HomeMy WebLinkAbout11-17-2020 City Council Agenda Packet
Tuesday, November 17, 2020
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of
the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City
of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the
convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be
holding all public meetings via teleconference. There will be no physical location for the Public to view the
meeting. Below are instructions on how to view the meeting remotely and how to leave public comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate
in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are encouraged
to participate in Council meetings in the following ways:
1. Remote Viewing -Members of the public who wish to watch the meeting can view:
x View the Webinar (recommended for the best viewing quality):
¾Registration URL: https://attendee.gotowebinar.com/register/5064170648431299596
¾Webinar ID: 475-422-795
¾Telephone Attendee: +1 (914) 614-3221, Audio Access Code: 857-877-635
Note: The City uses Go to Webinar for City Council Meetings. Please test speakers and mic prior to
joining webinar. Click here to watch a YouTube tutorial for GoToWebinar Attendees.
x Televised live on Charter Cable Channel 20
x View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city
2.Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
x Mail or Email Public Comment
¾Received by 3:00 PM on the day of meeting -Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA
93401. All emails will be archived/distributed to councilmembers, however, submissions after
3:00 p.m. on the day of the meeting may not be archived/distributed until the following day.
Emails will not be read aloud during the meeting.
x Verbal Public Comment
¾In Advance of the Meeting -Call (805) 781-7164; state and spell your name, the agenda item
number you are calling about and leave your comment. The verbal comments must be limited to 3
minutes. All voicemails will be forwarded to the Council Members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
¾During the meeting –Join the webinar (instructions above). Once the meeting has started, please
put your name and the item # you would like to speak on in the questions box. During the public
comment section for the item, your name will be called, and your mic will be unmuted. If you
have questions, contact the office of the City Clerk at cityclerk@slocity.org or (805) 781-7100.
San Luis Obispo City Council Agenda November 17, 2020 Page 2
San Luis Obispo Page 2
6:00 PM REGULAR MEETING TELECONFERENCE
Broadcasted via Webinar
CALL TO ORDER:Mayor Heidi Harmon
ROLL CALL:Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez, and Mayor Heidi Harmon
APPOINTMENTS
1. ADVISORY APPOINTMENTS FOR UNSCHEDULED VACANCIES
(PURRINGTON / CHRISTIAN –5 MINUTES)
Recommendation:
Confirm appointments to the Human Relations Commission and Citizens’ Revenue
Enhancement Oversight Commission, as recommended by the Council Liaison
Subcommittees.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
The Council welcomes your input. State law does not allow the Council to discuss or take
action on issues not on the agenda, except that members of the Council or staff may briefly
respond to statements made or questions posed by persons exercising their public testimony
rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be
acted upon at one time. A member of the public may request the Council to pull an item for
discussion.Pulled items shall be heard at the close of the Consent Agenda unless a majority of
the Council chooses another time. The public may comment on any and all items on the
Consent Agenda within the three-minute time limit.
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
San Luis Obispo City Council Agenda November 17, 2020 Page 3
3. MINUTES REVIEW - OCTOBER 20, 2020 AND OCTOBER 30, 2020 CITY
COUNCIL MINUTES (PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on October 20, 2020 and the Special
City Council meeting on October 30, 2020.
4. REVIEW OF A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR THE
LOZELLE AND KATIE FLICKINGER GRAHAM HOUSE (A MASTER LIST
RESOURCE)(CODRON / OETZELL)
Recommendation:
As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A
Resolution of the City Council of the City of San Luis Obispo, California, approving a
Historic Property Preservation Agreement between the City and the owners of the Lozelle
and Katie Flickinger Graham House at 1789 Santa Barbara Street (Application No.
HIST-0359-2020).”
5.CONSIDERATION OF THE HUMAN RELATIONS COMMISSION’S
RECOMMENDED PRIORITIES FOR THE 2021-22 COMMUNITY
DEVELOPMENT BLOCK GRANT AND GRANTS-IN-AID PROGRAMS
(CODRON / VERESCHAGIN)
Recommendation:
Approve the Community Development Block Grant and Grants-in-Aid funding priorities for
the 2020-21 funding year, as recommended by the Human Relations Commission.
6. APPROVAL OF THE SLO TRANSIT PUBLIC TRANSPORTATION AGENCY
SAFETY PLAN (HORN / ANGUIANO)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the City of San Luis Obispo Transit Public Transportation
Agency Safety Plan”developed by Caltrans in compliance with Federal Transit
Administration requirements (49 CFR Part 673).
7. AUTHORIZATION TO ENTER INTO A CONTRACT WITH PG&E TO
PARTICIPATE IN THE ELECTRIC VEHICLE FLEET PROGRAM
(HORN / ANGUIANO)
Recommendation:
Authorize the City Manager to execute an agreement, once provided by PG&E, to
participate in the PG&E Electric Vehicle (EV) Fleet Program.
San Luis Obispo City Council Agenda November 17, 2020 Page 4
8. MEMORANDUM OF UNDERSTANDING FOR UNDERGROUND UTILITY
CONDUIT INFRASTRUCTURE WITH THE COUNTY OF SAN LUIS OBISPO
(HERMANN / GUARDADO / WILWAND)
Recommendation:
Approve and authorize the Deputy City Manager or their designee to execute the
Memorandum of Understanding (MOU) for Underground Utility Conduit Infrastructure with
the County of San Luis Obispo.
9. REVISIONS TO THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY
JOINT POWERS AGREEMENT (HORN / ANGUIANO)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of San Luis Obispo,
California, authorizing execution of the amended and restated Joint Powers Agreement for
the San Luis Obispo Regional Transit Authority”allowing consolidation of South County
Transit into the San Luis Obispo Regional Transit Authority.
10. PARTIAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACTS 3063-2,
3066-2, 3095, AND 3111, RESIDENTIAL SUBDIVISIONS IN THE ORCUTT AREA
(CODRON / VAN BEVEREN)
Recommendation:
1. Adopt a Resolution for Tract 3063-2 entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, accepting the completed Public Improvements of
Tract 3063-2; certifying the completed Private Subdivision Improvements of Tract
3063-2; releasing the Securities for the completed portions of Tract 3063-2; And
authorizing the Director of Public Works to accept the remaining improvements and to
release the remaining Securities once all the improvements are deemed complete;” and
2. Adopt a Resolution for Tract 3066-2 entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, accepting the completed Public Improvements of
Tract 3066-2; certifying the completed Private Subdivision Improvements of Tract
3066-2; releasing the Securities for the completed portions of Tract 3066-2; and
authorizing the Director of Public Works to accept the remaining improvements and to
release the remaining securities once all the improvements are deemed complete;” and
3. Adopt a Resolution for Tract 3095 entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, accepting the completed Public Improvements of
Tract 3095; certifying the completed Private Subdivision Improvements of Tract 3095;
releasing the Securities for the completed portions of Tract 3095; and authorizing the
Director of Public Works to accept the remaining improvements and to release the
remaining securities once all the improvements are deemed complete;” and
4.Adopt a Resolution for Tract 3111 entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, accepting the completed Public Improvements of
Tract 3111; releasing the Securities for the completed portions of Tract 3111; and
authorizing the Director of Public Works to accept the remaining improvements and to
release the remaining securities once all the improvements are deemed complete.”
San Luis Obispo City Council Agenda November 17, 2020 Page 5
11. AUTHORIZE A TEMPORARY EXTENSION OF THE OPEN SPACE EVENING
HOURS OF USE PILOT PROGRAM (HERMANN / HILL)
Recommendation:
1.Approve a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting an Addendum to the Mitigated Negative Declaration for the
temporary extension of a Pilot Program for Winter Open Space hours of use;” and
2.Direct staff to return to City Council in April 2021, following the conclusion of the
additional third season of the Pilot Program, to receive and file the final summary report
and provide direction regarding any future open space evening hours of use that the City
Council may wish to consider.
12. AUTHORIZATION TO SUBMIT AN APPLICATION FOR REGIONAL EARLY
ACTION PLANNING GRANTS PROGRAM (CODRON / COHEN)
Recommendation:
Approve a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing an application for and entering into agreements regarding
Regional Early Action Planning (REAP) Grant Funds.”
PUBLIC HEARING AND BUSINESS ITEMS
13. CONSIDERATION OF THE DIVERSITY, EQUITY AND INCLUSION TASK
FORCE RECOMMENDATIONS OF GRANT FUNDING TO HIGH-IMPACT DE&I
PROGRAMS (JOHNSON / MAGEE - 30 MINUTES)
Recommendation:
1. As recommended by the Diversity, Equity and Inclusion Task Force approve the 2020-
21 Notice of Funding Availability for High-Impact DE&I programs grant funding
allocations in the amount of $109,800; and
2. Authorize the City Manager to execute agreements with each grant recipient.
14. RECEIVE A STATUS UPDATE FOR THE 2019-21 GOAL SETTING AND
FINANCIAL PLAN PROCESS (ELKE / HARNETT - 60 MINUTES)
Recommendation:
Receive and discuss the following background information in preparation for the 2021-23
Goal-Setting and Financial Plan process:
1.FY 2020-21 1st Quarter Report; and
2.Status of the 2020-21 adopted Meta Goal and original Major City Goal components; and
3.General Plan and Climate Action Plan Update; and
4. Setting the stage framework including core services and a scan of strategic indicators for
all major funds.
San Luis Obispo City Council Agenda November 17, 2020 Page 6
15. 2020 INTERIM YEAR SOLID WASTE RATE ADOPTION
(FLOYD / LANE - 15 MINUTES)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, Establishing Integrated Solid Waste Rates.”
16. REVIEW OF THE 6TH CYCLE HOUSING ELEMENT UPDATE AND A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
(CODRON / COHEN - 45 MINUTES)
Recommendation:
1.As recommended by the Planning Commission, adopt a Resolution entitled “A
Resolution of the City Council of the City of San Luis Obispo, California, approving and
adopting a Negative Declaration of Environmental Impact and Amendments to the
Housing Element of the General Plan as represented in the Council Agenda Report and
attachments dated November 17, 2020 (GENP-0217-2020 & EID-0218-2020 )”
2.Adopt a Resolution, entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, to Resolve that the City of San Luis Obispo Commits to being a
Safe, Inclusive and Welcoming Community for Everyone and to Facilitate Voluntary
Citizen Action to Redact or Repudiate Racist and Discriminatory Verbiage from Their
Property Deeds”.
17. SPECIFIC PLAN AMENDMENT AND VESTING TENTATIVE TRACT MAP
(VTTM 3142) FOR AN 11.44-ACRE NC-ZONED LOCATED IN THE SAN LUIS
RANCH SPECIFIC PLAN; 1035 MADONNA ROAD (SPEC-0172-2020; SBDV-0173-
2020)(CODRON / RICKENBACH - 45 MINUTES)
Recommendation:
As recommended by the Planning Commission, adopt a Resolution entitled “A Resolution of
the City Council of the City of San Luis Obispo, California, Approving a Specific Plan
Amendment for the San Luis Ranch Specific Plan, in order to allow up to 139,300 sf of
Commercial, 97,000 sf of office, and 654 Residential Units within the plan area, and to
update other aspects of the Specific Plan to accommodate this development; Approval of
Vesting Tentative Tract Map 3142 within previously approved Vesting Tentative Tract Map
3096 To create 11 lots in the NC Zone of the San Luis Ranch Specific Plan, for the
Commercial, Office, and Residential Units within these lots, as allowed under the Specific
Plan Amendment; and a determination that the project is consistent with the Certified Final
EIR and Final Supplemental EIR for San Luis Ranch Specific Plan when considered in
conjunction with an addendum approved by the City Council on August 18, 2020; as
represented in the agenda report and attachments dated November 17, 2020 (1035 Madonna
Road, SPEC-0172-2020; SBDV-0173-2020)”amending the San Luis Ranch Specific Plan
and approving a Vesting Tentative Tract Map (VTTM 3142.)
San Luis Obispo City Council Agenda November 17, 2020 Page 7
18. CONSIDER ADOPTING A RESOLUTION ESTABLISHING CITY SUPPORT FOR
H.R. 1384, THE MEDICARE FOR ALL ACT OF 2019 (JOHNSON - 15 MINUTES)
Recommendation
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo,California, in support of H.R. 1384, The Medicare For All Act of 2019” and urging
its passage by Congress.
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 is scheduled for Tuesday, December 1, 2020 at 6:00
p.m., via teleconference.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7410.
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.
`lJ / J—I -- ---- --
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
t am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Tinges, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
in the year 2020,
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San I.WS Dbjs)toI Califs tote, this
duty—�Of , 2020.
//0" �rot
Patricia Horton, New Times Legals
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lvk6.1Jiiiin � li•i�unaU•N rh1(7 nJnlinN I'h1(� 011ie ri I1li SINEtiSiI'ul,lic Nolice.J l'nx�r of I'ul,
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SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all interested
parsons to parilopute in a public meeting or, Tuesday,
November 17, 2020, at GM p.m. White the Councif
oncouragges public participation, growing concern about
the COViO 18 ppandemic has raquired that public meetings
he held via telecanlerenee. Meetings caa be viewed on
Government Access Channel 20 or streamed live from
the City's YouTube Channel at htip:/lyouiuhe.sla,city.
Public comment, prior to the start of the meeting, may
be submitted in writing via U.S. Mail delivered to Ilia City
Clerk's etlice a1990 Palm Street. San Luis Obispo, CA 93401
or by email to amailcouncilQbsfocity.arg.
Public Hearing Items:
A public hearing will be held to consider adapting
a Resolution approvin a Historic Property
Preservation Agreement %Mween the City of San
Luls Obispo and the owners of the Lozolle and Katio
Flickinger Graham House at 1789 Santa Barbara
Street IHIST--M59-2020I.
For more iglfermaticri contact Waller Oatzell Assistant
Planner, for the City'sCoMmuaitleDevelopment Department
or f8U5i 781-7M ar 8y email, woateo119s/aciryorg.
• A public hearing will he held to review the Wh Cycle
Housing Element Update end a Negative Cinloration
of Environmental Impect. The Housing Element is a
state required element of the Gen araI Plan that must
he updated according to a cycle established by
the States Department of Housing and Community
Devolopmem. Updating the Housing Element is a
key step in the City's efforts 10 expand affordable
housing opportunities and is required by California
Government Code Section 65511111- 65589.8 (SENP-
0217-2020 & EID-0218-2020).
For mare lnlefmation, contact Rachel Cohen. Associate
Planner, for the Cify's CommunityDsvelopment0apartm#nt
of fM1781.7574 or by email rcahonalocily.org.
• A public hearing will he held to consider a adopting
a Resolution, as recommended by the Planning
Commission, amondina the San Luis fianoh Specific
Plan and approving a Vesting Tentative Tract Map
W M 31421 based on findings and subject to
conditions of approval {SPEC-0172-2020 & SBDV-
0173.2020,1035 Madonna Road).
For more information, contact John Rickenbach, Contract
Project Manager, For the City's Community Development
Department at (805) 610-1109 or by email, jfrlckenbachO
aul.com.
A public hearing will be held to consider adopting a
Resolution ustabtishirlg Integrated Sol Id Waste Rates
In Rate Sotting lnturimYear 2020.
Far mare information, contact Jennifer 77rampsen
8067ess Manager, for Ill# City's Utilities Department at
(805) 781-7206 or by email jrhampson&lacify.org.
the City Council may also discuss other hearings ar
businoss itemsbefore or after the items listed abov& if
you "'ollenga Ilia proposed project in court, you may he
limited to raising only those Issues you or someone else
raised et the public haa0ng descrlbad in this notice, or in
written co rresp undenc I- delivered to the City Ccano11 at, or
prior to, the public hearing.
Reports for this meeting will be available for review online
at www.sloc".org no later than 72 hours prior to the
meeting. Please call the City Clerk's Office at (805) 781-
7100 for more information. The City Council meating wlll
be televised live on Charter Cable Channel 20 and live
streaming on the Citys YouTube channel hitps:llyoutube.
slo.city.
Teresa Purrington
City Clerk
City of San Luis Obispo
November 5, 2020
U19 NLU
'rTY CLERK
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Department Name: Administration
Cost Center:1021
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By:Teresa Purrington, City Clerk
Kevin Christian, Deputy City Clerk
SUBJECT:ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES
RECOMMENDATION
Confirm appointments to the Human Relations Commission (HRC) and Citizens’Revenue
Enhancement Oversight Commission (REOC), as recommended by the Council Liaison
Subcommittees detailed below.
DISCUSSION
Annual appointments to the various City Advisory Body Committees were made at the March
17, 2020 City Council meeting. The process for those appointments included recruitment by the
City Clerk’s office, interviews and recommendations by the various Council sub-committees,
and final confirmation of recommendations by the full Council. Applications of candidates not
selected for appointment are held for one year per the Advisory Body Handbook for use in
appointments for unscheduled vacancies.
In August 2020, Commissioners Drew Littlejohns (HRC) and Chris Coates (REOC) tendered
their resignations. Recruitment was opened for these positions as there were no further
candidates available from the annual recruitment process for either commission.
Human Relations Commission:Eight qualified candidates were interviewed via teleconference
on October 22, 2020 by Council Liaison Subcommittee member Stewart and HRC Chair Renoda
Campbell-Monza. Based on interview performance and candidate background, Antony Henry is
being recommended for appointment to fill the open HRC seat for the remainder of the 4-year
term, ending March 31, 2022.
Revenue Enhancement Oversight Commission:Three qualified candidates were interviewed via
teleconference on October 27, 2020 by Council Liaison Subcommittee member Stewart and
REOC Vice Chair McClure. Based on interview performance and candidate background, Matt
Quaglino is being recommended for appointment to fill the open REOC seat for the remainder of
the 3-year term, ending June 30, 2022.
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Item 1
Recruitment is continuing for vacancies on the following Advisory Bodies as listed:
x Construction Board of Appeals –One four-year position with a term expiring March 31,
2022.
x Cultural Heritage Committee –One four-year position with a term expiring March 31, 2024.
Policy Context
The Advisory Body Handbook, last adopted by City Council in February 2018, outlines the
recruitment procedures, membership requirements, and term limits. Also contained in the
Advisory Body Handbook are the bylaws for all advisory bodies, some of which include
additional membership requirements. Additionally, the City Council Policies and Procedures
Manual, last adopted in August 2019, describes the “Appointment Procedure” and “Process” for
Advisory Body appointments. Recruitment and appointment recommendations were performed
in conformance with all recruitment procedures, processes, and bylaws found in these resources.
Public Engagement
Recruitment for both the HRC and REOC has been open since August 25, 2020, posted on the
City website Advisory Body Vacancies page, Job Openings page, and has been listed and noticed
as required by the “Maddy Act” (GC 54972, Local Appointments List).
CONCURRENCE
The Council Liaison Subcommittees concur with the recommendations.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended actions in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2020-21
Funding Identified:
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Item 1
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no additional impact for appointment of Advisory Body members.
ALTERNATIVES
Council could recommend changes to the recommended appointments or direct staff to re-
open recruitment for additional candidates. This is not recommended as there were sufficient
qualified candidates for both positions, and the Council Liaison Subcommittee feel they have
been quite thorough in their consideration of applicants and the Council’s needs in their selection
process.
AVAILABLE FOR REVIEW
All applications are available for public review, by request, in the Office of the City Clerk, which
can be reached at (805) 781-7100 or cityclerk@slocity.org during normal business hours.
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San Luis Obispo Page 1
Tuesday, October 2, 2020
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 20, 2020 at time 6:05 p.m. by Mayor Harmon, with all Members present via
teleconference.
ROLL CALL
Council Members
Present:Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice
Mayor Aaron Gomez, 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.
PRESENTATIONS
1. NATIONAL HOSPICE AND PALLIATIVE CARE MONTH PROCLAMATION
Mayor Harmon presented a Proclamation for National Hospice and Palliative Care Month to
Shannon McOuat, Executive Director of Hospice SLO County.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Michelle Walter
William Walter
Marshall James
Michael Giuffre
Chloe Fleischer
Karrissa Hamblet
Rey Smith
Alejandro Bupara
---End of Public Comment---
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Item 3
San Luis Obispo City Council Minutes of October 20, 2020 Page 2
CONSENT AGENDA
ACTION:MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 2 thru 9.
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
3. MINUTES REVIEW - OCTOBER 6, 2020 CITY COUNCIL MINUTES
CARRIED 5-0, to approve the minutes of the City Council meeting held on October 6,
2020.
4. CONSIDERATION OF A REGIONAL SURFACE TRANSPORTATION
EXCHANGE / SURFACE TRANSPORTATION BLOCK GRANT COOPERATIVE
AGREEMENT WITH THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
CARRIED 5-0, to:
1. Adopt Resolution No. 11172 (2020 Series)entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, authorizing the City Manager to execute the
San Luis Obispo Council of Governments Regional Surface Transportation
Exchange/Surface Transportation Block Grant Cooperative Agreement No. SLO-FAST-
01;” and
2. Approve the priority of projects proposed for use of discretionary Urban State Highway
Account, funding allocations (Table 1); and
3. Authorize the Assistant City Manager or their designee to submit future grant
applications for projects eligible for competitive grants administered by SLOCOG; and
4. Authorize the Assistant City Manager or their designee to execute SLOCOG grant
reimbursement requests and other related grant documents on behalf of the City; and
5. Authorize the Finance Director to augment the budget and appropriate grant funds and
approve budget amendments on a project-by-project basis to appropriate Regional State
Highway Account, Urban State Highway Account, and Safe Route to Schools grant
funds administered by SLOCOG.
5. AUTHORIZATION TO APPLY FOR THE STATEWIDE PARK DEVELOPMENT
AND COMMUNITY REVITALIZATION GRANT PROGRAM
CARRIED 5-0, to:
1. Approve Resolution No. 11173 (2020 Series)entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, approving the application for statewide Park
Development and Community Revitalization Program Grant Funds”authorizing staff to
submit a grant application, for a total amount not to exceed $8,500,000; and
2. Authorize the Assistant City Manager to execute the necessary grant documents and
appropriate the grant amount into the Parks and Recreation Department’s budget upon
grant award.
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Item 3
San Luis Obispo City Council Minutes of October 20, 2020 Page 3
6. FINAL ACCEPTANCE OF A PORTION OF PUBLIC IMPROVEMENTS FOR
TRACT 3083 (1299 ORCUTT ROAD)
CARRIED 5-0 to adopt Resolution No. 11174 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, accepting a portion of the Public
Improvements; releasing the securities for the accepted portions of Tract 3083; and
authorizing the Director of Public Works to accept the remaining Public Improvements, then
release the remaining securities once the Improvements are deemed complete.”
7. FY 2020 SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY TECHNICAL ASSISTANCE GRANT
CARRIED 5-0, to:
1. Authorize the Utilities Department to submit an application for the 2020 Integrated Waste
Management Authority Technical Assistance Grant in the amount of $10,000; and
2. If the grant is awarded, authorize the City Manager to execute necessary grant documents
and direct the appropriation of monies to the accounts required to administer the grant.
8. MINIMUM WAGE ADJUSTMENTS FOR 2021 PER THE CALIFORNIA FAIR
WAGE ACT OF 2016
CARRIED 5-0, to adopt Resolution 11175 (2020 Series) entitled, “A Resolution of the City
Council of the City of San Luis Obispo, California, establishing and adopting a Supplemental
Employee Salary Schedule and superseding previous resolutions in conflict” to comply with
the California Fair Wage Act of 2016 requiring a minimum wage of $14.00 per hour
effective December 24, 2020.
9. AUTHORIZATION TO ADOPT THE FUNDING, CONSTRUCTION, AND
ACQUISITION AGREEMENT FOR THE CITY OF SAN LUIS OBISPO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH)
CARRIED 5-0, to adopt Resolution No. 11176 (2020 Series)entitled, “A Resolution of the
Council of the City of San Luis Obispo, California, approving the Funding, Construction and
Acquisition Agreement for the San Luis Obispo Community Facilities District No. 2019-1
(San Luis Ranch).”
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
10. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
DISTRICT
Deputy City Manager Greg Hermann, Tourism Manager Molly Cano and TBID Chair John
Conner provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---Packet Page 7
Item 3
San Luis Obispo City Council Minutes of October 20, 2020 Page 4
ACTION:MOTION BY COUNCIL MEMBER STEWART, SECOND BY
COUNCIL MEMBER PEASE, CARRIED 4-1 (VICE MAYOR GOMEZ VOTING NO) to:
1. Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the San Luis Obispo Tourism Business Improvement District and determine
whether a legally sufficient protest is made; and
2. Adopt Resolution No. 11177 (2020 Series) entitled, “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” setting forth the basis for the assessment, and
levying the assessment upon hotels in the district for fiscal year 2020-21.
RECESS
Council recessed at 7:50 p.m. and reconvened at 8:00 p.m., with all Council Members present.
11. 4TH QUARTER BUDGET REVIEW
City Manager Derek Johnson, Finance Director Brigitte Elke and Principal Budget Analyst
Natalie Harnett provided an in-depth staff report and responded to Council questions.
Public Comments:
Ty Safreno
Molly Kern
---End of Public Comment---
ACTION:MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to:
1. Review FY 2019-20 unaudited year end actuals and FY 2020-21 fiscal outlook; and
2. Adopt Resolution No. 11178 (2020 Series)entitled, “A Resolution of the Council of the
City of San Luis Obispo, California, approving revisions to the adopted 2020-21 Water
and Sewer Fund Budget Appropriations” and
3. Approve the goal setting process and timetable for development of the 2021-23
Financial Plan; and
4. Adopt Resolution 11179 (2020 Series) entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, approving the application for Per Capita Grant
Funds” authorizing staff to pursue the Proposition 68 Per Capita Grant Program,with
the California Department of Parks and Recreation Office of Grants and Local Services;
and
5. Authorize the Assistant City Manager to execute the necessary grant documents and
appropriate the grant amount into the Parks and Recreation Department’s budget upon
grant award.
With the following added recommendation:
6. Approve the appropriation of $20,000 from unassigned FY 18-19 fund balance to fund
the necessary work to accomplish the needed specific plan amendments to the Airport
Area and Margarita Area Specific Plans.
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Item 3
San Luis Obispo City Council Minutes of October 20, 2020 Page 5
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
Council Member Pease indicated she went to League of California Cities Annual Conference.
Council Member Christianson indicated she went to the League of California Cities Annual
Conference.
Council Member Stewart indicated she went to the League of California Cities Annual
Conference.
ADJOURNMENT
The meeting was adjourned at 9:22 p.m. The City Council will hold a Closed Session meeting on
Tuesday, November 10, 2020 at 5:00 p.m., via teleconference. The next Regular City Council
Meeting is scheduled for Tuesday, November 17, 2020 at 6:00 p.m., via teleconference.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2020
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Item 3
San Luis Obispo Page 1
Friday, October 30, 2020
Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Friday, October
30, 2020 at 5:00 p.m. by City Manager Derek Johnson.
ROLL CALL
Council Members
Present:Council Members Carlyn Christianson, Andy Pease, and Erica A. Stewart
Council Members
Absent:Vice Mayor Aaron Gomez, and Mayor Heidi Harmon
City Staff
Present:Derek Johnson, City Manager was present at Roll Call.
PUBLIC COMMENT
None.
---End of Public Comment---
BUSINESS ITEMS
1. DISCUSSION AND REVIEW OF CONFERENCE SESSIONS ATTENDED DURING
THE ANNUAL LEAGUE OF CALIFORNIA CITIES VIRTUAL CONFERENCE
City Manager Johnson, along with Council Member Christianson, Pease and Stewart,
discussed the sessions they attended during the virtual League of California Cities Annual
conference.
ADJOURNMENT
The meeting was adjourned at 8:05 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, November 17, 2020 at 6:00 p.m., in the Council Chamber, via teleconference.
__________________________
Teresa Purrington, City Clerk
APPROVED BY COUNCIL: XX/XX/2020
Packet Page 10
Item 3
Department Name: Community Development
Cost Center:4003
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Michael Codron, Community Development Director
Prepared By:Walter Oetzell, Assistant Planner
SUBJECT:REVIEW OF A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR
THE LOZELLE AND KATIE FLICKINGER GRAHAM HOUSE (A MASTER
LIST RESOURCE)
RECOMMENDATION
As recommended by the Cultural Heritage Committee, adopt a Resolution (Attachment A)
approving a Historic Property Preservation Agreement between the City and the owners of the
Lozelle and Katie Flickinger Graham House at 1789 Santa Barbara Street, under the terms
described in the draft agreement (Attachment B).
DISCUSSION
The owners of the Lozelle and Katie
Flickinger Graham House at 1789
Santa Barbara Street submitted an
application to enter into a Mills Act
historical property contract with the
City. The property was designated as
a Master List Resource on July 7,
2020 (Resolution 11139), as a rare
example within the City of the
Italianate Style, under the eligibility
criteria for architecture and integrity
set out in the City’s Historic
Preservation Ordinance (HPO).
The Mills Act Program
The Mills Act Program enables California cities to enter contracts with owners of historical
property to provide them with tax relief in exchange for an agreement to actively participate in
the restoration and maintenance of historical resources. A Mills Act contract is effective for an
initial 10-year period, and then is automatically extended annually for an additional year. After
the initial term, either the City or the owner may, by written notice, decide not to renew the
contract. During the effective term of the contract, the property owner must improve or
rehabilitate the property, maintain the property consistent with the Secretary of the Interior’s
Standards, and provide visibility of the historical resource from the public right-of-way.
Figure 1: Lozelle and Katie Flickinger Graham House
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Item 4
The Conservation and Open Space Element (COSE) of the General Plan describes the City’s
goals and policies for the protection of cultural resources. It is the City’s policy that significant
historic resources be rehabilitated and preserved (COSE § 3.3). Participation in the Mills Act
Program is one of the means by which the City encourages the maintenance and restoration of
historic properties (COSE § 3.6.2). A property must be on the City’s Master List of Historic
Resources in order to be enrolled in the program. Currently there are 61 properties participating
in the program, with the last request approved by the Council in June 2020.
Previous Advisory Body and Council Action
On July 7th, 2020, the City Council reviewed and approved a request from the property owner to
designate the property as a Master List Historic Resource, based on its significance as a rare
example within the City of the Italianate Style. The Cultural Heritage Committee reviewed this
application for participation in the Mills Act Historic Preservation Program, and the terms of the
draft preservation contract, at a public hearing on September 28, 2020 and, by a vote of 6-0-1
(one vacancy), recommended that the Council approve the contract.
Policy Context
The recommended action on this item is supported by historical preservation policies set out
section 3.0 of the Conservation and Open Space Element of the City’s General Plan, particularly
Program 3.6.2, regarding participation in financial incentive programs to encourage maintenance
and restoration of historic properties, and also with the purpose of encouraging private
stewardship of historic buildings through incentives, as provided by § 14.01.010 (B)(3) of the
City’s Historic Preservation Ordinance.
Public Engagement
Public notice of this hearing has been provided to owners and occupants of property near the
subject site, and published in The New Times and posted on the City’s website. The agendas for
this meeting have been posted at City Hall and online, consistent with adopted notification
procedures for development projects.
ENVIRONMENTAL REVIEW
Entering into a “Mills Act Contract” with the owners of historical property is not subject to the
provisions of the California Environmental Quality Act (CEQA) because it is not a project as
defined in CEQA Guidelines § 15378 (Definitions –Project). Implementation of the Mills Act is
a government fiscal activity which does not involve commitment to any specific project resulting
in a potentially significant physical impact on the environment (Guidelines § 15378 (b) (4)).
FISCAL IMPACT
FISCAL IMPACT
Budgeted: N/A Budget Year:
Funding Identified:
Packet Page 12
Item 4
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A N/A N/A N/A
State N/A N/A N/A N/A
Federal N/A N/A N/A N/A
Fees N/A N/A N/A N/A
Other:N/A N/A N/A N/A
Total N/A N/A N/A N/A
After the Mills Act contract is recorded, the County Assessor values the property by an income
capitalization method, following guidelines provided by the State Board of Equalization.
Because of the timing and the method of valuing the restricted property, it is difficult to
accurately estimate the tax savings and resulting fiscal impacts to the City under a particular
historical property contract. However, the Office of Historic Preservation (California Department
of Parks and Recreation) estimates that property owners participating in the program may realize
property tax savings of between 40% and 60% each year for newly improved or purchased older
properties.
ALTERNATIVES
1.Continue consideration of the request to a future date for additional analysis or research
2.Do not enter into a Mills Act Historical Property Contract with the property owner.This
alternative is not recommended. The contract provides a tax relief incentive that is a tool for
achieving the City’s goals for historical preservation.
Attachments:
a - Draft Resolution
b - Historic Property Preservation Agreement (Draft)
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Item 4
R _____
RESOLUTION NO. ____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY AND THE
OWNERS OF THE LOZELLE AND KATIE FLICKINGER GRAHAM
HOUSE AT 1789 SANTA BARBARA STREET (APPLICATION NO.
HIST-0359-2020)
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code § 50280 et seq. (known as “the Mills Act”) to enter into contracts with the
owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing
the Mills Act Historic Property Tax Incentive Program as an on-going historic preservation
program to promote the preservation, maintenance and rehabilitation of historic resources through
financial incentives; and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property
as a historic resource of the City of San Luis Obispo pursuant to the policies in the City’s Historic
Preservation Program Guidelines; and
WHEREAS, Michael and Paden Hughes are the owners of that certain qualified real
property (“Owners”), together with associated structures and improvement thereon, located on
Assessor’s Parcel Number 003-552-011, located at 1789 Santa Barbara Street, in the City of San
Luis Obispo, California, also described as the Lozelle and Katie Flickinger Graham House; and
WHEREAS, the City and Owners, for their mutual benefit, now desire to enter into an
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character-defining features are preserved and maintained in an exemplary manner, and repairs and
improvements are completed as necessary to carry out the purposes of California Government
Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for
an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation
Code.
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a public hearing via teleconference from the City of San Luis Obispo, California, on September
28, 2020 for the purpose of reviewing the proposed historic property preservation agreement, and
recommended that the City enter into the agreement; and
WHEREAS, the City Council conducted a public hearing via teleconference from the City
of San Luis Obispo, California, on November 17, 2020 for the purpose of considering approval of
the historic property preservation agreement, and has duly considered all evidence, including the
record of the Cultural Heritage Committee hearing and recommendation, testimony of the
applicant and interested parties, and the evaluation and recommendation by staff, present at said
hearing; and
Packet Page 14
Item 4
Resolution No. ____ (2020 Series)
R _____
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1.Findings. Based upon all the evidence, the City Council makes the following
findings:
1. Conservation and Open Space Element Program 3.6.2 states that the City will
participate in financial assistance programs such as property tax reduction programs
that encourage maintenance and restoration of historic properties.
2. The Lozelle and Katie Flickinger Graham House, located at 1789 Santa Barbara Street,
has been recognized as a historic asset in the community by its designation as a Master
List Historic Property by the City Council on July 7, 2020(Resolution 11139). As such,
maintaining the structure will meet the City’s goals for historic preservation listed in
policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element.
SECTION 2.Environmental Determination. The City Council has determined that the
above actions do not constitute a project, as defined in California Environmental Quality Act
Guidelines § 15378 and are not subject to environmental review.
SECTION 3.Historic Property Preservation Agreement Approved. The City Council
hereby approves the “Historic Property Preservation Agreement between the City of San Luis
Obispo and the Owner of the Historic Property Located at 1789 Santa Barbara Street,” to be
entered into by the City and the property owners, Michael and Paden Hughes.
SECTION 4.Community Development Director Authorized to Sign Agreement for City.
The City Council hereby authorizes the Community Development Director to execute said
agreement on behalf of the Council of the City of San Luis Obispo.
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Item 4
Resolution No. ____ (2020 Series)
R _____
SECTION 5.Recordation of the Agreement. No later than twenty (20) days after the
parties enter into said agreement, the City Clerk shall cause the agreement to be recorded in the
Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member __________, seconded by City Council Member
_______________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this ____ day of ____________ 2020.
____________________________________
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, on ___________________________.
____________________________________
Teresa Purrington
City Clerk
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Item 4
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC
PROPERTY LOCATED AT 1789 SANTA BARBARA STREET, IN THE CITY OF
SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this________day of ________ , 2020, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
“City”), and Michael and Paden Hughes (hereinafter referred to as “Owners”), and collectively
referred to as the “parties.”
WHEREAS, Owners are the owners of that certain real property commonly known as
1789 Santa Barbara Street (APN 003-552-011), and legally described as shown in the attached
“Exhibit B” (“Owners’ Property”); and
WHEREAS, Owners have agreed to enter into an Historical Property Contract with the
City for the preservation, maintenance, restoration, or rehabilitation of Owners’Property, an
historic resource within the City;
NOW, THEREFORE, in consideration of the above recitals and in further consideration
of the mutual benefits, promises, and agreements set out herein, the parties agree as follows:
Section 1. Description of Preservation Measures. The Owners, their heirs, or assigns hereby
agree to undertake and complete, at his expense, the preservation, maintenance, and improvements
measures described in “Exhibit A”attached hereto.
Section 2. Effective Date and Term of Agreement.This agreement shall be effective and
commence upon recordation and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement’s effective date, such initial term will
automatically be extended as provided in California Government Code Section 50280 through
50290 and in Section 3, below.
Section 3. Agreement Renewal and Non-renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter
referred to as “annual renewal date”), a year shall automatically be added to the
initial term of this agreement unless written notice of non-renewal is served as
provided herein.
b. If the Owners or the City desire in any year not to renew the agreement, the Owners
or the City shall serve written notice of non-renewal of the agreement on the other
party. Unless such notice is served by the Owners to the City at least ninety (90)
days prior to the annual renewal date, or served by the City to the Owners at least
sixty (60) days prior to the annual renewal date, one (1) year shall automatically be
added to the term of the agreement as provided herein.
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Historic Property Preservation Agreement
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c. The Owners may make a written protest of the notice. The City may, at any time
prior to the annual renewal date, withdraw its notice to the Owners of non-renewal.
d. If either the City or the Owners serve notice to the other party of non-renewal in
any year, the agreement shall remain in effect for the balance of the term then
remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
a. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate
the building and its character-defining features, including: the building’s general
architectural form, style, materials, design, scale, proportions, organization of
windows, doors, and other openings; interior architectural elements that are integral
to the building’s historic character or significance; exterior materials, coatings,
textures, details, mass, roof line, porch, and other aspects of the appearance of the
building’s exterior, as described in Exhibit A, to the satisfaction of the Community
Development Director or his designee.
b. All building changes shall comply with applicable City specific plans, City
regulations and guidelines, and conform to the rules and regulations of the Office
of Historic Preservation of the California Department of Parks and Recreation,
namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and
Standards and Guidelines for Historic Preservation Projects. Interior remodeling
shall retain original, character-defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural
ornamentation to the greatest extent possible.
c. The Community Development Director shall be notified by the Owners of changes
to character-defining exterior features prior to their execution, such as major
landscaping projects and tree removals, exterior door or window replacement,
repainting, remodeling, or other exterior alterations requiring a building permit.
The Owners agree to secure all necessary City approvals and/or permits prior to
changing the building’s use or commencing construction work.
d. Owners agree that property tax savings resulting from this agreement shall be used
for property maintenance and improvements as described in Exhibit A.
e. The following are prohibited: demolition or partial demolition of the historic
building; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or
furniture visible from a public way; or any device, decoration, structure, or
vegetation which is unsightly due to lack of maintenance or because such feature
adversely affects, or is visually incompatible with, the property’s recognized
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Historic Property Preservation Agreement
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Page 3
historic character, significance, and design as determined by the Community
Development Director.
f. Owners shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the historic property by representatives of the County
Assessor, the State Department of Parks and Recreation, the State Board of
Equalization, and the City as may be necessary to determine the owners’
compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information.The Owners hereby agree to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly-noticed public hearing by the City Council as set forth
in Government Code Section 50285, may cancel this agreement if it determines that
the Owners have breached any of the conditions of this agreement or has allowed
the property to deteriorate to the point that it no longer meets the standards for a
qualified historic property; or if the City determines that the Owners have failed to
preserve, maintain, or rehabilitate the property in the manner specified in Section 4
of this agreement. If a contract is cancelled because of failure of the Owners to
preserve, maintain, and rehabilitate the historic property as specified above, the
Owners shall pay a cancellation fee to the State Controller as set forth in
Government Code Section 50286, which states that the fee shall be 12 ½% of the
full value of the property at the time of cancellation without regard to any restriction
imposed with this agreement.
b. If the historic building is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of the agreement, the
agreement shall be cancelled and no fee imposed, as specified in Government Code
Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, under the provisions to cancel the agreement
by the Owners, the City shall give written notice of violation to the Owners by
registered or certified mail addressed to the address stated in this agreement. If
such a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or
default of said breach; or if the default cannot be cured within thirty (30) days
(provided that acts to cure the breach or default may be commenced within thirty
(30) days and shall thereafter be diligently pursued to completion by the Owners);
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then the City may, without further notice, declare a default under the terms of this
agreement and may bring any action necessary to specifically enforce the
obligations of the Owners growing out of the terms of this agreement, apply to any
court, state or federal, for injunctive relief against any violation by the Owners or
apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owners if the City does not
enforce or cancel this agreement. All other remedies at law or in equity which are
not otherwise provided for in this agreement or in the City’s regulations governing
historic properties are available to the City to pursue in the event that there is a
breach or default under this agreement. No waiver by the City of any breach or
default under this agreement shall be deemed to be a waiver of any other subsequent
breach thereof or default herein under.
c. By mutual agreement, City and Owners may enter into mediation or binding
arbitration to resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building
located at 1789 Santa Barbara Street, San Luis Obispo, California, Assessor’s Parcel Number
003-552-011, to the covenants, reservations, and restrictions as set forth in this agreement. The
City and Owners hereby declare their specific intent that the covenants, reservations, and
restrictions as set forth herein shall be deemed covenants running with the land and shall pass to
and be binding upon the Owners’successors and assigns in title or interest to the historic property.
Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic
property or any portion thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in this agreement
regardless of whether such covenants, restrictions, and reservations are set forth in such contract,
deed, or other instrument.
Section 9. Notice.Any notice required by the terms of this agreement shall be sent to the address
of the respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owners: Michael and Paden Hughes
1789 Santa Barbara Street
San Luis Obispo CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to
create a partnership between the parties hereto and any of thei r heirs, successors, or
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Historic Property Preservation Agreement
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assigns, nor shall such terms, provisions, or conditions cause them to be considered
joint ventures or members of any joint enterprise.
b. The Owners agree to hold the City and its elected and appointed officials, officers,
agents, and employees harmless from liability for damage or from claims for
damage for personal injuries, including death, and claims for property damage
which may arise from the direct or indirect use or activities of the Owners, or from
those of his contractor, subcontractor, agent, employee, or other person acting on
the Owners’behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owners hereby agree to and shall defend
the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all claims or actions for damages caused by, or alleged to have
been caused by, reason of the Owners’activities in connection with the historic
property, excepting however any such claims or actions which are the result of the
sole negligence or willful misconduct of City, its officers, agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason
of the operations referred to in this agreement regardless of whether or not the City
prepared, supplied, or approved the plans, specifications, or other documents for
the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in
this agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons
acquiring any part or portion of the historic property, whether by operation of law
or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained
herein, or to determine the rights and duties of any party hereunder, the prevailing
party in such proceeding may recover all reasonable attorney’s fees to be fixed by
the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions
thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with the laws of the
State of California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
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Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this
agreement, the City shall cause this agreement to be recorded in the office of the County Recorder
of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owners;
however, the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day
and year written above.
OWNERS
____________________________________ ______________________________
Michael Hughes Date
____________________________________ ______________________________
Paden Hughes Date
CITY OF SAN LUIS OBISPO
____________________________________ ______________________________
Mayor Heidi Harmon Date
Pursuant to authority conferred by Resolution No. __________(2020 Series)
ATTEST:
______________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________
J. Christine Dietrick
City Attorney
ALL SIGNATURES MUST BE NOTARIZED
Packet Page 22
Item 4
Historic Property Preservation Agreement
1789 Santa Barbara Street
Page 7
EXHIBIT “A”
MAINTENANCE AND IMPROVEMENT MEASURES FOR
THE LOZELLE AND KATIE FLICKINGER GRAHAM HOUSE LOCATED AT
1789 SANTA BARBARA STREET, SAN LUIS OBISPO, CALIFORNIA
Owners shall preserve, maintain, and repair the historic building, including its character-defining
architectural features in good condition, to the satisfaction of the Community Development
Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis
Obispo for property located at 1789 Santa Barbara Street. Character-defining features shall
include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural
detailing, doors and windows, window screens and shutters, balustrades and railings, foundations,
and surface treatments.
Owners agree to make the following improvements or repairs during the term of this contract but
in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent
with the City’s Historic Preservation Ordinance and the Secretary of the Interior’s Standards for
the Treatment of Historic Properties:
Preservation and repair of windows, including a unique bathroom window
Replacement of roofing materials, and restoration of roof cresting
Restoration of period-appropriate landscaping and fence line
Plumbing repairs and repairs to address site drainage problems causing water markings
around the building foundation
Exterior paint and trim maintenance
Packet Page 23
Item 4
Historic Property Preservation Agreement
1789 Santa Barbara Street
Page 8
EXHIBIT “B”
Legal Description
For APN/Parcel ID(s): 003-552-011
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN
LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 8 IN BLOCK 176 OF THE RESUBDIVISION OF
FRACTIONAL BLOCKS 176 AND 181 OF LOOMIS AND OSGOOD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA ACCORDING TO MAP RECORDED
NOVEMBER 14, 1894 IN BOOK A, PAGE 125 OF MAPS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 8 WHICH
NORTH 53° 07' EAST 59, FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT
8, SAID POINT BEING THE MOST EASTERLY CORNER OF THE PROPERTY
CONVEYED TO FRANK A. SMITH BY DEED RECORDED DECEMBER 5, 1904 IN BOOK
64 OF DEEDS, PAGE 323, RECORDS OF SAID COUNTY;
THENCE NORTH 36° 53' WEST ALONG THE NORTHEASTERLY LINE OF THE
PROPERTY SO CONVEYED, 85.84 FEET; THENCE NORTH 77° 55’ EAST, 91.39 FEET,
MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 8; THENCE
SOUTHEASTERLY ALONG SAID EASTERLY LINE OF LOT 8, 52.70 FEET, MORE OR
LESS, TO THE SOUTHEASTERLY LINE OF SAID LOT 8; THENCE SOUTH 53° 07' WEST
60.15 FEET TO THE POINT OF BEGINNING.
APN: 003-552-011
Packet Page 24
Item 4
Historic Property Preservation Agreement
1789 Santa Barbara Street
Page 9
State of California }
County of San Luis Obispo }
On________________, before me __________________________________________,
Date Name and Title of the Officer
personally appeared, _____________________________________________________,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
Signature of Notary Public Place Notary Seal Above
State of California }
County of San Luis Obispo }
On________________, before me __________________________________________,
Date Name and Title of the Officer
personally appeared, _____________________________________________________,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
Signature of Notary Public Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
Packet Page 25
Item 4
Historic Property Preservation Agreement
1789 Santa Barbara Street
Page 10
State of California }
County of San Luis Obispo }
On________________, before me __________________________________________,
Date Name and Title of the Officer
personally appeared, _____________________________________________________,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
Signature of Notary Public Place Notary Seal Above
State of California }
County of San Luis Obispo }
On________________, before me __________________________________________,
Date Name and Title of the Officer
personally appeared, _____________________________________________________,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________
Signature of Notary Public Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
Packet Page 26
Item 4
Department Name:Community Development
Cost Center:4007
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Michael Codron, Community Development Director
Prepared By:Cara Vereschagin, Housing Coordinator
SUBJECT:CONSIDERATION OF THE HUMAN RELATIONS COMMISSION’S
RECOMMENDED PRIORITIES FOR THE 2021-22 COMMUNITY
DEVELOPMENT BLOCK GRANT AND GRANTS-IN-AID PROGRAMS
RECOMMENDATION
Approve the Community Development Block Grant and Grants-in-Aid funding priorities for the
2021-22 funding year, as recommended by the Human Relations Commission.
DISCUSSION
The City’s annual Community Development Block Grant (CDBG) and Grants-in-Aid (GIA)
review method provides the City Council and the public with opportunities to provide early input
in the grant award process. Establishing funding priorities is the second step in the four-step
procedure, which helps to ensure an open, inclusive, and fair grant application process. The
Human Relations Commission (HRC) is the advisory body to the City Council on funding
priorities and recommendations for both grant programs.
CDBG and GIA Program Overview
The CDBG program is a federal program administered by the U.S. Department of Housing and
Urban Development (HUD). The County of San Luis Obispo manages this grant and the final
funding decisions must be approved by the Board of Supervisors in the County’s annual Action
Plan. The funding is non-competitive, however, projects that are recommended for funding must
directly or indirectly benefit low-income persons. The City’s GIA program serves to provide
financial support to non-profit organizations that promote the economic and social well-being of
the citizens of San Luis Obispo. Programs requesting GIA funding must be tied explicitly to at
least one funding priority and must be compliant with the HRC’s Statement of Purpose and
Bylaws.
CDBG and GIA Project Decision Process
The four steps in the review process for both grant programs are as follows:
1.HRC “Community Needs Workshop”: The HRC hosted a public hearing on October 7, 2020
to inform the public about the upcoming CDBG and GIA funding cycles, how to apply for
grants, to hear community views on grant funding needs, and to develop funding priorities.
In addition, an Open City Hall online forum was available to those not able to attend the
workshop. Responses were incorporated into the development of funding priorities for both
grant programs. Minutes from this meeting can be found in Attachment A.
Packet Page 27
Item 5
2. Council Priority Setting: Council sets CDBG and GIA funding priorities which is scheduled
for the November 17, 2020 meeting.
3. HRC Funding Recommendations Hearings: HRC will hold two separate public hearings to
finalize funding recommendations for both CDBG and GIA programs. The hearing for the
CDBG program is scheduled for December 2, 2020. The hearing for the GIA program is
scheduled for May 5, 2021.
4. City Council Approval of Final Recommendations: City Council will review and approve
final funding recommendations for both CDBG and GIA programs. The Council will hold a
public hearing for CDBG funding decisions, which is tentatively scheduled for the March 2,
2021 City Council meeting. Final funding allocations for the GIA program is tentatively
scheduled for City Council review in July/August 2021.
HRC Recommended CDBG and GIA Funding Priorities for Program Year 2021-22
After hearing and reviewing public testimony, the HRC reviewed the previously adopted 2020
CDBG and GIA funding priorities and decided to make a few adjustments for this grant cycle.
Specifically, the HRC recommended swapping the hierarchy of what were previously Priorities 3
and 4 for CDBG, and adding a priority around diversity, equity, and inclusion for GIA. All
changes are as displayed in the table below. Note that the HRC’s recommended funding
priorities for CDBG are ranked whereas the recommendation for GIA include one main area of
importance with other remaining, non-ranked objectives:
Community Development Block Grant (ranked)
Previous Priorities HRC Recommended Changes
1.Provide emergency and transitional shelter,
homelessness prevention and services.
2. Develop and enhance affordable housing
for low and very-low income persons.
3. Promote accessibility and/or removal of
architectural barriers for the disabled and
elderly.
4.Enhance economic development (to include
seismic retrofit, economic stability, low-
and moderate-income jobs).
1. Provide emergency and transitional shelter,
homelessness prevention and services.
2. Develop and enhance affordable housing for
low and very-low income persons.
3. Enhance economic development (to include
seismic retrofit, economic stability, low-
and moderate-income jobs).
4. Promote accessibility and/or removal of
architectural barriers for the disabled and
elderly.
Packet Page 28
Item 5
Grants-in-Aid (not-ranked)
Previous Priorities HRC Recommended Changes
Main Priority:Homeless prevention, including
affordable and alternative housing, supportive
services and transitional housing
Other Priorities:
x Hunger and malnutrition prevention
x Supportive physical and mental health
services for those in need
x Services for seniors and/or people with
disabilities in need
x Supportive and developmental services for
children and youth in need
Main Priority:Homeless prevention, including
affordable and alternative housing, supportive
services and transitional housing
Other Priorities:
x Hunger and malnutrition prevention
x Supportive physical and mental health
services for those in need
x Services for seniors and/or people with
disabilities in need
x Supportive and developmental services for
children and youth in need
x Services encouraging diversity, equity, and
inclusivity in marginalized communities
Expanded 2021-22 GIA Application Criteria
Additionally, during the Community Needs Workshop, the HRC received several concerns from
non-profit service providers regarding the acceptable list of eligible expenses for the upcoming
GIA program year. Due to the current COVID-19 pandemic and related-economic constrains,
service providers communicated financial deficits from funding sources that previously
supported general staffing costs, and urged the HRC to expand the use of GIA grant dollars to
provide funding for general operational expenses. In turn, the HRC incorporated this feedback
into the Funding Criteria during their review of the 2021-22 GIA Application, in order to sustain
existing long-term services within the community.
Next Steps
The next step in the CDBG and GIA program cycles is for the Council to consider the HRC’s
recommendations and to affirm or revise the City’s funding priori ties. This step is important
because these priorities will guide the HRC’s actions during grant application review. These
priorities will also guide Council’s final funding decisions, when they consider CDBG funding
recommendations in March 2021 and GIA funding recommendations in July 2021.
Policy Context
Task 15 in the Ongoing Housing Production Programs section in the 2019-21 Housing Major
City Goal states that CDBG and GIA grant funding should be prioritized for housing production
available for lower income households. The City’s Housing Element also indicates several
programs throughout the document to help facilitate affordable housing through various grant
programs.
Packet Page 29
Item 5
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. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: No
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
State
Federal N/A
Fees
Other:
Total
Decisions made regarding priorities will affect how CDBG and GIA applications are evaluated
and chosen for support. The City receives CDBG funds through the County allotment and, while
this does not directly impact the General Fund, to the extent that projects can be funded through
CDBG, they are not otherwise requiring money from the City’s General Fund.CDBG grant
funds are only a fraction of the historic allocation as the Federal Government has significantly
reduced funding over the last 15 years.
The City has historically designated a portion of General Fund monies for the GIA program and
the priorities expressed by the Council will influence how those grants will be awarded. Because
of the timing with 2021-23 Financial Plan, no funding has yet been allocated to the GIA
program. The City allocated $150,000 annually to the GIA program within the 2019-21
Financial Plan. Establishing priorities has no immediate fiscal impact but is helpful in allocating
the CDBG and GIA funding regardless of the amount.
ALTERNATIVES
1.The Council may modify the proposed funding priorities.
2.The Council may continue consideration of the funding priorities.Direction should be
given to staff regarding additional information needed to make a decision on priorities. This
alternative is not recommended because the timelines for Advisory Body review and
application submittal are fairly structured and the addition of time could delay funding
approval for projects.
Attachments:
a - HRC Meeting Draft Minutes of 10/04/2020
Packet Page 30
Item 5
Draft Minutes
Human Relations Commission
Wednesday, October 7, 2020
Regular Meeting of the Human Relations Commission
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on
Wednesday, October 7, 2020at 5:00 a.m. viateleconference, San Luis Obispo, California, by Chair
Campbell.
ROLL CALL
Present: Commissioners Renoda Campbell, Angie Kasprzak, Abe Lincoln, Emily
Rosten, Megan Souza
Absent: Commissioner Jeannette Richardson
Staff & Guests: Cara Vereschagin, Housing Coordinator; Dale Magee, Catalyst Consulting
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
None
--End of Public Comment--
APPROVAL OF MINUTES
1. Consideration of Minutes of the Human Relations Commission Regular Meeting of
September 2, 2020.
ACTION:MOTION BY COMMISSIONER ROSTEN, SECOND BY COMMISSIONER
SOUZA, 5-0-1 (Commissioner Richardson absent) to approve the minutes of the Regular
Meeting of the Human Relations Commission of September 2, 2020.
PUBLIC HEARINGS
2. 2020 Community Needs Workshop
Housing Coordinator Vereschagin presented an overview of the Community Development
Block Grant and Grants-in-Aid processes and timelines, which highlighted key dates for the
applicants. She also explained that the Workshop is intended to gather information from the
public, regarding health and human service needs in order to develop funding priorities for the
2021-22 grant cycle.
Packet Page 31
Item 5
City of San Luis Obispo, Title, Subti tle
Minutes
Human Relations Commission Meeting of October 7, 2020
Page 2
Chair Campbell opened the public hearing.
Public Comments
x Cassandra Wagner –had concerns about allowable expenses for GIA; requested the
HRC allow general operating support, rather than programmatic expenses
x Jenny Luciano (Big Brothers Big Sisters)–requested funding priorities to be broad to
align with new funding coming out of the COVID-19 emergency relief; requested the
HRC to keep the youth services priority
x Sandra Gresham (Stand Strong) –thanked the HRC for continual support;
communicated almost half of their clients have been children
x Monique Tiller (RISE SLO County) –concerned about staffing costs; requested the
HRC allow general operating support, rather than programmatic expenses
x Teresa Tardiff (CASA) –thanked the City for many years of support;
--End of Public Comment—
Chair Campbell closed the public hearing.
No action was taken.
3. 2021-22 Funding Priorities
Housing Coordinator Vereschagin presented the previously adopted funding priorities for the CDBG
and GIA programs.
Chair Campbell opened the public hearing.
Public Comments
None.
--End of Public Comment—
After hearing the public testimony, the Commission agreed that they should expand the GIA
program to support general staffing and operational expenses, in response to the COVID-19
pandemic. Housing Coordinator Vereschagin communicated that the expansion would be
better folded into the “criteria” section of the application. Commissioners also communicated
their desire to create a priority around diversity, equity, and inclusion. Overall, the public
testimony also solidified that their work has been heading in a positive direction.
ACTION: MOTION BY COMMISSIONER KASPRZAK, SECOND BY VICE CHAIR
LINCOLN, 5-0-1 (Commissioner Richardson absent) to uphold the funding priorities
identified for the Grants-in-Aid program for the previous, 2020-21 year, with the addition of
adding a priority to include “services encouraging diversity, equity, and inclusivity in
marginalized communities” as written below:
Packet Page 32
Item 5
City of San Luis Obispo, Title, Subti tle
Minutes
Human Relations Commission Meeting of October 7, 2020
Page 3
Grants in Aid (GIA) 2021-22 Funding Priorities
Main Priority:
· Homeless prevention including affordable and alternative housing, supportive services,
and transitional housing
Other Priorities:
· Hunger and malnutrition support
· Supportive physical and mental health services for those in need
· Services for seniors and/ or people with disabilities in need
· Supportive and developmental services for children and youth in need
· Services encouraging diversity, equity, and inclusivity in marginalized communities
ACTION: MOTION BY COMMISSIONER SOUZA, SECOND BY COMMISSIONER
ROSTEN, 5-0-1 (Commissioner Richardson absent) to uphold the funding priorities identified
for the Community Development Block Grant program for the previous, 2020-21 year, with
the only edit to switch the ranked order previously identified Priorities #3 and #4, as listed
below:
Community Development Block Grant (CDBG) 2021-22 Funding Priorities
1. Provide emergency and transitional shelter, homelessness prevention and services.
2. Develop and enhance affordable housing for low and very-low income persons.
3. Enhance economic development (including seismic retrofit, economic stability, low and
moderate-income jobs)
4. Promote accessibility and/or removal of architectural barriers for the disabled and elderly.
BUSINESS ITEMS
4. Potential Strategic Thinking Session(s) for Future Diversity, Equity, & Inclusion (DEI)
Grant Program Implementation
Chair Campbell opened up the discussion of holding a strategic planning/thinking session with the
HRC regarding the future implementation of City diversity, equity, and inclusion initiatives. Dale
Magee, the City’s DEI Task Force facilitator, also spoke about the public’s expectation of ongoing
accountability for DEI coming down the pipeline. Ms. Magee also presented apreliminary scope for
the planning sessions.
Public Comments
None
--End of Public Comment—
ACTION: MOTION BY VICE CHAIR LINCOLN, SECOND BY CHAIR ROSTEN, 5-0-1
(Commissioner Richardson absent) to hold strategic thinking/planning session(s) regarding
the future implementation of City diversity, equity, and inclusion initiatives.
Packet Page 33
Item 5
City of San Luis Obispo, Title, Subti tle
Minutes
Human Relations Commission Meeting of October 7, 2020
Page 4
STAFF & COMMISSION COMMUNICATIONS
5. Staff Updates
Housing Coordinator Vereschagin notified the Commission about an at-risk affordablehousing
unit HASLO is working to preserve with 2019 CDBG funds.
6. Commissioner Updates
None.
ADJOURNMENT
Chair Campbell adjourned the meeting at 6:26 p.m. The next Regular Meeting of the Human
Relations Commission is scheduled for Wednesday, November 4, 2020 at 5:00 p.m., via
teleconference.
APPROVED BY THE HUMAN RELATIONS COMMISSION: XX/XX/2020
Packet Page 34
Item 5
Department Name: Public Works
Cost Center:5201
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM:Matt Horn, Director of Public Works
Prepared By:Gamaliel Anguiano, Transit Manager
SUBJECT:SLO TRANSIT PUBLIC TRANSPORTATION AGENCY SAFETY PLAN
RECOMMENDATION
Adopt a Resolution (Attachment A) approving the City of San Luis Obispo Transit (SLO
Transit) Public Transportation Agency Safety Plan (PTASP) developed by Caltrans in
compliance with Federal Transit Administration (FTA) requirements (49 CFR Part 673).
DISCUSSION
The Federal Transit Administration (FTA) published the Public Transportation Agency Safety
Plan (PTASP) Final Rule on July 19, 2018 and the PTASP rule became effective on July 19,
2019. The PTASP rule requires operators of public transportation systems that receive federal
funds under FTA’s Urbanized Area Formula Grants (49 U.S.C. § 5307)to develop safety plans
that include the processes and procedures to implement Safety Management Systems (SMS), as
well as a strategic approach to carry out the Transit Asset Management (TAM) Program.
In coordination with Caltrans, SLO Transit developed the contents of the PTASP (Attachment A)
to meet requirements specified in 49 CFR Part 673. The plan’s acceptance by Caltrans and FTA
requires some very specific language and requirements. Therefore, in advance of Council action,
staff has solicited and secured Caltrans’review and approval of the attached Plan (Attachment B)
to ensure all specified requirements for the plan are being met. The plan being presented, meets
both Caltrans and FTA requirements.
The PTASP is based on the four (4) principles or pillars of SMS:
1. Safety Management Policy
2. Safety Risk Management
3. Safety Assurance
4. Safety Promotion
Packet Page 35
Item 6
This plan includes Safety Performance Targets, which are specific numerical targets based on
the Safety Performance Measures established by FTA in the National Public Transportation
Safety Plan including:
1. Fatalities
2. Injuries
3. Safety Events
4. System Reliability
FTA published a Notice of Enforcement Discretion on April 22, 2020 effectively extending the
PTASP compliance deadline from July 20, 2020 to December 31, 2020. Transit operators must
certify they have a safety plan in place meeting the requirements of the PTASP rule by
December 31, 2020. The plan must be updated, board approved, and certified by the transit
agency annually. Next update is scheduled for July 2021.
COVID Impacts
Note that the FTA requirement for the development of PTASP predates the known existence of
COVID. The PTASP plan is very specific in its requirements and criteria and thus solely focused
on safety improvements tied to typical transit operations. Thus, the included PTASP is very
specific to addressing those requirements without diverging from them. The Transit division,
however, has developed its own internal pandemic related safety plan, based on CDC guidance
and industry best practice, for the benefit of transit staff and our transit operations contractor,
First Transit. The inclusion of the pandemic safety plan as Attachment C does not require any
City action and is only included as reference only.
Policy Context
Per FTA, this plan and subsequent annual plans will need to be adopted by City Council
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public comment
can be provided to the City Council through written correspondence prior to the meeting and
through public testimony at the meeting.
CONCURRENCE
The plan has been submitted to Caltrans in advance of this meetings to solicit comments and
feedback. Caltrans has provided general acceptance of the attached plan as sufficient to meet
FTA requirements.
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. 15378.
Packet Page 36
Item 6
FISCAL IMPACT
Budgeted: N/A Budget Year: FY 2020-21
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
Transit Fund N/A
State –LCTOP*
State –SGR**
Federal - 5307
Other:
Total
There are no fiscal impacts to the City by establishing and certifying a PTASP. However, if the
City chooses not to establish and certify a PTASP future Urbanized Area Formula Funding
(5307) provided by the FTA may be jeopardized resulting in adverse fiscal impacts to the Transit
Enterprise Fund. The City typically receives approximately $1.3 Million of 5307 funds annually.
ALTERNATIVES
1.Deny submittal of the PTASP established and certified by Caltrans in compliance with
FTA requirements.However, there are potential adverse fiscal impacts to the Transit
Enterprise Fund.
2.Direct Staff to revise and resubmit the PTASP.
Attachments:
a - Draft Resolution
b - Draft Public Transportation Agency Safety Plan
c - SLO Transit COVID-19 Emergency Response and Enhanced Cleaning Protocol
Packet Page 37
Item 6
R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE CITY OF SAN LUIS OBISPO
TRANSIT (SLO TRANSIT) PUBLIC TRANSPORTATION AGENCY
SAFETY PLAN (PTASP)
WHEREAS,Federal Transit Administration (FTA) published the Public Transportation
Agency Safety Plan (PTASP) Final Rule on July 19, 2018 and the rule became effective on July
19, 2019; and
WHEREAS,SLO Transit is required to meet the PTASP rule as a public transportation
system that receives federal funds under FTA’s Urbanized Area Formula Grants (49 U.S.C. §
5307); and
WHEREAS,Caltrans developed the contents of the SLO Transit PTASP to meet the FTA
requirement that a State must draft and certify a safety plan on behalf of any small transportation
provider that is located in that State as specified in Part 673.11(d); and
WHEREAS,the PTASP and subsequent updates must be approved by SLO Transit’s City
Council as specified in Part 673.11(a)(1); and
WHEREAS,FTA published a Notice of Enforcement Discretion on April 22, 2020
effectively extending the PTASP compliance deadline from July 20, 2020 to December 31, 2020.
Packet Page 38
Item 6
Resolution No. _____ (2020 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the City of San Luis Obispo Transit (SLO Transit) Public Transportation Agency Safety Plan
(PTASP) is hereby approved.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
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, on ______________________.
____________________________________
Teresa Purrington
City Clerk
Packet Page 39
Item 6
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Item 6
COVID-19 – Emergency Response and Enhanced Cleaning Protocol for
SLO Transit
The City of San Luis Obispo continues to provide fixed-route public transit (SLO Transit) to meet travel
needs within our community. Many individuals depend on public transit for access to vital services
including employment, medical care, and community services. SLO Transit has been taking preventative
steps to provide healthy and safe public transit for all.
In response to the California declared State of Emergency, the City began implementing emergency
response plans as well as extra precautions as guided by the County of San Luis Obispo Public Health
Department to reduce the spread of COVID-19. These precautions include a more stringent and
regimented cleaning schedule and enhanced cleaning methods to keep buses disinfected and sanitized.
Enhanced cleaning efforts include disinfecting vehicles every 24 hours and cleaning frequently touched
surfaces during daily service.
Additionally, the City implemented modified bus service, limite d passenger capacity, and reduced seating
to help promote physical distancing on board. Service levels have been monitored and adjusted to meet
service demand and promote passenger distancing.
To help protect the health of fellow passengers and drivers, SLO Transit passengers are encouraged to use
public transit for essential travel, wash hands regularly, and remain home or pursue alternatives to public
transit if sick. In accordance with the California State mandat e, passengers are required to wear face
coverings when waiting for or riding on the bus.
SLO Transit will continue to implement these measures to maintain health and wellness within our
community. SLO Transit is here for you now with essential trave l and we are here for you as our
community is supporting one another on the road to recovery.
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Precautionary Measures
Face Coverings
x Provided to operations team for employee PPE. Face coverings include N95 protective masks,
single use face masks (3ply), and SLO Transit promotional masks.
x Drivers wear face coverings while in service on buses as well as at the bus yard and public
facilities.
x June 2020 – Per the State mandate, passengers are required to w ear a face covering when waiting
for or riding on public transportation. Face coverings help minimize the spread of COVID-19.
Nitrile Gloves
x Provided to operations team for employee PPE. Drivers wear nitrile gloves while in service.
x Nitrile is a chemical resistant and puncture resistant material for protection against most
chemicals and infectious agents.
Infrared Thermometers
x Provided to operations team for employee health screening.
x Infrared thermometers allow temperature to be measured from a distance if needed.
First Aid Medical Kits
x Provided to operations team to address health and safety concerns as well as small incidents
that can be managed outside of further overwhelming the medical system.
x Nitrile gloves, alcohol wipes, skin cleansing wipes, and fever strips included.
Driver Barriers
x July 2020 – Protective plexiglass driver barriers installed on every vehicle to physically separate
drivers from passengers.
x Barriers provide added protection against airborne virus transmission.
Hand Sanitizer
x Sept 2014 – Two touch-free hand sanitizer dispensers installed on every vehicle, one toward
front entrance and one toward the back exit. Dispensers initially installed near front door
entrance in anticipation of the winter cold/flu season.
x Sept 2019 – Program expanded to include dispensers near the rear door exit on every vehicle.
x March 2020 – Three dispensers installed in various areas of bus yard facility.
x Sanitizer solution is alcohol-based and contains 70% ethyl alcohol. Per the CDC, using a hand
sanitizer with at least 60% alcohol can help you avoid getting sick and spreading germs to others
by quickly reducing the number of microbes on your hands.
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Limited Capacity
x March 2020 – Passenger capacity reduced to 15 passengers to pro mote distancing and prevent
overcrowding on buses. Standby drivers and chase vehicles available when capacity is reached.
x April 2020 – Limited seating notices posted on seats in buses. Notices reduce seating by
approximately 50 percent and serve as guidance for passengers to maintain distance
(approximately two seats) from other passengers.
x August 2020 – Summer service levels (“A” and “B” routes) implem ented. Passengers encouraged
to ride “A” and “B” routes to reduce passenger capacity on individual buses.
“Maintain Six Feet” Floor Decals for Distancing
x June 2020 – “Maintain Six Feet” concrete floor decals applied at Transit Center and high
ridership bus stops. Vinyl floor decals also applied on every fixed-route vehicle and at bus yard
facility. Decals are reminders for passengers to maintain distance from other passengers.
Digital Bus Passes
x Digital bus passes available on the Token Transit mobile app. D igital bus passes help minimize
cash handling and reduce passenger interaction. These passes allow passengers to manage bus
passes easily from their mobile device.
x July 2020 – Social media and physical ads released to encourage passengers to use digital bus
passes.
Public Engagement
x March 2020 – CDC notices and public health guidance shared through social media, the website,
and on buses
x Late March 2020 – SLO Transit began a campaign of awareness through social media, the website,
and the on-board infotainment system. Graphics displaying healthy guidelines such as using
transit for essential travel only, washing hands, remaining home if sick, and encouraging face
coverings and physical distancing were designed and posted. Riders were encouraged to follow
guidelines while waiting for or riding on public transportation.
x April 2020 – SLO Transit released posts highlighting the essent ial work of drivers and employees
and reminding the community we are working together to maintain wellness on the bus.
x June 2020 – SLO Transit created the “We Are Here for You” campaign reassuring the community
that SLO Transit is taking extra precautions to maintain wellne ss on the bus. This campaign is
aimed to capture the eye of our audience and reassure them that the wellness of riders and our
community is our top priority. Photo and copy released in the June/July, Aug/Sept, and Oct/Nov
edition of SLO LIFE magazine.
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x Sept 2020 – SLO Transit developed “We Are Here for You” video spot for television and social
media distribution. Video spot highlighted the cleaning procedures and steps SLO Transit is taking
during this unprecedented time.
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Enhanced Cleaning Products and Equipment
UVC Surface Sterilizers (Qty 12) (Secured March 2020)
x UVC sterilization for bus interior cleaning protocol to be used at bus yard facility.
x Light wave: UV-C 253.7nm wavelength
x UV intensity: 169 μW/cm²
x More info here
HEPA Air Purifiers (Qty 4) (Secured March 2020)
x Air purification to enhance buses and bus yard facility
x Medical Grade True HEPA filter (MERV17) tested to remove 99.99% of airborne particulates at
0.3 microns, 98.79% at 0.1 microns and 97.34% at 0.03 microns (30 nanometers).
x More info here
Cintas Signet Neutral Disinfectant (DS1)
x Provided to drivers for cleaning and disinfecting interior surfaces
x Meets the Environmental Protection Agency (EPA) criteria for use against SARS-CoV-2, the cause
of COVID-19.
x DS1 is a one-step disinfectant that is effective against a broad-spectrum of bacteria, is virucidal,
and inhibits the growth of mold and mildew and their smells whe n used as directed.
x Meets the OSHA Bloodborne Pathogen standard for decontamination of blood and bodily fluids
and is bactericidal, virucidal, and fungicidal.
x More info here
Peroxigard Disinfectant Wipes
x Provided to drivers for cleaning and disinfecting interior surfaces
x Designed to meet each of the three levels defined in the EPA’s Emerging Viral Pathogen
Guidance.
x In cases of emerging viral pathogens like SARS-CoV-2, the virus that causes COVID-19, when
there is no test that can be conducted to validate the efficacy of a disinfectant, the EPA utilizes
Emerging Viral Pathogen Guidance to determine the expected efficacy of a disinfectant against
an emerging virus. This guidance, used previously during the 2003 SARS epidemic, mandates
that for disinfectant products to be approved, they must be an EPA registered Hospital or Broad-
Spectrum disinfectant and have proven efficacy against two small, non-enveloped viruses, such
as Poliovirus and Parvovirus.
x More info here
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Sani-Kleen Disinfectant Cleaner
x Virucide, bactericide, disinfectant, germicidal cleaner, non-rinse sanitizer (D1)
x More info here
SaniDate All Purpose Disinfectant Cleaner
x EPA-registered, antibacterial disinfectant, cleaner and deodorizer
x More info here
Ongoing Cleaning Products
x Cintas Signet Neutral Disinfectant (DS1)
x Road Away All Vehicle Wash Concentrate
x Zep Concentrated Industrial Lemon Grass Deodorant
x Lemon Clean Disinfectant Virucidal Cleaner
x Clorox Bleach
x Simple Green Industrial Cleaner and Degreaser
x Misty Disinfectant Foam Cleaner
x PineSol Disinfectant Cleaner
x Magic Upholstery Cleaner and Protectant
x Windex Window Cleaner
Ongoing Cleaning Procedures
Inside of buses cleaned and sanitized daily, process takes about 30 – 45 minutes per bus:
x Sweep and mop the interior. Mop water changed for each bus.
x Wipe down the seats with disinfectant
x Wipe down all handrails with disinfectant.
x Wipe down all surfaces with disinfectant.
x Wipe down driver area, steering wheel, dash, and controls with disinfectant.
x Clean windows and door with window cleaner.
x Two UV lights placed in vehicle for 20 minutes
x Peroxigard wipes and neutral disinfectant spray provided in each bus for drivers to wipe down
interior surfaces.
x Weekend detailer repeats and uses the vacuum on cloth seats and any dirt left behind from
sweeping.
Bus yard facility cleaned and sanitized every evening.
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Response Timeline
January 2020
x January 20 – First confirmed COVID-19 case in the United States
x January 26 – First confirmed COVID-19 case in California
February 2020
x Early February – City and First Transit begin meeting weekly to review emergency response
plans and procedures
x February 27 – SLO Transit established and implemented new COVID-19 policies and procedures
to help reduce the spread.
March 2020
x March 3 – SLO Transit orders personal protective equipment (PPE) and enhanced cleaning
equipment for disinfection and sanitization. Includes N95 Protective Masks, Nitrile Gloves, First
Aid Medical Kits, UVC Surface Sterilizers, HEPA Air Purifiers, and Infrared Thermometers.
x March 4 – City verifies First Transit cleaning, disinfection, and sanitization solutions meets WHO
and CDC guidance for COVID-19.
x March 4 – Governor Newsom declares California State of Emergency
x March 5 – SLO Transit enacts enhanced cleaning and disinfection requirements
x March 11 – HEPA MERV-17 medical grade air purifiers delivered to bus yard facility
x March 13 – N95 Protective Masks delivered to bus yard facility and available to employees. Face
coverings optional provision for drivers and not yet a mandate.
x March 13 – First Aid Medical Kits arrived and intended to addre ss small incidents that can be
managed outside of further overwhelming the medical system
x March 14 – First confirmed COVID-19 case in SLO County
x March 17 – Press Release – City Takes Action to Implement Emergency Response Measures for
SLO Transit
x March 17 – SLO Transit encourages passengers to take essential trips only to promote social
distancing, use onboard hand sanitizer when entering the bus, purchasing physical and digital
bus passes to limit cash handling, and stay home if sick.
x March 19 – SLO Transit implements weekend service levels (“A” routes only) 8am - 8pm and
authorizes six standby drivers for emergency response.
x March 23 – SLO Transit now fare-free to alleviate drivers from handling cash and bus passes.
Passengers encouraged to enter and exit from the rear door, as they are able, to limit close
contact with drivers.
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Item 6
x Late March – SLO Transit limits bus capacity to 15 passengers to promote distancing on board
and prevent overcrowding. Standby drivers and chase vehicles available when capacity is
reached.
x Late March – SLO Transit shares CDC notices and public health guidance through social media,
the website, and on buses.
x Late March – SLO Transit begins public engagement campaign encouraging health and wellness
on the bus.
April 2020
x Early April – Limited seating notices posted on buses.
x Mid-April – SLO Transit releases public engagement content highlighting essential work of
drivers and employees.
x Mid-April – SLO Transit posts notices on buses stating “SLO Transit strongly encourages face
coverings while on the bus.”
x April 14 – UVC Surface Sterilizers delivered to bus yard facility and implemented in evening
cleaning protocol. Two units provided to San Luis Obispo Regional Transit Authority (RTA).
May 2020
x May 27 – SLO Transit orders “Maintain Six Feet” floor decals to encourage passenger distancing
on buses and at high ridership bus stops.
June 2020
x Early June – SLO Transit releases the “We Are Here for You” public engagement campaign
reassuring the community that SLO Transit is taking extra precautions to maintain wellness on the
bus.
x June 11 – SLO Transit orders protective plexiglass driver barriers.
x June 11 – “Maintain Six Feet” concrete floor decals applied at Transit Center and high ridership
bus stops.
x June 12 – “Maintain Six Feet” vinyl floor decals applied on buses.
x June 18 – Governor Newsom issues State mandate requiring the use of face coverings in high-
risk settings. This includes waiting for or riding on public transportation. Per State issued
guidance, SLO Transit now requires all riders to wear face cove rings while on the bus and
waiting at stops, unless a medical condition prevents them from doing so.
x Mid-June – SLO Transit posts new face covering notices in buses stating “The State of California
now requires the use of face coverings in high-risk settings. This includes when waiting for or
riding on public transportation. Certain people are exempt from wearing a face covering under
specific circumstances.”
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Item 6
July 2020
x July 1 – SLO Transit reinstates full-fare. Digital bus passes are encouraged to limit cash handling.
x July 22 – SLO Transit begins installing plexiglass driver barriers.
August 2020
x August 3 – SLO Transit implements summer service levels (“A” an d “B” routes) 6am - 8pm.
Passengers encouraged to ride “A” and “B” routes to reduce passenger capacity on individual
buses.
September 2020
x Early Sept – SLO Transit secures promotional masks and distributes to drivers and passengers.
x Sept 12 – SLO Transit airs “We Are Here for You” commercial on TV and social media.
Further
x Daily/ongoing – City and Local First Management hold a call on transit related issues
x Daily/ongoing – Industry periodicals and best practices shared with First Transit
x Daily/ongoing – Communication shared between transit partners; SLOCOG, Cal Poly, and RTA
x Daily/ongoing – First Transit briefings and updates from Corporate Safety and our regional VP’s
x As needed – City staff holds phone conversations with First Transit Corporate
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Item 6
Department Name: Transit
Cost Center:5201
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Matt Horn, Public Works Director
Prepared By:Gamaliel Anguiano, Transit Manager
SUBJECT:AUTHORIZATION TO ENTER INTO A CONTRACT WITH PG&E TO
PARTICIPATE IN THE ELECTRIC VEHICLE FLEET PROGRAM
RECOMMENDATION
Authorize the City Manager to execute an agreement, once provided by PG&E, to participate in
the PG&E Electric Vehicle (EV) Fleet Program.
DISCUSSION
Senate Bill 350 directs the California Public Utilities Commission (CPUC) to address the single
largest emitting sector in the state's greenhouse gas (GHG) emissions inventory: transportation.
Specifically, the law declares that meeting the state's 2030 and 2050 GHG reduction goals will
require widespread transportation electrification. The law solidifies the role of utilities in
supporting transit electrification.
PG&E has demonstrated its commitment to accelerating widespread transit electrification and
supporting customer adoption of clean-fuel vehicles across all sectors and communities by
introducing its EV Fleet Program. The program supports on-road and off-road medium and
heavy-duty vehicles including support for public transit buses. By 2024, PG&E’s EV Fleet
Program goal is to help 700+ organizations convert to electric vehicles in their fleet operations.
The PG&E EV Fleet Program is funded through customer rates.
In compliance with CPUC requirements, participation in the PG&E EV Fleet Program requires a
purchase order for a minimum of two medium or heavy-duty electric vehicles. The EV Fleet
customers maintain the current business rate plans until their new Commercial EV Rate proposal
is approved by the CPUC.
To participate in PG&E’s EV Fleet Program, agencies must apply and be selected by PG&E.
The City has applied and been selected by PG&E to participate in the EV Fleet Program.
PG&E’s has already once before identified the City of San Luis Obispo’s bus yard electric fleet
infrastructure upgrade as a viable project, in early 2020. An invitation for the City to join the EV
Fleet Program and a draft agreement for participation in the Program was extended to the City,
included in Attachment A.
Packet Page 77
Item 7
However, due to the need of addressing possible fleet expansion and solar arrays at the bus yard,
the City has sent PG&E revised locations for EV chargers. The City has received notice from
PG&E that a revised contract based on these new locations will likely be made available in late
November.
The revised contract is anticipated to be similar to the one previously offered and attached with
the exception to site locations for the charger units. Staff is asking Council that based on the
general similarities between the previously offered and attached contract with the pending
contract, to authorize the City Manager to enter into the agreement if after evaluation it so
deemed advantageous for the City.
Previous Council or Advisory Body Action
On July 7, 2020, City Council approved the purchase of two electric transit buses, qualifying the
City to apply and participate in the PG&E EV Fleet Program.
Policy Context
Per City’s Financial Management Policy all contracts of this nature must receive Council
approval.
Participation in the PG&E EV Fleet Program is consistent with the Council’s adopted
sustainability goals of community carbon neutrality by 2035 and municipal operations carbon
neutrality by 2030. Additionally, participation in the program implements Climate Action Plan
Action Connected 4.1 (Develop a Transit Electronation Strategic Plan and Begin Implementing
in 2020).
Public Engagement
No public outreach was conducted in support of this agreement as this is considered an
administrative item. However, extensive outreach was conducted as part of the Climate Action
Plan process, which identified rapid implementation of an electric transit fleet as a foundational
action for achieving the community’s sustainability goals.
CONCURRENCE
The Office of Sustainability concurs with the recommendations of this 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 CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
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Item 7
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State 0
Federal 0
Fees 0
Other:0
Total 0 0 0
There is no cost to the City to participate in PG&E’s EV Fleet program. Participation in the
PG&E EV Fleet program provides 100% the towards the City upgraded infrastructure to support
the City’s future EV transit fleet.Any work that may incidentally lay outside of the project can
be covered by a $180,000 previously awarded Air Pollution Control District grant made to the
City to support electric vehicle infrastructure needs.
ALTERNATIVES
Deny participation in PG&E’s EV Fleet Program.The City Council could choose to deny
participation in PG&E EV Fleet program. Staff does not recommend this action as two EV
transit buses have been purchased and this action will provide the necessary charging
infrastructure to support the new buses.
Attachments:
a - PG&E invitation to join the EV Fleet Program and Contract No. FLEET000905190
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 1 of 15
Contract version revised 8.7.19
September 30, 2019
City of San Luis Obispo (SLO)
29 Prado Road
San Luis Obispo, CA 93401
RE: FLEET000905190
Dear Gamaliel Anguiano,
Congratulations! We are pleased to extend City of San Luis Obispo (SLO) an invitation to join PG&E’s EV
Fleet Electrification program. Upon your completion of the action items below, we will move your project into
the design phase and begin the engineering, design and construction plans for 29 Prado Road, San Luis
Obispo, CA 93401. Please note, future changes to the project scope may change your eligibility for the
program.
Included in this contract are the following items:
x Offer description
o Rebate and/or incentive description
o Preliminary design
x EV Fleet Program Terms and Conditions (“Contract”)
Immediate action items:
x Sign and return Contract
x Provide purchase order (as defined, below) for vehicles
By signing this Contract, I hereby confirm my participation in PG&E’s Fleet Electrification program and
acknowledge that:
x I agree to the minimum number of charging ports and charger location specified in the attached
preliminary design;
x Upon execution of this Contract, PG&E will begin incurring design fees and costs as my project moves
forward;
x If I withdraw from the program prior to the site being activated, then PG&E reserves the right to
recover all fees and costs incurred by it and its subcontractors after the execution of this Contract
including, but not limited to, design cost, site walk costs, etc.;
x PG&E will conduct a comprehensive design site walk;
x If the existing infrastructure or physical site or equipment is substantially different than anticipated or
described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to
both parties, but reserves the right to cancel my participation in the program;
x If I do not submit required documentation (signed easement; etc.) in a timely manner, then PG&E may
grant extensions by request but reserves the right to waitlist my application and/or cancel my
participation in the program; and
x My EV Charger meets the Safety Checklist requirements and has networking protocols. I agree to
ensure that EVSE network connectivity is in good condition for least five years from the date of
activation.
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 2 of 15
Contract version revised 8.7.19
Offer Description
After careful consideration of the project costs and scope of work, PG&E has determined you are eligible for
the Make-Ready Incentive option. PG&E will design, construct, own and maintain EV supply infrastructure to
the meter only. City of San Luis Obispo (SLO) will design, build, own, operate, and maintain the behind the
meter make-ready infrastructure, hereafter referred to as customer-owned make-ready infrastructure. PG&E
provides an incentive that is equal to the lesser amount of either 80% of the customer-owned make-ready
infrastructure costs or the incentive cap, as described below, on a per vehicle basis.
Along with the make-ready incentive option, you are eligible for a rebate of up to $180,000. Below is a
summary of the qualified allowance under the make-ready incentive:
EV Supply Infrastructure Incentive
Applies to Site Hosts who pay for, own, and maintain EV Supply Infrastructure.
Vehicle type Incentive # of vehicles
Transit bus or Class 8
vehicle
$9k per vehicle 20 Transit Buses (Public Use)
Vehicle type (Total) Incentive (Total)
Total Lesser amount of either 80% of the customer-owned
make-ready infrastructure costs or the incentive cap,
as described above, on a per vehicle basis
20 Transit Buses (Public Use) x
$9,000 per vehicle = $180,000
Please note, in all instances, you will be responsible for procuring and installing all charging stations. PG&E
will not own and maintain any facilities installed by the customer and those facilities will be the responsibility of
the customer.
OR
PG&E Ownership option. PG&E will design, construct, own and maintain EV infrastructure including all work
to the base of the chargers.
EV Charger Rebate
You also qualify for a rebate of up to $264,000 capped at 50% of the purchase cost, for qualified EV Supply
Equipment (EVSE or “EV Charger”) for your fleet.
EVSE rebate
Applies to transit buses, school buses, or Premises in a Disadvantaged Community.
Power output Rebate # of EVSE
Up to 50 kW 50% of the cost of EVSE, up to $15,000 per
EVSE
12 Chargers
150 kW and above 50% of the cost of EVSE, up to $42,000 per
EVSE
2 Chargers
Power output (Total) Rebate (Total) Max Allowance (Total)
Up to 50kW 50% of cost, up to allowance 12 Chargers x $15,000 = $180,000
150 kW and above 50% of cost, up to allowance 2 Chargers x $42,000 = $84,000
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Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
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*As a reminder, to participate in the EV Fleet program, your EV Charger at a minimum must meet our
Safety Checklist requirements. In addition, to qualify for the above rebate, the EV Charger must at least
meet the following network communications requirements:
x Electric Vehicle Supply Equipment (EVSE) SHALL have metering capability through an internal device
and SHALL be able to measure power and usage parameters to enable reporting of the metrics in the
Contractor Requirement section.
x After loss of power, provided the EVSE connector to vehicle has not been removed, the EVSE SHALL
return to its post-configuration state (i.e., SHALL persist communication and registration
configurations. This does not include continuing user sessions when authorization is required to start
a session).
x EVSE SHALL provide a reset option, which returns the device to its pre-charge state (e.g., card or
message- not user accessible).
Preliminary Design
Next Step:
Please note that you will need to provide a purchase order (PO) for a minimum of 2 vehicles for the Contract to
be counter-signed by PG&E. A PO is any documentation of clear intent to procure and deploy vehicles, e.g.
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Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
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budget approval, grant agreement, request for proposal results, governance-body mandated procurement and
deployment etc., in lieu of an actual purchase order provided by a seller.
We respectfully request that you return your signed contract as soon as possible. After we receive your signed
contract, I will introduce you to your Project Manager, who will lead you through the design and construction
process for your site.
Thank you for your participation in this exciting program! You’re taking an important step to support California’s
ambitious climate and air quality goals, and we appreciate that you’ve elected to work with PG&E to electrify
your fleet.
Please contact me if you have any questions.
Regards,
Dean
Dean Kunesh | Electric Vehicle Onboarding
Pacific Gas and Electric Company
415.238.9934 cell | Dean.Kunesh@pge.com
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 5 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
EV Fleet Program Terms and Conditions (“Contract”)
Definitions
As used in this Contract, the following terms have the following meanings:
Disadvantaged Community: Census tracts in PG&E’s service territory with a top quartile score according to California
Environmental Protection Agency’s CalEnviroScreen 3.0, or current version.
EV Service Connection: Traditional utility infrastructure from the utility distribution system to the meter, which may include
but is not limited to cable, conductors, conduit, transformers and associated substructures from the utility distribution
system. Also referred to as “To The Meter” (TTM) infrastructure.
EV Supply Infrastructure: Infrastructure from the meter (“but not including the meter”) to the parking space, this may
include an electrical panel, cable and conduit necessary to deliver power to the parking space. Also referred to as
“Behind The Meter” (BTM) infrastructure.
Electric Vehicle Supply Equipment (EVSE): Equipment used for charging EVs. The conductors, including the
ungrounded, grounded, and equipment grounding conductors, the electric vehicle chargers, connectors, attachment
plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering
energy from the Premises wiring to the electric vehicle.
EVSE Package: EVSE hardware, software, and network services.
EV Service Provider (EVSP): A company that provides EV charging solutions to Site Host, including but not limited to
network services, billing, and customer support.
Operation and Maintenance (O&M): O&M includes, but is not limited to, network fees, resetting of breakers, replacement
of parts, and associated services necessary to keep the EVSE and/or EV Supply Infrastructure operational.
Premises: Premises includes all of the real property and apparatus employed in a single enterprise on an integral parcel
of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises, and public or quasi-public
institutions, by a dedicated street, highway or public thoroughfare or railway. Automobile parking lots constituting a part
of and adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. All
Premises must be reviewed by PG&E to determine where service could be provided and at what cost. PG&E may agree
to include some or all of the Premises in the EV Fleet Program. Multiple Premises may be listed in Exhibit A.
Rate Plan: The PG&E electric rate that Site Host pays for using EVSE. Detail on PG&E rates and eligibility criteria can
be found at www.pge.com/tariffs.
Site Host: The entity participating in the EV Fleet Program that owns, leases or manages the Premises where the EVSE
Packages are installed. The Site Host is also the customer of record for PG&E. Site Host will receive the bill for the
energy delivered to the EVSE Package.
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Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 6 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
Specific Terms
Acknowledgement and Term: All parties agree to abide by the terms and conditions of this Contract for participation
in the EV Fleet Program (part of California Public Utilities Commission, or “CPUC”, Decision Number 18-05-040 issued
May 31, 2018), including all requirements included by reference. The duration of this Contract (the “Term”) will
commence on the date Site Host’s EVSE Package becomes operational and will continue in effect for ten (10) years
thereafter (unless otherwise earlier terminated pursuant to the terms herein). PG&E will inform Site Host in writing when
the EVSE Package becomes operational.
Ownership: Site Host has two options for ownership of EV Supply Infrastructure. Ownership of other components is
listed below for reference. Sections in this Contract labeled “Site Host Owned EV Supply Infrastructure” or “PG&E Owned
EV Supply Infrastructure” will apply depending on the ownership option a Site Host selects. Site Host should indicate
their ownership option in Exhibit A. All other terms are common to both ownership options.
EV Service Connection: PG&E always constructs, owns, operates, and maintains the EV Service Connection.
EV Supply Infrastructure: Site Host has two options for EV Supply Infrastructure ownership;
1. PG&E owned: PG&E constructs, owns and maintains the EV Supply Infrastructure. PG&E covers costs in
accordance with CPUC requirements.
2. Site Host owned: Site Host is responsible for construction and maintenance of EV Supply Infrastructure, and
receives an incentive in accordance with CPUC requirements.
EV Supply Equipment (EVSE): Site Host always installs, owns, operates, and maintains the EVSE.
Selection of EVSE Package: Upon approval of application by PG&E, Site Host shall select and procure one EVSE
Package from the PG&E approved list of qualified vendors. PG&E will share qualified vendor list with Site Host. Site
Host shall install, operate and maintain the number and type of the EVSE Package, associated equipment and signage
as selected by Site Host and approved by PG&E. Site Host acknowledges that PG&E makes no representations
regarding manufacturers, dealers, contractors, materials or workmanship of the EVSE Package. Site Host agrees that
PG&E has no liability whatsoever concerning the quality and safety of such EVSE Package. At PG&E sole discretion,
Site Host may use an EVSE Package that is not on the approved list of qualified vendors. If EVSE Package is not on
the approved list of qualified vendors, EVSE Package must be compliant with minimum requirements. These minimum
requirements are attached to this Contract, as applicable. Site Host agrees to provide all information requested by PG&E
about non-approved EVSE Packages, including but not limited to technical and safety specifications.
EVSE Rebate: Site Host may qualify for a rebate of EVSE, in accordance with the CPUC requirements. Rebate amounts
will vary in accordance with the CPUC requirements. Rebates will be paid after (1) Site Host provides proof of purchase
of EVSE Package, (2) at PG&E discretion PG&E inspects the installation of the EVSE and the physical location, and (3)
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Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
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Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
the EVSE is operational.
Additional Services from EVSP: Separate and apart from the application and PG&E’s obligations under the EV Fleet
Program, the EVSP selected by Site Host may offer and contract directly with the Site Host to provide any additional or
complementary services, as long as these services do not interfere with the objectives of the EV Fleet Program as fully
described in the CPUC decision. The costs of additional EVSP services, and any cost related to O&M of any additional
EVSP services, will not be borne by PG&E, unless they are complementary services necessary to support the EV Fleet
Program objectives and are approved by PG&E in writing.
EV Drivers Right to Access: Site Host shall not restrict access to or use of the EVSE for reasons including, but not
limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited
by applicable law. However, Site Host may decide to make the EVSE available only to its employees or tenants; under
the terms of the EV Fleet Program, Site Host decides whether to make the EVSE available to other 3rd parties.
Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the
Americans with Disabilities Act (ADA) and California Building Standards. Site Host understands and accepts that such
standards may impact parking layouts and reduce the number of non-accessible parking spaces available. Site Host
understands and accepts that changes to initial design representations may occur during the design, construction and
operational phases of the EVSE as may be dictated by design constraints, by law or regulation or by local jurisdictional
authorities.
Easement Requirement: An easement may be required to maintain PG&E owned facilities. PG&E will use existing
easements when possible to minimize encumbrances on Site Host property. If a new easement is required, access rights
will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required
when Site Host application is evaluated, and will communicate that to Site Host. If Site Host does not wish to grant an
easement for one or more Premises, Site Host or PG&E may remove those Premises from the EV Fleet program. If Site
Host accepts easement requirement, Site Host agrees to grant PG&E an easement for the installation of EV Service
Connection and EV Supply Infrastructure. If the EV Service Connection must cross property owned by a third party to
serve Site Host, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or
easements, satisfactory to PG&E, are obtained without cost to PG&E. Site Host agrees to sign and return easement to
PG&E within 30 days of receipt. If the Site Host does not respond within 30 days, PG&E reserves the right to rescind
Site Host’s participation in the EV Fleet Program. Upon termination of the Contract, PG&E shall upon written demand
therefor execute and deliver to Site Host a good and sufficient quitclaim of said easement and right of way or such
portion thereof conveyed in this document, at Site Host expense.
EVSE O&M: The Site Host is required to maintain the EVSE for the Term. Site Host will pay all O&M costs associated
with the EVSE. Site Host shall maintain a consistent uptime at the direction of PG&E for EVSE installed. Site Host shall
maintain the common area improvements immediately surrounding the EVSE in good condition, ordinary wear and tear
excepted, and will promptly notify PG&E of any problems it is aware of related to the EVSE. Such maintenance by Site
Host of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and
snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when
necessary to ensure safety or to perform maintenance on PG&E owned infrastructure. PG&E will use reasonable efforts
to notify Site Host in advance of interruptions to service, planned maintenance, and physical access to Premises. Site
Host will immediately shut down chargers if there is a safety issue.
Billing: Site Host will be the PG&E customer of record and will be served according to the applicable Rate Plan. As the
customer of record, Site Host will be responsible for paying the PG&E bill.
Compensation: Under no conditions shall Site Host or EV Drivers receive compensation of any kind (including but not
limited to: cash, in-kind services, or otherwise) for any duties or requirements provided for in this Contract or for
participation in any way as part of the EV Fleet Program, including but not limited to: easements, use of data for lawful
purposes, loss of business activity during construction or maintenance activities, or any other inconvenience or loss,
without limitation, related to participation.
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Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
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Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
Changing Rate Plan: Site Host may change Rate Plan during the Term, but must remain on a retail PG&E rate for the
duration of the Term. If Site Host switches to a non-retail PG&E rate during the Term, Site Host shall bear the full cost
and sole expense, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-
rated costs of equipment, site design and installation.
Reliability: PG&E does not guarantee uninterrupted service. Site Host may pursue options to ensure that any impact to
Site Host operations from potential loss of power is sufficiently mitigated. Site Host is responsible for the cost of any
supplemental solutions to improve reliability.
Expansion of EVSE Installation: Site Host may add more charging ports to their installation in the future, in accordance
with the provisions of CPUC filed tariffs such as Electric Rule 16. Site Host must coordinate with PG&E prior to any
approved installation extension. Any installations or related work performed outside of EV Fleet program will be at Site
Host’s expense and its liability.
EVSE Replacement: Site Host may replace their EVSE during the Term. Site Host must notify PG&E ahead of
replacement to ensure infrastructure can accommodate the additional load and new EVSE complies with necessary
CPUC requirements for program. If adequate infrastructure does not exist, Site Host must request increased capacity in
accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Site Host’s
expense and its liability.
Vehicle Purchase Plans: PG&E will work with Site Host to understand its fleet electrification plans, and may install
infrastructure to support future vehicle purchases. In Exhibit A, Site Host will provide the number, type, and charging
levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. At PG&E
discretion, during the Term PG&E may request evidence that Site Host is operating these vehicles and associated
charging in accordance with its plan. If Site Host is not operating vehicles consistent with its plan, at PG&E discretion
Site Host may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs,
as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site
design and installation. Site Host may, at any time within the Term request from PG&E projected and final costs
associated with this. If Site Host wishes to change its plan, Site Host must provide a modified plan to PG&E. This
modified plan must be mutually agreed upon by PG&E and Site Host.
Project Scope: Site Host acknowledges that:
x Site Host agrees to the high-level project scope listed in Exhibit A;
x Upon execution of this Contract, PG&E will begin incurring design fees and costs as Site Host project moves
forward;
x If Site Host withdraws from the program, then PG&E reserves the right to recover all fees and costs incurred
by it and its subcontractors after the execution of this Contract including, but not limited to, design cost, site
walk costs, etc.;
x PG&E will conduct a site walk;
x If the existing infrastructure or physical site or equipment is substantially different than anticipated or
described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both
parties, but reserves the right to cancel Site Host participation in the program; and
x If Site Host does not submit required documentation (e.g., signed easement if needed) in a timely manner,
then PG&E may grant extensions by request but reserves the right to waitlist Site Host application and/or
cancel participation in the program.
External Funding Sources: Site Host understands that the total infrastructure and EVSE rebate and incentive amounts
the Site Host receives from all sources, which may include but is not limited to, utilities, state programs, manufacturer,
retailer or otherwise, cannot exceed Site Host’s total cost of purchasing the EVSE, installing the EVSE, and constructing
the EV Supply Infrastructure.
Site Host agrees to keep records of all infrastructure and EVSE incentives and rebates received for Site Host’s EV Fleet
project. Site Host understands that PG&E may request and review said records up to one year after project completion
date. If rebates and incentives received exceed incurred project cost, PG&E may inform all other funding sources, which
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 9 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
may include but is not limited to, utilities, state programs, manufacturer, retailer or other, of the violation, including the
name of the Site Host, a description of the project, and details regarding the excessive rebates and incentives.
Site Host Owned EV Supply Infrastructure Section
EV Supply Infrastructure Incentive: Site Host qualifies for an incentive towards the cost of EV Supply Infrastructure if
they choose to own and maintain the EV Supply Infrastructure. Incentive amounts will vary in accordance with the CPUC
requirements. Incentive will be paid after (1) Site Host provides proof of actual EV Supply Infrastructure construction
cost, (2) EV Supply Infrastructure construction is complete, (3) the EVSE is operational.
Installation of EV Service Connection: PG&E and/or its contractors shall design and construct the EV Service
Connection in compliance with the terms of this Contract, as well as all applicable local, state and federal laws and
regulatory requirements. Site Host is responsible for providing all disclosures, including but not limited to hazardous
materials, located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of
proposed facilities to Site Host prior to preparation of easement for Site Host review and approval; such approval will
not unreasonably be withheld. The easement will be executed and recorded in favor of PG&E so that PG&E may access
the EV Service Connection as needed. It will be the Site Host’s responsibility to provide a preliminary design of the EV
Supply Infrastructure and associated electrical loads, so that PG&E can provide the associated EV Service Connection
design. PG&E and Site Host will approve final design prior to construction beginning. Once design is approved, no
material changes will be made without approval from PG&E and Site Host. After the EVSE is operational, Site Host may
request a copy of “as built” designs, which will be provided by PG&E.
Installation of EV Supply Infrastructure: The Site Host and/or its contractors shall construct the EV Supply
Infrastructure and EVSE, in compliance with the terms of this Contract, as well as all applicable local, state and federal
laws and regulatory requirements; including PG&E requirements found at www.pge.com/greenbook. The Site Host is
responsible for (i) the costs to construct the EV Supply Infrastructure, (ii) the purchase of the EVSE Package, and (iii)
installation of the EVSE. After the EVSE is operational, Site Host receives incentive for EV Supply Infrastructure in
accordance with terms of this Contract.
EV Supply Infrastructure O&M: If Site Host owns the EV Supply Infrastructure, Site Host is responsible for O&M of the
EV Supply Infrastructure for the Term. Site Host will pay all O&M costs associated with the EV Supply Infrastructure.
Site Host shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good
condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the
EV Supply Infrastructure. Such maintenance by Site Host of the immediately surrounding common areas shall include,
but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not
guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will
use reasonable efforts to notify Site Host in advance of interruptions to service, planned maintenance, and physical
access to Premises.
Access to Site Host’s Premises: PG&E shall at all times have the right to enter and leave the Site Host’s Premises for
any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection,
testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of
any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Site Host does not grant PG&E
reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted.
PG&E will work closely with Site Host to ensure this access does not unreasonably interfere with Site Host’s property or
operations.
End of Term: At the end of the Term, the Site Host will have the following options;
1. Continue operating EVSE and EV Supply Infrastructure
o Site Host has continued responsibility for O&M of EVSE and EV Supply Infrastructure.
o If an easement was required for installation, easement remains in place.
o PG&E continues to own EV Service Connection and will treat this under the standard provisions of
CPUC filed tariffs such as Electric Rule 16.
2. Stop operating EVSE and EV Supply Infrastructure
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 10 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
o Remove the EVSE and/or EV Supply Infrastructure at Site Host’s cost and expense.
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the
easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection serves other
load or assets, for example building load or solar, PG&E continues to own EV Service Connection and
will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service
Connection serves only the EVSE installed under this Contract, PG&E will deenergize EV Service
Connection and abandon facilities in place.
PG&E Owned EV Supply Infrastructure Section
Installation of Equipment: PG&E and/or its contractors shall design and construct the EV Service Connection and EV
Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state and federal laws
and regulatory requirements. Site Host is responsible for providing all disclosures, including but not limited to hazardous
materials, located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of
proposed facilities to Site Host prior to preparation of easement for Site Host review and approval; such approval will
not unreasonably be withheld. The easement will be executed and recorded in favor of PG&E so that PG&E may access
the EV Service Connection and EV Supply Infrastructure as needed. After Site Host approval of the preliminary design,
PG&E will coordinate with the Site Host if there are any proposed material changes. A final design with no material
changes from the agreed upon design, will be provided by PG&E prior to any installation activities. PG&E and Site Host
will approve final design prior to construction beginning. Once design is approved, no material changes will be made
without approval from PG&E and Site Host. An estimated installation schedule shall be provided by PG&E after
execution of required easement and timely selection of EVSE Package. Should the installation schedule require
modification, PG&E shall notify Site Host within a reasonable amount of time of such changes. PG&E is responsible for
the costs to construct the EV Supply Infrastructure. The Site Host is responsible for (i) the purchase of the EVSE Package
and (ii) installation of the EVSE. Upon completion of installation of the EVSE, the Site Host understands and
acknowledges that it will be responsible for the O&M of the EVSE installed through the EV Fleet Program. After the
EVSE is operational, Site Host may request a copy of “as built” designs, which will be provided by PG&E.
EV Supply Infrastructure O&M: If PG&E owns the EV Supply Infrastructure, PG&E is responsible for O&M of the EV
Supply Infrastructure for the Term. PG&E will pay all O&M costs associated with the EV Supply Infrastructure. Site
Host shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good
condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the
EV Supply Infrastructure. Such maintenance by Site Host of the immediately surrounding common areas shall include,
but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not
guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will
use reasonable efforts to notify Site Host in advance of interruptions to service, planned maintenance, and physical
access to Premises.
Access to Site Host’s Premises: PG&E shall at all times have the right to enter and leave the Site Host’s Premises for
any purpose connected with the furnishing of electric service to the EV Supply Infrastructure and EV Service Connection
(meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency
work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Site
Host does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Supply Infrastructure
or EV Service Connection until access is granted. PG&E will work closely with Site Host to ensure this access does not
unreasonably interfere with Site Host’s property or operations.
End of Term: At the end of the Term, the Site Host will have the following options;
1. Continue operating EVSE
o Site Host has continued responsibility for O&M of EVSE.
o If an easement was required for installation, easement remains in place.
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 11 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
o PG&E continues to own EV Service Connection and EV Supply Infrastructure, and will treat these
under the standard provisions of CPUC filed tariffs such as Electric Rule 16.
2. Stop operating EVSE
o Remove the EVSE at Site Host’s cost and expense
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the
easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection and/or EV Supply
Infrastructure serves other load or assets, for example solar, PG&E continues to own EV Service
Connection and/or EV Supply Infrastructure and will treat these under the standard provisions of
CPUC filed tariffs such as Electric Rule 16. If EV Service Connection and/or EV Supply Infrastructure
serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and
EV Supply Infrastructure and abandon facilities in place.
General Terms
Permission to Use Data: Site Host agrees to allow PG&E, its agents and representatives to use data gathered as part
of the EV Fleet Program for use in regulatory reporting, ordinary business use, industry forums, case studies or other
similar activities, in accordance with applicable laws and regulations.
Representations: Site Host understands that its participation in EV Fleet Program shall not be construed as creating
any agency, partnership, or other form of joint enterprise between the Site Host, PG&E, or their affiliates, contractors,
vendors, representatives or designees nor create any obligations or responsibilities on their behalf except as may be
expressly granted in writing, nor make any representations of any kind to this effect. Site Host represents and warrants
that it is either (i) the fee title owner and has the ability to grant an easement (if required), or (ii) it is the authorized
manager of the proposed EV Fleet Program site working with the fee title owner, it has the power, authority and capacity
to bind itself to undertake the EV Fleet Program terms and conditions and to perform each and every obligation required
of Site Host, and such fee title owner has the ability to grant an easement (if needed).
Changes: PG&E may initiate changes to the EV Fleet Program as necessary to comply with CPUC directives. PG&E
shall endeavor to provide Site Host with advance notice of any such changes. Site Host has the option to opt out of the
Program subject to section “Site Host Removal or Termination” below.
Compliance with Laws: All parties shall comply with all applicable federal, state, and local statutes, rules, regulations,
laws, orders and decisions that relate to or govern its participation in the EV Fleet Program and/or Site Host’s interactions
with customers in connection with the EV Fleet Program.
Failure to Comply with Terms and Conditions: Without limitation, and to the greatest extent allowed by law, PG&E
and Site Host reserve the right to seek damages and recovery for losses incurred due to any breach of this Contract on
the part of Site Host or PG&E, whether intentional or unintentional.
Relocations: Should Site Host request relocation of EVSE or parts thereof, such relocation shall be per mutually
agreeable terms and shall be at sole expense of Site Host and in accordance with any EV Fleet Program requirements,
laws, regulations or other applicable jurisdictional requirements. Additionally, if applicable and requested by PG&E, Site
Host shall either amend the easement to include the legal description of the new location or enter into a new easement
with PG&E.
PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Site Host’s participation in the
EV Fleet Program, with or without cause, at any time, and for any reason, with reasonable advance notice. Such reasons
may include but are not limited to: failure to provide or maintain terms of easement, failure to abide by EV Fleet Program
terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other reason(s)
not in the best interests of the EV Fleet Program or PG&E’s ratepayers.
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 12 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
Site Host Removal or Termination: Should Site Host request removal or termination of EVSE or parts thereof prior to
expiration of the Term, then Site Host shall bear the full cost and sole expense of such removal as well as all fees and
costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of
equipment, site design and installation. Site Host may, at any time within the Term request from PG&E projected and
final costs associated with such a removal request. Such costs will include all amounts paid by PG&E, divided equally
over a ten-year period (e.g., if amounts total $100k and Site Host leaves after 1 year it is responsible for $90k). If the
Site Host wishes to assign its rights and obligations of this Contract to a new Site Host prior to the expiration of the Term,
the new Site Host may assume all rights and obligations for the remaining Term with PG&E consent. Such consent not
to be unreasonably withheld.
Indemnification: Site Host shall indemnify, hold harmless and defend PG&E, its affiliates, subsidiaries, parent company,
officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs,
expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury
to or death of persons, including but not limited to employees of PG&E or Site Host; (ii) injury to property or other interests
of PG&E, Site Host, or any third party; (iii) violation of a local, state, or federal common law, statute or regulation,
including but not limited to environmental laws or regulations; (iv) strict liability imposed by any law or regulation; so long
as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Site
Host’s performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent
that such injury, loss or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or
employees.
Site Host shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this
indemnity, using counsel acceptable to PG&E. Site Host shall pay all costs and expenses that may be incurred by PG&E
in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented
by counsel in the negotiation and execution of this Contract. PG&E represents and warrants that it has indemnification
language in its contract with any third party who PG&E may send to perform work on Site Host’s physical site. PG&E
agrees to work closely with Site Host on any concerns that may arise related to the party who will perform work on Site
Host’s physical site.
Insurance Requirements: Site Host shall procure, carry and maintain the following insurance coverage and Site Host
is also responsible for its Subcontractors maintaining sufficient limits of the appropriate insurance coverage:
A. Personal Liability
1. The limit shall not be less than One Million Dollars ($1,000,000) each occurrence for bodily injury, property
damage and personal injury.
2. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers,
agents and employees with respect to liability arising out of work performed by or for the ‘Site Host’; b) Be
endorsed to specify that the ‘Site Host’ insurance is primary and that any insurance or self-insurance
maintained by PG&E shall not contribute with it.
B. Workers’ Compensation and Employers’ Liability
1. Workers’ Compensation insurance or self-insurance indicating compliance with any applicable labor codes,
acts, laws or statutes, state or federal, where Site Host performs Work.
2. Employers’ Liability insurance shall not be less than $1,000,000 for injury or death in each accident.
C. Commercial General Liability
1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability
Coverage “occurrence” form, with no coverage deletions.
2. The limit shall not be less than $1,000,000 each occurrence for bodily injury, property damage and personal
injury.
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 13 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
3. Coverage shall: a) by “Additional Insured” endorsement add as insureds PG&E, its affiliates, subsidiaries,
and parent company, and PG&E’s directors, officers, agents and employees with respect to liability arising
out of or connected with the Work performed by or for the Site Host. (ISO Form CG2010 or equivalent is
preferred.) In the event the Commercial General Liability policy includes a “blanket endorsement by
contract,” the following language added to the certificate of insurance will satisfy PG&E’s additional insured
requirement: “PG&E, its affiliates, subsidiaries, and parent company, and PG&E’s directors, officers, agents
and employees with respect to liability arising out of the work performed by or for the Site Host are additional
insureds under a blanket endorsement.”; b) be endorsed to specify that the Site Host’s insurance is primary
and that any insurance or self-insurance maintained by PG&E shall not contribute with it.
D. Documentation Requirements
1. Site Host shall have all insurance in place before beginning any Work. Upon request, Site Host shall furnish
PG&E with certificates of insurance, declaration pages and endorsements (collectively, “Documentation”) of
all required insurance. Documentation shall be signed and submitted by a person authorized by that insurer
to issue certificates of insurance and endorsements on its behalf
2. The insurer shall deliver notification to PG&E in accordance with the policy provisions if any of the above-
described policies are cancelled before the stated expiration date
3. PG&E may inspect the original policies in Section A or B or require copies, at any time. Site Host/Owner
may redact non-essential exposure information from copies.
4. The minimum liability insurance requirements established in this Contract are not a representation by PG&E
that the insurance limits are sufficient, nor do these requirements in any way limit Site Host’s liability under
this Contract.
5. Upon request, Site Host shall furnish PG&E the same evidence of insurance for its Subcontractors as PG&E
requires of Site Host.
Casualty: If all or any portion of the EVSE on the Premises are damaged or destroyed by fire or other casualty which
materially and adversely affects the operation of the EVSE (any such occurrence, a “Casualty”), Site Host shall have
the right to terminate this Contract by written notice to PG&E in which event this Contract shall terminate on the date
that is 10 days after the date of Site Host’s termination notice and PG&E may elect to remove or replace the EVSE from
the Premises. In the event of any Casualty which materially and adversely affects the operation of the EVSE, PG&E
shall have the right to terminate this Contract by written notice to Site Host within 14 days after the Casualty, in which
event this Contract shall terminate on the date that is 10 days after the date of PG&E’s termination notice and PG&E
may elect to remove or replace the EVSE from the Premises.
Dispute Resolution: After attempting in good faith to resolve a dispute, a party may request mediation by written notice
to the other Party. The mediation shall be conducted by a mutually-agreeable mediator with appropriate experience. All
negotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise
and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is
incorporated herein by reference.
No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship,
franchise or association, nor shall this Contract render PG&E and Site Host liable as partners, co-venturers or principals.
Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or
invalid by a court of competent jurisdiction, PG&E and Site Host shall negotiate an equitable adjustment in the provisions
of this Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the
provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the
remaining provisions or application of any of the provisions of the Contract.
Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and
understanding between the parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous
agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express
or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 14 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
representations, statements or agreements other than those expressed herein. Neither party shall be bound by any
prior or contemporaneous obligations, conditions, warranties or representations with respect to the subject matter of this
Contract.
Survival: The provisions of this Contract which by their nature should survive expiration, cancellation or other
termination of this Contract, including but not limited to provisions regarding warranty, indemnity, insurance,
confidentiality, document retention, business ethics and availability of information, shall survive such expiration,
cancellation or other termination.
Notice: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such
other addresses as either party may direct by notice given in accordance with this section, and shall be delivered in one
of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when
delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to
have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way
of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in
which case notice shall be deemed to have been duly given on the date indicated on the delivery service’s record of
delivery.
If to PG&E:
Pacific Gas and Electric Company
Attn: EV Fleet Program Manager
77 Beale St
San Francisco, CA 94105
Email Address: EVChargeNetwork@pge.com
If to Site Host:
__________________________________(Company Name)
__________________________________(Street Address)
__________________________________ (City, zip)
__________________________________ (Name)
The Parties have executed this Contract on the dates indicated below, to be effective upon the later date.
________________________________
Company Name
PACIFIC GAS AND ELECTRIC COMPANY
________________________________
Signature
________________________________
Signature
________________________________
Print Name
________________________________
Print Name
________________________________
Title
________________________________
Title
________________________________
Date
________________________________
Date
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Item 7
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105
Page 15 of 15
Contract version revised 8.7.19
EV Fleet Program Terms and Conditions (“Contract”)
Between San Luis Obispo (SLO) and Pacific Gas and Electric Company
EXHIBIT A
PROJECT SCOPE
29 Prado Road, San Luis Obispo
Summary (Year 1 = year contract signed)
Description Year 1 Year
2
Year 3 Year 4 Year 5 Total
# of vehicles 14 0 0 0 6 20
Anticipated load
(kW)
900 kW 0 0 0 0 900 kW
# and type of
vehicle
14 Transit Buses
(Public Use)
0 0 0 6 Transit Buses
(Public Use)
20 Transit Buses
(Public Use)
# and type of
chargers to
support vehicles
2 Chargers @ 150 kW
12 Chargers @ 50 kW
0 0 0 0 14 Chargers
900 kW
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Item 7
Department Name: Admin and IT
Cost Center:1101
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By:Lynn Wilwand, Administrative Analyst
SUBJECT:MEMORANDUM OF UNDERSTANDING FOR UNDERGROUND UTILITY
CONDUIT INFRASTRUCTURE WITH THE COUNTY OF SAN LUIS
OBISPO
RECOMMENDATION
Approve and authorize the Deputy City Manager or their designee to execute the Memorandum
of Understanding (MOU) for Underground Utility Conduit Infrastructure with the County of San
Luis Obispo (Attachment A).
DISCUSSION
Information Technology staff from the City and the County meet periodically to share
information and determine ways in which collaboration would be beneficial. During one of these
meetings, the County expressed a need for additional fiber cable to connect County sites. The
City has also expressed a need for an off-site disaster recovery site. As such, City and County IT
staff created a plan that would fulfill both the City’s and the County’s needs.
The plan is detailed in the Memorandum of Understanding (MOU) between the County and the
City and allows (at no-cost to either party) the City to share data center facilities at the County
for a disaster recovery site, provides the City access to new County installed fiber, and allows the
County to install new fiber optic cable in the City’s existing underground conduit connecting to
other County fiber cable. As part of this project, the County will also be replacing an existing
obsolete fiber cable between the 842 Palm Parking structure and the City Hall data center for
increased capacity.
Specifically, the County will install new fiber optic cable along Stenner Creek Road connecting
existing County fiber optic cable located at the City Water Treatment Plant to existing County
fiber optic cable located at the intersection of State Highway 1 and Stenner Creek Road. This
will connect to new County fiber optic cable being installed at the corner of Walnut and Osos
Streets in the City of San Luis Obispo. To save on construction cost, the County will use the
City’s existing underground utility conduit infrastructure that runs along the intended path of
new fiber to be installed by County within the City of San Luis Obispo. In return, the County has
granted the City use of rack space at their data center located at 976 Osos. An additional offsite
backup location ensures that the City is able to maintain critical City operations in the event that
one of the City’s other locations goes offline due to a disaster (e.g. fire, flood, earthquake, etc.).
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In addition, secure secondary copies of all City backups are stored in this location as part of the
City’s strategy to combat ransomware threats.
The MOU grants the County a no-cost, nonexclusive license to use certain specified City conduit
for the purpose of installing fiber optic cable within the conduit for use by the County in
exchange for:
1) No-cost server and network rack space occupancy by the City within the County
Datacenter and
2) No-cost County-installed fiber at Stenner Creek Road.
Sharing data center facilities at the County Data center and Underground Utility Conduit
Infrastructure at no-cost to either party provides numerous benefits and cost savings to the
public. Cost estimates for the City to get the same amount of rack space at a commercial co-
location facility would cost approximately $43,000 per year, which would have been cost
prohibitive for the City. This partnership allows the City to further its disaster recovery goals
without that additional cost. The cost of alternative construction options for the County would
have added significant cost to their construction budget.
CONCURRENCE
Public Works has reviewed this report and concur with the recommendation.
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. 15378.
FISCAL IMPACT
Budgeted: No Budget Year:
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund -0--0--0-
State
Federal
Fees
Other:
Total -0--0--0-
This project aligns with the Fiscal Sustainability and Responsibility Major City Goal.
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There are no costs associated with approval of the MOU. The impact of this project to City staff
will be minimal, (staff hours are estimated at less than 20 and covered by operating budget) as
the project is being managed by the County.
ALTERNATIVES
Do not approve the MOU.This would incur costs to provide the City with an off-site disaster
recovery site.
Attachments:
a - Draft MOU for Underground Utility Conduit Infrastructure
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County of San Luis Obispo Fiber Project
Underground Utility Conduit Infrastructure MOU
Page 1 of 7
MEMORANDUM OF UNDERSTANDING
OF THE
UNDERGROUND UTILITY CONDUIT INFRASTRUCTURE
FOR THE
COUNTY of SAN LUIS OBISPO FIBER PROJECT
BETWEEN THE
COUNTY OF SAN LUIS OBISPO
AND THE
CITY OF SAN LUIS OBISPO
This Memorandum of Understanding (MOU) is entered into on ___________________________ by and
between the County of San Luis Obispo (County) and City of San Luis Obispo (City) regarding the use of
City’s existing underground utility conduit infrastructure by County for installation of new fiber op tic
cabling as part of the County of San Luis Obispo Fiber Project.
RECITALS
WHEREAS, the County seeks to install new fiber optic cable along Stenner Creek Road in the
unincorporated portion of San Luis Obispo County, connecting existing County fiber optic cable located at
the City Water Treatment Plant to existing County fiber optic cable located at the intersection of State
Highway 1 and Stenner Creek Road that will connect to new County fiber optic cable being installed at the
corner of Walnut and Osos Streets in the City of San Luis Obispo.
WHEREAS, the County seeks to install new fiber optic cable within the City’s corporate boundaries from
the corner of Walnut and Osos Streets to the County main datacenter located at 976 Osos St. (hereinafter,
“County Datacenter”) in the City of San Luis Obispo, as depicted on Exhibit ’A’ attached hereto and
incorporated herein.
WHEREAS, the City has existing underground utility conduit infrastructure that runs along the intended
path of new fiber to be installed by County within the City of San Luis Obispo and is currently used for a
City-wide fiber optic network, as well as street and signal lights.
WHEREAS, the County and the City desire to create a working relationship which will enable mutually
beneficial conduit occupancy within portions of the City and the County of San Luis Obispo.
WHEREAS, the City has agreed to grant the County a no-cost nonexclusive license to use certain specified
City conduit for the purpose of installing fiber optic cable within the conduit for use by the County in
exchange for: 1) no-cost server and network rack space occupancy by the City within the County
Datacenter and 2) no-cost County-installed fiber at Stenner Creek Road.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Definitions
The following terms, whether used in the singular or plural, when used in this MOU and initially
capitalized, shall have the meaning specified below.
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County of San Luis Obispo Fiber Project
Underground Utility Conduit Infrastructure MOU
Page 2 of 7
1.1. Cable – the fiber optic cable, the fiber contained therein, and associated splicing connections and
enclosures.
1.2. Conduit – a structure, usually underground, which may contain one or more fiber optic, electrical,
or other communication and signaling cables.
1.3. Fiber – a filament of dielectric material designed for the purpose of light-wave transmission.
1.4. Datacenter – a physically secure and environmentally controlled facility with redundant electrical
and emergency backup power used for the purpose of centrally housing computer data servers,
storage devices, and network connectivity for organizational enterprise operations.
1.5. Manhole – a subsurface enclosure which qualified personnel may enter and use for the purpose
of installing, operating, and maintaining cable in the Underground Utility Conduit Infrastructure.
1.6. Underground Utility Conduit Infrastructure – existing underground conduits constructed by the
City including any combination of conduits, manholes, hand holes, and vaults joined to form an
integrated whole. Installed and incorporated with the conduits are both buried and at-grade pull
boxes, junction boxes, mule tape, buried warning tape, and tracer wire.
2. Beneficial Purpose of Use of Underground Utility Conduit Infrastructure
Both the County and the City recognize that sharing datacenter facilities at the County Datacenter and
Underground Utility Conduit Infrastructure at no-cost to either party provides numerous benefits and cost
savings to the public.
3. Terms
Upon agreeing to this MOU, both the County and the City agree to adhere to the terms as follows:
3.1. Construction - Any construction work completed by the County for the benefit of the County will
comply with all prevailing wage laws. Any construction work completed by the City for the
benefit of the City will comply with all prevailing wage laws.
3.2. Ownership of Underground Utility Conduit Infrastructure – The City will maintain ownership of
existing Underground Utility Conduit Infrastructure. New conduit installed by the County to
provide fiber optic cable egress to County Datacenter will be owned by the County once built.
3.3. Access to Underground Utility Conduit Infrastructure – The County shall be granted access to
specified existing City Underground Utility Conduit Infrastructure for the purpose of installing
new fiber optic cable for use by County.
3.4. Granting of Rights and Authority. The County and the City grants certain rights to each party
herein described. The County and City will work to meet the needs of each party to the maximum
degree possible. The City Information Technology Manager reserves the final decision on all
matters related to County use of the existing City Underground Utility Conduit Infrastructure.
The County Information Technology Director reserves the final decision on all matters related to
City occupancy and City equipment located within the County Datacenter. Either party may bring
any final decisions made respectively by the City and County to their respective boards/councils
for discussion.
3.5. County’s Use. Subject to the provisions of this MOU and any other applicable state law, federal
law, and local law, the County is granted a license to use specified City conduit within the existing
Underground Utility Conduit Infrastructure along the pathway of new fiber optic cabling to be
installed by the County from the corner of Walnut and Osos Streets to the County Datacenter as
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County of San Luis Obispo Fiber Project
Underground Utility Conduit Infrastructure MOU
Page 3 of 7
delineated in Exhibit ‘B’. County will remove, at County’s sole cost, specified City fiber optic
cabling, as delineated in Exhibit ’B’ from the existing Underground Utility Conduit Infrastructure
and replace it with new fiber optic cabling, at County’s sole cost. The new fiber optic cabling will
be owned by County upon installation, consistent with section 3.2. City will own the six (6)
strands of new fiber optic cabling to be installed by County between the City parking booth and
existing splice case at intersection of Morro and Palm streets.
3.6. City’s Use. Subject to the provisions of this MOU and any other applicable state law, federal law,
and local law, City is granted occupancy in the County Datacenter and permitted to install and
operate City network and computer hardwaretherein. City will be granted access to new conduit
installed by County as delineated in Exhibit ‘B’ for purposes of an alternate access path to the
County Datacenter and will be responsible for the installation of new City fiber to be used for
alternate access. At no cost to the City, County will replace an existing City Manhole located near
AT&T Pole #16 at Stenner Creek Road with a larger Manhole and install new conduit between
the existing City and County Manholes. County will install twelve (12) strands of new fiber optic
cable between the existing County and City Manholes which will be spliced into existing City fiber
optic cables as delineated in Exhibit ’C’.
3.7. Operation, Maintenance and/or Replacement. The City is responsible for all costs for the
operation, maintenance, repair, and/or replacement of the City’s existing Underground Utility
Conduit Infrastructure, except as provided below. The County is responsible for the operation,
maintenance, repair, and/or replacement of the County’s fiber optic cabling being installed in the
City Underground Utility Conduit Infrastructure as well as any damage to the City’s existing
Underground Utility Conduit Infrastructure caused by such installation. County is responsible for
maintenance, repair, and/or replacement of the new conduit installed by County. City is
responsible for operation, maintenance, repair and/or replacement of the City’s network and
computer hardware located in the County’s datacenter, and City will be responsible for
operation, maintenance, repair and/or replacement of the City’s fiber within the County conduit.
3.8. Modification. Modifications altering this MOU shall only be affected by written amendments
between the County and the City.
3.9. Effective Date. The effective date of this MOU is the date signed by both parties and shall remain
in effect indefinitely unless either party decides to terminate this MOU or if the City Underground
Utility Conduit Infrastructure becomes defunct and is non-operational and will not be rebuilt.
4. Termination. This MOU shall continue in effect for a term of fifteen (15) years. If either party chooses
to terminate this MOU, the party must furnish written notice to the other party at least six months
(180 days) prior to termination. Alternatively, this MOU may be extended for up to three additional
five (5) year terms upon the request and mutual agreement of City and County. Each party shall be
responsible for all costs and services incurred under this MOU up to the date of termination.
4.1. Force Majeure. Performance of any obligations by either party under this MOU will be excused
if prevented or delayed by floods, earthquakes, other acts of God, war, strikes, other labor
difficulties, or other causes beyond either parties’ control.
4.2. Relationship of the Parties. The relationship between the County and City shall not be that of
partners, agents, or joint venture for one another, and nothing contained in this MOU shall be
deemed to constitute a partnership or agency license between them for any purposes, including,
but not limited to, federal income tax purposes.
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County of San Luis Obispo Fiber Project
Underground Utility Conduit Infrastructure MOU
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4.3. Assignment. The provisions of this MOU shall apply to and bind the successors and assigns of
the respective parties, but no assignment or transfer of this MOU, or any part hereof or interest
herein, shall be valid until and unless approved by both parties.
4.4. Counterparts/Fax Delivery: This MOU may be executed in one or more counterparts, all of which
taken together shall constitute one and the same instrument. The MOU may be duly executed
and delivered by a party by execution and facsimile of the signature page of a counterpart to the
other party.
4.5. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in
writing as follows:
5. Indemnification. To the fullest extent permitted by law, each party shall indemnify, defend, and hold
harmless the other party and the other party’s officers, partners, agents, employees, and volunteers
from and against all claims, demands, damages, liabilities, loss, costs, and expense (including
attorney’s fees and costs of litigation) of every nature arising out of or in connection with the
indemnifying party’s performance or non-performance of any obligation or duty provided for or
relating to this MOU, except such loss or damage which was caused by sole negligence or willful
misconduct of the potential indemnitee.
TO COUNTY:
_______________________________
Daniel Milei
Information Technology Director
County of San Luis Obispo
976 Osos St., Rm 400
San Luis Obispo, CA 93408
TO CITY:
_______________________________
Greg Hermann
Deputy City Manager
City of San Luis Obispo
990 Palm St.
San Luis Obispo, CA 93401
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Underground Utility Conduit Infrastructure MOU
Page 5 of 7
EXHIBIT A
San Luis Obispo County Datacenter, 976 Osos Street, San Luis Obispo, CA 93401
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Underground Utility Conduit Infrastructure MOU
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EXHIBIT B
Fiber optic cabling pathway using City Underground Utility Conduit Infrastructure highlighted in green.
New County-installed conduit highlighted in orange.
Existing 12 strand multi-mode City fiber to be removed by County from Underground Utility Conduit
Infrastructure and replaced with new 48 strand County fiber highlighted in dashed blue.
Existing 6 strand multi-mode City fiber to be removed by County from Underground Utility Conduit
Infrastructure and replaced with new 12 strand City fiber highlighted in dashed black.
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Underground Utility Conduit Infrastructure MOU
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EXHIBIT C
Vicinity of City of San Luis Obispo Water Treatment Plant, Stenner Creek Road, San Luis Obispo
Existing City manhole to be replaced by County and owned by City highlighted in green.
New County installed conduit and 12 strand fiber optic cabling highlighted in orange.
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Item 8
Department Name: Public Works
Cost Center:5201
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Matt Horn, Public Works Director
Prepared By:Gamaliel Anguiano, Transit Manager
Geoff Straw, RTA Executive Director
SUBJECT:REVISIONS TO THE SAN LUIS OBISPO REGIONAL TRANSIT
AUTHORITY JOINT POWERS AGREEMENT
RECOMMENDATION
Adopt resolution (Attachment A) authorizing execution of the amended and restated Joint
Powers Agreement for the San Luis Obispo Regional Transit Authority allowing consolidation of
South County Transit into the San Luis Obispo Regional Transit Authority.
DISCUSSION
Background
The City of San Luis Obispo is a member of the San Luis Obispo Regional Transit Authority
(RTA) Joint Powers Authority (JPA). Other members of the RTA JPA include the cities of
Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and the
County of San Luis Obispo. Although the City is not a member of the South County Transit JPA,
it is being asked to execute amendments to the RTA Joint Powers Agreement that would allow
consolidation of South County Transit services into the RTA. The four South County Transit
JPA member agencies include the cities of Arroyo Grande, Grover Beach, Pismo Beach, and the
County of San Luis Obispo.
Council Member Pease is the primary delegate on the RTA Board of Directors, and Mayor
Harmon is the alternate.
Following significant analysis by RTA and San Luis Obispo Council of Governments
(SLOCOG) staff members over the past several years, as well as recommendations by the
Triennial Performance Auditor and the three South County City Managers, the South County
Transit Board of Directors requested consolidation into the RTA at its January 9, 2018 meeting.
At its March 7, 2018 meeting, the RTA Board of Directors conceptually agreed to the
consolidation, pending further input from each jurisdiction and planned April 4, 2018 actions by
the SLOCOG Board of Directors (discussed below). Action was subsequently delayed due to the
temporary shifting of priorities towards pandemic response.
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Item 9
Of particular interest to the four South County Transit member jurisdictions is the issue of
continued local control over the local fixed-route services operated within the Five Cities Area
under consolidation. To that end, local fixed-route service levels (days, hours, routes, etc.),
marketing efforts, and operating/capital budgets for South County local fixed-routes would be
solely controlled through a new standing RTA South County Transit Committee (SCTC). The
SCTC would be comprised of the RTA Board members from the cities of Grover Beach, Arroyo
Grande, Pismo Beach, and one member from the Board of Supervisors. As detailed in the
attached amended and restated RTA Joint Powers Agreement, the SCTC would meet at least
annually to address public transit issues of interest to the SCTC members and to consider the
following year’s budget for local public transit services in the Five Cities Area. Funding of the
services authorized by the SCTC would be borne exclusively by the cities of Arroyo Grande,
Grover Beach and Pismo Beach, as well as the County on behalf of the communities of Oceano
and Avila Beach. A red-lined version depicting changes to the amended and restated Joint
Powers Agreement is provided as Attachment B.
Consolidation of South County Transit local fixed-route services into the RTA has significant net
financial benefits for the South County Transit jurisdictions. In addition, SLOCOG agreed to a
concession at its April 4, 2018 meeting on farebox recovery ratio requirements under
consolidation in the Arroyo Grande –Grover Beach Urbanized Area that will have long-term
financial benefits for the RTA and the SCTC member jurisdictions. The principal benefit to the
SCTC member jurisdictions is that consolidation would avoid a roughly $70,000 annual penalty
for failing to achieve the new/higher State of California 20% farebox recovery ratio requirement
that was triggered by the Federal designation of the area as “urban” in the 2010 Census (it was
10% prior to the urban designation). In summary, while some operating costs would increase
under consolidation (principally as it relates to provision of healthcare benefits to six current
part-time South County Transit employees who do not currently have health insurance), the on-
going net benefit to the SCTC member jurisdictions is anticipated to be on the order of $82,000
annually.
The effective date for the transition would be on January 1, 2021. This date was chosen because
it corresponds with the annual start date of employees’ healthcare plans, and thus would
minimize disruptions for South County Transit employees.
Previous Council or Advisory Body Action
RTA Executive Director Geoff Straw –who also serves as the South County Transit
Administrator –presented the notion of consolidating South County Transit into the RTA to the
San Luis Obispo City Council on July 10, 2018 as an information item. No action was requested
at that public meeting, although Mr. Straw has had continuing discussions with City Manager
and other city staff regarding the consolidation.
Policy Context
This action has no direct policy context, although with consolidation SLOCOG would permit a
lower farebox recovery ratio for the RTA for operations in the Arroyo Grande –Grover Beach
Urbanized Area and the El Paso de Robles –Atascadero Urbanized Area, resulting in a benefit
for RTA fixed-route operations in those areas (Routes 10 and 9, respectively).
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Item 9
Public Engagement
This item has been discussed at several RTA Board of Directors meetings, as well as at
SLOCOG Board of Directors meetings. As noted above, Mr. Straw also presented consolidation
of South County Transit into the RTA to the City Council in July 2018.
CONCURRENCE
The City Managers from Arroyo Grande, Pismo Beach, Grover Beach as well as the RTA Board
of Directors. This report has been made available to City Attorney’s office, which concurs with
the recommendation and has reviewed, edited and approved the proposed resolution and
supporting documents.
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. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total
Consolidation of South County Transit into RTA does not have a fiscal impact to the City of San
Luis Obispo. SCTC member jurisdictions (Grover Beach, Arroyo Grande, Pismo Beach, County
of San Luis Obispo) are anticipated to save $82,000 annually due to increased operational
efficiencies.
ALTERNATIVES
1.Modify the RTA amended and restated Joint Powers Agreement. This is not recommended
as the action would delay the process and have significant fiscal impacts on the four South
County Transit JPA member jurisdictions.
2.Do not approve the Resolution to execute the RTA amended and restated Joint Powers
Agreement. This is not recommended as the action would leave in place the existing RTA
Joint Powers Agreement.
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Item 9
Attachments:
a - Draft Resolution
b - Amended Joint Powers Agreement with SCTC Red-line Mark-up
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R _____
RESOLUTION NO. ______ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO,
CALIFORNIA, AUTHORIZING EXECUTION OF THE AMENDED AND
RESTATED JOINT POWERS AGREEMENT FOR THE SAN LUIS
OBISPO REGIONAL TRANSIT AUTHORITY
WHEREAS, South County Transit provides fixed-route public transportation services in
the cities of Arroyo Grande, Grover Beach and Pismo Beach, as well as the unincorporated area
of Oceano, as authorized under a Joint Powers Agreement originally enacted in 1978 and
subsequently amended in 2001 and 2016; and
WHEREAS, South County Transit has been provided professional administrative
services, vehicle maintenance and operations oversight under contract to the San Luis Obispo
Regional Transit Authority since 1997; and
WHEREAS, both South County Transit Board of Directors and the San Luis Obispo
Regional Transit Authority Board of Directors have extensively discussed the possibility of
consolidating South County Transit into the San Luis Obispo Regional Transit Authority to realize
cost efficiencies and to avoid farebox recovery ratio penalties in the South County Transit service
area; and
WHEREAS, the San Luis Obispo Regional Transit Authority Board of Directors will
consider an amended and restated Joint Powers Agreement that consolidates South County Transit
services into the agency at its December 2, 2020 meeting; and
WHEREAS, the amended and restated Joint Powers Agreement for the San Luis Obispo
Regional Transit Authority includes provisions that allow local control of service levels and
budgetary control for fixed-route services in the Arroyo Grande –Grover Beach Urbanized Area,
which includes the cities of Arroyo Grande, Grover Beach and Pismo Beach, as well as the
unincorporated communities of Avila Beach and Oceano; and
WHEREAS, the amended and restated Joint Powers Agreement for the San Luis Obispo
Regional Transit Authority becomes effective at 12:00 AM on January 1, 2021 upon ratification
by the County of San Luis Obispo Board of Supervisors and by each of the seven City Councils in
the county; and
WHEREAS, the existing South County Area Transit Joint Powers Agreement states that
the Agency may sell, lease or assign all of its real and personal property and may cease operations
upon such terms and conditions as the Board determines to be reasonable and upon affirmative
vote by all member agencies; and
WHEREAS, the existing South County Area Transit Joint Powers Agreement also states
that the Agreement shall continue in full force and effect until cancelled by affirmative vote of a
majority of the member agencies, and
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WHEREAS, the South County Transit Board of Directors resolved at its October 6, 2020
meeting to terminate the South County Area Transit Joint Powers agreement effective 11:59 PM
on December 31, 2020 upon ratification of the majority of the member agencies and upon full
ratification of the amended and restated Joint Powers Agreement for the San Luis Obispo Regional
Transit Authority by its member agencies.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
Section 1. The City Council hereby finds and determines that all of the recitals are true and
correct.
Section 2. The City Council supports consolidation of South County Transit into the San
Luis Obispo Regional Transit Authority.
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R _____
Section 3.The City Manager is directed to execute the San Luis Obispo Regional Transit
Authority amended and restated Joint Powers Agreement.
Upon motion of Council Member _____________, seconded by Council Member
_____________ and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ____ day of _________ 2020.
________________________________
Mayor Heidi Harmon
ATTEST:
________________________________
Teresa Purrington
City Clerk
APPROVED AS 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, on ________________________.
________________________________
Teresa Purrington
City Clerk
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SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY
AMENDED AND RESTATED JOINT POWERS AGREEMENT
WITNESSETH:
This Agreement is made and entered into this 9 th day of March, 1990, and
amended on 2nd day of September, 1998,and further amended on the 24th day of June,
2013, by and among the incorporated cities of Arroyo Grande, Atascadero, El Paso de
Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo, all being
municipal corporations in the County of San Luis Obispo, California (hereinafter called
“Cities”) and the County of San Luis Obispo, a body politic and corporate, and a
subdivision of the State of California, (hereinafter called “County”).
WHEREAS, Section 6500 et seq. of the California Government Code (Title 1,
Div. 7, Chapter 5, Article 1) provides for agreements between two or more public
agencies to jointly exercise any power common to the contracting parties, subject to
certain mandatory provisions contained therein; and
WHEREAS, the Cities and County have previously entered into a joint powers
agreement for the formation of the San Luis Obispo Council of Governments for the
purpose of providing, among other things, for a regional transportation agency; and
WHEREAS, the San Luis Obispo Council of Governments, at a regularly held
meeting on May 10, 1989, voted to consolidate the administration of several
transportation systems through a regional transit joint powers agreement.
WHEREAS, the cities of Arroyo Grande, Grover Beach and Pismo Beach, and
the County of San Luis Obispo, were formerly members of the South County Area
Transit Joint Powers Agency,which began operating a public transit system within
those jurisdictions in January, 1978, and which ceased towill cease to exist and
transferred its assets to the San Luis Obispo Regional Transit Authority in return for
amendments made to this Agreement effective January 1, 2021.
NOW THEREFORE, it is agreed as follows:
ARTICLE I
General Provisions
Section 1. Purpose: The purpose of this Agreement is to exercise the common
powers of the member agencies for the formation of a Joint Powers Agreement with full
power and authority to own, operate and administer a county-wide public transportation
system within the boundaries and over the territory over which the Joint Powers Agency
has jurisdiction.
Section 2. Name: The official name of the entity shall be San Luis Obispo
Regional Transit Authority and hereafter referred to as the RTA.
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ARTICLE II
Organization
Section 1. Board Members: The membership of the RTA Governing Board shall
be the same as the membership of the San Luis Obispo Council of Governments
(hereinafter referred to as SLOCOG).
Section 2. Board Meetings - Voting - Quorum: Regular meetings shall be
generally held in the first week of July, September, November, January, March and May
or as specified in a biannually adopted meeting calendar. Special meetings may be
called by the President or upon written request of at least three (3) members of the RTA
Board.
Voting and quorum provisions shall be the same as those provided in the
SLOCOG Joint Powers Agreement, however, any vote regarding local fixed-route
services or other public transportation services operated solely within the Arroyo
Grande –Grover Beach Urbanized Area, including the budgeting and funding of such
services, shall require at least three affirmative votes from Board members who also sit
on the South County Transit Committee .
Section 3. Officers: The officers of SLOCOG shall serve as officers of RTA.
Section 4. Executive Director: The RTA Board shall designate an Executive
Director to operate RTA. The Executive Director shall serve at the pleasure of the RTA
Board, with delegated powers to certify documents of the RTA Board as required by the
law and to assume such duties and responsibilities as the Board may direct.
Section 5. Members:
1. The County of San Luis Obispo and all cities incorporated in the County of
San Luis Obispo presently or in the future, are declared eligiblefor
membership.
2. Member city agencies may elect to have an alternate member(s) from
their city council in addition to any official member, but said alternate(s)
shall be able to vote only in the absence of the official representative.
3. Membership shall be contingent upon the execution of this Joint Powers
Agreement.
Section 6. Boundaries and Service Levels: The service area boundaries shall be
all of the area within the boundaries of San Luis Obispo County as designated by the
RTA Board. Any additional services beyond the level recommended by the Regional
Transportation Plan or mandated in the Unmet Transit Needs Hearing (PUC Section
99401.5) may be instituted, but shall require unanimous approval of affected
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jurisdictions, with costs for the extra service to be distributed on the basis of formula
developed by the RTA Board members representing the affected jurisdictions.
Section 7. Committees:
1. Committees and subcommittees may be established as RTA may deem
appropriate.
2.Membership on “ad-Hoc” policy committees shall be at the discretion of
the President. Nothing herein shall be construed to limit membership on
these aforesaid committees to officials of the member agencies.The
President may appoint any individual deemed qualified to serve on a
committee.
3. Standing committees shall include the:
a. Regional Transit Advisory Committee (RTAC) serving as a
Regional Transit Productivity Committee to advise the Board on the
efficiency and effectiveness of the transit system.
b.An Executive Committee comprised of the President, Vice
President and the past President and at least one representatives
from the county of San Luis Obispo (if none of the above) shall
advise the Executive Director and RTA on: draft agendas,
personnel issues, budget and Overall Work Program; controversial,
sensitive and major policy issues; and shall facilitate the annual
performance evaluation of the Executive Director. Items for review
shall be selected by the Executive Director in consultation with the
President. All Committee members may include agenda items as
they desire. For purposes of conducting business, two members
shall constitute a quorum.
c. South County Transit Committee (SCTC) comprised of RTA Board
members representing the four jurisdictions included in the Arroyo
Grande –Grover Beach Urbanized Area as defined in the 2010
Decennial Census (hereinafter referred to as the AG-GB UZA). The
SCTC member jurisdictions include the cities of Arroyo Grande,
Grover Beach and Pismo Beach, and the County of San Luis
Obispo, representing the Oceano Area and the Avila Beach Area.
The SCTC’s roles and responsibilities include:
i. The SCTC shall effectively control local fixed-route
services and any other public transportation services
operated solely within the AG-GB UZA by virtue of the
voting requirements for matters provided above in
Section 2 of this Agreement.
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ii. At a minimum, the SCTC shall meet annually to consider
annual service levels, fare levels, major marketing
campaigns, capital improvement plans, and to ratify
financial commitments for each jurisdiction participating
in public transportation services operated solely within
the AG-GB UZA. At the request of two or more SCTC
members, properly noticed special SCTC meetings may
also be conducted.
iii. For purposes of conducting business, three of the four
SCTC members shall constitute a quorum.
iv. The SCTC shall submit an annual operating budget and
multi-year capital improvement plan for fixed-route and
other public transportation services operated solely within
the AG-GB UZA to the full RTA Board prior to May 1 for
consideration as part of the RTA Overall Annual Budget.
v. Any additional services beyond the level recommended
by the Regional Transportation Plan or mandated in the
annual Unmet Transit Needs Hearing (PUC Section
99401.5) may be instituted in the SCTC service area, but
shall require unanimous approval of affected jurisdictions,
with costs for the extra service to be distributed on the
basis of a formula developed by the SCTC members
representing the affected jurisdictions.
vi. Each SCTC member agency shall make an annual
Transportation Development Act contribution based upon
the percentage of total SCTC-served population related
to the area served within that member agency. All
population percentages utilized shall be those annually
adopted by the San Luis Obispo Council of Governments
for allocating Transportation Development Act Funds
based annually on estimates prepared by the State
Department of Finance pursuant to Section 2227 of the
Revenue and Taxation Code for cities and by the County
Planning Department for unincorporated communities.
i.vii.Any member of the SCTC may withdraw from the SCTC
after providing written notice to the RTA Board President
one year in advance of the requested withdrawal date. A
withdrawing member’s financial obligation under this
subsection is limited to the withdrawing member’s pro -
rata share of the currently adopted SCTC operating
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budget within the service area of the obligated
commitments affecting the withdrawing member and any
San Luis Obispo Council of Governments finding as to
Unmet Transit Needs that are Reasonable to Meet
pursuant to Public Utilities Code Section 99401.5.
However, the obligations of a withdrawing member under
this subsection are limited to the special transportation
funds to which the withdrawing member would be
entitled, such as Transportation Development Act funds,
and this section shall not impose any obligation on the
general funds of the withdrawing member.
4. No committee shall commit the RTA on any matter or questions of policy.
Such matters or questions can only be decided by the RTA.
5. All committees shall receive clerical assistance from RTA staff and, by
agreement, SLOCOG staff for the purpose of maintaining minutes of
meetings and other such duties as the Executive Director may direct. The
chair of each committee shall sign the original copy of the minutes
indicating verification of contents upon committee adoption. Copies of
minutes of all meetings shall be sent to members of the RTA and the
Executive Director.
ARTICLE III
Financial Provisions
Section 1. Budget: The Executive Director shall prepare an Overall Annual
Budget annual budget for RTA Board adoption prior to commencement of each fiscal
year.The Overall Annual Budget shall include financial details on core RTA services, as
well as financial details for those various public transportation services provided under
agreement to other agencies. Core RTA services include intercity fixed-routes along the
US-101 and SR-1 corridors, and regional Americans with Disabilities Act
complementary paratransit services. The approval of the Overall Annual Budget shall be
in accordance with those procedures prescribed by the Joint Powers Agreement of
SLOCOG.
The annual operating and capital budgets for non-core services provided under
agreement to another agency requires ratification by its governing body prior to
consideration of the Overall Annual Budget by the RTA Board.
Accounting practices to be applied will conform to those used by San Luis
Obispo County, consistent with Transportation Development Act rules and regulations.
A Consolidated Fund balance and cash balance for RTA core services will carry
forward from one year to the next.Separate Consolidated Fund balances and cash
balances will be maintained for public transportation services provided by RTA under
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agreement to other agencies, including those public transportation services provided
under the direction of the SCTC.
The Overall Annual Budget may additionally carry funds for future fiscal years
where necessary to develop a multi-year Capital Improvement Program and to reflect
obligations under state or federal funding agreements, to the extent allowable by
California law.
No member Agency shall be required to expend any of its general fund monies to
support the operations of the RTA. The operation of the transit system shall be funded
from revenues derived from operations, member Transportation Development Act fund
contributions, grants, and any other appropriate revenue sources. Each member agency
shall make an annual contribution to the RTA in accordance with the adopted budget.
Any formula may be amended upon approval of all jurisdictions affected by that
formula and ratified by the RTA.
All population percentages utilized shall be those annually adopted by SLOCOG
for allocating Transportation Development Act Funds based annually on estimates
prepared by the State Department of Finance pursuant to Section 2227 of the Revenue
and Taxation Code for cities and by the County Planning Department for unincorporated
communities.
Section 2. Expenditures:The RTA may establish procedures and policies to
insure competitive prices for the purchases of goods and services. Formal bidding shall
not be required unless directed specifically by the RTA or unless required by state or
federal law. Particularly in the purchase of equipment, including buses, the RTA may
consider the design, maintenance and operating costs, and other similar factors in
determining the most suitable equipment and need not purchase equipment having the
lowest initial cost.
Section 3. Treasurer and Auditor: Pursuant to Government Code Section 6505.5,
the Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of
the RTA. The Treasurer shall have the powers and duties set forth in Government Code
Section 6505.5. The Auditor/Controller of the County of San Luis Obispo is designated
as the Auditor of the RTA pursuant to Government Code Section 6505.5.
Section 4. Annual Audit:The RTA shall cause an annual audit to be prepared
and filed in accordance with Government Code Section 6505 and Public Utilities Code
Section 99245.This audit shall include RTA core services, as well as those service
provided under agreement for other agencies.
Section 5. Annual Report: The Executive Director shall prepare and submit an
annual report of the operations to the RTA Board, SLOCOG and State Controller within
90 days of the by January 31 following each fiscal year pursuant to Public Utilities Code,
Section 99243.
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Section 6. Periodic Reporting: The RTA Board may require periodic reporting of
ridership, finances, or other information.This periodic reporting shall include RTA core
services, as well as those service provided under agreement to other agencies. It shall
be the responsibility of the Executive Director to provide such reports in a form
acceptable to the RTA Board.
ARTICLE IV
Authority
Section 1. Powers:The RTA shall have all Powers necessary to carry out the
purpose of this Agreement, except the power to tax. Its power to expend funds shall be
limited only by the availability of funds as set forth in ARTICLE III: Finances, Section 1.
The Powers of the RTA specifically include, but are not limited to, the following:
1. To solicit bids and negotiate contracts from private enterprise for services
and/or operation.
2. To sue or be sued.
3. To employ agents, employees and contract for professional services.
4. To make and enter contracts, including labor, purchase agreement and
employment contracts.
5. To acquire, convey, construct, manage, maintain and operate necessary
equipment, building and improvements.
6. To acquire and convey real and personal property.
7.To incur debts, liabilities and obligations, as well as obligations of financial
assistance from State and Federal agencies, and to obligate RTA to
operate the improvements, equipment or transportation system in
accordance with the terms and conditions of said financial assistance.
8. To purchase insurance.
7.9.To develop policies and procedures necessary to remain in compliance
with Federal Transit Administration Section 5307 Urbanized Area Formula
Program and other federal grant program funding requirements.
Section 2. RTA is a Public Legal Entity:The RTA is a public entity duly formed
and existing under the laws of the State of California. It is a separate and distinct legal
entity from its member agencies. The debts, duties and obligations created pursuant to
Formatted: Space After: 0 pt
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this Agreement, shall be solely the obligations of the RTA and not those of its officers,
employees, members of the Board of Directors or the member agencies.
ARTICLE V
Miscellaneous Provisions
Section 1. Withdrawal of Member:A withdrawing member’s financial obligation
under this Section is limited to the withdrawing member’s pro -rata share of the currently
adopted operating budget based upon ARTICLE III, Section 1 within the service area of
the obligated commitments affecting the withdrawing member and any SLOCOG’s
finding as to unmet transit needs that are reasonable to meet pursuant to Public Utilities
Code Section 99401.5.
Section 2. Amendment of Agreement: No amendment to this Agreement shall be
made without the consent of all member agencies at the time of the amendment.
Section 3. Ratification - Effective Date: This Agreement shall be deemed
effective as to those parties executing this agreement upon their execution of the
agreement.
Section 4. Assignability: In the event it is deemed in the best public interest to
have the RTA operated by another individual or entity, whether public or private, and
provided that the assignment complies with State and Federal laws, the agency on
affirmative vote of the majority in accordance with Section 2 of ARTICLE II, may sell,
lease or assign all of its real and personal property and cease operations upon such
terms and conditions as the RTA determines to be reasonable.
Section 5. Termination: This Agreement shall continue in full force and effect until
rescinded by a majority of the member agencies.
Section 6. Notification to Secretary of State: Pursuant to Government Code
Section 6503.5,the RTA shall cause a notice of the execution of this Agreement to be
prepared and filed with the Office of the Secretary of the State of California, within thirty
(30) days after the effective date of any amendment to this Agreement. Until such filings
are completed, the RTA shall not incur indebtedness of any kind.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first hereinabove written.
IN WITNESS THEREOF, the parties have executed this Agreement as of the day and
year first hereinabove written.
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City of Arroyo Grande
By: ___________________________ Date:______________________
___________________________ Resolution No._______________
Clerk
City of Atascadero
By: ___________________________ Date:______________________
___________________________ Resolution No._______________
Clerk
City of Grover Beach
By: ___________________________ Date:______________________
___________________________ Resolution No._______________
Clerk
City of Morro Bay
By: ___________________________ Date:______________________
___________________________ Resolution No._______________
Clerk
City of Paso Robles
By: ___________________________ Date:______________________
___________________________ Resolution No._______________
Clerk
City of Pismo Beach
By: ___________________________ Date:______________________
___________________________ Resolution No._______________
Clerk
City of San Luis Obispo
By: ___________________________ Date:______________________
___________________________ Resolution No._______________
Clerk
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County of San Luis Obispo
By: ___________________________ Date:______________________
___________________________ Resolution No._______________
Clerk
Approved as to form and legal effect:
RITA L.NEAL
County Counsel
By: ___________________________
DeputyAssistant County Counsel
Date: __________________________
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Department Name: Community Development
Cost Center:4003
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Michael Codron, Director of Community Development
Prepared By:Dan Van Beveren, Senior Civil Engineer
SUBJECT:PARTIAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACTS
3063-2, 3066-2, 3095, AND 3111, RESIDENTIAL SUBDIVISIONS IN THE
ORCUTT AREA
RECOMMENDATION
Adopt resolutions for Tract 3063-2 (Attachment A), Tract 3066-2 (Attachment B), Tract 3095
(Attachment C), and Tract 3111 (Attachment D) accepting the completed public improvements,
certifying the completed private subdivision improvements, releasing the securities for the
completed portions, and authorizing the Director of Public Works to accept the remaining
improvements and to release the remaining securities once the improvements are deemed
complete.
DISCUSSION
Background
The Orcutt Area Specific Plan area (Attachment E) contains several subdivisions which are now
complete or nearing completion. Those subdivisions are summarized as follows:
Tract 3063-2 (Phase 2 of the Righetti Ranch Subdivision) consists of the creation of 124 lots
consisting of:
1. 87 single family lots
2. 32 multi-family residential lots
3. Three small public park lots
4. One private drainage basin lot
5. One private street lot
Tract 3066-2 (Phase 2 of the subdivision commonly known as the Jones Subdivision) consists of
the creation of 33 lots consisting of:
1. Three mixed-use lots
2. Seven lots for up to 43 condominium units
3. Five common area lots for parking, private streets, and private drive aisles
4. Two common area lots for private open space and drainage
5. Two HOA-owned lots for preservation of creek/biological open space
6. Nine lots for single family homes for subdivider
7. Five lots for the Jones homestead site
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Tract 3095 (Imel Ranch Subdivision) consists of the creation of 23 lots consisting of:
1. 18 single-family lots
2. Two private drainage basin lots
3. Two private open space lots, and
4. One public open space lot.
Tract 3111 (Pratt Subdivision) consists of the creation of 31 lots consisting of:
1. 30 single-family lots, and
2. One homeowners’ association common area lot.
Partial Acceptance of a Portion of Improvements
For each of these subdivisions, work has been completed for most of the required public
improvements. These improvements include new public streets including Imel Road, Phyliss
Way, Hayfield Loop, Kilbern Way and portions or extensions of Ranch House Road, Sponza
Drive, Tiburon Way, and Bullock Lane. New roundabouts have been installed at the intersections
of Tiburon Way and Ranch House Road, and at Tiburon Way and Righetti Ranch Road. A map
showing the locations of these new public street improvements is included as Attachment F.
In general, the improvements consist of street construction, street widening, medians, curb,
gutter, sidewalks, Class 1 multi-use paths, streetlights, water main and sewer main extensions,
fire hydrants, reclaimed water main, storm drain improvements, and landscaping. Each of the
draft resolutions includes a partial acceptance of these improvements, accepts the completion of
a portion of the required improvements, reduces the securities for the work that is completed, and
authorizes the Public Works Director to accept the remaining public improvements once they are
deemed complete and to release the remaining securities on behalf of the City Council once the
work is completed.
Previous Council Action
The tentative subdivision map for Tract 3063 (Righetti Ranch) was approved by City Council on
May 19, 2015, by Resolution No. 10619 (2015 Series).
The final map for Tract 3063-2 (Phase 2 of Righetti Ranch) was approved by City Council on
October 1, 2019, by Resolution No. 11047 (2019 Series).
The tentative subdivision map for Tract 3066 (Jones Subdivision) was approved by City Council
on May 19, 2015 by Resolution No. 10620 (2015 Series).
The final map for Tract 3066-2 (Phase 2 of the Jones Subdivision) was approved by City Council
on March 21, 2017 by Resolution No. 10779 (2017 Series).
The tentative subdivision map for Tract 3095 (Imel Ranch) was approved by City Council on
March 20, 2017 by Resolution No. 10773 (2018 Series).
The final map for Tract 3095 (Imel Ranch) was approved by City Council on February 5, 2019
by Resolution No. 10977 (2019 Series).
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Item 10
The tentative subdivision map for Tract 3111 (Pratt Subdivision) was approved by City Council
on May 1, 2018 by Resolution No. 10884 (2018 Series).
The final map for Tract 3111 (Pratt Subdivision) was approved by City Council on April 2, 2019
by Resolution No. 10995 (2019 Series).
Policy Context
The City Council accepts public improvements and certifies completion of private improvements
in accordance with the Subdivision Map Act and the City’s Subdivision Regulations.
Public Engagement
Public Engagement was completed with the approval of the Tentative Map and the development
of the Orcutt Area Specific Plan.
CONCURRENCE
The Public Works Director and the Utilities Director concur with the recommended action.
ENVIRONMENTAL REVIEW
There is no environmental review associated with the acceptance of these improvements. Prior
Environmental review consisted of the review of the Orcutt Area Specific Plan and its Final
Environmental Impact Report (FEIR) in March 2010. Subsequent environmental review included
each of the Vesting Tentative Tract Maps, which tiered off the 2010 FEIR, and were analyzed in
project-specific Initial Study/Mitigated Negative Declarations.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
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Item 10
Typical maintenance and operation of newly accepted public facilities will be required for the
street and utility improvements. Increasing the maintenance budget for the small, incremental
increase in infrastructure to be maintained does not occur with each acceptance of public
facilities. The maintenance budget for the improvements is evaluated and adjusted as needed
with the City’s adoption of its two-year financial plan. Council action accepting these
improvements, however, itself does not have an associated budget increase.
ALTERNATIVES
Limited alternatives exist only regarding the timing of the acceptance of these improvements.
Ultimately, acceptance of the public improvements is required in accordance with the OASP,
Tentative Mapp approvals, Department of Real Estate process assumptions, and Homeowners
Association CC&R’s.
Attachments:
a - Draft Resolution - Righetti Phase 2 Acceptance, Tract 3063-2
b - Draft Resolution - Jones Phase 2 Acceptance, Tract 3066-2
c - Draft Resolution - Imel Acceptance, Tract 3095
d - Draft Resolution - Pratt Acceptance, Tract 3111
e - Vicinity Map
f-Site Map
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R _____
RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE COMPLETED
PUBLIC IMPROVEMENTS OF TRACT 3063-2; CERTIFYING THE
COMPLETED PRIVATE SUBDIVISION IMPROVEMENTS OF TRACT
3063-2; RELEASING THE SECURITIES FOR THE COMPLETED
PORTIONS OF TRACT 3063-2; AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO ACCEPT THE REMAINING IMPROVEMENTS
AND TO RELEASE THE REMAINING SECURITIES ONCE ALL THE
IMPROVEMENTS ARE DEEMED COMPLETE
WHEREAS, the City Council made certain findings concerning Tract 3063, as prescribed in
Resolution No. 10619 (2015 Series); and
WHEREAS, the City Council approved the final map for Tract 3063-2 per Resolution No.
11047 (2019 Series); and
WHEREAS, the subdivider has satisfactorily completed the majority of the required
public improvements in accordance with City standards, specifications, and the subdivision
agreement; and has requested that the City accept of these public improvements for maintenance
and operation by the City; and
WHEREAS, the subdivider has satisfactorily completed a portion of the private
improvements in accordance with City standards, specifications and the approved plans, and has
requested that the City certify completion of these private improvements; and
WHEREAS, the subdivider has on file the appropriate securities to guarantee the completion
of the remaining Phase 2 subdivision improvements as shown on the approved plans.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby acceptsa portion of the public improvements for Tract
3063-2, specifically the public improvements for Kilbern Way and Hayfield Loop with the exception
of improvements at and in the vicinity of the intersection of Hayfield Loop and Tiburon Way.
SECTION 2.The City Council hereby certifies completion of a portion of the required
private subdivision improvements within the Tract 3063-2 boundary.
SECTION 3.The Faithful Performance securities guaranteeing completion of the on-site
and off-site public improvements may be reduced with the approval of the Director of Public
Works upon submittal of the following items:
1. Progress record drawings for the completed improvements; and
2. Certification by the Engineer of Record for the completion of the public
improvements.
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Resolution No. _______ (2020 Series) Page 2
R _____
SECTION 4.The corresponding Labor & Materials security may be released after 90 days
from the date of acceptance of the improvements in accordance with Section 66499.7(h) of the
California Government Code.
SECTION 5.The Director of Public Works is hereby authorized to accept the remaining
improvements and to release the remaining securities on behalf of the City Council once the work
is completed to the City’s satisfaction.
SECTION 6.The security guaranteeing the workmanship and materials may be released
by the Director of Public Works upon the successful completion of the 12-month warranty time
period from the date of acceptance of the improvements.
Upon motion of Council Member ________________, seconded by Council Member
_________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2020.
____________________________________
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, on __________________.
____________________________________
Teresa Purrington
City Clerk
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Item 10
R _____
RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE COMPLETED
PUBLIC IMPROVEMENTS OF TRACT 3066-2; CERTIFYING THE
COMPLETED PRIVATE SUBDIVISION IMPROVEMENTS OF TRACT
3066-2; RELEASING THE SECURITIES FOR THE COMPLETED
PORTIONS OF TRACT 3066-2; AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO ACCEPT THE REMAINING IMPROVEMENTS
AND TO RELEASE THE REMAINING SECURITIES ONCE ALL THE
IMPROVEMENTS ARE DEEMED COMPLETE
WHEREAS, the City Council made certain findings concerning Tract 3066, as prescribed in
Resolution No. 10620 (2015 Series); and
WHEREAS, the City Council approved the final map for Tract 3066-2 per Resolution No.
10779 (2017 Series); and
WHEREAS, the subdivider has satisfactorily completed the majority of the required
public improvements in accordance with City standards, specifications, and the subdivision
agreement; and has requested that the City accept of these public improvements for maintenance
and operation by the City; and
WHEREAS, the subdivider has satisfactorily completed the majority of the private
improvements in accordance with City standards, specifications and the approved plans, and has
requested that the City certify completion of these private improvements; and
WHEREAS, the subdivider has on file the appropriate securities to guarantee the completion
of the remaining subdivision improvements as shown on the approved plans.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby acceptsa portion of the public improvements for Tract
3066-2, specifically the public improvements fronting the tract boundary along Sponza Drive, Ranch
House Road, and Tiburon Way, and all utilities withing the Tract boundary.
SECTION 2.The City Council hereby certifies completion of the required private
subdivision improvements within the Tract 3066-2 boundary.
SECTION 3.The Faithful Performance securities guaranteeing completion of the on-site
and off-site public improvements may be reduced with the approval of the Director of Public
Works upon submittal of the following items:
1. Progress record drawings for the completed improvements; and
2. Certification by the Engineer of Record for the completion of the public
improvements.
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Resolution No. _______ (2020 Series) Page 2
R _____
SECTION 4.The corresponding Labor & Materials security may be released after 90 days
from the date of acceptance of the improvements in accordance with Section 66499.7(h) of the
California Government Code.
SECTION 5.The Director of Public Works is hereby authorized to accept the remaining
improvements and to release the remaining securities on behalf of the City Council once the work
is completed to the City’s satisfaction.
SECTION 6.The security guaranteeing the workmanship and materials may be released
by the Director of Public Works upon the successful completion of the 12-month warranty time
period from the date of acceptance of the improvements.
Upon motion of Council Member ________________, seconded by Council Member
_________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2020.
____________________________________
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, on __________________.
____________________________________
Teresa Purrington
City Clerk
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Item 10
R _____
RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE COMPLETED
PUBLIC IMPROVEMENTS OF TRACT 3095; CERTIFYING THE
COMPLETED PRIVATE SUBDIVISION IMPROVEMENTS OF TRACT
3095; RELEASING THE SECURITIES FOR THE COMPLETED
PORTIONS OF TRACT 3095; AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO ACCEPT THE REMAINING IMPROVEMENTS
AND TO RELEASE THE REMAINING SECURITIES ONCE ALL THE
IMPROVEMENTS ARE DEEMED COMPLETE
WHEREAS, the City Council made certain findings concerning Tract 3095, as prescribed in
Resolution No. 10773 (2017 Series); and
WHEREAS, the City Council approved the final map for Tract 3095 per Resolution No.
10977 (2019 Series); and
WHEREAS, the subdivider has satisfactorily completed the majority of the required
public improvements in accordance with City standards, specifications, and the subdivision
agreement; and has requested that the City accept of these public improvements for maintenance
and operation by the City; and
WHEREAS, the subdivider has satisfactorily completed the majority of the private
improvements in accordance with City standards, specifications and the approved plans, and has
requested that the City certify completion of these private improvements; and
WHEREAS, the subdivider has on file the appropriate securities to guarantee the completion
of the remaining subdivision improvements as shown on the approved plans.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby accepts the public improvements, including utility
installation, for Tract 3095 except for the final street paving which is currently under staff review, and
the installation of one streetlight which has not yet been energized.
SECTION 2.The City Council hereby certifies completion of the required private
subdivision improvements within the Tract 3095 boundary.
SECTION 3.The Faithful Performance securities guaranteeing completion of the on-site
and off-site public improvements may be reduced with the approval of the Director of Public
Works upon submittal of the following items:
1. Progress record drawings for the completed improvements; and
2. Certification by the Engineer of Record for the completion of the public
improvements.
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Resolution No. _______ (2020 Series) Page 2
R _____
SECTION 4.The corresponding Labor & Materials security may be released after 90 days
from the date of acceptance of the improvements in accordance with Section 66499.7(h) of the
California Government Code.
SECTION 5.The Director of Public Works is hereby authorized to accept the remaining
improvements and to release the remaining securities on behalf of the City Council once the work
is completed to the City’s satisfaction.
SECTION 6.The security guaranteeing the workmanship and materials may be released
by the Director of Public Works upon the successful completion of the 12-month warranty time
period from the date of acceptance of the improvements.
Upon motion of Council Member ________________, seconded by Council Member
_________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2020.
____________________________________
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, on __________________.
____________________________________
Teresa Purrington
City Clerk
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Item 10
R _____
RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE COMPLETED
PUBLIC IMPROVEMENTS OF TRACT 3111; RELEASING THE
SECURITIES FOR THE COMPLETED PORTIONS OF TRACT 3111; AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT
THE REMAINING IMPROVEMENTS AND TO RELEASE THE
REMAINING SECURITIES ONCE ALL THE IMPROVEMENTS ARE
DEEMED COMPLETE
WHEREAS, the City Council made certain findings concerning Tract 3111, as prescribed in
Resolution No. 10884 (2018 Series); and
WHEREAS, the City Council approved the final map for Tract 3111 per Resolution No.
10995 (2019 Series); and
WHEREAS, the subdivider has satisfactorily completed the required public improvements
in accordance with City standards, specifications, and the subdivision agreement; and has
requested that the City accept of these public improvements for maintenance and operation by the
City; and
WHEREAS, the subdivider has on file the appropriate securities to guarantee the completion
of the remaining subdivision improvements as shown on the approved plans.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby accepts the public improvements, including utility
installation, for Tract 3111.
SECTION 2.The Faithful Performance securities guaranteeing completion of the on-site
and off-site public improvements may be reduced with the approval of the Director of Public
Works upon submittal of the following items:
1. Progress record drawings for the completed improvements; and
2. Certification by the Engineer of Record for the completion of the public
improvements.
SECTION 3.The corresponding Labor & Materials security may be released after 90 days
from the date of acceptance of the improvements in accordance with Section 66499.7(h) of the
California Government Code.
SECTION 4.The Director of Public Works is hereby authorized to accept the remaining
improvements and to release the remaining securities on behalf of the City Council once the work
is completed to the City’s satisfaction.
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Item 10
Resolution No. _______ (2020 Series) Page 2
R _____
SECTION 5.The security guaranteeing the workmanship and materials may be released
by the Director of Public Works upon the successful completion of the 12-month warranty time
period from the date of acceptance of the improvements.
Upon motion of Council Member ________________, seconded by Council Member
_________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2020.
____________________________________
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, on __________________.
____________________________________
Teresa Purrington
City Clerk
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Item 10
Department Name: Administration
Cost Center:1005
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By:Robert Hill, Sustainability & Natural Resources Official
SUBJECT:AUTHORIZE A TEMPORARY EXTENSION OF OPEN SPACE EVENING
HOURS OF USE PILOT PROGRAM
RECOMMENDATION
In the absence of recent opportunities to seek City Council direction on next steps for the Open
Space Evening Hours of Use Pilot Program (“Pilot Program”) due to the City’s COVID-19
pandemic emergency response, the following near-term actions are recommended:
1. Approve a Resolution (Attachment A) adopting an Addendum to the previously adopted
Mitigated Negative Declaration for the Project under the California Environmental Quality
Act (Attachment B) and temporarily extending the Pilot Program for one additional season
with no other changes and with all programmatic elements and implementation of mitigation
measures to continue, and
2. Direct staff to return to City Council in April 2021 following the conclusion of the additional
third season of the Pilot Program to receive and file the final summary report and provide
direction regarding any future open space evening hours of use that the City Council may
wish to consider.
DISCUSSION
Background
The City of San Luis Obispo owns and manages over 4,000 acres of open space lands that
feature a trail network totaling over 50 miles for passive recreation purposes. The City’s current
Open Space Regulations allow for passive recreational use of these properties from one hour
before sunrise until one hour after sunset, unless otherwise approved by the Parks and Recreation
Director (SLO Muni Code 12.22; 1998).
On August 16, 2016, in response to public testimony regarding a request for reconsideration of
the City’s published hours of use for open space, a majority of the City Council directed staff to
bring back on a future agenda a project plan for revising the ordinance limiting public access of
the open space from dusk to dawn.
On February 21, 2017, a majority of the City Council voted (4-1) to receive and file the Project
Plan for evaluation of the Open Space hours of use regulations as a Consent Agenda item.
Numerous individuals and interested groups provided written public comments, as well as
testimony at the hearing.
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Item 11
The City Council provided parameters including eliminating from consideration any extended
hours of use at the Bishop Peak Natural Reserve and to consider winter hours up to a level
commensurate with summer hours of use.
On March 21, 2017, the City Council received and filed the staff-prepared report, An Evaluation
of Hours of Use for City of San Luis Obispo Open Space,and conducted a study session to
receive public input and testimony regarding Open Space hours of use and regulations. At that
meeting, a majority of Council members (4-1) directed staff to bring back an approach for
Council consideration that would allow for limited, site specific expanded hours of use,
including the possibility of a pilot program that would allow for additional data to be collected
and the ability to scale back down, if needed.
On January 16, 2018, the City Council approved a two-year pilot program and adopted a
Mitigated Negative Declaration pursuant to the California Environmental Quality Act (Harmon,
Gomez, Rivoire “Yes” and Pease, Christianson “No”: Council Agenda Report and Council
Minutes, January 16, 2018).
Pilot Program at Cerro San Luis Natural Reserve - Winters of 2018-19 and 2019-20
In accordance with Council direction and approval, staff implemented a pilot program at the 118-
acre Cerro San Luis Natural Reserve (the “Reserve”) that included a detailed and specific project
description allowing extended evening hours of use for passive recreational purposes along
approximately 4.9 miles of trails during the winter months when daylight savings time is not in
effect. The Pilot Program took place during the winter season with the change of daylight
savings time for 2018-19 (Sunday, November 4 to Sunday, March 10) and 2019-20 (Sunday
November 3 to Sunday March 8). During these time periods, public use was allowed between
one hour before sunrise until 8:30 PM. At the conclusion of each year of the Pilot Program, the
hours of use for the public returned back to one hour before sunrise through one hour after
sunset.
No change to the City’s existing Open Space Regulations [Municipal Code 12.22, adopted by
Ordinance 1332 § 1 (1998)] was required to implement this limited-duration pilot program over
the course of two winter seasons:
12.22.050(B.):Presence in Open Space Lands Restricted to Certain Hours—No
Overnight Usage. Open space lands where public access is permitted shall be open to the
public from dawn to dusk. It shall be unlawful to enter or remain within such lands
between one hour after sunset and one hour before sunrise of the following day without
approval from the director (emphasis added).
The Pilot Program, therefore, was implemented under the Parks and Recreation Director’s
existing authority to approve additional hours of use pursuant to 12.22.050(B). All other
provisions of the City of San Luis Obispo’s Open Space Regulations remained in effect.
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Item 11
During the course of the Pilot Program, Ranger Service personnel provided oversight and
additional patrol of the Reserve during the published timeframes. Ranger Service and Natural
Resources Program staff also deployed an EcoCounterTM device to track frequency of human use
and hours of use at the Reserve, as well as a new reservation permitting system in order to ensure
that use during expanded hours remained commensurate with existing average daily baseline use
of 65 individuals. Four wildlife game cameras were installed, and field surveys were conducted
by Terra Verde Environmental to monitor and track nocturnal wildlife species composition and
any observable and notable wildlife activity and behavior.
A website-based application, or “App” was developed specifically for the Pilot Program by the
firm iiiDesign and implemented for interested parties to secure the necessary permit for evening
hours of use. A total of 3,160 permits were issued during the 2018-19 season and 2,770 permits
were issued during the 2019-20 season. During both seasons, in general, less than the full
amount of permits available were reserved during the months of November and January through
March. During the holiday season in December, permits were typically fully subscribed, and
Ranger Service had to turn away numerous parties interested in accessing the Reserve at the
trailhead.
The Council Agenda Report from January 16, 2018 stated, “at the conclusion of the pilot
program, staff will prepare a summary report of the pilot program for Council’s consideration,
and at that time would seek further guidance based on the levels of use during the pilot program
and evaluation of the data collected.” Staff have not yet had time or the opportunity to prioritize
the preparation of a concluding two year summary report due to the onset of the COVID-19
pandemic and associated resource impacts while staff continue to serve in their capacity as
Disaster Service Workers; this notably includes the Sustainability & Natural Resources Official’s
role as Liaison Officer within the City’s Emergency Operations Center (EOC).
In consideration of the foregoing, an Addendum to the existing Mitigated Negative Declaration
(MND) has been prepared to allow for a temporary extension of the Pilot Program through
Sunday, March 14, 2021 should the City Council wish to continue the Pilot Program. This will
allow for additional monitoring and experience within the construct of a Pilot Program, while
allowing adequate time to return to the City Council with the summary report and provide an
opportunity to seek further guidance.
Policy Context
The City’s policy framework for open space management expresses a clear preference for natural
resource protection as a primary management goal while allowing passive recreation and other
uses as secondary or tertiary priorities when compatible. The following programs, policies, and
goals from the Conservation and Open Space Element of the City’s General Plan (2006) are
pertinent to the evaluation of the Open Space hours of use issue: 7.0 - Background; 7.2 -
Sustainable natural populations; 7.3.3 - Wildlife habitat and corridors, 8.4.2 - Open Space access
and restoration; 8.5.1 - Public access; 8.5.5 - Passive Recreation; 8.5.6 - Determination of
appropriate uses for City-owned open space; and, Appendix C - Management of Open Space
Lands.
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Item 11
Further discussion of this policy framework can be found in the staff-prepared policy analysis,
An Evaluation of Hours of Use for City of San Luis Obispo Open Space that was included with
the March 21, 2017 City Council Agenda Packet on this item, as well as in the Biological
Resources section of the Mitigated Negative Declaration that was adopted by the City Council on
January 18, 2018.
Public Engagement
Staff conducted public engagement activities in accordance with the project plan and the City’s
Public Engagement and Noticing Manual during the initial process of preparing and designing
the Pilot Program. To better understand stakeholder concerns and preferences, informal
interviews and communications were conducted in February 2017 with the Environmental
Center of San Luis Obispo (ECOSLO), the Santa Lucia Chapter of the Sierra Club, the Land
Conservancy of San Luis Obispo County, Central Coast Concerned Mountain Bikers, SLO Trail
Runners, as well as various individuals. This topic generated considerable public interest during
the course of 2017 as demonstrated by significant levels of written and verbal comments at the
City Council meetings, in print and social media outlets, and with an online petition was
submitted to the City Council. Staff has undertaken recent outreach with the same stakeholder
groups and interested parties in advance of this City Council agenda item.
CONCURRENCE
The Parks and Recreation Department, whose Ranger Service staff would provide continued
monitoring, education, and enforcement as necessary, concur with the recommendations
contained herein.
ENVIRONMENTAL REVIEW
Existing Environmental Review
An Initial Study and Environmental Review was prepared for the proposed pilot program that
concluded that significant impacts on the environment could occur, but those impacts would be
reduced to less than significant with mitigation measures incorporated. Potentially significant
impacts were identified in the area of Biological Resources.
Written public comments received into the record in advance of the October 24, 2017 hearing
included concerns that it is problematic to conclude that potentially significant impacts in the
area of Biological Resources could be mitigated to less than significant levels when our review
of pertinent scientific literature found that the “extent and severity of those impacts is unknown.”
To address this concern, a new mitigation measure, BIO- 4, was introduced to limit visits to the
Reserve to existing average daily baseline levels of 65 individuals during the expanded hours of
use under the Pilot Program through the use of an online permitting system. With the inclusion
of the additional measure, BIO-4, it was concluded that the Pilot Program would not result in
new impacts to biological resources beyond that which is already occurring, even though that
long-standing use had been in violation of the City’s existing regulations [see Fat v. County of
Sacramento (2002) 97 Cal. App. 4th 1270]. Therefore, potentially significant impacts were
characterized as being reduced to less than significant with implementation of a suite of four
mitigation measures that included the new permit system.
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Item 11
Next Steps and Current Environmental Review Process
Daylight savings time ends this year on November 1st and will resume on March 14, 2021. In the
immediate near-term, the City is not in a position to continue the Pilot Program without
subsequent environmental review steps because the project description in the City Council’s
adopted Mitigated Negative Declaration (MND) was specific that this would be a two-year pilot
program with exact dates of implementation indicated. However, an addendum to the existing
MND that simply extends the Pilot Program temporarily, for one year only, with no other
changes, is permissible without recirculating for a 30-day public review period. The City
Council is required to consider and adopt the addendum.
An agency may prepare an addendum to an adopted Negative Declaration if only minor
technical changes or additions are necessary or if none of the conditions triggering a
subsequent Negative Declaration are present. An addendum need not be circulated for
public review but can be included in or attached to the adopted Negative Declaration.
The decision-making body shall consider the addendum with the Negative Declaration
before making a decision on the project. A brief explanation supported by substantial
evidence justifying the decision not to prepare subsequent Negative Declaration or EIR
should be included in the addendum or elsewhere in the record. (CEQA Deskbook;
CEQA Guidelines, Section 15164).
In summary, circumstances that would trigger a subsequent review include: substantial changes
to the project description; new circumstances or evidence in the record that indicate the severity
of impacts would substantially increase; new information of substantial importance, including
new identified impacts or mitigation measures are found to not be feasible; or, new mitigation
measures are identified that would substantially reduce impacts (CEQA Guidelines, Section
15162). It does not appear that any of the conditions that would trigger a subsequent review are
present and an addendum is appropriate.
FISCAL IMPACT
Budgeted: No Budget Year: 2020-21
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $6,000 $6,000
State
Federal
Fees
Other:
Total $6,000 $6,000
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Item 11
Direct fiscal impacts associated with the Pilot Program have been relatively minor consisting of
expenditures and purchasing of new field equipment, printing costs for the new educational
materials and signs, biological surveys, and implementation of reservation-based permit system.
To continue the Pilot Program, no further equipment purchases are necessary, and the annualized
costs shown in the table, above, consist of contracting for biological surveys and hosting of the
website for the reservation-based permit program. These costs are supported by the operating
budgets for Ranger Service and Natural Resources Program. It should also be noted that Ranger
Service staff resources would continue to be burdened by the additional oversight, patrol, and
monitoring efforts necessary to conduct the Pilot Program. As a result, available Ranger Service
staff hours and availability for other purposes will be limited.
ALTERNATIVES
Alternatives that the City Council may wish to consider include, but are not limited to:
1.Request that staff provide additional information, analysis, or changes to the
recommended actions herein.
2.Direct staff to take no further action on the Pilot Program this season due to COVID-19
related staffing resource impacts and return to City Council to seek further direction in
early 2021.This would allow staff time to fully prepare for a more robust conversation with
the City Council, although this may result in uncertainty among the public and Ranger
Service would likely still need to provide some level of presence at the trailhead to provide
education and enforcement, if necessary.
3.Direct staff to take no further action on the Pilot Program and discontinue future work
efforts.
Attachments:
a - Draft Resolution
b - Open Space Hours of Use Pilot Program - Addendum to MND 2020-21
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Item 11
R _____
RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AN ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION FOR THE TEMPORARY
EXTENSION OF A PILOT PROGRAM FOR WINTER OPEN SPACE
HOURS OF USE
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 a suite of Open Space properties
totaling approximately 4,000 acres for the primary purpose of protecting natural resources, while
allowing for passive recreation uses where compatible; and
WHEREAS,members of the public provided testimony to the City Council requesting
expanded hours of use in City open space during the winter, and a two-year pilot program for
winter open space hours of use at the City’s Cerro San Luis Natural Reserve was identified
following a Council-directed process; and
WHEREAS,on January 18, 2018, the City Council passed Resolution No. 10858 (2018
Series) approving the pilot program and adopting a Mitigated Negative Declaration of
environmental impact pursuant to the California Environmental Quality Act; and
WHEREAS,an Addendum to the Mitigated Negative Declaration has been prepared to
allow for a temporary extension of the pilot program for one season only with no other changes
and all programmatic elements and mitigation measures to continue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
The City Council hereby adopts a Mitigated Negative Declaration of environmental impact for a
pilot program for winter open space hours of use at Cerro San Luis Natural Reserve based on the
following findings:
1.The pilot program is considered a Project under the California Environmental Quality Act
(CEQA) as defined in Public Resources Code §21065 because it represents an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and because it is an activity
directly undertaken by a public agency.
2.An Initial Study and Environmental Review was prepared for the pilot program that
concludes that significant impacts on the environment could occur, but these impacts will
be reduced to less than significant with mitigation measures incorporated. Potentially
significant impacts were identified in the area of Biological Resources. These potentially
significant impacts are reduced to less than significant with the incorporation of
mitigation measures and, therefore, the City Council adopted a Mitigated Negative
Declaration on January 18, 2018 by Resolution No. 10858 (2018 Series).
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Resolution No. _____ (2020 Series) Page 2
R ______
3.An Addendum to the Mitigated Negative Declaration has been prepared in order to allow
for a temporary extension of the pilot program for one season only with no other changes
and all programmatic elements and mitigation measures to continue. An Addendum is
the appropriate document under CEQA Guidelines §15164(b) because “only minor
technical changes or additions are necessary”and none of the conditions described in
§15162 calling for the preparation of a subsequent environmental review have occurred.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
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, on _______________________.
____________________________________
Teresa Purrington
City Clerk
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ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR THE
CITY OF SAN LUIS OBISPO’S OPEN SPACE WINTER HOURS OF USE PILOT
PROGRAM
NOVEMBER 2020
A. INTRODUCTION
This document is an Addendum to the Mitigated Negative Declaration (“MND”) for the City of
San Luis Obispo’s Open Space Winter Hours of Use Pilot Program (“Pilot Program”). The MND
was adopted by the City of San Luis Obispo on January 18, 2018, pursuant to City Council
Resolution No. 10858 (2018 Series). The Addendum evaluates a minor change in the project
description, which consists of a temporary extension of the Pilot Program for one season only with
no other changes and with all programmatic elements and mitigation measures to continue.
Because there are no new significant impacts or mitigation measures as a result of this updated
analysis, an Addendum is the appropriate CEQA document, as further described herein.
B. UPDATED PROJECT INFORMATION
In accordance with City Council direction and approval, staff implemented a Pilot Program at the
118-acre Cerro San Luis Natural Reserve (the “Reserve”) that included a detailed and specific
project description allowing extended evening hours of use for passive recreational purposes along
approximately 4.9 miles of trails during the winter months when daylight savings time is not in
effect. The Pilot Program took place during the winter season with the change of daylight savings
time for 2018-19 (Sunday, November 4 to Sunday, March 10) and 2019-20 (Sunday November 3
to Sunday March 8). During these time periods, public use was allowed between one hour before
sunrise until 8:30 PM. At the conclusion of each year of the pilot program, the hours of use for
the public returned back to one hour before sunrise through one hour after sunset.
No change to the City’s existing Open Space Regulations [Municipal Code 12.22, adopted by
Ordinance 1332 § 1 (1998)] was required to implement this limited-duration pilot program over
the course of two winter seasons:
12.22.050(B.):Presence in Open Space Lands Restricted to Certain Hours—No Overnight
Usage. Open space lands where public access is permitted shall be open to the public from
dawn to dusk. It shall be unlawful to enter or remain within such lands between one hour
after sunset and one hour before sunrise of the following day without approval from the
director (emphasis added).
The Pilot Program, therefore, was implemented under the Parks and Recreation Director’s existing
authority to approve additional hours of use pursuant to 12.22.050(B). All other provisions of the
City of San Luis Obispo’s Open Space Regulations remained in effect.
During the course of the Pilot Program, Ranger Service personnel provided oversight and
additional patrol of the Reserve during the published timeframes. Ranger Service and Natural
Resources Program staff also deployed an EcoCounterTM device to track frequency of human use
and hours of use at the Reserve, as well as a new reservation permitting system in order to ensure
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that use during expanded hours remained commensurate with existing average daily baseline use
of 65 individuals. Four wildlife game cameras were installed, and field surveys were conducted by
Terra Verde Environmental to monitor and track nocturnal wildlife species composition and any
observable and notable wildlife activity and behavior.
C. PREVIOUS CEQA DOCUMENTATION
The City Council adopted the MND and approved the Pilot Program on January 18, 2018, pursuant
to City Council Resolution No. 10858 (2018 Series). A Notice of Determination (NOD) was
prepared and filed, and there were no legal challenges to the adequacy of the MND during the 30-
day statute of limitations associated with the NOD, pursuant to CEQA (PRC Section 21167 and
CEQA Guidelines Section 15094). The MND concluded that potentially significant impacts to
Biological Resources could occur but would be less than significant with mitigation measures
incorporated. These measures are as follows:
BIO-1 Wildlife Monitoring and Adaptive Management.City staff and biological
consultants shall conduct regular, weekly monitoring and evaluation of both human use
and wildlife use of the Reserve. This will be done by deploying an EcoCounterTM device
to track frequency of human use and hours of use at the Reserve, as well as four wildlife
game cameras (Bushnell or similar model), cover boards, detection equipment such as a
bat detector (Petterson D500x), and field surveys to monitor and track nocturnal wildlife
composition, activity, and behavior. Regular evening patrols of the trails within the Reserve
by Ranger Service staff will also provide anecdotal observations.
BIO-2 Wildlife Water Sources.The Reserve features a developed spring proximate to the
historic Lemon Grove. This spring will be used to gravity feed water to two wildlife-
friendly “guzzlers,” or troughs, while still returning flow to the natural drainage path of the
spring. This will provide additional watering sources that will benefit wildlife by
decreasing the level of energy required to find water and decreasing competition among
different species for water.
BIO-3 Public Information and Education Materials.City staff shall develop additional
information and educational materials for the public that is specific to this pilot program.
These materials will re-iterate the City’s rules and regulations in effect, as well as highlight
the sensitivity of evening use and potential for wildlife interactions and impacts. These
informational materials will be available on the City’s website, on the main kiosk at the
entrance of the Reserve, and on pamphlets that can be handed out or placed in a rack on
the kiosk.
BIO-4 Evening Use Permitting System.City staff shall develop an online internet-based
permitting system in order to ensure that evening use (from one hour after sunset until 8:30
PM) during the pilot program period is kept at or below existing average daily baseline use
of 65 individuals. Individuals will be required to have evidence that they have the required
permit in their possession. Individuals that are stopped by Ranger personnel and do not
possess a permit will be subject to citation under municipal code section 12.22.050(B).
The status of implementation of these mitigation measures is as follows:
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1. Wildlife surveys were conducted by qualified biologists with the firm Terra Verde
Environmental on October 29, 2018, December 5, 2018, January 24, 2019, and February
28, 2019 during the course of the first season of the Pilot Program, and ongoing monitoring
and patrol by Ranger Service staff continued throughout the Pilot Program. Wildlife game
cameras were deployed and monitored by Ranger Service staff and regularly checked for
data collection. Observed wildlife species included barn owl, great-horned owl, sharp-
shinned hawk, deer, coyote, woodrats, and mice. An EcoCounterTM device that uses
infrared technology to capture use data was installed at the Marsh Street trailhead in a
location chosen to capture single users at a time (as opposed to multiple hikers or bikers
together).
2. Two wildlife watering stations, or guzzlers, were installed by Ranger Service staff
proximate to the Lemon Grove and the eucalyptus grove, together with remote-sensing
wildlife game cameras. Wildlife species observations captured on the City’s cameras have
been similar in composition to that observed by Terra Verde Environmental during their
field work.
3. Public information and educational materials were prepared and installed at the Marsh
Street trailhead kiosk by Ranger Service staff, including a new “Winter Evening Access”
panel, as well as clear postings for allowable hours of use and the need to use the permit
system.
4. A website-based application, or “App” was developed specifically for the Pilot Program
by the firm iiiDesign and implemented for interested parties to secure the necessary permit
for evening hours of use. A total of 3,160 permits were issued during the 2018-19 season
and 2,770 permits were issued during the 2019-20 season. During both seasons, in general,
less than the full amount of permits available were reserved during the months of
November and January through March. During the holiday season in December, permits
were typically fully subscribed and Ranger Service had to turn away numerous parties
interested in accessing the Reserve at the trailhead.
D. ADDENDUM REQUIREMENTS
The Addendum has been prepared in accordance with the relevant provisions of the California
Environmental Quality Act (CEQA) of 1970 (as amended) and the State CEQA Guidelines as
implemented by the City of San Luis Obispo. According to §15164(b) of the State CEQA
Guidelines, an Addendum to an adopted negative declaration is the appropriate environmental
document in instances when “only minor technical changes or additions are necessary or none of
the conditions described in Section 15162 calling for the preparation of a subsequent negative
declaration have occurred”. Section 15162(a) of the State CEQA Guidelines states that no
subsequent Negative Declaration shall be prepared for a project unless the lead agency determines,
on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or Negative Declaration due to the involvement of
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new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the previous EIR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects; or
(3) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
previous EIR or Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed
in the previous EIR or Negative Declaration;
(B) Significant effects previously examined will be substantially more
severe than shown in the previous EIR or Negative Declaration;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible, and would substantially reduce one or
more significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR or Negative Declaration
would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation
measure or alternative.
This Addendum does not require circulation because it does not provide significant new
information that changes the adopted MND in a way that deprives the public of a meaningful
opportunity to comment upon a substantial adverse environmental effect of the project or a feasible
way to mitigate or avoid such an effect.
This Addendum includes this introduction and a description of the proposed actions addressed in
the Addendum as they related to the previously approved project.
The CEQA documentation for this project, including this Addendum and the adopted MND, are
available for review on the City’s website at www.slocity.org.
E. REASONS WHY AN ADDENDUM IS APPROPRIATE
Subsequent to the approval of the Pilot Project and the adoption of the MND, the City of San Luis
Obispo proceeded to implement the Pilot Program over the course of two winter seasons when
daylight savings time was not in effect. In considering the temporary extension of the Pilot
Program for one additional season, with no other changes and with all programmatic elements and
mitigation measures to continue, it does not appear that any of the conditions described in CEQA
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Guidelines 15162 are present. No substantial changes to the project resulting in new significant
impacts are proposed; no substantial changes with respect to the circumstances under which the
project is undertaken have occurred that would result new significant environmental effects or
increase the severity of previously identified significant effects; no new information of substantial
importance has been brought forward and mitigation measures have been feasibly implemented;
and, no new mitigation measures that reduce significant effects have been identified.
The temporary extension of the Pilot Program does not materially change the findings and
conclusions of the MND, making a supplemental environmental review unnecessary pursuant to
Section 15162 of the CEQA Guidelines.
F. DETERMINATION
In accordance with Section 15164 of the CEQA Guidelines, the City of San Luis Obispo (City)
has determined that this Addendum to the adopted MND is necessary to temporarily extend the
Pilot Program for one additional season because the project description contained in the adopted
MND was specific as to the date ranges for implementation. The City has reviewed and considered
the information contained in this Addendum and finds that the preparation of subsequent CEQA
analysis that would require public circulation is not necessary or required.
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Department Name: Community Development
Cost Center:4008
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:NA
FROM: Michael Codron, Community Development Director
Prepared By:Rachel Cohen, Associate Planner
SUBJECT:AUTHORIZATION TO SUBMIT AN APPLICATION FOR REGIONAL
EARLY ACTION PLANNING (REAP) GRANTS PROGRAM
RECOMMENDATION
Approve a Resolution (Attachment A) authorizing an application for and entering into
agreements regarding Regional Early Action Planning (REAP) grant funds (Attachment B).
DISCUSSION
Background
On February 27, 2020, the California Department of Housing and Community Development
(Department) released a Notice of Funding Availability (NOFA) for approximately
$118,750,000 as part of the Regional Early Action Planning Grant Program (REAP). REAP is
made available as a portion of the Local Government Planning Support Grants Program pursuant
to Chapter 3.1 of Health and Safety Code (Sections 50515 to 50515.05) (Chapter 159, Statutes of
2019). The principal goal of REAP is to make funding available to Councils of Governments
(COGs) and other regional entities for the preparation, adoption, and implementation of plans
and processes that accelerate housing production and facilitate compliance in implementing the
sixth cycle of the Regional Housing Needs Allocation (RHNA).
REAP is part of the broader Program formerly known as the Local Government Planning
Support Grants Program, which was established as part of the 2019-20 Budget Act. The 2019-20
Budget Act provides a spectrum of support, incentives, resources and accountability to meet
California’s housing goals. Some specific elements include:
•Planning Support (local and regional planning grants)
•Incentives (Pro-housing preference and infill incentive grants)
•Funding Resources
•Accountability (penalties for noncompliant housing plans)
•Reform (collaborative processes to reform regional housing needs)
The Local Government Planning Support Grants Program provides one-time grant funding to
regions and jurisdictions for technical assistance, preparation and adoption of planning
documents, and process improvements. The over-arching goals of the Program are to (1)
accelerate housing production; and (2) facilitate compliance to implement the sixth cycle of the
regional housing need assessment (RHNA).
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The program provides grants through a non-competitive, over-the-counter process to eligible
local governments that have met specific requirements. The City of San Luis Obispo is eligible
for funding as it has met these specific requirements.
One of the required attachments in the REAP Application (Attachment A) is to provide a signed
resolution (Attachment B) authorizing application for, and receipt of funds. Unlike another
recent Local Government Planning Support Grant that the City has applied for (LEAP), REAP
funding is provided through California Central Coast’s Council of Government. California
Central Coast’s Council of Governments includes: Association of Monterey Bay Area
Governments (AMBAG), Council of San Benito County Governments (SBCOG), Santa Barbara
County Association of Governments (SBCAG) and San Luis Obispo Council of Governments
(SLOCOG).A multiagency group comprising of representatives from each of these region’s five
counties were chosen to administer approximately $8 million in housing planning funds
dedicated to the Central Coast region. AMBAG was selected to serve as the fiscal agent of the
group and will allocate the housing planning funds to SLOCOG to be distributed within San Luis
Obispo County. As such, representatives from both AMBAG and SLOCOG must also sign the
attached resolution (Attachment B) and will do so after Council has approved and signed.
Policy Context
Seeking alternative funding sources and applying to available grant opportunities is a theme
commonly referenced throughout the City’s Housing Element. HE Goal 6 is Housing Production,
which specifically states “Plan for new housing to meet the full range of community housing
needs.” HE Program 6.20 states, “Continue to financially assist in the development of housing
affordable to extremely-low, very-low, low or moderate income households during the planning
period using State, Federal and local funding sources, with funding priority given to projects
that result in the maximum housing benefits for the lowest household income levels.”
Housing Element Goal 6 and Program 6.20 align with the purpose of the REAP grant, as it is
intended to help local governments accelerate housing production. City staff is currently
reviewing ways in which the funding can be used for infrastructure planning necessary to support
new housing and new residents or implementing new programs outlined in the Housing Element
Update, such as updating the Subdivision Regulations or development of the Missing Middle
Housing program.
Additionally, the Financial Management Manual, Section 740, Grant Management Policy,
discusses the importance of grant programs in accomplishing City goals and objectives. It also
outlines that Council is to approve all grant applications in excess of $5,000 and delegate receipt
and contract execution to the City Manager if delegation is allowed by the grantor agency.
Public Engagement
As this is authorization to apply for grant funding, no public engagement is required. However, if
the City is awarded funds for program(s) to support future housing production, public
engagement may be required.
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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. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 20220-21
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total
Grant Funding
General Fund
State $283,003
Federal
Fees
Other:
Total $283,003
The California Central Coast’s Council of Governments determined available funding allocations
for public jurisdictions based on population size. The City of San Luis Obispo is eligible to
receive $283,003. City staff intends on applying for all $283,003. If awarded, this grant will have
a positive fiscal impact, as it will reduce the fiscal burden on the General Fund to fund
infrastructure planning or implementation of Housing Element programs.
ALTERNATIVES
1.Continue the recommendation to a later meeting.This alternative is not recommended as
the funding will be available early 2021, which would allow City staff to begin
reimbursement for infrastructure planning or implementation of Housing Element update
programs.
2.Deny the recommendation.The Council may deny staff’s recommendation to apply for grant
funding, based on findings of inconsistency with City policies and other applicable City
regulations.
Attachments:
a - Draft Resolution
b - Regional Early Action Planning Grant Application
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING AN APPLICATION FOR AND
ENTERING INTO AGREEMENTS REGARDING REGIONAL EARLY
ACTION PLANNING (REAP) GRANT FUNDS
WHEREAS, Governor Gavin Newsom signed Assembly Bill 101 in September 2019,
which established the Local Government Planning Support Grants Program that allocates $125
million in housing planning funds to regional entities throughout the state; and
WHEREAS, the California Department of Housing and Community Development (HCD)
has been assigned as the state agency overseeing this program; and
WHEREAS,the provisions of AB 101 require the California Central Coast’s Councils of
Government form a multiagency group comprising of three representatives from each of the
region’s five counties to administer approximately $8 million in housing planning funds dedicated
to the Central Coast region (the “Housing Planning Funds”); and
WHEREAS, the Central Coast Housing Working Group has been established as the
multiagency working group to administer a portion of the Housing Planning Funds pursuant to AB
101; and
WHEREAS, the Association of Monterey Bay Area Governments (AMBAG) will serve
as the fiscal agent of the Central Coast Housing Working Group; and
WHEREAS, AMBAG will use three percent of the AB 101 Central Coast Regional
Funding to administer the mega regional grant program, staff the Central Coast Housing Working
Group, and provide required reporting and oversight of the grant program from 2020 to 2024; and
WHEREAS, AMBAG will allocate a portion of AB 101 Housing Planning Funds to the
four COGs in the Central Coast area: AMBAG, the San Luis Obispo Council of Governments
(SLOCOG), the Santa Barbara County Association of Governments (SBCAG), and the Council of
San Benito County Governments (SBCOG); and
WHEREAS, the City of San Luis Obispo is eligible to submit a request for allocation of a
portion of the Housing Planning Funds from AMBAG; and
WHEREAS, the amount allocated to AMBAG is based on the allocation method approved
by the Central Coast Housing Working Group; and
WHEREAS, the amounts allocated to City of San Luis Obispo will be based on the
allocation method approved by AMBAG; and
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Resolution No. _____ (2020 Series) Page 2
R ______
WHEREAS, AMBAG shall approve allocation requests subject to the terms and
conditions of eligibility, guidelines, Notices of Funding Availability, and program requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1.The City of San Luis Obispo is hereby authorized to request an allocation
not to exceed $283,003 from the Association of Monterey Bay Area Governments which acts on
behalf of the Central Coast Housing Working Group to administer the AB 101 Central Coast
Regional Early Action Planning (REAP) Grant Funding.
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Resolution No. _____ (2020 Series) Page 3
R ______
SECTION 2.The City of San Luis Obispo is hereby authorized to enter into necessary
agreements, and take further actions as may be necessary to give effect to this resolution, such as
executing amendments to the grant application or grant agreements and approving the funding
application with AMBAG and SLOCOG for REAP grant funding.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ____ day of _____________ 2020.
____________________________________
Mayor Heidi Harmon
ASSOCIATION OF MONTEREY BAY
CITY OF SAN LUIS OBISPO: AREA GOVERNMENTS:
________________________________ ____________________________________
Derek Johnson, City Manager Maura F. Twomey, Executive Director
Association of Monterey Bay Area Governments
ATTEST: SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS:
_________________________________ ____________________________________
Teresa Purrington, City Clerk Pete Rodgers, Executive Director
San Luis Obispo Council of Governments
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, on _____________________________.
____________________________________
Teresa Purrington, City Clerk
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Regional Early Action Planning (REAP) Suballocation Grant Application
Deadline: December 9th, 2020
The applicant is applying to the Association of Monterey Bay Area Governments (AMBAG) for a grant
authorized under the Regional Early Action Planning Grants (REAP) provisions pursuant to Health and Safety
Code Sections 50515 to 50515.05. The grant is to be used for technical assistance, preparation, and adoption
of planning documents and process improvements to accelerate housing production and facilitate compliance
to implement the sixth cycle of the regional housing needs allocation. In order to be considered for funding, all
sections of this application, including attachments, must be complete and accurate.
All applicants must submit the following to AMBAG by December 9, 2020 in order to be considered for the
award:
1. A completed application
2. A fully executed resolution authorizing application for, and receipt of funds (see Attachment 1 for
template resolution).
3. A fully executed Government Agency Taxpayer ID Form (see Attachment 2).
All applications must be submitted electronically to AMBAG by email to phierling@ambag.org and copied to
Sara Sanders at ssanders@slocog.org. No hard copies will be accepted.
Contact:
If you have questions regarding this application or REAP, contact Paul Hierling at phierling@ambag.org or 831-
264-5092.
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Regional Early Action Planning (REAP) Suballocation Grant Application
1
San Luis Obispo Council of Governments (SLOCOG) Jurisdiction Funding:
On June 3rd, 2020, the SLOCOG Board of Directors directed staff to allocate REAP funds to jurisdictions
throughout the SLOCOG region based on the jurisdiction’s proportion of the most recent Regional Housing
Needs Allocation (RHNA) allocation. Jurisdictions are eligible for the following amounts:
Jurisdiction Grant Amount Available
Arroyo Grande $ 104,053
Atascadero $ 104,053
Paso Robles $ 152,003
Grover Beach $ 78,643
Morro Bay $ 78,643
Pismo Beach $ 78,643
San Luis Obispo $ 283,003
County of San Luis Obispo $ 283,003
A. Applicant Information
Complete the following Applicant information
Agency Name
Agency Type
Applicant’s Mailing Address
City
State California Zip Code
County
Website
Authorized Representative Name
Authorized Representative Title
Phone Fax
Email
Contact Person Name
Contact Person Title
Phone Fax
Email
Grant Amount $
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Regional Early Action Planning (REAP) Suballocation Grant Application
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B. Threshold Requirements
All applicants must meet all of the following threshold criteria to be eligible for an award.
1. Does the application demonstrate a nexus to accelerating housing
production?
Yes No
2. Does the application include a completed and signed resolution
See attachment 1, “Template Resolution” Yes No
3. Does the address on the Government Agency Taxpayer ID Form
exactly match the address listed above?
See attachment 2, “Government Agency Taxpayer ID Form”
Yes No
As the official designated by the governing body, I hereby certify that if approved by AMBAG for a
suballocation of funding through the Regional Early Planning Program (REAP), the [Insert Agency Name Here]
assumes the responsibilities specified in this application and certifies that the information statements and
other content contained in this application are true and correct.
Signature: ________________________________ Name: ___________________________________________
Date: _____________________Title: ___________________________________________________________
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3
C. Eligible Activities Checklist
Check at least one or more eligible project activity.
Accommodating development of housing and infrastructure that accelerates housing
production that aligns with state planning priorities, housing, transportation, equity, and
climate goals
Implementing sustainable communities strategies related to housing planning and
accelerating housing production
Establishing Prohousing Policies pursuant to Government Code section 65589.9
Providing technical assistance in improving housing permitting processes, tracking systems,
and planning tools
Establishing regional or countywide housing trust funds for affordable housing (e.g. planning
activities and processes, guidelines, charters)
Performing infrastructure planning, including sewers, water systems, transit, roads, or other
public facilities necessary to support new housing and new residents
Performing feasibility studies to determine the most efficient locations to site housing
consistent with Government Code sections 65040.1 (State Planning Priorities) and 65080
(Regional Transportation Plans)
Covering the costs of temporary staffing or consultant needs associated with eligible activities
Covering the cost of technical assistance, planning, temporary staffing, or consultant needs
associated with updating local planning and zoning documents, expediting application
processing, and other actions to accelerate additional housing production
Reimbursing the cost of approved and eligible costs incurred for work after October 1, 2019
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Regional Early Action Planning (REAP) Suballocation Grant Application
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D. Project Description
Provide a description of the project scope and tasks including a description of the project’s impact on
accelerating housing production. Indicate how your project addresses regional housing issues that affect the
Central Coast. Include whether plans will be adopted. If consultants will be used, identify what tasks they will
be responsible for. Use Appendix A if additional space is needed.
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E. Project Timeline and Budget
Include tasks, budget amounts, dates and deliverables. Indicate what tasks will be completed by consultant, and
include dates for draft and final deliverables if applicable. Budget must account for full amount the jurisdiction
is eligible to apply for. Include project location if different from applicant’s mailing address. All tasks and
spending must be completed by November 1, 2023.
Project Title:
Task Budget Start
Date
End
Date Description and Deliverables
Total:
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Attachment 1: Template Resolution
A RESOLUTION
OF THE BOARD OF DIRECTORS OF THE
[INSERT APPLICANT AGENCY NAME HERE]
TO APPROVE
APPLYING FOR AND ENTERING INTO AGREEMENTS
FOR THE REGIONAL EARLY ACTION PLANNING GRANT
RECITALS
WHEREAS, Governor Gavin Newsom signed Assembly Bill 101 in September 2019, which
established the Local Government Planning Support Grants Program which allocates $125 million
in housing planning funds to regional entities throughout the state; and
WHEREAS, the California Department of Housing and Community Development (HCD) has been
assigned as the state agency overseeing this program; and
WHEREAS, the provisions of AB 101 require the California Central Coast’s Councils of Government
form a multiagency group comprising three representatives from each of the region’s five
counties to administer approximately $8 million in housing planning funds dedicated to the
Central Coast region; and
WHEREAS, the Central Coast Housing Working Group has been established as the multiagency
working group to administer these funds pursuant to AB 101; and
WHEREAS, the Association of Monterey Bay Area Governments (AMBAG) will serve as the fiscal
agent of the Central Coast Housing Working Group and will staff the group; and
WHEREAS, AMBAG will use three percent of the AB 101 Central Coast regional funding to
administer the mega regional grant program, staff the Central Coast Housing Working Group,
provide required reporting, and provide oversight of the grant program from 2020 to 2024; and
WHEREAS, AMBAG will allocate AB 101 housing planning funds to the four COGs in the Central
Coast area: AMBAG, the San Luis Obispo Council of Governments, the Santa Barbara County
Association of Governments, and the Council of San Benito County Governments; and
WHEREAS, the [insert Grantee Agency name here] is eligible to submit a request for allocation
for a portion of Central California AB 101 housing planning funds from AMBAG; and
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Item 12
Regional Early Action Planning (REAP) Suballocation Grant Application
WHEREAS, the amounts allocated to the Association of Monterey Bay Area Governments
(AMBAG) are based on the allocation method approved by the Central Coast Housing Working
Group; and
WHEREAS, the amounts allocated to [insert Grantee Agency name here] will be based on the
allocation method approved by AMBAG; and
WHEREAS, AMBAG shall approve allocation requests subject to the terms and conditions of
eligibility, guidelines, Notices of Funding Availability, and program requirements.
THEREFORE, BE IT RESOLVED:
1. The [insert Grantee Agency name here] is hereby authorized to request an allocation not to
exceed $ [Amount] from the Association of Monterey Bay Area Governments which acts on
behalf of the Central Coast Housing Working Group, and
2.The [insert Grantee Agency name here] is hereby authorized to enter into agreements, and
take further actions as may be necessary to give effect to this resolution, such as executing
amendments and approving funding applications with the Association of Monterey Bay Area
Governments and [insert local Council of Governments name here] for REAP grant funding.
__________________________________
Maura F. Twomey
Executive Director
Association of Monterey Bay Area Governments
__________________________________
Pete Rodgers
Executive Director
The San Luis Obispo Council of Governments
__________________________________
Name
[Insert title of Council/Board Chair/Supervisor]
Grantee Agency
__________________________________
Name
[Insert title of Executive Director/City Manager/CAO of Applicant Grantee Agency]
Grantee Agency
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Item 12
Financial Information System for California (FI$Cal)
GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
The principal purpose of the information provided is to establish the unique identification of the government entity.
Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a
different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the
form to sign prior to submittal. You may email the form to: vendors@fiscal.ca.gov, or fax it to (916) 576-5200, or mail it to the address above.
Principal
Government
Agency Name
Remit-To
Address (Street
or PO Box)
City State Zip Code+4
Government Type:City County Federal
Employer
Identification
Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same
FEIN and receives payment from the State of California.
Dept/Division/Unit
Name Complete
Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name Complete
Address
Contact Person
Phone number
Signature
Special District
Other (Specify)
Federal
Title
Email Address
Date
Attachment 2: Government Agency Taxpayer ID Form
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Item 12
Regional Early Action Planning (REAP) Suballocation Grant Application
Appendix A
Use this area for additional information if necessary.
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Item 12
Department Name: Administration
Cost Center:1001
For Agenda of:November 17, 2020
Placement:Business
Estimated Time:30 Minutes
FROM: Derek Johnson, City Manager
Prepared By:Victoria Tonikian, Interim Executive Assistant to the City Manager / Fiscal
Officer
SUBJECT:CONSIDERATION OF THE DIVERSITY, EQUITY AND INCLUSION TASK
FORCE RECOMMENDATIONS OF GRANT FUNDING TO HIGH-IMPACT
DE&I PROGRAMS
RECOMMENDATION
1. As recommended by the Diversity, Equity and Inclusion Task Force approve the 2020-21
Notice of Funding Availability for High-Impact DE&I programs grant funding allocations in
the amount of $109,800 (Attachment A); and
2.Authorize the City Manager to execute agreements with each grant recipient.
DISCUSSION
Background
At the July 7, 2020 City Council meeting, Council approved the creation of a Diversity, Equity,
and Inclusion Task Force (DEI-TF) as part of a wider effort to help make the City an inclusive
and safe community for everyone. The DEI-TF is comprised of 11 SLO County residents and
Council Member Erica A. Stewart with staff support from City Manager Derek Johnson and
consultants Dale Magee and Beya Makekau.
The objectives of the DEI-TF are to (Full Objectives and Scope):
1. Support the work of DE&I Providers that support marginalized communities with direct
funding for proven or promising impactful, sustainable projects; and
2. Build a framework / potential scope for a 2021-23 DE&I-focused Major City Goal; and
3. Provide recommendations on the role and function of the Human Relations Commission
in relation to DE& I efforts.
Notice of Funding Availability for High-Impact DE&I Programs (DEI NOFA)
As highlighted above, one of the main objectives of the DEI-TF is to support the work of DE&I
Providers with direct funding for proven or promising projects.
The purpose of the DE&I funding is to enhance the sense of belonging for all people in our
community and support local projects, programs, or initiatives that contribute in creating a San
Luis Obispo that is welcoming, inclusive, equitable, and safe.
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Item 13
This funding is focused on narrowing equity gaps that have disproportionately impacted
marginalized communities. These gaps include, but are not limited to:
1.Physical and mental health services
2.Education
3.Housing
4.Criminalization
5.Food security
6.Community representation
DEI NOFA Process
In September of 2020, the DEI-TF formally launched the DEI NOFA process by advertising the
availability of $120,000 in grant funds and information regarding timeline and available funds
for application submittals. DEI NOFA applications were due to the City on October 22, 2020.
The City received grant funding requests from 20 agencies requesting funding totaling $640,719,
which amounted to $520,719 more than the available funding. Attachment B includes a summary
of the applications submitted to the City.
DEI-TF Subcommittee Review Process
Due to conflicts of interest, of the 12 DEI-TF members, seven members were eligible to review
request for funding applications. Six members participated on two review subcommittees. Each
subcommittee reviewed a different set of 10 applications.
The DEI-TF convened two subcommittees, each with 3 members, to review grant applications
and made preliminary funding recommendations in the amount of $120,000. The subcommittees
met individually on October 28th and 29th and November 3rd and 4th. The subcommittee
members utilized funding priorities outlined in the DEI NOFA, including serving a significant
population of City residents, to guide their funding recommendations.
Funding Recommendations
On November 5, 2020, the DEI NOFA subcommittees presented preliminary grant
recommendations to the full, eligible DEI-TF at a public hearing. Taskforce Members Campbell,
Kolkailah, Kozler, Velasco-Vargas and Vice Chair Boyer were recused due to conflicts
regarding one or more of the applications. On a vote of 7-0-5 (with five Members recused) the
DEI-TF voted to forward funding recommendations on XX applications for a total amount of
109,800. (Attachment A.
Grant Contracts
Upon Council approval of DEI NOFA funding allocations, the City will enter into a contract
with each organization that has been awarded grant funding. City staff will monitor the contracts
throughout the year.
Previous Council Action
At the July 7, 2020 City Council meeting, the Council approved the creation of a Diversity,
Equity, and Inclusion Task Force as part of a wider effort to help make the City an inclusive and
safe community for everyone. The creation of the DEI-TF highlighted the priority of the City
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Item 13
Council to commit resources to advancing diversity, equity and inclusion throughout the City of
San Luis Obispo.
Public Engagement
Public outreach was conducted via e-notifications, social media, print ad and direct contact
during the application period which was open from September 18, 2020 through October 22,
2020.
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. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-2021
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Annual
Ongoing Cost
Total Project
Cost
General Fund $120,000 $0 $
State
Federal
Fees
Other:
Total $120,000 $0 $
During the adoption of the 2019-21 Financial Plan Supplement and 2020-21 Budget, the City
Council allocated a total of $160,000 towards the advancement of Diversity, Equity, and
Inclusion in the City of San Luis Obispo. Of the $160,000, $120,000 is available to award to the
grant recipients as $40,000 was allocated for Project Management and Expertise related to
Diversity, Equity, and Inclusion efforts at the August 18, 2020 City Council Meeting.
ALTERNATIVES
1. The Council may modify the proposed grant funding amounts.
2. The Council may choose to fund eligible DEI NOFA applications not recommended by the
DEI-TF.
3.The Council may continue consideration of funding for the 2020-21 Fiscal Year. Direction
should be given to staff regarding additional information necessary to make a final funding
decision.
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Item 13
Attachments:
a - Final Funding Recommendations
b - Applications at a Glance
Packet Page 170
Item 13
Organization Program
Requested
Amount
Recommende
d Amount
Recommendation Notes
Literacy for Life General operating funds $10,000 $10,000
Central Coast
Coalition for
Undocumented
Student Success
Community Summit - in SLO
$6,000 $10,200
Increase speaker stipends,
marketing, impact assessment
R.A.C.E. Matters "Belonging 2021" - multimedia
arts experience centered on Black
community, inclusion/action for
all
$27,600 $32,600
Fully fund marketing line item
SLO International
Film Festival
The Change Makers. Film Festival
spotlighting BIPOC filmmakers $7,500 $7,500
$51,100 $60,300
Diversity Coalition
San Luis Obispo
County
Multicultural Center, planning,
early operations
Diversity Education & Training $100,000 $10,000
Fund SLOHS, Laguna MS, potential
SLO City-based education programs.
Fully fund line item
One Cool Earth Garden/Health curriculum
translated into Spanish -SLCUSD
elementary
Family Meal Program for English
Learners
$3,200 $3,200
SLO Noor
Foundation
Free Health & Support Services for
Uninsured BIPOC Residents
$13,100 $20,000
Fully fund public awareness
campaign; add radio, increase
marketing, outreach methods;
increase lab, diagnostics
SLO Repertory
Theater
Yr-long series of productions, ed
programming, centered on
increasing access, diversity, equity,
justice
$10,000 $16,300
Fully fund BIPOC inclusion
initiatives, items #1-#5
Subcommittee #2 Total $126,300 $49,500
$109,800TOTAL of Preliminary Recommendations
Subcommittee #1 Total
Subcommittee #2
2020-21 DEI Requests for Funding
Subcommittee Preliminary Recommendations to Task Force
Total Budget = $120,000
Subcommittee #1
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Item 13
DEI HIGH IMPACT GRANT FUNDING - APPLICATIONS AT A GLANCE – October 2020
$120,000 available
APPLICANT PROJECT AMNT REQ
Big Brothers Big Sisters of SLO County Bigs in Blue/ Bigs in Badges $50,681
Central Coast Coalition for
Undocumented Student Success
Undocumented Community Summit $6,000
Community Action Partnership SLO Co
(CAPSLO)
DEI / Wellness Training for Adult & Teen Staff –
Adult & Teen-led
$30,000
Diversity Coalition SLO County -Multicultural Center
-Diversity Education & Training Program
$100,000
French Hospital Medical Center Foundation Bilingual Lay Patient Navigator Program $25,000
Jewish Community Center Federation SLO Jewish Film Festival $4,000
Literacy for Life Literacy Program $10,000
Mozart Fest /Festival Mozaic Summer Festival: Family & Midday Concerts $5,000
One Cool Earth Inclusive Garden Education
Family Meal Program
$3,200
Peace Academy of the Sciences & Arts Enrichment Programs $35,000
R.A.C.E. Matters BELONGING 2021 – multimedia arts experience $27,600
Restorative Partners Restorative Conferencing $53,038
SLO Child Development Resource Center -Therapeutic education for ages 2-6
-Mental health services to families
$10,000
SLO Climate Coalition Holistic Climate Justice Directory $12,600
SLO International Film Festival The Change Makers – film festival spotlighting
BIPOC filmmakers
$7,500
SLO Noor Foundation Free Health & Support Services for Uninsured
BIPOC Residents
$13,100
SLO Partners/SLOCOE STEM apprenticeships + scholarships for
Women/ethnic Minorities
$120,000
SLO Repertory Theater Bringing BIPOC Voices & Stories to SLO Rep &
Community
$10,000
Transitions-Mental Health Association -Scholarship/Ed Asst for Staff from Underserved
Communities
-Internal DEI Audit
$18,000
United Way Equity, Diversity, Inclusion Initiative - Staffing $100,000
20 Applications Received
TOTAL FUNDS REQUESTED $640,719
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Item 13
Department Name: Finance
Cost Center:2002
For Agenda of:November 17, 2020
Placement:Business
Estimated Time:60 minutes
FROM: Brigitte Elke, Finance Director
Prepared By:Natalie Harnett, Principal Budget Analyst
SUBJECT:SETTING THE STAGE: RECEIVE A STATUS UPDATE FOR THE 2019-21
GOAL SETTING AND FINANCIAL PLAN PROCESS
RECOMMENDATION
Receive and discuss the following background information in preparation for the 2021-23 goal-
setting and Financial Plan process:
1. FY 2020-21 1
st quarter report (Attachment A); and
2. Status of the 2020-21 Adopted Meta Goal and the original Major City Goal components
(Attachment B - Will be provided as Agenda Correspondence); and
3. General Plan and Climate Action Plan Update (Attachments C & D);and
4. Setting the stage framework including core services and a scan of strategic indicators for all
major funds.
REPORT-IN-BRIEF
The City of San Luis Obispo utilizes a two-year financial planning process to create its budgets.
This process includes extensive public outreach to assist the City Council in establishing Major
City Goals. The benefits of this process are two-fold: 1) it ensures that resources are provided in
the budget to accomplish the community’s priorities and 2) it provides a method to assemble a
common understanding and framework for residents, decision makers, and City staff about what
can be achieved for the good of the community by working together.
This report also includes an update on FY 2020-21 first quarter results, the current Meta City
Goal, the General Plan, Climate Action Plan, and an overview of core services and strategic
indicators. All these elements provide important information to set the stage for the goal setting
and Financial Plan process.
As adopted in the 2019-21 financial plan, staff is committed to providing quarterly budget
updates to Council. This is especially important during the pandemic as the economy continues
to face uncertainty and volatility and thus has impacts on the City’s budget. The City’s overall
first quarter actual revenue and expenditure were as projected. Additional updates and budget
recommendations will be presented to Council at mid-year in February 2021 as we continue to
monitor and evaluate the ongoing and dynamic impacts of COVID-19 on the City’s budget and
local economy.
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Item 14
Significant progress has been made on the City Meta Goal and economic recovery efforts can be
seen throughout the City. The City adopted ten economic recovery strategies with actions that
span from developing new childcare options to modifying zoning requirements. Thousands of
staff hours have been spent helping businesses and community members adapt and thrive in the
new pandemic environment.
The report also highlights the progress made on the twenty-year time frame of the City’s General
Plan. Of the 412 individual planning and implementation programs in the General Plan, 98% are
completed or have been integrated into the City’s ongoing operations. The recently adopted
Climate Action Plan has also made significant headway with 59% of the climate action tasks
initiated, completed, or nearing completion. In addition, the Council will be considering a
recommendation on November 17, 2020, to adopt an update to the City’s Housing Element
Many of the new programs in the Housing Element indicate an implementation timeframe of one
year. As a result, resources to accomplish these programs will need to be considered as part of
the Financial Plan process as some of the Housing Element actions are immediately require
implementation to maintain certification with the State of California.
Lastly, the report includes General and Enterprise Funds’information that will help set the stage
for goal setting. The City is faced with balancing rising costs, limited resources, and providing
excellent levels of service to its citizens. Covid-19 has exacerbated many of these challenges.
The information provided in the report and in the presentation are geared towards providing
Council and the community an overview of the available resources and the cost of providing
services to the community at current levels.
DISCUSSION
Background
The fundamental purpose of the City’s budget process is to allocate resources to support core
City services and capital projects and to accomplish adopted Major City Goals over a two-year
period. This process is informed by the City’s current service levels and adopted long-term plans
and policies that assist the development of the two-year Financial Plan. One of the important
factors that the Council and Community need to take into consideration is that many past Major
City Goals once completed as tasks become ongoing programs that impact core service capacity.
For example, enhancement of neighborhood services, support of community choice energy
policy and operations, 40 Prado homeless support and many others that become base obligations
for the City to continue efforts and honor ongoing commitments.
This report is intended to “set the stage” by providing a status update on the current MetaCity
Goal and the original Major City Goal (MCG) components, an update on the 2020-21 first
quarter financial results, and a status report on the General Plan programs. The General and
Enterprise Funds’ five-year fiscal forecast will be presented to the Council on February 2, 2020
alongside the 2020-21 Mid-Year report and will be based on audited 2019-20 financial results.
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Item 14
2020-21 1st Quarter Financial Review
The City’s overall first quarter revenue and expenditure pictures look as expected when
compared to budget. When compared to FY 19-20, revenues are reduced across most funds
1 due
to the economic downturn. It is important to note that the FY 2019-20 started out very strong
with revenues reaching all-time highs. July 2019 marked ten years of continuous economic
growth which was the largest period of US economic expansion on record. Revenues last year
were also high because of one-time funding from SB1090 ($1.9 million) and elevated
development activity. The Covid-19 health emergency and resulting measures have altered this
picture and the City adjusted its budget for 2020-21 accordingly at adoption in June 2020.
2019-20
Fund Q1 Actual
(unaudited) Revenue Forecast Q1 Actual % Received Variance from prior
year
General Fund * 18,044,325.00$ 76,571,144$ 16,494,956$ 22% -9%
Water Fund 4,753,395.00$ 23,387,885$ 4,638,278$ 20% -2%
Sewer Fund 3,387,804.00$ 16,895,606$ 3,162,523$ 19% -7%
Parking Fund 1,495,994.00$ 2,798,191$ 749,244$ 27% -50%
Transit Fund 214,461.00$ 4,808,075$ 438,180$ 9%104%
Grand Total 27,895,979.00$ 124,460,901$ 25,483,181$ 20% -9%
*Includes special revenue funds
2020-21
Overall expenditures are also tracking as expected. Staffing expenses are the best indicator of
budget consumption because they track in a linear fashion while non-staffing costs are often
obligated (via purchase orders) at the beginning of the year and do not trend the same way. First
quarter actuals show that staffing budgets for all major funds were between 21-23% consumed as
of September 30, 2020. This number is slightly below the quarter threshold and is attributed to
the City’s continued activation of the Fiscal Health Contingency Plan and related hiring chill.
The 2020-21 First Quarter Financial Review (Attachment A) contains a more detailed update for
all major funds.
META Goal / MCGs
As part of the Supplemental Budget adoption, the Council concluded that the City’s top priority
for 2020-21 is to protect the public health of San Luis Obispo, provide essential services, and
assist the community in economic recovery via a Meta City Goal. To provide Council with
meaningful updates on the goal, staff implemented a detailed tracking mechanism to monitor
Meta Goal activities. Attachment B provides a detailed update on all actions thus far. The table
below shows a status overview of each of the ten strategies:
1 Transit revenue is primarily comprised of State and Federal grand funding. These revenues are typically received
at the end of the fiscal year. The increase in FY 20-21 is simply due to the timing of receipts.
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Item 14
Table 7: Meta Goal Update by Strategy
Strategy Staff Hours
Spent
Operating
Dollars Spent
Customers
Retained
Businesses
Supported*
Local Business Support 741 $ 36,740 0 820
Cal Poly 327 $ 7,500 0 150
City Organization 2,613 $ - 0 193
Community 10,698 $ 39,903 283 1,751
Community Partners 34 $ - 0 -
Downtown 960 $ 333,643 0 380
Impacted Industries and Businesses 1,264 $ 173,531 0 82
Infrastructure and Capital Projects 1,594 $ 113,611 100 1
Quality of Life 3,291 $ 11,850 20 14
Resiliency 598 $ 7,500 0 450
TOTAL 22,119 724,278$ 403 3,841
* A business can be supported multiple times through different efforts. This number refers to the total times a business was
supported.
General Plan Update
Why Report on the Status of General Plan Programs?
The City’s General Plan is composed of a “building block” hierarchy of goals, objectives,
policies, and programs. Goals and objectives are direction-setters that describe desirable
conditions and preferred outcomes as they are applied to specific situations. Policies are typically
more specific statements that guide decision-making while the defined programs are actions that
implement goals, objectives, and policies. As such, monitoring the City’s progress in
implementing General Plan programs assists with decision making in pursuit of the adopted plan
and implementation of the City’s vision. Attachment C provides a summary of the status of all
General Plan Implementation programs by element as well as key “area” plans.
As presented in greater detail in Attachment C, of the 412 individual implementation planning
programs in the General Plan, 98% or 405 are completed or have been integrated into the City’s
ongoing operations. This is a 5% increase since the last update provided as part of the 2019-21
Financial Plan.
In addition, the Council will be considering a recommendation on November 17, 2020, to adopt
an update to the City’s Housing Element. Staff has been working with the State’s Department of
Housing and Community Development (HCD) to ensure that once adopted, the Housing Element
will be certified, ensuring access to a wide variety of State grants and programs. This year, the
State is requiring jurisdictions to establish timeframes for implementation of programs that are
needed to comply with State goals for low income housing and to “affirmatively further fair
housing.” Many of the new programs in the Housing Element indicate an implementation
timeframe of one year. As a result, resources to accomplish these programs will need to be
considered as part of the Financial Plan process.
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Item 14
Climate Action and Community Resilience
In August 2020, Council unanimously adopted one of the most ambitious local climate action
plans in the nation with the goal of achieving carbon neutrality in municipal operations by 2030
and in the community by 2035. In adopting the plan and associated targets, Council affirmed that
although a rapidly changing climate will be increasingly disruptive to all aspects of municipal
services, proactively addressing the issue is an opportunity for innovation and economic
development.
The Climate Action Plan focuses on leveraging the considerable efforts required to achieve
emissions goals to also drive economic recovery and address issues of environmental justice and
equity. The realized co-benefits of climate action and Green House Gas (GHG) emissions
reduction, including efficiency, cost-savings, safety, and comfort, have the potential to enhance
San Luis Obispo while inspiring community action and action from other communities that look
to the City for leadership.
Given the magnitude and importance of the work, climate change is on the forefront of the City’s
priorities and will need to be woven into the City’s decision making and goal setting process. For
the City to be successful, alignment with the goals adopted in the Climate Action Plan will need
to be given consideration in nearly all Financial Plan decisions.
As of November 2020, 59% of the climate action tasks were initiated, completed or near
completion and some significant achievements have been made in the last 12 months as detailed
in Attachment D. In addition, the City has initiated Resilient SLO, a grant funded project to
comprehensively assess the community’s vulnerabilities to the impacts of climate change and to
update the Safety Element of the General Plan to further focus the City’s policy framework on
adaptation and resilience. The City continues to identify and pursue external funding
opportunities and engage other agencies and community partners to ensure the implementation
outcome of each GHG reduction measure is maximized to support public health, economic
development and COVID-19 recovery, and other key objectives.
Diversity, Equity, and Inclusivity (DEI)
On July 7, 2020, the Council approved the creation of a diversity, equity, and inclusion task force
(DEI-TF). The Council also added a guiding principal2 to support DEI efforts as part of the
adoption of the 2020-21 Meta Goal. These decisions are only steppingstones in a commitment to
making San Luis Obispo a welcoming, inclusive, and safe community for everyone. The 2021-23
Financial Plan will be developed through a lens of diversity, equity, and inclusivity in mind.
2 The eight principle reads: “The city recognizes that social and economic inequality is embedded in our systems and
culture, and that recovery must integrate deep structural transition to support the well-being and empowerment of
marginalized communities”
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Item 14
Setting the Stage Framework
Like most municipalities, the City is faced with balancing rising costs with limited resources
while continuing to provide excellent levels of service to its citizens. Over the past three years
the City undertook a thorough re-analysis of budget needs and found opportunities to increase
efficiencies throughout the City’s operations focusing on providing core services to the
community. This has undoubtedly helped the City remain in good fiscal standing through the
initial stage of this drastic economic and health crisis.
The City’s annual operating budget for the General Fund totals about $65 million and includes
54 programs spanning from Building and Safety, Development Review, Emergency Response,
Aquatics, Youth and Services, Police Patrol, Traffic Safety, Streets & Sidewalk Maintenance,
Transportation Planning and the Urban Forest to Accounting, Purchasing and City
Administration. Many of these work programs are multifaceted –they provide core services to
the community, execute General Plan programs, and also contribute to Major City Goals that are
determined by the City with each financial plan.
The “Setting the Stage” phase of goal setting is meant to provide Council with an update on the
available resources and the cost of providing services to the community at current levels. This
will help prepare Council and the community in its decision-making process for potential trade-
offs from current core services to adjust for new programs and services with the new Financial
Plan.
Enterprise Fund Review
Water Fund -Setting the Stage
The Water Fund provides essential services that support the community’s health, well-being, and
quality of life. It delivers about $1.8 billion gallons of potable water each year to the community
and about 70% of the total budget goes towards securing water supply. The remainder is spent on
water treatment, distribution, and water resources.
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Item 14
As an enterprise fund, the Water division finances its operation mainly with rates charged for
water services. According to its mandate, rates must be sufficient to cover operation, capital asset
maintenance and improvements, debt obligations, and appropriate reserve levels to keep the fund
healthy and prepared for unforeseen funding needs. The department had an approved rate
increase for FY 20-21 to meet this mandate but postponed the increase to assist the community
with the effects from the ongoing COVID-19 pandemic.
The Water Fund is currently undertaking several significant capital projects as detailed below:
Water Treatment Plant Energy Efficiency Project –Construction of the Water Treatment Plant
Energy Efficiency Project began in May 2020. This project will result in approximately 30%
reduction in energy usage by replacing aged and inefficient equipment and improving system
automation. The project is in partnership with PG&E and is funded by an Infrastructure Bank
loan. The expected completion date is July 2021.
Pipeline Replacement - Water Distribution and Public Works Engineering have recently
completed the Casa/Stenner/Murray/Chorro pipeline replacement project which increased fire
flow capacity, improved resiliency to Sierra Vista Hospital, and improved water quality through
portions of the Foothill pressure zone. Currently, the Terrace Hill pipeline and pressure reducing
valve rehabilitation project is advertised for bid. Water pipeline replacement projects are nearing
the 90% design milestone for Beebee, Cuesta, and Loomis, as well as Jefferey. Jefferey Street
will be a combined water/sewer pipeline replacement project.
Sustainable Groundwater Management Act (SGMA)–In order to meet emerging regulatory
requirements and to ensure the long-term sustainable management of local groundwater supplies,
the City and County have each formed a Groundwater Sustainability Agency (GSA). These
GSAs oversee basin-wide groundwater sustainability efforts within their respective portions of
the groundwater basin and are working together to produce a Groundwater Sustainability Plan
(GSP) which will outline a path to long-term basin sustainability. To-date, the first six chapters
of the GSP have been drafted and cover areas such as administrative information about the
SGMA process, a description of the GSP plan area and basin characteristics, information on local
groundwater conditions, and the establishment of a groundwater budget. The GSP is scheduled
to be completed and adopted by both GSAs before January 2022. A midpoint process update
about the SGMA Groundwater Sustainability Plan is scheduled for December 8, 2020.
What lies ahead:
Water revenue is on trend with previous years. It was originally assumed that 20-21 revenue
would be down by 6% because of the Covid-19 economic downturn and deferral of rate
increases. So far, consumption is close to what it has been in previous years. While business and
Cal Poly consumption is down due to Covid-19, residential consumption increased. Impact fees
are currently exceeding original 20-21 projections as strong development activity
continues. However, based on current trends, previously deferred rate increases will need to be
addressed as the year progresses. Without rate increases, the water fund will be unable to
continue providing its existing level of service.
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The water fund has a bond issuance that requires the fund to be evaluated and given a credit
rating each year. The credit rating is an indicator of the fund’s overall health and its ability to
meet its debt obligations. The credit rating is important because it allows the City to borrow
money more easily and at lower interest rates. The Fitch rating considers, among other things,
whether the fund is consistently increasing rates, whether it is maintaining its capital
improvements, and capital reserve levels. Due to the unprecedented times, during its 2020 credit
evaluation, Fitch understood the City’s decision to defer the adopted rate increase temporarily.
This is not, however, sustainable if the water fund is to maintain its AA credit rating.
Based upon aging infrastructure and the need to maintain pipelines that carry water to the City
from reservoirs as far as 50 miles away, inadequate revenue challenges the ability of the City to
fund the maintenance and improvements needed to provide safe and reliable water to the City.
Sewer Fund -Setting the Stage
The Sewer division treats over one billion gallons of water a year and delivers about 80 million
gallons of recycled water. Its core services include wastewater collection, environmental
compliance, utility billing, operation, and maintenance of the Water Resource Recovery Facility
(WRRF) and operation of a water quality lab. Its current work program is driven by
environmental regulation, construction of major projects and infrastructure renewal.
Like the Water division, the Sewer division finances its operation mainly with rates charged for
sewer services and must ensure that those rates are sufficient to cover costs and maintain a
prudent fund balance. The Sewer Fund also had an approved rate increase for FY 20-21 to meet
this mandate. Like the Water Fund, the rate increase was postponed in consideration of the
community’s ongoing struggles with Covid-19.
The Sewer Fund is also undergoing several significant capital projects as detailed below:
Water Resource Recovery Facility (WRRF) Upgrade project -The WRRF upgrade, also known
as Water Plus, is currently in construction and scheduled for completion in the summer of 2023.
The main driver for the project is to meet regulatory discharge requirements, address aging
infrastructure, and provide a community asset in the fields of resiliency, water quality, protection
of our environment, and local workforce agreement. Additionally, this project is being financed
by State Revolving Fund (SRF) loan in an amount up to $ 140 million, at an interest rate that is
half the State’ s General Obligation Bond interest rate and was recently approved to receive $ 4
million of principal forgiveness from Green Project Reserve funding.
Calle Joaquin Lift Station, Gravity Sewer, and Siphon Replacement –The Calle Joaquin lift
station was put into service in 1967 and serves properties in the southern portion of the City on
both the east and west sides of Highway 101. The project’s design, easement acquisition, and
environmental permitting process has been challenging due to the existing siphon’s location
under San Luis Obispo Creek and crossing of Highway 101. The project is planned to begin
construction in early 2021.
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Foothill Lift Station Replacement -The Foothill lift station was installed in its present location in
1986. The equipment had been used elsewhere in the City where it was installed in 1962. The
station serves approximately 20 acres with 43 parcels on the west end of Foothill Boulevard near
the City limits. The project is planned to begin construction in late 2021.
What lies ahead:
Residential sewer consumption is up due to residents spending more time at home, but overall
revenue is still below original assumptions due to deferred rate increases and much lower
wastewater flows at Cal Poly. Impact fee revenue is on track and has exceed Q1 anticipated
numbers.
The sewer fund is also facing some costly unknowns in the near future. The Prado Road overpass
may require the Wastewater Collections division to relocate and operating the upgraded WRRF
will be more expensive. In addition, the $6 million annual debt payment for the WRRF upgrade
will begin in fiscal year 2023-24.
Based upon aging infrastructure, the sewer fund needs to continue replacement and maintenance
of sewer mainlines to avoid or reduce excessive maintenance, provide capacity, and reduce
wastewater overflows.
Parking Fund -Setting the Stage
The City’s parking and access management program is designed to provide critical access to
parking facilities throughout the City, as it relates to neighborhood parking districts and the
downtown area. The Parking Fund was heavily stressed by the pandemic and does not expect full
recovery for several years. The division plays a vital role in economic recovery and has relaxed
its parking enforcements to encourage economic activity in the downtown area. As the economy
continues to bounce back from the initial shutdown, Parking has increased enforcement which
will slowly increase revenue. In preparation for the construction of the one of its largest and most
anticipated infrastructure projects, the Palm Nipomo Parking Structure, the Parking fund has
been building up working capital and intended to continue doing so as part of the 2019-21
Financial Plan. Due to budget shortfalls related to the pandemic, the fund utilized unreserved
working capital in FY 2019-20 and will likely need to use it in FY 2020-21 as well.
Palm Nipomo Parking Structure –Due to the unexpected use of working capital, the fund
postponed the construction of this infrastructure project. Staff is currently analyzing the health of
the fund to determine the most prudent way to bond for the cost of the structure. Based on the
final design review, the earliest that construction would be able to begin on the project is Spring
2023. The construction will occur in two phases: site preparation and construction.
What lies ahead:
Despite setbacks, the division continues to make smaller scale improvements to services and
infrastructure. In calendar year 2021 it plans to install on-street multi-pay stations and implement
mobile app payment technology. These projects will add customer convenience and the
“touchless” alternatives for payment will help protect the health of the community.Structural
repairs and waterproofing in the parking structures will also be needed next year.
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Beyond this, the division plans to develop, test, and implement a gateless parking structure in the
2021 calendar year and launch virtual permits in the residential districts by September 2021.
Both improvements will increase customer service and provide additional options for customers
to choose how they access the community.
Transit Fund -Setting the Stage
SLO Transit is the local fixed-route public transit operation for the City of San Luis Obispo. It
operates 14 vehicles at peak period, along eight routes within the City limits and Cal Poly.
Transit services are matched to revenue forecasts. Bus replacement schedules are based on
federally approved “useful-life” criteria and best-case scenarios for aging vehicles; however, the
availability of funds is highly dependent on discretionary grants from the State or Federal
government.
The Transit Fund was uniquely affected by the pandemic. While it caused a significant loss in
ridership, revenues will remain as projected with budgeted State and Federal allocations and the
CARES Act securing funding to counteract any revenue losses or unanticipated costs.
Additionally, the City’s largest customer, Cal Poly, has an approved annual agreement that has
already provided most of the fund’s fare revenue. In light of this, the program has a healthy fund
balance to meet cash flow needs.
Expenditures will continue to be mitigated as anticipated. Transit service have been right sized to
account for the lower ridership volumes and the transit operation will continue to be monitored
and adjusted as needed through the ongoing pandemic.
What lies ahead:
Moving forward, the transit program will need to focus on its long-term needs. First, several
vehicles are reaching the end of their useful life and will need to be replaced. Second, a new
transit service agreement with Cal Poly University will need to be reached. Lastly, the City will
need to decide if it will exercise a second contract extension with First Transit or pursue
Requests for Proposal.
Policy Context
The fundamental purpose of the City’s budget process is to link, through public engagement and
strategic deliberation, the interest of the community to the available financial resources to
achieve the desired outcome. The process allows the City Council to engage the community in
identifying Major City Goals for the City while also providing information regarding the City’s
core services, including the day-to-day work and responsibilities carried out by City employees
to support residents’ quality of life.
Public Engagement
Public comment on this item can be provided to the City Council through written correspondence
prior to the meeting and through public testimony at the meeting.
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CONCURRENCE
The City’s internal Financial Plan Steering Committee concurs with the recommendations
included in this 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 CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A N/A N/A
State
Federal
Fees
Other:
Total N/A N/A N/A
There is no direct fiscal impact as a result of reviewing the status update accompanying this
Council Agenda Report. This report aims at providing context for the upcoming goals setting
process for the 2021-23 Financial Plan.
ALTERNATIVES
Not receive an update on the background information in preparation for the 2021-23 goal-setting
and Financial Plan process.
Attachments:
a - First Quarter Financial Report for FY 2020-21
c - COUNCIL READING FILE - General Plan & Specific Plan Update
d - Climate Action Plan Update
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First Quarter Financial Report
Fiscal Year 2020-21
Introduction
This financial report provides an overview of the City’s financial position through the first quarter of fiscal
year 2020-21 ( July 1 - September 30, 2020) for the General Fund and major enterprise operating funds.
It also provides an update on the status of the City’s Capital Improvement Program Projects (CIP) and City
Meta Goal. Notable milestones or trends within the first quarter are addressed and detailed throughout
the document. The report is broken down into the following sections (linked):
General Fund Update
As of September 30, 2020, operating expenditures trend on target with past years’ first quarters.
Revenues have been negatively impacted by COVID19, but they are tracking close to0 what was adopted
in the 2020-21 Supplemental Budget. Below are the highlights from the third quarter:
Adjusted Budgets and Revenue Estimates: The City’s overall revenue and expenditure picture was
updated in May 2020 and the 2020-21 Supplemental Budget was adopted on June 2, 2020. Revenue
forecasts were based on assumptions at the time, many of which have held true and some of which have
changed. The overall economic bounce back from the initial COVID19 shutdown has been stronger than
anticipated with the partial reopening of the economy, but many uncertainties remain. The City planned
to return to Council in October 2020 with a clearer economic forecast and determine if additional budget
adjustments needed to be made. At this time, no general fund budget changes are being proposed. While
some tax revenues are tracking more favorable than originally anticipated, many fee programs expect a
less favorable forecast due to the extended program closure. Staff plans to return to Council in February
with an update long term forecast once it has better analytics for the first 6 months of 2020-21.
1 General Fund Update
2
Enterprise Funds
Update
3 Meta Goal Update
4 Capital Improvement
Plan Update
5 Debt Schedule Update
6 Outlook and
Conclusion
1
16 Million in
Revenues
(YTD)
19 Million in
OpEx (YTD)
8 Meta City
Goal actions
Completed
in Q1
10 CIP
Projects
Completed
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2019-20 Year End Carryover: Because FY 2019-20 ended with revenues exceeding expenditures, The City
Manager was authorization to allow specific carryover of budget for the continuation of active projects or
mission critical needs. The expenditure tables in this report include adjustments for the carryover and
encumbrances from the FY 2019-20. See the City’s full 2019-20 Year End Report here.
COVID19: The COVID19 pandemic began in late February 2020. Along with the reduced revenues, the
pandemic brought unfunded costs associated with supporting economic recovery and protecting the
health of the community. When Audited Financials were presented to Council on March 17, 2020, there
was approximately $6 million in one-time undesignated fund balance at FY 2018-19 Year end. I
preparation for unfunded costs, Council adopted a resolution to keep these funds in undesignated fund
balance and give City Manager the authority to allocate towards COVID expenses and economic recovery
efforts as needed. The chart below shows the remaining amount in fund balance as of September 30,
2020.
Table 1: 2018-19 Unassigned Fund Balance Update
Original Balance Used to Date Remaining Balance (9/30/20)
$5,991,692 $218,900 $5,772,792
The current 2020-21 COVID costs for the General Fund is $318,247. The City will submit to FEMA for
reimbursement of these costs, but it is still unknown whether any will be received. Additionally, the
required CARES Act report for Cycle 1 was submitted in September.
As part of the adopted Meta City Goal, the City has been focusing efforts and funding to support the local
economy and promote a safe environment during the health crisis. An overview of these actions can be
found here.
General Fund Revenue
Table 2: General Fund Revenues
Footnote Q1 Actual %
Received Total Budget Q1 Actual %
Received
Variance
from
prior
year
Tax and Franchise Revenue
1 Sales and Use Tax (July & Aug only)1 5,031,744$ 20% 22,853,783$ 5,147,376$ 23% 2%
2 Property Tax 132,909$ 1% 18,418,903$ 734,794$ 4%453%
3 Transient Occupancy Tax 2,334,589$ 29% 6,267,000$ 1,800,251$ 29% -23%
4 Utility User Tax 1,187,531$ 20% 5,565,000$ 1,157,156$ 21% -3%
5 Business Tax 2 2,862,835$ 97% 2,853,740$ 2,890,955$ 101% 1%
6 Franchise Fees 77,798$ 5% 1,544,000$ 78,702$ 5% 1%
7 Gas Tax (Special Revenue Fund)225,826$ 22% 1,082,390$ 286,350$ 26% 27%
8 SB1 Gas Tax (Special Revenue Fund)156,038$ 19%795,548$ 147,044$ 18% -6%
9 Cannabis Tax -$ 0%400,000$ 114,859$ 29%
Total Tax & Franchise Revenue 12,009,270$ 19% 59,780,364$ 12,357,488$ 21% 3%
10 Fees and Other Revenue**3 6,023,828$ 24% 16,790,780$ 4,137,468$ 31% -31%
Grand Total 18,033,098$ 20% 76,571,144$ 16,494,956$ 22% -9%
2020-21
2 - Business license and tax certificate renewals are due before September 30th; therefore anticipated revenue for the year has been
3 - FY2019-20 includes a one-time funding of $2 m illion from SB1090 Diablo Closure
1 - Includes $146,000 in FY 20-21 actuals that are from FY 19-20 due to the sales tax deferral programs
2019-20
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Sales Tax: As of September 30, 2020, about 17% of the City’s forecasted sales tax revenue for this fiscal
year had been collected due to the timing of disbursements from the California Department of Tax and
Fee Administration (CDTFA. This accounts for revenue earned July 2020 through August 2020. As with
most California cities, actual sales tax revenues for the last 4 months have been higher than initial
projections. This was largely due to an increase in the state and county pool allocation which helped offset
the decrease in tax revenue from general consumer goods and other negatively affected industries. Online
sales are the largest contributor to the countywide pool allocation. The chart below shows a year over
year comparison of sales tax revenue for the first quarter. The revised forecast, while better than initially
projected, is still below 2018-19 levels.
Property Tax: The majority of property tax is not collected until the 3rd and 4th quarter of the fiscal year;
therefore, the year to date actual is on track. The latest property tax forecasts provided by the County
confirm that the economic downturn has had little effect on the housing market and economists are
predicting that this will remain stable through the recession.
Transient Occupancy Tax (TOT): Tourism levels and TOT collection remain top concerns for the City. Hotel
occupancy rates remain below normal levels and the CSU chancellor announcement of extended virtual
learning will cancel many of the large university events that bring visitors to the City. Tourism did see a
bounce back over the summer but there are too many unknowns to say that the revenue forecast will
improve. First quarter TOT revenues were about 23% lower than last year.
Cannabis Tax: The City’s first storefront retail cannabis shop opened mid-August; therefore, the City
realized a bump in monthly cannabis tax revenues. It is too soon to say how demand will level out over
the next nine months, but the current revenue projection seems accurate at this point.
Fees and Other Revenue: Fees and other revenues typically track slightly above 25% in the first quarter
because many annual permit and license fees are collected during that time. The two notable variances
are that development services revenue is slightly higher than projected and parks and recreation revenue
is slightly lower than projected. Both variances make sense because of several large active development
projects going through planning and because of the extended closure of recreational programs. It is too
soon to say if either of these trends will continue for the remainder of the fiscal year, but an updated
forecast will be provided at mid-year.
$4.20 $4.00 $4.77 $4.53 $4.52 $4.38 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21
(FORECAST)
GRAPH 1: SALES TAX (MILLIONS)
QTR 1 FIVE YEAR COMPARISON
Revised
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General Fund Expenditures
Overall expenditure trends are on track with budget. The graphs below include first quarter consumption
for FY 20-21 compared to budget. The “Total Expenditures & Obligations” column includes both costs that
have been already been incurred and costs that are obligated on purchase orders.
Expenditures by Type:
There are no significant variances to point out in the general fund. It is expected that contract services and
other operating expenses track above 25% because annual purchase orders are set up at the beginning of
the year and the funds are considered “Obligated” from that point forward. Staffing should track at a
consistent level and 22% is consistent with where the City should be given the Fiscal Health Contingency
and the hiring chill.
Expenditures by Department:
All the General Fund departments are tracking in line with budget. The variance in the City Attorney
budget is warranted because the budget is so small and over 20% of it is allocated for contract services.
Many of these contracts are already under way and the funds have been allocated for the entire year.
Table 3: General Fund Expenditures by Type
Expenditure Type Initial Budget
Budget
Adjustments Total Budget Total Expenditures
& Obligations % Consumed
Staffing 53,729,036$ 1,001,770$ 54,730,806$ 12,297,700$ 22%
Contract Services 6,586,662$ 2,712,644$ 9,299,306$ 3,935,293$ 42%
Other Operating Expenses 3,708,123$ 1,432,904$ 5,141,027$ 1,753,349$ 34%
Utilities 2,581,138$ 4,310$ 2,585,448$ 710,994$ 27%
COVID Expenses * -$ 1,679$ 1,679$ 318,247$ 18955%
Grand Total 66,604,959$ 5,153,307$ 71,758,266$ 19,015,583$ 26%
* Total expenditures include $200,000 of small business grants that are being reimbursed through the CARES act
Table 4: General Fund Expenditures by Department
Department Initial Budget
Budget
Adjustments Total Budget Total Expenditures
& Obligations % Consumed
Admin & IT 8,102,779$ 727,263$ 8,830,042$ 2,595,435$ 29%
City Attorney 778,167$ 212,069$ 990,236$ 376,555$ 38%
Community Development 5,325,811$ 789,059$ 6,114,871$ 1,517,366$ 25%
Finance 2,998,897$ 915,827$ 3,914,724$ 1,018,789$ 26%
Fire 12,615,778$ 1,180,765$ 13,796,544$ 3,657,717$ 27%
Human Resources 1,350,586$ 93,246$ 1,443,832$ 472,235$ 33%
Parks & Recreation 4,274,301$ 172,599$ 4,446,900$ 976,983$ 22%
Police 17,802,862$ 172,247$ 17,975,109$ 4,177,909$ 23%
Public Works 13,196,459$ 820,880$ 14,017,339$ 4,217,753$ 30%
Utilities - Solid Waste (AB939)* 159,318$ 69,351$ 228,669$ 4,842$ 2%
Grand Total 66,604,959$ 5,153,307$ 71,758,266$ 19,015,583$ 26%
*The singular staff position in this department is being filled on an interim basis by a Water Resources employee. Once filled permanently, all past and current
costs associated with this role will be corrected and transferred to the Solid Waste division
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Enterprise Fund Update
Utilities: Water and Sewer Funds
The tables below include first quarter actuals for FY 20-21 compared to the projection. The “Total
Expenditures & Obligations” column includes both costs that have been already been incurred and costs
that are obligated on purchase orders.
Revenue: Revenues are on track. Because of the utility billing timing, the revenues above include only
about 2.25 months of revenue. In accordance with an order from the Governor, water services are not
being discontinued for non-payment. In addition, the City has chosen not to send past due closed accounts
to a collection agency to accommodate customers who are having trouble paying their bills because of
the Covid related economic downturn. Both moratoriums have resulted in higher than normal past due
account balances. The Utilities department continues to monitor past due account balances and, at the
recommendation of the City auditor, has created a “doubtful accounts” general ledger account to record
those balances that are unlikely to ever be collected. This will result in a $34,000 reduction to sewer fund
revenues and $34,000 reduction to water fund revenues.
Water consumption overall in the first quarter of fiscal year 2021 was nearly the same as the same quarter
last year. Residential and irrigation consumption increased but commercial consumption decreased as
compared to the same quarter last year.
Table 7: Water Consumption Year over Year Comparison
1 This table excludes Cal Poly consumption.
2019-20
Table 5: Water/Sewer Fund Revenue * Q1 Actual
(unaudited) Total Budget Q1 Actual % Received
Variance
from prior
year
Water Fund 4,753,395$ 22,587,885$ 4,638,278$ 21% -2%
Sewer Fund 3,387,804$ 16,295,606$ 3,150,284$ 19% -7%
* Does not include debt financing or impact fees
2020-21
Table 6: Operating Expenses
by Type Initial Budget Budget
Adjustments Total Budget Total Expenditures &
Obligations % Consumed
Water Fund 16,928,253$ 1,105,134$ 18,033,387$ 10,872,038$ 60%
Staffing 4,402,502$ 77,103$ 4,479,605$ 928,117$ 21%
Contract Services 10,904,439$ 916,703$ 11,821,142$ 9,235,876$ 78%
Other Operating Expenses 964,612$ 111,328$ 1,075,940$ 575,119$ 53%
Utilities 656,700$ 656,700$ 132,926$ 20%
Sewer Fund 7,841,135$ 532,111$ 8,373,246$ 3,253,947$ 39%
Staffing 4,668,962$ 79,163$ 4,748,125$ 980,436$ 21%
Contract Services 1,065,092$ 299,682$ 1,364,774$ 976,056$ 72%
Other Operating Expenses 1,348,981$ 152,231$ 1,501,212$ 1,121,801$ 75%
Utilities 758,100$ 758,100$ 157,772$ 21%
COVID Expenses -$ 1,034$ 1,034$ 17,881$ 1729%
Grand Total 24,769,389$ 1,637,245$ 26,406,633$ 14,125,986$ 53%
Customer Class1 July – September 2019 July – September 2020 Difference
Residential 337,561 units 366,194 units 28,633 units
Commercial 140,215 units 115,696 units (24,519) units
Irrigation 104,611 units 107,672 units 3,061 units
2
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Item 14
1 unit = 100 ccf
Expenditures: There are no significant variances to point out at this time. It is normal and expected that
contract services and other operating expenses track above 25% because annual purchase orders are set
up at the beginning of the year and the funds are considered “Obligated” from that point forward. Staffing
should track at a consistent level and the actuals seen above are consistent with where the City should be
given the Fiscal Health Contingency and the hiring chill.
Parking Fund
The tables below include first quarter actuals for FY 20-21 compared to the projection. The “Total
Expenditures & Obligations” column includes both costs that have been already been incurred and costs
that are obligated on purchase orders.
Revenue: The parking fund significantly lowered its revenue forecast in the 2020-21 budget because of
expected loses due to COVID19. The department revenues are tracking in line with the forecast but are
significantly lower than prior years. The Parking Fund anticipates that parking meter and enforcement
revenues will outperform projections made at Supplement because collection of fees across all parking
programs have been re-established sooner than initially planned. Parking structure revenues are likely to
align with projections due to offering an additional hour of free parking through the end of the calendar
year.
Expenditures: There are no significant variances to point out at this time. It is normal and expected that
contract services and other operating expenses track above 25% because annual purchase orders are set
up at the beginning of the year and the funds are considered “Obligated” from that point forward. Staffing
should track at a consistent level and the actuals seen above are consistent with where the City should be
given the Fiscal Health Contingency and the hiring chill.
Transit Fund
The tables below include first quarter actuals for FY 20-21 compared to the projection. The “Total
Expenditures & Obligations” column includes both costs that have been already been incurred and costs
that are obligated on purchase orders.
2019-20
Table 8: Parking Fund Revenue * Q1 Actual
(unaudited) Total Budget Q1 Actual % Received
Variance
from prior
year
Parking Fund 1,495,994$ 2,798,191$ 749,244$ 27% -50%
* Does not include debt financing or impact fees
2020-21
Table 9: Operating Expenses
by Type - Parking Initial Budget Budget
Adjustments Total Budget Total Expenditures &
Obligations % Consumed
Staffing 1,177,211$ 350$ 1,177,561$ 244,598$ 21%
Contract Services 801,465$ 121,119$ 922,584$ 619,034$ 67%
Other Operating Expenses 234,300$ 6,054$ 240,354$ 53,118$ 22%
Utilities 201,178$ 201,178$ 28,889$ 14%
Grand Total 2,414,155$ 127,523$ 2,541,678$ 945,639$ 37%
Total 582,387 units 589,562 units 7,175 units
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Revenue: Most of the Transit Fund revenue is from State and Federal grants that are received at the end
of the fiscal year; therefore, having received only 9% of the forecasted revenue at this point is normal.
Additionally the Transit program still has an unused balance of CARES Act funds that will be cover most, if
not all, operating expenses incurred in FY20-21 that is accessible to the program at the end of the fiscal
year.
Expenditures: There are no significant variances to point out at this time. It is normal and expected that
contract services and other operating expenses track above 25% because annual purchase orders are set
up at the beginning of the year and the funds are considered “Obligated” from that point forward. In the
case of the Transit fund, the majority of the Contract Services budget is for the annual transportation
services contract with First Transit, Inc. Staffing should track at a consistent level and the actuals seen
above are consistent with where the City should be given the Fiscal Health Contingency and the hiring
chill.
2019-20
Table 10: Transit Fund Revenue * Q1 Actual
(unaudited) Total Budget Q1 Actual % Received
Variance
from prior
year
Transit Fund 214,461$ 4,808,075$ 438,180$ 9%104%
* Does not include debt financing or impact fees
2020-21
Table 11: Operating Expenses
by Type - Transit Initial Budget Budget
Adjustments Total Budget Total Expenditures &
Obligations % Consumed
Staffing 327,181$ 327,181$ 73,920$ 23%
Contract Services 3,139,033$ 186,919$ 3,325,952$ 3,085,185$ 93%
Other Operating Expenses 376,800$ 68,278$ 445,078$ 392,628$ 88%
COVID Expenses -$ 16,000$ 16,000$ 28,554$ 178%
Grand Total 3,843,015$ 271,197$ 4,114,211$ 3,580,287$ 87%
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Item 14
Meta City Goal Update
As part of the Supplemental Budget adoption, the Council concluded that the City’s top priority for 2020-
21 is to protect the public health of San Luis Obispo, provide essential services, and assist the community
in economic recovery via a Meta City Goal. To provide Council with meaningful updates on the goal, staff
implemented a detailed tracking mechanism to monitor Meta Goal actions. Attachment B provides a
detailed update on all actions thus far. The table below shows a status overview of each of the ten
strategies:
2020-21 Q1 Highlights
x Flexibility with sign regulations
x Fitness in the Parks
x Open SLO investment
x Small Business Grants
x Permit fast tracking (TIPP-FAST)
x Deferral of licenses and permit fees
x Tax deferrals
x Relaxed Parking Enforcement
Table 7: Meta Goal Update by Strategy
Strategy Staff Hours
Spent
Operating Dollars
Spent
Customers
Retained
Businesses
Supported*
Business 741 $ 36,740 0 820
Cal Poly 327 $ 7,500 0 150
City Organization 2,613 $ - 0 193
Community 10,698 $ 39,903 283 1,751
Community Partners 34 $ - 0 -
Downtown 960 $ 333,643 0 380
Impacted Industries and Business 1,264 $ 173,531 0 82
Infrastructure and Capital Projects 1,594 $ 113,611 100 1
Quality of Life 3,291 $ 11,850 20 14
Resiliency 598 $ 7,500 0 450
TOTAL 22,119 724,278$ 403 3,841
* A business can be supported multiple times through different efforts. This number refers to the total times a
business was supported.
0 5 10 15 20 25 30 35 40 45
Not Started
10% complete
25% complete
75% complete
Completed
Ongoing
Number of Actions
Meta Goal Status Update
3
Packet Page 191
Item 14
CIP Update – Completed and Ongoing
Public Works CIP Engineering and Management staff have delivered several projects within the first
quarter of the fiscal year as listed in the below table, including the installation of new playground
equipment at Islay Hill Park, new public safety communications tower and equipment on South Hills, and
high efficient LED lighting installations in the 919 Palm Parking Structure. Notable ongoing work includes
replacement of Marsh Street Bridge and City facilities maintenance work.
Table 13: Completed and Ongoing CIP projects in Q1
Project Proponent
Department Status LRM
Funded
Approx.
Construction
Budget
Anholm Greenway Phase 2 Crack Sealing Public Works Completed in July Yes $35,000
Bridge Maintenance 2020 Public Works Completed in July Yes $75,000
South Hills Radio Site Upgrades Public Works Substantially Complete
in September.Yes $770,000
Islay Hill Park Playground Equipment
Replacement
Public Works /
Parks and Rec.Completed in September Yes $510,000
Swim Center Bath House Roof Repair Public Works Completed in September Yes $103,000
Creek Silt Removal 2020 Public Works Completed in September No $70,000
City Hall Fire Department Connection Public Works Completed in September Yes $60,500
919 Palm Garage LED Lighting Retrofits Public Works Completed in September No N/A
City Facilities HVAC Replacements Public Works Completed in October Yes $140,000
Roadway Sealing 2020 Public Works Completed in October Yes $1,480,000
Storm Drain System Replacement - Bullock CMP Public Works Completed in October Yes $316,000
Marsh Street Bridge Replacement Public Works Ongoing.
Yes
(10%)$4,425,000
Fire Station 1 HVAC Replacement Public Works Ongoing. Yes $130,000
Railroad Safety Trail Taft to Pepper Public Works Awarded. Construction
begins in Q2
Yes
(13%)$3,775,000
Swim Center Shower Repair Public Works Awarded. Construction in
Q2 Yes $25,000
Marsh Garage Elevator Repair Public Works Awarded. Construction in
Q3 No $86,000
Terrace Hill PRV Replacement Public Works Advertising. Construction
in Q3 No $550,000
Neighborhood Greenway Signage Installation Public works Final Design Phase. Yes $25,000
$12,575,500 Total Budget for Completed or Active Projects in FY 2020-21 Q1&Q2
4
Packet Page 192
Item 14
Debt Schedule Update
The table below shows total debts and those that had maturity dates during the first quarter and the
associated payments.
Outlook and Conclusion
The impact of COVID19 on the economic forecast has trended more favorably than originally anticipated
but staff expects many of the COVID-19 related impacts to lag the initial shock of the pandemic. With Cal
Poly teaching mostly online classes and major events being cancelled, the impact on two of the three
major income streams (i.e. sales and transient occupancy tax) remains uncertain. As these tax payments
lag, only two months had been fully collected at the time that this report was released. Staff continues to
track remittances closely through the City’s Revenue division.
The Fiscal Health Contingency Plan remains in full effect with hiring, purchasing, and travel chills and if
staffing expenditures continue to track in a linear fashion, there may be slight savings in that category.
It is also important to note that based on unaudited numbers, the City will be unable to follow through
with its Fiscal Health Response Plan goals of paying a $3.0 million toward unfunded liability during FY
2020-21.
The enterprise funds are also tracking in line with budget projections and will likely end the year as stated
in the budget.
2 State of California - Employment Development Department. October 16, 2020. Labor Market Information
Division. March 2019 Benchmark; http://www.labormarketinfo.edd.ca.gov (916) 262-2162
3 HdL Sales Tax forecast as of 10/13/20
4 Fitch Ratings: Fitch Global Economic Outlook for the U.S. – September 2020.
General Fund Sewer Fund
Total 2020-21 Debt Obligation 2,759,071$ Total 2020-21 Debt Obligation 1,387,400$
Q1 Payment: 2018 Lease Fire Truck 36,533$ No Q1 payments -$
Remaining 2,722,538$ Remaining 1,387,400$
Water Fund Parking Fund
Total 2020-21 Debt Obligation 2,430,429$ Total 2020-21 Debt Obligation 855,500$
No Q1 payments -$ 2001 State Infrastructure Bank (CIEDB) Loan Marsh St 358,307$
Remaining 2,430,429$ Remaining 497,193$
Table 13: Debt Obligation Update
Quick Economic Stats
Unemployment Rate (San Luis Obispo City)2 – September 2020 7.0%
Expected Sales Tax Growth for FY 20-21, 21-22, 22-133 1.9%, 6.6%, 3.8%
U.S Consumer Spending 2021 Forecast (as of Sept 2020)4 4.1%
U.S GDP 2021 Forecast (as of Sept 2020)3 4.0%
5
6
Packet Page 193
Item 14
Initiated
44%
2021-23
Fianancial Plan
22%
Done or Near
Complete
15%
Pursuing outside
resources
16%
Uncertain Implementation path
3%
ACTION STATUS UPDATE
Climate Action Plan Update – November 2020
San Luis Obispo residents and businesses routinely rank climate change as an important issue and Climate Action
has been a Major City Goal since 2017. In August of 2020, the City Council unanimously adopted one of the most
ambitious local climate action plans in the nations and committed to achieving carbon neutrality in the community
by 2035 and in municipal operations by 2030. The plan is comprised of seven main focuses:
Importantly, although the plan’s primary focus is on greenhouse gas (GHG) emissions reductions, it is also focused
on economic recovery, economic development, equity, and community health and vitality. A focus on climate action
at the community and agency-wide scale presents a generational opportunity to reorient investments to clean,
efficient, and equitable systems.
Through the goals, measures, and actions identified in the Climate Action Plan, the City, in close partnership with
the community, has identified a path to achieve its emissions reduction goals while improving affordability, health,
and wellbeing. The realized co-benefits of climate action and GHG emissions reduction, including efficiency, cost-
savings, safety, and comfort, have the potential to enhance San Luis Obispo while inspiring community action and
action from other communities that look to the City for leadership. The City continues to engage other departments,
agencies, and community partners to ensure the implementation outcome of each GHG reduction measure are
maximized to support public health, economic development and COVID-19 recovery, and other key objectives.
A short list of achievements and recent initiatives include:
x Effective January 1, 2020, the City joined Central Coast Community Energy (formerly Monterey Bay
Community Power). As a member of CCCE, the City and residents purchase cleaner and more affordable
electricity. CCCE is on a path to have one-hundred percent renewable energy by 2030.
x Effective September 1, 2020, the Clean Energy Choice Program for New Buildings provides technical
support, financial incentives, regulatory flexibility, and information resources to developers that wish to
build all-electric new projects. The program is expected to dramatically reduce GHG emissions in new
buildings while promoting energy efficient, comfortable buildings, and reduced construction costs.
x Staff has initiated a “Lead by Example” initiative to achieve the City’s internal climate goal of carbon neutral
city operations by 2030. Staff has convened the Green Team to collaboratively identify new decarbonization
measures while finding opportunities to support current projects across various departments.
Administrative
Action Buildings Circular
Economy Connected Energy Lead by
Example
Natural
Solutions
Packet Page 194
Item 14
Continued next page.. Æ
Foundational Action Action Description
Responsible
Department
Projected Action
Start Date
(calendar year)
Current Status
Administrative Action 1 Implement Climate Action Plan with an
Equity Lens All Departments Ongoing Initiated
Administrative Action 2 Monitor and Report Plan Implementation Administration, All
Departments 2021, Q2 Pursuing outside
resources.
Administrative Action 3 Regularly Update the Climate Action Plan Administration 2022, Q2
2021-23 Financial
Plan
Administrative Action 4
Ensure Transparency by Reporting
Greenhouse Gas and Climate Action
Information to Public Disclosure Programs
Administration 2020, Q3 Initiated
Administrative Action 5
Develop Mitigation Program for New
Development to Illustrate Consistency with
the Climate Action Plan
Community
Development,
Administration
2021, Q2 Done or Nearly
Complete
Buildings 1.1
Adopt and implement the Clean Energy
Choice Program for New Buildings and
review opportunities for improvement in
the 2022 code cycle
Administration,
Community
Development
2020, Q3 Done or Nearly
Complete
Buildings 2.1
Conduct comprehensive retrofit program
study and develop and implement a
strategic and equity focused building
retrofit program by 2021
Administration,
Community
Development
2020, Q3 Initiated
Circular Economy 1.1
Adopt an ordinance requiring organic waste
subscription for all residential and
commercial customers by 2022
Utilities 2022, Q1 Initiated
Circular Economy 1.2 Develop and implement program to
increase edible food rescue by 20 percent Utilities 2021, Q2
Uncertain
Implementation
Path
Circular Economy 1.3
Develop and implement a waste stream
education program for HOA/Property
Managers and the commercial sector
Utilities 2021, Q2 2021-23 Financial
Plan
Circular Economy 2.1 Update the Municipal Code solid waste
section and bin enclosure standards Utilities 2021, Q1 Initiated
Circular Economy 2.2 Develop and expand funding for a Solid
Waste section in the Utilities Department Utilities 2020, Q1 Done or Nearly
Complete
Connected 1.1 Establish a consistent method for tracking
and reporting mode split metrics Public Works 2021, Q1
2021-23 Financial
Plan
Connected 1.2
Research and develop an approach to a
“Mobility as a Service” platform for people
to easily use all modes of low carbon
mobility in the City
Administration, Public
Works 2021, Q1 Pursuing outside
resources.
Connected 2.1 Complete Active Transportation plan and
begin implementation immediately Public Works 2020, Q1
Done or Nearly
Complete
Connected 2.2 Launch micro mobility program by 2021 Public Works 2020, Q3 Initiated
Connected 3.1
Establish a policy and strategic approach to
leveraging existing and new parking
garages for downtown residential and
visitor serving uses and to allow for further
implementation of the Downtown Concept
Plan
Administration, Public
Works 2020, Q3 Initiated
Packet Page 195
Item 14
Foundational Action Action Description
Responsible
Department
Projected Action
Start Date
(calendar year)
Current Status
Connected 4.1 Develop transit electrification strategic
plan and begin implementing in 2020
Public Works,
Administration 2020, Q3 Initiated
Connected 4.2
Shorten transit headways through
accelerated implementation of the existing
Short-Range Transit Plan
Public Works 2021, Q1
2021-23 Financial
Plan
Connected 4.3
Explore additional innovative transit
options in the 2022 Short-Range Transit
Plan (e.g., on-demand deviated routes,
electric fleet expansion, micro transit, Bus
Rapid Transit, Transit Signal Priority)
Public Works 2021, Q1
2021-23 Financial
Plan
Connected 4.4 Assess feasibility of a “free to the user”
transit ridership program
Administration, Public
Works 2020, Q3 2021-23 Financial
Plan
Connected 5.1
Complete the 2019-21 Housing Element of
the General Plan Update and Flexible
Zoning Requirements for Downtown
Community
Development 2020, Q3 Initiated
Connected 6.1
Develop and begin implementing electric
mobility plan to achieve a goal of 40
percent electric vehicle miles traveled
(VMT) by 2035
Administration, Public
Works 2020, Q3 Pursuing outside
resources.
Energy 1.1
Launch Monterey Bay Community Power
and achieve a 98% participation rate while
advocating for programs that support
equity and achieve maximum local benefit
Community
Development 2020, Q1 Done or Nearly
Complete
Energy 2.1 Work with MBCP and PG&E to develop a
regional grid reliability strategy Administration 2020, Q1 Initiated
Energy 3.1
Partner with SoCal Gas to research options
for reducing greenhouse gas emissions
associated with the existing natural gas grid
Administration 2021, Q1 Initiated
Lead by Example 1.1 Adopt a municipal carbon neutrality plan in
2021 Administration 2020, Q4 Initiated
Lead by Example 2.1
Include carbon neutrality, social equity, and
a focus on developing a green local
economy in the updated Economic
Development Strategic Plan
Administration 2021, Q1
2021-23 Financial
Plan
Lead by Example 3.1 Research methods to support local
contractors and labor Administration 2021, Q3
Pursuing outside
resources.
Lead by Example 4.1
Create a formal approach to support and
empower community collaboration for
climate action
Administration 2021, Q3
Pursuing outside
resources.
Natural Solutions 1.1
Conduct Carbon Farming Study and Pilot
Project in 2021. If feasible, begin
implementation by 2023
Administration 2021, Q4 Initiated
Natural Solutions 2.1
Prepare the City’s first Urban Forest Master
Plan by 2021 and plant and maintain
10,000 new trees by 2035
Administration, Public
Works 2021, Q1 Initiated
Packet Page 196
Item 14
Rate Setting Objectives
1. Easy to understand
2. Environmentally sound
3. Supportive of waste
reduction goals
Department Name: Utilities
Cost Center:N/A
For Agenda of:November 17, 2020
Placement:Public Hearing
Estimated Time:20 minutes
FROM: Aaron Floyd, Utilities Director
Prepared By:Jennifer Thompson, Utilities Business Manager
Jordan Lane, Interim Solid Waste & Recycling Coordinator
SUBJECT:2020 INTERIM YEAR SOLID WASTE RATE ADOPTION
RECOMMENDATION
Adopt a Resolution (Attachment A) establishing Integrated Solid Waste Rates.
DISCUSSION
Background
The City currently has three distinct contracts with San Luis Garbage Company (the Garbage
Company) for hauling solid waste, recycling, and organic/green waste (Attachments B-D). These
contracts outline the obligations of both parties in areas such as service delivery, record keeping,
and regulatory compliance. In accordance with these contracts, the City’s solid waste, recycling,
and organic/green waste is collected for processing by the Garbage Company each week for
residential customers and up to seven days per week for commercial customers. The City has a
longstanding relationship with San Luis Garbage Company that has resulted in a high level of
service for many years.
The City’s Rate Setting Process and Proposed Increases
The City’s Solid Waste Rate Setting Manual
(Attachment E) serves to guide the three-year rate
setting process. As part of the rate request review and
analysis, the Garbage Company outlines the
revenues, expenditures, profits, and operational
information that is necessary to measure compliance
with the Solid Waste Rate Setting Manual and to
document the need for the proposed rate increase. In
addition to the financial documentation requirements,
the Solid Waste Rate Setting Manual aims to have
rates that are environmentally sound, easy to
understand, and supportive of the City’s waste reduction goals. The Solid Waste Rate Setting
Manual has been used as the region’s guiding document since 1994, and the City acknowledges
that it should be updated to reflect current laws and regulations. The proposed Solid Waste Rate
Setting Manual Update is one component of the proposed rate adjustment.
Packet Page 197
Item 15
The three-year rate setting process entails a base year rate setting with newly established rates,
followed by two interim years with more stringent criteria regarding the request of a rate change.
Through the rate setting process, annual increases related to Consumer Price Index (CPI) and
AB939 related fees are approved in the base years and applied to the interim years. The most
recent base year rates were adopted by Council in June 2019. The Garbage Company initially
submitted an Interim Year Rate Adjustment Application (Attachment F) to the City on November
6, 2019 requesting a 5.28 percent rate increase in addition to the approved annual CPI and
AB939 related fee increases that were applied in January 2020 and will be applied again in
January of 2021. The rate request came as a direct result of an increase in tipping fees at the Cold
Canyon Processing Facility, the local recycling facility. Tipping fees are fees paid by a party
disposing of waste at a facility and are based on the weight of the load. These fees are reviewed
during every base year rate setting and should they increase or decrease, those changes would be
reflected in the rate setting.
In correlation to a decline in the recycling market, tipping fees at the Processing Facility rose
from $67.50 per ton to $96.00 per ton creating a negative financial impact of over $300,000
annually to the Garbage Company.
In addition to tipping fee related increases, the City proposes the financing of a third-party Solid
Waste Rate Study and Solid Waste Rate Setting Manual Update in this rate adjustment period to
guarantee just and equitable rates in the next base year of 2022.
After review of the revenues, expenses, and operational data contained within the rate
application, and assessment of the cost to perform a rate study and solid waste rate setting
manual update, staff has found that the rate request meets the requirements of the City’s current
Solid Waste Rate Setting Manual.
Key Factors Contributing to Increased Solid Waste Collection/Disposal Costs
Recycled Material Processing Costs
Recycling tipping fee increases are largely attributed to global recycling market instability and
the reality that many unexpected costs of recycling were unaccounted for. The rapid change in
international markets resulted in a substantial decrease in the market value of recycled materials.
Additionally, increased recycling contamination, caused by “wishful recycling,” combined with
more strict contamination restrictions, has led to higher recycling processing costs. These issues
have increased recycling tipping fees at the Processing Facility from $67.50 per ton to $96.00 per
ton. The $96.00 per ton cost will impact recycling generated within the City of San Luis Obispo
and also recyclable material hauled to the Cold Canyon Processing Facility from other local
cities.
Third-party Solid Waste Rate Study and Solid Waste Rate Setting Manual Update
Every three years, the Garbage Company performs a solid waste rate audit as required by the
Solid Waste Rate Setting Manual. Historically, the studies have been performed under contracts
held by the Garbage Company. Prior to the next base year rate setting in 2022, the City will
pursue third-party rate validation through a Request for Proposal and a contract managed by the
City of San Luis Obispo.
Packet Page 198
Item 15
The City acknowledges the benefits of having a third-party agency provide a thorough rate study
to validate compliance with Proposition 218, which states that the cost to receive a property-
related service may not exceed the cost of providing that service. Findings will be presented
before City Council with the base year rate setting application in 2021-2022, along with a
recommendation for rate setting. Concurrently, the third-party contract agency will be
responsible for producing a Solid Waste Rate Setting Manual Update. The Solid Waste Rate
Setting Manual was written in 1994 and is missing crucial legislative language that has been
adopted since its establishment. A portion of the $150,000 budget will be used to update the
Solid Waste Rate Setting Manual, and a portion will be use to perform the Solid Waste Rate
Study. Upon completion of the Rate Study and Rate Setting Manual Update, during assessment
of costs for the 2022 rate setting, the $150,000 funding will be removed from consideration as it
is a one-time cost to be used prior to the 2022 base year.
Table 1: Key Rate Increase Factors
1a: Residential
1b: Commercial
San Luis Garbage Commitment to Service
Like many agencies, San Luis Garbage Company has
been faced with challenges during the pandemic. After
occurrences of COVID-related staffing shortages, the
Garbage Company had to adapt and rearrange their
resources to maintain consistent service. While the Fall
Clean Up Week was canceled as a result of these
shortages, service of all three waste streams has remained
consistent with little to no notable interruption. The
proposed rate increase will enable the Garbage Company
to continue serving the City of San Luis Obispo with high
levels of solid waste, recycling, and organics service.
Key Factor Proposed Rate Increase
Recycled material processing costs 3.69%
Third-party Solid Waste Rate Study and Rate Setting Manual
Update 1.65%
Total Proposed Residential Rate Increase 5.34%
Key Factor Proposed Rate Increase
Recycled material processing costs 3.87%
Third-party Solid Waste Rate Study and Rate Setting Manual
Update 1.73%
Total Proposed Commercial Rate Increase 5.60%
Packet Page 199
Item 15
Previous Council or Advisory Body Action
On June 18, 2019, City Council approved a solid waste rate increase of 13.72%, which enabled
San Luis Garbage to maintain recycling hauling service, provided support of an energy efficient
fleet necessary to meet compliance with State emissions regulations, and enabled hauling and
processing organic materials at the anaerobic digestion facility under a new organics program.
Policy Context
The recommendation to increase solid waste rates to maintain three-streams (solid waste,
recycling, organic waste) of service to our community aligns not only with our current Solid
Waste Rate Setting Manual, City’s Climate Action Plan1, and Municipal Code
2, but also with
regulations of the State of California. To ensure all three-streams are available to all members of
the community, we must account for the cost of each program when considering rate
adjustments. The Climate Action Plan and state regulations like Assembly Bill 9393 and Senate
Bill 13834 identify the impacts of a lack of service as being detrimental to diversion goals and to
the environment. For example, organic waste hauled as solid waste and sent to the landfill
contributes to the environmentally harmful generation of methane gas which is then exposed to
our environment and community. In regards to recycling, as the market for recyclable materials
becomes more competitive and wains in response to global policy, the tipping fees at the facility
may rise or fall. Each of these examples contributes to an overall cost of operations that must be
calculated and accounted for in rate setting.
Public Engagement
In compliance with the Proposition 218 (Prop 218) noticing schedule, San Luis Garbage mailed a
notice to each property in the City on September 25
th, more than 45 days prior to the November
17th City Council meeting. The notice includes the proposed rate increase, a summary of the
purpose of the increase, a fee schedule, and instructions on how to protest the proposed increase.
The notices are also posted on the Garbage Company’s website and are attached to the
November 17th City Council Agenda Packet. If the proposed rates are approved, the rate study
results will also be shared with the public and City Council at a meeting prior to the 2022 rate
setting base year.
CONCURRENCE
The City’s Finance Department concurs with the recommended action.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action,
1 City of San Luis Obispo Climate Action Plan Update and CEQA GHG Emissions Thresholds. (2020, August 3).
Retrieved from https://www.slocity.org/home/showdocument?id=27813
2 City of San Luis Obispo Municipal Code Section 8.04.040 "Collection Required at Least Once a Week.".
Retrieved from https://sanluisobispo.municipal.codes/Code/8.04.040
3 H.R. AB-939 Solid waste management, source reduction, recycling, composting, and market development.,
Section 11553 of the Government Code (1989) (enacted).
4 S. SB-1383, Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code
SB-1383 Short-lived climate pollutants: methane emissions: dairy and livestock: organic waste: landfills. (2016)
(enacted).
Packet Page 200
Item 15
because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACTS
Budgeted: NA Budget Year: NA
Funding Identified: NA
Fiscal Analysis:
The proposed solid waste rate increases are to become effective on December 1, 2020. Proposed
rates for residential customers can be found in Attachment G, while proposed rates for
commercial customers can be found in Attachment H. Sample increases for standard residential
and commercial customers are listed in Tables 2a and 2b below. The annual fiscal impact to the
City accounts is shown in Tables 3a and 3b below.
Table 2a: Standard Residential Service Rate Increases
Table 2b: Standard Commercial Service Rate Increases
Table 3a: Fiscal Impact to City Cost Centers
The City pays solid waste bills for its facilities so it will also see an increase to its bills. The total
increase across all funds is $3,447.14 per year.
Operating Expenditures
Funding
Sources
Current Cost
(annual)
Proposed Rate
Change
New Cost
(annual)
Difference
(annual)
General Fund $34,028.04 +5.6%$35,933.61 $1,905.57
Sewer Fund $23,344.50 +5.6%$24,651.79 $1,307.29
Water Fund $3,534.66 +5.6%$3,732.60 $197.94
Parking Fund $648.84 +5.6%$685.18 $36.34
Total $61,556.04 +5.6%$65,003.18 $3,447.14
Service Level (includes solid waste,
recycling, and organics services)Current Rate Proposed Rate Monthly
Difference
Economy Rate (32 Gallon Container)$16.76 $17.65 +$0.89
Standard Rate (64 Gallon Container)$33.53 $35.32 +$1.79
Premium Rate (96 Gallon Container)$50.29 $52.98 +$2.69
Service Level (includes solid waste,
recycling, and organics services)Current Rate Proposed Rate Monthly
Difference
2 Yd Dumpster Service 1x Weekly $131.64 $139.02 +$7.38
2 Yd Dumpster Service 2x Weekly $197.45 $208.51 +$11.06
2 Yd Dumpster Service 3x Weekly $263.32 $278.07 +$14.75
Packet Page 201
Item 15
Table 3b: Fiscal Impact to City Franchise Fee
The Franchise Fee is established in the Solid Waste Contract as ten percent of the Franchisee’s
gross revenues for collection and disposal of solid waste within the City. Franchise fee payments
are paid monthly from the Garbage Company to the City’s General Fund. The rate increase will
result in an annual increase of $51,254.29 in general fund franchise fees.
Franchise Fee Revenue
Funding
Sources
Current
Budget
(annual)
Proposed Rate
Change
New Budget
(annual)
Difference
(annual)
General Fund $943,909.56 +5.43%$995,163.85 $51,254.29
Total $943,909.56 +5.43%$995,163.85 $51,254.29
ALTERNATIVES
Council may elect not to approve the proposed solid waste rates.The proposed solid waste rates
are necessary to continue providing environmentally sound solid waste, recycling, and organic
waste collection, and processing services to the community. Staff believes that the level of
service provided to the community by San Luis Garbage meets the community’s needs and
expectations, despite current global challenges.
Without approval of the proposed rate increase, the outdated version of the Solid Waste Rate
Setting Manual will remain as the guiding document for the City’s rate setting process, the City
will not have oversight over the next solid waste rate study for base year 2022, and the Garbage
Company will be operating at a revenue shortfall of over $300,000 per year. Consequences of the
aforementioned outcomes include operating under an ineffective and noncompliant rate setting
manual until City and Garbage Company staff can successfully update the rate setting manual
internally, making major rate setting decisions based only on a final report released by the
Garbage Company, and expecting potential changes to service due to cost cutting measures the
Garbage Company may take as a result of decreased funding. Additionally, the rates offered by
San Luis Garbage are competitive and reasonably priced as compared to other jurisdictions in the
region and state. Therefore, this alternative is not recommended.
Packet Page 202
Item 15
Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - Solid Waste Contract dated August 20, 2010
c - COUNCIL READING FILE - Recycling Contract dated August 20, 2010
d - COUNCIL READING FILE - Green Waste Contract dated November 19, 2015
e - COUNCIL READING FILE - Solid Waste Rate Setting Manual
f - Interim Year Rate Application
g - Residential Prop 218
h - Commercial Prop 218
Packet Page 203
Item 15
R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING INTEGRATED SOLID WASTE
RATES
WHEREAS,on June 21, 1994, the City Council of the City of San Luis Obispo approved
the Rate Setting Manual Process and Methodology Manual for Integrated Solid Waste
Management Rates; and
WHEREAS,an accurate and final rate application was received from San Luis Garbage
Company on August 6, 2020 requesting an increase of residential solid waste rates by 5.34 percent
and an increase of commercial solid waste rates by 5.60 percent; and
WHEREAS,notices regarding the requested rate increase were mailed to all property
owners and customers 45 days prior to the November 17, 2020 public hearing; and
WHEREAS,sufficient protests were not received to prevent the rate increase; and
WHEREAS,a review of San Luis Garbage Company’s 2020 Interim Year Solid Waste
Rate Application has been completed in accordance with the adopted solid waste rate setting
policies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1.Resolution No. 11025 (2019 series) is hereby rescinded as of 11:59 p.m.,
November 17, 2020.
Packet Page 204
Item 15
Resolution No. _____ (2020 Series) Page 2
R ______
SECTION 2.Rate increase outlined in Exhibit F shall become effective at 12:00 a.m.
December 1, 2020, as outlined in the Proposition 218 notification.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
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, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
Packet Page 205
Item 15
Resolution No. _____ (2020 Series) Page 3
R ______
EXHIBIT A
SINGLE FAMILY AND MULTI-UNIT RESIDENTIAL (4 UNITS OR LESS)
SAN LUIS GARBAGE COMPANY, INC. APPROVED BASE RATE INCREASE
CITY OF SAN LUIS OBISPO
SERVICE DESCRIPTION PICK APPROVED
RATE
ADJUSTMENT
%
NEW
MONTHLY
UPS CURRENT RATE
PER RATE EFFECTIVE
WEEK 12/01/2020
Price per month for specified waste-wheeler container collected once each week. One Greenwaste container (green
lid) and one recycling container (blue lid) service is included at no additional charge.
MINI-CAN SERVICE
One 19 gallon waste wheeler container 1 $10.51 5.34%$11.07
ECONOMY RATE
One 32 gallon waste wheeler container 1 $16.76 5.34%$17.65
STANDARD RATE
One 64 gallon waste wheeler container 1 $33.53 5.34%$35.32
PREMIUM RATE
One 96 gallon waste wheeler container 1 $50.29 5.34%$52.98
PREMIUM PLUS RATE
One 96 gallon waste wheeler at the premium rate plus an
additional charge of:
One 32 gallon waste wheeler container 1 $15.28 5.34%$16.09
One 64 gallon waste wheeler container 1 $30.59 5.34%$32.22
One 96 gallon waste wheeler container 1 $45.85 5.34%$48.29
DESIGNED MANUAL SERVICE (determined by city
staff)
MINI-CAN SERVICE 1 $17.06 5.34%$17.97
ECONOMY RATE 1 $27.28 5.34%$28.74
STANDARD RATE 1 $54.60 5.34%$57.52
PREMIUM RATE 1 $81.85 5.34%$86.22
LONG TERM VACANT RATE (UNFURNISHED)1 $8.62 5.34%$9.08
SERVICE AWAY FROM THE STREET CURB
Additional per month per can or container charge $11.43 5.34%$12.04
Packet Page 206
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USED OIL COLLECTION - no charge (Call for details and pick up information).
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (Phone call required)
Per trip charge plus charges identified below for any extra
containers or equivalent volume.$16.92 5.34%$17.82
Additional charge per 32 gallon can or equivalent volume
per collection.$8.39 5.34%$8.84
RESIDENTIAL - OTHER CHARGES:
TAX LIEN CERT. MAIL FEE $4.05 5.34%$4.27
SPECIAL TRIP FEE $50.73 5.34%$53.44
LOOSE CARDBOARD $8.99 5.34%$9.47
RESTART FEE-RESIDENTIAL $25.36 5.34%$26.71
WHITE GOODS $31.69 5.34%$33.38
XTRA RECYCLE 64 OR 96 GAL CART $1.76 5.34%$1.85
XTRA GREENWASTE 64 OR 96 GAL CART $6.52 5.34%$6.87
EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (Phone call required)
Per trip, plus applicable amount below:$25.51 5.34%$26.87
Per garbage can or equivalent volume. (Over 6 cans by
quotation)$8.39 5.34%$8.84
Per recycling can or equivalent volume. (Over 6 cans by
quotation)$4.20 5.34%$4.42
Per white good article/ appliance. (Once a month only)$18.74 5.34%$19.74
Per piece of furniture.$18.74 5.34%$19.74
Per mattress or boxspring.$18.74 5.34%$19.74
x Customers requesting Temporary Bins or Rolloff boxes service can call the office for current rates.
x Polystyrene (Styrofoam, Plastic #6) is no longer collected for recycling and should be thrown away as trash.
x Once a week pick-up of one Greenwaste container (green) and one recycling container (blue) are included in
the solid waste service fee.
x Recycling and greenwaste containers should be placed near/next to your garbage container for collection 3
feet apart.
x Late Fees are imposed for residential customers over 30 days delinquent and commercial customers over 30
days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior
notice is required, as this late fee policy is stated at the bottom of every bill.
Packet Page 207
Item 15
Resolution No. _____ (2020 Series) Page 5
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COMMERCIAL AND MULTI-UNIT RESIDENTIAL (5 UNITS OR MORE)
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (Phone call required)
Description Frequency
Current
Rate
Increase
%New Rate
Per trip charge plus charges identified
below for any extra containers or equivalent
volume.Per Trip $17.02 5.60%$17.97
Additional charge per 32 gallon can or
equivalent volume per collection.Unit $9.12 5.60%$9.63
Additional charge per 64 gallon can or
equivalent volume per collection.Unit $18.24 5.60%$19.26
Additional charge per 96 gallon can or
equivalent volume per collection.Unit $27.36 5.60%$28.89
EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (Phone call required)
Per trip, plus applicable amount below:$25.51 5.60%$26.94
Per garbage can or equivalent
volume. (Over 6 cans by quotation)$9.12 5.60%$9.63
Per recycling can or equivalent
volume. (Over 6 cans by quotation)$4.22 5.60%$4.46
Per white good article/ appliance.
(Once a month only)$18.74 5.60%$19.79
Per piece of furniture.$18.74 5.60%$19.79
Per mattress or boxspring.$18.74 5.60%$19.79
Delivery Charge Per Trip $27.60 5.60%$29.15
Commercial maintenance fee (per
dumpster/can)Per Trip $25.51 5.60%$26.94
COMMERCIAL GARBAGE CANS SERVICE PER MONTH
Description Frequency
Current
Rate
Increase
%New Rate
One 32 Gallon Can 1 $29.74 5.60%$31.41
One 32 Gallon Can 2 $46.68 5.60%$49.29
One 32 Gallon Can 3 $63.72 5.60%$67.29
One 32 Gallon Can 4 $80.66 5.60%$85.18
One 32 Gallon Can 5 $97.63 5.60%$103.10
One 32 Gallon Can 6 $114.62 5.60%$121.04
One 32 Gallon Can 7 $131.57 5.60%$138.94
Two 32 Gallon Cans 1 $38.22 5.60%$40.36
Two 32 Gallon Cans 2 $59.48 5.60%$62.81
Two 32 Gallon Cans 3 $80.68 5.60%$85.20
Two 32 Gallon Cans 4 $101.91 5.60%$107.62
Two 32 Gallon Cans 5 $123.19 5.60%$130.09
Two 32 Gallon Cans 6 $144.40 5.60%$152.49
Packet Page 208
Item 15
Resolution No. _____ (2020 Series) Page 6
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Two 32 Gallon Cans 7 $165.63 5.60%$174.91
Three 32 Gallon Cans 1 $46.70 5.60%$49.32
Three 32 Gallon Cans 2 $72.25 5.60%$76.30
Three 32 Gallon Cans 3 $97.70 5.60%$103.17
Three 32 Gallon Cans 4 $123.25 5.60%$130.15
Three 32 Gallon Cans 5 $148.68 5.60%$157.01
Three 32 Gallon Cans 6 $174.17 5.60%$183.92
Three 32 Gallon Cans 7 $199.68 5.60%$210.86
Four 32 Gallon Cans 1 $55.22 5.60%$58.31
Four 32 Gallon Cans 2 $84.96 5.60%$89.72
Four 32 Gallon Cans 3 $114.66 5.60%$121.08
Four 32 Gallon Cans 4 $144.41 5.60%$152.50
Four 32 Gallon Cans 5 $174.14 5.60%$183.89
Four 32 Gallon Cans 6 $203.90 5.60%$215.32
Four 32 Gallon Cans 7 $233.58 5.60%$246.66
Five 32 Gallon Cans 1 $63.74 5.60%$67.31
Five 32 Gallon Cans 2 $97.67 5.60%$103.14
Five 32 Gallon Cans 3 $131.65 5.60%$139.02
Five 32 Gallon Cans 4 $165.61 5.60%$174.88
Five 32 Gallon Cans 5 $199.63 5.60%$210.81
Five 32 Gallon Cans 6 $233.56 5.60%$246.64
Five 32 Gallon Cans 7 $267.53 5.60%$282.51
Six 32 Gallon Cans 1 $72.25 5.60%$76.30
Six 32 Gallon Cans 2 $110.42 5.60%$116.60
Six 32 Gallon Cans 3 $148.62 5.60%$156.94
Six 32 Gallon Cans 4 $186.86 5.60%$197.33
Six 32 Gallon Cans 5 $225.04 5.60%$237.64
Six 32 Gallon Cans 6 $263.27 5.60%$278.01
Six 32 Gallon Cans 7 $301.46 5.60%$318.34
*Rates for all Gallon Can customers include recycling pickup once per week. Additional service
frequencies can be provided at 25% of the service rate for the specified level of service required
above.
COMMERCIAL WASTE WHEELER CONTAINER SERVICE PER MONTH
Description Frequency
Current
Rate
Increase
%New Rate
One 96 Gallon Waste Wheeler 1 $53.01 5.60%$55.98
One 96 Gallon Waste Wheeler 2 $84.87 5.60%$89.62
One 96 Gallon Waste Wheeler 3 $116.73 5.60%$123.27
One 96 Gallon Waste Wheeler 4 $148.56 5.60%$156.88
One 96 Gallon Waste Wheeler 5 $180.46 5.60%$190.57
Packet Page 209
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Resolution No. _____ (2020 Series) Page 7
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One 96 Gallon Waste Wheeler 6 $212.27 5.60%$224.16
One 96 Gallon Waste Wheeler 7 $244.14 5.60%$257.81
Two 96 Gallon Waste Wheelers 1 $86.88 5.60%$91.75
Two 96 Gallon Waste Wheelers 2 $133.55 5.60%$141.03
Two 96 Gallon Waste Wheelers 3 $180.27 5.60%$190.37
Two 96 Gallon Waste Wheelers 4 $226.95 5.60%$239.66
Two 96 Gallon Waste Wheelers 5 $273.68 5.60%$289.01
Two 96 Gallon Waste Wheelers 6 $320.34 5.60%$338.28
Two 96 Gallon Waste Wheelers 7 $367.12 5.60%$387.68
Three 96 Gallon Waste Wheelers 1 $120.76 5.60%$127.52
Three 96 Gallon Waste Wheelers 2 $182.31 5.60%$192.52
Three 96 Gallon Waste Wheelers 3 $243.89 5.60%$257.55
Three 96 Gallon Waste Wheelers 4 $0.00 5.60%$0.00
Three 96 Gallon Waste Wheelers 5 $367.05 5.60%$387.60
Three 96 Gallon Waste Wheelers 6 $428.58 5.60%$452.58
Three 96 Gallon Waste Wheelers 7 $490.16 5.60%$517.61
Four 96 Gallon Waste Wheelers 1 $154.61 5.60%$163.27
Four 96 Gallon Waste Wheelers 2 $231.05 5.60%$243.99
Four 96 Gallon Waste Wheelers 3 $308.18 5.60%$325.44
Four 96 Gallon Waste Wheelers 4 $383.91 5.60%$405.41
Four 96 Gallon Waste Wheelers 5 $460.37 5.60%$486.15
Four 96 Gallon Waste Wheelers 6 $536.75 5.60%$566.81
Four 96 Gallon Waste Wheelers 7 $613.26 5.60%$647.60
Five 96 Gallon Waste Wheelers 1 $188.49 5.60%$199.05
Five 96 Gallon Waste Wheelers 2 $279.85 5.60%$295.52
Five 96 Gallon Waste Wheelers 3 $371.10 5.60%$391.88
Five 96 Gallon Waste Wheelers 4 $462.41 5.60%$488.30
Five 96 Gallon Waste Wheelers 5 $553.70 5.60%$584.70
Five 96 Gallon Waste Wheelers 6 $645.01 5.60%$681.13
Five 96 Gallon Waste Wheelers 7 $736.30 5.60%$777.53
Six 96 Gallon Waste Wheelers 1 $222.39 5.60%$234.84
Six 96 Gallon Waste Wheelers 2 $328.55 5.60%$346.95
Six 96 Gallon Waste Wheelers 3 $434.72 5.60%$459.06
Seven 96 Gallon Waste Wheelers 1 $256.25 5.60%$270.60
Eight 96 Gallon Waste Wheelers 1 $290.13 5.60%$306.38
Eight 96 Gallon Waste Wheelers 7 $1,105.52 5.60%$1,167.43
Packet Page 210
Item 15
Resolution No. _____ (2020 Series) Page 8
R ______
* Rates for all Gallon Can customers include recycling pickup once per week. Additional service
frequencies can be provided at 25% of the service rate for the specified level of service required
above.
MULTI-UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH)
Description Frequency
Current
Rate
Increase
%New Rate
1 Yd Dumpster 1 $121.04 5.60%$127.82
1 Yd Dumpster 2 $176.29 5.60%$186.16
1 Yd Dumpster 3 $231.44 5.60%$244.40
1 Yd Dumpster 4 $286.64 5.60%$302.69
1 Yd Dumpster 5 $341.88 5.60%$361.03
1 Yd Dumpster 6 $397.04 5.60%$419.27
1 Yd Dumpster 7 $452.25 5.60%$477.58
1.5 Yd Dumpster 1 $140.13 5.60%$147.98
1.5 Yd Dumpster 2 $216.56 5.60%$228.69
1.5 Yd Dumpster 3 $293.02 5.60%$309.43
1.5 Yd Dumpster 4 $369.44 5.60%$390.13
1.5 Yd Dumpster 5 $445.86 5.60%$470.83
1.5 Yd Dumpster 6 $522.29 5.60%$551.54
1.5 Yd Dumpster 7 $598.70 5.60%$632.23
2 Yd Dumpster 1 $159.23 5.60%$168.15
2 Yd Dumpster 2 $254.80 5.60%$269.07
2 Yd Dumpster 3 $350.32 5.60%$369.94
2 Yd Dumpster 4 $445.86 5.60%$470.83
2 Yd Dumpster 5 $541.40 5.60%$571.72
2 Yd Dumpster 6 $636.94 5.60%$672.61
2 Yd Dumpster 7 $732.46 5.60%$773.48
3 Yd Dumpster 1 $197.43 5.60%$208.49
3 Yd Dumpster 2 $331.23 5.60%$349.78
3 Yd Dumpster 3 $464.98 5.60%$491.02
3 Yd Dumpster 4 $598.77 5.60%$632.30
3 Yd Dumpster 5 $732.50 5.60%$773.52
3 Yd Dumpster 6 $866.30 5.60%$914.81
3 Yd Dumpster 7 $1,000.07 5.60%$1,056.07
4 Yd Dumpster 1 $235.68 5.60%$248.88
4 Yd Dumpster 2 $409.77 5.60%$432.72
4 Yd Dumpster 3 $583.92 5.60%$616.62
4 Yd Dumpster 4 $758.05 5.60%$800.50
4 Yd Dumpster 5 $932.13 5.60%$984.33
Packet Page 211
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4 Yd Dumpster 6 $1,106.28 5.60%$1,168.23
4 Yd Dumpster 7 $1,280.44 5.60%$1,352.14
6 Yd Dumpster 1 $312.08 5.60%$329.56
6 Yd Dumpster 2 $564.76 5.60%$596.39
6 Yd Dumpster 3 $817.46 5.60%$863.24
6 Yd Dumpster 4 $1,070.14 5.60%$1,130.07
6 Yd Dumpster 5 $1,322.84 5.60%$1,396.92
6 Yd Dumpster 6 $1,625.07 5.60%$1,716.08
6 Yd Dumpster 7 $1,845.18 5.60%$1,948.51
COMMERCIAL DUMPSTER CONTAINER SERVICE - In cubic yards
Description Frequency
Current
Rate
Increase
%New Rate
1 Yd Dumpster 1 $106.16 5.60%$112.10
1 Yd Dumpster 2 $148.62 5.60%$156.94
1 Yd Dumpster 3 $191.11 5.60%$201.81
1 Yd Dumpster 4 $233.56 5.60%$246.64
1 Yd Dumpster 5 $276.01 5.60%$291.47
1 Yd Dumpster 6 $318.50 5.60%$336.34
1 Yd Dumpster 7 $360.97 5.60%$381.18
1.5 Yd Dumpster 1 $118.91 5.60%$125.57
1.5 Yd Dumpster 2 $174.09 5.60%$183.84
1.5 Yd Dumpster 3 $229.28 5.60%$242.12
1.5 Yd Dumpster 4 $284.51 5.60%$300.44
1.5 Yd Dumpster 5 $339.70 5.60%$358.72
1.5 Yd Dumpster 6 $394.92 5.60%$417.04
1.5 Yd Dumpster 7 $450.12 5.60%$475.33
2 Yd Dumpster 1 $131.64 5.60%$139.01
2 Yd Dumpster 2 $197.45 5.60%$208.51
2 Yd Dumpster 3 $263.32 5.60%$278.07
2 Yd Dumpster 4 $329.12 5.60%$347.55
2 Yd Dumpster 5 $394.95 5.60%$417.07
2 Yd Dumpster 6 $460.77 5.60%$486.58
2 Yd Dumpster 7 $526.60 5.60%$556.09
3 Yd Dumpster 1 $157.12 5.60%$165.92
3 Yd Dumpster 2 $248.39 5.60%$262.30
3 Yd Dumpster 3 $339.70 5.60%$358.72
3 Yd Dumpster 4 $431.00 5.60%$455.14
3 Yd Dumpster 5 $522.29 5.60%$551.54
3 Yd Dumpster 6 $613.60 5.60%$647.96
3 Yd Dumpster 7 $704.93 5.60%$744.41
Packet Page 212
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Resolution No. _____ (2020 Series) Page 10
R ______
4 Yd Dumpster 1 $182.57 5.60%$192.79
4 Yd Dumpster 2 $301.49 5.60%$318.37
4 Yd Dumpster 3 $420.36 5.60%$443.90
4 Yd Dumpster 4 $539.29 5.60%$569.49
4 Yd Dumpster 5 $658.17 5.60%$695.03
4 Yd Dumpster 6 $777.07 5.60%$820.59
4 Yd Dumpster 7 $896.01 5.60%$946.19
6 Yd Dumpster 1 $233.51 5.60%$246.59
6 Yd Dumpster 2 $401.27 5.60%$423.74
6 Yd Dumpster 3 $569.04 5.60%$600.91
6 Yd Dumpster 4 $736.80 5.60%$778.06
6 Yd Dumpster 5 $904.56 5.60%$955.22
6 Yd Dumpster 6 $1,072.30 5.60%$1,132.35
6 Yd Dumpster 7 $1,240.09 5.60%$1,309.54
8 Yd Dumpster 1 $284.48 5.60%$300.41
8 Yd Dumpster 2 $501.04 5.60%$529.09
8 Yd Dumpster 3 $717.64 5.60%$757.83
8 Yd Dumpster 4 $934.24 5.60%$986.56
8 Yd Dumpster 5 $1,150.84 5.60%$1,215.29
8 Yd Dumpster 6 $1,367.38 5.60%$1,443.95
8 Yd Dumpster 7 $1,583.99 5.60%$1,672.69
Sunday Service *$74.33 5.60%$78.49
The rates shown above include the monthly container rental fee and are the same for bins and
garwoods, when volume is identical. (Bins and garwoods are types of containers)
UNSCHEDULED EXTRA COLLECTIONS
FOR COMMERCIAL CUSTOMERS &
MULTI-UNIT
1 CUBIC YARD Per Lift $48.86 5.60%$51.60
1.5 CUBIC YARD Per Lift $54.19 5.60%$57.22
2 CUBIC YARDS Per Lift $63.73 5.60%$67.30
3 CUBIC YARDS Per Lift $78.56 5.60%$82.96
4 CUBIC YARDS Per Lift $93.42 5.60%$98.65
COMMERCIAL - OTHER CHARGES:
Description Frequency
Current
Rate
Increase
%New Rate
LOOSE CARDBOARD Per Yard $9.03 5.60%$9.54
LOOSE YARDAGE (SOLID WASTE)Per Yard $36.09 5.60%$38.11
Packet Page 213
Item 15
Resolution No. _____ (2020 Series) Page 11
R ______
REPLACEMENT COST FOR
BINS/CONTAINERS Per Quote
RENTAL Per Month $42.51 5.60%$44.89
TEMPORARY RENTAL CHARGE Per Day $1.42 5.60%$1.50
WHITE GOODS Per Unit $31.86 5.60%$33.65
TAX LIEN CERT. MAIL FEE Per Mailing $4.05 5.60%$4.28
LOCK CHARGE-FRONT Per Month $79.71 5.60%$84.18
LOCK CHARGE-REAR Per Month $59.76 5.60%$63.11
STAND BY TIME Per Minute $1.18 5.60%$1.25
STATIONARY ROLL-OFF COMPACTORS
(PER TON)Per Ton $52.46 5.60%$55.39
STATIONARY ROLL-OFF COMPACTORS
(HAUL RATE)Per Hour $163.00 5.60%$172.13
FRONTLOAD COMPACTORS (2X NORMAL
RATE)Per Unit
2X rate of matching sized dumpster
rate above
XTRA 32 64 OR 96 GAL GREENWASTE Per Unit $1.77 5.60%$1.87
XTRA 32 OR 64 OR 96 GAL RECYCLE Per Unit $1.77 5.60%$1.87
RECYCLING SERVICES
CARDBOARD & COMMINGLED RECYCLING COLLECTION OF COMMERCIAL DUMPSTER
CONTAINERS
Description Frequency
Current
Rate
Increase
%New Rate
1 Yd Dumpster 1
INCLUDE
D *
INCLUDED
*
1 Yd Dumpster 2
INCLUDE
D *
INCLUDED
*
1 Yd Dumpster 3 $47.78 5.60%$50.46
1 Yd Dumpster 4 $58.40 5.60%$61.67
1 Yd Dumpster 5 $69.00 5.60%$72.86
1 Yd Dumpster 6 $79.65 5.60%$84.11
1 Yd Dumpster 7 $90.23 5.60%$95.28
1.5 Yd Dumpster 1
INCLUDE
D *
INCLUDED
*
1.5 Yd Dumpster 2
INCLUDE
D *
INCLUDED
*
1.5 Yd Dumpster 3 $57.33 5.60%$60.54
1.5 Yd Dumpster 4 $71.11 5.60%$75.09
1.5 Yd Dumpster 5 $84.91 5.60%$89.66
1.5 Yd Dumpster 6 $98.70 5.60%$104.23
1.5 Yd Dumpster 7 $112.53 5.60%$118.83
2 Yd Dumpster 1
INCLUDE
D *
INCLUDED
*
2 Yd Dumpster 2
INCLUDE
D *
INCLUDED
*
Packet Page 214
Item 15
Resolution No. _____ (2020 Series) Page 12
R ______
2 Yd Dumpster 3 $65.81 5.60%$69.50
2 Yd Dumpster 4 $82.27 5.60%$86.88
2 Yd Dumpster 5 $98.71 5.60%$104.24
2 Yd Dumpster 6 $115.22 5.60%$121.67
2 Yd Dumpster 7 $131.65 5.60%$139.02
3 Yd Dumpster 1
INCLUDE
D *
INCLUDED
*
3 Yd Dumpster 2
INCLUDE
D *
INCLUDED
*
3 Yd Dumpster 3 $84.91 5.60%$89.66
3 Yd Dumpster 4 $107.78 5.60%$113.82
3 Yd Dumpster 5 $130.58 5.60%$137.89
3 Yd Dumpster 6 $153.41 5.60%$162.00
3 Yd Dumpster 7 $176.23 5.60%$186.09
4 Yd Dumpster 1
INCLUDE
D *
INCLUDED
*
4 Yd Dumpster 2
INCLUDE
D *
INCLUDED
*
4 Yd Dumpster 3 $105.12 5.60%$111.01
4 Yd Dumpster 4 $134.82 5.60%$142.37
4 Yd Dumpster 5 $164.56 5.60%$173.78
4 Yd Dumpster 6 $194.31 5.60%$205.19
4 Yd Dumpster 7 $223.96 5.60%$236.51
6 Yd Dumpster 1
INCLUDE
D *
INCLUDED
*
6 Yd Dumpster 2
INCLUDE
D *
INCLUDED
*
6 Yd Dumpster 3 $142.28 5.60%$150.25
6 Yd Dumpster 4 $184.21 5.60%$194.53
6 Yd Dumpster 5 $226.16 5.60%$238.82
6 Yd Dumpster 6 $268.07 5.60%$283.08
6 Yd Dumpster 7 $310.03 5.60%$327.39
8 Yd Dumpster 1
INCLUDE
D *
INCLUDED
*
8 Yd Dumpster 2
INCLUDE
D *
INCLUDED
*
8 Yd Dumpster 3 $170.37 5.60%$179.91
8 Yd Dumpster 4 $221.79 5.60%$234.21
8 Yd Dumpster 5 $273.21 5.60%$288.51
8 Yd Dumpster 6 $332.15 5.60%$350.75
8 Yd Dumpster 7 $384.72 5.60%$406.27
Packet Page 215
Item 15
Resolution No. _____ (2020 Series) Page 13
R ______
The rates shown above include the monthly container rental fee and are the same for bins and
garwoods, when volume is identical. (Bins and garwoods are types of containers used for recycling)
All commercial customers are eligible for one standard waste wheeler recycling at no additional
charge. Commercial customers can choose from a 64 or 96 gallon blue waste wheeler once per week
for commingled recycling.
White office paper can be commingled with the other recyclables in the blue waste wheeler.
Polystyrene (Styrofoam, Plastic #6) is no longer collected for recycling and should be thrown away as
trash.
Late Fees are imposed for commercial customers over 30 days delinquent. The fee is 1.5% per month
of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy
is stated at the bottom of every bill.
Effective date for rates in Current Rate
column was: 6/19/19
This increase is approximately :5.60%
Effective
Date:12/01/2020
Packet Page 216
Item 15
Resolution No. _____ (2020 Series) Page 14
R ______
EXHIBIT B
1. For residential customers, increases of 3.69 percent on December 1,
2020 for increases in the cost of recycling disposal.
2. For commercial customers, increases of 1.65 percent on December 1,
2020 for proposed solid waste rate study and Rate Setting Manual
update performed by a 3
rd party consultant.
3. For commercial customers, increases of 3.87 percent on December 1,
2020 for increases in the cost of recycling disposal.
4. For commercial customers, increases of 1.73 percent on December 1,
2020 for proposed Solid Waste Rate Study and Rate Setting Manual
Update performed by a 3
rd party consultant.
Packet Page 217
Item 15
Packet Page 218
Item 15
Attachment 1
Financial Information
Section I-Base Year Costs
Base Year Controllable Costs
6. Total Allowable Costs $7,671,940
7. Plus Allowable Operating Profit $577,458
8. Plus Lease Payments to Affiliated Companies $94,926
9. Equals Total Controllable costs $8,344,324 78.2%
Base Year Pass Through Costs
10. Tipping Fees $2,151,960
11. Plus AB 939 and Regulatory Fees $171,224
12. Equals Total Pass Through Costs $2,323,184 21.8%
13.Base Year Revenue Requirements (Before Franchise Fee)$10,667,507 100%
Section II-Changes in Costs
Change in Controllable Cost
14. Historical Percentage Change in Consumer Price Index 0.0%
Change in Pass Through Cost
15. Base Year 2019 Tipping Fees $2,151,960
16. Plus Base Year 2019 AB939 Fees $171,224
17. Equals Total Base Year Pass Through Costs $2,323,184
18 Projected Interim Year 2020 Tipping Fees $2,512,088
19. Projected Interim Year 2020 AB939 Fees and Rate Study and Fee $332,514
20. Equals Total Projected Interim Year Pass Through costs $2,844,602
21. Projected Percentage Change in Pass Through Costs 22.44%
Section III-Calculation of Percent Change in Rates
Weighted Change in Controllable Costs
22. Controllable Costs as a Percent of Base Year Revenue Requirements 78.2%
23. Multiplied by Percent change in CPI 0.0%
24. Equals Weighted Percent Change in Controllable Costs 0.00%
Weighted Change in Pass Through Costs
25. Pass Through Costs as a Percent of Base Yr Revenue Requirements 21.8%
26. Multiplied by Percent Change in Pass Through Costs 22.44%
27. Equals Weighted Percent Change in Pass Through Costs 4.89%
Total Change
28. Total Percent Change in Cost (Line 24+ Line 27+ Line 28) 4.89%
29. Divided by Adjustment for Franchise Fee 90% 90.0%
30. Equals Percent change in Existing Rates 5.43%
Page 2 of 3
San Luis Garbage Company
2020 Interim Year Rate Adjustment Application
Packet Page 219
Item 15
Tipping Fee Change Calculations
Tons (1) Rate (2) Extended
Per Base Year:
1. Solid Waste Tipping Fees (3) 33,648 41.07$ 1,382,058$
2. Recyclable Tipping Fees 11,406 67.50$ 769,902
3. Consolidated Tipping Fees 2019 45,054 2,151,960$
Per Interim Year:
4. Solid Waste Tipping Fees 33,648 41.04$ 1,380,824$
5. Recyclable Tipping Fees 11,784 96.00$ 1,131,264
6. Consolidated Tipping Fees 2020 45,432 2,512,088$
7. Change in Tipping Fees and Tons 378 360,128$
(1) Tonnage Estimates from Approved Base Year Application for 2019
(2) Rate for Base Year is extended cost/tons. Rate for 2020 interim year replaces the 2019
base year tip fee with the commingle tip fee increase effective October 1, 2019 of $96.00/ton.
(3) Includes $1,234 of green waste trucking expense that will not be repeated in the interim year.
Page 3 of 3
2020 Interim Year Rate Adjustment Application
San Luis Garbage Company
(4) Requesting $360,128 above to cover the tipping fee increase to $96/ton and $161,291 ($150,000/.93) to cover
the rate manual study cost. The total request is $521,418 not including passthrough fees related to franchise fees.
Packet Page 220
Item 15
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Packet Page 221
Item 15Attachment 2
Residential Rate Increase Requested 5.34%
Rate Schedule
Current Increased Adjustment New
Rate Schedule Rate Rate (a) Rate
Single Family Residential
Mini-Can Service $10.51 5.34% $0.56 $11.07
Economy Service $16.76 5.34% $0.89 $17.65
Standard Service $33.53 5.34% $1.79 $35.32
Premium Service $50.29 5.34% $2.68 $52.97
Commercial Rate Increase Requested 5.60%
Rate Schedule
Current Increased Adjustment New
Rate Schedule Rate Rate (a) Rate
Commercial Customers
1 Yard Dumpster once a week $106.16 5.60% $5.94 $112.10
2 Yard Dumpster once a week $131.64 5.60% $7.37 $139.01
3 Yard Dumpster once a week $157.12 5.60% $8.79 $165.91
4 Yard Dumpster once a week $182.57 5.60% $10.22 $192.79
1 Yard Dumpster once a week Apt. $121.04 5.60% $6.77 $127.81
2 Yard Dumpster once a week Apt. $159.23 5.60% $8.91 $168.14
3 Yard Dumpster once a week Apt. $197.43 5.60% $11.05 $208.48
4 Yard Dumpster once a week Apt. $235.68 5.60% $13.19 $248.87
Packet Page 222
Item 15
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San Luis Obispo, CA 93401
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Item 15
Department Name: Community Development
Cost Center:4003
For Agenda of: November 17, 2020
Placement:Public Hearing
Estimated Time:45 minutes
FROM: Michael Codron, Community Development Director
Prepared By:Rachel Cohen, Associate Planner
SUBJECT:REVIEW OF THE 6TH CYCLE HOUSING ELEMENT UPDATE AND A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
RECOMMENDATION
1. As recommended by the Planning Commission, adopt a Resolution approving the Housing
Element Update and a Negative Declaration of Environmental Impact (Attachment A).
2.Adopt a Resolution, entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, to Resolve that the City of San Luis Obispo Commits to being a Safe,
Inclusive and Welcoming Community for Everyone and to Facilitate Voluntary Citizen
Action to Redact or Repudiate Racist and Discriminatory Verbiage from Their Property
Deeds” (Attachment G).
REPORT-IN-BRIEF
The Housing Element is a state required element of the General Plan that must be updated
regularly as determined by State housing law. Updating the Housing Element is a key step in the
City’s efforts to expand affordable housing opportunities and is required by California
Government Code Sections 65580-65589.8. Once adopted, the Draft Housing Element will
replace the current Housing Element adopted and certified by the State in 2015 and guide City
housing actions through 2028. The update process is a tool to modify housing policies and
programs to reflect the changing needs, resources, and conditions in the community, and to
respond to changes in State and Federal housing law.
Over the last year, the City of San Luis Obispo, as well as the County and other cities within the
County have been in the process of updating their Housing Elements based on the new 6th Cycle
Regional Housing Needs Allocation (RHNA) requirements administered by the State of
California Department of Housing and Community Development (HCD). The Housing Element
has been updated in response to input received through 12 presentations, meetings, online
surveys, and a public workshop, as well as other correspondence over the past year. The City
reached out to the community as well as specifically requested feedback from the following
groups:
x Transitions Mental Health Association
x Home Builders Association
x Housing Authority of San Luis Obispo (HASLO)
x HEAL SLO –Healthy Community Working Group
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Item 16
x People's Self-Help Housing Corporation
x SLO Chamber of Commerce
x Local Realtors
x Economic Vitality Corporation
x Community Action Partnership of SLO (CAPSLO)
x SLO Farm Bureau
x Californian Rural Legal Assistance (CRLA)
x The Coalition of Labor Agriculture and Business (COLAB) SLO
x California Women for Agriculture (CWA)
x United Way of San Luis Obispo County
On July 22, 2020, the Planning Commission reviewed the Housing Element Update, proposed
some modifications to Chapter 3, and ultimately recommended the City Council approve the
Negative Declaration of Environmental Impact and adopt the proposed Housing Element update
(Attachment B). On September 1, 2020, the City Council considered the Planning Commission
recommendation, and provided the following direction:
x Review and adjust Policy 7.9 and Programs 7.14 and 7.15.
x Work with the City Attorney’s office to reword Policy 10.2.
x Incorporate a program to update the historic resource inventory.
x Consider adding programs to rezone for microbusinesses, reform CC&Rs (removing
racist language and requirements) and support graywater systems as part of housing
developments.
Status of Housing Element Certification by the State of California
Following the City Council’s review of the draft Housing Element on September 1, 2020, staff
has continued to work with HCD to address Council’s direction as well as continued input from
HCD.
Once a jurisdiction has completed a draft update to its housing element, it is required to be
submitted for review and certification by the State of California. The Housing Element is the
only Element in the City’s General Plan that requires this review and certification process. HCD
has been tasked to review Housing Elements for compliance with state law.
On July 7, 2020, the City submitted a draft of the Housing Element Update to HCD for review.
On August 6, 2020, City staff held a phone conference with staff from HCD to discuss its
preliminary review of the Draft Housing Element Update and the revisions that needed to be
made. On September 4, 2020, staff received a letter from HCD with the remaining items that
needed to be modified for the Housing Element to be certified (Attachment D).
Staff worked with HCD to address the items outlined in the letter, which are reflected in the
redlined Housing Element Update (Attachment E, Revised Housing Element Update). The
different colored redlines/revisions are not color coded and do not represent anything but a
change to the original text that was presented to Council on September 1, 2020. Any yellow
highlighted text are revisions that have been made since the Revised Housing Element Update
was posted on the City’s website on October 28, 2020. Color coded revisions to the Goals,
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Item 16
Policies and Programs are provided in Attachment B.
New programs that have been added to the Housing Element Update in response to HCD’s
comments include the following:
x Program 2.16: Create and make available to interested parties an informational packet
that explains SB 35 streamlining provisions and eligibility within two years of Housing
Element adoption.
x Program 3.10: In order to mitigate the loss of affordable housing units, replacement
housing units shall be provided for sites identified in the site inventory when any new
development (residential, mixed-use or non-residential) occurs on a site that has been
occupied by or restricted for the use of lower-income households at any time during the
previous five years. This requirement applies to: non-vacant sites and vacant sites with
previous residential uses that have been vacated or demolished (see Government Code,
section 65583.2, subdivision (g)(3), and Government Code, section 65915, subdivision
(c)(3)).
x Program 4.7: The City shall support Affirmatively Further Fair Housing (AFFH) by:
o Facilitating public education and outreach by providing informational flyers on
fair housing and reasonable accommodation at public counters and on the City’s
website. Information will be included with utility billing at least once per year.
o Training staff, elected officials, and appointees on issues of disparity, structural
racism, and inequality.
o Implementing language standards and procedures for providing equal access to
City services and programs to all residents, including persons with limited
proficiency in English.
o Deed-restricting units to provide affordability and reduce displacement.
o Supporting new technologies and/or products such as modular housing
construction to reduce costs and increase access to housing.
o Distributing information regarding tenant rights and Fair Housing resources as
part of Code Enforcement’s response to housing code enforcement issues.
x Program 4.8: Continue to distribute information regarding Fair Housing by providing up
to date information online and brochures at the front counter, providing educational
materials to tenants, property owners and property managers, and making public service
announcements (including but not limited to the City’s News page, social media sites,
and newspaper ads) every year.
x Program 5.5: Update the Zoning Regulations to allow mixed-use development within
Service Commercial (C-S) and Manufacturing (M) zones without a use permit within one
year of the adoption of the Housing Element.
x Program 8.18: Review and amend the Zoning Regulations within one year of Housing
Element adoption to ensure compliance with: 1) the Supportive Housing Streamlining
Act (AB 2162) to allow supportive housing a use-by-right in zones where multi-family
and mixed uses are permitted, including nonresidential zones permitting multifamily
uses, if the proposed development meets specified criteria; and 2) AB 101, to allow Low
Barrier Navigation Centers by-right in all residential zones, areas zoned for mixed-uses,
and nonresidential zones permitting multifamily uses.
x Program 8.23: Update Zoning Regulations, within two years of Housing Element
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Item 16
adoption, to be consistent with the Employee Housing Act; including: 1) an update of
Table 2-1 to allow single-unit dwellings without a Conditional Use Permit within the
Open Space and Conservation (C/OS) zone and employee housing consisting of no more
than 36 beds in a group quarters, or 12 units or separate rooms or spaces designed for use
by a single-family or household within the C/OS and AG zones, and 2) remove Chapter
17.148 - High-Occupancy Residential Use Regulations.
Program 8.23 is necessary because the City allows agricultural uses within the Agricultural (AG)
and Conservation and Open Space (C/OS) zones. Per State Law, employee housing (such as
farmworker housing) must be allowed in these zones as well. Any project proposed would be
required to comply with the City’s development standards and code requirements, including the
ability of the project to be served by City services and be located within the urban reserve line
(URL).
HCD provided comments that the City has not successfully shown how affordable units will be
developed on the sites identified in the inventory (see Attachment F, Appendix E). As such,
the Housing Element must include programs that will incentivize, streamline, support, etc. the
development of housing, especially affordable units. The following programs have been added to
the Housing Element to address this requirement. One item to note is that in two of these
programs it states, “allow [housing] developments…by right.” “By right,” under Government
Code section 65583.2 (i)), means the City shall not require: a conditional use permit; a planned
unit development permit; or other discretionary review or approval.
x Program 2.17: In order to provide adequate sites for lower income households on non-
vacant and vacant sites previously identified in the Housing Element (Table E-2), the
City will, within one (1) year of the adoption of the Housing Element Update, allow
developments (including mixed-use projects) that include at least 20 percent of the
residential units as affordable to lower income households, by right (no discretionary
review).
x Program 2.18: Utilize objective design standards to allow residential uses by right (no
discretionary review) for those developments (including mixed-use projects) that include
at least 20 percent of the residential units as affordable to low income households.
x Program 6.22:Update the City’s municipal code to expand objective design standards
within one year of the adoption of the Housing Element Update.
x Program 6.23: Update the development review process and expand the thresholds of each
review level (minor, moderate, and major) to eliminate or reduce the number of public
hearings required for housing projects within one year of adopting the Housing Element.
The Goals, Policies and Programs of the Housing Element have been revised in response to input
received from public outreach, HCD, Planning Commission, and City Council. A Redlined
Matrix (Attachment B) provides a color coded, redlined version of the Goals, Policies and
Programs and indicates who recommended the revision.
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Item 16
DISCUSSION
Housing Element Update and Regional Housing Needs Allocation
State law establishes a schedule for cities and counties to periodically update their Housing
Elements of the General Plan. Under this schedule, the City’s Housing Element update is due in
December 2020.
As a part of this update, the City is required to develop programs designed to meet their share of
the surrounding region’s housing needs for all income groups, as determined by the region’s
council of governments. The Regional Housing Needs Allocation (RHNA) process ensures that
each jurisdiction accepts responsibility, within its physical and financial capability to do so, for
the housing needs of its residents and for those people who might reasonably be expected to
move there. The City has been allotted a RHNA of 3,354 housing units to plan for in the new 6th
Cycle Housing Element.
Table 1: Regional Housing Needs Allocation (RHNA) for San Luis Obispo County,
Jan. 2019 –Dec. 2028
Very
Low
Income
24.6%1
Low
Income
15.5%1
Moderate
Income
18.0%1
Above
Moderate
Income
41.9%1
Totals Percent
City RHNA to
Total RHNA
Number of Units
Arroyo Grande 170 107 124 291 692 6%
Atascadero 207 131 151 354 843 8%
Grover Beach 91 57 66 155 369 3%
Morro Bay 97 60 70 164 391 4%
Paso Robles 356 224 259 607 1,446 13%
Pismo Beach 113 71 82 193 459 4%
San Luis Obispo 825 520 603 1,406 3,354 31%
Unincorporated County 801 505 585 1,365 3,256 30%
Totals 2,660 1,675 1,940 4,535 10,810 100%
Source: San Luis Obispo Council of Governments (SLOCOG), 2019
1Percent of total housing need in each jurisdiction.
Residential Development Capacity
As part of the Housing Element update process, jurisdictions must document their residential
land capacity to show how their RHNA can be met. The City has completed this analysis and has
approximately 387 acres of vacant, underutilized, or deteriorated property that can accommodate
approximately 4,140 dwelling units (see Table 2). A substantial portion of the residential units
identified in the inventory are located with the Avila Ranch planning area and San Luis Ranch
Specific Plan and include residential units that are currently under review (in the “Pipeline”) for
entitlement. The City has already issued building permits for 537 residential units within the 6th
Cycle planning period. Additionally, 1,266 dwelling units have received entitlements, and 270
ADUs are projected to be developed in the City within the planning period. All these permitted
and entitled units reduce the City’s remaining total RHNA to 1,818 units.
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Item 16
Table 2: Residential Capacity of San Luis Obispo
Income Level
(% of County
Median Income)
6th
Cycle
RHNA
Remaining
RHNA
Residential
Capacity
Specific
Plan
Capacity
Total
Residential
Capacity
Remaining
RHNA
Ext. Low & Very Low 825 778 497 803 1,300 0
Low 520 336
Moderate 603 576 403 400 803 0
Above Moderate 1,406 128 920 1,117 2,037 0
TOTAL UNITS 3,354 1,818 1,820 2,320 4,140 0
Source: City of San Luis Obispo, Community Development Department, 2019
The inventory above also shows capacity for 1,300 extremely low, very low, and low-income
units, which satisfies and exceeds the remaining RHNA need of 1,114 units. Based on these
numbers, the City’s residential capacity exceeds the 3,354 units needed for RHNA, and
therefore, the Housing Element can be approved without including a property rezoning program.
To receive support from HCD on the inventory outlined in the Housing Element Update
(Attachment E, Appendix E), new programs were added to the Element that encourage low
income housing projects through programs that will create “by-right” or non-discretionary
housing project approval processes. Further discussion is provided under the HCD Section
below.
Previous Advisory Body and Council Review
Kick-off of the 6th Cycle Housing Element update began in April 2019 with a Public Forum on
Housing followed by a Study Session with the City Council. Below is a timeline of the advisory
meetings that have occurred in regard to the Housing Element update:
x City Council Meeting –September 1, 2020
x Planning Commission Meeting –July 22, 2020
x Planning Commission Meeting –June 10, 2020
x Human Relations Commission Meeting –June 3, 2020
x Planning Commission Meeting –April 24, 2019
x Public Forum and City Council Meeting –April 2, 2019
Comments and direction provided at these meetings, as well as through public engagement and
the Housing Major City Goal, were important for informing proposed modifications to the
Housing Element Update.
Public Engagement
In addition to discussing the Housing Element update at public meetings, the City facilitated
several presentations, two online surveys, and a public workshop. Most recently, the City
published the revised Housing Element Update on the City’s website for additional feedback
from the community by notifying stakeholder groups, those on the interested parties list, posting
on the City’s social media platforms, and posting a notice in the local New Times newspaper (in
both Spanish and English).
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x Association of Realtors Presentation –July 23, 2019
x Housing Element Workshop –December 10, 2020
x Online Survey –December 10, 2019 –January 10, 2020
x Chamber of Commerce (Economic Development Committee) Presentation –April 2, 2020
x Economic Vitality Corporation and the Home Builders Association Presentation –May 13,
2020
x Chamber of Commerce (Economic Development Committee) Presentation –June 4, 2020
x Online Survey –June 8, 2020 –June 24, 2020
x San Luis Obispo County Housing Summit (hosted by the Chamber of Commerce)
Presentation –September 10, 2020
x Request for Additional Community Feedback - October 29, 2020 –November 17, 2020
(Council meeting)
Goals, Policies and Programs –Chapter 3
The 6th Cycle Draft Housing Element and its appendices (Attachment D) include information
such as updated demographic and residential capacity information, housing constraints and
resources, and implementation. Chapter 3 of the Housing Element contains the Goals, Policies
and Programs that provide direction and the plan for how the City will achieve the
accommodation of 3,354 units within the City as required by HCD.
The Goals, Policies and Programs of the Housing Element have been revised in response to input
received from public outreach, HCD, Planning Commission, and City Council. A Redlined
Matrix (Attachment B) provides a color coded, redlined version of the Goals, Policies and
Programs and indicates who recommended the revision.
City Council Direction
On September 1, 2020, the City Council reviewed the Housing Element Update and provided the
following direction to staff regarding Chapter 3:
x Review and adjust Policy 7.9 and Programs 7.14 and 7.15.
x Work with the City Attorney’s office to reword Policy 10.2.
x Incorporate a program to update the historic resource inventory.
x Consider adding programs to rezone for microbusinesses, reform CC&Rs (removing
raciest language and requirements) and support graywater systems as part of housing
developments.
1. Policy 7.9 and Programs 7.14 and 7.15
Policy 7.9 was added to the Chapter 3 as recommended by the Planning Commission to address
public health and housing. Council supported the inclusion of the new policy but directed staff to
review Program 7.14 and 7.15 and provide more clarity. Due to concerns about effective
implementation, staff is not recommending inclusion of Program 7.14 but is suggesting
modifications to Program 7.15 to address the intent of the Planning Commission
recommendation.
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Program 7.14 (not recommended for inclusion in the HE update): “Encourage
new developments with 10 or more residential units be reviewed and scored by
the Healthy Communities Work Group prior to submitting a planning application
to the City.”
The requirement to have a housing project be evaluated by an outside group poses several issues:
1) reduced predictability in the review process for developers and the public; 2) review timing
and scoring is outside the control of the City and our development review process; 3) once a
score is given to the project, the City does not have development standards or code requirements
to interpret the score; and 4) this requirement could result in delaying the approval of housing
projects (this could place the City in a situation that conflicts with state law). Based on these
factors, staff is recommending that this program be removed.
In order to address the Planning Commission’s intent, staff is recommending the following
modifications to Program 7.15 (staff’s changes are shown in orange).
Program 7.15: Evaluate and update the Community Design Guidelines to provide
site design standards for Encourage developments with 110 or more residential
units to include outdoor amenities such as the following: outdoor visiting and
gathering spaces, places to exercise or recreate, and spaces reserved for edible
landscape or community gardens.
Chapter 5 of the Community Design Guidelines (CDG) already outlines design characteristics
for residential projects. This would be the appropriate place to incorporate objective residential
design standards for outdoor amenities because the CDG will be able to provide specific
guidelines for how a project is to comply with the standards. Currently as a Housing Element
program, implementation could be difficult since the program only encourages that residential
projects include amenities as they wish. In addition, 10 units was changed to 11 units to be
consistent with our existing definition of “Major Development Review” within the Zoning
Regulations.1
2. Policy 10.2
Council directed staff to work with the City Attorney’s office to reword Policy 10.2.
1 Zoning Regulations Chapter 17.106.030(D): Major Development Review is a discretionary
Planning Commission review process that includes public notice with a public hearing conducted
as is required for all Planning Commission actions. 1) Multi-unit residential developments with
more than 10 units; 2) New single-unit subdivisions with more than 10 units; 3) Nonresidential
development with more than 10,000 gross square feet of new construction; 4) Significant
additions and new construction of principal buildings in the C-D zone; 5) Any project for which
an EIR is required.
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Policy 10.2: Encourage, and where legally allowed, require new housing
development to give preference in the following order: 1) individuals who are
employed in business that are located in geographic areas that are customarily
included in the City’s annual jobs-housing balance analysis, 2) individuals
residing in the County, and 3) finally to individuals from outside the County.
In reviewing the City’s Housing Element, HCD shared concerns with Policy 10.2 and Program
10.4. HCD stated in its letter that, “This policy [10.2] potentially erects barriers and prevents
access to housing opportunities, particularly to individuals from outside of the City, and should
be removed.” In light of this concern, as well as being mindful of fair housing rights, staff is
recommending Goal 10 and its policies and programs be removed from the Housing Element to
prevent any barriers to housing for any individual. Although this section is proposed for removal
from the Housing Element, it does not mean that the City could not pursue other opportunities on
a case by case basis, where legally allowed, to support housing for local individuals.
3. Update Historic Resource Inventory
Council requested that a program be included in the Housing Element Update that outlines a
timeframe for updating the Historic Resource Inventory. The Housing Element is part of a larger
planning document, the General Plan. One of the other Elements in the General Plan is
Conservation and Open Space. Section 3 of the Conservation and Open Space Element provides
specific goals, policies and programs related to Cultural Heritage, such as Historic Resources.
Policy 3.3.1. states, “Significant historic and architectural resources should be identified,
preserved and rehabilitated.” The Conservation and Open Space Element is a more appropriate
place to add a new program regarding a timeframe for updating the Historic Resource Inventory.
Staff is recommending that if this is an important item for Council, to provide that direction to
staff to consider as part of upcoming work plans for the Conservation and Open Space Element
or the 2021-2023 Financial Plan.
4. Rezone for Microbusinesses
The Council requested staff review opportunities to rezone residential zones to allow
microbusinesses. Mixed-use projects are allowed in eight different zones (out of 16 zones) that
allow for projects to combine both commercial spaces and residential units, or even live/work
units. Land Use Element (LUE) Policy 2.3.6 states that “The City shall encourage mixed use
projects, where appropriate and compatible with existing and planned development on the site
and with adjacent and nearby properties. The City shall support the location of mixed-use
projects and community and neighborhood commercial centers near major activity nodes and
transportation corridors / transit opportunities where appropriate.”
Additionally, the Neighborhood Commercial (C-N) zoning allows for businesses to be located
within strategic areas near neighborhoods. Policy 3.3.1 of the LUE states in part that “The City
shall provide for new or expanded areas of neighborhood commercial within, or extended into,
nonresidential areas adjacent to residential neighborhoods.” Based on existing policies within
the LUE, a new program for microbusinesses in or near residential neighborhoods would be
better suited for the LUE rather than the Housing Element. Staff is recommending that if this is
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an important item for Council, to provide direction to staff to consider as part of upcoming work
plans for the LUE or 2021-2023 Financial Plan.
5. Reform CC&Rs
As noted by Council, there are many CC&Rs still in existence within the City that include
provisions that are discriminatory. Once a housing project is complete, management of the
CC&Rs falls to the property owners and/or Homeowners Association (HOA). CC&Rs that are
discriminatory are contrary to state and federal law and are therefore null and void. Currently,
the County of San Luis Obispo offers a low-cost service to redact any illegal, restrictive
covenants. Although these covenants are no longer enforceable, many property owners have
taken the opportunity to remove the offending language from their property deeds. A copy of the
required form is attached for reference (Attachment H).
6. Graywater Systems
Council indicated that a graywater program could potentially be included as part of the Housing
Element Update. Graywater systems are allowed in the City and depending on the amount of
graywater released may mean a permit is required. The Utilities Department has provided an
outline of the requirements on the City’s website
(https://www.slocity.org/government/department-directory/utilities-
department/conservation/graywater-systems). Graywater is regulated by the California Plumbing
Code and Chapter 16 states that graywater must be used as it is created and cannot be stored on
site for any purpose. There are three different classifications of graywater systems: 1) Clothes
Washer System; 2) Simple System (less than 250 gallons/day); and 3) Complex System (more
than 250 gallons/day). These three classifications vary in complexity and permitting
requirements. The clothes washer system is the most common, and widely used system and uses
wastewater from laundry to directly water a garden via a gravity fed line and does not require
permitting of any type. Because this is an issue already addressed in the California Building
Code, staff does not recommend referencing graywater systems in the Housing Element.
7. Restrictive Covenants
A companion recommendation in this report is to adopt a resolution with the title, “A Resolution
of the City Council of the City of San Luis Obispo, California, to Resolve that the City of San
Luis Obispo Commits to being a Safe, Inclusive and Welcoming Community for Everyone and
to Facilitate Voluntary Citizen Action to Redact or Repudiate Racist and Discriminatory
Verbiage from Their Property Deeds.” (Attachment G) The City Council has expressed a
commitment to making San Luis Obispo a welcoming, inclusive, and safe community for
everyone, and to promoting free thought and speech, while condemning racism, hate speech,
bigotry, violence, and prejudice. Adoption of the proposed resolution will commit the City to
further this cause with respect to facilitating the removal of discriminatory language from
property deeds in the City.
Planning Commission Action
On July 22, 2020, the Planning Commission unanimously recommended the City Council adopt a
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resolution approving updates to the City’s Housing Element and Negative Declaration of
Environmental Impact. The Planning Commission provided feedback at both the June 10th and
July 22nd meetings regarding minor revisions to the goals, policies, and programs, including an
additional policy and two new programs to address healthy communities (see discussion above
and Attachment B).
California Department of Housing and Community Development (HCD)
Once a jurisdiction has completed a draft update to its housing element, it is required to be
submitted for review and certification by the State of California. The Housing Element is the only
Element in the General Plan that requires this review and certification process. The Department of
Housing and Community Development (HCD) has been tasked to review Housing Elements for
compliance with state law. HCD has 60 days to review the draft Housing Element and work with
the City on any changes to the document. At the end of the 60 days, HCD issues a letter with their
findings. The letter is usually a good indicator that HCD will certify the Housing Element, with
their recommended modifications, once it is adopted by the City Council. Having a certified
Housing Element allows the City to access state funds for future housing projects.
On July 7, 2020, the City submitted a draft of the Housing Element Update to HCD for review.
On August 6, 2020, City staff held a phone conference with staff from HCD to discuss their
preliminary review of the Draft Housing Element Update and the revisions that needed to be
made. On September 4, 2020, staff received a letter from HCD with the remaining items that
needed to be modified in order for the Housing Element to be certified (Attachment D).
Staff worked with HCD to address the items outlined in the letter and are reflected in the
redlined Housing Element Update (Attachment E). The different colored redlines/revisions are
not color coded and do not represent anything but a change to the original text that was presented
to Council on September 1, 2020. Any yellow highlighted text are revisions that have been made
since the Revised Housing Element Update was posted on the City’s website on October 29,
2020. Color coded revisions to the Goals, Policies and Programs are provided in Attachment B.
New programs that have been added to the Housing Element Update in response to HCD’s
comments and to comply with State Law. Below is the program number and the language of the
new programs.
Program 2.16: Create and make available to interested parties an informational
packet that explains SB 35 streamlining provisions and eligibility within two
years of Housing Element adoption.
Program 3.10: In order to mitigate the loss of affordable housing units,
replacement housing units shall be provided for sites identified in the site
inventory when any new development (residential, mixed-use or non-residential)
occurs on a site that has been occupied by or restricted for the use of lower-
income households at any time during the previous five years. This requirement
applies to: non-vacant sites and vacant sites with previous residential uses that
have been vacated or demolished (see Government Code, section 65583.2,
subdivision (g)(3), and Government Code, section 65915, subdivision (c)(3)).
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Program 4.7: The City shall support Affirmatively Further Fair Housing by:
x Facilitating public education and outreach by providing informational flyers
on fair housing and reasonable accommodation at public counters and on the
City’s website. Information will be included with utility billing at least once
per year.
x Training staff, elected officials, and appointees on issues of disparity,
structural racism, and inequality.
x Implementing language standards and procedures for providing equal access
to City services and programs to all residents, including persons with limited
proficiency in English.
x Deed-restricting units to provide affordability and reduce displacement.
x Supporting new technologies and/or products such as modular housing
construction to reduce costs and increase access to housing.
x Distributing information regarding tenant rights and Fair Housing resources as
part of Code Enforcement’s response to housing code enforcement issues.
Program 4.8: Continue to distribute information regarding Fair Housing by
providing up to date information online and brochures at the front counter,
providing educational materials to tenants, property owners and property
managers, and making public service announcements (including but not limited to
the City’s News page, social media sites, and newspaper ads) every year.
Program 5.5: Update the Zoning Regulations to allow mixed-use development
within Service Commercial (C-S) and Manufacturing (M) zones without a use
permit within three years of the adoption of the Housing Element.
Program 8.18: Review and amend the Zoning Regulations within one year of
Housing Element adoption to ensure compliance with: 1) the Supportive Housing
Streamlining Act (AB 2162) to allow supportive housing a use-by-right in zones
where multi-family and mixed uses are permitted, including nonresidential zones
permitting multifamily uses, if the proposed development meets specified criteria;
and 2) AB 101, to allow Low Barrier Navigation Centers by-right in all residential
zones, areas zoned for mixed-uses, and nonresidential zones permitting
multifamily uses.
Program 8.23: Update Zoning Regulations, within two years of Housing Element
adoption, to be consistent with the Employee Housing Act; including: 1) an
update of Table 2-1 to allow single-unit dwellings without a Conditional Use
Permit within the Open Space and Conservation (C/OS) zone and employee
housing consisting of no more than 36 beds in a group quarters, or 12 units or
separate rooms or spaces designed for use by a single-family or household within
the C/OS and AG zones, and 2) remove Chapter 17.148 - High-Occupancy
Residential Use Regulations.
To address conflicts of the Zoning Regulations and the Employee Housing Act, the City is
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including new Program 8.23 in the Housing Element Update. Program 8.23 is necessary because
the City allows agricultural uses within the Agricultural (AG) and Conservation and Open Space
(C/OS) zones and per State Law, employee housing (i.e. farmworker housing) must be allowed
in these zones as well. Any project proposed would be required to comply with the City’s
development standards and code requirements, including the ability for the project to be served
by City services and be located within the urban reserve line (URL).
Programs that Further Support the Development of Housing
HCD provided comments that the City has not successfully shown how affordable units will be
developed on the sites identified in the inventory (see Attachment F, Appendix E). As such, HCD
stated that the Housing Element must include programs that will incentivize, streamline, support,
etc. the development of housing, especially affordable units. The following programs have been
proposed to HCD and added to the Housing Element. They outline how the City will streamline
the review of housing projects that meet certain criteria.
One item to note is that in two of these programs it states, “allow [housing] developments…by
right.” “By right,” under Government Code section 65583.2 (i)), means the City shall not require:
a conditional use permit; a planned unit development permit; or other discretionary review or
approval. It is important to note that this includes Architectural Review, which is the process that
the City uses to apply its Community Design Guidelines to development projects. To ensure that
the intent of the City’s design review process is honored, Program 6.22 directs staff to develop
“objective design standards” into the Zoning Regulations. This process will ensure that the most
important design criteria can still be applied to a housing project that is allowed “by right” or with
no discretionary review.
Program 2.17: In order to provide adequate sites for lower income households on
non-vacant and vacant sites previously identified in the Housing Element (Table
E-2), the City will, within one (1) year of the adoption of the Housing Element
Update, allow developments (including mixed-use projects) that include at least
20 percent of the residential units as affordable to lower income households, by
right (no discretionary review).
Program 2.18: Utilize objective design standards to allow residential uses by right
(no discretionary review) for those developments (including mixed-use projects)
that include at least 20 percent of the residential units as affordable to low income
households.
Program 6.22:Update the City’s municipal code to expand objective design
standards within one year of the adoption of the Housing Element Update.
Program 6.23: Update the development review process and expand the thresholds
of each review level (minor, moderate, and major) to eliminate or reduce the
number of public hearings required for housing projects within one year of
adopting the Housing Element.
Staff is wrapping up informal discussions with HCD and further changes are anticipated per
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those discussions. Staff has added a section to the draft Resolution (Attachment A) that requests
authority be delegated to staff to allow for minor/administrative edits after the adoption of the
Housing Element to achieve State certification.
Policy Context
The proposed amendments to the Housing Element are consistent with other land use goals and
policies of the General Plan.
CONCURRENCE
Staff comments have been incorporated into the draft Housing Element.
ENVIRONMENTAL REVIEW
A Negative Declaration of Environmental Impact is recommended for the Housing Element
Update (Attachment F). No potentially significant or significant impacts were identified. A
Negative Declaration is therefore recommended for adoption in accordance with CEQA
Guidelines section 15063(b)(2): “The lead agency shall prepare a negative declaration if there is
no substantial evidence that the project or any of its aspects may cause a significant effect on the
environment.” A 30-day public comment period was opened on July 9, 2020. A Notice of Intent
to Adopt was filed with the County- Clerk Recorder and the State Clearing House.
FISCAL IMPACT
Budgeted: No Budget Year: 19-21
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The Housing Element Update is a work program in the Housing Major City Goal adopted as part
of the 2019-21 Financial Plan. The update was conducted entirely by City staff. Funding was
provided as part of the Community Development Department budget for additional staff
resources needed to cover normal workload while the project planner worked through the
Housing Element update process. Adoption of the Housing Element Update prior to December
31, 2020 will ensure that the City has an effective Housing Element in place to start the new
calendar year.
If the City does not adopt its Housing Element Update before the end of the year then it will be
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without a Housing Element until the update is certified by the State, which could take months.
Going without a Housing Element is not recommended because, during this period of time, the
City would not be eligible for grant applications through HCD or other State funding resources.
Over the past several years, the City has received well over $1 million in grants from the State
due to our certified Housing Element. There are currently a wide range of grants that the City
will be applying for and maintaining an active, certified Housing Element is crucial to this effort.
One of the fundamental aspects and takeaways from the update is that new housing programs
when combined with existing housing programs and affordable housing monitoring is a
significant resource commitment. Administration of the City’s new slate of housing programs
will require the allocation of dedicated, full-time staff and thus the Community Development
Department will likely need to evaluate resources available to support core essential housing
programs as part of its 2021-23 Financial Plan work program. Recent housing law and HCD
enforcement efforts indicate that the City will be well served to dedicate sufficient resources to
Housing Element implementation to ensure success.
ALTERNATIVES
1.Modify the Proposed 6th Cycle Housing Element.The Council may modify the proposed
Housing Element. Specific direction should be given to staff regarding any modifications.
2.Continue the review of the 6th Cycle Housing Element.An action to continue the item
should include direction to staff on pertinent issues. This alternative is not recommended as
the Housing Element must be submitted to HCD by December 31, 2020. Jurisdictions on an
8-year planning period that do not adopt their element within 120 calendar days from the
start date of the planning period must revise and adopt the housing element every four years
until timely adopting at least two consecutive revisions by the applicable due date.
Additionally, late adoption could impact the City’s eligibility to receive State funding for
housing projects.
Attachments:
a - Draft Resolution
b - Chapter 3 Redline Matrix
c - Planning Commission Resolution No. PC-1017-2020
d - Letter from the Dept. of Housing and Community Development
e - COUNCIL READING FILE - Revised Draft Housing Element
f - COUNCIL READING FILE - Initial Study
g - Resolution to support redaction of rascist language from property deeds.
h - Restrictive Covenant Removal Form
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AND ADOPTING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENTS
TO THE HOUSING ELEMENT OF THE GENERAL PLAN AS
REPRESENTED IN THE COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED NOVEMBER 17, 2020 (GENP-0217-2020 & EID-
0218-2020)
WHEREAS,State law requires cities and counties to adopt a general plan. The General
Plan includes nine required elements, one of which is the Housing Element. The Housing Element
must be updated every eight (8) years or as otherwise provided by State law; and
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing, on July 22, 2020, and recommended approval of a Negative Declaration of
Environmental Impact and amendments to the Housing Element to address the changing needs,
resources, and conditions in the Community, as required by State law; and
WHEREAS,the City Council of the City of San Luis Obispo conducted a web based
public hearing, on September 1, 2020, and considered the Planning Commission’s
recommendation, authorized staff to continue to work with HCD to ensure that the Housing
Element fully complies with its guidelines, provided direction to staff regarding modifications to
the Housing Element, and directed staff to return to City Council for final approval of the Housing
Element; and
WHEREAS,the City Council of the City of San Luis Obispo conducted a web based
public hearing, on November 17, 2020, for the purpose of considering the Negative Declaration of
Environmental Impact and amendments to the Housing Element; and
WHEREAS, the City facilitated 12 presentations, meetings, online surveys, and a public
workshop to identify housing needs, issues and opportunities in the community and inform policy
and program changes; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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Resolution No. ______ (2020 Series) Page 2
R _____
SECTION 1.Findings. This Council, after considering the 6
th Cycle Housing Element
update, the Planning Commission’s recommendations, staff recommendations, public testimony
and correspondence, and reports thereon, makes the following findings:
1. The proposed amendments included in the draft Housing Element are consistent with other
land use goals and policies of the General Plan.
2. The proposed amendments are appropriate and necessary to ensure that the City’s Housing
Element meets State law and the changing needs, resources, and conditions in the
community.
3. The City facilitated 12 presentations, meetings, online surveys, and a public workshop to
identify housing needs, issues and opportunities in the community and inform policy and
program changes.
4. The City has evaluated its ability to accommodate its Regional Housing Need Allocation
(RHNA) number of 3,354 dwellings by December 2028 and determined there is sufficient
land suitable for residential development to accommodate the RHNA number within the
planning period.
5. Achieving Housing Element State certification will promote affordable housing
opportunities and help achieve adopted housing goals by making the City eligible for
various housing grants and financial incentives, and will foster cooperation among local
and state agencies in addressing an urgent need for affordable housing in the City.
SECTION 2:Environmental Review. The City Council does hereby adopt a Negative
Declaration of Environmental Impact in accordance with CEQA Guidelines section 15063(b)(2):
“The lead agency shall prepare a negative declaration if there is no substantial evidence that the
project or any of its aspects may cause a significant effect on the environment.”
SECTION 3.Action. The City Council does hereby adopt the proposed amendments to
the Housing Element, which is incorporated herein by reference,and directs staff to complete any
minor, administrative changes to the Housing Element that are required by the State of California
Department of Housing and Community Development (HCD) for certification. Should HCD
require substantial changes to the Housing Element adopted herein, staff shall bring such changes
back to Council for review and adoption.
SECTION 4.Effective Date. The 6th Cycle Housing Element shall become effective
immediately upon adoption of this resolution.
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Resolution No. ______ (2020 Series) Page 3
R _____
SECTION 5.Repeal of Previous Element. The Housing Element adopted January 20,
2015, is repealed upon the effective date of the 6th Cycle Housing Element.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of ____________ 2020.
____________________________________
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, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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GENP-0217-2020 & EID-0218-2020
Attachment B: Housing Element Goals, Policies, and Programs Redlined
Matrix
The matrix below provides a legislative draft of Housing Element Chapter 3: goals, polices, and
programs. A brief description is provided explaining why the proposed modification or addition
or removal better achieves housing goals or state requirements.
x Initial modifications made to existing Goals, Policies and Programs are shown in red.
x Modifications based on Planning Commission direction and public comment are shown in
blue.
x Modifications made based on direction provided by the State of California Housing and
Community Department (HCD) are shown in green.
x Modifications made based on City Council direction are shown in purple.
x Changes highlighted in yellow are based on direction provided by HCD after the revised
public draft was posted online.
x Policies are highlighted in gray.
#New #Goals Policy/Program Reason for Modification
Goal 1 - Safety: Provide safe, decent shelter for all residents.
1.1 1.1 Safety Assist those citizens unable to obtain safe shelter
on their own.
1.2 1.2 Safety Support and inform the public about fair housing
laws and programs that allow equal housing
access for all city residents.
1.3 1.3 Safety Maintain a level of housing code enforcement
sufficient to correct unsafe, unsanitary or illegal
conditions and to preserve the inventory of safe
housing, consistent with City Council’s code
enforcement priorities.
Updated to be consistent with current
code enforcement priorities.
1.4 Safety Assist owners of older residences with
information on ways to repair and upgrade older
structures to meet higher levels of building safety,
efficiency, and sustainability.
Per Planning Commission (PC)
comments on June 10, 2020, staff is
recommending a new policy that
supports improvements to older
residential structures.
1.4 1.5 Safety Continue to improve Correct unsafe, unsanitary
or illegal housing conditions, improve barrier to
accessibility,andenergy efficiency, or and
improve unsafe neighborhoods annually by
Rehabilitate 1) using Federal, State and local
housing funds, such as Community Development
Block Grant Funds and 2) proactively promoting
neighborhood wellness through Code
Enforcement’s Neighborhood Service Program.,
with the objectives of 30 single-family, 75 multi-
family, 10 historic, and 20 mobile homes for
extremely low, very low, low and moderate
income homeowners and renters during the
planning period.Code Enforcement staff shall
Added language from Program 3.9.
The RHNA provides the objectives
for the 6th Cycle Housing Element.
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continue to provide property owners and tenants
with information on how to rectify violations,
who to contact in Code Enforcement for
assistance, and other resources that may be
pertinent to the citation.
1.5 1.6 Safety Continue code enforcement to expedite the
removal of illegal or unsafe dwellings, to
eliminate hazardous site or property conditions,
and resolve chronic building safety problems.
1.6 -----Safety Consider a Rental Inspection Program to improve
the condition of the City’s Housing Stock.
In May 2015 the City Council adopted
the Rental Housing Inspection
Ordinance. In March 2017 the City
Council voted to repeal the ordinance.
1.7 1.7 Safety Continue to support local and regional solutions
to homelessness by funding supportive programs
services, and housing solutions. such as the
Maxine Lewis Memorial Shelter and The Prado
Day Center.
Maxine Lewis Memorial Shelter and
the Prado Day Center are now housed
within the 40 Prado Homeless Service
Center.
1.8 -----Safety Create an educational campaign for owners of
older residences informing them of ways to
reduce the seismic hazards commonly found in
such structures and encouraging them to
undertake seismic upgrades.
Unreinforced masonry buildings have
been retrofitted to meet current
building code requirements. Proactive
education is complete because no
additional structures need seismic
retrofits. Although complete, staff
will continue to have information
available regarding seismic hazards
for those community members
interested in further education.
Goal 2 -Affordability: Accommodate affordable housing production that helps meet the City’s quantified objectives.
2.1 2.1 Affordability Income Levels For Affordable Housing
households. For purposes of this Housing
Element, affordable housing is that which is
obtainable by a household with a particular
income level, as further described in the City’s
Affordable Housing Standards. Housing
affordable to Extremely Low, Very Low, Low,
and Moderate income persons or households
shall be considered “deed-restricted affordable
housing.” Income levels are defined as follows:
❑Extremely low 30% or less of County Area
median household income
❑Very low: 31 to 50% of County Area median
household income.
❑Low: 51% to 80% of County Area median
household income.
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❑Moderate: 81% to 120% of County Area
median household income.
❑Above moderate: 121% or more of County
Area median household income.
2.2 2.2 Affordability Index of Affordability. The Index of
Affordability shall be based on the City’s
Affordable Housing Standards, updated annually
per the County of San Luis Obispo’s Area
Median Income determined by California
Department of Housing and Community
Development. whether the monthly cost of
housing fits within the following limits:
For extremely low income households, not more
than 25% of monthly income.
For very low-and low-income households, not
more than 25% of monthly income.
For moderate income households, not more than
30% of monthly income.
For above-moderate income households, no
index.
These indices may be modified or expanded if the
State of California modifies or expands its
definition of affordability for these income
groups.
Updated the policy to have the ability
to remain consistent with
standardized County data.
2.3 2.3 Affordability For housing to qualify as “deed-restricted
affordable” under the provisions of this Element,
guarantees must be presented that ownership or
rental housing units will remain affordable for the
longest period allowed by State law, or for a
shorter period under an equity-sharing or housing
rehabilitation agreement with the City.
The Equity Share Program has a 45-
year deed restriction if an owner does
not choose to exercise the equity share
option.
2.4 2.4 Affordability Encourage housing production for all financial
strata of the City's population, as allocated in the
proportions shown in the Regional Housing
Needs Allocation, for the 2014 –2019 6th cycle
planning period. The number of units per income
category are These proportions are: extremely
low and income /,12 percent,very low income,
12 percent 825 units; low income, 16 percent 520
units; moderate income, 18 percent 604 units; and
above moderate income, 42 percent 1,405 units.
Updated with the new RHNA under
the 6th Cycle Housing Element.
2.5 2.5 Affordability Continue to manage the Affordable Housing
Fund so that the fund serves as a sustainable
resource for supporting, at a minimum, 4 new
affordable housing development during the
planning period. The fund shall serve as a source
of both grant funding and below market financing
for affordable housing projects; and funds shall
be used to support a wide variety of housing types
at the following income levels: extremely low,
very low, low, and moderate, but with a focus on
production efficiency to maximize housing
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benefits for the City’s financial investment, and
to support high quality housing projects that
would not be feasible without Affordable
Housing Fund support.
2.6 2.6 Affordability Continue to Review existing and proposed
building, planning, engineering and fire policies
and standards every year as housing
developments are reviewed to determine whether
changes are possible that could assist the
production of affordable housing, or that would
encourage preservation of housing rather than
conversion to non-residential uses, provided such
changes would not conflict with other General
Plan policies. Such periodic reviews will seek to
remove regulations on an annual basis within 2-6
months that have been superseded, are redundant
or are no longer needed.
2.7 2.7 Affordability Continue to prioritize implement existing
procedures that speed up the processing of
applications, construction permits, and water and
sewer service priorities for affordable housing
projects. City staff and commissions shall give
such projects priority in allocating work
assignments, scheduling, conferences and
hearings. and in preparing and issuing reports and
water and sewer service allocations.
Updated language to be consistent
with City policies and processes.
2.8 -----Affordability Continue to pursue outside funding sources for
the payment of City impact fees so that new
dwellings that meet the City’s affordable housing
standards can mitigate their facility and service
impacts without adversely affecting housing
affordability.
Reductions have been built into the
new fee structure that was approved as
a part of AB 1600 in 2018.
2.9 -----Affordability To the extent outside funding sources can be
identified to offset impacts on City funds, exempt
dwellings that meet the moderate income,
Affordable Housing Standards from planning,
building and engineering development review
and permit fees, including water meter
installation fee. Maintain exemptions for
extremely-low, very-low and low-income
households.
Reductions have been built into the
new fee structure that was approved as
a part of AB 1600 in 2018.
2.10 2.8 Affordability Continue to Coordinate an annual public and
private sector actions meeting to discuss and
encourage the development of housing that meets
the City’s housing needs.
2.11 2.9 Affordability Continue to Assist with the issuance of tax-
exempt bonds, tax credit financing, loan
underwriting or other financial tools to help
develop or preserve at least 20 affordable units
annually through various programs. including,
but not limited to: (1) below market financing
through the SLO County Housing Trust Fund and
Eliminating the examples allows for
more opportunities and flexibility to
fund affordable housing
opportunities.
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(2) subsidized mortgages for extremely low,
very-low, low-and moderate income persons and
first-time home buyers, and (3) self-help or
“sweat equity”homeowner housing.
2.12 2.10 Affordability Consider updating Update the Affordable
Housing Standards to include incorporating
Homeowners’Association (HOA)fees and a
standard allowance for utilities in the calculation
for affordable rents and home sales prices within
two years of adopting the Housing Element.
Added language based on findings
and recommendations from the 2020
Affordable Housing Nexus Study.
2.13 2.11 Affordability In conjunction with the Housing Authority and
other local housing agencies, continue to provide
on-going technical assistance and education to
tenants, property owners and the community at
large on the need to preserve at-risk units as well
as the available tools to help them do so.
2.14 2.12 Affordability In conjunction with local housing providers and
the local residential design community, continue
to Continue to provide technical assistance
planning services as requested by the public,
builders, design professionals and developers
regarding design strategies to achieve affordable
housing and density bonuses.
Updated language to be consistent
with City policies and processes.
2.15 2.13 Affordability Update the Inclusionary Housing Ordinance,
including Table 2A, based on findings and
recommendations in the 2020 Affordable
Housing Nexus Study and conduct further
feasibility analysis in order to Eevaluate the
Inclusionary Housing Ordinance requirements
and the effect of Table 2A on the City’s ability to
provide affordable housing in the proportions
shown in the Regional Housing Needs
Allocation, per Policy 2.4.
Added language based on findings
and recommendations from the 2020
Affordable Housing Nexus Study.
2.16 -----Affordability The City will evaluate and consider including a
workforce level of affordability in its Affordable
Housing Standards to increase housing options in
the City for those making between 121 percent
and 160 percent of the San Luis Obispo County
median income. This affordability category
cannot be used to meet inclusionary housing
ordinance requirements and is not eligible for
City Affordable Housing Funds.
Creating a workforce level of
affordability was examined and found
that it could not be successfully
implemented on a citywide basis as
there are no existing State standards
for such an income level.
2.17 2.14 Affordability Continue to consider support increasing density
bonuses for residential projects densities above
the state density bonus allowance of 35%for
projects that provide housing for to promote the
development of units for extremely low, very low
and extremely low income households.
Reordered wording.
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2.15 Affordability Evaluate a flexible density pilot program and
initiate an update of the Zoning Regulations and
Community Design Guidelines to incorporate
flexible density development options in
Downtown Core and portions of Upper Monterey
and Mid-Higuera Special Focus Areas to support
the production of 50 smaller residential units (150
to 600 square feet)per year during the planning
period.
This program was recommended in
part by input from the community and
the work program associated with the
Housing Major City Goal. The
community and Council identified
that the Downtown and portions of
Upper Monterey and Mid-Higuera
Special Focus Areas could be
appropriate for higher density housing
development.
2.16 Affordability Create and make available to interested parties an
informational packet that explains SB 35
streamlining provisions and eligibility within two
years of Housing Element adoption.
The City is subject to SB 35
streamlining. This packet would
provide information for developers,
the public,and staff on what projects
quantify for the process and the steps
that must be taken to submit a project
under SB 35 streamlining provisions.
2.17 Affordability In order to provide adequate sites for lower
income households on non-vacant and vacant
sites previously identified in the Housing
Element (Table E-2), the City will, within one (1)
year of the adoption of the Housing Element
Update, allow developments (including mixed-
use projects) that include at least 20 percent of the
residential units as affordable to lower income
households, by right (no discretionary review).
Per Gov. Code Section 65583.2,
subsection (c), sites that have been
listed in previous Housing Element
are subject to a Housing Element
program that allows housing
development by right (no
discretionary review) when 20% of
the units are affordable to low income
households.
2.18 Affordability In order to provide adequate sites for lower
income households on non-vacant and vacant
sites previously identified in the Housing
Element (Table E-2), the City will, within one (1)
year of the adoption of the Housing Element
Update, allow developments (including mixed-
use projects) that include at least 20 percent of the
residential units as affordable to lower income
households, by right (no discretionary review).
This program is an opportunity for the
City to incentivize the development of
affordable housing for low income
households in other areas or specific
sites within the City that are not listed
within the Housing Element inventory
(Appendix E).
Goal 3 -Housing Conservation: Conserve existing housing and prevent the loss of safe housing and the displacement
of current occupants.
3.1 3.1 Housing
Conservation
Continue to encourage the rehabilitation,
remodeling or relocation of sound or rehabitable
housing rather than demolition. Demolition of
non-historic housing may be permitted where
conservation of existing housing would preclude
the achievement of other housing objectives or
adopted City goals.
3.2 3.2 Housing
Conservation
Discourage the removal or replacement of
housing affordable to extremely low, very-low,
low-and moderate income households, and avoid
permit approvals, private development,
municipal actions or public projects that remove
or adversely impact such housing unless such
actions are necessary to achieve General Plan
objectives and: (1) it can be demonstrated that
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rehabilitation of lower-cost units at risk of
replacement is financially or physically
infeasible, or (2) an equivalent number of new
units comparable or better in affordability and
amenities to those being replaced is provided, or
(3) the project will correct substandard, blighted
or unsafe housing; and (4) removal or
replacement will not adversely affect housing
which is already designated, or is determined to
qualify for designation as a historic resource.
3.3 -----Housing
Conservation
Encourage seismic upgrades of older dwellings to
reduce the risk of bodily harm and the loss of
housing in an earthquake.
All multi-family structures have been
retrofitted and single-family
residences are exempt from seismic
retrofits. Additionally, any upgrades
to older residential structures is now
covered in the proposed new Policy
1.4.
3.4 3.3 Housing
Conservation
Encourage the construction, preservation,
rehabilitation or expansion of residential hotels,
group homes, integrated community apartments,
and single-room occupancy dwellings.
3.5 3.4 Housing
Conservation
Preserve historic homes and other types of
historic residential buildings, historic districts
and unique or landmark neighborhood features.
3.6 -----Housing
Conservation
Preserve the fabric, amenities, yards (i.e.
setbacks), and overall character and quality of life
of established neighborhoods.
Moved to Goal 7: Neighborhood
Quality & Design and is now Policy
7.9.
3.7 3.5 Housing
Conservation
Encourage and support creative strategies for the
rehabilitation and adaptation and reuse of
residential, commercial, and industrial structures
for housing.
3.8 -----Housing
Conservation
Adopt an ordinance that implements policy 3.2 to
discourage removal or replacement of affordable
housing.
Affordable housing units are
protected by the State of California
Housing Accountability Act,SB 330
(see Policy 3.2), and the “no net loss”
requirements of SB 166.An
ordinance is no longer required.
3.9 -----Housing
Conservation
Correct unsafe, unsanitary or illegal housing
conditions, improve accessibility and energy
efficiency and improve neighborhoods by
collaborating with agencies offering
rehabilitation programs. City will use State or
Federal grants or other housing funds to
implement the program and provide services such
as home weatherization, repair and universal
access improvements.
Consolidated this program by adding
the first sentence to Policy 1.4 which
provides a broader context to support
all housing including the preservation
of existing housing.
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3.10 3.6 Housing
Conservation
Continue to encourage the creation of dwellings
in the Downtown Core (C-D Zone) and the
Downtown Planning Area by continuing the "no
net housing loss" program, consistent with
Chapter 17.86 17.142 (Downtown Housing
Conversion Regulations) of the Zoning
Regulations.
Updated to be consistent with Zoning
Regulations update.
3.11 3.7 Housing
Conservation
Continue to identify residential properties and
districts eligible for local, State or Federal
historic listing in accordance with guidelines and
standards to help property owners repair,
rehabilitate and improve properties in a
historically and architecturally sensitive manner.
3.12 3.8 Housing
Conservation
Continue to monitor and track affordable housing
units at-risk of being converted to market rate
housing annually and verify that tenants are
properly notices and aware of their rights.
Provide resources to support the Housing
Authority, and local housing agencies, purchase
and manage at-risk units.
3.13 3.9 Housing
Conservation
Work annually with non-profit organizations,
faith-based organizations, or the Housing
Authority of the City of San Luis Obispo, the City
will to encourage rehabilitation of residential,
commercial or industrial buildings to expand
extremely low, very-low, low or moderate
income rental housing opportunities.
3.10 Housing
Conservation
In order to mitigate the loss of affordable housing
units, replacement housing units shall be
provided for sites identified in the site inventory
when any new development (residential, mixed-
use or non-residential) occurs on a site that has
been occupied by or restricted for the use of
lower-income households at any time during the
previous five years. This requirement applies to:
non-vacant sites and vacant sites with previous
residential uses that have been vacated or
demolished (see Government Code, section
65583.2, subdivision (g)(3), and Government
Code, section 65915, subdivision (c)(3)).
This is a newrequirement of state law.
Goal 4-Mixed-Income Housing. Preserve and accommodate existing and new mixed income neighborhoods and seek
to prevent neighborhoods or housing types that are segregated by economic status.
4.1 4.1 Mixed-Income
Housing
Within newly developed neighborhoods, housing
that is affordable to various economic strata
should be intermixed rather than segregated into
separate enclaves. The mix should be comparable
to the relative percentages of extremely low,
very-low, low, moderate and above-moderate
income households in the City’s quantified
objectives.
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4.2 4.2 Mixed-Income
Housing
Include both market-rate and affordable units in
apartment and residential condominium projects
and intermix the types of units. Affordable units
should be comparable in size, appearance, and
basic quality to market-rate units.
4.3 4.3 Mixed-Income
Housing
Extremely-low and very low-income housing,
such as that developed by the Housing Authority
of the City of San Luis Obispo or other housing
providers, may be located in any zone that allows
housing, and should be dispersed throughout the
City rather than concentrated in one
neighborhood or zone.
4.4 4.4 Mixed-Income
Housing
In its discretionary actions, housing programs and
activities, the City shall affirmatively further fair
housing and promote equal housing opportunities
for persons of all economic segments of the
community.
4.5 4.5 Mixed-Income
Housing
Review new development proposals for
compliance with City regulations and revise
projects or establish conditions of approval as
needed to implement the mixed-income policies.
4.6 4.6 Mixed-Income
Housing
Consider aAmending the City’s Inclusionary
Housing Ordinance and Affordable Housing
Incentives to require that affordable units in a
development be of similar size,number of
bedrooms, character and basic quality as the
nonrestricted units in locations that avoid
segregation of such units including equivalent
ways to satisfy the requirement.Also evaluate
adjusting the City’s allowable sales prices for
deed-restricted affordable units per a variety of
unit types.
Added language based on findings
and recommendations from the 2020
Affordable Housing Nexus Study.
4.7 Mixed-Income
Housing
The City shall support Affirmatively Further Fair
Housing (AFFH) by:
•Facilitating public education and outreach by
providing informational flyers on fair housing
and reasonable accommodation at public
counters and on the City’s website. Information
will be included with utility billing at least once
per year.
•Training staff, elected officials, and appointees
on issues of disparity, structural racism, and
inequality.
•Implementing language standards and
procedures for providing equal access to City
services and programs to all residents, including
persons with limited proficiency in English.
•Deed-restricting units to provide affordability
and reduce displacement.
New requirement per state law.
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•Supporting new technologies and/or products
such as modular housing construction to reduce
costs and increase access to housing.
•Distributing information regarding tenant rights
and Fair Housing resources as part of Code
Enforcement’s response to housing code
enforcement issues.
4.8 Mixed-Income
Housing
Continue to distribute information regarding Fair
Housing by providing up to date information
online and brochures at the front counter,
providing educational materials to tenants,
property owners and property managers, and
making public service announcements (including
but not limited to the City’s News page, social
media sites, and newspaper ads) every year.
The Housing Element needs to show
how the City supports Fair Housing.
Goal 5 - Housing Variety and Tenure. Provide variety in the location,type, size, tenure,and style of dwellings.
5.1 -----Housing
Variety
Encourage the integration of appropriately
scaled, special needs housing into developments
or neighborhoods of conventional housing.
AB 101 allows this type of housing in
all zones and there is limited ability
control scale and design.
5.2 5.1 Housing
Variety
Encourage mixed-use residential/commercial
projects in all commercial zones, especially those
close to activity centers where compatible with
existing and planned surrounding development.
to include live-work and work-live units where
housing and offices or other commercial uses are
compatible.
Combined with Policy 5.3 to form one
policy that encourages mixed-use
development, consistent with the
Zoning Regulations update which no
longer identifies live/work or
work/live units separately from
mixed-use.
5.3 -----Housing
Variety
Encourage the development of housing above
ground-level retail stores and offices to provide
housing opportunities close to activity centers
and to use land efficiently.
See above.
5.4 5.2 Housing
Variety
New planned In general,housing developments
of twenty (20) or more units should provide a
variety of dwelling types, sizes and styles or
forms of tenure.
5.3 Housing
Variety
Encourage the development of a variety of
“missing middle” housing types.
This new policy is based on
community feedback and the work
program associated with the Housing
Major City Goal to address the need
for more housing. Missing middle
housing types include duplexes,
triplexes, quadplexes, cottages, etc.
Policy 5.4 also replaces Program 2.16
which discusses workforce housing.
5.5 -----Housing
Variety
Review new developments for compliance with
City regulations and revise projects or establish
conditions of approval as needed to implement
the housing variety and tenure policies.
Updated language to be consistent
with City policies and processes.
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5.4 Housing
Variety
Evaluate opportunities for promoting and
implement “missing middle” housing types (e.g.
duplex, triplex, quadplex, cottages, etc) to
increase housing options in the City within three
years of adopting the Housing Element.
New program to implement new
Policy 5.3.
5.5 Housing
Variety
Update the Zoning Regulations to allow mixed-
use development within Service Commercial (C-
S) and Manufacturing (M) zones by right without
a use permit within three one year of the adoption
of the Housing Element. Consider amending the
Zoning Regulations to streamline the permitting
process for mixed-used projects in commercial
zones.
New program to support Policy 5.1
and to streamline approval of projects
with residential units per HCD’s
direction.
Goal 6 - Housing Production. Plan for Facilitate the production of new housing to meet the full range of community
housing needs.
6.1 6.1 Housing
Production
Consistent with the growth management portion
of its Land Use Element and the availability of
adequate resources, the City will plan to
accommodate up to 3,354 dwelling units for the
6th cycle housing element update in accordance
with the assigned Regional Housing Needs
Allocation.1,144 dwelling units between January
2014 and June 2019 in accordance with the
assigned Regional Housing Needs Allocation.
Updated to be consistent with the 6th
Cycle RHNA.
6.2 ----Housing
Production
New commercial developments in the Downtown
Core (C-D Zone) shall include housing, unless
the City makes one of the following findings:
Housing is likely to jeopardize the health, safety
or welfare of residents or employees; or
The property’s shape, size, topography or other
physical factor makes construction of new
dwellings infeasible.
Updated to be consistent with Zoning
Regulations update. The Zoning
Regulations require housing as a part
of any development within the
downtown.
6.3 6.2 Housing
Production
If City services must be rationed to development
projects, residential projects will be given priority
over non-residential projects. As required by SB
1087,Housing affordable to lower income
households will be given first priority.
6.4 6.3 Housing
Production
City costs of providing services to housing
development will be minimized. Other than for
existing housing programs encouraging housing
affordable to extremely low, very-low and low
income persons, the City will not make new
housing more affordable by shifting costs to
existing residents.
6.5 6.4 Housing
Production
When sold, purchased, or redeveloped for public
or private uses, City-owned properties within the
urban reserve shall include housing as either a
freestanding project or part of a mixed-use
development where land is suitable and
appropriate for housing.
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6.6 -----Housing
Production
Property located behind the former County
General Hospital shall be designated a “Special
Considerations” zone and may be considered
suitable for residential development after further
analysis and environmental review, provided that
development be limited to site areas with average
slopes of less than 20 percent, that approximately
one-half of the total site area be dedicated for
open space and/or public use, and that an
additional water tank be provided if determined
necessary to serve new development.
Completed as a part of the LUE
update as part of the special focus
areas section;Program 8.6. General
Hospital Site.
6.7 6.5 Housing
Production
Support the redevelopment of excess public and
private utility properties for housing where
appropriately located and consistent with the
General Plan.
6.8 6.6 Housing
Production
Consistent with the City’s goal to stimulate
higher density infill where appropriate in the
Downtown Core (C-D Zone), Upper Monterey,
and Mid-Higuera Special Focus Areas,, the City
shall consider changes to the Zoning Regulations
that would allow for flexible density standards
that support the development of smaller
apartments and efficiency units.
This policy was updated to encourage
additional residential units not only in
Downtown, but in Upper Monterey
and Mid-Higuera Special Focus Areas
consistent with the City’s Major City
Goal work program and new Program
2.15.
6.9 6.7 Housing
Production
Encourage and support employer/employee
financing programs and partnerships to increase
housing opportunities specifically targeted
towards the local workforce.
Revised language allows for more
flexibility and creativity to implement
the policy.
6.10 6.8 Housing
Production
To help meet the 6th cycle RHNA production
targets Quantified Objectives, the City will
support residential infill development and
promote higher residential density where
appropriate.
Updated to be consistent with the 6th
Cycle RHNA.
-----6.9 Housing
Production
Specific plans for any new area identified shall
include R-3 and R-4 zoned land to ensure
sufficient land is designated at appropriate
densities to accommodate the development of
extremely low-, very low- and low-income
dwellings.
Converted Program 6.14 into a policy.
6.11 6.10 Housing
Production
Maintain the General Plan and Residential
Growth Management Regulations (SLOMC
17.88144) exemption for new housing in the
Downtown Core (C-D zone), accessory dwelling
units (ADUs), and new housing in other zones
that is enforceably for deed-restricted for
extremely-low, very low, low-and moderate
income households, pursuant to the Affordable
Housing Standards.
Updated to be consistent with Zoning
Regulations update.
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6.12 6.11 Housing
Production
Continue to allow flexible parking regulations for
housing development, especially in the
Downtown Core (C-D Zone), including the
possibilities of flexible use of city parking
facilities by Downtown residents, where
appropriate, and reduced or no parking
requirements where appropriate guarantees limit
occupancies to persons without motor vehicles or
who provide proof of reserved, off-site parking.
Such developments may be subject to
requirements for parking use fees, use limitations
and enforcement provisions.
6.13 6.12 Housing
Production
Continue to evaluate, every two to three years
within the planning period, opportunities to
develop and implement incentives to encourage
additional housing in the Downtown, Upper
Monterey, and Mid-Higuera Special Focus Areas
Downtown Core (C-D Zone), particularly in
mixed-use developments. Density based on
flexible density in a project should be explored to
encourage the development of smaller units.
Modified to be consistent with Policy
6.6.
6.14 ----Housing
Production
Specific plans for any new expansion area
identified shall include R-3 and R-4 zoned land
to ensure sufficient land is designated at
appropriate densities to accommodate the
development of extremely low, very-low and low
income dwellings. These plans shall include sites
suitable for subsidized rental housing and
affordable rental and owner-occupied dwellings,
and programs to support the construction of
dwellings rather than payment of in-lieu housing
fees. Such sites shall be integrated within
neighborhoods of market-rate housing and shall
be architecturally compatible with the
neighborhood.
Converted to Policy 6.9.
6.15 6.13 Housing
Production
Consider General Plan amendments, as projects
are proposed,to rezone commercial,
manufacturing or public facility zoned areas for
higher-density, infill or mixed-use housing where
compatible with surrounding development.
Group requested rezones so that as many as
possible can be considered consistent with
Government Code §65358,that allows a general
plan to be amended more frequently than four
times during any calendar year land development
patterns are suitable and where impact to Low-
Density Residential areas is minimal.For
example,Areas to be considered for possible
rezoning include, but are not limited to the
following sites:
A. Portions of South Broad Street Corridor and
Little Italy area
Updated to remove sites that have
been developed and added new sites
that may be considered for additional
housing development.
New language in blue added per the
recommendation of the PC at the June
10, 2020 meeting.
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B. 1499 San Luis Drive (rezone vacant and
underutilized School District property)
C. 1642 Johnson Avenue (vacant School
District property)
D. 4325 South Higuera Street (former P.G.&E.
yard)
E.4355 Vachell Lane (vehicle storage)
F.173 Buckley Road (Avila Ranch)
G. 2143 Johnson Avenue (adjacent to County
Health Department)
H. 3710 Broad Street (Plumbers and
Steamfitters Union)
I.11950 Los Osos Valley Road (Pacific Beach
High School)
J. 2500 Block of Boulevard Del Campo
(adjacent to Sinsheimer Park)
K.12165 & 12193 Los Osos Valley Road
(adjacent to Home Depot)
L. 1150 & 1160 Laurel Lane (Atoll Business &
Technology Center)
M.600 Tank Farm Road (Temporary
Unimproved Parking Area)
N.12500 Los Osos Valley Road (053-141-013)
(Agricultural fields and San Luis Creek)
O.Los Osos Valley Road (053-161-020)
(Agricultural fields and San Luis Creek)
6.16 6.14 Housing
Production
Continue to provide City resources,including
$40,000 annually for operational support,that to
support the SLO County Housing Trust Fund’s
efforts to provide below market financing and
technical assistance to affordable housing
developers as a way to increase to construct or
preserve five affordable housing units per year
production in the City of San Luis Obispo.
6.17 6.15 Housing
Production
Encourage residential development through infill
development and densification within City Limits
and in designated expansion areas over new
annexation of land.
Reducing duplicity. The Land Use
Element provides direction on the
areas that the City encourages
densification and development in both
infill and expansion areas.
6.18 6.15 Housing
Production
Seek opportunities Meet every other year during
the planning period with other public and private
agencies to identify excess, surplus, ans
underutilized parcels for residential development.
and public utilities to identify, assemble, develop,
redevelop and recycle surplus land for housing,
and to convert vacant or underutilized public,
utility or institutional buildings to housing.
Consistent with new State law.
6.19 6.16 Housing
Production
Continue to Incentivize 20 affordable housing
developments per year during the planning period
consistent with SLOMC Affordable Housing
Incentives. with density bonuses, parking
reductions and other development incentives,
including City financial assistance.
Simplified as the requirements are
outlined in the City’s Municipal
Code. Reference to City financial
assistance was removed because it is
not a “development incentive.”
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6.20 6.17 Housing
Production
Continue to Financially assist in the development
of 20 housing units per year that are affordable to
extremely low, very-low, low-or and moderate
income households during the planning period
using State, Federal and local funding sources,
with funding priority given to projects that result
in the maximum housing benefits for the lowest
household income levels.
6.21 6.18 Housing
Production
Actively seek and collaborate with non-profit
housing providers to (jointly) apply for three new
revenue sources each year during the planning
period, including State, Federal and private/non-
profit sources, and financing mechanisms to
financially assist with development of affordable
housing affordable to development for extremely
low, very low and low or moderate income
households and first- time homebuyers.
6.22 ----Housing
Production
Continue to exempt the rehabilitation or
remodeling of up to 4 dwellings of up to 1200
square feet each from Architectural Review
Commission review. New multi-unit housing
may be allowed with “Minor or Incidental” or
staff level architectural review, unless the
dwellings are located on a sensitive or historically
sensitive site.
Implemented. Section 17.106.030 has
been added to the 2018 Zoning
Regulations update which references
SLOMC Chapter 2.48 that includes
language that exempts the
rehabilitation or remodeling of up to 4
dwellings of up to 1,200 square feet
each from Architectural Review
Commission review.
6.23 -----Housing
Production
Assist in the production of affordable housing by
identifying vacant or underutilized City-owned
property suitable for housing, and dedicate public
property, where feasible and appropriate for such
purposes, as development projects are proposed.
Implemented. Staff completed an
inventory of City-owned property and
found that no City-owned properties
are suitable for housing.
6.24 -----Housing
Production
Community Development staff will proactively
provide information for properties suitable for
housing as identified in the Land Use and
Housing Elements.
Implemented.Staff actively provides
information regarding any land
identified in the Housing Element or
the Land Use Element that may be
suitable for housing development
possibilities.
6.25 -----Housing
Production
Evaluate and consider amending the General Plan
to designate the 46 acres associated with the
former County General Hospital as a “Special
Considerations” zone, suitable for housing
development on areas of the site of less than 20
percent average slope, provided that open space
dedication and public improvements are part of
the project.
Completed. The Land Use Element
was updated in 2015 to include
Program 8.6 which identified the
General Hospital site as a Special
Planning Area.
6.26 6.19 Housing
Production
Continue to update the Review the Affordable
Housing Incentives (Chapter 17.90140, SLOMC)
and Zoning Regulations every two years during
the planning period and update to ensure density
bonus incentives are consistent with State Law.
Updated to be consistent with Zoning
Regulations update.
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6.27 -----Housing
Production
Evaluate and consider increasing the residential
density allowed in the Neighborhood-
Commercial (C-N), Office (O) and Downtown
Commercial (C-D) zoning districts. The City will
evaluate allowing up to 24 units per acre in the C-
N and O zones, and up to 72 units per acre in the
C-D zone, twice the current density allowed in
these areas.
A detailed analysis of increasing the
residential density allowed in various
zoning districts was considered and
evaluated as a part of the zoning
update and determined that it would
need to be part of a larger update to
the Land Use Element (LUE) and
require additional environmental
review.
6.28 -----Housing
Production
Evaluate how lot patterns (i.e. size, shape, slope)
in the City’s multi-family zones affect the City’s
ability to meet housing production policies. If
warranted, consider setting a minimum number
of dwellings on each legal lot in the R-2, R-3 and
R-4 zones, regardless of lot size, when other
property development standards, such as parking,
height limits and setbacks can be met.
Implemented. In 2018 the Zoning
Regulations were updated to include
minimum number of dwellings on
each legal lot in the R-2, R-3 and R-4
zones, regardless of lot size as long as
the development can meet all property
development standards, such as
parking, height limits and setbacks.
6.29 -----Housing
Production
Continue to pursue incentives to encourage
development of Secondary Dwelling Units
(SDUs). Possible incentives include SDU design
templates, flexible development standards, fee
reductions or deferrals, or other measures to
encourage the construction of SDUs where
allowed by zoning.
Implemented. The City updated the
Zoning Regulations in 2018 and 2020
to be consistent with State law
regarding SDUs (now called ADUs –
Accessory Dwelling Units).In
addition, the City has also eliminated
impact fees requirements for ADUs.
6.30 6.20 Housing
Production
Evaluate and update consider updating adopting
the Subdivision and Zoning Regulations,within
three years of the Housing Element Adoption,
changes to support small lot subdivisions,
ownership bungalow court development
Eliminate the one acre minimum lot area for PD
overlay zoning,and other alternatives to
conventional subdivision design.
The Zoning Regulations were updated
in 2018 and included a revision to the
PD overlay zoning to allow a
minimum of one-half of a contiguous
acre for a PD (as opposed to a one acre
minimum).
6.31 -----Housing
Production
Consider scaling development impact fees for
residential development based on size, number of
bedrooms, and room counts.
Completed as a part of the AB 1600
and fee schedule update.
6.32 6.21 Housing
Production
Continue to submit annual the Housing Element
Annual Progress Reports (APR) to the State
Department of Housing and Community
Development and the Governor’s Office of
Planning and Research on or before April 1st of
each year for the prior calendar year, pursuant to
per Government Code Section 65400.
6.22 Housing
Production
Update the City’s municipal code to expand
objective design standards within one year of the
adoption of the Housing Element Update.
SB 330 restricts cities from imposing
or enforcing new design standards
established on or after January 1,
2020, that are not objective design
standards. This program provides a
plan to expand the existing objective
design standards within the Zoning
Regulations to include additional
standards that are contained within the
Community Design Guidelines.
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6.23 Housing
Production
Update the development review process and
expand the thresholds of each review level
(minor, moderate, and major) to eliminate or
reduce the number of public hearing required for
housing projects within one year of adopting the
Housing Element.
Consistent with the State’s goal to
streamline the review process for
housing projects, this program
outlines a plan to restructure the
review process and eliminate or
reduce the number of public hearings
needed to approve a housing project.
Goal 7 - Neighborhood Quality. Maintain, preserve and enhance the quality and livability of neighborhoods. encourage
neighborhood stability and owner occupancy, and improve neighborhood appearance, function and sense of
community.
Modified to provide focus on neighborhood quality, amenities, and access and less on specific tenure .Where projects propose
home ownership, Goal 10: Local Preference, outlines policies and programs to support local home ownership.
7.1 7.1 Neighborhood
Quality
Within established neighborhoods, new
residential development should shall be of
compatible design character, size, density and
quality that respects the existing neighborhood
character, to enhance and maintains the quality of
life for existing and future residents.
Reworded for consistency with state
law.
7.2 7.2 Neighborhood
Quality
Higher density housing should maintain high
quality standards for unit design, privacy,
security, on-site amenities, and public and private
open space. Such standards should be flexible
enough to allow innovative design solutions.in
special circumstances, e.g. in developing mixed-
use developments or in housing in the Downtown
Core.
7.3 -----Neighborhood
Quality
Within established neighborhoods, housing
should not be located on sites designated in the
General Plan for parks or open space.
Covered by polices within the
Conservation and Open Space
Element and the Land Use Element.
7.4 7.3 Neighborhood
Quality
Within expansion areas, New residential
developments should incorporate be an integral
part of an existing neighborhood or should
establish a new neighborhood,with pedestrian
and bicycle linkages that provide direct,
convenient and safe access to adjacent
neighborhoods, schools, parks, and shopping
areas.
The City no longer has any areas that
are considered “expansion areas.”The
Policy should apply to all new
residential projects.
7.5 7.4 Neighborhood
Quality
Discourage the creation of walled-off or physical
separations between residential enclaves, or of
separate, unconnected tracts to enhance,is
discouraged because physical separations prevent
the formation of safe, walkable, and enjoyable
neighborhoods.
Reworded for clarity.
7.6 7.5 Neighborhood
Quality
Housing should shall be sited to enhance safety
along neighborhood streets and in other public
and semi-public areas.
7.7 7.6 Neighborhood
Quality
The physical design of neighborhoods and
dwellings should promote walking and bicycling
and preserve open spaces and views.
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7.8 7.7 Neighborhood
Quality
Continue to encourage strategies and programs
that increase long-term residency and
stabilization in neighborhoods.
----7.8 Neighborhood
Quality
Preserve the fabric, amenities, yards (i.e.
setbacks), and overall character and quality of life
of established neighborhoods.
Policy 3.6 was moved to Goal 7 as it
better relates to Neighborhood
Quality than Housing Conservation.
----7.9 Neighborhood
Quality
Encourage neighborhood design elements that
improve overall health of residents such as
providing safe and convenient opportunities to
access healthy food and attractive places for
recreational exercise.
This is a new policy that has been
added as recommended by the
Planning Commission to address
public health and housing.
7.9 7.10 Neighborhood
Quality
Continue to utilize a diverse range of outreach
methoods implement varied strategies,including
such as early notification through email
notifications electronic media,the City’s website
and social media accounts improvements,and
neighborhood outreach meetings, etc., to ensure
residents are aware of and able to participate in
planning decisions affecting their neighborhoods
early in the planning process.
Updated to be consistent with current
requirements and policies.
7.10 7.11 Neighborhood
Quality
Continue to work directly with neighborhood
groups and individuals to address concerns
pertaining to Identify specific neighborhood
needs, problems, trends and opportunities for
physical improvements.
7.11 7.12 Neighborhood
Quality
Continue to fund neighborhood improvements,
including parks, sidewalks, traffic calming
devices, crosswalks, parkways, street trees and
street lighting to improve aesthetics, safety and
accessibility.
7.12 -----Neighborhood
Quality
Continue to develop and implement
neighborhood parking strategies, including
parking districts, to address the lack of on-and
off-street parking in residential areas.
Implemented. The City has a process
where Neighborhood Parking
Districts can be created. The City has
also been working on the creation of
demand-based parking strategies.
7.13 7.13 Neighborhood
Quality
Continue the City’s Neighborhood Services and
proactive enforcement Code Enforcement
programs to support neighborhood wellness.
----7.14 Neighborhood
Quality
Encourage new developments with 10 or more
residential units be reviewed and scored by the
Healthy Communities Work Group prior to
submitting a planning application to the City.
This is a new program recommended
by the Planning Commission to
support Policy 7.9. The City Council
directed staff to review this program
and provide more clarity. The
requirement to have a housing project
be evaluated by an outside group
poses several concerns: 1) reduced
predictability in the review process
for developers or the public; 2) review
timing and scoring is outside the
control of the City; 3) once a score is
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given to the project, the City does not
have development standards or code
requirement to interpret the score; and
4) this requirement could result in the
delaying the approval of housing
projects (this could place the City in a
difficult position of conflict with state
law). Staff is recommending that this
program be removed.
----7.14 Neighborhood
Quality
Evaluate and update the Community Design
Guidelines to provide site design standards for
Encourage developments with 110 or more
residential units to include outdoor amenities
such as the following: outdoor visiting and
gathering spaces, places to exercise or recreate,
and spaces reserved for edible landscape or
community gardens.
This is a new program recommended
by the Planning Commission to
support Policy 7.9. The City Council
directed staff to review this program
and provide more clarity. Staff is
recommending that the program be
connected to an update of the
Community Design Guidelines. 10
units was changed to 11 units to be
consistent with what is defined as
“Development Review –Major”
within the Zoning Regulations.
Goal 8 -Special Housing Needs. Encourage the creation and maintenance of housing for those with special housing
needs.
8.1 8.1 Special
Housing
Needs
Encourage housing development that meets a
variety of special needs, including large families,
single parents, disabled persons, the elderly,
students, veterans, the homeless, or those seeking
congregate care, group housing, single-room
occupancy or co-housing accommodations,
utilizing universal design.
8.2 8.2 Special
Housing
Needs
Preserve manufactured housing or mobile home
parks and support changes in these forms of
tenure only if such changes provide residents
with greater long-term security or comparable
housing in terms of quality, cost, and livability.
8.3 -----Special
Housing
Needs
Encourage manufactured homes in Specific Plan
Areas by:
A) When the City considers adopting new
specific plans, including policies that support
owner-occupied manufactured home parks with
amenities such as greenbelts, recreation facilities,
and shopping services within a master planned
community setting. Such parks could be
specifically designed to help address the needs of
those with mobility and transportation
limitations.
B) Establishing lot sizes, setback, and parking
guidelines that allow for relatively dense
Manufactured homes are allowed in
all residential zones; applicants have
not shown any interest in creating new
manufactured home parks.New,
higher density development is more
efficient and cost effective. The most
recent affordable housing projects
have all been multi-family
apartments.
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placement of manufactured homes within the
master planned neighborhood.
C) Locating manufactured home parks near
public transit facilities or provide public
transportation services to the manufactured home
parks to minimize the need for residents to own
automobiles.
8.4 8.3 Special
Housing
Needs
Encourage Cal Poly University to continue to
develop on-campus student housing to meet
existing and future needs and to lessen pressure
on City housing supply and transportation
systems.
8.5 8.4 Special
Housing
Needs
Strengthen the role of on-campus housing by
encouraging Cal Poly University to require
freshmen and sophomore students to live on
campus.
8.6 8.5 Special
Housing
Needs
Locate fraternities and sororities on the Cal Poly
University campus. Until that is possible, they
should be located in Medium-High and High-
Density residential zones near the campus.
8.7 8.6 Special
Housing
Needs
Encourage Cal Poly University to develop and
maintain faculty and staff housing, consistent
with the General Plan.
8.8 8.7 Special
Housing
Needs
Disperse special needs living facilities
throughout the City where public transit and
commercial services are available, rather than
concentrating them in one district.
8.9 8.8 Special
Housing
Needs
Support Continue to support regional efforts to
address homelessness implement the document
“The Path Home: San Luis Obispo County’s 10
Year Plan to End Chronic Homelessness”.
Revised to be consistent with current
activities and SB 101.
8.10 8.9 Special
Housing
Needs
Encourage a variety of housing types that
accommodate persons with disabilities,and
promote aging in place, and include amenities
such as visiting space, first floor accessibility,
etc.including a goal of “visitability” in new
residential units, with an emphasis on first-floor
accessibility to the maximum extent feasible.
Based on community feedback, this
policy was revised to highlight that
housing for persons with disabilities
or aging in place should include
amenities that support those living
within the units.
8.11 -----Special
Housing
Needs
Encourage changes to City regulations that would
support the special housing needs of disabled
persons, including persons with developmental
disabilities.
Completed. Regulations have been
updated to address special housing
needs. In addition, the building code
is regularly updated to meet State and
Federal requirements.
8.12 8.10 Special
Housing
Needs
Assist the homeless and those at risk of becoming
homeless by supporting shelters, temporary
housing, and transitional housing.and by
facilitating general housing assistance.
The role of the City is not to place
individuals in housing. There are
several local non-profits involved
with helping people find housing. The
City, if contacted, connects people to
these local organizations.
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8.13 8.11 Special
Housing
Needs
Continue to provide resources that support local
and regional solutions to meeting the needs of the
homeless and continue to support, jointly with
other agencies, shelters and programs, such as
Housing First and Rapid Rehousing, for the
homeless and for displaced individual and
families. women and children.
8.14 8.12 Special
Housing
Needs
Continue to enforce the mobile home rent
stabilization program to minimize increases in the
cost of mobile home park space rents.
8.15 8.13 Special
Housing
Needs
Continue to look for Support opportunities in
specific plan areas within the City suitable for
tenant-owned mobile-home parks, cooperative or
limited equity housing, manufactured housing,
self-help housing, or other types of housing that
meets special needs.
8.16 8.14 Special
Housing
Needs
Advocate developing more housing and
refurbishing campus housing at Cal Poly
University.
8.17 8.15 Special
Housing
Needs
Work with Cal Poly University Administration to
secure designation of on-campus
fraternity/sorority living groups.
8.18 8.16 Special
Housing
Needs
Jointly develop and implement a student housing
plan and Continue to support “good neighbor
programs” with Cal Poly State University, Cuesta
College, the City and local City residents. The
program would seek to improve communication
and cooperation between all groups the City and
the schools, set on campus student housing
objectives and establish clear, effective standards
for about student housing in residential
neighborhoods.
Revised for clarity.
8.19 8.17 Special
Housing
Needs
Provide public educational information at various
City Offices, on the City website, and other
electronic media platforms the Community
Development Department public counter on
universal design concepts (i.e. aging in place) for
new and existing residential dwellings.
Revised for clarity.
8.20 8.18 Special
Housing
Needs
Transitional Housing and Supportive Housing:
Continue to allow the establishment of
transitional and supportive housing in all zoning
districts where residential uses are allowed.
Review and amend the Zoning Regulations
within one year of Housing Element adoption to
ensure compliance with: 1) the Supportive
Housing Streamlining Act (AB 2162) to allow
supportive housing a use-by-right in zones where
multi-family and mixed uses are permitted,
including nonresidential zones permitting
multifamily uses, if the proposed development
Revised to be consistent with State
law.
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meets specified criteria; and 2) AB 101, to allow
to allow homeless shelters, transitional housing
and supportive housing (Low Barrier Navigation
Centers) by right in all residential zones, areas
zoned for mixed-uses, and nonresidential zones
permitting multifamily uses without a conditional
use permit to be alignment with Government
Code Section 65660 (AB 101).
8.21 8.19 Special
Housing
Needs
Continue to look for partnership opportunities
with non-profit housing developers and service
providers to that can be acquire four vacant,
blighted, or underutilized properties (land, retail
or commercial space, motels, apartments,
housing units, mobile home parks)during the
planning period for and conversion into
affordable permanent and supportive housing and
permanent supportive housing for homeless
persons and families.
Revised to broaden the opportunities
for the City to partner with local non-
profit housing developers.
8.22 -----Special
Housing
Needs
Consider addition of an overlay zone to existing
and future mobile home and trailer park sites to
provide constructive notice that additional
requirements, such as rent stabilization and a
mobile home park conversion ordinance may
apply.
The City’s Municipal Code contains a
Mobile Home Park Rent Stabilization
Ordinance that applies citywide to all
mobile home parks. The Ordinance
satisfies this program by protecting
owners and renters of mobile homes
from unreasonable rent increases.
Staff has evaluated that an overlay
zone would not provide any additional
benefit.
8.23 8.20 Special
Housing
Needs
Actively Continue to seek and collaborate with
non-profit housing providers to (jointly) apply for
two revenue sources each year during the
planning period for State, Federal, and local
funding sources to encourage and financially
assist with the development of housing for
persons with developmental disabilities. The City
will seek grantopportunities for housing
construction and rehabilitation specifically
targeted for persons with developmental
disabilities.
Consolidated the wording of this
program. No change in the content.
8.24 -----Special
Housing
Needs
Continue to coordinate with the County, social
services providers and non-profit organizations
for delivery of existing, improved and expanded
services, including case management, drug,
alcohol, detoxification, and mental health
services.
This program is covered in Program
8.21.
8.25 8.21 Special
Housing
Needs
Continue to coordinate monthly engage with the
County Department of Social Services, Homeless
Services Oversight Council (HSOC), social
services providers, and non-profit organizations
and Friends of Prado Day Center (FPDC)to
identify, evaluate, and implement strategies to
reduce the impacts of homelessness on the City.
Updated language to be consistent
with current organizations and
agencies.
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8.22 Special
Housing
Needs
Work with other jurisdictions to advocate for
State legislation that would: 1) provide funding to
help Cal Poly University provide adequate on-
campus student housing, and 2) allow greater
flexibility for State universities and community
colleges to enter into public-private partnerships
to construct student housing.
Relocated Program 10.6.
8.23 Special
Housing
Needs
Update Zoning Regulations, within two years of
Housing Element adoption, to be consistent with
the Employee Housing Act; including: 1) an
update of Table 2-1 to allow single-unit dwellings
without a Conditional Use Permit within the
Open Space and Conservation (C/OS) zone and
employee housing consisting of no more than 36
beds in a group quarters, or 12 units or separate
rooms or spaces designed for use by a single-
family or household within the C/OS and AG
zones, and 2) remove Chapter 17.148 -High-
Occupancy Residential Use Regulations.
Revised to be consistent with state
law regarding the Employee Housing
Act.
Goal 9 - Sustainable Housing Site, and Neighborhood Design. Encourage housing that is resource conserving, healthful,
economical to live in, environmentally benign, and recyclable when demolished.
9.1 9.1 Sustainable
Housing, Site
and
Neighborhood
Design
Residential developments should promote
sustainability consistent with the Climate Action
Plan (CAP) and California Building Energy
Efficiency Standards –Title 24 in their design,
placement, and functionality use.Sustainability
can be promoted through a variety of housing
strategies, including the following:
A) Maximize use of renewable, recycled-content,
and recycled materials, and minimize use of
building materials that require high levels of
energy to produce or that cause significant,
adverse environmental impacts.
B) Incorporate renewable energy features into
new homes, including passive solar design, solar
hot water, solar power, and natural ventilation
and cooling.
C) Minimize thermal island effects through
reduction of heat-absorbing pavement and
increased tree shading.
Avoid building materials that may contribute to
health problems through the release of gasses or
glass fibers into indoor air.
D) Design dwellings for quiet, indoors and out,
for both the mental and physical health of
residents.
F) Design dwellings economical to live in
because of reduced utility bills, low cost
maintenance and operation, and improved
occupant health.
G) Use construction materials and methods that
maximize the recyclability of a building’s parts.
Updated to be consistent with current
City and State policies. Strategies
were removed because they are
outlined in the CAP and Title 24.
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#New #Goals Policy/Program Reason for Modification
Educate public, staff, and builders to the
advantages and approaches to sustainable design,
and thereby develop consumer demand for
sustainable housing.
I) City will continue to refer to a sustainable
development rating system, such as the LEED or
GreenPoint programs when evaluating new
development proposals.
9.2 9.2 Sustainable
Housing, Site
and
Neighborhood
Design
Residential units site, subdivision layouts, and
neighborhood designs amenities should be
coordinated to support make residential
sustainable design work.Some ways to do this
include:
A) Design subdivisions to maximize solar access
for each dwelling and site.
B) Design sites so residents have usable outdoor
space with access to both sun and shade.
C) Streets and access ways should minimize
pavement devoted to vehicular use.
D) Use neighborhood retention basins to purify
street runoff prior to its entering creeks. Retention
basins should be designed to be visually attractive
as well as functional. Fenced-off retention basins
should be avoided.
E) Encourage cluster development with
dwellings grouped around significantly-sized,
shared open space in return for City approval of
smaller individual lots.
F)Treat public streets as landscaped parkways,
using continuous plantings at least six feet wide
and where feasible, median planters to enhance,
define, and to buffer residential neighborhoods of
all densities from the effects of vehicle traffic.
Examples were removed as
innovative sustainable designs are
extensive.
9.3 -----Sustainable
Housing, Site
and
Neighborhood
Design
Preserve the physical neighborhood qualities in
the Downtown Planning Area that contribute to
sustainability. Some ways to do this include:
A) Maintain the overall scale, density and
architectural character of older neighborhoods
surrounding the Downtown Core.
B) Encourage the maintenance and rehabilitation
of historically designated housing stock.
The Historic Preservation Ordinance
preserves and protects historic
structures and districts. Additionally,
the Conservation and Open Space
Element includes Policies 3.3.4, 3.3.5,
that direct preservation of historic
buildings, districts, and
neighborhoods. Program 3.6.3 directs
construction within historic districts.
9.4 9.3 Sustainable
Housing, Site
and
Neighborhood
Design
To promote energy conservation and a cleaner
environment,Continue to encourage the
development of dwellings with energy-efficient
designs, utilizing passive and active solar
features, and the use of energy-saving techniques
that exceed minimums prescribed by State law.
9.5 9.4 Sustainable
Housing, Site
and
Neighborhood
Design
Actively Continue to promote water conservation
through housing and site design to help moderate
the cost of housing.
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9.6 9.5 Sustainable
Housing, Site
and
Neighborhood
Design
Support programs that provide financing for
sustainable home upgrade projects such as
installation of solar panels, heating and cooling
systems, water conservation and windows to
improve the energy efficiency of the City’s
existing housing stock.
9.7 9.6 Sustainable
Housing, Site
and
Neighborhood
Design
Continue to educate planning and building staff
and citizen review bodies on energy conservation
issues, including the City’s energy conservation
policies and Climate Action Plan. Staff shall
work with applicants to achieve the City’s energy
conservation goals.
9.8 9.7 Sustainable
Housing, Site
and
Neighborhood
Design
Continue to provide assurance of long-term solar
access for new or remodeled housing and for
adjacent properties, consistent with historic
preservation guidelines and revise regulations
found to be inadequate.
9.9 -----Sustainable
Housing, Site
and
Neighborhood
Design
Continue to implement the Water Quality Control
Board’s “Post-Construction Stormwater
Management Requirements for Development
Projects in the Central Coast Region”, to reduce
the amount of impermeable surface.
Implemented. All development
projects are required to include Post-
Construction Stormwater
Management Requirements as a part
of a project application, which allows
staff to verify that the project is
consistent with the Regional Water
Board’s Requirements.
9.10 9.8 Sustainable
Housing, Site
and
Neighborhood
Design
Implement Climate Action Plan programs that
increase the production of “green” housing units
and projects and require use of sustainable and/or
renewable materials, water and energy
technologies (such as, but not
limited to solar, wind, or thermal).
9.11 9.9 Sustainable
Housing, Site
and
Neighborhood
Design
Continue to promote building materials reuse and
recycling in site development and residential
construction, including flexible standards for use
of salvaged, recycled, and “green” building
materials. Continue the City’s
construction and demolition debris recycling
program as described in Chapter 8.05 of the
Municipal Code.
9.12 -----Sustainable
Housing, Site
and
Neighborhood
Design
Consider incentivizing dwelling units to a
minimum size of 150 square feet, consistent with
the California Building Code, by reduced impact
fees and property development standards.
Implemented. The City has
implemented a reduction in the impact
fees for smaller units with AB 1600
and the fee schedule update.
Additionally, ADU requirements
have been revised to be consistent
with state law and impact fees
removed in order to incentivize the
development of this type of smaller
unit.
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#New #Goals Policy/Program Reason for Modification
9.13 9.10 Sustainable
Housing, Site
and
Neighborhood
Design
Continue to support Consider participating in
financing programs for sustainable home
improvements such as solar panels, heating and
cooling systems, water conservation and energy
efficient windows.
Goal 10 - Local Preference. Maximize affordable housing opportunities for those individuals who are employed in
business that are located in geographic areas that are customarily included in the City’s annual jobs -housing balance
analysis who live or work in San Luis Obispo while seeking to balance job growth and housing supply.
10.1 10.1 Local
Preference
Administer City housing programs and benefits,
such as First Time Homebuyer Assistance or
affordable housing lotteries, to give preference to
individuals as outlined in Policy 10.2. to: 1)
persons living or working in the City or within the
City’s Urban Reserve, and 2) persons living in
San Luis Obispo County.
See discussion under Policy 10.2
10.2 -----Local
Preference
Cal Poly State University and Cuesta College
should actively work with the City and
community organizations to create positive
environments around the Cal Poly Campus by:
A) Establishing standards for appropriate student
densities in neighborhoods near Campus;
B) Promoting homeownership for academic
faculty and staff in Low-Density Residential
neighborhoods in the northern part of the City;
and
C) Encouraging and participating in the
revitalization of degraded neighborhoods.
This Policy did not address local
preference. Supporting housing for
employees at Cal Poly, Cuesta, CMC,
etc. is covered in Policy 10.2.
10.2 Local
Preference
Encourage, and where legally allowed, require
new housing development to give preference in
the following order: 1) individuals who are
employed in business that are located in
geographic areas that are customarily included in
the City’s annual jobs-housing balance analysis,
2) individuals residing in the County, and 3)
finally to individuals from outside the County.
Council directed staff to work with
the City Attorney’s office to reword
Policy 10.2. In reviewing the City’s
Housing Element, HCD shared
concerns with Policy 10.2 and
Program 10.4. They stated that, “This
policy [10.2] potentially erects
barriers and prevents access to
housing opportunities, particularly to
individuals from outside of the City,
and should be removed.” In re-
reviewing Goal 10 and the associated
policies and programs staff is
recommending these be removed
from the Housing Element in order
prevent limiting housing to any
individual.
10.3 Local
Preference
Continue to work with the County of San Luis
Obispo for any land use decisions that create
significant expansion of employment in the
unincorporated areas adjacent to the City to
mitigate housing impacts on the City.
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10.4 Local
Preference
Encourage residential developers to sell or rent
their projects to those residing or employed in the
City first before outside markets.
See discussion under Policy 10.2
10.5 Local
Preference
Work with Cal Poly to address the link between
enrollment and the expansion of campus housing
programs at Cal Poly University to reduce
pressure on the City's housing supply.
This program is covered in Program
8.16.
10.6 Local
Preference
Work with other jurisdictions to advocate for
State legislation that would: 1) provide funding to
help Cal Poly University provide adequate on-
campus student housing, and 2) allow greater
flexibility for State universities and community
colleges to enter into public-private partnerships
to construct student housing.
Relocated under Goal 8 as Program
8.22.
Goal 11 - Suitability. Develop and retain housing on sites that are suitable for that purpose.
11.1 Suitability Where property is equally suited for commercial
or residential uses, give preference to residential
use. Changes in land use designation from
residential to non-residential should be
discouraged.
Policies and programs within Goal 11
are covered by the other Goals of the
Housing Element, the Housing Major
City Goal, the Conservation and Open
Space Element, the Land Use
Element, and the Safety Element.
11.2 Suitability Prevent new housing development on sites that
should be preserved as dedicated open space or
parks, on sites subject to natural hazards such as
unmitigable geological or flood risks, or wild fire
dangers, and on sites subject to unacceptable
levels of man-made hazards or nuisances,
including severe soil contamination, airport noise
or hazards, traffic noise or hazards, odors or
incompatible neighboring uses.
11.3 Suitability The City will continue to ensure the ability of
legal, non-conforming uses to continue where
new development is proposed.
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 4, 2020
Michael Codron, Director
Community Development
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401-3218
Dear Michael Codron:
RE: City of San Luis Obispo’s 6th Cycle (2020-2028) Draft Housing Element
Thank you for submitting the City of San Luis Obispo’s (City) draft housing element
received for review on July 7, 2020, along with revisions received on August 21, 2020.
Pursuant to Government Code section 65585, subdivision (b), the California
Department of Housing and Community Development (HCD) is reporting the results of
its review. Our review was facilitated by a telephone conversation on August 6, 2020
with Rachel Cohen, Associate Planner, and Tyler Corey, Principal Planner. In addition,
HCD considered comments from California Rural Legal Assistance pursuant to
Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
To remain on an eight-year planning cycle, the City must adopt its housing element
within 120 calendar days from the statutory due date of December 31, 2020 for San
Luis Obispo Council of Governments (SLOCOG) localities. If adopted after this date,
Government Code section 65588, subdivision (e)(4) requires the housing element be
revised every four years until adopting at least two consecutive revisions by the
statutory deadline. For more information on housing element adoption requirements,
please visit HCD’s website at: http://www.hcd.ca.gov/community-development/housing-
element/housing-element-memos/docs/sb375_final100413.pdf
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate.
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Michael Codron, Director
Page 2
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities program; SB 2 Planning Grants as
well as ongoing SB 2 funding (Permanent Local Housing Allocation) consider housing
element compliance and/or annual reporting requirements pursuant to Government
Code section 65400. With a compliant housing element, the City meets housing
element requirements for these and other funding sources.
HCD appreciates the cooperation Rachel Cohen and Tyler Corey provided during the
course of our review. We are committed to assisting the City in addressing all statutory
requirements of State Housing Element Law. If you have any questions or need
additional technical assistance, please contact Shawn Danino, of our staff, at
shawn.danino@hcd.ca.gov.
Sincerely,
Megan Kirkeby
Deputy Director
Enclosure
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APPENDIX
CITY OF SAN LUIS OBISPO
The following changes would bring the City’s housing element into compliance with Article 10.6 of
the Government Code. Accompanying each recommended change, we cite the supporting
section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance
tool, Building Blocks for Effective Housing Elements (Building Blocks), available at
http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the
Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding,
and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
The element relies upon American Community Survey data to evaluate the condition of
the housing stock (page A-15 thru A-16). However, the element must include analysis of
the condition of the existing housing stock based upon a local estimate. For example,
the analysis could include estimates from a recent windshield survey or sampling,
estimates from the code enforcement agency, or information from knowledgeable
builders/developers, including non-profit housing developers or organizations. Further,
the analysis could collect information on unit type (single family, multifamily,
mobilehomes) to better guide policies and programs. For additional information, see the
Building Blocks at http://www.hcd.ca.gov/community-development/building-
blocks/housing-needs/housing-stock-characteristics.shtml.
2. An inventory of land suitable and available for residential development, including
vacant sites and sites having realistic and demonstrated potential for redevelopment
during the planning period to meet the locality’s housing need for a designated income
level, and an analysis of the relationship of zoning and public facilities and services to
these sites. (Gov. Code, § 65583, subd. (a)(3).)
The City has a regional housing need allocation (RHNA) of 3,354 housing units, of
which 1,345 are for lower-income households. To address this need, the element relies
on permitted and entitled projects, accessory dwelling units (ADUs), vacant and
nonvacant sites, sites with existing historic structures, and specific plan areas. To
demonstrate the adequacy of these sites and strategies to accommodate the City’s
RHNA, the element must include complete analyses, as follows:
Progress in Meeting the RHNA: The element indicates (page D-9) that 47 units
affordable to very low-income households, 49 units affordable to low-income
household, and 27 units affordable to moderate-income households have been built,
permitted or entitled. The element must also demonstrate affordability based on actual
or anticipated sales price or rent level of the units or other mechanisms ensuring
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assumed affordability levels (e.g., financing, inclusionary requirements). Given the
City’s growth management and phasing requirements, the element must also
demonstrate their availability in the planning period. For additional information, see the
Building Blocks at http://www.hcd.ca.gov/community-development/building-
blocks/housing-needs/projected-housing-needs.shtml.
Sites Inventory: The element appears to describe sites outside city limits. If utilizing
sites outside city limits toward the regional housing need allocation, the element must:
(1) identify and analyze the sites pursuant to statutory requirements,
(2) demonstrate suitability and availability for development in the planning period
including a schedule of anticipated milestones for annexation and accounting for
any phasing requirements, and
(3) add policies and programs with a schedule of actions to make the sites available for
development in the planning period, including alternative measures with specified
completion dates if the sites are not made available with zoning early in the
planning period.
Previously Identified Nonvacant and Vacant Sites: If nonvacant sites were identified in
a prior adopted housing element or vacant sites were identified in two or more
consecutive planning periods, the sites are inadequate to accommodate housing for
lower-income households unless:
x The site’s current zoning is appropriate for the development of housing
affordable to lower-income households by either including analysis or meeting
the appropriate density. See Government Code section 65583.2, subdivision
(c)(3), and
x The site is subject to a housing element program that requires rezoning within
three years of the beginning of the planning period to allow residential use by
right for housing developments in which at least 20 percent of the units are
affordable to lower-income households (Gov. Code, § 65583.2, subd. (c).).
The element should identify which sites, if any, have been identified in multiple
planning period and include the applicable program.
Suitability of Non-Vacant Sites: The element must describe the methodology used to
determine the additional development potential within the planning period. The
methodology must consider factors including the extent to which existing uses may
impede additional residential development, development trends, market conditions,
and regulatory or other incentives or standards to encourage additional residential
development on these sites. (Gov. Code, § 65583.2, subd. (g).) For sites with
residential uses, the inventory could also describe structural conditions or other
circumstances and trends demonstrating the redevelopment potential to more intense
residential uses. For nonresidential sites, the inventory could also describe whether the
use is operating, marginal or discontinued, and the condition of the structure or could
describe any expressed interest in redevelopment. The site inventory identifies multiple
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sites that include “contributing historic structures” or “historic structures”. The element
should analyze the effect of historic structures on the ability to redevelop sites. For
example, the element should describe additional restrictions, costs, and processes
affiliated with redevelopment on these sites. Also, the element utilizes various factors
to indicate potential for redevelopment but must also support these assumptions with
analysis and development trends. For example, the element appears to assume
existing lot coverages to indicate potential for redevelopment but should also support
these assumptions with analysis and development trends. For additional information
and sample analysis, see the Building Blocks at: http://www.hcd.ca.gov/community-
development/building-blocks/site-inventory-analysis/analysis-of-sites-and-
zoning.shtml#analysis
Specific Plans: The housing element relies upon sites within specific plan areas to
accommodate the City’s regional housing need for lower-income households. The
element should analyze the specific plan areas for their suitability and availability for
development in the planning period. The analysis must at least describe each overall
plan, impacts of phasing on availability for development in the planning, the timing for
overall buildout, and any affordability requirements.
Emergency Shelters: The element describes the Public Facilities zone as accommodating
emergency shelters without discretionary action. However, the element must analyze the
zone for its capacity (acreage, average lot size, vacant, non-vacant) and suitability
(proximity to transit and services and other uses allowed in the zone) to accommodate
emergency shelters. For more information, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/site-inventory-
analysis/zoning-for-variety-housing-types.shtml and HCD’s SB 2 memo at
http://www.hcd.ca.gov/community-development/housing-element/housing-element-
memos/docs/sb2_memo050708.pdf.
3. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities
as identified in the analysis pursuant to paragraph (7), including land use controls,
building codes and their enforcement, site improvements, fees and other exactions
required of developers, and local processing and permit procedures. The analysis shall
also demonstrate local efforts to remove governmental constraints that hinder the
locality from meeting its share of the regional housing need in accordance with
Government Code section 65584 and from meeting the need for housing for persons
with disabilities, supportive housing, transitional housing, and emergency shelters
identified pursuant to paragraph (7). Transitional housing and supportive housing shall
be considered a residential use of property and shall be subject only to those
restrictions that apply to other residential dwellings of the same type in the same zone.
(Gov. Code, § 65583, subd. (a)(5).)
Fees and Exaction: The element must describe all required fees for single family and
multifamily housing development, including impact fees, and analyze their impact as
potential constraints on housing supply and affordability. For example, the analysis
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could identify the total amount of fees and their proportion to the development costs for
both single family and multifamily housing. For additional information and a sample
analysis and tables, see the Building Blocks at http://www.hcd.ca.gov/community-
development/building-blocks/constraints/fees-and-exactions.shtml.
Architectural Review: The element must describe and analyze the architectural review
process, including approval procedures and decision-making criteria, for their impact
as potential constraints on housing supply and affordability. The element describes
three levels of review. The element should analyze each level separately for its impacts
on housing development. For example, the analysis could describe required findings
and discuss whether objective standards and guidelines improve development
certainty and mitigate cost impacts. The element must demonstrate this process is not
a constraint or it must include a program to address this permitting requirement, as
appropriate. Also, under specified conditions, any subjective design standards are
suspended pursuant to Government Code section 66300 (see below). The element
should evaluate consistency with these requirements and include actions as
appropriate. For additional information and sample analysis, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/constraints/processing-
permitting-procedures.shtml.
Growth Caps: The element notes “the City’s housing supply shall grow no faster than
one percent per year.” The Housing Crisis Act of 2019 (SB 330, 2019) was signed by
Governor Newsom on October 9, 2019 and became effective on January 1, 2020. The
Housing Crisis Act (Gov. Code, § 66300) generally prohibits a locality from enacting a
development policy, standard or condition that reduces intensity, imposes moratoriums,
enforces subjective design standards or implements any provision that limits approvals
or caps population. These provisions remain in effect until January 1, 2025.
Specifically, Government Code section 66300, subdivision (b)(1)(D), with limited
exception not applicable here, does not allow affected jurisdictions to adopt new or
enforce existing limits on the number of land-use approvals or permits. The City should
evaluate consistency with these requirements and if necessary, immediately void or
suspend the annual growth cap.
4. Analyze any special housing needs such as elderly; persons with disabilities, including
a developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code, §
65583, subd. (a)(7).)
The element notes only 1.1 percent of the labor force in agriculture and other industries
and therefore the housing needs of farmworkers are not critical. However, the element
also notes close to 10,000 farmworkers in the County and appears to constrain
housing for farmworkers through local preference policies (Policy 10.2). As a result, the
element should acknowledge this significant need and include specific policies and
programs.
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B. Housing Programs
1. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need for
each income level that could not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with
the requirements of Government Code section 65584.09. Sites shall be identified as
needed to facilitate and encourage the development of a variety of types of housing for all
income levels, including multifamily rental housing, factory-built housing, mobilehomes,
housing for agricultural employees, supportive housing, single-room occupancy units,
emergency shelters, and transitional housing.
(Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A-2, the element does not include a complete site analysis,
therefore, the adequacy of sites and zoning were not established. Based on the results
of a complete sites inventory and analysis, the City may need to add or revise
programs to address a shortfall of sites or zoning available to encourage a variety of
housing types. In addition, the element should be revised as follows:
Replacement Housing Requirements: The housing element must include a program to
provide replacement housing. Non-vacant sites identified in the sites inventory with
existing, vacated, or demolished residential uses and occupied by, or subject to an
affordability requirement for, lower-income households within the last five years,
require a replacement housing program for units affordable to lower-income
households (Gov. Code, § 65583.2, subd. (g)(3)). Absent a replacement housing
program, these sites are not adequate sites to accommodate lower-income
households. The replacement housing program must adhere to the same requirements
as set forth in Government Code section 65915, subdivision (c)(3).
Sites Identified in Multiple Planning Periods: The element must include a program for
vacant sites identified in two of more consecutive planning periods’ housing elements
or non-vacant sites identified in a prior housing element, that are currently identified to
accommodate housing for lower-income households. The program must be
implemented within the first three years of the planning period and commit to zone for
the following:
x sites must meet the density requirements for housing for lower income
households, and
x allow by-right approval for housing developments that include 20 percent or
more of its units affordable to lower income households (Gov. Code, § 65583.2,
subd. (c).).
Program 4.5: The City’s strategy to accommodate lower-income RHNA relies heavily
on mixed-use sites. Program 4.5 should be revised to quantify the number of mixed-
use projects the City hopes to incentivize through program actions and expedite project
reviews.
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Program 8.18 (zoning for a variety of housing types): The program proposes to amend
zoning “if necessary” to facilitate a variety of housing types. However, based on
analysis in the element, these zoning amendments are necessary, and the conditional
language should be removed from the program.
2. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with
disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding A-3 the element requires a complete analysis of potential
governmental constraints. Depending upon the results of that analysis, the City may
need to revise or add programs and address and remove or mitigate any identified
constraints. In addition:
Program 2.6: Program 2.6 commits to reviewing policies and standards annually to
identify potential constraints to the development and preservation of affordable
housing. The program should be revised to include a commitment for mitigation and/or
removal of identified constraints within a specific timeframe when constraints are
identified.
Program 6.13: Program 6.13 commits the City to general plan amendments and
rezoning as projects are proposed on 12 specific sites. However, the program limits
actions to accommodate only two rezones per year. Limiting the number of rezones
and placing the burden on applicants is a constraint that must be addressed. The
program must be revised to eliminate any annual caps on rezoning and should not
rezone only when a project is proposed.
Program 8.23: Program 8.23 should be revised to clarify compliance with the Employee
Housing Act, Health and Safety Code sections 17021.5 and 17021.6. For example,
local zoning should allow single family uses for six or fewer employees in all zones
allowing single family uses, not limited to zones allowing High Occupancy Residential
Uses.
Policy 10.2: Policy 10.2 indicates the City’s interest in giving preference to individuals
employed in the geographic area, individuals residing in the County, and lastly,
individuals from outside of the County. This policy potentially erects barriers and
prevents access to housing opportunities, particularly to individuals from outside of the
City, and should be removed.
Program 10.4: Program 10.4 commits the City to work with developers to include
restrictions in Covenant Codes and Restriction’s requiring for-sale properties to be
restricted to owner-occupants for the first 5 years after sale. Given the shortage of
housing for students and other special-needs groups. The element should include
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September 4, 2020
analysis describing why the actions are needed. In addition, the program should
commit to monitoring its impacts as a constraint on the availability of housing in the
City. If a constraint is identified, the program should also commit to mitigating the
constraint by a specific date.
3. The housing element shall include programs to conserve and improve the condition of
the existing affordable housing stock. (Gov. Code, § 65583, subd. (c)(4).)
As noted in Finding A-1 the element requires a complete analysis of housing
conditions. Depending upon the results of that analysis, the City may need to revise or
add programs to address identified needs. In addition:
Program 1.5: Program 1.5 commits to improving “at least one” unsafe, unsanitary or
illegal housing condition, barrier to accessibility, energy efficiency, or unsafe
neighborhood annually. Given the severity of need in the City, the program should be
revised to commit greater assistance to households and could target some of its
funding toward lower-income households.
Program 1.6: Program 1.6 commits to code enforcement actions to expedite the
removal of illegal or unsafe dwellings, to eliminate hazardous site or property
conditions, and to resolve chronic building safety problem. The program should be
revised to include enforcement officers provide a list of potential resources to
homeowners when violations are cited.
5. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and
other characteristics protected by the California Fair Employment and Housing Act
(Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and
any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd.
(c)(5).)
Reasonable Accommodation: The element describes the City currently has a
procedure for requesting and granting a reasonable accommodation to zoning and land
use requirements for persons with disabilities. To affirmatively further fair housing, the
element could include a program to provide outreach and education on the availability
of the reasonable accommodation procedure. For additional information, see the
Building Blocks at http://www.hcd.ca.gov/community-development/building-
blocks/constraints/constraints-for-people-with-disabilities.shtml .
Fair Housing: The element must demonstrate how fair housing complaints are resolved
and how fair housing information is disseminated in a variety of locations throughout
the City or include a program to do so. For example, the program could:
x Contract with the Fair Housing Council to provide fair housing services to its
residents and property owners
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City of San Luis Obispo’s 6th Cycle (2020-2028) Draft Housing Element 8
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x Distribute educational materials to property owners, apartment managers, and
tenants every two years;
x Make public service announcements through different media (e.g., newspaper
ads and public service announcements at local radio and television channels) at
least two times a year; and
x Conduct public presentations with different community groups.
For additional information and a sample program, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/program-
requirements/equal-housing-opportunity.shtml .
Affirmatively Further Fair Housing: The element must include actions that promote and
affirmatively furthering fair housing opportunities. For example, the element could
include a program committing to implement Government Code section 8899.50(b)
which requires the City to administer its programs and activities relating to housing and
community development in a manner to affirmatively further fair housing and take no
action that is materially inconsistent with its obligation to affirmatively further fair
housing (Gov. Code, § 65583, subd. (c)(5).)
For your information pursuant to Government Code section 8899.50 “Affirmatively
furthering fair housing” means taking meaningful actions, in addition to combating
discrimination, that overcome patterns of segregation and foster inclusive communities
free from barriers that restrict access to opportunity based on protected characteristics.
Specifically, affirmatively furthering fair housing means taking meaningful actions that,
taken together, address significant disparities in housing needs and in access to
opportunity, replacing segregated living patterns with truly integrated and balanced living
patterns, transforming racially and ethnically concentrated areas of poverty into areas of
opportunity, and fostering and maintaining compliance with civil rights and fair housing
laws. The duty to affirmatively further fair housing extends to all public agency’s activities
and programs relating to housing and community development.”
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed,
rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)
(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by
income category that can be constructed, rehabilitated, and conserved over the planning
period. While the element includes objectives for new construction and units at-risk of
conversion to market rate uses, it must also include rehabilitation objectives and additional
conservation objectives (e.g. rental inspections, mobilehomes, replacement requirements).
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City of San Luis Obispo’s 6th Cycle (2020-2028) Draft Housing Element 9
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E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic
segments of the community in the development of the housing element, and the element
shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).)
While the element includes a general summary of the public participation process
(Appendix G), it must also demonstrate diligent efforts were made to involve all economic
segments of the community in the development of the housing element. The element
includes a list of stakeholders that were invited to participate in the housing element update.
However, the list did not demonstrate diligent effort to reach out to all economic segments of
the community. While the City engaged many organizations, it should also include groups
representing special-needs populations and consider and respond to comments received by
HCD. During the period between the date of this review letter and the adoption of the final
housing element, the City should continue its diligent public participation efforts to include all
economic segments of the community. The element should be updated to describe
additional efforts to circulate the revised housing element among low- and moderate-income
households and organizations that represent them and consider and respond to comments
received by HCD. In addition, the element should also summarize additional public
comments and describe how they were considered and incorporated into the element. For
additional information, see the Building Blocks at http://www.hcd.ca.gov/community-
development/building-blocks/getting-started/public-participation.shtml.
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO RESOLVE THAT THE CITY OF SAN LUIS
OBISPO COMMITS TO SAN LUIS OBISPO BEING A SAFE, INCLUSIVE
AND WELCOMING COMMUNITY FOR EVERYONE AND TO
FACILITATE VOLUNTARY CITIZEN ACTION TO REDACT OR
REPUDIATE RACIST AND DISCRIMINATORY VERBIAGE FROM
THEIR PROPERTY DEEDS
WHEREAS,the Declaration of Independence defined the United States of America as a
democracy based on the unalienable rights of life, liberty and the pursuit of happiness, and
government by the consent of the people; and the 14th Amendment instilled equality of the races
into the US Constitution; and
WHEREAS, the City of San Luis Obispo will steadfastly strive to ensure that they are not,
either consciously or unconsciously, engaging in any form of discrimination. This takes vigilance
and a willingness to monitor and review numerical data, policies, practices and decision-making
processes and organizational culture. It is not acceptable from a human rights perspective for an
organization to choose to remain unaware of discrimination or to fail to act when a problem comes
to its attention; and
WHEREAS, in alignment with the goal of creating a safe and welcoming community, the
City of San Luis Obispo values human rights, peace, respect, inclusivity and equity; and
WHEREAS, the City Council of San Luis Obispo, recognize and acknowledge, as
representatives of the City of San Luis Obispo, that various deeds throughout the City included a
common but morally repugnant clause excluding all non-white races from ownership of the
property covered by the deed; and
WHEREAS, in 1948, the U.S. Supreme Court ruled such restrictions were
unconstitutional, yet the restrictive language has regrettably been preserved due to the need to
maintain historical continuity of the records; and
WHEREAS, the City Council wants to proclaim for the public record that the City of San
Luis Obispo will not tolerate racial bias, and welcomes warmly and without reservation neighbors
of all races and ethnicities in our community.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1.The City Council is committed to San Luis Obispo being a welcoming,
inclusive, and safe community for everyone. While we promote free thought and speech, we
condemn racism and brutality, hate speech, bigotry, violence, and prejudice in any form.
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Resolution No. _____ (2020 Series) Page 2
R ______
SECTION 2.the City of San Luis Obispo wants to go on record that our City repudiates
historical racial restriction on ownership, and deeply regrets that it was once considered acceptable.
We also proclaim for the public record that the City of San Luis Obispo welcomes warmly and
without reservation neighbors of all races and ethnicities in our community.
SECTION 3.The City Council shall encourage and inform San Luis Obispo landowners
of the ability to redact illegal verbiage in existing property deeds, or to acknowledge the clause
excluding all non-white races from ownership of property and to repudiate the clause, stating that
we welcome with enthusiasm and without reservations neighbors of all races and ethnicities.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
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 16
Recording Requested By
When recorded mail document to
Above Space for Recorder’s Use Only
RESTRICTIVE COVENANT MODIFICATION
I (We) have an
ownership interest of record in the property located at ________________________________________ that is
covered by the document described below.
The following referenced document contains a restrictive covenant based on race, color, religion, sex, familial status,
marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry
that violates state and federal fair housing laws and that restriction is void. Pursuant to Section 12956.2 of the
Government Code, this document is being recorded solely for the purpose of eliminating that restrictive
covenant as shown on page(s)______________ of the document recorded on _______________ (date)
In book ____________ and page__________ , or Document No. __________________________ of the
Official records of the County of___________________________________________ , State of California.
The document referenced above was originally indexed in the following manner
and this document shall be indexed in like manner pursuant to Section 12956.2 (e).
The effective date of the terms and conditions of this modification document shall be the same as the
effective date of the original document referenced above.
Dated
Printed Name(s)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this
certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA }
COUNTY OF }
On before me, , a Notary Public,
personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/their/her authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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Item 16
Department Name: Community Development
Cost Center:4003
For Agenda of:November 17, 2020
Placement:Public Hearing
Estimated Time:60 minutes
FROM: Michael Codron, Community Development Director
Prepared By:John Rickenbach, Contract Planner
SUBJECT:SPECIFIC PLAN AMENDMENT AND VESTING TENTATIVE TRACT MAP
(VTTM 3142) FOR AN 11.44-ACRE NC-ZONED LOCATED IN THE SAN
LUIS RANCH SPECIFIC PLAN; 1035 MADONNA ROAD (SPEC-0172-2020;
SBDV-0173-2020)
RECOMMENDATION
As recommended by the Planning Commission, adopt a Resolution entitled “amending the San
Luis Ranch Specific Plan and approving a Vesting Tentative Tract Map (VTTM 3142) based on
findings and subject to conditions of approval.
REPORT-IN-BRIEF
The applicant, MI San Luis Ranch, LLC, has proposed a Specific Plan Amendment (SPA) and
Vesting Tentative Tract Map (VTTM 3142) that would facilitate future commercial and
residential development within an 11.44-acre portion of the Neighborhood Commercial (NC)
zone of the San Luis Ranch Specific Plan (SLRSP). The Planning Commission recommended
approval of the proposed project on September 23, 2020.
The SPA would allow for 64-77 affordable housing units to be built within the NC zone of the
SLRSP. 26 of the units within the project would replace the requirement for the same number of
deed-restricted units within VTTM 3150, the 296-unit multi-family component of the SLRSP
that was approved by the Planning Commission on March 11, 2020.
VTTM 3142 would implement the proposed SPA and provide a framework for future
development in that 11.44-acre area. It would subdivide Lot 7 (the commercially zoned land)
from VTTM 3096, which is the main subdivision that covers the entire Specific Plan area. The
Final Map for VTTM 3096 was approved in November 2018. The proposed VTTM would
establish 11 parcels ranging from 0.30 to 2.77 acres in size to accommodate development within
the NC-zoned area, with one lot being for the residences, and the other 10 for commercial uses
with up to 114,300 SF of commercial development. Future development on the lots to be created
in the NC zone within the VTTM will require a separate entitlement to permit the building
design and proposed uses. Application materials associated with these actions are included as
Attachment B.
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DISCUSSION
The following summarizes the proposed project:
Specific Plan Amendment:
1. Increase the number of allowed residential units in the SLRSP from 580 to 654. This
would allow for up to 77 affordable units within the NC area as part of a mixed use
development (it also acknowledges that the previously-approved NG-30 MFR project in
the SLRSP decreased its development potential from 299 to 296 units). Various
references and tables with the SP would be updated. The current SP does not consistently
acknowledge the requirement that the commercial development within the NC zone of
the SLRSP must provide 34 units of affordable housing, meaning the actual current
requirement is 580 + 34, or 614 total units. As described above, the affordable units in the
NC zone would also address the affordability requirement for 26 of the previously-
approved multi-family units in the NG-30 zone for a minimum of at least 60 affordable
housing units (approved March 11, 2020);
2. Update the Design Guidelines for the Neighborhood Commercial site to address a
potential horizontal and vertical mixed-use project;
3. Update the allowed level of commercial development to 139,300 SF (114,300 SF in the
NC area and 25,000 in the Ag Center area), a decrease from 150,000 SF;
4. Update the allowed level of office development to 97,000 SF, a decrease from 100,000
SF; and
5. Amend the Community Garden location from Lot 7 Tract 3096 as shown on page 3-20 of
SLRSP to the Farm on Lot 10 of Tract 3096; the Community Garden would be of equal
or greater size.
Vesting Tentative Tract Map 3142:
1. Subdivision of 11.44-acre Lot 7 of Tract 3096 into 11 parcels to accommodate a future
proposal for commercial-retail pads and horizontal mixed-use to include the affordable
housing site with parcels ranging in size from 0.30 acres to 2.77 acres;
2. Establish grading, drainage, utilities and storm water requirements for approximately
114,300 SF of retail and up to 77 Affordable housing units; and
3. Abandon and dedicate new right-of-way to conform with realignment of bus stop at
Dalidio Drive immediately adjacent to Lot 7 of Tract 3096.
Figure 1 shows the proposed lot boundaries within the VTTM. Although no Development Plan
is proposed at this time, the application includes an illustrative site plan (Figure 2) to help
visualize how the project could be implemented based on the boundaries of the proposed VTTM
and in the context of the Specific Plan Amendment. This figure is not a Development Plan but
may be useful to the Planning Commission as it conducts its review of the VTTM.
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Item 17
Figure 1:
VTTM
3142 –
Proposed Lot
Layout
Figure
2:
Illustr
ative
Site
Plan
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Item 17
Table 1 summarizes the key proposed project components, and a comparison to what is currently
allowed under the approved San Luis Ranch Specific Plan:
Table 1. Proposed Project Features and Consistency with Requirements
Site Details Proposed Existing SLRSP Requirement
Land Use Designation NC NC
Commercial SF 114,300 SF (in NC under the
amended SLRSP and VTTM)
25,000 SF (in AG under the SLRSP)
150,000 SF (LUE calls for a range of 50,000 to
200,000 SF)
Office SF 97,000 SF 100,000 SF (LUE calls for a range of 50,000 to
150,000 SF)
Residential Units 654 (77 within the NC zone) 580 (does not include 34 inclusionary units
required as part of NC development)
Environmental
Status
An Addendum was prepared to address potential changes associated with the
application and finds the SPA and VTTM is consistent with the certified Final EIR and
Supplemental Final EIR for San Luis Ranch Specific Plan.
Background
The intent of the specific plan amendment is to allow for additional affordable housing which
will range from 64-77 units within the NC-zoned area, and would increase the number of units
allowed within the entire Specific Plan area by 74 units overall, from 580 to 654. Under the
approved Specific Plan, the commercial development in the NC zone was required to either
develop or provide in lieu fees for 34 affordable housing units beyond the 580 units approved as
part of the Specific Plan.
On March 11, 2020, the Planning Commission approved a 296-unit multi-family residential
development within the NG-30 portion of the Specific Plan (Resolution PC-1006-20; Attachment
G), which included 26 deed-restricted units affordable to very-low income households. As part
of their approval, they supported the concept of transferring the affordability requirement of
those 26 units to a consolidated residential development in the NC zone, to combine with a
possible future mixed use development project in the NC zone that could also include the 34
units required as part of the commercial development, for a minimum of at least 60 affordable
housing units within the NC zone. If that occurred, those 26 units in the NG-30 zone would be
sold as market rate units. The proposed Specific Plan Amendment is intended to facilitate this
Planning Commission-supported concept.
As proposed, the project is expected to deliver at least four and potentially up to 17 additional
very-low income housing units. The reason for the range is that the buildings have not been
designed yet and will ultimately have to compete for tax credits to ensure that all of the funding
is available for construction. Currently, People’s Self-Help Housing Corporation (PSHHC) is the
intended developer of the affordable housing project.
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The VTTM would subdivide Lot 7 (the commercially zoned land) from VTTM 3096, the main
subdivision that covers the entire Specific Plan area. The Final Map for VTTM 3096 was approved
in November 2018. The proposed VTTM would establish 11 parcels ranging from 0.30 to 2.77
acres in order to accommodate development within the NC-zoned area, with one lot being for the
residences, and the other 10 for commercial uses up to 114,300 SF of commercial development.
Future development on the lots to be created in the NC zone within the VTTM will require a
separate entitlement.
In August 2020, an Addendum to the certified Final EIR for the SLRSP was prepared to evaluate
possible impacts associated with revised mitigation requirements that would result from a revised
development pattern as described above. The proposed action is consistent with the certified Final
EIR and certified Supplemental Final EIR for San Luis Ranch Specific Plan, when considered in
conjunction with that Addendum. (Attachment D).
Previous Council or Advisory Body Action
The City Council approved the San Luis Ranch Specific Plan in July 2017, which formed the basis
for various subsequent applications within the Specific Plan area, including the one currently
proposed. On September 23, 2020, the Planning Commission recommended approval of the
proposed SPA and VTTM to the City Council (Attachment E, PC Resolution No. PC-10222020
and meeting minutes, Attachment F), with the following recommendations to be carried forward in
a future Development Plan application pursuant to an approved SPA and VTTM:
x Ensure that compatible design considerations are included for Lot 4 adjacent to the
affordable housing;
x Ensure the loading/unloading area doesn’t infringe on the residential parking area for the
affordable housing;
x Install a masonry wall instead of a wood fence and a 5 foot landscape buffer between the
parking lot for lot 11 and the adjacent single family (NC-23) housing area to the south;
x Consider adding a pedestrian crossing of Dalidio Drive mid-block between the traffic
circle and Madonna Road; and
x Bike parking for Lot 11 should include charging stations for e-bikes and parking for large
bikes, such as cargo bikes.
Related to the issue of affordable housing, the Planning Commission had previously reviewed and
approved the Development Plan for the Multi-Family (NG-30) site of the San Luis Ranch Specific
Plan (Attachment G, PC Resolution No. PC-1006-2020). In the review of the multi-family site, the
Commission supported the concept of moving the affordable units on the NG-30 site to a location
within the NC zone with the potential of a significant increase in the amount of affordable units.
Condition 15.B. in the Resolution states the following, which would support the project as
currently proposed in the NC zone:
“The Base Inclusionary Housing Requirement [for the NG-30 project] may be
modified by the Community Development Director in the event that an
application for an Affordable Housing Project on the NC portion of the San
Luis Ranch Specific Plan area is approved providing for at least the same
number (26) very low income affordable housing units currently proposed for
the multi-family site, in addition to the 34 very low income affordable housing
units already required on the NC site through previous project entitlements.”
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Item 17
This SPA and VTTM are consistent with and provide for implementation of the relocation and
increase in the number of affordable units. The Airport Land Use Commission (ALUC) reviewed
the project on October 21, 2020. The ALUC found that the project revisions would not change
the previous determination that the San Luis Ranch Specific Plan is consistent with the ALUP.
Policy Context
The proposed specific plan amendments and VTTM would further Housing Element goals by
providing a feasible affordable housing opportunity in a mixed-use project in proximity to
commercial development and nearby amenities. The attached Context Policy Analysis
(Attachment H) includes a detailed General Plan evaluation of the proposed amendments.
Subdivision Regulations
In addition to the Specific Plan Amendment, the project includes a subdivision. The applicant
has proposed a commercial common interest 11-lot subdivision with shared use of common
parking areas and access. The subdivision component of the project (proposed VTTM 3142)
requires a PC recommendation and final approval by the City Council. The VTTM provides for
11 lots total, with 10 commercial and 1 residential lot. The applicant’s illustrative site plan
(Figure 2 above and Attachment 3) depicts the anticipated development of the commercial
parcels and affordable housing development for the proposed horizontal mixed-use project. A
future development plan approval will be required to review proposed building designs and final
site plans for the residential lot and commercial development within the VTTM. Public Works
has provided conditions of approval for final map requirements on public and private easements
needed for access, parking, utilities, and drainage and final details that will be required at the
time of development plan review.
Subsequent ARC and PC Development Review Requirements
The SPA and VTTM would direct future development within the NC-zoned area. However, a
Development Plan with detailed information about building locations, circulation, parking,
landscaping, lighting, and building design would be required to implement that development.
Consistent with City requirements, the Development Plan application would be required to
undergo Major Project Review, which includes Architectural Review Commission review and
recommendation to the Planning Commission for final approval.
Public Engagement
As noted under “Previous Council or Advisory Body Action”, the SLRSP was approved by the
City Council in July 2017, and the Planning Commission recommended approval of the proposed
SPA and VTTM in September 2020. The Planning Commission and City Council hearings were
noticed in the newspaper and notification was provided by mail to all occupants and owners
within 300 feet of the project boundaries in accordance with City adopted procedures and the
Government Code.
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CONCURRENCE
The City’s review of the SPA and VTTM involved all City departments in the development
review process. Various conditions of approval from these departments were included in the
Resolution related to the VTTM, based on those conditions set forth in the Planning Commission
Resolution related to this action.
ENVIRONMENTAL REVIEW
The project, including the SPA, VTTM and development facilitated by those actions, is
consistent with the certified Final Environmental Impact Report (FEIR) for SLRSP (July 2017)
and Final Supplemental EIR (July 2018). In August 2020, an Addendum to the certified Final
EIR for the SLRSP was prepared to evaluate possible impacts associated with revised mitigation
requirements that would result from a revised development pattern as described above
(Attachment D). The Addendum was approved by the City Council on August 18, 2020, per
Resolution 11157, with appropriate CEQA Findings. The Addendum considered development
with up to 654 units within the Specific Plan (consistent with what is now proposed) and found
that impacts would not exceed those considered in the original certified Final EIR and
Supplemental Final EIR. All mitigation measures adopted as part of the SLRSP FEIR and
FSEIR that are applicable to the proposed project are carried forward and applied to the proposed
project to effectively mitigate the impacts that were previously identified. Minor modifications to
two transportation mitigation measures were included in the Addendum, which will not affect
any actions being considered in the SPA and VTTM.
FISCAL IMPACT
Budgeted: NA Budget Year: NA
Funding Identified: NA
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund n/a
State
Federal
Fees
Other:
Total NA
There will be no net fiscal impact related to approving the SPA and VTTM. A Development
Agreement that covers all development within the SLRSP was approved in 2018, and a
Community Facilities District (CFD) was subsequently approved by the City Council in order to
help facilitate the construction of required infrastructure as development occurs under the
SLRSP. The proposed VTTM is consistent with and implements a portion of the SLRSP and
Development Agreement. No previously unanticipated fiscal impacts would occur as a result of
this action.
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ALTERNATIVES
1.Approve the project.An action to introduce an Ordinance and adopt the Resolution as
proposed, or with modifications to findings or project conditions.
2.Continue project.An action to continue the items should include a detailed list of additional
information or analysis required.
3.Deny the project.An action denying the application should include findings that cite the
basis for denial and should reference inconsistency with the General Plan, SLRSP, Zoning
Regulations, Subdivision Regulations or other policy documents.
Attachments:
a - Draft resolution SPA and VTTM approval
b - Project Application Materials (including SPA and VTTM)
c - Applicant project statement
d - CEQA Addendum and City Council Resolution of August 18, 2020
e - PC Resolution - September 23, 2020
f - 9-23-2020 PC meeting minutes
g - Council Reading File - PC Resolution No. PC-1006-2020, March 11, 2020
h - Policy Context Analysis
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R _________
RESOLUTION NO. XXXXX (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT
FOR THE SAN LUIS RANCH SPECIFIC PLAN, IN ORDER TO ALLOW
UP TO 139,300 SF OF COMMERCIAL, 97,000 SF OF OFFICE, AND 654
RESIDENTIAL UNITS WITHIN THE PLAN AREA, AND TO UPDATE
OTHER ASPECTS OF THE SPECIFIC PLAN TO ACCOMMODATE THIS
DEVELOPMENT; APPROVAL OF VESTING TENTATIVE TRACT MAP
3142 WITHIN PREVIOUSLY APPROVED VESTING TENTATIVE
TRACT MAP 3096 TO CREATE 11 LOTS IN THE NC ZONE OF THE SAN
LUIS RANCH SPECIFIC PLAN, FOR THE COMMERCIAL, OFFICE,
AND RESIDENTIAL UNITS WITHIN THESE LOTS, AS ALLOWED
UNDER THE SPECIFIC PLAN AMENDMENT; AND A
DETERMINATION THAT THE PROJECT IS CONSISTENT WITH THE
CERTIFIED FINAL EIR AND FINAL SUPPLEMENTAL EIR FOR SAN
LUIS RANCH SPECIFIC PLAN WHEN CONSIDERED IN
CONJUNCTION WITH AN ADDENDUM APPROVED BY THE CITY
COUNCIL ON AUGUST 18, 2020; AS REPRESENTED IN THE AGENDA
REPORT AND ATTACHMENTS DATED NOVEMBER 17, 2020 (1035
MADONNA ROAD, SPEC-0172-2020; SBDV-0173-2020)
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a public
hearing on September 23, 2020, pursuant to a proceeding instituted under SPEC-0172-2020 and
SBDV-0173-2020, MI San Luis Ranch, LLC, applicant; and
WHEREAS,the Planning Commission of the City of San Luis Obispo recommended
approval of the Specific Plan Amendment as conditioned pursuant to said application; and
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearing
on November 17, 2020, pursuant to a proceeding instituted under SPEC-0172-2020 and SBDV-
0173-2020, MI San Luis Ranch, LLC, applicant;
WHEREAS,the City Council of the City of San Luis Obispo has duly considered all
evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing; and
WHEREAS,notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1.Findings. The City Council hereby approves the project (SPEC-0172-2020
and SBDV-0173-2020), based on the following findings:
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1. The proposed amendment to the San Luis Ranch Specific Plan (SLRSP) is consistent with
the intent of the General Plan because it will not result in additional impacts beyond those
anticipated in the 2014 Land Use and Circulation Elements (LUCE) Final EIR, and because
additional affordable housing allowed under the SPA would implement Housing Element
goals.
2. The Specific Plan Amendment (SPA) is intended to ensure internal consistency, to clarify
existing design guidelines, and to allow for more implementable mixed-use development
consistent with the intent of both the General Plan and originally adopted Specific Plan.
3. The SPA does not substantively change the policy framework or overall land use or
circulation pattern envisioned in the originally adopted Specific Plan.
4. The SPA would facilitate a Vesting Tentative Tract Map (VTTM)for horizontal mixed-
use development within the NC zone of the SLRSP, consistent with the SPA as amended.
5. The SPA would allow for more logical and implementable location for a future Community
Garden, which would now be located within the Agriculture (AG) zone of the SLRSP, in
conjunction with the Agricultural Heritage Center.
6. The proposed VTTM is consistent with the General Plan and SLRSP as amended because
the proposed subdivision implements goals for affordable housing, commercial and office
development in the plan area.
7. The site is physically suited for the type and density of development allowed in the NC
zone of the SLRSP, subject to approval of a future Development Plan for this area, subject
to architectural review and possible conditions of approval related to that Development
Plan; resulting development will be subject to consistency with the development standards
of the SLRSP, Community Design Guidelines, and Zoning Regulations.
8. The VTTM will not conflict with easements for access through (or use of property within)
the proposed subdivision since all parcels will have adequate access from Dalidio Drive as
proposed for extension through the SLRSP, and the underlying project where
condominium units will be created is consistent with the circulation pattern and planned
accessways as envisioned within the SLRSP of which this project is a component.
9. The SPA and VTTM are not likely to cause serious health problems, substantial
environmental damage, or substantially and unavoidably injure fish or wildlife or their
habitat because the subdivision would be sufficiently setback from creeks or other
potentially significant habitat areas for fish and wildlife, is surrounded by urban
development, and is planned for further urban development consistent with the approved
SLRSP and Final EIR, Final Supplemental EIR and Addendum for that project.
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SECTION 2.Environmental Review. The project is consistent with the certified Final
Environmental Impact Report (FEIR) for SLRSP under the California Environmental Quality Act
(CEQA) in conjunction with an Addendum prepared pursuant to CEQA Guidelines 15164, which
was approved through City Council Resolution 11157 on August 18, 2020. On July 18, 2017, the
City Council certified the FEIR for the SLRSP and approved the SLRSP through Council
Resolution 10822 (2017 Series). A Final Supplemental EIR to address modifications to the
phasing plan within the SLRSP was certified by the City Council on July 17, 2018, through Council
Resolution 10927 (2018 Series). All mitigation measures adopted as part of the SLRSP FEIR,
FSEIR and Addendum that are applicable to the proposed project are carried forward and applied
to the proposed project to effectively mitigate the impacts that were previously identified.
SECTION 3.Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may include
additional requirements applicable to the project. The Planning Commission hereby recommends
final approval to the City Council of the SPA and VTTM with the incorporation of the following
conditions:
Planning Division
1. The project shall comply with all mitigation measures and conditions applicable to the
project site, as established under City Council Resolutions No. 10822 (2017 Series), No.
10927 (2018 Series), and No. 11157 (2020 Series).
Engineering Division –Public Works/Community Development Department
2. Park improvement fees shall be paid at the time of map recordation unless otherwise
approved for deferral by the Community Development Director for some or all of the
proposed lots. If deferred to development, a separate Notice of Requirements may be
required.
3. The subdivision shall be recorded with a final map. The map preparation and
monumentation shall be in accordance with the City’s Subdivision Regulations,
Engineering Standards, and the Subdivision Map Act. The map shall use U.S. Customary
Units in accordance with the current City Engineering Standards. A separate application,
checklist, and final map review fee shall be paid at the time of final map processing.
4. The map for Tract 3096 shall be recorded prior to or concurrent with this Vesting Tentative
Map. All pertinent conditions and mitigation measures for Tract 3096 are applicable to this
map. The map and related improvement plans shall be in agreement with the parent Tract
3096 approvals or the Tract 3096 improvement plans, and construction shall be amended
to agree with the proposed development on this Lot 7.
5. The final map shall show and note all existing and proposed easements and offers of
dedication. The noted areas of additional right-of-way dedication and right-of-way
abandonment noted on VTM sheet C2 are supported and have been included in this VTM
processing. The extent and limits of the new offer(s) of dedication and abandonments shall
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be confirmed with the approved subdivision improvement plans for Tract 3096 and/or any
as-built construction. The developer shall confirm to the satisfaction of all potentially
affected utility companies that all wire utilities and appurtenances are not located within
the former PUE to be adjusted.
6. The final map shall show and note all public and private easements including but not
limited to those needed for access, parking, utilities, drainage, and yards. Said easement
may be provided in part or in total as blanket easements.
7.An easement agreement, CCR’s, or other document shall be approved to the satisfaction of
the City to cover the use and maintenance of the several easements and related
improvements.
8. The development plans shall show and note compliance with the City Standards, Design
Guidelines, and policies in effect at the time of development plan submittal.
9. The development plans and supporting documents shall show and note compliance with
the City’s Drainage Design Manual, Post Construction Stormwater Regulations, and the
master drainage report for Tract 3096.
10. A drainage facility Operation and Maintenance Manual will be required with development
plan submittals. A recorded agreement referencing the maintenance and reporting
requirements will be required in conjunction with the building permit submittal(s).
11. The development plan shall show the minimum width for the multi-use path/pedestrian and
bicycle easement and proposed improvement. The plans shall show and note compliance
with City and Bike Plan Standards unless a reduced width is specifically approved by the
City. If a minimum width of 8’ is supported, the plans shall show and label the required 2’
shoulder on either side of the path. The map shall amend all easements, plans, and sections
accordingly. The final bike route, corner radii, width, lighting, signing and striping, etc.
shall be approved to the satisfaction of the Transportation Division.
12. The development plans shall include all existing and proposed site sections to include all
pertinent detail within the noted section. Additional sections may be needed for clarity or
to provide better detail on the interface with the existing and proposed Tract 3096
improvements. The sections shall be expanded to include the proposed/approved right-of-
way improvements in both Section A and Section B. Include all drive aisles, landscape
areas, and sound walls or fences accordingly. The grades beyond the section lines shall
generally represent the approved grades in accordance the PIP’s for Tract 3096. Show and
label the tract boundary on the sections.
13. The development plans shall include a more comprehensive landscape plan. The plan shall
include additional information and clarification on the depth of cover over the detention
system for the proposed parking lot planters. Plant and tree selections shall honor the
available planting zone above the detention structure.
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14. The final map submittal and development plans shall include an exhibit to show
compliance with the California Building Code for building setbacks, eave overhangs,
exterior wall protection, opening protection or limitations, and required exit paths/yards to
the satisfaction of the Building Official/Fire Marshal.
15. The development plans shall show the proposed parking lot dimensions, driveway
approach widths, bay and parking space dimension, loading/unloading zones, and truck
circulation in accordance with the Parking and Driveway Standards.
16. The proposed solid waste management plan, strategy, placement, and volumes shall be
acceptable to the Utilities Department and San Luis Garbage Company. The final site plan
improvements and circulation aisles shall show conformance with the approved solid waste
management strategy.
17. Separate utilities are required to each lot in accordance with the subdivision regulations
unless specifically approved for deferral to development. If approved for deferral, a
separate Notice of Requirements may be required in conjunction with the map recordation.
18. The development plans shall evaluate the existing and proposed public and private fire
hydrant spacing and locations that serve the project. The location of the existing or
additional public hydrants and the location of the private on-site hydrants shall be approved
to the satisfaction of the Fire Department.
Transportation
19. The development plans shall identify short-term and long-term bicycle parking consistent
with City Zoning Regulations, City Engineering Standards, and the San Luis Ranch
Specific Plan. Short-term bicycle parking shall use “Peak Style” racks unless otherwise
approved by the Public Works Department.
20. The development plans shall identify pedestrian connectivity between the on-side
pedestrian walkways and the sidewalks along the Dalidio Road and Froom Ranch Way
frontages to the satisfaction of the Public Works Director.
21. Prior to recordation of the Final Map for Tract 3142, the Project Applicant shall submit
public improvement plans to establish the proposed pedestrian/bicycle pathway connection
between Tract 3142 and the adjacent residential street (Homestead Place). This connection
must be completed prior to issuance of any occupancy permits for development within
Tract 3142.
Utilities Department
22. The construction plans for sewer and water services shall be in accordance with the
engineering design standards in effect at the time the building permit is approved.
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23. Any sewer lateral that crosses one proposed parcel for the benefit of another shall provide
evidence that a private utility easement appropriate for those facilities has been recorded
prior to issuance of a Building Permit.
24. Calculations for the proposed sewer generations based on Section 7 of the City’s 2018
Engineering Design Standards shall be included in the building permit submittal.
25. The proposed gravity sewer system shall use HDPE pipe, or an approved equal, that meets
or exceeds the performance needed to eliminate groundwater infiltration and root intrusion.
26. If commercial uses in the project include food preparation, provisions for grease
interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall
be provided with the design. These types of facilities shall also provide an area inside to
wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary
sewer.
27. A separate water meter shall be provided for each new parcel per Chapter 13.04.120 of the
City’s Municipal Code. The City’s water meters must be placed per the Engineering
Standards and the water service lateral feeding the meter shall be perpendicular to the
City’s main.
28.The project’s commercial and residential uses shall be metered separately. All residential
units are to be individually metered. Privately owned sub-meters may be provided for
residential apartments upon approval of the Utilities Director. The CCR’s for the
property/homeowner association shall require that the sub-meters be read by the
association (or P/HOA contracted service) and each apartment billed according to water
use.
29. Building permit submittal shall clarify size of existing and proposed water services and
water meters for the project, including both potable and recycled water.
30. Water service meter(s) shall be adequately sized to serve the project’s proposed units.
Residential units shall be separately metered from the non-residential/commercial units,
and service lines shall adhere to the provisions of MC 13.04.120.
31. Non-potable water shall be used for major construction activities, such as grading and dust
control as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s
Municipal Code.
32. Water service laterals shall have backflow prevention per City Standards since recycled
water use is proposed on site.
33.The project is within the recycled water service area and shall include a “purple pipe”
irrigation system, and backflow preventer consistent with the Engineering Design
Standards.
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34. Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions.
35. Each trash enclosure shall include space for the three waste streams: trash, recycling, and
organics.
36. A letter of agreement for shared trash collection services shall be provided identifying how
each parcel will be served.
37. Commercial and residential refuse services shall be separate unless a letter of agreement
between the tenants and a Conditional Exception Application from the City’s Development
Standards for Solid Waste Services are provided to the City with the building permit
submittal.
38. The project will be required to provide a plan for the disposal, storage, and collection of
solid waste material for both the residential and commercial components of the project.
The development of the plan shall be coordinated with San Luis Garbage Company. The
plan must be submitted for approval by the City's Solid Waste Coordinator.
Fire Department
39. All access roads less than 36 feet in width shall have restricted parking and posted as fire
lanes. One side only where 28-36 feet in width, both sides where less than 28 feet.
40. City standard fire hydrants shall be installed, spaced so as not to exceed 300 feet to any
exterior wall in the development.
Indemnification
41. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
(“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and the City shall fully cooperate
in the defense against an Indemnified Claim.
Upon motion of Councilmember _________, seconded by Councilmember ___________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
RECUSED:
The foregoing resolution was adopted this 17th day of November 2020.
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____________________________________
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, on this ________________ day of ____________________, 2020.
____________________________________
Teresa Purrington
City Clerk
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SAN LUIS RANCH RETAIL DEVELOPMENTILLUSTRATIVE SITE PLAN# 1046-09-CO19JULY 1, 20201” = 40’-0” (24X36 SHEET)02040 801” = 80’-0” (12X18 SHEET)LOT 10COMMERCIAL0.61 ACRES LOT 9COMMERCIAL 1.27 ACRESLOT 8COMMERCIAL0.41 ACRES LOT 4COMMERCIAL1.67 ACRES LOT 1COMMERCIAL 2.77 ACRESLOT 2COMMERCIAL0.98 ACRES LOT 3COMM.0.49 ACRES LOT 7COMMERCIAL0.3 ACRESLOT 6COMMERCIAL0.32 ACRES LOT 5COMM.0.72 ACRESLOT 11AFFORDABLE HOUSING1.88 ACRES AFFORDABLE HOUSING AFFORDABLE HOUSING PARKING SECURE PARKING GATESECUREPARKING GATEAFFORDABLE HOUSING PARKING DRAINAGE EASMENTSINGLE FAMILY RESIDENTIAL LOTSTO HWY 101 OVERPASS CONNECTIONOPEN SPACESINGLE FAMILY RESIDENTIAL LOTSALUC NO BUILD ZONERESIDENTIAL ENTRY MONUMENT LOCATIONS.BICYCLE/PEDESTRIAN CONNECTIVITY TO NEIGHBORHOOD.CLASS 1 PATH.BICYCLE PATHPEDESTRIAN PATH.VIGNETTE VIEW LOCATION.PUBLIC TRANSIT STOP.SOLID FENCE - PROVIDES PRIVACY AND VISUAL SCREENING AT PROPERTY LINES BETWEEN RESIDENTIAL TYPES.MASONRY WALL - PROVIDES PRIVACY AND BOTH NOISE AND VISUAL SCREENING AT PROPERTY LINES BETWEEN COMMERCIAL AND RESIDENTIAL ZONESSHORT TERM BICYCLE PARKINGLEGENDBUILDING STATISTICSSITE AREA:11.44 ACRES (498,408 SF)MAX ALLOWED LOT COVERAGE:80% = 9.16 ACRES (399,010 SF)PROPOSED LOT COVERAGE:79.63% = 9.11 ACRES (8.49 ACRES = 369,881 SF IMPERVIOUS + 0.62 ACRES = 26,931 SF PERVIOUS)MIN LANDSCAPE/PLAZA COVERAGE:20% = 2.29 ACRES (99,752 SF)PROPOSED LANDSCAPE COVERAGE:20.37% = 2.33 ACRES (101,596 SF) > 2.29 ACRESCOMMERCIAL(RED):114,300 SFAFFORDABLE HOUSING (YELLOW):60-77 AFFORDABLE HOUSING UNITS27,000 SF FOOTPRINT - 3 STORY BLDG.7,700 SF OPEN SPACE (100 SF PER UNIT)COMMERCIAL PARKING:REQUIRED: 114,300/500 = 229 SPACESSEVEN SPACES SHALL BE ADA COMPLIANTBICYCLE PARKING REQ’D: 229*20% = 46 REQUIRED(35 SHORT TERM, 11 LONG TERM)PROVIDED:370 SPACES AND 8 ACCESSIBLE SPACES - 2 VAN (301+ SPACES = 8 REQ’D)BICYCLE PARKING (370*20%)*75% = 74 (60 SHORT TERM SPACES PROVIDED -14 LONG TERM SPACES INSIDE BUILDINGS - TENANT PROVIDES)AFFORDABLE HOUSING PARKING:1.0 PER UNIT REQUIRED: 77*1.0 = 77 SPACES +2 MANAGERIAL(DARKER GREY ON SITE PLAN) PROVIDED: 90 SPACES > 79 SPACES4 ACCESSIBLE SPACES- 1 VANREQUIRED BUILDING HEIGHT:MINIMUM 20’, MAXIMUM 50 FT.PROPOSED BUILDING HEIGHT:NO CHANGEREQUIRED SETBACKS:(NO PROPOSED CHANGE)MINIMUM COMMERCIAL LANDSCAPE BUFFER:5’ STREET FRONT0’ SIDE INTERIOR LOT0’ STREET SIDE CORNER LOT15’ PARKING10’ REAR6’ LANDSCAPE BUFFER FROM PUBLIC STREET (FROOM RANCH WAY & DALIDIO)AND 10’ ADJACENT TO RESIDENTIALPROVIDED LANDSCAPE BUFFER:15’ LANDSCAPE BUFFER FROM PUBLIC STREET (FROOM RANCH WAY & DALIDIO) AND ADJACENT TO RESIDENTIAL50’-0”50’-0”
LANDSCAPE BUFFER
EXISTING P.U.E. SETBACK
10-0”
15’-0”PED/BICYCLEPATHA2A17,700 SF OPEN SPACEPED/BICYCLEPATHPED/BICYCLEPATHCLASS 1 PATHCLASS 1 PATHCLASS 1 PATHCLASS 1 PATHDRAINAGE EASMENT
BIKE PATHPacket Page 317Item 17
SAN LUIS RANCH COMMERCIAL# 1046-09-CO19JULY 1, 2020MIXED USE/AFFORDABLE & PASEO VIGNETTTEPacket Page 318Item 17
SAN LUIS RANCH COMMERCIAL# 1046-09-CO19JULY 1, 2020AFFORDABLE RESIDENTIAL ENTRY MONUMENT & WAYFINDINGPacket Page 319Item 17
SAN LUIS RANCH COMMERCIAL# 1046-09-CO19JULY 1, 2020MIXED USE AND COMMERCIAL PLAZA VIGNETTEPacket Page 320Item 17
COMMERCIAL/RESIDENTIAL BUFFER6’10’ YARDSETBACKLANDSCAPEBUFFERSIDEWALKPARKINGPARKINGTRAVEL LANESPARKING AND COMMERCIAL VEHICLE ACCESSCOMMERCIAL VEHICLE ACCESSCOMMERCIAL BUILDINGSINGLE FAMILY HOME BUILDING ENVELOPESINGLE FAMILY HOME60’6’7’20’7’34’10’ 15’10’10’SETBACK10’34’10’ 15’LANDSCAPE BUFFER10’ YARD SETBACKSIDEWALK5’ HIGH VERTICAL MASONRY WALL FOR PRIVACY, VISUAL/NOISE SCREENING AT PROPERTY LINESSAN LUIS RANCH June 22, 2020Scale: 1/8” = 1’-0”(on 11x17 sheet)02486’6’10’ MIN10’ MINPacket Page 321Item 17
SFR AND MFR BUFFER6’10’ YARDSETBACKSIDEWALKPARKINGLANDSCAPEBUFFERPARKINGTRAVEL LANESTRAVEL LANESSIDEWALKPARKINGPARKING5’ HIGH VERTICAL FENCE FOR VISUAL SCREENING AND PRIVACY AT PROPERTY LINESPARKINGMULTI-FAMILYBUILDINGSINGLE FAMILY HOME BUILDING ENVELOPESINGLE FAMILY HOME60’6’7’20’7’6’10’ 60’10’10’SETBACK10’6’10’LANDSCAPE10’ YARD SETBACKSIDEWALK6’SAN LUIS RANCH June 22, 2020Scale: 1/8” = 1’-0”(on 11x17 sheet)02486’Packet Page 322Item 17
SAN LUIS RANCH June 22, 2020A30248Scale: 1” = 20’(on 11x17 sheet)MULTI-USE PATH - RETAIL SITEMULTI-USE PATH - @HARVEST WAY CONNECTION MULTI-USE PATH - @REAR RESIDENTIAL LOT18’ DEEP PARKING STALLS WITH PERVIOUS PAVERS18’ DEEP PARKING STALLS WITH PERVIOUS PAVERS24’ WIDE DRIVE AISLE24’ WIDE DRIVE AISLE7’ WIDE PEDESTRIAN PATH7’ WIDE PEDESTRIAN PATH30’ LANDSCAPE BUFFER WITH 10’ WIDE MEANDERING MULTI-USE PATH WITH 2’ WIDE SHOULDERS ON EACH SIDE25’ LANDSCAPE BUFFER WITH 10’ WIDE MEANDERING MULTI-USE PATH WITH 2’ WIDE SHOULDERS ON EACH SIDE10’ 10’ 18’24’25’ 25’ 18’ 18’ 24’ 24’ PEDESTRIAN SIDEWALKHARVEST WAYRESIDENTIAL LOTRESIDENTIAL LOTRESIDENTIAL LOTBUFFERDRIVE AISLECROSSWALKTRUCK DOCKCOMMERCIAL BUILDINGCOMMERCIAL BUILDINGCOMMERCIAL BUILDING7’ 7’ 4’12’6’ HIGH MASONRY WALL BETWEEN COMMERCIAL AND RESIDENTIALPacket Page 323Item 17
SAN LUIS RANCH June 22, 2020A40248Scale: 1” = 20’(on 11x17 sheet)MULTI-USE PATH - RETAIL SITEMULTI-USE PATH - @COMM/RESIDENTIAL BUFFER MULTI-USE PATH - @OPEN SPACE CONNECTION20’ LANDSCAPE BUFFER WITH 10’ WIDE MEANDERING MULTI-USE PATH WITH 2’ WIDE SHOULDERS ON EACH SIDE10’ 10’27’ 20’ BUFFER AFFORDABLE RESIDENTIAL BUILDINGAFFORDABLE RESIDENTIAL BUILDINGCOMMERCIAL BUILDINGAFFORDABLE SECURE PARKINGSECURE GATEMULTI-USE PATH6’ HIGH SOLID FENCE BETWEEN OPEN SPACE AND RESIDENTIAL FOR PRIVACY SCREENINGOPEN SPACE MULTI-USE PATH - CONNECTION TO DALIDIO ROAD AND BUS STOPPacket Page 324Item 17
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April 9, 2020
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
RE: Overview for San Luis Ranch Lot 7 Retail/Mixed Use site
(Vesting Tentative Tract Map, Development Plan and Specific Plan Amendment)
San Luis Ranch is excited to present to the City of San Luis Obispo for review and approval the re-subdivision of the
11.44-acre Retail/Mixed use site at San Luis Ranch. Our proposal includes the creation of 11 parcels for horizontal
mixed-use development, with approximately 114, 300 square feet of retail space and 60 affordable units with the ability
to add an additional 17 affordable units.
This project fulfills the City goals and San Luis Ranch’s approvals by:
1. Building more affordable units that is required by the SLR Specific Plan.
2. We are teaming up with People’s Self Help Housing (PSHH) to build the 34 affordable units required by the
Commercial portion of San Luis Ranch and proposing to move the 26 affordable units required by the Multi-
family portion of San Luis Ranch to a combined 60 unit site as part of this application. We are also allowing the
number of affordable units to increase by up to 17 units, if funding sources can be secured. (The current
approval allows the project to pay a fee and not build the units per DA Section 7.05 and SLR SP Section 5.2.2).
3. Providing services and amenities not available in smaller or scattered affordable projects.
4. Building all the affordable units next to transit, services in a mixed-use setting.
5. Allowing the multi-family site to provide additional “affordable by design” micro units.
6. Building the balance of the site in retail uses of various sizes and locations to provide for a variety of services for
the community.
7. The project will meet ALUC requirements. (Please see attached analysis dated March 27, 2020.)
8. The traffic generated by this proposal, even with the addition of more affordable units is under the approved
traffic thresholds in the Certified EIR/SEIR.
9. The project does not cause any additional impact not reviewed in the Certified EIR/SEIR.
10. The project is in conformance with the current design guidelines and will allow for review of the buildings by the
ARC prior to building permit approval.
We have a contract with PSHH to build the affordable units, should the project be approved. With this integrated
project, PSHH is able to deliver to the community more essential affordable housing supportive services, such as
educational and wellness programming, individual and family counseling, and career and business guidance.
Sincerely,
Walter Heiberg; MI San Luis Ranch, LLC
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APPLICATION SUMMARY SAN LUIS RANCH
COMMERCIAL/MIXED USE VESTING TENTATIVE TRACT MAP #3142, DEVELOPMENT PLAN AND
SPECIFIC PLAN AMENDMENT APPLICATIONS
Overall Project Description
Vesting Tentative Tract Map 3142 with concurrent Development Plan and Specific Plan Amendment is
the subdivision of an 11.44-acre parcel into 11 parcels ranging in size from 0.30 acres to 2.77 acres to
establish the horizontal mixed-use development for a total of approximately 114,300 SF of retail and up
to 77 affordable housing units. Specific Plan Amendment application is the correction to the overall
density allowed in the SLR Specific Plan to 654 units.
The proposed VTTM#3142, Development Plan and Specific Plan Amendment applications are in
substantial conformance with EIR/SEIR on file, based upon the updated traffic analysis as provided with
application.
Vesting Tentative Tract Map application:
- Subdivision of Lot 7 Tract 3096, an 11.44-acre parcel into 11 parcels for horizontal mixed-use
ranging in size from 0.30 acres to 2.77 acres;
- Establish grading, drainage, utilities and storm water requirements for approximately
114,300 SF of retail and up to 77 Affordable housing building.
- Abandon and dedicate new right-of-way to conform with realignment of bus stop at Dalidio
Drive immediately adjacent to Lot 7 of Tract 3096;
Development Plan application:
- Refine further the Design Guidelines for the Retail site, establishing the horizontal and
vertical relationship between the retail and residential uses;
- Establish Affordable Housing allowed density to be a maximum of 77 units;
- Establish retail development of approximately 114,300 SF of space.
Specific Plan Amendment application:
- SLR SP Master Planned Community currently requires 580 residential units and 34
commercial affordable housing units for a total of 614 units.
- SLR SP Master Planned Community erroneously limited the allowed density to 614 units,
when per Section 17.140.040 and the currently required affordable housing mix allows for
up to 663 units in the SP Area at a 32.5% Density Bonus, rather than the 20% identified.
- Correct the allowed density in the SLR SP to 654 residential units to accommodate up to 77
affordable housing units on-site – including correction of various reference tables and
narrative language to correct overall allowed density.
- Our application is seeking an overall density correction of 654 units, consistent with ALUC
requirements.
- Amend Community Garden location from Lot 7 Tract 3096 as shown on page 3-20 of SLR SP
to the Farm on Lot 10 Tract 3096 – of equal or greater size.
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Allowed Density per Adopted San Luis Ranch Specific Plan
Use Land Use
Category
Market Rate
Density
Affordable
Density
Maximum
Density
RSF NG-10 194 4 198
RSF NG-23 79 4 83
MF NG-30 273 26 299
Retail NC 0 34 34
Total 546 68 614
Mix of Affordability
CURRENT
Affordable Income
Level
NG-10 NG-23 NG-30 NC Total
Moderate (80%-
120%)
4 0 0 4 8
Low (51%-80%) 0 4 0 4 8
Very Low (31%-50%) 0 0 26 26 52
Extremely Low (30%
and below)
0 0 0 0 0
Manager Unit 0 0 0 0 0
Total 4 4 26 34 68
Allowed Density Bonus Calculation per State Law and Section 17.140.040(E) –
CURRENT
Affordable
Income Level
Total
Affordable
Units
Provided
Percentage of
General Plan
Allowed
Density 500
Units
Percent
Density Bonus
17.140.040(E)
Density
Bonus
Calculation
(500 Units X
Percentage
Allowed)
Maximum
Units
Allowed in
SLR SP
Moderate 8 2% 0
Low 8 2% 0
Very
Low/Extremely
Low
52 10% 32.5% 163
68 663
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Proposed Maximum Density per San Luis Ranch Specific Plan Amendment
Use Land Use
Category
Market Rate
Density
Affordable
Density
Maximum
Density
RSF NG-10 194 4 198
RSF NG-23 79 4 83
MF NG-30 296 0 296
Retail NC 0 77 77
Total 569 85 654
Mix of Affordability
PROPOSED MINIMUM
Affordable
Income Level
NG-10 NG-23 NG-30 NC Total
Moderate 4 0 0 0 4
Low 0 4 0 7 11
Very
Low/Extremely
Low
0 0 0 52 52
Manager Unit 0 0 0 1 1
Total 4 4 0 60 68
Allowed Density Bonus Calculation per State Law and Section 17.140.040(E) –
PROPOSED
Affordable
Income Level
Total
Affordable
Units
Provided
Percentage of
General Plan
Allowed
Density 500
Units
Percent
Density Bonus
17.140.040(E)
Density
Bonus
Calculation
(500 Units X
Percentage
Allowed)
Maximum
Units
Allowed in
SLR SP
Moderate 4 1% 0
Low 11 4% 0
Very
Low/Extremely
Low
52 10% 32.5% 163
68 663
*NC Affordable Housing shows a minimum of 60 units. Breakdown provided is for purposes of
calculating Density Bonus based upon the minimum number of affordable income units proposed.
Actual number of NC affordable units will be between 60-77, with 100% of units available to low income
or below.
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City of San Luis Obispo General Plan Conformance Statement
The proposed design and uses associated with Tract 3142 carry out the existing policies of the City’s
adopted General Plan. The development intended with Tract 3142 fulfills the goals and policies of the
General Plan, particularly those pertaining to affordable housing.
“The City shall support the location of mixed-use projects and community and neighborhood commercial
centers near major activity nodes and transportation corridors/transit opportunities where appropriate. -
General Plan Policy 2.3.6
Tract 3142 locates additional affordable housing units immediately adjacent to commercial, service,
employment and transit uses.
“All land uses proposed shall be in keeping with safety parameters described in this General Plan or other
applicable regulations relative to the San Luis Obispo Regional Airport.” - General Plan Policy 8.1.4
The County Airport Land Use Commission unanimously found the San Luis Ranch Specific Plan to be in
conformance with the San Luis Obispo Airport Land Use Plan. Please see attached “Conformance of San
Luis Ranch Commercial/Mixed Use Proposal – Tract 3142/Specific Plan Amendment” for detailed analysis
of conformance with Airport Land Use Plan policies and conditions.
City of San Luis Obispo Housing Element Policies:
Policy 4.3. Extremely low- and very low-income housing, such as that developed by the Housing Authority
of the City of San Luis Obispo or other housing providers, may be located in any zone that allows housing,
and should be dispersed throughout the City rather than concentrated in one neighborhood or zone.
Policy 6.19. Continue to incentivize affordable housing development with density bonuses, parking
reductions and other development incentives, including City financial assistance.
Policy 7.2. Higher density housing should maintain high quality standards for unit design, privacy, security,
on-site amenities, and public and private open space. Such standards should be flexible enough to allow
innovative design solutions in special circumstances.
Affordable Housing for the San Luis Ranch Specific Plan Area, including Tract 3142, is consistent with the
Housing Element policies:
x The project is consistent by providing affordable development consistent with the San Luis Ranch
locational criteria in a newly developing neighborhood.
x A range of housing products from studio to three-bedroom units will be provided. The variety of
floor plans and sizes of units in the project will appeal to different ages and income levels.
x Affordable units maintain high quality standards for unit design, privacy, security, on-site
amenities, and public and private open space.
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San Luis Ranch Specific Plan Conformance Statement
The proposed design and uses associated with Tract 3142 carry out the existing policies of the adopted
San Luis Ranch Specific Plan. The development intended with Tract 3142 fulfills the goals and policies of
the General Plan, particularly those pertaining to affordable housing, even more robustly than the
adopted Specific Plan.
San Luis Ranch Specific Plan Chapter 8 – Implementation Policies
Policy 1.4. Promote high intensity, clustered development that promotes walking, biking, and transit use.
Policy 3.3. Encourage pedestrian scale development that fosters walking to and from commercial uses.
Policy 4.3. Promote affordable, entry level, and workforce housing opportunities whenever possible.
Policy 6.1. Apply a multimodal approach to transportation networks for the site (i.e., considering safety
and mobility of all users, including pedestrians, cyclists, drivers, and transit riders).
Policy 6.3: Ensure a safe and efficient circulation system within the Plan Area.
Tract 3142 locates up to 77 affordable housing units, targeting low and very-low income groups, in a single
structure, immediately adjacent to multi-use (bike/ped) paths, as well as commercial, employment and
transit uses. Residents and visitors in Tract 3142 have access to wide range of services, transportation
options, and recreational opportunities.
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ADDENDUM TO THE CERTIFIED FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT FOR THE
SAN LUIS RANCH PROJECT
AUGUST 2020
A. INTRODUCTION
This document is an Addendum to the Final Supplemental Environmental Impact Report
(FSEIR) prepared for the San Luis Ranch Project (State Clearinghouse Number 2015101083).
The FSEIR was certified by the City of San Luis Obispo on July 17, 2018, pursuant to City
Council Resolution No. 10927 (2018 Series). The Addendum is intended to bring the existing
CEQA documentation up to date as appropriate. Because there are no new significant impacts or
mitigation measures as a result of this updated analysis, an Addendum is the appropriate CEQA
document.
B. ADDENDUM REQUIREMENTS
The Addendum has been prepared in accordance with the relevant provisions of the California
Environmental Quality Act (CEQA) of 1970 (as amended) and the State CEQA Guidelines as
implemented by the City of San Luis Obispo. According to §15164(b) of the State CEQA
Guidelines, an Addendum to an Environmental Impact Report (EIR) is the appropriate
environmental document in instances when “only minor technical changes or additions are
necessary or none of the conditions described in Section 15162 calling for the preparation of a
subsequent EIR have occurred”. Section 15162(a) of the State CEQA Guidelines states that no
subsequent Negative Declaration shall be prepared for a project unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record, one or more of
the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or Negative Declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the previous EIR
or Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects; or
(3) New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the time
the previous EIR or Negative Declaration was adopted, shows any of the
following:
(A) The project will have one or more significant effects not discussed
in the previous EIR or Negative Declaration;
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(B) Significant effects previously examined will be substantially more
severe than shown in the previous EIR or Negative Declaration;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible, and would substantially reduce one or
more significant effects of the project, but the project proponents decline
to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR or Negative Declaration
would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation
measure or alternative.
This Addendum does not require circulation because it does not provide significant new
information that changes the certified FSEIR in a way that deprives the public of a meaningful
opportunity to comment upon a substantial adverse environmental effect of the project or a
feasible way to mitigate or avoid such an effect.
This Addendum includes this introduction and a description of the proposed actions addressed in
the Addendum as they related to the previously-approved project. The technical analysis in
support of this Addendum is included as an appendix to this document for reference
(Appendix A).
The CEQA documentation for this project, including this Addendum and certified FSEIR, is
available for review on the City’s website at www.slocity.org.
C. PREVIOUS CEQA DOCUMENTATION
The City Council unanimously certified a Final EIR and approved the project on July 18, 2017,
pursuant to City Council Resolution No. 10822 (2017 Series). A Notice of Determination (NOD)
was prepared, and there were no legal challenges to the adequacy of the Final EIR during the 30-
day statute of limitations associated with the NOD, pursuant to CEQA (PRC Section 21167 and
CEQA Guidelines Section 15094).
Subsequently, the City Council unanimously certified a Final Supplemental EIR and approved a
modified project on July 17, 2018, pursuant to City Council Resolution No. 10927 (2018 Series).
A Notice of Determination (NOD) was prepared, and there were no legal challenges to the
adequacy of the Final EIR during the 30-day statute of limitations associated with the NOD,
pursuant to CEQA (PRC Section 21167 and CEQA Guidelines Section 15094).
D. REASONS WHY AN ADDENDUM IS APPROPRIATE
Subsequent to the approval of an amendment to the previously approved San Luis Ranch project
in July 2018, the City of San Luis Obispo conducted additional analysis of traffic operations
related to the Project, a copy of which is attached hereto as Appendix A. The supplemental
traffic analysis evaluates a proposal to implement the Project in a manner that is consistent with
the San Luis Ranch Specific Plan, but with modifications to certain land uses, including a
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reduction in the amount of Office square footage from 100,000 sf to 97,000 sf, a reduction in the
amount of retail square footage from 150,000 sf to 139,300 sf, and an increase in residential uses
from 580 dwelling units to up to 654 dwelling units, of which up to 281 would be single family
residences and 373 would be multi-family residences, some of which are identified as affordable
housing. The change in buildout potential will result in fewer vehicle trips associated with
development of the Project at two intersections evaluated in the FSEIR - Intersection #16: South
Higuera Street & Tank Farm Road and Intersection #18: Prado Road and South Higuera Street.
The updated traffic analysis concludes that it would be appropriate to modify the mitigation
measures associated with these intersections from requiring construction of improvements in
conjunction with development of the Project to requiring payment of the Project’s fair share of
the cost of the future improvements by the City or a future developer at a time to be determined
by the City. The proposed changes do not materially change the findings and conclusions of the
FSEIR, making a second Supplemental EIR unnecessary pursuant to Section 15162 of the
CEQA Guidelines.
E. UPDATED PROJECT ELEMENTS
As discussed above, the project evaluated in this Addendum includes modifications from what
was evaluated in the certified Final EIR and FSEIR to reflect an increase in housing potential
from 580 units to 654 units, and a reduction in non-residential area from 250,000 SF to 236,300
SF. The overall land use mix and pattern envisioned under the approved Specific Plan otherwise
remains unchanged. Please refer to the FEIR and FSEIR for setting information related to
analyzing project impacts.
F. UPDATED ENVIRONMENTAL IMPACT ANALYSIS
This section addresses impacts associated with the project changes that have been proposed since
the FSEIR was certified in July 2018. Except as noted below, none of the analysis or discussion
included in the certified FSEIR has changed. The analysis addresses all the issue areas discussed
in the Final EIR and FSEIR.
Transportation
The proposed changes would not affect any of the Project’s construction-related impacts or the
overall footprint of development, which remains consistent with development that could occur
under the approved Specific Plan. As discussed below, based on the June 2020 traffic memo,
attached hereto as Appendix A, there would be fewer trips generated by development under the
San Luis Ranch Specific Plan, and thus commensurately lesser impacts than what were identified
in the FEIR/FSEIR. Previously identified impacts and mitigation measures would still apply.
However, based on the June 2020 traffic memo, two mitigation measures may be modified as
proposed without changing the severity of identified impacts.
With regard to the Project’s operational impacts, the updated traffic analysis concludes that the
implementation of mitigation measures required for two intersections analyzed in the FSEIR –
Intersection #16: South Higuera Street & Tank Farm Road and Intersection #18: Prado Road
and South Higuera Street –could be modified without additional impact from requiring
construction of the improvements discussed therein in conjunction with buildout of the Project
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to payment of the Project’s fair share toward future construction of these improvements by the
City or a future developer, as determined by the City, when warranted by then existing
conditions.
These mitigation measures are modified as follows, new language is shown in underline and
deleted language is shown in cross-out:
T-1(g) Intersection #16: S. Higuera Street & Tank Farm Road.
x Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
x Develop a Travel Demand Management Plan consistent with section 2.4.3
and to the satisfaction of the Public Works Director (Prior to Building
Permits or Occupancy)
x Pay fair share costs in the amount of $42,500 toward future construction by
City or another developer of an extension of the Extend northbound right
turn pocket to 230' and channelize movement (Prior to Building Permits or
Occupancy)
T-2(j) Intersection #18: Prado Road & Higuera Street.
x Install 2nd U.S. 101 northbound left turn lane (Prior to Building
Permits or Occupancy)
x Pay fair share costs in the amount of $75,000 toward future
construction by City or another developer of an extension of the
Extend westbound right turn pocket to 400' (Prior to Building
Permits or Occupancy)
No other changes to any other transportation-related mitigation measures are proposed.
Air Quality, Greenhouse Gas Emissions, and Noise
The reduction in the Project’s traffic would result in corresponding reductions in the Project’s
Air Quality, Greenhouse Gas Emissions and operational Noise impacts, which are largely based
on trip generation. However, the level of impacts identified in the FEIR and FSEIR would not
change, nor would any mitigation measures associated with these issue areas.
Water Resources and Recreation
As noted in the FSEIR, the approved Specific Plan Project is projected to result in a total service
population of 2,135 persons, of which the Project would generate 1,293 residents and 842
employees. Based on the population generation factors included in the FSEIR, the proposed
changes would reduce the total service population to 2,042 persons, comprised of 1,418 residents
(a net increase of 125 residents) and 624 employees (a net decrease of 218 employees). The
changes in the service population for the project are not expected to generate any new or
increased environmental impacts related to demands on water resources or recreational facilities,
as described below.
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Based on the water generation rates in Section 4.13 of the EIR, the proposed changes will result
in an increase in water demand from 217.6 AFY to 226.66 AFY; however, this amount is well
within the amount of available water disclosed under the EIR and would not result in any new or
increased significant impacts.
Similarly, the addition of 125 residents, an increase of less than 10%, would place some
additional demands on City park and recreation facilities. However, as discussed in Section 4.11
of the FEIR, in addition to park facilities being constructed within the project, the additional
residential units will pay required City park fees, which will reduce any impacts to recreational
facilities to a level of less than significance, and the proposed changes would not result in any
new or increased significant impacts.
Other Impacts Described in the FEIR and FSEIR
Several impacts described in previous CEQA documentation are based on the amount of land
converted to development activities. The issues include Agricultural Resources, Biological
Resources, Cultural Resources, Hazards, Hydrology/Water Quality, and Land Use. Because the
development footprint would not change under the updated Project, impacts and mitigation
measures related to these issues would not change.
G. DETERMINATION
In accordance with Section 15164 of the CEQA Guidelines, the City of San Luis Obispo (City)
has determined that this Addendum to the certified FSEIR is necessary to document changes or
additions that have occurred in the project description since the FSEIR was originally certified.
The City has reviewed and considered the information contained in this Addendum and finds that
the preparation of subsequent CEQA analysis that would require public circulation is not
necessary.
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Policy Context Analysis
The project area is within the San Luis Ranch Special Focus area as identified in Section 8.1.4 of
the Land Use Element (LUE). Section 8.1.4 of the LUE identifies a general framework guiding
development in that area, including issues related to circulation, site design, view protection,
agricultural protection, and public safety. Specifically, it anticipates that the area could support
commercial, office and residential development, and the proposed SPA and VTTM support
implementation of SLRSP General Plan policy objectives.
The LUE required that a specific plan be prepared for the entire 132-acre San Luis Ranch area. A
specific plan is a tool for the systematic implementation of a general plan. The SLRSP was adopted
in 2017. Because the Specific Plan is inherently consistent with the General Plan, the project’s
consistency with the Specific Plan is the focus of this policy analysis.
The proposed SPA would allow for additional housing not anticipated in the adopted SLRSP,
increasing the number of possible residential units in the plan area from 580 to 654. The intent of
this is to allow for additional affordable housing to be built within the NC-zoned area, beyond the
34 inclusionary units (or in lieu fees) required by the Zoning Regulations with respect to the
development of commercial land (see SLRSP Section 5.2.2 for further discussion). The SPA
would allow up to 77 affordable units to be constructed in the NC-zoned area, which would further
Housing Element goals to provide needed affordable housing citywide.
The proposed increase in housing has the potential effect of increasing impacts to public services
and traffic beyond those anticipated under the General Plan and associated LUCE EIR, as well as
the Final EIR and Supplemental Final EIR for the SLRSP. To address this, an Addendum to the
Final EIR and Supplemental Final EIR for the SLRSP was prepared to evaluate the possible
impacts associated with the updated pattern of development within the Specific Plan area
(Attachment D). Based on that analysis, the modified development levels under the SPA would
not result in greater impacts to traffic, public services, or any other issue addressed in the Final
EIR and Supplemental Final EIR compared to what was anticipated under the approved Specific
Plan prior to its possible amendment (please refer to the “Environmental Review” section for
further discussion of CEQA-related issues). For that reason, the level of development anticipated
under the amended SLRSP remains consistent with the General Plan. The land use pattern
anticipated under the SPA is substantially similar to what was previously approved, so it too
remains consistent with the General Plan.
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San Luis Ranch Specific Plan
Upon its adoption in 2017, the SLRSP became the
primary guiding land use regulatory document for
the area it encompassed. The proposed project
area coincides with the portion of the NC-
designated land generally northwest of the
intersection of Froom Ranch Way and Dalidio
Drive (figure, right).
A Specific Plan is a tool for the systematic
implementation of a General Plan. It effectively
establishes a link between implementing policies
of the general plan and the individual
development proposals in a defined area. In the
case of the SLRSP, it addresses the broad range
of planning issues and policies typically covered
in the City’s General Plan or zoning ordinance,
from land use, circulation, site planning
standards, design guidelines, landscape design
requirements, project phasing, and infrastructure requirements. In some cases, it establishes
standards that go beyond those included in the General Plan, or that are tailored to the needs of the
project site. For that reason, the project will be evaluated against the requirements of the SLRSP
to determine consistency with City planning policies.
The table below summarizes key relevant policies from the SLRSP, and City staff’s analysis of
the project’s consistency with those policies. The applicant has also provided a statement of
conformity with the SLRSP and General Plan in the project statement (Attachment C).
Project Consistency with the San Luis Ranch Specific Plan
SLRSP Relevant Policy or Guidance Discussion Potential
Consistency
Table 2-1. General Plan San Luis Ranch
Performance Standards
Applicant proposes to increase the Residential
component from 580 to 654 units. However,
this table shows what is in the adopted
General Plan, and the proposed SPA would not
change that. No change to this table is
appropriate.
Table 2-1
should not be
modified as
proposed
Table 2-3. Planned San Luis Ranch Specific
Plan Area Development
This table includes proposed modifications to
accommodate up to 654 residential units, and
a downward revision to a maximum of 139,300
SF of commercial and 97,000 SF of office.
Yes
Figure 3: San Luis Ranch Specific Plan Land
Use Map
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Project Consistency with the San Luis Ranch Specific Plan
SLRSP Relevant Policy or Guidance Discussion Potential
Consistency
Although the residential buildout exceeds what
is shown in Table 2-1, it is still consistent with
the intent of the General Plan as described in
Section 4.1 above. This change provides the
basis for other modifications to the Specific
Plan discussed below, and the determination
of potential consistency.
Section 2.5.1 Commercial Retail and Section
2.5.2. Office.
The project is consistent with that intent.
Section 2.5.1 and 2.5.2 call for commercial
retail and office uses that would be
accommodated by the VTTM.
Yes
Section 2.5.6. Integrated Residential Uses.
San Luis Ranch will integrate residential uses
in the Neighborhood Commercial Zone.
Housing development and mixed-use
projects in this Zone expand the range of
housing opportunities offered by San Luis
Ranch, creating an opportunity to make use
of the community’s walkability and
multimodal transit amenities, and could be
promoted as an optimal choice for those
seeking a car-free lifestyle.
This section is a proposed amendment to the
SLRSP. It allows for residential mixed use
within the NC zone as proposed under the
VTTM.
Yes
Section 3.3 Neighborhood Commercial (NC)
Zone
The introduction to this section does not
mention residential uses as a possible land use
that could be included in a mixed use project,
although there are illustrations later in this
section that support this concept, and Table 3-
6 includes residential as an allowed use. It is
recommended that the introduction mention
residential as a potential land use in this zone
when part of a mixed-use development.
Yes; see
analysis for
minor
modification
to SP
3.7.2. Commercial/Mixed Use Design
Guidelines. [The following existing
guidelines are modified as proposed, with
new next underlined, and deleted text
indicated by strikeout. Only modified
Proposed modifications clarify the relationship
between residential and commercial uses in
project design that may come forward through
a Development Plan. Each aspect of the
proposed changes are analyzed below.
Yes
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Project Consistency with the San Luis Ranch Specific Plan
SLRSP Relevant Policy or Guidance Discussion Potential
Consistency
portions of the existing guidelines are
shown.]
Site Planning and Design
a. Buildings should be sited close to
and oriented toward external and
interior streets. Building design
should incorporate pedestrian
walkways, outdoor seating, and
landscape areas where possible.
Where buildings front external and
internal streets, building design
should address the streets and not
present the back of the building.
b. Outdoor spaces should reflect
careful planning and provide plaza
spaces with defined edges, benches,
and lighting that establish a sense of
place. Building design should
engage pedestrian circulation paths
with outdoor seating, landscape
areas, and pedestrian-oriented
areas where possible.
c. Transitional pedestrian-oriented
outdoor spaces should be provided
at horizontal mixed-use interface
between uses. Transitional spaces
should include courtyards, benches,
landscape, and lighting that
establish a sense of place.
d. Clearly defined pedestrian and
bicycle circulation paths should be
provided across site connecting to
parking, building entries, public
ways, and multimodal transit
connection points. Use of path
defining elements such as enhanced
paving and landscape should be
incorporated.
Site Planning and Design. In general, the
intent is to promote higher quality design that
emphasizes the visual attributes of
development, integrates pedestrian and
bicycle circulation, and encourages public
meeting opportunities though design. These
guidelines form a solid framework for mixed
use projects that may come forward in a
Development Plan.
Building Form. Includes minor changes that do
not alter the original intent, but clarify and
help visualize how roofing elements would be
integrated into design.
Building Elements and Articulation. Includes
minor changes that do not alter the original
intent, but emphasize pedestrian access and
functionality.
Mixed-Use Integration. This is a new section
to better articulate how residential and
commercial uses will relate, both vertically and
horizontally. It also describes how pedestrian
connections can be better achieved.
Commercial Plazas. This includes minor
changes to an existing section to better clarify
the original intent.
Signs. This includes minor changes to an
existing section to better clarify the original
intent, and to ensure better consistency both
within the SLRSP and the City’s sign
regulations.
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Project Consistency with the San Luis Ranch Specific Plan
SLRSP Relevant Policy or Guidance Discussion Potential
Consistency
e. Plazas, courtyards, pocket parks,
and outdoor public spaces cafes
should be designed in an inviting
manner that to encourages
pedestrian use through the
incorporation of trellises, fountains,
art, seating, and shade trees.
Building Form
b. Roofs covering the entire building
such as hips and gables, are
preferred over mansard roofs.
Where practical and on short span
roof elements, the primary roof
form should address the entire
building such as hips and gables.
Application of flat roofs with
parapets or mansard roofs should
be limited in use and apply to large
spans only.
d. Vertical elements such as towers
should be used to accent horizontal
massing and provide visual interest
and a point of reference, especially
on corner buildings engaged with
public areas.
Building Elements and Articulation
e. Building facades facing paseos
should be articulated with detail
and display windows provide for
pedestrian scale elements and
materials where it is not the primary
entry.
Mixed-Use Integration
Building Materials. This includes minor
changes to an existing section to better clarify
the original intent.
Exterior Colors. This includes minor changes to
an existing section to better clarify the original
intent.
Utilitarian Aspects of Buildings. A provision
related to pedestrian access to trash closures
was eliminated because it unnecessarily
restricted potential designs that could be
visually less intrusive.
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Project Consistency with the San Luis Ranch Specific Plan
SLRSP Relevant Policy or Guidance Discussion Potential
Consistency
a. Horizontal and vertical mixed-use
incorporating both residential and
office uses provide for a complete
community and are encouraged.
b. Where residential horizontal mixed-
use faces commercial areas and
parking, pedestrian transitional
elements and buffers should be
included such as low fencing or
walls, screening planting, and
seating alcoves.
c. Delineation between public
commercial areas and residential
areas should be defined through the
use of material change, signage and
transitional elements. Transitional
elements should include courtyards,
benches, landscape, and lighting
that establish a sense of place.
d.Lower floors of both horizontal and
vertical mixed-use buildings should
communicate use through key
elements such as scale, plate height,
and architectural details.
Commercial Plazas
a.Specialized, defined, public outdoor
spaces should be incorporated into
the overall building and project
design. These outdoor spaces
should clearly define usable spaces
and take advantage of any “leftover
space.” have clear, recognizable
shapes that reflect careful planning
and should not be a result of
“leftover” areas between structures.
b. Site amenities, including benches,
drinking fountains, provisions for
bicyclists, water features, and public
art, should be utilized and should
complement the project’s
architectural character and be
oriented toward courtyards and
paseos.
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Project Consistency with the San Luis Ranch Specific Plan
SLRSP Relevant Policy or Guidance Discussion Potential
Consistency
Signs
b. Signs should reflect the type of
business through design, shape, or
graphic form in addition to
typographic information.
c. Signs oriented toward pedestrian
space and pathways should be
appropriately detailed to enhance
the public space.
e. Signs should not detract from cover
up windows or important
architectural features.
i. Sign construction should reflect a
high level of craftsmanship and be
consistent with City signage
requirements unless otherwise
addressed within the Specific Plan.
Building Materials
b. Smooth plaster finishes, 20-30 sand
finish or smoother, are preferred
over rough, textured stucco. Stucco
may be used in combination with
other materials such as siding and
brick. Stucco should be primarily
used for side and back walls that are
not as visible from public view; with
the richer materials used on the
front or to accent architectural
features serve as a supporting
material with richer, more varied
materials used on the front and
public facing facades. Increased
application of stucco is more
appropriate on the rear and non-
public faces of the buildings.
c. Materials and colors should be
architecturally consistent and
enhance the overall project
character while employing best
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Project Consistency with the San Luis Ranch Specific Plan
SLRSP Relevant Policy or Guidance Discussion Potential
Consistency
design practices of authentic
application.
Exterior Colors
a.Exterior colors should be consistent
with the architectural style of the
building. Color schemes that involve
a minimum of three (3) colors
should be utilized but tone on tone
color palettes are also appropriate
in limited application.
b. Different colors accentuating
different aspects and details of the
building architecture should be
utilized. Except for accenting
different aspects and details of a
building or as required by a national
brand, bright colors should be
avoided.
Utilitarian Aspects of Buildings
f. A pedestrian entrance to the trash
enclosure should be provided so the
large access gates do not have to be
opened as often.
5.2.2 Affordable Housing. [The applicant
suggests modifications to this section as
follows:]
1.To reflect the fact that there would
be up to 654 units within the SLRSP,
and 64-77 affordable units on the
NC site (instead of 34).
2.The applicant suggests they qualify
for a 32.5% density bonus instead of
the 20% included in the existing
SLRSP.
These changes essentially would allow for up
to 34 additional affordable units within the
SLRSP than are currently accommodated in the
plan. In achieving this, there would be fewer
deed restricted affordable units in the NG-30
zone, but a significant increase that more than
offsets this within the NC zone.
The density bonus provision corrects a clause
that was inaccurately described in the original
SLRSP, and allows for the magnitude of
Yes
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Project Consistency with the San Luis Ranch Specific Plan
SLRSP Relevant Policy or Guidance Discussion Potential
Consistency
3. States that there would be 2 deed
restricted affordable units in each of
the NG-10 and NG-23 zones.
4. Removes the requirement for 26
deed restricted affordable units in
the NG-30 zone, since these will be
transferred to the NC zone.
affordable housing development contemplated
in the amended SLRSP.
Overall, these changes further the City’s broad
goal of providing additional affordable housing
to a greater extent than could occur under the
originally-approved SLRSP.
Tables 7-2, 7-4, 7-5, 7-7, 7-8, 7-10 and 7-11.
[These are tables that project water demand,
wastewater generation, solid waste
generation, school demand, and buildout.
These have been updated to reflect updated
development potential.]
The updated information does not affect
development potential, or any aspect of future
project. It is intended primarily for
informational purposes.
Yes
Affordable Housing Requirements
The City’s 2019-21 Financial Plan identifies affordable housing as a Major City Goal. The City’s
Housing Element includes numerous policies and programs that support incentives, such as density
bonuses, to provide housing for low, very low and extremely low-income households. The SLRSP
as conceived accounts for a 20% density bonus for achieving affordable housing goals. The project
now proposes up to a 32.5% density bonus to reflect current State Density bonus law.
Both the SLRSP and the Development Agreement for the project require that development within
the Specific Plan area include sufficient affordable housing to be consistent with Housing Element
policies related to this issue (the SLRSP and Development Agreement are consistent with one
another). In both documents, development in the NG-30 zone is required to provide 26 deed-
restricted units that are affordable to very low-income households. The Housing Plan within the
Development Agreement also requires that the project provide 10 deed-restricted workforce
housing units (i.e., affordable to households earning from 121-160% of the area’s median income)
within the NG-30 zone.
The proposed Specific Plan Amendment would provide additional affordable housing as compared
to the currently approved SLRSP. An additional 64-77 affordable units would be provided in the
NC zone compared to what would otherwise be built, although even without the SPA, a
commercial project would be required to pay in lieu fees toward the construction of 34 affordable
units. It should be noted that under this proposal, the 26 deed-restricted units within the NG-30
zone would no longer be deed restricted but become market rate high density housing. Instead,
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Item 17
the 64-77 affordable units within the NC zone would include 26 deed restricted units (based on the
requirement transferred from the NG-30 zone), as well as the 34 units that are required as part of
the original SLRSP approval. Thus, this proposal could result in 4-17 units beyond the previously
required 60 affordable units.
Overall, the proposed project would result in a realistically achievable affordable housing project
within the NC zone, functioning as a mixed-use project in proximity to commercial
development, consistent with the intent of the City’s Housing Element goals.
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Item 17
Department Name: Administration
Cost Center:1001
For Agenda of:November 17, 2020
Placement:Consent
Estimated Time:N/A
FROM: Derek Johnson, City Manager
Prepared By:Victoria Tonikian, Interim Executive Assistant to the City Manager / Fiscal
Officer
SUBJECT:CONSIDER ADOPTING A RESOLUTION ESTABLISHING CITY SUPPORT
FOR H.R. 1384, THE MEDICARE FOR ALL ACT OF 2019
RECOMMENDATION
Consider adoption of a Resolution (Attachment A) establishing City support for H.R. 1384, the
Medicare for All Act of 2019, and urging its passage by Congress.
DISCUSSION
On October 20, 2020, a majority of the Council directed staff to return with a resolution in
support of H.R. 1384.
In 2019, Congresswoman Pramila Jayapal introduced Medicare for All Act of 2019 (H.R. 1384).
H.R. 1384 expands the Medicare program to ensure all United Stated residents have guaranteed
access to healthcare and establishes a national health insurance program which provides
comprehensive protection against increasing health care costs and health-related services. Upon
enactment, the program will be administered by the Department of Health and Human Services.
The purpose of this item is for the City Council to consider adoption of the proposed resolution
in support of the Medicare for All Act of 2019.
H.R. 1384
H.R. 1384 (Attachment B) proposes a national health insurance program which would provide
health care coverage as described in the bill to all residents. H.R. 1384 would provide:
1. Coverage for all United States residents;
2. Automatic enrollment of individuals upon birth or residency in the United States;
3. Comprehensive health care coverage including all primary care, hospital, and outpatient
services, prescription drugs, dental, vision, audiology, women’s reproductive health
services, maternity and newborn care, long-term services and supports, prescription
drugs, mental health, and substance abuse treatment, laboratory and diagnostic services,
ambulatory services and more;
4. A full choice of any doctors, hospitals, and other providers;
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Item 18
5. Long-term care services for individuals of all ages living with disabilities;
6. Coverage with no premiums, deductibles, or copays for medical services;
7. Lower prescriptions costs. This legislation would allow Medicare to negotiate drug prices
to substantially lower the costs of prescriptions drugs.
In addition, private health insurers and employers may only offer coverage that is supplemental
to, and not duplicative of, benefits provided under the program.
Specified federal health programs would terminate upon implementation of H.R. 1384. However,
the program does not affect veterans’coverage provided through the Department of Veterans
Affairs or Native Americans’coverage provided by the Indian Health Service.
If enacted, the transition to Medicare for All would occur in two years. One year after the date of
enactment, persons over the age of 55 and under the age of 18 would be eligible for the program.
Two years after the date of enactment, all people living in the United States would be eligible for
the program.
Arguments in Support:
H.R. 1384 is sponsored by Representative Pramila Jayapal and the House Progressive Caucus
and is cosponsored by other house members
Proponents of H.R. 1384 make the following arguments in support of the bill:
1. H.R. 1384 would provide comprehensive, cost-free health insurance coverage for all U.S.
residents, regardless of immigration status.
2. Costs would be manageable because the government can control all the costs to keep
them low.
3. H.R. 1384 would explicitly cover reproductive health services, remove federal
restrictions on coverage, and provide protection for providers offering reproductive
health services.
4. H. R. 1384 would establish strong anti-discrimination protections for patients, require
providers to act exclusively in their patient's interest, and include steps to address health
inequities and reach underserved populations.
Arguments in Opposition:
Opponents of H.R. 1384 include: National Right to Life Committee, Partnership for America's
Health Care Future , American Medical Association, PhRMA, America's Health Insurance Plans
and the Federation of American Hospitals.
Opponents of H.R. 1384 make the following arguments in opposition of the bill:
1. H.R. 1384 would place unprecedented strain on the federal budget, estimating an
additional $32.6 trillion in federal budget commitments during the first 10 years.
2. H.R. 1384 would eliminate privately funded health plans, including employer sponsored
coverage.
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Item 18
3. Concern that complete reliance on government funded health care would require
rationing of services or degradation of quality care when there are insufficient funds
(opponents argue that cost-sharing provisions of current private plans, which would be
prohibited under H.R. 1384, prevent these effects).
4. Concern regarding reproductive health protections within the proposed bill, specifically
that health providers who are morally opposed to abortion could be required to perform
abortions if they provide other kinds of reproductive health care.
5. H.R. 1384 would erode the provisions that limit the use of federal funds for abortion
services.
Status of H.R. 1384
H.R. 1384 was introduced to the House of Representatives on February 27, 2019. On that same
day, the bill was assigned to a committee in the House for review, and the committee referred the
bill to a subcommittee for further review. On March 13, 2019, the sponsor, Congresswoman
Pramila Jayapal, made introductory remarks to the House of Representatives on the bill. On
December 10, 2019, the House Energy and Commerce Subcommittee on Health held a
subcommittee hearing on the bill and no further action has been taken since.
Previous Council Action
During the development of the 2020 Legislative Action Platform at the April 21, 2020 City
Council meeting, Council expressly discussed putting an item related to Medicare for All on the
platform, but ultimately rejected doing so as a majority.
Policy Context
At the beginning of each year, the City Council considers a resolution to establish the City’s
Legislative Action Platform. The resolution authorizes staff to respond to legislative issues
affecting the City (via letters signed by the Mayor or relevant Department Head), provided the
positions taken in those letters are consistent with the priorities identified in the platform.
Specific direction is required by the Council if an item is not listed or consistent with adopted
platform.
Public Engagement
The item will be presented at the City Council’s public meeting on November 17, 2020. The
public has the opportunity to comment in writing prior to the meeting or submit public comment
prior or during the meeting. Additionally, the City Council has received numerous written
correspondence from community members in favor of supporting this bill.
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. 15378.
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Item 18
FISCAL IMPACT
There are no costs associated with taking a position on this bill.
ALTERNATIVES
The City Council may choose to decline the adoption of this Resolution supporting H.R. 1384.
Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - Medicare for All Act of 2019 (H.R. 1384)
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Item 18
R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, IN SUPPORT OF H.R. 1384, THE MEDICARE
FOR ALL ACT OF 2019
WHEREAS,every person in the City of San Luis Obispo deserves high quality health
care; and
WHEREAS,the rising cost of health care challenges City of San Luis Obispo’s municipal
budget and the budgets of our small businesses, which keep our communities thriving; and
WHEREAS,many of our residents have lost their employer-sponsored health insurance
during the current COVID-19 pandemic; and
WHEREAS, studies by conservative and liberal economists show nearly all residents and
employers would spend far less with the program described in the text of H.R. 1384, The Medicare
for All Act of 2019, than they do today for health coverage including medical, dental, vision,
hearing, and other care and prescription drugs; and
WHEREAS,H.R. 1384 would provide every person in San Luis Obispo all necessary
medical care including prescription drugs; hospital, surgical and outpatient services; primary and
preventive care; emergency services; women’s reproductive care; dental and vision care; and long-
term care; and
WHEREAS,H.R. 1384 would improve the existing Medicare program, provide coverage
without copays, deductibles, or other out-of-pocket costs, and would protect the medical decisions
made by patients and their doctors, and assure patients an unrestricted choice of doctors; and
WHEREAS,the quality of life for the residents of the City of San Luis Obispo will vastly
improve because residents would have access to the ongoing care they need instead of waiting
until they have a medical emergency that could upend their lives and burden them with debt.
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Item 18
Resolution No. _____ (2020 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
supports H.R. 1384 and urges its passage.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
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, on _______________________.
____________________________________
Teresa Purrington
City Clerk
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Item 18