The URL can be used to link to this page

Home My WebLink About12-08-2020 Agenda Packet - AmendedCity Council / Disaster Council / Groundwater Sustainability Agency Agen da Tuesday, December 8, 2020 - AMENDED San Luis Obispo Page 1 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: • View the Webinar (recommended for the best viewing quality): ➢ Registration URL: https://attendee.gotowebinar.com/register/6036457786328925963 ➢ Webinar ID: 309-254-267 ➢ Telephone Attendee: +1 (213) 929-4232, Audio Access Code: 169-886-084 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. • Televised live on Charter Cable Channel 20 • 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: • Mail or Email Public Comment ➢ Received 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. • Verbal Public Comment ➢ In 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. ➢ During 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 December 8, 2020 Page 2 5:00 PM CLOSED SESSION TELECONFERENCE CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon Closed Session Meeting link: Click here to join the meeting You can also dial in using your phone: United States: +1 209-645-4165 Conference ID: : 899 406 797# PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code §54956.8 Property: APN 002-415-021 Agency Negotiators Derek Johnson, City Manager J. Christine Dietrick, City Attorney Markie Jorgensen, Assistant City Attorney Shelly Stanwyck, Assistant City Manager Greg Hermann, Deputy City Manager Robert Hill, Sustainability & Natural Resources Official Chris Read, Sustainability Manager Gaven Hussey, Parking Manager Negotiating Parties Rivian Automotive, LLC Jeremy Lee Under Negotiation Price and terms of payment San Luis Obispo City Council Agenda December 8, 2020 Page 3 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code §54956.8 Property APN 002-401-002 Agency Negotiators Derek Johnson, City Manager J. Christine Dietrick, City Attorney Markie Jorgensen, Assistant City Attorney Shelly Stanwyck, Assistant City Manager Michael Codron, Community Development Director Greg Hermann, Deputy City Manager Robert Hill, Sustainability & Natural Resources Manager Negotiating Parties Ken Haggard, Representative for The Peace Project Anne Wyatt, Representative for Smart Share Housing Solutions, Inc. Under Negotiation Price and terms of payment ADJOURNMENT Adjourn to the rescheduled Regular Meeting of the City Council scheduled for Tuesday, December 8, 2020, at 6:00 p.m., via teleconference. San Luis Obispo City Council Agenda December 8, 2020 Page 4 6:00 PM AMENDED RESCHEDULED REGULAR MEETING TELECONFERENCE Broadcasted via Webinar *Agenda amended to add Item A as shown below in italics CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon A.RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR AND PROVIDE COVID-19 RELATED DIRECTION BASED ON CURRENT STATUS (JOHNSON – 20 MINUTES) Recommendation: Receive an update from the Emergency Services Director related to COVID-19. 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. APPOINTMENTS 1.ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES (PURRINGTON – 5 MINUTES) Recommendation: Confirm appointments to the Human Relations Commission and Mass Transportation Committee, as recommended by the Council Liaison Subcommittees. San Luis Obispo City Council Agenda December 8, 2020 Page 5 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. 3. MINUTES REVIEW - NOVEMBER 10, 2020, NOVEMBER 17, 2020, AND NOVEMBER 18, 2020 CITY COUNCIL MINUTES (PURRINGTON) Recommendation: Approve the minutes of the City Council meetings held on November 10, 2020, November 17, 2020, and November 18, 2020. 4. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2021 (PURRINGTON) Recommendation: Adopt the proposed 2021 Regular City Council Meeting Schedule with meetings normally held the first and third Tuesday of every month, with the following exceptions: 1. Reschedule the Regular City Council meeting of January 5 to January 12, 2021; and 2. Cancel the Regular City Council meetings of August 3 and December 21, 2021. 5. APPROVAL OF THE UPDATED COMPREHENSIVE DISASTER LEADERSHIP PLAN ADDITION OF UTILITY DISRUPTION AND PANDEMIC ANNEX (AGGSON) Recommendation: 1. As the City Council, receive and approve the Comprehensive Disaster Leadership Plan (CDLP) Utility Disruption Annex and Pandemic Annex; and 2. As the Disaster Council, receive and approve the CDLP Utility Disruption Annex and Pandemic Annex. San Luis Obispo City Council Agenda December 8, 2020 Page 6 6. RECEIVE AN UPDATE ON THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT (SGMA) GROUNDWATER SUSTAINABILITY PLAN (FLOYD / BOERMAN) Recommendation: Acting as the City of San Luis Obispo Groundwater Sustainability Agency, receive and file an update on the Sustainable Groundwater Management Act Groundwater Sustainability Plan development, including the Draft Communication and Engagement Plan, Draft Data Management Plan, and Draft Chapters 1-6 of the Groundwater Sustainability Plan. 7. AUTHORIZATION TO ADVERTISE THE HIGUERA STREET PAVING PROJECT, SPECIFICATION NO. 1000171 (HORN / NGUYEN) Recommendation: 1. Approve the project plans and specifications for the Higuera Street Paving Project, Specification Number 1000171; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager, or their designee, to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the Engineer’s Estimate of $200,000. 8. AWARD CONTRACT FOR THE TERRACE HILL PIPELINE AND PRESSURE REDUCING VALVE REHABILITATION PROJECT, SPECIFICATION NO. 91425 (HORN / KLOEPPER) Recommendation: 1. Award a Construction Contract to Raminha Construction, Inc. in the amount of $585,660 for the Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation Project and authorize the Mayor to execute the Contract; and 2. Approve the transfer of $74,000 from the Water Distribution Fund Undesignated Capital Account to the project account (91425) to fund this project. 9. APPROVE AN UPDATED MEMORANDUM OF UNDERSTANDING WITH THE CITY OF MORRO BAY AND CITY OF PASO ROBLES FOR SHARING POLICY BOARD, OPERATIONS BOARD, AND COMMUNITY ADVISORY COMMITTEE SEATS ON CENTRAL COAST COMMUNITY ENERGY (HERMANN / READ) Recommendation: 1. Approve the draft Memorandum of Understanding with the City of Morro Bay for sharing Policy Board, Operations Board, and Community Advisory Committee seats on Central Coast Community Energy; and 2. Authorize the City Manager to execute the MOU in a form subject to approval of the City Attorney’s Office. San Luis Obispo City Council Agenda December 8, 2020 Page 7 10. AUTHORIZATION TO EXECUTE A LEASE AGREEMENT FOR 1100 MILL STREET (HORN / FUCHS) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Mayor to execute a Lease Agreement with the County of San Luis Obispo for 1100 Mill Street.” 11. AUTHORIZATION TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION AND AUTHORIZE THE EXAMINATION OF TRANSACTION AND USE TAX RECORDS (ELKE) Recommendation: 1. Approve a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a Local Transactions and Use Tax;” and 2. Approve a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the examination of Transactions (Sales) and Use Tax records;” and 3. Authorize the City Manager to amend the agreement with Hinderliter, De Llamas, and Associates (HdL Companies) for continued Transaction and Use Tax Audit and Information Services. 12. RESPONSE TO GRAND JURY REPORT – JOINT AGENCY DISPATCH: BETTER TOGETHER? (SMITH / AMOROSO) Recommendation: Receive and file the County of San Luis Obispo Grand Jury Agency Response to Report regarding contracting City Police and Fire dispatching services to the County Sheriff and CalFire. 13. APPROVAL OF THE FINAL MAP FOR TRACT 2943 PHASE 2, EARTHWOOD LANE (FMAP 0208-2020) (CODRON / LA CHAINE) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract No. 2943 Phase 2 (151 Suburban Road, TR 74- 07).” San Luis Obispo City Council Agenda December 8, 2020 Page 8 14. APPOINTED OFFICIALS’ COMPENSATION (IRONS) Recommendation: 1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for the City Manager;” and 2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for the City Attorney;” and 3. Authorize the Mayor to execute amended contracts of employment with the City Manager and City Attorney adjusting their respective salaries and deferred compensation contributions and providing flexibility to cash out of accrued vacation. 15. APPROVE A SUCCESSOR MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES’ ASSOCIATION (IRONS / SUTTER) Recommendation 1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Employees’ Association for the period of July 1, 2019 to June 30, 2022;” and 2. Adopt a Regular and Supplemental Salary Schedule effective December 10, 2020 as required by California Public Employees Retirement System (CalPERS). PUBLIC HEARING AND BUSINESS ITEMS 16. PROVIDE BIKE SHARE POLICY DIRECTION AND AUTHORIZE A REQUEST FOR PROPOSALS FOR A BIKE SHARE PROVIDER (HORN / SCHWARTZ / FUKUSHIMA – 45 MINUTES) Recommendation: 1. Receive the staff report and presentation on proposed policy framework for Shared Bicycle Services ("Bike Share"); and 2. Authorize the issuance of a Request for Proposals (RFP) for qualified vendors to provide and operate a Bike Share system in San Luis Obispo, at no direct cost to the City; and 3. Authorize the City Manager to execute agreements with the selected Bike Share vendor, if the selected proposal requires no direct expenditures by the City, and the documents are to the satisfaction of the City Attorney; and 4. If no qualifying proposals are received, direct staff to continue monitoring the state of the Bike Share industry, develop a funding plan for a potential Bike Share system, and return to the Council within the next year for further direction. San Luis Obispo City Council Agenda December 8, 2020 Page 9 17. FOLLOW-UP ON DIRECTION PROVIDED BY CITY COUNCIL AS PART OF THE DANA STREET PARKING DISTRICT APPROVAL (HORN / FUCHS – 15 MINUTES) Recommendation: 1. Receive requested information for the Dana Street Parking District; and 2. Direct staff to survey Multi-Family Properties along Dana Street to ensure a majority of these properties wish to be included in the Dana Street Parking District; and 3. Direct staff to return to Council with municipal code amendments and an update to the Dana Street Parking District Resolution based upon Multi-Family Properties survey results. 18. WATER AND SEWER RATE REVIEW (FLOYD / THOMPSON – 30 MINUTES) Recommendation: Adopt a Resolution entitled “A Resolution of the Council of the City of San Luis Obispo, California, Establishing the Water and Sewer Rates for Fiscal Year 2020-21,” effective February 1, 2021. 19. AUTHORIZE IMMEDIATE INVESTMENT IN ECONOMIC DEVELOPMENT EFFORTS & HOMELESS SERVICES (JOHNSON / BETZ – 15 MINUTES) Recommendation: 1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, to appropriate $3,425,000 in FY 2018-19 General Fund Unassigned Fund Balance for immediate investment in economic development efforts and homeless services and to replenish the appropriation with unbudgeted Local Revenue Measure Funds resulting from the passage of Measure G-20 for Fiscal Year 2020-21” to address public health and safety related to homelessness in response to the immediate and long- term impacts of the Covid-19 Pandemic; and 2. Authorize the City Manager, per Resolution No. 11117 (2020 Series), to appropriate $3,425,000 in unbudgeted Local Revenue Measure Funds for the 2020-21 Fiscal Year to replenish the General Fund Unassigned Fund Balance for the efforts described above, subject to concurrence of the Revenue Enhancement Oversight Commission. STUDY SESSION ITEMS 20. STUDY SESSION ON DRAFT ACTIVE TRANSPORTATION PLAN (HORN / SCHWARTZ / FUKUSHIMA – 60 MINUTES) Recommendation: 1. Receive a presentation on the Draft Active Transportation Plan; and 2. Provide comments and direction to staff to guide the final Draft Active Transportation Plan to be considered for adoption. San Luis Obispo City Council Agenda December 8, 2020 Page 10 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 rescheduled Regular City Council Meeting will be held on Tuesday, January 12, 2021 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 dir ect 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. Department Name: Administration Cost Center: 1021 For Agenda of: December 8, 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 Mass Transportation Committee (MTC), as recommended by the Council Liaison Subcommittees. 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. Human Relations Commission: In August 2020, HRC Commissioner Drew Littlejohns tendered his resignation. Recruitment was opened for this commission as there were no candidates available from the annual recruitment listing. Eight qualified candidates were interviewed via teleconference on October 22, 2020 by Council Liaison Subcommittee member Stewart and HRC Chair Renoda Campbell-Monza. Prior to the scheduled November 17, 2020 meeting, the recommended candidate had to disqualify himself for residency reasons. Fortunately, there were other very qualified candidates based on interview performance and candidate background. The sub-committee recommends Dusty Colyer-Worth for appointment to fill the open HRC seat for the remainder of the 4-year term, ending March 31, 2022. Mr. Worth is currently serving on the Diversity, Equity and Inclusion Task Force and his appointment will help continue the work of the DEI-TF and any changes that are accepted and incorporated into the 2021-23 Financial Plan. Mass Transportation Committee: In October 2020, James Thompson had to resign from the committee after over seven years of service. Mr. Thompson vacates the position of “Technical Representative.” Per the MTC bylaws, one voting member shall have “technical transportation planning experience.” Currently MTC member Trevor Freeman, who holds a non-voting seat as an “Alternate” representative, has the necessary qualifications to be the technical representative. Therefore, the Council Liaison sub-committee recommends Mr. Freeman advance to the voting position of Technical Representative. Item 1 Packet Page 1 In doing so, he also inherits the current term-end date of March 31, 2021 for this position. Therefore, the sub-committee also recommends appointing him to the 4-year term beginning April 1, 2021. This leaves the Alternate seat vacant. Two candidates remained on the list from the annual recruitment that ended in March this year. The Council sub-committee liaisons reviewed the candidate applications, interview performance notes, and discussed options with the current Chair of the MTC. Based on this review, the sub-committee recommends Dinah Nassar for appointment to fill the open alternate representative seat for the remainder of the 4-year term ending March 31, 2022. The Annual Advisory Body recruitment cycle is now open. Recruitment is being conducted for positions on the following advisory bodies: • Active Transportation Committee – Two seats • Administrative Review Board – One seat • Architectural Review Commission – One seat • Construction Board of Appeals – Four seats • Cultural Heritage Committee – Three seats • Housing Authority – Three seats • Jack House Committee – Two seats • Personnel Board – Two seats • Planning Commission – Two seats • Parks and Recreation Commission – One Seat • Promotional Coordinating Committee – One Seat • Tourism Business Improvement District Board – Three seats • Tree Committee – Four Seats 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 the HRC was opened August 25, 2020, and recruitment for the MTC was opened on November 20, 2020, with both being posted on the City website Advisory Body Vacancies page, and listed and noticed as required by the “Maddy Act” (GC 54972, Local Appointments List). Item 1 Packet Page 2 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: 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. Item 1 Packet Page 3 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 1 Packet Page 4 San Luis Obispo Page 1 Tuesday, November 10, 2020 Special Closed Session Meeting of the City Council CALL TO ORDER A Special Closed Session Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 10, 2020 at 5:00 p.m. by Mayor Harmon, with all councilmembers 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 Kevin Christian, Deputy City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEMS None ---End of Public Comment--- CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee Organizations: San Luis Obispo City Employee’s Association (SLOCEA) San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees ACTION: No reportable action. Item 3 Packet Page 5 San Luis Obispo City Council Minutes of November 10, 2020 Page 2 B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: San Luis Obispo City Employees Association v. The City of San Luis Obispo; California Public Employment Relations Board Case No. LA-CE-1439-M ACTION: No reportable action. C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9 Name of case: Preserve the SLO Life, Los Verdes Park Unit One Homeowners’ Association, Inc., and Los Verdes Park (Unit Two) Homeowners’ Association, v. City of San Luis Obispo; JM Development Group, Inc., and DOES 1-25, inclusive; San Luis Obispo Superior Court Case No. 20CV-0536 ACTION: On motion by Council Member Pease, second by Council Member Christianson, on a vote of 5-0, to authorize the defense of the CEQA action and authorized staff to enter into a contract with Ty Green of Adamski, Moroski, Madden Cumberland and Green to defend the City, with the representation funded by the Applicant. D. MID-TERM CHECK-IN PERFORMANCE EVALUATION Pursuant to Government Code § 54957(b)(1) Public Employees: City Manager, City Attorney ACTION: No reportable action; performance feedback provided by Council to City Manager and City Attorney. City Manager and City Attorney departed the closed session at 7:07 p.m. E. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Mary Egan, Monica Irons Unrepresented employee: City Manager, City Attorney ACTION: Council met in Closed Session with its labor negotiator Mary Egan, without appointed officials present, and provided direction on motion by Mayor Harmon and a second by Council Member Christianson, on a 4-1 vote (with Vice Mayor Gomez voting “no”) to direct staff to bring forward potential adjustments to appointed officials compensation for open session consideration on December 8, 2020. ADJOURNMENT The meeting was adjourned at 8:08 p.m. 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 Item 3 Packet Page 6 San Luis Obispo Page 1 Tuesday, November 17, 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, November 17, 2020 at 6:03 p.m. by Mayor Harmon, via teleconference. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, and Mayor Heidi Harmon. Council Members Absent: Vice Mayor Aaron Gomez City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None ---End of Public Comment--- APPOINTMENTS 1. ADVISORY APPOINTMENTS FOR UNSCHEDULED VACANCIES City Clerk Purrington presented the contents of the report. Public Comment: None ---End of Public Comments--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 3-1 (With Mayor Harmon voting no and Vice Mayor Gomez absent) to approve the appointment of Matt Quaglino to the Citizens’ Revenue Enhancement Oversight Commission. Item 3 Packet Page 7 San Luis Obispo City Council Minutes of November 17, 2020 Page 2 CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0 (With Vice Mayor Gomez absent) to approve Consent Calendar Items 2 thru 12. Item 11 pulled from Consent and moved to the Business Items Section. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 4-0 (With Vice Mayor Gomez absent), to waive reading of all resolutions and ordinances as appropriate. 3. MINUTES REVIEW - OCTOBER 20, 2020 AND OCTOBER 30, 2020 CITY COUNCIL MINUTES CARRIED 4-0 (With Vice Mayor Gomez absent), to 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) CARRIED 4-0 (With Vice Mayor Gomez absent), to adopt Resolution No. 11180 (2020 Series) 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 CARRIED 4-0 (With Vice Mayor Gomez absent), to approve the Community Development Block Grant and Grants-in-Aid funding priorities for the 2020-21 funding year. 6. APPROVAL OF THE SLO TRANSIT PUBLIC TRANSPORTATION AGENCY SAFETY PLAN CARRIED 4-0 (With Vice Mayor Gomez absent), to adopt Resolution No. 11181 (2020 Series) 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). Item 3 Packet Page 8 San Luis Obispo City Council Minutes of November 17, 2020 Page 3 7. AUTHORIZATION TO ENTER INTO A CONTRACT WITH PG&E TO PARTICIPATE IN THE ELECTRIC VEHICLE FLEET PROGRAM CARRIED 4-0 (With Vice Mayor Gomez absent), to authorize the City Manager to execute an agreement, once provided by PG&E, to participate in the PG&E Electric Vehicle (EV) Fleet Program. 8. MEMORANDUM OF UNDERSTANDING FOR UNDERGROUND UTILITY CONDUIT INFRASTRUCTURE WITH THE COUNTY OF SAN LUIS OBISPO CARRIED 4-0 (With Vice Mayor Gomez absent), to 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 CARRIED 4-0 (With Vice Mayor Gomez absent), to adopt Resolution No. 11182 (2020 Series) 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 CARRIED 4-0 (With Vice Mayor Gomez absent), to: 1. Adopt Resolution No. 11183 (2020 Series) 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 Resolution No. 11184 (2020 Series) 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 Resolution No. 11185 (2020 Series) 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 Item 3 Packet Page 9 San Luis Obispo City Council Minutes of November 17, 2020 Page 4 4. Adopt Resolution No. 11186 (2020 Series) 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.” 12. AUTHORIZATION TO SUBMIT AN APPLICATION FOR REGIONAL EARLY ACTION PLANNING GRANTS PROGRAM CARRIED 4-0 (With Vice Mayor Gomez absent), to approve Resolution No. 11188 (2020 Series) 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 ITEMS AND BUSINESS ITEMS Item 11 pulled from Consent and added to Business 11. AUTHORIZE A TEMPORARY EXTENSION OF THE OPEN SPACE EVENING HOURS OF USE PILOT PROGRAM Deputy City Manager Greg Hermann and Sustainability & Natural Resources Official Robert Hill provided an in-depth staff report and responded to Council questions. Public Comments: Janine Rands ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY MAYOR HARMON, CARRIED 4-0 (With Vice Mayor Gomez absent) to: 1. Adopt Resolution No. 11187 (2020 Series) 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. Item 3 Packet Page 10 San Luis Obispo City Council Minutes of November 17, 2020 Page 5 13. CONSIDERATION OF THE DIVERSITY, EQUITY, AND INCLUSION TASK FORCE RECOMMENDATIONS OF GRANT FUNDING TO HIGH-IMPACT DE&I PROGRAMS City Manager Derek Johnson, Dale Magee, Catalyst Consulting, Beya Makakue and DEI-TF Chair Amman Asdaw provided an in-depth staff report and responded to Council questions. Public Comments: Berbadetta Barnard Sister Theresa Harpin Vivien Devaney Dylan Jones Courtney Haile ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER STEWART, CARRIED 4-0 (With Vice Mayor Gomez absent) to: 1. 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 Finance Director Brigitte Elke and Principal Budget Analyst Natalie provided an in-depth staff report and responded to Council questions. Public Comments: Eric Veium ---End of Public Comment--- ACTION: By consensus, the Council directed staff to receive and file the 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. Item 3 Packet Page 11 San Luis Obispo City Council Minutes of November 17, 2020 Page 6 15. 2020 INTERIM YEAR SOLID WASTE RATE ADOPTION Utilities Director Aaron Floyd and Interim Solid Waste & Recycling Coordinator Jordan Lane provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0 (With Vice Mayor Gomez absent) to adopt Resolution No. 11189 (2020 Series) 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 Community Development Director Michael Codron and Associate Planner Rachel Cohen provided an in-depth staff report and responded to Council questions. Public Comments: Vincent Escoto Jamie Lewis Molly Kern ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 4-0 (With Vice Mayor Gomez absent) to: 1. Adopt Resolution No. 11190 (2020 Series) 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 )” With the added direction that the next Conservation and Open Space Element update include a program to update the Historic Resource Inventory. ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0 (With Vice Mayor Gomez absent) to: 2. Adopt Resolution No. 11191 (2020 Series) 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 an Inclusive and Welcoming Community for Everyone and to Facilitate Voluntary Citizen Action to Redact or Repudiate Racist and Discriminatory Verbiage from Their Property Deeds.” Item 3 Packet Page 12 San Luis Obispo City Council Minutes of November 17, 2020 Page 7 With the following changes: Remove the word safe and remove the deed and replace with restrictive covenants, as indicated below. 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 AN 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 AND RESTRICTIVE COVENANTS WHEREAS, the City Council of San Luis Obispo, recognize and acknowledge, as representatives of the City of San Luis Obispo, that various deeds and restrictive covenants 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 restrictive covenants; 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 SECTION 1. The City Council is committed to San Luis Obispo being a welcoming, and 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. SECTION 3. The City Council shall encourage and inform San Luis Obispo landowners of the ability to redact illegal verbiage in existing property deeds and restrictive covenants, 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. And adding the following: WHEREAS, restrictive covenants limited property ownership for non-whites, directly contributing to significant wealth inequities and systemic racism experienced today; and WHEREAS, restrictive covenants influenced land use and settlement framework throughout the City of San Luis Obispo and surrounding area, creating patterns of racial segregation still experienced today; and WHEREAS, while acknowledgment and removal is an important symbolic gesture, the City recognizes gestures are not enough and commits to strongly considering recommendations from the Diversity, Equity and Inclusion Taskforce in regard to inclusion and equity in housing. Item 3 Packet Page 13 San Luis Obispo City Council Minutes of November 17, 2020 Page 8 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) Community Development Director Michael Codron and Contract Project Manager John Rickenbach provided an in-depth staff report and responded to Council questions. ACTION: MOTION BY COUNCIL MEMBER STEWART, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0 (With Vice Mayor Gomez absent) to continue the item to a date certain on November 18, 2020 at 5:00 p.m. 18. CONSIDER ADOPTING A RESOLUTION ESTABLISHING CITY SUPPORT FOR H.R. 1384, THE MEDICARE FOR ALL ACT OF 2019 City Manager Derek Johnson provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY MAYOR HARMON, SECOND BY COUNCIL MEMBER STEWART, CARRIED 3-1 (With Council Member Christianson voting no and Vice Mayor Gomez absent) to adopt Resolution No. 11193 (2020 Series) 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. COUNCIL COMMUNICATIONS AND LIAISON REPORTS None. ADJOURNMENT The meeting was adjourned at 11:58 p.m. to the continued meeting on November 18, 2020 at 5:00 p.m. The next Regular City Council Meeting is scheduled for Tuesday, December 1, 2020 at 6:00 p.m., via teleconference. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: XX/XX/2020 Item 3 Packet Page 14 San Luis Obispo Page 1 Wednesday, November 18, 2020 Adjourned Continued Meeting of the City Council CALL TO ORDER An Adjourned Continued Meeting of the San Luis Obispo City Council was called to order on Wednesday, November 18, 2020 at 5:03 p.m. by Mayor Harmon, via teleconference. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, and Mayor Heidi Harmon. Council Members Absent: Vice Mayor Aaron Gomez City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 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) Applicant’s Representative, Rachel Kovesdi, provided a PowerPoint on the proposed project and responded to Council questions. Community Development Director Michael Codron and John Rickenback, Consultant, responded to Council questions. Public Comments: None ---End of Public Comment--- Item 3 Packet Page 15 San Luis Obispo City Council Minutes of November 18, 2020 Page 2 ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0 (With Vice Chair Gomez absent) to adopt Resolution No. 11192 (2020 Series) 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 Re sidential 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.) ADJOURNMENT The meeting was adjourned at 5:49 p.m. The next Regular City Council Meeting is scheduled for Tuesday, December 1, 2020 at 6:00 p.m., via teleconference. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: XX/XX/2020 Item 3 Packet Page 16 Department Name: Administration Cost Center: 1021 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Teresa Purrington, City Clerk SUBJECT: SCHEDULE OF CITY COUNCIL MEETINGS FOR 2021 RECOMMENDATION Adopt the proposed 2021 Regular City Council Meeting Schedule (Attachment A) with meetings normally held the first and third Tuesday of every month, with the following exceptions: 1. Reschedule the Regular City Council meeting of January 5 to January 12, 2021; and 2. Cancel the Regular City Council meetings of August 3 and December 21, 2021. DISCUSSION The City Council’s regular meetings are scheduled for the first and third Tuesday of every month pursuant to Section 1.1.2.1 of the Council Policies & Procedures. The proposed 2021 meeting schedule is provided for Council consideration (Attachment A). Background Since 1994, it has been the practice of the City Council to cancel a regular meeting in the months of August and/or December. This practice allows the Council an opportunity to plan vacations, reduce meeting absences, and maximize public participation. Historically the first meeting in August has been cancelled and when the second meeting in December falls close to the holidays, the second meeting in December has been cancelled. The draft schedule proposes to cancel the first meeting in August and the second meeting in December and reschedule the January 5th meeting to January 12th. Additionally, four Special Meeting dates related to the 2021-2023 Financial Plan have been added including the Community Forum on January 14, 2021, the Goal Setting Workshop on February 6, 2021; and budget workshops on April 20, 2021 and June 1, 2021. Final budget adoption is scheduled for June 15, 2021. A meeting has been calendared for June 22, 2021 if Council needs additional time to conclude budget deliberations. Policy Context The recommended action follows previously established practice for cancelling and rescheduling of meetings. Item 4 Packet Page 17 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. 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: Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund State Federal Fees Other: Total There are no fiscal impacts associated with approving the Council meeting dates for 2021 as they are already accounted for in the annual budget. ALTERNATIVES Council could choose a different date in August and/or December to cancel or choose not to cancel either of those meetings. Attachments: a - 2021 Council Meeting Schedule Item 4 Packet Page 18 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 1 2 3 4 5 6 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 3 1 1 2 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 30 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 3 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 1 2 3 4 5 6 1 2 3 4 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 {42}26 27 28 29 30 31 31 Special Meetings City Council Meeting Schedule December July Au gust Ap ril May June Re-scheduled Regular Jan 6 to Jan 13 January February March Regular Meetings Recommend Cancellation Holidays September 2021 October November Item 4 Packet Page 19 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 4 Packet Page 20 Department Name: Fire Cost Center: 8599 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Keith Aggson, Fire Chief SUBJECT: APPROVAL OF THE UPDATED COMPREHENSIVE DISASTER LEADERSHIP PLAN ADDITION OF UTILITY DISRUPTION AND PANDEMIC ANNEX RECOMMENDATION 1. As the City Council, receive and approve the Comprehensive Disaster Leadership Plan (CDLP) Utility Disruption Annex (Attachment A) and Pandemic Annex (Attachment B); and 2. As the Disaster Council, receive and approve the CDLP Utility Disruption Annex and Pandemic Annex. DISCUSSION The Fire Department is responsible for reviewing, maintaining, and updating the City’s adopted Comprehensive Disaster Leadership Plan (CDLP) (Attachment C). The CDLP is a comprehensive all-hazard document that City staff, public safety, and public service personnel can utilize as a guide while providing critical services during a disaster or large -scale emergency. The CDLP includes annex plans for specific hazards that have been identified in the City’s Local Hazard Mitigation Plan. The CDLP does not supersede the established protocols for responding to day-to-day emergencies such as fire service, law enforcement, or other departments. Rather, it focuses on those emergency conditions that will require additional and coordinated response beyond the ability of any one or set of departments to respond. Based on recent developments, the Fire Department realized that the current CDLP was lacking inclusive Utility Disruption (i.e. Public Safety Power Shutoff (PSPS)) and Pandemic guiding annexes. To respond to and mitigate a PSPS, City staff developed the PSPS Continuity of Operations Plan (COOP), which specifically addressed each section’s responsibility to a City-wide response to a “planned” utility outage. The COOP will remain a working document in the event of a PSPS. However, the recommended The Utility Outage annex is specific to activation response activities necessary to support the City EOC during a sustained power outage. Item 5 Packet Page 21 Additionally, the CDLP did not include a Pandemic annex for a public health event when the overall EOP was adopted back in XXX. Staff felt it was necessary to look at best practices and lessons learned from the current pandemic and utilized allied agency pandemic annex information, the City’s current response to COVID-19 incident action plan (IAP), and various resources to develop the supporting response annex. The format and delivery are in alignment with the current CDLP annexes. Work on the new annexes began in the late spring of 2020 and were finalized in October of 2020. The Fire Department’s internal resources converted existing Continuity of Operations Plans for the Public Safety Power Shut-off and COVID-19 Incident Action Plan into FEMA compliant response annex guides. The new annexes are in alignment with current annexes recently adopted and are designed to be simpler and more straightforward to allow City staff to more easily familiarize themselves with the guidance during times of disaster or large-scale emergency related to a power outage or pandemic. Previous Council or Advisory Body Action On April 21, 2020, the City Council adopted the City’s current CDLP and supporting Annexes which was approved to continue compliance with the Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS) and the National Response Framework (NRF). Policy Context The Charter of the Disaster Council identifies the need for plan approval through Disaster Council. Resolution to the staff report and attachments2.24.040 Disaster Council – Powers and duties: It shall be the duty of the disaster council, and it is empowered, to review and approve the emergency operations plan and mutual-aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the emergency services director or, in his or her absence from the city or inability to call such meeting, upon call of the deputy emergency services director. (Prior code § 2430.2). Public Engagement This item is on the agenda for the December 8, 2020 City Council meeting and will follow all required postings and notifications. The public will have the opportunity to provide comment on this item at or before the meeting. Additionally, public engagement was completed during the formation of the recently adopted CDLP. 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. Item 5 Packet Page 22 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 N/A State Federal Fees Other: Total N/A There is no fiscal impact associated with approving the Comprehensive Disaster Leadership Plan as the plan provides guidance to the City during times of emergencies. ALTERNATIVES Continue to utilize the existing incident action plan for COVID pandemic and Continuity of Operations Plan for public safety power shut-off (PSPS). This is not recommended as the existing plans are not response guidance documents and would need significant revisions and updates for use to ensure the City can successfully prepare for, respond to, and recover from disasters in the City. Attachments: a - Utility Disruption Annex 2020 b - Pandemic Annex 2020 c - COUNCIL READING FILE - Comprehensive Disaster Leadership Plan 2020 Item 5 Packet Page 23 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption ANNEX I Developed for: Derek Johnson City Manager City of San Luis Obispo San Luis Obispo, CA. Developed by: Keith Aggson Fire Chief City of San Luis Obispo San Luis Obispo, CA Item 5 Packet Page 24 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 2 of 21 APPROVAL AND IMPLEMENTATION This Continuity of Operations Plan (COOP) for a Utility Disruption event was prepared by the City of San Luis Obispo Leadership Team to develop, implement, and maintain City operations. This plan (annex) serves as an extension of the City of San Luis Obispo Comprehensive Disaster Leadership Plan (CDLP) and provides additional information specific to extended power outages in the City. It is implied that upon activation of this plan, the CDLP will be active. This plan will be reviewed and exercised periodically and revised as necessary to satisfy changing conditions an d needs. The City Council, City Administration and City Departments give their full support to this plan. The City of San Luis Obispo Utility Disruption plan and its supporting contents are hereby approved to become an annex to the SLO City EOP and is effective immediately upon the singing by all signature authorities below. Keith Aggson Date Fire Chief City of San Luis Obispo Fire Department Derek Johnson Date City Manager City of San Luis Obispo Item 5 Packet Page 25 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 3 of 21 FORWARD The City of San Luis Obispo Utility Disruption Annex provide an overview of the City’s approach to continuity of operations should a planned power outage occur. It details City actions, describes the City organization, and assigns tasks. This plan provides guidance for implementing the Annex to ensure the orderly, rapid, and efficient actions of mission essential functions occur under the threat and condition of power outage impacts and disruptions of City services to the best of our abilities. This plan will also be an important reference during a multi-day power outage regardless of the cause, including disasters. While the severity and consequences of an emergency cannot be predicted, effective contingency planning can minimize the impact on City of San Luis Obispo missions, personnel, and facilities. SITUATIONAL SUMMARY San Luis Obispo City is serviced by Pacific Gas and Electric (PG&E) utility company for electrical power. PG&E electricity is delivered to the City via a 115 kilovolt (kV) transmission line and three 21kV distribution lines coming from the Morro Bay area. There are no redundant or backup facilities or resources for continuous electrical service during a Utility Disruption. The Utility Disruption Annex was established to ensure protection of the community during prolonged or multi-day power outages. The expectation of the City of San Luis Obispo is that the City and San Luis Obispo County Office of Emergency Services (OES) will work together in the implementation of this plan to protect City employees, City infrastructure, and to ensure the overall health and safety of the community. The City is committed to working together to mitigate the impacts of a multi-day power outage. BACKGROUND Given the continued and growing threat of extreme weather and wildfires, and as an additional precautionary measure PG&E is expanding and enhancing their Community Wildfire Safety Program. This includes expanding the Public Safety Power Shutoff program to include all electric lines that pass through high fire-threat areas: both distribution and transmission lines. PG&E has communicated they will only proactively turn off lines in the interest of safety to help reduce the likelihood of an ignition when extreme fire danger conditions are forecasted. In addition, climate change has directly impacted adverse weather patterns where wind, rain and flooding events can compromise the cities electrical grid system. COORDINATED RESPONSE When a Utility Disruption event impacts the City of San Luis Obispo and surrounding jurisdictions, Unified Command will be established by the San Luis Obispo County Office of Emergency Services (OES) and charged with coordinating the regional response. Item 5 Packet Page 26 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 4 of 21 ICS/SEMS/NIMS The City of San Luis Obispo has adopted the Incident Command System (ICS), the Standard Emergency System (SEMS), and the National Incident Management System (NIMS) as the emergency organization and the emergency management system for response to a Utility Disruption event impacting the City of San Luis Obispo. UNIFIED INCIDENT COMMAND AUTHORITY In the event of a Utility Disruption Incident, the Fire Chief will assume the position of Unified Incident Commander. In the event the Fire Chief is not available, the following chain of command is provided to identify authorized alternates to fill the City of San Luis Obispo's position as Incident Commander. No. 1 – The Police Chief No. 2 – The Deputy Fire Chief or Police Captain No. 3 – On-Duty Fire Battalion Chief or Police Lieutenant The Unified Incident Commander will alert the San Luis Obispo City Manager as to the severity of the incident. EMERGENCY OPERATIONS CENTER LEADERSHIP The City Manager is the Emergency Services Director. The Assistant City Manager is the Deputy Emergency Services Director, and the Deputy City Manager is the alternate as needed. PERSONS WITH BASELINE MEDICAL, ACCESS AND FUNCTIONAL NEEDS It is the intent of the City of San Luis Obispo to ensure Community Members with Baseline Medical needs and Functional Access Needs have equal services and are prioritized during an emergency. Item 5 Packet Page 27 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 5 of 21 Table of Contents Approval and Implementation ................................................................................................... 2 Forward ..................................................................................................................................... 3 Situational Summary ................................................................................................................. 3 Background................................................................................................................................ 3 Coordinated Response ............................................................................................................... 3 ICS/SEMS/NIMS ......................................................................................................................... 4 Unified Incident Command Authority ......................................................................................... 4 Emergency Operations Center Leadership…………………………………………………………………………………4 Persons with Baseline Medical, Access and Functional Needs……………………………………………………4 I. Essentials A. Initiating Event ............................................................................................................... 7 B. Initial Alerting ................................................................................................................. 7 C. UTILITY DISRUPTION Ready Weather Advisory: 48 Hours Before Onset of Fire-Prone Weather ........................ 9 D. UTILITY DISRUPTION Set Weather Warning: 24 Hours Before Onset of Fire-Prone Weather ........................ 9 E. UTILITY DISRUPTION GO De-Energization Imminent or Confirmed: 24 Hours of Less from UTILITY DISRUPTION Notification from Electrical Companies ........................ 10 F. Utility Disruption Activated .......................................................................................... 10 G. Dispatch ........................................................................................................................ 10 H. City Personnel Notification/Activation ......................................................................... 10 I. Contingency Plan Objectives ......................................................................................... 11 J. Response ....................................................................................................................... 11 K. Emergency Response Levels ......................................................................................... 12 L. Utility Disruption Cancelled, Power Restored ............................................................... 12 II. Potential Impacts A. Leadership ………………………………………………………………………………………………………….....13 B. Emergency Reporting ................................................................................................. 13 C. Evacuation………………………………………………………………..…………………………………………….13 D. Resource Center Information…………………………………………..………………………………..……13 E. Animal Sheltering…………………………………………………………..………………………………..……..14 F. School Disruptions ...................................................................................................... 14 G. Emergency Services ……………………………………………………………….……………………….……..14 H. City Utilities (Water and Sewer) ……………………………………………….…………………………….15 I. Transportation Systems…………………………………………………………….…………………………….15 J. Communication Disruptions………………………………………………………………………..………….15 K. Emergency Public Information………………………………………………………………………….……. 15 L. Security…………………………………………………………………………………………………………….…….15 III. Utility Disruption Annex Activation…………………………………………………………………………............ 15 IV. SLO County Office of Emergency Services (OES) ................................................................... 16 V. Recovery ............................................................................................................................... 16 Item 5 Packet Page 28 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 6 of 21 A. Re-Energization………………………………………………………………………………………………………….16 B. Demobilization…………………………………………………………………………………………………………..16 C. Final Report and Activity Log……………………………………………………………………………………..17 X. Special Considerations .......................................................................................................... 17 A. Funding UTILITY DISRUPTION Event ............................................................................... 17 XI. Revision Page ...................................................................................................................... 17 APPENDIX 1: COMMUNICATIONS INFORMATION ....................................................................... 18 Item 5 Packet Page 29 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 7 of 21 I. Essentials A. Initiating Event Any notification of anticipated severe fire weather concerns that will create the need for Pacific Gas and Electric (PG&E) to shut-off power to the SLO grid or grids will be considered an “initiating event” for plan activation. Weather threats can change quickly. PG&E’s goal is to provide customers with advance notice prior to turning off power. The PG&E event notification will include: 1. Estimated start time of a potential event 2. Forecasted weather duration 3. Estimated time range to full restoration 4. Number of medical baseline customers in the potentially impacted area 5. Weather and Utility Disruption information can be found at www.pge.com/weather 6. Maps that include boundaries of the area subject to de-energization and affected circuits will be posted at www.pge.com/pspsportal B. Initial Alerting Upon notification from PG&E of proposed Utility Disruption the following actions should be followed: 1. Dispatch a. The San Luis Obispo Emergency Communications Dispatch Center will notify the City Manager, Police and Fire Chiefs or designees of Utility Disruption notification. 2. SLO City Outage Policy Group Decision Points and Respective Actions a. In the event of a Utility Disruption event, Pacific Gas and Electric (PG&E) have advised they will provided advanced notice. At each notice point it is recommended an operational conference call occur to discuss EOC activation need and immediate preparation and response needs. 3. Known UTILITY DISRUPTION Prediction 48 Hours Response Process a. Operational Area Conference Call Activation with: i. SLO City EOC Director or Designee ii. SLO City Fire & Police Chief iii. SLO County OES Director or Duty Officer iv. Cal Poly EOC Director or Designee v. CAL FIRE Chief or Duty Chief vi. San Luis Coastal School District Director or Designee b. Objectives to be discussed during the conference call: i. Attain situational awareness on weather conditions and electrical company decisions. ii. Review the anticipated area of anticipated de-energization. iii. Identify actions already taken. iv. Identify incident-specific concerns. v. Present the EOC Director with recommended courses of action. vi. Recommend to the EOC Director whether to implement all or part of the COOP. c. Actions to be taken Item 5 Packet Page 30 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 8 of 21 Department Heads & Elected Officials notified by SLO City EOC Director or Designee i. Emergency Communications Dispatch Center to monitor PG&E information site ii. EOC PIO Immediately implement crisis communications plan iii. San Luis Coastal School District Superintendent or designee iv. Notify City Council 4. Known UTILITY DISRUPTION Prediction 24 hours Response Process a. Operational Area Conference Call Activation SLO City EOC Director or Designee i. SLO City Fire & Police Chief ii. SLO County OES Director or Duty Officer iii. Cal Poly EOC Director or Designee iv. CAL FIRE Chief or Duty Chief v. San Luis Coastal School District Superintendent or Designee b. Objectives to be discussed during the conference call: i. Attain situational awareness on weather conditions and electrical company decisions. ii. Review the anticipated area of anticipated de-energization. iii. Identify actions already taken. iv. Identify incident-specific concerns. v. Present the EOC Director with recommended courses of action. vi. Determine whether to implement all or part of the Utility Disruption Annex. c. Actions to be taken i. Department Heads & Elected Officials notified by SLO City EOC Director or Designee ii. Emergency Communications Dispatch Center to monitor PG&E information site iii. Immediately implement crisis communications plan 5. Known UTILITY DISRUPTION Prediction <2 Hours Response Process a. Operational Area Conference Call Activation i. SLO City EOC Director or Designee ii. SLO City Fire & Police Chief iii. SLO County OES Director or Duty Officer iv. Cal Poly EOC Director or Designee v. CAL FIRE Chief or Duty Chief vi. San Luis Coastal School District Director or Designee b. Objectives to be discussed during the conference call: i. Attain situational awareness on weather conditions and electrical company decisions. ii. Review the anticipated area of anticipated de-energization. iii. Identify actions already taken. iv. Identify incident-specific concerns. v. Present the EOC Director with recommended courses of action. vi. Determine implementation of all or part of the Utility Disruption Annex. Item 5 Packet Page 31 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 9 of 21 vii. PIO communicate Utility Disruption activation probable, directing community members to exercise their preparedness plans. This includes all buildings with elevators consider locking them out to reduce the chance of entrapment. viii. Stop use of heavy machinery ix. Disconnecting electronic equipment x. Store drinking water in containers xi. Do not use generators or BBQ indoors as they can cause CO poisoning xii. Do not use generators not professionally installed can cause back- feed hazard. c. Actions to be taken i. Department Heads & Elected Officials notified by SLO City EOC Director or Designee ii. SLO City EOC Director or Designee determines and communicates activation of EOC to appropriate level 1. Department Heads or assignee report to EOC as required 2. Section Coordinators or assignee report to EOC as required 3. Elected Officials report to EOC as required 4. Recall Safety Employees to duty as required 5. Notify Cal Poly, Co. OES and CAL FIRE EOC is activated iii. ECC and EOC monitor PG&E information site iv. EOC PIO Immediately implement crisis communications plan C. UTILITY DISRUPTION Ready – Weather Advisory: 48 Hours Before Onset of Fire-Prone Weather 1. Following notification from PG&E, the City Public Information Officer (PIO) and Fire Department should notify the public of the decision by the utility of a possible electrical de- energization. www.pge.com/weather, http://critweb-outage.pgealerts.com/ 2. Provide National Weather Service forecasts for the potential of high-fire risk weather to occur within 48 hours and the public should now get “Ready” for a wildland fire. https://www.readyforwildfire.org/prepare-for-wildfire/ready-set-go-campaign/ 3. Community members should be encouraged to closely monitor the weather and understand what constitutes “fire-prone weather,” such as Red Flag Watches and Warnings. 4. Community members, who are sensitive to heat or dependent on electricity, should start to prepare if weather becomes extreme or should de-energization occur. 5. Preparation information can be found at: https://www.slocity.org/home/showdocument?id=23566 D. UTILITY DISRUPTION Set – Weather Warning: 24 Hours Before Onset of Fire-Prone Weather 1. Following notification from PG&E, the City Public Information Officer (PIO) and Fire Department should notify the public of the decision by the utility of a possible electrical de- energization. www.pge.com/weather, http://critweb-outage.pgealerts.com/ 2. Provide National Weather Service forecasts for the potential of high-fire risk weather to occur within 24 hours and the public should now get “Ready” for a wildland fire. https://www.readyforwildfire.org/prepare-for-wildfire/ready-set-go-campaign/ Item 5 Packet Page 32 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 10 of 21 3. Community members should be encouraged to closely monitor the weather and understand what constitutes “fire-prone weather,” such as Red Flag Watches and Warnings. 4. Community members, who are sensitive to heat or dependent on electricity, should start to prepare if weather becomes extreme or should de-energization occur. 5. Preparation information can be found at: https://www.slocity.org/home/showdocument?id=23566 E. Utility Disruption Go – De-Energization Imminent or Confirmed: 24 Hours or Less from UTILITY DISRUPTION Notification from Electrical Companies 1. The City Public Information Officer (PIO) and Fire Department should notify the public that notice have been given by PG&E indicating their intention to de-energize the power grid within San Luis Obispo County and provide accurate information on the locations. http://critweb-outage.pgealerts.com/ 2. Community members should exercise their UTILITY DISRUPTION Ready-Set-Go plan, which may include evacuation to a non-affected area, and “Go.” 3. Community members should be directed to https://www.slocity.org/ & https://www.readyslo.org for up-to-date UTILITY DISRUPTION information, including outage maps, the City call line, the electrical companies’ public assistance line, resource centers and other applicable information. F. Utility Disruption Activated 1. Operational Area Conference Call Activation a. SLO City EOC Director or Designee b. SLO City Fire & Police Chief c. SLO County OES Director or Duty Officer d. Cal Poly EOC Director or Designee e. CAL FIRE Chief or Duty Officer 2. Actions to be taken a. EOC Director, Staff & Section Coordinators activate the Utility Disruption COOP at appropriate level as determined by EOC Director or assignee b. EOC Director will direct the level of Incident Action Plan (IAP) development as necessary G. Dispatch 1. The San Luis Obispo Emergency Communications Dispatch Center will notify the City Manager, Police and Fire Chiefs or designees of Utility Disruption notification. H. City Personnel Notification /Activation 1. The on-duty dispatchers will: a. Alert all off-duty police, fire, utilities, and public works personnel to contact their respective departments to determine activation and reporting to duty needs. b. This may be accomplished through assistance from each specific department. 2. Dispatchers will poll on-duty police and fire units for: a. Confirmation if stations are running on generator power and fuel status. b. Confirmation of on-duty available resources and actions. c. Information will be communicated to the EOC Director or designee. Item 5 Packet Page 33 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 11 of 21 I. Contingency Plan Objectives 1. Objectives a. Provide for the safety of the public, agency employees, and first responders. b. Ensure that emergency service delivery efforts, both law enforcement, fire, and emergency medical service, are uninterrupted. c. Provide for timely and accurate release of incident information to the public, media, first responders, agency administrators and cooperators by the EOC Public Information Office. d. Protect the continuity of critical infrastructure (water/sewer), processes, essential services, and facilities with the installation of temporary power generation if back- up power does not already exist. e. Ensure coordination with law enforcement to maintain the protection of the public and maintain accountability of the portable generator’s security. f. Ensure that the needs of medically dependent individuals and those with access and functional needs are contacted and assisted as needed/able. g. A fuel distribution plan has been developed that is implementable and provides for continuous operations. h. Ensure the Ludwick Center, identified as the City Resource Center, is supported by Parks and Recreation. i. Ensure close coordination and communication between Cal Poly, SLO County, San Luis Coastal and the City of SLO. j. Ensure close coordination and communication between, Co. OES/EOC, MHOAC (local hospitals, care facilities, SLO Ombudsman) and the City of SLO, and Cal Poly. k. Support medical shelters as needed. l. Maintain close coordination and communication between all affected public agencies, incident management, and PG&E, for the activation of the Utility Disruption Annex. J. Response 1. Emergency Operations Center Locations: a. The following are the EOC locations for an emergency event. (Note: These locations may be adjusted or changed depending on the specific circumstances of event). Primary: San Luis Obispo City Fire Department 2160 Santa Barbara Ave. San Luis Obispo, CA 93401 Secondary: Ludwick Community Center 864 Santa Rosa Street San Luis Obispo, CA 93401 2. Emergency Operations Center – Levels of Activation The number of City staff at the EOC will depend on the level of activation. The person authorizing the activation of the EOC will determine the Level of Activation. The EOC Director or Deputy EOC Director may change the activation level throughout the emergency as needed. The levels of activation are: a. EOC LEVEL 1: A major disaster where local resources are overwhelmed. State and/or federal resources are required. A local emergency and a state of emergency will be proclaimed. A Presidential Declaration of Emergency or major Item 5 Packet Page 34 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 12 of 21 disaster will be requested. The EOC will be staffed to the highest number of personnel possible or necessary. b. EOC LEVEL 2: A moderate to severe emergency wherein local resources are not adequate and mutual aid may be required on a regional or even statewide basis. A local emergency and a state of emergency may be proclaimed. The EOC will be moderately staffed. c. EOC LEVEL 3: A minor to moderate incident wherein local resources are adequate and available. A local emergency may or may not be declared. The EOC will be minimally staffed. K. Emergency Response Levels 1. Levels of response may vary due to areas effected, time of outage, collateral issues, and incident response personnel needs. Emergency planning for a Utility Disruption event is broken down into three levels: a. Level 1, Severe Emergency: Total recall of all off-duty police and fire department personnel, activation of all city department staffing plans and request the San Luis Obispo City Manager or assignee and all department heads, to report to the City’s Emergency Operations Center. b. Level 2, Escalating Emergency: Increased number of incidents due to a Utility Disruption event. On-duty crews cannot keep up with calls; however, the incident can be handled by calling out all off-duty Police and Fire Department employees and with the assistance on-duty fire and police units. c. Level 3. Non-Emergency: Always in effect day-to-day routine operations. No excessive incident loads. On-duty crews can handle all calls. L. Utility Disruption Cancelled, Power Restored 1. Operational Area Conference Call Activation a. SLO City EOC Director or Designee b. SLO City Fire & Police Chief c. SLO County OES Director or Duty Officer d. Cal Poly EOC Director or Designee e. CAL FIRE Chief or Duty Officer 2. Actions to be taken a. Department Heads & Elected Officials notified by SLO City EOC Director or Designee b. Media release messaging in parallel with PG&E c. Visual inspection of the system for damage to restore power may take up to 48 hours. d. As incident deescalates i. Systematically release all city staff ii. EOC Director or Designee directs closure of EOC operations iii. Restock and prepare for future Utility Disruption e. Conduct After Action Review f. Create an After Action/Improvement Plan Item 5 Packet Page 35 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 13 of 21 II. Potential Impacts The following discussions attempts to present the most likely impacts from a Utility Disruption event occurring in or near the City of San Luis Obispo. These potential emergencies are discussed in detail below as a basis for planning and response. This Plan does not presume to predict the full range and depth of Utility Disruption event consequences. It does, however, attempt to reflect the most accurate estimate of the nature of emergencies resulting from a Utility Disruption impacting event occurring in, or threatening the City of San Luis Obispo. A. Leadership 1. The strain on local government and its emergency response organization to command and coordinate the response to an extreme Utility Disruption event could be immediate, severe, and overwhelming. 2. Out-of-county assistance from state, federal, mutual aid and private agencies will probably not be needed in anything but the most extreme situations where power outages exceed 48 hours. 3. Logistical support and/or mutual aid requests may have extended arrival time. B. Emergency Reporting 1. A Utility Disruption event may initiate or exacerbate emergencies. 2. Such an occurrence is reasonably anticipated to overwhelm emergency response resources and necessitate a change to the traditional response protocol. 3. Reporting emergencies via a 911-phone dependent system may be overloaded the first several hours of the incident. 4. Challenges may be in an overloaded cellular system as citizens turn to cellular data for information. C. Evacuation 1. The purpose of an evacuation is to move the population in an affected area away from the possible hazards. 2. Evacuation for short duration power outages should not be necessary and avoided when possible, and community members should be encouraged to shelter in place. 3. Evacuation of specific populations may be indicated when: a. Baseline medical patients need definitive care at hospital or medical facility. b. Power outage is anticipated to exceed 48 hours. c. Managed care facilities activate their emergency plan to move their baseline clientele. d. During extreme temperatures when fans and HVAC system are not available for vulnerable populations. D. Resource Center Information 1. PG&E is responsible for opening “Resource Centers” for daytime use during a Utility Disruption 2. Pre-identified resource centers should be considered for use in providing resources and limited daytime shelter to displaced individuals during an extended outage. 3. The City in cooperation with the County may need to support medical shelters for 24-hour use. The decision will be made at the time based upon the needs and number of displaced Item 5 Packet Page 36 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 14 of 21 individuals and whether they have on-going medical issues like the need for electrically operated supplemental oxygen concentrators/generators, CPAP, home dialysis machines, sensitivity to heat emergencies etc. 4. SLO County EOC Mass Care (CHADOC) and Public Health officials may provide shelter assistance. 5. Assistance may be limited from Red Cross as power outages are considered a planned event and not disaster assistance. 6. The evacuation population is the number of people that the space can hold if we do not need to set up cots. 7. The shelter population number is the number we could support in the space if we must house them overnight (shelter population = half of evacuation population). E. Animal Sheltering 1. Animal shelter may be a long-term requirement for extended power outages; however, community members should be directed where to take animals during evacuation whenever possible. 2. Potential resources: a. SLO Co. Animal Services (animals including dogs, cats, rabbits, birds, chickens) b. SLO FFA (large animals, livestock) c. Mid-State Fairgrounds (large animals, livestock) d. Santa Maria Fair Park (large animals, livestock) 3. The American Red Cross has disaster trailers (which are staged at various locations around the County) and can be stocked with some crates, food, and bowls. 4. Due to loss of water pumps on private property, water for large animals may become an issue. 5. The County Ag Commissioner should be consulted to identify impacts. F. School Disruptions 1. Schools would be immediately disrupted requiring them to either shelter in place, close or evacuate. 2. Communication with SLO Coastal School District via SLOPD school resource officer as needed. G. Emergency Services 1. Emergency medical services may become overwhelmed due to baseline medical community needs. 2. Fires, wildland, or structure may pose extreme public hazard should water systems dependent on power be compromised. 3. Technical Rescues of various types could occur as a result of power outages such as elevator entrapment. H. City Utilities (Water and Sewer) 1. The Utilities Department has worked to ensure that necessary water and sewer facilities have power generation equipment to maintain service through Utility Disruption event. 2. Water storage tanks should be topped off upon the first notification of a possible Utility Disruption. Item 5 Packet Page 37 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 15 of 21 3. Water treatment and storage capacity may be reduced during a Utility Disruption event, the public should make all efforts to eliminate outdoor irrigation and unnecessary indoor water use. 4. If backup generators fail and positive pressure is lost within the City’s water distribution system, the County Health Officer may need to issue a boil water notice to the community immediately to ensure public health is protected. I. Transportation Systems 1. A Utility Disruption will likely disrupt normal transportation systems causing severe traffic management problems as well as delays to response, evacuation, and logistical support. 2. Transit systems would remain operational as determined by the EOC. 3. Additional public works staff and resources maybe necessary to assist police in traffic control. J. Communication Disruptions 1. Telephone equipment, both hard wired, cellular and voice over internet (VOIP) could be adversely affected. 2. Hard wired phones may remain in-service however overloading may occur. 3. Cellular may remain in-service however overloading (data) may occur. 4. Voice over internet would be out of service and unusable. K. Emergency Public Information 1. During a UTILITY DISRUPTION event, the public will need basic emergency public information. 2. This information will be provided by the City of San Luis Obispo's Public Information Officer via a wide range of both public notification systems and social media. 3. Information streams may become challenged over time as cell phone power is lost. 4. The need for a staffed call center will be needed, this could be in conjunction with the County. L. Security 1. Access into and out of the impacted area, mostly to ensure public safety, will be a consideration for law enforcement. 2. Alarm systems may fail or malfunction resulting in additional PD calls as well as a security risk. III. Utility Disruption Annex Activation 1. Any Utility Disruption event that in the opinion of the San Luis Obispo City Manager, Fire Chief (or designee), Police Chief (or designee) that warrants the activation of Utility Disruption Annex shall be communicated to ALL Emergency Operations Center staff (EOC). 2. If confirmed impacts are brought to the attention of the City of San Luis Obispo Emergency Communications Center, contact with the Unified Incident Commander (or authorized alternate) should occur. 3. Additionally, if contact with the Unified Incident Commander or any authorized alternate cannot be made, the on-duty Battalion Chief or highest-ranking Police Supervisor may recommend Utility Disruption Annex. Item 5 Packet Page 38 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 16 of 21 4. When there is a sustained area wide electrical outage that is estimated to be over 6 hours, the Emergency Operation Center (EOC) will facilitate an Outage Policy Group meeting either in person or by conference call. The responsibility of the Outage Policy Group would be to recommend to the Director of Emergency Operations Center whether to implement all or part of this Utility Disruption Annex. IV. SLO County Office of Emergency Services (OES) 1. The SLO County Office of Emergency Services (OES) coordinates all requests for assistance from San Luis Obispo County (beyond mutual aid agreements established for fire, law, medical, or public works resources). To request assistance from San Luis Obispo County, contact the Duty Officer at +1 (805) 781-1144. 2. The San Luis Obispo County Office of Emergency Services (OES) will receive official notification of a potential Utility Disruption. The City and community may also receive notifications from PG&E. OES will provide notification information to partner organizations to share information received from the PG&E portal. The City also has access to the PG&E portal. 3. OES will conduct an Operational Area (OA) conference call(s) as needed with the respective agencies affected. The City EOC Director, Fire Chief and Police Chief or their Designees will participate in the OA conference call. V. Recovery The City of San Luis Obispo has a Recovery Plan under development as part of the City of San Luis Obispo’s Comprehensive Emergency Management Plan. The following points are a short Recovery. A. Re-Energization 1. During transition into a recovery phase, areas affected by the Utility Disruption event should be inspected to determine if they are safe for public re-entry. Based on joint concurrence by the Unified Command Staff, re-entry will be authorized, and a Public Information message to that effect will be issued. B. Demobilization 1. When response agencies are nearing completion of the last remaining life-safety Protective Action Missions, and when the Emergency Services Director (San Luis Obispo City Manager) or the Deputy Emergency Services Director determines that the disaster has entered into a recovery phase, the command staff should develop a formal demobilization plan. 2. Consideration should also be given to assigning appropriate agencies to conduct short term recovery operations (e.g., debris removal, restoration of critical facilities, utilities, and communications, and tending to the needs of the homeless and displaced, etc.). 3. The City of San Luis Obispo Emergency Operations Center should be downgraded as an Emergency Operations Center. The Emergency Operations Center will then become a Recovery Operations Center (ROC). 4. It is desirable to attempt to restore departments to their normal working routine and environment as soon as possible. 5. The Unified Command Staff, as well as other City of San Luis Obispo agencies, will be heavily involved in short and long-term recovery operations. Item 5 Packet Page 39 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 17 of 21 C. Final Report and Activity Log 1. All department heads from the City of San Luis Obispo departments involved in the Utility Disruption event response will be required to complete a narrative report and a master activity log. 2. The narrative report briefly describes the primary responsibility, the protective action missions performed and the total staff hours of involvement by the agency during the emergency phase of the Utility Disruption event. 3. The master activity log documents names and times of agency personnel involved in a mission, equipment and supplies used, and any contracts with a private vendor to support emergency operations. 4. Most of this information can be extrapolated from individual activity logs used by team leaders during the emergency (ICS 214, Emergency Operations Center messages, Emergency Operations Center activity logs). 5. A copy of the narrative report and activity logs should be forwarded to City Hall as soon as possible and will be part of the official record of the UTILITY DISRUPTION event disaster. X. Special Considerations A. Funding Utility Disruption Events 1. In an emergency the government assumes that they will expend local, state, and federal funds to respond to and recover from that emergency. The impacts of a Utility Disruption will essentially create a multiple-day emergency, yet there are no government funds to pay for the response to that emergency. 2. This includes creating cooling shelters, phone-charging stations, checking on people, securing darkened neighborhoods from crime, activating Emergency Operations Centers and Call Centers, and checking in on our vulnerable populations. 3. The City of San Luis Obispo has limited resources to address a major power outage for consecutive days and the community must recognize the logistical costs to support a Utility Disruption could be substantial to the City. XI. Revision Page This Section is for Plan Holders to record the posting of each Official Plan Revision made by the City of San Luis Obispo. Please enter the revision number, the pages, the date the revision was posted, and the name of the person posting the revision. Revision # Revision Title Page Number Revised Date Name Item 5 Packet Page 40 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 18 of 21 Communications Information #1 – Public Information Messaging Safety message example: PG&E has informed its customers that as an additional precautionary measure to further reduce wildfire risks, there may be a need to de-energize electrical grids in advance of or during heightened risk conditions, such as high temperatures, high sustained and peak winds, and low humidity. The City of San Luis Obispo is taking steps to prepare and protect essential services during a potential power outage and encourages its residents and business community to do the same. Tips on how to prepare are available on the City Fire Department website https://www.slocity.org/government/department-directory/fire-department and PG&E website and all customers are encouraged to update contact information so that you are notified in advance of a power outage. PG&E will attempt to notify customers of a Utility Disruption event 48 hours in advance of power being turned off, 24 hours in advance and just before power is turned off. In the event a power outage occurs, it is also likely internet and phone service will be interrupted. Please consider essential needs for your family, your pets, and friends or neighbors, particularly the elderly and those with health conditions that may require backup power. If you or someone you know relies on electric or battery-dependent medical device, a back-up plan is particularly important. PG&E’s Medical Baseline Program assists residential customers who have special energy needs due to a qualifying medical condition by providing a lower rate on their monthly energy bill and extra notifications in advance of a UTILITY DISRUPTION. For more information about the program, visit PG&E’s Medical Baseline Program webpage. Safety message example: PG&E has informed local officials and their customers a planned Utility Disruption MAY occur in the next 24-hours. All community members are directed to review their personal contingency plan, secure supplies as necessary, top off vehicles with fuel and consider evacuating baseline medical patients. Avoid use of elevators and communicate with neighbors your plan. Safety message example: PG&E has informed local officials and their customers a planned Utility Disruption WILL occur in the next 2-hours. All community members are directed to activate their personal contingency plan, including evacuating baseline medical patients. Avoid use of elevators and communicate with neighbors your plan. Sample Email: Safety Alert: Fire danger conditions may cause PG&E Utility Disruption (Notification on «DATE»). Elevated weather conditions, including potential fire risk, are forecasted in the next 24 to 48 hours and may impact electric service in portions of San Luis Obispo County. If these conditions persist, PG&E may need to turn off power to local customers for safety. Outages could last for multiple days. Maps of impacted areas are also available at PG&E portal. If PG&E does turn off power for safety, they will work to restore power as soon as it is safe to do so. For more information visit pge.com or call 1-800-743-5002. Sample Text: Due to weather forecast PG&E may turn off power at «TIME, DATE». For more info: pge.com; 1-800-743-5002 Sample Reverse 911 Phone Call: This is an important safety alert from the City of San Luis Obispo, calling on «DAY, DATE». This notice is for community members that may be affected by a planned Item 5 Packet Page 41 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 19 of 21 power outage. Elevated weather conditions, including potential fire risk, are forecasted in the next 24 to 48 hours and may impact electric service in portions of San Luis Obispo county. If these conditions persist, PG&E may need to turn off power to local customers for safety. Outages could last for multiple days. Maps of impacted areas are also available at pge.com/pspsveventmaps. We will continue to monitor conditions and will provide further updates via text, radio, and social media as available. For more information visit pge.com or call 1-800-743-5002. Thank you. Safety message example: Do NOT use a BBQ to heat your home; could result in carbon monoxide poisoning. DO NOT use candles. Practice safe food habits. If you have power conserve electricity. Conserve water. Utility Disruption Cancelled: Due to changing weather conditions, the power company has decided outages will not be necessary for [INSERT AREAS] in order to reduce the risk of fires. Stay alert for changing conditions and be prepared for future weather-related outages. Boil Water Notice: Due to the recent power outage, which occurred on [date], the water distribution system was depressurized, the State Water Resources Control Board, Division of Drinking Water, and the [insert water system name] are advising all its customers to only use boiled tap water or bottled water for drinking and cooking purposes as a safety precaution to avoid stomach or intestinal illness. The affected area includes: a portion of [specify which areas) or all customers of [insert water system name]. We will inform you when tests show that water is safe to drink and you no longer need to boil your water. We anticipate the power to return and the distribution system to be re-pressurized by [specify date]. Afterwards, we will be collecting special bacteriological samples to ensure the water is safe to drink. If you have questions about other uses of tap water, such as bathing and dish washing, please read this guidance: https://www.cdc.gov/healthywater/emergency/dwa-comm- toolbox/before/tools/What-to-Do-During-a-Boil-Water-Advisory.docx HOLDING STATEMENT: ELEVATED STATUS “The City of San Luis Obispo received initial notice from PG&E of an “Elevated Status” for a Utility Disruption in the city that could occur as early as <insert date>. While there is currently no Utility Disruption scheduled for the City of San Luis Obispo, we continue to closely monitor weather conditions and remain in close contact with PG&E and San Luis Obispo County Office of Emergency Services. PG&E has assured us that they will notify the City and their customers 48 hours before any Utility Disruption takes place. We believe it is important to let our residents know the city has a plan in place and that everyone should take the time now to prepare.” HOLDING STATEMENT: UTILITY DISRUPTION WATCH “We received notice from PG&E of a “Utility Disruption Watch” for the City of San Luis Obispo, which means there is a reasonable chance that PG&E will shutoff power in a given geographic zone due to a combination of adverse weather and dry fuel conditions. While there is currently no Utility Disruption scheduled for the City of San Luis Obispo, we continue to closely monitor weather conditions and remain in close contact with PG&E and San Luis Obispo County Office of Emergency Services. PG&E has assured us that they will notify us and their customers 48 hours before any Utility Disruption takes place. We believe it is important to let our residents know the city has a plan in place and that everyone should take the time now to Item 5 Packet Page 42 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 20 of 21 prepare. We further recommend/encourage those community members dependent on electricity for medical device use prepare to exercise their emergency plan which may include evacuation to an unaffected area.” HOLDING STATEMENT: UTILITY DISRUPTION WARNING “We received notice from PG&E of a “Utility Disruption Warning” for the City of San Luis Obispo, which means PG&E electric customers in the City of San Luis Obispo being considered for Utility Disruption have been or are being notified. The City has activated its Emergency Operations Center and remains in close contact with PG&E and San Luis Obispo County Office of Emergency Services. Residents in the City of San Luis Obispo could be without power for up to seven days and are encouraged to monitor local news media and social media for updates from PG&E. We further recommend/encourage those community members dependent on electricity for medical device exercise their emergency plan which may include evacuation to an unaffected area.” #2 – Media Communication Options The City has clear policy and a variety of mechanisms to communicate emergency information to the public which include: 1. Early Warning System (EWS) Route Alerting Area Sirens for Protection Action Zone (PAZ) 8 (SLO City) The San Luis Obispo County EWS sirens are located throughout the Emergency Planning Zone (EPZ). Although the siren system was installed as one of the requirements related to the operation of Diablo Canyon Power Plant, the sirens can be used for any local emergency where there is a need for the public to act. When activated, the sirens will sound for three minutes. The sirens are an indication that the Emergency Alert System (EAS) has been activated, and emergency information will be provided on local radio and television stations. 2. EWS Route Alerting Kit for PAZ 8 (SLO City) EWS Failure. In the event the San Luis Obispo County EWS sirens fail individually or altogether, a back-up system which includes PAZ zone maps and handheld megaphones can be used to alert the affected public areas. Staff has received training on activation procedures, equipment, and actions to be taken. 3. Sheriff Reverse 911. Reverse 911 through the San Luis Obispo Sherriff’s Office is an opt-in system. Recent updates have improved the system; phone calls will be made much quicker now. It has 30,000 lines so the calls can be placed within minutes instead of hours. 4. SLO County OES – Integrated Public Alert and Warning System (IPAWS). Wireless Emergency Alerts (WEAs) are used to send concise, text-like messages to WEA-capable mobile devices during emergency situations. WEAs are sent by your state and local public safety officials, the National Weather Service, the National Center for Missing and Exploited Children, and the President of the United States. This means SLO County OES can send Wireless Emergency Alerts (WEA) to cell phones including cell phones that come into our specified area when our alert is active and Emergency Alert System (EAS) messages to radio stations and television stations are sent out. 5. SLO City Social Media – Instagram, Twitter, and Facebook a. City Fire Department Public Information Officer and Chief Officers may use “Twitter Item 5 Packet Page 43 City of San Luis Obispo Comprehensive Disaster Leadership Plan Utility Disruption Annex I __________________________________________________________________________________ For Official Use Only Page 21 of 21 Alerts” function to deliver up to date, vetted and credible information to the public through push notification. This medium allows for urgent safety alerts to be shared and reduces misinformation. b. City Instagram account may be used to deliver up to date, vetted and credible information to the public through push notification. This medium allows for urgent safety alerts to be shared and reduces misinformation. c. City Facebook account may be used to deliver up to date, vetted and credible information to the public through posting. This medium allows for urgent safety alerts to be shared and reduces misinformation. d. News Media (TV & Radio). The City and City Fire Department have access to the three primary news sources in SLO County: KSBY, KCOY and KEYT televisions stations. During an emergency, information can be released through the City or FD Public Information Officer to these outlets including radio stations. All news outlets have online/apps with push notification. Item 5 Packet Page 44 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic ANNEX J Developed for: Derek Johnson City Manager City of San Luis Obispo San Luis Obispo, CA. Developed by: Keith Aggson Fire Chief City of San Luis Obispo San Luis Obispo, CA Item 5 Packet Page 45 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 2 of 27 APPROVAL AND IMPLEMENTATION This Pandemic Emergency & Continuity of Operations Plan (COOP) for a Pandemic event was prepared by the City of San Luis Obispo Leadership Team to develop, implement, and maintain City operations. This plan (annex) serves as an extension of the City of San Luis Obispo Comprehensive Disaster Leadership Plan (CDLP) and provides additional information specific to Pandemics in the City. It is implied that upon activation of this plan, the Emergency Operations Center will be active. This plan will be reviewed and exercised periodically and revised as necessary to satisfy changing conditions and needs. The City Council, City Administration and City Departments give their full support to this plan. The City of San Luis Obispo Pandemic Plan and its supporting contents are hereby approved to become an annex to the SLO City CDLP and is effective immediately upon the singing by all signature authorities below. Derek Johnson Date City Manager City of San Luis Obispo Item 5 Packet Page 46 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 3 of 27 FORWARD The City of San Luis Obispo Continuity of Operations Plan (COOP) for Pandemic events provides an overview of the City’s approach to COOP operations should a pandemic occur. It details COOP and City actions, describes the City organization, and assigns tasks. This plan provides guidance for implementing the COOP to ensure the orderly, rapid, and efficient actions are taken under the threat and condition of a pandemic and disruptions of City services are minimized. During a pandemic it is estimated that absenteeism can range from 10 to 40 percent. Compounding employee-illness related absenteeism is the possibility that schools, and childcare facilities may be closed, thus creating a significant childcare issue for working parents. While the severity and consequences of an emergency cannot be predicted, effective contingency planning can minimize the impact on City of San Luis Obispo’s missions, personnel, and facilities. INTRODUCTION Organizations across the nation perform essential functions and services that may be adversely affected in the event of a natural or human-made disaster. In such events, organizations should have continuity plans to assist in the continuance of their essential functions and governance. Continuing to perform essential functions is vital to an organization’s ability to remain a viable entity and provide essential services during times of increased threats from all hazards, humanmade or natural. Since the threat to an organization’s continuity of operations is great during a pandemic outbreak, it is important for the City of San Luis Obispo (SLO) to have a Pandemic Continuity of Operations plan (annex) in place to ensure it can carry out its essential functions and services. While organizations may be forced to suspend some operations due to the severity of a pandemic outbreak, an effective Continuity of Operations Plan can assist an organization in its efforts to remain operational, as well as strengthen the ability to resume operations and recover. COORDINATED RESPONSE When a Pandemic event impacts the City of San Luis Obispo and surrounding jurisdictions, Unified Coordination will be established by the San Luis Obispo County Office of Emergency Services (OES) charged with coordinating the regional response with the County Health Agency Department Operation Center (CHADOC). California Health and Safety Code gives broad authority to County Health Officers, including their authority to control contagious, infectious, or communicable disease and may “take measures as may be necessary” to prevent and control the spread of disease within the territory under their jurisdiction.1 ICS/SEMS/NIMS The City of San Luis Obispo has adopted the Incident Command System (ICS), the Standard Emergency System (SEMS), and the National Incident Management System (NIMS) as the emergency organization and the emergency management system for response to a Pandemic event impacting the City of San Luis Obispo. 1 H&S §120175 Item 5 Packet Page 47 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 4 of 27 UNIFIED INCIDENT COMAND AUTHORITY In the event of a Pandemic Incident, the Fire Chief will assume the position of Unified Incident Commander. In the event the Fire Chief is not available, the following chain of command is provided to identify authorized alternates to fill the City of San Luis Obispo's position as Incident Commander. No. 1 – The Police Chief No. 2 – The Deputy Fire Chief or Police Captain No. 3 – On-Duty Fire Battalion Chief or Police Lieutenant The Unified Incident Commander will alert the San Luis Obispo City Manager as to the severity of the incident EMERGENCY OPERATIONS CENTER LEADERSHIP The City Manager is the Emergency Services Director. The Assistant City Manager is the Deputy Emergency Services Director, and the Deputy City Manager is the alternate as needed. PERSONS WITH BASELINE MEDICAL, ACCESS AND FUNCTIONAL NEEDS It is the intent of the City of San Luis Obispo to ensure Community Members with Baseline Medical needs and Functional & Access Needs have equal services and are prioritized during a Pandemic emergency based on the individual’s needs. Item 5 Packet Page 48 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 5 of 27 Table of Contents Approval and Implementation ............................................................................................ ……2 Forward ……………….…………………………………………………………………………………………………….….……...3 Introduction ............................................................................................................................. 3 Coordinated Response ............................................................................................................ 3 ICS/SEMS/NIMS ....................................................................................................................... 3 Unified Incident Command Authority ....................................................................................... 4 EOC Leadership ........................................................................................................................ 4 Persons with Baseline Medical, Access and Functional Needs .................................................. 4 I. Essentials .......................................................................................................................... 7 A. Initiating Event ..................................................................................................... 7 B. Pandemic Plan Activation .................................................................................... 7 C. Pandemic Plan Activation Tasks………………………………………………………………………..7 D. Prevention Strategies ........................................................................................... 9 II. Continuity Planning……………………………………………………………………………………………………….10 III. Response ........................................................................................................................ 12 A. Emergency Response……………………………………………………………………………………….12 B. EOC Locations…………………………………………………………………………………………………..12 C. Pandemic Coordinator and Response Team…………………………………………………… .12 D. Risk Communications……………………………………………………………………………………….12 E. City overview Planning Sheet and Impacts……………………………………………………….13 IV. Elements of a Viable Pandemic Continuity Capability ...................................................... 13 A. Essential Functions .............................................................................................. 13 B. Continuity Communications ............................................................................... 13 C. Essential Records Management ........................................................................... 14 D. Human Resources ............................................................................................... 14 E. Delegation of Control and Direction ................................................................... 14 F. SLO County Office of Emergency Services (OES) ................................................. 15 G. Reconstitution ..................................................................................................... 15 V. Pandemic Reduced or Cancelled ...................................................................................... 15 A. Operational Area Conference Call Activation……………………………………………………15 B. Actions to be Taken………………………………………………………………………………………….15 C. Conduct After Action Review……………………………………………………………………………15 VI. Potential Impacts ............................................................................................................ 15 A. Leadership ........................................................................................................... 16 B Shelter in Place/Isolation .................................................................................... 16 C. School Disruptions .............................................................................................. 16 D. Emergency Services ............................................................................................. 16 E. Emergency Public Information ………………………………………………………………………..16 F. Financial ………………………………………………………………………………………………………….17 Item 5 Packet Page 49 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 6 of 27 VII. Recovery ........................................................................................................................ 17 A. Demobilization ..................................................................................................... 17 B. Cost Recovery ....................................................................................................... 17 C. Final Report and Activity Log …………………………………………………………………………..18 VIII. Plan Administration ...................................................................................................... 18 A. Authorities .......................................................................................................... 18 B. Purpose ................................................................................................................ 18 C. Plan Objectives..................................................................................................... 19 IX. Work Practices and Procedures .................................................................................... 19 A. Staffing Adjustments ……………………………………………………………………………………….19 B. Essential Operational Functions ………………………………………………………………………19 C. Sharing of Information……………………………………………. ........................................ 20 D. Providing Supplies of Protective Equipment ....................................................... 20 E. Employee Illness and Exposure……. ..................................................................... 20 Conclusion………………………………………………………………………………………………………….…………………21 Revision Page……………………………………………………………………………………………………….……………….21 Appendices APPENDIX 1: WORLD HEALTH ORGANIZATION PHASES…………………………………………..…………….22 APPENDIX 2: WEBSITES FOR PLANNING AND PREPAREDNESS…………………………….………….……..24 APPENDIX 3: ASSUMPTIONS………………………………………………………………………………..………………. 25 Item 5 Packet Page 50 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 7 of 27 I. Essentials A. Initiating Event The declaration of a Pandemic by the County Public Health Officer is the initiating event that alerts the public and the City of San Luis Obispo. The focal point for reporting initial declaration of a pandemic is the City of San Luis Obispo’s Emergency Communication Center. B. Pandemic Plan Activation It is the policy of the City of San Luis Obispo that a pandemic, as referenced in this Plan, and in the judgment of the City Manager, Fire Chief or Police Chief, or their designee, warrants activation of this plan. If a pandemic is confirmed and is brought to the attention of the City of San Luis Obispo Emergency Communications Center, contact with the Emergency Operations Center Director (or authorized alternate) should be attempted. If contact by phone is possible, the Emergency Operations Center Director or alternate would be advised of the situation (including initial confirmed cases) by the City of San Luis Obispo Emergency Communications Center. If contact with the Emergency Operations Center Director or any authorized alternate cannot be made, the Deputy Fire Chief, on-duty Battalion Fire Chief or highest-ranking Police Officer may recommend Plan activation. C. Pandemic Plan Activation Tasks 1. Operational Area Conference Call as necessary a. SLO City EOC Director or Designee b. SLO City Fire & Police Chief c. SLO County OES Director or Duty Officer d. SLO County Medical/Health Officer or Designee e. Cal Poly EOC Director or Designee f. CAL FIRE Chief or Duty Chief g. San Luis Coastal School District Director or Designee 2. Objectives to be discussed during the conference call: a. Attain situational awareness on pandemic and declaration of emergency. b. Identify incident-specific concerns, actions already taken and recommended courses of action. c. Determine implementation of all or part of the COOP. d. PIO implement crisis communications plan with Pandemic information from CHADOC, JIC, and/or CDC. e. Notify Department Heads & Elected Officials by SLO City EOC Director or Designee. f. SLO City EOC Director or Designee determines and communicates activation of EOC to appropriate level: i. Department Heads or designee report to EOC as required ii. Section Coordinators or designee report to EOC as required iii. Elected Officials report to EOC as required iv. Recall Safety Employees to duty as required v. Notify Cal Poly, Co. OES and CAL FIRE EOC is activated Item 5 Packet Page 51 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 8 of 27 This tables outline the plan of action the City will take to minimize the effects of an infec tious disease incident. Specific actions are outlined on individual Areas and Support Function. Actions are correlated with the potential “Operational Impact Level” of an event. The “Trigger Guidelines” are meant to provide guidance for action timelines. Specific “Action Items” may be adjusted at the discretion of the City Manager (Emergency Services Director) and may vary by Department. Response Level & Operational Impact Trigger Point Guidelines Any or all trigger points may initiate action Action Items ● Pre-planning action completed □ Pre-planning action incomplete ○ Imminent event prep action The risk for a pandemic is greatly increased but not certain. Level 5 Impact Level: “Normal” Regular City Operations Daily operations, no impact ● Program in effect - monitoring developing trends ● Obtain Critical resource stockpiles □ Deliver infectious disease/ PPE training □ Develop operational plan Spread of disease between humans is occurring in more than one country of one WHO region. Level 4 Impact Level: “Low” Pre-event Planning New infectious disease identified. Increasing public awareness exists. ○ Initiate City Dept awareness and ongoing updates □ Review current plan for gaps □ Train personnel in critical functions Community-level outbreaks are in at least one additional country in a different WHO region from phase 5. A global pandemic is under way Level 3 Impact Level: “Medium” Specific Event Planning City Manager to identify probable impact on departments based on communication from all agencies ○ Supervisors finalize event prep and identified needs ○ Pre-event directives issued from City Manager ○ Verify critical resource inventories ○ Publish disease-specific treatment protocols ○ Prepare for protocol changes instituted by SLO Co. Health Dept and/or EMSA The global pandemic has been transmitted to SLO County and is occurring and is localized. Level 2 Impact Level: “High” Event Response FD identifies increased call volume. Disease spread in the public is increased significantly. Public health notification of incidence of infection with high mortality or hospitalization. Public Safety personnel ○ Review and change specific treatment protocols determined by SLO Co Health Dept or EMSA. ○ Implement enhanced exposure protection Item 5 Packet Page 52 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 9 of 27 symptomatic. Human Resources identify increasing or unusual absentee rates. Operations staffing is impacted. ○ Reallocate personnel to support essential operations ○ Distribute critical resource inventories ○ Restrict public access Localized pandemic is severally impacting population and city operations. Level 1 Impact Level: “Severe” Active Pandemic, High Lethality City unable to maintain normal staffing. Departments unable to meet increased requests for service ○ Evaluate staffing distribution matrix and/or reduction of service ○ Implement strict exposure restrictions D. Prevention Strategies Prevention is the key to reducing the impact of a pandemic on the City’s ability to perform its mission. It is also important in protecting our employees and family. The following prevention strategies are to be implemented: 1. Training for all employees a. Use of Protective Masks, when trained and instructed b. Hygiene Techniques to Prevent Spread i. Hand washing is the single most important action to prevent transmission of infectious disease. All personnel should practice good hygiene by regularly washing their hands in accordance with CDC guidelines. ii. Always wash hands with soap and water or waterless instant hand antiseptic (minimum 60% alcohol based) for a minimum of 20 to 30 seconds every time: 1. After any patient contact (in addition to wearing gloves) 2. Before cooking or handling food, eating and drinking 3. After using the restroom 4. After any contact with apparatus and equipment, and when entering station offices and quarters c. Coughing and sneezing i. All employees will cough or sneeze into their shirt sleeve or wear a simple procedure mask (dust mask). ii. Any sick employees with symptoms indicative of illness need to be sent home immediately. Exposing fellow workers and patients puts our workforce and vulnerable patients at risk. d. Frequent Decontamination of Equipment, Workstations, and areas of public contact. 2. Infected Patient Contact Training for Fire Department Emergency Response employees a. Gloves, gowns, and eye protection will be worn for all patient contacts, or as specified by the CDC or public health officials based on the type of contagion. b. Properly placed N95 masks or oxygen mask will be worn on patients with symptoms or possible infectious illness. c. Place masks on patient with symptoms of contagious disease KN95 or surgical masks. d. Other treatment and/or contagion-control measure as determined by Public Health and/or Local Emergency Medical Services Agency (LEMSA). e. Limit the number of rescuers in contact with an infectious patient or possibly infectious patient. i. One rescuer with full PPE within three feet of the patient when doing an assessment (minimum gloves, N95 mask, gown, and eye protection). Item 5 Packet Page 53 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 10 of 27 ii. If additional rescuers are needed within the three-foot “bubble,” full PPE is required. f. Medical Equipment Decontamination and Replacement g. Contaminated waste will be disposed of properly. Decontaminate eye protection with germicidal wipes. 3. Public Safety Dispatch Training and Protocol: Dispatch will inquire and relay to emergency responding units, when possible, if the reporting party indicated the patient may be symptomatic, been exposed to someone who may be symptomatic or if the location (e.g. home, care facility, dorm room) previously had someone present who was symptomatic. II. Continuity Planning All City of SLO personnel are to be informed regarding protective actions and/or service modifications related to this plan. Messaging and risk communications during an emerging infectious disease or pandemic will be conducted by the City Manager or his/her designee. Guidance and instructions on established infection control measures such as social/physical distancing, personnel protective equipment, personal hygiene and telework polices are provided by the City Manager or his/her designee to assist in limiting the spread of the virus at the primary and alternate worksite. The plan emphasizes disease prevention; workforce protection is critical. Treatment options may be uncertain and may not be available. The actions outlined in this plan are intended t o minimize the possibility of illness for City employees. All City employees are disaster service workers2 who may be assigned non-traditional responsibilities. All City employees must understand their potential role as a disaster service worker. When engaged as a disaster service worker, City employees performing duties are considered to be acting within the scope of disaster service duties while assisting any part of the organization or performing any act contributing to the protection of life or property or mitigating the effects of the emergency. This means that the duties assigned to City employees may be different than their traditional roles and duties. The City must plan to be self-sufficient. Limited availability of mutual aid resources and disruption of the supply chain will require that the City be prepared to operate independently for long periods of time. Stores of food, fuel, and PPE will be required to sustain independent operation. If supplies have not been acquired prior to an event, the City must purchase supplies as early as possible as early information of a pandemic becomes available. New Supplies should rotate through existing caches in an attempt to extend the useful life of the cached equipment for future needs. The plan requires action before any event. Parts of the plan depends upon actions taken prior to an event. For instance, the use of full personal protective equipment (PPE) during an event depends on acquiring enough supplies of PPE beforehand. Pre-event actions are identified in low and medium impact level planning for each function. All supervisors are responsible to ensure pre-event actions are completed for each essential function in the City. Within the workplace, social/physical distancing measures could take the form of: modifying the frequency and type of face-to-face employee encounters (e.g., placing moratoriums on hand-shaking, 2 California Government Code Section 3100-3109 Item 5 Packet Page 54 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 11 of 27 substituting face-to-face meetings with teleconferences, staggering breaks or work schedules, posting infection control guidelines); establishing flexible work hours or worksite, (e.g., telecommuting); promoting social distancing between employees and customers to maintain six-feet spatial separation between individuals; and implementing strategies that request and enable employees with an infectious disease such as influenza to stay home at the first sign of symptoms. Department Heads are encouraged to communicate protective actions with their employees, including any who are in higher risk positions and provide them with necessary personal protective equipment. Employees, whose primary and vital function is to conduct in-person transactions with the public, should be provided training and supplies to maximize their safety. This would include emplo yees at customer service and payment positions. Closing other offices to routine public interaction should be considered to minimize risk while providing a safe alternative method to conducting the business of the City. This may include the use of electronic or written business transactions that may otherwise be conducted in person. The workspaces and hygiene supplies/procedures for employees who must interact with the public should be addressed before the start of each business day. Supplies and procedures should be consistent with the recommended guidelines provided by Public Health Officials. Unnecessarily overplaying a threat can have significantly negative impacts on public mental health and therefore should be avoided. Frequent, daily communication is important to keep employees informed about developments in the organization’s response, impacts on the workforce, and to reassure employees that the organization is continuing to provide essential functions. City leadership and pandemic response teams should include deliberate methods to measure, monitor, and adjust actions to changing conditions and improved protection strategies such as: 1. Implement a formal worker and workplace protection strategy of cleanliness3. 2. Track and implement changes in approved or recommended protection measures. 3. Pre-position material and protective equipment onsite. 4. Ensure essential personnel are aware of safety measure at the primary worksite. 5. Ensure personnel have access to information/systems to work remotely when appropriate. 6. Coordinate with local public health and emergency response points of contact to ensure open, adequate communications. The plan is scalable as actions outlined in this plan are based on the impact to the City; t he greater the impact, the greater the level of action that will take place. The plan is flexible as an infectious disease event is dynamic and unpredictable. Although the actions outlined in this plan are based upon specific impact levels, the plan is meant to be flexible. Some actions may need to be taken earlier than planned, and some actions may not be taken at all. In addition, other actions not specifically outlined in this plan may need to be taken as the need arises. Department-specific risk assessments that identify actual control designations for all personnel and/or positions will be conducted initially and periodically thereafter for each department by the department head in coordination with the City Manager’s message. These assessments should be kept as part of each departments action plan documentation. 3 Such as requiring surfaces be wiped down after every meeting, lunch hour, staying home when sick, etc.., maintaining a visible log of these activities, and assigning responsibilities to area staff to coordinate completion these activities. Item 5 Packet Page 55 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 12 of 27 Departments are encouraged to add their specific plan(s) and procedure(s) of their selected mitigation, prevention, protection, or control measures, to include those necessary during a pandemic. Lastly, the plan recognizes that the City’s actions are interdependent with the actions of other agencies such as County EOC, Local EMSA, SLO County Health Dept. and CHADOC. City of San Luis Obispo will cooperate with and assist other agencies whenever possible to best serve the public interest. III. Response A. Emergency Response 1. A Pandemic event may initiate or exacerbate emergencies over a widespread area. Such an occurrence is reasonably anticipated to overwhelm emergency response resources and necessitate a change to the traditional response protocol. 2. Normal response to reported emergencies may overload resources. B. Emergency Operations Center Locations The following are the EOC locations for an emergency event. (Note: These locations may be adjusted or changed depending on the specific circumstances of event). Primary: Secondary: San Luis Obispo City Fire Station 1 Ludwick Community Center 2160 Santa Barbara Ave. 864 Santa Rosa Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 C. Pandemic Coordinator and Pandemic Response Team The Pandemic Coordinator will oversee a Pandemic Response Team (PRT) to anticipate the impacts of a pandemic on the City and to assist with developing strategies to manage the effects of an influenza or viral outbreak. The City Manager has been designated as the agency Pandemic Coordinator who will work with a team of advisors from the City department head team or their designee. Each department head or designee will participate on the Pandemic Response Team to support the Pandemic Coordinator. The City is comprised of the following departments: 1. Administration/IT 2. City Attorney 3. Human Resources 4. Community Development 5. Public Works 6. Utilities 7. Finance 9. Police 10. Fire 11. Parks & Recreation D. Risk Communications The City will develop a pandemic risk communications procedure for communicating with all internal and external stakeholders. This includes the use of existing notification rosters with names and telephone numbers for personnel both working on site and those forced into emergency relocation. These rosters will be maintained and updated by the City Administration staff (PIO) and located on the database. Hardcopies are to be maintained at the City EOC. Pandemic communications should be closely aligned with messaging from County Public Health Officials. During a Pandemic, the importance of clear and consistent messaging cannot be stressed enough. Item 5 Packet Page 56 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 13 of 27 E. City Overview Planning Sheet and Impacts The City will undertake actions at each impact level. These impact levels are designed to provide guidance for action timelines. Specific action timelines may be adjusted at the discretion of the City Manager and may vary by Department. 1. Low Impact (Pre-event) a. Deliver infectious disease training b. Determine and obtain critical resource stockpiles c. Develop scalable response plans d. Post handwashing signs and other information and City facilities 2. Medium Impact a. Publish disease-specific treatment protocols for employees b. Cross-train personnel in critical functions c. Validate continuity plans 3. High Impact a. Implement enhanced exposure protection b. Reallocate personnel to support emergency response operations c. Distribute critical resource inventories 4. Severe Impact a. Implement strict exposure restrictions b. Restrict public access c. Execute scalable response plans IV. Elements of Viable Pandemic Continuity Capability A. Essential Functions Given the expected duration and potential multiple waves of pandemic outbreaks, organizations must review the process involved in carrying out essential functions and services in order to develop plans that mitigate the effects of the pandemic while simultaneously allowing the continuation of operations which support essential functions. The City has identified essential functions and services needed to sustain its mission and operations during a pandemic. The City Essential Functions are: 1. Dispatch – Emergency communications 2. Police – Law enforcement and public safety 3. Fire – Emergency fire and rescue services 4. Utilities – Water and Wastewater Services 5. Administration – Information Technologies, Telephones, Radios, Dispatch 6. Finance – Payroll Processing, Emergency Payments, Requisitions, Contracts 7. Administration – Leadership, Public Information, Inter/Intra Agency Coordination. 8. City Attorney – Legal Affairs, Public Orders, Public Records request delay 9. Public Works – Vehicle and equipment maintenance 10. Maintenance Services – Custodial Staff responsible for sanitizing facilities 11. TBD by Pandemic Coordinator (City Manager) B. Continuity Communications Workplace risk can be minimized through implementation of systems and technologies that facilitate communication without person-to-person contact. The City has identified communication systems Item 5 Packet Page 57 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 14 of 27 needed to perform essential functions. The City Continuity Communications plan for a pandemic is as follows: 1. Land line phone (voice/fax) system 2. Internet access, E-mail, Web-Conferencing and City website 3. Cell phones 4. Two-way radios (public safety) 5. Satellite phones 6. Amateur radios 7. Wireless Emergency Alert (WEA) 8. Reverse 911 9. Emergency Alert System (EAS) 10. Alerts on radio stations KCBX/KVEC Critical information systems used to accomplish mission essential functions during normal operations at the primary location must be accessible at the continuity facility. In addition, City personnel should make sure that critical data is stored in such a way that it can be backed up regularly. Each department will coordinate with the IT Department on the specific technical support needed during COOP activation. C. Essential Records Management The City shall identify, protect, and ensure the availability of electronic and hardcopy documents, references, records, and information systems needed to support essential functions during a pandemic outbreak. The City has an essential records plan for identified systems, databases, and files that are needed to ensure essential functions remain operational. This may become financially critical to the City if/when official emergency declarations follow a pandemic outbreak. The City’s ability to apply for reimbursement relies on early planning and implementation of records management for all increased costs (personnel, contracts, and commodities) related to pandemic operations. D. Human Resources Although a pandemic outbreak may not directly affect the physical infrastructure of an organization, a pandemic will ultimately threaten all operations by its impact on an organization’s human resources. The health threat to personnel is the primary threat to maintaining essential functions and services during a pandemic outbreak. The City will establish plans to protect the entire employee population and their families, should a pandemic outbreak occur. This may include logistiscal support and housing for essential employees and their families in order to maintain critical services. All City employees are disaster service workers when conditions warrant and appropriate actions have been taken by the County Health Officer, Emergency Services Director and/or the City Council. Avoidable confusion and consternation can be significantly reduced when leadership provides accurate, timely, and detailed instructions to employees about their required roles and responsibilities during a pandemic. E. Delegation of Control and Direction Delegation is the process of transferring operational control of one or more essential functions to a pre-determined responsible party or parties. Pandemic outbreaks will occur at different times, have variable durations, and may differ in the severity; therefore, full or partial delegation of essential functions may be necessary to continue essential functions and services. The City will establish plans Item 5 Packet Page 58 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 15 of 27 and procedures for delegation, which identify how it will transfer operations, if a pandemic renders leadership and essential staff incapable or unavailable. F. SLO County Office of Emergency Services (OES) The SLO County Office of Emergency Services (OES) coordinates all requests for assistance from San Luis Obispo County (beyond mutual aid agreements established for fire, law, medical, or public works resources). To request assistance from San Luis Obispo County OES, contact the Duty Officer at +1 (805) 781-1144. G. Reconstitution Reconstitution is the process whereby an organization has regained the capability and physical resources necessary to return to normal (pre-disaster) operations. The objective during reconstitution is to effectively manage, control, and, with safety in mind, expedite the return to normal operations. The City has developed reconstitution plans and procedures, in conjunction with local public health authorities, to ensure facilities/buildings are safe to return. The organization’s reconstitution plan should consider the possibility that not all employees may be able to return to work at the time of reconstitution. V. Pandemic Reduced or Cancelled A. Operational Area Conference Call Activation 1. SLO City EOC Director or Designee 2. SLO City Fire & Police Chief 3. SLO County OES Director or Duty Officer 4. Cal Poly EOC Director or Designee 5. CAL FIRE Chief or Duty Officer B. Actions to be Taken 1. Department Heads & Elected Officials notified by SLO City EOC Director or Designee 2. Media release messaging in parallel with County EOC & CHADOC 3. As incident deescalates i. Systematically release all city staff ii. EOC Director or Designee directs closure of EOC operations iii. Restock and prepare for future Pandemic C. Conduct After Action Review (Per EOC Director) VI. Potential Impacts The City of SLO will monitor the severity of the pandemic and establish continuity activation triggers to address the unique nature of a pandemic threat. The Pandemic Continuity Plan will be implemented as needed to support the continued performance of essential functions. This plan is to be read as a companion document to City of San Luis Obispo Comprehensive Disaster Leadership Plan (CDLP). It supplements the CDLP by addressing considerations and elements specific to pandemic events and emerging infectious diseases. The following discussions present the most likely impacts from a Pandemic event occurring in or threatening the City of San Luis Obispo. These potential emergencies are discussed in detail below as a Item 5 Packet Page 59 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 16 of 27 basis for planning and response. This plan does not presume to predict the full range and depth of consequences arising from a Pandemic event. It does, however, attempt to reflect the most accurate estimate of the nature of emergencies resulting from a Pandemic impacting event occurring in, or threatening the City of San Luis Obispo. A. Leadership 1. The strain on local government and its emergency response organization to command and coordinate the response to an extreme Pandemic event could be immediate, severe, and overwhelming. 2. It is critical that the City provide strong and decisive leadership to ensure the needs of the City residents and guests are being met. 3. Mutual Aid assistance from local, state, and federal agencies will probably not be needed in anything but the most extreme events. 4. If needed, the availability will be limited because of the far-reaching impacts of a pandemic. Logistical support and/or mutual aid requests may have extended reflex arrival time which should be considered in decision making. B. Shelter in Place/Isolation 1. The purpose of a shelter in place is to maintain the population in isolation away from affected persons. 2. It is a protective action taken to avoid or reduce the public's exposure to an infectious disease. Managed care facilities with vulnerable populations should activate their emergency exposure control plan. 3. People can self-isolate or they can be ordered to isolate by the County Health Officer. C. School Disruptions 1. Public and private schools may choose or be directed to close as the Pandemic threat increases. Communication and coordination between schools, the City of SLO Liaison, County Health Agency Department Operations Center (CHADOC), County EOC and City of SLO Liaison may be necessary. 2. Additional consideration for school closure and the effects of City employees with school age children should be anticipated. 3. School disruptions and closures are typically joint decisions between CHADOC and School Districts, though the CHADOC or Public Health Director has the authority to close or modify school operations. D. Emergency Services 1. Emergency medical services may become overwhelmed due to the number of infected, and ill community members. 2. Additional consideration, coordination and communication will be necessary with local hospitals, medical clinics, assisted care facilities, medical equipment suppliers, and ambulance provider(s). E. Emergency Public Information 1. During a Pandemic event, the public will need basic emergency public information. This information will be provided by the City of San Luis Obispo's Public Information Officer4 via a 4 Typically, assigned from the either the Police or Fire Departments. Item 5 Packet Page 60 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 17 of 27 wide range of both public notification systems and social media. A staffed call center will be needed, which could be in conjunction with the County EOC and CHADOC. 2. Typically, communications are centralized and a CHADOC website or https://www.prepareslo.org/en/index.aspx is used to centralize or disseminate information. 3. The County is also capable of alerting the public using Reverse 911 and the Wireless Emergency Alert System (WEA). F. Financial 1. During a Pandemic event, there may be severe impacts on the local economy due to decreased travel, tourism, business operations and retail shopping. The City’s General Fund and Enterprise Funds are directly impacted by the state of the local economy. 2. Additional consideration for expenditure non-essential expenditure redetections and implementation of a fiscal health contingency plan should be anticipated. VII. Recovery The City of San Luis Obispo has a Recovery Plan under development as part of the City of San Luis Obispo’s Comprehensive Disaster Leadership Plan. The following points are a short overview of the recovery phase. A. Demobilization When response agencies are nearing completion of the last remaining life-safety Protective Action Missions, and when the Emergency Services Director (San Luis Obispo City Manager) or the Deputy Emergency Services Director determines that the disaster has entered into a recovery phase, the command staff should develop a formal demobilization plan. 1. The City of San Luis Obispo Emergency Operations Center should be downgraded as an Emergency Operations Center. The Emergency Operations Center will then become a Recovery Operations Center (ROC). 2. It is desirable to attempt to restore departments to their normal working routine and environment as soon as possible. 3. The Unified Command Staff, as well as other City of San Luis Obispo agencies, will be heavily involved in short and long-term recovery operations. B. Cost Recovery If State or Federal reimbursement is authorized for the emergency, accurate accounting and records of effort must be maintained and collected. These reimbursable costs could include: 1. Actual travel and per diem 2. Supplies, materials, and equipment 3. Repair, permanent restoration, and replacement costs for public facilities 4. The cost of basic engineering services when necessary for construction projects 5. Indirect and administrative costs (10% of total approved state share) 6. Costs for work performed under interagency assistance agreements for which an eligible applicant is legally obligated to pay 7. The local cost share required under federal public assistance programs Item 5 Packet Page 61 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 18 of 27 C. Final Report and Activity Log All department heads from the City of San Luis Obispo departments involved in a Pandemic event response will be required to complete a narrative report and a master activity log 214. The narrative report briefly describes the primary responsibility, the protective action missions performed and the total staff hours of involvement by the agency during the emergency phase of the Pandemic event. The master activity log documents names and times of agency personnel involved in a mission, equipment and supplies used, and any contracts with a private vendor to support emergency operations. Most of this information can be extrapolated from individual activity logs used by team leaders during the emergency (ICS 214, Emergency Operations Center messages, Emergency Operations Center activity logs). A copy of the narrative report and activity logs should be forwarded to City Hall as soon as possible and will be part of the official record of the Pandemic event disaster. VIII. Plan Administration A. Authorities 1. Municipal Code 2.24.010 Officer Powers and Duties The declared purposes of the ordinance codified in this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. 2. CA Code of Regulations (Title 17: §2501 (a)) Disease Investigation: The local health officer has the duty to investigate diseases, conditions, or outbreaks. 3. CA Code of Regulations (Title 17: §2515, §2516, §2518, §2520) Isolation, Strict Isolation, Modified Isolation, and Quarantine 4. CA Health and Safety Code (§101025-101030) Enforcement: The health officer has the duty to enforce local ordinances concerning public health and sanitary matters as well as state statutes, orders and regulations related to public health including quarantine laws, and orders prescribed by CDPH B. Purpose This plan/annex provides guidance to the City of San Luis Obispo and may serve as the plan for maintaining essential functions and services during a pandemic. This annex neither replaces nor supersedes any current, or approved continuity plan; rather it supplements it, bridging the gap between the traditional, all-hazards continuity planning and the specialized continuity planning required for a pandemic by addressing additional considerations, challenges, and elements specific to the dynamic nature of a pandemic. This annex stresses that essential functions can be maintained during a pandemic outbreak through mitigation strategies, such as social/physical distancing5, increased hygiene, the vaccination of employees and their families, alternative work arrangements, and similar approaches. An infectious disease or influenza may not require a traditional continuity response, such as partial or full relocation of the organization’s essential functions, although this response may be concurrently necessary due to other circumstances. 5 Social/Physical distancing measures are taken to restrict when and where people can gather to stop or slow the spread of infectious diseases. Social distancing measures include limiting large groups of people coming together, closing buildings and canceling events. Item 5 Packet Page 62 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 19 of 27 C. Plan Objectives 1. Provide for the safety of the public, agency employees, their families, and first responders always. Monitor the health of employees to ensure they receive proper and appropriate care. 2. Ensure that emergency service delivery efforts, both law enforcement, fire and emergency medical service, are uninterrupted. 3. Ensure continued public service and continuity of government capabilities to protect the citizens and to fulfill the City’s mission including the provision of water and sewer services. 4. Identify which City services will be suspended, such as after-school recreation programs, fire station tours, etc. 5. Explore the legal requirements for public access to meetings such as boards, commissions, and council. 6. Institute preventive measures in all City workplaces, promoting proper hygiene to prevent the further spread of diseases. 7. Provide for timely and accurate release of incident information to the public, media, first responders, agency administrators, City staff and cooperators by the EOC Public Information Office through a wide range of mediums. 8. Ensure coordination with law enforcement to maintain the protection of the public and maintain accountability in the event of shelter at home/isolation orders. 9. Ensure that the needs of medically dependent individuals and those with access and functional needs provided information and assisted as needed/able. 10. Ensure close coordination and communication between Cal Poly, SLO County EOC, CHADOC, San Luis Coastal Unified School District and the City of SLO. 11. Ensure the management actions and efforts will be focused on serving, safeguarding, and protecting the community of San Luis Obispo. 12. Maintain accurate financial documentation which may be necessary for cost reimbursement. IX. Work Practices and Procedures All Executive Managers shall ensure that their Departments are following preventive actions. A. Staffing Adjustments 1. The Fire Chief and Chief of Police will ensure that minimum staffing levels of emergency response personnel are met. Call back, alternative staffing patterns and Mutual Aid may be utilized. 2. Department Heads will ensure that staff positions are adequately staffed to meet the department missions. Call back, telecommunicating and setting work priorities may be utilized. 3. If staffing shortages exist, priority duty positions will be identified, and personnel moved to fill them. B. Essential Operational Programs and Functions 1. Dispatch Center – Access limited to personnel assigned to the Dispatch Center and designated Fire and Police employees. Communications between Dispatch Center personnel and field- assigned Fire and Police employees should be conducted via phone, not face -to-face. The small officers’ work area, kitchen, and restrooms at the Dispatch Center will not be used by field-assigned personnel during implementation of this plan. 2. Fire Stations – When identified by the Chief or Deputy Chief, Fire Stations will be closed to the public. Outreach programs will be cancelled. Families will not be allowed to visit. Item 5 Packet Page 63 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 20 of 27 3. City Hall and City Support Facilities – When identified by the City Manager, the public access will be restricted to specific areas. 4. The Corporation Yard, Water Treatment, and Wastewater Treatment access will be closed to the public and personnel will follow operational plans for assignments to maintain operational programs and functions. 5. Utilities will continue to evaluate, maintain adaptable scheduling, and inform employees of possible schedule and procedural changes to ensure continuity of operations at these critical facilities. C. Sharing of Information 1. Daily conference or webinar meetings with Department Heads, Executive Manager’s, and the City Manager as required by current situation. 2. Obtain updated information from Local and State Agencies. 3. Fire Chief or Acting Chief attends meetings/conference calls with SLO County Health Dept. and / or CHADOC. 4. Email information to all staff as appropriate. 5. Provide updates to Council. 6. Coordinate with Mayor and Council to ensure all social media posts support this plan and reference credible information. 7. All information shall come from the PIO, Emergency Services Director (City Manager) or designee. D. Providing Supplies of Protective Equipment 1. Supplies will be provided by EOC Logistic, or the Fire Department. 2. The Fire Department will seek to maintain no less than a 50% reserve of all virus-related personal protective equipment. 3. Orders will be placed in a timely manner to ensure product turn-around times. 4. Items will be rotated into and out of supply to ensure inventory does not expire. Items 100% Inventory 50% Inventory N95 Masks 1,000 500 Simple Mask 500 250 Tyvek Suits/Gowns 100 50 Gloves 10 cases 5 cases Goggles/Glasses 100 50 E. Employee Illness and Exposure 1. If an employee becomes ill at work, they should be encouraged to seek medical care and, when possible, reassign to an isolated work area. Personal leave credits will be used. Backfill or coverage, if required, should be obtained through the regularly established methods. 2. If an employee feels they were exposed at work, the regular occupational exposure documents will be completed. 3. Family and Medical Leave Act (FMLA) policies should be adhered to. Item 5 Packet Page 64 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 21 of 27 CONCLUSION Maintaining City of San Luis Obispo essential functions and services in the event of pandemic requires additional considerations beyond traditional continuity planning. Unlike other hazards that necessitate the relocation of staff performing essential functions to an alternate operating fa cility, a pandemic may not directly affect the physical infrastructure of the organization. As such, a traditional “continuity activation” may not be required during a pandemic outbreak. However, a pandemic outbreak threatens an organization’s human resources by removing essential personnel from the workplace for extended periods of time. Accordingly, the City continuity plan addresses the threat of a pandemic outbreak. Continuity Plans for maintaining essential functions and services in a pandemic should include implementing procedures such as social distancing, infection control, personal hygiene, and cross-training (to ease personnel absenteeism in a critical skill set). Protecting the health and safety of key personnel, ERG members, and other essential personnel must be the focused goal of the organization in order to enable the organizations to continue to operate effectively and to perform essential functions and provide essential services during a pandemic outbreak. REVISION PAGE This Section is for Plan Holders to record the posting of each Official Plan Revision made by the City of San Luis Obispo. Please enter the revision number, the pages, the date the revision was posted, and the name of the person posting the revision. Revision # Revision Title Page Number Revised Date Name Item 5 Packet Page 65 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 22 of 27 APPENDIX 1: WORLD HEALTH ORGANIZATION PHASES The World Health Organizations (WHO) developed an alert system to help inform the world about the seriousness of a pandemic. The alert system has six phases, with Phase 1 having the lowest risk of human cases and Phase 6 posing the greatest risk of pandemic. Organizations are encouraged to monitor the WHO phases and establish continuity “triggers” as deemed appropriate. The phases are applicable globally and provide a framework to aid countries in pandemic preparedness and response planning. The use of a six-phased approach has been retained. However, the pandemic phases have been re-defined (Table 1). In addition, the time after the first pandemic wave has been elaborated into post peak and post pandemic periods. Table 1: World Health Organization Pandemic Influenza Phases Phase 1 No animal influenza virus circulating among animals has been reported to cause infection in humans. Preparedness Phase 2 An animal influenza virus circulating in domesticated or wild animals is known to have caused infection in humans and is therefore considered a specific potential pandemic threat. Phase 3 An animal or human-animal influenza reassortant virus has caused sporadic cases or small clusters of disease in people but has not resulted in human-to- human transmission enough to sustain community-level outbreaks. Phase 4 Human-to-human transmission (H2H) of an animal or human-animal influenza reassortant virus able to sustain community-level outbreaks has been verified. Response and Mitigation Phase 5 The same identified virus has caused sustained community level outbreaks in two or more countries in one WHO region. Phase 6 In addition to the criteria defined in Phase 5, the same virus has caused sustained community level outbreaks in at least one other country in another WHO region. Post-Peak Period Levels of pandemic influenza in most countries with adequate surveillance have dropped below peak levels. Recovery Possible New Wave Level of pandemic influenza activity in most countries with adequate surveillance rising again. Post- Pandemic Period Levels of influenza activity have returned to the levels seen for seasonal influenza in most countries with adequate surveillance. The WHO phases of pandemic alert: In the 2009 revision of the phase descriptions, WHO has retained the use of a six -phased approach for easy incorporation of new recommendations and approaches into existing national preparedness and response plans. The grouping and description of pandemic phases have been revised to make them easier to understand, more precise, and based upon observable phenomena. Phases 1–3 correlate with preparedness, including capacity development and response planning activities, while Phases 4–6 clearly Item 5 Packet Page 66 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 23 of 27 signal the need for response and mitigation efforts. Furthermore, periods after the first pandemic wave are elaborated to facilitate post pandemic recovery activities. In nature, influenza viruses circulate continuously among animals, especially birds. Even though such viruses might theoretically develop into pandemic viruses, in Phase 1 no viruses circulating among animals have been reported to cause infections in humans. In Phase 2 an animal influenza virus circulating among domesticated or wild animals is known to have caused infection in humans and is therefore considered a potential pandemic threat. In Phase 3, an animal or human-animal influenza reassortant virus has caused sporadic cases or small clusters of disease in people but has not resulted in human-to-human transmission enough to sustain community-level outbreaks. Limited human-to-human transmission may occur under some circumstances, for example, when there is close contact between an infected person and an unprotected caregiver. However, limited transmission under such restricted circumstances does not indicate that the virus has gained the level of transmissibility among humans necessary to cause a pandemic. Phase 4 is characterized by verified human-to-human transmission of an animal or human-animal influenza reassortant virus able to cause “community-level outbreaks.” The ability to cause sustained disease outbreaks in a community marks a significant upwards shift in the risk for a pandemic. Any country that suspects or has verified such an event should urgently consult with WHO so that the situation can be jointly assessed, and a decision made by the affected country if implementation of a rapid pandemic containment operation is warranted. Phase 4 indicates a significant increase in risk of a pandemic but does not necessarily mean that a pandemic is a forgone conclusion. Phase 5 is characterized by human-to-human spread of the virus into at least two countries in one WHO region. While most countries will not be affected at this stage, the declaration of Phase 5 is a strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short. Phase 6, the pandemic phase, is characterized by community level outbreaks in at least one other country in a different WHO region in addition to the criteria defined in Phase 5. Designation of this phase will indicate that a global pandemic is under way. During the post-peak period, pandemic disease levels in most countries with adequate surveillance will have dropped below peak observed levels. The post-peak period signifies that pandemic activity appears to be decreasing; however, it is uncertain if additional waves will occur and countries will need to be prepared for a second wave. Previous pandemics have been characterized by waves of activity spread over months. Once the level of disease activity drops, a critical communications task will be to balance this information with the possibility of another wave. Pandemic waves can be separated by months and an immediate “at -ease” signal may be premature. In the post-pandemic period, influenza disease activity will have returned to levels normally seen for seasonal influenza. It is expected that the pandemic virus will behave as a seasonal influenza A virus. At this stage, it is important to maintain surveillance and update pandemic preparedness and response plans accordingly. An intensive phase of recovery and evaluation may be required. Item 5 Packet Page 67 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 24 of 27 APPENDIX 2: WEBSITES FOR PLANNING AND PREPAREDNESS 1. http://www.opm.gov/pandemic/index.asp - Links to policies on leave, pay, hiring, alternative work arrangements and other critical human capital issues in relation to pandemic influenza. 2. http://www.pandemicflu.gov - pandemic influenza related information (e.g., signs and symptoms of influenza, modes of transmission, developing individual and family plans, etc.). 3. http://www.flu.gov/planning-preparedness/federal/index.html# Pandemic influenza related information for Federal Government agencies to use for planning and preparedness. Links to other federal government agencies. Item 5 Packet Page 68 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 25 of 27 APPENDIX 3: ASSUMPTIONS A. National Assumptions 1. Susceptibility to the pandemic virus will be universal. 2. Efficient and sustained person-to-person transmission signals an imminent pandemic. 3. The clinical disease attack rate will likely be 35 percent or higher in the overall population during the pandemic. Illness rates will likely be highest among school-aged children and the elderly (about 40 percent) and decline with age. Among w orking adults, an average of 20 percent will become ill during a community outbreak. 4. Some persons will become infected but not develop clinically significant symptoms. Asymptomatic or minimally symptomatic individuals can transmit infection and develop immunity to subsequent infection. 5. While the number of patients seeking medical care cannot be predicted with certainty, in previous pandemic about half of those who become ill sought care. With the availability of effective antiviral drugs for treatment, this proportion may be higher in the next pandemic. 6. Rates of serious illness, hospitalization, and deaths will depend on the virulence of the pandemic virus and differ by an order of magnitude between more and less severe scenarios. Risk groups for severe and fatal infection cannot be predicted with certainty but are likely to include infants, the elderly, pregnant women, and persons with chronic or immunosuppressive medical conditions. 7. Rates of absenteeism will depend on the severity of the pandemic. In a s evere pandemic, absenteeism attributable to illness, the need to care for ill family members and fear of infection may reach 40 percent during the peak weeks of a community outbreak, with lower rates of absenteeism during the weeks before and after the peak. Certain public health measures (closing organizations, quarantining household contacts of infected individuals, and school closures) are likely to increase rates of absenteeism. 8. Individual and social impacts will have a significant impact on absenteeism. Proactive, frequent, and credible information sharing, and dialogue may help control absenteeism related to excessive and unnecessary fear. 9. The typical incubation period (interval between infection and onset of symptoms) for influenza is approximately two days, to as long as 14. 10. Persons who become ill may shed virus and can transmit infection before the onset of symptoms. Viral shedding and the risk of transmission will be greatest during the first two days of illness. Children usually shed the greatest amount of virus and therefore are likely to post the greatest risk for transmission. 11. On average, infected persons will transmit infection to approximately two other people. 12. A pandemic outbreak in any given community will last about six to eight weeks or more for each wave of the pandemic. 13. Multiple waves (periods during which community outbreaks occur across the country) of illness could occur with each wave lasting two-three months. Historically, the largest waves have occurred in the fall and winter, but the seasonality of a pandemic cannot be predicted with certainty. Item 5 Packet Page 69 City of San Luis Obispo Comprehensive Disaster Leadership Plan Pandemic Annex J For Official Use Only 26 of 27 B. Organizational Assumptions 1. Organizational communication on proper hygiene which greatly reduces the spread of disease. 2. Demand for Fire Department response will increase during the illness. This plan assumes an increase in emergency medical service calls during peak impacts of the disease cycle based on the predicted rates of infection. 3. Medical supplies such as Personal Protective Equipment (PPE) that are needed to respond to an infectious event may be in short supply. These include masks, goggles, gowns, and personal decontamination fluids/wipes. The City may experience disruption of other support infrastructure and services during this event. 4. The City will be provided with guidance and/or direction by Local, State or Federal, governments regarding current pandemic status in our area. 5. The City will have actionable plans and procedures to assist in the ability to remain operational during a pandemic. Plans and procedures may include social distancing protocols, personal protection equipment (PPE), and temporary suspension of some non-essential activities such as training, meetings, and community events. 6. Hygiene protocols may include maintaining a six-foot bubble between people, no handshaking, posters reminding people to properly wash their hands and readily available liquid hand sanitizers. 7. The City of SLO has a viable Agency-wide continuity capability. 8. The City of SLO will review its continuity communications programs to ensure they are fully capable of supporting pandemic and other related emergencies, and consider supporting social distancing operations, including telework and other virtual office options. 9. The City of SLO controlled buildings will be accessible, but right of entry may be limited. 10. During plan implementation, the City of SLO may make alternate facilities available for staff to implement social distancing protocols. 11. Essential functions, operations, and support requirements will continue to be people dependent. However, human interactions may be remote or virtual, resulting in the employment of appropriate teleworking and other approved social distancing protocols. Utilities may implement its own or other operational plans in response to specific localized pandemics to continue to provide its essential functions. 12. Travel restrictions, such as limitations on mass transit, implemented at the Local, State, and Federal levels may affect the ability of some staff to report to work. Transit may implement its own or other operational plans to adjust to specific localized pandemics. 13. Additional funding will be budgeted for the acquisition of additional equipment required for a possible surge in teleworking capabilities. Item 5 Packet Page 70 Department Name: Utilities Cost Center: 6001 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: NA FROM: Aaron Floyd, Utilities Director Prepared By: Mychal Boerman, Utilities Deputy Director - Water SUBJECT: SUSTAINABLE GROUNDWATER MANAGEMENT ACT (SGMA) GROUNDWATER SUSTAINABILITY PLAN UPDATE RECOMMENDATION Acting as the City of San Luis Obispo Groundwater Sustainability Agency, receive and file an update on Sustainable Groundwater Management Act (SGMA) Groundwater Sustainability Plan (GSP) development, including the Draft Communication and Engagement Plan, Draft Data Management Plan, and Draft Chapters 1-6 of the Groundwater Sustainability Plan. REPORT-IN-BRIEF This report briefly outlines Sustainable Groundwater Management Act requirements related to the production of a Groundwater Sustainability Plan and briefly describes the first six Draft Groundwater Sustainability Plan chapters, as well as associated technical memos and supporting documents. Key initial findings indicate that the portion of the groundwater basin which underlays the City has not experienced continued lowering of groundwater levels, or other undesirable results that are generally associated with Sustainable Groundwater Management Act regulations. However, adjacent portions of the groundwater basin in the Edna Valley area have experienced continued groundwater level decline and will require groundwater basin management actions such as reductions in groundwater pumping, increased conservation, improved irrigation efficiency, agricultural irrigation reductions, and/or water supply augmentation projects. With continued stakeholder input, quantifiable management actions will be defined within the upcoming Groundwater Sustainability Plan chapters and will be returned to the City of San Luis Obispo Groundwater Sustainability Agency for adoption in early 2022. DISCUSSION Background The Sustainable Groundwater Management Act (SGMA) requires sustainable groundwater management in all high and medium priority groundwater basins, including the high priority San Luis Obispo Valley Groundwater Basin (SLO Basin). The SLO Basin, which underlays the City Figure 1 - Overview of the SLO Basin Item 6 Packet Page 71 and unincorporated areas outside of the City, was designated high priority by the State due to several factors including the documented lowering of groundwater levels in the eastern portion of the basin, near Edna Valley, and the relatively large number of people overlying the basin in the western (City of San Luis Obispo) portion of the basin. SGMA first required the formation of Groundwater Sustainability Agencies (GSAs) by June 2017. The City of San Luis Obispo (City) and the County of San Luis Obispo (County), completed the GSA formation process, resulting in full coverage of the SLO Basin. The City and County GSAs are working together to develop a Groundwater Sustainability Plan (GSP) that covers the entire SLO Basin. This Groundwater Sustainability Plan needs to be adopted by January 31, 2022. Once adopted by both the City and the County GSAs, and approved by Department of Water Resources (DWR), implementation of the Groundwater Sustainability Plan will occur and will include quantifiable objectives and will achieve groundwater sustainability by 2042. A Groundwater Sustainability Commission (GSC), comprised of significant potential users of groundwater in the SLO Basin, was formed as an advisory body to the City and County GSAs. On the recommendation of this Groundwater Sustainability Commission, this report is intended to inform the City GSA and public on the progress made to date in the development of the Groundwater Sustainability Plan. Figure 2 - SGMA Timeline Communication and Engagement Plan Public engagement and stakeholder involvement will be critical to the success of a Groundwater Sustainability Plan. The Communication and Engagement Plan (C&E Plan) (Attachment A) describes the planned activities for engaging interested parties in SGMA implementation efforts in the San Luis Obispo Valley Basin. Figure 3 – SGMA Stakeholders Item 6 Packet Page 72 It is designed to meet the stakeholder engagement requirements of SGMA and GSP regulations while ensuring local stakeholders are educated, engaged, and given opportunities to participate and to provide feedback. The general purpose of the C&E Plan is to facilitate effective communication and engagement with the multiple and varied stakeholders in the San Luis Obispo Valley Basin. The C&E Plan outlines programs designed to engage stakeholders through a series of public workshops, opportunities for comment at public meetings, education through quarterly digital newsletters, and the use of a user-friendly Groundwater Communication Portal that acts as a hub for SGMA related communications and engagement opportunities. Although COVID-19 related closures have impacted the ability for in-person workshops, public participation has increased through the utilization of virtual meetings during the pandemic. Data Management Plan Development of a Data Management System (DMS) is required to ensure adequate groundwater data tracking per SGMA regulations. This data includes well locations, water level data, and well construction information. The City GSA and County GSA opted to draft a Data Management Plan (DMP) (Attachment B) to capture SGMA data handling requirements, identify data needs and sources, describe the data structure that will be used, and outline the process for collection, review, and upload of data. Since each groundwater basin that is subject to SGMA has twenty years to achieve sustainability, well thought out and well documented data management will be essential to achieving compliance as an organization experiences technological and staffing changes over time. Brief Summary of GSP Chapters 1-6 The chapter summaries presented in this report are draft chapters and are subject to change as comments are received from local agencies and the public regarding the contents. Full chapters are provided as attachments to this staff report and are as follows: Chapter 1: Introduction to the SLO Basin GSP (Attachment C) Chapter 2: Agency Formation (Attachment C) Chapter 3: Description of Plan Area (Attachment D) Chapter 4: Basin Setting (Attachment D) Chapter 5: Groundwater Conditions (Attachment E) Chapter 6: Water Budget (Attachment F) Chapter 1: Introduction to the SLO Basin GSP Chapter 1 is largely administrative in nature and is designed to give the reader background information related to why the GSP is being developed. This chapter outlines the purpose of developing the GSP, a high level description of the SLO Basin, and an explanation of how the Department of Water Resources prioritizes basins throughout the state and why the SLO Basin is categorized as a high priority basin. The reader will find information in this chapter that will set the stage for a better understanding of the need for a GSP. Item 6 Packet Page 73 Chapter 2 - Agency Formation Chapter 2 of the GSP outlines agency information and management structure, including information related to the creation of the City Groundwater Sustainability Agency and the County of San Luis Obispo Groundwater Sustainability Agency. This chapter also discusses the formation of the Groundwater Sustainability Commission, which acts as an advisory body to the City GSA and County GSA, as well as the development of a Memorandum of Agreement (MOA) between the two agencies (Attachment G). The MOA’s purpose is for the City GSA and County GSA, with input from other GSC members, to coordinate in the preparation of a single GSP for the entire SLO Basin. Figure 4 below demonstrates the governance structure outlined in the MOA. It is important to note that the City GSA and County GSA are responsible for independently adopting the GSP and implementing the GSP within their respective service areas1. Chapter 3: Description of Plan Area Chapters 3 provides an introduction to the SLO Basin with a description of the jurisdictional areas that overlie the basin, details about existing City and County land use plans, density of groundwater wells within the basin, and a detailed description of active groundwater and surface water monitoring and management programs. Not unlike Chapter 1 and Chapter 2, this chapter helps document information that will assist in decision making as subsequent GSP chapters are developed. 1 City and County GSP adoption requires a simple majority vote. Figure 4 – Local SGMA Governance Structure Item 6 Packet Page 74 Chapter 4: Basin Setting Chapter 4 of the GSP is a technical chapter that describes the regional and local basin geology, groundwater aquifer information, and surface water body information. This chapter defines the physical extent and limitations of the SLO Basin as well as the importance of how surface water and groundwater interact locally. Various maps within the chapter document details about the groundwater basin such as infiltration rates within different areas of the basin, bedrock elevations, and land subsidence risk. Additionally, this chapter provides a series of cross- sectional diagrams that document the various types of geologic layers of different parts of the SLO Basin. Chapter 5: Groundwater Conditions Following SGMA regulations, Groundwater Sustainability Agencies must develop and implement a Groundwater Sustainability Plan for managing and using groundwater without causing six specific undesirable results. These undesirable results are defined as: the chronic lowering of groundwater elevations, groundwater storage reductions, seawater intrusion, land subsidence, the depletion of interconnected surface waters, and the degradation of groundwater quality. These undesirable results are also referred to as sustainability indicators. The organization of Chapter 5 aligns with the six sustainability indicators specified in the GSP regulations. Chapter 5 describes the current and historical groundwater conditions in the SLO Basin, including a series of maps showing groundwater flow direction and groundwater level contours over several decades, allowing for the visualization of changes in groundwater elevation over time. These maps document that areas within City limits have not experienced significant reductions in groundwater elevation, and thus groundwater storage, over the examined period of time. On the contrary, areas within the Edna Valley area of the SLO Basin have experienced significant, continual declines in groundwater elevation over time. The stability in groundwater elevation within City limits can be attributed to the City’s increased surface water use for potable needs, a reduction in total water demand, and the substantial reduction in groundwater use since the early 1990s. On the contrary, the Edna Valley area’s declining water levels can be largely attributed to increases in agricultural operations over time. Item 6 Packet Page 75 Figure 5- Changes in Groundwater Elevation from 1997 - 2011 Just as pumping groundwater for domestic and agricultural uses can remove water from a groundwater basin, infiltration of rain, subsurface inflow from surrounding bedrock, and percolation of streamflow from local creeks can return water to the groundwater basin. This chapter qualitatively describes these, and other various groundwater recharge and discharge types within the SLO Basin. Following discussions related to the connection between groundwater and stream flows, the chapter addresses groundwater quality within the basin. While SGMA is not designed to resolve any specific groundwater contamination issues, it is important that the actions within a GSP not allow for the worsening or exacerbation of groundwater quality issues. Chapter 6: Water Budget Chapter 6 takes the description of water flowing in and out of a basin and attempts to quantify this flow volumetrically. The purpose of a “water budget” is to provide an accounting and assessment of the total annual volume of groundwater and surface water entering and leaving a basin. A water budget identifies and quantifies various components of the hydrologic cycle within a user-defined area, in this case the SLO Basin. Water circulates between the atmospheric system, land surface system, surface water bodies, and the groundwater system, as shown in Figure 6. Item 6 Packet Page 76 Figure 6 – The Hydrologic Cycle. Source: Department of Water Resources (Water Budget BMP, 2016) This chapter of the GSP provides an accounting and assessment of the total annual volume of groundwater and surface water entering (inflow) and leaving (outflow) the SLO Basin for historical and current conditions, as well as future conditions with climate change and management actions. The current water budget developed for this chapter was prepared for the two subareas that cover the SLO Basin, the San Luis Valley subarea and the Edna Valley subarea, both individually and combined into a single water budget for the entire Basin. This water budget results in estimates of the preliminary sustainable yield and overdraft, or surplus, for both subareas and for the entire Basin which are outlined in Table 1 and Table 2 below. The water budget equation used within this chapter to account for available water is as follows: Table 1 – Preliminary Sustainable Yield Estimate (Acre-Feet / Year) San Luis Valley Subarea 2,500 Edna Valley Subarea 3,300 Basin Total 5,800 Table 2 – Estimated Overdraft (Acre-Feet / Year) San Luis Valley Subarea -700* Edna Valley Subarea 1,100 Basin Total 400 *Surplus water available Item 6 Packet Page 77 Next Steps Through the first six GSP chapters, no major decisions have been made regarding long-term management of the SLO Basin. The first six chapters have largely served to define an effective governance structure, ensure all stakeholders are included in the GSP development process, and to compile data that will help to better understand local basin geology and groundwater conditions. Chapters 7 and 8, which are currently being drafted, set goals for where groundwater levels should be maintained in the SLO Basin and establish a groundwater monitoring network which will be used to track progress toward meeting these goals. These management goals will become the basis for defining what sustainability looks like in the SLO Basin. In 2021, Chapters 9 and 10 will be drafted, which identify the projects and management actions that will need to be undertaken in order for the basin to achieve sustainability by 2042. These projects and management actions may consist of strategies such as reductions in groundwater pumping, conservation, irrigation efficiencies, agricultural irrigation reductions, and water supply augmentation efforts. Figure 7 below summarizes the five major steps to the GSP development process and where we are currently in the drafting process. Figure 7 – GSP Development Steps As Chapter 9 is drafted, augmentation projects will look at all locally available water to potentially supplement supplies in the Edna Valley area. It is likely that delivery of a portion of the City’s recycled water supplies will be examined as one of many potential projects and management strategies. When examining augmentation projects and other management actions, it is important to remember that while SGMA goals are not required to be met until 2042, they will need to be perpetually maintained after 2042. Thus, the City must ensure that any participation in management actions, does not prohibit the City from meeting future in-City water demand, even after 2042. Item 6 Packet Page 78 ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACTS Budgeted: NA Budget Year: NA Funding Identified: NA There is no fiscal impact with the actions before Council. Staff time dedicated to the SGMA effort are incorporated in the annual budget appropriations. ALTERNATIVES Request staff return to the City Council, acting as the GSA, with additional information regarding GSP development. Attachments: a - Draft Communication and Engagement Plan b - Draft Data Management Plan c - COUNCIL READING FILE - Draft GSP Chapters 1-2 d - COUNCIL READING FILE - Draft GSP Chapters 3-4 e - COUNCIL READING FILE - Draft GSP Chapter 5 f - COUNCIL READING FILE - Draft GSP Chapter 6 g - COUNCIL READING FILE - City and County GSP MOA Item 6 Packet Page 79 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 DRAFT Communication and Engagement Plan for Groundwater Sustainability Plan Development in the San Luis Obispo Valley Groundwater Basin Prepared for San Luis Obispo County June 5, 2019 Item 6 Packet Page 80 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 ii Table of Contents 1. Introduction to the San Luis Obispo Valley Basin 2 2. Goals and Desired Outcomes 5 3. GSP Participants and the Decision-Making Process 6 4. Stakeholder Groups 10 5. Stakeholder Survey 12 6. Venues and Tools: Opportunities for Engagement 13 7. Evaluation and Assessment 16 8. Appendices 17 Item 6 Packet Page 81 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 1 The Sustainable Groundwater Management Act (SGMA) requires local governments and water agencies in California’s high- and medium-priority groundwater basins, as defined by the California Department of Water Resources (DWR), to form Groundwater Sustainability Agencies (GSAs) and operate under a Groundwater Sustainability Plan (GSP) by the year 2022. Basins subject to critical conditions of overdraft must begin to manage groundwater under a GSP sooner – by January 31, 2020. This Communication and Engagement Plan (C&E Plan) describes the planned activities for engaging interested parties in SGMA implementation efforts in the San Luis Obispo Valley Basin. It is designed to meet the stakeholder engagement requirements of SGMA and the GSP Regulations. The ultimate purpose of the document is to facilitate effective communication and engagement with the multiple and varied stakeholders in the San Luis Obispo Valley Basin. Structure of this C&E Plan DWR defines the purpose of its Stakeholder Communication and Engagement Guidance Document (C&E Guidance Document) to: • Demonstrate how a GSA can effectively communicate and engage with multiple and varied stakeholders • Identify the methods and tools to support communication and engagement • Identify how a GSA can conduct meaningful engagement to develop a GSP The C&E Guidance Document describes DWR’s seven-step process for communication and engagement: 1. Set Goals and Desired Outcomes 2. Identify Your Stakeholders 3. Stakeholder Survey and Mapping 4. Messages and Talking Points 5. Venues for Engaging 6. Implementation Timeline 7. Evaluation and Assessment This C&E Plan is organized to follow the steps suggested above and shown in Figure 1. Figure 1. Engagement Steps from DWR GSP Stakeholder and Engagement Guidance Document Item 6 Packet Page 82 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 2 1. Introduction to the San Luis Obispo Valley Basin The San Luis Obispo Valley Basin (Groundwater Basin 3-009 1) is situated in the San Luis and Edna Valleys in central to southwest San Luis Obispo County. The basin overlies an area of approximately 12,700 acres and is part of the Central Coast Watershed. It is bound on the northeast by the Santa Lucia Range, on the southwest by the San Luis Range, and on all other sides by contact with impermeable Miocene and Franciscan Group rocks. A rise in bedrock south of the San Luis Obispo Airport has created two separate subsurface drainage systems known as the San Luis Valley subbasin and the Edna Valley subbasin. The Edna Valley subbasin covers approximately 4,700 acres and is entirely within the unincorporated San Luis Obispo County (County). The San Luis Valley subbasin spans approximately 8,000 acres and includes both the unincorporated county and city of San Luis Obispo (City). • City of San Luis Obispo. The City of San Luis Obispo is located near the intersection of Highway 101 and Hwy 1. A portion of the City is located within the basin. The City’s land uses consist primarily of commercial and residential areas. • San Luis Obispo County. San Luis Obispo County is located in the southern region of California between approximately San Miguel and Santa Maria. The entire basin is located within the County. The County’s land uses consist of commercial, agricultural, residential, and undeveloped lands. The primary sources of water supply for uses in the basin include groundwater from the San Luis Obispo Valley Basin and surface water from the Whale Rock Reservoir, Salinas Reservoir, the Nacimiento Water Project, and recycled water through the City’s Water Recycling Program.2 Water users in the basin include municipalities, communities, rural domestic residences, and industrial, environmental, and agricultural users. The major water purveyors are the Edna Valley Growers Mutual Water Company, Varian Ranch Mutual Water Company, Edna Ranch Mutual Water Company, and Golden State Water Company. Figure 2 shows the location of the San Luis Obispo Valley Basin and the GSA boundaries. 1 As identified and delineated in California Department of Water Resources Bulletin 118 https://water.ca.gov/Programs/Groundwater-Management/Bulletin-118 2 https://www.slocity.org/government/department-directory/utilities-department/water/water-sources/recycled- water Item 6 Packet Page 83 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 3 Figure 2. San Luis Obispo Valley Basin Groundwater Sustainability Agency Boundary Item 6 Packet Page 84 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 4 This page intentionally left blank. Item 6 Packet Page 85 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 5 2. Goals and Desired Outcomes The goal of this C&E Plan is to describe the planned activities for engaging interested parties in SGMA implementation efforts in the San Luis Obispo Valley Basin and to provide opportunities for interested parties to participate in GSP development. This plan serves as a roadmap to support achieving the desired outcomes identified below. • Educate the public about the importance of the GSP and the value of their input. Stakeholder input is a critical part of the GSP development process. Basin stakeholders define the values of the local community and priorities for groundwater management. This valuable input identifies the unique concerns of the stakeholders and guides decision-making and development of projects and management actions. The C&E Plan is designed to encourage stakeholder participation and to disseminate information about GSP development. • Engage a diverse group of stakeholders. The C&E Plan is developed with thoughtful consideration about how to engage the diverse array of stakeholders in the basin. One size does not fit all when it comes to stakeholder engagement. The C&E Plan outlines multiple venues for communication with varied audiences. • Make stakeholder participation easy and accessible. One way to increase engagement is to make participation easy for the stakeholders. The opportunities for stakeholders to engage in GSP development should be clear and easily accessible. The C&E Plan provides methods to make engagement easy for stakeholders. • Allow interested parties the opportunity to provide meaningful input. Aligning the engagement schedule with the GSP development schedule allows stakeholders to engage at key decision points in the GSP development process. Public meetings will inform interested parties about what decisions need to be made, provide relevant technical information, and request feedback. • Provide a roadmap for GSA leadership. The C&E Plan provides a clear roadmap and schedule for GSA leaders to follow, keeping engagement efforts consistent among stakeholders and on track throughout the duration of the project. The goal and desired outcomes listed above are the drivers for this planning document. They inform and shape the remainder of this C&E Plan. Item 6 Packet Page 86 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 6 3. GSP Participants and the Decision-Making Process Everyone in the basin has a role to play in GSP development. Generally, participants fall into one of the following groups. • GSA Leadership • Technical Experts • Interested Parties Each of these groups provide a unique contribution to the GSP. GSA Leadership To comply with SGMA, two GSAs were formed to manage the groundwater resources of the San Luis Obispo Valley Basin in a sustainable manner as directed under a GSP that must be prepared by 2022 and implemented for the next 40 years • City of San Luis Obispo Groundwater Sustainability Agency • San Luis Obispo Valley Basin - County of San Luis Obispo Groundwater Sustainability Agency In January 2018, the City and the County entered into a Memorandum of Agreement (MOA) with the Edna Valley Growers Mutual Water Company, Varian Ranch Mutual Water Company, Edna Ranch Mutual Water Company, and Golden State Water Company to prepare a single GSP for the San Luis Obispo Valley Basin, establishing the Groundwater Sustainability Commission (GSC or Commission). The GSC serves as an advisory committee to the San Luis Obispo City Council and County of San Luis Obispo Board of Supervisors. The GSC has five members as shown in Table 1. Table 1. Commission Membership San Luis Obispo Valley Groundwater Sustainability Commission Members • One member representing the City • One member representing the County • One member representing Edna Valley Growers Mutual Water Company • One member collectively representing Varian Ranch Mutual Water Company and Edna Ranch Mutual Water Company • One member representing Golden State Water Company All meetings of the Commission are open to the public and interested parties are encouraged to attend. The Commission will make recommendations to the City Council and County Board of Supervisors regarding GSP development (e.g., recommendation to adopt). A public Notice of Intent to adopt the GSP and a public hearing will be held prior to adoption of the GSP. The final decision-making power to adopt the GSP will be executed separately by the City Council and County Board of Supervisors. Item 6 Packet Page 87 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 7 Technical Experts Technical experts are there to provide subject matter expertise on highly complex issues about the basin and surrounding basins and to inform the Commission and interested parties about the benefits and consequences of potential projects and management actions identified in GSP development. Technical experts may include outside consultants or staff of agencies that are signatories to the MOA. Section 3.2 of the MOA outlines how the City and County will retain consultant services. Interested Parties Interested parties consist of beneficial users of groundwater, stakeholders, and anyone affected/impacted by groundwater in and around basin. The interested parties may represent environmental interests, Native American tribes, agricultural interests, urban groundwater users, etc. GSA Leadership and Technical Experts provide information to interested parties through the engagement venues and tools described in this plan. The interested parties provide input regarding the priorities and values of the community and the likelihood of the success of proposed project concepts and the hurdles that must be overcome to achieve groundwater sustainability. Interested parties may also include agencies, such as the U.S. Department of Fish and Wildlife, with an interest in sustainable groundwater management in the basin. Interested parties can participate in the GSP development process by attending public meetings, commenting on draft documents, and participating in workshops. More information on interested parties is included in Section 4. Stakeholder Groups. GSP Chapter Review Process The San Luis Obispo Valley Basin GSAs formulated a process for reviewing draft GSP chapters, as illustrated in Figure 3. GSA leadership, technical experts, and interested parties have an opportunity to provide feedback on each chapter of the GSP at varying stages of the review process. The individual chapters will be prepared by the consulting team with input from GSA staff. After the draft chapters have been approved by the Commission they will be posted on the Portal to begin a minimum 30-day comment period. Specific dates will be provided for each draft document to allow for adequate review. Public comments will be submitted through the Portal and all comments received will be available for review. The comments will be reviewed by the technical experts and be considered for inclusion in the draft GSP. Item 6 Packet Page 88 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 8 Figure 3. GSP Chapter Review Process GSP Review Process Comments collected during public review of draft chapters will be considered when revising the chapters for the Draft GSP. After the draft GSP has been approved by the Commission it will be posted on the Portal to begin an additional minimum 30-day comment period. The roles of the GSP participants in preparation of the Final Draft GSP will follow the steps shown in Figure 4. Figure 4. GSP Review Process Item 6 Packet Page 89 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 9 GSP Adoption Process Once the GSP has been finalized, the Commission will make a recommendation to the GSAs to adopt the GSP. The City of San Luis Obispo City Council and San Luis Obispo County Board of Supervisors will then consider adoption of the GSP. The GSP participants with responsibilities in this phase are shown in Figure 5. Figure 5. GSP Adoption Process Item 6 Packet Page 90 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 10 4. Stakeholder Groups Pursuant to California Water Code sections 10723.8 and 10723.2, the San Luis Obispo Valley Basin GSAs will consider throughout the project the interests of all beneficial uses and users of groundwater, as well as those that are responsible for implementing the actions developed within the basin’s GSP. The San Luis Obispo Valley Basin GSAs are committed to an open public review and feedback process, including active and open discussions with all interested parties during the GSP development process. Appendix A includes the initial list of interested parties submitted to the California Department of Water Resources at the time of the GSA’s formation. The list includes parties grouped by the categories below. • Agencies • Water corporations regulated by PUC or a Mutual Water Company • Agricultural users • Domestic well owners • Municipal well operators • Public water systems • Local land use planning agencies • Environmental users of groundwater • Surface water users • Federal government • California Native American tribes • Disadvantaged Communities Stakeholder Group Identification The stakeholder list provided in Appendix A was used to form the Basin’s initial interested parties list. The interested parties list was expanded by adding information collected via the SGMA interest e-mail list hosted on the County’s website.3 The SGMA interest e-mail list has been online for more than one year and over 280 parties have indicated interest in being added to the Basin’s mailing list. Once signed up for the interest list, parties are contacted via email when events related to GSP development are scheduled for the San Luis Obispo Valley Basin. The interested parties list will continue to expand as people answer the stakeholder survey (Section 5) and are encouraged to sign up for communications via the Groundwater Communication Portal described below. Groundwater Communication Portal A web-based outreach tool called the San Luis Obispo Valley Basin Groundwater Communication Portal (Portal) electronically notifies interested parties when the GSAs host events regarding groundwater management. The Portal is used to grow and maintain the interested parties list described above. Interested parties can add themselves to the interest list and access draft chapters for review at any time by registering for portal access at [to be added once domain name has been purchased]. 3 https://www.slocounty.ca.gov/Departments/Public-Works/Committees-Programs/Sustainable-Groundwater- Management-Act-(SGMA)/San-Luis-Obispo-Valley-Groundwater-Basin.aspx Item 6 Packet Page 91 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 11 The Portal will track outreach engagements such as Commission meetings and communications with individuals or groups of stakeholders involved in the development of the GSP and store the information in a database for GSA retrieval. The database will include meeting dates, locations, times, and documents such as meeting agendas. A description of the Portal and its functions is provided in Appendix B. Item 6 Packet Page 92 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 12 5. Stakeholder Survey DWR created a stakeholder survey template hosted at the Communication and Engagement Digital Toolkit4 webpage. The survey is designed to learn about stakeholder interests, issues, and challenges. The survey may include the following questions: • Are you familiar with SGMA regulations? • Are you currently engaged in activity or discussions regarding groundwater management in this region? • Do you own or manage land in this region? • Do you manage water resources? If yes, what is your role? • What is your primary interest in land or water resources management? • Do you have concerns about groundwater management? If so, what are they? • Do you have recommendations regarding groundwater management? If so, what are they? • What else do you want us to know? • Who else should we listen to? The survey has been customized for San Luis Obispo Valley Basin GSP development and is included as Appendix C. The survey is scheduled to be distributed to interested parties in Summer 2019. The results of the survey will be used to inform this plan and will be included in the Final C&E Plan submitted with the Final GSP. 4 https://water.ca.gov/Programs/Groundwater-Management/Assistance-and-Engagement Item 6 Packet Page 93 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 13 6. Venues and Tools: Opportunities for Engagement The San Luis Obispo Valley GSAs aim to encourage stakeholders with diverse social, cultural, and economic backgrounds to be actively involved in the GSP development. To achieve this goal, focused engagement and thoughtfully selected venues and tools should be employed. Focused Engagement The initial list of interested parties that was imported into the Portal from the County’s SGMA email interest list included 290 entries. To support the diversity of elements and ensure we engage with potentially underrepresented communities on the list, the groups below will be given focused attention when choosing venues and tools for engagement. • Disadvantaged Communities. The City is recognized as a Disadvantaged Community (DAC).5 Meetings will be held in proximity to this area to allow easy access for interested parties. Information about GSP development and meeting dates/times will be posted in areas that the City has found to be successful in reaching underrepresented populations in previous outreach efforts. These areas include public events such as the Farmer’s Market, City kiosks at City facilities such as the finance office where utility bills are paid, the parks and recreation department where after-school programs are coordinated, and other City facilities such as the Senior Citizens Center. • Bilingual Residents. The GSAs will gather information regarding the languages spoken in the communities within the basin and provide translation services for the languages as appropriate per the Dymally-Alatorre Bilingual Service Act. • Tribal Governments. Per SGMA §10720.3(c), any federally recognized Indian tribe may voluntarily agree to participate in the planning, financing, and management of groundwater basins. There are no federally recognized Native American tribes within the geographic boundaries of the San Luis Obispo Valley Basin. However, the Northern Chumash Tribal Council community encompasses the County area. Therefore, the San Luis Obispo Valley GSAs will refer to DWR’s Engagement with Tribal Governments Guidance Document and will contact the tribal representative to invite participation in GSP development. Stakeholder Workshops Stakeholder workshops are designed to create opportunities for stakeholders and other interested parties to provide meaningful input during GSP chapter development. The workshop schedule is aligned with the GSP development schedule (Appendix D) for this purpose. The workshops will be led by technical experts such as consultants or GSA staff. Workshop dates will vary based on when input is deemed most useful. Suggestions for optimizing the benefit of the workshops are listed below. • Choose workshop venues, dates, and times to maximize stakeholder participation. • Use the Portal to inform interested parties about workshops during GSP development. 5 Per DWR Disadvantaged Communities Mapping Tool at https://gis.water.ca.gov/app/dacs/; accessed May 28, 2019 Item 6 Packet Page 94 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 14 • Announce the Portal at stakeholder workshops and encourage attendees to sign up. Groundwater Sustainability Commission Meetings Regular meetings of the Groundwater Sustainability Commission provide an opportunity for City and County staff, participating parties, and their consultants to present updates on the status of GSP development. Meetings are scheduled every three months (quarterly). See the GSP development schedule (Appendix D) for planned dates. An interested party may sign up on the emailing list using the Portal to receive updates on meeting dates and times. Meetings of the Groundwater Sustainability Commission are subject to the Brown Act and are open to the public. Public Notices and Hearings Meeting notices will be sent in advance of stakeholder workshops and Commission meetings. SGMA requires a publicly noticed hearing at three distinct points in GSP development: • At GSA formation §10723(b) – this process is complete • When a GSP is adopted or amended (§10728.4) • Before imposing or increasing fees Public Draft GSP Documents When draft GSP component documents (e.g., chapters) are released by the Commission, they will also be posted to the Portal and will be open for public comment. A comment form will be available on the Portal to submit comments on draft documents by chapter and section. These comments will be considered when revising the public draft documents and finalizing the Final Draft GSP chapters. Tools for Communication Initially, the GSAs anticipate producing the informational materials listed below. GSA Website The County has a webpage dedicated to SGMA implementation in the San Luis Obispo Valley Basin. Both the City and County websites point to this page 6 to share information on GSP development. The site will be supplemented by the Portal as discussed below. Groundwater Communication Portal (Portal) The GSAs will use the San Luis Obispo Valley Basin Portal as a tool to communicate with interested parties. The Portal will store interested party information and distribute e-mail invitations for events posted to the calendar, these events may include GSC meetings, workshops, and other outreach events. There are additional tools within the Portal that will be used to enhance communication. These tools include the following: • E-Blast. E-mails will be sent to interested parties for those who sign up for email notifications on the Portal using the e-blast tool. E-blasts will be effective for sending reminders of upcoming deadlines, such as the close of a survey or comment period. • Public Comment Form. During public comment periods, a form will be available on the Portal for interested parties to submit comments on draft GSP documents. The form allows comments 6 https://www.slocounty.ca.gov/Departments/Public-Works/Committees-Programs/Sustainable-Groundwater- Management-Act-(SGMA)/San-Luis-Obispo-Valley-Groundwater-Basin.aspx Item 6 Packet Page 95 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 15 by chapter and automatically stores the information for GSA review, reducing the risk of misplaced comments. Direct Mailing Communications about GSP development will be sent only in digital format. For those who don’t have access online or prefer to receive direct postal mailings, the agenda and agenda packet will be mailed to those who request it. There may be times when a direct postal mailing is appropriate. The County sent a mailer in May 2019 to provide information about the next two Commission meetings. The mailer also includes a request form for the recipient to fill out and return to the County if he/she desires to receive notification of future events via postal mail. A copy of the mailer is provided as Appendix E. Outreach Materials Given previous outreach efforts within City limits, the City does not believe a direct mail piece would be effective in reaching community members or the DAC population. To reach these community members, the City plans to direct outreach efforts for SGMA meetings to online resources, public events such as a Farmer’s Market, and with outreach at several City kiosks at City facilities including the finance office where utility bills are paid, the parks and recreation department where after-school programs are coordinated, and at other City facilities such as the Senior Citizens Center. FAQ A frequently asked questions (FAQ) document will be created and updated periodically throughout the GSP development. The FAQ will address questions about SGMA, San Luis Obispo Valley Basin GSAs, and the development of the GSP. Updates to the FAQ will be posted on the Portal and on the County and City websites. Item 6 Packet Page 96 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 16 7. Evaluation and Assessment The activities identified in this C&E Plan are designed to meet the goals and objectives identified in Section 2. Below, Table 3 lists tasks compiled from the contents of this C&E Plan. This is a working list that will be modified and updated as needed throughout GSP development. Table 3. Outreach Tasks C&E Plan Section Task Description 4 Launch Groundwater Communication Portal (GCP) Link to Portal from existing website, announce URL at Commission meeting, post future meetings to calendar, send invitations 5 Conduct Stakeholder Survey Modify DWR's stakeholder survey for this basin, collect stakeholder feedback via custom survey (Appendix C) 6 Assess need for translation services Document the GSA determination of what constitutes a substantial number of non-English speaking people per the Dymally-Alatorre Bilingual Service Act and the level to which translation services will be provided 6 Public Postings Post information about GSP development and meetings in public spaces within the City limits such as Farmer’s Market and City facilities 6 Conduct Stakeholder Workshops Conduct stakeholder workshops per the GSP Development Schedule (Appendix D) 6 Public Notices Send meeting notices in advance of stakeholder meetings, including Commission meetings 6 Direct Mailing Send direct mail to land owners in unincorporated areas of the basin to announce GSP development and Commission meetings. Stakeholders who request it may have the agenda and agenda packet sent to them 6 Hold a public hearing for GSP adoption Per SGMA § 10728.4, give 60-day notice and hold a public hearing to adopt the final GSP before submitting to DWR 6 Include GCP URL on printed materials Educate public about where they can find information and updates related to groundwater management in the basin 6 Announce GCP at public meetings Educate public about where they can find information and updates related to groundwater management in the basin (GCP) Like the list above, this C&E Plan is a living document to be updated as needed throughout GSP development. Successful use and implementation of the task list and C&E Plan will indicate success. Item 6 Packet Page 97 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 17 8. Appendices Appendix A. Stakeholder lists submitted at time of GSA formations Appendix B. Groundwater Communication Portal (GCP) Appendix C. San Luis Obispo Valley Basin Stakeholder Survey Appendix D. GSP Development Schedule Appendix E. Postal Mailer: Groundwater Sustainability Plan Update Appendix F. References Item 6 Packet Page 98 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 Appendix A. Stakeholder lists submitted at time of GSA formations Item 6 Packet Page 99 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 Item 6 Packet Page 100 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 Item 6 Packet Page 101 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 Item 6 Packet Page 102 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 Appendix B. Groundwater Communication Portal (Portal) Item 6 Packet Page 103 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 San Luis Obispo Valley Basin Groundwater Communication Portal (Portal) GEI Consultants developed a tool to help our clients with their SGMA outreach efforts. The tool, referred to as the Groundwater Communication Portal (Portal), can be customized for any groundwater basin to track engagement efforts. The GCP is a web-based tool where you can post events and automatically inform interested parties with the click of a button. Interested parties can register with the GCP to stay informed about events related to GSP development and register for individual events to receive updates. The GCP serves as a repository for all information about GSA meetings and interested parties. Storing all stakeholder engagement information in one place will be beneficial both for creating the communications section of the GSP and for continued tracking of outreach efforts moving forward to GSP 5-year updates and implementation. The Portal’s administrative functions include report generation, so you can easily generate your list of interested parties or details about events (e.g., who was notified). Administrators may also add attachments to the events, including items such as meeting agendas, minutes, and sign-in sheets. Portal Features • Maintain the GSAs’ list of interested parties • Allow interested parties to self- register • Post meeting details and documents • Automatically notify interested parties with the click of a button • Track who was notified and who replied to your invitation • View a calendar of events • Send e-mail blasts • Track outreach efforts with a communication log • Upload project documents and collect public comments Draft design for the San Luis Obispo Valley GCP Item 6 Packet Page 104 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 Appendix C. San Luis Obispo Valley Basin Stakeholder Survey (not included in this draft) Item 6 Packet Page 105 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – June 5, 2019 Appendix D. GSP Development Schedule Item 6 Packet Page 106 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 Item 6 Packet Page 107 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 Appendix E. Postal Mailer: Groundwater Sustainability Plan Update Item 6 Packet Page 108 Draft Communication & Engagement Plan for San Luis Obispo Valley Groundwater Basin – May 29, 2019 Item 6 Packet Page 109 Appendix F. References Item 6 Packet Page 110 Stakeholder Communication and Engagement Guidance Document for Groundwater Sustainability Plan, Department of Water Resources, January 2018 Engagement with Tribal Governments Guidance Document for Sustainable Management of Groundwater, Department of Water Resources, June 2017 Item 6 Packet Page 111 DRAFT San Luis Obispo Valley Basin Data Management Plan Data Management System to Support Implementation of the Sustainable Groundwater Management Act Prepared for: County of San Luis Obispo GSA City of San Luis Obispo GSA Prepared by: GEI Consultants 2868 Prospect Park Drive, Suite 400 Sacramento, CA 95670 August 31, 2020 Item 6 Packet Page 112 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 1 DRAFT Table of Contents Table of Contents ..................................................................................................................................................... 1 1. Introduction ..................................................................................................................................... 2 1.1 SGMA DMS Requirements .................................................................................................. 2 2. Data Needs for SGMA .................................................................................................................... 3 3. Data Sources ................................................................................................................................... 6 4. Data Structure ................................................................................................................................. 7 5. Data Import ...................................................................................................................................... 9 5.1 Data Compilation (STEP 1) ................................................................................................. 9 5.2 Data Formatting and Review (STEP 2) ............................................................................... 9 5.3 Data Upload (STEP 3) ....................................................................................................... 11 6. SGMA Data Viewer ....................................................................................................................... 12 7. DMS User Types ........................................................................................................................... 15 8. Data Retrieval ................................................................................................................................ 16 Figures Figure 1. Groundwater Basins in San Luis Obispo County ........................................................................................ 3 Figure 2. DWR’s Sustainability Indicators and Metrics ............................................................................................... 4 Figure 3. DMS Tables ................................................................................................................................................. 7 Figure 4. Template Import Process for Local Data ..................................................................................................... 9 Figure 5. Example Template (Well Pumping) ........................................................................................................... 11 Figure 6. Design for Data Viewer ............................................................................................................................. 12 Figure 7. SLO County Exports Page Design ............................................................................................................ 16 Tables Table 1. Monitoring data for the SGMA sustainability indicators ................................................................................ 5 Table 2. Data Sources to Populate the DMS ............................................................................................................. 6 Table 3. DMS Table Descriptions ............................................................................................................................... 8 Table 4. Well Data Templates .................................................................................................................................. 10 Table 5. Station Data Templates .............................................................................................................................. 10 Table 6. Independent Data Templates ..................................................................................................................... 10 Table 7. Map Viewer Navigation ............................................................................................................................... 12 Table 8. Reference Data Not Stored in the DMS Database ..................................................................................... 13 Item 6 Packet Page 113 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 2 DRAFT 1. Introduction The purpose of this Data Management Plan (DMP) is to describe the planned Data Management System (DMS) and the process for collection, review, and upload of data used to develop a Groundwater Sustainability Plan (GSP) for the San Luis Obispo Valley Groundwater Basin (SLO Basin). This document does not provide final specifications for a complete DMS. Rather, it describes the data needed to comply with SGMA, the method to be used for data collection, and the plan for DMS development. 1.1 SGMA DMS Requirements The Sustainable Groundwater Management Act (SGMA) requires development of a DMS. The DMS stores data relevant to development of a groundwater basin’s GSP as defined by the GSP Regulations (California Code of Regulations, Title 23, Division 2, Chapter 1.5, Subchapter 2). The GSP Regulations give general guidelines for a DMS: § 352.6. Data Management System Each Agency shall develop and maintain a data management system that is capable of storing and reporting information relevant to the development or implementation of the [Groundwater Sustainability] Plan and monitoring of the basin. Note: Authority cited: Section 10733.2, Water Code. Reference: Sections 10727.2, 10728, 10728.2, and 10733.2, Water Code. § 352.4. Data and Reporting Standards (c) The following standards apply to wells: (3) Well information used to develop the basin setting shall be maintained in the Agency’s data management system Note: Authority cited: Section 10733.2, Water Code. Reference: Sections 10727.2, 10727.6, and 10733.2, Water Code. § 354.40. Reporting Monitoring Data to the Department Monitoring data shall be stored in the data management system developed pursuant to Section 352.6. A copy of the monitoring data shall be included in the Annual Report and submitted electronically on forms provided by the Department. Note: Authority cited: Section 10733.2, Water Code. Reference: Sections 10728, 10728.2, 10733.2, and 10733.8, Water Code. To comply with SGMA, the SLO Basin DMS will store data that is relevant to development and implementation of the GSP as well as for monitoring and reporting purposes. Item 6 Packet Page 114 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 3 DRAFT 2. Data Needs for SGMA The SLO Basin is in San Luis Obispo County, California. The county spans multiple groundwater basins – 6 of which are engaged in SGMA activity. Each basin complying with SGMA is required to store data in a DMS. Rather than host several systems, a county-wide DMS will be implemented to support county data initiatives for SGMA and other non-SGMA data initiatives. Figure 1. Groundwater Basins in San Luis Obispo County 1 SGMA defines sustainable groundwater management as “the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results.”2 Furthermore, SGMA outlines six undesirable results as follows:3 One or more of the following effects caused by groundwater conditions occurring throughout the basin: (1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to 1 Source: California Department of Water Resources, SGMA Data Viewer, accessed August 14, 2020. 2 §10721(v) 3 §10721(x) Item 6 Packet Page 115 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 4 DRAFT establish a chronic lowering of groundwater levels if extractions and groundwater recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. (2) Significant and unreasonable reduction of groundwater storage. (3) Significant and unreasonable seawater intrusion. (4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. (5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. (6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. The presence or absence of the six undesirable results in a groundwater basin is determined by monitoring and reviewing data for six sustainability indicators (one for each undesirable result). A set of associated measurable objective and minimum threshold will be assigned for each indicator and will be included in the DMS. There are multiple metrics by which the sustainability indicators may be observed. The sustainability indicators and their respective metrics, as defined in the GSP Regulations and described by the California Department of Water Resources (DWR) in the Sustainable Management Criteria Best Management Practice (BMP) document,4 are shown in Figure 2. Figure 2. DWR’s Sustainability Indicators and Metrics 4 https://water.ca.gov/LegacyFiles/groundwater/sgm/pdfs/BMP_Sustainable_Management_Criteria_2017-11-06.pdf. Item 6 Packet Page 116 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 5 DRAFT Table 1 describes the types of data that may possibly be monitored for each sustainability indicator. Sustainability indicators do not need to be tracked by every available monitoring type. Table 1. Monitoring data for the SGMA sustainability indicators Sustainability Indicator Monitoring Data Types Water Level Extensometer GPS InSAR Water Quality Stream stages Well and/or Site Data Chloride ±10 constituents Lowering groundwater levels   Reduction of storage   Seawater intrusion    Degraded quality     Land subsidence      Surface water depletion    The DMS will accommodate data relevant to each sustainability indicator. The monitoring data types listed in Table 1 represent the various data sets required to populate the DMS for tracking sustainability indicators. However, there is additional data that is readily available and may be included in the DMS to assist with preparation of GSPs and to support annual reporting. Item 6 Packet Page 117 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 6 DRAFT 3. Data Sources Table 2 illustrates the data sources that will be used to populate the DMS to support GSP development, sustainability indicator monitoring, and annual reporting. The data categories listed below inform the design of the DMS and support the data needs presented previously in Table 1. Table 2. Data Sources to Populate the DMS Data Category State and Federal Data Sources Local Data Sources California Statewide Groundwater Elevation Monitoring (CASGEM) Well Logs California Data Exchange Center (CDEC) Geotracker Groundwater Ambient Monitoring and Assessment (GAMA) United States Geological Survey (USGS) Irrigated Lands Program Participating Agencies Other Groundwater Users* Well and Site Info       Lithology      Water Level     Water Quality     Subsidence   Precipitation   Land Use  Surface Water (Diversions, Stream Gages)   Pumping   *Private parties and mutual water companies Item 6 Packet Page 118 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 7 DRAFT 4. Data Structure The DMS will be comprised of a database plus an online web viewer. Data stored in the DMS will be separated by categories into tables. The tables shall contain columns and rows of data. Each field will hold a specific type of data, such as a number, text, or date. The planned DMS data tables are shown as Figure 3. The figure is color-coordinated to show the relationship between tables: • Main tables (Blue) – Each dataset will be associated with EITHER a well or a station (e.g., extensometer). These are the main tables and include point data with unique identification and locations. • Sub tables (Green) – Sub tables are related to the main tables and hold additional details about a well or site (e.g., correlation of a well with a water level measurement). Figure 3. DMS Tables Main Tables Well_Info Station_ Info Sub Tables Diversion_ Data Gage_ Data Precipitation_ Data Subsidence_ Data Sustainability_ Indicator Water_ Quality Water_Level Well_ Lithology Well_ Pumping Item 6 Packet Page 119 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 8 DRAFT A brief description of the main and sub tables is provided as Table 3. Table 3. DMS Table Descriptions Table Description Main Tables Station_Info Information about type of station (recharge site, diversion, gage, extensometer, GSP) and location information Well_Info General information about well, including well construction and screen information Sub Tables Diversion_Data Diversion volume measurements for a diversion site or managed recharge Gage_Data Measurements collected at river or stream gages Precipitation_Data Volumetric measurements collected at precipitation monitoring stations Subsidence_Data Measurements collected at subsidence monitoring stations (e.g., extensometer) Sustainability_Indicator Minimum Thresholds and Measurable Objectives set for monitoring network sites tracking Sustainable Management Criteria for SGMA compliance Water_Quality Contains water quality data for wells or any other type of site Water_Level Water level measurements for wells Well_Lithology Lithologic information at a well site (each well may have many lithologies at different depths) Well_Pumping Pumping or recharge measurements for wells Item 6 Packet Page 120 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 9 DRAFT 5. Data Import Importing data to the DMS consists of three steps, as shown on Figure 4 and listed below: 1. Data compilation 2. Data review and formatting 3. Upload data The DMS shall be designed to use this process to import data for all basins in San Luis Obispo County. The DMS development team will upload data to support the SLO Basin GSP. Data for other basins will be loaded by other teams’ GSP efforts. Figure 4. Template Import Process for Local Data 5.1 Data Compilation (STEP 1) Historical data must be gathered to populate the DMS. Select state and federal data (as provided earlier in Table 2) for the SLO Basin will be compiled by the GSAs and their consultant(s). Participating agencies and other stakeholders will compile local data and data for other basins in the County. 5.2 Data Formatting and Review (STEP 2) After the data is compiled, it shall be normalized by use of Microsoft Excel templates designed exclusively for the DMS. Each of the main and sub tables, described previously in Section 4, will have a template. Item 6 Packet Page 121 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 10 DRAFT The tables below list and describe the templates planned for the DMS. There are three types of data templates: • Groundwater well data templates: for data associated with a well. • Station data templates: for data associated with a station. A station is defined as any site, that isn’t a groundwater well, tracking DMS data (e.g., extensometer). • Independent data templates: for data that is not associated with a single well or station. Table 4. Well Data Templates Template Description WELL_INFO Well site information including construction and location WELL_SCREEN Screened intervals associated with a well site WELL_AQUIFER Aquifers associated with a well site WELL_LITHOLOGY Lithologic information at a well site (each well may have many lithologies at different depths) WELL_WATER_LEVEL Water level measurements taken at wells WELL_PUMPING Pumping or recharge measurements for wells WELL_WATER_QUALITY Water quality data collected at well sites WELL_SUST_INDICATOR Minimum Thresholds, Measurable Objectives, and Interim Milestones set for wells (not stations) Table 5. Station Data Templates Template Description STATION_INFO Information about a non-well station (e.g., recharge site) and location information STATION_PRECIPITATION_DATA Volumetric measurements collected at stations such as precipitation monitoring sites STATION_SUBSIDENCE_DATA Measurements from subsidence stations STATION_GAGE_DATA Measurements collected at river and stream gages STATION_WATER_QUALITY Water quality data collected at non-well stations STATION_DIVERSION_DATA Diversion volume measurements for a diversion site or managed recharge STATION_SUST_INDICATOR Minimum Thresholds, Measurable Objectives, and Interim Milestones set for stations (not wells) Table 6. Independent Data Templates Template Description AGENCY Addresses and other identifying information about the source agencies for data in the system WATER_YEAR Water year type (e.g., dry) DOCUMENT Document information including file type, name, and file path Item 6 Packet Page 122 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 11 DRAFT The data templates will include rules restricting formatting and alphanumeric properties to provide quality assurance/quality control (QA/QC) and to prevent errors and duplication when importing. The templates include pop-up windows to describe the type of data that should be entered in each column. If a specific filter must be applied, then only values that meet the criteria will appear in a drop-down list. Figure 5 provides a screenshot of an example Excel template. Figure 5. Example Template (Well Pumping) When data is compiled it must also be reviewed for accuracy. The template restrictions described above provide one level of QA/QC. As a second level of QA/QC, the initial set of compiled historical data will be reviewed by the consulting team before it is migrated into the database. This review will be focused and limited in scope. It will include the following manual checks: • Identifying outliers that may have been introduced during the original data entry process • Identifying potential duplication of data • Removing or flagging questionable data • Visualizing data in various software platforms outside the DMS to further assess the quality of the data After the historical data is populated, future data will be reviewed by the County before it is fully imported to the DMS. 5.3 Data Upload (STEP 3) Once the data is formatted and reviewed it will be uploaded to the DMS and displayed with a visualization tool (described in the next section). When loading the data, an automated check will be run by the DMS to capture errors or duplicates, if any, and a response will be generated to indicate errors so they may be corrected. The upload templates will be available for download in the DMS interface to load future data. Item 6 Packet Page 123 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 12 DRAFT 6. SGMA Data Viewer The DMS will include a user-friendly web viewer to display the SGMA data including the SGMA-specific sustainable management criteria (SMC) information such as representative monitoring sites, minimum thresholds, measurable objectives, and interim milestones. The DMS SGMA data will display both with a map view and a detail view. Clicking on a point on the map will reveal details of the selected well or feature. The viewer will generate a hydrograph for points with water level data, and time-series graphs for water quality and subsidence data. The visual design of the Data Viewer (with test data) is shown in Figure 6. Figure 6. Design for Data Viewer The types of data to be visualized on the map and available via the map’s navigation menu are listed in Table 7. Table 7. Map Viewer Navigation Menu Navigation Description Groundwater Levels Water level data and associated wells with well completion reports. Groundwater Storage GSA groundwater storage monitoring network sites. Water Quality Water quality well and station data for greater than 100 constituents. Land Subsidence Subsidence data from extensometers and other stations plus InSAR data. Interconnected Surface Water Data related to the interconnected surface water sustainability indicator such as proximity wells, river and stream gages, precipitation stations, and more. Seawater Intrusion Sites tracking the SGMA seawater intrusion sustainability indicator. Item 6 Packet Page 124 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 13 DRAFT Hydrogeologic Conceptual Model (HCM) Data useful for development of a hydrogeoglogic conceptual model of the basin including suitability of soil for recharge, geologic maps, and fault maps. Boundaries GSA and other relevant boundaries. There are two categories of data displayed on the map viewer: data stored in the DMS and reference data drawn directly from outside sources that is useful for groundwater management. All the data discussed in the previous sections, 3. Data Sources and 4. Data Structure, referred to data to be stored in the DMS database. Table 8 below displays a list of reference data that is available for display in the map viewer but is tied directly to an external source (such as CDEC), not to the data stored in the DMS. Table 8. Reference Data Not Stored in the DMS Database Menu Navigation Data Title Source Groundwater Levels DWR Periodic Groundwater Measurements • California Natural Resources Agency Open Data Platform https://data.cnra.ca.gov/dataset/periodic-groundwater-level- measurements • Water Data Library http://wdl.water.ca.gov/waterdatalibrary DWR Continuous Groundwater Measurements • https://data.cnra.ca.gov/dataset/continuous-groundwater- level-measurements • http://wdl.water.ca.gov/waterdatalibrary USGS Periodic Groundwater Measurements • https://nwis.waterdata.usgs.gov/usa/nwis/gwlevels Seasonal Groundwater Level Reports DWR Enterprise Water Management database (EWM), which includes water level data previously stored in the DWR Water Data Library and CASGEM databases. Well Completion Reports • https://data.cnra.ca.gov/dataset/well-completion-reports • https://gis.water.ca.gov/arcgis/rest/services/Environment/i07 _WellCompletionReports/FeatureServer • https://gis.water.ca.gov/arcgis/rest/services/Environment/i07 _WellCompletionReports/MapServer Water Quality Water Quality Portal (WQP) • https://www.waterqualitydata.us/ Land Subsidence DWR Extensometers • https://data.cnra.ca.gov/dataset/wdl-ground-surface- displacement USGS Extensometers • https://waterservices.usgs.gov/rest/Site-Test-Tool.html TRE ALTAMIRA InSAR Dataset • Image Server: https://gis.water.ca.gov/arcgisimg/rest/services/SAR • Download @OpenData: https://data.cnra.ca.gov/dataset/tre- altamira-insar-subsidence NASA JPL InSAR Dataset • Image Server: https://gis.water.ca.gov/arcgisimg/rest/services/SAR • Download @OpenData: https://data.cnra.ca.gov/dataset/nasa-jpl-insar-subsidence Interconnected Surface Water CDEC Stations • http://cdec.water.ca.gov/ Item 6 Packet Page 125 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 14 DRAFT Menu Navigation Data Title Source Water Budget Statewide Crop Mapping 2014 • Feature Server: https://gis.water.ca.gov/arcgis/rest/services/Planning/CropM apping2014/FeatureServer • Map Server: https://gis.water.ca.gov/arcgis/rest/services/Planning/CropM apping2014/FeatureServer • Download and API @OpenData: https://data.cnra.ca.gov/dataset/crop-mapping-2014 Hydrogeologic Conceptual Model UC Davis SAGBI • California Soil Resource Lab at UC Davis and UC-ANR. Soil Survey Geographic Database • https://services.arcgis.com/P3ePLMYs2RVChkJx/ArcGIS/re st/services/DownloaderBasinsv2/FeatureServer/0 • http://www.arcgis.com/home/item.html?id=c2b408ba5c0a4fe 1a79377906935c1a4 CGS Geologic Map - 750k Generalized • Metadata: https://maps.conservation.ca.gov/cgs/metadata/GDM_002_ GMC_750k_v2_metadata.html • Webmap: https://maps.conservation.ca.gov/cgs/gmc/ • Service: http://spatialservices.conservation.ca.gov/arcgis/rest/service s/CGS/GeologicMapCA/MapServer/21 Quaternary Surficial Deposits • Project Website: http://www.conservation.ca.gov/cgs/fwgp/Pages/sr217.aspx • Metadata: https://maps.conservation.ca.gov/cgs/metadata/QSD_metad ata.html • Webmap: https://maps.conservation.ca.gov/cgs/qsd/ • Service: https://spatialservices.conservation.ca.gov/arcgis/rest/servic es/CGS/GeologicMapCA/MapServer Fault Activity Map of California • Metadata: https://maps.conservation.ca.gov/cgs/metadata/GDM_006_ FAM_750k_v2_metadata.html • Webmap: https://maps.conservation.ca.gov/cgs/fam/ • Service: https://spatialservices.conservation.ca.gov/arcgis/rest/servic es/CGS/FaultActivityMapCA/MapServer Boundaries GSA Boundaries • DWR Bulletin-118 basin boundaries or as provided by client County Boundaries • https://data.cnra.ca.gov/dataset/california-counties Canals and Aqueducts • https://data.cnra.ca.gov/dataset/canals-and-aqueducts-local Disadvantaged Communities Blocks • https://data.cnra.ca.gov/dataset/census-block-group-2010 Disadvantaged Communities Places • https://data.cnra.ca.gov/dataset/census-place-2016 Disadvantaged Communities Tracts • https://data.cnra.ca.gov/dataset/census-tract-2010 Water Agencies • https://data.cnra.ca.gov/dataset/water-districts CASGEM Groundwater Basins Prioritization – 2019 - • https://data.cnra.ca.gov/dataset/ca-bulletin-118- groundwater-basins Item 6 Packet Page 126 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 15 DRAFT 7. DMS User Types All data stored in the DMS will be accessible by administrative users, based on user permissions. Some sensitive data, such as private well data, may require a higher level of permission to retrieve. These permissions will be determined by the client. Monitoring sites and their associated datasets are added to the DMS by managing entity administrators. In addition to user permissions, access to the monitoring datasets is controlled through assigning one of three options to the data type as follows: • Private data – Private data are monitoring datasets only available for viewing, depending on user type, by the entity’s associated users in the DMS. • Shared data – Shared data are monitoring datasets available for viewing by all users in the DMS, except for public users. • Public data – Public data are monitoring datasets that are available publicly that can be viewed by all user types in the DMS; public datasets may also be published to other websites or DMSs as needed. Managing entity administrators can set and maintain data access options for each data type associated with their entity. Item 6 Packet Page 127 Data Management Plan GEI Consultants, Inc. San Luis Obispo Valley Basin DMS 16 DRAFT 8. Data Retrieval Data may be retrieved in several ways: via the map viewer, by table, or by report type. • Map Viewer: The map viewer will be used to retrieve small amounts of data currently displayed on screen. • By Table: The Exports page will allow for export of entire DMS tables as comma- separated values (CSV) files. Figure 7 illustrates the design for the Exports page. • By Report Type: Reporting templates will be created to extract the specific group of data required for annual reporting to DWR. Figure 7. SLO County Exports Page Design Item 6 Packet Page 128 Department Name: Public Works Cost Center: 5006 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Hai Nguyen, Engineer II SUBJECT: AUTHORIZATION TO ADVERTISE THE HIGUERA STREET PAVING PROJECT, SPECIFICATION NO. 1000171 RECOMMENDATION 1. Approve the project plans (Attachment A) and specifications (Attachment B) for the Higuera Street Paving Project, Specification Number 1000171; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager, or their designee, to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the Engineer’s Estimate of $200,000. DISCUSSION Background In January 2020, Public Works staff were notified by the Downtown SLO Association of a trip and fall hazard on a segment of Higuera Street between Osos Street and Court Street (Attachment C). During normal times, this segment of Higuera experiences heavy pedestrian traffic during weekly Farmer’s Market events; low lighting conditions in the evening combined with dark pavement results in an increased risk of trip and fall hazards and liabilities to the City. An ensuing field investigation confirmed the existence of cracking and vertical displacement, creating the tripping hazard. Furthermore, the crack was evidence of potential deterioration of the pavement subgrade. To determine the problem’s cause and solution, the City hired Earth Systems to perform a pavement investigation for this stretch of roadway that was completed on May 13, 2020. The results indicated the pavement section had been spanning across loose fill and voids causing this settlement (cracking and displacement). The settlement along the center lane, adjacent to San Luis Creek Culvert has become noticeable and could cause increased risk of trip and fall claims when used for pedestrian purposes as a result. Based upon the investigation to date, the most cost effective method is to reconstruct the center lane with removal of deteriorated pavement and upper three feet of loose soil and replace with new pavement section structurally sufficient for traffic loading conditions. In addition to fixing the tripping hazard and eliminating liability exposure, completion of the Higuera Street Paving will restore this segment of roadway to new condition. Item 7 Packet Page 129 Previous Council or Advisory Body Action There is no previous Council or Advisory Body Action related to the recommended actions. Policy Context Per the October 2018 Purchasing Policy Update to the July 2015 Financial Management Manual, Council approval is required for Public Projects that cost over $175,000. Public Engagement Annual maintenance for public roadways, including streets reconstruction and resurfacing, was identified and included in the 2019-21 Financial Plan and identified as a Major City Goal. Staff will continue to coordinate this work with Downtown SLO and nearby businesses, but business impacts of this construction are anticipated to be low since this work will be completed at night and after the holiday season. CONCURRENCE This project has concurrence from Downtown SLO and the Public Works Transportation and Street Maintenance Divisions. ENVIRONMENTAL REVIEW This project is categorically exempt from environmental review pursuant to section 15301 of the CEQA Guidelines (Existing Facilities) since it is a maintenance and replacement project. A Notice of Exemption will be filed through the Community Development Department. FISCAL IMPACT Budgeted: No Budget Year: 2019-21 Funding Identified: Yes Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund $240,500 State Federal Fees Other: Total $240,500 Item 7 Packet Page 130 201 Fund 401 Fund Construction Estimate $144,924 $55,076 $200,000 Contingencies (15%)$30,000 $30,000 Total for Construction $230,000 Materials Testing $3,000 $3,000 Archaeological Monintoring $7,000 $7,000 Printing $500 $500 Total Project Cost $144,924 $95,576 $240,500 Current Project Balance:$62,283 $31,795 $94,078 Additional Funding from 1000114 $82,641 $137,359 $220,000 Remaining Balance:$0 $73,578 $73,578 Higuera Street Paving, Specification No. 1000171 Project Total Costs Street Reconstruction and Resurfacing Annual Asset Maintenance Account (90346) Funding for this project is available in the Street Reconstruction and Resurfacing (Streets R&R) Annual Asset Maintenance Account (Specification Number 90346) which has a current available balance of $94,078. Furthermore, the Roadway Sealing Project 2020 (Specification Number 1000114) is nearly complete and is under budget by approximately $220,000. Funds from that project will be returned to the Streets R&R Annual Asset Maintenance Account after project closeout, making them available to support this project. This project will not be awarded unless sufficient funding exists to support the work, including contingencies. Actual costs will be known when the project opens for bid. ALTERNATIVES Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to advertise this project. Staff does not recommend this option, as this stretch of roadway project will continue to deteriorate and causing future costlier repairs. Attachments: a - COUNCIL READING FILE - Spec. No. 1000171 Project Plans b - COUNCIL READING FILE - Spec. No. 1000171 Specifications c - Project Vicinity Map Item 7 Packet Page 131 HIGUERA STREET PAVING 1 OF 1 0 SCALE IN FEET 800 PROJECT LOCATION N Item 7 Packet Page 132 Department Name: Public Works Cost Center: 6004 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Shelsie Kloepper, Engineer III SUBJECT: AWARD CONTRACT FOR THE TERRACE HILL PIPELINE AND PRESSURE REDUCING VALVE REHABILITATION PROJECT, SPECIFICATION NO. 91425 RECOMMENDATION 1. Award a Construction Contract (Attachment A) to Raminha Construction, Inc. in the amount of $585,660 for the Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation Project and authorize the Mayor to execute the Contract; and 2. Approve the transfer of $74,000 from the Water Distribution Fund Undesignated Capital Account to the project account (91425) to fund this project. DISCUSSION Background On March 5, 2019, the City Council authorized inviting bids (Attachment B) for the Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation Project (Project), which is intended to replace an existing waterline and pressure reducing valve. Project advertisement for construction was delayed by newly discovered utility conflicts with the proposed design that necessitated additional field verification and design adjustments to piping alignments and associated improvements. Though these modifications delayed the overall project, this design refinement was essential for minimizing cost increases and delays during the construction process. The project originally went out to bid in September 2020, with a bid opening on October 1, 2020. During the first advertising period, five bids were received and publicly opened. Due to complications with the bidding results, the City rejected all bids and readvertised the project (Attachment C – City Manager Report). During the second advertising period, three bids were received and publicly opened on November 6, 2020 (Attachment D). All the bids were over the Engineer’s Estimate of $420,000. This increase in cost may be attributed to competitive bidding and high demand for contractor work. The table on the following page summarizes the bid results. Item 8 Packet Page 133 Engineer’s Estimate Raminha Construction Inc. Specialty Construction Inc. HPS Mechanical Inc. $420,000 $585,660 $626,873 $650,145 Award Recommendation Of the three bids received, Raminha Construction (Raminha) was the apparent low bidder with a bid of $585,660. Staff reviewed Raminha’a bid proposal and determined that the bid was non- responsive because one of their completed project references did not meet the minimum Contractor Qualifications required by the Notice to Bidders (Attachment E). Specifically, Raminha’s bid proposal included a project reference 11 years old, whereas all referenced projects must have been completed within the last five years from this project’s bid opening date. Raminha was informed of the City’s determination and provided an opportunity to respond. On November 13th, Raminha provided a response/protest letter to appeal the determination of non- responsiveness (Attachment F). In the letter, Raminha stated that the company possesses the experience needed to undertake and complete this project, and provided supporting information with additional project references demonstrating similar project experience, including waterline installations. Raminha has requested that the City waive their original out-of-date project reference as an informality, as allowed by the Notice to Bidders. As stated in the Notice to Bidders, the City “reserves the right to accept or reject any or all bids or waive any informality in a bid.” With the additional information provided in Raminha’s response letter, Staff agree and recommend that the minor irregularity in the bid reference should be waived as a bid informality and the contract awarded to Raminha. Raminha’s additional references, license, and registration with the Department of Industrial Relations have been verified. Staff therefore recommends awarding a construction contract to Raminha Construction, Inc. Previous Council or Advisory Body Action This project was approved by Council on March 5, 2019 and authorized for advertising. Policy Context Per the City council report on March 5, 2019, the Project must be awarded by Council if the construction contract is higher than the Engineer’s Estimate of $420,000. Public Engagement Public engagement was done during the initial identification of this Project to be included in the 2015-17 Financial Plan. Item 8 Packet Page 134 COVID-19 Considerations Due to the current economic impacts of COVID-19, the City reevaluated all Capital Improvement Plan projects with the goal of adjusting Capital Expenditures in response to projected revenue shortfalls, and aligning the adjusted CIP program with a focus on economic recovery and fiscal responsibility. With these criteria in mind, this project is recommended to continue since it addresses a critical infrastructure need. Additionally, this project supports economic recovery through contracts with local or regional companies that will further retain employment and long-term viability of the construction industry. CONCURRENCE There is concurrence from the Utilities Department through the review of the project plans and special provisions. ENVIRONMENTAL REVIEW This project is exempt from environmental review under Section 15301 Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines because the project proposes minor changes to existing utility infrastructure. The project is consistent with the applicable general plan policies as well as with applicable City Regulations. A Notice of Exemption has been filed through the Community Development Department. FISCAL IMPACT Budgeted: Yes Budget Year: 2015-2017 Funding Identified: Yes Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund State Federal Fees Other: Water Fund $730,000 N/A $730,000 Total $730,000 N/A $730,000 Item 8 Packet Page 135 601 Bid Total:$585,660 Contingencies (20%)$117,000 Total for Construction $702,660 Consutlant Construction Support:$15,000 Materials Testing:$12,200 Printing:$140 Total Project Cost $730,000 Current Project Account Balance:$656,405 Additional Funding (undesignated capital):$74,000 Post Project Remaining Balance:$405 Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation Project, Specification No. 91425 6004 Account (91425) The Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation project was originally identified in the 2015-17 Financial Plan, Appendix F – Capital Improvement Plan, pages 3-50 through 3-53. There is currently a balance of $656,405 available to the project in the 91425 account. Staff is requesting an additional $74,000 from the Water Distribution Fund Completed Projects Undesignated Capital Account (601-9501-71501) to fund this project. This account will have a balance of $154,469 once the remaining funds from the Casa/Stenner/Murray Waterline Replacement Project (Specification 91312) are returned to the completed projects account. This budget transfer will provide the additional funding needed for this project. ALTERNATIVES Deny Award and Fund Allocation. The Council could choose to deny approval to award to Raminha Construction, Inc. and the allocation of additional funds needed. This is not recommended because this project is critical to provide upgrades to utility infrastructure. Attachments: a - Proposed Construction Contract with Raminha Construction b - Council Agenda Report dated March 5, 2019 c - City Managers Report dated October 13, 2020 d - Bid Results Summary e - Non-Responsive Bid Letter dated November 10, 2020 f - Raminha Appeal Letter dated November 13, 2020 Item 8 Packet Page 136 Item 8Packet Page 137 Item 8Packet Page 138 Item 8Packet Page 139 Item 8Packet Page 140 Department Name: Public Works Cost Center: 6004 For Agenda of: March 5, 2019 Placement: Consent Estimated Time: N/A FROM: Daryl Grigsby, Public Works Director Prepared By: Shelsie Kloepper, Engineer II SUBJECT: TERRACE HILL PIPELINE AND PRESSURE REGULATING VALVE REHABILITATION PROJECT, SPECIFICATION NO. 91425 RECOMMENDATION 1. Approve the Project Plans (Attachment A) and Special Provisions (Attachment B) for the Terrace Hill Pipeline and Pressure Regulating Valve Rehabilitation Project, Specification Number 91425; 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the construction contract for the bid total if the lowest responsible bid is within the Engineer’s Estimate of $420,000. DISCUSSION Background The City has over 180 miles of pipeline providing potable water to the community. These pipelines are connected to water storage tanks around the City. The City’s water storage is provided in 11 tanks and two reservoirs in various locations. The tanks range in size from 40,000 gallons to 7.5 million gallons. The two reservoirs are a combination of above-grade steel tanks and underground concrete reservoirs with a total combined storage capacity of approximately 26 million gallons. Regular maintenance of water storage tanks is important for economic, environmental, and health reasons. This project will install a new Pressure Regulating Valve (PRV) at the northeast corner of the Terrace Hill tank site. The PRV will be connected to the existing 16-inch diameter pipe from the High-Pressure Zone in Bishop Street. A new 16-inch pipe will be constructed to connect the PRV to the Terrace Hill Zone, traversing Bishop Street and tying into the existing 16-inch diameter pipe line in Boulevard del Campo. This project will improve water quality in this zone by providing connectivity. Previous Council or Advisory Body Action This project was identified in the 2017-19 Financial Plans that were approved by Council. Policy Context Per the October 2018 Financial Management Manual, Council approval is required for Public Projects that cost over $175,000. Item 8 Packet Page 141 Public Engagement Public Engagement for this project was done during the initial identification as part of the 2015- 17 Financial Plan. CONCURRENCE There is concurrence from the Utilities Department through the review of the project plans and special provisions. ENVIRONMENTAL REVIEW Staff recommends finding this project is exempt from environmental review under Section 15302 Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines because the project proposes minor changes to existing utility infrastructure. The project is consistent with the applicable General Plan policies as well as with applicable City Regulation. A Notice of Exemption will be filed through the Community Development Department upon Council approval of the project. FISCAL IMPACT Budgeted: Yes Budget Years: 2015-2017 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State Federal Fees Other: Water Fund $888,610.65 $510,000 $378,610.65 N/A Total $888,610.65 $510,000 $378,610.65 Project Cost Estimate Construction Estimate $420,000 Contingency (20%)$84,000 Materials Testing $6,000 Total for Project $510,000 The Terrace Hill Pipeline and PRV Rehabilitation project was originally identified in the 2015- 17 Financial Plan, Appendix F – Capital Improvements Plan, pages F-3-50 through F-3-53. The remaining balance of this account (Award 91425) will be used to fund the Wash Water Item 8 Packet Page 142 Supply Tank Recoating Project that has an estimated project cost of $125,000. ALTERNATIVE The Council could choose to deny authorization to advertise this project. This is not recommended since the project was identified in the 2015-17 Financial Plan and will help improve the water quality for the community. Attachments: a - Council Reading File - Project Plans b - Council Reading File - Special Provisions Item 8 Packet Page 143 City of San Luis Obispo, City Manager Report Final City Manager Approval Approver Name Date Approved ACM Community Services Shelly 10/15/2020 Reviewer Routing List Reviewer Name Date Reviewed Finance NH 10/15/20 City Attorney MJ 10/13/2020 October 6, 2020 FROM: Matt Horn, Director of Public Works MH 10/13/2020 PREPARED BY: Shelsie Kloepper, Engineer III SUBJECT: Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation Project RECOMMENDATION Reject all bids and authorize staff to re-advertise the Terrace Hill Pipeline and Pressure Reducing Valve (PRV) Rehabilitation Project for bids. DISCUSSION Background On March 5, 2019, the City Council authorized inviting bids (Attachment A) for the Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation Project (Project), which is intended to replace an existing waterline and pressure reducing valve. Project advertisement for construction was delayed by newly discovered utility conflicts with the proposed design that necessitated additional field verification and design adjustments to piping alignments and associated improvements. Though these modifications delayed the overall project, this design refinement was essential for minimizing the potential for cost increases and delays during the construction process. Five bids were received and publicly opened on October 1, 2020 (Attachment B). All the bids were over the Engineer’s Estimate of $420,000. The table below summarizes the bid results. * Bids submitted by hand are disqualified. Per Project Specifications bids were to be mailed to the City. Engineer’s Estimate D-Kal Engineering, Inc. *Kirk Construction *Raminha Construction Specialty Construction Inc. R. Burke Corporation $420,000 $459,351 $548,875.10 $587,520 $599,567 $691,994 Item 8 Packet Page 144 Authorization to Re-advertise Terrace Hill Pipeline and PRV Rehabilitation Project Page 2 The apparent low bidder was D-Kal Engineering, with a bid of $459,351. Following the bid opening, D-Kal requested to withdraw their bid due to discovery of an error in their bid submission, as evidenced by the large price difference between D-Kal and the other bids. Furthermore, bids received from Raminha Construction and Kirk Construction were disqualified because the bids were not mailed to the City. These bids were hand delivered and per the project specifications bids were to be mailed to the City. Therefore, the next lowest responsible bidder would be well over the Engineer’s Estimate at $599,567. Staff believes that it is appropriate to re-bid the project to obtain more competitive bidding. D-Kal will not be allowed to rebid the project per Public Contract Code 5105. Several other contractors were interested in bidding the project but were unable to get mailed in bids delivered on time to be qualified for the project. COVID-19 Considerations Due to the current economic impacts of COVID-19, the City reevaluated all Capital Improvement Plan projects with the goal of adjusting Capital Expenditures in response to projected revenue shortfalls, and aligning the adjusted CIP program with a focus on economic recovery and fiscal responsibility. With these criteria in mind, this project is recommended to continue since it addresses a critical and time dependent infrastructure need. Additionally, this project supports economic recovery through contracts with local or regional companies that will further retain employment and long-term viability of construction. FISCAL IMPACT There is no direct fiscal impact of the recommended action. The Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation project was originally identified in the 2015-17 Financial Plan, Appendix F – Capital Improvement Plan, pages 3-50 through 3-53. There is currently a balance of $656,405.13 available to the project in the 91425 account. Staff would like to re-advertise the project in order to get a lower bid that may work within the current account balance. ATTACHMENTS 1. Council Agenda Report Authorizing Advertisement 2. Bid Results Summary 3. D-Kal’s Letter to Withdraw Bid Proposal ALTERNATIVES The City Manager could choose to deny approval to re-advertise. This is not recommended since staff would have to award the project with a bid that is significantly over the engineer’s estimate and request additional funding to award the project. Staff does not recommend this option as it is likely that a more reasonable cost can be achieved through re-bidding the project. https://slocitycloud.sharepoint.com/sites/SLOHub/Administration/citymanagersreports/Shared Documents/Public Works/2020/CIP Engineering/91425 - Terrace Hill Pipeline and PRV Rehabilitation Project/CMR to re-advertise.docx Item 8 Packet Page 145 Item #Item Description Unit of Measure Estimated Quantity Item Price Total Item Price Total Item Price Total 1 16” Ductile Iron Pressure Reducing Valve Inlet Piping (Bishop Street)LS 1 $60,000.00 $60,000.00 $77,000.00 $77,000.00 $68,800.00 $68,800.00 2 16” Ductile Iron Piping, STA 1+00 to STA 5+20.02 LF 420 $325.00 $136,500.00 $354.00 $148,680.00 $310.00 $130,200.00 3 1” Air Release and Vacuum Valve EA 1 $5,500.00 $5,500.00 $4,800.00 $4,800.00 $8,000.00 $8,000.00 4 Pressure Reducing Valve Station LS 1 $107,000.00 $107,000.00 $109,000.00 $109,000.00 $131,075.00 $131,075.00 5 Pipe & Appurtenances Abandonment LS 1 $10,000.00 $10,000.00 $23,000.00 $23,000.00 $15,000.00 $15,000.00 6 8” and 16” Waterline Connections at Bishop Street LS 1 $40,000.00 $40,000.00 $30,500.00 $30,500.00 $20,000.00 $20,000.00 7 Connection at Boulevard Del Campo LS 1 $13,000.00 $13,000.00 $10,000.00 $10,000.00 $12,500.00 $12,500.00 8 Connection at Sylvia Court LS 1 $14,000.00 $14,000.00 $11,000.00 $11,000.00 $10,000.00 $10,000.00 9 Connection at Helena Street LS 1 $17,000.00 $17,000.00 $16,000.00 $16,000.00 $15,000.00 $15,000.00 10 Pressure Reducing Valve Site Improvements LS 1 $40,000.00 $40,000.00 $11,000.00 $11,000.00 $50,000.00 $50,000.00 11 Rolled Curb, Gutter & Sidewalk LS 1 $16,000.00 $16,000.00 $31,000.00 $31,000.00 $12,000.00 $12,000.00 12 AC Trench Paving – Bishop Street (10” Thick) LF 172 $80.00 $13,760.00 $79.00 $13,588.00 $60.00 $10,320.00 13 AC Trench Paving – Boulevard Del Campo (6” Thick)LF 145 $60.00 $8,700.00 $69.00 $10,005.00 $50.00 $7,250.00 14 Grind and Overlay – Bishop Street SQFT 2070 $10.00 $20,700.00 $10.00 $20,700.00 $10.00 $20,700.00 15 Electrical and Communication Conduits LS 1 $10,000.00 $10,000.00 $19,000.00 $19,000.00 $7,500.00 $7,500.00 16 Excavation in Rock CY 30 $200.00 $6,000.00 $400.00 $12,000.00 $500.00 $15,000.00 17 Retaining Wall LS 1 $38,000.00 $38,000.00 $45,200.00 $45,200.00 $60,000.00 $60,000.00 18 Curb and Gutter per City Engineering Standard 4030 LS 1 $2,000.00 $2,000.00 $1,600.00 $1,600.00 $6,000.00 $6,000.00 19 Curb, Gutter and Sidewalk per City Engineering Standard 4110 LS 1 $2,000.00 $2,000.00 $1,600.00 $1,600.00 $6,000.00 $6,000.00 20 Survey of Pipeline LS 1 $10,000.00 $10,000.00 $4,700.00 $4,700.00 $8,000.00 $8,000.00 21 Temporary and Permanent Erosion Control LS 1 $2,000.00 $2,000.00 $6,800.00 $6,800.00 $5,000.00 $5,000.00 22 New Fire Hydrant @ Station 4+95 LS 1 $7,500.00 $7,500.00 $6,500.00 $6,500.00 $11,800.00 $11,800.00 23 OSHA Compliance LS 1 $2,000.00 $2,000.00 $5,700.00 $5,700.00 $5,000.00 $5,000.00 24 Night Work during Waterline Tie-ins LS 1 $4,000.00 $4,000.00 $7,500.00 $7,500.00 $15,000.00 $15,000.00 $585,660.00 $626,873.00 $650,145.00 Total Bid Amount Bid Opening: 11/6/20 Raminha Construction, Inc Specialty Construction, Inc HPS Mechaical, Inc Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation Project, Specification No. 91425 Item 8 Packet Page 146 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org November 10, 2020 Raminha Construction Inc. David Raminha 11505 Halcon Road Atascadero, CA 93422 Subject: Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation, Specifications No. 91425 On November 6, 2020, bids were opened for the “Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation,” Specification No. 91425 (“Project”). The Project will install a 16” waterline in the public roadways and the necessary experience is required to minimize adverse impacts to the community. Staff reviewed Raminha Construction’s (Raminha) bid proposal and determined that the bid from Raminha is non-responsive because the references submitted in the bid proposal do not meet the minimum Contractor Qualifications stated within the Notice to Bidders. Specifically, Raminha’s bid proposal did not provide sufficient information in response to the following section: You must have experience construction projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project’s bid opening date. You have an opportunity to comment upon this determination. Raminha may submit written material to the City explaining why its bid should be considered responsive no later than 5:00 PM, Friday November 13, 2020. If submitted, the written materials will be evaluated and provided to the City Council for consideration. The City Council will make the final decision at its regularly scheduled meeting on December 8, 2020. Sincerely, Shelsie Kloepper Engineer III Item 8 Packet Page 147 Item 8Packet Page 148 Item 8Packet Page 149 Item 8Packet Page 150 Item 8Packet Page 151 Item 8Packet Page 152 Item 8Packet Page 153 Item 8Packet Page 154 Item 8Packet Page 155 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 8 Packet Page 156 Department Name: Administration Cost Center: 1001 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Chris Read, Sustainability Manager SUBJECT: APPROVE AN UPDATED MEMORANDUM OF UNDERSTANDING WITH THE CITY OF MORRO BAY AND CITY OF PASO ROBLES FOR SHARING POLICY BOARD, OPERATIONS BOARD, AND COMMUNITY ADVISORY COMMITTEE SEATS ON CENTRAL COAST COMMUNITY ENERGY RECOMMENDATION 1. Approve the draft Memorandum of Understanding (MOU) with the City of Morro Bay for sharing Policy Board, Operations Board, and Community Advisory Committee seats on Central Coast Community Energy (Attachment A); and 2. Authorize the City Manager to execute the MOU in a form subject to approval of the City Attorney’s Office. DISCUSSION Background In November of 2018, the City of Morro Bay and the City of San Luis Obispo adopted ordinances and resolutions committing both cities to join Monterey Bay Community Power (MBCP). On December 5, the MBCP Policy Board unanimously voted to approve the two cities’ membership. In September of 2020, MBCP officially changed its name to Central Coast Community Energy (CCCE). CCCE is governed by two Boards: 1) a Policy Board that meets quarterly and is comprised of elected officials, and 2) an Operations Board that meets at least eight times per year and is comprised of City Managers and County Administrative Officers. CCCE also has a Community Advisory Council comprised of local residents and business owners. In CCCE, counties and jurisdictions with 50,000 or more residents hold permanent Board seats. Additional Board seats are shared by multiple jurisdictions based on geography. As part of membership in 2019, the City of San Luis Obispo and the City of Morro Bay agreed to share a seat on each of the boards and to negotiate a formal agreement for sharing the Policy Board and Operations Board seat. In December of 2018, staff from the two cities drafted and negotiated the draft MOU that is provided as Attachment B. The draft MOU was approved and executed by both cities in early 2019. Item 9 Packet Page 157 In 2019, additional cities and counties joined CCCE. Due to population and geographic proximity, the City of Paso Robles was added to the seat currently shared by San Luis Obispo and Morro Bay. Because of the addition of Paso Robles, the name change from MBCP to CCCE, and a mutual desire by all three cities for the City of San Luis Obispo to serve the 2021-22 term, the original 2019 MOU needs to be updated. Attachment A provides the new MOU, which includes an agreement for each respective city to serve two-year terms with San Luis Obispo serving in calendar years 2021-22, Morro Bay serving in 2023-24, and Paso Robles serving in 25-26. The MOU provided as Attachment A was approved by the Morro Bay City Council on November 9, 2020 and the Paso Robles City Council on November 17, 2020. The current assignments are outlined below; Council may direct staff to retain the current Board assignments or to identify new Council Members to participate: Board Director Alternate Policy Board Mayor Harmon Vice Mayor Pease Operations Board Derek Johnson, City Manager Bob Hill, Sustainability & Natural Resources Official Policy Context At Council’s direction, the City has been pursuing participation in a Community Choice Energy program since 2013. The City joined CCCE in 2019 and began receiving service in 2020. Public Engagement Council and staff received public and written testimony in support of joining CCCE and sharing Board seats with the City of Morro Bay at the November 13, 2018, City Council meeting. Throughout the 2019 and 2020 Climate Action Plan Update, community members expressed support for CCCE participation. 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 Item 9 Packet Page 158 Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total N/A The only fiscal impact to participating on CCCE’s Boards come from staff time and occasional travel to Monterey County. These impacts are accounted for in City Administration’s current standard operational budget. ALTERNATIVES 1. The City Council could request amendments to the MOU. Should Council request amendments, they would be provided to the City of Morro Bay and City of Paso Robles for consideration and brought back to Council at a future date. 2. The City Council could propose an alternative Director and Alternate. Council direction to propose alternative representation could be accommodated at this meeting. Attachments: a - CCCE Board Seat MOU_2020 b - CCCE Board Seat MOU_2019 Item 9 Packet Page 159 01181.0001/678708.1 Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN LUIS OBISPO, CITY OF EL PASO DE ROBLES, AND CITY OF MORRO BAY REGARDING PARTICIPATION WITH CENTRAL COAST COMMUNITY ENERGY This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the City of San Luis Obispo, a California municipal corporation and Charter City, hereinafter referred to as SAN LUIS OBISPO, the City of Morro Bay, a California municipal corporation, hereinafter referred to as MORRO BAY, and the City of El Paso de Robles, a California municipal corporation hereinafter referred to as PASO ROBLES (SAN LUIS OBISPO, MORRO BAY, and PASO ROBLES hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”). A. INTRODUCTION In November 2018, SAN LUIS OBISPO and MORRO BAY jointly pursued community choice energy programs for the purpose of providing choice in the electricity market, reducing greenhouse gas emissions, proving potential rate savings, supporting energy efficiency, promoting regional collaboration, and contributing to economic development. The two cities pursued participating in a community choice energy program by joining Monterey Bay Community Power, which has since changed its name to Central Coast Community Energy (CCCE). On December 5, 2018, SAN LUIS OBISPO and MORRO BAY became official members of CCCE. PASO ROBLES joined CCCE in 2020 and will begin receiving service on January 1, 2021. As outlined in the CCCE Joint Powers Agreement, the agency is governed by two decision making bodies and one advisory body: • The Policy Board is comprised of elected officials and meets quarterly to make high level policy decisions. • The Operations Board is comprised of City Managers or their designees and meets approximately eight times per year to make operational decisions. • The Community Advisory Council is comprised of community members and serves in an advisory role to the Policy Board and Operations Board. CCCE is a large agency and to ensure manageable meetings, smaller jurisdictions share seats on the Policy Board and Operations Board. Jurisdictions with 50,000 or more residents have permanent seats, while smaller jurisdictions share seats based on geographic proximity. Since SAN LUIS OBISPO, PASO ROBLES, and MORRO BAY are smaller than 50,000 each, the three cities will share a Policy Board and Operations Board seat. On November 13, 2018, SAN LUIS OBISPO and MORRO BAY City Councils voted unanimously to direct staff to negotiate a Memorandum of Understanding to provide a collaborative and fair strategy for CCCE representation and to return to their respective Councils for final approval. The MOU was executed by SAN LUIS OBISPO and MORRO BAY in December of 2018. That MOU is hereby replaced by this MO U to include PASO ROBLES and provide minor updates, as described below. B. PURPOSE The purpose of this Memorandum of Understanding is to identify a clear framework between SAN LUIS OBISPO, MORRO BAY, and PASO ROBLES to share governance seats on CCCE’s Policy Board, Item 9 Packet Page 160 City of San Luis Obispo and City of Morro Bay Central Coast Community Energy Participation Memorandum of Understanding 01181.0001/678708.1 Page 2 Operations Board, and Community Advisory Council. This MOU rescinds and replaces the previous MOU between SAN LUIS OBISPO and MORRO BAY. It should also be noted that community collaboration and regionalism was a key value of the effort to create a local community choice energy program. This Memorandum of Understanding seeks to encourage further regional collaboration. C. SHARED SEATS 1. Policy Board - The Policy Board representative shall serve for a term of two years and shall rotate between cities (with exception of the first two, two year terms, shall be held by SAN LUIS OBISPO). SAN LUIS OBISPO shall provide the initial representative and will serve from December 2018 to December 2022 and thereafter shall transition every two years between MORRO BAY, PASO ROBLES, and SAN LUIS OBISPO. a. The City with the currently serving Policy Board representative shall distribute via email to all three City Councils and City Managers the meeting minutes and any additional narrative deemed necessary after each Policy Board meeting to stay informed of policy, business or other related matters. b. The Policy Board Director alternative shall be identified by the City currently holding the seat. 2. Operations Board - The Operations Board representative shall serve for a term of two years and may be one of two options: a. The City Manager for the City of the Policy Board representative; or b. A director or deputy-director level staff member as determined by the City Manager of the Policy Board representative. 3. Community Advisory Council – There shall be one Community Advisory Council member who shall serve a two-year term and be selected by the current Policy Board Member and their alternative. The pool of Community Advisory Committee applicants shall include all registered voters residing in the cities of San Luis Obispo, Morro Bay, and Pos Robles. The City currently providing the Policy Board representative shall conduct the Community Advisory Council selection process. The Community Advisory Council member does not need to be from the same city as the Policy Board member and the parties agree that the seat should rotate informally among the three cities. 4. In all cases, the elected officials, staff, or public representing the joint interests of SAN LUIS OBISPO, PASO ROBLES, and MORRO BAY, for purposes of the CCCE, shall consider the program purposes outlined in the Central Coast Community Energy Joint Exercise of Powers Agreement: a. Reducing greenhouse gas emissions; b. Providing electric power to customers at a competitive cost; c. Carrying our programs to increase energy efficiency; d. Stimulating and sustaining the local economy by developing local jobs in renewable energy and energy efficiency; and Item 9 Packet Page 161 City of San Luis Obispo and City of Morro Bay Central Coast Community Energy Participation Memorandum of Understanding 01181.0001/678708.1 Page 3 e. Promoting long-term rate stability and energy security and reliability for residents through local control of electric generation resources. 5. If a party fails to attend or otherwise comply with the CCCE JPA and bylaws, and if the seat becomes vacated because of such conduct, the next party shall serve in that seat. D. PROCESS SAN LUIS OBISPO City Council will appoint its respective Board Members for the two -year term by February 2019. Terms shall run for two-years starting in December and concluding in November of even- numbered years. Based on mutual agreement of the parties, SAN LUIS OBISPO will also appoint respective Board Members for the two year term running from January 2021 through December 2022. Future term appointees shall be made by alternating City Councils in November of the year that the term concludes (e.g., SAN LUIS OBISPO in 2020, MORRO BAY in 2022, PASO ROBLES in 2024). Thereafter, the rotation shall continue in two year periods until this MOU is amended. E. PRINCIPAL CONTACTS The principal contacts for this MOU are: SAN LUIS OBISPO: Name Role: Derek Johnson, City Manager Bob Hill, City Lead MORRO BAY: Name Role: Scott Collins, City Manager, City Lead PASO ROBLES: Name Role: Tom Frutchey City Manager, City Lead F. COST OBLIGATION Each party to this Memorandum of Understanding shall be financially responsible for absorbing costs incurred for their own participation on the Policy Board, Operations Board, and Community Advisory Council. G. COMMENCEMENT/EXPIRATION DATE This Memorandum of Understanding is executed as of the date of last signature and is effective until the CCCE governance model changes, , or SAN LUIS OBISPO, PASO ROBLES, or MORRO BAY withdraw from CCCE, or either party fails in good faith to resolve with the other party a conflict over a substantial issue concerning the CCCE or the parties’ performance of this MOU. As to SAN LUIS OBISPO and MORRO BAY, this MOU is effective as of December, 2018, in so far as this MOU replaces and rescinds Item 9 Packet Page 162 City of San Luis Obispo and City of Morro Bay Central Coast Community Energy Participation Memorandum of Understanding 01181.0001/678708.1 Page 4 a prior MOU similar in substance to this MOU, with the exception of PASO ROBLES not being a party to the earlier MOU. Prior to such termination, the party desiring to terminate this MOU shall provide the non- terminating party with written notice of its desire to terminate and the reasons therefore. Both parties agree to engage in a meet and confer process, and, in the case of termination based on a conflict over a substantial issue concerning the CCCE or the parties’ performance of this MOU, the parties shall engage with one another in good faith to resolve the conflict. If a conflict still exists after such good faith negotiations, this MOU shall terminate upon thirty (30) days final written notice. H. LIABILITIES It is understood that none of the parties to this Memorandum of Understanding is the agent of any of the other parties and none of the parties is liable for the wrongful acts, omissions or negligence of any other party to this MOU. Each party shall be responsible for its wrongful or negligent acts or omissions and those of its officials, officers, employees, and agents, howsoever caused, to the extent allowed by law, and shall be responsible for their own Commercial General Liability, Auto, Worker’s Compensation and Errors and Omissions insurance and adherence to their respective City’s policies. Each party to this Memorandum of Understanding agrees to indemnify, defend and hold the other, and their officials, officers, employees, and agents, against any liability, claim, personal injury, including death, or property damage caused by that party’s negligence or willful misconduct in their performance under this Memorandum of Understanding. I. NO ASSIGNMENT The rights and obligations of the parties to this Memorandum of Understanding may not be assigned or delegated. J. AMENDMENT This Memorandum of Understanding may not be amended or modified in any manner whatsoever except by written agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. FOR SAN LUIS OBISPO Date: ________________ ______________________________________ Name, City Manager – City of San Luis Obispo FOR MORRO BAY Date: ________________ ______________________________________ Name, City Manager – City of Morro Bay FOR PASO ROBES Date: ________________ ______________________________________ Name, City Manager – City of Paso Robles Item 9 Packet Page 163 MEMORANDUM OF UNDERSTANDING BEETWEEN CITY OF SAN LUIS OBISPO AND CITY OF MORRO BAY This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the City of San Luis Obispo, hereinafter referred to as SAN LUIS OBISPO, and the City of Morro Bay, hereinafter referred to as MORRO BAY. A. INTRODUCTION In November 2018, SAN LUIS OBISPO and MORRO BAY jointly pursued community choice energy program for the purpose of providing choice in the electricity market, reducing greenhouse gas emissions, proving potential rate savings, supporting energy efficiency, promoting regional collaboration, and contributing to economic development. The two cities pursued participating in a community choice energy program by joining Monterey Bay Community Power (MBCP). On December 5, 2018, SAN LUIS OBISPO and MORRO BAY became official members of MBCP As outlined in the MBCP Joint Powers Agreement, the agency is governed by two decision making bodies and one advisory body: • The Policy Board is comprised of elected officials and meets quarterly to decide high level policy decisions. • The Operations Board is comprised of City Managers or their designees and meets approximately eight times per year to decide finer detailed operational decisions. • The Community Advisory Council is comprised of community members and serves in an advisory role to the Policy Board and Operations Board. MBCP is a large agency and to ensure manageable meetings, smaller jurisdictions share seats on the Policy Board and Operations Board. Jurisdictions with 50,000 or more residents have permanent seats, while smaller jurisdictions share seats based on geographic proximity. Since SAN LUIS OBISPO and MORRO BAY are smaller than 50,000 each, the two cities will share a Policy Board and Operations Board seat. Additionally, MBCP has communicated that the two cities may select one Community Advisory Council member. On November 13, 2018, both City Councils voted unanimously to direct staff to negotiate a Memorandum of Understanding between SAN LUIS OBISPO and MORRO BAY to provide a collaborative and fair strategy for MBCP representation and to return to their respective Councils for final approval. B. PURPOSE The purpose of this Memorandum of Understanding is to identify a clear framework between SAN LUIS OBISPO and MORRO BAY to share governance seats on Monterey Bay Community Power’s Policy Board, Operations Board, and Community Advisory Council. It should also be noted that community collaboration and regionalism was a key value of the effort to create a local community choice energy program. This Memorandum of Understanding seeks to encourage further regional collaboration. C. SHARED SEATS Item 9 Packet Page 164 1. Policy Board - The Policy Board representative shall serve for a term of two years and shall alternate between cities. SAN LUIS OBISPO shall provide the initial representative and will serve from December 2018 to December 2020 and thereafter shall rotate every two years between the City of Morro Bay and San Luis Obispo. a. The City with the currently serving Policy Board representative shall distribute via email to both City Councils and City Managers the meeting minutes and any additional narrative deemed necessary after each Policy Board meeting to stay informed of policy, business or other related matters. b. The Policy Board Director alternative shall be identified by the City currently holding the seat. 2. Operations Board - The Operations Board representative shall serve for a term of two-years and may be one of two options: a. The City Manager for the City of the Policy Board representative; or b. A director or deputy-director level staff member as determined by the City Manager of the Policy Board representative. 3. Community Advisory Council – There shall be one Community Advisory Council member that shall serve a two-year term and be selected by the current Policy Board Member and their alternative. The pool of Community Advisory Committee applicants shall include all registered voters residing in MORRO BAY and SAN LUIS OBISPO. The city currently providing the Policy Board representative shall conduct the Community Advisory Council selection process. 4. In all cases, the elected officials, staff, or public representing the joint interests of SAN LUIS OBISPO and MORRO BAY shall consider the program purposes outlined in the Central Coast Community Energy Joint Exercise of Powers Agreement: a. Reducing greenhouse gas emissions; b. Providing electric power to customers at a competitive cost; c. Carrying our programs to increase energy efficiency; d. Stimulating and sustaining the local economy by developing local jobs in renewable energy and energy efficiency; and e. Promoting long-term rate stability and energy security and reliability for residents through local control of electric generation resources. 5. If a party fails to attend or otherwise comply with the Monterey Bay Community Power JPA and bylaws, and if the seat becomes vacated because of such conduct, the other party shall serve in that seat. D. PROCESS SAN LUIS OBISPO City Council will appoint its respective Board Members for the two-year term by February 2019. Terms shall run for two-years starting in December and concluding in November of even- numbered years. Future term appointees shall be made by alternating City Councils in November of the year that the term concludes (e.g., MORRO BAY in 2020, SAN LUIS OBISPO in 2022, MORRO BAY in 2024, etc.). E. PRINCIPAL CONTACTS Item 9 Packet Page 165 The principal contacts for this MOU are: SAN LUIS OBISPO: Name Role: Derek Johnson, City Manager Bob Hill, City Lead Chris Read, City Lead MORRO BAY Name Role: Scott Collins, City Manager, City Lead F. COST OBLIGATION Each party to this Memorandum of Understanding shall be financially responsible for absorbing costs incurred for their own participation on the Policy Board, Operations Board, and Community Advisory Council. G. COMMENCEMENT/EXPIRATION DATE This Memorandum of Understanding is executed as of the date of last signature and is effective until an additional San Luis Obispo County jurisdiction joins MBCP, or SAN LUIS OBISPO or MORRO BAY withdraw from MBCP, at which time it will be renegotiated. H. LIABILITIES It is understood that neither party to this Memorandum of Understanding is the agent of the other and neither is liable for the wrongful acts, omissions or negligence of the other. Each party shall be responsible for its wrongful or negligent acts or omissions and those of its officials, officers, employees, and agents, howsoever caused, to the extent allowed by law, and shall be responsible for their own Commercial General Liability, Auto, Worker’s Compensation and Errors and Omissions insurance and adherence to their respective City’s policies. Each party to this Memorandum of Understanding agrees to indemnify, defend and hold the other, and their officials, officers, employees, and agents, against any liability, claim, personal injury, including death, or property damage caused by that party’s negligence or willful misconduct in their performance under this Memorandum of Understanding. I. NO ASSIGNMENT The rights and obligations of the parties to this Memorandum of Understanding may not be assigned or delegated. J. AMENDMENT Item 9 Packet Page 166 This Memorandum of Understanding may not be amended or modified in any manner whatsoever except by written agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below. FOR SAN LUIS OBISPO: Date: Derek Johnson, City Manger FOR MORRO BAY Date: Scott Collins, City Manager Item 9 Packet Page 167 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 9 Packet Page 168 Department Name: Public Works Cost Center: 5101 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Gaven Hussey, Parking Services Manager SUBJECT: AUTHORIZATION TO EXECUTE A LEASE AGREEMENT FOR 1100 MILL STREET RECOMMENDATION Adopt a Resolution (Attachment A) authorizing the Mayor to execute a lease agreement with the County of San Luis Obispo for the property located at 1100 Mill Street. DISCUSSION Background on Property Located at 1100 Mill Street In 1977, the City purchased parcel #002-316-007 (1100 Mill Street) as part of a Santa Rosa Street widening project. A vicinity map of the property can be found in Exhibit A of Attachment B. After completion of the road widening project, 1100 Mill Street was not needed for road widening purposes. In 1984, the City entered into a 10-year lease agreement with adjacent property owner J. Dennis Ahearn (Ahearn Family Trust) for use of 1100 Mill Street as a parking lot. In 1995, the City and the Ahearn Family Trust optioned to extend the lease for an additional 5-year term. In 1999, the Ahearn Family Trust continued payment for and use of 1100 Mill Street without a valid lease agreement. The Ahearn Family trust also performed maintenance and upgrades to the lot, which increased the number of available parking spaces from six to eight. In 2019, the County of San Luis Obispo contacted the City expressing interest in leasing 1100 Mill Street directly from the City since the County now leases the adjacent property located at 1120 Mill Street from the Ahearn Family Trust. Lease Agreement with the County Since 2019, the City, the Ahearn Family Trust, and the County have been in discussions as to how best to handle a lease agreement for the City’s property. The parcel historically has been leased to the Ahearn Family Trust and subsequently subleased to the tenants of 1120 Mill Street. The parcel was not included in the most recent lease agreement between the County and the Ahearn Family Trust; hence the County began negotiating directly with the City for exclusive use of the parcel. Below is a summary of the terms outlined in the agreement (For the full lease agreement text and exhibits, see Attachment B). Item 10 Packet Page 169 • Lease term shall be from the date the agreement is signed until August 31, 2024. The lease will continue month-to-month thereafter. • Base monthly rent is $250 with a 3% annual adjuster. • The lot shall only be used as a parking lot for regular use by the County and afterhours use by the City as needed. • The Ahearn Family Trust shall grant the City access to 1100 Mill Street via the adjacent property for as long as the adjacent property is leased by the County. Policy Context This recommendation is consistent with the City’s Financial Management section 475-C: Property Disposal and with Resolution No. 10052. Public Engagement The terms of the lease were negotiated directly with County of San Luis Obispo and Ahearn Family Trust representatives and does not have a public component. 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 County of San Luis Obispo and the Ahearn Family Trust both concur with the recommendation to enter into a lease agreement for 1100 Mill Street. 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: FY2021 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost Parking Fund $0 $0 $0 $0 Total $0 $0 $0 $0 Parking Fund Lease Revenue Annualized Amount Term of Contract* Revenues 1100 Mill Street $3,000 $12,551 *Includes annual adjuster of 3% Item 10 Packet Page 170 The proposed lease agreement requires no funding up front or on an on-going basis, but it would represent a minor revenue source for the Parking Fund. ALTERNATIVES Deny request to authorize the Mayor to execute a lease agreement. Staff does not recommend this alternative because the Parking Fund is obligated to maintain current agreements for all properties owned by the City. Attachments: a - Draft Resolution b - Lease Agreement with County of SLO for 1100 Mill Street Item 10 Packet Page 171 R ______ RESOLUTION NO. _____ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR 1100 MILL STREET WHEREAS, the City of San Luis Obispo purchased the property located at 1100 Mill Street (shown on attached Exhibit A) in 1977 as part of a right-of-way widening project; and WHEREAS, in 1980 the City Council deemed the property to be “surplus” and available for lease or sale; and WHEREAS, the property is only accessible via the adjacent properties located at 1106 Mill Street and 1120 Mill Street; and WHEREAS, the adjacent property is leased by the County of San Luis Obispo; and WHEREAS, the County of San Luis Obispo is interested in executing a lease agreement with the City for the use of the property located at 1100 Mill Street; and WHEREAS, the Parking Fund manages the property located 1100 Mill Street; and WHEREAS, the Parking Fund has an obligation to maintain current agreements for all properties owned by the City; and WHEREAS, the lease agreement is consistent with the City’s Financial Management Manual section 475-C and with Resolution No. 10052; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Execution of Documents. The Council hereby authorizes the Mayor to execute a lease agreement for the property located at 1100 Mill Street with the County of San Luis Obispo. Item 10 Packet Page 172 Resolution No. _____ (2020 Series) Page 2 R ______ SECTION 2. Environmental Determination. The California Environmental Quality Act does not apply because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. 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 Item 10 Packet Page 173 Resolution No. _____ (2020 Series) Page 3 R ______ Exhibit A Item 10 Packet Page 174 Page 1 of 10 LEASE AGREEMENT THIS LEASE AGREEMENT (Lease) is entered into between the County of San Luis Obispo, a political subdivision of the State of California (County) and the City of San Luis Obispo (Lessor) (collectively the Parties). NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Premises: Lessor hereby leases to County, and County hereby hires and takes from Lessor, for the term, at the rental and upon the conditions hereinafter set forth, those certain premises located at 1100 Mill Street (eight spaces marked as #10-#17 in the Northeast corner of Santa Rosa and Mill parking lot), San Luis Obispo, California, depicted as a portion of APN: 002-316-007 as shown on Exhibit "A" attached hereto and incorporated herein. 2. Quiet Enjoyment: Lessor agrees to and shall on the commencement date of the term of this Lease hereinafter set forth, place County in quiet possession of the leased Premises and shall secure to County the quiet possession hereof against all persons claiming the same during the entire term and any renewals or extensions thereof. 3. Term: The term of this Lease shall commence on the date the Lessor signs this Lease and continuing through August 31, 2024, at which time the Term will continue on a month-to-month basis. Either party may terminate this Lease at any time upon ninety (90) days advance written notice to the other party. 4. Rental: Beginning on the date the Lessor sign’s this Lease and continuing for the term of the lease, County shall pay Lessor as rent for the Premises the sum of Two Hundred, Fifty Two and 00/100 Dollars ($250.00) per month (hereinafter referred to as Base Monthly Rent), payable in advance on the first day of each month. All rental payments, unless changed in writing by Lessor, shall be sent to: City of San Luis Obispo – Parking Services 1260 Chorro Street, Suite B San Luis Obispo, CA 93401 A. Annual Rent Increase: Beginning on the first day of the month following the anniversary of the Commencement of the Term, and on that same date as occurring during the term, and any extensions of the term, each year thereafter (hereinafter referred to as the Adjustment Date), the Base Monthly Rent shall be increased by three percent (3%) over the Base Monthly Rent due immediately prior to the Adjustment Date. Lessor shall provide written notice to County of the adjusted Base Monthly Rent amount on an annual basis. If for any reason the Lessor fails to provide such notice to the County prior to an Adjustment Date, County may continue to pay the Base Monthly Rent for the prior period until notice of the adjustment is provided, at which time County shall promptly pay to Lessor any accrued adjustment deficiencies and shall thereafter pay Base Monthly Rent as adjusted. 5. Late Charge; Interest: County acknowledges that either late payment of Rent or issuance of a non- sufficient funds check may cause Lessor to incur costs and expenses. These costs may include, but are not limited to, processing, enforcement, and accounting expenses. If any installment of Rent due from the County is not received by Lessor within seven (7) business days after due date, or if a check is returned for non-sufficient funds, County shall pay to Lessor 10% interest per annum on the delinquent amount and $25.00 as a non-sufficient funds fee, if any, any of which shall be deemed additional Rent. Lessor’s acceptance of any late charge or non-sufficient funds fee shall not constitute a waiver as to any default of the County. Lessor’s right to collect a late charge or non-sufficient funds fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Lessor from exercising any other rights and remedies under this agreement, and as provided by law. 6. Use of Leased Premises: The Premises shall be used only as a parking lot for the regular use of the County, and the limited use by the Lessor on weekends and after 6:00 pm and until 6 am on weekdays. The County Item 10 Packet Page 175 Page 2 of 10 warrants that it has received written authorization from the Ahearn Revocable Trust (Exhibit B) for the Lessor’s access across a portion of the Ahearn parcels (APN: 002-316-008 and 002-316-017, as depicted on Exhibit A) (“Ahearn Parcel”) to the Premises. Lessor agrees that the scope of the use of the Ahearn Parcel under this Agreement is limited to use on weekends and after 6 pm on weekdays and until 6 am on weekdays (After Hours), during which time the Lessor can access its 8 spaces from the Ahearn Parcel and use any available parking space for its official City vehicle use only. 7. Zoning and Land Use: County accepts the Premises subject to all local, state, and federal laws, regulations, and ordinances (hereinafter referred to as Laws). Lessor makes no representation or warranty that Premises are now or in the future will be suitable for County’s use. County has made its own investigation regarding all applicable Laws. 8. Insurance: A. Liability Insurance. 1) Lessor: Lessor agrees to maintain in force throughout the term hereof, at Lessor’s sole cost and expense, commercial general liability insurance. This insurance shall include, but shall not be limited to, commercial general liability insurance providing protection against third party claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any act or occurrence arising out of Lessor’s operations during the time of this Lease and includes Lessor’s access across the Ahearn property. The commercial general liability policies shall name the “County of San Luis Obispo, its officers, and employees” as additional insureds. 2) County: County is presently self-insured. County agrees to maintain in force throughout the term hereof, at County’s sole cost and expense, commercial general liability insurance with a broad form general liability endorsement insuring against any liability to the public for any claim for damages due to death, bodily injury or property damage related to County’s occupancy of the Premises, with single limit coverage of not less than $1,000,000 per occurrence. Lessor shall be named as an additional insured in such policy. County shall provide Lessor with at least thirty (30) days’ notice of cancellation of insurance. 9. Indemnification: County shall indemnify, defend, and hold Lessor harmless from all claims, disputes, litigation, judgments, and attorney fees arising out of County’s use of the Premises. Lessor shall indemnify, defend, and hold County harmless from all claims, disputes, litigation, judgments, and attorney fees arising out of Lessor’s use of the Premises and Lessor’s use of the Ahearn’s property to access the Premises. To the fullest extent permitted by law, Lessor and County shall indemnify, defend, and hold harmless the other party and its officers, agents, employees, and volunteers from and against all claims, demands, damages, liabilities, loss, costs, and expense (including attorney’s fees and costs of litigati on) of every nature arising out the breaching party’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by sole negligence or willful misconduct of the breaching party. Lessor and County shall at all times and in all respects comply with all federal, state, and local laws, ordinances, and regulations, including Hazardous Materials Laws. Lessor and County shall further indemnify, defend, protect, and hold each other free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) or death of or injury to any person or damage to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by Lessor’s or County’s failure to comply with any law. 10. Surrender: County shall surrender the Premises unto Lessor on the last day of the term or sooner termination of this Lease in the same condition as when received, reasonable use and normal wear and tear excepted. At the termination of the Lease, County shall remove County’s signs, posts, and wheel blocks. County shall patch the asphalt at the location where signposts and wheel blocks are removed. County shall not be responsible to repave or reseal the Premises unless County’s use results in degradation of the asphalt. Attached as Exhibit “C” is photograph documentation of the condition of the Premises at the time this Lease was executed by the Parties. Item 10 Packet Page 176 Page 3 of 10 11. Improvements, Remodeling, Alterations and Additions: County at its cost shall have the right and responsibility to stripe the parking area on the Premises, install wheel blocks, and erect signs which may indicate the parking area is for County’s regular use and the Lessor’s limited use. County shall not make, or suffer to be made, any other alterations (whether major or minor) of the Premises, or any part thereof, without the written consent of Lessor first had and obtained. 12. Repairs: Lessor agrees to repair, at Lessor’s sole cost and expense, the parking lot on which the Premises are a part, and/or the driveway entrance to the Premises. If Lessor fails or neglects to conduct necessary repairs to a reasonable standard, within thirty (30) days plus any additional period reasonably required by the circumstances after County’s notice to Lessor of the need for repairs and/or maintenance, County may repair and/or perform maintenance of the same and deduct the expenses of such repairs from the rent to the lawful extent without waiver. 13. Janitorial and Maintenance: County at its cost shall clean the Premises as needed and as associated with the County’s use of the Premises. Such cleaning will be performed by County’s groundskeepers who shall also be available to respond if an unusual event needs cleanup as associated with the County’s use of the Premises. 14. Assignment and Default: County shall not assign this Lease, nor sublet the whole or any part of the Premises, without the prior written consent of Lessor. 15. Signs: County, upon Lessor’s prior written approval, shall at its sole cost, erect, construct and maintain signs on the Premises, including, but not limited to, signs declaring the Premises parking for the County’s regular use and the Lessor’s limited use. Any signs County has the right to place, erect, construct, and maintain shall comply with all laws, and County shall obtain any approval required by such laws. Lessor makes no representation with respect to County’s ability to obtain such approval. 16. Destruction of Premises: If during the term of this Lease, the Premises are injured or destroyed by fire or other cause, so as to render the Premises, in County’s judgment, unfit for use of the Premises for intended purposes, then this Lease shall terminate at the option of County. 17. Environmental Matters / Covenants Regarding Hazardous Materials: Lessor and County shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations ("Hazardous Materials Laws") relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under such laws, ordinance or regulations (collectively, "Hazardous Materials"). Lessor and County shall further indemnify, defend, protect, and hold each other free and harmless fro m and against any and all claims, liabilities, penalties, forfeitures, losses or expenses (including attorneys' fees) or death of or injury to any person or damage to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by: (A) the presence in, on, under or about the Premises or discharge in or from the Premises of any Hazardous Materials or Lessor's or County’s use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (B) Lessor's or County's failure to comply with any Hazardous Materials Law. Lessor's and County's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, cleanup or detoxification or decontamination of the Premises, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of this Lease. For purposes of the release and indemnity provisions hereof, any acts or omissions of Lessor or County, or by employees, agents, assignees, contractors or subcontractors of Lessor or County or others acting for or on behalf of Lessor (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Lessor or County. In no event shall County be liable to Lessor, any regulatory agency or governing body for any Item 10 Packet Page 177 Page 4 of 10 Hazardous Materials existing, stored, released, or disposed of on, in, or under the Premises prior to the commencement of the Lease. 18. Notices: Any notices, demands, or communication, under or in connection with this Lease, may be served by regular mail, personal delivery, or electronic transmission (“e-mail”). Such e-mail notice, and all attachments thereto, shall for all purposes be deemed received and effective upon receipt at the e-mail address provided, and that such notice is effective irrespective of whether the addressee shall actually open or read the e -mail notice and/or attachments. Any e-mail notice to the County shall be addressed as follows: Central_RPS@co.slo.ca.us or if by regular mail, such mail must be deposited in the United States Post Office, postage prepaid, and if addressed to the County at: County of San Luis Obispo Central Services Agency 1087 Santa Rosa Street San Luis Obispo, CA 93408 Attention: Real Property Manager and may likewise be served on Lessor via e-mail at: parkinginfo@slocity.org or if by regular mail, such mail must be deposited in the United States Post Office, postage prepaid, and if addressed to the Lessor at: City of San Luis Obispo - Parking Services 1260 Chorro Street, Suite B San Luis Obispo, CA 93401 Either County or Lessor may change such address by notifying the other party in writing as to such new address as Lessor or County may desire used and which address shall continue as the address until further written notice. 19. Successors: The agreements herein made shall apply to, bind, and inure to the benefit of the successors and assigns of Lessor, and the successors and permitted assigns of County. 20. Provisions Deemed Covenants and Conditions: The parties hereto agree that all the provisions hereof are to be construed as covenants and conditions as though the words importing such covenants and conditions are used in each instance, and that all of the provisions hereof shall bind and inure to t he benefit of the parties hereto and their respective heirs, legal representative, successors and assigns. 21. Binding Effect Law: Subject to any provisions hereof restricting assignment or subletting by County, this Lease shall bind the parties, their personal representatives, successors, and assigns. This Lease shall be governed by the laws of the State where the Premises are located and any litigation concerning this Lease between the parties hereto shall be initiated in the County of San Luis Obispo. 22. Prior Agreements: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior or contemporaneous agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only signed by the parties in interest at the time of the modification. Except as otherwise stated in this Lease, County hereby acknowledges that neither the broker (if applicable) acting as agent for Lessor nor any cooperating agent on this transaction nor the Lessor or any employee or agents of any said persons has made any oral or written warranties or representations to County relative to the condition or use by County of the Premises. 23. Subordination Agreement: The County’s rights under this Lease may be subordinate to any mortgage or deed of trust or any other hypothecation or security entered after or placed upon the Premises and to Item 10 Packet Page 178 Page 5 of 10 any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. County’s right to quiet possession of the Premises shall not be disturbed if County is not in default and so long as County shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgage or trustee shall elect to have this Lease prior to the lien on its mortgage or deed of trust and shall give written notice thereof to County, this Lease shall be deemed prior to such mortgage or deed of trust, whether this Lease is dated prior or subsequent to the date of said mortgage or deed of trust on the recordation date thereof. County agrees to and shall attorn to any purchaser in good faith and for value or any successor in interest of the Lessor herein. 24. Waivers: No waiver by Lessor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by County of the same or any other provision. Lessor’s consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Lessor’s consent to or approval of any subsequent act by County. The acceptance of rent hereunder by Lessor shall not be a waiver of any preceding breach by County of any provisions hereof, other than the failure of Count y to pay the particular rent so accepted, regardless of Lessor’s knowledge of such preceding breach at the time of acceptance of such rent. 25. Severability: The invalidity of any provision of this Lease shall not affect the validity, enforceability of any other provision of this Lease. 26. Entire Agreement and Modifications: This Lease embodies the whole Lease Agreement between the parties hereto as it pertains to the subject real property and there are no promised terms, conditions, or obligations referring to the subject matter hereof, other than as contained herein. Any alterations, changes or modifications to this Lease must be in writing and executed by both Lessor and County. / / / / / / / / / / NOTHING FURTHER PAST THIS POINT / / / / / / / / / / Item 10 Packet Page 179 Page 6 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Lease on _____________________________ COUNTY OF SAN LUIS OBISPO By: _____________________________ Christopher Lopez Central Services Director Date: _____________________________ APPROVED AS TO FORM AND LEGAL EFFECT: RITA L. NEAL, County Counsel By: _____________________________ Deputy County Counsel Date: _____________________________ LESSOR By: _____________________________ ___________________________________ Printed name and title Date: _____________________________ APPROVED AS TO FORM AND LEGAL EFFECT: J. CHRISTINE DIETRICK, City Attorney By: ____________________________ Assistant City Attorney Date: _____________________________ Item 10 Packet Page 180 Leased Parcels City of San Luis Obispo Leased Parcel Vehicle A c c e s s SANTAROSAMILL 0 50 100 150 20025 Feet ¯ 1100 Mill Street San Luis Obispo Exhibit A Parcels Location Leased Parcels City of San Luis Obispo - Leased Parcel Page 7 of 10 Item 10 Packet Page 181 Ahearn Family Trust 1319 C Garden Street San Luis Obispo, CA 93401 (805-541-6428) Phil D’Acri Real Property Manager County of San Luis Obispo Re: Landlord Permission Request Dear Phil Thank you for your recent correspondence regarding the County’s ongoing negotiations with the City regarding the use of the corner parcel at Mill and Santa Rosa. Based upon the County’s lease for the adjoining/surrounding property, as Landlords we do not have the “right” to directly grant the City access across your leasehold according to our legal counsel. Notwithstanding that concern, we do have the right to consent to the County, as Lessee, providing the City with access across the County’s leasehold parking area. Please consider this letter as our approval of the County allowing the City access across the parking area, conditioned only upon the County providing us with a copy of the agreement between the City and County providing for that access. Hopefully this should eliminate any concerns you may have regarding these circumstances. Sincerely, Sandy Ahearn EXHIBIT B Page 8 of 10 Item 10 Packet Page 182 EXHIBIT C Page 9 of 10 Item 10 Packet Page 183 EXHIBIT C Page 10 of 10 Item 10 Packet Page 184 Department Name: Finance Cost Center: 2001 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Brigitte Elke, Finance Director SUBJECT: AUTHORIZATION TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION AND AUTHORIZE THE EXAMINATION OF TRANSACTION AND USE TAX RECORDS RECOMMENDATION 1. Approve a Resolution authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration (CDTFA) for implementation of a Local Transactions and Use Tax (Attachment A); and 2. Approve a Resolution authorizing the examination of Transaction and Use Tax records (Attachment B); and 3. Authorize the City Manager to amend the agreement with Hinderliter, De Llamas, and Associates (HdL Companies) for continued Transaction and Use Tax Audit and Information Services. DISCUSSION Background On November 3, 2020, the voters of the City of San Luis Obispo approved Measure G-20, a 1.5 cent Community Services and Investment Local Transactions (Sales) and Use Tax measure to provide funding to protect the City of San Luis Obispo’s financial stability; maintain fire/community safety, health emergency/disaster preparedness; protect creeks from pollution; address homelessness; keep public areas clean/safe; retain local businesses’ maintain youth/senior services, streets, open space/natural areas, and other general services. The results of the election were certified by the County Clerk on November 25, 2020 and subsequently by the City Council on December 1, 2020. December 1, 2020 was also the date of the second reading of the ordinance that amended the existing Municipal Code chapter and reenacted in full the amended chapter 3.15 – Community Services and Investment Local Transactions (Sales) and Use Tax. The use of the local transactions and use tax revenue will be recommended by the City’s Revenue Enhancement Oversight Commission to the City Council as codified under amended Municipal Code Chapter 2.14. Item 11 Packet Page 185 Collection of the Local Transactions and Use Tax In order for the California Department of Tax and Fee Administration (CFTA) to begin the levy and collection of the additional local transaction and use tax, several documents need to be filed including a resolution (Attachment A) authorizing the City Manager to execute the agreements to implement the local transaction and use tax. Authorization to review records In addition, staff updated the resolution (Attachment B) required for pertinent staff to access and examine the transaction and use tax records which are deemed confidential. Only staff listed in the resolution will be given the privilege of review of the CDTFA records. The resolution also provides for the City’s sales tax consultant, HdL Companies to have access to the data for analysis and auditing purposes. Since the local transaction and use tax is administered separately by the CDTFA, a separate and updated agreement between the City and the consultant is necessary to allow for the services to continue. An important service provided by HdL Companies is the audit of tax remittances to ensure that all applicable tax is collected and submitted. HdL Companies works closely with the CDTFA to ensure such collection. Previous Council Action The City Council has most recently reviewed related items on July 21, 2020 and on September 9, 2020. The second reading of the ordinances amending Section 3.15 and Section 2.14 occurred on December 1, 2020 with the certification of the election results. Policy Context The local transactions and use tax is guided by the City’s Municipal Code section 3.15, which was amended in consideration of the approved measure. Chapter 2.14 of the Municipal Code, which stipulates the revenue oversight and use recommendation by the Revenue Enhancement Oversight Committee, was also updated in consideration of the voter approved measure. Public Engagement Extensive public outreach was done prior to the decision by the City Council to place the measure on the ballot. The item has been before Council in public session on various occasions, last in July to introduce the ordinance to amend Municipal Code chapter 3.15 and in September to amend Chapter 2.14 – Revenue Enhancement Oversight commission. FISCAL IMPACT Budgeted: No Budget Year: 2020-21 Item 11 Packet Page 186 Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund N/A State Federal Fees Other: Total The measure in its entirety will provide approximately $21,600,000 annually in General Fund revenue until ended by the voters. At current levels, this is an additional $14,400,000 in General Fund revenue as the current local transactions and use tax of half a cent is budgeted to provide $7.2 million. ALTERNATIVES The City Council could decide not to approve the resolutions. This is not recommended as the California Department of Tax and Fee Administration will not begin the collection of the tax without the resolution designating a City executive to sign the required agreements. Attachments: a - Draft Resolution - CDTFA Execution of Agreements b - Draft Resolution - Authorizing Examination of Confidential Records Item 11 Packet Page 187 RESOLUTION NO. _____ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX WHEREAS, on December 1, 2020, the City Council approved Ordinance No. 1686 (2020 Series amending the City Municipal Code and providing for a local transaction and use tax as approved by the voters of San Luis Obispo on November 3, 2020; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements; Item 11 Packet Page 188 Resolution No. _____ (2020 Series) Page 2 R _______ NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Luis Obispo that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement. 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 Item 11 Packet Page 189 Resolution No. _____ (2020 Series) Page 3 R _______ AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE CITY'S TRANSACTIONS AND USE TAX ORDINANCE In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of San Luis Obispo, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows: 1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City. 2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code. 3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City. 4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final. 5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received. 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) 7. Communications and notices may be sent by first class United States mail. Communications and notices to be sent to the Department shall be addressed to: California Department of Tax and Fee Administration Attention: Administrator Local Revenue Branch P.O. Box 942879 MIC: 27 Sacramento, California 94279-0027 Item 11 Packet Page 190 Resolution No. _____ (2020 Series) Page 4 R _______ Communications and notices to be sent to City shall be addressed to: City of San Luis Obispo Attention: Finance Director 990 Palm Street San Luis Obispo, CA 93401 8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement. CITY OF SAN LUIS OBISPO CALIFORNIA STATE DEPARTMENT OF TAX AND FEE ADMINISTRATION By By (Signature) Administrator Local Revenue Branch (Typed Name) (Title) (Rev. 11/17) Item 11 Packet Page 191 Resolution No. _____ (2020 Series) Page 5 R _______ AGREEMENT FOR STATE ADMINISTRATION OF CITY TRANSACTIONS AND USE TAXES The City Council of the City of San Luis Obispo has adopted, and the voters of the City of San Luis Obispo (hereafter called “City” or “District”) have approved by the required majority vote, the City of San Luis Obispo Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following: 1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Division 2, Part 1.7, Chapter 2.3, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code. 2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No.1686 (2020 Series) as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2. ARTICLE II ADMINISTRATION AND COLLECTION OF CITY TAXES A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled. Item 11 Packet Page 192 Resolution No. _____ (2020 Series) Page 6 R _______ C. Transmittal of money. 1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter. 2. For periods subsequent to the expiration date of the tax whether by City’s self- imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter. 3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement. D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder. E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department. G. Records of the Department. When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant t o this Agreement. Item 11 Packet Page 193 Resolution No. _____ (2020 Series) Page 7 R _______ H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary. ARTICLE III ALLOCATION OF TAX A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code: 1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers. 2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies. B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use. ARTICLE IV COMPENSATION The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City. ARTICLE V MISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate. A notification is complete when deposited in the mail. Item 11 Packet Page 194 Resolution No. _____ (2020 Series) Page 8 R _______ Communications and notices to be sent to the Department shall be addressed to: California State Department of Tax and Fee Administration Attention: Administrator Local Revenue Branch P.O. Box 942879 Sacramento, California 94279-0027 Communications and notices to be sent to the City shall be addressed to: City of San Luis Obispo Attention Finance Director 990 Palm Street San Luis Obispo, CA 93401 Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above. B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on ___________________. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance. C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. Item 11 Packet Page 195 Resolution No. _____ (2020 Series) Page 9 R _______ ARTICLE VI ADMINISTRATION OF TAXES IF THE ORDINANCE IS CHALLENGED AS BEING INVALID A. Impoundment of funds. 1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid. 2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable. B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that: 1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance. 2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement. 3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers. 4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code. 5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City. 6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final. Item 11 Packet Page 196 Resolution No. _____ (2020 Series) Page 10 R _______ 7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds. CITY OF SAN LUIS OBISPO CALIFORNIA STATE DEPARTMENT OF TAX AND FEE ADMINISTRATION By By (Signature) Administrator Local Revenue Branch (Typed Name) (Title) Item 11 Packet Page 197 R ______ RESOLUTION NO. _____ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 1866 (2020 Series) of San Luis Obispo, hereinafter referred to as District, and Section 7270 of the Revenue and Taxation Code, the District entered into a contract with the California Department of Tax and Fee Administration (CDTFA) to perform all functions incident to the administration and operation of the Transactions and Use Tax Ordinance; and WHEREAS, the District deems it desirable and necessary for authorized representatives of the District to examine confidential transactions and use tax records of the California Department of Tax and Fee Administration pertaining to transactions and use taxes collected by the Board for the District pursuant to that contract; and WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of California Department of Tax and Fee Administration records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from, the transactions and use tax records of the Board; NOW, THEREFORE IT IS RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That the City Manager, the Finance Director, the Deputy City Manager, and the Principal Budget Analyst of the District designated in writing by the City Manager to the California Dept of Tax and Fee Administration (hereafter referred to as the CDTFA) are hereby appointed to represent the District with authority to examine transactions and use tax records of the CDTFA pertaining to transactions and use taxes collected for the District by the CDTFA pursuant to the contract between the District and the CDTFA. The information obtained by examination of CDTFA records shall be used only for purposes related to the collection of the District’s transactions and use taxes by the CDTFA pursuant to the contract. Section 2. That the City Manager, or other officers or employees of the District designated in writing by the City Manager to the CDTFA are hereby appointed to represent the District with authority to examine those transactions and use tax records of the Board for purposes related to the following governmental functions of the District: a) Revenue management and budgeting b) Community and economic development c) City Administration d) Business License and Tax administration The information obtained by examination of CDTFA records shall be used only for those governmental functions of the District listed above. Item 11 Packet Page 198 Resolution No. _____ (2020 Series) Page 2 R ______ Section 3. That Hinterliter, De Llamas and Associates (HdL Companies) is hereby designated to examine the transactions and use tax records of the California Department of Tax and Fee Administration pertaining to transactions and use taxes collected for the District by the Department. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the District to examine those transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from those transactions and use tax records only to the officer or employee authorized under Section 1 and Section 2 of this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; d) is prohibited by that contract from retaining the information contained in or derived from those transactions and use tax records after that contract has expired. BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection of District’s transactions and use taxes by the Board pursuant to the contracts between the District and Board. Item 11 Packet Page 199 Resolution No. _____ (2020 Series) Page 3 R ______ Section 4. That this resolution supersedes all prior transactions and use tax resolutions of the City of San Luis Obispo adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056. 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 Item 11 Packet Page 200 Department Name: Police Cost Center: 8001 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Jeff Smith, Interim Chief of Police Prepared By: Brian Amoroso, Operations Captain SUBJECT: RESPONSE TO GRAND JURY REPORT – JOINT AGENCY DISPATCH: BETTER TOGETHER? RECOMMENDATION Receive and file the County of San Luis Obispo Grand Jury Agency Response to Report (Attachment A) regarding contracting City Police and Fire dispatching services to the County Sheriff and CalFire. DISCUSSION On November 3rd, 2020, the City of San Luis Obispo received a report from the San Luis Obispo Grand Jury, titled “Joint Agency Dispatch, Better Together?” (Attachment B). The City was asked to provide a response to Recommendation #1. R1. The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo, should each request a proposal from the San Luis Obispo County Sheriff and Cal Fire to provide contract dispatch services and present it as an option in future budgets. The City recently completed a joint dispatch consolidation study in May 2020 (Attachment C), which researched the feasibility of a combined multi-agency dispatch approach or contracting the services to the San Luis Obispo Sheriff’s Office and Cal Fire. Based on the information gathered during this process, it was determined that consolidation was not an advantageous option in cost- savings, service levels, or decision-making authority. The Grand Jury response document details these conclusions (Attachment D). Policy Context A response to the Grand Jury report is required by the Law Enforcement Agency Head, the Mayor, and the governing City and County advisory boards per California Penal Code 933 (Attachment E). “No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of Item 12 Packet Page 201 the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.” Chief Smith’s written response to the Grand Jury report was sent to Presiding Judge Jacqueline Duffy on November 16, 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: N/A Budget Year: Funding Identified: N/A 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 impact on the City’s General Fund associated with this action. Any training cost resulting from the recommendation would be absorbed by the Police department’s budget appropriation. Item 12 Packet Page 202 ALTERNATIVES Council may direct staff to change the Grand Jury response and continue discussions to consolidate dispatching services. Attachments: a - Agency Response to Report b - Summary of Joint Dispatch: Better Together? c - Final Executive Summary Report - SLO Dispatch Consolidation d - Grand Jury Response e - Penal Code 933 Item 12 Packet Page 203 Item 12 Packet Page 204 Submitted November 5, 2020 1 JOINT AGENCY DISPATCH: BETTER TOGETHER? SUMMARY Improvements in technology, budget constraints and discussions about a co-located dispatch center have led several agencies to consider combining dispatch operations for public safety agencies in San Luis Obispo County. There are several examples of successful joint dispatch operations in our county. Cal Fire provides dispatch service to all the local agencies in the unincorporated areas of the county and the cities of Arroyo Grande, Grover Beach, Morro Bay and Pismo Beach. The County Sheriff provides 911 service and Law Enforcement Dispatch service to the Cities of Arroyo Grande and Morro Bay through contracts. The contract expense formula for sheriff dispatch service provided significantly lower cost for both cities. Our interviews revealed that contracting agencies are satisfied with the service they receive. They note that separate fire and police dispatch services are superior. Additional dispatch capacity relieves stress in busy periods as well as the ability to stage or send interagency help when necessary. This action provides faster response for major incidents. Several cities were considering a joint dispatch operation as well, with the city of San Luis Obispo providing the service. This effort was abandoned after the initial findings indicated it was fiscally unfeasible. Despite a net savings of over $500,000 in personnel costs it was not advantageous to all four agencies. Primarily, this was a result of the 16%-32% difference in pay scales between the agencies. Paso Robles and Atascadero would incur higher costs while the city of San Luis Obispo and California Polytechnic State University (Cal Poly) would receive considerable savings. The Grand Jury found that Cal Fire and County Sheriff have provided equal or superior dispatch service for less cost to several agencies in our county. The real benefit for taxpayers and residents countywide is the financial and operational efficiencies of a joint agency dispatch service. We recommended the Sheriff provide long term pricing for dispatch service to the remaining cities in the county, one with and one without the new co-dispatch center. Each of the cities should present this as a future budget option. Item 12 Packet Page 205 Submitted November 5, 2020 2 INTRODUCTION/PURPOSE Improvements in technology, budget constraints and discussions about a co-located dispatch center have led several agencies to consider combined dispatch operations for the public safety agencies in San Luis Obispo County. In this report the San Luis Obispo Grand Jury (SLOGJ) reviewed dispatch operations throughout the county for potential financial, operational, and service efficiencies that may be achieved by combining dispatch operations. Although discussion about the co-located dispatch center was part of the original purpose for this report, the relocation and redesign during the investigation made accurate information unavailable at this time. METHOD/PROCEDURE To obtain information for this report the SLOGJ requested and received budgets for dispatch operations, personnel requirements, and call volumes for all seven cities, County Sheriff and Cal Fire. We interviewed several public safety chiefs and toured both the County Sheriff and Cal Fire dispatch centers. The 2018-19 fiscal year was our primary time frame for comparison. Due to differences in budget detail and definitions for “call for service,” exact comparisons were not possible. Some cities included administration and tech service costs while others did not. We included 911 calls and total calls for service in our report, but used total calls for service as the best proxy for call volume comparisons. We also studied how dispatch operations work when two or more services might be required (i.e. fire and ambulance for a medical emergency). We were unable to find extensive cost information for the current Co-Dispatch Center plan. BACKGROUND/HISTORY In 2013, the SLOGJ issued a report entitled “Consolidation of Public Safety Dispatch Systems.” It focused on the Arroyo Grande and Grover Beach attempt to consolidate their police departments and, when that failed, on the potential for consolidation of their public safety dispatch operations. They recommended “The City Councils of Arroyo Grande and Grover Beach should consider consolidating the public safety dispatch systems of their respective cities.” Item 12 Packet Page 206 Submitted November 5, 2020 3 In 2014, Arroyo Grande and Morro Bay moved forward on contracting with the County Sheriff for Public Safety Answering Point (PSAP aka 911) and Law Enforcement dispatch. Grover Beach retained its PSAP and dispatch operation, and took over full dispatch of the Five Cities Fire Authority (FCFA) including Arroyo Grande and Oceano. In 2018, the FCFA began contracting for dispatch service with Cal Fire. Recently, there has been discussion of a new co-dispatch center that would house both Cal Fire and the County Sheriff, with the capacity to provide service to all the cities and agencies in SLO County. In addition, there has been discussion and a feasibility study about the pote ntial for a smaller consolidation of just Paso Robles, Atascadero, Cal Poly University and the city of San Luis Obispo. Based on these changes and renewed interest, the SLOGJ is once again, reviewing the potential for consolidation of public safety dispatch throughout the county. NARRATIVE Dispatchers are the starting point for most public safety events and nearly all emergencies. Computer Aided Dispatch (CAD) combines a number of technologies that greatly enhance a dispatcher’s ability to handle higher volumes of calls and provide real-time information about incidents and the assets that are available to respond. Not long ago a dispatcher would require detailed knowledge about the area into which they are dispatching. Today, thanks to Global Positioning System (GPS) technology, a dispatcher is instantly provided with information about the location of the caller and the nearest police or fire personnel available to respond. Through mapping and traffic analysis CAD provides the fastest route for emergency responders. CAD allows one dispatcher to take a 911 call and collect the information concerning the call. In the case of cross service type calls, this information is transferred through the CAD system to the correct agency dispatcher. The transfer is based on geographic data related to the address of the incident. In the case of medical calls, the call is routed to the ambulance dispatcher and to fire dispatch who sends the nearest available fire crew. This ensures the fastest possible response with adequate personnel for the situation. Item 12 Packet Page 207 Submitted November 5, 2020 4 The public has come to expect timely response to emergency calls. The public expects their 911 calls to be answered instantly, handled professionally, and with service personnel arriving with all the key information necessary to assist them. Although dispatchers excel at multi-tasking and prioritizing, a single dispatcher can easily be over-taxed, handling multiple calls while also assisting officers and firefighters in the field. The combination of new technology and varying intensity of demand for service, make public safety dispatch a natural area for combining the dispatch service of multiple law enforcement and fire service agencies. San Luis Obispo County already has several examples of successful integration of dispatch for multiple agencies. Cal Fire provides dispatch service to all the unincorporated areas of the county including areas like Templeton and San Miguel. Through contracts, they provide dispatch services to the cities of Pismo Beach, Arroyo Grande, and Grover Beach. In total, Cal Fire dispatches 34 fire stations and crews in SLO County. SLOGJ toured their dispatch center located at their county headquarters on Highway 1. They normally have two or three dispatchers plus a Battalion Commander (BC) on duty and can add more when conditions demand it. They do not provide PSAP (911) service directly, but did dispatch response to 12,863 calls for service (medical and fire) in 2018. The BC is empowered to send additional personnel when the situation warrants it. Cal Fire is due to start a long-planned remodel of their headquarters in 2020. They did not include a new dispatch center in that plan in expectation that the co-dispatch center would be available. In the interim they will be moving their dispatch operation into a temporary location until either the co-located dispatch center is available or a new Cal Fire dispatch center is planned and funded by the state. The staff indicated that this could be “a long process.” SLO County Sheriff provides PSAP (911) services to all the unincorporated areas of the County and by contract to the cities of Arroyo Grande and Morro Bay. In addition to dispatching sheriff deputies, they dispatch law enforcement officers from those two cities. In 2018 they received 134,000 calls for service in total, and dispatched nearly 24,000 emergency ambulance calls. SLOGJ toured the Sheriff Dispatch center located in the Emergency Operations Center (EOC), and made several follow-up inquiries. They have four dispatchers, a supervisor and a watch Item 12 Packet Page 208 Submitted November 5, 2020 5 commander on duty. Each of the agencies (County Sheriff, Arroyo Grande PD, Morro Bay PD and San Luis Ambulance Service) have a dedicated dispatcher. Any dispatcher can answer a 911 call from any of the PSAP areas they serve. The call is then posted to the correct agency dispatch er, and when necessary, backup or additional dispatch service is provided. The Watch Commander does not provide direction to the officers in Arroyo Grande and Morro Bay, but is available to monitor a developing situation in those communities and reposition resources in case they are requested. In total Sheriff dispatch has 21 full time equivalent (FTE) employees (not counting the Watch Commanders) including the five contracted for Arroyo Grande and Morro Bay. San Luis Ambulance receives emergency dispatch service at no cost from the Sheriff dispatch center. The Sheriff dispatch center uses approximately a third of the EOC building. The remainder of the building is reserved for emergency operations in the event of an accident at the Diablo Canyon Nuclear Power Plant. Staff noted this building was built in 1984 and does not meet a number of current code requirements. Their space allocation is not sufficient to provide dispatch service for all seven cities. In the event the Co-dispatch Center is not available, there is a contingency plan that could provide service to all seven cities. Both Cal Fire and SLO County Sheriff use a similar methodology to develop the pricing element for their contract service. The county sheriff dispatch service contract accounts for the direct expense of a dedicated dispatcher for each agency without any additional expense for management, administration or, of special note, building rent or capital outlay. Arroyo Grande requires three FTE’s for a total of $393,658 and Morro Bay two FTE’s for a total of $267,436. The Cal Fire contract adds all direct dispatch costs without any additional expense for management administration or rent. Those costs are divided based on the total calls -for-service from each agency. Morro Bay pays $71,086 and Arroyo Grande pays $77,867. Arroyo Grande and Morro Bay Police chiefs’ report they are satisfied with the service they receive and that it is better than their in-house service, due to having multiple dispatchers available when needed, and having the fire dispatch service provided by a separate agency. Both reported that when backup is required there is better coordination than was possible with multiple law enforcement dispatch operations. Item 12 Packet Page 209 Submitted November 5, 2020 6 In the first six months of operation there were a few issues that were quickly resolved. Any issues today are handled between supervisors with a simple phone call or email. Both agencies note that it would be difficult to bring back in-house dispatch service, costing over a million dollars and requiring a year or more of lead time. Similar approval was voiced by the FCFA Chief. Although expense was essentially the same, the Cal Fire dispatchers are trained and dedicated to fire and medical response. With better technology they deliver superior emergency response. In addition, a Battalion Commander is available 24/7 to determine if additional resources are needed. This ensures adequate response from multiple agencies when required. Cal Fire is under a general contract to provide fire services, including dispatch, to Pismo Beach and San Luis Obispo County. The county then subcontracts out the fire dispatch service provided by Cal Fire to other agencies. In addition, the county contracts Law Enforcement Dispatch services through the County Sheriff’s Department to Arroyo Grande and Morro Bay. There are many factors affecting 911 and public safety calls for service from the various agencies in SLO County. A few of these factors are population, demographics, tourism, job concentration, and homeless populations. In 2018, calls for service from the seven cities in SLO County varied from just over 13,000 for Morro Bay to nearly 60,000 for the city of San Luis Obispo. The unincorporated areas of the county generated nearly 100,000 calls for service. The 911 calls ha d a more dramatic distribution (911 calls are a subset of calls for service). Morro Bay totaled just over 1,000, San Luis Obispo over 19,000, and the unincorporated areas of the county over 43,000. It should be noted that the definition for calls for service may vary from agency to agency, some include calls from traffic stops, others included all the calls created in the CAD system. A key number to note is the total base personnel (dispatchers plus supervision without management or computer tech support), in each of the cities that have in-house dispatch operations. With the exception of the city of SLO, which has 12 FTE’s, the other cities have six to eight FTEs, despite Item 12 Packet Page 210 Submitted November 5, 2020 7 a wide range of call levels. For example, the city of Atascadero, with a call for s ervice volume of just over 27,000, has seven FTE’s and the city of Grover Beach, with a call for service volume just over 16,000, has six FTEs. On the expense side, the cities of Grover Beach, Pismo Beach, Atascadero and Paso Robles pay in the $650,000-$850,000 range for their base dispatch personnel. Using a conservative figure of $100,000 for maintenance and management of their own PSAP and radio systems, the minimum cost for a PSAP dispatch operation would be approximately $750,000 – $950,000. The cities of San Luis Obispo, Atascadero, Paso Robles and Cal Poly University hired City Gate Associates to provide a Fire/Police Merger Analysis. Initial findings indicated that the merger was fiscally unfeasible, Phase I of the study was reported in May of 2020 and the Grand Jury received a copy in June, 2020. The report highlights several key hurdles to the merging (by contract or JPA) of dispatch operations. The first is the 16-31% disparity in salary and benefits between agencies. For example, Atascadero dispatcher's (Support Services Technician) salary and benefits are 27% lower than that of a dispatcher in the City of San Luis Obispo. Second, this analysis allocated cost based on the percentage of “total workload”. As a result, there was a total savings of over $500,000 in personnel costs, however it would not be evenly distributed. The cities of Atascadero and Paso Robles would pay over $320,000 and Cal Poly and the city of SLO would save $830,000. The analysis noted that there were solutions for the reliable radio communication between the various agencies but did not estimate any expense to achieve them. They also noted concerns by the Fire Chiefs about, 911 performance standards, dispatcher training, and dispatch of resources into other jurisdictions. CONCLUSIONS Since the Grand Jury report “Consolidation for Dispatch Operation for Public Safety” in 2012, the cities of Arroyo Grande and Morro Bay have worked through the governance and operational concerns and contracted with the County Sheriff and Cal Fire for dispatch service that is less expensive and is equal or better than their in-house service. Item 12 Packet Page 211 Submitted November 5, 2020 8 It is likely that the similar sized cities of Grover Beach and Pismo Beach could achieve similar results for their PSAP and law enforcement dispatch. For the cities of Atascadero and Paso Robles to achieve similar financial results, the County Sheriff would need to mitigate the difference in pay scales. The city of San Luis Obispo has similar pay scales to the County Sheriff and would likely realize some financial benefit from joint dispatch. Beyond expense, there are significant service level benefits from joint dispatch. Dispatchers trained and dedicated to either fire or police operations provide a safer environment for first responders and improved service to the public. Better coordination during major incidents, where mutual or emergency aid is required, will improve response times and ensure timely additional support. The higher capacity of a larger operation will reduce the impact from turnover, illness or injury. There are challenges as well, but the recent success of agencies who contract for dispatch service indicates they can be met and still deliver more cost effective and operational service. FINDINGS F1. The cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo who operate their own PSAPs, could benefit financially and operationally by contracting their dispatch operation with Cal Fire and the County Sheriff. F2. The County Sheriff and Cal Fire have demonstrated that they can provide cost effective and operational dispatch service that is equal or better to the smaller agencies in San Luis Obispo county through contracting. F3. The portion of the EOC building now allocated to County Sheriff Dispatch operations is insufficient to provide dispatch service to all seven cities. F4. A state-of-the-art dispatch center could be a benefit to the County Sheriff’s aging building inventory, but the real benefit for taxpayers and residents countywide is the financial and operational efficiencies of a joint agency dispatch service. Item 12 Packet Page 212 Submitted November 5, 2020 9 RECOMMENDATIONS R1. The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo, should each request a proposal from the San Luis Obispo County Sheriff and Cal Fire to provide contract dispatch services and present it as an option in future budgets. R2. The San Luis Obispo County Sheriff and Cal Fire should modify their contingency plans for dispatch to all seven cities into a viable alternative to the proposed co-dispatch center. R3. The San Luis Obispo County Board of Supervisors should require the San Luis Obispo County Sheriff to provide a clear, long-term pricing for dispatch service with and without the proposed co-dispatch center. R4. The San Luis Obispo County Board of Supervisors should include the reallocation of space in the EOC building for expanded dispatch operations in their current negotiations with PG&E regarding the closing of Diablo Canyon Nuclear Power Plant in 2025. REQUIRED RESPONSES The following people are required to respond to the findings and recommendations within the timeframe shown and in accordance with the California Penal Code Section 933.05: The City of Atascadero shall respond to R1 The City of Grover Beach shall respond to R1 The City of Pismo Beach shall respond to R1 The City of Paso Robles shall respond to R1 The City of San Luis Obispo shall respond to R1 San Luis Obispo County Sheriff shall respond to R2 and R3 San Luis Obispo County Board of Supervisors shall respond to R3 and R4 Item 12 Packet Page 213 Submitted November 5, 2020 10 The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior 322 Court by January 5, 2021. Please provide a paper copy and an electronic version of all responses to 323 the Grand Jury. AGENCY RESPONSE REQUIREMENTS The Penal Code Section 933.05 that specifies the format and methodology for agency responses is listed below. All agency respondents are required to respond to all findings and recommendations in the following manner: • If the respondent disagrees wholly or partially with an item, the respondent must elaborate on the portion of the item that they disagree with, and provide an explanation. • If a respondent notes that an item will be implemented in the future, the response must include a timeframe for implementation. • If a respondent notes that an item requires further analysis, the agency must include in the response an explanation of and the scope of what will be studied and the timeframe needed for the study. The timeframe for follow-up from the agency cannot exceed six months. • If the item will not be implemented or is not reasonable, the respondent is required to provide a detailed explanation. 933.05. Findings and Recommendations (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or Item 12 Packet Page 214 Submitted November 5, 2020 11 reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. Presiding Judge Grand Jury Presiding Judge Jacquelyn H. Duffy Superior Court of California 1035 Palm Street Room 355 San Luis Obispo, CA 93408 San Luis Obispo County Grand Jury P.O. Box 4910 San Luis Obispo, CA 93403 APPENDICES, ATTACHMENTS, BIBLIOGRAPHY, GLOSSARY AND SUGGESTED READING City of San Luis Obispo Merger Analysis May 14, 2020. Item 12 Packet Page 215 Executive Summary Report Page 1 CITY OF SAN LUIS OBISPO FIRE/POLICE DISPATCH MERGER ANALYSIS EXECUTIVE SUMMARY REPORT May 14, 2020 1. INTRODUCTION AND BACKGROUND The City of San Luis Obispo (San Luis Obispo), in partnership with the City of Atascadero (Atascadero), City of Paso Robles (Paso Robles), and California Polytechnic State University (Cal Poly), retained Citygate Associates, LLC (Citygate) in early 2019 to evaluate the opportunities and constraints in merging some or all of the partner jurisdictions’ fire and police dispatch services into a single, shared dispatch facility at the San Luis Obispo Police Department Communications Center. Over the ensuing months, Citygate gathered and reviewed data from the four dispatch centers and conducted interviews with each dispatch centers’ staff. Citygate also analyzed current and projected near-term future workload for each jurisdiction, as well as conducted a comparative compensation analysis. An on-site briefing of the initial findings for key partner executives was provided on November 15, 2019, followed by additional compensation and workload analyses as requested. After providing updated compensation and workload analyses results on January 9, 2020, Citygate was informed of the study partners’ decision to conclude the study at Phase I given the initial findings of a merger being fiscally unfeasible in the near term. This executive summary report summarizes Citygate’s work and analyses conducted. 2. FINDINGS SUMMARY Citygate’s Phase I merged dispatch center analysis yields the following findings: Finding #1: In a merger, agency-specific non-dispatch-related duties would need to be reallocated to other personnel in Atascadero, Cal Poly, and Paso Robles. Finding #2: Multiple solutions are available to provide reliable radio communications between Atascadero and Paso Robles and the proposed merged dispatch center in San Luis Obispo. Item 12 Packet Page 216 Executive Summary Report Page 2 Finding #3: The partner agencies’ Fire Chiefs have concerns regarding coordination of multiple fire agency dispatching to be considered in any proposed consolidation model. Finding #4: Cal Poly provides unique, non-dispatch-related services to the campus to be considered in any proposed consolidation model. Finding #5: By hour of day, telephone call workload is consistent across the four study partner agencies. Finding #6: Staffing needed for a merged dispatch center is 10 fewer personnel than currently utilized in the four study partners’ communications centers. Finding #7: Leave-behind, non-dispatch-related duties would require an estimated additional 1.0 to 2.0 full-time equivalent personnel each for Atascadero, Cal Poly, and Paso Robles, effectively using many of the saved positions and reducing merger cost savings. Finding #8: The San Luis Obispo Police Department Communications Center would adequately accommodate the additional staffing needed for a merged dispatch center, with some modest interior remodeling to meet additional space utilization needs for all the needed support/supervision spaces. Finding #9: Total current average communications center compensation in Atascadero, Cal Poly, and Paso Robles ranges from 16 percent to 32 percent less than current average San Luis Obispo compensation by comparable position. Finding #10: Projected merged dispatch center personnel costs compared to current personnel costs by agency range from $558,000 less for San Luis Obispo to $273,000 more for Paso Robles. Finding #11: Total merged dispatch center costs range from $496,000 less than current personnel costs for San Luis Obispo to $336,000 more than current personnel costs for Paso Robles, with a net aggregate savings over current personnel costs of $263,500. 3. APPROACH AND METHODOLOGY Citygate proposed a two-phased approach to this study, with Phase I evaluating the following high- level, potential-deal-breaker issues affecting the proposed dispatch center consolidation: ◆ Service issues specific to Cal Poly ◆ Technical communications issues ◆ Fire agency issues Item 12 Packet Page 217 Executive Summary Report Page 3 ◆ Current and projected near-term future dispatch center workload ◆ Projected merged dispatch center workload ◆ Merged dispatch center staffing needs ◆ Merged dispatch center space needs ◆ Macro-level comparative compensation analysis ◆ Projected merged dispatch center costs and comparison to current costs If the issues identified in Phase I were deemed resolvable by the study partners, Phase II would provide technical implementation support to include: ◆ Exact personnel costs and impact bargaining ◆ CalPERS issues ◆ Employee health care impacts ◆ Technology conversion issues and costs ◆ Governance alternative to implement ◆ Final cost-share formula ◆ Final startup personnel costs ◆ Development of a comprehensive implementation plan 4. CURRENT DISPATCH CENTERS’ STAFFING AND COLLATERAL RESPONSIBILITIES The four dispatch communications centers currently have an aggregate total of 37 personnel with a minimum staffing level of one Dispatcher at Cal Poly, Atascadero, and Paso Robles and two Dispatchers in San Luis Obispo, as summarized in Table 1. Item 12 Packet Page 218 Executive Summary Report Page 4 Table 1—Current Dispatch Center Staffing Summary Agency Manager Supervisor / Lead Dispatcher Dispatcher (Full-Time) Dispatcher (Part-Time) Total Minimum Shift Staffing Atascadero 0 1 6 0 7 1 Cal Poly 0 0 5 2 7 1 Paso Robles1 0 1 8 0 9 1 San Luis Obispo2 1 2 11 0 14 2 Total 1 4 30 2 37 5 1 Supervisor not located in communications center 2 Dedicated full-time Communications Center Manager What follows is the current staffing and summary of Dispatcher responsibilities for each communications center. 4.1 Atascadero In addition to answering 9-1-1 and business line telephone calls, the Atascadero Police Department Communications Center, as the primary public safety answering point (PSAP) for the City, provides 24-hour dispatch and radio communications support for the City Police and Fire Departments with a staff of seven personnel, including one lead Dispatcher and six full-time Dispatchers. Daily staffing includes two Dispatchers from 10:00 am to 10:00 pm and one Dispatcher from 10:00 pm to 10:00 am. The communications center is managed by a Police Lieutenant as a collateral assigned responsibility. Atascadero Dispatchers have numerous non- dispatch-related responsibilities, including but not limited to: ◆ Reports ◆ Evidence booking ◆ Front lobby counter reception ◆ Fingerprinting appointments ◆ Alarm code violations ◆ Vehicle releases ◆ Records management system (RMS) data entry ◆ Business license updates Item 12 Packet Page 219 Executive Summary Report Page 5 4.2 Cal Poly The Cal Poly Police Department Dispatch Center is the PSAP for the university campus and provides 24-hour dispatch and radio communications support for campus police officers. Fire services are contractually provided by the San Luis Obispo County Fire Department, which is administered and dispatched by the CAL FIRE San Luis Obispo Unit. The communications center has five full-time and two part-time/on-call Dispatchers under the supervision of a dispatch/records Supervisor, with one Dispatcher on duty at all times, except from 2:00 pm to 10:00 pm on Friday and Saturday when two Dispatchers are on duty. Campus Dispatchers have numerous collateral responsibilities unique to the campus environment and small department size. 4.3 Paso Robles Like Atascadero, the Paso Robles Police Department Communications Center is the primary PSAP for the City. In addition to answering 9-1-1 and business line telephone calls, the communications center provides 24-hour dispatch and radio communications support for the City Police and Fire Departments with a staff of nine personnel, including one Supervisor and eight full-time Dispatchers.1 Daily staffing includes two Dispatchers from 9:30 pm to 2:30 pm, and one Dispatcher from 2:30 pm to 9:30 pm Paso Robles Dispatchers also have numerous collateral non- dispatch-related duties and responsibilities similar to Atascadero and San Luis Obispo. 4.4 San Luis Obispo Like the other three communications centers, the San Luis Obispo Police Department Communications Center is the primary PSAP for the City and provides 24-hour dispatch and radio communications support for the City Police and Fire Departments with a staff of 14 personnel, including one dedicated Manager, two Supervisors, and 11 full-time Dispatchers. Minimum staffing includes two Dispatchers; however, Supervisors can also perform as Dispatchers as needed when on duty. San Luis Obispo Dispatchers also have collateral non-dispatch-related duties but fewer than the other three centers due to the higher telephone and radio workload. Finding #1: In a merger, agency-specific non-dispatch-related duties would need to be reallocated to other personnel in Atascadero, Cal Poly, and Paso Robles. 1 The Administrative Assistant to the Chief of Police serves as the communications center Supervisor and is also responsible for supervising the Records Unit; the Administrative Assistant is not physically located in the communications center. Item 12 Packet Page 220 Executive Summary Report Page 6 5. TECHNICAL RADIO COMMUNICATIONS ISSUES One of the early issues addressed in this study involved radio communications between the proposed merged dispatch center and Atascadero and Paso Robles. Each partner jurisdiction is currently licensed by the Federal Communications Commission (FCC) to utilize specific radio frequency(s) for communications between its communications center and field resources. Due to the limited radio frequency spectrum available for public safety use, the FCC must allocate available frequencies to agencies throughout the country to avoid interference. The FCC accomplishes this in general by limiting radio transmission power and separating frequency users by distance and natural topographic barriers. In this case, the 1,500-foot Cuesta Ridge in the Los Padres National Forest prevents use of current radio frequencies between San Luis Obispo and Atascadero/Paso Robles. Alternative solutions identified include: 1. Radio repeater transmitter on Cuesta Ridge ➢ FCC license required, if available ➢ New repeater infrastructure required, with related initial and recurring costs 2. New radio frequency(s) licensed for the broader proposed operational area ➢ FCC license required ➢ Frequency availability a potential issue ➢ Radio repeater transmitter on Cuesta Ridge still required 3. Alternative connectivity of existing radio frequencies ➢ Use of existing Atascadero and Paso Robles radio frequencies connected to San Luis Obispo Communications Center by one of the following: o Microwave relay o Fiber-optic cable • Capacity available in existing Nacimiento Pipeline Project; cable managed by San Luis Obispo County Public Works (San Luis Obispo and Paso Robles are current project partners) • AT&T commercial fiber-optic cable • Redundant cable connectivity available • Connectivity solution from communications centers to existing cable locations required • Cost not evaluated at this phase Item 12 Packet Page 221 Executive Summary Report Page 7 Given the alternatives identified, Citygate concludes that multiple solutions are available to provide reliable radio communications between the proposed merged dispatch center in San Luis Obispo and Atascadero and Paso Robles. Finding #2: Multiple solutions are available to provide reliable radio communications between Atascadero and Paso Robles and the proposed merged dispatch center in San Luis Obispo. 6. FIRE AGENCY ISSUES Citygate’s interviews of the three partner agencies’ Fire Chiefs yielded the following comments and concerns relative to a single merged fire/police dispatch center in San Luis Obispo: ◆ 9-1-1 call processing/dispatch performance that meets National Fire Pro tection Association best-practice guidelines ➢ 1:30 minutes or less at 90 percent or better reliability ◆ Dispatch of closest available resource regardless of jurisdiction utilizing automatic vehicle location technology ◆ CAD-to-CAD interface with CAL FIRE San Luis Obispo Unit Emergency Command Center ◆ Integration of Emergency Medical Dispatching into the merged dispatch center ◆ Surge capacity to support major/extended emergency incidents ◆ Unanswered radio communications ◆ Accuracy of CAD time stamps for performance monitoring ◆ Having a voice in Dispatcher training and dispatch center operational issues Finding #3: The partner agencies’ Fire Chiefs have concerns regarding coordination of multiple fire agency dispatching to be considered in any proposed consolidation model. 7. ISSUES SPECIFIC TO CAL POLY As a unique university campus jurisdiction, Cal Poly provides the following services that it desires to maintain in the proposed merged dispatch center model: ◆ Campus-wide, blue-light emergency telephone answering Item 12 Packet Page 222 Executive Summary Report Page 8 ◆ Lockouts ◆ Staff/student escort service ◆ Campus alarm system monitoring ◆ Live Scan fingerprinting Finding #4: Cal Poly provides unique, non-dispatch-related services to the campus to be considered in any proposed consolidation model. 8. WORKLOAD ANALYSIS 8.1 Current Workload Citygate utilized the following available metrics to evaluate current communications center workload: ◆ 9-1-1 call volume as reported by the State of California Emergency Call Tracking System (ECaTS) ◆ Administrative/other telephone call volume as reported by each agency ◆ Fire and police emergency incident volume as reported by each agency Using this criteria, Table 2 summarizes 2019 workload in each of the four existing communications centers. Table 2—2019 Workload Summary Agency 2019 Total Workload Percentage of Total Population Telephone Calls Incidents 9-1-1 Other Total Police1 Fire Total Atascadero 30,330 8,925 49,095 58,020 25,454 3,323 28,777 86,797 20.38% Cal Poly 24,955 2,345 24,738 27,083 19,779 n/a2 19,779 46,862 11.00% Paso Robles 32,212 14,669 80,398 95,067 43,279 4,051 47,330 142,397 33.43% San Luis Obispo 47,446 24,410 87,323 111,733 31,411 6,722 38,133 149,866 35.19% Total 134,943 50,349 241,554 291,903 119,923 14,096 134,019 425,922 100.00% 1 Includes officer-initiated activity 2 Included in Police incident total Item 12 Packet Page 223 Executive Summary Report Page 9 8.2 Projected Near-Term Future Workload Citygate utilized projected population / service area growth data as available from each study partner jurisdiction to estimate near-term future service demand and related communications center workload, as summarized in Table 3.2 Table 3—Projected Near-Term Future Workload Summary Agency Population Telephone Calls Incidents Total Workload Projected Percentage Growth 9-1-1 Other Total Police Fire Total Atascadero 31,000 11,000 53,000 64,000 27,500 3,500 31,000 95,000 9.45% Cal Poly 26,000 3,500 27,000 30,500 21,000 n/a1 21,000 51,500 9.90% Paso Robles 32,500 17,000 83,000 100,000 45,000 4,200 49,200 149,200 4.78% San Luis Obispo 47,500 27,000 90,000 117,000 35,000 6,900 41,900 158,900 6.03% Total 137,000 58,500 253,000 311,500 128,500 14,600 143,100 454,600 5.26% 1 Included in Police incident total 9. MERGED DISPATCH CENTER STAFFING NEEDS ANALYSIS 9.1 Telephone Call Workload by Hour of Day Citygate utilized 2019 ECaTS data through September 30 to analyze telephone call workload by hour of day as shown in Figure 1 through Figure 4. Telephone workload includes incoming 9-1-1 calls as well as incoming and outgoing non-9-1-1 telephone calls. 2 Through December 2022 Item 12 Packet Page 224 Executive Summary Report Page 10 Figure 1—Telephone Workload by Hour of Day – Atascadero Figure 2—Telephone Workload by Hour of Day – Cal Poly 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Calls per Hour PSAP Average Item 12 Packet Page 225 Executive Summary Report Page 11 Figure 3—Telephone Workload by Hour of Day – Paso Robles Item 12 Packet Page 226 Executive Summary Report Page 12 Figure 4—Telephone Workload by Hour of Day – San Luis Obispo Finding #5: By hour of day, telephone call workload is consistent across the four study partner agencies. 9.2 Staffing Needs Analysis Citygate utilized the projected workload data from Table 3 and telephone workload data from Figure 1 through Figure 4 to project merged dispatch center staffing needed as compared to current aggregate study partner communications centers staffing, as shown in Table 4.3 3 Assumes 12-hour staggered work shifts Item 12 Packet Page 227 Executive Summary Report Page 13 Table 4—Projected Staffing Needs Comparison Summary Communications Center Manager Supervisor Dispatcher Total Minimum Shift Staffing Merged Dispatch Center 1 5 21 27 5 Current Aggregate 1 4 321 37 5 Merged Dispatch Center Difference 0 +1 -11 -10 0 1 Includes two part-time/on-call Dispatchers at Cal Poly This analysis also identified non-dispatch-related duties that would need to be reallocated to other personnel in Atascadero, Cal Poly, and Paso Robles. Finding #6: Staffing needed for a merged dispatch center is 10 fewer personnel than currently utilized in the four study partners’ communications centers. Finding #7: Leave-behind, non-dispatch-related duties would require an estimated additional 1.0 to 2.0 full-time equivalent personnel each for Atascadero, Cal Poly, and Paso Robles, effectively using many of the saved positions and reducing merger cost savings. 10. MERGED DISPATCH CENTER SPACE NEEDS ANALYSIS Based on the merged dispatch center staffing identified in Table 4, Citygate evaluated the space and layout of the San Luis Obispo Police Department Communications Center for its ability to adequately accommodate the space and utilization needs of the proposed merged dispatch center staff. This evaluation concluded that the San Luis Obispo Communications Center could adequately accommodate the proposed additional staffing, with modification to provide an additional Supervisors office space, a gender-neutral restroom, and additional staff locker space, as summarized in Table 5. Item 12 Packet Page 228 Executive Summary Report Page 14 Table 5—Merged Dispatch Center Space Needs Assessment Functional Need Number Needed Current Number or Available Space Dispatch Console 6 6 Manager Office 1 1 Supervisor Office 3 2 Restroom – Male 1 1 Restroom – Female 1 1 Restroom – Gender Neutral 1 0 Employee Breakroom 1 1 Employee Locker Space 27 15 Mail / File / Storage 1 1 IT Equipment Room 1 1 Finding #8: The San Luis Obispo Police Department Communications Center would adequately accommodate the additional staffing needed for a merged dispatch center, with some modest interior remodeling to meet additional space utilization needs for all the needed support/supervision spaces. 11. COMPARATIVE COMPENSATION ANALYSIS Table 6, also included in Appendix A in a larger size, summarizes total compensation by agency and position, including the percentage difference from current San Luis Obispo total compensation. Item 12 Packet Page 229 Executive Summary Report Page 15 Table 6—Total Compensation Analysis Summary Finding #9: Total current average communications center compensation in Atascadero, Cal Poly, and Paso Robles ranges from 16 percent to 32 percent less than current average San Luis Obispo compensation by comparable position. 12. MERGED DISPATCH CENTER COST ANALYSIS Table 7 summarizes projected merged dispatch center personnel costs based on San Luis Obispo total compensation by position from Table 6 and merged dispatch center staffing needs from Table 4. Table 7—Projected Merged Dispatch Center Personnel Costs Position Classification Total Annual Compensation Number Needed Total Annual Cost Communications Center Manager1 $187,741 1 $187,741 Communications Supervisor2 $141,470 5 $707,350 Communications Technician2 $118,761 21 $2,493,981 Total 27 $3,389,072 1 Assumes top-step San Luis Obispo total compensation without Unfunded Actuarial Liability (UAL) 2 Assumes average San Luis Obispo total compensation without UAL Item 12 Packet Page 230 Executive Summary Report Page 16 Table 8 summarizes current communications center personnel costs by agency. Table 8—Current Personnel Costs by Agency Agency / Position Total Annual Compensation Number of Personnel Total Annual Cost San Luis Obispo $1,751,222 Communications Center Manager $161,911 1 $161,911 Communications Supervisor1 $141,470 2 $282,940 Communications Technician1 $118,761 11 $1,306,371 Atascadero2 $643,852 Support Services Lead Technician $96,694 1 $96,694 Support Services Technician $91,193 6 $547,158 Cal Poly2 $648,120 Communications and Records Coordinator $129,124 1 $129,124 Dispatcher II $111,647 2 $223,294 Dispatcher I $98,567 2 $197,134 Dispatcher I (part-time)3 $49,284 2 $98,568 Paso Robles2 $859,420 Dispatch Supervisor $118,564 1 $118,564 Dispatcher $92,607 8 $740,856 Aggregate Total Cost $3,902,614 1 Average of actual cost for position classification 2 Assumes average total annual compensation 3 Assumes 0.5 FTE Item 12 Packet Page 231 Executive Summary Report Page 17 Table 9 summarizes current versus projected merged dispatch center personnel costs by agency. Table 9—Current Versus Merged Dispatch Center Personnel Costs by Agency Agency Current Personnel Costs Cost Share Percentage1 Projected Merged Dispatch Center Personnel Costs Difference San Luis Obispo $1,751,222 35.19% $1,192,614 ($558,608) Atascadero $643,852 20.38% $690,693 $46,841 Cal Poly $648,120 11.00% $372,798 ($275,322) Paso Robles $859,420 33.43% $1,132,967 $273,547 Total $3,902,614 100.00% $3,389,072 ($513,542) 1 Based on 2019 total workload percentage Finding #10: Projected merged dispatch center personnel costs compared to current personnel costs by agency range from $558,000 less for San Luis Obispo to $273,000 more for Paso Robles. Table 10 summarizes total estimated merged dispatch center costs by agency based on total 2019 workload percentage. Table 10—Estimated Total Merged Dispatch Center Costs by Agency Agency 2019 Total Workload Percentage of Total Prorated Merged Dispatch Center Costs1 Current Personnel Costs Estimated Change from Current Costs Percentage Change from Current Cost Personnel O & M2 Total San Luis Obispo 149,866 35.19% $1,192,614 $62,500 $1,255,114 $1,751,222 ($496,108) -28.33% Atascadero 86,797 20.38% $690,693 $62,500 $753,193 $643,852 $109,341 16.98% Cal Poly 46,862 11.00% $372,798 $62,500 $435,298 $648,120 ($212,822) -32.84% Paso Robles 142,397 33.43% $1,132,967 $62,500 $1,195,467 $859,420 $336,047 39.10% Total 425,922 100.00% $3,389,072 $250,000 $3,639,072 $3,902,614 ($263,542) -6.75% 1 Based on 2019 workload percentage 2 Estimated As Table 10 shows, total merged dispatch center costs over current personnel costs by agency range from $496,000 less for San Luis Obispo to $336,000 more for Paso Robles, with a net aggregate savings over current personnel costs of $263,500. Item 12 Packet Page 232 Executive Summary Report Page 18 Finding #11: Total merged dispatch center costs range from $496,000 less than current personnel costs for San Luis Obispo to $336,000 more than current personnel costs for Paso Robles, with a net aggregate savings over current personnel costs of $263,500. Item 12 Packet Page 233 Appendix A Page 19 APPENDIX A Table 6—Total Compensation Analysis Summary Agency / Position Annual Salary Annual Benefits (Without UAL) Total Annual Compensation (Without UAL) Percent Difference from SLO (Without UAL) Low High Average Low High Average Low High Average Low High Average San Luis Obispo Dispatcher $64,104 $97,988 $81,046 $14,207 $28,109 $21,158 $94,868 $142,653 $118,761 n/a n/a n/a Supervisor $79,924 $112,093 $96,009 $18,255 $33,222 $25,738 $117,902 $165,038 $141,470 n/a n/a n/a Manager $92,591 $128,500 $110,546 $20,916 $36,668 $28,792 $136,081 $187,741 $161,911 n/a n/a n/a Atascadero Support Services Technician $53,925 $78,546 $66,236 $15,299 $34,616 $24,957 $69,225 $113,161 $91,193 -27.03% -20.67% -23.21% Support Services Lead Technician $57,855 $84,168 $71,011 $15,824 $35,540 $25,682 $73,679 $119,708 $96,694 -37.51% -27.47% -31.65% Cal Poly Dispatcher I $54,410 $61,574 $57,992 $35,693 $45,457 $40,575 $90,103 $107,031 $98,567 -5.02% -24.97% -17.00% Dispatcher II $66,096 $69,701 $67,898 $39,437 $48,059 $43,748 $105,533 $117,760 $111,647 -10.49% -28.65% -21.08% Communications/Records Coordinator $80,114 $82,157 $81,136 $43,929 $52,048 $47,988 $124,043 $134,205 $129,124 -8.85% -28.52% -20.25% Paso Robles Dispatcher $57,040 $76,662 $66,851 $17,338 $34,174 $25,756 $74,378 $110,835 $92,607 -21.60% -22.30% -22.02% Dispatch Supervisor $74,364 $99,295 $86,830 $21,964 $41,504 $31,734 $96,328 $140,799 $118,564 -18.30% -14.69% -16.19% Item 12 Packet Page 234 City of San Luis Obispo, Police Department, 1042 Walnut Street, San Luis Obispo, CA, 93401-2729, 805.781.7317, slocity.org November 16, 2020 Presiding Judge Jacquelyn H. Duffy Superior Court of California 1035 Palm Street. Room 355 San Luis Obispo, CA 93408-1000 RE: 2020 San Luis Obispo County Grand Jury Reports Dear Judge Duffy, We are in receipt of the 2020 San Luis Obispo County Grand Jury reported titled “Joint Agency Dispatch – Better Together?”” and have prepared the following response to the recommendation. Response to Recommendation R1: The Cities of Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo, should each request a proposal from the San Luis Obispo County Sheriff and Cal Fire to provide contract dispatch services and present it as an option in future budgets. Opposition to Recommendation R1: The City of San Luis Obispo recently conducted an extensive analysis of our Communications operations, and the cost/benefit of a regionalized approach. Citygate Associates was selected to conduct the study between the cities of San Luis Obispo, Paso Robles, Atascadero and Cal Poly University, and the study was completed in May 2020. As noted in the Grand Jury Report, a consolidated dispatch center was not fiscally advantageous to other cities in the study. As part of that project, City staff also approached the San Luis Obispo County Sheriff and Cal Fire to discuss contracting for Police and Fire dispatching services. The City of San Luis Obispo Fire Department (SLOFD) received a cost estimate from CAL FIRE SLU/SLO County Fire Department in 2018 to provide Fire dispatching services. SLOFD learned at that meeting all of the “mobile data equipment” and supporting hardware would need to be replaced and required to move to the State platform at an unspecified cost and a lack of control by connecting to a Statewide system. Future increases in costs associated with hardware and dispatch services would be at the discretion of the SLU Fire Chief with no board oversight or option for specific services such as quickest route or pulse point. After reviewing the costs cited in the Grand Jury report, several local fire Chiefs under contract with CAL FIRE SLU Emergency Command Center reported that their costs exceeded the reported figures in the Grand Jury report, as other associated costs such as required computer hardware and software upgrades were not included. Five Cities Fire Authority stated their most recent invoice was in excess of $155k. Item 12 Packet Page 235 In discussions with the Sheriff’s Office, there were two major considerations that presented challenges in a consolidated approach. The first was the high volume of calls that are generated in the City of San Luis Obispo. The monetary savings that are achieved by some of the smaller dispatch centers in the County would not scale the same way when applied to the San Luis Obispo call volume and the personnel that the Sheriff would need to hire in order to absorb the call load. In addition, the San Luis Obispo City Emergency Communications Center (ECC) currently has 3-4 personnel on-duty during peak times. This is far in excess to the small centers and is not subject to the same risk of a large event overwhelming the entire communications center. Another major consideration identified was the ongoing costs to support an independent functioning dispatch centers in the County to act as a backup in the case of a catastrophe. Currently the City of San Luis Obispo ECC is the backup for the Sheriff’s Communications Center and MEDCOM, and vice versa. The ECC is also the back-up for CAL FIRE SLU and vice versa fire/rescue emergencies. Should the City of San Luis Obispo want to contract Police and Fire dispatch services to other agencies, the cost of maintaining the current communications center in a state of readiness for the County would need to be funded. Any potential cost savings that could be gained by regionalizing would be offset by the ongoing IT and readiness costs of the ECC. Finally, there are outstanding questions and details about operational decisions when contracting out services. The City of San Luis Obispo provides a very high level of service to the community in Police and Fire dispatching services. There are many non-monetary factors that need to be considered when making decisions that could affect the handling of both emergency and non-emergency calls. For the reasons detailed above, the City of San Luis Obispo will maintain the existing ECC and staffing in order to continue to provide superior Police and Fire dispatching services to our City, and to provide a robust backup Communications Center for the County. Sincerely, Jeff Smith Chief of Police Item 12 Packet Page 236 1 California Penal Code Sections 933 through 933.05 Section 933 – Final Reports (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors, when applicable, upon finding of the presiding judge that the report is incompliance with this title. For 45 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. (b) One copy of each final report, together with the responses thereto, found to be in compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk. The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. (d) As used in this section "agency" includes a department. 933.05. Findings and Recommendations (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. Item 12 Packet Page 237 2 (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. Item 12 Packet Page 238 Department Name: Community Development Cost Center: 4003 For Agenda of: December 8, 2020 Placement: Consent Item Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Steve LaChaine, Senior Civil Engineer SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 2943 PHASE 2, EARTHWOOD LANE (FMAP 0208-2020) RECOMMENDATION Adopt a Resolution (Attachment A) approving the Final Map for Tract 2943, Phase 2 (2943-2), Earthwood Lane, and authorizing the Mayor to execute a Subdivision Agreement. DISCUSSION Background/Previous Council Action Tract 2943 (TR/ER 74-07) is located at 151 Suburban Road (Attachment B, Vicinity Map). A vesting tentative map for Tract 2943 was approved by the City Council on December 2, 2008, by Resolution No. 10046 (2008 Series) (Attachment C - Reading File). The tentative map (Attachment D - Reading File) consisted of 23 commercial lots to be accessed independently and the resulting parcels to have separate street frontage and access from Suburban Road and Earthwood Lane. Tentative Map Consistency 1. No lots, units or building sites are added or deleted; and 2. The proposed changes are consistent with the intent and spirit of the original tentative map approval; and 3. The proposed changes are consistent with the zoning regulations and the building code, the General Plan, and the Subdivision Map Act. The previously recorded Phase 1 map for Tract 2943 created one less lot than was shown on the tentative map. Phase 2 of Tract 2943 is adding one lot so that the total of 23 lots for both phases combined will be consistent with the tentative map. Final Map Specifics The “first phase” of Tract 2943 created 7 lots (Lots 1 to 7) and one remainder lot for future Tract 2943 Phase 2 subdivision. All of the required offers of dedication for public road purposes have already been accepted by the City. The remaining PUE and Street Tree easements along with the remaining private easements are being created with this map to accommodate build-out of the subdivision. Item 13 Packet Page 239 Earthwood Lane within Tract 2943-2 will connect to the extension of Earthwood Lane within the first phase of the Avila Ranch subdivision (Tract 3089-1). Coordination between the respective maps and their associated public improvement plans has been verified. The final map for Tract 3089-1 to the south was previously approved by City Council. The subdivider will be offering easements for street trees, public utilities, and sewer, as well as a private storm drain easement in favor of Phase 1 and Phase 2 lots. Affordable Housing Affordable housing requirements are not applicable to this commercial raw land subdivision. Approving the Final Map The tentative map has an initial two-year life per Municipal Code Section 16.10.150. There have been two City-granted extensions of two years each, and three state government extensions, establishing a vesting tentative map life with an expiration date of December 2, 2021. The map must record prior to expiration of the tentative map. Due to Covid-19 extensions, 18 more months of State-granted time extension is allowed, if requested by the subdivider prior to tentative map expiration. The final map for Tract 2943 Phase 2 (Attachment E) is ready to be approved. There are a few minor revisions still required for technical accuracy and condition compliance, but those changes will be completed before the map records. Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has determined that the final map is in substantial compliance with the tentative map and approved modifications thereof. California Government Code Section 66474.1 states that “a Legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.” The approval of a final map is considered a ministerial action. Appropriate securities will be submitted prior to map recordation to guarantee completion of the required subdivision improvements as shown in the Subdivision Agreement (Attachment F). The resolution approving the final map (Attachment A) also authorizes the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements. Policy Context The proposed action approving the final map is consistent with the policies set forth in the previously referenced Municipal Code and California Government Code sections. Public Engagement Public notification for the tentative map (TR 74-07) occurred with the Planning Commission hearing on October 22, 2008. Approval of the final map is considered a ministerial action, so a public hearing to approve the final map is not required. Item 13 Packet Page 240 CONCURRENCES The Director of Public Works, Utilities Department, and the Fire Department concur with the recommended action. ENVIRONMENTAL REVIEW Public notification for the environmental document (ER 74-07) occurred with the Planning Commission hearing on October 22, 2008. Approval of the final map is considered a ministerial action, so a public hearing to approve the final map is not required. Approval of the final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no further environmental review is required. 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 N/A* State Federal Fees Other: Total *There is no new fiscal impact to the City associated with approving the final map for Tract 2943-2. The public improvements that will be constructed with this phase will result in an increase in maintenance costs for the public streets, public water and sewer, and other infrastructure upon acceptance of the improvements by the City. These costs will be shown in future Financial Plans as the facilities are accepted and begin to require standard maintenance. Item 13 Packet Page 241 ALTERNATIVE Deny approval of the final map. City Council may deny approval of the final map if findings are made that the requirements or conditions of the tentative map have not been met or performed (Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in substantial compliance with the previously approved tentative map (Section 66474.1 of the Subdivision Map Act). Because the final map is in substantial compliance with the tentative map and all of the conditions of the map will be met or securities deposited prior to map recordation, Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the map. Therefore, denying approval of the final map is not a recommended alternative unless the required findings are made. Attachments: a - Draft Resolution b - Vicinity Map TR 2943-Phase 2 c - COUNCIL READING FILE - Resolution No. 10046 (2008 Series) d - Tentative Map e - COUNCIL READING FILE - Tract 2943 Phase 2 Final Map f - Subdivision Agreement for TR 2943 Phase 2 g - COUNCIL READING FILE - Tentative Map Grading Plan h - COUNCIL READING FILE - Phase 1 Map Item 13 Packet Page 242 R _____ RESOLUTION NO. ______ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT NO. 2943 PHASE 2 (151 SUBURBAN ROAD, TR 74-07) WHEREAS, the City Council made certain findings concerning the tentative map for Tract 2943, as prescribed in Resolution No. 10046 (2008 Series); and WHEREAS, all the requirements and conditions of said Resolution No. 10046 (2008 Series) that are applicable to Phase 2 are completed or appropriate securities will be in place prior to map recordation to guarantee their completion; and WHEREAS, the subdivider has completed all required subdivision improvements applicable to Phase 2 or will submit appropriate securities to guarantee installation of the required subdivision improvements as shown on the approved plans prior to map recordation, and all fees have been received or will be received prior to map recordation, as prescribed in the Subdivision Agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The final map for Tract 2943 Phase 2 is found to be in substantial compliance with the tentative map. SECTION 2. The Subdivision Agreement for Tract 2943 Phase 2 is hereby approved. SECTION 3. Approval of the final map for Tract 2943 Phase 2 is hereby granted. Item 13 Packet Page 243 Resolution No. (2020 Series) Page 2 R _____ SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 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 Item 13 Packet Page 244 Date: 7/16/2020 b - Vicinity Map – Tract 2943 Phase 2 VICINITY MAP NOT TO SCALE Item 13 Packet Page 245 Item 13 Packet Page 246 1 SUBDIVISION AGREEMENT – TRACT 2943 PHASE 2 THIS AGREEMENT is dated this ______ day of ___________2020 by and between Stephen Dorsi, as trustee of the Roland S. Ball Revocable Trust, u/t/d November 20,1995, and Sterling Conley Ball, as trustee of the Roland S Ball Grandchildren’s Trust, u/t/d December 25, 1995, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Tract Map No. 2943, City of San Luis Obispo, California, as approved by the City Council on the ____ day of ___________, 2020. The Subdivider desires that said Tract Map No. 2943, Phase 2 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the improvement plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING Item 13 Packet Page 247 2 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. LANDSCAPING 5. DRAINAGE STRUCTURES 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project approvals. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. Item 13 Packet Page 248 3 No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all subdivision improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and/or City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $450,000 which is the amount of the estimated cost of said improvements that remain to be completed from the original $450,000 of required improvements. Per Sec. 66499.7(d) of the Government Code of the State of California, a reduction in the performance security, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. Item 13 Packet Page 249 4 Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will retain a security in the amount of $45,000 which is 10% of the total estimated cost of subdivision improvements. That amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. “AS-BUILT” record drawings are to be submitted within four weeks of completion of construction and prior to City acceptance of the public improvements. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider has deposited with the City a labor and materials surety in the Item 13 Packet Page 250 5 amount of 50% of the above described subdivision improvements ($225.000) in accordance with State law. Said Subdivider shall pay an inspection fee for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in accordance with the plans and specifications. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. Item 13 Packet Page 251 6 IN WITNESS WHEREOF, this agreement has been executed by: SUBDIVIDER Stephen Dorsi, as trustee of the Date Roland S. Ball Revocable Trust, u/t/d November 20,1995 Sterling Conley Ball, as trustee of the Date Roland S Ball Grandchildren’s Trust, u/t/d December 25, 1995 CITY OF SAN LUIS OBISPO _____________ Heidi Harmon, Mayor Date ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: _____________ Christine Dietrick, City Attorney Date Item 13 Packet Page 252 7 EXHIBIT 1 TRACT 2943 Phase 2 SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $2,500 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating that they have completed the work and have been paid. 2. Park-in-lieu fees are not applicable for these Commercial lots, as noted in the attached EXHIBIT 2. 3. Public improvement inspection fees shall be paid at time of encroachment permit issuance. 4. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 5. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 6. The subdivider shall comply with all requirements of the Council Resolution approving the tentative map. Item 13 Packet Page 253 8 EXHIBIT 2 TRACT 2943 Phase 2 - FEE AND BOND LIST (FMAP-0208-2020) Amount Form Date Received Bond Release Status Bonds and Guarantees: Total Faithful Performance $450,000 xxx xxx Can be released upon City acceptance of improvements and deposit of one-year warranty surety. Labor & Materials (50% of total cost of improvements $225,000 xxx xxx Can be released 90 days after acceptance of improvements, if no claims. (Civil Code Section 8412) Monument Guarantee $2,500 xxx xxx Can be released upon verification that monuments have been set and surveyor has been paid. 10% Warranty $45,000 Do not make bond for this 10%. It is a future hold from 10% of the faithful performance bond xxx xxx Can be released one-year after acceptance of improvements, if no defects. Fees: Map Check Fee $17,812.62 Check 5/14/20 Paid Improvement Plan Check Fee $17,102.59 Check xxx To be paid before map recordation or before encroachment permit issuance. Construction Inspection Fee $33,557.83 Check xxx To be paid before map recordation or before encroachment permit issuance. To be paid with encroachment permit: Park In-Lieu Fee1 N/A N/A Affordable Housing Requirements To be collected with building permit N/A for commercial properties, no residences Water Impact Fee1 To be collected with building permit Wastewater Impact Fee1 To be collected with building permit Transportation Impact Fee1 To be collected with building permit 1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units. Item 13 Packet Page 254 Department Name: Human Resources Cost Center: 2007 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Mayor Heidi Harmon Prepared By: Monica Irons, Director of Human Resources SUBJECT: APPOINTED OFFICIALS’ COMPENSATION RECOMMENDATION 1. Adopt a Resolution (Attachment A) approving amendment to the City Manager’s employment contract; and 2. Adopt a Resolution (Attachment B) approving amendment to the City Attorney’s employment contract; and 3. Authorize the Mayor to execute amended contracts of employment with the City Manager and City Attorney adjusting their respective salaries and deferred compensation contributions and providing flexibility to cash out of accrued vacation. Background In 1999 Council implemented a structured annual evaluation to formally review the performance of its two appointed officials, the City Manager and City Attorney. The process is facilitated by a consultant who collects Council input on appointed officials’ performance and their progress achieving Council adopted goals, typically in April of each year. This process also includes review and consideration of appointed official compensation. Council met with the consultant in closed session on May 19, 2020 to discuss the appointed officials’ performance. The session was delayed slightly due to the COVID19 pandemic. While Council concluded that the appointed officials had met or exceeded performance expectations in all categories, accomplished the 2019-20 goals provided by Council, and were eligible for a compensation adjustment; Council and the appointed officials mutually agreed that any adjustment be delayed given the economic uncertainty presented by the pandemic. Council again met with the consultant in closed session on November 10, 2020 t o provide additional performance feedback given the unprecedented challenges presented by the pandemic. Council further evaluated appointed officials’ compensation, carefully weighing the leadership demonstrated by the appointed officials throughout the pandemic, the desire to retain both appointed officials, the leadership and skills necessary to navigate complex issues facing the City, comparative market data indicating both appointed officials were paid below the median of the market, the cost of replacing either or both of the appointed officials, and the fiscal sustainability of the City. Item 14 Packet Page 255 Ultimately, Council agreed to provide a five percent salary increase for each appointed official. The adjustment to salary brings the City Manager’s effective salary (normalized for employee and employer contribution to CalPERS) to the median of the comparison agency market. The same adjustment to the City Attorney’s compensation brings her effective salary to 4.5% below the median of the comparison agency market. Council also authorized an increase in the City’s contribution to the appointed officials’ deferred compensation from 2.5% to 5% of salary, bringing both appointed officials’ total compensation (salary and benefits) to the median of the market. Slight modification to the vacation cash out language in both the City Manager and City Attorney contracts provides flexibility to exchange up to three weeks of accrued vacation for cash compensation annually. Policy Context The appointed officials’ evaluations were conducted in accordance with the Appointed Officials Evaluations Guide. The recommendations in this report are consistent with the Council adopted Compensation Philosophy. Public Engagement Compensation for appointed officials in comparison agencies was considered by Council. No other public engagement was conducted as appointed officials are appointed and serve at the will of the Council. CONCURRENCE No other departments were asked to review this report as the appointed officials’ evaluations and compensation are the authority of the Council. 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, the appropriated budget includes a contingency fund for negotiated increases. Item 14 Packet Page 256 Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $25,100 $36,272 State Federal Fees Other: Total $25,100 $36,272 Providing increases to the City Manager and City Attorney the first full pay period in December will result in approximately $25,100 funding needed through the end of the fiscal year, and $36,272 annually ongoing. There is sufficient funding in 2020-21 budget appropriations to cover these increases. ALTERNATIVES Renegotiate adjustments to the City Manager and City Attorney compensation based on new or different information. This alternative is not recommended because this process represents a good faith negotiation between the employees and the Council. Attachments: a - Draft Resolution - 2020 City Manager Contract (Red-lined) b - Draft Resolution - City Attorney Contract (Red-lined) Item 14 Packet Page 257 R ______ RESOLUTION NO. _____ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING A CONTRACT OF EMPLOYMENT FOR THE CITY MANAGER WHEREAS, on September 29, 2017 the City Council approved a contract of employment appointing Derek Johnson to the position of City Manager; and WHEREAS, the City Council conducted performance evaluations of this appointed official on May 19, 2020 and November 10, 2020, in accordance with the Appointed Officials’ Performance Process as modified in December of 2011. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby approves the amended contract of employment attached hereto as Exhibit A. Item 14 Packet Page 258 Resolution No. _____ (2020 Series) Page 2 R ______ SECTION 2. The City Council shall evaluate the performance of the City Manager annually. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ 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 Item 14 Packet Page 259 Resolution No. _____ (2020 Series) Page 3 R ______ Exhibit A AMENDED CONTRACT OF EMPLOYMENT WITH DEREK J. JOHNSON, CITY MANAGER THIS CONTRACT is entered into as of this December 8, 2020 by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "CITY"), and DEREK J. JOHNSON, a contract employee (hereinafter referred to as "DEREK J. JOHNSON"); WITNESSETH: WHEREAS, Charter Section 703 provides that the SAN LUIS OBISPO CITY COUNCIL (hereinafter referred to as "COUNCIL") is responsible for the appointment and removal of the CITY MANAGER, and WHEREAS, the COUNCIL, on behalf of the CITY acknowledges and accepts the responsibility for supervision of the CITY MANAGER; and WHEREAS, the COUNCIL wishes to appoint a CITY MANAGER and to set the terms and conditions of said employment; and WHEREAS, DEREK J. JOHNSON desires to accept the position of CITY MANAGER consistent with certain terms and conditions of said employment, as set forth in this CONTRACT. NOW, THEREFORE, the parties do mutually agree as follows: Section 1. Effective Date. A. The appointment of DEREK J. JOHNSON is effective September 29, 2017 B. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the COUNCIL to terminate the services of DEREK J. JOHNSON at any time, subject only to San Luis Obispo CITY Charter Section 709 and the provisions set forth in Section 12 of this Contract. C. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of DEREK J. JOHNSON to resign at any time from his position with the CITY, subject only to the provision set forth in Section 13 of this Contract. Section 2. Duties and Salary. A. CITY agrees to employ DEREK J. JOHNSON as full-time City Manager of the City to perform the functions and duties specified in the Charter and Municipal Code and to perform such other legally permissible and proper duties and functions as the COUNCIL may from time to time assign. Item 14 Packet Page 260 Resolution No. _____ (2020 Series) Page 4 R ______ B. It is recognized DEREK J. JOHNSON is an exempt employee but is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager's position. The parties acknowledge DEREK J. JOHNSON will not regularly participate in a formal 9-80 work schedule as is provided to department heads and certain other City employees as part of the City's Trip Reduction Incentive Program. However, DEREK J. JOHNSON is authorized, with appropriate notification to Council, to from time to time modify his regular work schedule in order to take time off with pay while ensuring appropriate coverage of his duties as City Manager. Leave pursuant to this provision shall not be used in lieu of vacation or administrative leave. C. COUNCIL agrees to pay DEREK J. JOHNSON, for his services rendered pursuant hereto, a starting annual base salary of $218,374 $238,550 effective the second first full pay period in April 2019 December 2020 payable in installments at the same time as the other management employees of the CITY are paid. In addition, COUNCIL agrees to increase said base salary by the cost-of-living adjustment approved by the COUNCIL for all CITY management employees under any successor Management Compensation Resolutions. Section 3. Benefits. A. In addition to the salary set forth in Section 2 of this CONTRACT, DEREK J. JOHNSON shall be entitled to a car allowance of $450 per month, a City contribution decreasing to 2.5% of salary effective in August 2018 of 5.0% of salary to a 401 (a) supplemental retirement plan, the ability to cash out up to three weeks' vacation at the end of each fiscal year once during the calendar year, or upon reaching the vacation accrual cap during the year upon the request of DEREK J. JOHNSON, and the same benefits as those offered by the CITY to the CITY MANAGER, in accordance with the Resolution 10922 (2018 Series), Resolution 8661 (1997 series) and any successors. A one-time cash out of 107 hours of accrued vacation effective the first full pay period of April 2019 in recognition of JOHNSON'S commitment and leadership and limited ability to use vacation during 2018- 19. Section 4. Performance Evaluation. A. Upon appointment to the position of City Manager DEREK J. JOHNSON will assume the goals established by Council for the former City Manager until such time as DEREK J. JOHNSON and Council mutually agree on new goals. On or before January 31, 2018, Council will provide feedback to DEREK J. JOHNSON on performance to goals and expectations. Further, Council shall conduct an "interim" evaluation by March 30, 2018. An annual formal Council evaluation will be conducted in March of 2019 in accordance with the City's Appointed Official Evaluation Process. Consistent with the schedule outlined above, based on the Appointed Officials Evaluation Process, and subject to performance as assessed by the COUNCIL, the CITY MANAGER compensation shall be reviewed by COUNCIL no later than April 2019. Item 14 Packet Page 261 Resolution No. _____ (2020 Series) Page 5 R ______ B. Each calendar year thereafter, COUNCIL shall review and evaluate the performance and compensation of DEREK J. JOHNSON in accordance with the adopted Appointed Officials Evaluation Process, best management practices, and informed by comparison agency data. Section 5. Outside Activities. Conduct and Behavior. A. DEREK J. JOHNSON shall not engage in teaching, consulting or other non-CITY connected business without the prior approval of COUNCIL. B. DEREK J. JOHNSON shall comply with all local and state requirements regarding conflicts-of-interest. Section 6. Dues and Subscriptions. COUNCIL agrees to budget for and to pay for professional dues and subscriptions of DEREK J. JOHNSON necessary for his continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the CITY. Section 7. Professional Development. A. COUNCIL hereby agrees to budget for and to pay for travel and subsistence expenses of DEREK J. JOHNSON for professional and official travel, meetings, and occasions adequate to continue the professional development of DEREK J. JOHNSON and to adequately pursue necessary official functions for the CITY, including but not limited to the League of California Cities meetings and conferences, International City/County Managers' Association and such other national, regional, state, and local governmental organizations, groups and/or committees. B. COUNCIL also agrees to budget for and to pay for travel and subsistence expenses of DEREK J. JOHNSON for short courses, institutes, and seminars that are necessary for his professional development and for the good of the CITY. C. Other professional development may be agreed upon from time to time between the COUNCIL and DEREK J. JOHNSON. Section 8. General Expenses. COUNCIL recognizes that certain expenses of a non-personal and job- affiliated nature are incurred by the CITY MANAGER, and hereby agrees to authorize the Finance Director to reimburse or to pay said general and reasonable expenses, consistent with CITY policies, upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Item 14 Packet Page 262 Resolution No. _____ (2020 Series) Page 6 R ______ Section 9. Indemnification. In addition to that required under state and local law, CITY shall defend, save harmless, and indemnify DEREK J. JOHNSON against any claims, demands, causes of actions, losses, damages, expenses (including but not limited to attorney's fees as may be authorized against public entities or officers consistent with state law) or liability of any kind whether stated in or arising from tort, professional liability or any other legal action or equitable theory, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of DEREK J. JOHNSON's duties as CITY MANAGER to the fullest extent permitted by law. CITY may compromise and settle any such claim or suit and shall pay the amount of any settlement or judgment rendered thereon. Section 10. Other Terms and Conditions of Employment. The COUNCIL, in consultation with DEREK J. JOHNSON, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of DEREK J. JOHNSON, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this CONTRACT, the CITY Charter or any other law. Section 11. No Reduction of Pay and/or Benefits. COUNCIL shall not at any time during the term of this CONTRACT, reduce the salary, compensation or other financial benefits of DEREK J. JOHNSON, except to the degree of such a reduction across-the-board for all employees of the CITY or DEREK J. JOHNSON provides written consent to the reduction. Section 12. Termination and Severance Pay. A. In the event DEREK J. JOHNSON'S employment is terminated by the COUNCIL without cause, or he resigns at the request of a majority of the COUNCIL during such time that he is otherwise willing and able to perform the duties of CITY MANAGER, and if DEREK J. JOHNSON signs, delivers to the City Council, and does not revoke, the General Release Agreement in the form attached hereto as Exhibit A, the COUNCIL agrees to pay him a lump sum cash payment equal to six (6) months compensation. For the purposes of this clause "compensation" shall include base salary, car allowance, City contribution to deferred compensation, and City contribution to health insurance at time of separation as well as cash out of accrued Administrative Leave and cash out of a portion of accrued sick leave as if CITY MANAGER was retiring as provided in the Management Compensation Resolution 10785 (2017 Series) and any successors. B. In the event that DEREK J. JOHNSON is terminated for "good cause" the COUNCIL shall have no obligation to pay the lump sum severance payment mentioned above. For the purpose of this CONTRACT, "good cause" shall mean any of the following: 1) Malfeasance, dishonesty for personal gain, willful violation of law, corrupt misconduct, or conviction of any felony. Item 14 Packet Page 263 Resolution No. _____ (2020 Series) Page 7 R ______ 2) Conviction of a misdemeanor arising directly out of DEREK J JOHNSON'S duties pursuant to this Agreement. 3) Willful abandonment of duties outlined in this Agreement. "Good cause" shall not mean a mere loss of support or confidence by a majority of the COUNCIL. C. Any termination of employment shall be done consistent with limitations established in the City Charter Section 709. Additionally, the CITY shall provide a minimum of 30 days prior written notice to DEREK J. JOHNSON of the intent to terminate this Agreement. D. In the event the CITY terminates the CITY MANAGER for any reason or no reason, the CITY and the CITY MANAGER agree that no member of the COUNCIL, the City Management staff, nor the CITY MANAGER, shall make any written, oral or electronic statement to any member of the public, the press, or any city employee concerning the CITY MANAGER'S termination except in the form of a joint press release or statement, the content of which is mutually agreeable to the City and the CITY MANAGER. The joint press release or statement shall not contain any text or information that is disparaging to either party. Either party may verbally repeat the substance of the joint press release or statement in response to an inquiry. Nothing herein shall be construed to prevent the City from referring to or responding to inquiries about third party or outside agency investigations or actions pertaining to the official performance of the CITY MANAGER. Section 1 3. Resignation. In the event DEREK J. JOHNSON voluntarily resigns his position with the CITY, he shall give the COUNCIL at least 45 days advance written notice. Section 14. General Provisions. A. The text herein shall constitute the entire CONTRACT between the parties. B. This CONTRACT shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. C. It is the intent of the COUNCIL that this CONTRACT and the appointment of DEREK J. JOHNSON as CITY MANAGER are in accordance with the requirements and provisions of the Charter. Wherever possible, the provisions of this CONTRACT shall be construed in a manner consistent with the Charter. If any provision of this CONTRACT conflicts with the Charter, the Charter shall control. D. If any provision, or any portion thereof, contained in this CONTRACT is held unconstitutional, invalid or unenforceable, the remainder of this CONTRACT, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Item 14 Packet Page 264 Resolution No. _____ (2020 Series) Page 8 R ______ IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Contract on the day and year first set forth above. _____________________________ ________________________ DEREK JOHNSON DATE CITY MANAGER ____________________________ _______________________ HEIDI HARMON DATE MAYOR ATTEST: ____________________________ _______________________ TERESA PURRINGTON DATE CITY CLERK APPROVED AS TO FORM: ____________________________ ______________________ J. CHRISTINE DIETRICK DATE CITY ATTORNEY Item 14 Packet Page 265 R ______ RESOLUTION NO. _____ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING A CONTRACT OF EMPLOYMENT FOR THE CITY ATTORNEY WHEREAS, on January 2, 2010 the City Council approved a contract of employment appointing Christine Dietrick to the position of City Attorney; and WHEREAS, the City Council conducted performance evaluations of this appointed official on May 19, 2020 and November 10, 2020, in accordance with the Appointed Officials’ Performance Process as modified in December of 2011. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby approves the amended contract of employment attached hereto as Exhibit A. Item 14 Packet Page 266 Resolution No. _____ (2020 Series) Page 2 R ______ SECTION 2. The City Council shall evaluate the performance of the City Attorney annually. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ____ day of ______________ 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ Mark Amberg Contract Assistant City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ___________________________. ____________________________________ Teresa Purrington City Clerk Item 14 Packet Page 267 Resolution No. _____ (2020 Series) Page 3 R ______ Exhibit A AMENDED CONTRACT OF EMPLOYMENT WITH J. CHRISTINE DIETRICK CITY ATTORNEY THIS CONTRACT is amended this 8th day of December 2020 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city (hereinafter referred to as "CITY"), and J. CHRISTINE DIETRICK, a contract employee (hereinafter referred to as "CHRISTINE DIETRICK"); WITNESSETH: WHEREAS, Charter Section 701 provides that the SAN LUIS OBISPO CITY COUNCIL (hereinafter referred to as "COUNCIL") is responsible for the appointment and removal of the CITY ATTORNEY, and WHEREAS, the COUNCIL, on behalf of the CITY acknowledges and accepts the responsibility for supervision of the CITY ATTORNEY; and WHEREAS, the COUNCIL is desirous of appointing a CITY ATTORNEY and wishes to set the terms and conditions of said employment; and WHEREAS, CHRISTINE DIETRICK desires to continue in her position of CITY ATTORNEY consistent with certain terms and conditions of said employment, as set forth in this CONTRACT. NOW, THEREFORE, the parties do mutually agree as follows: Section 1. Effective Date. A. The appointment of CHRISTINE DIETRICK is effective January 1, 2010. B. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the COUNCIL to terminate the services of CHRISTINE DIETRICK at any time, subject only to San Luis Obispo CITY Charter Section 709 and the provisions set forth in Section 12 of this Contract. C. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of CHRISTINE DIETRICK to resign at any time from her position with the CITY, subject only to the provision set forth in Section 13 of this Contract. Section 2. Duties and Salary. A. CITY agrees to employ CHRISTINE DIETRICK as full-time CITY ATTORNEY of the City to perform the functions and duties specified in the Charter and Municipal Code and to perform such other legally permissible and proper duties and functions as the COUNCIL may from time to time assign. Item 14 Packet Page 268 Resolution No. _____ (2020 Series) Page 4 R ______ B. COUNCIL agrees to pay CHRISTINE DIETRICK, for her services rendered pursuant hereto, an annual base salary of $206,622 $225,706 payable in installments at the same time as the other management employees of the CITY are paid. In addition, COUNCIL agrees to increase said base salary by the cost- of-living adjustment approved by the COUNCIL for all CITY management employees under any successor Management Compensation Resolutions. Section 3. Benefits. In addition to the salary set forth in Section 2 of this CONTRACT, CHRISTINE DIETRICK shall be entitled to a car allowance of $250 per month, a City contribution of 3.5% 5.0% of salary to a 401(a) supplemental retirement plan, decreasing to 2.5% of salary effective in August 2018, the ability to cash out up to three weeks' vacation at the end of each fiscal year or upon reaching the vacation accrual cap once during the calendar year, upon CHRISTINE DIETRICK'S request, and the same benefits as those offered by the CITY to the CITY ATTORNEY, in accordance with the Management Compensation Resolution, Resolution No. 10920 (2018 Series) and any successors. Section 4. Performance Evaluation. A. By April 30, 2010, COUNCIL and CHRISTINE DIETRICK shall establish mutually agreeable written goals, performance objectives, and priorities for the performance period ending March 30, 2011. Further, Council shall conduct an "interim" evaluation by October 29, 2010. An annual formal Council evaluation will be conducted in March of 2011 in accordance with the City's Appointed Official Evaluation Process. Consistent with the schedule outlined above, based on the Appointed Officials Evaluation Process, and subject to performance as assessed by the COUNCIL, the CITY ATTORNEY compensation shall be reviewed by COUNCIL in April 2011 consistent with the Management Pay-for- Performance System in place at that time. B. Each calendar year thereafter, COUNCIL shall review and evaluate the performance and compensation of CHRISTINE DIETRICK in accordance with the adopted Appointed Officials Evaluation Process, best management practices, and informed by comparison agency data. Section 5. Outside Activities, Conduct and Behavior. A. CHRISTINE DIETRICK shall not engage in teaching, consulting or other non-CITY connected business without the prior approval of COUNCIL. B. CHRISTINE DIETRICK shall comply with all local and state requirements regarding conflicts-of-interest. Item 14 Packet Page 269 Resolution No. _____ (2020 Series) Page 5 R ______ Section 6. Dues and Subscriptions. COUNCIL agrees to budget for and to pay for professional dues and subscriptions of CHRISTINE DIETRICK necessary for her continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the CITY. Section 7. Professional Development. A. COUNCIL hereby agrees to budget for and to pay for travel and subsistence expenses of CHRISTINE DIETRICK for professional and official travel, meetings, and occasions adequate to continue the professional development of CHRISTINE DIETRICK and to adequately pursue necessary official functions for the CITY, including but not limited to the League of California Cities Annual Conference, League of California Cities City Attorneys Department Conference, and such other national, regional, state, and local governmental organizations, groups and/or committees. B. COUNCIL also agrees to budget for and to pay for travel and subsistence expenses of CHRISTINE DIETRICK for short courses, institutes, and seminars that are necessary for her professional development and for the good of the CITY. C. Other professional development may be agreed upon from time to time between the COUNCIL and CHRISTINE DIETRICK. Section 8. General Expenses. COUNCIL recognizes that certain expenses of a non-personal and job- affiliated nature are incurred by the CITY ATTORNEY, and hereby agrees to authorize the Finance Director to reimburse or to pay said general and reasonable expenses, consistent with CITY policies, upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 9. Indemnification. In addition to that required under state and local law, CITY shall defend, save harmless, and indemnify CHRISTINE DIETRICK against any claims, demands, causes of actions, losses, damages, expenses (including but not limited to attorney's fees as may be authorized against public entities or officers consistent with state law) or liability of any kind whether stated in or arising from tort, professional liability or any other legal action or equitable theory, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of CHRISTINE DIETRICK'S duties as CITY ATTORNEY to the fullest extent permitted by law. CITY may compromise and settle any such claim or suit and shall pay the amount of any settlement or judgment rendered thereon. Item 14 Packet Page 270 Resolution No. _____ (2020 Series) Page 6 R ______ Section 10. Other Terms and Conditions of Employment. The COUNCIL, in consultation with CHRISTINE DIETRICK, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of CHRISTINE DIETRICK, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this CONTRACT, the CITY Charter or any other law. Section 11. No Reduction of Pay and/or Benefits. COUNCIL shall not at any time during the term of this CONTRACT, reduce the salary, compensation or other financial benefits of CHRISTINE DIETRICK, except to the degree of such a reduction across-the-board for all employees of the CITY or CHRISTINE DIETRICK provides written consent to the reduction. Section 12. Termination and Severance Pay. A. In the event CHRISTINE DIETRICK'S employment is terminated by the COUNCIL, or she resigns at the request of a majority of the COUNCIL during such time that she is otherwise willing and able to perform the duties of CITY ATTORNEY, the COUNCIL agrees to pay her a lump sum cash payment equal to nine (9) months compensation (salary and all appointed officials fringe benefits). Additionally, CITY shall extend to CHRISTINE DIETRICK the right to continue and purchase at her expense health insurance pursuant to the terms and condition of the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) or any successor legal requirement. CHRISTINE DIETRICK is the CITY ATTORNEY for the purposes of the benefits under the California Joint Powers Insurance Authority of which the CITY is a member. Any associated severance benefit as a result of termination shall be in accordance with the terms and conditions of the California Joint Powers Insurance Authority's Memorandum of Liability Coverage in effect at the time of termination. B. In the event that CHRISTINE DIETRICK is terminated for "good cause" the COUNCIL shall have no obligation to pay the lump sum severance payment mentioned above. For the purpose of this CONTRACT, "good cause" shall mean any of the following: 1) Malfeasance, dishonesty for personal gain, willful violation of law, corrupt misconduct, or conviction of any felony. 2) Conviction of a misdemeanor arising directly out of CHRISTINE DIETRICK'S duties pursuant to this Agreement. 3) Willful abandonment of duties outlined in this Agreement. "Good cause" shall not mean a mere loss of support or confidence by a majority of the COUNCIL. Item 14 Packet Page 271 Resolution No. _____ (2020 Series) Page 7 R ______ C. Any termination of employment shall be done consistent with limitations established in the City Charter Section 709. Additionally, the CITY shall provide a minimum of 30 days prior written notice to CHRISTINE DIETRICK of the intent to terminate this Agreement. Section 13. Resignation. In the event CHRISTINE DIETRICK voluntarily resigns her position with the CITY, she shall give the COUNCIL at least two (2) months advance written notice. Section 14. General Provisions. A. The text herein shall constitute the entire CONTRACT between the parties. B. This CONTRACT shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. C. It is the intent of the COUNCIL that this CONTRACT and the appointment of CHRISTINE DIETRICK as CITY ATTORNEY are in accordance with the requirements and provisions of the Charter. Wherever possible, the provisions of this CONTRACT shall be construed in a manner consistent with the Charter. If any provision of this CONTRACT conflicts with the Charter, the Charter shall control. D. If any prov1s1on, or any portion thereof, contained in this CONTRACT is held unconstitutional, invalid or unenforceable, the remainder of this CONTRACT, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Item 14 Packet Page 272 Resolution No. _____ (2020 Series) Page 8 R ______ IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Contract on the day and year first set forth above. _____________________________ ______________________ J. CHRISTINE DIETRICK DATE CITY ATTORNEY ____________________________ _____________________ HEIDI HARMON DATE MAYOR ATTEST: ____________________________ ______________________ TERESA PURRINGTON DATE CITY CLERK APPROVED AS TO FORM: ____________________________ _____________________ MARK AMBERG DATE CONTRACT ASSISTANT CITY ATTORNEY Item 14 Packet Page 273 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 14 Packet Page 274 Department Name: Human Resources Cost Center: 2007 For Agenda of: December 8, 2020 Placement: Consent Estimated Time: N/A FROM: Monica Irons, Director of Human Resources Prepared By: Nickole Sutter, Human Resources Manager SUBJECT: SUCCESSOR MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES’ ASSOCIATION RECOMMENDATION 1. Adopt a Resolution (Attachment A) ratifying the Successor Memorandum of Agreement (MOA) (Attachment B) between the City of San Luis Obispo and the San Luis Obispo City Employees’ Association (SLOCEA) with a three-year term (July 1, 2019 through June 30, 2022); and 2. Adopt a Regular and Supplemental Salary Schedule effective December 10, 2020 as required by California Public Employees Retirement System (CalPERS) (Attachments C & D). DISCUSSION Background SLOCEA represents approximately 174 members in classifications providing a wide variety of services to the community including parks, streets, and facilities maintenance, utilities workers, public works project and building inspectors, code enforcement, engineers, planners, and administrative support. Compensation and benefits for this group of employees is established by a Memorandum of Agreement (MOA) that expired on June 30, 2019. Under California law, when an MOA or “labor contract” expires, the terms and conditions of the MOA continue without change or remain status quo until a successor MOA is negotiated. The Council adopted a Fiscal Health Response Plan (FHRP) in April 2018 to address the significant financial impacts of CalPERS downward adjustment to the discount rate or the assumed rate of return on investments. The FHRP went into effect for fiscal years 2018-19, 2019-20, and 2020-21 with the goal of increasing revenues and decreasing expenditures so that $8.9 million could be set aside to pay down the City’s CalPERS unfunded liability. The FHRP included employee concessions (anticipated growth of employee wages and benefits at a rate less than inflation) equaling $1.9 million by fiscal year 2020-21. These employee concessions were reached with all other employee groups by providing employees modest cost of living increases, partially offset by increased ongoing employee contributions to employer pension costs (retirement cost-sharing). The SLOCEA MOA that expired in June 2019, covered the first year of the FHRP. While it did not include increased retirement cost-sharing, it did meet the economic objective of the FHRP in that no changes to salary occurred during the term of the agreement. Item 15 Packet Page 275 In April 2019, the City invited SLOCEA to an informational financial overview session to highlight components of the FHRP and fiscal forecast in preparation for upcoming negotiations. Ultimately that meeting was held in August 2019, after the expiration of the MOA, and included a financial consultant hired by SLOCEA to evaluate the City’s financial position. The City and SLOCEA began bargaining for a successor labor agreement in October 2019. The City’s primary interests were to meet the FHRP financial objectives including increased retirement cost-sharing, and a longer-term contract in an effort to provide stability for this unit and equity with other employee groups. SLOCEA’s primary objectives were to make up perceived historic concessions over the last decade through salary increases, avoid increased retirement cost-sharing, and increase the percent the City contributes towards HMO medical plans. At the start of negotiations, both parties offered three-year proposals. SLOCEA’s three-year proposal included 13% cost-of-living increases over the term of the contract, as well as increased City contributions to medical insurance above the established cost-sharing formula used with all other employee groups. In contrast, the City’s three-year proposal included 7% cost-of-living increases, 3% retirement cost-sharing, and an increase above the established cost-sharing formula for medical insurance in the first year and then maintaining the City’s formula for the second and third year. The City’s proposal met the FHRP objectives for the first two years of the contract through increased employee contributions to retirement, offset by modest cost-of-living increases and was consistent with agreements reached with all other employee groups. After meeting ten times with movement by both parties, impasse was mutually declared on January 23, 2020. At the time of impasse, the parties were 3.5% apart in salary (5% requested by SLOCEA vs 1.5% offered by City) for a two-year term and could not agree on the medical insurance cost-sharing formula. In an effort to reach agreement with this unit, the City acknowledged SLOCEA’s position to avoid retirement-sharing while achieving the economic objective of the FHRP. In March 2020, SLOCEA filed an Unfair Labor Practice Charge (UPC) against the City with the Public Employment Relations Board (PERB) claiming that the City bargained in bad faith by inviting SLOCEA to bargain, by offering them limited retroactivity for a time certain, and by maintaining an allegedly unlawful “no strike clause” in the City’s Employer-Employee Resolution, among other allegations. The City has vigorously disputed these claims in two submissions to PERB, where the matter is still pending. SLOCEA elected to have impasse submitted to a factfinding panel in accordance with State law with factfinding originally scheduled July 2020 based on availability of the neutral hearing officer. In a continued effort to reach agreement, the parties returned to the bargaining table on July 30, 2020 but were unsuccessful at breaking impasse, therefore the parties proceeded with factfinding. Item 15 Packet Page 276 Factfinding Pursuant to SLOCEA’s statutory right to request factfinding, the parties convened factfinding before State Hearing Officer Najeeb Khoury on October 22-23, 2020 and November 20, 2020. Factfinding provides for a three-person panel, consisting of one member selected by each party (Nickole Sutter, Human Resources Manager and Ron Faria, SLOCEA President) and one neutral member selected by both parties from State Mediation and Conciliation, Mr. Khoury. The panel makes inquiries as it deems appropriate and ultimately issues findings of fact and advisory recommendations to promote settlement. If agreement is not reached during factfinding, a report is issued. Once the panel has issued its report, the City must make the findings and recommendations public within 10 days. Ultimately, Council may adopt or reject the recommendations, impose a last, best, and final offer, or do nothing. In factfinding, the City emphasized: 1) its long history of financial sustainability grounded in policy1, 2) its good faith efforts to reach agreement with this group including acknowledging SLOCEA’s concerns regarding increased retirement cost-sharing, 3) the value of the City’s offer to SLOCEA employees and its favorable comparison to other City employee groups during the same timeframe, and 4) the percent of health premiums covered by the City’s proposed increase in health contribution. SLOCEA’s position was that the City can afford its 5% salary increase proposal over two years, and that SLOCEA members deserve such an increase because of its belief that members had not received a net salary increase in the last decade. Despite SLOCEA’s belief, its members have received a 5% net increase since 2010, which is greater than most employee groups at the City from 2010-2018. Throughout the factfinding process, both parties saw the value of reaching an agreement and remained focused on how best to achieve this mutual objective. Below is a summary of the agreement the parties have reached pending, at the time of writing this report, ratification by the SLOCEA membership. SLOCEA anticipates notifying staff of the outcome of a general membership vote by close of business on December 7, 2020. Key Components of the Successor MOA The following is a summary of the key changes included in the successor SLOCEA MOA: Term: Three-Year Term (July 1, 2019 to June 30, 2022) Salary: The parties agree to a salary increase as set forth below to be effective on the first day of the first full payroll period following the date specified below for all unit members. • December 2020 1.5% • July 2021 2.5% 1 Fiscal Health Contingency Plan, Compensation Philosophy, Labor Relations Objectives, Fiscal Responsibility Philosophy, and Fiscal Health Response Plan Item 15 Packet Page 277 Lump Sum Payments: On December 31, 2020, the City will issue a one-time lump-sum payment of $1,500 (less applicable taxes) to bargaining unit members who were employed by the City as of November 1, 2020. Of note, is that none of the compensation increases in this package are retroactive and the lump-sum payment acknowledges that if the parties had reached agreement sooner, employees would have received the salary and health insurance increases sooner. Compensation Study: The City will complete a benchmark compensation survey by February 28, 2022. These types of surveys typically consider total compensation including retirement cost-sharing and may inform the next round of negotiations with this employee group. Health: Effective the first paycheck in January 2021 (given health insurance premiums have increased for 2021) the City contribution towards medical insurance will increase to match the unrepresented management and confidential employee contributions for 2021. In December 2021 (for the January 2022 premium), the City’s total health flex allowance for group medical coverage shall be increased by an amount equal to one-half of the average percentage change for family coverage in the PERS health plans available in San Luis Obispo County. Renegotiations and Peaceful Performance: The UPC alleged violations in each of these areas and clarifying language has been agreed to that allows either party to initiate negotiations for a successor MOA within a specified timeframe. Further, modifications to the peaceful performance article replace and supersede the no strike provision set forth in the Employer-Employee Relations Resolution 6620 and are consistent with State law that allows for public sector employees to strike, once bargaining and impasse procedures are exhausted, unless the strike causes substantial and imminent threat to public health and safety. Grievance Procedure: Provides that appeals from the City Manager’s decision for grievances alleging a violation, misinterpretation, or misapplication of an express provision(s) of the MOA, shall be submitted to final and binding arbitration instead of going to the Personnel Board and being advisory to Council. Other non-economic terms and conditions: Several other non-economic modifications are proposed including clarifying that vacation, sick, and holiday leave hours are pro -rated for part-time employees based on hours scheduled to work, incorporating an updated Skills Based Pay Guidance document, and documenting State law with respect to providing an employee the right to representation when being investigated and notification to SLOCEA when new employees are hired. In addition, SLOCEA is taking on sole responsibility for providing and administering a plan for long-term disability for SLOCEA employees. Dismissal of the Unfair Labor Practice Charge: SLOCEA has also agreed to request dismissal of its UPC within five days of the City Council’s approval of the successor MOA. Item 15 Packet Page 278 CONCURRENCE A tentative agreement was reached on November 20, 2020 between the City’s bargaining team and SLOCEA representatives pending SLOCEA ratification by vote of the membership and Council approval. Given the timelines associated with bringing this report forward, it is not feasible to obtain ratification prior to this report being published, however, staff will notify Council of the result prior to Council’s final consideration of this matter on December 8, 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: 2020-21 and ongoing Funding Identified: Yes Fiscal Analysis: Funding Sources 2020 One-Time Funding 2020-21 Ongoing Cost 2021-2022 Ongoing Cost Cumulative Ongoing Cost General Fund $134,569 $166,815 $236,160 $402,975 Tourism Bid Fund $1,124 $1,392 $1,972 $3,364 Water Fund $42,162 $52,266 $73,991 $126,257 Sewer Fund $41,974 $52,033 $73,662 $125,695 Parking Fund $8,990 $11,145 $15,778 $26,923 Transit Fund $1,887 $2,340 $3,312 $5,652 Whale Rock $4,794 $5,942 $8,412 $14,354 Total $235,500 $291,933 $413,287 $705,220 The cumulative ongoing cost for all funds after all items are implemented for the successor MOA is approximately $705,220 or 4.58% of total compensation and the one-time cost for all funds for the lump-sum payments is approximately $235,500. The ongoing costs will become the new base cost for future years and are modeled in the ten-year forecast, are sustainable under the FHRP and are consistent with Council adopted Labor Relations Objectives. ALTERNATIVES Do not approve recommended changes to the resolution and MOA. Instead, direct staff to return to the bargaining table with SLOCEA. This alternative is not recommended as the resolution and MOA are consistent with previous Council direction, with the economic objectives of the Fiscal Health Response Plan and are within projected fiscal forecasts. Item 15 Packet Page 279 Attachments: a - Draft Resolution b - SLOCEA MOA 2019-22 (legislative draft) c - Regular and Contract Employee Salary Schedule d - Supplemental Employee Salary Schedule Item 15 Packet Page 280 R ______ RESOLUTION NO. _______ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2019 TO JUNE 30, 2022 WHEREAS, the San Luis Obispo City Employees’ Association (SLOCEA) is committed to providing high quality service to the community; and WHEREAS, the City Council is committed to providing competitive compensation to recruit and retain well qualified employees, as provided in the City’s adopted Compensation Philosophy while also considering the long-term fiscal sustainability of changes in compensation; and WHEREAS, the City Council adopted a Fiscal Health Response Plan that identified three strategies to increase payments towards the City’s unfunded pension liabilities: 1) New ways of doing business 2) Employee concessions and 3) Cannabis revenues; and WHEREAS, the City adopted Labor Relations Objectives to 1) Continue to make progress in the area of long-term systemic pension cost containment and reduction, including reversing the unfunded pension liability trend and other actions consistent with State law. 2) Continue to effectively manage escalating health benefit costs through balanced cost sharing and other means while maintaining comprehensive health care coverage for all eligible employees. 3) As necessary to attract and retain well qualified employees at all levels of the organization, provide competitive compensation as articulated in the City’s Compensation Philosophy, including relevant local, statewide or national labor markets NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The proposed Memorandum of Agreement is consistent with the City’s adopted Labor Relations Objectives, Compensation Philosophy, and the Fiscal Health Response Plan. SECTION 2. The Memorandum of Agreement between the City of San Luis Obispo and SLOCEA, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby adopted and ratified. SECTION 3. The Director of Finance shall adjust the appropriate accounts to reflect the compensation changes. Item 15 Packet Page 281 Resolution No. _____ (2020 Series) Page 2 R ______ SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to Ron Faria, SLOCEA President, and Monica Irons, Director of Human Resources. Upon motion of Council Member ___________________________, seconded by Council Member ________________________, and on the following 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 Item 15 Packet Page 282 Item 15 Packet Page 283 i TABLE OF CONTENTS ARTICLE 1 - PARTIES TO AGREEMENT .................................................................. 1 ARTICLE 2 - RECOGNITION ...................................................................................... 2 ARTICLE 3 - TERM OF AGREEMENT ....................................................................... 3 ARTICLE 4 - RENEGOTIATION ................................................................................. 4 ARTICLE 5 - SALARY................................................................................................. 5 ARTICLE 6 - OVERTIME ............................................................................................ 9 ARTICLE 7 - STANDBY ............................................................................................ 12 ARTICLE 8 - CALLBACK .......................................................................................... 13 ARTICLE 9 - WORK OUT OF CLASSIFICATION ..................................................... 14 ARTICLE 10 - TEMPORARY ASSIGNMENT ........................................................... 15 ARTICLE 11 - BILINGUAL PAY ............................................................................... 16 ARTICLE 12 - INFORMATION TECHNOLOGY CERTIFICATION INCENTIVES ..... 17 ARTICLE 13 - MECHANIC TOOL ALLOWANCE ..................................................... 18 ARTICLE 14 - PAYDAY ............................................................................................ 19 ARTICLE 15 - RETIREMENT .................................................................................... 20 ARTICLE 16 - INSURANCE ...................................................................................... 22 ARTICLE 17 - LONG TERM DISABILITY INSURANCE ........................................... 27 ARTICLE 18 - HOLIDAYS ......................................................................................... 28 ARTICLE 19 - SICK LEAVE ...................................................................................... 30 ARTICLE 20 - BEREAVEMENT LEAVE .................................................................... 33 ARTICLE 21 - FAMILY LEAVE ................................................................................. 34 ARTICLE 22 - VACATION LEAVE ............................................................................ 36 ARTICLE 23 - WORKERS' COMPENSATION LEAVE ............................................. 38 ARTICLE 24 - WORK SCHEDULE ............................................................................ 39 ARTICLE 25 - PROBATION PERIOD ........................................................................ 40 ARTICLE 26 - PERFORMANCE EVALUATIONS ..................................................... 41 ARTICLE 27 - AMERICANS WITH DISABILITIES ACT ........................................... 42 ARTICLE 28 - TRANSFER ........................................................................................ 43 Item 15 Packet Page 284 ii ARTICLE 29 - LAYOFFS ........................................................................................... 44 ARTICLE 30 - MODIFIED DUTY ASSIGNMENT ..................................................... 49 ARTICLE 31 - CLASS "A & B" PHYSICALS ............................................................. 50 ARTICLE 32 - UNIFORM AND UNIFORM ALLOWANCE ....................................... 51 ARTICLE 33 - SAFETY PROGRAM .......................................................................... 52 ARTICLE 34 - EMPLOYEE RIGHTS ......................................................................... 53 ARTICLE 35 - GRIEVANCE PROCEDURE ............................................................... 54 ARTICLE 36 - REPRESENTATIVE ROLE ................................................................. 56 ARTICLE 37 - COMMITTEE REPRESENTATION .................................................... 58 ARTICLE 38 - DUES DEDUCTION ........................................................................... 59 ARTICLE 39 - MANAGEMENT RIGHTS .................................................................. 60 ARTICLE 40 - PEACEFUL PERFORMANCE ............................................................ 61 ARTICLE 41 – WEINGARTEN RIGHTS .................................................................... 62 ARTICLE 42 – NEW EMPLOYEE ORIENTATION – AB 119 .................................... 63 ARTICLE 43 – PERSONNEL FILE LOG AND SECURITY ........................................ 64 ARTICLE 44 - FULL AGREEMENT .......................................................................... 65 ARTICLE 45 - SAVINGS CLAUSE ........................................................................... 66 ARTICLE 46 - AUTHORIZED AGENTS .................................................................... 67 ARTICLE 47 - SIGNATURES ................................................................................... 68 APPENDIX A - CLASSIFICATIONS ......................................................................... 69 APPENDIX B - SKILLS BASED PAY GUIDANCE DOCUMENT .............................. 72 Item 15 Packet Page 285 1 ARTICLE 1 - PARTIES TO AGREEMENT This Agreement is made and entered into this 8th day of December, 2020, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo City Employees' Association, hereinafter referred to as the Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provisions in City Resolution No. 6620 or AB 646 codified in California Government Code Sections 3505.4, 3505.5 and 3507.7 unless so stipulated to by provision(s) contained herein and agreed to. Deleted: 19th Deleted: February, 2019 Item 15 Packet Page 286 2 ARTICLE 2 - RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the City hereby recognizes the San Luis Obispo City Employees' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the General Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of the Agreement. Item 15 Packet Page 287 3 ARTICLE 3 - TERM OF AGREEMENT This Agreement shall become effective July 1, 2019, except that those provisions which have specific implementation dates shall be implemented on those dates and shall remain in full force and effect until midnight June 30, 2022. Deleted: 8 Deleted: 19 Item 15 Packet Page 288 4 ARTICLE 4 - RENEGOTIATION Parties agree that either the City or the Association can initiate negotiations no earlier than 120 days or later than 90 days prior to the expiration of the MOA. Negotiations shall begin within, but no later than, thirty (30) days from the date of receipt of the notice. Parties may by mutual agreement modify the date for commencement of negotiations. Deleted: If the Association desires to negotiate a successor Agreement, then the Association shall serve upon the City its intent to begin negotiations Item 15 Packet Page 289 5 ARTICLE 5 - SALARY A. RULES GOVERNING STEP CHANGES FOR NON-SKILLS BASED PAY EMPLOYEES The following rules shall govern step increases for employees: (1) The first step is the minimum rate and shall normally be the hiring rate for the class. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is hired, the Human Resources Director may authorize hiring at any step. (2) The second step is an incentive adjustment to encourage an employee to improve their work. An employee may be advanced to the second step following the completion of twelve months satisfactory service upon recommendation by the department head and the approval of the Human Resources Director. (3) The third step represents the middle value of the salary range and is the rate at which a fully qualified, experienced and ordinarily conscientious employee may expect to be paid after a reasonable period of satisfactory service. An employee may be advanced to the third step after completion of twelve months service at the second step, provided the advancement is recommended by the department head and approved by the Human Resources Director. (4) The fourth and fifth steps are to be awarded only if performance is deemed competent or above as shown on the last performance evaluation. An employee may be advanced to the fourth step after completion of one year of service at the third step provided the advancement is recommended by the department head and approved by the Human Resources Director. An employee may be advanced to the fifth step after completion of one-year service at the fourth step provided the advancement is recommended and justified in writing by the department head and approved by the Human Resources Director. (5) The above criteria for step increases apply except where other arrangements are authorized by the City Manager. Deleted: his/her Deleted: his/her Item 15 Packet Page 290 6 (6) In applying the above rules, the next step shall be granted, other conditions having been met, on the first day of the payroll period within which the anniversary date occurs. (7) Should the employee's salary not be increased, it shall be the privilege of the department head and City Manager to reconsider such increase at any time during the year. (8) Each department head shall be authorized to reevaluate employees who reach Step 5 in their pay range. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves to an acceptable level by the end of 60 days. Prior to the end of 60 days the department head shall again reevaluate the employee and, as part of that reevaluation, shall notify the employee if the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove the fifth step during the same fiscal year, they may make the change at any time with three business days written notice. B. RULES GOVERNING SKILLS BASED PAY The guidelines for skills based pay classifications are set forth in Appendix B. C. "Y" RATING An employee who is not performing up to established job standards for reasons including but not limited to transfer, reclassification, and performance issues may be "Y" rated, freezing their salary until such time as standards are met. The department head shall give 60 days written notice to any employee they intend to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated employee would not receive either step increases or salary increases granted by the City Council in a MOA resolution such as across the board cost of living increases, market equity increases, or other increases to salary. The "Y" rating procedure shall not result (then Deleted: he/she Deleted: his/her Deleted: he/she intends Item 15 Packet Page 291 7 or later) in the employee being frozen below the next lower step of the new range. For example, if an employee is at step 4 when "frozen" their salary shall not ever be less than the current step 3 by this action. The only limited exception to “Y” rating may be found in Appendix B, Skills Based Pay Guidance document. D. COMPUTATION OF SALARY RANGE Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 Each across-the-board % salary increase shall raise step 5 of range 1 by that %. Step 5 of each successive salary range will be 2.63% above step 5 of the next lower range. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. E. SALARY PROVISION FOR THE TERM OF AGREEMENT The parties agree to a salary increase as set forth below to be effective on the first day of the first full payroll period following the date specified below for all unit members. • December 2020 1.5% • July 2021 2.5% Deleted: his/her Deleted: prescribed Deleted: 0% change during the term of the Agreement Item 15 Packet Page 292 8 F. LUMP-SUM PAYMENTS On December 31, 2020, the City will issue a one-time lump-sum payment of $1,500 (less applicable taxes) to bargaining unit members who were employed by the City as of November 1, 2020. G. COMPENSATION STUDY The City will complete a benchmark compensation survey by February 28, 2022. Item 15 Packet Page 293 9 ARTICLE 6 - OVERTIME A. CITY/CONTRACT OVERTIME Overtime is defined as all hours preauthorized by management and worked by the employee in excess of forty (40) hours worked in a work week. All paid leave hours shall be counted as hours worked for purposes of calculating overtime to include Vacation, Holiday, Sick Leave and Compensatory Time Off (CTO). All overtime shall be authorized by the department head or designee prior to being compensated. B. FLSA/STATUTORY OVERTIME For the purpose of complying with the Fair Labor Standards Act (FLSA) overtime requirements under 29 USC Section 207(a), the City has adopted a dual calculation method whereby it calculates FLSA overtime based on all hours actually worked by overtime eligible employees in excess of 40 hours in the seven-day work period. To the extent the City’s dual calculation method determines that FLSA overtime owed for the seven-day work period exceeds the amount of City/Contract overtime paid for in the same seven-day work period, the difference will be paid to the employee by way of an “FLSA Adjustment” in the following City pay period. C. COMPENSATION All overtime as defined in Section A of this Article shall be paid in cash at one and one half (1 1/2) the employee's base rate of pay, plus incentives as defined below in Section E, or in time off (CTO) at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. All overtime shall be compensated to the nearest five (5) minutes worked. Separate and apart from the City's contractual obligation to pay overtime in accordance with Section A above, the City is obligated to calculate and pay, at a Item 15 Packet Page 294 10 minimum, FLSA overtime based on the federally defined regular rate of pay which includes cash in lieu in compliance with the Flores v. City of San Gabriel applicable to members of SLOCEA's bargaining unit. This calculation will be administered in accordance with Section B above. D. COMPENSATORY TIME OFF (CTO) An employee who earns City/Contract overtime as defined in Section A above may elect compensation in the form of time off (CTO). An employee may be compensated in CTO and maintain up to sixty (60) hours of CTO in their CTO account during the calendar year. Accumulated CTO may be taken through December 31st of each calendar year. Accumulated CTO not taken by midnight December 31st shall be compensated in cash at an employee’s hourly rate of pay not including any incentives. Such compensation shall be paid in January of the following year. E. PAY INCENTIVES TO BE INCLUDED IN THE BASE RATE FOR OVERTIME UNDER SECTIONS A AND B ABOVE • Bilingual Pay • Safety Committee Pay • Microsoft Certified Engineer (MSCE) or VMware Certified Professional (VCP) Certifications • Standby Pay • Work out of Grade Pay • Temporary Assignment Pay F. WORK WEEK FOR CALCULATION OF OVERTIME For all bargaining unit members working a regular 5/40 work schedule or a 4/10 alternative work schedule, the work week for the purpose of calculating overtime as defined in Sections A & B of this Article shall be seven consecutive days, beginning at 12:00 am Thursday and ending at 11:59 pm Wednesday. Deleted: straight time Item 15 Packet Page 295 11 For all bargaining unit members working a 9/80 alternative work schedule, the work week for the purpose of calculating overtime as defined in Section A and B of this Article shall be seven consecutive days, beginning exactly four hours into their eight- hour shift on the day of the week which constitutes their alternative regular day off. G. OVERTIME DISPUTE RESOLUTION PROCEDURE The City and the Association acknowledge and agree that they have met and conferred in good faith in accordance with California Government Code Section 3505 over the definition, calculation, and payment of contract overtime as defined in Section A above. The City and the Association further acknowledge and agree that Section A above establishes the full extent of the City’s contractual obligations to pay overtime for services rendered within the course and scope of employment by members of the bargaining unit and that to the extent individual claims for statutory overtime under Section B above are asserted by or on behalf of any member of the bargaining unit during the term of the MOA, such claims will not present or support a claim for contract overtime under the MOA. The City and the Association further acknowledge and agree that any and all claims for statutory overtime under Section B above are expressly excluded from the grievance procedure set forth in Article 35 of the MOA. The City and the Association further acknowledge and agree that they have met and resolved potential issues concerning back overtime related to the Flores vs. City of San Gabriel decision in the 2018-19 Memorandum of Agreement. Deleted: Effective the first full pay period following Council Adoption, payments will be made to active employees according to the schedule in Appendix C. Employee payments will be subject to payroll taxes and will be paid out on a separate check. Item 15 Packet Page 296 12 ARTICLE 7 - STANDBY A. Standby duty is defined as that circumstance which requires an employee so assigned to: • Be ready to respond immediately to a call for service; • Be readily available at all hours by telephone or other agreed-upon communication equipment; and • Refrain from activities which might impair their assigned duties upon call (including alcohol consumption). B. Effective the first full pay period following the adoption of this agreement by City Council, employees will receive forty-five dollars ($45.00) for each weekday, and sixty- five dollars ($65.00) for each weekend day and holiday of such assignment. Employees working an alternative work schedule that are assigned to standby duties and are scheduled off work on a weekday shall receive sixty-five dollars ($65.00) weekend standby pay. C. For return to work as part of a standby assignment, as defined above, the City will guarantee either two (2) hours of pay in cash at straight time or pay at time and one half for time actually worked whichever is greater. D. The parties agree that employees on standby, as defined above, are "waiting to be engaged." Deleted: his/her Item 15 Packet Page 297 13 ARTICLE 8 - CALLBACK A. DEFINITION Callback is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's work shift or workweek; Except that, an early call-in of up to two (2) hours prior to the scheduled start or a work shift shall not be considered a callback. B. COMPENSATION For an unexpected return to work, as defined in A above, the City will guarantee either four (4) hours pay in cash at straight time or pay at time and one-half for time actually worked, whichever is greater. If an employee who was called back and has completed their assignment and left work is again called back to work, they will not receive another minimum if the return is within the original minimum. Deleted: his/her Deleted: he/she Item 15 Packet Page 298 14 ARTICLE 9 - WORK OUT OF CLASSIFICATION A. OUT-OF-CLASS ASSIGNMENT For the purposes of this article, an out-of-class assignment is the full-time performance of all the significant duties of an available, funded position in one classification by an individual in a position in another classification. An employee assigned in writing by management to work out-of-class in a position that is assigned a higher pay range and is vacant pending an examination or is vacant due to an extended sick leave, shall receive five percent (5%), but in no case more than the next higher step of the higher class, in addition to their regular base rate commencing on the eleventh consecutive workday on the out-of-class assignment. Employees assigned as project managers and thereby working out-of-classification shall receive compensation pursuant to this section. Work out-of-class compensation will be evaluated after six months. Out-of-class compensation will be increased to the first step of the higher classification at least five percent (5%) upon the recommendation of the supervisor and approval of the department head. B. SEASONAL SUPERVISION If, in addition to their regularly assigned employees, any employee responsible for five (5) or more temporary workers for a period exceeding 10 consecutive workdays shall receive additional pay of 5% commencing with the 11th day. Deleted: his/her Item 15 Packet Page 299 15 ARTICLE 10 - TEMPORARY ASSIGNMENT An appointing authority or designee may temporarily assign an employee to a different position for a specific period of time not to exceed 90 days, after which the employee returns to their regular duties and position from which they were regularly assigned. The temporary assignment may be extended past 90 days if agreed to by the employee in writing. Such action shall have the prior approval of the Human Resources Director or designee. An appointing authority may assign an employee to a different position for a period of time not to exceed 90 days, provided the employee has received 24 hours written notice which includes reasons for the assignment. Employees who are subject to temporary assignment shall be compensated in accordance with Article 9A. Deleted: his/her Deleted: he/she was Deleted: to Item 15 Packet Page 300 16 ARTICLE 11 - BILINGUAL PAY Employees certified as bilingual in Spanish through a testing process and certified as being required to regularly use their Spanish speaking skills shall receive a bilingual payment of thirty-five ($35) dollars per pay period. Employees are eligible for this incentive the first full pay period following qualification. Additional languages may be approved by the City based upon demonstrated need. Regardless of certification and payment, all employees shall use any language skills they possess to the best of their ability. Item 15 Packet Page 301 17 ARTICLE 12 - INFORMATION TECHNOLOGY CERTIFICATION INCENTIVES The following classifications are eligible to receive a $500 monthly stipend for a Microsoft Certified Engineer (MSCE) or VMWARE Certified Professional Certification (VCP). Employees are eligible for this incentive the first full pay period following qualification: • Control Systems Administrator • Information Technology Systems Engineer Deleted: Network Administrator Item 15 Packet Page 302 18 ARTICLE 13 - MECHANIC TOOL ALLOWANCE The following classifications are eligible to receive a tool allowance of $1,000 per year for tool replacement, tool purchase, and/or tool updates: • Mechanic Helper • Heavy Equipment Mechanic The allowance will be included on the first full pay period in January each calendar year. Eligible employees hired after the annual tool allowance is provided, will receive a prorated tool allowance, based on the employees start date. Deleted: his/her Item 15 Packet Page 303 19 ARTICLE 14 - PAYDAY Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. The City will not compel electronic deposits. Item 15 Packet Page 304 20 ARTICLE 15 - RETIREMENT A. PERS Contracts 1. “Classic Members First Tier” employees hired before December 6, 2012. The City agrees to provide the Public Employees' Retirement System’s (PERS) 2.7% at age 55 plan to all eligible employees using the highest one-year as final compensation. The 2.7% at 55 plan includes the following amendments: the 1959 Survivor’s Benefit – Level Four, conversion of unused sick leave to additional retirement credit, Military Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. 2. “Classic Members Second Tier” employees hired on or after December 6, 2012. The City agrees to provide the PERS 2% at 60 plan using the highest three-year average as final compensation. The 2.0% at 60 plan includes the following amendments: the 1959 Survivor's Benefit – Level Four, conversion of unused sick leave to additional retirement credit, Military Service Credit, and Pre-Retirement Option Settlement 2 Death Benefit. 3. “New Members Third Tier” employees hired after January 1, 2013. PERS determines who are “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA). The City will provide the PERS 2% @ 62 plan, using the highest three-year average as final compensation. B. Member Contributions 1. “Classic Members First and Second Tier” Effective the first pay period in January 2014, employees began paying the full member contribution required under the plan for first and second tier (8% and 7% respectively) employees and the City discontinued their payment of the member Item 15 Packet Page 305 21 contribution. For purposes of this Section, employee contributions are based on salary and special compensation as defined by PERS. All of the employee contributions are made on a pre-tax basis as allowed under Internal Revenue Service Code Section 414 (h) (2). 2. “New Members Third Tier” Effective on their date of hire, new members will pay 50% of the normal cost, as determined by PERS. All of the employee contributions are made on a pre-tax basis as allowed under Internal Revenue Service Code Section 414 (h) (2). Deleted: <#>Employees hired before December 6, 2012¶ The City agrees to provide the Public Employees' Retirement System’s 2.7% at age 55 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit (4th level), one year final compensation, the Military Service Credit option, and the Pre-Retirement Option 2 Death Benefit.¶ ¶ Effective the first full pay period in January 2014, employees covered by the 2.7% at 55 plan will pay the full eight percent member contribution to PERS.¶ ¶ The employee pays to PERS their contribution; as allowed under Internal Revenue Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis.¶ ¶ “Classic Members” hired on or after December 6, 2012¶ For “Classic Members” hired on or after December 6, 2012, the City will provide the PERS 2% at 60 retirement plan using the highest three year average as final compensation. The second tier formula will include the following amendments: conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit (4th level), the Military Service Credit option, and the Pre- Retirement Option 2 Death Benefit. Employees hired under this plan will pay the full member contribution required under the plan, presently seven percent (7%). CalPERS determines who is a “classic member” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA).¶ ¶ The employee pays to PERS their contribution; as allowed under Internal Revenue Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis.¶ ¶ ¶ New Members¶ For all employees who CalPERS determines are “new members” within the meaning of the PEPRA, the City will provide the PERS 2% at 62 retirement plan using the highest three year average as final compensation.¶ ¶ Effective upon their date of hire, new members will pay 50% of the total normal cost of the member contribution, as determined by CalPERS.¶ ¶ The employee pays to PERS their contribution; as allowed under Internal Revenue Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis. ¶ Item 15 Packet Page 306 22 ARTICLE 16 - INSURANCE A. HEALTH FLEX ALLOWANCE Employees electing medical coverage in the City’s plans shall receive a health flex allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such coverage through the City’s Section 125 Plan “Cafeteria Plan”. If the health flex allowance is less than the cost of the medical plan, the employee shall have the opportunity to pay the difference between the health flex allowance and the premium cost on a pre-tax basis through the City’s Cafeteria Plan. If the pre mium cost for medical coverage is less than the health flex allowance, the employee shall not receive any unused health flex in the form of cash or purchase additional benefits under the Cafeteria Plan. Less than full-time employees shall receive a prorated share of the City's contribution. Effective the first paycheck in January 2021, the 2021 health flex allowance will be reset as shown below: Level of Coverage 2018-2020 Monthly Rates 2021 Monthly Rate Employee Only $550 $593 Employee Only "Grandfathered" *with no cash back option $790 $790 Employee Plus One $1,088 $1,173 Family $1,472 $1,588 Employees hired prior to September 1, 2008 that are grandfathered in and elect employee only medical coverage will receive the health flex allowance listed above for employee only “grandfathered” coverage. If an employee that is receiving Employee Only or Opt Out “Grandfathered” coverage changes their level of coverage, they will be eligible to return to the grandfathered coverage in a future year. If the premium cost for medical coverage is less than the health flex allowance, the employee shall not receive any unused health flex in the form of cash. Deleted: The 2018 and 2019 monthly health flex allowance amounts are… Deleted: Effective December 2018 for 2019 Deleted: Rates Item 15 Packet Page 307 23 Effective December 2021 (for the January 2022 premium), the City’s total health flex allowance for group medical coverage shall be increased by an amount equal to one- half of the average percentage change for family coverage in the PERS health plans available in San Luis Obispo County. In any event, the City’s contribution will not be decreased. For example: if three plans were available and the year-to-year changes were +10%, +20%, and -6% respectively, the City’s contribution would be increased by 4% (10% + 20% + -6% ÷ 3 = 8% x 1/2). The employee only grandfathered amount will not adjust. The City agrees to continue its contribution to the health flex allowance for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive regular City health flex allowance for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero (0). B. PERS HEALTH BENEFIT PROGRAM The City has elected to participate in the PERS Health Benefit Program. The City shall contribute an equal amount towards the cost of medical coverage under the Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the statutory minimum contribution amount established by CalPERS on an annual basis. The City's contribution will come out of that amount the City currently contributes to employees as part of the City’s Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance. In summary, this cost and any increases will be borne by the employees. Deleted: December 2018 (for the January 2019 premium), Item 15 Packet Page 308 24 Health Insurance Benefits for Domestic Partners The City has adopted a resolution electing to provide health insurance benefits to domestic partners (Section 22873 of the PEMHCA). C. CONDITIONAL OPT OUT Employees who at initial enrollment or during the annual open enrollment period, complete an affidavit and provide proof of other minimum essential coverage for themselves and their qualified dependents (tax family) that is not a qualified health plan coverage under an exchange/marketplace or an individual plan, will be allowed to waive medical coverage for themselves and their qualified dependents (tax family). The monthly conditional opt-out incentives are: Opt Out $200 “Grandfathered” Opt Out $790 (hired before September 1, 2008) The conditional opt-out incentive shall be paid in cash (taxable income) to the employee. The employee must notify the City within 30 days of the loss of other minimum essential coverage. The conditional opt-out payment shall no longer be payable, if the employee and family members cease to be enrolled in other minimum essential coverage. Employees receiving the conditional opt-out amount will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits. D. DENTAL AND VISION INSURANCE/DEPENDENT COVERAGE Item 15 Packet Page 309 25 Effective January 1, 2017, employee participation in the City's dental and vision plans is optional. Employees who elect coverage shall pay the dental and/or eye premium by payroll deductions on a pre-tax basis through the City’s Cafeteria Plan. E. LIFE INSURANCE AND ACCIDENTIAL DEATH AND DISMEMBERMENT (AD&D) Employees shall pay for life insurance coverage of Fifty Thousand Dollars ($50,000). Effective April 1, 2019, Accidental Death and Dismemberment coverage in the amount of Fifty Thousand Dollars ($50,000) shall be paid by the employee through the City’s Cafeteria Plan. F. MEDICAL PLAN REVIEW COMMITTEE The Association shall appoint two voting representatives to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non-voting representative to provide a wider range of viewpoint for discussion. The vote of each voting representative shall be weighted according to the number of employees represented by the Association. 1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTEE a. Review and suggest changes for the City's Cafeteria Plan and the insurance plans offered under the MOA; b. Submit to the City and its employee associations recommendations on proposed changes for the City's Cafeteria Plan and the insurance plans offered under the MOA; c. Disseminate information and educate employees about the City's Cafeteria Plan and the insurance plans offered under the MOA; d. Participate in other related assignments requested by the City and its employee associations. 2. MISCELLANEOUS Deleted: following Council Adoption Deleted: flexible benefits plan Deleted: flexible benefits plan Deleted: flexible benefits plan Item 15 Packet Page 310 26 a. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. b. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and Association. c. If changes to the City's Cafeteria Plan, are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. d. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance. Deleted: flexible benefits plan or Item 15 Packet Page 311 27 ARTICLE 17 - LONG TERM DISABILITY INSURANCE Effective as soon as administratively possible following the ratification and adoption of the Successor MOA, SLOCEA will assume sole responsibility for providing and administering a plan for long term disability insurance. The City will have no role in or responsibility for determining eligibility and enrolling employees in the plan or administering its provisions. In this respect, the City’s only role will be to effectuate payroll deductions for employees enrolled in the plan by SLOCEA and verified by SLOCEA to have authorized said deductions. As part of the transition of duties and responsibilities for the LTD plan, SLOCEA will be responsible for confirming or denying existing and continuing LTD plan coverage for all bargaining unit members. The City will be responsible for notifying all non-bargaining unit employees presently enrolled in the existing LTD plan regarding their eligibility for continuing to be enrolled in the plan as determined by SLOCEA. Pending adoption of these changes to Article 17, the City will maintain the status quo in administering its provisions with respect to all bargaining unit members receiving LTD benefits. Deleted: <#>COVERAGE¶ All employees shall be covered by Long Term Disability Insurance (LTD).¶ COST OF LTD¶ The employee shall pay all costs of the program, which the City shall deduct from employees' paychecks. ¶ ACCUMULATION OF BENEFITS¶ Time-in-service and other City benefits will only accrue when an employee is on City-paid time.¶ COORDINATION OF BENEFITS¶ LTD payments shall be coordinated with accumulated paid time so that take home pay will not exceed regular take home pay. Paid time is defined as vacation, sick leave, CTO, and holiday.¶ The coordination of payments will be administered by the City. The employee must take his/her uncashed LTD benefit check to Finance.¶ Determination of the use of paid time for coordination of benefits shall be made by the City. Employees on disability leave shall be required to use all accumulated paid time prior to using unpaid time.¶ Employees who receive LTD benefits shall receive credit for a portion of the paid leave used to cover their absence. To determine the credit, the amount of their LTD benefit shall be divided by their base hourly rate multiplied by 1.4. The credit shall be prorated if the employee has any non -paid time during the pay period. To receive the credit, the employee must sign his/her LTD benefit check over to the City.¶ ¶ EXAMPLE:Employee uses 80 hours of sick leave.¶ Employee receives $384 from LTD.¶ Employee's hourly rate is $9.67.¶ 1.4 x $9.67 = $13.54¶ $384 / $13.54 = 28.36 hours.¶ The employee receives a credit of 28.36 hours.¶ ¶ ACCRUAL OF BENEFITS WHILE ON LTD LEAVE¶ If an employee has no paid time at the beginning of a pay period, the employee shall neither accrue vacation or sick leave, nor shall the employee receive his/her regular City health payment benefit except as provided in #3 below. To continue health insurance, the employee must pay the entire cost of his/her health coverage for that pay period.¶ If an employee has at least sixteen hours of paid time at the beginning of a pay period, the employee shall receive his/her regular vacation and sick leave accruals.¶ If an employee has any paid time at the beginning of a pay period, the employee shall receive his/her regular City health payment benefit for that pay period. For continuance of medical insurance see Insurance, Article 16, Section A.¶ ¶ WITHDRAWAL FROM LTD¶ If this unit chooses to withdraw from LTD after the required two (2) years membership, it must present a majority petition indicating such desire.¶ ¶ In the event SLOCEA obtains an alternative Long Term Disability provider, the City is willing to meet and confer on coordination of benefits.¶ Item 15 Packet Page 312 28 ARTICLE 18 - HOLIDAYS The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in January - Martin Luther King Jr. Birthday Third Monday in February - Presidents’ Day Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas One-half day before Christmas One-half day before New Year's Day Two Floating Holidays When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as eight (8) hours of paid time off for regular full-time employees and prorated for part-time employees. When Christmas or New Year’s Holiday falls on a Tuesday or Thursday, the City reserves the right to close non-essential City services and offices on Monday or Friday (the day adjacent to the observed holiday). Essential City services are determined at the discretion of the Department Head. Employees scheduled to work in non-essential functions on the days adjacent to the paid holidays would be required to use appropriate personal leave or take the days as non-pay. The City would notify employees of closure of non-essential City Item 15 Packet Page 313 29 services and offices no later than October 31st of the same year in order to provide employees with ample time to plan accordingly. Floating holiday accrual: Employees will be provided two floating holidays (16 hours) in a floating holiday leave bank the pay period that January 1st falls within rather than being accrued twice per year and will be prorated on a per pay period basis if an employee starts later in the year. Employees will have the ability to use floating holiday leave hours at any point during the calendar year. Unused floating holiday leave will not be carried over year to year but can be taken through December 31st of each year. If an employee terminates for any reason, having taken off hours in excess of their prorated share of the floating holiday, the value of the overage will be deducted from the employee’s final paycheck. Deleted: An individual employed on a floating holiday (FH) accrual date shall be credited with eight (8) hours of additional vacation. Use, carry-over, accumulation, etc. of such vacation shall be subject to the same rules and procedures that cover all accrued vacation.¶ ¶ The two floating holidays will be accrued January 1 and July 1.¶ ¶ Effective upon Council Adoption, the remaining eight (8) hours of the 2019 calendar year floating holiday will be provided in a floating holiday leave bank. Going forward, the two floating Deleted: will be provided Deleted: his/her Item 15 Packet Page 314 30 ARTICLE 19 - SICK LEAVE A. Sick leave shall be defined as absence from duty because of illness or off-the-job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Rules governing sick leave: 1. Each incumbent of a line-item position shall accrue sick leave with pay at the rate of twelve (12) days or the prorated shift equivalent for part-time employees per year of continuous service. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the City Manager for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five (5) consecutive working days by personnel in their department. Such proof may be required for periods less than five (5) consecutive working days where there exists an indication of sick leave abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify their immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision, without having a valid reason, will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action. 7. Any employee absent for an extended illness or other physical disability may be required by the Human Resources Director to have an examination by the City's medical examiner, at City expense, prior to reinstatement to the City service. Deleted: his/her Deleted: his/her Item 15 Packet Page 315 31 8. An appointing authority, subject to approval of the Human Resources Director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which impairs their job effectiveness or may endanger the health, safety or welfare of the employee, other employees, or the public. Employees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of the Personnel Rules unless eligible to participate in the City's Catastrophic Leave Policy. For continuation of medical insurance see Insurance, Article 16, Section A. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City nor any right of claim to sickness disability benefits after separation from the services of the City. When an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain Deleted: his/her Item 15 Packet Page 316 32 or other compensation other than business or activity connected with their City employment. 12. Accumulation of sick leave days shall be unlimited. 13. Upon termination of employment by death or retirement the employee or beneficiary may choose: 1) a payout of the employee’s accumulated sick leave balance based on years of service according to the following schedule, 2) to convert a portion or all of the employee’s sick leave balance to service credit in accordance with CalPERS regulations, or, 3) a combination of these two options: (a) Death - 30% (b) Retirement and actual commencement of PERS benefits: (1) After ten years of continuous employment - 10% (2) After fifteen years of continuous employment - 15% (3) After twenty years of continuous employment – 20% (4) After twenty-five years of continuous employment – 25% (5) After thirty years of continuous employment – 30% Deleted: his/her Item 15 Packet Page 317 33 ARTICLE 20 - BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be absent from duty due to the death of an employee’s family member as defined in Article 21, Section C, provided such leave as defined in this section shall not exceed five (5) working days (40 hours) for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. Item 15 Packet Page 318 34 ARTICLE 21 - FAMILY LEAVE A. An employee may take up to six (6) days (48 hours) of sick leave per year if required to be away from the job to personally care for a member of their family. B. An employee may take up to seven (7) days (56 hours) of sick leave per year if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. C. For purposes of this Article, family is defined as spouse/domestic partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister, grandparent, or any other relative as defined by Labor Code 233 and/or Assembly Bill 1522. D. The amounts shown in A, B, and C above are annual maximums, not maximums per qualifying family member. E. In conjunction with existing leave benefits, employees with one year of City service who have worked at least 1250 hours in the last year, may be eligible for up to 12 weeks of Family/Medical Leave in accordance with the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) within any 12-month period. FMLA can be used for: 1. A new child through birth, adoption or foster care (maternal or paternal leave). 2. A seriously ill child, spouse or parent who requires hospitalization or continuing treatment by a physician. 3. Placement of an employee's child for adoption or foster care. 4. A serious health condition which makes the employee unable to perform the functions of his or her position. This leave shall be in addition to leave available to employees under the existing four- month Pregnancy-Disability Leave provided by California law. Paid leave, if used for family leave purposes or personal illness, will be subtracted from the 12 weeks allowed by FMLA/CFRA. Employees must use all available vacation, compensatory time off, floating holiday, and sick leave prior to receiving unpaid FMLA/CFRA leave. Effective March 2019, in the event an employee is caring for a family member and is covered Deleted: his/her Deleted: Effective upon Council Adoption, In Item 15 Packet Page 319 35 under FMLA/CFRA, they will be able to use all accrued sick leave to care for a family member. Employees on FMLA/CFRA will continue to receive the City's contribution toward the cost of health insurance premiums. However, employees who receive cash back under the City's Cafeteria Plan will not receive that cash during the FMLA/CFRA. Only City group health insurance premiums will be paid by the City. If an employee does not return to work following FMLA/CFRA leave, the City may collect from the employee the amount paid for health insurance by the City during the leave. There are two exceptions to this rule: 1. The continuation of a serious health condition of the employee or a covered family member prevents the return. 2. Circumstances beyond the employee's control. Further details on FMLA/CFRA leaves, are available through the City's Policies and Procedures on Leaves and in accordance with the law. Deleted: s/he Deleted: Flexible Benefit Deleted: "Guide to Family/Leave Program." Item 15 Packet Page 320 36 ARTICLE 22 - VACATION LEAVE A. Each incumbent of a 40 hour a week line-item position shall accrue vacation leave at the following rates. Part-time employees will accrue a prorated amount of vacation leave. Years of Service Annual Vacation Accrual Days* Annual Vacation Accrual Hours 0 to 5 years 12 days 96 hours 5 to 10 years 15 days 120 hours 10 to 20 years 18 days 144 hours 20+ years 20 days 160 hours *One vacation day is equivalent to eight (8) hours for a 40-hour per week line-item position B. An incumbent is not eligible to use accrued vacation leave until it has been accrued and approved as provided below. C. A regular employee who leaves the City service shall receive payment for any unused vacation leave. D. It is the employee's responsibility to request and use vacation leave in a manner that neither jeopardizes their vacation balance nor the efficiency of the work unit. Vacation schedules must be reviewed by management prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. Management may not deny an employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, management may approve a two-month extension of maximum vacation accrual. In no event shall more than one such extension be granted in any calendar year. E. Any employee who is on approved vacation leave and becomes eligible for sick leave, as defined in Section 2.36.420 of the Municipal Code, may have such time credited as sick leave under the following conditions: Deleted: with pay at the rate of 12 days (96 hours) per year of continuous service since the benefit date for the first five years, 15 days (120 hours) per year upon completion of five years, 18 days (144 hours) per year upon completion of ten years, and 20 days (160 hours) upon completion of twenty years.… Item 15 Packet Page 321 37 1. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work. 2. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 - 1978 Series). F. Vacation leave shall be accrued as earned through the last pay day in December, up to a maximum of twice the annual rate. Effective April 2019, SLOCEA employees vacation time shall not exceed twice the annual rate. If an employee reaches the cap at any time throughout the year, the employee will stop accruing vacation leave. G. All employees in this unit are eligible, once in December, to request payment for up to forty (40) hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. If an employee reaches the annual accrual cap before December and is eligible for cash out as defined above, the employee will be able to request vacation payment one additional time during the calendar year, in addition to the December cash out. However, no more than 40 hours of unused vacation leave will be paid out in any calendar year. Employees must have eighty (80) hours of accrued vacation leave to be eligible for cash out in December. Upon request, vacation sellback payments shall be made by separate check. Item 15 Packet Page 322 38 ARTICLE 23 - WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on-the-job injury in accordance with state workers' compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between their base salary and the amount provided by workers' compensation during the first 90 business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. For continuation of medical insurance see Insurance, Article 16, Section A. Deleted: his/her Item 15 Packet Page 323 39 ARTICLE 24 - WORK SCHEDULE Employees shall be scheduled to work on regular work shifts having regular starting and quitting times. Except for emergencies, employees' work shifts shall not be changed without reasonable prior written notice to the employee and the Human Resources Director. At least 14 days’ notice will normally be given, but in no event will less than seven days’ notice be given, for an ordered work shift change. Neither callback nor overtime constitutes a change in work shift. All references to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as one (1) day being equivalent to eight (8) hours. Item 15 Packet Page 324 40 ARTICLE 25 - PROBATION PERIOD All new appointments in line-item positions in the classified service shall be subject to a probationary period of one year. Promotions or transfers to line-item positions within the general unit in the classified service shall be subject to a probationary period of six months. The probationary period may be extended or reinstated if further employee evaluation is deemed necessary for up to six months upon the written recommendation of the department head and the written approval of the Human Resources Director. Employees not successfully passing a promotional or transfer probation or voluntarily requesting to have the promotion rescinded during the first 90 calendar days of the probationary period shall be returned to their previously held position without notice or hearing. If the cause for not passing probation was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. If no vacancy exists, the name of the employee may be placed on a Reemployment List per Article 29, Layoffs, Section B. Item 15 Packet Page 325 41 ARTICLE 26 - PERFORMANCE EVALUATIONS All regular full-time employees shall receive an annual written performance evaluation from their supervisor within thirty (30) days of the employee’s anniversary date, absent exceptional circumstances. All regular full-time probationary employees shall receive quarterly written performance evaluations within (30) days following the due date from their supervisor, absent exceptional circumstances. The performance evaluation scale consists of the following three categories: Exceeds Performance Standards, Meets Performance Standards, and Below Performance Standards. Deleted: Effective March 1, 2019 following Council Adoption, the … Deleted: will be modified from its existing five categories (Outstanding, Exceeds Expectations, Meets Expectations, Needs Some Improvement, Does Not Meet Minimum Requirements) to … Deleted: Deleted: ( Deleted: ) Item 15 Packet Page 326 42 ARTICLE 27 - AMERICANS WITH DISABILITIES ACT The City and Association acknowledge the passage of the Americans with Disabilities Act. It is agreed that the City shall take all necessary actions to comply with the provisions of this Act. If necessary, sections of this Memorandum of Agreement and/or the City Personnel Rules may be suspended in order to achieve compliance. Item 15 Packet Page 327 43 ARTICLE 28 - TRANSFER A. TRANSFER PROCESS Upon proper notice and concurrence by the City Manager, an employee may be transferred by the appointing authority from one position to another in the same pay range provided they possess the minimum qualifications as determined by the Human Resources Director. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Manager orders the transfer for purposes of economy and efficiency. The employee shall be given five (5) business days' written notice of the transfer including the reason for the change. Deleted: he/she Deleted: es Item 15 Packet Page 328 44 ARTICLE 29 - LAYOFFS LAYOFF PROCEDURE In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall determine when and in what position or classifications layoffs are to occur. The Human Resources Director shall be responsible for the implementation of a layoff order of the City Council in accordance with the procedures outlined below: A. After determining which job classification within a department shall be laid off, the order of layoffs shall be as follows: 1. Temporary/supplemental and contract employees, in the order to be determined by the appointing authority; 2. Probationary employees (promotional probation excluded), in the order to be determined by the appointing authority; For regular employees, layoffs shall be governed by job performance and seniority in service within a particular department and job classification. For the purpose of implementing this provision, job performance categories shall be defined as follows: Category 1: Performance that is below performance standards. Performance defined by this category is evidenced by the employee's two most recent performance evaluations with an overall rating that falls in the lowest performance evaluation category: Below Performance Standards. Category 2: Performance that is competent, superior, meets expectations, meets performance standards, exceeds performance standards and expectations or is outstanding. Performance defined by this category is evidenced by an employee's two most recent performance evaluations with an overall rating that falls within the Meets Performance Standards or Exceeds Performance Standards performance evaluation categories. Deleted: unsatisfactory, below standard, needs improvement, unacceptable or does not meet minimum standards… Deleted: within the lowest two categories of the performance appraisal report. Deleted: top two or three performance categories of the performance appraisal Item 15 Packet Page 329 45 A regular employee being laid off shall be that employee with the least seniority in the particular job classification concerned and in the department involved who is in the lowest job performance category. Employees in Category 1 with the lowest seniority will be laid off first, followed by employees in Category 2. Should the two performance evaluations contain overall ratings that are in the two different Categories as defined above, the third most recent evaluation overall rating shall be used to determine which performance category the City shall use in determining order of layoffs. a. In the event two or more employees in the same job classification are in the same job performance category, the employee with the least amount of service with the City shall be laid off first. b. Transfer to another department in lieu of layoff is authorized upon approval of the department needs, if there is a vacancy and the employee meets the minimum job requirements. c. Regular part time employees shall receive prorated seniority credit. B. Laid Off Employees on Reemployment List. The names of employees who have been laid off shall be placed on the appropriate Reemployment List for one year. The recall of employees will be in reverse order of layoff, depending upon City requirements. Reemployment lists shall be used for filling those classes requiring substantially the same minimum qualifications, duties and responsibilities of the class from which the layoff was made. C. Appointment of Laid-Off Employees to Vacant Class. An appointing authority may, with the approval of the department head and the Human Resources Director and in agreement with the employee, appoint an employee who is to be laid off to a vacancy in a vacant class for which he or she is qualified. Item 15 Packet Page 330 46 D. Employee reassignments (bumping procedure): 1. Employees who have been promoted during their service with the City may bump back one classification in their career series, or to a position within a classification they formerly held, if there is an employee in the lower previously held classification with less seniority than the employee who wants to bump. Seniority for the purpose of this section shall mean time in the position in the lower classification plus time in other classifications. For example, (1) an employee attempting to bump to Accounting Assistant II from Accounting Assistant III would utilize their combined time as a II and III in determining whether or not they had more seniority than an individual in the II classification. (2) An employee attempting to bump to a Parks Maintenance Specialist from a Sweeper Operator position would utilize their combined time in each respective position to determine seniority. 2. Reassignment rights may be exercised only once in connection with any one layoff, and shall be exercised within seven (7) calendar days from the date of the notice of the layoff, by written notice from the employee. 3. The bumping right shall be considered exercised by the displacement of another employee with lesser total service or by the acceptance of a vacant position in the class with the same or lower salary. 4. Full time and part time regular employees shall have bumping rights for either full time regular or part time regular positions. 5. Notwithstanding the foregoing, if the City Manager determines that the public interest will not be served by application of the above criteria, the City Manager may depart therefrom on the basis of a clearly demonstrable superiority in performance and/or qualifications. 6. Employees on layoff shall be offered reemployment in the inverse order of layoff, provided no intervening factors have occurred which essentially change the ability of the employee to perform the offered employment. Deleted: Worker II Deleted: Street Painter Item 15 Packet Page 331 47 E. Employment programs with special requirements will be administered in accordance with appropriate Federal or State guidelines and directives. F. The City will notify recognized employee organizations of the effective date of any reduction in force concurrent with the notice to the affected employee(s) pursuant to G, below. G. Notice of Layoff to Employees. An employee to be laid-off shall be notified in writing of the impending action at least thirty (30) calendar days in advance of the effective date of the lay-off. The notice shall include the following information: 1. Reason for lay-off. 2. Effective date of layoff. 3. Employee rights as provided in these rules. H. Removal of Names from Reemployment Lists. The Human Resources Director may remove an employee's name from a reinstatement list if any of the following occur: 1. The individual indicates that they will be unable to return to employment with the City during the life of the list; or 2. The individual cannot be reached after reasonable efforts have been made to do so. The City shall utilize certified mail when contacting individuals; or 3. The individual refuses two reemployment offers. Individuals shall have ten (10) days to respond to the offer of reemployment and an additional fourteen (14) days to return to work. K. Employee Rights and Responsibilities. In addition to rights identified herein, employees affected by these procedures shall also have the following rights: 1. Through prior arrangement with their immediate supervisor an employee who has been notified of the impending layoff shall be granted Deleted: he/she Deleted: his/her Deleted: his/her Item 15 Packet Page 332 48 reasonable time off without loss of pay to participate in a prescheduled interview or test for other employment. 2. An employee who has been laid off shall be paid in full for their unused accrued vacation leave on the effective date of the layoff. 3. When an individual is reemployed they shall be entitled to: a. Retain their seniority date. b. Accrue vacation leave at the same rate at which it was accrued at the time of the layoff. c. Have any unused sick leave reinstated. An individual reemployed into the job classification from which they were laid off shall be assigned to the same salary range and step they held at the time of the layoff. An individual reemployed into a job classification other than the classification from which they were laid off shall be assigned to the salary range of the new classification at the amount closest to the salary they earned at the time of the layoff. An individual reemployed into the classification from which they were laid off while still a probationary employee shall complete, upon return to the job, the remaining portion of the probationary period, if any, in effect at the time of the layoff. Similarly, an individual who is reemployed shall complete upon return to the job the same work time they would have had to work at the time of the layoff to attain a higher vacation leave accrual rate or to become eligible for a salary step increase, if such changes are possible. Deleted: his/her Deleted: he/she Deleted: his/her Deleted: he/she Deleted: was Deleted: he/she Deleted: he/she was Deleted: he/she Deleted: he/she Deleted: was Deleted: his/her Deleted: he/she Item 15 Packet Page 333 49 ARTICLE 30 - MODIFIED DUTY ASSIGNMENT If an employee's medical condition temporarily precludes the performance of their normal duties and management determines modified work is available and necessary to be performed, he or she may, with medical authorization, be temporarily assigned to such work for a period not to exceed six months. No change in base pay will result unless the duties to be performed are substantially greater or lesser than those normally performed by the employee and the employee's current pay rate is not within the pay range for the temporarily assigned work. In no event shall any employee's current pay rate be reduced more than four (4) ranges at the same step. Deleted: his/her Item 15 Packet Page 334 50 ARTICLE 31 - CLASS "A & B" PHYSICALS The City will pay for costs for physical exams not covered by City insurance policies required for those employees required by the City to hold valid Class "A or B" California drivers licenses. Item 15 Packet Page 335 51 ARTICLE 32 - UNIFORM AND UNIFORM ALLOWANCE A. All employees required to wear City uniforms shall be provided clean uniforms. A uniform includes either one shirt and pants combination or one pair of coveralls. B. Uniforms and work shoes shall only be used on City business. C. Employees required to wear City uniforms shall only be permitted to wear other clothing for medical reasons upon submission of a letter from the city doctor certifying that the city uniform is injurious to their health. Decisions regarding this paragraph shall be made by the Human Resources Director on a case-by-case basis. Item 15 Packet Page 336 52 ARTICLE 33 - SAFETY PROGRAM The City shall continue a compensation program for safety representatives on the basis that each designated safety member shall be compensated at the rate of $10.00 per month. The description of the duties of a safety committee member shall be designed by the Human Resources Director or designee. The intent of the safety representatives is to assist the Human Resources Director and the overall safety program in reducing accidents by reporting hazardous conditions. Deleted: his/her Item 15 Packet Page 337 53 ARTICLE 34 - EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. Item 15 Packet Page 338 54 ARTICLE 35 - GRIEVANCE PROCEDURE A grievance is defined as an alleged violation, misinterpretation or misapplication of the employer-employee resolution, the Personnel Rules and Regulations, any Memorandum of Agreement, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany him/her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within fifteen (15) business days of the response of the supervisor's immediate superior but in no event later than thirty (30) calendar days after the occurrence of the event giving rise to the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen (15) business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. C. If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the Human Resources Director within seven (7) business days of receiving the department head’s decision. The Human Resources Director shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable. Item 15 Packet Page 339 55 D. The results of findings of such conferences and investigations shall be submitted to the City Manager in writing within fifteen (15) business days of receiving the employee's written request. The City Manager will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Manager's decision and reason if denied shall be in writing and given to the employee within twenty (20) business days of receiving the Human Resources Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. If such is the case, the employee will have ten (10) business days following receipt of the City Manager's decision to submit a written request to the Personnel Board through the Human Resources Director for a review of the decision. The Personnel Board within thirty (30) business days shall review the record and either (1) issue an advisory opinion to the City Manager; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends overruling or modifying the City Manager's decision, the City Manager shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) business days of the Board's action. If appealed, the City Council shall review the case on the record and render a final decision within thirty (30) business days of submittal. E. In the case of grievances alleging a violation, misinterpretation, or misapplication of an express provision(s) of this MOA, any appeal from the City Manager’s decision shall be submitted to final and binding arbitration. Selection of the arbitrator and the hearing procedures to be followed shall be in accordance with Section 2.36.360 - Grievance Procedure F.2 a, b, d of the Personnel Rules and Regulations. The hearing officer’s jurisdiction under this subsection shall be limited to alleged violations, misinterpretation, or misapplication of express provisions of this MOA. The hearing officer’s decision will be final and binding. Item 15 Packet Page 340 56 ARTICLE 36 - REPRESENTATIVE ROLE A. Members of any recognized employee organization may, by a reasonable method, select not more than seven (7) employee members of such organization to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee organization shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item 2 below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. B. Association members will donate a total of 300 hours per year (inclusive of any carryover time) of vacation time off to an Association “time bank” under the following guidelines: (1) Prior to the first full pay period of July each calendar year, the Association Board of Directors shall determine the number of hours remaining in the Association time bank. The Association President shall give notice to Payroll Item 15 Packet Page 341 57 and the number of hours shall be subtracted from the maximum number of time bank hours of 300 hours. The difference between the actual number of hours and the 300-hour maximum will be divided by the number of represented Association employees. Each represented employee shall then contribute an equal number of vacation hours to be debited by the City to maintain the 300-hour time bank. a. Only Association officers, directors or bargaining team members may draw from the time bank. b. Requests to use time from the time bank must be made reasonably in advance of the use. Approval is subject to the operational necessity of the departments and normal time off approval processes. Item 15 Packet Page 342 58 ARTICLE 37 - COMMITTEE REPRESENTATION A. If the Human Resources Director establishes a committee to study possible changes which will affect significant numbers of employees in the unit in subjects within the scope of representation, and if the Human Resources Director includes unit members on the committee, such committee members shall be designated by the Human Resources Director after consultation with the Association. This unit shall have the same number of committee members as each other unit has. B. Two representatives of the bargaining unit designated by the Association and two representatives of management designated by the City shall meet on an as-needed basis to discuss issues of concern to the parties. Item 15 Packet Page 343 59 ARTICLE 38 - DUES DEDUCTION A. The City agrees to automatically deduct from bargaining unit member’s pay SLOCEA dues and other SLOCEA assessments as authorized and certified by SLOCEA. Certification by SLOCEA will be in writing and directed to the City’s Finance Director or designee. Requests to cancel or change deductions once certified by SLOCEA will be directed to SLOCEA rather than to the City. The City shall rely on the information provided by SLOCEA regarding whether the deductions were properly deducted, cancelled or changed and SLOCEA will indemnify the City of any claims made by the employee for deductions, cancellations or changes made in reliance on the certification/information to the City by SLOCEA. B. The City further agrees to issue a deposit transfer each payroll period, payable to SLOCEA’s designated financial institution, for the total amount of the individual bargaining unit members deductions for dues and assessments collected during each payroll period. Deleted: his/her Item 15 Packet Page 344 60 ARTICLE 39 - MANAGEMENT RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Item 15 Packet Page 345 61 ARTICLE 40 - PEACEFUL PERFORMANCE A. From July 1, 2019 to June 30, 2022, the Parties agree as follows: The Association shall not hinder, delay, or interfere, coerce employees of the City to hinder, delay, or interfere with the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, or unlawful picketing. B. Employees shall not be locked out or prevented by management officials from performing their assigned duties when such employees are willing and able to perform such duties in the customary manner and at a reasonable level of efficiency, provided there is work to perform. The provisions of this Article replace and supersede the no strike provisions set forth in Resolution 6620 Employer-Employee Relations Resolution. Deleted: If an employee participates in a strike or a concerted work stoppage, the City may apply discipline up to and including discharge. However, nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment.¶ Employee organizations Deleted: <#>In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this article, the City, in addition to any other lawful remedies of disciplinary actions, may by action of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions.¶ Deleted: Any decision made under the provisions of the Article may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal. Item 15 Packet Page 346 62 ARTICLE 41 – WEINGARTEN RIGHTS Upon the employee’s request, an employee may be represented at an investigatory interview if the employee reasonably believes that disciplinary action may result. Prior to the interview, the employee shall be informed of the general nature of the matter being investigated. The employee may request to consult with their representative, if any. If the representative an employee requests is unavailable, the employee may request alternate representation. The City is not obliged to postpone the interview, nor to suggest or secure the alternate representation; however, the employee shall not be required to answer any questions without a representative present, unless the employee voluntarily chooses to do so. Item 15 Packet Page 347 63 ARTICLE 42 – NEW EMPLOYEE ORIENTATION – AB 119 A. The City shall provide ten (10) business days advance notice of new employee orientation for employees who are bargaining unit members represented by SLOCEA. Additionally, the City shall provide the name, job title, and department, contact information to include telephone number, email address and physical address of all new hires within thirty (30) days of the date of hire. The City shall update that same information for all bargaining unit members not less than every one-hundred twenty (120) days. B. The City typically conducts new employee orientations on the first day of the pay period from 9:00-11:00 AM. The City shall permit SLOCEA representatives to meet with new employees for up to one hour following the City’s orientation and will schedule a room for the association representative’s use. C. The City will provide notice of new employee orientations to the SLOCEA President, Vice-President and Secretary via the City’s Outlook calendar software. Human Resources staff will provide written SLOCEA new employee orientation information materials to new hires as requested by SLOCEA during orientations. Item 15 Packet Page 348 64 ARTICLE 43 – PERSONNEL FILE LOG AND SECURITY The City will keep a master log for each file, tracking who accessed the personnel file, on what date, duration of review, and the general purpose. If the City transitions to an electronic system, the parties agree to meet and confer over effects, including tracking who accesses the files. Item 15 Packet Page 349 65 ARTICLE 44 - FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. The Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to meet and confer with respect to any terms and conditions of employment specifically referred to or covered in this Agreement. If, during the term of this Agreement, the City proposes changes to terms and conditions of employment not covered by this Agreement and/or introduces new terms and conditions of employment that fall within the statutory scope of bargaining, the Association will be afforded written notice of such proposed changes and the right to meet and confer upon request prior to implementation of the proposed changes. Deleted: 1 Item 15 Packet Page 350 66 ARTICLE 45 - SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No. 6620. Deleted: 2 Item 15 Packet Page 351 67 ARTICLE 46 - AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Agreement: D. The Association's principal authorized agent shall be the President or Labor Consultant (address: PO BOX 15004, San Luis Obispo, California 93406: (805) 441- 3256). E. Management's principal authorized agent shall be the Human Resources Director or designee (address: 990 Palm Street, San Luis Obispo, CA 93401-3249; telephone: (805) 781-7250). Deleted: 3 Deleted: 781-7196 Deleted: his/her duly authorized representative Item 15 Packet Page 352 68 ARTICLE 47 - SIGNATURES Classifications covered by this Agreement and included within this unit are shown in Appendix "A". This Agreement becomes effective December 8, 2020, as witnessed hereto by the following parties: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO CITY EMPLOYEES’ ASSOCIATION ________________________________ _________________________________ Richard Bolanos, City Chief Negotiator Dale E. Strobridge, SLOCEA Chief Negotiator ________________________________ _________________________________ Monica Irons, Human Resources Director Ron Faria, SLOCEA President ________________________________ _________________________________ Nickole Sutter, Human Resources Manager Tracy J. Jones, SLOCEA General Counsel Other SLOCEA Negotiating Team Members Anthony Whipple Brian Lindsey Dan Liddell Rebecca Cox Ryan Dale Deleted: 4 Deleted: February 19, 2019 Item 15 Packet Page 353 69 APPENDIX A - CLASSIFICATIONS The classifications listed below are those classifications represented by the Association and are presented alphabetically which does not illustrate job families nor functional groupings as shown in previous MOA’s. . Accounting Assistant I . Accounting Assistant II . Accounting Assistant III . Administrative Assistant I . Administrative Assistant II . Administrative Assistant III Application Systems Specialist . Assistant Planner Associate Planner . Building Inspector I . Building Inspector II . Code Enforcement Officer I . Code Enforcement Officer II Code Enforcement Technician I Code Enforcement Technician II Control Systems Administrator Deputy City Clerk I Deputy City Clerk II . Engineer I . Engineer II . Engineer III . Engineering Inspector I . Engineering Inspector II . Engineering Inspector III . Engineering Inspector IV . Engineering Technician I . Engineering Technician II . Engineering Technician III Enterprise System Database Administrator Environmental Compliance Inspector Equipment Operator Facilities Maintenance Technician SBP . GIS Specialist I . GIS Specialist II Golf Maintenance Crew Coordinator Deleted: Control Systems Technician¶ Database Administrator¶ Item 15 Packet Page 354 70 Heavy Equipment Mechanic Information Technology Assistant Information Technology Systems Engineer Laboratory Analyst SBP . Maintenance Worker I - Parks . Maintenance Worker II - Parks . Maintenance Worker III - Parks Mechanic Helper Parking Coordinator Parking Enforcement Officer I Parking Enforcement Officer II Parking Meter Repair Worker Parks Crew Coordinator Parks Maintenance Specialist SBP . Permit Technician I . Permit Technician II . Planning Technician Plans Examiner Ranger Maintenance Worker Recreation Coordinator Signal and Street Lighting Technician Solid Waste and Recycling Coordinator Streets Crew Coordinator Streets Maintenance Operator SBP Supervising Administrative Assistant Supervising Utility Billing Assistant Sweeper Operator Systems Integration Administrator Tourism Coordinator Transit Assistant Transit Coordinator . Transportation Planner-Engineer I . Transportation Planner-Engineer II . Transportation Planner-Engineer III Underground Utilities Locator Urban Forester SBP Utility Billing Assistant Wastewater Collection System Operator SBP Water Distribution Chief Operator Water Distribution System Operator SBP Water Resource Recovery Facility Chief Maintenance Technician Water Resource Recovery Facility Chief Operator Water Resource Recovery Facility Maintenance Technician SBP Water Resource Recovery Facility Operator SBP Deleted: Network Administrator Item 15 Packet Page 355 71 Water Resources Technician Water Supply Operator SBP Water Treatment Plant Chief Maintenance Techni cian Water Treatment Plant Chief Operator Water Treatment Plant Operator SBP . Denotes positions within a career series Deleted: Water Treatment Plant Maintenance Technician SBP Item 15 Packet Page 356 72 APPENDIX B - SKILLS BASED PAY GUIDANCE DOCUMENT Skills Based Pay – Guidance Document Skills Based Pay is a pay/classification system which establishes employee pay and position within a broad pay scale based on the employee’s demonstrated knowledge, skills, and abilities as compared to a defined criterion for each position. This is a different pay/classification model than the traditional time in-grade system. Benefits of the Skills Based Pay Program are: 1. Promotes teamwork and provides incentive for employees to be their best. 2. Allows natural leaders to flourish and individual strengths to surface. 3. Encourages cross-training of employees and sets mandatory skill levels within a classification to ensure a flexible, highly skilled workforce. 4. Eliminates traditional hierarchy of multiple classifications and in lieu, provides a single broad pay and classification range, reducing artificial barriers to career progression. 5. An employee’s step within their range will be based on employee’s value to the organization as measured by demonstrated knowledge, skills, performance and abilities. 6. Employee progression through the steps in a range occurs at a rate commensurate with their ability. 7. Expectations for personnel are reflected in the Skills Based Pay Criteria. Employees demonstrating exceptional performance and development, who are able to meet the defined criteria for progression, can progress at a rate faster than one step per year. Conversely, employees unable to demonstrate the required performance, knowledge, skills, and abilities required to progress to the next step as defined in the criteria, will not progress. Classifications Covered Under Program Step System Skills Based Pay Department Date started SBP Building Maintenance Worker I – III &Technician Facilities Maintenance Technician Public Works April 9, 2015 Heavy Equipment Mechanic Fleet Maintenance Technician Public Works N/A Parks Maintenance Worker I – III Parks Maintenance Specialist Public Works June 30, 2016 Item 15 Packet Page 357 73 Street Maintenance Worker IIII & Heavy Equipment Operator II Streets Maintenance Operator Public Works April 9, 2015 Tree Trimmer I – II Urban Forester Public Works April 9, 2015 Lab Analyst I - II Laboratory Analyst Utilities January 22, 2002 Utility Worker I – III WWC Wastewater Collection System Operator Utilities January 22, 2002 Utility Worker I – III Water Dist. Water Distribution System Operator Utilities January 22, 2002 Operator Trainee WRF Operator I - III WRF Water Resource Recovery Facility Operator Utilities January 22, 2002 Water Service Operator I - III Water Supply Operator Utilities January 22, 2002 Operator I – III WTP Water Treatment Plant Operator Utilities January 22, 2002 Maintenance Technician I - II Water Resource Recovery Facility Maintenance Technician Utilities January 22, 2002 1. Step Criteria The evaluation criteria for classifications are broken down into 9 separate steps. Employees must meet all the criteria required of each step, and demonstrate proficiency of each required skill, while continuing to meet all requirements of previous steps achieved. Step 1 identifies the evaluation criteria expected of an entry level employee. Step 2 and 3 reflect stronger and more closely related experience requirements, as well as increasing knowledge and abilities for the classification. Steps 4 through 6 identify ongoing development and demonstration of skill sets up to the point of development of a highly skilled and competent individual in the work classification who is able to lead work and functioning a very independent manner. Attaining step 6 is mandatory and employees must demonstrate ongoing and consistent progress toward achieving this step in order to meet expectations. An employee at Step 6 is considered to have reached full journey level. By having staff function at a full journey level (Step 6), a department has the maximum flexibility in the use of its personnel resources to respond effectively, with skilled journey level employees bringing maximum utility to the organization. Item 15 Packet Page 358 74 Step 7 is primarily represented by an employee who demonstrates the ability to lead or manage a project or program. While the employee will have the ability to do a project much earlier in the steps, the sophistication and complexity of the step 7 project/program will demonstrate the employee’s program and policy comprehension as well as demonstration that the employee possesses an understanding of the department’s overall goals. Step 8 goes further into the personnel job-related leadership skills such as: conflict resolution, time management, team building, staff training and optimization of work duties. Employees at this level are expected to contribute to the growth of the organization through their knowledge of their work duties and a department’s Strategic Plan and other related documents. Step 9 is intended to represent those employees who have achieved the ability to assume the duties of their supervisor for a limited amount of time. Employees at this level would typically be actively involved with professional organizations for the betterment of the industry and the department. Self assessment and the pursuit of additional training / education required to maintain advanced journey level skills are expected of employees at this level. The remaining steps 7 through 9 increasingly incorporate the knowledge, skills, performance and abilities of a fully developed, advanced journey level employee, with excellent technical, interpersonal, and professional skills, emphasizing the expectation that all employees be able to function independently, lead teams on projects, and be actively involved in their profession. Attaining steps 7 through 9 is desirable, but not mandatory. 2. Step Placement Employees are placed at the step in the criteria, in which they have demonstrated the knowledge, skills, and abilities, required for that step and below. Step criteria will be available for employees to review at least fourteen (14) days prior to an Employment Opportunity Program announcement is made or a section or classification is invited to participate in SBP. For employees working in a classification to be transitioned to the SBP program, each Supervisor will review the criteria individually with staff members, and discuss their placement based on the criteria requirements. Supervisors will then make placement recommendations based on the criteria. Recommendations will be reviewed by the Division Manager prior to final approval by the Department Director and the Human Resources Director. New Hires Newly hired employees shall meet the minimum qualifications as specified in the job description and be placed in the appropriate step of the criteria based on their knowledge, skills, and abilities ascertained through the application and interview process. Placement of new employees above step four in the range requires the approval of the Department Director and the Human Resources Director. Certain City requirements, as identified in the program criteria, will be waived for hiring, but will be required to be completed within the first 12 months of employment in order for the Item 15 Packet Page 359 75 employee to remain at their hired step. Employees failing to meet the requirements may be released from new hire probation, unless there are extenuating circumstances. Transfers to SBP through the Employment Opportunity Program (EOP) Employees transferring into SBP from another SBP or Non-SBP classification through their application for an open position and selection by an appointing authority shall meet the minimum qualifications as specified in the job description and shall be placed in the appropriate step of the criteria based on their knowledge, skills, and abilities. If the employee’s current salary exceeds that of the pay step that corresponds to the skill step at which they have been placed in the SBP criteria, the employee will be paid the lower salary step based on their SBP step placement. Transfer employees are subject to a probationary period and reinstatement terms as provided in the SLOCEA MOA. Certain City requirements, as identified in the program criteria, will be required to be completed within the first 12 months of transfer in order for the employee to remain at their transferred step. Transition from Traditional Pay Plan to SBP by Section or Classification/Reclassification When an entire Section or Classification transitions to SBP, the supervisor will evaluate the skills of each employee and assign them to a skill step in the SBP criteria. If an employee’s salary immediately prior to transfer is lower than the salary corresponding to the skill step at which the employee is placed, the employee’s salary will be increased to the appropriate pay step. However, if any affected employee’s current salary exceeds that of the pay step corresponding to the skill step at which they have been placed in the SBP criteria, the employee will be paid his/her current salary. S/he may receive their existing salary for up to two years until they are able to satisfy the appropriate criteria that meets or exceeds their salary. Employees paid above the step criteria to which they are assigned shall be considered Y rated (not performing up to established job standards due to transfer to SBP). However, these employees shall be eligible to receive cost of living, equity, or other salary adjustments authorized by Council through resolution for up to two years from date of transfer into SBP. 3. Training and Certifications Supervisors will work closely with employees in identifying individual training needs, and providing work experience and certification programs. Training is a class or activity while certification requires written or hands-on testing. Supervisors are actively involved in employee training, certification, and work rotation for certain tasks and processes among staff. The City will pay for required training and certifications identified in the SBP criteria. Certifications for equipment will be available from either formal outside programs or standardized internal testing. Employees may seek additional training in order to facilitate skills development and progression through the SBP criteria. The City may fund costs for optional training if it is pre-approved. Any equipment and software lists referenced in the SBP criteria, will be updated regularly to reflect current equipment and software used. When new equipment and software are obtained for the program which requires training and certification, the Supervisor will identify or develop a plan to achieve certification and training. Employees will then be given the opportunity to complete a training and certification program as scheduled by the Supervisor, to maintain their existing step Item 15 Packet Page 360 76 placement or as part of advancement, or, as in some classifications, to meet Federal and State mandated requirements. 4. Performance Evaluations and Step Adjustments Employee evaluations with development plans will follow current Personnel Rules and Regulations. At the time of performance evaluation, Supervisors will discuss with the employee what areas of the SBP criteria have been achieved during the previous year, what criteria need to be completed to achieve the next steps, and the status of achieving or maintaining Step 6. This information will be documented in the development plan of the evaluation along with any information on efforts needed to maintain step status. Attainment of higher levels in Skills Based Pay will be commensurate with the higher expectations of the employee at those levels. Employees will not be rated or denied placement at higher levels based on the number or performance of other employees at a given step. There will be no limits placed on the amount of Step 7, 8, or 9 employees within a work section. Employees may advance multiple steps during a single evaluation cycle, provided they meet the SBP criteria for each step. Employee evaluations are completed quarterly for probationary employees, and at a minimum, completed annually for non-probationary employees. Placement adjustments are recommended by the supervisor and made at the time of the employee’s evaluation. Adjustments may include more than one step at each evaluation, depending upon completion of step criteria. Employees may receive pay adjustments for meeting all criteria associated with the next step, outside of the annual review process for those items of the SBP criteria specifically identified as eligible items in the most recent evaluation development plan, for mid-year adjustment. No additional evaluation is required; however, any such mid-year adjustment must have been clearly identified in the prior appraisal. Employees are responsible to provide any documentation needed for the adjustment to their supervisor. Employees failing to maintain performance and demonstrate competence through their current placement within a step in a range will be subject to movement to a lower step in accordance with MOA and Personnel Rules and Regulations. All recommendations made by supervisors for employee step increases shall be subject to review and approval by the department head and Human Resources. Employees wishing to appeal their placement within a step in a range may appeal to the division manager and the department head. 5. Rules and Regulations All Personnel Rules and Regulations, Memorandum of Agreement (MOA,) and other policies and guidelines of the City and the department shall remain to govern the appropriate conduct of the employee and the organization. Nothing in this program of skills based pay shall supersede the City’s authority or the employee’s rights under the referenced documents. Item 15 Packet Page 361 77 6. Program Participation New classification(s) or section(s) can be identified to transition to Skills Based Pay, by either the City or SLOCEA. Upon mutual agreement the classification(s) or section(s) will be considered to be under a pilot program to evaluate effectiveness. Pilot programs are typically one year in duration, but can be extended to two years at the recommendation of the employees in the affected classification(s) or section(s) as communicated to the City by SLOCEA. At the end of the pilot program, SLOCEA will notify the City that the affected classification(s) or section(s) will either continue in the Skills Based Pay Program or terminate participation. 7. Program Review and Modification The affected department(s) will assemble a review committee made up of, at minimum, a representative from Human Resources, a representative from each classification, a representative from the SLOCEA Board, and a manager from the department(s), to review in detail all program components, including changes made to criteria, appropriateness, equity of the evaluation criteria, issues with implementation, including perceived inconsistencies, progress in employee development and availability of opportunities, and noted benefits to the City and its employees. The Committee will meet, at a minimum, every six months during the pilot phase of the program, and annually thereafter, with a goal of timely resolution of issues and ongoing consistency. Recommended changes to the Guidance Document will be subject to the meet and confer process prior to implementation. The step criteria for each classification will periodically require updating or modification in order to adequately represent changing needs of the organization and the demands of the various positions. Changes in the criteria may be recommended by the affected classification(s), the committee, or management, and reviewed and approved by the Department Head or his/her designate(s) with concurrence of the Human Resources Director. Human Resources Director Date SLOCEA President Date Monica Irons Ron Faria Item 15 Packet Page 362 78 Deleted: APPENDIX C – BACK PAY OVERTIME SUMMARY BY EMPLOYEE¶ Employee ID ... Item 15 Packet Page 363 CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective12/10/2020 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 ACCOUNTANT 22300 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ ACCOUNTING ASSISTANT I 41400 417 CEA 1,631$ 1,717$ 1,807$ 1,902$ 2,002$ -$ -$ -$ -$ ACCOUNTING ASSISTANT II 42400 419 CEA 1,718$ 1,808$ 1,903$ 2,003$ 2,108$ -$ -$ -$ -$ ACCOUNTING ASSISTANT III 43400 421 CEA 1,809$ 1,904$ 2,004$ 2,109$ 2,220$ -$ -$ -$ -$ ACCOUNTING MANAGER 26200 347 MME 3,862$ 3,862$ 3,862$ 3,862$ 4,827$ -$ -$ -$ -$ ACTIVE TRANSPORTATION MANAGER 22301 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ ADMINISTRATION EXECUTIVE ASSISTANT 33100 365 CFE 2,049$ 2,157$ 2,271$ 2,391$ 2,517$ -$ -$ -$ -$ ADMINISTRATIVE ANALYST 22302 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ ADMINISTRATIVE ASSISTANT I 41700 417 CEA 1,631$ 1,717$ 1,807$ 1,902$ 2,002$ -$ -$ -$ -$ ADMINISTRATIVE ASSISTANT II 42700 419 CEA 1,718$ 1,808$ 1,903$ 2,003$ 2,108$ -$ -$ -$ -$ ADMINISTRATIVE ASSISTANT III 43700 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ APPLICATION SYSTEM SPECIALIST 42401 439 CEA 2,885$ 3,037$ 3,197$ 3,365$ 3,542$ -$ -$ -$ -$ ASSISTANT CITY ATTORNEY I 25100 353 MME 4,110$ 4,110$ 4,110$ 4,110$ 5,136$ -$ -$ -$ -$ ASSISTANT CITY ATTORNEY II 25102 253 MME 4,725$ 4,725$ 4,725$ 4,725$ 5,906$ -$ -$ -$ -$ ASSISTANT CITY MANAGER 27100 282 DPH 6,277$ 6,277$ 6,277$ 6,277$ 7,849$ -$ -$ -$ -$ ASSISTANT PLANNER 42402 432 CEA 2,406$ 2,533$ 2,666$ 2,806$ 2,954$ -$ -$ -$ -$ ASSISTANT TO THE CITY MANAGER 25101 335 MME 3,437$ 3,437$ 3,437$ 3,437$ 4,295$ -$ -$ -$ -$ ASSOCIATE PLANNER 43300 437 CEA 2,740$ 2,884$ 3,036$ 3,196$ 3,364$ -$ -$ -$ -$ BUILDING AND SAFETY SUPERVISOR 25200 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ BUILDING INSPECTOR I 41500 432 CEA 2,406$ 2,533$ 2,666$ 2,806$ 2,954$ -$ -$ -$ -$ BUILDING INSPECTOR II 44500 435 CEA 2,600$ 2,737$ 2,881$ 3,033$ 3,193$ -$ -$ -$ -$ BUSINESS MANAGER 26111 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ CITY ATTORNEY 28000 210 APO 8,681$ -$ -$ -$ -$ -$ -$ -$ -$ CITY BIOLOGIST 22304 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ CITY CLERK 26000 340 MME 3,608$ 3,608$ 3,608$ 3,608$ 4,510$ -$ -$ -$ -$ CITY COUNCIL MEMBER 18000 104 CCM 565$ -$ -$ -$ -$ -$ -$ -$ -$ CITY MANAGER 28001 220 APO 9,175$ -$ -$ -$ -$ -$ -$ -$ -$ CODE ENFORCEMENT OFFICER I 41501 432 CEA 2,406$ 2,533$ 2,666$ 2,806$ 2,954$ -$ -$ -$ -$ CODE ENFORCEMENT OFFICER II 44501 435 CEA 2,600$ 2,737$ 2,881$ 3,033$ 3,193$ -$ -$ -$ -$ CODE ENFORCEMENT SUPERVISOR 25300 320 MME 2,968$ 2,968$ 2,968$ 2,968$ 3,710$ -$ -$ -$ -$ CODE ENFORCEMENT TECHNICIAN I 41502 421 CEA 1,809$ 1,904$ 2,004$ 2,109$ 2,220$ -$ -$ -$ -$ CODE ENFORCEMENT TECHNICIAN II 42500 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ COMMUNICATIONS COORDINATOR 42703 426 CEA-C 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$ COMMUNICATIONS MANAGER 76000 856 PSO 3,423$ 3,603$ 3,793$ 3,993$ 4,203$ 4,424$ -$ -$ -$ Page 1 of 6 Item 15 Packet Page 364 CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective12/10/2020 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 COMMUNICATIONS SUPERVISOR 75200 855 PSO 2,949$ 3,104$ 3,267$ 3,439$ 3,620$ 3,811$ -$ -$ -$ COMMUNICATIONS TECHNICIAN 62500 712 POA 2,393$ 2,519$ 2,652$ 2,792$ 2,939$ 3,094$ 3,257$ -$ -$ CONSTRUCTION ENGINEERING MANAGER 26202 340 MME 3,608$ 3,608$ 3,608$ 3,608$ 4,510$ -$ -$ -$ -$ CONTROL SYSTEMS ADMINISTRATOR 44400 439 CEA 2,885$ 3,037$ 3,197$ 3,365$ 3,542$ -$ -$ -$ -$ DATA ANALYST 22311 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ DEPUTY CITY CLERK I 41701 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ DEPUTY CITY CLERK II 42701 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ DEPUTY CITY MANAGER 26112 267 DPH 5,456$ 5,456$ 5,456$ 5,456$ 6,823$ -$ -$ -$ -$ DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 26104 249 MME 4,618$ 4,618$ 4,618$ 4,618$ 5,771$ -$ -$ -$ -$ DEPUTY DIRECTOR OF UTILITIES - WASTEWATER 26105 244 MME 4,398$ 4,398$ 4,398$ 4,398$ 5,495$ -$ -$ -$ -$ DEPUTY DIRECTOR OF UTILITIES - WATER 26106 244 MME 4,398$ 4,398$ 4,398$ 4,398$ 5,495$ -$ -$ -$ -$ DEPUTY FIRE CHIEF 26107 257 MME 4,975$ 4,975$ 4,975$ 4,975$ 6,218$ -$ -$ -$ -$ DIRECTOR OF COMMUNITY DEVELOPMENT 27000 267 DPH 5,456$ 5,456$ 5,456$ 5,456$ 6,823$ -$ -$ -$ -$ DIRECTOR OF FINANCE 27001 267 DPH 5,456$ 5,456$ 5,456$ 5,456$ 6,823$ -$ -$ -$ -$ DIRECTOR OF HUMAN RESOURCES 27002 267 DPH 5,456$ 5,456$ 5,456$ 5,456$ 6,823$ -$ -$ -$ -$ DIRECTOR OF PARKS AND RECREATION 27003 267 DPH 5,456$ 5,456$ 5,456$ 5,456$ 6,823$ -$ -$ -$ -$ DIRECTOR OF PUBLIC WORKS 27004 267 DPH 5,456$ 5,456$ 5,456$ 5,456$ 6,823$ -$ -$ -$ -$ DIRECTOR OF UTILITIES 27005 267 DPH 5,456$ 5,456$ 5,456$ 5,456$ 6,823$ -$ -$ -$ -$ ECONOMIC DEVELOPMENT MANAGER 26108 340 MME 3,608$ 3,608$ 3,608$ 3,608$ 4,510$ -$ -$ -$ -$ ENGINEER I 41300 435 CEA 2,600$ 2,737$ 2,881$ 3,033$ 3,193$ -$ -$ -$ -$ ENGINEER II 42300 439 CEA 2,885$ 3,037$ 3,197$ 3,365$ 3,542$ -$ -$ -$ -$ ENGINEER III 43301 442 CEA 3,120$ 3,284$ 3,457$ 3,639$ 3,830$ -$ -$ -$ -$ ENGINEERING INSPECTOR I 41401 430 CEA 2,284$ 2,404$ 2,531$ 2,664$ 2,804$ -$ -$ -$ -$ ENGINEERING INSPECTOR II 42404 433 CEA 2,469$ 2,599$ 2,736$ 2,880$ 3,032$ -$ -$ -$ -$ ENGINEERING INSPECTOR III 43401 439 CEA 2,885$ 3,037$ 3,197$ 3,365$ 3,542$ -$ -$ -$ -$ ENGINEERING INSPECTOR IV 44402 442 CEA 3,120$ 3,284$ 3,457$ 3,639$ 3,830$ -$ -$ -$ -$ ENGINEERING TECHNICIAN I 41402 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ ENGINEERING TECHNICIAN II 42405 425 CEA 2,007$ 2,113$ 2,224$ 2,341$ 2,464$ -$ -$ -$ -$ ENGINEERING TECHNICIAN III 43402 430 CEA 2,284$ 2,404$ 2,531$ 2,664$ 2,804$ -$ -$ -$ -$ ENTERPRISE SYSTEM DATABASE ADMINISTRATOR 44401 439 CEA 2,885$ 3,037$ 3,197$ 3,365$ 3,542$ -$ -$ -$ -$ ENVIRONMENTAL COMPLIANCE INSPECTOR 44403 432 CEA 2,406$ 2,533$ 2,666$ 2,806$ 2,954$ -$ -$ -$ -$ ENVIRONMENTAL PROGRAMS MANAGER 26203 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ EQUIPMENT OPERATOR 42804 422 CEA 1,855$ 1,953$ 2,056$ 2,164$ 2,278$ -$ -$ -$ -$ EVIDENCE TECHNICIAN 62300 715 POA 3,135$ 3,300$ 3,474$ 3,657$ 3,849$ 4,052$ 4,265$ -$ -$ Page 2 of 6 Item 15 Packet Page 365 CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective12/10/2020 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 FACILITIES MAINTENANCE SUPERVISOR 25201 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ FACILITIES MAINTENANCE TECHNICIAN (SBP)42900 450 CEA 1,816$ 1,912$ 2,013$ 2,119$ 2,230$ 2,347$ 2,470$ 2,600$ 2,737$ FINANCIAL ANALYST 22310 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ FINANCIAL SPECIALIST 42412 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ FIRE BATTALION CHIEF 55200 505 FBC 4,471$ 4,706$ 4,954$ 5,215$ 5,489$ 5,778$ -$ -$ -$ FIRE CAPTAIN 54500 621 FFA 3,488$ 3,672$ 3,865$ 4,068$ 4,282$ -$ -$ -$ -$ FIRE CHIEF 27006 272 DPH 5,716$ 5,716$ 5,716$ 5,716$ 7,147$ -$ -$ -$ -$ FIRE ENGINEER 53500 615 FFA 2,985$ 3,142$ 3,307$ 3,481$ 3,664$ -$ -$ -$ -$ FIRE FIGHTER 52500 612 FFA 2,480$ 2,755$ 2,900$ 3,053$ 3,214$ 3,383$ -$ -$ -$ FIRE INSPECTOR I 51400 626 FFA 2,507$ 2,639$ 2,778$ 2,924$ 3,078$ -$ -$ -$ -$ FIRE INSPECTOR II 52400 630 FFA 2,783$ 2,929$ 3,083$ 3,245$ 3,416$ -$ -$ -$ -$ FIRE INSPECTOR III 53400 633 FFA 3,006$ 3,164$ 3,331$ 3,506$ 3,691$ -$ -$ -$ -$ FIRE MARSHAL CHIEF BUILDING OFFICIAL 25202 353 MME 4,110$ 4,110$ 4,110$ 4,110$ 5,136$ -$ -$ -$ -$ FIRE VEHICLE MECHANIC 52800 616 FFA 3,059$ 3,220$ 3,389$ 3,567$ 3,755$ -$ -$ -$ -$ FLEET MAINTENANCE SUPERVISOR 25203 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ GIS SPECIALIST I 42406 433 CEA 2,469$ 2,599$ 2,736$ 2,880$ 3,032$ -$ -$ -$ -$ GIS SPECIALIST II 44404 437 CEA 2,740$ 2,884$ 3,036$ 3,196$ 3,364$ -$ -$ -$ -$ GOLF MAINTENANCE CREW COORDINATOR 44900 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ HAZARDOUS MATERIALS COORDINATOR 54501 617 FFA 3,596$ 3,785$ 3,984$ 4,194$ 4,415$ -$ -$ -$ -$ HEAVY EQUIPMENT MECHANIC 42800 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ HOUSING COORDINATOR 44300 437 CEA 2,740$ 2,884$ 3,036$ 3,196$ 3,364$ -$ -$ -$ -$ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT I 31700 360 CFE 1,721$ 1,812$ 1,907$ 2,007$ 2,113$ -$ -$ -$ -$ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT II 32700 363 CFE 1,812$ 1,907$ 2,007$ 2,113$ 2,224$ -$ -$ -$ -$ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT III 33700 365 CFE 2,049$ 2,157$ 2,271$ 2,391$ 2,517$ -$ -$ -$ -$ HUMAN RESOURCES ANALYST I 21300 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ HUMAN RESOURCES ANALYST II 22305 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ HUMAN RESOURCES INFORMATION SYSTEM TECHNICIAN 32402 363 CFE-C 1,812$ 1,907$ 2,007$ 2,113$ 2,224$ -$ -$ -$ -$ HUMAN RESOURCES MANAGER 26301 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ HUMAN RESOURCES SPECIALIST 32401 368 CFE 2,121$ 2,233$ 2,351$ 2,475$ 2,605$ -$ -$ -$ -$ INFORMATION SERVICES SUPERVISOR 25204 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ INFORMATION TECHNOLOGY ASSISTANT 42407 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ INFORMATION TECHNOLOGY MANAGER 26001 353 MME 4,110$ 4,110$ 4,110$ 4,110$ 5,136$ -$ -$ -$ -$ INFORMATION TECHNOLOGY SUPPORT SERVICES SUPERVISOR 25205 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ INFORMATION TECHNOLOGY SYSTEM ENGINEER 42408 439 CEA 2,885$ 3,037$ 3,197$ 3,365$ 3,542$ -$ -$ -$ -$ Page 3 of 6 Item 15 Packet Page 366 CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective12/10/2020 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 INTERIM DEPUTY DIRECTOR OF UTILITIES - ENGINEERING AND PLANNING 26113 244 MME 4,398$ 4,398$ 4,398$ 4,398$ 5,495$ -$ -$ -$ -$ LABORATORY ANALYST (SBP)42301 456 CEA 2,326$ 2,448$ 2,577$ 2,713$ 2,856$ 3,006$ 3,164$ 3,331$ 3,506$ LABORATORY MANAGER 26204 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ LEAD PROPERTY AND EVIDENCE TECHNICIAN 62400 713 POA 2,383$ 2,508$ 2,640$ 2,779$ 2,925$ 3,079$ 3,241$ -$ -$ LEGAL ASSISTANT 31701 363 CFE 1,812$ 1,907$ 2,007$ 2,113$ 2,224$ -$ -$ -$ -$ LEGAL ASSISTANT/PARALEGAL 33701 369 CFE 2,238$ 2,356$ 2,480$ 2,610$ 2,747$ -$ -$ -$ -$ MAINTENANCE OPERATIONS MANAGER 26210 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ MAINTENANCE WORKER I - PARKS 41900 417 CEA 1,631$ 1,717$ 1,807$ 1,902$ 2,002$ -$ -$ -$ -$ MAINTENANCE WORKER II - PARKS 42901 419 CEA 1,718$ 1,808$ 1,903$ 2,003$ 2,108$ -$ -$ -$ -$ MAINTENANCE WORKER III - PARKS 43900 421 CEA 1,809$ 1,904$ 2,004$ 2,109$ 2,220$ -$ -$ -$ -$ MANAGEMENT FELLOW 36300 300 CFE-C 2,001$ 2,106$ 2,217$ 2,334$ 2,457$ -$ -$ -$ -$ MAYOR 18001 110 CCM 796$ -$ -$ -$ -$ -$ -$ -$ -$ MECHANIC HELPER 41800 417 CEA 1,631$ 1,717$ 1,807$ 1,902$ 2,002$ -$ -$ -$ -$ NEIGHBORHOOD OUTREACH MANAGER 26600 320 MME 2,968$ 2,968$ 2,968$ 2,968$ 3,710$ -$ -$ -$ -$ NETWORK SERVICES SUPERVISOR 25206 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ PARKING COORDINATOR 44200 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ PARKING ENFORCEMENT OFFICER I 41403 420 CEA 1,761$ 1,854$ 1,952$ 2,055$ 2,163$ -$ -$ -$ -$ PARKING ENFORCEMENT OFFICER II 44405 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ PARKING METER REPAIR WORKER 42801 421 CEA 1,809$ 1,904$ 2,004$ 2,109$ 2,220$ -$ -$ -$ -$ PARKING PROGRAM MANAGER 26205 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ PARKING SERVICES SUPERVISOR 25207 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ PARKS CREW COORDINATOR 44901 451 CEA 2,230$ 2,347$ 2,470$ 2,600$ 2,737$ -$ -$ -$ -$ PARKS MAINTENANCE SPECIALIST (SBP)42902 446 CEA 1,634$ 1,720$ 1,810$ 1,905$ 2,005$ 2,111$ 2,222$ 2,339$ 2,462$ PARKS MAINTENANCE SUPERVISOR 25208 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ PERMIT SERVICES COORDINATOR 24200 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ PERMIT TECHNICIAN I 41404 419 CEA 1,718$ 1,808$ 1,903$ 2,003$ 2,108$ -$ -$ -$ -$ PERMIT TECHNICIAN II 42409 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ PLANNING TECHNICIAN 41405 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ PLANS EXAMINER 43403 437 CEA 2,740$ 2,884$ 3,036$ 3,196$ 3,364$ -$ -$ -$ -$ POLICE CADET 61500 706 POA 2,171$ 2,285$ 2,405$ 2,532$ 2,665$ 2,805$ 2,953$ -$ -$ POLICE CAPTAIN 76100 810 PSO 5,280$ 5,558$ 5,850$ 6,158$ 6,482$ 6,823$ -$ -$ -$ POLICE CHIEF 27007 279 DPH 6,519$ 6,519$ 6,519$ 6,519$ 8,149$ -$ -$ -$ -$ POLICE FIELD SERVICES TECHNICIAN 62501 709 POA 2,290$ 2,410$ 2,537$ 2,671$ 2,812$ 2,960$ 3,116$ -$ -$ POLICE LIEUTENANT 75500 805 PSO 4,589$ 4,830$ 5,084$ 5,352$ 5,634$ 5,931$ -$ -$ -$ Page 4 of 6 Item 15 Packet Page 367 CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective12/10/2020 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 POLICE OFFICER 62502 720 POA 2,888$ 3,040$ 3,200$ 3,368$ 3,545$ 3,732$ 3,928$ 4,135$ 4,353$ POLICE RECORDS CLERK I 61700 700 POA 1,760$ 1,853$ 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ -$ -$ POLICE RECORDS CLERK II 62700 703 POA 1,951$ 2,054$ 2,162$ 2,276$ 2,396$ 2,522$ 2,655$ -$ -$ POLICE RECORDS SUPERVISOR 75201 850 PSO 2,661$ 2,801$ 2,948$ 3,103$ 3,266$ 3,438$ -$ -$ -$ POLICE SERGEANT 74500 800 PSO 3,989$ 4,199$ 4,420$ 4,653$ 4,898$ 5,156$ -$ -$ -$ PRINCIPAL BUDGET ANALYST 26201 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ PRINCIPAL PLANNER 26302 340 MME 3,608$ 3,608$ 3,608$ 3,608$ 4,510$ -$ -$ -$ -$ PROPERTY AND EVIDENCE TECHNICIAN 62503 706 POA 2,171$ 2,285$ 2,405$ 2,532$ 2,665$ 2,805$ 2,953$ -$ -$ RANGER MAINTENINANCE WORKER 42903 419 CEA 1,718$ 1,808$ 1,903$ 2,003$ 2,108$ -$ -$ -$ -$ RECREATION COORDINATOR 44600 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ RECREATION MANAGER 26206 320 MME 2,968$ 2,968$ 2,968$ 2,968$ 3,710$ -$ -$ -$ -$ RECREATION SUPERVISOR 25209 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ SAFETY AND RISK ANALYST I 21301 305 MME 2,564$ 2,564$ 2,564$ 2,564$ 3,206$ -$ -$ -$ -$ SAFETY AND RISK ANALYST II 22300 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ SAFETY AND TECHNICAL TRAINING ENGINEER 23300 320 MME 2,968$ 2,968$ 2,968$ 2,968$ 3,710$ -$ -$ -$ -$ SENIOR ACCOUNTANT 24300 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ SENIOR ADMINISTRATIVE ANALYST 24301 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ SENIOR CIVIL ENGINEER 24302 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ SENIOR FINANCIAL ANALYST 24304 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ SENIOR PLANNER 24303 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ SIGNAL AND STREETLIGHT TECHNICIAN 42802 430 CEA 2,284$ 2,404$ 2,531$ 2,664$ 2,804$ -$ -$ -$ -$ SOLID WASTE AND RECYCLING COORDINATOR 44301 437 CEA 2,740$ 2,884$ 3,036$ 3,196$ 3,364$ -$ -$ -$ -$ SPECIAL PROJECTS MANAGER 25305 325 MME-C 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ STREETS CREW COORDINATOR 44902 451 CEA 2,230$ 2,347$ 2,470$ 2,600$ 2,737$ -$ -$ -$ -$ STREETS MAINTENANCE OPERATOR (SBP)42904 446 CEA 1,634$ 1,720$ 1,810$ 1,905$ 2,005$ 2,111$ 2,222$ 2,339$ 2,462$ STREETS MAINTENANCE SUPERVISOR 25210 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ SUPERVISING ACCOUNTING ASSISTANT 45200 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ SUPERVISING ADMINISTRATIVE ASSISTANT 45201 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ SUPERVISING CIVIL ENGINEER 25211 340 MME 3,608$ 3,608$ 3,608$ 3,608$ 4,510$ -$ -$ -$ -$ SUPERVISING UTILITY BILLING ASSISTANT 45202 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ SUSTAINABILITY AND NATURAL RESOURCES OFFICIAL 26110 347 MME 3,862$ 3,862$ 3,862$ 3,862$ 4,827$ -$ -$ -$ -$ SUSTAINABILITY MANAGER 25302 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ SWEEPER OPERATOR 42905 422 CEA 1,855$ 1,953$ 2,056$ 2,164$ 2,278$ -$ -$ -$ -$ SYSTEMS INTEGRATION ADMINISTRATOR 42410 439 CEA 2,885$ 3,037$ 3,197$ 3,365$ 3,542$ -$ -$ -$ -$ Page 5 of 6 Item 15 Packet Page 368 CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective12/10/2020 Title Job Code Grade Bargaining Unit Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 TECHNOLOGY PROJECT MANAGER 22308 325 MME-C 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ TOURISM COORDINATOR 43404 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ TOURISM MANAGER 25303 320 MME 2,968$ 2,968$ 2,968$ 2,968$ 3,710$ -$ -$ -$ -$ TRANSIT ASSISTANT 41702 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ TRANSIT COORDINATOR 44406 426 CEA 2,060$ 2,168$ 2,282$ 2,402$ 2,528$ -$ -$ -$ -$ TRANSIT MANAGER 26303 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ TRANSPORTATION MANAGER 26207 340 MME 3,608$ 3,608$ 3,608$ 3,608$ 4,510$ -$ -$ -$ -$ TRANSPORTATION PLANNER-ENGINEER I 41301 435 CEA 2,600$ 2,737$ 2,881$ 3,033$ 3,193$ -$ -$ -$ -$ TRANSPORTATION PLANNER-ENGINEER II 42302 439 CEA 2,885$ 3,037$ 3,197$ 3,365$ 3,542$ -$ -$ -$ -$ TRANSPORTATION PLANNER-ENGINEER III 43302 442 CEA 3,120$ 3,284$ 3,457$ 3,639$ 3,830$ -$ -$ -$ -$ UNDERGROUND UTILITIES LOCATOR 42803 423 CEA 1,905$ 2,005$ 2,110$ 2,221$ 2,338$ -$ -$ -$ -$ URBAN FOREST SUPERVISOR/CITY ARBORIST 25212 315 MME 2,828$ 2,828$ 2,828$ 2,828$ 3,533$ -$ -$ -$ -$ URBAN FORESTER (SBP)42906 450 CEA 1,816$ 1,912$ 2,013$ 2,119$ 2,230$ 2,347$ 2,470$ 2,600$ 2,737$ UTILITIES ENGINEER 22309 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ UTILITIES PROJECTS MANAGER 25304 330 MME 3,273$ 3,273$ 3,273$ 3,273$ 4,090$ -$ -$ -$ -$ UTILITY BILLING ASSISTANT 42702 419 CEA 1,718$ 1,808$ 1,903$ 2,003$ 2,108$ -$ -$ -$ -$ WASTEWATER COLLECTION SYSTEM OPERATOR (SBP)42907 452 CEA 2,039$ 2,146$ 2,259$ 2,378$ 2,503$ 2,635$ 2,774$ 2,920$ 3,074$ WASTEWATER COLLECTION SYSTEM SUPERVISOR 25213 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ WATER DISTRIBUTION CHIEF OPERATOR 44903 437 CEA 2,740$ 2,884$ 3,036$ 3,196$ 3,364$ -$ -$ -$ -$ WATER DISTRIBUTION SUPERVISOR 25214 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ WATER DISTRIBUTION SYSTEM OPTERATOR (SBP)42908 452 CEA 2,039$ 2,146$ 2,259$ 2,378$ 2,503$ 2,635$ 2,774$ 2,920$ 3,074$ WATER RESOURCE PROGRAM MANAGER 26208 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ WATER RESOURCE RECOVERY FACILITY CHIEF MAINTENANCE TECHNICIAN 44904 444 CEA 2,923$ 3,077$ 3,239$ 3,409$ 3,588$ -$ -$ -$ -$ WATER RESOURCE RECOVERY FACILITY CHIEF OPERATOR 44905 445 CEA 3,078$ 3,240$ 3,411$ 3,591$ 3,780$ -$ -$ -$ -$ WATER RESOURCE RECOVERY FACILITY MAINTENANCE TECHNICIAN (SBP)42909 456 CEA 2,326$ 2,448$ 2,577$ 2,713$ 2,856$ 3,006$ 3,164$ 3,331$ 3,506$ WATER RESOURCE RECOVERY FACILITY OPERATOR (SBP)42910 456 CEA 2,326$ 2,448$ 2,577$ 2,713$ 2,856$ 3,006$ 3,164$ 3,331$ 3,506$ WATER RESOURCE RECOVERY FACILITY PLANT SUPERVISOR 25215 335 MME 3,437$ 3,437$ 3,437$ 3,437$ 4,295$ -$ -$ -$ -$ WATER RESOURCES TECHNICIAN 42411 430 CEA 2,284$ 2,404$ 2,531$ 2,664$ 2,804$ -$ -$ -$ -$ WATER SUPPLY OPERATOR (SBP)42911 452 CEA 2,039$ 2,146$ 2,259$ 2,378$ 2,503$ 2,635$ 2,774$ 2,920$ 3,074$ WATER TREATMENT PLANT CHIEF MAINTENANCE TECHNICIAN 44906 444 CEA 2,923$ 3,077$ 3,239$ 3,409$ 3,588$ -$ -$ -$ -$ WATER TREATMENT PLANT CHIEF OPERATOR 44907 445 CEA 3,078$ 3,240$ 3,411$ 3,591$ 3,780$ -$ -$ -$ -$ WATER TREATMENT PLANT OPERATOR (SBP)42912 456 CEA 2,326$ 2,448$ 2,577$ 2,713$ 2,856$ 3,006$ 3,164$ 3,331$ 3,506$ WATER TREATMENT PLANT SUPERVISOR 25216 335 MME 3,437$ 3,437$ 3,437$ 3,437$ 4,295$ -$ -$ -$ -$ WHALE ROCK RESERVOIR SUPERVISOR 25217 325 MME 3,118$ 3,118$ 3,118$ 3,118$ 3,896$ -$ -$ -$ -$ Page 6 of 6 Item 15 Packet Page 369 Supplemental Employee Salary ScheduleClassificationClass Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9Accounting Assistant I9132 918 18.11$ 18.46$ 18.81$ 19.37$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ Administrative Aide I9172 908 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$ Administrative Aide II 9371 916 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ Administrative Specialist9472 913 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ Adult Sports Official9265 912 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$ Aquatics Specialist*9461 916 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ Associate Planner 9255 946 33.74$ 35.51$ 37.39$ 39.35$ 41.43$ Childcare Aide Emergency Sub Afternoon*91615 970 17.01$ 17.41$ 17.66$ 17.81$ 18.26$ 18.71$ 19.16$ 19.60$ 20.09$ Childcare Aide Emergency Sub Morning*91619 971 20.42$ 20.90$ 21.19$ 21.38$ 21.92$ 22.46$ 22.99$ 23.52$ 24.11$ Childcare Aide*9161 902 13.61$ 13.93$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ Childcare Teacher Emergency Sub Afternoon*9262597219.60$ 20.09$ 20.58$ 21.07$ 21.56$ 22.10$ 22.64$ 23.08$ 23.51$ Childcare Teacher Emergency Sub Morning*92629 973 23.52$ 24.11$ 24.69$ 25.28$ 25.88$ 26.52$ 27.17$ 27.69$ 28.22$ Childcare Teacher*9262 912 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$ Commissioner9861 990 75.00$ Community Services Specialist9462 913 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ Development Review Arborist9288 932 25.25$ 25.88$ 26.51$ 27.15$ 27.78$ 28.47$ 29.16$ 29.73$ 30.30$ Engineering Consultant9332 980 50.00$ 51.56$ 55.00$ 65.00$ 75.00$ Facilities Aide Farmer's Market9292 912 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$ Facilities Aide Pool9293 912 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$ Facilities Assistant 9264 904 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ Facilities Specialist9463 913 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ Facility Host9162 900 13.00$ 13.31$ 13.61$ 13.93$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ Fire Inspector9253 932 25.25$ 25.88$ 26.51$ 27.15$ 27.78$ 28.47$ 29.16$ 29.73$ 30.30$ Fire Intern9151 902 13.61$ 13.93$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ Flood Control Technician9287 920 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ GIS Technician9231 920 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ Geographic Information Specialist I 942406 9433 30.41$ 32.01$ 33.70$ 35.48$ 37.34$ Golf Maintenance Assistant*9291 906 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.10$ Hazardous Materials Team Business Manager9651 996 28.00$ 29.00$ 30.00$ Head Childcare Teacher Emergency Sub Afternoon*93605 974 20.09$ 20.58$ 21.07$ 21.56$ 22.10$ 22.64$ 23.18$ 23.71$ 24.31$ Head Childcare Teacher Emergency Sub Morning*93609 975 24.69$ 25.28$ 25.88$ 26.52$ 27.17$ 27.81$ 28.46$ 29.17$ 29.88$ Head Childcare Teacher*9360 914 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ Head Lifeguard*9351 912 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$ Hydrant Maintenance Worker9191 902 13.61$ 13.93$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ Intern I9111 900 13.00$ 13.31$ 13.61$ 13.93$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ Intern II9211 904 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ Intern III9311 910 15.00$ 15.34$ 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ IT Assistant Help Desk 9232 920 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ KeyBlue = P&R Positions * = Classifications that work with children (AB 218 doesn't apply) Item 15Packet Page 370 Lab Analyst9235 937 28.63$ 30.14$ 31.73$ 33.40$ 35.16$ 37.01$ 38.96$ 41.01$ 43.175Landscape Inspector 9282 924 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ 23.53$ 24.10$ 24.57$ 25.04$ Lead Parking Attendant9471 908 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$ Legal Assistant I 9131 916 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ Legal Assistant II 9233 920 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ Lifeguard Dock Pay*92519 900 13.00$ Lifeguard*9251 906 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.10$ Mutual Aid GS 11-15 9353 995 36.84$ 44.16$ 52.51$ 62.05$ 72.99$ Mutual Aid GS 1-5 9153 993 13.04$ 14.20$ 16.00$ 17.98$ 20.10$ Mutual Aid GS 6-10 9254 994 22.40$ 24.90$ 27.57$ 30.45$ 33.54$ Parking Booth Attendant 9271 902 13.61$ 13.93$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ Parking Enforcement Officer 9266 920 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ Parking Meter Repair Worker9286 924 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ 23.53$ 24.10$ 24.57$ 25.04$ Parks Maintenance Aide I9182 908 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$ Parks Maintenance Aide II9281 916 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ Police Operations Support Specialist9212 912 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$ Ranger Services Specialist*9466 914 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ Ranger Services Worker9181 904 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ Rec Cashier*9171 900 13.00$ 13.31$ 13.61$ 13.93$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ Recording Secretary9272 908 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$ Senior Administrative Analyst9333 948 33.99$ 36.37$ 38.31$ 40.33$ 42.45$ SNAP 9352 912 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$ Special Swim Instructor*9369 916 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ Swim Instructor*9263 912 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$ Transportation Planner Engineer I9133 940 30.55$ 31.32$ 32.08$ 32.85$ 33.61$ 34.45$ 35.29$ 36.13$ 36.97$ Tree Climber Assistant9192 908 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$ Utility Billing Assistant942702 9419 21.14$ 22.25$ 23.43$ 24.66$ 25.96$ WasteWater Collection Operator9283 924 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ 23.53$ 24.10$ 24.57$ 25.04$ Water Quality Lab Aide9141 908 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$ Water Resources Technician9241 936 28.14$ 29.61$ 31.18$ 32.81$ 34.54$ WRRF Operator9285 937 28.63$ 30.14$ 31.73$ 33.40$ 35.16$ 37.01$ 38.96$ 41.01$ 43.18$ Youth Services Specialist Emergency Morning*94649 976 25.88$ 26.52$ 27.17$ 27.81$ 28.46$ 29.17$ 29.88$ 30.59$ 31.31$ Youth Services Specialist*9464 916 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ Youth Sports Official*926190013.00$ 13.31$ 13.61$ 13.93$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ RETIRED ANNUITANTS:Class Schedule Step 1 Step 2 Step 3 Step 4 Step 5IT Assistant PERS Retiree9931 962 24.10$ 25.25$ 26.51$ 27.78$ 28.78$ Accounting Assistant III PERS Retiree 9924 9423 22.26$ 23.44$ 24.68$ 25.98$ 27.34$ Parking Coordinator PERS Retiree 9971 964 25.67$ 26.70$ 28.10$ 29.58$ 31.13$ Financial Analyst PERS Retiree 9922 9305 31.43$ 33.40$ 35.36$ 37.33$ 39.29$ Parking Enforcement Officer PERS Retiree 9961 960 21.91$ 22.95$ 24.10$ 25.25$ 26.51$ Supervising Adminsitrative Assistant PERS Retiree 9921 964 25.36$ 26.51$ 27.78$ 29.16$ 31.13$ Temp Senior Civil Engineer PERS Retiree 9932 966 39.33$ 42.93$ 44.53$ 46.76$ 49.13$ Effective 12/8/2020Item 15Packet Page 371 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 15 Packet Page 372 Department Name: Public Works Cost Center: 5010 For Agenda of: December 8, 2020 Placement: Business Estimated Time: 45 minutes FROM: Matt Horn, Public Works Director Prepared By: Luke Schwartz, Transportation Manager Adam Fukushima, Active Transportation Manager SUBJECT: PROVIDE BIKE SHARE POLICY DIRECTION AND AUTHORIZE A REQUEST FOR PROPOSALS FOR A BIKE SHARE PROVIDER RECOMMENDATION 1.Receive the staff report and presentation on proposed policy framework for Shared Bicycle Services ("Bike Share"); and 2.Authorize the issuance of a Request for Proposals (RFP) (Attachment A) for qualified vendors to provide and operate a Bike Share system in San Luis Obispo, at no direct cost to the City; and 3.Authorize the City Manager to execute agreements with the selected Bike Share vendor, if the selected proposal requires no direct expenditures by the City, and the documents are to the satisfaction of the City Attorney; and 4.If no qualifying proposals are received, direct staff to continue monitoring the state of the Bike Share industry, develop a funding plan for a potential Bike Share system, and return to the Council within the next year for further direction. ACTIVE TRANSPORTATION COMMITTEE RECOMMENDATION The Active Transportation Committee recommends that the Council not issue a Request for Proposals (RFP) for shared bicycle services at this time, but continue to monitor shared micromobility in similar cities to San Luis Obispo, including working with Cal Poly to conduct an additional study on the barriers to bike access in the City. REPORT-IN-BRIEF The City’s General Plan Circulation Element, adopted in 2014, calls for evaluation of a potential bike share program in coordination with Cal Poly. At an October 2019 Study Session on shared transportation options, Council expressed interest in pursuing a bike share program and directed staff to return with a policy framework and an RFP to solicit proposals from potential bike share vendor(s). Prior to 2020, there were several examples of active bike share programs in other cities with comparable population and demographics to San Luis Obispo that required little-to-no direct costs to the municipality, with vendors operating solely on revenues from user fees and advertising. Item 16 Packet Page 373 However, over the past year the bike share market and funding model has experienced significant volatility and disruption with several programs discontinuing due to demand, public health concerns and technology advancements. With further impacts due to the COVID-19 pandemic, many seemingly successful bike share programs in communities similar to San Luis Obispo are no longer in operation. While there are still a handful of examples of bike share systems that required little-to-no subsidy from the local municipality, such as the recent upstart of the BCycle pilot program in Santa Barbara, the likelihood of a city the size of San Luis Obispo attracting a qualified vendor that will operate a program without direct subsidy from the City is much less promising than just one year ago. Based on a review of bike share programs in communities of similar population and demographics to ours, it could require several hundred thousand dollars in direct costs to start up a bike share system, plus several hundred thousand dollars in additional annual operating costs to maintain the system. At this time, no City funds have been programmed for initiation or ongoing operation of a bike share system. While the market for a zero-subsidy bike share program in a city such as San Luis Obispo is currently uncertain, staff is requesting approval from Council to proceed with issuance of an RFP from potential vendors to determine what models our market can support. Staff has developed the policy framework for an ideal bike share system based on feedback from Council during the 2019 Study Session, which is reflected in the requirements of the RFP to vendors (see Attachment A). The policy framework identifies the desire for a hybrid system, which allows for bikes to be docked at designated stations or parked in standard bike racks, includes provisions for equitable access to bike share for all community members, and includes a preference for a significant portion of the bike share fleet to include pedal-assist electric bikes. If no qualified proposals are received through the RFP process, it is recommended that staff continue monitoring the state of the bike share industry, develop a potential funding model for City-subsidized bike share system in conjunction with the 2021-23 Financial Plan, and return to Council within the next year for further direction. DISCUSSION Background As part of the 2014 General Plan Update, the Circulation Element introduced new modal shift objectives to support the increased use of alternative forms of transportation and decreased dependence on single-occupant automobiles. Among the policies and programs supporting these modal shift objectives, the Circulation Element identified a specific recommendation for the City to evaluate a bike share program in coordination with Cal Poly. On October 1, 2019, the Council held a study session on the topic of shared micro-mobility, a term used to describe shared mobility services that utilize human-scale transportation devices such as bicycles, scooters, and electric mopeds. At the conclusion of the study session, the City Council provided clear direction to staff to continue with development of a citywide bike share program (no scooters or other devices at this time) with the following next steps: Item 16 Packet Page 374 1.Develop a policy framework for a potential bike share system in San Luis Obispo, which should include the following characteristics: a.A hybrid system, which allows bicycles to be docked at designated stations or at standard bike racks in between rides. b.Electric assist bicycles should be a prominent component of a bike share fleet. c.Ideally, the bike share fleet should include devices geared to a variety of user abilities (recumbent, cargo capabilities, and child seats). d.A bike share system should include equity considerations, improving access for low- income and disadvantaged community members. 2.Identify potential costs and funding model for a bike share program. 3.Prepare an RFP to solicit potential bike share vendor(s). 4.With Council support and as funding allows, initiate a bike share pilot program, including access to Cal Poly. This purpose of this report is to present a follow-up on these action items, including a summary of the current state of the bike share market, financial costs/viability of a bike share system in San Luis Obispo, outline of policy framework for a local bike share system, and a proposed RFP to begin the bike share vendor solicitation process, if so directed by the Council. The Current State of Bike Share Since the 2019 Council Study Session, there have been significant changes to the bike share industry and funding model. Prior to 2020, most bike share systems were backed by large venture capital funding entities, but in late 2019 the funding model started showing signs of decline along with other market changes. The COVID-19 pandemic has further impacted the bike share industry. Given the uncertainty in the bike share marketplace, the City hired Alta Planning and Design (Alta), an active transportation consulting firm with extensive national expertise with bike share to perform a rapid assessment of the current bike share market and assess the current viability of bike share in San Luis Obispo (Attachment B). The rapid assessment informs this staff report. Many of the bike share systems that were identified in the 2019 study session as successful examples to model a San Luis Obispo bike share system after are no longer operational in 2020. For example, the Cities of Santa Cruz and Davis (communities similar in size and demographics to San Luis Obispo) had deployed successful bike share systems operated by JUMP bikes—both systems were procured and operated without significant local funding commitments by the municipalities. However, in late 2019, JUMP was acquired by Lime Scooters and bike share operations were discontinued in cities that were not willing to allow concurrent deployment of shared scooters. Elsewhere, Gotcha Bikes ended their program at UC Santa Barbara after the City of Santa Barbara selected another vendor for its program. The economic impact of COVID- 19 accelerated these woes, crippling bike share and scooter share systems throughout the country. For example, Zagster was the operator of a bike share program in Cambria, which has since ceased all national operations. Currently, UC Santa Barbara and the Cities of Santa Cruz and Davis no longer have operating bike share programs, although Davis plans to consider resuming operations soon with a program that allows both shared bicycles and scooters. Item 16 Packet Page 375 Most of the remaining cities in California that have continued to operate bike share programs are in high-population metropolitan areas. Many of these cities have self-funded the program, secured large corporate sponsors or have received funding through the State’s Clean Mobility Options Voucher Pilot Program, which requires a jurisdiction to meet minimum eligibility requirements based on population of disadvantaged communities. San Luis Obispo has had difficulty establishing eligibility for this program based on the State’s criteria for defining disadvantaged communities. While there are currently few communities comparable to the City of San Luis Obispo with active bike share programs, the City of Santa Barbara may serve as a valuable example to monitor. Santa Barbara recently partnered with the vendor BCycles and will soon begin a pilot bike share program in their community without local funding commitments. Discussions with Santa Barbara city staff as well as the vendor indicate that BCycles is using Santa Barbara to test feasibility of bringing bike share to smaller California cities. Unlike most bike share companies funded by venture capital, BCycle is funded by Trek bicycles, a company which has a business model that has proven resilient even with economic impacts of COVID-19. The Santa Barbara bike share program could be a model for San Luis Obispo; however, it is too soon to draw conclusions regarding the success or viability of this system. BCycle Bike Share Getting Started in Santa Barbara Costs Based on recent trends in the bike share market and economic model, the odds are growi ng less and less likely that a city with the population and market size of San Luis Obispo will successfully attract a qualified bike share vendor that is willing to install and operate a system that requires no local subsidy. While the revenue potential and corresponding costs associated with operating a bike share system will vary depending on the selected vendor, specific equipment, pricing structure, and use, the major costs incurred by the vendor, and often subsidized by the local municipality fall into two categories: Start-Up Costs and Operating Costs. Item 16 Packet Page 376 Start-Up Costs This category includes both capital and launch costs. Capital costs are the costs associated with the purchase of equipment including bikes, payment kiosks and docks. Launch costs are mostly one-time costs that include up-front expenses such as procuring a service center and storage warehouse, purchasing bike and station assembly tools, station installation, website development, communications and technical support set-up and pre-launch marketing. Operating Costs Operating costs include those required to operate and maintain the system. This includes staffing costs, equipment and bike maintenance, rebalancing of bikes to address demand, customer services, insurance and administrative oversight. Most vendor/operators price out a system with a per-bike cost for launch, capital costs, and operations. Based on current industry data, Alta’s assessment estimates bike share costs for a docked or hybrid system in San Luis Obispo to be $5,000 per bike for Start-Up Cost and $2,000 per bike per year in operational costs. Alta’s assessment states that the City of San Luis Obispo service area (including Cal Poly) would likely support a minimum size of 20 stations and 160 bikes and a maximum size of 3 0 stations and 360 bikes. Using this data, a bike share system in San Luis Obispo could range in cost as shown below: Cost Type Unit Cost 20 Stations / 160 Bike 30 Stations / 360 Bikes Launch Costs $2,000 per bike $320,000 $720,000 Capital Costs $3,000 per bike $480,000 $1,080,000 Total Start-Up Costs $5,000 per bike $800,000 $1,800,000 Operating Costs per Year $2,000 per bike $320,000 $720,000 Actual costs will depend on the vendor and type of equipment selected. Funding The revenue sources for bike share come from user fees, sponsorship, advertising, and public funding. Successful and resilient bike share programs typically involve a mixture of two or more funding sources. User Fees: User fees include the fees bike share patrons pay for memberships, along with any overtime fees. Revenues from user fees typically grow steadily over the first three years as more users join the system. This revenue is only generated after a system has been deployed and used by the community. Grants and Public Funding: While various sources of grant funding exist for bike share, the most likely sources are state and local grant programs. At the statewide level, many cities with current bike share programs have received funding from the California Air Resources Board’s Clean Mobility Options Voucher Pilot, which is designed to fund micro-mobility projects (such as bike share) in disadvantaged communities and at affordable housing locations. Item 16 Packet Page 377 The next application window is in 2021; however, San Luis Obispo is not likely to compete well under this program, as most of the city would not meet the disadvantaged community qualifications. Similarly, Caltrans Active Transportation Program (ATP) grants have been awarded to help fund bike share systems in large metro areas, but again the City of San Luis Obispo would have trouble competing with other jurisdictions under this program due to lack of areas within the city that meet the disadvantaged community designation. In other cities, ongoing public funding has come from local “steady stream” sources such as parking revenues, bus/bike/station advertising, or special taxes. San Luis Obispo may also consider approaching other regional funding partners, such as the San Luis Obispo Council of Governments (SLOCOG), to explore additional grant funding opportunities for bike share. In recent discussions, SLOCOG staff has expressed support for bike share as a concept, but no specific SLOCOG-administered grant programs have been identified at this time to fund bike share in San Luis Obispo. Partnership with Cal Poly: Similar to SLO Transit service, if the City is to operate a bike share system that includes the Cal Poly campus, it is reasonable to expect that Cal Poly participate with a fair share financial contribution towards the costs of operating any City-led bike share program. Cal Poly representatives have expressed strong support for ensuring that any City- initiated bike share system include service to the university and would prefer to serve as a financial partner to the City in funding this endeavor, in lieu of the university procuring and administering a separate, stand-alone bike share program for the campus. Advertising: Advertising is a potential source of revenue for bike share, particularly with corporate branding of bicycles themselves or sponsorship of individual stations/docks. The bike share operator is generally responsible for identifying advertising partnerships; however, it should be noted that policy review and approval may be required by the City prior to approving advertising installed in the public right-of-way, depending on the form of branding considered. Citing prior experience of SLO Transit in exploring advertising prospects, there have been significant challenges with maintaining sustained sponsorships in the San Luis Obispo market. Because advertising revenues range significantly between different markets and bike share systems, it is difficult to estimate the revenue potential from this source for a San Luis Obispo bike share program. How Important is Bike Share in Making Progress Towards the City’s Mode Shift Goals? As the City continues to make investments in infrastructure and programs to support the General Plan mode share targets, which include increasing bicycle mode share to 20% of all trips (currently at 8.3% of all commute trips), it is important to consider the effectiveness of each strategy and prioritize investments accordingly. Given the rapidly changing nature of the bike share market, data on mode share trends is just emerging and results can vary significantly from city to city. As a point of reference in a similar community, before discontinuing service the JUMP bike share system in Santa Cruz was extremely successful reaching a peak monthly ridership of over 40,000 rides (roughly 1,300 trips per day). That said, not all bike share trips replace car trips—surveys of bike share users indicate that less than half (11%-45%) of bike share trips replaced an automobile trip, with the remaining trips representing those that were already car free, users who would normally walk, use public transit, or private bicycle. Item 16 Packet Page 378 In October 2019, the City administered a Citywide Transportation Survey to better understand barriers to bicycling and walking in San Luis Obispo. Only 17% of survey respondents cited lack of convenient access to a bicycle as a primary barrier to bicycling, while 77% cited fear of riding in heavy traffic. Per the survey, the top five barriers to bicycling in the city are related to safety concerns and lack of access to high-quality bicycle infrastructure. While bike share may increase access for some users—particularly visitors and commuters who mostly travel to the city by car—access to a bicycle has not been identified as major barrier to bicycling and the more effective approach to shifting modes is by investing in bicycle facilities. When comparing the costs and benefits of various ways to invest in bicycling, the City is likely to see more return on investment in terms of increasing bicycle mode share by investing in infrastructure, such as physically-separated bike facilities and crossing improvements. Bike Share Policy Framework The matrix below summarizes the primary components of an ideal bike share system in San Luis Obispo. If the City Council decides to proceed with soliciting proposals from prospective bike share vendors, the RFP includes rating criteria to evaluate each vendor’s proposal based on the ability to satisfy these primary criteria: Criteria Description Bike Share System Type (Docked, Dockless or Hybrid) Hybrid System – Allows flexibility for bike to be parked in designated stations/docks or parked at any standard bike rack in between uses. Bicycle Type Significant portion of fleet should include pedal-assist electric bicycles. Additional points should be given to vendors that have the capability to provide devices geared towards a variety of user types (i.e. recumbent bikes, cargo bikes, or bikes with child seats) Fleet Size & Stations Prefer a minimum of 20 stations and 160 bikes. Stations should be easily movable and require minimal time to install and/or remove without substantial construction activities. Permitted Operator would be required to provide a sufficient supply of bicycles in high traffic locations, such as transit hubs, so that users can consistently rely on this service for their transportation needs. For an effective “last mile” transportation solution, the user must be able to rely on finding a working bicycle when needed. Equity Considerations Vendors should provide options for subsidized or free bike share membership for low-income users. Neighborhoods with higher concentration of low-income or historically disadvantaged populations should be prioritized when locating designated stations or installations of new public bike racks to be used for bike share parking. Item 16 Packet Page 379 Integration with Transit Additional points for vendors that demonstrate an ability to integrate bike share with transit, which may include seamless transfers between SLO Transit/RTA bus service and bike share trips, combined subscriptions for monthly bus and bike share passes, etc. Preference for Local Labor Additional points for vendors that commit to using predominantly local staff and/or businesses for bike share maintenance and operations. Public Safety & Nuisance Issues Vendors should demonstrate a cohesive plan for addressing nuisance issues in a timely manner, including repairing damaged bicycles and removing/relocating bicycles that have been parked in an illegal or inappropriate manner. This plan should include ways that the vendor will educate and incentivize (or penalize) users to promote safe bicycling and parking behavior. Permitted Operator is held accountable for operating safely and responsively in accordance with their permit conditions. Start-Up Strategy Select one vendor through a competitive RFP process. Negotiate contract for a two-year pilot program, with an option to reevaluate after the first year. Open Data Permitted Operator is required to provide useful data that will enable the City to better understand user behavior to make necessary program adjustments. POLICY CONTEXT Since at least 1982, the City’s Circulation Element to the General Plan has mandated programs to reduce traffic congestion and encourage use of other modes of transportation to the single occupant vehicle including transit, bicycling and walking. As mentioned previously, the City’s current Circulation Element sets ambitious goals such that by 2035 the City should increase mode share of bicycles to 20% and 18% for walking, carpools and other forms of transportation (Policy 1.7.1). The Circulation Element also states that “the City shall evaluate a bike share program in coordination with Cal Poly and other educational institutions” (Policy 4.2.1). In terms of current policy regarding bike share, the City of San Luis Obispo Municipal Code currently prohibits electric scooters and motorized skateboards, but potentially allows for bike share with an encroachment permit and business license. PUBLIC ENGAGEMENT Previous public engagement activities on the topic of bike share include the previous Council Study Session in December of 2019, and various engagement activities in conjunction with the City’s Active Transportation Plan, which included public surveys to gauge interest on various bicycling investments, including bike share. Additionally, staff has communicated with Cal Poly University, Cal Poly ASI, the San Luis Obispo Chamber of Commerce, Downtown SLO, and the Active Transportation Committee (ATC). Item 16 Packet Page 380 Staff has also had several conversations with other peer cities with bike share programs, as well as various bike share vendors, including Bird, Lime, Zagster, Gotha, Skip, JUMP, Spin and BCycle. In preparation for this Council meeting on December 8, 2020, meeting notifications were posted on the City website, in front of City Hall, and via City email blasts. In addition, staff provided email notification of this hearing to individuals and groups who have expressed interest in shared bicycle services in the past. CONCURRENCE The Active Transportation Committee (ATC) held a discussion on this item at their November 19, 2020 meeting. The recommendation from the ATC was to deny issuance of an RFP for bike share services at this time, but to monitor the state of the shared micromobility industry in similar cities to San Luis Obispo including working with Cal Poly (perhaps as a student project, if there is interest) to conduct additional study on the barriers to bike access in the City. The ATC would prefer that the City focus staffing and financial resources on implementing the highest-priority bicycle and pedestrian infrastructure projects before committing significant resources to bike share. If the City Council decides to proceed with the RFP and staff is successful in selecting a qualified vendor, additional review and coordination will take place prior to approving deployment of the bike share system. Public Works staff will continue to review plans with internal stakeholders (City Police and Fire Departments), and external stakeholders (Cal Poly, Downtown SLO, Chamber of Commerce, local businesses and neighborhood groups) once a vendor is selected and bike share vehicle specifications are known and station/dock locations are proposed. Prior to deployment of the bike share program, staff will return to the City Council with a follow-up presentation to provide information on the selected vendor, station/dock type, station/dock locations, and plans for operations. 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: NA Funding Identified: No Item 16 Packet Page 381 Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State Federal Fees Other: Total $0 $0 $0 $0 If the City is successful with securing a bike share operator that requires no direct subsidy from the City, then this action has no direct fiscal impact. However, there could be indirect fiscal impacts. Start-up and operation of a bike share system would require significant staff time to provide administrative oversight and coordination the bike share operator. Based on conversations with peer cities, this requires roughly a full-time commitment from at least one staff member during the first year of the pilot program. This would generally require a full-time commitment from the City’s Active Transportation Manager, which could delay delivery of other planned and proposed bicycle and pedestrian infrastructure projects and/or programs. Alternatively, staff could request funds for a full-time contract hire as part of the FY2021-23 Financial Plan. If the RFP is unsuccessful with attracting a qualified vendor that can operate a bike share system at no direct cost to the City, then a funding plan would need to be identified in order to implement bike share. Under this scenario, staff would return for Council direction and approval in order to appropriate any funds for bike share purposes. ALTERNATIVES 1.As recommended by the Active Transportation Committee, the City Council may choose to deny approval to issue this RFP. At this time, Council may choose to direct staff to continue monitoring the state of the bike share market while focusing staffing and financial resources on implementing the highest-priority bicycle infrastructure projects. 2.The City Council may choose to modify the proposed policy framework. Modify the policy framework for bike share and approve issuance of the RFP for bike share services only after staff has revised the RFP content accordingly. 3.The City Council may choose to defer approval. Defer approval to issue this RFP for bike share services until funding is identified for start-up and ongoing operations of a bike share system, perhaps as part of the upcoming FY2021-23 Financial Plan. Attachments: a - Bike Share Request for Proposals b - San Luis Obispo Rapid Bike Share Assessment Item 16 Packet Page 382 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals for Bike Share Services For the City of San Luis Obispo The City of San Luis Obispo is requesting sealed proposals for services associated with shared bicycle services (“bike share”). All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/Operator/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before [DATE] when they will be opened publicly via Microsoft Teams video conference and conference call. In-person attendance of the proposal opening will not be permitted in adherence to social distancing measures. Use the following link: [INSERT VIDEO CONFERENCE LINK] or join by phone with this number [INSERT TELECONFERENCE NUMBER] Proposals received after said time may not be considered. The preferred method of submission is electronically via BidSync. If you wish to send a hard copy to guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, project number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the project package. Hard copy proposals shall be addressed to Active Transportation Manager, City of San Luis Obispo Public Works, 919 Palm Street, San Luis Obispo, CA 93401. An optional pre-proposal conference will be held to answer any questions that the prospective proposers may have regarding the City's request for proposals. [INSERT VIDEO CONFERENCE LINK] or join by phone with this number [INSERT TELECONFERENCE NUMBER] Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact the City’s Active Transportation Manager Adam Fukushima at afukushima@slocity.org with any questions. Item 16 Packet Page 383 TABLE OF CONTENTS A. INTRODUCTION ......................................................................................................................................... 1 B. SCOPE OF WORK ....................................................................................................................................... 1 C. PROJECT SCHEDULE .................................................................................................................................. 5 D. PROJECT BUDGET ..................................................................................................................................... 5 E. GENERAL TERMS AND CONDITIONS ........................................................................................................ 6 G: FORM OF AGREEMENT ........................................................................................................................... 19 H: INSURANCE REQUIREMENTS .................................................................................................................. 21 I: PROPOSAL SUBMITTAL FORM ................................................................................................................. 23 Item 16 Packet Page 384 -1- A.INTRODUCTION Introduction The City of San Luis Obispo (“City”) is inviting applications from full-service, qualified applicants (“Operators”) to provide a shared bicycle (“bike share”) system for the City of San Luis Obispo . The specifications detailed herein are intended to obtain applications outlining a plan by qualified applicants to develop, implement, and manage a bike share program within the City for an initial two-year pilot period, with an option to extend beyond this pilot period with mutual consent. The City intends to select a single Operator through this competitive Request for Proposals (RFP) process. Background San Luis Obispo naturally lends itself to bicycle transportation, given its temperate climate, the picturesque setting, and compact urban form, which all contribute to the bikeability of the area – with just under 9% of people in the City commuting to work via bicycle (ACS 2013-2017). In an effort to further increase access to bicycling as viable mode of transportation, the City seeks to implement a bike share system to enhance multimodal mobility for its residents, employees, and visitors. The Circulation Element of the City’s General Plan and the City’s recently adopted Climate Action Plan recommend the exploration of a shared bicycle program to increase mobility options, decrease transportation costs, and reduce air pollution and greenhouse gas emissions. A bike share program would meet the recommendations of these City policies, and potentially increase bicycling as an effective mode of transportation. Implementing an easily accessible bike share program also complements the City’s investment in pedestrian and bicycle facilities and supports multi-modal transportation choices. B. SCOPE OF WORK The City seeks the delivery of a bike share system that provides a transportation solution and is compatible with the unique character of San Luis Obispo. The ideal bike share Operator will be a strong partner that develops an innovative transportation system that improves livability and mobility for San Luis Obispo visitors and community members. Collaborating closely with transit operators, city planners and engineering staff, local bike shops, and other stakeholders, the operator will ensure that bike share is cost competitive for users as an affordable alternative to other non-bicycle modes. The pricing model should encourage short trips. The selected Operator will be responsible for all aspects of an integrated bike share system. The selected Operator will receive general direction from the City of San Luis Obispo project team, but will be expected to perform all technical tasks and other analyses necessary to complete the proposed scope of work. Proposals shall provide a scope of work for development and operation of a bike share system that meets the following general specifications: 1.System Type. The City’s ideal vision for a bike share system is a “hybrid” system that allows locking a shared bike to a designated station/dock, or to standard bike racks, consistent with City regulations for the parking of personally owned bicycles. Proposals may suggest other bike share system models if they achieve the overall objective of this project. 2.System Scale. The desired initial deployment includes a minimum of 10 stations and 50 bikes, with an ideal range of at least 20 stations and 150 bikes. Subsequent additions to the system may be phased at different intervals over time. Item 16 Packet Page 385 -2- 3.Stations. Proposed station locations shall be coordinated with the City. Station infrastructure should include easily moveable infrastructure that require minimal time to install and/or remove and that can be installed without trenching. All materials and equipment shall have a long expected useful life and high durability. The selected Operator will ensure that all sites are fully restored to the satisfaction of the City whenever Stations are removed or installed. No damage or attachment points should be left behind. Stations located on sidewalks or other pedestrian areas require full replacement. 4.Service Level Agreement. A Service Level Agreement (SLA) will be developed in collaboration with the City in the contract negotiation phase. This agreement will set the specific standards to which the vendor will commit to operate within, including minimum performance standards such as percentage of bikes in service and available at a given time, frequency of bike and station inspections, preventative maintenance plans, complaint resolution timeliness, etc. Proposals should include a preliminary proposed Service Level Agreement. 5.Organizational Development. Design and set up a business organization that is capable of completing all tasks in this scope of work. This will include any office and warehouse setup, staffing, administrative and office systems, risk management, legal compliance (including preparation of all waivers, legal disclaimers, etc.), accounting and reporting systems, policy manuals, user rules and regulations, payroll, Human Resources systems and other activities and systems as needed. Document your planned organizational structure and proposed staffing. 6.Registration. Provide and maintain in full operation a web page (and mobile application) to register, submit credit card data, and execute a user agreement. After registration, members should be able to immediately access a bike. Membership of various durations (such as 30 minutes, hourly, daily, weekly, and/or monthly) may be available. 7.Walk-Up Utilization. Allow one-time use by walk-up registration at all or designated stations or through cell phone registration. Walk-up renters shall be able to register, submit credit card data, and execute a user agreement. 8.Secure Financial Transactions. Complete secure financial transactions with data input at the web page or by cell phone. Financial data must be held securely in a manner that complies with all laws, and only accessible to authorized personnel. The Operator shall develop a robust security policy. The Operator must ensure that its security policy is enforced, report any breaches to the City of San Luis Obispo and develop a corrective plan to prevent future breaches. The method for protecting financial data, usernames, and addresses, must be Payment Card Industry (PCI) compliant. 9.Fee Collection. Provide the capability to track whether bicycles are returned during a specified period and accurately assess overtime fees. Accurately assess and collect fees for failure to return any bicycle within 24 hours or an established time period and clearly communicate rules to users. Set a fare structure in collaboration with the City of San Luis Obispo project team that encourages short duration rentals for bike share and promotes longer term rentals from existing local bike shops. Describe the proposed payment system and subscription types (i.e. hourly, daily, monthly, annually). Document how late fees and penalty fees (e.g. for Bicycles not returned within 24 hours) will be assessed. Document what payment methods are accepted by the system. Item 16 Packet Page 386 -3- 10.Equity Considerations. Proposals shall describe proposed strategies to make bicycle share available to all community members, ensuring that access to the system is provided for users in disadvantaged communities and persons that typically have experienced barriers to active transportation. Strategies that improve access for low-income communities, such as cash payment and/or free or reduced pricing to those who qualify are highly desired. Potential Operators shall describe if their proposals include options for bicycles that serve the needs of those with children or mobility challenges, such as recumbent bicycles, trikes, cargo bike or bikes with child seats. 11.Costs. All costs associated with the system, including but not limited to capital, operating, marketing, staffing, shall be the sole responsibility of the Operator. The City will have no financial obligation associated with the bike share system for the duration of the contract period. 12.Revenue. All revenues, including membership fees, use fees, and revenue from other sources, shall be collected by the Operator. 13.Records. In addition to Service Level Agreement reports, Operator shall maintain additional business related, accounting and customer service-related records and make them available to the City of San Luis Obispo on appropriate notice for inspection and auditing. 14.Regular Operations Review. The Operator will routinely review periodic reports, maps, and data, as well as ridership, fee structure, and trip and route data. Operator shall develop recommendations that promote use of the system, promote closer coordination with potential or existing partners, and reduce or eliminate any operating deficits. Any such recommendations will be circulated among project team. 15.Reporting. At regular, periodic and appropriate intervals, Operator shall submit reports that track Key Performance Indicators. Respondents shall propose and commit to a Service Level Agreement comprised of high-level system Key Performance Indicators in their proposals. Details and schedules will be finalized in the contract negotiation process. In addition, offerors must prepare a matrix for inclusion in their proposal that presents and summarizes other periodic reports that the Operator will submit for external and internal audiences. These reports shall include at a minimum monthly management reports for City of San Luis Obispo project team that monitor SLA measures against agreed upon standards, as well as monthly business/financial metrics. An annual report available to the public and interested stakeholders will also be required. 16.Open Data. The Operator shall provide open content data that will allow third party developers to provide applications to assist users in finding bicycles, and stations, and comparing travel and usage information consistent with reports from other U.S. systems. 17.Customer Service. The Operator shall provide responsive and customer-friendly services that encourage repeat use including timely response to complaints. The Operator will be responsible for creating and managing excellent customer service standards and procedures. All System structures shall contain a conspicuously posted telephone number, to the Operator’s customer Item 16 Packet Page 387 -4- service operations to which the public may direct complaints and comments, and instructions for filing a complaint. The Operator shall provide a timely response to any such complaints. The Operator shall provide a shared database in which City of San Luis Obispo can communicate complaints from the public and from the City, and in which the Operator can report the resolution of such complaints. 18.Maintenance and Repair. Maintenance and repair responsibilities apply to all hardware and software components of the System. The Operator will be responsible for developing and implementing a regular inspection, maintenance and repair schedule that keeps the System in continuous compliance agreed upon SLA in-service standards. System maintenance shall include preventive maintenance, inspection and prompt repair or replacement of all System. It will also include inspecting, cleaning, and removing graffiti from System structures on a timely basis, as well as removal of debris in and around the System structures. The Operator shall comply with specified service standards. Proposals that establish a commitment to utilize local labor and businesses for maintenance and repair support are encouraged. 19.System Balancing. Monitor the location of each bicycle and, if applicable, the status of each station and dock. Continuously and predictably redistribute bicycles so that System complies with Service Level Agreements that relate to consistent availability of bikes throughout the service area. 20.Real-time Communication. Provide a system to track bicycle and, if applicable, station and dock status. Populate interactive map with location and status of bicycles throughout service delivery area along with optional address and directions, and transit information. The Operator shall use the General Bike Share Feed Specification (GBFS), a standardized data feed for bike share system availability. Provide iOS and Android App with real-time map updates to allow users to locate stations and status of bicycles. 21.Adaptive or Responsive Website Design. Design, maintain, and host a bike share website that promotes the program and allows users to register, submit credit card data, and execute a user agreement. Provide and display web pages correctly on all major web browsers and mobile devices/formats. 22.Branding, Marketing, and Public Relations. Operator will oversee branding, marketing, membership sales and public relations. 23.Public Safety. Operator is required to promptly remove bicycles left on sidewalks and limit the amount of City staff time required to remedy these issues. Operator will be required to promote safe and lawful operation of the shared bicycles, and to ensure that the bicycles are maintained in safe working condition. 24.Theft and Vandalism. Operator shall identify how their approach minimizes opportunities for theft and vandalism. Operator shall also identify who is responsible for any incidents of theft and/or vandalism and how these are handled. Describe how your plan addresses the challenges faced by other bike share programs, including but not limited to theft of bicycles. Item 16 Packet Page 388 -5- 25.Service availability: The initial system rollout may be completed in a single phase, with additional stations and bicycles added in subsequent phases at different intervals. The system will run year- round. Bike share rentals will be available 24 hours a day, seven days a week. 26.High Quality Bicycles and Equipment: Please describe your proposed Bicycle including Bicycle weight and material(s) and design features. Please describe your proposed stations with materials, configuration, and size. The City’s ideal bike share system includes pedal-assist electric bicycles as a prominent component of the bike share fleet. To be selected as the Operator for the Program, the proposal will need to demonstrate how the above key issues will be addressed. The City also acknowledges the creativity and experience that Operators will bring to a bicycle share system in San Luis Obispo, and encourages Operators to propose system elements above and beyond the minimum standards established in the RFP. There are additional evaluative points available for these elements. Optional additional elements include, but are not limited to: • Greater number of bicycles and/or stations • Local bicycle shop partnerships • Quality of equipment • Payment and/or membership integration with local transit • Robust marketing strategy and sponsorship sales • Ways to refer consumers to local bicycle shops for long-term rentals and gear (retail sales) • Ability to accept cash payment for non-credit card transactions C. PROJECT SCHEDULE The table below shows the desired preliminary timeline for deployment of a city bike share system. Proposals shall include a proposed schedule broken down by primary task, milestone and deliverable. More detailed schedules will be finalized in cooperation between the City and Operator in the contract negotiation process. Preliminary Schedule Tasks 3-6 months after contract award •Finalize bicycle specifications, number of bicycles and stations •Confirm station locations and infrastructure needs •Finalize maintenance and operations plan 6-9 months after contract award •Begin two-year pilot program •Install stations and deploy bike share fleet 24 months after bike share deployment •Evaluate pilot program •Consider contract extension, if mutually agreed upon between City and selected Operator D. PROJECT BUDGET Item 16 Packet Page 389 -6- As referenced in Part B, all costs associated with the system, including but not limited to capital, operating, marketing, staffing, shall be the sole responsibility of the Operator. The City will have no financial obligation associated with the bike share system for the duration of the contract period. E. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1.Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2.Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX or emailed submittals will be accepted. 3.Insurance Certificate. Each proposal must include a certificate of insurance showing: a.The insurance carrier and its A.M. Best rating. b.Scope of coverage and limits. c.Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4.Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price. 5.Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals. 6.Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an Item 16 Packet Page 390 -7- alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 7.Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8.Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. 9.Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10.Contract Requirement. Unless otherwise approved by the City, the bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. CONTRACT PERFORMANCE 11.Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages, and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 12.Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 13.Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations. 14.Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 15.Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. Item 16 Packet Page 391 -8- 16.Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 17.Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 18.Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 19.Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 20.Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 21.Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 22.Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 23.Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 24.Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. Item 16 Packet Page 392 -9- 25.Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 26.Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 27.Hold Harmless and Indemnification. (a)Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b)Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, Item 16 Packet Page 393 -10- officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 28.Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 29.Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. 30.Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, Item 16 Packet Page 394 -11- however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work- in-progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. Item 16 Packet Page 395 -12- SPECIAL TERMS AND CONDITIONS 1.Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the most qualified responsible, responsive proposer. 2.Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3.Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4.Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5.Contract Term. The supplies or services identified in this specification will be used by the City for a two-year pilot period. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6.Contract Extension. The term of the contract may be extended by mutual consent for an additional two-year term, for a total of four years. 7.Supplemental Purchases Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8.Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. Item 16 Packet Page 396 -13- 9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other Operators during the contract term. 10.Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11.Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12.Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13.Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14.Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15.Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. Item 16 Packet Page 397 -14- PROPOSAL CONTENT 1.Proposal Content. Your proposal must include the following information: Submittal Forms a.Proposal submittal summary. b.Certificate of insurance. c.References from at least three contacts for whom you have provided similar services. Qualifications d.Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request. e.Profile of Operator team, including project managers and key members. Include staffing plan and brief resumes of the individuals who would be assigned to this project, including any sub-consultants, with their corollary experience highlighted and specific roles in this project clearly described. f.Samples of relevant previous work on municipal bike share systems. g.Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project. Work Program h.Detailed description of your approach to this project, including but not limited to scope of work and timeline. The proposal should reflect the respondent’s intent, creativity, and understanding of the scope of work. i.Detailed schedule by task and sub-task for completing the work. j.Preliminary draft of proposed Service Level Agreement k.Any other information that would assist us in making this contract award decision. l.Description of assumptions critical to development of the response which may impact cost or scope. Requested Changes to Terms and Conditions m.The City desires to begin work soon after selecting the preferred Consultant Team. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Proposal Length n.Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials. 2.Proposal Evaluation and Selection. Proposals will be evaluated by a review committee comprised of key staff from several City departments and/or nonprofit partners. The committee will evaluate proposals based on understanding of the work required by the City, demonstrated competence and professional qualifications, value of the system and program design. The Committee may Item 16 Packet Page 398 -15- choose to select the three (3) highest ranked applicants to be interviewed. If so, the short-listed Operators will be notified by the City of the date, time and place for their interviews and any other pertinent information. Project manager, key staff, and a bicycle must be present at interview. Within a reasonable period of time after the last interview, the Committee shall select the successful applicant based on qualifications and performance at the interview. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method, approach and schedule. Proposals will be evaluated based on the specific criteria outlined below. A. Project Management Score Team demonstrates overall success in operational experience, marketing and sales, and system expansion A strong project manager skilled at managing projects with a public-sector partner subject to community input, and experience with public and other stakeholder involvement Strong local operations manager skilled at launching and maintaining bicycle share systems Strong and demonstrated ability to market and gain ongoing sponsorships and maintain aggressive growth for a robust bicycle share system Ability to finance, operate, and maintain a bicycle share system without City subsidy Ability to collect, track, and synthesize key data points for on-going system monitoring and improvement, and ability to generate regular reports on these performance indicators for the City. Sub total 25% B. Experience and Capacity Score Financial capacity to self-fund the bicycle share system. Business model that minimizes costs, offers private investment opportunities, and plans for future expansion Experience in developing and operating bicycle share system Ability to maintain a system in a state of good repair for routine and non-routine needs of bicycles and station areas Expertise in user interface (UI) and user experience (UX) across multiple computer platforms, including mobile and post-PC devices (e.g. smartphones, tablets) References of project manager and other key team members References from municipal bicycle share operators Sub total 30% C.Approach Score Operator meets the requirements of the RFP, business license, and insurance requirements. Operator demonstrates effective strategies for addressing nuisance parking and public safety concerns. Understanding of the San Luis Obispo community and culture Overall quality of application Sub total 30% Item 16 Packet Page 399 -16- D. Additional Bicycle Share Elements Score Operator may, at its discretion, provide services, capacity, and revenue strategies above the minimum program requirements. The City acknowledges the creativity and experience that Operators will bring to a bicycle share system in San Luis Obispo. The City encourages Operators to propose system elements above and beyond the minimum standards established in this RFP. There are additional evaluative points available for these elements. Optional additional elements include, but are not limited to: Local bicycle shop partnerships Quality of equipment Payment integration with local transit Robust marketing strategy and sponsorship sales Ways to refer consumers to local bicycle shops for long-term rentals and gear (retail sales) Includes equity considerations, such as ability to accept cash payment for non-credit card transactions, subsidized membership rates for low-income users, etc. Other Sub total 15% 3.Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a.Issue RFP 02/22/21 b.Pre-Proposal Conference (optional)03/01/21 c.Receive proposals 03/08/21 d.Complete proposal evaluations 03/15/21 e.Conduct finalist interviews and finalize recommendation [date] f.Execute contract 04/05/21 g.Start work To Be Negotiated 4.Pre-Proposal Conference. An optional pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective bidders may have regarding this RFP: [INSERT VIDEO CONFERENCE INFO] [INSERT CALL-IN NUMBER] 5.Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 6.Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 7.Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. Item 16 Packet Page 400 -17- 8.Required Deliverable Products. The Contractor will be required to provide: a.One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP. b.Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager: Word Processing: MS Word Spreadsheets: MS Excel Desktop Publishing: InDesign Virtual Models: Sketch Up Digital Maps: Geodatabase shape files in State Plan Coordinate System as specified by City GIS staff c.City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. ALTERNATIVE PROPOSALS 9.Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s). 10.Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to two (2) public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks. 11.Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. Item 16 Packet Page 401 -18- To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. Item 16 Packet Page 402 -19- SECTION G: FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City requested proposals for [______________], per Project No. [xxxx] WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said project; NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said project. 2.CONTRACT TERM FOR OPERATOR SERVICE CONTRACTS. The services identified in this specification will be contracted for by the City for two years from the first date of deployment of the bike share system, or three years from the date this Agreement is made and entered as first written above, whichever comes first. 3.CONTRACT EXTENSION FOR SERVICE CONTRACTS. The term of the contract may be extended for an additional two years by mutual consent. 4.INCORPORATION BY REFERENCE. City Specification No. ______ and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The City’s terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. 5.CITY'S OBLIGATIONS. All costs associated with providing the services as specified in this Agreement, including but not limited to capital, operating, marketing, staffing, shall be the sole responsibility of the Contractor. The City will have no financial obligation associated with the services specified in this agreement for the duration of the contract period. Item 16 Packet Page 403 -20- 6.CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications. 7.AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 8.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 9.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Adam Fukushima Public Works Department City of San Luis Obispo 919 Palm Street, San Luis Obispo, CA 93401 Consultant Name Title Address 10.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: By:_____________________________________ City Manager APPROVED AS TO FORM: CONSULTANT: ________________________________ By: _____________________________________ City Attorney Name of CAO / President Its: CAO / President Item 16 Packet Page 404 -21- SECTION H: INSURANCE REQUIREMENTS Operation & Maintenance Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1.Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2.Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1.General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2.Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3.Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2.For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Item 16 Packet Page 405 -22- 4.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Item 16 Packet Page 406 -23- SECTION I: PROPOSAL SUBMITTAL FORM The undersigned declares that she or he: ◼Has carefully examined Specification No. XX for Bike Share Services, which is hereby made a part of this proposal. ◼Is thoroughly familiar with its contents. ◼Is authorized to represent the proposing firm. ◼Agrees to perform the work as set forth in this proposal. ❑Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Item 16 Packet Page 407 City of San Luis Obispo Specification No. 9xxxx -24- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Item 16 Packet Page 408 City of San Luis Obispo Specification No. 9xxxx -25- Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Item 16 Packet Page 409 City of San Luis Obispo Specification No. 9xxxx -26- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼Do you have any disqualification as described in the above paragraph to declare? Yes ❑ No ❑ ◼If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative Item 16 Packet Page 410 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 1 To: Adam Fukushima, City of San Luis Obispo From: Samuel Zneimer, Alta Planning + Design Date: November 5, 2020 Re: San Luis Obispo Rapid Bike Share Assessment Executive Summary This memo summarizes the current state of the bike share industry, while providing a “rapid assessment” of the potential for bike share in San Luis Obispo, CA. The report presents the following key considerations for launching a new bike share system: •Types of Service Models •Types of Governance (or Business) Models •San Luis Obispo Context Relevant to Bike Share System Performance •Potential System Scale, Costs, and Operations in San Luis Obispo •Funding Opportunities •Case Studies with Similar Characteristics to San Luis Obispo •Equity Considerations •Findings and Conclusions Key Findings 1.San Luis Obispo may likely need to approach operators with funding: Smaller cities are largely not currently target markets for privately funded bike share systems. While this does not mean a bike share system cannot be successful, it is important to underscore that some public funding (possibly substantial) may be necessary to finance the system, especially initially. San Luis Obispo Council of Governments (SLOCOG) has expressed strong interest in a bike share system; this may be a key funding opportunity for the City. 2.Partnering with Cal Poly may be the best approach for a long-term, sustainable system: A key criteria to a successful bike share system is finding areas with mid- to high-density and clusters of people and activity. In a small city this is usually found in a downtown area or college campus. With a student population of over 21,000 undergraduates and over 700 graduates, Cal Poly provides a key market segment that is a likely bike share system user. Additionally, the ability to include bike share membership in student fees provides a steady stream of revenue for the system while increasing the likelihood of system usage. 3.The rapid assessment found a bike share system in San Luis Obispo could support a range of 20-30 stations and 160-360 bikes. This system size would contribute toward the City’s adopted target of 20 percent bike commute mode share. If coupled with thoughtful equity-focused strategies, it has the potential to create new mobility options for communities with limited transportation options. Item 16 Packet Page 411 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 2 Bike Share Industry Summary There were an estimated 69 million bike share trips taken in North America in 2019 in communities of all sizes.1 The average trip was 30 minutes and traveled 1.4 miles. While the rates vary from city to city, surveys of bike share users have found a range of 11%-45% of users reporting that their bike share trip replaced an automobile trip (including ride-hailing trips).2 Bike Share in California The US Department of Transportation and the Bureau of Transportation Statistics tracks bike share and e -scooters across the country. Image 1 shows the locations of docked bike share, dockless bike share, and e-scooter share across the state in 2020. This includes systems in Sacramento, San Francisco, Oakland, Emeryville, Berkeley, San Jos é, Fremont, Los Angeles, Beverly Hills, Long Beach, and San Diego. Two communities on this map (Santa Monica and Riverside) recently ended operations in October/November 2020. Additional communities with bike share not reflected on this map include South El Monte (as part of GoSGV, the San Gabriel Valley bike share system), Davis and West Sacramento (as part of the Sacramento JUMP system), and campus systems. Finally, bike share was poised to launch in communities such as Richmond and Sonoma/Marin, but these system launches were delayed to 2021 due to COVID-19. Image 1. Locations of bike share and scooter share in California, 2020 (Source: USDOT BTS, 2020). 1 NABSA - 2020 State of the Industry 2 NACTO - Shared Micromobility in the USA. Item 16 Packet Page 412 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 3 Types of service models Two general types of bike share systems are in operation in the U.S. today: •Docked •Hybrid Each system type is defined in further detail in the following section. Both types have an option to include e-bikes as either the primary system vehicle or in addition to traditional bicycles. A third type of bike share system is dockless bike share, in which bikes are self-locking and may be left anywhere the user places it. While these types of systems were popular in 2017 and 2018, their deployment in the United States market has significantly declined. Given the limited options for dockless service providers and the input by the City Council in September 2019 to not pursue a dockless model given the challenges associated with the service model (e.g. bikes obstructing pedestrian clear zones, etc.), this system type will not be discussed further. Item 16 Packet Page 413 Alta Planning + Design, Inc. City of San Luis Obispo 4 Docked System Description Also referred to as station-based systems, this bike share system type is based on powered stations (either solar or hard - wired) with docks that securely lock a bike and kiosks for user payment transactions and information. At the kiosk, casual users can purchase a single trip, day pass, or short -term membership on-demand. Bike share bikes must be retrieved from and returned to a station. Because the equipment is relatively expensive, most U.S. agencies use federal transportation grants and large corporate sponsorship deals to cover the capital and op erations costs. Defining Feature Because bicycles within a dock-based system must be secured at a station, station density and visibility are critical to success, rebalancing is a major element of operations, and users enjoy reliability. The local governme nt has control over bike locations, level of service, and pricing because the systems are largely city or agency -owned. Feasibility Considerations Pros Cons Station placement gives the agency control over bike locations and parking in the public right-of-way. Stations with docks mean higher system costs than hybrid options. Contracting establishes service level standards including: pricing, maintenance, customer service, usage data, bike quality, and safety. More upfront work is required to plan and design station locations. Bike locations are predictable for users, which is particularly valuable for commuters and transit riders. Station placement may require permits and negotiation with adjacent land owners. Stations create a physical presence for the bike share system and advertise to new users. Reliance on sponsorship and grants can be difficult to sustain. Status as “infrastructure” can establish a more long- lasting system. Lack of flexibility limits the geographic reach and access to destinations for users. Difficult and expensive to upgrade system, as technology evolves. Cost Considerations Typical station with 8-10 bikes: $35,000 to $55,000 Operating fees: $2,000-$2,500 per bike per year Example Providers •Lyft (Motivate) (Example market: Oakland, Emeryville and Berkeley, CA) •BCycle (Example market: Madison, WI) •Bewegen (Example market: Columbia, SC) •Koloni (Example market: Fox Valley Region, IL) Item 16 MEMORANDUM Packet Page 414 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 5 Hybrid System Description Also referred to as a “smart bike” system, this approach houses transactions on the bike rather than at a station. Parking requirements for a hybrid system can range from allowing parking at a bike rack anywhere within the service area to requiring bicycles be locked at virtual stations, or hubs, that consist of branded racks. The racks have no software or technology features (different than the dock-based system), though they may be delineated using geofencing to a certain extent. When stations are included in the system, the program can require that a bike be left at a station or can permit it to be parked anywhere within the service area. In this type of hybrid system, a typical pricing structure charges a fee to park outside of the hubs or offers an incentive to park at the stations to encourage users to use the branded racks. Defining Feature Offer the reliability and visibility of docked systems with significantly more flexibility. Agency contracts or ownership provide control over implementation, but less ability to manage parking in the right-of-way once launched. Hybrid systems are found in cities of all sizes. Feasibility Considerations: No Stations Pros Cons System can be launched more quickly than docked or hybrid systems with stations. Without adequate bike parking infrastructure, bikes can be improperly parked and obstruct the right-of-way. Station planning and design is not necessary, which saves time and money. Fleet can suffer higher rates of vandalism and theft. System is highly flexible for users. Item 16 Packet Page 415 Alta Planning + Design, Inc. City of San Luis Obispo 6 Feasibility Considerations: With Stations Pros Cons Sponsorship opportunities can create community partnerships. The hardware and software included on the bikes and the need for stations means higher costs than hybrid systems without stations, but lower than fully docked. Station placement gives the agency control over bike locations and parking in the right-of-way. Station placement may require permits and negotiation with adjacent land owners. Stations create a physical presence for the system and advertise to new users. Time and funding for re-balancing bikes. Bike locations are both predictable and flexible for users. Difficult and expensive to upgrade system as technology evolves. Users can more easily locate a pod of bikes for a group to ride. Status as “infrastructure,” can establish a more long- lasting system. Cost Considerations In viable markets, equipment and operations are typically provided to agencies at no cost and companies must apply and pay for permits to operate the system. Companies are supported by venture capital and user fees. In smaller markets, the system is likely to be either purchased outright by the lead agency or procured and contracted through a competitive RFP process. Typical station with 8-10 bikes: $20,000 to $25,000 Operating fees: $2,000-$2,500 per bike per year Example Providers •Lyft (Motivate) (Example market: Portland, OR) •Gotcha (Example market: Washington State University) •Veoride (Example market: Cedar Rapids, IA) •CycleHop (Example market: Beverly Hills, CA) •BCycle (Example market: Los Angeles, CA) •Uber (JUMP) (Example market: Davis and Sacramento, CA) Item 16 MEMORANDUM Packet Page 416 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 7 Bike Share Business Models There are four basic bike share governance models in the United States: •Privately owned and operated (permitted or contracted) •Publicly owned and privately operated •Publicly owned and nonprofit operated •Nonprofit owned and operated Generally, there is little relationship between bike share business models and city size. For example, privately owned and operated systems may work well in small cities looking for a turnkey solution, while larger cities may attract companies based on market profitability. The only difference between these models may be that a large city offers permits for a bike share company to operate in their city, while a small city may contract a company to operate in their city. Similarly, publicly owned or nonprofit owned systems may be found in both large and small cities. Item 16 Packet Page 417 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 8 Privately Owned and Operated Description An experienced private company brings established skills and credentials in operating bike share programs. The company takes on the risk of funding and operating the program in return for generated revenues. This model is most attractive in markets that support strong returns from advertising, such as a large city or a community with large employers. Privately owned and operated systems can either be awarded permits to operate within a city (the company pays the city to operate) or can be awarded a contract to operate within the city (t he city pays the company to operate). This is largely dependent on the local market. Example Markets Sacramento, CA: Lime owns and operates the JUMP system in Sacramento, West Sacramento, and Davis. San Gabriel Valley, CA: Gotcha owns and operates the GoSGV electric-assist bike share program for the region. Feasibility Considerations Pros Cons Removes financial responsibility and risk from the City and other local partners Correlated to market demand and highly dependent on private sector interest The private operator is strongly incentivized to ensure program success (e.g. high ridership and profitability) Due to private operation, agency control and program transparency is limited to what is defined in regulation and permitting Higher likelihood of success due to established skills and experience from private sector operator Funding options may be limited to what private operator can support Equity goals are harder to implement Summary of Staff Resources Required This type of business model likely requires a low to medium level of City staff involvement. Staff time may include: •Significant involvement in administering and managing a permit program or a contract that enables operations; •Varying levels of involvement in performance monitoring, depending on the number of vendors operating and/or the robustness of the permit or contract stipulations; •Limited involvement in outreach/engagement; •Little to no involvement in seeking sponsor or grant funds . Item 16 Packet Page 418 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 9 Publicly Owned and Privately or Non-Profit Operated Description Ownership and financial responsibility for the system is managed by a government agency (e.g., a City, regional, or transit agency). The agency contracts out operations to a third party (or parties), which manages equipment, sponsorship and advertising, marketing, promotions, etc. Example Markets Austin, TX: The City of Austin owns the MetroBike B-cycle bike share system, while the nonprofit Bike Share of Austin operates the system. Chicago, IL: The City of Chicago owns the Divvy bike share system, while Motivate (owned by Lyft) operates the system. Feasibility Considerations Pros Cons The agency has full program control, including the brand, look, and operating standards Agency must have both interest and capacity to manage the program Agency can apply for federal, state, and local funding Agency takes on risk and ongoing financial responsibility Public can hold the agency accountable to a transparent system There are multiple competing priorities beyond financial and operating performance Agency can include goals such as geographic and social equity in the program Summary of Staff Resources Required This type of business model likely requires a medium to high level of City staff involvement. Staff time may include: •Significant involvement in contract administration and management; •Significant involvement in performance monitoring; •Significant involvement in shared decision-making; •Varying levels of involvement in outreach/engagement; •Varying levels of involvement in soliciting sponsorships or grant funds . Item 16 Packet Page 419 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 10 Nonprofit Owned and Operated Description An existing or newly formed nonprofit organization (NPO) takes on ownership and financial responsibility for the program. The NPO can manage any combination of responsibilities, including day -to-day system operations, and can also contract out some services to a third party, e.g., marketing and promotions, sponsorship and advertising, etc. Example Markets Boulder, CO: Boulder Bike Sharing owns and operates the Boulder B-cycle system. Tulsa, OK: This Machine owns and operates the Tulsa bike share system. App and technology support is provided by Drop Mobility. Feasibility Considerations Pros Cons This option provides the most flexibility in funding, including local, state, and federal funds, sponsorships, advertising, and philanthropic contributions If NPO is newly-created, building capacity and establishing organization can take time Community-oriented missions of NPOs are well-received by the public NPO often lacks skills and experience at system launch A Board of Directors made up of a broad range of community stakeholders effectively engages public, private, and community organizations in the system The NPO’s performance standards may not meet public and agency expectations for transit service Summary of Staff Resources Required This type of business model likely requires a low to medium level of City staff involvement. Staff time may include: •Moderate involvement in con tract administration and management; •Varying levels of shared decision-making, depending on contract stipulations; •Varying levels of performance monitoring, depending on contract stipulations and/or the public agency's role as a funder; •Limited involvement in outreach/engagement; •Limited involvement in solicitation of sponsorships ; •Moderate involvement in soliciting grant funds . Item 16 Packet Page 420 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 11 San Luis Obispo Rapid Bike Assessment San Luis Obispo has a goal to reach 20 percent bike commute mode share by 2030. The following section of this memo will discuss how bike share may fit into the San Luis Obispo context to help the City achieve its mode share goal. San Luis Obispo Context Demographics & Potential User Profiles The City of San Luis Obispo is home to approximately 47,000 residents, with roughly 8,000 additional people living on - campus at California Polytechnic University (Cal Poly), located just outside of the City Limits. With a jobs-to-housing ratio of 2.5:1, many San Luis Obispo workers commute into town from outside areas, increasing the City’s weekday population to nearly 56,000 persons. Most employed San Luis Obispo residents work within the City, with nearly 60% reporting a daily commute time of less than 15 minutes. Major employers within the city include Cal Poly, San Luis Obispo County, Tenet Healthcare and the City of San Luis Obispo. The median age of San Luis Obispo residents is 26, much younger than the County (40) and State (37), likely due to the college-aged population. Children and young adults under the age of 24 account for 48 percent of the city population, while 12 percent are aged 65 and over. Average household income is $49,600, roughly 25 percent below the County average, and roughly 32 percent of San Luis Obispo households own one or fewer automobiles.3 In fall 2019, the City of San Luis Obispo administered a Citywide Household Transportation Survey to residents. Based on the results, the survey profiled San Luis Obispo’s population into one of four bicycling “types”: •19 percent are “strong and fearless” — they will ride on any roadway regardless of traffic condition. •38 percent are “enthusiastic but cautious” — they will share the roadway with traffic if necessary but prefer to ride in a designated bike facility •22 percent are “interested but concerned” — they bicycle infrequently but would ride more if they felt safer. •21 percent are “not currently interested” — they are not interested in bicycling at this time. Based on this understanding of San Luis Obispo demographics, the profile of a potential user of a bike share program might include: •Local residents who live, work and recreate in the bike share service area seeking another mobility option to get to work or go out to a restaurant; this can be especially critical for the 32 percent of households who own one or fewer automobiles, or those that live near a bus line. The program should identify ways to provide equitable access to the bikes in order to reach this user group. •Transit commuters traveling to the Downtown Transit Center or elsewhere wanting to run errands or meet a friend for lunch. In this way the system can: o Offer a “first or last mile” option between transit and work, school or other similar destinations. o Extend the reach of transit into areas that are currently underserved by transit, particularly with electric - powered bikes that extend trip distances. •Driving commuters who want to run errands or meet a friend for lunch during the workday. •University and college students wanting to get downtown or other destinations off campus. •Visitors accessing parks, entertainment, hotels, and cultural attractions. •Residents, employees or visitors looking to go for a relatively-short recreational ride along the Railroad Safety Trail and other city greenways. 3 Draft San Luis Obispo Active Transportation Plan 2020 (American Community Survey 2018 5 -year estimates) Item 16 Packet Page 421 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 12 Land Use Profile & Potential Service Area/Station Locations Bike share systems are most successful where there is a mix of land uses, medium - to high-density of homes and jobs, and where trip-making occurs throughout the day and night as well as on weekends. The City consists primarily of low - and medium-density residential and open space, with retail uses concentrated at the heart of the City’s downtown core and the corridors along Los Osos Valley Road and Madonna Road. Key destinations include the downtown core and Mission Plaza, Cal Poly, the Damon-Garcia Sports Fields, large retail centers along the Madonna and Los Osos Valley Road corridors, the San Luis Obispo Airport & adjacent business parks, hospitals, rail station, and numerous parks & open spaces, such as Bishop Peak and Laguna Lake Park. Local public K-12 schools within the City Limits include 7 elementary schools, Laguna Middle School, San Luis Obispo High School. Item 16 Packet Page 422 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 13 Bike Share Demand The following areas are expected to have high bike share demand, relative to the City as a whole: •Downtown San Luis Obispo, including Downtown Transit Center & Mission Plaza •California Polytechnic State University •High-, medium-high, and medium-density residential areas north of Downtown, including those east of Hwy 1 and along California Blvd that connect to Cal Poly o The Railroad Safety Trail along California Blvd would provide a safe place for “interested but concerned” residents to use bike share •High-, medium-high, and medium-density residential areas south of Downtown •San Luis Obispo Amtrak station and nearby retail area o The Railroad Safety Trail would provide a safe place for “interested but concerned” residents to use bike share •Parks, such as Meadow Park, Mitchell Park, and Emerson Park Potential System Scale, Costs & Revenues System Scale The system scale will be highly dependent on the service model and the business model. In a fully station -based bike share system, the system works best when stations are located at destinations and spaced no more than ¼ mile (1,320 feet) apart. While the number of bikes at a station will depend on the demand for bikes at the station (e.g. stations at high -traffic locations such as transit stops and retail destinations would offer more bicycles), most systems average 8 to 12 bikes per station. The industry standard for providing docks ranges from 1.6 to 2.0 docks per bike. A higher number of docks per bike reduces the likelihood of stations reaching full capacity, which reduces out-of-station parking and makes for a better and more reliable user experience. Assuming a station-based bike share system that includes all key areas noted in the prior section, this service area would likely support a minimum system size of 20 stations and 160 bikes, and a maximum of 30 stations and 360 bikes. A higher number of stations unlocks more potential bike share trips, while a smaller system might make it more difficult for users to find bicycles or access destinations. In a hybrid system that offers a bicycle that can lock to a bike rack anywhere in the service area, stations may be spaced farther apart, as users will have the option to park at a rack near their destination. System Cost & Revenue The actual costs and revenues of the bike share system will vary depending on the selected vendor, specific equipment, pricing structure and usage. These figures provide conservative estimates using current data from the industry. Though the events of the 2020 year have brought major change and uncertainty, the direct costs of bike share system equipment and operations are not expected to shift significantly. The following section describes the two major types of costs associated with bike share systems: start-up costs and operating costs. Start-Up Costs This category includes both capital and launch costs. Capital costs are the costs associated with the purchase of equipment including bikes, transaction kiosks (if present), map frame panels and docks. Launch costs are mostly one-time costs that include up-front costs such procuring a service center and storage warehouse, purchasing bike and station assembly tools, station installation, website development, communications and IT set-up and pre-launch marketing. Item 16 Packet Page 423 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 14 Operating Costs Operating costs include those required to operate and maintain the system. This includes staff (may be a combination of City and/or vendor staff) and equipment related to: •Station maintenance: Including troubleshooting any technology problems with the kiosk or docki ng points, cleaning and clearing the station, removing litter and graffiti, etc. •Bike maintenance: Including regular inspection and servicing of bikes as well as maintaining equipment inventory, etc. •Re-balancing: Staff time and equipment associated with moving bikes from full to empty stations and vice versa. This is typically a problem associated with peak demand at commute periods and during events. Re-balancing costs can be mitigated through the use of pricing that encourages riders to return bikes to priority stations or to stations low on bikes. •Customer service: Providing a responsive customer interface for inquiries and complaints as well as performing marketing and outreach to new and existing customers. •Direct expenses: Such as maintaining an operations facility, purchasing tools and spare parts, upkeep of software, communications and IT, administrative oversight, and general administrative costs such as insurance and membership database management. Most vendor/operators price out a system with a per-bike cost for launch, capital costs, and operations. Based on current industry data, Alta estimates bike share costs for a docked or hybrid system in San Luis Obispo to be: •Launch: $2,000/bike •Capital: $3,000/bike •Operations: $2,000/bike/year Using this data, a conservative estimate for a bike share system in San Luis Obispo with 20 stations and 160 bikes would require $320,000 in launch costs, $480,000 in capital costs, and an annual operating cost of $320,000. A conservative estimate for a bike share system in San Luis Obispo with 30 stations and 360 bikes would require $720,000 in launch costs, $1,000,000 in capital costs, and an annual operating cost of $720,000. Actual costs will be dependent on the specific equipment and vendor chosen. Revenue: User Fees The revenue sources for bike share come from user fees, sponsorship, advertising and public funding. User fees include the fees bike share patrons pay for memberships, along with any overtime fees. A key factor to determine revenue through user fees is the “Farebox Recovery Rate” (FRR). The FRR is the percentage of the system’s operating costs expected to be covered by user fees. In bike share systems similar to the recommended system and in cities of similar sizes to San Luis Obisp o, the FRR ranges from 20 - 40 percent. Assuming an FRR of 25 percent, the user fees for bike share in San Luis Obispo are expected to be approximately $80,000 to $180,000 in the first year of operation. The FRR is expected to grow over the first three yea rs as more users join the system. Considering the FRR, the annual operating gap (costs minus revenues) can be estimated at $240,000 to $540,000 per year. This funding may be secured through a variety of sources, including a combination of sponsorship reven ue, and state and federal grants. See the next section of this memo for more information on funding opportunities. Item 16 Packet Page 424 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 15 Funding Opportunities Revenue for bike share programs typically comes from user fees, public grants, and sponsorship and advertising. It is expected that the full cost of bike share will not be covered by these funding sources. Direct appropriations will likely be required to cover the difference between the cost and the revenues from these sources. San Luis Obispo bike share should leverage all three sources of funding to implement and sustain bike share in San Luis Obispo. User Fees User fees include the fees bike share patrons pay for annual, monthly or daily memberships, along with any additional fees (i.e. use of a bicycle beyond the prescribed use period) and pay-per-trip options that are not classified as a membership. Users fees are projected to cover approximately one-third of the operating costs in San Luis Obispo by Year 3 and none of the capital costs. Grants and Public Funding Numerous public funding options are available for bike sharing in the United States, but the most common are federal grants issued by agencies such as FHWA, FTA, or CDC, state grants, and local transportation funds. The FHWA provides a summary of public funding sources in its guide to Bike Sharing in the United States (2012): http://www.fhwa.dot.gov/environment/bicycle_pedestrian/funding/faq_bikeshare.cfm At the statewide level, there is a California voucher program called Clean Mobility Options Voucher Pilot that is designed to fund micro-mobility projects (such as bike share) in disadvantaged communities and at affordable housing locations. There will be an application window in 2021. San Luis Obispo would only qualify for this grant if the bike share were based out of an affordable housing facility located in one of the SB1550 Low-Income Census tracts in the City. This is likely not a good fit for the City, as San Luis Obispo is exploring a city-wide bike share system. More information can be found at: https://www.cleanmobilityoptions.org/ At the local level, most cities have limited the use of local public funding to providing local matches to federal grants (such as CMAQ) as well as providing in-kind services such as staff time, right-of-way use, or displacement of on-street parking revenues (Columbus, OH is one exception as they committed $2.3M of local funds from the Capital budget to purchase the equipment). Local funding would most likely be directed towards capital costs or a specific annual amount for operations (for example, Boulder, CO commits $50,000 annually to the bike share program). Agencies are less likely to want the responsibility — and potential uncertainty — of funding annual operating costs. In other cities, ongoing public funding has come from local “steady stream” sources such as parking rev enues, bus bike rack advertising, special taxes, or a portion of the fees imposed for new license plates. Station purchase could also form part of a developer’s transportation demand management (TDM) strategy. This strategy has been used to fund six new bi ke share stations in Cambridge, Massachusetts. San Luis Obispo bike share may also consider approaching other public agencies to solicit grant funding, such as SLOCOG. Advertising and Sponsorship Revenues There is a subtle difference between advertising and sponsorship. Advertising includes a contract with a company to provide a regularly changing graphic display and message, which could be independent of the bike share station or other street furniture. The advertiser or message may not be associated with bike sharing or bicycling in general. Sponsorship typically involves a longer-term relationship between the sponsor and the vendor, where stickers are put on the infrastructure (bikes, stations, or website) with a logo or statement that “Comp any X supports SLO bike share.” Item 16 Packet Page 425 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 16 Sponsorship provides a significant funding opportunity. Potential major partners include local hospitals (e.g. French Hospita l Medical Center, Sierra Vista Regional Medical Center) or local companies (e.g. Mindbody, Inc.). E xperience in other cities has shown that companies are generally interested in sponsorship for its positive impression and “good corporate citizen” benefits as much as for its media exposure. The value of sponsorship varies significantly between cities and the level of branding. It is possible that sponsorship in the range of $5,000 to $10,000 per station per year is achievable in San Luis Obispo based on experience in other cities: •Nice Ride Minnesota obtained approximately $5,500 per station per year for presenting sponsorship from BlueCross BlueShield (this does not include additional station sponsorship sales that would increase this rate). •CoGo in Columbus OH received $8,333 per station per year for station sponsorship by the Medical Mutual company. •GREENbike in Salt Lake City received $25,000 per station for a three-year term ($8,333/year) and received sponsorship for 8 of the inaugural ten stations. •Denver B-cycle reported sponsorship of approximately $11,700 per station in 2011. There are generally four approaches to sponsorship: •Title Sponsor: A single sponsor that pays for full branding of the system. Not often feasible in smaller markets. •Presenting Sponsor(s): A sponsor or sponsors that pay for certain parts of the infrastructure. Allows for multiple sponsors to support the system, but requires significant effort to secure and retain sponsors. May not be feasible in a smaller market. •Station/Hub Sponsors: A sponsor or sponsors that pays for logo placement on a station kiosk and/or a certain number of bikes. Allows local businesses to participate, but requires significant effort to secure and retain sponsors. This is a good option in a smaller market; however, the amount of funding may not be sufficient to cover system costs. •Other sponsors: One-time sponsors, product partners, media partners, and others may contribute to the system. For example, a sponsor can pay for day-passes for all residents for one weekend. This is useful for marketing and outreach, but does not provide a steady stream of revenue to cover system costs. Other Considerations The City may consider implementing the bike share in conjunction with its transit system to secure zero -emission bus (ZEB) credits through the California Air Resources Board (CARB)’s Innovative Clean Transit (I CT) regulation. Under ICT, transit agencies are required to transition to a 100 percent ZEB fleet by 2040. A transit agency may opt to use a Zero-Emission Mobility Program in lieu or in conjunction of making a ZEB purchase to meet the required minimum number of ZEBs. In order for bike share to qualify for these credits, the program must meet the following requirements (as set forth in section 2023.1(a)(4) of the ICT regulation): 1.The program provides zero-emission mobility services by using bicycles, scooters, or other zero-emission vehicles with a gross vehicle weight rating of 14,000 pounds or less, or any combination of these; 2.The program must be either directly operated by the transit agency or operated by a contractor to the transit agency; 3.The transit agency must be able to track and record zero-emission passenger miles for each zero-emission vehicle. Item 16 Packet Page 426 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 17 Case Studies Great Rides Bike Share, Fargo Location: Fargo, ND (population: 122,359) Owner/Operator: Great Rides Bike Share Inc. (BCycle system) Start of Service: 2014 (*paused in 2020 due to COVID-19 pandemic) System Type: Docked Number of stations/hubs: 11 stations Number of bikes: 100 bikes Although not in California or on the West Coast, Fargo’s Great Rides Bike Share system is one of the best examples of a system that serves both a city and a university. Five stations are on campus while the remaining six are clustered in the downtown. System design and management heavily reduces barriers to entry for NDSU students, who are automatically enrolled in program membership through mandatory student fees, which help to fund the system. Students activate bikes with their student ID cards. Non-student residents can join as an annual member, a monthly member, or can pay per hour. This integration and partnership with the University has led to system success, with students taking 90% of all bike share trips and each bike averaging 6-7 rides per day. In 2017, the system averaged about 13,500 trips per month; there were between 12,000 and 25,000 trips per month during the school year, and about 5,500 trips per month in the summer. JUMP Bikes, Santa Cruz Location: Santa Cruz, CA (population: 64,725) Owner/Operator: JUMP / Lime Start of Service: 2018 End of Service: 2020, due to Lime’s acquisition of JUMP System Type: Hybrid Number of stations/hubs: 25 stations Number of bikes: 350+ bikes The City of Santa Cruz partnered with JUMP Bikes to bring bike share to Santa Cruz, with the goal of providing affordable short-term bike rentals and a new transportation option to residents and visitors alike. The system saw 2.5 to 6.2 trips per bike per day, with 20,000 to 50,000 monthly trips and monthly average trip distances ranging from 1.4 to 2.3 miles. These statistics suggest a very well-used system in a community with many similarities to San Luis Obispo, including the presence of a university. While the system performed well in its two operating years, the program ended when Lime Scooters acquired JUMP and the City was told that the system would not continue unless the company was allowed to deploy at least 2 scooters for each existing bike. Item 16 Packet Page 427 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 18 Santa Barbara BCycle, Santa Barbara Location: Santa Barbara, CA (population: 91,350) Owner/Operator: BCycle Start of Service: 2020 TBD (not yet in service) System Type: Docked Number of stations/hubs: TBD (estimate: 30 stations) Number of bikes: TBD (estimate: 125-250 electric bicycles) Santa Barbara will be launching electric bike share through a partnership with BCycle. The program was approved by City Council on October 20, 2020 despite concerns from the Historic Landmarks Commission. The system will be fully electric and residents or visitors to Santa Barbara will be able to rent bikes using a smart phone app. Currently, JUMP Bikes, Sacramento Location: Sacramento, CA (population: 508,529), West Sacramento, CA (population: 53,727), Davis, CA (population: 69,289) Owner/Operator: JUMP / Lime Start of Service: 2018; re-launch in 2020 End of Service: 2020, due to Lime’s acquisition of JUMP System Type: Hybrid Number of stations/hubs: Unknown Number of bikes: 200-600 bikes The Cities of Sacramento, West Sacramento, and Davis partnered with JUMP Bikes to bring bike share to the Sacramento region in 2018. The initial program was hugely popular; Sacramento ranked second (behind Paris) for the most -used JUMP system in the world. Between June 2019 and February 2020, riders in Sacramento took about 550,000 bike trips. The program was paused in March 2020 due to Lime’s acquisition of JUMP, and re-launched in September 2020. Bikes are currently only available in Sacramento and West Sacramento, but are expected to return to Davis “very soon,” according to Davis Vice Mayor Lucas Frerichs. The new Lime program include a low-income program called LimeAccess, which costs $5/year and allows free rides of up to 30 minutes. Item 16 Packet Page 428 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 19 Equity Considerations Equity initiatives are imperative to a successful bike share system. These initiatives mitigate barriers to access for low- income and underrepresented communities, and promote an accessible system that caters to the needs of a wide variety of users. Defining equity in bike share systems is complex and is often contextual to the region it serves. For San Luis Obispo, this definition is an important step as it will inform the practices and operations of the system. The more ways an equity program addresses the barriers for bike share usage, the more robust and successful it will be. The equity of bike share systems is largely evaluated in terms of the ability of all populations represented within the community to participate in the program (i.e. removing barriers to access) as well as geographic di stribution and station placement. Alta researched effective bike share system equity strategies across North America to understand which strategies will most effectively accompany San Luis Obispo’s proposed system. Several systems provided useful examples including Sacramento’s former JUMP bike share system which offers lower ridership costs to low-income users, as well as Boulder’s B-Cycle system which has a variety of pass options to cater to a variety of user needs. The following initiatives are recommended for the City of San Luis Obispo. Removing Barriers to Users Subsidized Memberships and Income-Based Discounts: The vast majority of bike share systems that pursue equity goals, regardless of size, have plans that address the financial barriers to users . An income-based discount option is a key strategy to include low-income bike share riders who may not be able to afford the transportation service at the standard fee. Subsidized memberships support equity goals by reducing barriers to access to those wh o might not usually consider bike share to be a low-cost form of transportation. Cash Payment: In recent years, many bike share providers, both public and private, have implemented cash payment options where users can go to designated locations to add cash to their accounts. Reload locations are often social service providers, bike share offices, and local grocery or convenience stores. Alternate Payment Structures: Beyond income-based discounts and cash payment options, bike share systems should consider other alternative payment structures in order to reduce the financial barriers to entry. For example, rather than offering either a year-long pass or weekly passes, bike share providers could consider offering monthly passes which cater to regular users who can’t afford the high total cost of a year-long pass or the high per-trip cost of a weekly pass. Additionally, providing longer rental times can alleviate fears of overage charges. Reduce Liability and Eliminate Hidden Fees: Some bike share systems require a deposit or have steep fees for lost or stolen bikes. Eliminating these fees across the board or just for low-income users can make people feel more comfortable using the system. This will require discussion with the operator/vendor ultimately chosen to support implementation of bike share in San Luis Obispo. Targeted Marketing: Targeted marketing is any content that increases awareness of the bike share among demographics and populations that may benefit from additional outreach. This strategy is a key way for providers to pursue equity goals. Targeted marketing should reflect the needs of San Luis Obispo residents and visitors. Successful content is created for (and often with the help of) specific groups and communities the bike share system hopes to engage. These strategies could include: ambassador photo shoots, press releases, social media, billboards, bus -stop displays, bike station panels, flyers, emails, and custom painted or sponsored bikes by community partners. Additionally, bike share informat ion offered in both Spanish and English will help further reduce barriers. Electric Assist Bikes: Electric assist bicycles provide better access to a system’s service area for riders with mobility and fitness challenges. With the introduction of these bikes into the bike share system, users will be able to more easily move throughout the service area, as electric bikes make longer trips more possible and help users to overcome steep terrain. Item 16 Packet Page 429 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 20 Address Enforcement That May Deter Usage: People of color (POC) receive bicycle-related citations from police officers at higher rates than people who are white. This may deter potential users from accessing the system. Fear of being stopped for not having a helmet or for violating rules such as riding on the sidewalk m ay deter POC groups within the community from seeing bike share as a safe and viable transportation option. Though concrete solutions to this barrier are beyond the scope of this memo, it is important to highlight the need to acknowledge that some users ma y not feel comfortable using bike share. Program operators should consider implementation of outreach, education, and/or encouragement programs that may help counter the effects of the aforementioned fears. Geographic Accessibility Station Location and Service Area: Bike share station locations and service area extent are critical components of an equitable system. While bike share systems typically launch in high demand (and presumed higher revenue) areas, such as downtown and near tourist destinations, geographic and social equity should be considered when deciding where to locate a station. San Luis Obispo’s recommended stations should be selected through an equity lens. Areas where low -income residents live and places close to public transit corridors should be used to create the recommended bike share stations and service area extent. Rebalancing: Bike sharing is a transportation system that is dynamic and fluid. It is important for every bike share provider to ensure the appropriate redistribution of bicycles to its full service area such that no location is over or undersupplied. Without rebalancing efforts, the system may drift away from its original service area and be rendered ineffective or exclusionary to certain communities. Stations located in SB1550 Low Income census tracts should be prioritized for rebalancing efforts as these areas were identified in the equity analysis. Bike share providers can also incentivize rebalancing by users through fee and payment structures or prioritize certain locations over others to ensure that the system is equitable for all people. Item 16 Packet Page 430 MEMORANDUM Alta Planning + Design, Inc. City of San Luis Obispo 21 Findings and Conclusions San Luis Obispo will likely need to approach operators with funding Smaller cities are currently less lucrative target markets than large cities for privately funded bike share systems. While this does not mean a bike share system cannot be successful, it is important to underscore that some public funding (possibly substantial) will likely be necessary to finance the system, especially initially. SLOCOG may be a partner to provide system funding. San Luis Obispo meets many of the criteria that are associated with successful small city bike share systems, including presence of a college campus, existing and planned bicycle facilitates, flat topography, nearby recreational areas with trail connections, and serving as the region’s primary media market. Due to these factors, it is likely a system will be successful from an operational standpoint and, over time, may require less City fu nding. Partnering with Cal Poly may be the best approach for a long-term, sustainable system As noted, a key criterion to a successful bike share system is finding areas with mid- to high-density and clusters of people and activity. In a small city this is usually found in a downtown area or college campus. With a student population of over 21,000 undergraduates and over 700 graduates, Cal Poly provides a key market segment that is a likely bike share system user. Additionally, the ability to include bike share membership in student fees provides a steady stream of revenue for the system while increasing the likelihood of system usage. Cal Poly also employs over 3,000 staff members. The bike share program may be able to offer these staff members discounted memberships to facilitate trips such as commute trips or errands to other areas of the city. Item 16 Packet Page 431 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 16 Packet Page 432 Department Name: Public Works Cost Center: 5101 For Agenda of: December 8, 2020 Placement: Business Estimated Time: 45 Minutes FROM: Matt Horn, Public Works Director Prepared By: Alexander Fuchs, Parking Services Supervisor SUBJECT: FOLLOW-UP ON DIRECTION PROVIDED BY CITY COUNCIL AS PART OF THE DANA STREET PARKING DISTRICT APPROVAL RECOMMENDATION 1.Receive requested information for the Dana Street Parking District; and 2.Direct staff to survey Multi-Family Properties along Dana Street to ensure a majority of these properties wish to be included in the Dana Street Parking District; and 3.Direct staff to return to Council with municipal code amendments and an update to the Dana Street Parking District Resolution based upon Multi-Family Properties survey results. DISCUSSION Background At the requests of residents, the Dana Street Residential Parking District (District) was established by Council on January 14, 2020 and encompasses the majority of Dana Street from Nipomo Street to the easterly end of the Dana Street (See Figure 1). Dana Street can accommodate 78 on-street parking spaces and 58 are included in the current District. This area of Dana Street serves 41 residential properties, five multi-family properties, and two commercial properties. At this time, neither the multi-family nor the commercial properties are included in the District because the Municipal Code section that governs parking districts limits participation in the formation process and restricts eligibility to receive permits to residential properties with four or fewer units. Dana Street is located just west of the downtown area and has long been used by visitors and employees for their downtown parking needs. In recognition of those uses, the District includes a pilot two-hour timed parking overlay, which allows non-District vehicles to park for up to two hours without being immediately subject to citation. The timed parking restrictions are only in effect during district enforcement hours. Figure 1: Existing Parking District Item 17 Packet Page 433 Council January 14, 2020 Direction Upon establishment of the District, Council directed staff to analyze the following possible revisions to the District (Attachment A - January 14, 2020 Council Meeting Minutes): 1. Explore the concept of providing one parking permit for each unit of a Multi -Family Property when the property has eight units or less; 2. Explore expanding the District to include the entire length of Dana Street from Nipomo Street to easterly terminus of Dana Street; and 3. Explore the formation of a special event process that addresses reoccurring events that increase parking demand. Analysis of Council’s Direction Item 1: Explore the concept of providing one parking permit for each unit of a Multi- Family Property when the property has eight units or less Staff analyzed issues with providing permits to the multi-family properties with eight units or less. The issues identified included availability of on-street spaces within the District, adherence to the Municipal Code section that governs permit issuance and implications of approving permits for properties that would otherwise not be eligible, and the one multi-family property that contains more than eight units which would not qualify to receive parking permits. The City’s Municipal Code Section 10.36.170 that governs the residential parking district process limits participation to residential properties of four dwelling units or less. The District excludes five multi-family properties of which four have between five to eight units with one exceeding eight units. Currently, consistent with the Municipal Code, no residential parking permit district in the City allows for residential properties with more than four units to participate in the process or to be eligible to receive permits. This limitation is based on the City’s zoning regulations, which require residential properties with five or more units to provide on-site parking for residents as well as guests. Inclusion of multi-family properties on Dana Street could lead to other multi- family properties petitioning to be included within existing and future residential districts. There is one multi-family property on Dana Street consisting of more than five units (sixteen units) that would continue to be ineligible to receive parking permits and be solely reliant upon off-street parking spaces for their parking needs. The property included the required number of on-site spaces at time of construction but staff did not analyze whether the spaces provided on- site are sufficient to meet the needs of the current tenants. The Municipal Code would need to be amended to allow for multi-family properties with eight units or less to be eligible for permits. This action would impact other districts and would add more residential properties into the District. Item 17 Packet Page 434 Item 2. Explore expanding the District to include the entire length of Dana Street from Nipomo Street to easterly terminus of Dana Street (see Figure 2). The existing District was implemented to provide one contiguous permitted area while preserving open parking locations for multi-family and commercial properties. Extending the District to the entire street would eliminate open on-street parking for residents and visitors that do not possess a valid parking permit see Figure 2. Expanding the District boundaries without including some provision for permitted parking for multi-family properties could create hardship for properties outside of the District while providing more on-street parking for current permit holders. Figure 2: Expanded Parking District If included in the District, the four eligible multi-family properties, would result in 28 additional permits being issued to the district. As currently comprised, the District has 41 qualifying units for a total of 82 permits available. The number of on-street parking spaces within the current district boundaries is approximately 58. Without the multi-family properties, there are 40% more permits issued than on-street spaces for use by permit holders in the District. Adding 28 permits would represent an increase of 34% above current available permits. This increase could be addressed by extending the District to the entire block and adding 20 more spaces to the on-street availability bringing the percentage of permits to on-street spaces back to current levels. The addition of proposed multi-family permits and expansion of the District to the whole street would result in the same capacity issue with about 40% more permits issued for the spaces available. This analysis did not consider the 16-unit multi-family property because the direction provided by Council was limited to multi-family properties with eight or fewer units. Item 3: Explore the formation of a special event process that addresses reoccurring events that increase parking demand. The direction to explore the formation of a special event process was in recognition that there are two non-residential properties on Dana Street that may have business events disrupted by expanding the District to the entire length of Dana Street. Item 17 Packet Page 435 Municipal Code Section 10.36.200(D) allows for district residents to receive special one-day temporary permits for events. However, there is no provision that allows special event permits to be issued to non-residential properties. This would require a new procedure be established that includes limits on the number of special event parking permits provided and frequency of special events. Establishment of a special event process for Dana Street Residential Parking District could also require significant work to establish and manage new processes for the two Commercial Properties on Dana Street. Pursing this is not recommended since there are only two commercial properties within the expanded District boundaries and there is ample metered parking one block away on Nipomo Street and in surface parking lot 14. Another Item for Discussion - Timed Parking Overlay Evaluation The Dana Street District request presented to Council on January 14, 2020 also included a recommendation by staff to implement a pilot two-hour timed parking overlay on top of the district. The purpose was to allow visitors and employees of the downtown area to park within the District without being immediately subject to citation. Residents were initially supportive of the idea during discussions throughout the district formation process; however, a meeting held on October 27, 2020 with District residents where residents stated that the timed parking overlay has not been effective at deterring vehicles from parking within the District beyond the two -hour time limit and requested that the timed parking restrictions be removed. No Council action is required to remove the timed parking overlay as Municipal Code Section 10.40.010 authorizes the Public Works director or their designee(s) to determine the location of timed parking areas in the City. Staff anticipate this action will reduce parking demand on Dana Street and increase the success of this District. Next Steps and Council Comment Sought 1. Does Council want staff to poll the Dana Street Residential Parking District multi-family properties of eight units or less to determine if a majority wish to be included in an expanded District? 2. Does Council want to direct staff to pursue changing the Municipal Code to allow multi- family properties of five to eight units to participate in the district process? Policy Context The request to establish the Dana Street Residential Parking Permit District was processed in accordance with the provisions of Municipal Code Section 10.36.170, which states that the Council, should, by resolution, designate an area of the City as a residential parking permit area if the Council finds that: 1) The area is predominantly residential; 2) The streets in the area are congested with vehicles parked by persons not residing in the area and the designation is supported by a majority of the affected households as indicated by a city survey of the affected households in which a sixty percent majority of participating households is required; or 3) Limiting the parking of vehicles along the streets in the area to vehicles registered or controlled and exclusively used by persons residing in the area is necessary in order to preserve the character of the existing neighborhood as defined in resident petition and approved by a sixty Item 17 Packet Page 436 percent majority of households in the area. Households will be determined using the City’s address database (there may be more than one household per parcel) and will be limited to non-family units of less than five dwelling units. The section in bold above is reason why multi-family properties of five units or more were not able to participate in the district formation process and are not currently eligible to receive parking permits. As noted above, a change to this would be required to expand the parking allowed on Dana Street. Public Engagement Staff met with Dana Street residents on Tuesday, October 27, 2020 to discuss Council’s direction to staff at the Council meeting on January 14, 2020 as well as to discuss the effectiveness of the two-hour timed parking overlay. Residents are in support of expanding the district to the entire street, issuing permits to multi-family properties of eight units or less, and of removing the timed parking overlay. The residents did not have a consensus on the formation of a special event process for the non-residential properties on Dana Street. CONCURRENCE Based upon feedback received from the Dana Street Parking District representatives that met on October 27, 2020, the Dana Street Parking District concurs with these recommendations. FISCAL IMPACT Budgeted: Yes Budget Year: FY 2020/21 Funding Identified: Yes Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost Parking Fund $0 $0 $0 Total $0 $0 $0 There is no fiscal impact for the recommendations. If approved and the re is sufficient support for the inclusion on Multi-Family residential properties within the existing district, then staff will return with an updated resolution and fiscal impacts for the proposed changes. Item 17 Packet Page 437 ALTERNATIVES 1. Do not survey and leave the status quo. Staff does not recommend this alternative as there is support from the residents on Dana Street to provide multi-family properties of eight units or fewer with parking permits. However, this work effort responsive to residents, will require a code analysis and could have implications on many other districts in the City. 2. Pursue a special event permit process for non-residential properties. Staff does not recommend this alternative because there is sufficient public parking within a block of Dana Street and allowing non-residents to park within the District runs counter to the purpose of establishing residential districts. Attachments: a - COUNCIL READING FILE - City Council Minutes of January 14, 2020 Item 17 Packet Page 438 Department Name: Utilities Cost Center: 6105 For Agenda of: December 8, 2020 Placement: Business Item Estimated Time: 20 minutes FROM: Aaron Floyd, Utilities Director Prepared By: Jennifer Thompson, Utilities Business Manager SUBJECT: WATER AND SEWER RATE REVIEW RECOMMENDATION Adopt a Resolution (Attachment A) establishing the Water and Sewer Rates for Fiscal Year 2020-21, effective February 1, 2021. DISCUSSION Background As enterprise funds, the Water and Sewer Funds finance the City’s water and sewer operations almost entirely through rates charged for service. Water and sewer rates must be sufficient to cover operations, capital asset maintenance and improvements, debt obligations, and appropriate reserve levels to keep the Water and Sewer Funds healthy and prepared for unforeseen funding needs. In June 2019, the City Council approved two years of water and sewer rate increases (Attachments B and C). The adoption of these rate increases followed the legally required notification and public hearing set forth by Proposition 218. Proposition 218 allows water and sewer utilities to implement rate increases up-to the percent increase announced in the legal notification. Table 1: Adopted Rate Increases FY 2019-20 to FY 2020-21 and Recommended Increase for FY 2020-21 Adopted Rate Increases Water Sewer 2019-20 5.5% 5.5% 2020-21 (deferred) 5.5% 5.0% 2020-21 (proposed Feb 1) 3.6% 3.6% Item 18 Packet Page 439 With adoption of the 2020-21 budget in June, the Utilities Department recommended deferring the approved 2020-21 water and sewer rate increases until at least the October budget Council meeting (Attachment D). The deferment was meant to accommodate citizens who had been negatively impacted by the Covid-19 related economic downturn. The Utilities Department also implemented several other customer accommodations at the beginning of the Covid-19 crisis: (1) water is not being shut-off for nonpayment; (2) delinquent accounts are not being sent to collections; (3) late charges are being waived on past due customer accounts; and (4) Industrial User fees were waived for one year. Since March 2020, the Utilities department has waived $34,700 in late charges for customers who are having difficulty paying their bills, approximately 4001 customers have not had their water service discontinued for non-payment, and 148 customer accounts have not been sent to collections. Moving forward, it is necessary to balance the current economic impacts of the pandemic with the long-term needs of the City’s water and sewer services. Both the water and sewer systems are faced with the ongoing maintenance of hundreds of miles of aging pipes, pump stations, and treatment facilities. To avoid the need for significant future rate increases, the Utilities Department is recommending only implementing a portion of the previously approved rate increase to both the base and volumetric water and sewer rates. The proposed rate increase is 3.6 percent for water service and 3.6 percent for sewer service. This lower than originally adopted rate increase, combined with the eight months of deferment since July 2020, would allow for some accommodation of the fiscal impacts to the community associated with the economic downturn during the pandemic. While this increase is less than the previously approved 5.5 percent water rate increase and 5.0 percent sewer rate increase, it still allows the water and sewer funds to continue to keep up with the inflationary cost increases observed in the infrastructure construction industry and make progress toward continued fiscal health. It is important to note that the recommended 3.6% is less than the authorized amount by 1.9% for water and 1.4% for sewer and delayed rate increases will need to be made up over time in order to maintain the financial health of the funds. Water Rate Increase The water rate increase is driven primarily by the need to maintain consistent and reliable water treatment and delivery service, a high credit rating, and to maintain an adequate working capital balance to cover unanticipated expenses associated with aging infrastructure. 1 Approximately 50 customers per month are typically shut-off for non-payment. Customer Accommodations during Covid-19 1. Deferred rate increase from July 1, 2020 to February 1, 2021. 2. Discontinued water shut offs for non-payment. 3. Deferred sending past due accounts to collections. 4. Waive four late charges every 12 months. 5. Waived industrial user fees. Item 18 Packet Page 440 Long Term Fiscal Health and Infrastructure Maintenance Both the City’s source water and treated drinking water infrastructure are aging and need to be continually maintained. The amount of work needed to ensure continued service is high with source water supplied to the City from reservoirs as far as 50 miles away and over 190 miles of publicly owned drinking water pipelines inside the community, the majority of which have not been replaced since their original construction. The Water Fund has a bond issuance that requires the Fund to be evaluated and given a credit rating each year. The credit rating (“Fitch Rating”) is an indicator of the Fund’s overall health and its ability to meet its debt obligations and operating costs. The credit rating is important because it allows the City to access loans for infrastructure projects more readily and at lower interest rates which in the end is a saving to ratepayers. The Fitch Rating considers, among other things, whether the Water Fund is consistently adjusting rates to keep up with inflation, whether it is maintaining its progress on capital improvements (maintenance and new), and its capital reserve levels. Due to the unprecedented times, during its 2020 credit evaluation, th e credit rating agency understood the City’s decision to defer the adopted water rate increase temporarily. However, the credit rating agency noted in its report that future deferments of rate increases would lead to insufficient revenues needed to maintain infrastructure and could result in the Water Fund losing its AA credit rating. The Water Fund also aims to maintain a working capital balance to prepare the Fund for unforeseen emergencies. As mentioned above, the credit rating also considers reserve levels. If the City forgoes in entirety the rate increase in 2020-21 the Water Fund’s working capital balance will drop below $10 million by 2023-24, This will jeopardize the Fund’s ability to react to emergencies and maintain its high credit rating. The Utilities Department strives to anticipate upcoming capital improvement needs but aging infrastructure occasionally leads to unexpected, emergency repairs. In recent years, working capital has been used for an emergency pipe gallery repair at the Water Treatment Plant and to procure an emergency generator to ensure the Water Treatment Plant can continue operating in the event of a Public Safety Power Shutoff (PSPS) event. Staff recommends water rates be increased 3.62 percent effective February 1, 2021 to maintain the fund’s credit rating, to mitigate the declining capital balance, and to continue to provide reliable essential services. 2 California Construction Cost Index December 2018 – December 2019 Figure 1. Bishop Pump Station, built in the 1950's, remains in use today Item 18 Packet Page 441 This rate increase would become effective on February 1st and would not be retroactive. This action would increase the water portion of the average residential bill by $2.163 per month. Sewer Rate Increase The sewer rate increase is driven by the need to prepare for the cost of the Water Resource Recovery Facility (WRRF) upgrade, to maintain consistent sewer collection infrastructure and service and the production of reclaimed water and its distribution system, and to maintain an adequate working capital balance, Long Term Fiscal Health and Infrastructure Maintenance Based upon aging wastewater infrastructure, the Sewer Fund needs to continue replacement of sewer mainlines to reduce inflow and infiltration into the collection system, reduce scheduled maintenance, increase capacity to allow for development, and reduce wastewater overflows. The Sewer Fund is also preparing for the costs of near term projects including the potential relocation of the Wastewater Collection shop as it is projected to be impacted by the City’s Prado Road Overpass project, operational costs associated with the WRRF upgrade, and a nearly $6 million per year WRRF upgrade debt payment. The Sewer Fund aims to maintain a minimum $15,000,000 working capital balance. This balance was increased over the past several years to manage the cash flow and financing requirements of the Water Resource Recovery Facility (WRRF) upgrade project. As the project nears completion, this amount will return to the $15,000,000 target with the intent of using the reserve funds to offset the final WRRF project loan amount. Staff recommends sewer rates be increased 3.64 percent effective February 1, 2021 to maintain the working capital balance for the WRRF upgrade, to prepare for the annual $6 million debt payment, address the aging wastewater collection system, and to continue to provide essential services. As with the proposed change in water rate, this increase would become effective on February 1st and would not be retroactive. This will increase the sewer portion of the average customers’ bill by $2.495 per month. Total Impact to Customer Water and Sewer Bill With the recommended rate increases, the average customer’s monthly bill for combined water and sewer is expected to increase by about $4.76. Table 2: Summary of Impacts to Average Customer Bill Summary of Impacts to Customer Bill Water $2.16 Utility Users Tax (General Fund – 5% of Water) $0.11 Sewer $2.49 Total $4.76 3 Based upon 6 units of consumption. 4 California Construction Cost Index December 2018 – December 2019 5 Based upon 6 units of consumption and a sewer cap of 8. Item 18 Packet Page 442 Future Rate Increases Water and sewer rate increases have historically occurred at the beginning of each fiscal year, July 1. If the 2020-21 3.6 percent water and sewer rate increases are approved to be effective February 1, 2021 there is a high likelihood, for the reasons discussed above, that another rate increase will be necessary on July 1, 2021. These two rate increases will only be five months apart; however, the February 2021 increase will be 19 months since the last increase on July 1, 2019. The Utilities Department has recently hired a rate consultant to conduct a rate study in advance of the 2021-23 financial plan process. The rate study will project future revenue needs of the Water and Sewer Funds based upon projected operation and maintenance expenditures, and capital funding needs. This includes analyzing current and projected water consumption, number of accounts, the approved capital improvement plan, and future debt service. The process to consider rate increases will follow Proposition 218 guidelines including significant customer outreach prior to making recommendations to Council. Policy Context Water and sewer rates are subject to the requirements of Article XIII D, Section 6 of the California Constitution (Proposition 218). Public Engagement In compliance with the Proposition 218 noticing schedule, the City of San Luis Obispo mailed a notice to each property owner and water and sewer customer in the City in April 2019. The notice included the two years proposed rate increases, a summary of the purpose of the increase, and instructions on how to protest the proposed increase. Less than 800 of the 15,318 water and sewer customers protested the proposed rate increase. Customers were notified of the July 1, 2020 rate increase deferral via utility bill insert, social media, and the City website. If the rate increase is implemented effective February 1, 2021, customers will be notified again of the upcoming increase via utility bill insert, social media, and the City website. CONCURRENCE The City’s Finance Department concurs with the recommended action. Item 18 Packet Page 443 ENVIRONMENTAL REVIEW Modification of rates and charges by public agencies is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15273 of the CEQA Guidelines because the change in fees is not intended to fund expansion of capital projects not otherwise evaluated under CEQA. Therefore, no environmental review is required for this item. FISCAL IMPACT Budgeted: No Budget Year: 2021 Funding Identified: N/A Fiscal Analysis: With an implementation date of February 1, 2021, the recommended 3.6 percent rate increase will be effective for five months of the fiscal year so the total increase to revenue for fiscal year 2021 will be 1.50 percent. The net impact of these changes to the Water Fund is a $306,304 increase to the water sales revenue budget. The net impact of these changes to the Sewer Fund is a $232,828 increase to the sewer sales revenue budget. Customers pay a five percent utility user’s tax on their water charges that will provide an increase of $14,635 to the City’s General Fund. Funding Sources Current Rate Revenue Budget Recommended Increase Rate Revenue Budget with Increase FY 21 6Percent Increase Water Fund $20,376,300 $306,304 $20,682,604 1.50% Sewer Fund $15,521,896 $232,828 $15,754,724 1.50% General Fund $973,500 $14,635 $988,135 1.50% Total $36,871,696 $553,767 $37,425,463 Had the original rate increases been implemented as previously approved on July 1, 2020, the Water Fund would have collected $1,1162,000 more revenue in 2020-21 and the Sewer Fund would have collected $1,570,000 more revenue in 2020-21. The Funds have absorbed this lost revenue but cannot continue to maintain the infrastructure, the credit ratings, prudent working capital balances, and provide essential services if they continue to defer rate increases. 6 The proposed fiscal year 2021 rate increase will be effective February 1, 2021 and will not be retroactive to the beginning of the fiscal year. Item 18 Packet Page 444 ALTERNATIVES 1. Do not approve implementation of the water and sewer rate increases. This is not recommended because the health of the Water and Sewer funds and their ability to provide essential services relies upon rate increases. 2. Approve a rate increase that is less than 3.6%. This is not recommended because the health of the Water and Sewer funds and their ability to provide essential services relies upon rate increases. A lower rate increase now may drive the need for a higher rate increase in the future. 3. Approve a rate increase that is greater than 3.6%. The City Council originally adopted a 5.5 percent water rate increase and a 5 percent sewer rate increase. The City Council could choose to implement these previously approved rates. Attachments: a - Draft Resolution b - Resolution No. 11023 Establishing Water Rates for Fiscal Year 2019-20 and 2020-21 c - Resolution No. 11024 Establishing Sewer Rates for Fiscal Year 2019-20 and 2020-21 d - Resolution No. 11126 Approving the 2020-21 Financial Plan Supplement and Budget Appropriations Item 18 Packet Page 445 RESOLUTION NO. (2020 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING REVISIONS TO THE ADOPTED 2020-21 WATER AND SEWER RATES WHEREAS, on June 18, 2019, the City Council approved a rate 5.5% water rate increase to be effective July 1, 2020; and WHEREAS, on June 18, 2019, the City Council approved a 5.0% sewer rate increase to be effective July 1, 2020; and WHEREAS, on June 2, 2020, the City Council authorized the Utilities Director to defer approved water and sewer rate increases for 2020-21to be reconsidered in October 20, 2020; and WHEREAS, City staff evaluated 2020-21 revenue budget assumptions, work program needs, capital improvement needs, and community priorities, and WHEREAS, City staff determined a rate increase is necessary to maintain the fiscal health of the water and sewer funds. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: Item 18 Packet Page 446 Resolution No. ______ (2020 Series) Page 2 R _____ SECTION 1. The City Council authorizes the Utilities Director to implement a 3.6% water rate increase and 3.6% sewer rate increase for Fiscal Year 2020-21 to be effective February 1, 2021. Upon motion of Council Member _____________, seconded by City Council Member _______________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 8th day of December 2020. ______________________________ Mayor Heidi Harmon ATTEST: _________________________________ Teresa Purrington, City Clerk APPROVED: _________________________________ 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 Item 18 Packet Page 447 Resolution No. ______ (2020 Series) Page 3 R _____ EXHIBIT A: 2020-21 Water Rates Residential: Proposed 2020-21 Rates Monthly Base Fee $22.52 Usage (per unit cost)1 Tier 1: 0 to 5 units $6.44 Tier 2: 6 to 12 units $7.51 Tier 3: 13+ units $13.76 Multi-Family, Non-Residential, Irrigation: Proposed 2020-21 Rates Base Fee by Water Meter Size ¾ inch or less $22.52 1-inch meter $37.60 1.5-inch meter $75.04 2-inch meter $120.06 3-inch meter $225.27 4-inch meter $375.50 6-inch meter $750.82 8-inch meter $1201.35 Usage (per unit cost)1 Multi-Family – all use $7.36 Non-Residential – all use $8.93 Landscape Irrigation – all use $10.95 Water System Access Charge2 $91.34 NOTES: 1. One Unit = 100 Cubic Feet or 748 Gallons 2. This charge applies where the City provides fire protection only to businesses that utilize a private well for domestic purposes. Item 18 Packet Page 448 Resolution No. ______ (2020 Series) Page 4 R _____ EXHIBIT B: 2020-21 Sewer Rates Residential: Proposed 2020-21 Rates Monthly Base Fee $20.43 Usage (per unit cost)1 $8.58 Multi-Family and Non-Residential: Proposed 2020-21 Rates Base Fee by Water Meter Size ¾ inch or less $20.43 1-inch meter $34.12 1.5-inch meter $68.02 2-inch meter $108.88 3-inch meter $204.28 4-inch meter $340.53 6-inch meter $680.85 8-inch meter $1,089.40 10-inch meter $1,566.17 Usage (per unit cost)1 $8.58 Item 18 Packet Page 449 RESOLUTION NO. 11023 (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING WATER RATES FOR FISCAL YEAR 2019-20 AND 2020-21 WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing services; and WHEREAS, a comprehensive water rate study was completed in May 2018 by HDR Engineering, Inc including analysis of Water Fund operating, capital, and debt service needs for fiscal years 2018-19 through 2022-23; and WHEREAS, a water rate study update was completed in May 2019 by HDR Engineering, Inc. including analysis of Water Fund operating, capital, and debt service needs for fiscal years 2019-20 through 2023-24; and WHEREAS, on June 4, 2019 the City Council reviewed the Water Fund and preliminary water rates based on updated revenue and expenditure information and necessary to meet system operating, capital, and debt service requirements; and WHEREAS, a public hearing was properly noticed and held on June 18, 2019; and WHEREAS, a majority protest, as contemplated by Article XIII D of the California Constitution, was not received by the conclusion of the public hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: R 11023 Item 18 Packet Page 450 Resolution No. 11023 (2019 Series) Page 2 SECTION 1. The water rates and water system access charges are set forth in Exhibit "A" are hereby adopted, establishing water rates and water system access charges effective July 1, 2019. Resolution No. 10909 (2018 Series) is hereby rescinded effective 11:59 p.m. June 30, 2019. Upon motion of Vice Mayor Pease, seconded by Council Member Gomez, and on the following roll call vote: AYES: Council Members Christianson, Gomez, and Stewart, Vice Mayor Pease and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 18th day of June 2019. ATTEST: Teresa Purrington City Clerk ` APPROVED AS TO FORM: JJ 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 '2day of aLw\-e , 2019. Teresa Purrington City Clerk R 11023 Item 18 Packet Page 451 Resolution No. 11023 (2019 Series) EXHIBIT A EXHIBIT A: 2019-20 and 2020-21 Water Rates Residential: Multi -Family, Non -Residential, Irrigation: Proposed 2019-20 Rates Proposed 2020-21 Rates Monthly Base Fee 21.74 22. 94 inch or less Usage (per unit cost)' 1 -inch meter 36.29 Tier 1: 0 to 5 units 6.22 6.56 Tier 2: 6 to 12 units 7.25 7.65 Tier 3: 13+ units 13.28 14.01 Multi -Family, Non -Residential, Irrigation: Usage (per unit cost)' Multi -Family -all use $7.10 $7.49 Non -Residential -all use $8.62 $9.09 Landscape Irrigation - all use $10. 57 $11. 15 Water System Access Charge 1$88.17 1$93. 02 NOTES: 1. One Unit = 748 Gallons 2. This charge applies where the City provides fire protection only to businesses that utilize a private well for domestic purposes. Page 3 R 11023 Proposed 2019-20 Rates Proposed 2020-21 Rates Base Fee by Water Meter Size inch or less 21.74 22.94 1 -inch meter 36.29 38. 29 1.5 -inch meter 72.43 76.41 2 -inch meter 115.89 122.26 3 -inch meter 217.44 229.40 4 -inch meter 362.45 382.38 6 -inch meter 724.73 764.59 8 -inch meter 1,159.60 1,223.38 Usage (per unit cost)' Multi -Family -all use $7.10 $7.49 Non -Residential -all use $8.62 $9.09 Landscape Irrigation - all use $10. 57 $11.15 Water System Access Charge 1$88.17 1$93.02 NOTES: 1. One Unit = 748 Gallons 2. This charge applies where the City provides fire protection only to businesses that utilize a private well for domestic purposes. Page 3 R 11023 Item 18 Packet Page 452 RESOLUTION NO. 11024 (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING SEWER RATES FOR FISCAL YEAR 2019-20 AND 2020-21 WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing services; and WHEREAS, a comprehensive wastewater rate study was completed in May 2018 by HDR Engineering, Inc including analysis of Sewer Fund operating, capital, and debt service needs for fiscal years 2018-19 through 2022-23; and WHEREAS, a wastewater rate study update was completed in May 2019 by HDR Engineering, Inc including analysis of Sewer Fund operating, capital, and debt service needs for fiscal years 2019-20 through 2023- 24; and WHEREAS, on June 4, 2019 the City Council reviewed the Sewer Fund and preliminary sewer rates based on updated revenue and expenditure information and necessary to meet system operating, capital, and debt service requirements; and WHEREAS, a public hearing was properly noticed and held on June 18, 2019; and WHEREAS, a majority protest, as contemplated by Article XIII D of the California Constitution, was not received by the conclusion of the public hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: R 11024 Item 18 Packet Page 453 Resolution No. 11024 (2019 Series) Page 2 SECTION 1. The sewer rates set forth in Exhibit "A" are hereby adopted, establishing rates effective July 1, 2019. Resolution No. 10010 (2018 Series) is hereby rescinded effective 11:59 p.m. June 30, 2019. Upon motion of Vice Mayor Pease, seconded by Council Member Gomez, and on the following roll call vote: AYES: Council Members Christianson, Gomez, and Stewart, Vice Mayor Pease and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 181" day of June 2019. ATTEST: Teresa Purrington City Clerk APPROVED AS TQFORM: pristine Dietrick Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this X " day of rte, , 2019. Teresa Purrington City Clerk R 11024 Item 18 Packet Page 454 Resolution No. 11024 (2019 Series) EXHIBIT A EXHIBIT A: 2019-20 and 2020-21 Sewer Rates Usage: Non -Residential Per Unit Cost (for All Water Consumption)* $ 8'28 $8'69 Monthly Base Fee: Proposed Proposed Single -Family Residential 2019-20 Rates 2020-21 Rates Single -Family and Multi -Family Residential 8'28 8'69 Per Unit Cost (Up to Sewer Cap)* 65. 66 68.94 Non -Residential Per Unit Cost (for All Water Consumption)* $ 8'28 $8'69 Monthly Base Fee: Multi -Family and Non -Residential By Water Meter Size: Proposed 2019-20 Rates Proposed 2020-21 Rates Single -Family Residential 19.72 20.71 Multi -Family and Non -Residential By Water Meter Size: inch or less 19.72 20.71 1 -inch meter 32.93 34.58 1.5 -inch meter 65. 66 68.94 2 -inch meter 105.10 110.36 3 -inch meter 197.18 207.04 4 -inch meter 328.70 345.14 6 -inch meter 657.19 690.05 8 -inch meter 1,051.54 1,104.12 10 -inch meter 1,511.75 1,587.34 One Unit = 748 Gallons Page 3 R 11024 Item 18 Packet Page 455 R 11126 RESOLUTION NO. 11126 (2020 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA APPROVING THE 2020-21 FINANCIAL PLAN SUPPLEMENT AND BUDGET APPROPRIATIONS WHEREAS, in accordance with San Luis Obispo Charter Section 802, the City Manager submitted the 2019-21 Financial Plan to the Council for review and consideration consistent with budget policies and objectives established by the Council; and WHEREAS, the City Council adopted the 2019-21 Financial Plan on June 4, 2019 and appropriated the budget for 2019-20; and WHEREAS, the City Council adopted the 2019-20 and 2020-21 water and sewer rates on June 16, 2019: and WHEREAS, City staff prepared the 2020-21 budget with appropriate revisions and adjustments from the adopted budget to address changes in revenue assumptions, work program needs, and community priorities; and WHEREAS, based on public input, the City Council directed staff to augment the funding allocation for diversity and inclusivity; and WHEREAS, the 2020-21 Budget is now ready for consideration and appropriation: and WHEREAS, the City Council adopted Resolution 10616 on May 19, 2015 requiring annual prepayment of industrial users permit fees for the City Wastewater Collection and Treatment Systems; and WHEREAS, on June 18, 2019, the City Council approved a two-year increase for water and sewer rates in accordance with Proposition 218; and WHEREAS, more transactions are occurring electronically, and the City’s fee schedules do not currently recover the roughly proportional costs associated with Credit Card transactions and the City General Fund has incurred substantial costs for this service; and WHEREAS, the City desires to include in the applicable fees for the reimbursement of credit card cost; and WHEREAS, the City of San Luis Obispo also adjusts its fee schedule annually to include increases per the consumer price index; and WHEREAS, staffing costs make up a significant portion of the City’s budget and short and long-term savings may be realized through voluntary turnover allowing thoughtful reorganization and reassessment of staffing needs. Item 18 Packet Page 456 Resolution No. 11126 (2020 Series) Page 2 R 11126 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. The 2020-21 Financial Plan Supplement and budget is hereby approved and that the operating, debt service, and capital improvement plan budget for the fiscal year beginning July 1, 2020 and ending June 30, 2021 is hereby appropriated as presented in the 2019-20 Financial Plan Supplement – 2020-21 Budget. SECTION 2. The City Manager is hereby delegated authority to allocate funds from assigned fund balances where assignment of funds for an intended use was previously approved by the Council. SECTION 3. The City’s adopted fee schedule is hereby adjusted by 0.7%1 which reflects the All Urban Consumer Price Index, Los Angeles area from April 2019-April 2020 and by fee increases to recover applicable credit card fees. SECTION 4. The City Council authorizes the Utilities Director to defer approved water and sewer rate increases for 2020-21 to be reconsidered in October 2020. SECTION 5. The City Council approves suspending Class 1 and Class 2 industrial user permit fees in 20-21. SECTION 6. The City Council approves allocating an additional $140,000 for a total of 160,000 to the Human Relations program to support diversity, equity, and inclusion programs. 1 https://www.bls.gov/regions/west/news-release/consumerpriceindex_losangeles.htm#chart1 Item 18 Packet Page 457 Resolution No. 11126 (2020 Series) Page 3 R 11126 SECTION 6. Council authorizes the City Manager to adopt and implement a limited duration Voluntary Retirement Incentive Program with authority to modify as necessary to complete the meet and confer process while achieving budgetary savings. Upon motion of Council Member Pease, seconded by City Council Member Christianson, and on the following roll call vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of June 2020. Mayor Heidi Harmon ATTEST: Teresa Purrington, City Clerk APPROVED: 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 Item 18 Packet Page 458 Department Name: Community Services Cost Center: 1009 For Agenda of: December 8, 2020 Placement: Business Estimated Time: 30 minutes FROM: Derek Johnson, City Manager Prepared By: Shelly Stanwyck, Assistant City Manager Greg Hermann, Deputy City Manager Ryan Betz, Assistant to the City Manager SUBJECT: IMMEDIATE INVESTMENT IN ECONOMIC DEVELOPMENT EFFORTS & HOMELESS SERVICES RECOMMENDATION 1.Authorize the City Manager, per Resolution No. 11117 (2020 Series), to utilize FY 18-19 General Fund unassigned fund balance, in the amount of $3,425,000 for economic recovery efforts, capital projects in the Downtown, and to hire a full-time, contract position to coordinate City efforts to address public health and safety related to homelessness in response to the immediate and long-term impacts of the COVID-19 Pandemic. 2.Appropriate $3,425,000 in unbudgeted Local Revenue Measure funds for the 2020-21 fiscal year resulting from the passage of Measure G-20 to replenish the General Fund unassigned fund balance for the efforts described above, subject to concurrence of the Revenue Enhancement Oversight Commission. DISCUSSION Background On March 17, 2020, in response to the COVID-19 health emergency and declarations of a State of Emergency by the President of the United States, the Governor of the State of California, and San Luis Obispo County, the City Council adopted Resolution No. 11116 proclaiming a local emergency. At that same meeting, the Council adopted Resolution No. 11117, authorizing the City Manager to use FY 2018-19 General Fund unassigned fund balance of approximately $5.8 million above required reserve levels, in order to ensure public health and safety and to address and mitigate the long-term ramifications due to the COVID-19 health emergency. Approximately $5.4 million of this amount remains. Since that time, the community and business impacts of the COVID-19 pandemic have continued and with the County of San Luis Obispo’s recent transition from Tier 2 (Substantial) to Tier 1 (Widespread), there is an immediate need to invest in additional economic development efforts to support businesses and for homeless services to support the community’s most vulnerable. Item 19 Packet Page 459 Investment in Economic Development Efforts and Homeless Services The City’s top priority (Meta Goal) for 2020-21 is San Luis Obispo’s economic stability, recovery, and resiliency. This priority, adopted by the City Council as part of the 2020-21 Supplemental Budget, provides the structure and focus for the City of San Luis Obispo to continue to respond to, and recover from, COVID-19’s public health, economic, and social impacts to the City of San Luis Obispo’ s residents, businesses, and community partners. To support this effort, the Meta Goal identifies ten specific strategies: 1. Community. City residents and community members are encouraged to be engaged in the reopening of the City, the support of local businesses, the continued spirit of community, and the return to San Luis Obispo’ s high quality of life. 2. Businesses. City departments, staff, and programs will assist local businesses to re-open, stay open, thrive, and grow. 3. City Organization. All City Departments will prioritize economic response, recovery, reopening, reinvention, and resiliency activities. 4. Impacted Industries and Business Neighborhoods. City staff will provide focused support to the most impacted business sectors and business neighborhoods. 5. Infrastructure and Capital Projects. Capital improvement projects will be prioritized to address public health and safety, maintenance of existing facilities, and support of Economic Recovery with a focus on projects that advance local business recovery, sustainability, and community vibrancy. 6. Downtown. City departments and staff will work with businesses and community partners to return Downtown San Luis Obispo, the historic, cultural, and social center of the City, to its vibrant and vital state. 7. Cal Poly. City staff will collaborate with and support Cal Poly during its reopening, strengthen existing partnerships, support students living and working in the City, and collaborate to retain knowledge and innovation generators to ensure a resilient future. 8. Community Partners. City staff will work together with existing and new local and regional economic development, arts, cultural, entertainment, and nonprofit partners with clear roles and responsibilities to maximize economic recovery efforts in the City. 9. Quality of Life. Staff will partner with the community for the continued support, preservation, and recovery of the “SLO Life”. The City as a dynamic and safe community with its natural beauty, quality recreational, arts and cultural activities will be nurtured and advanced. 10. Resiliency. During the phases of relief, recovery, and reinvention City staff and programs will begin to identify ways to build both City and businesses’ resiliency In alignment with the Meta Goal and to support the local economy suffering from the impacts of the COVID-19 pandemic, immediate, additional investment in several economic development efforts as well as homeless services coordination is needed to retain businesses and continue efforts towards economic recovery including: Item 19 Packet Page 460 1. Create Grant Funding Opportunities for Tenant Improvements (TIs) ($2,000,000) One of the keys to the economic recovery is facilitating the re-tenanting of vacant spaces. In addition to the process improvements related to TIs the City has already implemented, a joint City/Downtown SLO vacancy task force and other stakeholders recommend that reducing the financial impact of completing a TI would be of significant benefit. The general concept of this program is to locally invest $2,000,000 in short term Certificates of Deposit to generate interest and use that interest for a grant program to help offset the cost of a TI permit. The principal amount would be budgeted to be spent on projects and services as a part of the 2021-23 Financial Plan. 2. Expand the SLO City Small Business Relief Grant Program ($500,000) First launched in August 2020, the program is a partnership between the City, nonprofit, and business community that provided a total of $250,000 to 52 business. The new grant program would be for $500,000 with additional priority given to the sectors most impacted by the State’s “Blueprint for a Safer Economy.” 3. Increase Efforts to Support Downtown Vitality ($425,000) The City has allocated significant resources to programs in the Downtown like Open SLO parklets, Mission Plaza Dining and the Light Up Downtown holiday activation. This funding would provide for the expansion and improvement of those programs along with funding for new, similar programs that will be needed as the City continues to respond to the challenges associated with pandemic and recovery of the Downtown. 4. Implement an Economic Development Shop Local Incentive ($200,000) Similar to the successful “Rainy Day” promotion that the TBID has executed in past years, the goal is to incentivize individuals to shop locally and directly support the local business community at the same time. The final program is still being developed, but the general concept is that individuals would be rewarded, through gift cards, for spending money at local brick and mortar locations and the gift cards would then generate additional spending at local businesses. 5. Homeless Services Support and Coordination ($300,000) The County of San Luis Obispo is an extension of the State of California that provides health and human services (and, unlike the City, receives funding for said services). For many years, consistent with our community values of caring for others, the City of San Luis Obispo has dedicated General Fund resources toward homeless services. Focused activities include the operational support of the 40 Prado Homeless Services Center, the City’s Community Action Team (which is comprised of police officers and a mental health professional), coordination of the Community Development Block Grant funding (which has addressing homelessness as a top priority), and the cross departmental collaboration of all departments focused on the clean-up of abandoned property and trash in parks, creeks, and open space associated with illegal camping. Item 19 Packet Page 461 During the pandemic the City has continued to direct funds to provide additive homeless services in the City which have included a safe parking pilot program and significant outreach by staff to connect the unsheltered with services so that they may be housed during this unprecedented time. This work has been accomplished, as have most work efforts during the pandemic, by adding workload to existing staff resources; while it is not a direct part of the Meta Goal, it is certainly connected and supportive of that focused effort. This distributed work by staff who are also providing core services and emergency response during the COVID-19 pandemic is not a sustainable staffing approach, and there is much work to be done in this topic area in the coming year given the existing unsheltered and mental health crisis. Beginning in 2021, the County of San Luis Obispo will be coordinating an enhanced regional effort to address the increased impacts of homelessness on the unsheltered, local residents, visitors, and businesses. The objective is to better address this issue in a collaborative and coordinated fashion to allocate limited resources and create efficiencies of service to the unsheltered in the County and all of its cities. Anticipated outcomes of this regional coordination are: a common governance structure; clear roles and responsibilities amongst agencies, cities and non-profit partners; efficiencies in operations and service provision (and identification of unnecessary redundancies); and, funding to address the issue in the short- and long-term. To best leverage the outcomes of this regional effort and maximize the use of internal resources, staff recommends hiring a full-time, contract employee through the end of the 2022-23 fiscal year. Short term objectives include coordinated, focused efforts to address issues in highest priority areas of the City, developing a Homelessness Strategic Plan for the City, building upon existing relationships with the County, cities, other regional partners and nonprofits to maximize services available and the determination of long- term resource needs for the preparation of the 2023-25 Financial Plan. The position would be embedded in the Community Services Group in recognition of its external and service orientation and most likely would serve in the Community Development Department given the significant policy linkage with its existing Housing Program. Staff is proposing the allocation of approximately $300,000 to accomplish this multi-year work effort to hire a management level professional skilled at community building, policy development, and budgeting. Previous Council or Advisory Body Action • On June 2, 2020, as part of the Supplemental Budget, the Council adopted a unified Meta Goal to focus efforts on San Luis Obispo’s economic stability, recovery, and resiliency. • The Revenue Enhancement Oversight Commission is scheduled to consider this recommendation on December 3rd. Item 19 Packet Page 462 Policy Context The proposed actions are consistent with Measure G-20 as it is a general-purpose measure and priorities in the ballot language including retention of local businesses, keeping public areas clean/safe, and addressing homelessness. The proposed actions are also consistent with the City’s 2020-21 Meta Goal of San Luis Obispo’s stability, resiliency, and recovery. Section 804 of the City’s Charter provides that … “At any meeting after the adoption of the budget, the Council may amend or supplement the budget by motion adopted by a majority vote of the Council.” Section 2.24.090 of the Municipal Code provides: “Any expenditures made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city.” Financial Plan Policies The City’s Budget Policies under Financial Reporting and Budget Administration section C reiterate that: “As set forth in the City Charter, the Council may amend or supplement the budget at any time after its adoption by majority vote of the Council members. The City Manager has the authority to make administrative adjustments to the budget as long as those changes will not have a significant policy impact nor affect budgeted year-end fund balances.” Public Engagement At the November 17, 2020 Council meeting, the City Manager introduced the ideas recommended in this report dependent on Council action and the Revenue Enhancement Oversight Commission is scheduled to consider this recommendation on December 3rd. All meetings will follow required notifications and postings and the public is able to provide comments before and during the meeting. CONCURRENCE Community Services and the Human Resources Department concurs with this 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: Yes Budget Year: 2020-21 Funding Identified: Yes Item 19 Packet Page 463 Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost* General Fund $3,425,000 $130,000 $3,425,000 State Federal Fees Other: Total $3,425,000 $130,000 $3,425,000 * Two and a quarter year Contract Homeless position ALTERNATIVES The City Council may decide to not move forward with the proposed actions. This is not recommended as businesses are experiencing significant financial distress from the COVID-19 pandemic and immediate action is required to support the local economy. Delayed action will likely cause greater damage and these actions will likely help mitigate the impacts to the o verall health of our community. Attachments: a - Draft Resolution Item 19 Packet Page 464 R ______ RESOLUTION NO. _____ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, TO APPROPRIATE $3,425,000 IN FY 2018-19 GENERAL FUND UNASSIGNED FUND BALANCE FOR IMMEDIATE INVESTMENT IN ECONOMIC DEVELOPMENT EFFORTS AND HOMELESS SERVICES AND TO REPLENISH THE APPROPRIATION WITH UNBUDGETED LOCAL REVENUE MEASURE FUNDS RESULTING FROM THE PASSAGE OF MEASURE G-20 FOR FISCAL YEAR 2020-21 WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 11117, authorizing the City Manager to utilize fiscal year 2018-19 undesignated General Fund balance for one-time budget allocations related to the COVID-19 health emergency; and WHEREAS, since that time, the community and business impacts of the COVID-19 pandemic have continued and with the County of San Luis Obispo’s recent transition from Tier 2 (Substantial) to Tier 1 (Widespread), there is an immediate need to invest in additional economic development efforts to support businesses and for homeless services to support the community’s most vulnerable; and WHEREAS, the City’s top priority for fiscal year 2020-21 is San Luis Obispo’s economic stability, recovery and resiliency. This priority, adopted by the City Council as part of the 2020- 21 Supplemental Budget, provides the structure and focus for the City of San Luis Obispo to continue to respond to, and recover from, COVID-19’s public health, economic, and social impacts to the City of San Luis Obispo’s residents, businesses, and community partners; and WHEREAS, on November 3, 2020, the San Luis Obispo voters approved a local transaction and use tax measure that will begin collecting applicable tax on April 1, 2021 through the California Department of Tax and Fee Administration; and WHEREAS, the fourth quarter tax revenue is anticipated to produce $3.8 million in transaction and use tax revenue to the City’s General Fund; and WHEREAS, the City needs to invest in economic development to assist the business community with the ongoing effects from the COVID-19 pandemic; and WHEREAS, the City Manager requested the use of $3,425,000 in undesignated fiscal year 2018-19 General Fund balance at the City Council meeting on December 8, 2020 for economic development and homeless services. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Item 19 Packet Page 465 Resolution No. _____ (2020 Series) Page 2 R ______ SECTION 1. With the approval of $3,425,000 for immediate economic development efforts and homeless services, the City Council directs staff to utilize the revenue from the first quarter collection of the local transaction and use tax to replenish the undesignated General Fund balance. SECTION 2. The undesignated fiscal year 2018-19 General Fund balance will be used for one-time additional payments to the City’s pension system CalPERS to pay down the unfunded pension liability. The amount shall be no less than $4.2 million and up to $7.2 million based on available undesignated fund balance at the time of the 2019-20 audit and City’s Comprehensive Annual Financial Report. 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 Item 19 Packet Page 466 Department Name: Public Works Cost Center: 5010 For Agenda of: December 8, 2020 Placement: Study Session Estimated Time: 60 Minutes FROM: Matt Horn, Public Works Director Prepared By: Luke Schwartz, Transportation Manager Adam Fukushima, Active Transportation Manager SUBJECT: STUDY SESSION ON DRAFT ACTIVE TRANSPORTATION PLAN RECOMMENDATION 1.Receive a presentation on the Draft Active Transportation Plan (Attachment A); and 2.Provide comments and direction to staff to guide the final Draft Active Transportation Plan to be considered for adoption. REPORT-IN-BRIEF Consistent with the Sustainable Transportation Major City Goal identified in the 2019-21 Financial Plan, the City Transportation Division has prepared the City’s first Active Transportation Plan to guide future transportation planning for both bicycling, walking and other forms of human powered transportation. This report provides an overview of proposed policies, projects, programs, and implementation strategies contained in the Draft Plan. The purpose of this study session is to invite comments, questions, and general input on the Draft Plan from the Council and community. Staff is scheduled to return to the City Council for consideration and potential adoption of the Final Active Transportation Plan on February 2, 2021. The Draft Active Transportation Plan document is provided as a Council Reading File (Attachment A) and is available for public review at www.slobikewalk.org. DISCUSSION Background Over the past two years, City staff has been working on preparation of the City’s first Active Transportation Plan—a plan that serves as both a successor to the City’s 2013 Bicycle Transportation Plan, as well as the City’s first comprehensive plan on pedestrian policies, programs and infrastructure recommendations. The consolidation of the two modes (as well as consideration for other human powered devices) into one plan serves to not only support the goals of the 2014 General Plan Circulation Element to increase access and mode share for sustainable transportation modes, but also to increase the City’s chances of competing for grants, especially the highly competitive California Active Transportation Program, which in the last cycle provided $440 million in funding and has contributed over $10 million toward bicycle and pedestrian projects in the City of San Luis Obispo to date. Item 20 Packet Page 467 The Draft Active Transportation Plan at a Glance The Active Transportation Plan is centered around four major goals: 1)Build It. The City can develop the physical infrastructure necessary to achieve this Plan’s goals with an emphasis on priority actions to build a high-quality bicycle and pedestrian network. 2)Safety. Active transportation can be safe. With an emphasis on addressing safety, education, and partnerships. 3)Accessibility. Active transportation can be easy. With an emphasis on user convenience, accessibility, and connectivity. 4)Equity. Active transportation is for everyone. With an emphasis on accommodating diverse mobility needs and inclusive and collaborative outreach. The structure of the Active Transportation Plan document is organized as follows: Chapter 1: Introduction - Introduces the Plan within the context of wider City policy and explains what an Active Transportation Plan is. Chapter 2: Vision and Goals - Captures the vision and goals of the Plan and identifies performance measures to ensure that the City track progress and make the Plan vision a reality. Chapter 3: Bicycling and Walking in the City Today - An inventory of present-day bicycle and pedestrian conditions. Chapter 4: Community Engagement - Provides a summary of the community outreach activities organized and facilitated by City staff, focusing on barriers to walking and bicycling. Chapter 5: Recommended Bicycle & Pedestrian Projects - Identifies recommended bicycle and pedestrian projects that will enhance the biking and walking experience for San Luis Obispo residents. Chapter 6: Bicycle & Pedestrian Programs - Provides a description of bicycle and pedestrian education, encouragement, enforcement, and evaluation programs. Chapter 7: Implementation - Details a practical roadmap for implementing the proposals within this plan including project details, cost estimates, and grant funding opportunities. Changes from the 2013 Bicycle Transportation Plan In addition to adding a pedestrian component, the Active Transportation Plan proposes a new approach to implementing projects compared to the 2013 Bicycle Transportation Plan. This is in response to public outreach results as well as input from the Active Transportation Committee. Previous bicycle and pedestrian planning efforts have prioritized the implementation of striped bike lanes and off-street shared-use paths such as the Railroad Safety Trail and the Bob Jones City-to-Sea Trail. While all proposed shared-use paths and many other bicycle projects from the 2013 Bicycle Transportation Plan have been carried over to the Active Transportation Plan, the new Plan has a greater focus on prioritizing projects that provide physical separation and safe crossing opportunities along existing major city streets, which provides more intuitive routes with more direct connections to key destinations that community members already travel to daily. Item 20 Packet Page 468 The Active Transportation Plan also incorporates new best practices and design tools that were not approved for use in California or widely deployed at the time the previous Bicycle Transportation Plan was adopted, such as protected bike lanes and protected intersections. Furthermore, the Active Transportation Plan places more emphasis on investments that have the greatest potential to increase bicycling and walking for transportation purposes, especially projects within the City right-of-way that can be built more quickly, affordably, and minimizes the need for outside agency approvals. Barriers to Bicycling and Walking To achieve the City’s Modal Split Objectives, public outreach and surveys were conducted to identify the barriers to bicycling and walking. For bicycling, surveys showed that the perception of risk with using higher-stress facilities is often the most significant barrier to bicycling for most people. In order to develop a bicycling environment that will encourage more people to ride, it is important to first understand the existing level of interest, ability and comfort of bicycling within the community. While there are many diverse types of individuals who bike, including people who have no other means of transportation, for the purposes of bicycle system planning, the population can generally be classified into four types of transportation bicyclists as shown below. For walking, types of pedestrians usually vary according to age and/or physical ability. Public outreach results indicated drivers not paying attention, pedestrians not feeling safe, and time to reach destination as the top concerns about walking today in San Luis Obispo. Survey results as well as feedback from public workshops also indicated a concern about the need for more protected crossings along high traffic roadways and more street lighting, especially near Cal Poly as a particular barrier to walking. The Bicycle and Pedestrian Network Given the public outreach on barriers to walking and bicycling which detailed concerns about safety, a level of traffic stress analysis was performed on the existing network to provide data on the comfort level of existing facilities. Item 20 Packet Page 469 Provided with this data, staff worked with the Active Transportation Committee to develop a proposed network of bicycle and pedestrian projects that enhance user safety and comfort levels. Building off the proposed network from the 2013 Bicycle Transportation Plan, routes were identified that could include more separation from vehicular traffic along roadways that are within existing city right-of-way. Several design strategies that were not widely deployed in California (or approved by Caltrans) at the time the 2013 Bicycle Transportation Plan was adopted, include protected bike lanes (“cycle tracks”) and bicycle protected intersections. Caltrans has since authorized the use of these design strategies and many successful installations have been completed throughout California in recent years. While many locations will require further analysis to ascertain whether a protected bike lane is feasible, the Active Transportation Plan proposes protected bike lanes on most arterial routes. The Active Transportation Plan also identifies information on existing sidewalks and areas where there are gaps in the sidewalk network to be completed. Existing and Proposed Bicycle and Shared Use Network Facility Type Existing (miles) Proposed (miles) Shared Use Path 11 31 Bicycle Lane 37 13 Bicycle Route 26 0.4 Neighborhood Greenway 0.5 10 Protected Bicycle Lane 0 25 In addition to proposed bikeways, outreach results indicated that getting across large arterial streets was a barrier for both walking and bicycling and therefore the Active Transportation Plan identifies almost fifty locations citywide for crossing improvements. While each location will require further analysis prior to implementation, the improvements are categorized into locations of major and minor crossings. Possible improvements at major crossing locations could include roundabouts, flashing beacons, or a new tool known as a protected intersection. Possible improvements at minor crossing locations include curb ramps, crosswalk striping, bike boxes, and curb extensions, or other improvements. Additional Pedestrian Amenities In addition to the bicycle and pedestrian network, the Active Transportation Plan identifies projects and programs to enhance the walking experience. In conjunction with the COVID-19 economic response campaign known as Open SLO, the City installed approximately 40 parklets citywide. The Active Transportation Plan builds on this success and provides guidance for a sustained parklet program. Other programs include recommendations to bring an Open Streets event (also known as Ciclovía) to San Luis Obispo, continued support for a citywide bike share system, and recommendations to incorporate public art and placemaking streetscape enhancements as part of future active transportation projects. Item 20 Packet Page 470 Prioritization of Projects Given that the Plan proposes over 240 projects, and acknowledging that there are limited financial resources to spread between all city infrastructure projects, it is imperative that the bicycle and pedestrian projects identified in this Plan are prioritized based on their greatest potential to increase bicycling and walking safety, access and connectivity, and ultimately— mode share. Therefore, the bicycle and pedestrian network projects were evaluated against a set of criteria and scored. The following criteria were used to prioritize the proposed bicycle and pedestrian projects: •Ridership/Usage Potential •Safety/Collisions •Equity: Improve access for Disadvantaged and Low-Income Communities Members •Community Input •Existing Level of Traffic Stress (LTS) •Proximity to Key Destinations: Schools (K-12 and Cal Poly), Parks and Open Space, Retail and Employment Centers, Downtown, Senior Housing & Supportive Facilities The projects have been categorized into the following categories: •Tier 1: The highest-priority projects with the greatest potential to increase the number of people bicycling and walking. The City will actively pursue funding for these projects first. The Plan proposes that the City endeavor to complete the Tier 1 network by 2030 to be consistent with Climate Action Goals to reduce Greenhouse Gas emissions in the City. •Tier 2: Moderate-priority projects that play an important role in the future bicycle and pedestrian network, but with less potential than Tier 1 projects to increase bicycling and walking. These projects will be pursued as funding opportunities arise, but not at the expense of delaying Tier 1 projects. •Tier 3: Lower-priority projects that help complete the bicycling and walking network but are not likely to generate measurable increases in bicycle and pedestrian trips. These projects will be funded primarily through grants and where required as a condition of approval for new development projects. Individual bikeway and pedestrian projects were reviewed, evaluated, and prioritized by City staff and the City’s Active Transportation Committee based on the prioritization criteria listed above. In selecting the Tier 1 network, staff and the Active Transportation Committee focused on creating a cross-town network of interconnected routes that present the greatest potential to generate increased bicycle and pedestrian mode share and reduce existing collision trends. Using data extracted from the City’s Travel Demand Forecasting Model, various route combinations were evaluated until a refined network of nine priority corridors was selected (see Figure 1 below). These Tier 1 priority corridors have potential to serve roughly 70% of citywide trips, at least for a majority of the trip length. The remaining Tier 2 and Tier 3 projects improve bicycle and pedestrian circulation, but to a lesser extent than the Tier 1 network. Item 20 Packet Page 471 Figure 1. Tier 1 Projects (routes and crossing improvements) Additional Pedestrian Specific Improvements In addition to the bikeways, shared-use paths and crossing improvement projects identified as part of the Tier 1-3 networks, the Active Transportation Plan also proposes to actively pursue opportunities to construct other pedestrian-specific improvements, such as sidewalk repairs and construction of new sidewalks, upgrades to curb ramps to bring them up to current ADA standards, and installation of additional street lighting. To complete the pedestrian network, approximately 27 miles of new sidewalk would need to be constructed to fill in all the existing sidewalk gaps throughout the city. In addition, the City has thousands of intersection corners that would need to be reconstructed to meet current ADA standards, and several hundred new streetlights would need to be installed for each street and off- street path to meet the City’s current Engineering Standards. Many of these improvements will ultimately be installed as a requirement of future land use development/redevelopment projects, while others will be installed as City-initiated capital improvement projects. In lieu of mapping every location where the City would construct these facilities, the Plan outlines methodology for prioritizing City-initiated installation of these pedestrian improvements based on factors such as collision history, pedestrian activity, and proximity to key destinations such as schools (including Cal Poly), parks, the downtown core, and senior living facilities. Item 20 Packet Page 472 Implementation The Active Transportation Plan will be built over a number of years depending on funding and staffing resources, focusing first on the Tier 1 projects that have the highest potential to increase walking and biking. Throughout the implementation process, staff will continue to work with critical partners and the community to gather input. Implementation of the Plan will be incremental but is guided by established policy to continue to prioritize funding toward meeting the City’s goals for increasing bicycling and walking. Leveraging Funds and Projects Often times, the costs associated with individual active transportation projects can be reduced significantly by incorporating them into larger infrastructure projects, particularly roadway resurfacing projects. These projects require coordination and planning and focus on leveraging on-going or planned projects to build active transportation projects with an economy of scale. Quick-Build Quick-build projects are semi-permanent improvements that can be designed and implemented quickly, often utilizing lower-cost interim materials, such as flex posts, curb stops or paint, in lieu of more costly permanent materials. Quick-build strategies also provide the flexibility to test and refine designs before committing to more substantial infrastructure investments. An example of a quick-build strategy is the recent installation of bike lanes on Higuera Street in the downtown. By first installing the bike lanes in paint at a cost of around $15,000, the city is able to test the viability of the design before committing to a more permanent installation. Projects Built as a Condition of Development An additional opportunity to fund projects is to ensure the City works with developers to pay for or implement active transportation projects that are necessary for their new developments. The City has been successful in doing this through the construction of new projects by a developer or through the Citywide Transportation Impact Fee program, which collects a fair share fee from development throughout the city to help fund significant roadway, bicycle and pedestrian improvement projects. These opportunities create a “win-win” scenario for the community and the developer as it provides a necessary treatment to improve the community while providing transportation options for the residents, workers and visitors of the development and potentially reduces vehicle miles traveled and greenhouse gases. Measuring Progress Towards Implementing the Plan Ongoing monitoring and evaluation will be vital in achieving the goals of the Active Transportation Plan. The following matrix summarizes the proposed ways the City will measure progress towards implementing the Active Transportation Plan, with a summary report to be presented every other year to the Active Transportation Committee and made available to community on the City’s website. Item 20 Packet Page 473 Performance Measure Goals Goal # Goal Measure Current Goal Status (Baseline) 1 The share of citywide commute trips made by bicycling to 20% and 12% by walking by 2030 Current Mode Share: •Bicycle - 8.3% •Walk - 7.2% •Drive Alone - 67.7% 2 Consistent with the City's Climate Action Plan and General Plan Mode Share Objectives, decrease the share of total citywide trips made by single- occupant auto to 50% or less by 2030 Current Mode Share: •Drive Alone - 67.7% 3 Achieve Platinum Level status as Bicycle Friendly Community by the League of American Bicyclists Gold Status 4 Continue progress towards the City's Vision Zero goal of eliminating traffic fatalities and severe injuries, endeavoring towards a 75% reduction by 2030. Three-Year Total (2015-2017): •3 fatal collisions •43 severe injury collisions 5 Complete installation of the Active Transportation Plan's Tier 1 bicycle and pedestrian network by 2030. 6.5% of the ultimate Tier 1 network currently in place: •0% of new low-stress bikeway mileage •0% of new enhanced pedestrian/bicycle crossings 6 Consistent with the General Plan Circulation Element policies, strive to allocate transportation funding across various transportation modes approximately proportional to the General Plan Modal Split Objectives Baseline to be set in 2021 7 Double the mode share for all bicycle and pedestrian trips for public K-12 schools in the city Baseline to be set in 2021 POLICY CONTEXT The recommendations of the Active Transportation Plan support the current Sustainable Transportation Major City Goal identified in the 2019-21 Financial Plan. In addition, the Active Transportation Plan implements many of the goals, objectives policies and programs of both the City’s General Plan and Climate Action Plan for Community Recovery. The General Plan Land Use and Circulation Elements identify a multitude of goals and policies promoting bicycling and walking, and reducing community dependence on single-occupant automobile trips. Similarly, reducing vehicle miles traveled (VMT) and related greenhouse gas emissions through improving access and use of sustainable transportation modes, such as walking and bicycling, is one of the most important goals identified in the City’s Climate Action Plan for Community Recovery. Item 20 Packet Page 474 In turn, one of the key Foundational Actions identified under the Connected Community Pillar of the Climate Action Plan recommends that the City “Complete on of the Active Transportation Plan and begin implementation immediately”. A fundamental objective of the Active Transportation Plan is to provide the policies, programs and infrastructure needed to increase the number of trips completed by active transportation modes, supporting the City’s General Plan and Climate Action Plan Modal Split Objectives to reach 20 percent of citywide trips by bicycle and 18 percent by walking, carpool and other sustainable transportation options. PUBLIC ENGAGEMENT In the fall of 2019, City staff branded an outreach strategy known as the “Roll and Stroll” campaign and held a series of both in-person and online community outreach activities for the Active Transportation Plan. The community outreach is summarized in the draft Plan. In-Person Activities In person outreach included five pop-up workshops on weekends in neighborhoods throughout the City, event booths at the SLO Farmers Market and Cal Poly University Union, as well as an open house workshop at the City/County Library. Online Activities Online activities included a project webpage at www.slobikewalk.org, on online interactive mapping tool, and an online Citywide Active Transportation Survey. The online Active Transportation Survey was conducted to better understand existing travel behavior, major barriers to active transportation, and what investments community members would like the City to prioritize in order to increase access to walking and bicycling. Postcards were distributed to a randomly generated list of 4,500 city residents to invite participation in the survey, which resulted in 709 completed surveys, providing a statistically valid sample. Other community members were also offered the opportunity to participate the survey, although the results were not counted as part of the statistically valid survey sample. An Interactive Online Mapping Tool was created to provide participants with an opportunity to mark locations throughout the city to identify locations of desired intersection crossing priorities, bikeway, and pedestrian facility improvements. Item 20 Packet Page 475 The input received as part of these public outreach activities was used to guide development of the projects, policies, and programs included in the Draft Active Transportation Plan. CONCURRENCE Over the past two years, spanning at least 17 meetings, the Active Transportation Committee (ATC) has provided valuable input on the Active Transportation Plan. The ATC will consider a recommendation of the Public Draft Active Transportation Plan on November 30 and December 3 (if needed). Staff will inform the Council of the ATC’s recommendations within the staff report for potential Council adoption of the Final Active Transportation Plan on February 2, 2021. The Planning Commission will consider a recommendation of the Draft Active Transportation Plan on Wednesday, December 9, 2020. Staff will inform the Council of the recommendation as part of Council’s consideration of the Active Transportation Plan adoption on February 2, 2021. In addition, the Parks and Recreation Commission has provided valuable input on the Draft Plan, which will be incorporated into the Final Plan. The Draft Active Transportation Plan has also been shared with the Diversity, Equity, and Inclusion Task Force for any recommendations it may wish to provide. The Administrative Draft Active Transportation Plan was provided for internal review by several City departments, including City Administration, Fire and Police Departments, Construction Inspection, Office of Sustainability, and the Community Development Department (planning and development engineering groups). Other community groups have helped shape the Active Transportation Plan including the SLO Chamber of Commerce, Downtown SLO, SLO County Public Health Injury Prevention Committee, SLO County Healthy Eating-Acting Living Coalition, Bike SLO County, Save Our Downtown, SLO U40, Cal Poly ASI, and others. ENVIRONMENTAL REVIEW This study session does not constitute a “Project” under CEQA Guidelines Sec. 15378. However, a CEQA Initial Study / Negative Declaration has been prepared for the Plan and is provided for public review concurrent with release of the Public DRAFT Plan (Attachment B). FISCAL IMPACT Budgeted: No Budget Year: 2019-21 Funding Identified: No Item 20 Packet Page 476 Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund State Federal Fees Other: Total $0 $0 $0 This study session itself does not have any direct fiscal impact since no formal action will be taken. If adopted, the fiscal impact associated with fully implementing the Active Transportation Plan is significant and will extend over many years, requiring substantial funding commitments over multiple financial plans as well as exploration of grants, development fees and other outside funding sources. Since the Active Transportation Plan is a programmatic document, it provides only a planning level assessment of project costs. Therefore, a high- and low-cost range has been provided. The broad range of potential costs is appropriate given the level of uncertainty in the design at this point in the planning process. Total Cost Estimate for Build-Out of Active Transportation Plan Projects Priority Level Cost Estimate (Low) Cost Estimate (High) Tier 1 Projects $ 16,800,000 $ 195,400,000 Tier 2 Projects $ 2,900,000 $ 26,500,000 Tier 3 Projects $ 30,900,000 $ 181,400,000 Consistent with the Climate Action Plan for Community Recovery, the Active Transportation Plan calls for the City to actively work toward achieving the General Plan mode share targets by 2030 by prioritizing implementation of the Tier 1 bicycle and pedestrian network. Other projects would be completed as opportunities become available or as part of development mitigation. With that said, ultimately each individual project and program expenditure would be considered and prioritized by the City Council as part of the City’s two-year financial planning process. A total of $140,000 was previously allocated for the development of the Active Transportation Plan in the FY 2017-19 and FY 2019-21 Financial Plans. STUDY SESSSION FRAMEWORK FOR FEEDBACK TO STAFF At this study session, Council will receive a summary presentation of this report, hear input from the public, and provide questions and feedback to staff to guide development of the Final Plan. In providing feedback to staff, below are a series of questions that Council may want to use to guide the discussion. Item 20 Packet Page 477 Question #1. Does Council believe the policy framework of the Plan provides a suitable roadmap for reaching mode share targets identified in the Circulation Element? If not, are there specific ways the Council would like to see staff amend the policy framework of the proposed Plan? Question #2. Is Council satisfied with the overall organization of the Plan? Are there specific pieces of information that are difficult to find, or not covered in the Plan that Council would like to see included in the Final Plan? Question #3. Does Council have additional input on the proposed bicycle and pedestrian network? Are there any projects not identified in the Plan where the Council believes improvements should be recommended? Question #4. Would Council like to make changes to the proposed strategy for project Tiering (Tier 1-3)? Are there projects that Council believes should be identified with a higher/lower priority? Question #5. Does the Council have concerns with establishing an ambitious target date of 2030 for completion of the Tier 1 network? Question #6. Is Council satisfied with proposed Performance Measures and plan to monitor success? ALTERNATIVES Council could provide feedback in areas other than the example questions listed above. Attachments: a - COUNCIL READING FILE - Public Draft of the Active Transportation Plan b - COUNCIL READING FILE - Initial Study Negative Declaration Item 20 Packet Page 478