HomeMy WebLinkAbout05-04-2021 Agenda Packet
Tuesday, May 4, 2021
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):
➢ URL: https://slocity-org.zoom.us/j/95980530453?pwd=dTVHSmJTSW9EUU91V3dxQkV2bU9KQT09
➢ Telephone Attendee: +1 (669) 900-6833
➢ Webinar ID: 959 8053 0453; Passcode:816458
Note: The City utilizes Zoom Webinar for City Council Meetings. All attendees will enter the meeting
muted. An Attendee tutorial is available on YouTube; please test your audio settings.
• 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 public comment for the item
you would like to speak on is called, please raise your virtual hand, your name will be called, and
your microphone 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 May 4, 2021 Page 2
6:00 PM
REGULAR MEETING
TELECONFERENCE
Broadcast Via Webinar
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
PLEDGE OF ALLEGIANCE: Council Member Andy Pease
PRESENTATIONS
1. CITY MANAGER REPORT (JOHNSON – 10 MINUTES)
Receive a brief report from City Manager Derek Johnson.
2. PRESENTATION ON THE "BIKE THERE!" EVENT ON MAY 20, 2021
(WILLIAMSON – 5 MINUTES)
Receive a presentation from Peter Williamson on the “Bike There!” event on Thursday, May
20, 2021.
3. FAIR TRADE MONTH PROCLAMATION (HARMON – 3 MINUTES)
Mayor Harmon will proclaim the month of May as “Fair Trade Month.”
4. PUBLIC WORKS AND UTILITIES WEEK PROCLAMATION (HARMON – 3 MINUTES)
Mayor Harmon will proclaim the week of May 16-22, 2021 as “Public Works & Utilities Week.”
5. RECOGNITION EVENT: MAYOR'S AWARD FOR COMMUNITY SERVICE
(HARMON – 3 MINUTES)
Mayor Harmon will present students from Laguna Middle School with an award for
community service.
6. INTRODUCTION OF KELSEY NOCKET, HOMELESS RESPONSE MANAGER
(CODRON – 5 MINUTES)
Community Development Manager Michael Codron will introduce Kelsey Nocket,
Homeless Response Manager.
San Luis Obispo City Council Agenda May 4, 2021 Page 3
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
The Council welcomes your input. State law does not allow the Council to discuss or take action on
issues not on the agenda, except that members of the Council or staff may briefly respond to statements
made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2).
Staff may be asked to follow up on such items.
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon
at one time. A member of the public may request the Council to pull an item for discussion. Pulled
items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses
another time. The public may comment on any and all items on the Consent Agenda within the three-
minute time limit.
7.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
8.MINUTES REVIEW - APRIL 13, 2021 AND APRIL 20, 2021 COUNCIL MINUTES
(PURRINGTON)
Recommendation:
Approve the minutes of the City Council meetings held on April 13, 2021 and April 20,
2021.
9.AUTHORIZE AMENDMENT NUMBER 4 TO THE TRANSIT OPERATIONS &
MAINTENANCE CONTRACT WITH FIRST TRANSIT INC. (HORN / ANGUIANO)
Recommendation:
Authorize the Mayor to execute Amendment Number Four to the Transit Operations &
Maintenance Agreement with First Transit Inc. to extend the term until June 30, 2022 at the
agreed upon and negotiated rate to not exceed $2,883,946.
10. AUTHORIZE A CONTRACT WITH HDL COMPANIES FOR CANNABIS
PROGRAM SERVICES (HERMANN / BAILEY / TONIKIAN)
Recommendation:
Authorize the City Manager, or their designee, to execute a contract with HdL Companies to
provide support services for the operations of the City’s Cannabis Business Program.
San Luis Obispo City Council Agenda May 4, 2021 Page 4
11. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR A
CONSULTANT TO SERVE AS THE CITY’S BELOW MARKET RATE HOUSING
PROGRAM ADMINISTRATOR (CODRON / VERESCHAGIN)
Recommendation:
1.Authorize the issuance of a Request for Proposals (RFP) for a Below Market Rate
(BMR) Program Administrator; and
2.Authorize the City Manager to enter into a consultant services agreement if proposals are
received within the available budget of $117,000 annually for the project.
12. AUTHORIZATION TO ADVERTISE 2021 DOWNTOWN PAVEMENT
IMPROVEMENTS PROJECT, SPECIFICATION NO. 1000167 (HORN /
RODRIGUEZ)
Recommendation:
1.Approve the project plans and specifications for the 2021 Downtown Pavement
Improvements Project, Specification No. 1000167; and
2.Authorize staff to advertise for bids; and
3.Authorize the City Manager to award the construction contract including the Base Bid
and any Additive Alternates if the lowest responsible bid is within the Publicly
Disclosed Funding Amount of $3,400,000 and the funding amount is consistent with the
adopted 2021-22 budget appropriation for this project; and
4.Authorize the City Engineer to approve Contract Change Orders up to available project
budget of $4,233,095
13. AUTHORIZATION TO ADVERTISE SINSHEIMER IRRIGATION AND
DRAINAGE, SPECIFICATION NO. 91658 (HORN / NGUYEN)
Recommendation:
1.Authorize staff to advertise for bids and approve the project plans and special provisions
for the Sinsheimer Irrigation and Drainage, Specification Number 91658; and
2.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 $500,000 and the funding
amount is consistent with the adopted 2021-23 budget appropriation for this project.
14. AUTHORIZATION TO RECLASSIFY SIX SUPPLEMENTAL YOUTH SERVICES
SITE SPECIALISTS TO SIX FULL-TIME EQUIVALENTS (AVAKIAN / BERGAM)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the reclassification of six supplemental Youth Services Site
Specialists to six full-time equivalents.”
San Luis Obispo City Council Agenda May 4, 2021 Page 5
15. FISCAL YEAR 2021-22 CENTRAL SERVICE COST ALLOCATION PLAN, COST
OF SERVICES FEE CALCULATION, AND LABOR RATES (ELKE)
Recommendation:
Approve the 2021-22 Central Service Cost Allocation Plan including the Cost of Services
Allocation and Labor Rates.
16. SECOND READING AND ADOPTION OF ORDINANCE 1695 (2021 SERIES)
ADDING CHAPTER 8.10 (SHOPPING CARTS, AND ORDINANCE 1696 (2021
SERIES) AMENDING CHAPTER 12.04 (ENCROACHMENTS AND
EXCAVATIONS) AND CHAPTER 12.20 (PARK REGULATIONS) (STANWYCK /
AVAKIAN / HORN)
Recommendation:
1.Adopt Ordinance 1695 (2021 Series) entitled, “An Ordinance of the City Council of the
City of San Luis Obispo, California, amending Title 8, Health and Safety, of the
Municipal Code to add Chapter 8.10 pertaining to the unauthorized removal of shopping
carts from retail establishments and to facilitate retrieval of abandoned shopping carts.”
2.Adopt Ordinance 1696 (2021 Series) entitled, “An Ordinance of the City Council of the
City of San Luis Obispo, California, amending Chapter 12.04 and Chapter 12.20 of the
San Luis Obispo Municipal Code to clarify expressly that tents and similar structures are
prohibited encroachments in public parks.”
17. SECOND READING OF ORDINANCE NO. 1697 (2021 SERIES) APPROVING THE
LEVY OF THE SPECIAL TAX FOR THE SAN LUIS RANCH COMMUNITY
FACILITIES DISTRICT (ELKE / E. CANO)
Recommendation:
Adopt Ordinance No. 1697 (2021 Series) entitled, “An Uncodified Ordinance of The City of
San Luis Obispo, California, levying a Special Tax for the fiscal year 2021-2022 and
following fiscal years solely within and relating to the City of San Luis Obispo Community
Facilities District No. 2019-1 (San Luis Ranch).”
18. POLICE DEPARTMENT 2019/2020 CRIME COMPARISON AND UPDATE
(AMOROSO)
Recommendation:
Receive and file the 2020 Police Department Crime Report.
San Luis Obispo City Council Agenda May 4, 2021 Page 6
STUDY SESSION ITEMS
19. STUDY SESSION ON THE PUBLIC DRAFT PARKS + RECREATION
BLUEPRINT FOR THE FUTURE: 2021-2041 (PARKS AND RECREATION PLAN
AND GENERAL PLAN ELEMENT UPDATE) (AVAKIAN / SCOTT – 90 MINUTES)
Recommendation:
1.Receive a presentation on the Public Draft Parks + Recreation Blueprint for the Future:
2021-2041 (Parks and Recreation Plan and General Plan Element Update); and
2.Provide comments and direction to staff to guide the Final Draft Parks + Recreation
Blueprint for the Future: 2021-2041 (Parks and Recreation Plan and General Plan
Element Update).
LIAISON REPORTS AND COMMUNICATIO NS
(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. I n addition, subject to Council Policies and Procedures,
they may provide a reference to staff or other resources for factual information, request staff to
report back to the Council at a subsequent meeting concerning any matter or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, May 18, 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 direct such request to the City Clerk’s Office at (805) 781-7100 at least
48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.
City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or
documents provided to the City Council are available for public inspection in the City Clerk’s Office
located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the
City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City
Clerk’s Office at (805) 781-7100.
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
in the year 2021.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
010
Of 2021.
Patricia Horton, New Times Legals
Proof of Publication of
NOTICE OF ADOPTED ORDINANCE
NOTICE M HEREBY GIVEN Matthe CM Council of Me City of San Luis
Obispo, Cal'domia, et be Regular Meeting of May 01021, adopted the
ordinance listed below upon a motion by Council Member Christianson,
second by Cauncil Member Passe, and oa the fidlovnng .It Fall vote:
AYES: Council Member Christianson, Pease, Vice Mayor
Stewart and Mayor Harman
NOES' None
ABSENT Council Member Marx
ORDINANCE NO.169i POn SERIES
AN UNCODIFIED ORDINANCE OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, LEVYING A SPECIAL TAX FOR ME
FISCAL YEAR W-20rt AND FOLLOWING FISCAL YEARS
YONIN AND REUTING TO ME CITY OF LUIS
SOLELY ar
OB SPO COMMUNm FACILNIES DISTRICT NO. 201�9-1N Ulf
WISRANCHI
WHEREAS, Me CFO Council of San Wis Obispo (Me Council
conducted proceedings under and pursuamm the terms and provisions
at the Mello -Noes Community Facilities Act of 199L as amended
(Chapter 25, Part 1, Division; Tate 5 of the Government Code of Me
State of Ca6lomia), and all laws amendatory Mema(or supplemerdel
,harem to firm its Command, Facilities DisMcl No. 2019-1 San Wis
Ranch and au,horided a special Is. to finance certain public facilities;
and
WHEREAS, Me Council also auMomed the issuance of debt
finance the heelless , and established the appropriations limit for the
Community FadFNes District all as net forth in Reading. No TOM
(MIS Send) and Resolution No. ID9991R119 Senors) adopted an April;
2a19 and
WHEREAS. the Council adopted Ordinance No. 1fi61(ID19 Selves)
on April IF, 2019. to approve Me levy of a Spacial Tax In connection with
San Luis Ranch Communities Facilities D'uinct and its approved Ram
and Method of Apportionment and
WREREM, on March 16, M. the
Cauncil adopted nift.naWben
No. IIM C,,I series) (the-lbigiatian of Coastal eraton') in which it
determined m consider u pd adng the Rate and Ad ethod of Apportionment
duets substantial changes in the development and
WHEREAS. on ApnIM,M21 the City Council adopted a Resolution
Calling a Spacial Mailed -Ballet Election, related to change proceedings
Within the San Wis Reach Community Facilities District and
WHEREAS, to landovermowithinNe San Luis Ranch Community
FacilNes District have completed the ballots and remm the results OF
the CM CIO& with at least tra ims approving the amendment and
WHEREAS, in connection with the ballot results, the City Council
has therefore adopted a Resolution of Change on April M,, Mr related
tote San win Ranch Community FacirNes Oisbict Rate and Method al
App romamentand
WHEREAS, the action does net constinde a -Project" under
Calilomia Environmental (badly Act Guidelines Sec. 153/6 ant
therefore they are not applicable.
THEREFORE IT BE OMAINFO by the City Cauncil of Me City a
San War; Obispo does as follows:
SECTION 1. Pursuant in Government
Cade
lesoludonNo.1�(M9Sries),adoptebyheCitCthzit:ouncin of Me Cityof San Wis Obapo (to on April; 2O191the
Resalulionof Formation,Resolution No. 11233121NI5eriesl, adopted
,tw CMCoun6lan Mamh16,211211Me'ResolutiOa WConsidmafion'1
and Resolution NO 11M (2Gn Series) adapted by Me City Council
m April M, MI (Ma Resolution of Change and, collecUvery wi,h
he Resolution of Formation and Me Reslluton of Consideration, Me
Resolutions) and m accordance w'M to Amended and Reed
Its and Method atAppor marmal at Spacial Tax IMm'RMA') Howarth
n ExhibkAmthe Resolulionof Conside bftrel.bn MteCityof San
Lis Obispo Community facilNes Dimnm No. 2019-1 ISM Wis Ranch)
the 'Community Facilities Oi viol, a special tax u hereby levied on
he Community Facilities floor for the Mlw2 71 fiscal year and for
If subsequent fiscal was in Me amount of the maximum special tax
ethorrsed under to Reaolawas and the RMA provided that this
amount may be adjusted annually, subject in Me maximum audwrieed
gmamlmx under the Resolutions and the RM0.
SECTION I The Rnance Ma e, of the City of San W's Obispo
a designee thereat (the'CRD Adrrvnlstramr') or such Other officer
n staff member succeeding to the dates of Me CFO Adrffmwmor
Mth respect m the Community FacilNes District with the aid at the
appropriate officers and agents of Me City and evident harbor
a bor action of
fie City Council, is authored and directed (a) to determine each year
the appropriate amount of the special tax (pursuamm and as provided
a to Resolutions and the 111(6) in prepare Me annual special Max
roll in accordance With to RualudonsaM the RMA and (elm proNde
all necessary and appropriate information to Me County of San Wis
Obispo (the'Coumy') Tax C011ecmr in proper farm, and in proper time,
necessary to effect to correct and may billing and collection of the
special ex On Me secured property FOR of the County, provided, that
as provided in Section 53940 of the Caltlomia Government Code, the
Resolutions and Me RMA, the City Council has reserved Me right m
. a nmmn enllemirm and erdorcoa Me
special tax, including direct billing, supplemerRal paling, and, omen
teWduley available, judicial foreclosure Of the special ex lien.
SECTION a The appropriate officers and agents of the City are
author¢edm make adjustments m to Spurred Tax roll prior to the final
posting of each Special Tax m Me County tax roll each fiscal year, as
may be necessarym achieve a correct match of each Special Tax levy
with Me ass .s eO parcel numbers finally utif red by the County in
sending DO properyex bills.
SECTION q. The City agrees Mat in Me event enter Special Tax
it collected on the secured tax roll of the County, the County may add Ns
reasonable and agreed charges For collaring the related Special Tax
from the amounts co6ected, prior W remitting Me related Special Tax
mgections m to City.
SECTION S Taxpayers who have requested changes or
corrections afthe Special Tax pursuamm Section 9 othe RMA and who
are not satisfied vinh the decision of the CFO Adminisvator (whether the
CFO Administrator disagrees wM the expayer or concludes Mat the
City is net audrariaed OF consider Me change requested), may appeal
In the City Council. The appeal we be in venting and folly explain
the grounds of appeal and must be based solely on the correction
of mistakes in the levy based upon the sees of the property, and at
Other appeals will be allowed. The CFO Adminrstremr shall achedult
Me appeal for consideration within a reasonable time at a City Counci
meeting.
SECTION B If, for any reason, any potion of this ordinanc(
D found to be invalid, or if the spatial tors is band inapplicable OF am
particular parcel by a court of competent infleacbon, the balance a
this ordinance, and the application of Me special tax to the remenim
parcels shall rim be affected.
SECTION i. This ordinance shall take effect and be in Farm
immediately as a Fes measure; and before the expiration otmenty IN
dew got Gs passage the same shell be published in summary, withthr
names of the members voting to, and against the some, at lean crier
to a newspaper of general circulation published and circulated in thr
Community FaciFNes District
SECTION R Ordinance No. III IM19 Series) adopted by Mi
City Council on April 16, 2019, is hereby superseded to the eaem h t
inconsistemwMthis ordinance.
Teresa Purnngmn
City Clerk
City of San Wis Obispo
May 20, M21
hlnm & V—". NTMG ALmm/NThlti OFa/BUSMFSS/WNm Nnwn/Proa(o(%,b
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 • FAX (805) 546-8641
PROOF OF PUBLICATION
(_015.5 C.C.P.)
STATE OF CALIFORNIA,
Co -.inn of S::n Luis Obispo.
1. in ,i �irisn of the [hired Scares and a resident
.+r tha county aforesaid: I .un over the awe of
+u,-hmen years, and not a part), interested in the
+ovc entitle: matter. I am the principal clerk
-' die prints: of ncc ''ail, Times. a newspaper
.. •zcneral circulation, printed and published
r_.1 }. in die City- of San Lnis Obispo, County
,J San Luis Obispo, and which has been
ad:iudur.f ,t ElCr'papci of gcocral circulation by
a �
;ill 'S Pei iur (06r1 Of ehr G+trrn- rf San Leis
Scrcc M (-alifel:nia, under rfa +lace of
Fcbruan S. 1993, C.:se number CV7L789: rhar
:;od.e of which rile annexed is a ptintud copy
pern ripe nor snmllcr Than nonpareils, has been
pubji56ed in each regular and entire issue of said
icv paper and not in any supplement rhereof on
dm lol.ast ing dares, co -wit:
--A LfiLm__�
dic year 2021..
I .rrrifY (or declare) under the the pen tlry of
i., .j�x) d1.11: the forogoirs is roue ani COMM
+ ( a t + , tells day
2021.
rrr. '
Proof of Publication of
0
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all interested
Persons to participate in a public meeting on Tuesday,
MAY 4, 2021, m 690 p.m. While the Council encourages
.public participation, growing concern about the COVID-19
pandemic has required that public meetings be held via
teleconference. Meetings can be viewed on Government
Access Channel 20 or streamed live from the Citys YouTube
Channel at lef 0hroutubesloxity. Public comment, prior to
the start of the meeting, may be submitted in writing via U.S.
Mail delivered to the City Clerk's office at 990 Palm Street,
San Luis Obispo, CA 90401 or by email to emailcouncif
slocity.org.
Public Bearing Rem:
• The City Council will hold a Study Session on the Public
Draft Parks a Recreation Blueprint for the Future: 2021 -
2041 Parks & Recreation Plan and General Plan Element
Update (GENP-1942-201a & EID-0150-2021).
For more imufluatrAn, contact Showed Scott Senior
Planner, for the CiVs Community Development
Department at WS)781-7176orby email, sscott®sloc@g
erg.
The City Council may also discuss other hearings or
business items before or after the hems listed above. If you
challenge the proposed project in court, you may he limbed
to raising only those issues you or someone else raised at
the public hearing described in this noble, or in written
correspondence delivered to the City Council at, or prior to,
the public hearing.
Reports forthis meeting will be available for reviewonline at
www.slocby.in g no later Nan 72 hours prior to the meeting.
Please call the City Clerics ice of 1805) 7814100for more
information. The City Council meeting will be televised live
on Charter Cable Channel 20 and live streaming on the Cilys
YouTube channel https.1/yombe.slo.city.
+Teresa Purrington
City Clerk
City of San Luis Obispo
April 22, 2021
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid, I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
in the year 2021.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obi po, C hfornia, this day
aot —of �yJ � 2021.
Patricia Horton, New Times Legals
Proof of Publication of
a
ORDINANCE NO. 1695 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, AMENDING TITLE 8, HEALTH
AND SAFETY, OF THE MUNICIPAL CODE TO ADO CHAPTER
8.10 PERTAINING TO THE UNAUIHORi REMOVAL OF
SHOPPING CARTS FROM RETAIL ESTABUSHMENTS TWO TO
FACILITATE RETRIEVAL OFABANOONED SHOPPING CARTS
NOTICE IS HEREBY GMBR thanhe City Council of the City of Son
Luis Obispo, California, at its Special Meeting of April 13,221,
introduced the above tided ordinance upon a motion by Council
Member Pease, second by Council Member Chrisianson, and
on the following call call vote:
AYES: Council Member Christianson, Man; Pease,
Vice Mayor Stewart and Mayor Harmon
NOES: None
Ordinance No. U8512021 Series: This ordinance adds Chapter
8.10 to the Ckys Municipal Code to facilitate the removal of
abandoned shopping carts in the City of San Luis Obispo
and defines "abandoned or mathandled shopping cart" as a
can that is "left unattended, discarded or abandoned upon
any public or private properly other than the premises from
which the shopping cart was removed, regardless of whether
such shopping can was removed from the promises with the
authorization or consent of the carts ownet" The ordinance
placesthe burden of retrieval on the shopping canownerlay any
business to allow or permrtthe removal of a shopping can from
the owners premises. The ordinance establishes requirements
for can containment and retrieval by cart owners, procedures
for impoundment of abandoned can by the Cily, and recovery
from the cartmwer of fines and costs incurred by the City.
A full and complete copy of the Ordinance will be available for
inspection as part of the published agenda packet for the May
4, 2021 Council Meeting, or you may call (805) 781-7100 for more
bdormadon.
NOTICE IS HEREBY GIVEN that the City Council of the City of
San Luis Obispo will consider supping the Ordinance in its;
Regular Meeting of May A 2021 at SAO pm. While the Council
encourages public participation, growing concern about the
COND-19 pandemic has required that public meetings be held
via teleconference. Meethrgs can be viewed on Govemmit
Access Chmmet 20 or streamed live from the Gigs YouTube
channel at hupYyymmrbeslocdy. Public comment, prior to
the start of the marring, may he saturated in wrifing to the Cdy
Clerk's Office, 990 Palm Street San Luis Obispo, CA 93401 or by
email W emailcouncilftocky.org.
Teresa Farrington,
City Clark
Apri129,2021
M::,:n d Fe—WI.N.c AAn:'MN GOan/BUSINa$$;Guhl:c NmicNP'xf of Ppb
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546.8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015,5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
ail
in the year 2021.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, C forma, this day
of 1 .2021.
Patricia Horton, New Times Legals
Proof of Publication of
ORDINANCE NO. 1696(2121 SERIES)
AN ORDINANCE OF THE COFY COUNCIL OF THE CITY OF SAN
LUIS OBISPO. CALIFORNIA, AMENDING CHAPTER 1209
AND CHAPTER 1221 OF THE SAN LUIS OBISPO MUNICIPAL
CODE TO CLARIFY DMESSLY THAT TENTS AND SIMILAR
STRUCTURES ARE PROHIBITED ENCROACHMENTS IN
PUBUCPARKS
NONCE IS HEREBY GREEN thatthe CayCouncil ofthe CM of San
Luis Obispo, Califomia, at its Special Meeting of April 13, 2021,
introduced the above titled ordinance upon a motion by Council
Member Christianson, second by Council Member Morn, and on
the following rail call vote:
AYES Council Member Christianson, Ni Vice
Mayor Stewart, and Mayor Hannon
NOES: Council Member Pease
Ordinance No. 1696f2021 Sene uThisardinance amends Chapter
1204 and 1220 of the Ctys Municipal Code to clarify expressly
that ten6.and similar structure are prohibited encroachments
in public parks The purpose of the ordinance is to support the
lawful use and access to city parks by all community members
consistent with the intended uses and aesthetic qualities of City
parks. The ordinance includes a specific definition for tents,
which includes any enclosed temporary physical structure
that obstructs activities within the structure from public view,
excluding canopies and covers that are open on all sides. The
ordinance also provides thin -Tent" shall not include blanker,
towels, mats, portable lawn chairs, unenclosed shade structures
not affixed to public property, or similar items formmporery use
in conjunction with otherwise lawful park use. Tents erected
by express permission of the Parks and Recreation Director in
connection with a valid event pent are exempted.
A full and complete copy of the Ordinance will be available for
inspection as part of the published agenda packet for the May
4, 2121 Council Meeting, or you may call (805) 781-7100 for more
irdurmation.
NOTICE IS HEREBY GNEN that the City Council of the City of
San Luis Obispo will consider adopting the Ordinance at it
Regular Meeting of May k 2121 a 6d10 pm While the Council
encourages public participation, growing concern about the
COIAD-19 pandemic has required that public meetings be held
via teleconference. Moabgs can be viewed on GoveremrM
Aaess Channel 21 or streamed Irve from Cb CiWs Youllube
channel Y hlgr//Vieftb docile. Public comment, prior m
the start of the meeting, may be submitted in writing to the City
Clerk's Office, 99D Palm Street, San Luis Obispo, CA.93401 or by
email to emailcouncil®s1ocM.arg.
Teresa Purnington,
City Clerk
elm &Pm 1/.NTNGN m/MNG Off-AUSMESSINIA,, Nrc n/P.mf,f tub
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, ro-wit:
in the year 2021.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, C ifornia, this day
2011^ of .2021.
Patricia Horton, New Times Legals
Proof of Publication of
ORDINANCE NO. 169712021 SERIES)
AN UNCODIRED ORDINANCE OF THE CRY OF SAN LUIS
OBISPO. CALIFORNIA LEVYING A SPECIAL TAX FOR THE
FISCAL YEAR 2MI-2M22 AND FOLLOWING FISCAL YEARS
SOLELY WITHIN AND RELATING TO THE CRY OF SAN LUIS
OBISPO COMMUNITY FACILITIES DISTRICT NO.201!F7 (SAN
WIS RANCH)
NOTICE IS HEREBY GIVEN that the City Council of the Cityaf San
Luis Obispo, California, at as Regular Meeting of Aptil 2T, 2121,
introduced the above titled ordinance upon a motion by Council
Member Christianson, second by Council Member Pease, and
on thefolluvaning roll relives:_
AYES: Council Member Christenson, Pease,
Vice Mayor Stewart and Mayor Harmon
RECUSED: Council Member Marx
Ordinance No. 16D 12021 Series): This Ordinance, in connection
with the amended Ras and Method of Apportionment (RMAIfor
the San Luis Ranch Community Facilities District was introduced
to approve the levy of the special tax an the secured pmpenytac
rollafthe County at San Luis Obispo. The ordinance sea forth the
special tax levy for fiscal year 2121-22 and all subsequent fiscal
year: and is solely applicable within the boundaries of the San
Luis Ranch Community Facilities District
A full and complete copy of the Ordinance will be available for
inspection as part of the published agenda packet for the May
4, 2021 Council Meeting, or you may call 05) 781-710D for more
information.
NOTICE IS HERBY GIVEN that the City Council of the Cry of
San Luis Obispo will consider adoptrng the Ordinance a< his
Regular Meeting of May 4,210 at &DO pm While the Council
encourages public participation, growing concern about the
COVID-19 pandemic has required that public meetings be held
via teleconference. Meetings can be viewed on Govomroa
Access Cleared! 20 or mood live from the Ciy+s YouTubs
camel at hapJ7yoWrbesbcity. Public comment prior m
the stert of the meeting, may be submitted in writing to the City
ClerVs Office, 990 Palm Street San Luis Obispo, CA 93401 or by
email to emoicouncil®slocity.org.
Teresa Puningsn,
City Clerk
Avil 29,2021
M,,&N—W-NTN0 Arm MIIV OFvnaUSmNESS/rVN, N—v0rFrcf d Vnb
San Luis Obispo Page 1
Tuesday, April 13, 2021
Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, April
13, 2021 at 5:33 p.m. by Mayor Harmon, with all Members present via teleconference.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica
A. Stewart, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Mayor Harmon led the Pledge of Allegiance.
PRESENTATIONS
1. ADVISORY BODY RECOGNITION
The Mayor and City Council recognized the Advisory Body members for their service.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Tim Jouet
---End of Public Comment---
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PUBLIC HEARING ITEMS AND BUSINESS ITEMS
2. INTRODUCE AN ORDINANCE AMENDING THE SAN LUIS OBISPO
MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING CARTS), AND AN
ORDINANCE AMENDING CHAPTER 12.04 (ENCROACHMENTS AND
EXCAVATIONS) AND CHAPTER 12.20 (PARK REGULATIONS)
Assistant City Manager Shelly Stanwyck, Parks and Recreation Director Greg Avakian and
Public Works Director Matt Horn provided an in-depth staff report and responded to
Council questions.
Public Comments:
Amman Asfaw
SBSLO Alliance
Thomas Arndt
Kevin Foote
Marshall James
Eva Ulz
Frank Kopcinski
Donna Hare Price
Lisa Jouet
Michelle M.
---End of Public Comment---
RECESS
Council recessed at 8:15 p.m. and reconvened at 8:27 p.m., with all Council Members present.
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to introduce Ordinance No. 1695 (2021
Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo,
California, amending Title 8, Health and Safety, of the Municipal Code to add Chapter 8.10
pertaining to the unauthorized removal of shopping carts from retail establishments and to
facilitate retrieval of abandoned shopping carts;”
Revise Section 8.10.040 (Packet Page 15) as follows:
A. “Abandoned or unattended shopping cart” means a shopping cart which is either:
1. Removed from the premises of a retail establishment by any person without the
written authorization or consent of the cart’s owner; or
2. Left unattended, discarded, or abandoned upon any public or private property
other than the premises from which the shopping cart was removed, regardless of
whether such shopping cart was removed from the premises with the
authorization or consent of the cart’s owner. For purposes of this chapter, a
shopping cart located on any public or private property other than the premises
of the retail establishment from which such shopping cart was removed is
presumed abandoned, even if in the possession of any person, unless the person
possessing the shopping cart is:
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a. The owner, or an employee or authorized agent of the owner, entitled to
possession of such shopping cart;
b. An officer, employee or agent of a cart retrieval service hired by the owner to
retrieve such carts;
c. Enforcing this chapter upon the Director’s authority; or
d. Has written permission to possess such shopping cart from the owner entitled
to possession of such shopping cart.
Revise Section 8.10.060 Prohibitions (Packet Page 17) as follows:
A. It is unlawful for any business to allow or permit the removal of a shopping cart
from the premises of the cart’s owner.
A. t is unlawful to possess a shopping cart off the premises of a retail establishment
without the prior written authorization or consent of the shopping cart’s owner,
unless the person in possession of the shopping cart is in the process of immediately
returning the shopping cart to the premises of the retail establishment.
B. It is unlawful for any person to leave, or cause to be left, a shopping cart that was in
his or her possession or custody, on any public area or upon any public or pr ivate
property such that it becomes an abandoned shopping cart.
C. It is unlawful to possess or use a shopping cart in City parks or open spaces and in
any creek, stream bed, or riparian area located within the City.
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER MARX, CARRIED 4-1 (COUNCILMEMBER PEASE VOTING
NO) to introduce Ordinance No. 1696 (2021 Series) entitled, “An Ordinance of the City
Council of the City of San Luis Obispo, California, amending Chapter 12.04 and Chapter
12.20 of the San Luis Obispo Municipal Code to clarify expressly that tents and similar
structures are prohibited encroachments in public parks” consistent with a previously issued
clarifying Memorandum.
ACTION: By consensus, the Council directed staff to continue to monitor the use of child
play areas in parks, check in with the Parks and Recreation Commission and report back to
the Council if there is further recommendations or direction needed from the Council.
STUDY SESSION ITEMS
3. 2020 URBAN WATER MANAGEMENT PLAN AND WATER SHORTAGE
CONTINGENCY PLAN
Utilities Director Aaron Floyd and Deputy Utilities Director of Water Mychal Boerman
provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
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By consensus, Council provided the following comments to staff:
• Prohibition on wheeling water at 5 years or less.
• As part of any wheeling agreement there should be a statement at what tier it gets cut off.
• Offers of audits could be in the Watch category.
• Keep up with the irrigation situation both in residential and around the school.
• Water bill inserts may not be the best way to outreach to customer because of auto bill pay.
• Make sure to include Social Media in outreach.
• Look for incentive ideas (contests) to make saving water more fun.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
None
ADJOURNMENT
The meeting was adjourned at 9:48 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, April 20, 2021 at 5:30 p.m., via teleconference.
APPROVED BY COUNCIL: XX/XX/2021
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San Luis Obispo Page 1
Tuesday, April 20, 2021
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, April 20,
2021 at 5:30 p.m. by Mayor Harmon, with all Members present via teleconference.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica
A. Stewart, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Renoda Campbell led the Pledge of Allegiance.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
1. RATE AND METHOD OF APPORTIONMENT AMENDMENT APPROVAL FOR
CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(SAN LUIS RANCH)
Council Member Marx indicated she would be recusing from the item as she is considering a
real property acquisition in the area.
Finance Director Brigitte Elke and Financial Analyst Esteban Cano provided an in-depth staff
report and responded to Council questions.
Public Comments
None
---End of Public Comment---
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ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER PEASE, CARRIED 4-0-1 (WITH COUNCIL MEMBER MARX RECUSED) To
adopt a Resolution No. 11237 (2021 Series), “A Resolution of the City Council of the City of
San Luis Obispo, California, calling a Special Mailed-Ballot Election related to change
proceedings within City of San Luis Obispo Community Facilities District No. 2019-1 (San
Luis Ranch).”
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER PEASE, CARRIED 4-0-1 (WITH COUNCIL MEMBER MARX RECUSED) To
adopt Resolution No. 11238 (2021 Series) entitled, “A Resolution of Change of the City
Council of the City of San Luis Obispo, California, relating to City of San Luis Obispo
Community Facilities District No. 2019-1 (San Luis Ranch.)”
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER PEASE, CARRIED 4-0-1 (WITH COUNCIL MEMBER MARX RECUSED) To
introduce Ordinance No. 1697 (2021 Series) entitled, “An Uncodified Ordinance of the City
of San Luis Obispo, California, levying a Special Tax for the Fiscal Year 2021 -2022 and
following fiscal years solely within and relating to the City of San Luis Obispo Community
Facilities District No. 2019-1 (San Luis Ranch)” to Levy the Special Tax for The Fiscal Year
2021-2022 and Following Fiscal Years Solely Within the Boundaries of The San Luis Ranch
CFD."
2. AUTHORIZE THE ISSUANCE OF THE SAN LUIS RANCH CFD SPECIAL TAX
BONDS, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED
$20,500,000, AUTHORIZING THE EXECUTION AND DELIVERY OF AN
INDENTURE, A BOND PURCHASE AGREEMENT AND A CONTINUING
DISCLOSURE CERTIFICATE
Council Member Marx indicated she would be recusing herself from the item as she is
considering a real property acquisition in the area.
Finance Director Brigitte Elke and Financial Analyst Esteban Cano 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 4-0-1 (WITH COUNCIL MEMBER MARX RECUSED) To
adopt Resolution No. 11240 (2021 Series) entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, authorizing the issuance of City of San Luis Obispo
Community Facilities District No. 2019-1 (San Luis Ranch) Special Tax Bonds, Series 2021,
in an aggregate principal amount of not to exceed $20,500,000 authorizing the execution and
delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Certificate,
authorizing the distribution of an official statement in connection therewith and authorizing
the execution of necessary documents and certificates and related actions.”
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PRESENTATIONS
3. CITY MANAGER REPORT
City Manager Derek Johnson provided a PowerPoint presentation updating Council on current
projects and COVID-19 status.
4. INTRODUCTION OF NICK TEAGUE, WATER RESOURCES PROGRAM
MANAGER; CHRISTINA CLAXTON, ENVIRONMENTAL PROGRAMS
MANAGER; MATT ANDERSON, LABORATORY MANAGER; AND JORDAN
LANE, SOLID WASTE COORDINATOR
Utilities Director Aaron Floyd introduced Matt Anderson, Laboratory Manager, Christina
Claxton, Environmental Programs Manager, Jordan Lane, Solid Waste Coordinator and Nick
Teague, Water Resources Program Manager.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
John Ashbaugh
Michelle M
Andrew Gaebel
Michael Guiffre
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER MARX, CARRIED 5-0 to approve Consent Calendar Items 5 - 9.
5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
6. MINUTES REVIEW - APRIL 6, 2021 COUNCIL MINUTES
CARRIED 5-0, to approve the minutes of the City Council meeting held on April 6, 2021.
7. AUTHORIZATION TO ADVERTISE LAGUNA LAKE 2021 MAINTENANCE
DREDGING PROJECT, SPECIFICATION NO. 91392
CARRIED 5-0, to:
1. Approve the Project Plans and Special Provisions for the Laguna Lake 2021 Maintenance
Dredging Project; and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager or designee to award the construction contract for the bid total
if the lowest responsible bid is within the publicly disclosed funding amount of $650,000
and the funding amount is consistent with the adopted 2021-23 budget appropriation for
this project.
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8. APPROVAL OF THE FINAL TRACT MAP FOR TRACT 3140, 1137 PEACH STREET
(FMAP-0542-2020)
CARRIED 5-0, to adopt Resolution No. 11241 (2021 Series) entitled “A Resolution of the City
Council of the City of San Luis Obispo, California, approving the Final Map for Tract 3140
(1137 Peach Street, FMAP-0542-2020).”
9. AUTHORIZATION TO INCLUDE THE PROPERTY AT 79 BENTON WAY IN THE
CITY’S INVENTORY OF HISTORIC RESOURCES AS A MASTER LIST
RESOURCE (ELBERT EARLE CHRISTOPHER HOUSE)
CARRIED 5-0, to adopt Resolution No. 11242 (2021 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, adding the property located at 79
Benton Way to the Master List of Historic Resources as “The Elbert Earle Christopher House”
(HIST 0675 2020).”
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
10. 2021-23 FINANCIAL PLAN – STRATEGIC BUDGET DIRECTION AND MAJOR
CITY GOAL WORK PROGRAM REVIEW
Finance Director Brigitte Elke and Principal Budget Analyst Natalie Harnett provided an in -
depth staff report and responded to Council questions.
Public Comments
Amman Asfaw
Marshall James
Kelly Fisher
Jim Dantona
Elle
Tim Jouet
Rylee Terry
Alejandro
Bettina Swigger
David Baldwin
Joshua Medrano
Chelsie Patterson
Rita Cassaverde
Brandon
Montzerrat Morales
---End of Public Comment---
RECESS
Council recessed at 8:35 p.m. and reconvened at 8:50 p.m., with all Council Members present.
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San Luis Obispo City Council Minutes of April 20, 2021 Page 5
By Consensus, the Council provided the following direction and requested that staff come
back on June 1, 2021 with the adjustments to the work plan needed to make the changes:
Economic Recovery
Add $50,000 in support for creating Community Workforce Agreements using the WRRF
as a case study.
Diversity Equity Inclusion (DEI)
Crisis Intervention Training – remove from DEI work program description Increase
amount for feasibility study to $40,000 for Multi-Cultural Center.
The police department will implement new federal and state laws and mandates for police
reform and update its strategic plan to integrate new requirements and return to Council for
a discussion on further integration of the principles of 21st policing and other actions as
determined by the City Council.
Climate Action, Open Space, and Sustainable Transportation
Look into Climate Coalition request
Remove Implementation of Open Space Winter Hours of Use from Climate Action MCG,
into operating with the understanding that work will continue to be directed by Natural
Resources staff.
By Consensus, the Council reviewed the remaining portions of the Strategic Budget Direction
document (Ongoing Community Services, Local Revenue Measure, SOBC’s, CIP and
Enterprise Funds) and had no changes.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
Vice Mayor Stewart reported on the League of California Cities Quarterly Community Services
Policies meeting, and the upcoming CAPSLO meeting is holding an equity summit and
interviewing for a Homeless Services Manager.
Council Member Marx reported on the IWMA meeting and the status of the poly styrene ban.
ADJOURNMENT
The meeting was adjourned at 10:52 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, May 4, 2021 at 6:00 p.m., via teleconference.
APPROVED BY COUNCIL: XX/XX/2021
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Department Name: Public Works
Cost Center: 5201 (Transit)
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Gamaliel Anguiano, Transit Manager
SUBJECT: AUTHORIZE AMENDMENT NUMBER 4 TO THE TRANSIT OPERATIONS
& MAINTENANCE CONTRACT WITH FIRST TRANSIT INC.
RECOMMENDATION
Authorize the Mayor to execute Amendment Number Four to the Transit Operations &
Maintenance Agreement with First Transit Inc. to extend the term until June 30, 2022 at the
agreed upon and negotiated rate to not exceed $2,883,946; as shown in Attachment A.
DISCUSSION
Background
The City of San Luis Obispo operates a fixed-route public transit system within City limits and
the California Polytechnic State University (Cal Poly) campus. Vehicle operations and
maintenance have been outsourced and provided by third-party vendors since the 1990s.
Throughout this time the City has continued to use various vendors/contractors to perform these
duties and often does multi-year contracts with potential one-year extensions as allowed by the
Federal Transit Administration (FTA).
On June 16, 2015, the City Council approved the award of the Transit Operations and
Maintenance contract to First Transit Inc. who was deemed to be the “best in value” vendor of
the seven considered. The recommendation for the award came at the end of a successful
Request for Proposal process where multiple vendors submitted proposals for this work and a
competitive process arrived at the vendor that was deemed most appropriate to conduct the
services. This contract called for a base four -year contract term with the potential for an
additional three extensions in one-year increments. Thus far it has been beneficial for the City to
exercise the first of the three possible extensions. Recommendations for exercising an extension
are based on several factors including vendor performance, market indicators, and strategic
operational benefits.
Per the existing contract there are several key performance indicators (KPIs) with associated
liquidated damages and incentives. These KPIs are designed to gauge the performance of the
vendor. The City has a high standard for the expected level of service and the vendor has
satisfactorily met these standards with improvements in safety, reliability, and on-time
performance. The vendor has also demonstrated to be responsive and adapted to change to
improve transit services offered based upon community needs.
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Another consideration for recommending an extension are market indicators such as competitive
pricing that may be available if a new RFP process were undertaken. This is usually somewhat
offset by the additional costs for completing the RFP process and the lost time due to this
additional work. Current pricing for the SLO Transit services is in line with current industry
standards and the negotiated amounts are consistent with similar contracts.
The negotiated price with the vendor, in a not exceed amount is consistent with the Transit
Fund’s Fiscal Year 2021-22 forecast. With projected federal funds as part of various pandemic
“rescue efforts” there should be sufficient revenue to cover these costs as ridership returns to pre-
pandemic levels.
The extension will also have strategic operational benefits. Staff is currently in negotiations with
Cal Poly University for a new transit service agreement. Additionally, the impacts of
electrification of the fleet will have impacts on operations and having a better understanding of
the same before issuing an RFP will be important.
Previous Council or Advisory Body Action
City Council has previously approved exercising other contract amendments including exercising
the first of three possible extensions.
• On June 16, 2015, the City entered into an Agreement with Vendor for Transit
Operations & Maintenance.
• On April 5, 2018, the City and Contractor entered into an Amendment to Agreement No.
1, amending the scope of services to reflect changes in Revenue Service Hours as a result
of the implementation of Short-Range Transit Plan.
• On January 8, 2019, the City and Vendor entered into an Amendment to Agreement No.
2, amending the scope of services to reflect the pass-thru purchase of an Automatic
Vehicle Location System.
• On March 3, 2020 the City exercise the first of three possible extensions Amendment to
Agreement No. 3 of the 2016 Transit Operations & Maintenance contract with First
Transit Inc.
Policy Context
The City’ adopted Financial Management Manual states that contract’s greater than $100,000
fall under the purview of City Council for approval (page 46).
Public Engagement
At the May 4, 2021 City Council meeting, the public will have the opportunity to provide comment
as part of the item. The public will also have an opportunity to submit letters or speak during Publi c
Comment for this agenda item.
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. 15 378.
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FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
Transit Fund $576,790
State $1,153,578
Federal $1,153,578
Fees
Other:
Total $2,883,946
At First Transit Inc.’s request to the City, negotiations commenced in the Fall of 2020.
Negotiations have brought down the initial request from a 7% increase to 3% for FY 2021-22.
The additional costs requested by First Transit are largely attributable to the increased cost for
maintaining an older fleet with 50% of the vehicles past their federally approved “useful -life”,
the State mandated increase to minimum wages, increased costs for drivers’ wages, and
increased cost for insurance. The total contract value of $2,883,946, is in line with the projected
FY 2021-22 costs and revenue projections.
ALTERNATIVES
Deny the extension request and direct staff to go out to bid. This not recommended as any new
long-term contract will take a significant work effort at this time and may not result in any cost
savings and likely cannot be completed in a time for fiscal year end.
Attachments:
a - First Transit Amendment to Agreement No. 4 to Extend Contract
b - COUNCIL READING FILE - First Transit Operation Contract - June 2016
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AMENDMENT TO AGREEMENT NO. 4
THIS AMENDMENT TO AGREEMENT is made this _______ day of ________, 2021, by and
between the CITY OF SAN LUIS OBISPO a municipal corporation and charter city, hereinafter referred to
as “CITY” and FIRST TRANSIT INC., hereinafter referred to as “CONTRACTOR.”
WITNESSETH:
WHEREAS, on June 16, 2015, the City entered into an Agreement with Contractor for Transit
Operations & Maintenance (Agreement); and,
WHEREAS, on April 5, 2018, the City and Contractor entered into an Amendment to Agreement
No. 1, amending the scope of services to reflect changes in Revenue Service Hours as a result of the
implementation of Short-Range Transit Plan; and
WHEREAS, on January 8, 2019, the City and Contractor entered into an Amendment to Agreement
No. 2, amending the scope of services to reflect the pass-thru purchase of an Automatic Vehicle Location
System; and
WHEREAS, on March 3, 2020, the City and Contractor entered into an Amendment to Agreement
No. 3, to exercise the first of three possible extensions provisioned within the original contract at a
negotiated price; and
WHEREAS, the Agreement’s term is set to expire on June 30, 2021 and the City desires to exercise
a second one-year contract extension option as indicated in the Agreement’s Section 2.c.; and
WHEREAS, the Agreement requires the City and Contractor to negotiate the price formulas for the
one-year contract extension;
WHEREAS, the Contractor has submitted a proposal for this purpose and said proposal is
acceptable to the City. Attached hereto as attachment A is a copy of the Contractor’s Proposal.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM OF AGREEMENT
Term. Subject to the terms and conditions of this agreement, the term of this agreement shall be from July
1, 2021 through and including June 30, 2022.
2. MAXIMUM OBLIGATION
City agrees to pay Contractor in consideration for its services as described herein.
The maximum cost to be paid by City to Contractor shall not exceed $_$2,883,946 _ based on services in
Agreement’s Exhibit A.
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3. PRICE FORMULA
City agrees to pay Contractor for performance of the services set forth in this agreement as follows:
a. Payment of a fixed hourly rate per vehicle service hour of $_38.92_ in Year One;
A vehicle service hour is defined as on vehicle providing passenger service for one hour during the service
hours specified herein. A vehicle service hour shall be deemed to have commenced when a vehicle leaves
CITY’s Transit Center (located at 990 Palm Street) to provide the services required herein and shall not
include any out-of-service vehicle time used for vehicle operator breaks or lunches. A vehicle service hour
shall terminate when a vehicle returns to CITY Transit Center prior to any cleaning, servicing or fueling of
the vehicle. The hourly rate shall include vehicle operator wages, fringe benefits, indirect labor and all
consumable material costs that can be tracked by vehicle service hour such as vehicle maintenance parts and
supplies including oil.
b. Payment of a fixed monthly rate of $_100,201.89__ in Year One; to compensate CONTRACTOR for all
work to be performed under this agreement as defined in Exhibit A, except that which is included under
Paragraph 5(a) and Paragraph 7 of this agreement including, but not limited to: vehicle operator non-service
wages; management, controller and maintenance employee wages and said employees fringe benefits and
indirect labor costs; bus washing and cleaning supplies; uniforms; report reproduction; office supplies;
project telephones; all other related operational costs; and the contract management fee.
c. Payment of a fixed monthly rate of $_11,888.16__ in Year One; for the cost incurred in providing all
vehicle and general liability insurance required under this agreement as such insurance is defined in this
agreement. This amount shall be in excess of the fixed monthly rate as defined herein. CITY reserves the
right, however, to alternatively secure all or part of the specified insurance coverage
4. EXTRA SERVICES
Special promotional and community services shall be considered extra services and will be provided only
with the authorization of City and the mutual consent of the Contractor. Such services shall be defined as
those non-permanent service hours operated outside of the services identified in Exhibit A. Extra services
shall be considered a change to this agreement as defined herein and shall be in excess of the maximum price
defined in Paragraph 4. The costs for extra services will be determined at a rate per vehicle service hours of
$38.92 in Year Four and billed separately from the services specified in the Agreement’s Exhibit A.
5. All other terms and conditions of the Agreement, Amendment No. 1, Amendment No. 2 and
Amendment No. 3 remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and
through their respective officers thereunto duly authorized on the date written below their signatures.
ATTEST: CITY OF SAN LUIS OBISPO
__________________________ By:_________________________
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR:
First Transit Inc.
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By: __________________________
J. Christine Dietrick Fadi Chakbazof
City Attorney Its: Senior Vice President
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Department Name: Administration
Cost Center: 1001
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Georgina Bailey, Cannabis Program Coordinator/Management Fellow
Victoria Tonikian, Acting Assistant to the City Manager
SUBJECT: AUTHORIZE A CONTRACT WITH HDL COMPANIES FOR CANNABIS
PROGRAM SERVICES
RECOMMENDATION
Authorize the City Manager, or their designee, to execute a contract (Attachment A) with HdL
Companies to provide support services for the operations of the City’s Cannabis Business
Program.
DISCUSSION
Following a year of analysis of operator license fees, on January 19, 2021, the City Council
approved Resolution 11213 (Attachment B), updating the commercial cannabis business operator
permit fee for all types of cannabis businesses within the City. The operator permit fee adopted
by City Council captures the total costs involved to ensure the City is 100% reimbursed for the
staff time, consultant fees, and other expenses, which are essential to managing the Cannabis
Program.
Following the approval of Resolution 11213, City staff is recommending using HdL Companies
(HdL) to assist with continuation of the City’s Cannabis Program. Should Council authorize this
contract, HdL will continue to provide cannabis application services and provide new services
related to cannabis operator permits.
Background
Following the passage of the City’s Cannabis Business Tax ballot measure in November 2018,
the City Council approved the fee structure, application criteria and zoning regulations to allow
for cannabis businesses to operate in the City on November 27, 2018. A year after the initial
regulations were adopted, staff returned to the City Council on December 3, 2019 with a
Cannabis Program update. At this meeting, the City Council adopted recommended changes to
the original cannabis application fees, which allowed all operators to pay an initial application
fee and a secondary fee once the contingent operator permit was granted, thu s lowering the initial
application costs. Additionally, staff committed to come back to Council with an analysis of
operator license fees after one full year of operations to collect information on actual time spent
compared to the assumptions used in developing the original fees. Staff brought that analysis to
City Council on January 19, 2021 in the form of a fee study and fee recommendation , which the
City Council adopted.
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As part of the fee study process, the City researched alternative service delivery approaches for
regulatory compliance inspections, cannabis tax audits, and background check renewals for
owners and employees. Through the research, staff determined that the City can provide the
same level and quality of service for some aspects of the program for a reduced cost by utilizing
a consultant for some components of regulatory compliance inspections, cannabis tax audits, and
background check renewals for owners and employees. This approach is consistent with other
cities that have utilized consultants similarly for some aspects of the cannabis program services
such as Grover Beach, Goleta, Port Hueneme, etc.
City staff has since concluded – through a review of consultant services needed, cost, and the
Cannabis Program requirements – that HdL can provide the services desired in accordance with
the City's Cannabis Program regulations and the fees adopted by City Council. HdL has over 30
years of experience providing consulting services to government agencies throughout California
and other states. HdL’s Cannabis Management Program has been used by many agencies in the
State to assist with application proctoring, compliance monitoring, auditing, background checks,
and other consulting services.
Locally, HdL has worked successfully with other agencies’ Cannabis Programs such as Grover
Beach to provide compliance checks and audits. Likewise, HdL has experience working with the
City’s Cannabis Program as they have assisted with two application rounds in which they
proctored the application scoring and assisted with application completeness checks. Outside of
the Cannabis Program, the City’s Finance Department has utilized HdL for multiple years as a
sales tax consultant and has recently partnered with them for Utility User Tax services. It is
therefore staff’s recommendation to enter into a contract with HdL to assist with the City’s
Cannabis Program to provide Operator Permit and Application services.
Scope of Services (Attachment C)
Should the contract with HdL Companies be authorized, the City will utilize HdL for the
following services:
Operator Permit Services:
• Conduct one annual cannabis tax audit of each licensed cannabis business to ensure
proper reporting and remittance of cannabis taxes to the City.
• Conduct four on-site compliance inspections of each licensed cannabis business annually
to ensure ongoing compliance with all state and local laws in conjunction with the Police
Department,
Application Permit Services:
• Screen all initial cannabis business applications for completeness.
• Proctor the City's application review process.
• Provide initial background checks and renewals for all owners, managers and employees
of the City’s commercial cannabis businesses subject to review and approval of the
Police Department.
Additional Cannabis Program Support:
• Provide technical assistance and support for process improvement and program
modification.
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Previous Council or Advisory Body Action
On November 27, 2018, the City Council approved both application and operating license fees
for the Cannabis Business Program.
On December 3, 2019, the City Council approved a change to the cannabis application fees that
allowed all operators to pay an initial application fee and a secondary fee once the contingent
operator permit was granted, thus lowering the initial application fee.
On January 19, 2021, the City Council approved a change to the operator permit renewal fee,
which reduced the fee for all operators and placed all operators on the same fiscal year renewal
cycle.
Policy Context
The recommendation to execute a contract with HdL Companies to support cannabis services is
consistent with overall goals of the Cannabis Business Program and all applicable sections of the
Municipal Code. The adopted cannabis operator permit renewal fees and application fees not
only provide business support and compliance monitoring for cannabis businesses, but consultant
support will also streamline the process administratively for both businesses and City staff.
Public Engagement
The current application and operator permit fee ordinances and resolutions were considered and
adopted by City Council on May 15, 2018, October 16, 2018, November 27, 2018, December 3,
2019 and January 19, 2021. Since that time, staff have been in regular communication with
applicants, business operators and industry representatives receiving feedback on a wide range of
issues related to the implementation of the Cannabis Business Program.
For this item, no public engagement was conducted as this is considered to be an administrative
item. However, extensive public engagement was done prior to City Council’s adoption of the
operator permit renewal fees adopted January 19, 2021, in which cannabis operator permit
holders supported the recommendation to reduce the cannabis operator permit fees based o n the
results of the fee study.
CONCURRENCE
A Steering Committee and Cannabis Team of City staff members including staff from the
departments of Administration, the City Attorney’s Office, Community Development, Finance
and the Police Department supports the action to execute a contract with HdL Companies to
support cannabis services for cannabis operator permits and cannabis application scoring as it
relates to the City’s Cannabis Program.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15 378.
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FISCAL IMPACT
Budgeted: Yes Budget Years: 2021-2023
Funding Identified: Yes
Fiscal Analysis:
Funding Sources
FY 2021-2022
Cost
FY 2022-2023
Cost
Total Project
Cost
General Fund
State
Federal
Community
Development
$52,095 $57,345
Finance $30,000 $48,000
Other:
Total $82,095 $105,345
As a part of the 2021-2023 Financial Plan which will be brought before the City Council on June
1, 2021, staff has included a request for Cannabis Consultant Services for both fiscal years. The
request is for required consultant support of the Cannabis Business Program and will be funded
through either operator permit or application fees.
Due to the fee-for service model and contract, the total work by HdL Companies for the
Cannabis Program could exceed $100,000 in any given fiscal year dependent on the number of
operator permits and applications received. As is consistent with the City’s purchasing policy,
this contract is being brought to the Council for review as it may exceed $100,000 in any given
year.
ALTERNATIVES
1. Do not move forward with the contract with HdL Companies and instead have staff
complete the proposed Scope of Services. This is not advised as the cost for staff to provide
the same Scope of Services would be significantly higher than HdL Companies and the
overall operator permit fee adopted in Resolution 11213. For staff to provide the same Scope
of Services, staff would need to readjust the fees and come back to City Council with a new
fee recommendation as staff cannot provide the full scope of services within the current fee
adopted by City Council January 19, 2021.
2. Do not move forward with the contract with HdL and instead select a different
consultant to complete this work. This is not advised as HdL Companies provides expert
services with experience working within the City of San Luis Obispo’s Cannabis Program at
a rate within the fees adopted by City Council. Likewise, staff is not aware of any vendor,
aside from HdL, that provides the full suite of services needed at the quality of HdL's work
and cost that fits within the fees adopted by the City Council.
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3. Authorize staff to move forward with modified recommendation. Given the nature of the
contract, the City Council could authorize the contract with HdL Companies under the fee-
for-service model but require staff to return to the City Council should contract exceed
$200,000 or any amount deemed appropriate by the City Council in any given fiscal year.
Attachments:
a - Contract with HdL Companies for Cannabis Program Services
b - Resolution No. 11213 (2021 Series) - Master Fee Schedule
c - COUNCIL READING FILE - HdL Scope of Services
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HdL Companies Contract Agreement with City Page 1
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [ ] by and between the
CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Hinderliter, de
Llamas and Associates, hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, the City desires to utilize Consultant to assist the City with cannabis management services,
specifically in the oversight of cannabis operator permits and with ongoing cannabis permit applications; and
WHEREAS, the Consultant will provide the following services: conduct one annual cannabis tax audit of
each licensed cannabis business, conduct four on-site inspections of each licensed business annually, screen all
cannabis business applications to ensure they are complete, proctor the City ’s Application Review process, conduct
background checks and renewals for all owners, managers and employees of the City ’s commercial cannabis
businesses, and provide additional hours of technical assistance and subject matter expertise as needed; and
WHEREAS, the aforementioned services of Consultant are necessary for the continued operation of the
City’s Cannabis Program; and
WHEREAS, the operator permit fees and application fees adopted by the City Council have captured the
total costs involved to ensure the City is 100% reimbursed for the staff time, consultants fees, and other expenses;
and
WHEREAS, Consultant can conduct the full Scope of Services necessary to implement the City's Cannabis
Program, regulations, and the fees adopted by City Council; and
WHEREAS, Consultant is qualified to perform these type of services and has submitted a proposal to do so
which has been accepted by City.
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 the parties terminate this Agreement pursuant to mutual written agreement and
acceptance or completion of said services.
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HdL Companies Contract Agreement with City Page 2
INCORPORATION BY REFERENCE The Consultant’s fees and scope of work are
incorporated in and made a part of this Agreement attached as Exhibit A. The City’s terms and conditions are
hereby incorporated in and made a part of this Agreement as Exhibit B. The City’s insurance requirements
and Consultant’s proof of insurance are hereby incorporated in and made part of this Agreement attached as
Exhibit C. To the extent that there are any conflicts between the Consultant’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.
2.CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay,
and Consultant shall receive therefore compensation for completion of each service for the quoted price per service
as set forth in Exhibit A.
4.CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and Agreements
herein before mentioned to be made and performed by City, Consultant agrees with City to provide services as set
forth in Exhibit A.
5.AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the Department Head or City Manager of the City.
6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral
Agreement, understanding, or representation not reduced to writing and 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.
7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City
Consultant
Community Development Department
City of San Luis Obispo
919 Palm St.
San Luis Obispo, CA 93401
Hinderliter, de Llamas & Associates
120 S. State College Blvd., Ste 200
Brea, CA 92821
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HdL Companies Contract Agreement with City Page 3
8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that
each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
CITY OF SAN LUIS OBISPO, A Municipal Corporation
By:_____________________________________
Michael Codron, Community Development Director
APPROVED AS TO FORM: CONSULTANT
________________________________
City Attorney
By:
_____________________________________ ,
Gary Lott, Chief Operating Officer
Hinderliter de Llamas & Associates
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City of
San Luis Obispo
Cannabis Compliance and Audit Services
March 25, 2021
SUBMITTED BY
HdL Companies
120 S. State College Blvd., Ste 200
Brea, CA 92821
hdlcompanies.com
CONTACT
David McPherson
T: 714.879.5000
E: dmcpherson@hdlcompanies.com
EXHIBIT A
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Proposal for Cannabis Compliance and Audit Services
for the City of San Luis Obispo March 25, 2021
1
TABLE OF CONTENTS
I. LETTER OF TRANSMITTAL ............................................................................. 2
II. PROPOSED SCOPE OF SERVICES ................................................................. 3
III. COST .................................................................................................................. 7
IV. OPTIONAL SERVICES....................................................................................... 8
V. EXPERIENCE AND RESOURCES ....................................................................9
VI. REFERENCES ................................................................................................15
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Proposal for Cannabis Compliance and Audit Services
for the City of San Luis Obispo March 25, 2021
2
I. LETTER OF TRANSMITTAL
March 25, 2021
Greg Herman
Deputy City Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Re: Proposal for Cannabis Compliance and Audit Services
Dear Mr. Herman,
Thank you for the opportunity to submit this proposal for cannabis management services for the
City of San Luis Obispo. The enclosed scope of services is designed to provide annual cannabis
tax audits of each licensed cannabis business, quarterly compliance inspections, screening of
cannabis business applications and proctoring meetings of the City’s review panel, along with
background check renewals and additional hours of technical assistance or subject matter
expertise to be used as needed at the City’s request. All services are offered at a straight per-
unit cost and would be billed on a monthly basis depending on the number of each service
requested and provided.
HdL was incorporated in 1983 and has over 30 years of experience providing revenue
enhancement and consulting services to local governments in California. HdL is a consortium
of three companies established to maximize local government revenues by providing audit,
compliance, economic development, consulting services and software products. Its audit and
consulting services include sales, use and transaction taxes, property taxes, transient occupancy
taxes, and a Cannabis Management Program. HdL’s systematic approach to revenue
management and economic analysis is currently being utilized by over 500 agencies in six states.
The firm currently serves 49 counties, 311 cities and 132 transactions tax districts in California.
Our knowledgeable team of professionals have more than 52 years’ combined experience in the
establishment and implementation of cannabis regulatory programs including establishing land-
use regulations, registration processes, operation regulations for cannabis facilities, staffing
plans, cost recovery, structuring cannabis business taxes and conducting compliance and
financial audits.
We look forward to the opportunity to partner with the City of San Luis Obispo in developing a
strategy which meets your program needs. If you have any questions or require additional
information, please feel free to contact me by email at anickerson@hdlcompanies.com or David
McPherson at dmcpherson@hdlcompanies.com or by phone at 714.879.5000.
Sincerely,
Andy Nickerson
President, HdL Companies
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Proposal for Cannabis Compliance and Audit Services
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II. PROPOSED SCOPE OF SERVICES
In May of 2018, the San Luis Obispo City Council approved an ordinance allowing
commercial cannabis businesses to operate in the City. That ordinance was followed in late
2018 by the development of a cannabis business operator permit process. The first permit
application period opened in January 2019, followed by a second application period in July
of 2019, and two other application periods in January 2020 and June 2020. There are
currently 7 cannabis businesses who have been granted operator permits by the City.
Currently 2 cannabis businesses are operating within the City and the remaining 5 cannabis
business are at various stages in the permitting process.
In May of 2020, the City engaged the services of HdL Companies to review the City’s existing
fee structure to determine the total costs involved in the administration of the Cannabis
Business Program. In addition, HdL was asked to review the application process and merit
criteria to determine how the application process could be streamlined and be more efficient.
As the City’s cannabis program has grown and expanded, so has the need for rigorous
monitoring and oversight of the local industry to verify compliance with all state and local laws
and to ensure that all applicable cannabis taxes are being properly reported and remitted to
the City. To assist with these needs, the City of San Luis Obispo has requested that HdL
develop a proposal to provide the following services:
Conduct one annual cannabis tax audit of each licensed cannabis business to ensure
proper reporting and remittance of cannabis taxes to the City.
Conduct four on-site compliance inspections of each licensed cannabis business
annually to ensure ongoing compliance with all state and local laws.
Screen all cannabis business applications to ensure they are complete.
Proctor the City's Application Review Process
Provide background check renewals of all owners, managers and employees of the
City’s commercial cannabis businesses.
Provide additional hours of technical assistance and subject matter expertise
This proposal provides a fixed unit cost for each of these services, which are described below.
Objective 1: Cannabis Tax Audits
HdL will conduct an annual financial audit to verify the accuracy of revenues reported to the City
during the review period and will recommend a tax assessment should the audit reveal any
unreported revenue. As part of the process, HdL will conduct a risk based analytical review of
the business using the proprietary Cannabis Analytical Tracking Solution (CATS™) program to
ensure there is no diversion of product or cash. Our unique audit approach allows us to identify
if an operator is under-reporting its taxes or diverting product from its facility. HdL audit staff will
also use information gathered as part of the onsite inspection to assist with the financial audit.
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Proposal for Cannabis Compliance and Audit Services
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HdL will help the City prepare a notification letter to send to the business to start the audit. The
letter will contain pertinent information about the audit, including a list of the records requested
and a request for access to the business’ point of sale system. HdL recommends the notification
letter be sent by the City to encourage cooperation from the business and communicate HdL’s
authority to conduct the audit. The audit shall include:
Gross receipts verification
Risk based CATS™ Analytic Review
Inventory review (subject to access to the track and trace system)
POS data entry requirements review
Preparation and issuance of report
Exit conference with the City
HdL will provide a draft audit report to the commercial cannabis business. The business will be
given the appropriate time to respond or appeal the report in accordance with the City ordinance.
HdL will review any documentation provided by the business to dispute the findings and will
adjust the tax assessment as necessary prior to issuing the final report to the City.
The City will inform HdL when a cannabis business receives permission to operate (i.e., through
the issuance of a development agreement, conditional use permit, certificate of occupancy or
other indication the business has opened). HdL will then work with the City to schedule financial
audits and will coordinate with the City as the time for each audit approaches.
Depending upon the corporate structure of each cannabis business and any subdivisions or
subsidiaries, it is possible that some businesses may be subject to multiple audits. For purposes
of this proposal, a business that holds multiple state cannabis licenses shall be considered a
single business provided that all licenses are held and operated under the same name,
ownership and a single tax ID number. Any variation may indicate separate business entities
requiring separate audits. Any such determination would be made on a case-by-case basis in
consultation with the City.
Objective 2: Regulatory Compliance Inspections
HdL will conduct four on-site compliance inspections annually for each licensed cannabis
business to determine compliance with State and/or local laws. If HdL identifies any non-
compliant activities, we will provide the City with a recommended appropriate action to
address the deficiency and to ensure future compliance by the permittee. The cost for these
services includes all of the following:
Notifying permittee of pending inspection
On-site inspection to ensure that each business complies with all State and local
laws and regulatory protocols for all of the following:
o Inventory management
o Cash handling procedures
o Access control
o Video surveillance
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o Alarm system maintenance and safety
o Lock standards
o Packaging and labeling
o Waste management
o Transportation documentation
o Surveillance equipment maintenance
o Occupational badges
o Business records
o Other items as necessary to ensure compliance with laws
Preparation of a draft report detailing the findings of the inspection and providing
recommendations for improvement where needed. If the inspection identifies any
violations of law or other non-compliance issues, then HdL will prepare a notice to
comply as an included part of the report.
All travel costs associated with the inspection
All phone, email and other communications involved in preparing for, scheduling
and coordinating the inspections and providing the report.
As with cannabis tax audits, the number of compliance inspections necessary for each business
will be determined in consultation with the City, based upon the number and type of state
licenses held and operated under the same name, ownership and tax ID number. In addition,
operations at separate locations, addresses, building numbers or premises may be subject to
separate inspections at additional cost, even if under a single ownership.
The cost for this service does not include any follow-up re-inspection or review of any
supplemental documents provided to address or contest any findings of non-compliance, nor
does it include any assistance with the appeal of any enforcement action by the City. Any costs
associated with such additional services would be billed at HdL’s hourly rate.
Objective 3: Initial Screening of Applications for Completeness
HdL staff will conduct an initial screening of all applications for completeness based upon an
objective checklist of required documentation. This initial screening shall allow for some limited
discretion in determining whether submitted documents are substantively complete but shall not
otherwise consider the quality of the submissions.
Applications for competitive licenses that are deemed incomplete will be disqualified and those
applicants will not be allowed to submit any supplemental information. Applications for non-
competitive licenses that are deemed incomplete will be provided an opportunity to submit
supplemental information to complete the application. All applications which have been deemed
complete will move forward for a full review by the City’s review panel.
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Proposal for Cannabis Compliance and Audit Services
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Objective 4: Proctor the City’s Application Review Process
HdL shall provide a subject matter expert who will be available to attend and facilitate the City’s
application review process. The City’s application process includes a review panel that that will
review all of the applications and then meet to score and rank them. HdL’s subject matter expert
shall attend the review panel meeting (or meetings) to proctor or facilitate the process and to
serve as a resource to the review team. HdL staff will not separately review the applications,
nor will HdL recommend scores or ranking for any applications. This service shall be billed at
HdL’s hourly rate, plus travel costs
Objective 5: Supplemental Background Checks
HdL shall provide background checks of all owners, principals, managers and employees of
cannabis businesses as a part of their annual license renewal process. Our supplemental
background process expands upon the State-required Live Scan information by checking the
subject’s social security number and up to 5 variations of their name or aliases against over
200 million databases nationwide.
Our supplemental background checks can identify other factors that local governments may
wish to consider before granting discretionary business licenses or permits, including other
felony offenses, misdemeanor convictions, arrest records, civil judgements, restraining
orders, the terrorist screening database, the national sex offender registry, delinquent child
support payments, bankruptcies, employment and credit records, and more.
HdL offers a reduced rate for annual renewals after the initial background check has been
completed. Our rates include an HdL-designed employee identification badge with the city
logo which meets all State requirements. HdL provides an online portal for applicants to
submit their application, authorization and all necessary documentation.
Prices valid as of the date of this proposal and subject to change without notice.
Objective 6: Provide Subject Matter Expertise & Technical Support
HdL shall provide additional hours of general consulting in the form of subject matter
expertise or technical assistance, to be utilized on an as-needed basis at the City’s request.
Such assistance may include monitoring of changes to State laws and regulations,
community outreach, participation in conference calls, responding to staff inquires via phone
and email, reviewing staff reports to the City Council, assisting with responses to inquiries
from the public, or other issues yet to be determined as requested by the City.
Background Checks Owner, principal
or manager
Employee or line
staff
Initial background check $300 $100
Annual renewal $100 $100
Reissue lost or stolen badge $10 $10
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III. COST
The proposed services are broken down into specific line items in the cost table below. All of
these services are to be provided on an as-needed basis to be billed to the City via invoice.
HdL’s fees are based on time, materials and travel-related expenses associated with the
execution of the services. The hours and costs in the table below do not include any
additional items that are not specifically contemplated by this scope of services.
Prices offered here are valid for 90 days from the date of this proposal to allow time for
consideration and negotiating a service agreement. Once under contract, prices shall be
honored for the initial term of that contract, up to a maximum of 3 years.
Scope of Service Objectives Estimated Cost
Objective 1: Cannabis Tax Audits
Conduct one annual audit of each cannabis business.
$6,000
per audit
Objective 2: Regulatory Compliance Inspections
Assumes 4 inspections per business/per year for an
annual cost of $5,000 per business. Includes travel.
costs.
$1,250
per inspection
Objective 3: Initial Screening of Applications for Completeness $195
per application
Objective 4: Proctor the City’s Application Review Process
To be billed on an hourly basis.
$250
per hour
Objective 5: Supplemental Background Checks
See below
Objective 6: Subject Matter Expertise and Technical Assistance
To be billed on an hourly basis as needed.
$250
per hour
Travel Cost
If and as needed for any overnight travel.
$600
per site visit
Estimate of Total Costs N/A
Background Checks Owner, principal
or manager
Employee or
line staff
Initial background check $300 $100
Annual renewal $100 $100
Reissue lost or stolen badge $10 $10
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IV. OPTIONAL SERVICES
Hourly Rates for HdL Staff
The prices in this proposal are based on the hourly rates for HdL staff as shown in the chart
below. Any additional services requested by the client that are not specifically described in this
proposal would be billed at the standard rate for the assigned staff person.
HdL Staff Title Hourly Rate
David McPherson Compliance Director $250
Matt Eaton Deputy Compliance Director $250
Ajay Kolluri Deputy Audit Director $250
Mark Lovelace Senior Policy Advisor $250
Kami Miller Senior Compliance Inspector $195
Michelle Shaw Compliance Inspector $195
Elizabeth Eumurian Senior Auditor $195
Alfredo Marquez Senior Auditor $195
Odette Mikhail Auditor $195
Mark Brogan Auditor $195
Tao Lu Auditor $195
All rates current as of the date of this proposal
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V. EXPERIENCE AND RESOURCES
Company Profile
Founded in 1983, HdL is a consortium of three companies established to maximize local
government revenues by providing audit, compliance, economic development, consulting
services and software products. Its audit and consulting services include sales, use and
transaction taxes, property taxes, transient occupancy taxes, and a Cannabis Management
Program. The firm also provides a variety of enterprise software processing tools for
business licensing, code enforcement, animal control, building permits and tracking/billing of
false alarms. HdL’s systematic and coordinated approach to revenue management and
economic data analysis is currently being utilized by over 500 agencies in six states. The
firm currently serves 49 counties, 311 cities and 132 transactions tax districts in California.
HdL’s key staff has extensive experience serving local government and many have previously
held positions in city management, finance, planning, economic development or revenue
collection. HdL is a Corporate Partner of the League of California Cities and California State
Association of Counties and works extensively with the County Auditor’s Association of
California, California Society of Municipal Finance Officers (CSMFO) and California
Municipal Revenue and Tax Association (CMRTA) on anticipation and planning of programs
to strengthen local government revenues.
This close understanding of local government needs coupled with extensive databases
and advanced methodology provides for the most relevant, productive and responsive
revenue recovery; forecasting; and economic services available.
Our team of professionals has over 52 years of direct experience establishing and
implementing cannabis regulatory and taxation programs, including establishing land-use
regulations, permit processes, staffing plans, and cost recovery fees; structuring
cannabis business tax fees; regulatory compliance; financial audits; and law enforcement
training. Our team has conducted over 18,000 cannabis compliance inspections and
investigations in California, Colorado and Nevada.
Key Personnel
David McPherson, Compliance Director
David McPherson works with local agencies to prepare them to mitigate regulatory issues
surrounding Proposition 64 and SB 94. Prior to joining HdL, David served 28 years in local
government for the County of Orange and the cities of Newport Beach, San Jose and
Oakland. David’s experience as a law enforcement officer, compliance auditor, and tax
administrator has provided him a wealth of experience that makes him uniquely qualified to
manage HdL’s Cannabis Management Program. While working for the City of Oakland, he
became the first Tax Administrator in the country to successfully tax, regulate and audit
medical marijuana businesses. David has over 10 years of experience working with cannabis
regulatory programs.
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David is one of the state’s most recognized experts in cannabis regulatory policies,
compliance implementation and tax policies. His unique knowledge in horticulture,
processing and dispensary operations while working for the City of Oakland has made him
one of the pioneers in creating a Cannabis Management Program. He uses his experience
to assist local and state agencies in developing cannabis policies for regulation, compliance,
auditing and economic development. He worked closely with the League of Cities on the
development of the Medical Cannabis Regulation and Safety Act (MCRSA) and helped
shape SB 94, the Medicinal Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
David provides technical support on cannabis-related matters to the League of Cities, the
Police Chief’s Association, Rural County Representatives of California and the California
State Association of Counties. In addition, David is working collaboratively with the
Department of Consumers Affairs, Department of Food & Agriculture, Department of Health
Services and the State Board of Equalization on the implementation of best practices for
regulating the cannabis industry for local agencies.
David received his Bachelor’s Degree in History from California State University, Fullerton
and his Master’s Degree in Public Administration from California State University, Long
Beach. While at Long Beach, he was named “Future Urban Administrator of the Year”.
Matt Eaton, Deputy Compliance Director
Matt Eaton is the Deputy Compliance Director at HdL and plays a critical role in implementing
the Cannabis Compliance Program for local agencies. Prior to joining the firm, he was a
progressive law enforcement professional with 30 years’ experience conducting
criminal/regulatory investigations, and corporate/individual background investigations.
While working as a Supervisory Investigator at the Colorado Department of Revenue in the
Marijuana Enforcement Division (MED), Matt managed criminal investigators and civilian
staff in the Denver Metro and Longmont field offices. During his six-year tenure at the MED,
he conducted approximately 10,000 criminal investigations and compliance reviews,
including regulatory and financial investigations. He is a subject matter expert on track and
trace systems and understands the complexity of reviewing data to ensure businesses are
in compliance with state and local regulations. Matt was responsible for planning, developing
and implementing report and field inspection protocols for the agency. He also played an
instrumental role in recommending changes to current regulations and identifying essential
language for new legislation in Colorado. Matt is well known for his ability to maintain working
relationships with cannabis industry leaders and external stakeholders in resolving issues.
Matt received his Bachelor of Science Degree from Biola University and maintained Police
Officer Service Training (POST) certification for over 30 years in California and Colorado. He
has also served as an adjunct instructor teaching law enforcement principle related to
criminology, correctional processes, procedural law, interviews, interrogations and criminal
evidence at AIMS Community College in Greeley, Colorado.
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Ajay Kolluri, Deputy Director of Policy and Audits
Ajay Kolluri is the Deputy Director of Audits and Operations for HdL’s Cannabis Division. Ajay
is responsible for overseeing the cannabis audit team and the daily operations of the division,
which includes special projects such as community outreach, surveys, grant solicitation,
revenue analysis, cost recovery fee studies, contracts, budgeting, and marketing. Ajay
previously served as Program Manager for the Office of Cannabis Oversight (OCO) at City
of Long Beach. Working within the City Manager’s Office, Ajay was responsible for the
licensing, regulation and enforcement of all commercial cannabis activity in the City, with one
of the largest legal cannabis markets in the state. During his tenure with the OCO, Ajay
oversaw the issuance over 200 cannabis business licenses, generating over $10 million in
annual revenue for the City. Ajay has experience in all aspects of cannabis oversight,
including public health and education, planning and zoning, building inspections,
enforcement, social equity, fee development, economic analysis and revenue projections.
Prior to overseeing the OCO, Ajay worked in public finance, serving as Budget Analyst for
the Department of Financial Management in the City of Long Beach. Ajay holds a Bachelor’s
degree in business economics from the University of California, Santa Barbara, and a
Master’s degree in public policy from the University of Michigan.
Mark Lovelace, Senior Policy Advisor
Mark Lovelace has 16 years of broad experience in public policy, community engagement
and advocacy and is recognized as a leader in advancing the statewide discussion of medical
and recreational cannabis as a policy issue in California.
Mark served on the Humboldt County Board of Supervisors from 2009 through 2016 where
he was instrumental in developing a comprehensive approach to regulating cannabis,
including a voter-approved tax on commercial cultivation and an innovative track and trace
pilot program. Mark established and co-chaired the Medical Marijuana Working Group for
the California State Association of Counties (CSAC) and helped draft CSAC’s legislative
platform for cannabis issues. Mark pioneered the first regional summit on cannabis issues
in 2015 which helped guide the development of SB 643 and AB 243, two components of the
Medical Cannabis Regulation and Safety Act (MCRSA).
Mark has worked extensively with public agencies and statewide associations on cannabis
issues, including CSAC, Rural County Representatives of California, the Association of
California Water Agencies, the North Coast Resource Partnership, California Department of
Fish and Wildlife, the State Water Board, the North Coast Regional Water Board, the Bureau
of Cannabis Control, State legislators, and others. He has led numerous presentations,
workshops and panel discussions on cannabis issues and has been a sought-after speaker
on the topic for government agencies, community organizations and industry groups.
Mark received his Bachelor of Science degree in Industrial Design from San Jose State
University. Prior to his time on the Board, he worked for many years as a respected advocate
on land use, planning, development and environmental issues.
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Kami Miller, Senior Compliance Inspector
Kami Miller is a Senior Compliance Inspector at HdL whose primary role is to ensure
cannabis compliance and identify the risk assessment in the supply chain process of each
permitted business. Prior to joining the firm, she served three years as a Marijuana
Compliance Manager for the Department of Public Behavior and Health (DPBH) for the State
of Nevada. During this time Kami played a key role in Nevada’s implementation of its Medical
Marijuana Program in which she was responsible for statewide monitoring of medical
marijuana facilities that included cultivation, production, testing labs and retail stores.
During her tenure at the DPBH, Kami managed compliance auditors and support staff in the
Las Vegas office. She conducted approximately 1,000 compliance and financial inspections
for which she developed the inspection protocols documentation to create comprehensive
reports. In addition, her experience with various cannabis track and trace systems allowed
her to develop industry supply chain practices for the Department of Taxation.
Kami received her Bachelor of Business Administration in E-Commerce and Supply Chain
Management from Tennessee State University.
Michelle Shaw, Compliance Inspector
Michelle is a Cannabis Compliance Inspector at HdL and is tasked with conducting onsite
inspections, examinations and other actions to monitor compliance with established
standards for local licensed cannabis businesses. Prior to joining HdL, she was a
Compliance Specialist Officer at a large, multinational bank where she managed, validated
and oversaw the effectiveness and accuracy of numerous compliance issues within the
consumer retail space. Throughout her eight years of experience at the bank, she performed
onsite assessments of affiliate businesses to determine compliance/non-compliance of their
processes and procedures pursuant to bank standards and state regulations.
A graduate of Cypress College, Michelle holds a Foundations of Banking Risk certificate from
the Global Association of Risk Professionals and a paralegal certificate from the Southern
California College of Business and Law.
Alfredo Marquez, Senior Auditor
Alfredo Marquez is a Senior Auditor at HdL. His primary role is to conduct cannabis tax audits.
Alfredo previously worked for a publicly traded corporation as a Senior Internal Auditor where
he performed risk assessments of new business acquisitions, financial and Sarbanes & Oxley
audits. He also conducted compliance audits in the areas of commercial and government
contracts, export and import activities, and general information technology controls. In these
roles he worked with employees at various levels within the organization across North
America, Latin America, Europe, and Asia in order to meet organizational objectives. Alfredo
has recently done work for the Cities of Cotati, Cloverdale, Desert Hot Springs, Perris, Port
Hueneme, and Vallejo. He earned his Bachelor’s degree in Accounting from the University
of La Verne.
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Elizabeth Eumurian, Senior Auditor
Elizabeth Eumurian is a Senior Auditor at HdL. Her primary role is to conduct financial audits,
evaluate cannabis applications and conduct background checks. As part of the audit program,
she will be conducting and preparing analytical information through the CATS™ program to
prepare Tax Analytical Remittance Reports (TARR) summaries to evaluate under reporting or
anomalies in the remittance of tax payments to local jurisdictions.
Elizabeth previously worked as a senior auditor in the entertainment industry. In this role, she
executed testing procedures for targeted audit programs, analyzed findings and prepared
audit and compliance reports. She also has experience working for a large financial institution
analyzing data for reporting anomalies and performing internal audits. Elizabeth has recently
done work for Blythe, California City, Coachella, Cotati, Desert Hot Springs, Long Beach,
Mammoth Lakes, Moreno Valley, Perris, San Bernardino, and Vallejo.
Elizabeth earned her Bachelor of Arts degree in History from California State University and
holds a certificate in CannaBusiness from Oaksterdam University.
Odette Mikhail, Auditor
Odette Mikhail is an Auditor at HdL. Her primary role is to conduct financial audits. Odette
previously worked as a senior auditor at public accounting firms. In this role, she executed
testing procedures for audit and review engagements, identified accounting issues, reviewed
internal controls, and prepared financial reports and statements. Odette earned her Bachelor
of Science degree in Accounting and Business Administration from Ain Shams University in
Cairo, Egypt.
Tao Lu, Auditor
Tao Lu works as an Auditor for HdL’s Cannabis Management Team. Tao has two and a half
years’ experience as an accountant with an emphasis in information technology and food
manufacturing industries. He also has public audit work experience at RSM China.
Tao was born and raised in China. He earned a Bachelor’s Degree in Accounting and
Finance from Syracuse University in New York before relocating to Southern California with
his family.
Mark Brogan, Auditor
Mark Brogan works as an Auditor for HdL’s Cannabis Management Team. Mark previously
worked for the City of San Jose as a Financial Analyst and later as a Supervisor in the
Revenue Management Division of the City’s Department of Finance. Mark also worked in
the City’s Housing Department prior to his time with the Department of Finance.
Mark holds a Bachelor’s Degree in Business Administration from San Jose State University,
with a minor in Economics. Mark is also an accomplished triathlete and has successfully
completed numerous marathons and Iron Man competitions.
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VI. REFERENCES
City of Port Hueneme
Tony Stewart
Director of Community Development
Phone: 805.986.6520
Email: tstewart@cityofporthueneme.org
City of Maywood
Jennifer Vasquez
City Manager
Phone: 323.562.5721
Email: jennifer.vasquez@cityofmaywood.org
City of King City
Steve Adams
City Manager
Phone: 831.386.5917
Email: sadams@kingcity.com
City of Goleta
Luke Rioux
Finance Director
Phone: 805.562.5508
Email: lrioux@cityofgoleta.org
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1.Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of the City’s Request for Proposal referenced in
paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing
between the parties. If the Agreement is entered into outside of a Request for Proposal,
Contractor shall provide proof of insurance in the form of coverages and amounts specified in
Exhibit C.
2.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.
3.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.
4.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.
5.Payment of Taxes. The contract prices shall include full compensation for all taxes that
the Contractor is required to pay.
6.Permits and Licenses. The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary.
7.Safety Provisions. The Contractor shall conform to the rules and regulations pertaining
to safety established by OSHA and the California Division of Industrial Safety.
8.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.
9.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.
10.Immigration Act of 1986. The Contractor warrants on behalf of itself and all
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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.
11. 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.
12. 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.
13. 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).
14. 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.
15. 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.
16. 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.
17. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by
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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, 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
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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.
18.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.
19.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.
20.Termination. If, during the term of the contract, the City determines that the Contractor
is not faithfully abiding by any term or condition contained herein, the City may notify the
Contractor in writing of such defect or failure to perform. This notice must give the Contractor a
10 (ten) calendar day notice of time thereafter in which to perform said work or cure the
deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Contractor’s surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the terminations
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City’s Notice of
Termination, minus any offset from such payment representing the City’s damages from such
breach. “Reasonable value” includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
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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.
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Exhibit C – Insurance
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies 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 Consultant; products
and completed operations of the Consultant; premises owned, occupied or used by the
Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
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suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30)days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of
no less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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R 11213
RESOLUTION NO. 11213 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING THE CITY’S MASTER FEE
SCHEDULE WITH UPDATED USER AND REGULATORY FEES FOR
VARIOUS COMMERCIAL CANNABIS BUSINESS ACTIVITIES
WHEREAS, it is the City’s policy (User Fee Recovery Goals - Financial Plan Section H)
to assess service charges based on specific policies for cost recovery of services provided; and
WHEREAS, on May 15, 2018, the City Council adopted Ordinance No. 1647 ( 2018
Series) establishing a comprehensive regulatory program for the evaluation and permitting of
commercial cannabis business operations within the City; and
WHEREAS, on November 27, 2018, the City Council adopted Resolution 10965 (2018
Series) which updated the City’s Master Fee Schedule to include the one-time application fees and
yearly license renewal fees; and
WHEREAS, on December 2, 2019, the City Council adopted Resolution 11066 (2019
Series) which updated the City’s Master Fee Schedule that updated the one-time cannabis
application fee for all types of cannabis businesses permitted within the City; and
WHEREAS, Section 9.10.050 of the Municipal Code says that the City Council shall
adopt fees necessary to implement the regulations in relation to Commercial Cannabis Operator
Permits; and
WHEREAS, the City has contracted with a consultant, HdL, to prepare a fee study for the
purpose of identifying appropriate fees to assess for various activities associated with
implementing and overseeing the City’s cannabis regulations for each business in the City of San
Luis Obispo; and
WHEREAS, the City has completed one full year of operations to collect information on
actual time spent compared to the initial cannabis yearly license renewal fees City Council adopted
through Resolution 10965 (2018 Series), upon which staff has concluded it necessary to adjust the
yearly license renewal fees for all types of cannabis businesses permitted within the City; and
WHEREAS, public outreach was conducted through outreach by staff members to
cannabis businesses impacted by the newly proposed fees and through publication of the proposed
fee schedule on the City’s website in advance of the City Council’s consideration of the newly
proposed fees; and
WHEREAS, on November 27, 2018, the City Council adopted a fee schedule; and
WHEREAS, on December 3, 2019 City Council adopted an updated fee schedule; and
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Resolution No. 11213 (2021 Series) Page 2
R 11213
WHEREAS, on January 19, 2021 the City Council held a public hearing to review and
discuss the updated proposed fee schedule, receive public input, and consider the
recommendations of its staff.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council makes the following findings:
1. That the above recitals are true and correct.
2. That the proposed user and regulatory fees are consistent with the City’s cost recovery
goals (Financial Plan Section H), and that the established fees do not exceed the
estimated reasonable cost of providing the service or performing the activity for which
the fee is imposed.
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Resolution No. 11213 (2021 Series) Page 3
R 11213
SECTION 2. Action. The City Council takes the following actions:
1. The City’ s Master Fee Schedule is hereby amended to include updated user and
regulatory fees for cannabis business operator applications and annual operator permit
licenses as provided in Exhibit A attached hereto.
2. The City will reimburse operators through the Finance Department who have already
paid their 2020-2021 yearly license renewal fees the difference of what the operators
paid based on the City’s 2020-2021 Master Fees and the newly proposed fees in Exhibit
A attached hereto.
3. This resolution supersedes Resolution 11066 (2019 Series) to the extent inconsistent
herewith.
Upon motion of Council Member Christianson, seconded by Council Member Pease, and
on the following roll call vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of January 2021.
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ___________________________.
Teresa Purrington, City Clerk
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Resolution No. 11213 (2021 Series) Page 4
R 11213
EXHIBIT A
CITY OF SAN LUIS OBISPO
Cannabis Fee Schedule
One Time Application Fees
All Commercial Cannabis Business Applicants:
Initial Application Fee $5,087.79
Final Application Fee when permit issues $18,797.63
Total One Time Application Fees $23,885.55
Yearly License Renewal Fees
All types of Cannabis Businesses permitted within the City $39,638.38
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Department Name: Community Development
Cost Center: 4008
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Cara Vereschagin, Housing Coordinator
SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR A
CONSULTANT TO SERVE AS THE CITY’S BELOW MARKET RATE
(BMR) HOUSING PROGRAM ADMINISTRATOR
RECOMMENDATION
1. Authorize the issuance of a Request for Proposals (RFP) for a Below Market Rate (BMR)
Program Administrator (Attachment A); and
2. Authorize the City Manager to enter into a consultant services agreement if proposals are
received within the available budget of $117,000 annually for the project.
DISCUSSION
Below Market Rate Program History and Portfolio
The City’s first Inclusionary Housing Ordinance was adopted in 1999 and since that time, the
City has made great strides in ensuring that a percentage of all new housing units are affordable
to income-eligible households, defined as extremely low, very-low, low, and moderate income.
These homes remain at Below Market Rate (BMR) prices for the required term through deed-
restrictions, covenants, and affordability agreements. Over the past several years, the City's
BMR portfolio has grown substantially, and staff has determined that the best way to effectively
accomplish the management and administration of BMR housing going forward is through a
consultant. As a result, staff is recommending issuance of an RFP to solicit outside consultant
expertise to oversee BMR housing administration, including ownership and rental units, and
administration of the City’s First-Time Homebuyer Loan program.
1. BMR Ownership Units
There are approximately 73 BMR homeownership units within the City’s portfolio. The
most recent additions are five moderate-income units within the South Morros neighborhood,
of which three have sold in the past eight months and the other two are expected to sell by
the end of summer. These units are restricted through provisions included in the Deed of
Trust, Promissory Note, and Resale Restriction Agreement that are recorded on title of each
property when it is sold. These documents, among other items, dictate the sale/resale
process, the allowable sales price, income qualifications of subsequent buyers, refinancing
provisions, and repayment requirements due upon sale or default.
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Management of these units by a BMR Administrator under contract with the City is expected
to provide a higher level of service to homeowners and potential homeowners under the
program. Currently, the City has one staff member who has the training and knowledge to
assist with these complex real estate transactions, while simultaneously engaging in other
housing programs, including the Housing Major City Goal workplan, Housing Element
programs, and coordination of new affordable housing development and financing. The use
of a consultant to perform this work will ensure timely processing of purchase and sale
agreements, refinancing, subordination agreements, and other time sensitive work.
2. BMR Rental Units
The City has approximately 106 affordable rental units scattered throughout the City. These
units are located within market-rate projects and require close oversight since they are not
normally managed by an experienced affordable housing administrator/provider. These units
are typically built by private developers, consistent with the Inclusionary Housing Ordinance,
and are secured as affordable through deed-restrictions (or affordability
covenants/agreements) entered into by the City and the project owners. The units subject to
these agreements are proposed to be managed by the BMR Administrator.
The City also has a healthy inventory of rental units managed by non-profit housing agencies
(i.e., HASLO, Peoples’ Self-Help Housing, etc.), which were partially developed by City
financing mechanisms (i.e., the Affordable Housing Fund, Community Development Block
Grants, Impact Fee Deferral loans). These units are within complexes that are 100%
affordable due to tax credit and/or other subsequent federal, state, and local requirements,
and thus have multiple deed-restrictions recorded on title of the properties due to the criteria
stipulated by those various funding sources. Because these units are managed by
experienced affordable housing administrators, the City is not proposing to have the
proposed BMR Administrator manage these units—compliance monitoring and coordination
with non-profit partners that manage these projects will stay within the scope of work of City
staff.
3. First-Time Homebuyer/BEGIN Program Loans
The City also has various first-time homebuyer assistance loans utilizing the State grant
BEGIN Program and City Affordable Housing Fund dollars. Currently, there are 11 active
loans and approximately $200,000 available for issuance. Funds are issued as 30-year loans,
that are executed via a Promissory Note, evidenced by a Deed of Trust that is recorded on
title of the property purchased. Repayment is due upon sale, may be made at the request of
the homeowner, or is due upon completion of the loan term. The BMR Administrator will
monitor existing loans and improve City marketing of the program to make additional loans
within the City’s balance of available funding.
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Anticipated Scope of Services for BMR Program Administrator:
The RFP solicits the services of a BMR program administrator to oversee the administration of
the City’s BMR ownership and rental units, as well as the First-Time Homebuyer Loan program.
It is anticipated that the BMR administrator will be responsible for the following:
1. BMR Program Administration Setup
a. Review, update (if necessary), and transfer the City’s existing BMR Interest List database
to consultant administration which will be owned by the City.
b. Review and organize San Luis Obispo BMR homeowner files, loan files, and the City’s
existing digital inventory and create a system for ongoing administration and monitoring.
c. Review existing BMR Agreement templates and suggest modifications that are in line
with industry best practices.
d. Update existing flow charts and protocols for BMR home transfers, loan
payoff/subordination, default remedies, and other processes associated with BMR
ownership transactions.
e. Review and develop recommendations to establish new City impact fees associated with
costs of BMR Program transactions.
f. Update City Affordable Housing webpage with content and information pertaining to
updated/amended policies and procedures for the BMR Program, online application
forms and other relevant information.
2. BMR Program Administration
a. BMR Inquiries (ongoing): The BMR Administrator will be responsible for handling
calls, emails, and in-person inquiries from current housing portfolio loan holders and
respond in a timely manner.
b. BMR Eligibility and Interest List (ongoing): The BMR Administrator will maintain a
list of qualified buyers and interested prospective buyers.
c. BMR Program Reports: The BMR Administrator will provide semi-annual updates to
staff and the City Council on the general status of the BMR program administration,
including:
i. General Program activity (e.g., BMR inquiries)
ii. BMR compliance. See item #3
iii. Loan activity. See item #4
iv. Current inventory of affordable units (subject to formal Agreement with the City)
v. Other information as needed for mandated State reporting
3. Annual BMR Compliance Monitoring
a. Documentation: Administrator will administer the program and assure Affordability
Deed Restrictions are recorded and followed by all parties as applicable for each
property.
b. BMR Homeowner Certification: The BMR Administrator will coordinate with
homeowners on an annual basis to certify that the original buyer continues to comply
with the signed BMR Agreement including living in the BMR home as their principal
residence. The BMR Administrator will work with the City to remedy potential BMR
defaults in accordance with the BMR Agreement.
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c. BMR Renter Certification: The BMR Administrator will coordinate with property
managers, tenants, and the Housing Authority of San Luis Obispo (HASLO) on an annual
basis to certify that all BMR units are occupied by renters who continue to meet income
requirements. The BMR Administrator will also ensure that the appropriate rent and
utilities are being charged given annual updates to the City’s Affordable Housing
Standards, based on State income limits for our area.
4. Existing Loan Administration
a. The BMR Administrator will maintain an updated database, to be owned by the City, of
all first-time-homebuyer and other housing loans (borrower name and address, loan
amount, interest rate, loan term, loan distribution date and due date). This database will
also include principal and interest received for loans that have been paid off, as well as
any principal written off as a result of foreclosure or other default.
b. The BMR Administrator will monitor existing first-time-homebuyer and other housing
loans annually to ensure that the borrower remains in compliance with the loan
agreement (e.g., current homeowner insurance, original buyer continues to reside on
property). In case of default, the BMR Administrator will contact the owner and work
with the City to see that the loan is repaid.
c. The BMR Administrator will work with the City to process all paperwork and legal
recordings required when first-time homebuyer loans and other housing loans are paid off
or refinanced (as needed basis).
5. BMR Home Sales/Resales (as needed basis)
a. BMR Marketing: The BMR Administrator will work with each Developer and/or the
City to market the availability of new and resale BMR homes to eligible households who
have expressed interest in the BMR program. BMR Administrator will also be
responsible ensuring developers’ compliance with sale provisions dictated in recorded
Development Agreements (i.e. San Luis Ranch and Avila Ranch) and Affordable
Housing Agreements. This task will include providing marketing materials in both
English and Spanish to City staff for the City’s website.
b. Interest Rates, Homeowner’s Association Fees, and Sales Price: Upon request, the
BMR Administrator will supply the City with current mortgage interest rates and other
information necessary to amend (if necessary) sales prices and/or interest rates of new
BMR homes and existing BMR homes being offered for resale.
c. Homeowner Eligibility: The BMR Administrator will submit the data on each eligible
applicant to the City for approval prior to formalizing any Agreement.
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6. BMR Programs: The BMR Administrator will work with City staff to recommend, develop
and implement programs. City Council will approve any new programs under this task.
a. Administrator will regularly update program guidelines and program materials in
conjunction with City staff to reflect the Administrator’s administrative process for
Program Administration including, but not limited to: applications, program pamphlets,
rent & resale calculations (i.e. Affordable Housing Standards), selection processes,
vacancies, sale and resale of units, refinancing requests, collection of Agency fees and
other applicable fees, and default monitoring/resolution process. Administrator’s
objective will be to work alongside Agency Staff to incorporate “learnings” from the
team’s collective history with housing affordability programs in California.
Next Steps
If approved, the RFP will be published on the City’s website and distributed to consultants
experienced in administering BMR Programs on behalf of local governments. After the
submission date has closed, staff will review proposals received and interview consultants, to
ultimately transfer the administration of the City’s BMR Portfolio. Contract award will occur
after July 1 if the budget for the proposed consultant services is approved as part of the 2021 -23
Financial Plan. Timing to get a BMR Administrator onboard this summer is critical, as staff
anticipating having little availability this fall amidst “grant season” and the Inclusionary Housing
policy update work effort will be underway.
Policy Context
The activity to consider outside consultant services to administer the City’s BMR Program is
currently identified in the 2021-23 Financial Plan and related Housing and Homelessness Major
City Goal workplan.
Public Engagement
Staff will notice the RFP release in alignment with proper procedures for public bidding as
mandated in the Municipal Code and Public Engagement Manual. Staff will also circulate the
notice to interested parties and publish the notice to various digital media channels.
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 Years: 2021-2023
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other: Local Revenue
Measure G-20
$117,000 $234,00
Total $117,000 $234,000
The activity to consider outside consultant services to administer the City’s BMR Program is
currently identified in the 2021-2023 Financial Plan, under Significant Operating Program
Change (SOPC) – Housing and Homelessness Major City Goal (Consultant Contract) and
$117,000 has been estimated annually for this effort.
ALTERNATIVES
1. Provide different direction to staff. The City Council can provide additional or different
direction to staff regarding the scope of work, based on the identified issues and
considerations, and continue authorization of the RFP.
2. Continue this item. Continue the discussion regarding the authorization of the RFP and
provide staff direction on additional needed or necessary changes.
Attachments:
a - DRAFT Below Market Rate Program Administrator Request for Proposals
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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 Below Market Rate Program Administrator
Spec. No. SLO-BMR-2021
The City of San Luis Obispo is requesting sealed proposals for a Below Market Rate (BMR) Housing
Program Administrator over a 2-year term (with an option to extend for another 2 years). All proposals
must be received by the Department of Finance (990 Palm Street) by 3:00 p.m. on June 4, 2021.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will
be required to complete a free registration proposal using BidSync (https://www.bidsync.com/bidsync-
app-web/vendor/register/Login.xhtml).
All proposals must be received via BidSync by the Department of Finance at or before June 4, 2021, when
they will be opened electronically in BidSync.
Proposals received after said time may not be considered. The preferred method of submission is
electronically via BidSync, but 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.
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. [Pre-proposal conferences are optional but should
be included in the notice if one is held]
May 26, 2021 at 1:00 p.m.
Via Teleconference
Teleconferencing details TBD
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com.
Please contact Dan Clancy at dclancy@slocity.org with any questions. For technical issues with BidSync,
please contact BidSync customer help at [800-990-9339]
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TABLE OF CONTENTS
A. INTRODUCTION ............................................................................................................................... 1
B. SCOPE OF WORK ............................................................................................................................. 2
C. PROJECT SCHEDULE ......................................................................................................................... 4
D. PROJECT BUDGET ............................................................................................................................ 4
E. GENERAL TERMS AND CONDITIONS ................................................................................................ 4
F. CONTRACT AWARD AND EXECUTION .............................................................................................. 5
G. CONTRACT PERFORMANCE ............................................................................................................. 6
H. SPECIAL TERMS AND CONDITIONS .................................................................................................. 9
I. PROPOSAL CONTENT ..................................................................................................................... 11
J. PROPOSAL REVIEW ....................................................................................................................... 13
K. FORM OF AGREEMENT .................................................................................................................. 15
L. INSURANCE REQUIREMENTS ......................................................................................................... 17
M. PROPOSAL SUBMITTAL FORM – SAMPLE .................................................................................. 18
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Page | 1
A. INTRODUCTION
The City’s first Inclusionary Housing Ordinance was adopted in 1999 and since that time, the City has made
great strides in ensuring that a percentage of all new housing units are affordable to income-eligible
households, defined as extremely-low, very-low, low, and moderate income. These homes are insured to
remain at prices “below the market rate (BMR)” through deed-restrictions, covenants, and affordability
agreements. Over the past several years, the City's BMR Portfolio has grown substantially, and staff is
experiencing that they do not have the capacity nor resources to effectively accomplish the management
and administration of this effort moving forward, especially given the high volume of affordable housing
development on the horizon, estimated to be approximately 160 units. It is for those reasons the City of
San Luis Obispo is soliciting outside consultant expertise to oversee the administration of this program for
BMR ownership and rental units, as well as the First-Time Homebuyer Loan program.
BMR Ownership Units
There are approximately 73 BRM homeownership units within the City’s Inclusionary Housing Portfolio.
The most recent additions are 5 units within the South Morros neighborhood, of which 3 have sold in
the past eight months and the other 2 are expected to sell by the end of summer. These units are
restricted with a mix of Deeds of Trust, Promissory Notes, and Resale Restriction Agreements that are
recorded on title of the properties. These documents, among other items, dictate the sale/resale
process, the allowable sales price, income qualifications of subsequent buyers, refinancing provisions,
and repayment requirements due upon sale or default.
BMR Rental Units
The City has approximately 106 affordable rental units scattered throughout the City in majority market-
rate complexes. These units were built consistent with the Inclusionary Housing Ordinance and are
secured affordable through deed-restrictions (or affordability covenants/agreements) entered into by
the City and the owners of the overall development. The units subject to these agreements are
proposed to be managed by the BMR Administrator Consultant.
The City also has a healthy inventory of rental units managed by non-profit housing agencies (i.e. HASLO,
Peoples’ Self-Help Housing, etc.), which were partially developed by City financing mechanisms (i.e. the
Affordable Housing Fund, Community Development Block Grants, Impact Fee Deferral loans). These
units are within complexes that are 100% affordable due to tax credit and/or other subsequent federal,
state, and local requirements, and thus have multiple deed-restrictions recorded on title of the
properties due to the criteria stipulated by those various funding sources. Because of the complexity of
these compliance requirements, the City is not proposing to have the BMR Administrator Consultant
manage these units and will stay within staff’s purview to monitor.
First-Time Homebuyer/BEGIN Program Loans
The City also has various first-time homebuyer assistance loans utilizing the State grant BEGIN Program
and City Affordable Housing Fund dollars. Currently, there are 11 active loans and approximately
$200,000 available for issuance. Funds are issued as 30-year loans, that are executed via a Promissory
Note, evidenced by a Deed of Trust that are recorded on title of the property purchased, which are due
upon sale or at the request of the homeowner. The City anticipates the BMR Administrator Consultant
will be able to monitor and market these loans given their anticipated expertise in loan management.
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Page | 2
B. SCOPE OF WORK
The subject RFP solicits the services of a BMR Program Administrator consultant to oversee the
administration of the City’s BMR ownership and rental units, as well as the First-Time Homebuyer Loan
program. It is anticipated that administrator will be responsible for the following:
1. BMR Program Administration Setup
a. Review, update (if necessary), and transfer the City’s existing BMR Interest List database to
consultant administration which will be owned by the City.
b. Review and organize San Luis Obispo BMR homeowner files, loan files, and the City’s existing
digital inventory and create a system for ongoing administration and monitoring.
c. Review existing BMR Agreement templates and suggest modifications that are in line with
industry best practices.
d. Update existing flow charts and protocols for BMR home transfers, loan payoff/subordination,
default remedies, and other processes associated with BMR ownership transactions.
e. Review and develop recommendations to establish new City impact fees associated with costs of
BMR Program transactions.
f. Update City Affordable Housing webpage with content and information pertaining to
updated/amended policies and procedures for the BMR program, online application forms and
other relevant information.
2. BMR Program Administration
a. BMR Inquiries (ongoing): The BMR Administrator will be responsible for handling calls, emails,
and in-person inquiries from current housing portfolio loan holders and respond in a timely
manner.
b. BMR Eligibility and Interest List (ongoing): The BMR Administrator will maintain a list of
qualified buyers and interested prospective buyers.
c. BMR Program Reports: The BMR Administrator will provide semi-annual updates to staff and
the City Council on the general status of the BMR program administration, including:
i. General Program activity (e.g., BMR inquiries)
ii. BMR compliance. See item #3
iii. Loan activity. See item #4
iv. Current inventory of affordable units (subject to formal Agreement with the City)vii. Other
information as needed for State reporting
3. Annual BMR Compliance Monitoring
a. Documentation: Administrator will administer the program and assure Affordability Deed
Restrictions are recorded and followed by all parties as applicable for each property.
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b. BMR Homeowner Certification: The BMR Administrator will coordinate with homeowners on an
annual basis to certify that the original buyer continues to comply with the signed BMR
Agreement including living in the BMR home as their principal residence. The BMR
Administrator will work with the City to remedy potential BMR defaults in accordance with the
BMR Agreement.
c. BMR Renter Certification: The BMR Administrator will coordinate with property managers,
tenants, and the Housing Authority of San Luis Obispo (HASLO) on an annual basis to certify that
all BMR units are occupied by renters who continue to meet income requirements. The BMR
Administrator will also ensure that the appropriate rent and utilities are being charged given
annual updates to the City’s Affordable Housing Standards, based on HUD income limits.
4. Existing Loan Administration
a. The BMR Administrator will maintain an updated database, to be owned by the City, of all first-
time-homebuyer and other housing loans (borrower name and address, loan amount, interest
rate, loan term, loan distribution date and due date). This database will also include principal
and interest received for loans that have been paid off, as well as any principal written off as a
result of foreclosure or other default.
b. The BMR Administrator will monitor existing first-time-homebuyer and other housing loans
annually to ensure that the borrower remains in compliance with the loan agreement (e.g.,
current homeowner insurance, original buyer continues to reside on property). In case of
default, the BMR Administrator will contact the owner and work with the City to see that the
loan is repaid.
c. The BMR Administrator will work with the City to process all paperwork and legal recordings
required when first-time homebuyer loans and other housing loans are paid off or refinanced
(as needed basis).
5. BMR Home Sales/Resales (as needed basis)
a. BMR Marketing: The BMR Administrator will work with each Developer and/or the City to
market the availability of new and resale BMR homes to eligible households who have
expressed interest in the BMR program. BMR Administrator will also be responsible ensuring
Developers compliance with sale provisions dictated in recorded Development Agreements (i.e.
San Luis Ranch and Avila Ranch) and Affordable Housing Agreements. This task will include
providing marketing materials in both English and Spanish to City staff for the City’s website.
b. Interest Rates, Homeowner’s Association Fees, and Sales Price: Upon request, the BMR
Administrator will supply the City with current mortgage interest rates and other information
necessary to amend (if necessary) sales prices and/or interest rates of new BMR homes and
existing BMR homes being offered for resale.
c. Homeowner Eligibility: The BMR Administrator will submit the data on each eligible applicant to
the City for approval prior to formalizing any Agreement.
6. BMR Programs: The BMR Administrator will work with City staff to recommend, develop and
implement programs. City Council will approve any new programs under this task.
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a. Administrator will regularly update program guidelines and program materials in conjunction
with Agency staff to reflect the Administrator’s administrative process for Program
Administration including, but not limited to: applications, program pamphlets, rent & resale
calculations (i.e. Affordable Housing Standards), selection processes, vacancies, sale and resale
of units, refinancing requests, collection of Agency fees and other applicable fees, and default
monitoring/resolution process. Administrator’s objective will be to work alongside Agency Staff
to incorporate “learnings” from the team’s collective history with Affordability Programs in
California.
C. PROJECT SCHEDULE
As this Project will be ongoing, no activity and scheduled dates are necessary. Instead, contractor will
comply with expectations and reporting deadlines outlined in the Scope of Work and subsequent
agreement to be executed upon selection of contractor. Please refer to Section I – Proposal Review
below for a tentative schedule regarding the review process for proposals received. Note that
administration of the BMR Program is due to commence on August 16, 2021.
D. PROJECT BUDGET
The administration of the City’s BMR Program is budgeted at $117,000 annually for the next two City
fiscal years (Year1: July 1, 2021 – June 30, 2022; Year 2: July 1, 2022 - June 30, 2023). Upon the end of
the two-year period, the City will consider extending contract budget for subsequent 2-year 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.
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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
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.
F. 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. 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.
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G. 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.
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
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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.
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
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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,
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.
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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,
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.
H. SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
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2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the
proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract
award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves
the right to declare said proposer is no longer the lowest responsible, responsive proposer and to
accept the next acceptable low proposal from a proposer that is not experiencing a labor action,
and to declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into
the contract: the award will be annulled; any bid security will be forfeited in accordance with the
special terms and conditions if a proposer's bond or security is required; and an award may be
made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if
it were the party to whom the first award was made.
5. Contract Term
The supplies or services identified in this specification will be used by the City for up to one year.
The prices quoted for these items must be valid for the entire period indicated above unless
otherwise conditioned by the proposer in its proposal.
6. Contract Extension.
The term of the contract may be extended by mutual consent for an additional one -year, and
annually thereafter, for a total of four years.
7. Supplemental Purchases.
Supplemental Purchases. Supplemental purchases may be made from the successful proposer
during the contract term 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 propose r 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 detailed
invoices as supporting detail, or one lump-sum upon completion.
9. Non-Exclusive Contract.
The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as
well as any supplemental items, from other vendors during the contract term.
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
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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.
I. PROPOSAL CONTENT
Proposals must, at a minimum, contain the information listed below, and may include any other
information that the candidate feels will facilitate the City’s consideration.
1. Cover Letter. Please include a cover letter which includes your interest in administering the City
of San Luis Obispo’s BMR Program and any other information that you would like to highlight.
(MAXIMUM OF ONE PAGE)
2. Qualifications. Describe your firm’s experience and qualifications to administer San Luis Obispo’s
BMR Program, including processing Resale Restriction Agreements and Deeds of Trust; loan
subordination and payoff transactions; compliance monitoring and certification; transfers and
defaults. Include a list of jurisdictions for which you provide similar services. Provide an example
of your experience in dealing with compliance issues (i.e., steps taken, outcome, etc.). (MAXIMUM
OF THREE PAGES)
3. Program Administration. Provide a detailed discussion of how your firm will implement and
administer the BMR Program, including the protocol your firm will use for each of the tasks
identified in the Scope of Services. Include a description of the anticipated interaction between
your firm, the City, and BMR clients. Include an organizational chart which identifies the primary
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role of each team member (e.g., BMR inquiries, document preparation, monitoring, etc.).
(MAXIMUM OF SIX PAGES, NOT INCLUDING EXAMPLES)
a. Provide example documents used to perform annual monitoring of both rental and
ownership units.
b. Provide example application forms (pre-qualification, etc.) and helpful documents (e.g.,
FAQs, process, etc.) that an applicant would access on the dedicated webpage that would
be set up for Gilroy’s BMR program.
4. Cost.
a. Submit in a separate sealed envelope a cost estimate for each task in the Scope of Services
(e.g., fixed fee for basic services, fee per transaction / sale). See attachment for example.
b. Include any other costs associated with administering the BMR program.
c. Include the estimated hours for each staff member assigned to each task, including the
associated cost and hourly rate.
d. Include a not-to-exceed amount that would be contained in a potential agreement with
the City.
e. Hourly rates may be used for pricing the cost of additional services (beyond the scope of
services), as needed.
5. Additional Information. Provide general suggestions regarding the City’s BMR program or the
requested scope of services. For example, provide suggestions on how the City might
improve San Luis Obispo’s BMR program or finance the BMR Administrator contract
through a self-sustaining fee structure, etc.
6. Identify Key Staff. Provide a resume for the BMR Program Manager, main point of contact, and
any other key staff who will be involved in the day-to-day administration of the City’s BMR
program (e.g., interacting with applicants and city staff, preparing and recording legal
documents, submitting reports, etc.).
7. References. Include the name, address, phone number, and email for a minimum of three (3)
references for which you administer their affordable housing program.
8. Insurance Coverage. Provide a statement verifying that your firm meets the insurance
requirements contained in Attachment A, Article 5, Section D. Identify carriers, A.M. Best
ratings, types, and limits of insurance carried by your firm.
9. Terminated Contracts/Litigation. Please provide a list of contracts/agreements terminated for
convenience or default within the past three years, if any. List any litigation that now
affects or may affect the firm’s ability to perform work in the future.
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10. Language Capabilities. Please describe your capacity to serve Spanish speaking clients in both
written and speaking form.
J. PROPOSAL REVIEW
1. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
ACTIVITY CONSULTANT CITY SCHEDULE
RFP sent to qualified consultants/Legal Ad X May 12, 2021
Pre-Proposal Conference (optional) X X May 26, 2021
Responses due X June 4, 2021
City response to consultants regarding
whether submittal will be considered through
subsequent interview
X
June 11, 2021
Interview consultants (If needed) X X June 21 – 24, 2021
Consultant selection and contract execution X July 9, 2021
Initial kick-off meeting with staff team X X July 19 – 22, 2021
Internal Organization of Materials and Duties X July 19 – August 6, 2021
Transfer of Materials to Consultant X X August 9 - 13, 2021
Consultant Will Commence Administration X August 16, 2021
2. 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:
May, 26, 2021 at 1:00 p.m.
Via Teleconference
(teleconferencing details TBD)
3. 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.
4. 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.
5. 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.
6. Required Deliverable Products. The Contractor will be required to provide:
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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
7. 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).
8. Attendance at Meetings and Hearings. As part of the work scope and included in the contract
price is attendance by the Contractor at up to [number] 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.
9. 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 misstatemen ts 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.
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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.
K. 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.
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2. 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.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will
pay, and Contractor shall receive therefore compensation [xxxxxxx]. If there are installment payments?
Contractor shall be eligible for compensation installments after completion of milestone Tasks -E as shown
in the attached project schedule.
4. 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.
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Manager.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto.
No oral agreement, understanding or representation not reduced to writing and 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.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Name
Dept.
Address
Consultant Name
Title
Address
Address
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8. 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 execu ted 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
L. 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,
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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.
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.
M. PROPOSAL SUBMITTAL FORM – SAMPLE
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A complete proposal must include the forms in this section plus the required insurance certificate.
THESE REQUIRED PROPOSAL DOCUMENTS SHALL BE ENCLOSED IN TWO SEPARATE SEALED
ENVELOPES.
The first envelope shall be labeled “Qualification Proposal” and shall include the following proposal
documents completed in full:
1. Information about the Proposing Firm
2. References
3. Statement of Past Contract Disqualifications
4. Insurance Certificate
The second envelope shall be labeled “Price Proposal” and shall include the Price Proposal form.
These envelopes shall be enclosed in a larger 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. In order
to guard against premature opening, the larger envelope should be clearly labeled with the proposal
title, specification number, and name of the proposing firm.
INFORMATION ABOUT THE PROPOSER
Firm Name
Mailing
Address
City, State, ZIP
Phone Number
FAX Number
Business Type (proprietorship/partnership/corporation)
Years Operating under this Firm Name
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Insurance Company’s A.M. Best Rating
Authorized Representative
Title of Authorized Representative
Signature of Authorized Representative and Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully 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 requi red. 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
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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
CURRENT CONTRACTS:
1.
2.
3.
4.
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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 f or 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
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PRICE PROPOSAL
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Department Name: Public Works
Cost Center: 5006
For Agenda of: May 5, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Brian Rodriguez, Engineer II
SUBJECT: AUTHORIZATION TO ADVERTISE 2021 DOWNTOWN PAVEMENT
IMPROVEMENTS PROJECT, SPECIFICATION NO. 1000167
RECOMMENDATION
1. Approve the project plans (Attachment A) and specifications (Attachment B) for the 2021
Downtown Pavement Improvements Project, Specification No. 1000167 (Project); and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager to award the construction contract including the Base Bid and
any Additive Alternates if the lowest responsible bid is within the Publicly Disclosed
Funding Amount of $3,400,000 and the funding amount is consistent with the adopted 2021-
22 budget appropriation for this project; and
4. Authorize the City Engineer to approve Contract Change Orders up to available project
budget of $4,233,095
REPORT-IN-BRIEF
Following the City of San Luis Obispo’s (City) Pavement Maintenance Plan (Pavement Plan),
staff is requesting authorization to advertise a pavement improvement project for construction.
The project will provide pavement maintenance and striping improvements to the streets shown
in Figure 1 on the following page and the attached vicinity map (Attachment C).
Pavement maintenance projects often involve complete removal and replacement of roadway
striping and pavement markings, which provides excellent opportunities to incorporate planned
safety and complete street1 improvements as part of these larger roadway maintenance efforts.
The 2021 Project will implement several complete street modifications envisioned for Marsh and
Higuera Streets in the City’s Downtown Concept Plan and the recently adopted Active
Transportation Plan to improve downtown safety and mobility for all road users. These strategies
include design elements intended to improve pedestrian crossing safety, increase separation
between bicyclists and motor vehicle traffic, and calm traffic and reduce speeds through the
downtown. Staff is requesting that funding be appropriated in the upcoming 2021-23 Financial
Plan to complete this project.
1 A complete street is a transportation facility that is planned, designed, operated, and maintained to provide safe
mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the
function and context of the facility.
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Background
On April 14, 1998, the City Council adopted the City’s Pavement Plan. In 2009, the Pavement
Plan was updated to provide additional emphasis on arterial streets. A key element of the
Pavement Plan is a rotating and methodical approach to ensuring all areas of the City receive
regular preventative and/or corrective paving maintenance. The City implements this rotation by
performing maintenance in two neighborhood Pavement Areas in one year, and then focusing on
arterial street work in the second year, thereby alternating between neighborhood areas and
arterials biennially. Last summer, streets maintenance funding was used for local neighborhood
streets in Pavement Areas 4 and 5 (Attachment D), which included roadway sealing and striping
enhancements. Improvements to both pedestrian and bicycle access in the form of curb ramps,
buffered bike lanes, and addition of two new neighborhood greenways were also completed.
2021 Downtown Pavement Improvements Project
This year, the pavement maintenance work is planned for the following streets, as shown visually
in Figure 1 below:
a. Higuera Street (Marsh to Nipomo and Santa Rosa to Pepper)
b. Marsh Street (Higuera to Nipomo and Santa Rosa to California)
c. Nipomo Street (Buchon to Leff)
d. Johnson Street (Mill to Phillips)
e. Phillips Lane (Johnson to Pepper)
f. Pepper Street (Phillips to Mill)
Figure 1: Project Vicinity Map
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It is important to note that while work on segments of Higuera and Marsh outside of the
downtown core is planned to proceed this upcoming summer and fall (2021), segments within
the downtown core (between Nipomo and Santa Rosa) are planned to be deferred until
summer/fall of 2022. This schedule is proposed to avoid the deconstruction of many recently
installed parklets within the downtown core and to reduce potential disruption to activities within
the core of the downtown where auto traffic, pedestrian activity, and on-street parking demand
are highest. This will also provide time for planning and engagement with businesses and the
community to determine viability and methods for implementation of a long term parklet
program and not interrupt economic recovery following the pandemic.
Pavement Reconstruction and Maintenance
A pavement investigation was completed (November 2020), which confirmed that Nipomo
Street and Johnson/Philips/Pepper were in a failing condition and structurally deficient to carry
current traffic loading, including frequent heavy transit bus traffic on Johnson/Philips/Pepper for
which the original pavement was not designed. These pavement areas have moderate to severe
cracking, rutting in wheel-paths, potholes, and have reached the end of their useful life. Full
depth replacement is necessary to bring the pavement to new condition and eliminate the need
for more frequent smaller maintenance repairs that would be ineffective in the long term. This
selected method of reconstruction is the most cost effective, with an expected service life of 15-
20 years. The old pavement removed from the roadway will be recycled by the receiving
aggregate plants for future recycled asphalt pavement (RAP) in other pavement projects.
The majority of Marsh and Higuera asphalt pavement is underlaid by concrete, creating a solid
foundation. This pavement structure is acceptable, however, the pavement on Marsh and Higuera
from Nipomo to the intersection of Marsh and Higuera is deteriorated and failing due to age and
wear. This pavement will be removed and replaced to create a new smooth driving surface. On
Marsh and Higuera East of Santa Rosa, pavement maintenance will include installation of a
slurry seal coat. Slurry seal is a cost-effective treatment that extends pavement life up to 8 years
and prevents more expensive maintenance work in the future. Applied as a thin pavement sealant,
it shields the pavement beneath from ultraviolet damage, minimizes water intrusion, and
provides a new wearing surface for vehicles. This preventative maintenance treatment is less
costly than asphalt replacement. In advance of this year’s paving project, the City’s Street
Maintenance team has completed crack sealing treatment and spot repairs on Higuera Street
(Pepper to Santa Rosa) and Marsh Street (California to Santa Rosa). This preparatory work
increases the long-term effectiveness of the planned roadway slurry seal coat installation and
reduces overall construction costs.
In addition to roadway maintenance, this project will upgrade curb ramps to current ADA and
City standards, as well as replace roadway striping and pavement markings, which provides an
excellent opportunity to implement several complete street improvements as identified in the
City’s Traffic Safety Report, Active Transportation Plan and Downtown Concept Plan. These
complete street improvements, which are described in more detail in the section below, will
support the City’s 2021-23 Major City Goal of Climate Action, Open Space and Sustainable
Transportation, as well as the City’s mode shift targets and Vision Zero goal to eliminate traffic-
related fatalities and severe injuries citywide.
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Complete Street Design Elements
The Project includes the following complete streets elements along Marsh and Higuera Streets,
which are intended to improve mobility and safety for all road users. Note that the summary
below describes the design elements proposed for the full extent of Marsh and Higuera Streets,
including the segments between Santa Rosa and Nipomo Streets within the downtown core,
which are not planned for implementation until 2022. Staff will be conducting additional
community outreach for the segments within the downtown core and the Council will have the
opportunity to review and approve those designs when staff returns with a request to advertise
the 2022 Paving Improvements Project for construction next spring.
a. Auto Lane Reductions – Reduce the number of auto lanes on Marsh and Higuera Streets
from three to two, as envisioned in the Downtown Concept Plan and Active
Transportation Plan, and as currently exists on Higuera Street between Santa Rosa and
Nipomo as an Open SLO pilot installation. Current plans also propose reducing the
segment of Higuera from Johnson to Toro Street from two to one lane to provide width
for dedicated bike lanes, similar to recent modifications to Pismo Street south of the
downtown. (See Figure 2 below for lane reduction locations). Lane reductions, also
referred to as “road diets” provide an opportunity to “right-size” oversized roadways to
accommodate the actual auto traffic demand required, which provides the benefit of
reducing illegal speeding and freeing up additional road space for other features, such as
bike lanes, future sidewalk widening, or parking/parklets. Lane reductions also shorten
pedestrian crossing distances and the number of conflict points at crosswalks, which
improves the pedestrian crossing experience and safety.
A Transportation Impact Study was prepared to evaluate potential traffic impacts
associated with these lane reductions. The traffic study concluded that these
modifications would retain sufficient traffic capacity to accommodate existing and future
auto traffic volumes, while preserving width for existing on-street parking and flexibility
to retain parklets if the Council decides to extend the City’s pilot parklet installations
beyond the current pilot program. Attachment E provides a visual summary of the
existing and future roadway capacity and auto traffic demand on Marsh and Higuer a
Streets with and without the proposed lane reductions. Attachment F includes the
comprehensive Transportation Impact Study prepared for the project.
b. Curb Ramps – Upgrade pedestrian curb ramps to current ADA standards at several
locations. (see Figure 2 below).
c. Accessible On-Street Parking – Provide additional ADA on-street parking at multiple
locations. Six new ADA on-street parking stalls will be added as part of the 2021 plans
and approximately 5 will be added in 2022.
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d. Pedestrian Crossing Upgrades – Installation of high-visibility “ladder-
style” marked crosswalks at several intersections, and addition of push-button flashing
beacon systems (RRFBs) at several pedestrian crossings, such as Higuera/Beach (new
crossing), Marsh/Toro (existing crossing) and Higuera/Johnson (new crossing). A new
crossing at Marsh/Beach was evaluated extensively, but ultimately is not feasible at this
time due to significant constraints. While this crossing is still desired in the future and
will be considered as part of subsequent planning efforts, it will not be installed as part of
this project.
Upon request from the Active Transportation Committee, staff will also be investigating
the feasibility of adding a pedestrian crossing to the north leg of the Santa Rosa/Marsh
intersection. This evaluation will be done during the design phase for the 2022 paving
project plans and will be incorporated into the 2022 paving project, if feasible.
e. Protected Bike Lanes – Install protected bike lanes (“cycle tracks”) along most of
Higuera and Marsh Streets within the project limits, as identified in the Downtown
Concept Plan and Active Transportation Plan. Current plans for physical bikeway
separation include installation of concrete medians and landscaped planter boxes. Note
that the planter boxes will be installed via a separate landscaping contract following the
completion of the Downtown Paving Project.
f. Buffered Bike Lanes – Provide striped bike lane buffers (no physical barriers)
where protected bike lanes are infeasible without significant parking removal, or due to
and conflicts with bus stops, downtown delivery staging, Farmer’s Market operations
and/or fire access.
g. Green Bike Lane Markings – Install green bike lane markings at higher-volume
driveways and through intersection crossings to increase visibility of bicycle-vehicle
conflict areas. Application of green bike lane coloring throughout the length of the
buffered bike lane on Higuera between Santa Rosa and Nipomo is being considered as
part of the 2022 pavement project to add additional awareness of the bike lane and to help
address concerns with vehicles illegally blocking the bike lane for commercial and/or
passenger loading.
Figure 2 on the next page illustrates the locations of complete street improvements within the
project extent, including both the 2021 and 2022 paving areas. A larger copy of this map is
provided in Attachment G. Typical street cross section illustrations of each segment are provided
in Attachment H.
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Figure 2: Downtown Complete Street Elements Considered
On-Street Parking and Parklets
The design approach for the Downtown Paving Project intentionally focuses on minimizing loss
of on-street parking, opting to reduce auto lanes to accomplish multimodal goals in lieu of
wholesale street parking removal. Currently, many of the on-street parking spaces do not meet
current City Standards for on-street parking or sight visibility at intersections. Therefore, there
are locations throughout the corridor where on-street parking spaces will be removed. These
reductions in parking are necessary regardless of changes to the street configuration. While
approximately 93% of existing parking is to remain, approximately 35 spaces are proposed to be
removed. Attachment I shows the approximate location and number of spaces to be removed.
The current design does not preclude retaining the vast majority of existing parklets if Council
decides to retain parklets beyond the temporary Open SLO pilot program. The only exception is
the temporary parklet on Higuera near the Creamery, which was installed for Mistura and
conflicts with the proposed project designs. Mistura has used this parklet sparingly and have
additional outdoor dining space on-site within their patio. This parklet is planned for removal
towards the end of summer prior to the paving work.
It should be noted, the project concept is not proposing protected bike lanes at this time, as called
for per the Active Transportation Plan, on Higuera between Santa Rosa and Nipomo and on
Marsh east of Johnson Street. The widths of these segments do not accommodate protected bike
lanes without the elimination of on-street parking (approximately 75 spaces). Staff proposes to
revisit these segments at a future time—most likely after completion of the Palm/Nipomo
Parking Structure and/or following a more focused Safe Routes to School Plan for San Luis High
School.
Equity Considerations
As currently proposed, this project supports the equity goals and policies of the Active
Transportation Plan as follows:
a. The project is located within the area of the city officially designated by the state as a
“Low-Income Community” per State Assembly Bill (AB) 1550, which reflects proximity
to the neighborhoods in the northern half of San Luis Obispo, which statistically includes
higher concentrations of lower-income, and often student-occupied, households.
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b. The proposed improvements directly improve access to lower-cost transportation options,
such as walking and bicycling, and indirectly improves first/last mile connectivity to the
Downtown Transit Center. This is particularly important within the downtown, where
many lower-income service workers would benefit from improved transportation options
that do not require owning or using an automobile.
c. The proposed improvements include several specific strategies to improve access for
those with mobility challenges, including ADA curb ramp upgrades, some sidewalk
repairs, and the addition of several new on-street parking stalls reserved for disabled
persons.
Benefits to Downtown Vitality & Street scape Aesthetics
Where feasible, staff endeavors to incorporate design elements that not only serve a functional
purpose but add to the vibrant downtown environment. For example, staff is pursuing
aesthetically appealing options for the physical buffer separating the protected bike lanes from
vehicular traffic in lieu of plastic flex posts or other less visually appealing features. The current
design approach includes use of concrete medians with “Mission Style” concrete color/finish,
and addition of planter boxes within these medians where feasible, similar to those installed in
cities like Vancouver and Seattle (see photo below for example). Where on-street parking exists
adjacent to protected bike lanes, planter boxes would be located to retain access for passengers
accessing their vehicles. Installation and maintenance of the planter boxes will be secured under
a separate contract immediately following the complete installation of the medians.
Example of Protected Bike Lanes with Landscaped Planter Boxes (Vancouver, BC)
In addition, providing a fresh and smooth surface creates the perfect canvas for future street art
installations, which can be explored following the roadway sealing project as part of the City’s
Public Art Program.
Economic Recovery and Downtown Business Considerations
As the designs have developed, and through the public engagement activities described further in
this report, staff has received initial feedback from residents, visitors, and businesses in the
downtown.
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One of the questions/concerns raised during the project planning process relates to the timing of
this project and the effects it can have on downtown businesses as they hope to continue
recovering from the impacts of the COVID-19 pandemic. Based on discussions with the
downtown community, strategies proposed by staff to minimize potential disruption to
downtown road users and businesses during construction activities for both 2021 and 2022
paving efforts include:
a. Deferring start of any disruptive construction activities along Marsh or Higuera Streets
until September 1st, avoiding the peak of the summer tourist season.
b. Where feasible, scheduling working hours outside of peak weekday business hours,
including a goal to maintain two lanes of traffic on Marsh and Higuera between 10 a.m.
and 6:00 p.m. as much as possible.
c. Advance noticing to adjacent businesses and residents prior to start of construction to
provide project details, schedule and contact information for questions and project
updates.
d. Regular (weekly or bi-weekly) construction updates to notify the community of
upcoming project activities and schedules.
Previous Council or Advisory Body Action
Council Adopted the Active Transportation Plan on February 2, 2021.
Policy Context
The project directly supports several key City plans, policies and goals. The complete street
components of the project support the recommendations of the Downtown Concept Plan and
Active Transportation Plan—with installation of protected bike lanes and priority
pedestrian/bicycle crossing s along Marsh and Higuera Streets identified as Tier 1 (highest-
priority) projects in the Active Transportation Plan. The improvements also indirectly support
the General Plan mode share targets and recommendations of the City’s Climate Action Plan for
Community Recovery to improve active transportation and reduce reliance on single-occupant
vehicles. The project also supports the current Sustainable Transportation and Climate Action
Major City Goals, as well as the current Meta Goal for Economic Stability, Recovery and
Resiliency, which includes a strategy to continue implementation of shovel-ready capital projects
(particularly infrastructure maintenance).
Consistent with the October 2018 Purchasing Policy Update to the July 2015 Financial
Management Manual, Council must approve the request to proceed with this project, as approval
is required for Public Projects that cost over $175,000.
Public Engagement
1. The public outreach process conducted for the City’s recently adopted Active
Transportation Plan took place over more than two years from 2018-2021 and guided
complete street recommendations proposed within the 2021 paving project.
2. On January 11, 2021 a virtual meeting was held with the Downtown SLO Response and
Recovery Board Meeting.
3. On February 4, 2021, Transportation staff had a virtual meeting with SLO Transit and the
Regional Transit Authority (RTA) to review the project components and timeline.
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4. On February 25, 2021 a community-wide virtual workshop was held to inform the public of
the project and its scope and to request input on proposed designs, focusing largely on the
Higuera and Marsh Street elements proposed within the downtown area. Notification of the
event consisted of an advertisement in The New Times, social media posts, sandwich boards
posted and rotated throughout the downtown and e-notification distribution including
Downtown SLO and Bike SLO County’s memberships. Approximately 15-20 people
attended and actively participated using this virtual style of public meeting.
5. On Saturday, March 6, 2021 a “Pop-Up” Style Virtual Presentation was held to provide an
option for community members to attend outside of a typical weekday evening meeting
format. Unfortunately, there was no community participation in this event.
6. An informational web page (http://www.slocity.org/downtownpavingproject) was created to
provide background and updates on the different project elements. The webpage also
provides opportunities for the public to leave direct feedback on the project via comment
boxes. The intent is that the webpage can continue to be used as a tool to provide
information for the public throughout the construction of the project.
7. An interactive web-based map was also created allowing the public to leave comments
directly on a map of the downtown project and proposed design elements.
Example of Remix Mapping/Comment Tool
CONCURRENCE
This project has been reviewed and has concurrence from the Utilities, Fire, and Community
Development Departments. The Active Transportation Committee has reviewed the proposed
pedestrian and cyclist improvements and provided its recommendation to Council to proceed
with implementation of the project.
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It should be noted that the Active Transportation Committee recommended retaining the existing
striped bike lanes on both sides of the street along Marsh Street east of Johnson Avenue in lieu of
staff’s initial proposal to provide a protected bike lane in the eastbound direction and shared lane
in the westbound direction. Considering the traffic volumes and speeds along this segment of
Marsh Street, the Committee preferred retaining a dedicated bike lane in each direction, even if
that left insufficient street width to install physical bike lane separation in either direction. This
recommendation is reflected in the final plans proposed for implementation.
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.
The complete street elements are consistent with the Land Use and Circulation Element as well
as the Active Transportation Plan, therefore consistent with the environmental review of those
documents. In addition, the types of complete street improvements proposed as part of this
Project would all be considered categorically exempt from CEQA in the category of Existing
Facilities, maintenance activities. Therefore, no additional environmental review is triggered.
FISCAL IMPACT
Budgeted: Proposed in FY21/23 Financial Plan Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Approval to Bid with Final Project Funding Dependent on Budget Adoption for 2021-22.
In order to allow for project implementation during the summer months, and to lessen impacts to
the traveling public, staff is requesting permission to advertise the project for construction prior
to the new fiscal year. However, the construction contract will not be awarded until after the
2021-23 Financial Plan has been adopted by the Council and work will not begin until the budget
appropriation is made available.
The project is structured with a Base Bid and two Additive Alternatives to maximize the scope of
the pavement replacement project within the available funding. The strategy is to award the
contract with the Base Bid and as many of the Additive Alternatives as funding will allow, up to
the Publicly Disclosed Funding amount of $3,400,000 in compliance with Public Contract Code
Section 20103.8C. The Base Bid portion includes Higuera and Marsh from Nipomo to where
they intersect, Higuera and Marsh from Santa Rosa to the eastern limits, and Nipomo from
Buchon to Leff. The additive alternatives include additional asphalt removal and replacement
along Johnson from Mill to Phillips, Phillips from Johnson to Pepper, and Pepper from Phillips
to Mill.
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There is currently a remaining balance of $216,781 in the 2020 Roadway Sealing (1000114)
account, $46,565 in Water funds, $41,550 in Sewer funds, and $80,000 in the Bicycle/Pedestrian
Quick Build Project (1000162) account, which are proposed to be used to support the 2021
Downtown Pavement Improvements Project. This brings the current available balance to
$384,896. Additional funding of $3,848,109 is proposed in the 2021-23 Financial Plan to provide
adequate funding for this project. The new funding is proposed via a combination of two capital
project, Water, and Sewer funds request in the 2021-23 Financial Plan: $3,513,199 for the Street
Reconstruction and Resurfacing project, $200,000 for the Active Transportation Plan
Implementation project, $50,000 for Water funds, and $85,000 for Sewer funds. If the 2021-22
budget is adopted as proposed, the additional funding will be available July 1, 2021, bringing the
total available project funding balance to $4,233,095.
Funding Sources
Current FY
Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $2,894,752
State Gas Tax SB1 $835,228
Federal
Fees
Other: $503,115
Total $4,233,095
LRM Fund,
Capital
Outlay Fund
State Gas
Tax SB1 LRM Fund Capital Outlay
Fund Water Fund Sewer Fund
Construction Estimate $1,757,794 $835,228 $173,913 $69,565 $84,000 $34,500 $2,955,000
Contingencies (15%)$388,988 $26,087 $10,435 $12,565 $5,175 $443,250
Total Construction Estimate $2,146,782 $835,228 $200,000 $80,000 $96,565 $39,675 $3,398,250
Construction Management:$200,000 $200,000
Materials Testing:$20,000 $20,000
Printing & Advertising:$2,000 $2,000
Public Relations $15,000 $15,000
Total Project Estimate $2,383,782 $835,228 $200,000 $80,000 $96,565 $39,675 $3,635,250
Available Project Balance:$0 $0 $0 $80,000 $46,565 $41,550 $168,115
Remaining from 1000114
Roadway Sealing $216,781 $216,781
Financial Plan Funding
Available after 7/1/2021 $2,677,971 $835,228 $200,000 $0 $50,000 $85,000 $3,848,199
Total Funding After 7/1/2021:$2,894,752 $835,228 $200,000 $80,000 $96,565 $126,550 $4,233,095
Planter Box Landscaping and
Maintenance
(Separate from Paving
Contract)$75,000
$75,000
Publically Disclosed Funding
Amount $3,400,000
ESTIMATED PROJECT COST BY FUNDING SOURCES
2021 Downtown Pavement Improvements Project, Specification No. 1000167
2021-23 Active
Transportation
Plan
Implementation
Bicycle/Pedestrian
Quick Build Projects
(1000162)
Sewer MH
Cover
Adjustments Project Total
Costs
Water Valve
Cover
Adjustments
Street R&R
Master Account
(90346)
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ALTERNATIVES
1. Deny Authorization to advertise. The City Council may choose not to authorize project
advertisement prior to consideration of the 2021-21 budget review and approval. Staff does
not recommend this alternative because this is the ideal time to advertise paving projects for
summer construction.
2. Continue with the 2021 Downtown Paving Project but defer 2022 downtown core paving to
2023. The City Council may choose to continue with the paving work planned for 2021, but
direct staff to defer paving work within the downtown core (Higuera and Marsh Streets
between Nipomo and Santa Rosa) from 2022 to 2023. This would provide additional time for
the City Council to weigh in on long-term plans for downtown parklets and provide
additional opportunities for downtown circulation and commerce activity to normalize
following disruptions in recent years related to construction of two large hotels, the Marsh
Street Bridge Replacement Project and ongoing impacts associated with the COVID -19
pandemic.
Attachments:
a - COUNCIL READING FILE - Spec No. 1000167 Project Plans
b - COUNCIL READING FILE - Spec No. 1000167 Specifications
c - Spec No. 1000167 Vicinity Map
d - Pavement Areas
e - Volume Capacity Charts
f - COUNCIL READING FILE - Traffic Analysis Report
g - Downtown Complete Street Elements Considered
h - Typical Street Cross Section Illustrations
i - Estimated Changes in On-Street Parking Spaces
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2021 DOWNTOWN PAVEMENT
IMPROVEMENTS PROJECT
VICINITY MAP 1 OF 1
AREA 'A'
AREA 'D'
Project
Locations
0
SCALE IN FEET
1000
AREA 'C'
AREA 'B'
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SanLuisObispo
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NOTE:State highways, county roads, private
streets, and railroads are not included in the
City’s pavement management program.
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Traffic Volume and Capacity Charts Current Daily Volumes (Pre‐COVID) Higuera Street Marsh Street Page 1 of 2 Item 12Packet Page 99
Traffic Volume and Capacity Charts Future Daily Volumes Assumes full buildout of the City’s General Plan Higuera Street Marsh Street Page 2 of 2 Item 12Packet Page 100
Complete Street Elements Considered Item 12Packet Page 101
Downtown Paving 2021 & 2022
Concept Cross Sections
Higuera Pepper to Johnson
Higuera Johnson to Toro
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Higuera Toro to Santa Rosa
Higuera Santa Rosa to Nipomo
Higuera Nipomo to Marsh
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Marsh Johnson to California
Marsh Johnson to Toro
Marsh Toro to Higuera
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Estimated Changes in On-Street Parking Spaces
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Department Name: Public Works
Cost Center: 5002
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Hai Nguyen, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE SINSHEIMER IRRIGATION AND
DRAINAGE, SPECIFICATION NO. 91658
RECOMMENDATION
1. Authorize staff to advertise for bids and approve the project plans (Attachment A) and
special provisions (Attachment B) for the Sinsheimer Irrigation and Drainage, Specification
Number 91658; and
2. 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 $500,000 and the funding amount is
consistent with the adopted 2021 -23 budget appropriation for this project.
DISCUSSION
Background
Parks require ongoing maintenance in order to provide users a safe and quality experience. At
Sinsheimer Stadium, the irrigation and drainage systems have aged beyond their useful lives and
have created regular impacts to the stadium, reducing the quality of the play surface and
impacting the public’s ability to utilize the facility.
Project Scope
Irrigation System Replacement
The irrigation system at the Sinsheimer Stadium field (Attachment C) dates from the mid-1960s
and is overdue for replacement. The system requires frequent maintenance and does not evenly
and efficiently distribute water to the turf. The existing system has 360-degree spray, resulting in
the dugouts, backstop, fencing, and infield all being watered, in addition to turf. The replacement
system will resolve these issues and provide staff a system which is easier to maintain.
The project will install a new irrigation system designed to efficiently distribute water onto the
turf with minimal overspray, which in addition to reducing damage to the facility, will save
water. Furthermore, a master valve and flow sensor are proposed to provide sophisticated
shutdown operation of the system to prevent wasted water if one of the zone valves should leak.
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Drainage System Replacement
The Sinsheimer Stadium field has an underground drainage system constructed in 1995 to pull
excess water from the field. The existing drainage system is failing, and the result is that play
must be delayed as the right field remains flooded for several days after rainy weather.
The project will replace the sub-surface drainage system and install 4” perforated pipes to
convey runoff away from the stadium field. The new drainage system will have more than three
times the drainage capacity of the existing system. Cleanouts are also proposed so that regular
maintenance can be performed to keep the system at peak performance.
COVID-19 Impacts
Due to the anticipated economic impacts of COVID-19 in Spring of 2020, 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. As a result, this project was deferred with the FY20-
21 Budget Supplement. This project is now recommended to continue as part of the FY21-23
Capital Improvement Plan and 2021-22 budget appropriation.
Previous Council or Advisory Body Action
This project was originally identified in the 2017-19 Financial Plan that was approved by
Council. Subsequently, funding was appropriated in the 19-21 Financial Plan. As stated above,
this project was then deferred with the FY20-21 Budget Supplement.
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
Public engagement was done during the initial identification of this project to be included in the
2017-19 Financial Plan. In addition, staff has continued to communicate with SLO Blues
baseball team and user groups at the Sinsheimer Stadium field regarding design and construction
timelines.
CONCURRENCE
There is concurrence from Parks and Recreation and Public Works departments with the
proposed recommendations outlined in this document.
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 to maintain an existing play facility. The project is consistent with the applicable
general plan policies as well as with applicable City Regulations.
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FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding Sources FY Cost
Annualized
On-going Cost
Total Project
Cost
LRM Fund $615,500 $615,500
State
Federal
Fees
Other:
Total $615,500 $615,500
201 Fund
Construction Estimate $500,000
Contingencies (20%)$100,000
Total for Construction $600,000
Materials Testing $15,000
Printing $500
Total Project Cost $615,500
Current Project Balance:$0
Additional Funding FY21-23 $650,000
Remaining Balance:$34,500
Sinsheimer Irrigation and Drainage, Specification No. 91658
Project Account (91658)
Subsurface explorations performed by Earth Systems indicate that serpentine rock formations
exist at the project site and is unsuitable to be used as backfill. To cover any additional cost of
importing soil and rock excavation, staff is requesting 20% contingencies for this project.
There is no funding available in the project account. Additional funding of $650,000 from the
Local Revenue Measure Fund is proposed in the 2021-2023 Financial Plan Capital Improvement
Plan to provide adequate funding for this project.
Staff is recommending this project be approved for advertising in advance of the Budget
Adoption for 2021-23. In order to lessen impacts to the user groups at the Sinsheimer Stadium
field during the summer months, staff has coordinated with Parks and Recreation and
strategically planned construction to start at the end of August 2021 and be completed at the end
of October 2021 prior to the rainy season.
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If the budget is approved as proposed, the funding will be made available July 1, 2021 to
complete this project. If a lower funding level is approved by Council in the 2021-23 Financial
Plan, staff may need to adjust the project scope to the approved budget, which will delay the
project.
ALTERNATIVES
Deny authorization to advertise. The City Council may choose not to authorize project
advertisement. Staff does not recommend this alternative. Complete irrigation system
replacement is needed to improve coverage, efficiency and reduce maintenance on the existing
aging irrigation system. Complete drainage system replacement is needed to mitigate flooding
and game delays.
Attachments:
a- COUNCIL READING FILE - Spec No. 91658 Plans
b- COUNCIL READING FILE - Spec No. 91658 Specifications
c- Project Vicinity Map
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SINSHEIMER IRRIGATION
AND DRAINAGE
1 OF 1
0
SCALE IN FEET
500
PROJECT
LOCATION
N
VICINITY MAP
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Department Name: Parks and Recreation
Cost Center: 7003
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks and Recreation Director
Prepared By: Aleah Bergam, Administrative Analyst
SUBJECT: AUTHORIZATION TO RECLASSIFY SIX SUPPLEMENTAL YOUTH
SERVICES SITE SPECIALISTS TO SIX FULL-TIME EQUIVALENTS
RECOMMENDATION
Approve a Resolution (Attachment A) to create six full-time equivalent (FTE) positions due to a
reclassification of the Youth Services Site Specialist position.
DISCUSSION
Background – Youth Services a Community & Council Priority
The City of San Luis Obispo provides a wide array of programmatic services for youth including
facilities (from parks to Damon Garcia to the SLO Swim Center), contract classes, special
events, and before and after school and school break programs. Childcare, via the City’s Youth
Services Program, has been a vital component of the City's Meta Goal of Economic Recovery
and Resiliency. The Community and Council highly value prioritizing and sustaining Youth
Services programming. This can be seen in the Measure G-20 priorities which include
maintaining youth services and in the 2021-23 Economic Recovery Major City Goal work plan
under 1.2 Business Support, whereby the City will provide childcare programming to the
community to enable residents to work and fuel the local economy. Youth services programming
also supports the Diversity, Equity and Inclusion Major City Goal through workforce recruitment
and retention by serving as a community partner involved in the SLO County Child Care Study.
The division will review, evaluate and implement findings from the study as resources permit.
The request that is before Council with this Agenda Report is to approve a reclassification of six
youth services program employees from limited benefit to full time equivalent immediately to
allow for necessary time and recruitment to facilitate summer 2021 programming.
Hiring Challenges of the Past for Key Youth Services Positions
The recruitment and retention of qualified Youth Services Site Specialists has been a challenge
for at least the past five years. Youth Services Site Specialists are responsible for overseeing
daily operations for the school age before- and after- school childcare programs (Sun 'N Fun and
Club STAR during the school year and school break camps) at an assigned location. They are
responsible for the day-to-day management of a childcare site, including staff supervision,
engagement with children and families, curriculum planning and implementation, planning
enrichment opportunities (guests, trips, events), collaboration with school and community
partners, ensuring an equitable and inclusive environment and upholding division standards.
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One of the Site Specialists serves in an administrative role and assists the Youth Services
Division Supervisor and Coordinator to plan, organize, produce, and coordinate childcare and
youth programming. This position works closely with subsidy partners, focuses on staff
onboarding, development, and retention, as well as works in the field at childcare sites year-
round. Each Site Specialist position is budgeted at 2080 hours per year and receives limited
benefits as these staff run a childcare site ensuring licensing standards are met. These staff
interact with and build relationships with school staff, families, and community partners.
Approximately twenty years ago, the City authorized particular supplemental or temporary
positions in Parks and Recreation to receive limited benefits (e.g. contribution s to health
coverage and pension, and time off) in an attempt to address then recruitment and retention
issues. These positions are referred to as Limited Benefit Temporary (LBT). The current Youth
Services Site Specialist positions are LBT positions. LBT positions are eligible for time off and
sick leave benefits in addition to what supplemental staff are typically eligible for. These
employees are pre-approved positions to be enrolled in CalPERS upon hire and are eligible for
personal time off (PTO) benefits. These employees receive paid time off in the amount of 3% of
hours worked, up to a maximum accrual of 40 hours, and accrue sick leave with pay at the rate of
twelve days per year of continuous service. Limited benefit temporary staff are not eligible for
paid holidays as full-time staff are. Also, these employees are Affordable Care Act (ACA)
eligible as they are expected to work shifts greater than 30 hours per week or 130 hours per
month continuously for at least four months. They are eligible for health insurance, and the
contribution is adjusted annually as required by the ACA.
Historically, the limited benefit temporary positions were effective in solving the recruitment and
retention challenges of the early 2000s and staff were in those positions for more than one year at
a time. For the past five years, retaining and recruiting for the six Youth Services Site Specialist
positions has been a challenge with multiple vacancies per year and continuous recruitments
resulting in limited candidate pools. In analyzing recruitment data for the Site Specialist position
in 2019, 719 people viewed the job posting (over a six-month window for two vacancies), and
only nine applicants applied (1.3% of individuals who view the position apply). Out of the nine
applicants only five were qualified and invited to an interview. Out of the five who were invited
to an interview, only three attended an interview. Staff offered the position to two of the
applicants and they both accepted, however, one of the new employees quit within weeks due to
the demands of the position.
Compensation Analysis of Youth Services Supplemental Staff
The Human Resources Department conducted a compensation study in January 2020 that
illustrated the City’s Youth Services staff salaries were behind the market by approximately
twenty-nine percent (29%) and four out of the six benchmark agencies utilized in the
compensation study provide full benefits to the Site Specialist position equivalent. Staff made
adjustments in the supplemental employee pay schedule in an attempt to address the
compensation issue but increased pay has not retained staff at the levels required to effectively
run childcare programming.
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Over the past five years the division has lost qualified Site Specialists to full -time positions
within the City and externally. Currently, the division has only three of the six Site Specialist
positions filled with one leaving in June 2021. One of the current Site Specialists has been with
the division for almost seven years but the other two have only been in the Site Specialist
position for under one year. The COVID-19 pandemic has only exacerbated the recruitment and
retention issue due to safety concerns and exposure risks while working with children. As
childcare is in high demand within the City and throughout San Luis Obispo County, providing
competitive wages and benefits for these key positions is critical for the overall program's quality
and consistency. The City’s childcare programs are a critical component in the City’s partn ership
with the San Luis Coastal Unified School District (SLCUSD) in support of learning and
development.
Based on the compensation study results and five-year-long recruitment and retention challenges,
cost of turnover, and risk of not being able to provide needed youth services programs due to
staffing shortages, staff is recommending reclassifying the Limited Benefit Temporary (LBT)
positions into six full-time equivalent (FTE) positions, Five Youth Services Site Director
positions and One Youth Services Program Assistant position, with benefits and wages
comparable to other regular positions requiring similar skills, abilities, and certifications, as part
of the 2021-23 Financial Plan. This recommendation was included in the Significant Operating
Budget Changes (SOCBs) that were presented to Council at the April 20, 2021 meeting where
Strategic Budget Direction was given by Council.
Need to Hire Youth Services Site Director and Program Assistant Positions Early to
Operate Summer Programming
To appropriately coordinate and operate summer youth programming, which begins June 14,
2021, Parks and Recreation Department staff is requesting “early” approval of the
reclassification of six LBT Youth Services Employees to six FTEs, five Youth Services Site
Director positions and one Youth Services Program Assistant position, and to begin job posting
and recruitment immediately following Council approval on May 5, 2021. Due to an estimated
four-to-six-week recruitment window, staff anticipates at the earliest, a start date of June 10,
2021 for new hires.
If not approved by this separate action, the request will continue to be part of the budget approval
on the June 1 and/or June 15, 2021, Council Meeting(s), with an effective budget appropriation
on July 1, 2021 and recruitment and hiring to begin after that date. Staff is presenting this special
request now because they are concerned that with a later approval date, and hiring sometime in
August at the earliest, that staff would not be able to operate summer programming nor prepare
for the 2021-22 school year. For context, in non-pandemic times, the Youth Services Program
traditionally begins coordinating summer programming as early as January. However, due to the
ongoing changes related to COVID-19 regarding childcare requirements, limited staff
availability, and the unknown public health guidance yet to be provided for summer, the team
has only been able to keep up with the present childcare needs. It is anticipated that summer
programming will continue to be expanded at multiple school sites to accommodate more
children in partnership with the District's extended learning programming and comply with
County and State health guidelines during the pandemic.
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Given the need, early approval from Council allows staff to meet and confer with SLOCEA and
advertise and market the positions for a desired June 10, 2021 start date. Staff wants to provide
continuity and quality care to the community and families, especially amidst these unprecedented
times.
Previous Council or Advisory Body Action
On April 20, 2021, Council reviewed and preliminarily approved the proposed recommended
budget amendments for the 21-23 Financial Plan, which included a list of SOBC’s, one of which
was reclassifying the Youth Services Site Specialists into six full-time equivalent positions,
eligible for pay and benefits of comparable regular positions and the associated ongoing costs
(see Strategic Budget Direction Council Reading File, Section E: Significant Operating Budget
Changes, page 71).
Policy Context
The City's Charter under Section 804 allows City Council to amend or supplement the budget by
motion adopted by a majority vote of the council. This request fulfills a Local Revenue Measure
G-20 priority which includes maintaining youth services. This request is part of the 2021-23
Economic Recovery Major City Goal work plan under 1.2 Business Support, whereby the City
will provide childcare programming to the community to enable residents to work and fuel the
local economy.
Public Engagement
Public comment on the item can be provided to the City Council through written correspondence
prior to the meeting and through public testimony at the meeting. The Youth Services program
has consistently maintained lengthy waitlists of children and families due to capacity
requirements and staffing ratio guidelines. Families have expressed challenges with the
relationships between children and teaching staff when there are staff turnover at the school sites.
In addition, Staff have routinely distributed online newsletters and surveys to the community and
families have expressed to the Department a need and desire for expanded childcare
programming and capacity.
CONCURRENCE
The City's internal Financial Plan Steering Committee concurs with the recommendation s
included in this report.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2020-2021
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $7,000 $93,227 $100,227
State
Federal
Fees
Other:
Total $7,000 $93,227 $100,227
On April 20, 2021, Council reviewed and preliminarily approved the proposed recommended
budget amendments for the 21-23 Financial Plan, including reclassifying the Youth Services Site
Specialists into full-time equivalent positions and the associated ongoing costs. There will be an
approximate fiscal impact of $7,000 from the reclassification and FTE approval for the
remaining 20 days of the current fiscal year, which can be accommodated within the Parks and
Recreation Department budget. Staff has included the annualized ongoing cost in the preliminary
financial plan that will be presented to Council on June 1, 2021.
ALTERNATIVES
The City Council could direct staff to wait to approve the request at the June 15, 2021 budget
adoption meeting. This alternative is not recommended due to the impacts to program start times
and current staffing vacancies.
Attachments:
a - Draft Resolution
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE RECLASSIFICATION OF 6
SUPPLEMENTAL YOUTH SERVICES SITE SPECIALISTS TO 6 FULL-
TIME EQUIVALENTS
WHEREAS, in accordance with the San Luis Obispo City Charter Section 802, the City
Manager submitted the 2020-21 Supplemental Budget to Council for its review and consideration
on June 2, 2020; and
WHEREAS, the Council approved and appropriated the 2020-21 budget allocation
including operating, debt service, and capital improvement plan budget; and
WHEREAS, the Youth Services Division has had recruitment challenges regarding
recruiting qualified Youth Services Site Specialist positions for at least the past five years; and
WHEREAS, a January 2020 compensation study illustrated the City’s Youth Services
staff salaries were behind the market by approximately 29%, with many benchmark agencies
providing full benefits to the Site Specialist position equivalent; and
WHEREAS, adjustments in the supplemental employee schedule has not retained staff at
the levels required to effectively run childcare programming; and
WHEREAS, the Youth Services division has lost qualified Site Specialists to full-time
positions within the City and externally; and
WHEREAS, childcare is in high demand within the City and throughout San Luis Obispo
County, providing competitive wages and benefits for these key positions are critical for the quality
and consistency of the overall program; and
WHEREAS, on April 20, 2021 Council reviewed and preliminarily the proposed
recommended budget amendments for the 21-23 Financial Plan, which included reclassifying the
Youth Services Site Specialists into 6 full-time equivalent positions, eligible for pay and benefits
of comparable regular positions and the associated ongoing costs; and
WHEREAS, in order to appropriately coordinate and operate summer programming,
which begins June 14, 2021, Parks and Recreation Department staff is requesting “early” approval
of the reclassification of six LBT Youth Services Employees to six FTEs to begin job posting and
recruitment immediately following Council approval.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 1. The 2020-21 budget is hereby amended to adopt six full-time equivalent
(FTE) positions as a result of a reclassification of six Limited Benefit Temporary staff to provide
quality childcare programming to the community.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Finance
Cost Center: 2001 Administration
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
SUBJECT: FISCAL YEAR 2021-22 CENTRAL SERVICE COST ALLOCATION PLAN,
COST OF SERVICES FEE CALCULATION, AND LABOR RATES
RECOMMENDATION
Approve the 2021-22 Central Service Cost Allocation Plan including the Cost of Services
Allocation and Labor Rates.
DISCUSSION
Cost Allocation and Reimbursement to the General Fund
Consistent with governmental best practices, the City annually prepares a formal Central Service
Cost Allocation Plan (CAP). One of the primary uses of the CAP is to quantify in dollars, the
relationship between administrative and support services contained within the General Fund and the
operations programs they support throughout the City. As such, the CAP provides reimbursement
for those services to the General Fund. The CAP can also be used to determine the appropriate
amount of administrative and support costs that may be charged to federal and state grants and
provides the base for the labor rates used for cost recovery charges.
The CAP is prepared using actual operating expenses from the last audited year and the resulting
cost allocations are programmed into the City’s budget two years later. Basing the CAP on the
audited financials allows the City to avoid the need to recalculate and true-up the allocations at a
later date and ensures that the allocation is based on actual cost and not budget assumptions. In this
case, the CAP is based on 2019-20 actual cost and the cost allocations are reflected in the 2021-22
proposed budget.
Two CAP Documents Required
There are two CAP documents presented. The first is a full cost plan which considers all
administrative and support costs that are allocated across all programs (Attachment A). The second
CAP is the “2 Code of Federal Regulations Part 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards” (2 CFR 200) (Attachment B). The 2 CFR
200 supersedes, consolidates, and streamlines requirements from the Office of Management &
Budget Circular A-87. The purpose of 2 CFR 200 is to streamline Federal government’s guidance
on administrative requirements, costs principles, and audit requirements to more effectively focus
Federal resources on improving performance and outcomes, while ensuring the financial integrity of
taxpayer dollars in partnership with non-Federal stakeholders. The 2 CFR 200 is used to determine
what cost can be allocated to federal grant programs.
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The 2 CFR 200 is used to allocate cost to the Transit Fund because it is mainly funded from the
Federal Transit Authority. Under the 2 CFR 200, the cost of the City Council are not allocated to
other programs.
The full cost version of the CAP establishes the allocable costs shown in the table below for the
Water, Sewer, Parking and Whale Rock Funds. The amounts shown in the column labeled
“Direct Billing Adjustments” represent amounts that offset the CAP-generated cost allocations to
the enterprise funds because certain costs can be charged back to the General Fund by the
programs that receive allocated costs from the CAP. The cost allocation for the Transit Fund is
reflective of the assessment within the 2CFR 200 CAP.
2021-22 Reimbursement Transfers (Full CAP)
Fund
Cost Allocation
Based on 2019-20
Actuals
Direct Billing
Adjustments Final Billing
Water $1,722,409 $0 $1,722,409
Sewer $1,712,752 $0 $1,712,752
Parking $869,887 $0 $869,887
Whale Rock $186,211 $0 $186,211
Total $4,491,259 $0 $4,491,259
2021-22 Reimbursement Transfers (2 CFR 200)
Fund
Cost Allocation
Based on 2019-20
Actuals
Direct Billing
Adjustments Final Billing
Transit $223,324 $0 $223,324
Total $223,324 $0 $223,324
Upon approval by the Council, the 2 CFR 200 certification will be signed by the Finance
Director/City Treasurer.
Cost of Services Analysis
In addition to the Cost Allocation Plan, the City has also prepared a Cost -of-Service analysis,
which establishes the annual cost of providing the Water and Sewer Enterprise Funds with access
to the City’s right-of way-property, as well as the cost of providing police and fire protection for
both funds in accordance with Proposition 218. As part of the fee analysis that was prepared,
enterprise facilities that are not within the City limits were excluded from consideration. This
document was incorporated into the Cost Allocation Plan as Appendix A.
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Water Enterprise 2020-21 2021-22
Public Safety $239,335 $230,214
Right of Way $597,564 $467,983
Total $836,899 $698,197
Sewer Enterprise 2020-21 2021-22
Public Safety $213,358 $223,767
Right of Way $449,746 $357,726
Total $663,104 $581,492
The labor rates applicable for 2021-22 are included in the Cost Allocation Plan as Appendix B.
Policy Context
The annual cost allocation plan informs the City of the true cost of delivering the services
through the various support departments and programs. This forms the base for policies related
to cost recovery goals, including reimbursement transfers and labor rates.
Public Engagement
This cost allocation plan is updated annually based on the City’s audited financials and the
annual financial report and adopted at a public meeting of the City Council.
CONCURRENCES
The Public Works and Utilities Departments have reviewed the CAP and concur with the
recommendations contained within this report.
ENVIRONMENTAL REVIEW
This is not a project under CEQA. The California Environmental Quality Act does not apply to
the recommended action in this report, because the action does not constitute a “Project” under
CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: N/A
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Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
The 2021-22 Central Services Full Cost Allocation Plan including Appendix A, net of direct billing
adjustments results in a total cost recovery of $5,994,271 in 2021-22, including the Cost of Services
reimbursement as outlined in Appendix A. This amount is consistent with the estimate that is shown
in the Five-Year Fiscal Forecast.
ALTERNATIVES
Do not approve the 2021-22 Central Services Full Cost Allocation Plan. This is not recommended
as the General Fund would bear the full costs for various programs, contracts, and agreements
provided on behalf of the City’s Enterprise Funds.
Attachments:
a - COUNCIL READING FILE - 2020 Cost Allocation Plan
b - COUNCIL READING FILE - 2020 2 CFR Part 200 Cost Allocation Plan
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Department Name: Community Services
Cost Center:
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Shelly Stanwyck, Assistant City Manager
Prepared By: Greg Avakian, Parks and Recreation Director
Michael Codron, Community Development Director
SUBJECT: ADOPTION OF ORDINANCE 1695 (2021 SERIES) AMENDING THE SAN
LUIS OBISPO MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING
CARTS), REQUIRING THE PRIVATE MANAGEMENT OF SHOPPING
CARTS AND RETRIEVAL OF CARTS FROM PUBLIC SPACES; AND
ORDINANCE 1696 (2021 SERIES) TO AMEND CHAPTER 12.04
(ENCROACHMENTS AND EXCAVATIONS) AND CHAPTER 12.20 (PARK
REGULATIONS), TO CLARIFY THAT TENTS AND SIMILAR
STRUCTURES ARE PROHIBITED ENCROACHMENTS IN CITY PARKS
RECOMMENDATION
1. Adopt the following Ordinances:
a. Ordinance 1695 (2021 Series) to add Chapter 8.10 (Attachment A) pertaining to the
unauthorized removal of shopping carts from retail establishments and to facilitate
retrieval of abandoned shopping carts; and
b. Ordinance 1696 (2021 Series) to amend Municipal Code Chapters 12.04 and 12.20
(Attachment B) to add language expressly clarifying that tents and similar structures are
prohibited encroachments in City parks.
DISCUSSION
Background
On April 13, 2021, the City Council introduced two ordinances. The fir st related to shopping
carts and the second to tents and similar encroachments erected in City parks. The Council
discussed both recommendations at length and made specific modifications to the shopping cart
ordinance to ensure that the burden of compliance will rest with the cart owner. There were no
changes to the tent ordinance, which clarifies the City’s practice and existing rules related to
prohibited encroachments in City parks.
1. Summary of Ordinance 1695 (2021 Series)
This ordinance adds Chapter 8.10 to the City’s Municipal Code to facilitate the
retrieval of abandoned shopping carts in the City of San Luis Obispo and defines
“abandoned or unattended shopping cart” as a cart that is “left unattended,
discarded or abandoned upon any public or private property other than the
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premises from which the shopping cart was removed, regardless of whether such
shopping cart was removed from the premises with the authorization or consent of
the cart’s owner.” The ordinance places the burden of retrieval on the shopping
cart owner by any business to allow or permit the removal of a shopping cart from
the owner’s premises. The ordinance establishes requirements for cart
containment and retrieval by cart owners, procedures for impoundment of
abandoned carts by the City, and recovery from the cart owner of fines and costs
incurred by the City.
2. Summary of Ordinance 1696 (2021 Series)
This ordinance amends Chapter 12.04 and 12.20 of the City’s Municipal Code to
clarify expressly that tents and similar structure are prohibited encroachments in
public parks. The purpose of the ordinance is to support the lawful use and access
to city parks by all community members consistent with the intended uses and
aesthetic qualities of City parks. The ordinance includes a specific definition for
tents, which includes any enclosed temporary physical structure that obstructs
activities within the structure from public view, excluding canopies and covers
that are open on all sides. The ordinance also provides that “Tent” shall not
include blankets, towels, mats, portable lawn chairs, unenclosed shade structures
not affixed to public property, or similar items for temporary use in conjunction
with otherwise lawful park use. Tents erected by express permission of the Parks
and Recreation Director in connection with a valid event permit are exempted.
Policy Context
In collaboration with regional and non-profit service providers, the City supports a variety of
special needs and supportive housing developments, including projects that directly reduce the
incidence of homelessness in the community. The proposed actions, in conjunction with ongoing
programs that support housing for homeless veterans and mentally fragile residents at risk for
homelessness, are consistent with the first Goal in the City’s recently adopted Housing Element,
which is Safety.
Proposed actions are also consistent with Measure G-20, a general-purpose measure with
language in the ballot measure including retaining local businesses, keeping public areas clean
and safe, and addressing homelessness, and with the City's 2020-21 Meta-Goal of San Luis
Obispo's stability, resiliency, and recovery.
Public Engagement
The focus of public engagement has been to inform, educate, and listen to concerns. The public
engagement on the topic of shopping carts has included business community outreach to
businesses with shopping carts, the San Luis Obispo Chamber of Commerce and Downtown
SLO.
SLOPD and others met with managers of large grocers and stores that have shopping carts to
explore options to manage and retrieve errant carts. These meetings were productive and did not
yield any changes in management or response from surrounding businesses.
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Public engagement on tents and other enclosed structures in parks has been a topic of discussion
with many members of the public providing both written and verbal directed feedback to staff
and Council. Concerns were expressed in relation for the parks to be inclusive, safe, and clean, as
well as the general impacts to community use of parks. As noted in this report, the Parks and
Recreation Commission will be continue to discus the impacts of various illegal activities
adjacent to children’s play areas and this advisory body will in addition to providing a public
forum for discussion make recommendation to Council on this topic.
CONCURRENCE
This report reflects a multi-departmental effort with the City Attorney, Administration, Police,
Fire, and Community Services Group including Community Development, Parks and Recreation,
Public Works, and Utilities all in concurrence with the recommendation.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that
there is no possibility that the proposed Municipal Code Amendments regarding the secur ity of
shopping carts and tents prohibition will have no effect on the environment (General Rule
Exemption CEQA Guidelines Sec. 15061(b)(3).
Additionally, the proposed ordinances would be exempt per CEQA Section 15301 Existing
Facilities, as there would be negligible or no expansion of use; CEQA Section 15308 Actions by
Regulatory Agencies for the Protection of the Environment, as the proposed ordinances are
intended to assure the maintenance and protection of the environment; and 15311 Accessory
Structures, regarding potential placement of on-premise signage needed for public notification
associated with the proposed ordinances.
FISCAL IMPACT
Budgeted: Yes/No Budget Year:
Funding Identified: Yes/No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total
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The introduction and modification of the two ordinances is not expected to have a measurable
fiscal impact to the core services current provided and which would continue.
The City is however expending significant General Fund monies toward homelessness solutions
and Council will be considering increased expenditures in the next two-year cycle. More
specifically, funds for the City’s CAT program and Downtown bicycle officers at $747,285;
Ranger Services and Public Works perform illegal and abandoned encampment clean-up and
maintenance at $679,000; and annual funding through Grants in Aid and to CAPSLO at
$150,000 and $157,000 respectively, total $1,733,285 that is spent annually on homelessness
solutions. An additional $300,000 for the Homelessness Response Manager contract position for
the next two years and $65,000 for the safe parking program at Railroad Square brings the total
to $2,098,285. Should expansion of the CAT program at $85,299, the MCU program at $300,000
and $63,826 in funds to expand bed a 40 Prado Homeless Services Center be approved, the total
funds dedicated to homelessness is $2,483,584.
ALTERNATIVES
1. Modify the ordinances as proposed. The City Council may modify the ordinances before
adoption. Depending on the scope of changes proposed, modification of the ordinances may
reintroduction during a subsequent public hearing.
2. Do not adopt the ordinances as proposed. The City Council may choose not to adopt one or
both of the ordinances. Staff does not recommend this alternative because the ordinances
reflect the direction of a majority of the City Council.
Attachments:
a - Ordinance 1695 (2021 Series)
b - Ordinance 1696 (2021 Series)
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O 1695
ORDINANCE NO. 1695 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 8, HEALTH AND SAFETY,
OF THE MUNICIPAL CODE TO ADD CHAPTER 8.10 PERTAINING TO
THE UNAUTHORIZED REMOVAL OF SHOPPING CARTS FROM
RETAIL ESTABLISHMENTS AND TO FACILITATE RETRIEVAL OF
ABANDONED SHOPPING CARTS
WHEREAS, The City has a substantial interest in promoting the public health, safety and
welfare of its residents, visitors and businesses, and the aesthetic qualities of the City; and
WHEREAS, Abandoned or unattended shopping carts off the premises of retail
establishments can interfere with pedestrian and vehicle traffic and the use of public streets,
sidewalks, public areas, and public rights-of-way, can constitute a hazard to streams, riparian areas
and other natural areas, and contribute substantially to litter, clutter and visual blight; and
WHEREAS, The purpose of this ordinance is to promote the public health, saf ety and
welfare and the aesthetic qualities of the City by regulating and prohibiting the removal of
shopping carts from the premises of retail establishments, including designated parking areas,
without the authorization or consent of the cart’s owner, and to regulate the retrieval and
disposition of abandoned or unattended shopping carts that are found off the premises of retail
establishments so as to:
1. Provide for pedestrian and vehicle safety;
2. Ensure that the flow of pedestrian or vehicle traffic, including ingress into or egress
from any residence, place of business, street, sidewalk, public area, public right -of-
way, or any legally parked or stopped vehicle, is not unreasonably interfered with;
3. Help protect streams, creeks, riparian areas, and other natural areas within the City; and
4. Reduce litter, clutter, and visual blight associated with abandoned or unattended
shopping carts.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The Council hereby finds and declares the following:
1. The above recitals are true and correct and are incorporated herein by reference.
2. Abandoned or unattended shopping carts that are found off the premises of retail
establishments, on either public property or private property, are hereby declared a
public nuisance.
SECTION 2. Title 8, Health and Safety, of the Municipal Code is amended to add Chapter
8.10 as follows:
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8.10.010. Authority and Purpose
This Chapter is adopted pursuant to Business and Professions Code Sections 22435 through
22435.8 and the City’s general police powers for the purpose of regulating and prohibiting
the removal of shopping carts from the premises of retail establishments, including
designated parking areas, without the authorization or consent of the shopping cart’s
owner, and to regulate the retrieval and disposition of abandoned or unattended shopping
carts that are found off the premises of retail establishments.
8.10.020. Applicability
This Chapter applies to all businesses located in the City that provide shopping carts for
customer use and to all shopping carts on and off the premises of businesses within the
City.
8.10.030. Administration
The Director is authorized to administer this chapter which includes, without limitation,
the ability to promulgate administrative policies and procedures to interpret, implement
and enforce this chapter.
8.10.040. Definitions
The following definitions apply to the use of these terms for purposes of this chapter:
A. “Abandoned or unattended shopping cart” means a shopping cart which is left
unattended, discarded or abandoned upon any public or private property other than the
premises from which the shopping cart was removed, regardless of whether such
shopping cart was removed from the premises with the authorization or consent of the
cart’s owner.
B. “Director” means the Community Development Director, or their designee.
C. “Occurrence” means the retrieval or impoundment by the City pursuant to this chapter
of all shopping carts of an owner in a one-day period.
D. “Owner” means a person who owns or provides shopping carts for the use by customers
in connection with the conduct or operation of a business. “Person” includes, without
limitation, corporations, partnerships, and all other legal entities, and officers,
employees, and authorized agents of an owner.
E. “Premises” means the entire area owned and utilized by a retail establishment that
provides shopping carts for use by customers, including any parking lot or other off -
street area provided by or for an owner for use by customers for parking automobiles
or other vehicles. For retail establishments that share a parking lot or off-street area for
parking with other retail establishments, premises includes the entire parking lot or off-
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street area for parking that is provided for use by customers of the retail establishments
that share the parking lot or off-street area for parking.
F. “Public areas” include, without limitation, City-owned properties, open spaces, parks,
streams, creeks and riparian areas, public parking garages, portions of private property
that are outdoor common areas of any building, business premise, apartment building
or complex, or other premise, or any portion thereof, which is adjacent to public
property and is open to the public.
G. “Retail establishment” means any business located in the City of San Luis Obispo
which offers or provides shopping carts for the use of the customers of such business
regardless of whether such business is advertised or operated as a retail or wholesale
business, and regardless of whether such business is open to the general public, is a
private club or business, or is a membership store.
H. “Shopping cart” means a basket mounted on wheels or a similar device generally used
in a retail establishment by a customer for the purpose of transporting goods of any
kind.
8.10.050. Required Signs and Identification
A. Every owner must permanently affix to each shopping cart owned or provided by the
owner a sign that includes the following information:
1. Identification of the owner of the shopping cart or the retail establishment to which
it pertains, or both.
2. Notification that the unauthorized removal of the shopping cart from the premises
of the retail establishment, or the unauthorized possession of the shopping cart, is a
violation of law.
3. Notification of the procedure for authorized removal of the shopping cart from the
premises.
4. A telephone number or address for returning the shopping cart to its owner or to
the retail establishment identified thereon.
B. In addition to signs on its shopping carts, every business that owns or provides shopping
carts for use by its customers shall post conspicuous signs at or near all customer
entrances and exits and at or near each entrance and exit to its parking lotor off -street
parking area warning customers that removal of shopping carts from the premises is
prohibited without written authorization by the owner.
8.10.060. Prohibitions
It is unlawful for any business to allow or permit the removal of a shopping cart from the
premises of the cart’s owner.
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8.10.070. Cart Containment and Retrieval by Owners
A. Daily Cart Confinement. All shopping carts located on the premises of a retail
establishment (other than an establishment open for business twenty-four hours per
day) must be collected at the end of each business day by the owner, employees, or
authorized agents of the retail establishment and be collectively confined in a secured
manner in a designated cart confinement area on the premises until the commencement
of the next business day. All shopping carts located on the premises of any retail
establishment open for business twenty-four hours per day, other than carts then
currently in use by a customer, must be collected by the owner, employees, or
authorized agents of the retail establishment and returned to a designated cart
confinement area on the premises at least twice per calendar day between the hours of
twelve p.m. (noon) and twelve a.m. (midnight) on each day the retail establishment is
open for business.
This section does not apply to:
1. Shopping carts located within an enclosed building.
2. Shopping carts removed from the premises of a retail establishment for purposes of
repair or maintenance that are in the possession or custody of the party to whom
removal has been authorized in writing by the shopping cart owner.
3. Shopping carts being transported by the owner, or an officer, employee, or
authorized agent of the owner, to or from a business location of the owner.
B. Prompt Retrieval of Carts. All abandoned shopping carts of a retail establishment that
are found off the premises of the retail establishment must be retrieved as soon as
practicable by the owner, or an authorized agent of the owner, including a cart retrieval
service retained by the owner, but in no case longer than three business days after the
owner has discovered or has been notified that the abandoned cart is off the premises
of the retail establishment.
C. Retrieval Services. Persons retained to perform shopping cart retrieval services must
carry written authorization from the owner to be presented upon request by the
Director. Vehicles used by retrieval services must bear conspicuous signs identifying
the name of the cart retrieval service.
8.10.080. Impoundment and Retrieval of Abandoned Shopping Carts
A. The Director may retrieve and impound any abandoned shopping cart pursuant to and
in accordance with the provisions Business and Professions Code Section 22435.7.
B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to
it in accordance with the provisions of this chapter and Business and Professions Code
Section 22435.1 may be impounded by the City provided both of the following
conditions are met:
1. The shopping cart is located outside the premises or parking area of a retail
establishment; and
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2. Except as provided in the Impoundment Without Three-day Notice section of this
chapter, the shopping cart is not retrieved within three business days from the date
the owner of the shopping cart, or his or her agent, receives actual notice from the
City of the shopping cart’s discovery and location.
C. Impoundment Without Three-day Notice.
1. The City may retrieve and impound any abandoned shopping cart without first
giving three-days’ notice provided:
a. The Director provides actual notice to the owner, or his or her agent, of the
impoundment of the shopping cart within twenty-four (24) hours following the
impound;
b. The notice informs the owner, or his or her agent, of the location where the
shopping cart may be claimed;
c. Any shopping cart reclaimed by the owner, or his or her agent, within three
business days after the date of actual notice to the owner, or his or her agent, of
the impound, must be released and surrendered to the owner, or his or her agent,
at no charge, including the waiver of any impound and storage fees or fines
which otherwise would be applicable; and
d. The shopping cart is held at a location that is both:
1. Reasonably convenient to the owner of the shopping cart; and
2. Open for business at least six (6) hours of each business day.
D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services.
The Director or designee may immediately retrieve and impound any shopping cart
from public or private property if the location of the shopping cart impedes emergency
services.
E. Any cart reclaimed by the owner or their agent within three business days from the date
the owner of the shopping cart, or their agent, is given actual notice by the City of the
shopping cart’s discovery and location, or impoundment, shall not be deemed an
occurrence for purposes of this chapter.
F. The owner of any shopping cart that is not reclaimed within three business days after
the date the owner has been given actual notice by the City of the shopping cart’s
discovery and location, or impoundment, is subject to prosecution or the imposition of
administrative costs, fees, fines, interest and other penalties applicable under this
chapter commencing four business days after the date of notice.
G. Any shopping cart not reclaimed from the City within thirty (30) days of receipt by the
owner, or the owner’s agent, of actual notice from the City of the cart’s discovery and
location, or impoundment, and any shopping cart, the owner of which cannot be
determined, may be sold, or otherwise disposed of by the City.
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8.10.090. Recovery of Fines and Costs by City
A. Pursuant to Business and Professions Code Section 22435.7(f), any owner that fails to
retrieve the owner’s shopping cart or shopping carts within three business days from
the date of being given notice of the cart’s or carts’ discovery and location, or
impoundment, by the City, is guilty of a violation of this chapter and may be punished
with an administrative fine of fifty dollars ($50) for each occurrence in excess of three
during the six-month period starting January 1 and ending on June 30 or the six-month
period starting July 1 and ending December 31 of each calendar year.
B. In addition to the fines imposed above, the owner shall pay the City’s actual costs for
retrieving and storing the owner’s shopping cart or carts except when the owner, or
their authorized agent, reclaims their cart or carts within three business days from being
given notice of the cart’s or carts’ discovery and location, or impoundment, by the City,
in which case, all fines, costs and fees shall be waived.
8.10.100. Disposal of Abandoned Shopping Carts
The Director or designee may sell or otherwise dispose of any abandoned shopping cart
that has not been reclaimed by its owner within thirty (30) days after the owner receives
notice of the cart’s or carts’ discovery and location, or impoundment, by the City, or for
which the owner of the shopping cart cannot be determined by the City.
8.10.110. Violation – Penalty
Any person who violates any provision of this Chapter is guilty of an infraction and is
subject to punishment as provided for in Chapter 1.12 (General Penalty) or as provided
under Chapter 1.24 (Administrative Code Enforcement Procedures).
SECTION 3. Publication. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This ordinance
shall go into effect at the expiration of thirty (30) days after its final passage.
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Ordinance No. 1695 (2021 Series) Page 7
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SECTION 4. Severability. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be considered a separate, distinct, and independent
provision and such holding shall not affect the validity and enforceability o f the other provisions
of this Ordinance.
INTRODUCED on the 13th day of April 2021, AND FINALLY ADOPTED by the Council
of the City of San Luis Obispo on the ____ day of ________ 2021, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
______________________________
Teresa Purrington,
City Clerk
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ORDINANCE NO. 1696 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 12.04 AND CHAPTER
12.20 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO CLARIFY
EXPRESSLY THAT TENTS AND SIMILAR STRUCTURES ARE
PROHIBITED ENCROACHMENTS IN PUBLIC PARKS
WHEREAS, The City has a substantial interest in promoting the public health, safety and
welfare of its residents, visitors and businesses, and the safety and aesthetic qualities of City parks
and recreational facilities; and
WHEREAS, longstanding City encroachment regulations prohibit the erection of
structures in public places, including parks, without a permit; and
WHEREAS, there has been a proliferation of tents in public parks accompanied by an
increase in public complaints to the City of adverse behaviors and interactions in parks, including
drug and alcohol abuse, and associated verbal and physical intimidation, aggression and adverse
interactions among park users; and
WHEREAS, increased instances of erection of tents and other enclosed structures in parks
obscures adverse and illegal activities from public view, contributes substantially to the
accumulation of litter, clutter and visual blight, can interfere with pedestrian circulation, can
obstruct or interfere with the lawful use of park areas by the general public for their intended
recreational uses, and inhibits the effective regulation and enforcement against illegal activities in
the parks; and
WHEREAS, continuous presence of tents in park areas during hours of operation
interferes with daily park maintenance to ensure safe and proper upkeep; and
WHEREAS, the purpose of this ordinance is to promote the public health, safety and
welfare and support lawful use and access to city parks by all community members consistent with
the intended legal uses and aesthetic qualities of city parks by:
(1) Providing for unobstructed, open public views of public park areas and activities
conducted in public park areas to deter unsafe and illegal activities in the parks, to facilitate
compliance with laws, and to protect the public, health safety and welfare of all park users;
(2) Preventing interference with or obstructions of the flow of pedestrian circulation by the
placement of tents and large volumes of personal belongings in pedestrian paths of travel;
(3) Discouraging the establishment of residential uses of parks facilitated by tents, which have
been observed to result in violations of park hours of operation, as well as illegal and
unsanitary accumulation and disposal of litter, clutter, and visual blight associated with the
occupation of tents in the parks;
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Ordinance No. 1696 (2021 Series) Page 2
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows/or that (whatever action is needed):
SECTION 1. Encroachment Amendments. Section 12.04.020 B (Encroachments
Restricted) of Chapter 12.04 (Encroachments and Excavations) of the San Luis Obispo Municipal
Code is hereby amended to include express reference to the application of the encroachment
regulations related to the erection of tents in public parks, to read as follows:
12.04.020 Encroachments restricted.
B. For purposes of this chapter, encroachments shall not include activities regulated as
parades or special events pursuant to Chapter 5.80. Additional clarification of the
application of these provisions to the use of tents or other enclosed structures in public
parks are set forth in Chapter 12.20 (PARK REGULATIONS) of this code.
SECTION 2. Section 12.20.02 (Definitions) of Chapter 12.20 (PARK REGULATIONS),
is hereby amended and renumbered to clarify the definition of “park” and add a definition of “tent”,
to read as follows:
12.20.020 Definitions.
The following words shall have the meaning indicated when used in this chapter:
A. “Amplified sound” means music, sound wave, vibration or speech projected or
transmitted by electronic equipment, including amplifiers.
B. “Director” means the director of parks and recreation or other person authorized by him
or her, pursuant to law, to act in his or her stead.
C. “Park” means any parkland, playground, beach, or recreational facility, including any
parking lots, open space, creek, or any other area or structure accessory thereto under
the operational control of the Parks and Recreation Department of the City of San Luis
Obispo.
D. “Permit” or “reservation” means written authorization for exclusive use of parks or
buildings, or portions thereof, as provided for and defined by this chapter.
E. “Tent” means any enclosed temporary physical structure that obstructs activities within
the structure from public view, excluding canopies and covers that are open on all sides.
“Tent” shall not include blankets, towels, mats, portable lawn chairs, unenclosed shade
structures not affixed to public property, or similar items for temporary use in
conjunction with otherwise lawful park use.
F. “Vehicle” means any device by which any person or property may be propelled, moved
or drawn, excepting a device moved by human power.
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Ordinance No. 1696 (2021 Series) Page 3
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SECTION 3. Section 12.20.040 (Rules and regulations applicable in city parks.) of
Chapter 12.20 (PARK REGULATIONS), is hereby amended to add a section expressly clarifying
the prohibition against tents in public parks, to read as follows:
F. It shall be unlawful for any person to erect, establish or occupy a Tent in any Park,
except by express permission of the Director; in connection with a valid event permit
issued by the Department; or as otherwise provided by resolution of the City Council.
SECTION 4. All Prior ordinances, resolutions or administrative orders relating to parks
regulations are hereby superseded to the extent inconsistent herewith.
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
New Times, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 13th day of April 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2021, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington,
City Clerk
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Department Name: Finance
Cost Center: 2001
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Esteban Cano-Gutierrez, Financial Analyst – Infrastructure Financing
SUBJECT: SECOND READING OF ORDINANCE NO. 1697 (2021 SERIES)
APPROVING THE LEVY OF THE SPECIAL TAX FOR THE SAN LUIS
RANCH COMMUNITY FACILITIES DISTRICT.
RECOMMENDATION
Adopt Ordinance No. 1697 (2021 Series) entitled, “An Uncodified Ordinance of The City of San
Luis Obispo, California, levying a Special Tax for the fiscal year 2021-2022 and following fiscal
years solely within and relating to the City of San Luis Obispo Community Facilities District No.
2019-1 (San Luis Ranch).”
DISCUSSION
Background
On April 20, 2021, the City Council voted 4:0:1 to introduce Ordinance No. 1697 (2021 Series),
levying a special tax for the San Luis Obispo Community Facilities District No. 2019-1 (San
Luis Ranch). The ordinance sets forth the special tax levy for fiscal year 2021-22 and all
subsequent fiscal years and is solely applicable within the boundaries of the San Luis Ranch
Community Facilities District.
Policy Context
The approved San Luis Ranch Specific Plan and related entitlements are consistent with the
City’s adopted General Plan, and findings to that effect were made in both the original project
approved in July 2017 as well as the amended project approval in August 2018. An evaluation of
the project’s consistency with General Plan policies is discussed at length in Section 4.9 of the
certified Final Environmental Impact Report.
The Specific Plan requires that funding mechanisms be included to ensure that public
infrastructure is coordinated with future development under the plan. The formation of a CFD
was consistent with this requirement. A CFD, as enabled by the Community Facilities District
Act of 1982, allows a local jurisdiction to levy a special tax within a specified area to pay for
public services and/ or infrastructure needed within the area.
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The City’s Financial Policies, under Section 9.E and F.1. outline the City’s administration of
land-based financing and special tax district administration.
Public Engagement
The introduction of the Ordinance was part of a public hearing before the City Council and
advertised on April 8, 2021. The Council Agenda of the meeting has been made public one week
prior and the meetings is open to the public.
The landowners of the properties subject to the tax have been notified and provided the
necessary ballots to vote on the special tax district. The vote was reported on in public session
during the April 20, 2021 meeting and the special tax approval passed.
CONCURRENCE
The Community Development Department concurs with the recommendations contained within
this report. The landowners of the district approved the special tax levy by majority vote.
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: 2020-21
Funding Identified: Yes
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 fiscal impact to the City related to the adoption of the Ordinance. The special tax will
be levied on the land and property owners of the district and pay for the infrastructure and related
bond indebtedness of the district.
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ALTERNATIVES
Do not conduct the second reading and adoption of the Ordinance. The City Council could
choose not to adopt the proposed Ordinance, in which case the CFD process is not completed.
That means the project will not move forward without the authorization to levy the special tax in
the San Luis Ranch CFD to cover the bonded debt payments that will provide, among other
things, funding for Prado Road Interchange.
Attachments:
a- Ordinance No. 1697 (2021 Series)
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ORDINANCE NO. 1697 2021 SERIES
AN UNCODIFIED ORDINANCE OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, LEVYING A SPECIAL TAX FOR THE FISCAL YEAR 2021-2022
AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO
THE CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (SAN LUIS RANCH)
WHEREAS, the City Council of San Luis Obispo (the Council) conducted proceedings
under and pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of
1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State
of California), and all laws amendatory thereof or supplemental thereto to form its Community
Facilities District No. 2019-1 San Luis Ranch and authorized a special tax to finance certain
public facilities; and
WHEREAS, the Council also authorized the issuance of debt to finance the facilities,
and established the appropriations limit for the Community Facilities District, all as set forth in
Resolution No. 10998 (2019 Series) and Resolution No. 10999 (2019 Series) adopted on April 2,
2019; and
WHEREAS, the Council adopted Ordinance No. 1661 (2019 Series) on April 16, 2019,
to approve the levy of a Special Tax in connection with San Luis Ranch Communities Facilities
District and its approved Rate and Method of Apportionment; and
WHEREAS, on March 16, 2021, the Council adopted its Resolution No. 11233 (2021
series) (the “Resolution of Consideration”) in which it determined to consider updating the Rate
and Method of Apportionment due to substantial changes in the development; and
WHEREAS, on April 20, 2021 the City Council adopted a Resolution Calling a Special
Mailed-Ballot Election, related to change proceedings within the San Luis Ranch Community
Facilities District; and
WHEREAS, the landowners within the San Luis Ranch Community Facilities District
have completed the ballots and return the results to the City Clerk with at least two-thirds
approving the amendment; and
WHEREAS, in connection with the ballot results, the City Council has therefore adopted
a Resolution of Change on April 20, 2021 related to the San Luis Ranch Community Facilities
District Rate and Method of Apportionment; and
WHEREAS, the action does not constitute a “Project” under California Environmental
Quality Act Guidelines Sec. 15378 and therefore they are not applicable.
THEREFORE, IT BE ORDAINED by the City Council of the City of San Luis Obispo
does as follows:
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Resolution No. 1697 (2021 Series) Page 2
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SECTION 1. Pursuant to Government Code section 53340, Resolution No. 10998 (2019
Series), adopted by the City Council (the “City Council”) of the City of San Luis Obispo (the
“City”) on April 2, 2019 (the “Resolution of Formation”), Resolution No. 11233 (2021 Series),
adopted by the City Council on March 16, 2021 (the “Resolution of Consideration”) and
Resolution No. 11239 (2021 Series) adopted by the City Council on April 20, 2021 (the
“Resolution of Change” and, collectively with the Resolution of Formation and the Resolution of
Consideration, the “Resolutions”), and in accordance with the Amended and Restated Rate and
Method of Apportionment of Special Tax (the “RMA”) set forth in Exhibit A to the Resolution
of Consideration, relating to the City of San Luis Obispo Community Facilities District No.
2019-1 (San Luis Ranch) (the “Community Facilities District”), a special tax is hereby levied on
the Community Facilities District for the 2021-2022 fiscal year and for all subsequent fiscal
years in the amount of the maximum special tax authorized under the Resolutions and the RMA,
provided that this amount may be adjusted annually, subject to the maximum authorized special
tax under the Resolutions and the RMA.
SECTION 2. The Finance Director of the City of San Luis Obispo or designee thereof
(the “CFD Administrator”) or such other officer or staff member succeeding to the duties of the
CFD Administrator with respect to the Community Facilities District, with the aid of the
appropriate officers and agents of the City and without further action of the City Council, is
authorized and directed (a) to determine each year the appropriate amount of the special tax
(pursuant to and as provided in the Resolutions and the RMA), (b) to prepare the annual special
tax roll in accordance with the Resolutions and the RMA and (c) to provide all necessary and
appropriate information to the County of San Luis Obispo (the “County”) Tax Collector in
proper form, and in proper time, necessary to effect the correct and timely billing and collection
of the special tax on the secured property roll of the County; provided, that as provided in
Section 53340 of the California Government Code, the Resolutions and the RMA, the City
Council has reserved the right to utilize any other lawful means of billing, collecting, and
enforcing the special tax, including direct billing, supplemental billing, and, when lawfully
available, judicial foreclosure of the special tax lien.
SECTION 3. The appropriate officers and agents of the City are authorized to make
adjustments to the Special Tax roll prior to the final posting of each Special Tax to the County
tax roll each fiscal year, as may be necessary to achieve a correct match of each Special Tax levy
with the assessor’s parcel numbers finally utilized by the County in sending out property tax
bills.
SECTION 4. The City agrees that, in the event either Special Tax is collected on the
secured tax roll of the County, the County may add its reasonable and agreed charges for
collecting the related Special Tax from the amounts collected, prior to remitting the related
Special Tax collections to the City.
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SECTION 5. Taxpayers who have requested changes or corrections of the Special Tax
pursuant to Section 8 of the RMA and who are not satisfied with the decision of the CFD
Administrator (whether the CFD Administrator disagrees with the taxpayer or concludes that the
City is not authorized to consider the change requested), may appeal to the City Council. The
appeal must be in writing and fully explain the grounds of appeal and must be based solely on
the correction of mistakes in the levy based upon the status of the property, and no other appeals
will be allowed. The CFD Administrator shall schedule the appeal for consideration within a
reasonable time at a City Council meeting.
SECTION 6. If, for any reason, any portion of this ordinance is found to be invalid, or
if the special tax is found inapplicable to any particular parcel by a court of competent
jurisdiction, the balance of this ordinance, and the application of the special tax to the remaining
parcels shall not be affected.
SECTION 7. This ordinance shall take effect and be in force immediately as a tax
measure; and before the expiration of twenty (20) days after its passage the same shall be
published in summary, with the names of the members voting for and against the same, at least
once in a newspaper of general circulation published and circulated in the Community Facilities
District.
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Resolution No. 1697 (2021 Series) Page 4
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SECTION 8. Ordinance No. 1661 (2019 Series) adopted by the City Council on April
16, 2019, is hereby superseded to the extent it is inconsistent with this ordinance.
INTRODUCED on the 20th day of April 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ___ day of _____ 2021, on the following vote:
AYES:
NOES:
ABSENT:
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Police
Cost Center: 8001
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Brian Amoroso, Acting Chief of Police
SUBJECT: POLICE DEPARTMENT 2019/2020 CRIME COMPARISON AND UPDATE
RECOMMENDATION
Receive and file the 2020 Police Department crime report.
REPORT-IN-BRIEF
On May 4th, staff will provide the City Council with a presentation (Attachment A) and update
regarding Police Department activities for 2020. This update will provide Council with
information regarding community outreach, crime, police operations, homelessness, traffic, noise
and downtown.
At the conclusion of 2020, the Police Department saw a 10% increase in violent crime and a 7%
decrease in property crime, with a 5% decrease in Part I crime overall. The presentation that will
be presented on May 4th will highlight the department’s efforts with intelligence led and
community policing efforts, review some of the challenges the department faced in 2020, detail
some of the reasons San Luis Obispo experienced changes in crimes, discuss the Police
Department’s continued community outreach, review noise related calls for service, and briefly
discuss some of the continued challenges faced in 2021.
At the beginning of FY 2021, police staffing was at 91.5 FTEs. Staffing remained static through
2020, however the FTEs have recently been reduced by one Cannabis Detective position (90.5
FTEs) as the City transitions Cannabis application and processing to an outside entity.
DISCUSSION
Community Outreach:
The Police Department is incredibly fortunate to have a community in San Luis Obispo that
understands many of the challenges and routinely partners with the City to foster a positive
public relation and to establish a safer community. One of the Police Department’s primary goals
is to reduce harm. SLOPD reduce harm by reducing crime and victimization, reducing traffic
collisions, and increasing multi-modal safety, strengthening our regional partnerships,
strengthening the health and well-being of our employees, and strengthening the relationship
with the community SLOPD serves.
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To meet our goal of reducing harm by strengthening our community/police relationship, we
started the PACT (Police and Community Together) in January 2017. PACT represents a
committed and diverse group of community members/advocates that partner with law
enforcement to affect positive social change through dialogue, education and understanding.
Currently, PACT has representation from major groups representing the Jewish, Black, Latino,
Muslim, LGBTQ, Interfaith, Student and Homeless/Mentally Ill communities. The police
department has Officers that serve as liaisons to each of these groups, then report back monthly
to each other about what each group is working on. The liaisons connect with and learn about
their respective communities, then serve as a conduit between the police department and the
community. Additionally, the community works with law enforcement to develop training that is
important for law enforcement to experience, and in turn, SLPD can educate them about
policing.
In 2020, SLOPD continued the partnership with the Homeless Services Oversight Council
(HSOC), Transitions Mental Health, County Behavioral Health, and the Sheriff’s Office to
address concerns surrounding homelessness and impacts within our community. The HSOC has
proven to be a successful endeavor as the department all look for reasonable, fair, and common-
sensed solutions to homelessness county -wide.
Lastly, police officers assigned to neighborhoods continued to attend neighborhood outreach
meetings to discuss current issues and neighborhood safety. Outreach was already in place, such
as the neighborhood officer program, neighborhood outreach and civility effort and Cal Poly
partnerships, and those have and will continue to grow. The COVID-19 pandemic created
challenges in the neighborhoods as many families social distanced by staying at home and the
public health orders prohibited gatherings for most of the year. SLOPD anticipates that the
second half of 2021 will be a busy time as life returns to normal activity.
Crime:
Overall, SLOPD has had continued success with intelligence led policing efforts. The City of
San Luis Obispo experienced an unprecedented increase in crime since 2015 (21% from 2014 to
2015), and that trend continued in 2016 (11% from 2015 to 2016). After starting a part time
crime analyst in 2017, SLO realized a 13% reduction in Part I crime from 2016 to 2017. Based
on the success of the part-time Public Safety Analyst, the Council authorized and funded a
fulltime benefited position, which began in early 2019. The Department’s Crime Analyst has
continued to focus attention on high-crime places and high-rate offenders to effectively reduce
crime within the community. The analyst continues to help SLOPD staff and officers understand
when, where, and how to focus limited resources, as well as how to evaluate the effectiveness of
the strategies. Sound public safety analysis has been paramount to the success. In 2020, the
Crime Analyst continued to work closely with City GiS to further refine the weekly crime
reports and dashboard to convey near real-time analysis of violent and property crimes,
interactive mapping, and case summaries. This dashboard has been very successful and was
made available to the public in 2020 via the City’s website.
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By the end of 2020, SLO realized a 10% increase in violent crime and a 7% decrease in property
crime, with a 5% decrease overall. Throughout 2020, SLOPD saw an 11% decrease in the
number of reported sexual assaults over 2019. The trend reflects the results of the pandemic and
is likely attributed to a lack of dating and celebratory opportunities due to the public health
orders and the closure of the restaurant and bar scene for a large portion of the year.
In 2020 SLOPD saw a 9% increase in the number of residential burglaries, while commercial
burglaries saw a slight 1% decrease. This is likely due to the pandemic with persons spending
more time at home and less activities in commercial districts and establishments.
SLOPD continued to receive complaints regarding adverse homeless behavior in the downtown,
City parks and other facilities and in the creeks and open space. Many of these behaviors can be
attributed to substance abuse, mental illness, or a combination of both. In 2018 SLOPD added a
full-time mental health specialist to the Community Action Team (CAT). Transitions Mental
Health Association (TMHA) was awarded the contract from County Behavioral Health and
worked with SLOPD to hire John Klevins. At the conclusion of 2020, after a second year of
collaboration, SLO downtown had a 23% decrease over 2019 in calls for service and a 16%
reduction in Downtown Homeless calls for service.
The COVID-19 pandemic is directly responsible for many of the call for service and crime
trends seen in 2020. The City of San Luis Obispo was all but shut down for several months,
which resulted in reduced calls for service, especially downtown. During the height of the
pandemic, officers were responding to priority calls for service, but were not conducting
proactive enforcement as the Police Department balanced continued enforcement with the need
to maintain a healthy officer core to respond to emergencies. Conversely, officers responded to
numerous public health calls regarding business operations, social gatherings, and mask
regulations. The Police Department has continued to work closely with Code Enforcement and
City Leadership to educate the public as to the evolving orders, rules and regulations as they
relate to COVID-19.
Although starting the year fully staffed, the department suffered a decrease in staffing due to
retirements, COVID leave including quarantine and illness, and numerous long-term on-duty
injuries. Several specialty units have been operating at a reduced staffing level including CAT,
Special Enforcement Team (SET) and the Traffic Unit.
Hiring to fill vacancies has continued to be extremely challenging for the Police Department.
Like many law enforcement agencies, the department is having difficulty recruiting lateral
employees. Hiring/retention continues to be a major challenge for both sworn officers and
civilian communications personnel. SLOPD has completed a recruitment video, strengthened the
outreach on Social Media and within communities outside of SLO County, and implemented a
hiring bonus for out of county laterals. Despite these efforts, the department saw several Officers
accept jobs at other Law Enforcement agencies. SLOPD anticipates sending up to six new
cadets to the Police Academy in June 2020 with an expected graduation of 12/2020.
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PART 1 CRIMES
Violent Crime Property Crime
2019 2020 2019 2020
1st Half % change 1st Half % change
Homicide 0 0 0% Commercial Burglary 104 84 -19%
Rape 18 19 5% Residential Burglary 51 40 -18%
Robbery 17 17 0% Theft from Vehicle 243 184 -24%
Agg. Assault 58 73 26% Stolen Vehicle 27 46 70%
General Theft 493 392 -20%
Total 1st Half 93 109 17%
Total 1st Half 918 746 -18%
2nd Half % change
Homicide 0 1 100% 2nd Half % change
Rape 21 18 -14% Commercial Burglary 69 87 26%
Robbery 17 11 -35% Residential Burglary 53 73 38%
Agg. Assault 56 66 18% Theft from Vehicle 191 208 9%
Stolen Vehicle 47 71 51%
Total 2nd Half 94 96 2% General Theft 460 435 -5%
Total Year Violent 187 205 10% Total 2nd Half 820 874 7%
Total Year Property 1738 1620 -7%
2019 2020 % Change
Total Part I Crime 1925 1825 -5%
Police Operations:
Records:
In the Records Division, the number of reports processed went from 6,828 in 2019 to 5,685 in
2020. (17% decrease) The number of citations processed by the Records Division decreased
from 4,683 in 2019 to 3,215 in 2020. (31% decrease) The number of Public Records Act requests
increased, from 61 in 2019 to 66 in 2020.
Property:
In the Property Division, the number of Evidence Items booked increased from 7,294 in 2019 to
7,551 in 2020. (3.5% increase) Discovery Orders processed increased from 666 in 2019 to 939 in
2020. (41% increase). WatchGuard video recorded decreased from 74,294 in 2019 to 54,877 in
2020. (26% decrease) WatchGuard Video/Cases booked in as evidence increased from 1083 in
2019 to 1253 in 2020. (16% increase) The numbers are by case number, not by the number of
videos in each case, which can be upwards of 10-15 videos per case.
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Dispatch:
In the Communications Center staff saw an increase regarding the number of calls into the
center. The number of calls received decreased by 6%, from 111,193 in 2019 to 104,636 in 2020.
Calls for service increased by 1% from 37,943 in 2019 to 38,289 in 2020. Dispatch has had
several vacancies throughout 2020 due to retirements and resignations. The department recently
started training one new Dispatcher and a second is expected to compete the hiring process by
the end of May 2020.
Investigations:
In the Investigations Bureau, the number of cases assigned for follow up by an Investigator went
up from 276 in 2019 to 303 in 2020. (10% increase). The Special Enforcement Team (SET –
four Officers) has been staffed at 75% capacity for 2020, and they have handled multiple
complex investigations and special enforcement objectives including the resolution of a house in
the downtown causing significant disruption to the neighborhood due to illegal narcotic activity.
In 2020, the Investigations Bureau also had three of the five investigator positions turnover and
start new in the unit, requiring additional training time to become a proficient investigator.
Staffing:
During 2020, the Police Department lost approximately 16,716 hours due to illness, vacation, on-
duty injuries, and other assorted leave types. This total equates to a loss of eight officers for the
year. The average uniformed officer handles roughly 900 calls for service per year assuming full
staffing levels.
Homelessness:
This past year the police department responded to numerous complaints regarding the increase in
transient camp occupancies and locations. In addition, City Park facilities have become an area
of concern as homeless individuals have attempted to camp in the parks, erecting tents and other
structures. The Community Action Team, City Rangers and patrol officers increased their
presence in known transient camp locations and parks to enforce violations committed in their
presence. The challenge law enforcement often faces is when there is no law or city code
violation being committed, but there is considerable nuisance behavior. Being homeless in a
space open to the public is not a crime. SLOPD has continued to educate and encourage the
public and business owners to contact the police department when they observe violations being
committed. COVID-19 created additional challenges throughout the year as several court rulings
and statewide guidelines prevented the booking of low-level offenders in County Jail and halted
most of the camp cleanups, causing friction between homeless individuals and advocates and
other city residents.
In evaluating calls for service pertaining to the homeless population during 2020 (to include
contacts as suspects, victims or witnesses) these contacts increased by 312 for a total increase of
4% compared to 2019. In 2020 the police departments overall calls for service increased by the
same 4%. Homeless related calls for service accounted for 22% of all cal ls for service citywide,
equal to the percentage last year.
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Traffic:
The Police Department saw a significant systemic decrease in traffic related issues for 2020.
Vehicle collisions decreased by 51%, pedestrian involved collisions decreased 39%, and
collisions involving bicycles decreased 48%. SLOPD has continued to focus on public outreach
related to bicycle safety and primary collision factors related to these accidents. The reduction in
vehicle, pedestrian, and bicycle collisions in 2020 correlates to the COVID-19 pandemic and the
stay-at -home order and shutdown of most businesses and services throughout the City.
In 2020, SLOPD received a grant through the Office of Traffic Safety (OTS) which funded 10
saturation patrols, 4 traffic enforcement operations, 4 distracted driving operations, 2
bicycle/pedestrian operations and one DUI Checkpoint. Most of the OTS grant activities were
modified to solo patrol activities to comply with COVID-19 restrictions and ensure the safety of
our staff. Traffic and patrol continue to collaborate with Public Works to examine collision prone
locations in our City to address through education, enforcement, and engineering efforts. In
2020, there was a 38% decrease in traffic citations issued and a 44% decrease in warning s. In
2020 there were 5,155 traffic stops completed, compared to 8,853 in 2019, a 42% decrease. One
traffic Officer position was vacant due to staffing for the entirety of 2020, and the department
had severely limited staffing and proactive patrols due to the COVID-19 pandemic. These
factors drastically reduced the amount of time and effort our Officers spent on traffic
enforcement. DUI arrests decreased by 50% in 2020, from 226 to 114, largely attributed to the
extended shutdown of the bars and restaurants in the City. Although the reduction in collisions
and DUI’s is great news, the numbers are likely to rise significantly in 2021 as the City
experiences a more “normal” year in terms of population and visitors.
Noise:
Party related noise complaints increased by 24% in 2020. This increase marks the first year that
SLOPD has seen an increase after three straight years of decreases and an all -time low in party
related noise complaints since tracking began in 1998. This increase is attributed to a variety of
factors, primarily the suspension of the party registration program and factors related to COVID -
19. 2020 saw many residents sheltering and working from home and generally spending much
more time in the residence. With more people being at home, there was a greater likelihood of
noise being generated and a lower tolerance for noise as residents followed the public health
guidance to prevent the spread of the virus.
The Police Department continued efforts building upon past initiatives and campus partn erships.
Police Department staff continued to participate in a virtual summer orientation for incoming Cal
Poly Freshmen and parents. These virtual presentations provided staff with the opportunity to
“front load” incoming students and their supporters with information on living in SLO, city laws
that are important to know and how to stay safe. Although most classes were virtual in 2020,
there were many students that moved back to San Luis Obispo for the year but attended classes
online.
Neighborhood officers continue to be engaged in community outreach, providing education, and
conducting problem-oriented policing at locations before calls for service are generated.
Neighborhood officers also visit properties that have had multiple noise violations to hel p
educate residents and encourage wise social event planning.
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A wide variety of messaging methods are used by the police department to reach residents: social
media ads, doorhangers, posters/flyers, e-blasts, presentations, media releases and participation
in the Student Community Liaison Committee (SCLC).
Lastly, the partnerships with Cal Poly and Cuesta College continue to provide many more
opportunities for the noise and neighborhood wellness messaging. Information shared is
dispersed through many different avenues including, student government, housing, Greek life,
athletics, clubs, and off-campus programs.
Downtown:
Downtown calls for service decreased by 23% in 2020. As previously mentioned, the department
operated with several shortages in Motors and CAT units for portions of the year. Downtown
will continue to be a priority for Bicycle Officers, CAT and all of patrol. In 2020, the
department saw a 30% decrease in officer-initiated calls and a 45% decrease in downtown
officer-initiated calls, which is directly attributed to the COVID-19 related shutdown and our
direction to Officers to minimize proactive contact with the public to ensure emergency response
readiness. Officers worked over 70 protests, rallies and marches throughout the year, ensur ing
public safety and the protection of the freedom of speech and freedom of assembly.
Downtown officers continue to utilize crime prevention through environmental design
techniques while partnering with Public Works and local businesses to improve condit ions such
as lighting, landscape, building maintenance, fencing, programming, and traffic flow. By
addressing some of these issues the city and local businesses can deter criminal activity.
Currently there are 17 public cameras placed throughout the City, with the majority used in the
downtown core and City parks, and three new cameras added this year covering the Jennifer St
bridge and the new safe parking area next to the Railroad Museum.
Conclusion:
2020 proved to be an extremely challenging year for Law Enforcement as the department had to
balance providing emergency services, maintaining a safe work environment for our employees,
educating, and enforcing constantly changing public health order regulations and supporting
community needs including several months of protests and rallies. Our staff has worked
tirelessly throughout the year to ensure San Luis Obispo is safe and ready to rise out of the
pandemic well-positioned for recovery.
Crime will continue to be a major priority for SLOPD. After signif icant increases in crime that
peaked in 2016, the implementation of numerous crime reduction initiatives and community
programs have resulted in a 19% decrease in Part 1 crime over the last 4 years. Property crimes
continue to be a significant issue within the city, and throughout the state. Theft from unsecured
vehicles and residences continue to be a problem within the city. Continued education has helped
with decreasing the trend, which SLOPD will continue throughout 2021. These measures will
include directed patrols targeted at problem locations, utilization of stings and undercover
operations to catch criminals engaged in or looking for crimes of opportunity and using print
media, social media, and community meetings to educate our citizens to reduce victimization and
increase awareness.
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PUBLIC ENGAGEMENT
The public will be allowed to submit comments in writing prior to the meeting regarding this
item. No other public engagement was completed.
CONCURRENCES
None.
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. 15 378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-20 & 2020-21
Funding Identified: Yes
The Police Department is funded through the General Fund’s annual budget appropriation
adopted by the City Council. All efforts within the report are covered through the annual
program allocations as outlined in the City’s Financial Plan.
ALTERNATIVES
The City Council could choose not to receive and file the report. This is not recommended as
the report provides a record of key crime related statistics and trends that are important for policy
makers and the public to be aware of in our community.
Attachments:
a - COUNCIL READING FILE - 2020 Crime Update
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Department Name: Parks and Recreation
Cost Center: 7001
For Agenda of: May 4, 2021
Placement: Study Session
Estimated Time: 90 Minutes
FROM: Greg Avakian, Parks and Recreation Director
Prepared By: Shawna Scott, Senior Planner
SUBJECT: STUDY SESSION ON THE PUBLIC DRAFT PARKS + RECREATION
BLUEPRINT FOR THE FUTURE: 2021-2041 (PARKS AND RECREATION
PLAN AND GENERAL PLAN ELEMENT UPDATE)
RECOMMENDATION
1. Receive a presentation on the Public Draft Parks + Recreation Blueprint for the Future: 2021 -
2041 (Parks and Recreation Plan and General Plan Element Update) (Attachment A); and
2. Provide comments and direction to staff to guide the Final Draft Parks + Recreation
Blueprint for the Future: 2021-2041 (Parks and Recreation Plan and General Plan Element
Update).
REPORT-IN-BRIEF
The City Parks and Recreation Department has prepared the Public Draft Parks + Recreation
Blueprint for the Future: 2021-2041 (Parks and Recreation Plan and General Plan Element
Update) (Plan Update) to guide the future of parks and recreation in the City for the next twenty
years. This report provides an overview of the Public Draft Plan Update. The current Parks and
Recreation Master Plan and Element (2001) is proposed to be replaced in its entirety by the Plan
Update. One notable and important change with the Plan Update is that it addresses urban parks
and recreation, and no longer includes plans or policies related to the City’s Open Space, which
is appropriately addressed in the City’s Conservation and Open Space Element (adopted in
2006). The purpose of this study session is to invite comments, questions, and general input on
the Public Draft Plan Update from the City Council and the public. The Plan Update is scheduled
to return to the City Council for consideration and potential adoption on July 6, 2021.
The Public Draft Plan Update and Public Draft Initial Study/Negative Declaration are provided
as Council Reading Files (Attachments A and B) and the Public Draft Plan Update is available
for public review at https://www.slocity.org/government/department-directory/parks-and-
recreation/parks-and-recreation-plan-and-element-update.
DISCUSSION
Background
In 2017, the City Parks and Recreation Department initiated the update to the City’s Parks and
Recreation Element of the General Plan and the Parks and Recreation Plan (Plan Update).
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On November 7, 2017, the City Council approved the Project Plan for the Plan Update, and a
consultant team led by WRT was selected in February 2018 to support staff. In April 2018, the
Parks and Recreation Commission (PRC) approved the Community Engagement Plan1 for the
project, and the Plan Update has been informed by thr ee years of public outreach and comment,
public workshops and forums, a statistically valid survey, and focused review by Parks and
Recreation and Planning staff and the PRC. The Plan Update will be an essential guide for parks
and recreation in San Luis Obispo, while also serving as the General Plan Parks and Recreation
Element; goals and policies are embedded in the City’s larger blueprint for future growth and
change. The Plan Update also serves to support, supplement, and advance the goals of the City’s
Climate Action Plan for Community Recovery 2, Active Transportation Plan3, and
Recommendations to City Council for Advancing Diversity, Equity, and Inclusion in the City of
San Luis Obispo4. Implementation of the Plan supports and strives to ensure that City’s parks,
facilities, and programs will be inclusive, safe, and accessible to all people.
1 Approved by the Parks and Recreation Commission in April 2018, available here.
2 Climate Action Plan for Community Recovery (August 2020), available here
3 Active Transportation Plan (February 2021), available here
4 Recommendations to City Council for Advancing DEI (January 2021), available here
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Park and Recreation Needs
The City currently has 205.6 acres of parkland, including 99.7 acres of Community Parks, 34.7
acres of Neighborhood Parks, 7.9 acres of Mini Parks, and 63.3 acres of recreational centers and
special facilities. Proposed park acreage standards require a minimum of 10 acres of parkland per
1,000 residents, including five acres of Neighborhood Parks per 1,000 residents. For reference,
the City’s 2018 Capital Facilities Fee Nexus Study calculated the park level of service at 4.18
acres per 1,000 residents or 2.69 acres per daytime service population.5
Looking ahead, the City would need an additional 361 acres of parkland to meet the park acreage
standard in 2035, inclusive of 249 acres of Neighborhood Parks, based on resident population
estimates in the City’s General Plan (56,686) (Attachment A, Appendix C, Community Needs
Assessment Table 2-6, San Luis Obispo Park Acreage Standards and Level of Service). An
additional 677 acres of parkland would be needed if the same standard is applied to the estimated
2035 daytime (service) population of 88,286.6 Implementation of currently approved parks
within adopted Specific and Development Plans (Avila Ranch, Orcutt Area Specific Plan, Froom
Ranch Specific Plan, and San Luis Ranch Specific Plan) would provide 41 acres of parkland.
This will contribute to the total acreage of parkland in the City, resulting in total park acreage of
246, with a remaining gap of 320 acres needed to serve the estimated resident population in
2035. An additional 636 acres of parkland would be needed if the 2035 daytime population is
considered. The recommended park acreage standard is ambitious and aspirational, and these
gaps highlight the need for multi-use, multi-generational, and multi-ability amenities within
parkland and facilities, in addition to the identification of new parkland within the City.
Known planned amenities within Specific Plan areas are identified in Table 1. Specific Plan
Parkland Amenities below.
Table 1. Specific Plan Parkland Amenities
Amenity Type Specific Plan – Planned Amenities
Diamond Athletic Fields (Youth) 1 - Avila Ranch
Rectangle Athletic Fields 3 – Orcutt Area
1 – Avila Ranch
Outdoor Basketball Court 1 – Avila Ranch (full court)
3 – Avila Ranch (half court)
2 – San Luis Ranch (half court)
1 – Orcutt Area (full court)
Tennis Court 4 – Orcutt Area
2 – Avila Ranch
Playground/Tot Lot 7 – Avila Ranch
2 - San Luis Ranch
3 - Orcutt Area
Dog Park/
Off-leash Dog Area
1 – Avila
1 – Orcutt Area
5 The identified level of service included existing parks and facilities , and did not include planned parks identified in
adopted Specific Plans (Capital Facilities Development Impact Fee Nexus Study, 2018)
6 Daytime (service) population identified in the Capital Facilities Development Impact Fee Nexus Study, 2018)
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Amenity Type Specific Plan – Planned Amenities
Pickleball Court 6 – Orcutt Area
2 – Avila Ranch
Group Picnic Areas 1 – Orcutt Area
1 – Avila Ranch (BBQ)
In order to determine base needs for City park facilities and amenities, staff worked with the
project consultant team (WRT and PROS) to assess the current level of service for park facilities
and amenities based on the 2017 estimated resident and daytime populations, and the 2035
estimated resident and daytime populations. This assessment considered a list of key amenities
based on the City’s current inventory, planned amenities identified in Specific Plan areas (see
Table 1. Specific Plan Parkland Amenities, above), input from the public and the PRC,
consideration of recreational trends, and recommendations identified in the Community Needs
Assessment.
In addition to overall need, the Plan Update assessed needs based on identified sub-areas within
the City (refer to Figure 1. City Sub-Areas), with a policy directive for equitable distribution of
amenities through-out the City, such that every resident would be able to access no-cost key
amenities via sustainable transportation including walking, biking, rolling, or transit. Existing
City inventory, existing needs, future needs, access gaps, and implementation timing priority are
identified in Table 2. Amenity Inventory and Current and Future Needs, on the following page.
Figure 1. City Sub-Areas
Area of Residence
1. Foothill/Anholm
2. Downtown
3. Meadow/Sinsheimer
4. Righetti/Orcutt
5. Stoneridge/Margarita
6. Laguna Lake
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Table 2. Amenity Inventory and Current and Future Needs
Amenity Current
Inventory
Current
Additional
Need
General Plan
Build-out Total
Additional Need1
Location Based on
Access Gap and
Planned Amenities
(Sub-area)2
Priority
ATHLETIC FIELDS
Diamond
Athletic Fields
(Youth)
4 2 3 Downtown
Laguna Lake
0-10
years
Diamond
Athletic Fields
(Youth/Adult)
1 4 5 Downtown
Meadow/Sinsheimer
Righetti/Orcutt
Stoneridge/Margarita
Laguna Lake
0-10
years
Diamond
Athletic Fields
(Adult)
1 2 3 Downtown
Righetti/Orcutt
Stoneridge/Margarita
Laguna Lake
0-10
years
Rectangle
Athletic Fields
4 4 6 Downtown
Meadow/Sinsheimer
Laguna Lake
0-5 years
SPORTS COURTS
Outdoor
Basketball Court
6 6 8 Citywide 0 – 20
years
Tennis Court 8 7 11 Downtown
Laguna Lake
0-5 years
Pickleball Court 3 9 12 Foothill/Anholm
Downtown
Meadow/Sinsheimer
Laguna Lake
0 – 5
years
Sand Volleyball 8 3 5 Downtown
Stoneridge/Margarita
Laguna Lake
0-20
years
Roller Sports
Court
1 1 2 Downtown
Meadow/Sinsheimer
Righetti/Orcutt
Stoneridge/Margarita
Laguna Lake
10-20
years
Multi-
generational
recreation and
community
center
Ludwick
Center and
SLO Senior
Center
27,000 sf 46,000 sf Citywide 5-20
years
Dog Park/
Off-leash Dog
Area
1 6 7 Foothill/Anholm
Downtown
Meadow/Sinsheimer
0-5 years
Playgrounds/ Tot
Lot
26 10 18 Citywide 0-20
years
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Amenity Current
Inventory
Current
Additional
Need
General Plan
Build-out Total
Additional Need1
Location Based on
Access Gap and
Planned Amenities
(Sub-area)2
Priority
Group Picnic
Areas
9 6 9 Downtown
Stoneridge/Margarita
0-5 years
SPECIAL RECREATION FACILITIES
Disc Golf Course
(18-hole)
2 0 0 N/A N/A
Golf Course 1 0 1 Citywide 10-20
years
Swim Center 1 Expansion
of existing
pool
1 Citywide 5-20
years
Skate Park 1 0 1 Citywide 10-20
years
Pump Track
(Bike or Skate)
0 2 3 Citywide 0-20
years
1 Includes amenities identified in approved Specific Plans.
Public Draft Plan Update
The following discussion provides a brief guide to the structure and content of the document.
The first thing the City Council and the public may notice is the updated title, which has been
modified to be more visionary, aspirational, and inclusive:
Parks + Recreation Blueprint for the Future: 2021-2041
Parks and Recreation Plan and General Plan Element Update
The Plan is divided into five chapters:
Chapter 1 introduces the planning process and overarching goals of the plan. The Plan includes
the following six Guiding Themes, which permeate through the Plan’s recommendations, goals,
and policies:
• Design Excellence
• Stewardship and Sustainability
• Inclusion and Access
• Building Community
• Partnerships and Public Engagement
• Good Governance
Chapter 2 takes a deeper look at San Luis Obispo through demographic analysis and its parks
through a detailed inventory. This information was presented to the PRC and the public in a
Community Needs Assessment Report, which is included in the Plan Update Appendix.
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Chapter 3 provides a summary of the extensive community engagement conducted in
association with the Plan Update. This information was presented to the PRC and the public in
the adopted Community Needs Assessment Report, and subsequent updates presented to the
PRC.
Chapter 4 provides the detailed policies that flow from five system-wide goals. The draft goals
and policies were presented to the PRC in July 2020 and have been expanded and updated based
on continued public input, continued staff review, and to maintain consistency with the adopted
Climate Action Plan and Active Transportation Plan and Recommendations to City Council for
Advancing Diversity, Equity, and Inclusion in the City of San Luis Obispo. The Plan Update is
intended to support and advance the goals and programs identified in these previously adopted
plans.
The five goals include:
• Build Community and Neighborhoods: City Parks and Recreational facilities should
build and connect community through inclusive and diverse amenities and programming.
• Meet the Changing Needs of the Community: Leverage regionalism and creatively
increase the number of City parks, recreational facilities and amenities, to meet user
needs.
• Sustainability: The City’s Parks and Recreation facilities will be vibrant, resilient, and
sustainable.
• Optimize Resources: Establish, maintain, and operate parks, facilities, and programs in a
manner that is cost effective and manageable while engaging the community in a manner
that optimizes involvement and support.
• Safety: Provide safe, accessible, inclusive, and well-maintained City parks, recreational
facilities, and amenities.
Chapter 5 provides the details around implementation and funding strategy, including
phasing and priority projects. This chapter was informed by public comment and PRC feedback
on project prioritization for the near term (0-5 year), mid-term (5-10 year), and long-term (10-20
year) timeframes. Park and facility improvements can be understood in three tiers: Tier 1,
Critical Park Improvements (Maintenance); Tier 2, Strategic Park Improvements, Improvement
of Existing Parks/Facilities; and Tier 3, “Visionary” Park Improvements, New Opportunities.
Tier 3 park and facility needs and priorities identified in the Public Draft Plan Update are
grouped by park classification (i.e., neighborhood parks, community parks) and are then
presented in alphabetical order. Project priorities are identified by phase (near -term, mid-term,
and long-term). For quick reference, Tier 3 park and facility needs and priorities are also
summarized in Table 5-1 of the Public Draft Plan Update (Attachment A).
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Implementation of the Plan Update
The Plan Update will be implemented over the next twenty years, depending on funding and
staffing resources. Plan Update Chapter 5 (Implementation) is intended to be aspirational and
identifies amenities that may be appropriate for existing parks based on the wants and needs
expressed by the community. As amenities are constructed, the City will need to monitor
implementation of the Plan Update and track progress towards meeting service standards for
both park acreage and identified amenities, equitable distribution of amenities, and resolving
access gaps such that all residents will be able to enjoy parks and recreation within a ½ mile (or
ten minute walk) from their home.
The Plan Update is also intended to be flexible, to enable the City to conduct focused community
outreach and prepare park-specific comprehensive plans for the following existing community
and neighborhood parks:
• Laguna Park (update Laguna Lake Plan)
• Meadow Park and Meadow Park Center
• Sinsheimer Park, Sinsheimer Stadium, SLO Swim Center
• Mitchell Park
In addition, as noted in the plan, new parkland is needed in the following sub-areas:
• Foothill/Anholm: in the vicinity of Grand Avenue, potentially through agreement with
San Luis Coastal Unified School District;
• Downtown: along the Johnson Avenue corridor south of the high school;
• Meadow/Sinsheimer potentially through expansion or amenitization of Stoneridge Park;
• Stoneridge/Margarita: along the South Higuera corridor;
• Laguna Lake: at the Laguna Lake Golf Course as part of potential site reuse.
Key considerations for the enhancement and redevelopment of existing parks and the
development of new parkland will be striking a balance between active and passive recreational
use, maintaining neighborhood character, ensuring high quality design and maintenance, and
optimizing resources by incorporating multi-generational and multi-use amenities and facilities.
Incorporation of innovative universal design and continued conversations with the community
will be critical to resolve and prevent any barriers7 to our community’s enjoyment of the City
parks, recreation amenities, public art, and programs.
The Plan Update also identifies the need for park activation and building community through site
planning and provision of community gathering space and associated infrastructure (i.e., gazebo,
stage, improved access); supporting and facilitating community events; incorporation of public
art and cultural expression; and dynamic programming to address multi -generational and multi-
ability needs of our community.
7 Potential barriers may include, and are not limited to, ability, skill level, sense of safety, monetary
limitations, knowledge and/or interest in programming and/or recreational activity.
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Implementation of the Plan Update would be funded by development impact fees, the general
fund, grants, revenues from services, provided, and picnic and facility rentals. Potential external
funding sources could include grants; “friends of parks” organization(s); corporate sponsorships;
crowdfunding; partnerships with other agencies; gifts from non-profit foundations; private
donations; irrevocable remainder trusts; volunteerism; and fundraisers. The Plan update
identifies rough lifecycle costs for key amenities, while more aspirational projects such as multi-
generational center would require a specific cost and financing assessment due to the potential
variables that affect construction, operation, and maintenance costs.
Policy Context
The recommendations of the Plan Update support and advance many of the goals, objectives
policies and programs of both the City’s General Plan, Active Transportation Plan, and Climate
Action Plan for Community Recovery. The development and enhancement of accessible parks
and facilities in the City would reduce vehicle miles traveled (VMT) and related greenhouse gas
emissions. Redevelopment of parks and facilities would facilitate carbon-neutrality and provide
an opportunity to educate and showcase evolving technology. Implementation of the Plan Update
would advance goals and policies of the Land Use Element, including neighborhood connectivity
and enhancement (Policies 2.2.4 and 2.2.6); provision and enhancement of parks within
neighborhoods (Policy 2.3.1); and increasing green space in the Downtown (Policy 4.11).
Public Engagement
Chapter 3 of the Plan Update (What We Heard) summarizes the extensive public engagement
conducted over the past three years pursuant to the Plan Update’s Community Engagement Plan,
starting with foundational stakeholder interviews in April 2018. Throughout the summer of 2018,
in order to reach our community, City staff conducted
over 25 “pop-up” events with the Parks and Recreation
“Bright Ideas” bicycle to reach and connect with San
Luis Obispo residents and visitors at parks, facilities,
programs, and events. During these pop-ups, the public
had an opportunity to provide comments on portable
white boards and comment cards and take photos with
the “Bright Ideas” bicycle for sharing on the Parks and
Recreation Instagram account. A statistically valid
Needs Assessment Survey was conducted August to
October 2018, with a total of 507 respondents.
Public Workshops and forums included the “Bright
Ideas” Public Workshop in September 2018 to gain
additional input from the community regarding existing
parks and facilities and the future of parks and
recreation in San Luis Obispo. A PRC Workshop
Series was held in January, February, and March of
2019, which consisted of focused discussions and public
input related to the community’s values and priorities,
unmet needs, and hopes and dreams.
Community Needs Assessment
report includes:
▪ Demographic characteristics
and population trends of the
community;
▪ Description of existing park
system and comparison to
benchmark cities;
▪ Overview of recreational
trends and preferences in the
U.S. and in the region;
▪ Summary and evaluation of
existing amenities and
programs; and
▪ Summary of themes heard
during community
engagement activities and the
community preferences
reflected in the statistically-
valid survey.
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Following the Workshop Series, a Community Needs Assessment report prepared by the
consultant team was presented to the PRC and the public in May 2019, and a Community Needs
Assessment Workshop was held in June 2019. A Park Improvement Priorities Workshop
was held with the PRC in September 2019.
Through the remainder of 2019 and 2020, the public had an opportunity to attend PRC meetings,
where information was presented for public response and direction from the PRC, including draft
themes, goals, and policies; lifecycle costs; and the ongoing feedback and questions provided by
the public. The Public Draft Plan was introduced to the PRC on March 3, 2021 and presented to
the Active Transportation Committee (ATC) on March 18, 2021. The ATC unanimously moved
to recommend adoption of the Plan Update, with recommendations that were supported by the
PRC, and will be presented to the Planning Commission in May 2021. ATC recommendations
focused on a stronger connection to the Active Transportation Plan, and improved access to and
through the Sinsheimer Park area, and support for policies that facilitate incorporation of
infrastructure at parks and facilities that support sustainable transportation.
On March 25, 2021, a Public Draft Plan Update Public Workshop was held via Zoom. The
Workshop included a presentation on the Plan Update, and the community was invited an
encouraged to provide feedback via poll questions conducted during the workshop, use of the
“chat” function, and Open City Hall. The results of the ATC public meeting and public
workshop are summarized in the April 5, 2021 PRC Agenda Report.8
Online community engagement continues to be fostered by information updates on City social
media, the project website, direct communications with staff, and the Open City Hall website.
CONCURRENCE
Over the past three years, the PRC has provided valuable input on the Plan Update. The PRC
will consider a recommendation of the Public Draft Plan Update at a Special Meeting on May
12, 2021. The Planning Commission will consider a recommendation to the City Council on the
Public Draft Plan on May 26, 2021. The recommendations of the ATC, PRC, and Planning
Commission will be presented to the City Council on July 6, 2021.
The Administrative Draft Plan Update was provided for internal review by several City
departments, including Community Development, Public Works, City Administration, Utilities.
The Diversity, Equity, and Inclusion Committee provided valuable review and input on the
Administrative Draft Plan Update. In addition, the Plan Update was coordinated with the City
Transportation Division and the Office of Sustainability to ensure the document supports and
advances the goals, policies, and programs of the Active Transportation Plan and Climate Action
Plan.
Other community groups have helped shape the Plan Update including Arts Council, American
Youth Soccer Organization, Cal Poly (special thanks to NR 418 class, 2018), Central Coast
Concerned Mountain Bikers, Central Coast Soccer, Friends of SLO City Dog Parks; Downtown
SLO, History Center of San Luis Obispo County, Jack House Committee, Land Conservancy of
SLO County, San Luis Coastal Unified School District, San Luis Obispo Museum of Art, SLO
8 Parks and Recreation Commission agenda report, dated April 5, 2021, available here.
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Baseball, SLO Pickleball Club, SLO Railroad Museum, SLO REP Theatre, SLO Rugby, SLO
Senior Center, SLO Soccer Club, SLO Women’s Soccer Club, YMCA, and many other
individuals.
STUDY SESSION 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
the years that this work effort has been underway hundreds of inputs have been provided by the
community on their hopes and dreams for recreation and parks in San Luis Obispo – and they
have been as diverse and unique as the individuals providing them. While tempting to give
Council 100s of specific questions to reflect this kaleidoscope of interests, in providing feedback
to staff, below are a series of very broad and general questions that Council may want to use to
guide its discussion.
1. Does the Parks and Recreation Blueprint plan represent the needs of the community?
2. Is there more Chapter 4 (Goals and Policies) Themes, Goals, and Policies can provide to
further represent, support, and advance the City’s core values of civility, sustainability,
diversity, inclusivity, regionalism, partnership, and resiliency?
3. Does the Parks and Recreation Blueprint Chapter 5 (Implementation) appropriately
prioritize future amenities and projects in the following timeframes:
a. Near-term (0-5 year)
b. Mid-term (5-10 year)
c. Long-term (10-20 year)
4. Is there more the Draft Plan can provide to further incorporate and advance Diversity,
Equity, and Inclusion?
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 f or the Plan and is provided for
public review concurrent with release of the Public Draft Plan (Attachment B).
FISCAL IMPACT
Budgeted: No Budget Year: 2017-19
Funding Identified: No
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total
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 Public Draft Plan is
significant and will extend over twenty years, requiring substantial funding commitments over
multiple financial plans as well as exploration of grants, development fees and other outside
funding sources. Since the Plan Update is a programmatic document, it provides only a planning
level assessment of project costs, with estimates provided for line-item amenity features (i.e.,
seating, turf area, nets, etc.). Any larger scale projects identified in the programmatic document
such as a multi-generational community center or additional aquatics center would require
specific feasibility and financial assessments to determine cost based on a variety of factors such
as location, size, and other specific features. 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.
The Council included $160,000 in the 2017-2019 Financial Plan for the Plan Update. $145,000
was allocated for Contract Services, which includes $ 135,000 for consultant assistance with the
Community Needs Assessment and Plan Update, and a $10,000 contingency. $113,614 has been
spent on consultant services to date. $10,000 was also allocated for City operating expenditures,
such as meeting notifications, outreach direct costs and document production. $5,000 was
assigned for an intern to assist with the facility needs assessment.
ALTERNATIVES
Council could provide feedback in areas other than the example questions listed above.
Attachments:
a - COUNCIL READING FILE - Parks & Recreation Plan and General Plan Element
Update
a - COUNCIL READING FILE - Plan Update Appendix
b - COUNCIL READING FILE - Initial Study Negative Declaration
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