HomeMy WebLinkAbout05-18-2021 Agenda Packet - Amended
Tuesday, May 18, 2021 - AMENDED
San Luis Obispo Page 1
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor
of the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the
City of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating
to the convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will
be holding all public meetings via teleconference. There will be no physical location for the Public to
view the meeting. Below are instructions on how to view the meeting remotely and how to leave public
comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to
participate in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are
encouraged to participate in Council meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• View the Webinar (recommended for the best viewing quality):
➢ URL: https://slocity-org.zoom.us/j/92711199900?pwd=K09vM2QySS9GWENkbXQ3b25JZVhMQT09
➢ Telephone Attendee: +1 (669) 900-6833
➢ Webinar ID: 927 1119 9900; Passcode: 451175
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 18, 2021 Page 2
5:30 PM
CLOSED SESSION
TELECONFERENCE
Closed Session Webinar Information:
Join on your computer or mobile app: Click here to join the meeting
➢ Or call in (audio only) +1 209-645-4165,,728951620#
➢ Phone Conference ID: 728 951 620#
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
PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos,
Derek Johnson, Christine Dietrick
Represented Employee
Organizations: San Luis Obispo City Employee’s Association (SLOCEA)
San Luis Obispo Police Officer’s Association (POA)
San Luis Obispo Police Staff Officer’s Association (SLOPSOA)
International Association of Firefighters Local 3523
Unrepresented Employees: Unrepresented Management Employees
Unrepresented Confidential Employees
ADJOURNMENT
Adjourn to the Regular Meeting of the City Council scheduled for Tuesday, May 18, 2021, at
6:00 p.m., via teleconference.
San Luis Obispo City Council Agenda May 18, 2021 Page 3
6:00 PM
AMENDED
REGULAR MEETING
TELECONFERENCE
Broadcast Via Webinar
*The agenda has been amended to reschedule the introduction and ceremonial
Oath of Office for Police Chief Rick Scott to the June 1, 2021 Council Meeting.
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: Mayor Heidi Harmon
PRESENTATIONS
1. CITY MANAGER REPORT (JOHNSON – 10 MINUTES)
Receive a brief report from City Manager Derek Johnson.
2. PRESENTATION ON CITY FARM SLO (RUTLAND – 8 MINUTES)
Receive a presentation from Kayla Rutland, City Farm SLO Associate Director, on City
Farm SLO.
3. LGBTQ+ PRIDE MONTH PROCLAMATION (HARMON – 3 MINUTES)
Mayor Harmon will proclaim the month of May as “LGBTQ+ Pride Month.”
4. INTRODUCTION AND OATH OF OFFICE FOR RICK SCOTT, POLICE CHIEF
(JOHNSON / PURRINGTON – 15 MINUTES)
City Manager Derek Johnson will introduce Rick Scott, Police Chief, and City Clerk Teresa
Purrington will administer the Oath of Office.
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.
San Luis Obispo City Council Agenda May 18, 2021 Page 4
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 Con sent Agenda within the three-
minute time limit.
5.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
6.MINUTES REVIEW - MAY 4, 2021 COUNCIL MINUTES (PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on May 4, 2021.
7.2020-21 CLIMATE ACTION PROGRESS REPORT (HERMANN / HILL / READ)
Recommendation:
Receive and file 2020-21 Climate Action Progress Report.
8.AUTHORIZATION TO ADVERTISE BROAD & LEFF CULVERT REPAIR
PROJECT, SPECIFICATION NO. 91156 (HORN / BURDE)
Recommendation:
1.Approve the Project Plans and Special Provisions for the Broad & Leff Culvert Repair
Project; and
2.Authorize staff to advertise for bids; and
3.Authorize the City Manager to award the construction contract for the bid total if the
lowest responsible bid is within the Engineer’s Estimate of $340,000 and the funding
amount is consistent with the adopted 2021-23 budget appropriation for this project.
9.2020-21 THIRD QUARTER FINANCIAL REPORT (ELKE / HARNETT)
Recommendation:
Per the City’s Financial Reporting and Budget Administration policy for interim reporting,
receive and file an update on the status of the City’s current financial position, Major City
Goals, and Capital Improvement Plan projects for the third quarter of Fiscal Year 2020-21.
San Luis Obispo City Council Agenda May 18, 2021 Page 5
10. AUTHORIZATION TO ADVERTISE MEADOW PARK PATHWAYS
MAINTENANCE, SPECIFICATION NO. 1000021 (HORN / NGUYEN)
Recommendation:
1. Authorize staff to advertise for bids and approve the project plans and special provisions
for Meadow Park Pathways Maintenance, Specification Number 1000021; 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 $360,000 and the funding
amount is consistent with the adopted 2021-23 budget appropriation for this project.
11. UPDATES TO THE CITY’S COMPREHENSIVE FEE SCHEDULE TO INCLUDE
NEW AND UPDATED YOUTH SERVICES, AQUATICS, AND GOLF USER FEES
(AVAKIAN / HYFIELD / BERGAM / BURGER)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting new fees and amending the 2021-22 Comprehensive Fee
Schedule.”
12. TANK FARM ROAD / LONG STREET TRAFFIC SIGNAL REIMBURSEMENT
AGREEMENT WITH TANK FARM CENTER, LLC (HORN / SCHWARTZ)
Recommendation:
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, approving a Reimbursement Agreement with Tank Farm
Center, LLC for construction of a traffic signal at the Tank Farm Road/Long Street
Intersection;” and
2. Authorize the Mayor to execute the Reimbursement Agreement and designate the
Finance Director to implement the Agreement.
13. CITY ATTORNEY DEPARTMENT ORGANIZATIONAL ASSESSMENT AND
STRATEGIC PLAN (DIETRICK)
Recommendation:
1. Authorize the issuance of a Request for Proposals for consulting services to prepare an
organizational assessment and strategic plan for the City Attorney Department; and
2. Authorize the City Manager to award the assessment contract if within the funding
amount appropriated in the adopted 2021-2022 budget.
San Luis Obispo City Council Agenda May 18, 2021 Page 6
14. AUTHORIZE A TAX EXCHANGE AGREEMENT WITH THE COUNTY OF SAN
LUIS OBISPO TO ADDRESS TAX TRANSFERS FROM THE FROOM RANCH
ANNEXATION AREA; ANNEXATION NO. 82 (CODRON / S. SCOTT)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, accepting a negotiated exchange of Tax Revenue and Annual Tax
Increment between the County of San Luis Obispo and the City of San Luis Obispo for the
Froom Ranch Annexation Area, as represented in the staff report and attachments dated May
18, 2021.”
15. EXAMINATION OF SALES AND USE TAX RECORDS (ELKE / NUNEZ)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the examination of Sales and Use Tax Records.”
16. REACH 2021-2023 AGREEMENT AND COUNCIL LIAISON ASSIGNMENT
(HERMANN / L. JOHNSON)
Recommendation:
1. Authorize the City Manager to execute a two-year contract with REACH in the amount
of $50,000 for regional economic development activities; and
2. Appoint Vice-Mayor Stewart as the Council Liaison to REACH’s SLO Advisory.
PUBLIC HEARING AND BUSINESS ITEMS
17. INTRODUCE AN ORDINANCE TO AMEND THE AIRPORT AREA AND
MARGARITA AREA SPECIFIC PLANS TO ALLOW FOR DAY CARE
FACILITIES CONSISTENT WITH RESTRICTIONS THAT APPLY CITYWIDE
UNDER THE MUNICIPAL CODE
(CODRON / COHEN / RICKENBACH – 45 MINUTES)
Recommendation:
As recommended by the Planning Commission, introduce an Ordinance entitled, “An
Uncodified Ordinance of the City Council of the City of San Luis Obispo, California,
amending the Airport Area and Margarita Area Specific Plans to allow for Day Care
Facilities consistent with restrictions that apply citywide under the Municipal Code (SPEC-
0209-2021).”
San Luis Obispo City Council Agenda May 18, 2021 Page 7
18.2021 LEGISLATIVE PLATFORM (JOHNSON / DIETRICK – 30 MINUTES)
Recommendation:
1.Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, establishing the City’s Legislative Action Platform for 2021 and
appointing the Council Member and staff persons to act as liaison between the City of
San Luis Obispo and the League of California Cities;” and
2.Confirm direction to staff on the scope and application of the legislative platform related
to advocacy for non-legislative items or particular projects, with additional authority for
staff to weigh in on regional initiatives in which Council has authorized City
participation consistent with Major City Goals; and
3.Appoint the Mayor, City Attorney, and City Manager to act as the primary legislative
liaisons between the League of California Cities and the City of San Luis Obispo, with
authority to delegate to other Councilmembers or staff consistent with liaison
assignments and as appropriate to the issue.
LIAISON REPORTS AND COMMUNICATIONS
(Not to exceed 15 minutes)
Council Members report on conferences or other City activities. At this time, any Council
Member or the City Manager may ask a question for clarification, make an announcement, or
report briefly on his or her activities. In addition, subject to Council Policies and Procedures,
they may provide a reference to staff or other resources for factual information, request staff to
report back to the Council at a subsequent meeting concerning any matter or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, June 1, 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 Tirnes, 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 t San Luis Obispo, California, this day
of 2021.
Patricia Horton, New Times Legals
Proof of Publication of
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all interested persons
to participate in a public mcaring on Tuesday, May It aft, at
SIN pm. While the Council encourages public participation,
growing concern about the COVIO-19 pandemic has required
Mat public meetings pia held via telecaMerence. Meepings can
be viewed an Government Access Channel 20 or streamed live
hom the Citys YouTube Channel athttpolyoutubesla.city. Public
comment, prior to
In start of to meeting, may be submitted
in wrsing via U.S. Mail delivered ro the City Clerk's office at
990 Palm shout, San leis Obispo, CA 93W7 or by email to
emailcounciliftocdy erg.
Public Hearing Items:
• A Public Hearing to review and introduce an Ordinance to
amend the Airport Area and Mergence Area Specific Plans to
allow for day care facilities consistent with restrictions that
apply citywide under the Municipal Code ISPEC-0209-2021).
Far more informarim, contact Rachel Cohen, Associate
Planner, for the City's Community Development Department
at Rigs 781-7574 or by email, rcnhen®slocity org.
• A Public Hearing to adopt a Resolution accepting a tax
exchange agreement with the County of San Luis Obispo
to address tax transfers from the Froom Ranch 09vessio ,
Area, Annexation No. 821SPEC-0143-2017,
6ENP-0737-2019, ANNX 0335-2020, and EIO-0738-2019I.
Planner,
at ha51
The City Council may also discuss other hearings or business
items before or after the items listed above. If you challenge
the proposed project in court, you may be limited to raising only
those issues you or someone else raised at the public hearing
described in this topics, ar in written correspondence delivered
to the City Council at or prior to, the public hearing.
Reports for this meeting will be available for review online st
ywiseslocdyorg no later than 72 hours prior to the meeting.
Please call the City Clerk's Office at (805) 781-7100 for more
information. The City Council meeting will be televised live
on Charter Cable Channel 20 and live streaming on the Citys
YouTube channel h0psi/Youtube.s10 city.
Teresa Pumngton
City Clerk
City of San Luis Obispo
May 6, 2021
M—HP—W.ITMGOp-/WUSMESS/PuN Nmim/Nm dPub
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1
Council Minutes
May 4, 2021, 6:00 p.m.
Teleconference - Broadcast via Webinar
Council Members
Present:
Mayor Heidi Harmon, Vice Mayor Erica A. Stewart, Council
Member Carlyn Christianson, Council Member Andy Pease
Council Members
Absent:
Council Member Jan Marx
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney,
Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on
May 4, 2021 at 6:00 PM, by Mayor Harmon with all members present via
teleconference.
2. PLEDGE OF ALLEGIANCE
Council Member Andy Pease led the Pledge of Allegiance.
3. PRESENTATIONS
3.a CITY MANAGER REPORT
City Manager Derek Johnson provided a brief update on current projects
and Covid-19.
3.b PRESENTATION ON THE "BIKE THERE!" EVENT ON MAY 20, 2021
Catalina Hubbard, SLOCOG provided a presentation on the "Bike There!"
event, which will be held on Thursday, May 20, 2021.
3.c FAIR TRADE MONTH PROCLAMATION
Mayor Harmon presented a Proclamation declaring the month of May as
"Fair Trade Month" to Grace Burnite, on behalf of Net Impact Fair Trade
Committee at Cal Poly.
Item 6
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3.d PUBLIC WORKS AND UTILITIES WEEK PROCLAMATION
Mayor Harmon presented a Proclamation declaring the week of May 16-
22, 2021 as "Public Works & Utilities Week" to Assistant City Manager -
Community Services Shelly Stanwyck and Utilities Deputy Director Dave
Hix.
3.e MAYOR'S AWARD FOR COMMUNITY SERVICE
Mayor Harmon recognized the students from Laguna Middle School who
completed 30 or more hours of community service.
3.f INTRODUCTION OF HOMELESS RESPONSE MANAGER, KELSEY
NOCKET
Community Development Director Michael Codron introduced Kelsey
Nocket, the new Homeless Response Manager.
4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comments:
Joe Benson
Garrett Otto
Marshall James
Jonathan Roberts
Shawn McNabb
J.R. Killgrew
---End of Public Comment---
5. CONSENT AGENDA
Motion By Council Member Christianson
Second By Council Member Pease
To Approve Consent Calendar Items 5a through 5i, 5k and 5l.
Ayes (4): Mayor Heidi Harmon, Vice Mayor Stewart, Council Member
Christianson, and Council Member Pease
Absent (1): Council Member Marx
CARRIED (4 to 0)
5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Waive reading of all resolutions and ordinances as appropriate.
Item 6
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5.b MINUTES REVIEW - APRIL 13, 2021 AND APRIL 20, 2021 COUNCIL
MINUTES
Approve the minutes of the City Council meetings held on April 13, 2021
and April 20, 2021.
5.c AUTHORIZE AMENDMENT NUMBER 4 TO THE TRANSIT
OPERATIONS & MAINTENANCE CONTRACT WITH FIRST TRANSIT
INC
Authorize the Mayor to execute Amendment No. 4 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 not to
exceed $2,883,946.
5.d AUTHORIZE A CONTRACT WITH HDL COMPANIES FOR CANNABIS
PROGRAM SERVICES
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.
5.e AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP)
FOR A CONSULTANT TO SERVE AS THE CITY’S BELOW MARKET
RATE (BMR) HOUSING PROGRAM ADMINISTRATOR
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.
5.f AUTHORIZATION TO ADVERTISE 2021 DOWNTOWN PAVEMENT
IMPROVEMENTS PROJECT, SPECIFICATION NO. 1000167
1. Approve the project plans and specifications 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
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$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.
5.g AUTHORIZATION TO ADVERTISE SINSHEIMER IRRIGATION AND
DRAINAGE, SPECIFICATION NO. 91658
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.
5.h AUTHORIZATION TO RECLASSIFY SIX SUPPLEMENTAL YOUTH
SERVICES SITE SPECIALISTS TO SIX FULL-TIME EQUIVALENTS
Adopt a Resolution to create six full-time equivalent (FTE) positions due to
a reclassification of the Youth Services Site Specialist position.
5.i FISCAL YEAR 2021-22 CENTRAL SERVICE COST ALLOCATION PLAN
Approve the 2021-22 Central Service Cost Allocation Plan including the
Cost of Services Allocation and Labor Rates.
5.k SECOND READING OF ORDINANCE NO. 1697 (2021 SERIES)
APPROVING THE LEVY OF THE SPECIAL TAX FOR THE SAN LUIS
RANCH COMMUNITY FACILITIES DISTRICT
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).”
5.l POLICE DEPARTMENT 2019/2020 CRIME COMPARISON AND
UPDATE
Receive and file the 2020 Police Department Crime Report.
Item 6
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5.j ADOPTION OF ORDINANCE 1695 (2021 SERIES) AMENDING THE
SAN LUIS OBISPO MUNICIPAL CODE TO ADD CHAPTER 8.10
(SHOPPING CARTS), AND ORDINANCE 1696 (2021 SERIES) TO
AMENDING CHAPTER 12.04 (ENCROACHMENTS AND
EXCAVATIONS) AND CHAPTER 12.20 (PARK REGULATIONS)
Motion By Mayor Heidi Harmon
Second By Vice Mayor Stewart
To continue to a date uncertain.
Ayes (4): Mayor Heidi Harmon, Vice Mayor Stewart, Council Member
Christianson, and Council Member Pease
Absent (1): Council Member Marx
CARRIED (4 to 0)
6. STUDY SESSION
6.a STUDY SESSION ON THE PUBLIC DRAFT PARKS + RECREATION
BLUEPRINT FOR THE FUTURE: 2021-2041 (PARKS AND
RECREATION PLAN AND GENERAL PLAN ELEMENT UPDATE)
Parks and Recreation Director Greg Avakian and Senior Planner Shawna
Scott provided an in-depth staff report and responded to Council
questions.
Public Comments:
Michelle Shoresman
Jonathan Roberts
---End of Public Comment---
By consensus, the Council provided the following comments:
• Further assess if use of resident or daytime population is appropriate
for parkland aspirations (10 acres per 1,000 people) and/or current and
future amenity needs.
• Make sure there are clear distinctions about Open Space and open
public spaces/places and urban trails.
• Remove reference to a second golf course as a future amenity
opportunity.
Item 6
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• Consider dividing the Meadow/Sinsheimer sub-area into two sub
areas.
• Look for "quick build" projects as it relates to what we already have,
such as a dirt pump track, dog parks, shade/cooling, lighting, gardens,
and community events.
• Update opportunities for Cheng Park improvements.
• Clarify if multi-generational center would also be a multi-cultural center.
• Clearly explain and clarify community engagement results summarized
in the document.
• Consider park ambassadors to support diversity, equity, and inclusion.
• Conduct additional focused outreach related to diversity, equity, and
inclusion.
7. LIAISON REPORTS AND COMMUNICATIONS
Vice Mayor Stewart announced this month is Community Action Month. On May
12th there will be a public meeting for Central Coast Community Energy Meeting.
REACH will be doing another public meeting at the end of the month.
Council Member Pease reminded the public that is a Groundwater Sustainability
Subcommittee meeting tomorrow and now is a good time to get involved for
those interested in groundwater management in the San Luis Obispo and Edna
Valley.
8. ADJOURNMENT
The meeting was adjourned at 10:14 pm. The next Regular City Council Meeting
is scheduled for May 18, 2021 at 5:30 pm and 6:00 pm, respectively, via
teleconference.
Item 6
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Department Name: Administration
Cost Center: 1005
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Sustainability and Natural Resource Official
Chris Read, Sustainability Manager
Shannon Pressler, CivicSpark Fellow
SUBJECT: 2020-21 CLIMATE ACTION PROGRESS REPORT
RECOMMENDATION
Receive and file 2020-21 Climate Action Progress Report.
DISCUSSION
The 2020-21 Climate Action Progress Report (Report) provides a snapshot of the work
accomplished to advance Council’s Climate Action Major City Goal in calendar year 2020 and
early 2021 (Attachment A). The Report reflects on a challenging yet successful year for climate
action, provides an update on major accomplishments and notable progress, and offers a high-
level glimpse of the Office of Sustainability’s workplan in 2021 and beyond. The plan also
includes a comprehensive overview of the implementation status of each action from the Climate
Action Plan for Community Recovery.
The Report highlights key Climate Action Plan implementation milestones achieved by staff in
calendar year 2020 and early 2021. Foundational actions that were completed in 2020 include the
adoption of the Clean Energy Choice Program for New Buildings (Climate Action Plan Action
“Green Buildings 1.1”) and the launch Central Coast Community Energy (3CE, formerly
Monterrey Bay Community Power) to receive clean electricity (Climate Action Plan Action
“Clean Energy 1.1”). Other key initiated Climate Action Plan actions include:
• Lead by Example 1.1 – Staff convened the Green Team to collaboratively develop a plan
to achieve the Council-adopted goal of carbon neutral City operations by 2030. The plan
is expected to be presented to Council for adoption in Summer of 2021. The City was
also successful in “doing while planning” and completed several important projects (e.g.,
LED lighting retrofits at both Palm Street garages, solar powered electric vehicle
chargers at City Hall, purchase of two electric buses, etc.).
• Buildings 2.1 – Staff convened a cohort of peer leadership cities in the central coast and
initiated research to assess the feasibility of a strategic and equity focused building
retrofit program.
Item 7
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Of the 27 foundational actions and five administrative actions included in the City’s Climate
Action Plan, three are completed, two are ongoing, 15 are initiated, nine are planned, and three
are on hold. Of the Planned, Ongoing, and Initiated actions, 18 are proposed to be explicitly
included in the 21-23 Financial Plan.
In 2020, staff also supported the initiation of the Resilient SLO Project. While not included as a
CAP foundational action, Resilient SLO is a planning initiative to adapt and build resilience to
the impacts of climate change. The project, funded through a Caltrans Adaptation Planning
Grant, will be completed in partnership with the Local Government Commission with support
from a consulting team at Ascent Environmental. Staff completed extensive foundational project
work in calendar year 2020, including the development of a Baseline Conditions Report, a
baseline assessment of current natural hazards impacting the city, and the formation of the
Resilience Roundtable community stakeholder group.
As discussed in Attachment A, 2020 also provided substantial challenges due to the COVID-19
crisis. Office of Sustainability staff were redirected to emergency response services for the
majority of 2020 which had a staff time and resource impact on planned activities.
Entering the 21-23 Financial Plan budget cycle, the City will begin accelerated implementation
of the CAP. The projects initiated in 2021 will be foundational for continued progress toward the
Council adopted goal of communitywide carbon neutrality by 2035 and municipal operations
carbon neutrality by 2030. Staff also anticipate further integrating climate resilience into the
City’s operating practices and anticipates completing Resilient SLO through adoption of the
updated Safety Element in late 2021.
Policy Context
Council adopted the Climate Action Plan for Community Recovery and the related carbon
neutral by 2035 Goal in August of 2020. The Plan includes an actual to regularly report on
climate actin progress to Council.
Public Engagement
The 2020-21 Climate Action Progress Report is a summary of actions initiated or completed.
Public engagement has been completed or is planned for each of these initiatives.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
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Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $
State
Federal
Fees
Other:
Total $
All tasks and work items described in this Council Agenda Report and Attachment A are
supported by annual program budget appropriations and have been included in the
Administration department budget request for the 2021-23 Financial Plan.
ALTERNATIVES
Council could direct staff to return with more information.
Attachments:
a - COUNCIL READING FILE - 2020-21 Climate Action Progress Report
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Department Name: Public Works
Cost Center: 5301
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Richard Burde, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE BROAD & LEFF CULVERT REPAIR
PROJECT, SPECIFICATION NO. 91156
RECOMMENDATION
1. Approve the Project Plans (Attachment A) and Special Provisions (Attachment B) for the
Broad & Leff Culvert Repair Project; and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager to award the construction contract for the bid total if the lowest
responsible bid is within the Engineer’s Estimate of $340,000 and the funding amount is
consistent with the adopted 2021-23 budget appropriation for this project.
DISCUSSION
Background
The City’s Storm Drain System Replacement program addresses capital maintenance of drainage
pipelines, culverts, and constructed drainage channels by replacing or reconstructing aged and
failing facilities. This program reduces risk of flooding and property losses.
Portions of the City’s storm drainage infrastructure consists of concrete box culverts, many of
which were built in the oldest areas of the City like “Old Town” and “Downtown”. These
culverts were used as a convenient and cost-effective way to develop over existing creeks and
streams without the need to rerouting natural drainage patterns. With time these older concrete
culverts crack and the concrete erodes away exposing the rebar that is placed in the concrete
culvert to give it additional strength. Once exposed, the rebar begins to rust and decay. In many
cases these culverts support roadways and failure would cause costly repairs and community
inconvenience.
This project will repair a culvert located at Broad and Leff streets, which conveys flows
underneath the intersection and adjacent residences. This project was originally designed in
2012, but funding constraints delayed construction.
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VICINITY MAP
Project Description – Broad and Leff Culvert Repair
The concrete box culvert crossing under the intersection was constructed in the early 1900’s and
the concrete around the reinforcing steel has worn away over the years. The reinforcing steel is
exposed and corroding. This culvert is at risk of failure. This project will extend the life of the
existing culvert by lining it with shotcrete and protecting the rebar from further corrosion.
In addition to the culvert repairs the project will replace existing storm drain inlets, failing storm
pipes that drain into the culvert, and install ADA compliant curb ramps on all four corners of the
intersection.
Previous Council or Advisory Body Action
This project was identified within the Storm Drains Annual Asset Maintenance Account
approved by Council as part of the 2019-21 Financial Plan. Due to elevated construction costs,
funding was directed to complete the Bullock Lane CMP replacement project and this project
was deferred until sufficient funding appropriation with the FY 2021-23 Financial Plan.
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 the “Storm Drains Annual Asset
Maintenance” program and completed through the budget process.
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CONCURRENCE
The Administration and Public Works departments concur with the proposed recommendations
outlined in this document. In addition, support from the Army Corp of Engineers, Fish &
Wildlife, and the California Regional Water Board has been shown through the issuance of
regulatory and encroachment permits.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15301 Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA). A Notice of Exemption will be
filed through the Community Development Department upon Council approval of the project.
Environmental protection measures are required by permits issued by the Army Corp., California
Water Board, and Department of Fish and Wildlife. No additional environmental review is
required.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-20 and 2020-21
Funding Identified: Yes
Fiscal Analysis:
The engineer’s estimate for this project is $340,000. Staff is recommending this project be
approved for advertising and allowing the bid process to begin in advance of the Budget
Adoption for 2021-23 to allow this project construction during the summer of 2021 which is
ideal for storm drain replacement projects. If the City’s capital budget is approved as proposed
(as reviewed at Strategic Budget Direction on April 20, 2021), funding will be made available
July 1, 2021. Costs for this project will not incurred until after the 2021-23 CIP Budget Adoption
and July 1, 2021 fund allocation – thus allowing staff to return to Council for project scope
modification if needed (which would delay construction to a date uncertain).
There is currently a balance of $7,613 in the project account (Award 91156) and $43,529 in the
Storm Drain System Replacement Annual Asset Maintenance Account (Award 90742).
Additional funding of $910,000 from the Local Revenue Measure Fund is proposed in the 2021-
2023 Financial Plan Capital Improvement Plan to provide funding for components of this and
other storm drain projects. Another source of funding is provided in the Street Reconstruction
and Resurfacing Annual Asset Account (90346) to support the curb ramp installations and street
maintenance improvements. Funding of $2,677,971 is proposed in the 2021-2023 Financial plan
Capital Improvement Plan from the Local Revenue Measure Fund and the Capital Outlay Fund.
The majority of this funding is allocated to the 2021 Downtown Pavement Improvements project
(Specification 1000167), but the anticipated remaining balance after project completion is
$435,970 which can be used to fund the street and curb ramp components of this project.
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Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other: $421,500.00 $421,500.00
Total $421,500.00 $421,500.00
ALTERNATIVES
Deny authorization to advertise. Council could choose to not authorize City staff to advertise the
Broad and Leff Culvert Repair project. This is not recommended as further delay in the repair
work could result in further deterioration of the culvert and eventual failure.
Attachments:
a - COUNCIL READING FILE - Project Plans
b - COUNCIL READING FILE - Special Provisions
LRM Fund LRM and Capital Outlay
Engineer's Estimate:$215,000 $125,000 $340,000
Contingencies (20%)$43,000 $25,000 $68,000
Total for Construction $258,000 $150,000 $408,000
Materials Testing:$1,500 $1,500 $3,000
Printing:$500 $500
Consultant Construction Support $10,000 $10,000
Total Project Cost $270,000 $151,500 $421,500
Current Project Balance(91156):$7,613
Current Storm Drain Annual Asset
Maintenance Balance(90742):$43,529
Additional FY20/21 Budget Funding $910,000 $2,677,971
2021 Downtown Pavement
Improvement(1000167) $2,242,001
Post Project Remaining Balance:$691,142 $284,470
Project Total
Costs
Storm Drain
Annual Asset
Maintenance
Broad & Leff Culver Repair , Specification No. 91156
Street Reconstruction
and Resurfacing
Annual Asset
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Department Name: Finance
Cost Center: 2002
For Agenda of: May 18, 2021
Placement: Consent
Time Estimate: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Natalie Harnett, Principal Budget Analyst
SUBJECT: 2020-21 THIRD QUARTER FINANCIAL REPORT
RECOMMENDATION
Per the City’s Financial Reporting and Budget Administration policy for interim reporting,
receive and file an update on the status of the City’s current financial position, Major City Goals,
and Capital Improvement Plan (CIP) projects for the third quarter of Fiscal Year 2020-21.
DISCUSSION
The accompanying Financial Report for the third quarter of FY 2020-21 (Attachment A)
provides a high-level overview of the City’s financial condition as of March 31, 2021. The report
highlights revenue and expenditure actuals for the first nine months of the fiscal year. It also
includes an update on the Meta Goal strategies for the 2020-21 Supplemental Budget. The report
includes a CIP update and highlights milestones projects from the third quarter. The report’s
focus is on the General Fund; however, updated information is also provided for each of the
City’s four enterprise funds.
Background
With the 2019-20 Financial Plan, the City implemented quarterly financial reports to the City
Council to help monitor fiscal performance. The purpose of reporting on financial position more
regularly is to monitor economic development and fiscal health ongoingly and to respond to
developments as trends begin to form. The third quarter report includes any budget adjustments
that were made at the mid-year review on February 2, 2021.
Report Contents
Section 1: General Fund Update: The City’s overall revenue and expenditure picture was
updated in February 2021 as part of the 2020-21 mid-year review. As of March 31, 2021,
operating expenditures trend on target with past years’ third quarters. The overall economic
bounce back from the initial COVID19 shutdown has been stronger than anticipated with most
revenues tracking at or above current projections indicative that budgetary assumptions for the
fiscal year will hold.
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Section 2: Enterprise Funds: The enterprise funds are also tracking in line with budget
projections and will likely end the year as stated in the adopted budget.
Section 3: Meta Goal Update: As part of the Supplemental Budget adoption, the Council
concluded that the City’s top priority for 2020-21 is to protect the public health of San Luis
Obispo, provide essential services, and assist the community in economic recovery via a Meta
City Goal. As of third quarter, it is estimated that over $1.6 million dollars of operating budget
and 56,303 hours of staff time have been allocated towards advancement of Meta Goal efforts.
Section 4: Capital Improvement Plan Update: Public Works CIP Engineering and
Management staff have delivered multiple projects over the first three quarters of the fiscal year
as listed in the below table, including the installation of new playground equipment at Islay Hill
Park, new public safety communications tower and equipment on South Hills, and high
efficiency LED lighting installations in the 919 Palm Parking Structure. Notable ongoing work
includes the Terrace Hill Pipeline and PRV Rehabilitation project and the Railroad Safety Trail
from Taft to Pepper.
Section 5: Outlook and Conclusion The impact of COVID19 on the economic forecast has
trended more favorably than originally anticipated but it is still unknown how long COVID-19
related effects will continue. As staff expects a return to “normal” over the remainder of the 2021
calendar year, there will be a need to address resource deficiencies and catch up on programs
addressing pent-up customer demand. These fiscal impacts along with updated long-term
forecasts for the General and Enterprise Funds were presented to Council on April 20, 2021 with
the Strategic Budget Direction report and will be included in the 2021-23 Financial Plan.
Policy Context
According to budget policy F, Goal Status Reports of major program objectives, will be formally
reported to the Council on an ongoing, periodic basis.
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 Third Quarter Financial
Report for FY 2020-21 (Attachment A) will be posted on the City’s website for public review.
CONCURRENCE
Operating departments review and monitor financial results on a regular basis. The respective
fiscal officers reviewed the numbers and will be closely monitoring the budget for the remainder
of the year.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
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FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total
There is no fiscal impact associated with this report. It reports on the City’s current year budget
appropriations and its revenue collection to provide a financial overview of City operation at the
end of the third quarter on March 31, 2021.
ALTERNATIVE
Do not receive an update on the status of the current financial position, Major City Goals, and
CIP projects for the third quarter of Fiscal Year 2020-21.
Attachments:
a - 2020-21 Third Quarter Financial Report
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Third Quarter Financial Report
Fiscal Year 2020-21
Introduction
This report provides an overview of the City’s financial position through the third quarter of fiscal year
2020-21 (January 1 - March 31, 2021) for the General Fund and the four enterprise funds. It also provides
an update on the status of the City’s Capital Improvement Program (CIP) projects and City Meta Goal.
Notable milestones or trends within the third quarter are addressed and detailed throughout the
document. The report is broken down into the following sections:
General Fund Update
The City’s overall revenue and expenditure picture was updated in February 2021 as part of the 2020-21
mid-year review. As of March 31, 2021, operating expenditures trend on target with budgetary
appropriations. The overall economic bounce back from the initial COVID19 shutdown has been stronger
than anticipated with the gradual reopening of the economy and the nationwide vaccine administration,
but some uncertainties remain. While some revenues are tracking more favorable than originally
anticipated, many of these revenues come along with increased expenditures as the City can re-open and
offer programs that had to be closed. Below are the highlights from the third quarter (year -to-date):
COVID19: The COVID19 pandemic began more than one year ago. Along with the reduced revenues, the
pandemic brought unfunded costs associated with communication, supporting economic recovery, and
protecting the health of the community. When 2018-19 Audited Financials were presented to Council on
March 17, 2020, approximately $6 million in one-time undesignated fund balance remained available to
support the City’s efforts. The City Council therefor adopted a resolution to keep these funds in
undesignated fund balance and give the City Manager the authority to allocate towards COVID expenses
1 General Fund Update
2
Enterprise Funds
Update
3 Meta Goal Update
4 Capital Improvement
Plan Update
5 Outlook and
Conclusion
1
$57 Million
in Revenues
(YTD)
$54 Million
in OpEx
(YTD)
16 Meta
City Goal
actions
Completed
13 CIP
Projects
Completed
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and economic recovery efforts as needed. The chart below shows the remaining amount in fund balance
as of March 30, 2021.
Table 1: 2018-19 Unassigned Fund Balance Update
Original Balance Used to Date Remaining Balance (3/31/21)
$5,991,692 $904,530 $5,087,162*
(*includes earmarked initiatives yet to be expended)
As part of the adopted Meta City Goal, the City has been focusing efforts and funding to support the local
economy and promote a safe environment during the health crisis. An overview of these actions can be
found here.
General Fund Revenue
Sales Tax: As of March 31, 2021, about 63% of the City’s forecasted sales tax revenue for this fiscal year
had been collected due to the timing of disbursements from the California Department of Tax and Fee
Administration (CDTFA. This accounts for revenue earned July 2020 through February 2021. As with most
California cities, actual sales tax revenues for the last nine months have been higher than initial
projections. This was partially due to an increase in the state and county pool allocation which helped
offset the decrease in tax revenue from general consumer goods and other negatively affected industries.
Online sales are the largest contributor to the countywide pool allocation. The chart below shows a year
over year comparison of sales tax revenue for the third quarter.
$3.72
$3.89 $3.84
$4.14 $4.07 $4.00
FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 Forecastin millionsQ3 Bradley Burns Sales Tax Year-over-year Comparison
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Property Tax: Most property tax is collected in the third and fourth quarter of the fiscal year. The latest
property tax forecast provided by the County confirms that the economic downturn has had little effect
on the housing market and economists are predicting that it will remain stable into the foreseeable future.
Current year property tax revenue assumptions assume a 4% increase from FY 2019 -20, followed by a
stable 3% annual growth in the five-year forecast. The City has received about 62% of its property tax
forecast and expects to meet the projection of $19.5 million by year-end.
Transient Occupancy Tax (TOT): Tourism activity (or lack thereof) and the resulting TOT collection remain
top concerns for the City. However, despite hotel occupancy rates remaining below normal levels for this
time a year, staff expect tourism to spike in the coming months due to pent up demand. Now that vaccines
are readily available and the County has entered the “orange tier”, San Luis Obispo will likely benefit as a
drive-to destination for many surrounding areas. Current year revenue projections are about 20% lower
than pre-Covid years. Given the expected bounce back in fourth quarter travel, the City will likely meet or
slightly exceed the revenue forecast of $6.2 million.
Cannabis Tax: The City’s first storefront retail cannabis shop opened mid-August 2020 providing an
increase in monthly cannabis tax revenues. Given this is a new revenue stream for the City, it is difficult
to predict how demand will level out as more retail business open. The year-to-date tax revenue has
already surpassed projections, but will offset the projected reduction of $200,000 in cannabis fee revenue
due to the approved fee adjustments. . In outer years, the City adjusted forecasts.
Development Review: The Community Development Department is funded by fees for service; therefore,
it forecasts revenue based on a cost of service “baseline” and up to 75% of the revenue above that
baseline is eligible for placement in a designated account that can be used to fund one-time development
services resources. This process helps ensure that the department has funding available for periods of
high activity but is not over-staffed during periods of low activity. The City has been in period of high
development activity for the last several years and based on economic indicators and the expected
ongoing demand for housing, this trend is expected to continue during the five -year forecast period To
address the ongoing need for resources, the department is proposing to increase its “baseline” in the
2021-23 Financial Plan and hire ongoing resources. This update will significantly lower (or eliminate) over-
realized revenue, but it will ensure consistent and quality staff resources which are often difficult to hire
on a temporary or contractual basis.
Recreation Services: The Parks & Recreation department significantly lowered revenues due to Covid-19
required program closures and the uncertainty when they could resume. Fortunately, many programs
have been able to re-start and the department is expecting to see revenues that exceed projections. This
will help partially offset the increase in expenditures needed to run the programs and abide by increased
health and safety protocols.
Important note on fees and services: Overall, fee and service revenue is tracking significantly above
projections. It is important to note that some of this revenue is offset by increased expenditures as
programs can re-open and resume regular schedules. Additionally, , the City has received over $1.8 million
in un-budgeted mutual aid reimbursement to help offset the cost of the City sending fire support services
to other jurisdictions during last fall’s fire season. All things considered; staff expect fee revenue to
outperform original (conservative) projections.
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General Fund Expenditures
Overall expenditure trends are on track with budget. The graphs below include third quarter consumption
for FY 2020-21 compared to budget. The “Total Expenditures & Obligations” column includes both costs
that have already been incurred and costs that are obligated on purchase orders. The “Budget
Adjustments” column includes carryover from FY 19-20 and any Council approved or City Manager
approved changes that happened after original budget adoption.
Expenditures by Type:
Table 3: General Fund Expenditures by Type
Expenditure Type Initial Budget Budget
Adjustments Total Budget
Total
Expenditures
& Obligations
%
Consumed
Staffing $53,729,036 $2,542,516 $56,271,552 $39,865,656 71%
Contract Services $5,189,994 $3,433,467 $8,623,461 $6,824,519 79%
Other Operating Expenses $5,104,791 $1,910,835 $7,015,626 $4,346,986 62%
Utilities $2,581,138 $4,310 $2,585,448 $1,945,148 75%
COVID Expenses * $- $1,679 $1,679 $1,045,278
Grand Total $66,604,959 $7,892,807 $74,497,766 $54,027,588 73%
* Total expenditures include small business grants and economic efforts that were reimbursed through the CARES act.
Covid-related expenses have also been submitted to FEMA and are awaiting processing.
There are no significant variances to point out in the general fund. It is expected that contract services and
other operating expenses track above 75% because annual purchase orders are set up at the beginning of
the year and the funds are considered “Obligated” from that point forward . Staffing should track at a
consistent level and 71% is consistent with where the City should be given the number of payrolls that
were posted as of March 31, 2021 and the Fiscal Health Contingency Plan hiring chill still in effect.
Expenditures by Department:
Department Initial Budget Budget
Adjustments Total Budget
Total
Expenditures &
Obligations
% Consumed
Admin & IT 8,102,779$ 1,147,163$ 9,249,942$ 7,046,916$ 76%
City Attorney 5,325,811$ 1,607,647$ 6,933,458$ 5,002,270$ 72%
Community Development 778,167$ 362,569$ 1,140,736$ 811,882$ 71%
Finance 2,998,897$ 779,366$ 3,778,264$ 2,714,364$ 72%
Fire 12,615,778$ 2,292,811$ 14,908,590$ 10,682,800$ 72%
Human Resources 1,350,586$ 131,210$ 1,481,796$ 1,156,866$ 78%
Parks & Recreation 4,274,301$ 183,992$ 4,458,293$ 3,016,162$ 68%
Police 17,802,862$ 220,971$ 18,023,833$ 13,109,244$ 73%
Public Works 13,196,459$ 1,097,727$ 14,294,186$ 10,409,122$ 73%
Utilities - Solid Waste (AB939)*159,318$ 69,351$ 228,669$ 76,254$ 33%
Grand Total 66,604,959$ 7,892,807$ 74,497,766$ 54,025,879$ 73%
*This program is funded by AB939 revenue which is specifically collected to support solid waste and recycling efforts. Unused budget will be carried over to next year
as part of the 2021-23 Financial Plan recommendation.
Table 4: General Fund Expenditures by Department
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Enterprise Fund Update
Utilities: Water and Sewer Funds
The tables below include third quarter actuals for FY 20-21 compared to the projection. The “Total
Expenditures & Obligations” column includes both costs that have already been incurred and costs that
are obligated on purchase orders. The “Budget Adjustments” column includes carryover from FY 19-20
and any Council approved or City Manager approved changes that happened after original budget
adoption.
Revenue: Revenues are on track. In accordance with an order from the Governor, water services are not
being discontinued for non-payment. In addition, the City has chosen not to send past due closed accounts
to a collection agency to accommodate customers who are having trouble paying their bills because of
the Covid related economic downturn. Both moratoriums have resulted in higher-than-normal past due
account balances. The Utilities department continues to monitor past due account balances and, at the
recommendation of the City auditor, has created a “doubtful accounts” general ledger account to record
those balances that are unlikely to ever be collected.
Water consumption overall through the third quarter of fiscal year 2021 was very similar to the same
quarter last year. Residential and irrigation consumption increased but commercial consumption
decreased as compared to the last year.
Expenditures: There are no significant variances to point out at this time. As with the General Fund, both
Utilities have obligations that are contracted and paid at the beginning of the fiscal year (Nacimiento
Source of Supply) or on a quarterly basis. Staffing should track at a consistent level and 65% and 68%
expended is consistent with where the funds should be given the current staffing levels and the number
of payrolls already posted.
2019-20
Table 5: Water/Sewer Fund
Revenue * Q3 Actual Total Budget Q3 Actual % Received Variance from
prior year
Water Fund 18,135,849$ 21,350,310$ 17,716,615$ 83%-2%
Sewer Fund 14,052,806$ 18,086,895$ 13,320,583$ 74%-5%
* Does not include debt financing, impact fees or transfers
2020-21
Table 6: Operating Expenses by Type Initial Budget Budget
Adjustments Total Budget
Total
Expenditures &
Obligations
% Consumed
Water Fund 16,928,253$ 1,194,628$ 18,122,881$ 15,301,202$ 84%
Staffing 4,402,502$ 166,597$ 4,569,099$ 2,981,381$ 65%
Contract Services 458,870$ 106,247$ 565,117$ 436,571$ 77%
Other Operating Expenses 11,410,181$ 921,784$ 12,331,965$ 11,432,662$ 93%
Utilities 656,700$ 656,700$ 450,588$ 69%
Sewer Fund 7,841,135$ 613,111$ 8,454,246$ 6,160,260$ 73%
Staffing 4,668,962$ 139,163$ 4,808,125$ 3,280,728$ 68%
Contract Services 858,990$ 253,307$ 1,112,297$ 950,974$ 85%
Other Operating Expenses 1,555,083$ 219,607$ 1,774,690$ 1,464,736$ 83%
Utilities 758,100$ 758,100$ 401,131$ 53%
COVID Expenses -$ 1,034$ 1,034$ 62,691$ 6061%
Grand Total 24,769,389$ 1,807,739$ 26,577,127$ 21,461,462$ 81%
2
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Parking Fund
The tables below include third quarter actuals for FY 20-21 compared to the projection. The “Total
Expenditures & Obligations” column includes both costs that have been already been incurred and costs
that are obligated on purchase orders. The “Budget Adjustments” column includes carryover from FY 19-
20 and any Council approved or City Manager approved changes that happened after original budget
adoption.
Revenue: The parking fund significantly lowered its revenue forecast in the 2020-21 budget because of
expected loses due to COVID19. The department revenues are tracking higher than projected but are
lower than prior years. The Parking Fund anticipates that parking meter and enforcement revenues will
outperform projections made at mid-year because collection of fees across all parking programs have
been re-established.
Expenditures: The Parking Fund has been heavily relied upon to support economic recovery efforts during
FY 2020-21. Parking incentives have caused a significant reduction in revenues, but expenditures did not
decrease at the same level. In light of this, the Parking Fund remains in a position where expenditures are
expected to outpace revenues. Full detail about the Parking Fund status and proposed enhancements can
be found in the Strategic Budget Direction Report located here.
Transit Fund
The tables below include third quarter actuals for FY 2020-21 compared to the projection. The “Total
Expenditures & Obligations” column includes both costs that have already been incurred and costs that
are obligated on purchase orders.
2019-20
Table 8: Parking Fund
Revenue * Q3 Actual Total Budget Q3 Actual % Received Variance from
prior year
Parking Fund 2,872,502$ 2,296,291$ 2,236,603$ 97%-22%
* Does not include debt financing, transfer or impact fees
2020-21
Table 9: Operating Expenses by Type -
Parking Initial Budget Budget
Adjustments Total Budget
Total
Expenditures &
Obligations
% Consumed
Staffing 1,177,211$ 350$ 1,177,561$ 827,248$ 70%
Contract Services 776,265$ 221,119$ 997,384$ 752,818$ 75%
Other Operating Expenses 259,500$ 6,054$ 265,554$ 160,859$ 61%
Utilities 201,178$ 201,178$ 104,840$ 52%
Grand Total 2,414,155$ 227,523$ 2,641,678$ 1,845,764$ 70%
2019-20
Table 10: Transit Fund
Revenue * Q3 Actual Total Budget Q3 Actual % Received Variance from
prior year
Transit Fund 2,037,804$ 4,808,075$ 1,793,868$ 37%-12%
* Does not include debt financing, transfer or impact fees
2020-21
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Revenue: Most of the Transit Fund revenue is from State and Federal grants that are received at the end
of the fiscal year; therefore, having received only 37% of the forecasted revenue at this point is normal.
Additionally, the Transit program still has an unused balance of CARES Act funds that will be cover most,
if not all, operating expenses incurred in FY20-21 that is accessible to the program at the end of the fiscal
year.
Expenditures: There are no significant variances to point out at this time. The contract services line-item
signifies the same considerations as the other funds. In the case of the Transit fund, the majority of the
Contract Services budget is for the annual transportation services contract with First Transit, Inc.
Table 11: Operating Expenses by Type -
Transit Initial Budget Budget
Adjustments Total Budget
Total
Expenditures &
Obligations
% Consumed
Staffing 327,181$ 327,181$ 241,207$ 74%
Contract Services 2,849,033$ 153,836$ 3,002,869$ 3,011,578$ 100%
Other Operating Expenses 666,800$ 101,361$ 768,161$ 711,068$ 93%
COVID Expenses -$ 16,000$ 16,000$ 28,892$ 181%
Grand Total 3,843,015$ 271,197$ 4,114,211$ 3,992,745$ 97%
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0
1
2
8
16
40
0 5 10 15 20 25 30 35 40 45
Not Started
20% Completed
50% Completed
75% Completed
Completed
Ongoing
Number of Actions
Meta City Goal Status Update
Meta City Goal Update
As part of the Supplemental Budget adoption, the Council concluded that the City’s top priority for 2020 -
21 is to protect the public health of San Luis Obispo, provide essential services, and assist the community
in economic recovery via a Meta City Goal. To provide Council with meaningful updates on the goal, staff
implemented a detailed tracking mechanism to monitor Meta Goal actions. The table below shows a
status overview of each of the ten strategies:
2020-21 Highlights
• Mission Plaza Activation/
Improvements
• Open SLO investment, Parklets
• Small Business Grants
• Downtown Retail Strategy
• CAPSLO Safe Parking
• Shop Local Incentive
Strategy Staff Hours Spent Operating
Dollars Spent
Businesses
Supported*People Impacted*
Business 1,576 $ 776,740 6,043 0
Cal Poly 756 $ 50,111 150 1
City Organization 9,867 $ 7,144 213 162,270
Community 30,347 $ 65,053 7,593 1,199
Community Partners 158 $ - 3 0
Downtown 990 $ 320,000 420 160,000
Impacted Industries and Business
Neighborhoods
2,781 $ 223,531 128 4,500
Infrastructure and Capital Projects 2,503 $ 233,611 1 164,500
Quality of Life 5,948 $ 13,370 48 83,000
Resiliency 1,378 $ 7,500 450 0
Total 56,303 1,697,059$ 15,049 575,470
Table 12: Meta Goal Update by Strategy
* A business or person can be supported multiple times through different efforts. These numbers refer to the total
time that a business or individual was impacted.
3
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CIP Update – Completed and Ongoing
Public Works CIP Engineering and Management staff have delivered multiple projects over the first
three quarters of the fiscal year as listed in the below table, including the installation of new playground
equipment at Islay Hill Park, new public safety communications tower and equipment on South Hills, and
high-efficient LED lighting installations in the 919 Palm Parking Structure. Notable ongoing work includes
the Terrace Hill Pipeline and PRV Rehabilitation project and the Railroad Safety Trail from Taft to Pepper.
Table 13: Completed and Ongoing CIP projects as of Q3
Project Proponent
Department Status LRM
Funded
Approx.
Construction
Budget
1 Anholm Greenway Phase 2 Crack Sealing Public Works Completed in July Yes $35,000
2 Bridge Maintenance 2020 Public Works Completed in July Yes $75,000
3 South Hills Radio Site Upgrades Public Works Substantially Complete in
September.Yes $770,000
4 Islay Hill Park Playground Equipment Replacement Public Works /
Parks and Rec.Completed in September Yes $510,000
5 Swim Center Bath House Roof Repair Public Works Completed in September Yes $103,000
6 Creek Silt Removal 2020 Public Works Completed in September No $70,000
7 City Hall Fire Department Connection Public Works Completed in September Yes $60,500
8 919 Palm Garage LED Lighting Retrofits Public Works Completed in September No N/A
9 City Facilities HVAC Replacements Public Works Completed in October Yes $140,000
10 Roadway Sealing 2020 Public Works Completed in October Yes $1,480,000
11 Storm Drain System Replacement - Bullock CMP Public Works Completed in October Yes $316,000
12 Marsh Street Bridge Replacement Public Works
Construction Completed in
January. Working on
Closeout Procedures.
Yes (10%)$4,425,000
13 Fire Station 1 HVAC Replacement Public Works Awarded. Construction in
Q4 Yes $130,000
14 Railroad Safety Trail Taft to Pepper Public Works In Construction Yes (13%)$3,775,000
15 Swim Center Shower Repair Public Works Completed in December Yes $25,000
16 Marsh Garage Elevator Repair Public Works In Construction No $86,000
17 Terrace Hill PRV Replacement Public Works In Construction No $550,000
18 Neighborhood Greenway Signage Installation Public works Completed.Yes $25,000
19 Broad/Woodbridge Pedestrian Hybrid Beacon Public Works
Preconstruction Meeting
Complete. Construction
pending equipment
delivery
No $370,000
20 Downtown Pay Stations Public Works Completed.No $400,000
21 919 Palm Garage LED Lighting Retrofits Public Works Awarded. Construction in
Q4 No N/A
22 Jeffrey Sewer and Water Replacement Public Works Awarded. Construction in
Q4 No $1,200,000
23 Higuera Street Paving Public Works Awarded. Construction in
Q4 No $160,000
24 Beebee/Cuesta/Loomis Waterline Replacement Public Works Awarded. Construction in
Q4 No $1,800,000
25 $16,505,500 Total Budget for Completed or Active Projects in FY 2020-21 Q1,Q2,&Q3
4
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Outlook and Conclusion
The impact of COVID19 on the economic forecast has trended more favorably than originally anticipated
but it is still unknown how long COVID-19 related impacts will continue. As staff expects a return to
“normal” over the remainder of the 2021 calendar year, there will be a need to address resource
deficiencies and catch up on programs addressing pent-up customer demand. This need along with an
updated long-term forecast will be outlined in the 2021-23 Financial Plan.
It is also important to note that while the City has successfully maintained a balanced budget, it will be
unable to follow through with its Fiscal Health Response Plan goals of paying a $3.0 million toward
unfunded liability during FY 2020-21
The Fiscal Health Contingency Plan remains in full effect with hiring, purchasing, and travel chills and if
staffing expenditures continue to track in a linear fashion, there may be slight savings in that category.
The enterprise funds are also tracking in line with budget projections and will likely end the year as stated
in the budget.
5
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Department Name: Public Works
Cost Center: 5002
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Hai Nguyen, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE MEADOW PARK PATHWAYS
MAINTENANCE, SPECIFICATION NO. 1000021
RECOMMENDATION
1. Authorize staff to advertise for bids and approve the project plans (Attachment A) and
special provisions (Attachment B) for Meadow Park Pathways Maintenance, Specification
Number 1000021; 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 $360,000 and the funding amount is
consistent with the adopted 2021-23 budget appropriation for this project.
DISCUSSION
Background
Bicycle and pedestrian pathways in City parks and facilities require ongoing maintenance to
provide users a safe and quality experience. The asphalt pathways at Meadow Park are failing
with severe cracking, rutting, and potholes. Trees that are adjacent to the pathway, or more
specifically tree roots, are causing the damage. More than 50% of the pathways within Meadow
Park are in poor condition and must be repaired.
This project was originally bid in December 2018 and a contract for construction was awarded.
Due to constructability challenges created by the variable condition of the existing pathway
condition, tree root conflicts, and utility conflicts the contract was terminated at no cost to the
City (Attachment C). This project has now been redesigned to address the previous
constructability issues. This project is being proposed for bidding now, prior to final CIP Budget
Adoption to secure contracts and begin and complete construction during the summer which is
the ideal time for paving.
Project Scope
This project will repair approximately 4,300 linear feet of pathways (Attachment D) and replace
one removable bollard. The pathway repair consists of milling off and replacing 4 inches of hot
mix asphalt. Pavement areas damaged by tree roots will be reconstructed. Some existing tree
roots may need to be cut, but all work adjacent to trees will be at the direction of the City
Arborist.
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Previous Council or Advisory Body Action
This project was originally identified in the 2017-19 Financial Plan that was approved by
Council. This project was then deferred with the FY 20-21 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.
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 existing pathways. The project is consistent with the applicable general
plan policies as well as with applicable City Regulations.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Staff is recommending this project be approved for advertising in advance of the Budget
Adoption for 2021-22 to allow for project implementation during the summer which is the ideal
time for paving. 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.
Funding Sources FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $345,900 $345,900
State
Federal
Fees
Sewer Fund $73,600 $73,600
Total $419,500 $419,500
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General Fund Sewer Fund
Construction Estimate $296,000 $64,000 $360,000
Contingencies (15%)$44,400 $9,600 $54,000
Total for Construction $340,400 $73,600 $414,000
Materials Testing $5,000 $0 $5,000
Printing $500 $0 $500
Total Project Cost $345,900 $73,600 $419,500
Current Project Balance:$650 $41,550
Additional Funding FY21-23 $350,000 $85,000
Downtown Paving 2021 $0 (39,675)
Remaining Balance:$4,750 $13,275
Meadow Park Pathways Maitenance, Specification No. 1000021
Meadow Park Pathways
Maintenance (1000021)
Sewer Manhole Cover
Adjustments (1000084)Project Total
Costs
There is a balance of $650 in the project account (1000021). Additional funding of $250,000
from the Local Revenue Measure Fund and $100,000 from Capital Outlay Fund is proposed in
the 2021-2023 Financial Plan Capital Improvement Plan and 2021-22 budget to provide adequate
funding for this project.
Another source of funding includes the Sewer Manhole Cover Adjustments Account (1000084)
to support adjustment of sewer facilities to new pavement elevation. There is currently a balance
of $41,550 in the account. Additional funding of $85,000 is proposed in the 2021-2023 Financial
Plan Capital Improvement Plan to provide adequate funding for this project and the 2021
Downtown Pavement Improvements Project.
ALTERNATIVES
Deny Authorization to advertise. The City Council may choose not to authorize project
advertisement prior to consideration of the 2021-23 budget review and approval. Staff does not
recommend this option, as the pathways are in need of repairs. Staff has recommended this
unique timing to try and get the project completed over the summer which is the ideal time for
paving.
Attachments:
a - COUNCIL READING FILE - 1000021 Plans
b - COUNCIL READING FILE - 1000021 Specifications
c - City Manager Report to Terminate Project
d - Project Vicinity Map
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City of San Luis Obispo, City Manager Report
`
Final City Manager Approval Approver Name Date Approved
ACM Community Services Shelly 7/29/18
Reviewer Routing List Reviewer Name Date Reviewed
City Engineer MH 7/18/19
City Attorney CB 7/24/19
Finance BE 7/24/19
July 16, 2019
FROM: Daryl Grigsby, Director of Public Works MH for
DG 7/18/19
PREPARED BY: Hai Nguyen, Engineer III
SUBJECT: Meadow Park Pathways Maintenance, Specifications No. 1000021 –
Contract Termination
RECOMMENDATION
Terminate contract with Souza Engineering Contracting in the amount of $118,090 for Meadow
Park Pathways Maintenance Project.
DISCUSSION
Background
On December 10, 2018 the City Manager authorized inviting bids for the Meadow Pathways
Maintenance Project, Specification Number 1000021. Bids were opened on January 10, 2019 and
Souza Engineering Contracting, Inc. (Souza) was the lowest responsible bidder with a proposal of
$118,090 for the total project. The project was approved for award on February 4, 2019 (Attachment
1).
The project preconstruction meeting was held on February 28, 2019. During the meeting, Souza’s
project manager asserted that existing site conditions posed constructability challenges and that design
changes should be implemented by Contract Change Order. Staff investigated and determined that
changes proposed by Souza, if implemented, would have resulted in undue risk to the City due to a
change in character of the contract work for which the resulting cost was unpredictable, but likely to
exceed the approved project budget. Souza’s proposal would also have impacted the drainage
characteristics of the pathway which would negatively affect pathway longevity.
Despite the above findings, Staff’s investigation revealed that the existing conditions would require a
more robust pavement section to ensure cohesiveness of the pavement structure and support of the
heavy construction equipment completing the milling and paving operations. Staff prepared a Cost
Request to Souza with these contract modifications. Souza returned a proposal that would have
approximately doubled the total project costs.
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Meadow Park Pathways Maintenance (1000021) – Contract Termination Page 2
As a result of the potential cost overruns, Staff have agreed with Souza to terminate the project at zero
cost to the City.
Project Development
Staff will complete further investigation of project conditions to determine the most appropriate
changes to the current design, which may include additional pavement areas allowing for better
turning movements for maintenance vehicles and a thicker pavement section to further extend the
life of the pathways.
FISCAL IMPACT
The project will be re-designed for construction within the available account balance of $137,090,
with work to take place in Summer 2020. It should be noted that high demand for contract labor
has recently resulted in substantial increases in project costs. In the event costs exceed the available
budget, Staff will seek additional funding sources to complete the work.
ALTERNATIVES
Deny termination of the contract. City Manager may choose not to terminate the contract. This
alternative is not recommended because existing funds are not sufficient to support construction
costs.
ATTACHMENTS
1. 1000021 CMR Award Report
https://slocitycloud.sharepoint.com/sites/SLOHub/Administration/citymanagersreports/Shared Documents/Public Works/2019/CIP
Engineering/1000021 Meadow Park Pathways - Contract Termination/1000021 CMR Termination.docx
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PROJECT LOCATION
MEADOW PARK PATHWAYS
MAINTENANCE
1 OF 1
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Department Name: Parks and Recreation
Cost Center: 7001
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks and Recreation Director
Prepared By: Devin Hyfield, Recreation Manager
Aleah Bergam, Administrative Analyst
Meghan Burger, Recreation Supervisor
SUBJECT: UPDATES TO THE CITY’S COMPREHENSIVE FEE SCHEDULE TO
INCLUDE NEW AND UPDATED YOUTH SERVICES, AQUATICS, AND
GOLF USER FEES
RECOMMENDATION
Adopt a Resolution (Attachment A) updating the City’s Comprehensive Fee Schedule to reflect
new and updated youth services, aquatics, and golf user fees.
REPORT IN BRIEF
This report covers fee updates and proposes new fees associated with Parks and Recreation
program expansion including new and alternative facility uses at Laguna Lake Golf Course, as
well as needed changes to several programmatic fees associated with Youth Services and the
SLO Swim Center.
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DISCUSSION
Background – Parks and Recreation Fees
Parks and Recreation fees and their rate of recovery are set by adopted Council policy guided by
type of user and similarity to services provided in the private sector. Each group of fees is set
within a range of adopted cost recovery goals ranging from high-range (60%-100%) to mid-
range (30%-60%), and low-range (0%-30%). By policy, cost recovery for activities directed to
adults should be relatively high and activities directed to youth and seniors should be relatively
low. Cost recovery should be higher in those circumstances where services are similar to those
provided in the private sector. Typically, a fee study is completed once every five years to
conduct a deep analysis on all City fees to establish the appropriate fee level to cover the cost of
service within adopted cost recovery goals. Between fee studies, the Parks and Recreation fees
should be increased based on CPI. Historically, the Department does not increase all fees by CPI
every year, due to the relatively small increments or odd number adjustment as well as market
conditions. The fee increases are therefore tracked, and an increase recommended when it meets
a level that can be administered appropriately. The cost recovery goals are therefore defined
within a range to accommodate the mechanics of fee collection.
The most recent fee study was completed in 2017 and updated fees adopted for FY 2017-18. A
fee study was originally anticipated in FY 2021-22 for proposed adoption in FY 2022-23. Due to
a variety of factors, including COVID-19 impacts and the economic recovery efforts, this work
was postponed to the next Financial Plan with CPI increases applying in the interim.
Since the 2017 fee study, the Parks and Recreation Department has experienced increased
staffing costs due to significant minimum wage increases along with the replacement of aging
infrastructure that necessitate an increase above the CPI levels. In addition, Parks and Recreation
programs and fees compete with other agencies and private-sector businesses, unlike other City
and government services. Many of the fee increases brought forward result from analysis on
competitor rates and the need to remain competitive while continuing to recover costs in
alignment with the cost recovery policies adopted by Council.
Recommended Focused Adjustment and Addition of Fees
The Department is not recommending a wholesale adjustment to all Parks and Recreation fees at
this time. Certain fees impact families and children more and the Department remains mindful of
COVID-19 impacts on family users as well as Council adopted policies for low fee recovery for
this user group. Most of the fee increases presented in this report are still set below competitor
rates, ensuring affordable City programming. Staff is proposing a few fee decreases, including
the addition of a new childcare package program hourly rate that is lower than the current school
year hourly rate. Consistent with adopted Council’s goals, this would continue to provide
childcare at a lower cost to help the community’s economic recovery and enable parents to return
to work. Lastly, staff is recommending new user fees for alternative programming at the Laguna
Lake Golf Course. These programs are necessary to remain competitive, attract new users, and
implement new activities.
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1. Proposed Changes to Youth Services Fees
Sun-N-Fun School Year Hourly Rate – from $5.25 to $5.20
Last year, when CPI was calculated for Youth Services fee increases, staff rounded to the
nearest 25 cents, but having a $5.25 per hour rate proves challenging when calculating .5
hours of care ($2.625). Staff is recommending Council approve the change of the $5.25
hourly rate to $5.20 for an even number when calculating .5 hours of care ($2.60). As before
and after school programming is developed around the school district’s schedule, many
participants’ hourly use is a multiple of .5 hours, which is also in alignment with subsidy
partner CAPSLO’s process of reimbursing for childcare usage.
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New Fee: Sun-N-Fun Package Programming Hourly Rate - $4.44
Due to the COVID-19 pandemic and a modified School District schedule, Youth Services
school year programming switched from an hourly drop-in program to a package program. A
package program differs from an hourly “drop-in” only program in that participants register
for a monthly package childcare session. Participants commit and pay in advance for a
selected schedule. When registering for a session, participants pay for the full session
whether or not the child consistently attends (absences due to illness, vacation and/or just not
needing care on a given day). For families who regularly reserve and pay for care but do not
use it, policies are in place to ensure families who may be on a waitlist needing care will
have access to those spots. In a typical school year, Youth Services programming is only
drop-in and the hourly rate currently in the comprehensive fee schedule is calculated based
on this “drop-in” format ($5.25 per hour of care). Staff is proposing to utilize the Childcare
State of Health Emergency hourly rate of $4.44 approved by Council in August 2020 in
developing package programs for school year programming. The package programming
enables staff to effectively manage program registration and ensure maximum childcare
offerings to the community. In addition, the discounted hourly rate supports families as the
community emerges from the pandemic. In re-calculating the estimated revenue for FY
2021-22 based on the proposed new fee, staff does not anticipate a decrease from original
revenue forecasts due to the nature of the package deals and participants paying for the full
session regardless of if the child attends every day. This also provides consistency and
stability to those families needing regular care due to a standard work schedule.
2. Proposed Changes to Aquatics Fees
Warm Water Exercise Fee Administrative Change: At the SLO Swim Center, Warm Water
Exercise has been in high demand and public feedback has shown an interest in a 10-use pass
rather than the current 20-use pass. Staff is recommending modifying the current fee to a 10-
use pass, which would subsequently modify the fee to 50% of the cost of the current Warm
Water Exercise at $50.00. Staff does not foresee an impact in revenue forecasts due to this
change but will review revenue actuals over the next fiscal year to see how the new pass will
impact revenue.
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Aquatics Fee Increases: The cost recovery policy for Aquatics programming is in the low-
cost recovery tier at 0-30%, and the last fee study included upcoming minimum wage
impacts but did not factor in increased staffing costs due to compaction from minimum wage.
Since FY 2018, minimum wage has increased by $1.00 per year and will continue to do so
until minimum wage is $15.00 in FY 2022. As minimum wage increases, the City’s
supplemental salary range as a whole is adjusted as minimum wage positions such as a Rec
Cashier should not be paid the same as a Lifeguard, Head Guard, Swim Instructor or
Aquatics Specialist due to certifications and training demands.
Additionally, the last fee study did not include costs associated with the ongoing maintenance
of the facility. In the proposed FY 2021-23 Financial Plan, staff is requesting $220,000 in
both minor and major capital projects for the swim center to address the aging infrastructure.
This includes $60,000 total in the two-year budget cycle for minor capital maintenance for
items such as stanchion posts, lane line reels, and lane lines. $160,000 is being proposed for
SLO Swim Center Major CIP maintenance projects such as replacement of the Therapy Pool
boiler, maintenance of a pool water chemical regulator, furnace replacement and old bath
house roof repair.
Based on the increased operating cost not known during the 2017 fee study in addition to an
analysis on fees set by other municipal pools in San Luis Obispo County (see Table 2), staff
is recommending increasing all aquatics fees with the exception of swim lessons and special
classes at this time since those fees were increased by more than just CPI in FY 2018-19.
Based on the fee comparisons, the proposed fee increases remain below other municipal
pools in the region (see Table 2). See Table 1 below for proposed aquatics fee increases.
Table 1: Proposed Aquatics Fee Increases
Fee
Number Fee Description FY 20-
21 Rate
FY 21-22
Proposed
Updated
Rate
%
Change
Aquatics
Lap Swim
16 Adult per use $3.25 $4.00 23.08%
17 Adult Monthly $49.00 $60.00 22.45%
18 Youth/Senior per $2.75 $3.50 27.27%
19 Youth/Senior monthly $39.00 $52.50 34.62%
Recreational Swim
20 Adult per use $4.25 $4.50 5.88%
21 Youth/Senior per $3.75 $4.00 6.67%
Swim Script
22 Adult per use $29.25 $36.00 23.08%
23 Youth/Senior per $24.75 $31.50 27.27%
Recreational Swim Script
24 Adult per use $39.00 $40.50 3.85%
25 Youth/Senior per $33.00 $36.00 9.09%
Lessons
26 Lessons $106.00 $106.00 0.00%
27 Private Lessons $183.00 $183.00 0.00%
Special Classes
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28 Lifeguard $223.00 $223.00 0.00%
29 Warm Water Exercise $100.00 $50.00 -50%
30
Facility Use
$54/day
+
$21/LG
$60/day +
22/LG
11%
31 Junior Lifeguard Program $223.00 $225.00 1%
Staff has conducted a rate comparison of SLO Swim Center rates to other regional municipal
aquatics facilities. As shown in Table 2 below, SLO Swim Center rates remain very cost-
effective compared to surrounding swim center options.
Table 2: Comparison to Regional Municipal Aquatics Fee Rates
Other
Municipal
Pools
Fee Type Rate Current
SLO Swim
Center
Rates
Above/Below Competitor Rate
Cuesta
College
Lap Swim $5.00 $2.75-$3.25 -$2.25 to -$1.75
Paso Robles
Pools
Public
Swim
$5.00 $2.75-$4.25 -$2.25 to -$0.75
Morro Bay
Pool
Lap Swim
and
Recreation
Swim
$5.00 $2.75-$4.25
-$2.25 to -$0.75
Santa Maria
Paul Nelson
Aquatics
Center
Daily Entry $5.00
$2.75-$3.25 -$2.25 to -$1.75
Monterey Daily Entry:
Adult
$10.00
$3.25
-$6.75
Daily Entry:
Child/Senior
$6.00
$2.75
-$3.25
Ventura Daily Entry:
Adult
$5.00
$3.25
-$1.75
Daily Entry:
Child/Senior
$3.00
$2.75
-$0.25
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3. Proposed Changes to Golf Fees
New Fees: At the Laguna Lake Golf Course, staff is focused on developing alternative uses
for the Course to develop programming that appeals to a wider audience and maximize
potential uses. The alternative programming would take place either during regularly
scheduled business hours or afterhours events. As both Foot and Disc golf utilize other
portions of the course, staff does not anticipate a substantial impact to course maintenance.
Fees for alternative programs such as Disc and Foot Golf are comparable to other courses
within the County which provide similar programming. The addition of alternative
programming at the course will provide opportunities for non-golfers to enjoy the facility for
a variety of activities not related to standard golf play. Staff proposes the below new fees:
Table 3: New Laguna Lake Golf Course Fees
Fee Name Fee Description
Alternative
Programming Uses
$10 Fee for any applicable activity other
than rounds to be played at a Golf
Course. Examples: Disc Golf and/or
Foot Golf
Spectator Fee
$5 Fee for spectator not playing golf but
riding in cart with paid golfer. This fee
will also provide compensation and
liability waiver forms signed for
spectators who wish to walk the
course alongside golfers, since it
contributes to course wear and tear.
The spectator fees are standard
practices for golf courses that allow
non-golfers access to the course.
Tournament Use Fee for tournament use of the course
Shotgun Fee $250
Daily Use for 39 or Under $12
Daily Use for 40 or Over $10
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Golf Fee Increases: The cost recovery policy for Golf programming is in the medium cost
recovery tier at 30-60%. Operating costs due to irrigation leaks and increased maintenance
costs have increased at a far greater percentage than CPI. Since the last fee study in 2017, the
Golf Course has added an on-going Golf Course Maintenance CIP. The division received
$10,000 in FY 2020 and $20,000 in FY 2021 for irrigation repairs. In the proposed 2021-23
Financial Plan, staff is recommending the continuance of the $20,000 as an annual
maintenance CIP. In the last fee study, this CIP cost was not considered. The fees for golf
carts and pull carts are suggested to increase due to increased wear and tear which justify
increasing the cost to rent in order to support additional required maintenance costs.
Staff also did an analysis on current Laguna Lake Golf Course rates and other regional and
municipal 9-hole courses. See Table 4 below for comparison rates. The LLGC rates are
below market competitors.
Table 4: Comparison to SLO County Golf Fee Rates
Other SLO
County 9-Hole
Golf Courses
Fee Type Rates Current
LLGC Rates
Above/Below
Competitor Rate
Black Lake Cart Rental $16 $8.25 -$5.75
Pull Cart Rental $3 $4 $1.00
Twilight $40 (walking)
$52 (riding)
$9.25 -$30.75 (walking)
-$42.75 (riding)
Super Twilight $30 (walking)
$42 (riding)
$5.50 -$24.50 (walking)
-$36.50 (riding)
Replay $20 (walking)
$35 (riding)
$7.50 -$12.50 (walking)
-$27.50 (riding)
Dairy Creek Cart Rental $10 $8.25 -$1.75
Pull Cart Rental $5.00 $4.00 -$1.00
Twilight $15.00-$20.00
$9.25 -$5.75 to -$10.75
Super Twilight $15.00-$20.00
$5.50 -$9.50 to -$14.50
Replay $10.00 $7.50 -$2.50
Sea Pines Cart Rental $20 (for 2
riders)
$8.25 (for 1
rider)
-$1.75
Pull Carts $6 $4.00 -$2.00
Twilight $12 (weekdays)
$14 (weekends)
$9.25 -$2.75 (weekdays)
-$4.75 (weekends)
Super Twilight $12 (weekdays)
$14 (weekends)
$5.50 -$6.50(weekdays)
-$8.50(weekends)
Replay $12 $7.50 -$4.50
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Based on the increased operating cost and an analysis of fees set by other regional and
municipal golf courses in San Luis Obispo County, staff is recommending increasing select
Golf fees (Cart Rentals, Replay, Off Peak, Twilight and Super Twilight) at this time. The
round rates being increased are the most impacted times of play - Twilight and Super
Twilight rounds (3:00 PM – Close). On average, Twilight and Super Twilight rounds see
between 40-60 persons during a 3-hour period whereas other periods during the day see
between 20-40 persons over an 8-hour period. With high demand for golf rentals, including
golf carts and push carts, the increase will supplement the budget to address the wear and tear
on all City owned and maintained equipment. While fee increases are proposed at this time,
staff does not anticipate the increases to over-burden users as rates remain affordable and
competitive. See Table 5 below for proposed golf fee changes.
Table 5: Proposed Golf Fee Changes
Parks and Recreation Fees
Fee
Number Fee Description FY 21-22
Rate
FY 21-22
Proposed
Updated Rate
%
Change
Golf Course
Laguna Lake
Golf Course
104 Cart Rental 8.25/Person $10.00/Person 21%
105 Pull Carts 4/Cart $5/Cart 25%
Golf Club Rentals (Regular) $6.00 $6.00 0%
Golf Club Rentals (Snr/Yth/Stu/Mil) $4.00 $4.00 0%
Rounds
106 Monday-Thursday (Regular) $14.00 $14.00 0%
107 Monday-Thursday (Snr/Yth/Stu/Mil) $11.00 $11.00 0%
108 Friday-Sunday (Regular) $15.00 $15.00 0%
109 Friday-Sunday (Snr/Yth/Stu/Mil) $12.00 $12.00 0%
110 Replay $7.50 $8.00 7%
111 Off Peak (M-Th 12-3 PM) (Regular) $12.00 $12.00 0%
112
Off Peak (M-Th 12-3 PM)
(Snr/Yth/Stu/Mil)
$10.75 $11.00 2%
113 Twilight (after 3 PM) $9.25 $10.00 8%
114 Family Rate $27.00 $27.00 0%
115 Super Twilight $5.50 $7.00 27%
116 10-Play Cards (Regular) $123.00 $123.00 0%
117 10-Play Cards (Snr/Yth/Stu/Mil) $93.75 $93.75 0%
NEW
Alternative
Programming
Uses
$10
New Fee
NEW Spectator
Fee
$5
New Fee
NEW Tournament
Use
Shotgun Fee $250 New Fee
Daily Use for 39 or Under $12 New Fee
Daily Use for 40 or Over $10 New Fee
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Previous Council or Advisory Body Action
On June 2, 2020, City Council previously reviewed and adopted the current comprehensive fee
schedule. On August 18, 2020 Council reviewed and adopted a Childcare State of Health
Emergency fee.
Policy Context
The budget policy for cost recovery is located in the 2019-21 Financial Plan (page 474), and
reads as follows:
Recreation Programs
The following cost recovery policies apply to the City's recreation programs:
1. Cost recovery for activities directed to adults should be relatively high.
2. Cost recovery for activities directed to youth and seniors should be relatively low. In
those circumstances where services are similar to those provided in the private sector,
cost recovery levels should be higher.
Although ability to pay may not be a concern for all youth and senior participants, these are
desired program activities, and the cost of determining need may be greater than the cost of
providing a uniform service fee structure to all participants. Further, there is a community-wide
benefit in encouraging high-levels of participation in youth and senior recreation activities
regardless of financial status.
3. Cost recovery goals for recreation activities are set as follows:
High-Range Cost Recovery Activities - (60% to 100%)
a. Adult athletics
b. Banner permit applications
c. Child care services
d. Facility rentals (indoor and outdoor; excludes use of facilities for internal City uses)
Mid-Range Cost Recovery Activities - (30% to 60%)
e. Triathlon
f. Golf
g. Summer and Spring Break Camps
h. Classes
i. Major commercial film permit applications
Low-Range Cost Recovery Activities- (0 to 30%)
j. Aquatics
k. Community gardens
l. Junior Ranger camp
m. Minor commercial film permit applications
n. Skate park
o. Parks and Recreation sponsored events (except for Triathlon)
p. Youth sports
q. Teen services
r. Senior/boomer services
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On page 472 of the Fiscal Policies included in the adopted FY 19-21 Financial Plan, Section 2.A
outlines that, “Fees will be reviewed and updated on an ongoing basis to ensure that they keep
pace with changes in the cost-of-living as well as changes in methods or levels of service
delivery. In implementing this goal, a comprehensive analysis of City costs and fees should be
made at least every five years. In the interim, fees will be adjusted by annual changes in the
Consumer Price Index. Fees may be adjusted during this interim period based on supplemental
analysis whenever there have been significant changes in the method, level or cost of service
delivery.” As allowed by our fiscal policy, the department has conducted the supplemental
analysis to determine that current fees should be increased to the proposed rates to recover costs
at the appropriate levels.
Public Engagement
The Parks and Recreation Commission received a presentation on the proposed fee updates at the
May 12, 2021 Parks and Recreation Commission meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2021-22
Funding Identified: N/A
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The fees listed in the Comprehensive Fee Schedule allow for cost recovery for services provided
at the level of cost recovery set by the City Council and reflected in the City’s financial policies.
As such, all actions outlined in this report ensure that programs stay within their adopted cost
recovery policy goals.
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Proposed Changes to Youth Services Fees
The addition of a package program fee will not decrease revenues even though the hourly rate
behind calculating the packages is lower at $4.44 compared to the $5.25 hourly drop-in rate.
Package programs require participants to pay for the full package whether or not the child
routinely attends. Most childcare programming is organized as such with a drop-in hourly rate
higher than the hourly rate calculated within the package program. Staff re-calculated revenue
forecasts for FY 2021-22 and does not anticipate a change in revenue forecasts due to the new
package programming fee, thus staying within the high range cost recovery policy goal of 60%-
100%. Adjusting the hourly drop-in rate to $5.20 instead of $5.25 poses a minor fiscal impact,
but saves administrative time in calculating a fraction of the hour.
Proposed Changes to Aquatics Fees
Specific fee increases range from 1% to 34%, and forecasted revenue budgets for FY 2021-22
have factored in additional revenue from the fee increases. Utilizing proposed operating budgets
for FY 2021-22 and projected revenue, the Aquatics program will stay within the low range
recovery policy goal of 0-30%. Staff anticipates the fee increases to help off-set operating cost of
the increased maintenance needs at the SLO Swim Center. Staff anticipate approximately a
$16,000 increase in projected Aquatics revenues attributed to the proposed fee changes.
Proposed Changes to Golf Fees
Specific fee increases range from 2% to 27%, and forecasted revenue budgets for FY 2021-22
have factored in additional revenue from the fee increases. Utilizing proposed operating budgets
for FY 2021-22 and projected revenue to include the proposed alternative programing fees, the
Golf program will stay within the mid-range recovery policy goal of 30-60%. The new fees
surrounding new Golf programming will commence during standard business hours and
materials and supplies for the new programming will be accommodated within the division’s
current operating budget. Staff is therefore not requesting additional funding to run new
programming. Staff anticipates the fee increases to help off-set operating cost of the additional
wear and tear on the course and equipment rentals. Staff anticipate approximately a $18,000
increase in projected Golf revenues attributed to the proposed fee changes.
ALTERNATIVES
1. Council could deny the request to update the Comprehensive Fee Schedule. Staff does not
recommend this action as operating costs have increased since the last fee study and
programming should recover costs as is consistent with City cost recovery policy.
2. Council could approve certain updates to the Comprehensive Fee Schedule and ask for
additional information on others or all proposed fee updates. If the Council pursues this
alternative, staff request direction regarding the information needed to make a decision.
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, ADOPTING NEW FEES AND AMENDING THE
2021-22 COMPREHENSIVE FEE SCHEDULE
WHEREAS, Section 2 of the City’s 2019-21 Financial Plan, titled “User Fee Cost
Recovery Goals” defines the level of cost of services for the various City services; and
WHEREAS, Section 2(G) of the City’s 2019-21 Financial Plan provides that cost recovery
for Recreation Programs directed to youth and seniors should be relatively low. In those
circumstances where services are similar to those provided in the private sector, cost recovery
levels should be higher; and
WHEREAS, Section 2(G) of the City’s 2019-21 Financial Plan set cost recovery goals for
Aquatics programming at Low-Range Cost Recovery (0%-30%); and
WHEREAS, Section 2(G) of the City’s 2019-21 Financial Plan set cost recovery goals for
Golf programming at Mid-Range Cost Recovery (30%-60%); and
WHEREAS, Section 2(G) of the City’s 2019-21 Financial Plan set cost recovery goals for
child care services at High-Range Cost Recovery (60%-100%); and
WHEREAS, on June 2, 2020, the City Council approved the City’s Master Fee Schedule
listing all applicable service fee levels for fiscal year 2020-21; and
WHEREAS, since June 2, 2020, the City has introduced new Golf programming such as
hosted Tournaments, Disc Golf and Foot Golf and these fees are not reflected in the current fee
schedule; and
WHEREAS, On August 18, 2020, the City Council approved a Childcare State of Health
Emergency Fee and since then, staff has modified childcare programming surrounding COVID-
19 impacts on school district scheduling and adjusted programming from an hourly drop-in
program to a package program; and
WHEREAS, since June 2, 2020, the public has expressed interest in a Warm Water
Exercise Pass for 10 uses opposed to the current pass listed in the fee schedule for 20 uses; and
WHEREAS, since January 1, 2018, minimum wage has gone up $1 per year with a $15
per hour minimum wage expected for January 1, 2022; and
WHEREAS, the minimum wage increases have led to compaction issues and increased
supplemental staffing costs specifically at the SLO Swim Center; and
WHEREAS, maintenance costs at both the SLO Swim Center and Laguna Lake Golf
Course have increased; and
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Resolution No. _____ (2021 Series) Page 2
R ______
WHEREAS, the Youth Services program is moving towards including a package program
for Youth Services; and
WHEREAS, the City is charging below market rates for several Aquatics and Golf use
fees; and
WHEREAS, the Comprehensive Fee Schedule will be updated to reflect all new and
updated fees becoming effective July 1, 2021.
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 3
R ______
SECTION 1. The Parks and Recreation Department will begin charging fees for
Aquatics, Youth Services and Golf programming effective July 1, 2021 as set forth in Exhibit A
to this Resolution. These fees will be adjusted annually between any Cost of Services study with
the Consumer Price Index Los Angeles/Riverside.
Upon motion of Council Member _____________, seconded by Council Member
______________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 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. _____ (2021 Series) Page 4
R ______
Exhibit A
New Fees
Parks and Recreation Fees
Fee Description FY 2020-21 Rate
Youth Services
Sun-N-Fun Package Programming School
Year – hourly rate
$4.44
Laguna Lake Golf
Course
Alternative Programming Uses $10
Spectator Fee $5
Tournament Use
Shotgun Fee $250
Daily Use for 39 or
Under
$12
Daily Use for 40 or
Over
$10
Updated Fees
Parks and Recreation Fees
Fee
Number Fee Description FY 2020-21 Rate
Aquatics
Lap Swim
16 Adult per use $4.00
17 Adult Monthly $60.00
18 Youth/Senior per $3.50
19 Youth/Senior monthly $52.50
Recreational Swim
20 Adult per use $4.50
21 Youth/Senior per $4.00
Swim Script
22 Adult per use $36.00
23 Youth/Senior per $31.50
Recreational Swim Script
24 Adult per use $40.50
25 Youth/Senior per $36.00
Special Classes
29
Warm Water Exercise
(10 pass)
$50
30 Facility Use $60/day + 22/LG
31 Junior Lifeguard Program $225.00
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Resolution No. _____ (2021 Series) Page 5
R ______
Laguna Lake Golf
Course
104 Cart Rental $10.00/Person
105 Pull Carts $5.00/Cart
Club Rentals
(Regular)
$6.00
Club Rentals
(Snr/Yth/Stu/Mil)
$4.00
Rounds
110 Replay $8.00
112
Off Peak (M-Th 12-3
PM) (Snr/Yth/Stu/Mil)
$11.00
113 Twilight (after 3 PM) $10.00
115 Super Twilight $7.00
Youth Services
2 Sun-N-Fun
School Year – hourly
option
$5.20
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Department Name: Public Works
Cost Center: 5010
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Director of Public Works
Prepared By: Luke Schwartz, Transportation Manager
SUBJECT: TANK FARM ROAD AND LONG STREET TRAFFIC SIGNAL
REIMBURSEMENT AGREEMENT WITH TANK FARM CENTER, LLC
RECOMMENDATION
1. Adopt a Resolution (Attachment A) approving a Reimbursement Agreement (Attachment B)
for the construction of the traffic signal system at the Tank Farm Road/Long Street
intersection by Tank Farm Center, LLC; and
2. Authorize the Mayor to execute the Reimbursement Agreement and designate the Finance
Director to implement the Agreement.
DISCUSSION
Tank Farm Center, LLC, the developer of the San Luis Obispo Public Market project, is required
to fund, design, and construct a new traffic signal at the intersection of Tank Farm Road and
Long Street, which serves as the primary vehicular access point to the Public Market
development. The need for the traffic signal was originally identified in the transportation impact
study prepared for the project and was ultimately included as a required mitigation measure and
condition of approval for the development (See Attachment C Architectural Review Committee
Resolution No. ARC-1013-16).
In addition to benefiting the Public Market development, the traffic signal will also serve
existing and future development and road users along the Tank Farm Road corridor. Section
16.20.110 of the City of San Luis Obispo Municipal Code allows the developer to request
reimbursement from the City when improvements are required at a greater capacity (fair share)
than required for the development of the property under consideration. The full cost of the Tank
Farm Road/Long Street traffic signal is included in the Citywide Transportation Impact Fee
program and the Public Market developer has already paid all applicable transportation impact
fees (approximately $600,000) and completed construction of the traffic signal in early 2021.
Based on this information, staff recommends that Council adopt the Resolution approving the
Reimbursement Agreement with Tank Farm Center, LLC, which will allow the City to reimburse
the developer for traffic signal installation costs that exceed the project’s fair share. As discussed
in greater detail in the Fiscal Impact section below, reimbursement will come from the
uncommitted Citywide Transportation Impact Fee fund balance, which includes impact fees
already paid by the developer, which exceed the total reimbursement request.
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Policy Context
City of San Luis Obispo Municipal Code Section 16.20.110 establishes the eligibility for public
reimbursement agreements for private development.
Public Engagement
This project has a “notify” level of engagement as identified in the City’s Public Engagement
and Notification Manual. Public hearings were held before the Architectural Review
Commission for the San Luis Obispo Public Market (Long-Bonetti Ranch Development) in 2013
and 2016, and the most recent update to the Citywide Transportation Impact Fee Program was
presented to the City Council for adoption as a public hearing item in 2019.
CONCURRENCE
The City Attorney, Community Development and Finance Departments have reviewed this staff
report and concur with its recommendation.
ENVIRONMENTAL REVIEW
Construction of the Tank Farm Road/Long Street traffic signal was reviewed as part of the
Mitigated Negative Declaration prepared for the San Luis Obispo Public Market project, adopted
by the Architectural Review Commission on July 11, 2016. Installation of the traffic signal was
identified as a required mitigation measure to address significant transportation impacts resulting
from the development proposal. The signal improvements have now been completed and this
Reimbursement Agreement relates only to the financial mechanism by which the developer’s
costs in excess of fair share will be reimbursed and does not implicate any physical change to the
project or the environment necessitating additional environmental review.
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
State
Federal
Fees
Citywide
Transportation Impact
Fee Fund
$367,755.02 - $367,755.02
Total $367,755.02 - $367,755.02
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The total cost incurred by the developer for installation of the traffic signal system at Tank Farm
Road/Long Street is $379,128.89. After subtracting the developer’s fair share (3% of project
costs), the total eligible for reimbursement is $367,755.02. The developer has provided required
documentation of these costs and staff has approved this total amount as eligible for
reimbursement. Per the terms of the Reimbursement Agreement, reimbursement to the developer
will be paid from the current uncommitted Citywide Transportation Impact Fee fund balance.
Through March of 2021, the Citywide Transportation Impact Fee account has a total fund
balance of $10.9 million, including roughly $600,000 in transportation impact fees already paid
by the San Luis Obispo Public Market development. There is currently $6.1 million in Citywide
Transportation Impact Fee funds committed to other capital improvement plan projects in the
current 2019-21 Financial Plan, and $4.25 million proposed for new/ongoing projects in the
Draft 2021-23 Financial Plan, leaving an uncommitted fund balance of approximately $550,000,
which provides adequate funds to proceed with this reimbursement request.
ALTERNATIVES
Continue Consideration of the Proposed Reimbursement Agreement. The City Council could
elect to continue consideration of the Reimbursement Agreement to provide additional
clarifications or information needed to render a decision. Should the Council elect this
alternative, direction should be provided to staff as to the additional information needed for
Council consideration.
Attachments:
a - Draft Resolution
b - Exhibit A to the Resolution (Reimbursement Agreement with Tank Farm Center, LLC)
c - COUNCIL READING FILE - Architectural Review Commission Resolution No. 1013-16
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R _____
RESOLUTION NO. _________ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH TANK FARM CENTER, LLC FOR CONSTRUCTION
OF A TRAFFIC SIGNAL AT THE TANK FARM ROAD/LONG STREET
INTERSECTION
WHEREAS, On July 11, 2016, the City of San Luis Obispo Architectural Review Committee
adopted Resolution No. ARC-1013-16, adopting a Mitigated Negative Declaration and granting
design approval of the “San Luis Obispo Public Market Project” at 120 Tank Farm Road/3897 S.
Higuera Street; and
WHEREAS, Mitigation Measure T-1 and Condition of Approval #49 of Architectural
Review Committee Resolution No. ARC-1013-16 requires the developer of the San Luis Obispo
Public Market Project (Tank Farm Center, LLC or “Developer”) to construct a traffic signal at the
intersection of Tank Farm Road and Long Street; and
WHEREAS, Tank Farm Center, LLC, has secured City approval of the Public Improvement
Plans for the traffic signal, completed construction of the improvements, and provided documentation
of applicable costs incurred for construction of the improvements to the satisfaction of the City Public
Works Department; and
WHEREAS, the traffic signal improvements associated with the Tank Farm Center, LLC
project will benefit properties other than those owned by the developer, and thereby qualify said
public improvements for reimbursement as set forth in San Luis Obispo Municipal Code Section
16.20.110; and
WHEREAS, the City has an established a Citywide Transportation Impact Fee Program that
allows new development projects to pay a fair share fee towards transportation infrastructure needs
throughout the City; and
WHEREAS, the Citywide Transportation Impact Fee Program currently includes the full
costs for installation of a traffic signal at the Tank Farm Road/Long Street intersection, the Developer
has paid all applicable transportation impact fees, which exceed the total cost of the traffic signal
installation, and has received no fee credits from the City related to these improvements; and
WHEREAS, Citywide Transportation Impact Fee reimbursements shall not exceed the
purpose or amount being collected; and
WHEREAS, the City agrees that the Developer is eligible for reimbursement of costs
exceeding the Developer’s fair share obligation for installation of a traffic signal at the Tank Farm
Road/Long Street intersection, with reimbursement to be paid from the City’s uncommitted Citywide
Transportation Impact Fee fund balance.
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Resolution No. _________ (2021 Series) Page 2
R _____
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The “Reimbursement Agreement,” attached to this Resolution as Exhibit A,
is hereby approved, and the Mayor is authorized to approve minor revisions and execute this
Agreement on behalf of the City.
SECTION 2. The Finance Director is authorized to administer and implement the
“Reimbursement Agreement” as provided therein.
SECTION 3. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
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Resolution No. _________ (2021 Series) Page 2
R _____
SECTION 4. Environmental Review. Construction of the Tank Farm Road/Long Street
traffic signal was reviewed as part of the Mitigated Negative Declaration prepared for the San Luis
Obispo Public Market project, adopted by the Architectural Review Commission on July 11, 2016.
Installation of the traffic signal was identified as a required mitigation measure to address
significant transportation impacts resulting from the development proposal. The signal
improvements have now been completed and this Reimbursement Agreement relates only to the
financial mechanism by which the developer’s costs in excess of fair share will be reimbursed and
does not implicate any physical change to the project or the environment necessitating additional
environmental review.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 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: City Attorney
Cost Center: 1501
For Agenda of: May 18, 2021
Placement: Consent Item
Estimated Time: N/A
FROM: Christine Dietrick, City Attorney
Prepared By: Kelly White, TAO Legal Analyst
SUBJECT: CITY ATTORNEY DEPARTMENT ORGANIZATIONAL ASSESSMENT
AND STRATEGIC PLAN
RECOMMENDATION
1. Authorize the issuance of a Request for Proposals (RFP) (Attachment A) for consulting
services to prepare an organizational assessment and strategic plan for the City Attorney
Department; and
2. Authorize the City Manager to award the assessment contract if within the funding amount
appropriated in the adopted 2021-2022 budget.
DISCUSSION
Background
Departments within the City, at various times over the last decade or more, have conducted
organizational assessments for the purpose of obtaining an outside perspective on how to more
efficiently and effectively complete workload and meet the expectations of the City Council and
the community. Many of these assessments have included the creation or amendment of a
department strategic plan; a thoughtful, thorough document to capture the goals of the
department, align with the goals of the City, and plan for how best to align resources,
departmental structure and processes with workload and organizational service demands. As far
as current staff is aware, the City Attorney Department has never completed such an assessment
and does not have a strategic plan.
Over the years, the City Attorney Department has noted a growing discrepancy between evolving
workload demands and departmental resources available to address organizational legal support
needs, as well as a diminished capacity to provide proactive legal advice and organizational
training within existing resources. At various times, additional funding and staffing have been
approved, on a temporary basis, to meet what was hoped to be a short-term need. However,
increased demand has continued for several years and the department now assesses ongoing and
increased demands as a continuing baseline requiring additional ongoing resources to sustain
levels of service to a city that has grown in size, jurisdictional scope, and complexity.
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Project Scope of Work
At this time, the City Attorney Department is recommending the completion of an assessment to
evaluate its ongoing and existing operations, staffing, and service levels, and to develop a
strategic implementation plan for possible improvement. The scope of work is the assessment of
the City Attorney Department structure, processes and methods of service delivery, with specific
attention paid to staffing levels to determine whether staffing levels contemplated in the 2021-23
Financial Plan are appropriate to carry out ongoing and anticipated duties efficiently and
effectively and whether process or technology improvements to enhance service delivery and
workload management can be identified.
Interviews of Department and citywide stakeholders will be held, and a thorough review of
processes used to receive, track and complete work assignments will be conducted, including
communication methods, software used, and volume of workload. This information and analysis
will be compiled into a final report with a strategic implementation plan. The Department will
utilize the report to make changes to improve operations, effectiveness, organization, and
strategic direction for the future. This report will be delivered in time to incorporate the
recommended changes into the 2022-23 budget (creation/adoption process expected to begin in
February 2022).
The assessment will review all Department responsibilities and its interactions with, and impact
on, other City departments/divisions and will identify opportunities for improvement in each of
the following general areas:
1. Core Services: Assess the core and high priority services performed by the City Attorney
Department to establish a baseline expectation when new issues arise, or new programs
are implemented, that require legal support.
2. Organizational and Management Structure: Review staffing levels (within Department)
and reporting relationships (within Department and connections to other
departments/divisions).
3. Outsourcing and Insourcing Opportunities: Identify opportunities by function to either
bring in-house or contract out services/responsibilities to increase efficiency and
effectiveness.
4. Administrative Citation Appeals Processing: Identify opportunities for streamlining with
the goal of reducing processing times, seeking greater cross-departmental coordination,
and improving communication (internal and external).
5. Public Record Request Review/Processing: Identify opportunities for streamlining
(related to staff time or software implementation) with the goal of reducing processing
times, seeking greater cross-departmental coordination, improving independent public
access and transparency, and improving communication (internal and external).
6. Information Technology: Identify technology improvements to facilitate greater
efficiency.
7. Best Management and Performance Measure Tracking: Identification of activity and
performance management tools, and benchmarking against accepted public agency
standards and service levels.
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8. Communication: Review interaction methods (with City staff and members of the
community) to identify opportunities for improved response times and reduction in non-
legal questions/requests for assistance.
9. Explore Other Issues Discovered: Discover other opportunities for improvements,
including those related to interaction with other departments.
10. Recommendations for Change: Prioritize recommendations, cost/savings associated with
each recommendation, suggested timeline, and implementation plan.
Proposed Project Schedule
Date Task Responsible Party
5/19/2021 Issue RFP City Attorney/Finance
6/1/2021 Deadline to submit proposal -
6/2/21 – 6/15/21 Staff review of proposals City Attorney
6/10/2021 Interviews with short-list candidates City Attorney
June 2021
(post budget adoption)
Negotiation and finalization of agreement
for services subject to budget approval
City Attorney/ City
Manager
July 1, 2021 Agreement start date -
July-October 2021 Analysis by consultant Consultant & Staff
November 2021 Draft report submitted for review
Feedback provided
Consultant
City Attorney/
Stakeholders
December 2021 Revisions to report completed and final
report submitted
Consultant
January 2022 Implementation of recommendations for
current fiscal year
City Attorney
Feb – Jun 2022 Participation in supplemental budget
process in order to implement
recommendations for fiscal year 2022-23
City Attorney
Previous Council Action
• Each fiscal year since 2016-17, Council has approved $150,000 in Temporary Salaries
budget for the City Attorney Department.
• Prior direction given during City Attorney and City Manager evaluation processes to bring
forward proposal to address department resource needs.
• Strategic Budget Direction provided to proceed with 2021-23 Financial Plan Proposals to
address on-going deficits in City Attorney Department staffing and propose structural
changes for sustainable, ongoing departmental operations.
Policy Context
• Major City Goal of Fiscal Responsibility
• Fiscal Health Response Plan
• Major City goal Work Plan support
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The City Attorney’s Department provides legal advice and support to the Council, the Planning
Commission, the Department Head team and all City departments and staff to implement Major
City Goal work programs and support core operational actions of the City consistent with
applicable laws. Given the breadth and depth of organizational legal support needs, combined
with significant ongoing and anticipated transitions throughout the organization, demand has
outpaced available resource. Failure to match resource with demand will continue and exacerbate
existing diminished capacity for proactive legal review, advise and training and presents an
increased risk of organizational legal non-compliance and liability against the City, which can
compromise the City’s ability to achieve its ambitious work plan objectives and result in legal
challenges that misdirect both staff and financial resources away from core operations.
CONCURRENCE
The City Manager and Human Resources Director advised, and the department included,
completion of an assessment prior to any final approval of requests for regular staffing changes
as proposed in the 2021-23 Financial Plan and concur with issuance of the RFP for that process.
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: Pending Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $60,000 - $60,000
State
Federal
Fees
Other:
Total $60,000 - $60,000
In the 2021-23 Financial Plan, an SOBC is being recommended for appropriation with the 2021-
22 budget to cover the cost of this assessment. Initial Council strategic budget direction was to
proceed with the inclusion of the SOBC in the final proposed budget. Staff seeks to begin work
with the consultant as soon as possible in the new fiscal year and would like to review proposals
now and set the agreement for services to begin July 1, 2021. If final budget adoption does not
include funds for the assessment, no agreement will be executed.
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ALTERNATIVES
1. Do not approve the issuance of the RFP. This is not recommended as the proposed
consultant work could be highly valuable and provide great benefit to the efficient operation
of the City Attorney Department and enhanced organizational support.
2. Defer the RFP to a later date. This is not recommended as workload management and
staffing deficiencies have already been identified and will persist.
3. Provide direction to accomplish analysis of workload via a method other than contracting
with an outside consultant. The work could be done internally by staff, but staff do not have
expertise in the field of work program assessments, would lack the capacity to do an industry
best practices assessment, and also would need supplemental staffing beyond existing
temporary staffing levels to cover existing workload during the analysis and review process.
Attachments:
a - RFP for City Attorney Department Organizational Assessment
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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 ORGANIZATIONAL ASSESSMENT OF THE CITY ATTORNEY
DEPARTMENT
The City of San Luis Obispo is requesting proposals for consultant services to conduct an organizational
assessment and development of a strategic plan for the City’s in-house City Attorney Department.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of
Finance at or before 5:00 P.M. PST on June 1, 2021.
Proposals received after said time may not be considered. Proposals shall be submitted electronically via
BidSync using the forms provided and as described in the project package.
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. Please contact Kelly White at kwhite@slocity.org or (805)781-7140 with any
questions.
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TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................................... 1
B. SCOPE OF WORK ....................................................................................................................................... 3
C. PRELIMINARY PROJECT SCHEDULE ........................................................................................................... 5
D. PROJECT BUDGET ..................................................................................................................................... 6
E. GENERAL TERMS AND CONDITIONS ........................................................................................................ 6
F. SPECIAL TERMS AND CONDITIONS ......................................................................................................... 11
G: FORM OF AGREEMENT ........................................................................................................................... 16
H: INSURANCE REQUIREMENTS .................................................................................................................. 18
I: PROPOSAL SUBMITTAL FORM ................................................................................................................. 20
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A. INTRODUCTION
The City of San Luis Obispo is a charter city governed by a five -member City Council. The City Manager
and City Attorney report directly to the Council, with all other departments reporting as shown below.
The City Attorney Department provides legal advice and representation to the City Council, the Planning
Commission, all City departments and staff, and City advisory bodies to accomplish Major City Goals, other
important objectives, and core operational functions in accordance with the law. Responsibilities include:
City Council, Advisory Body, and cross-departmental legal review and advice to ensure general compliance
with applicable laws and to minimize liability exposure; defending or managing the defense of claims and
litigation against the City and initiating civil actions on behalf of the City; enforcing and prosecuting
violations of the Municipal Code, including both criminal violations and civil/administrative enforcement;
coordinating the City's review of and response to proposed county, state, and federal legislation; advising
City staff on compliance with the California Public Records Act, and reviewing and producing documents
subject to disclosure; and administering and providing staff support for administrative citation appeals to
hearing officers and the City’s Administrative Review Board.
City Council
City Manager
Assist. City Manager
(Community Services)
Community
Development
Parks &
Recreation
Public Works Utilities
Other
Departments
Administration
& IT Finance
Fire Human
Resources
Police
City Attorney
Advisory Bodies
(18)
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Departments
Nine (9) City departments ultimately report to the City Manager, and those departments are broken up
into divisions/programs all with their own objectives and responsibilities as components of Major City
Goals, other important objectives, and core operational functions. The City Attorney Department is legal
advisor to all of these departments, divisions and staff throughout the organization. The City Attorney is
the primary advisor and legal staff to the City Council and the Assistant City Attorney is the primary advisor
and staff to the Planning Commission. When specialized counsel is required, legal services are contracted
out in consultation with the attorneys in the Department.
Advisory Bodies
The City currently has eighteen (18) advisory bodies:
1. Active Transportation Committee
2. Administrative Review Board
3. Architectural Review Commission
4. Construction Board of Appeals
5. Council Compensation Committee
6. Cultural Heritage Committee
7. Diversity, Equity, Inclusion (Task Force)
8. Housing Authority Board
9. Human Relations Commission
10. Jack House Committee
11. Mass Transportation Committee
12. Parks and Recreation Commission
13. Personnel Board
14. Planning Commission
15. Promotional Coordinating Committee
16. Revenue Enhancement Oversight Commission
17. Tourism Business Improvement District Board
18. Tree Committee
Several of the Advisory Bodies meet regularly and require a moderate level of legal support (research,
advice, and document review, e.g., Planning Commission, ARC, CHC, Tree Committee). A few advisory
bodies meet more rarely (e.g., Construction Board of Appeals; Personnel Board; Council Compensation
Committee), but when they do meet, they require a high level of legal support, often including updated
conflicts of interest, Brown Act, and procedural and due process training. The remaining bodies have
dedicated staff support who only contact the Department when legal support is needed, which is
infrequent (e.g., Tourism Business Improvement District Board; Housing Authority).
The City Attorney Department
The Department consists of three (3) full-time, regular employees. Various combinations of temporary
employees and contract and supplemental staffing have been implemented over the last several years to
meet the workload demands on the Department. The current structure is as follows:
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*The Legal Assistant/Paralegal is currently working as a Legal Analyst on a temporary assignment basis. A reclassification to Legal Analyst has
been recommended to the City Council for adoption as part of the 2021-23 Financial Plan.
B. SCOPE OF WORK
The City is seeking a consultant to perform an organizational assessment of the City Attorney Department
and assist with the development of a strategic plan to implement findings and chart a path for future legal
operations success. The complexity and volume of requests for legal advice, and legal services
administrative support, have increased over several years with no corresponding increase in permanent,
assigned staffing resources or permanent supplemental services funding to the Department. Department
staff have sustained operations through process improvements and temporary resource implementation,
but several years of history indicate that current and increased workload and organizational legal support
needs are likely to continue and increase. The objective of the assessment is to evaluate and develop
recommendations to align current and anticipated workload and ongoing resources to ensure sustainable
and effective legal services positioned to address evolving organizational legal support needs.
The City is soliciting a consultant to work closely with department staff to assess and understand current
workload and practices, perform an independent assessment of departmental staffing and structure,
make recommendations, and assist with the development of a strategic plan for efficient and effective
alignment of resources with current and anticipated organizational legal services demands. The focus
should be on aligning sufficient, properly trained, reliable, and effective staff to efficiently and effectively
deliver high level legal services to the Council and the entire organization. The assessment should also
consider and make recommendations regarding whether and how process or technology changes or new
implementations can help the department provide a continued high level of service and quality work-
product to meet the expectations of City Council, staff and all those who rely on it for legal support and
guidance.
Proposers should include links to, or examples of, similar work product performed for public agency clients
or similarly situated in-house legal departments and references from prior clients.
City Attorney
Full-time, Regular
Assistant City Attorney
Full-time, Regular
Legal Assistant/Paralegal
(Legal Analyst*)
Full-time, Regular
Temp. Legal Assistant II
Part-time, Supplemental
Temp. Legal Assistant I
Full-time, Supplemental
Temp. Legal Assistant I
Full-time, Supplemental
Temp. Asst. City Attorney
Part-time, Supplemental
Contract Legal Services
as-needed
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Project Strategy and Scope of Services
Conduct Analysis: The consultant will review the City Attorney Department organization, structure, and
work processes to determine whether resources align with expectations and workload. Interviews will be
conducted with Department staff and data collected by any appropriate means that will enhance
consultant’s ability to understand existing practices and generate a final report with strategies for
resource alignment and improvement.
Ensure Involvement of Stakeholders: The consultant shall use multiple communication methods including
individual interviews, group meetings, surveys, and other data collections methods to engage with and
obtain feedback from City personnel identified from the City Manager and Administration & IT,
Community Development, Parks & Recreation, Public Works, Utilities, Finance, Fire, Human Resources,
and Police Departments. Outreach should also be made to Planning Commissioners and City
Councilmembers, as well as staff liaison and/or chairs of other advisory bodies, as may be deemed
necessary. Pre-meeting information via email or other means will likely be required to prepare
interviewees.
Sufficient time should be allocated for stakeholders to review and offer input on preliminary findings and
recommendations of consultant prior to creation of a final report.
Starting Point for Scope of Services: Proposers are expected to generate their own scope of services as
part of their proposal. There are mandatory proposal components detailed in later sections of this RFP,
and some details are provided below as a starting point, but it is the obligation of the proposer to craft
and propose a set of services that will provide the City with its expected work-product within its expected
timeline.
1. Core Services: Assess the core and high priority services performed by the City Attorney
Department to establish a baseline expectation when new issues arise, or new programs are
implemented, that require legal support.
2. Organizational and Management Structure: Review staffing levels (within Department) and
reporting relationships (within Department and connections to the Department Head Team, and
other departments/divisions).
3. Outsourcing and Insourcing Opportunities: Identify opportunities by function to either bring in-
house or contract out services/responsibilities to increase efficiency and effectiveness.
4. Administrative Citation Appeals Processing: Identify opportunities for streamlining with the goal
of reducing processing times, seeking greater cross-departmental coordination, and improving
communication (internal and external).
5. Public Record Request Review/Processing: Identify opportunities for departmental document
management, integrated with organizational document management strategies, streamlining
(related to staff time or software implementation) with the goal of reducing processing times,
seeking greater cross-departmental coordination, enhancing independent and transparent public
access, and improving communication (internal and external).
6. Information Technology: Identify technology improvements to facilitate greater efficiency, with
attention to integration with current or anticipated city technology implementations.
7. Best Management and Performance Measure Tracking: Identification of activity and performance
management tools, and benchmarking against accepted public agency standards and service
levels for similarly sized, structured, and resourced cities and departments.
8. Communication: Review interaction methods (with City staff and members of the community) to
identify opportunities for improved response times and reduction in non-legal questions/requests
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for assistance.
9. Explore Other Issues Identified: Assess and identify other opportunities for improvements,
including those related to intake, tracking and interaction with other departments.
10. Recommendations for Change: Identify and prioritize recommendations; identify cost/savings
and or efficiencies/effectiveness enhancements associated with each recommendation; provide
suggested timeline, and implementation plan.
C. PRELIMINARY PROJECT SCHEDULE
Date Task Responsible Party
5/19/2021 Issue RFP City Attorney/Finance
6/1/2021 Deadline to submit proposal -
6/2/21 – 6/15/21 Staff review of proposals City Attorney
6/10/2021 Interviews with short-list candidates City Attorney
June 2021
(post budget adoption)
Negotiation and finalization of agreement for
services subject to budget approval
City Attorney/ City
Manager
July 1, 2021 Agreement start date -
July-October 2021 Analysis by consultant Consultant & Staff
November 2021 Draft report submitted for review
Feedback provided
Consultant
City Attorney/
Stakeholders
December 2021 Revisions to report completed and final report
submitted
Consultant
January 2022 Implementation of recommendations for
current fiscal year
City Attorney
Feb – Jun 2022 Participation in supplemental budget process
in order to implement recommendations for
fiscal year 2022-23
City Attorney
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D. PROJECT BUDGET
In the proposed City of San Luis Obispo 2021-23 Financial Plan, a one-time allocation not to exceed
$60,000 is being recommended to cover the cost of this assessment. Initial City Council review and
strategic budget direction to staff instructed the City Manager to include the funding in the final budget
proposal, but that final proposed budget will not be reviewed and adopted by Council until June 2021.
Proposals should assume an absolute ceiling of $60,000 for all work proposed, including any necessary
subconsultant work, contingencies and delays.
E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant)
shall meet all the terms, and conditions of the Request for Proposals (RFP) project package.
By virtue of its proposal submittal, the Consultant 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 submitted via Bid Sync.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s
insurance coverage during proposal evaluation; as discussed under paragraph 12 below,
endorsements are not required until contract award. The City’s insurance requirements
are detailed in Section H.
4. Proposal Withdrawal. A Consultant 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. No proposal received after the time specified, or at any place
other than that stated, in the “Notice Requesting Proposals” will be considered.
5. 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. The proposal may include
recommended cost saving modifications to scope or contemplated approach that will
accomplish articulated objectives in a more efficient or cost-effective manner.
6. 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.
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CONTRACT AWARD AND EXECUTION
7. Proposal Retention and Award. The City reserves the right to retain all proposals for a period
in compliance with its adopted retention schedule. 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 F of these
specifications for proposal evaluation and contract award criteria.
8. Competency and Responsibility of Consultant. The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of Consultants.
Consultants will provide, in a timely manner, all information that the City deems necessary to
make such a decision.
9. Contract Requirement. The Consultant 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 or email to it at the address given in its proposal. The contract shall be made in
the form adopted by the City and incorporated in these specifications.
CONTRACT PERFORMANCE
10. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section H of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
11. 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.
12. Ability to Perform. The Contractor warrants that it possesses licenses and qualifications
necessary to carry out and complete the work hereunder in compliance with all federal, state,
county, city, and special district laws, ordinances, and regulations.
13. 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.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
15. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
16. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
17. 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
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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.
18. 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.
19. 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.
20. 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.
21. 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 pro vided by the
Contractor (Net 30).
22. 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.
23. 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.
24. Conflict of Interest. 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.
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25. Hold Harmless and Indemnification.
a. Non-design, non-construction Professional Services: To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782 and 2782.8),
Consultant shall indemnify, defend, and hold harmless the City, and its elected officials,
officers, employees, volunteers, and agents (“City Indemnitees”), from and against any
and all causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance or Consultant’s failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, including the City’s active
or passive negligence, except for such loss or damage arising from the sole negligence or
willful misconduct of the City. In the event the City Indemnitees are made a party to any
action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of
this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the
City’s option, reimburse the City Indemnitees their costs of defense, including reasonable
legal fees, incurred in defense of such claims.
b. Non-design, construction Professional Services: To the extent the Scope of Services
involve a “construction contract” as that phrase is used in Civil Code Section 2783, this
paragraph shall apply in place of paragraph A. To the fullest extent permitted by law
(including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant
shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
employees, volunteers, and agents (“City Indemnitees”), from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance or Consultant’s failure to perform its obligations under this
Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the
City. In the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from Consultant’s performance of this Agreement, the
Consultant shall provide a defense to the City Indemnitees or at the City’s option,
reimburse the City Indemnitees their costs of defense, including reasonable legal fees,
incurred in defense of such claims.
c. Design Professional Services: In the event Consultant is a “design professional”, and the
Scope of Services require Consultant to provide “design professional services” as those
phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of
paragraphs A or B. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and
hold harmless the City and its elected officials, 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,
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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.
26. 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.
27. Termination for Convenience. The City may terminate all or part of the contract for any or
no reason at any time by giving 30 days written notice to 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 the contract. 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.
28. 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
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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.
F. SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section E (General
Terms and Conditions) of these specifications, the contract will be awarded based on the
qualifications and experience, quality of work, suitability of approach, references from
current or prior clients for whom consultant has performed similar services, and effectiveness
in communicating with the City.
2. Working Out of Scope. If, at any time during the project, the Contractor is directed to do work
by persons other than the City Attorney and the Contractor believes that the work is outside
of the scope of the original contract, the Contractor shall inform the City Attorney
immediately. If the City Attorney and Contractor both agree that the work is outside of the
project scope and is necessary to the successful completion of the project, then a fee will be
established for such work based on Contractor's hourly billing rates or a lump sum price
agreed upon between the City and the Contractor. Any extra work performed by Contractor
without prior written approval from the City Attorney shall be at Contractor's own expense.
3. Contract Extension. The term of the contract may be extended by mutual consent.
4. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, demonstrating
progress by project work phase. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting
detail. The City's payment terms are 30 days from the receipt of an original invoice.
5. Non-Exclusive Contract. The City reserves the right to contract for services listed in these
specifications from other consultants during the contract term.
6. Submittal of References. Each proposer shall submit a statement of qualifications and
references on the form provided in the RFP package.
7. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Acknowledgment.
b. Certificate of Insurance.
c. Statement of Qualifications & References.
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Qualifications
d. Experience of your firm in performing work and projects, relevant to the Scope of
Services outlined and described in this request for proposals, for legal departments
of public agencies or similar in-house legal departments.
e. Experience and/or resumes of the staff to be assigned to the project with their
corollary experience highlighted and specific roles in this project clearly described.
f. Standard hourly billing rates for the assigned staff, including and sub-consultants.
g. Redundancy in the firm of staff experienced in this type of work.
h. Proximity and staffing levels of the firm’s office nearest to San Luis Obispo,
California.
i. Statement and explanation of any instances where your firm has been removed from
a project or disqualified from proposing on a project.
j. Detailed list of consultant services available directly from the firm.
Work Program
k. Detailed description of your approach to completing the work.
l. Detailed tentative schedule by task and sub-task for completing the work.
m. Estimated hours for your staff in performing each task and sub-task, including sub-
consultants, clearly demonstrating who will be performing work, and how much time
it will take.
n. Detailed budget by task and sub-task for completing the work.
o. Work efforts or data to be provided to Consultant by the City.
p. Services and deliverables provided by the Consultant in addition to those required
by Section 14 below.
q. Any other information that would assist us in making this contract award decision.
r. Description of assumptions made by Consultant which were critical to the
development of the proposal which may impact cost or scope.
Compensation
s. Proposed compensation and payment schedule tied to accomplishing key tasks.
Requested Changes to Terms and Conditions
t. The City desires to begin work soon after selecting the preferred Consultant Team.
To expedite the contracting process, each submittal shall include requested redlined
changes to terms and conditions, if necessary.
Proposal Length
u. Proposal length should only be as long as required to be responsive to the RFP,
including attachments and supplemental materials.
v. The minimum font size shall be 11 point, with minimum left and right margins of one
(1) inch, and top and bottom margins of one-half (0.5) inch.
w. Charts and other short form approaches to convey information are encouraged.
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8. Proposal Submittal. Proposal documents must be submitted via BidSync as described in this
Notice Requesting Proposals for ORGANIZATIONAL ASSESSMENT OF THE CITY ATTORNEY
DEPARTMENT. No hard copies are required or allowed.
9. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and
evaluated on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for
successfully performing the work required by the City.
d. Background and recent team experience in successfully performing similar services.
e. Creativity of the proposed approach in completing the work.
f. Writing skills.
g. References.
h. Proposed compensation, broken down by task and/or team member, with an
estimate of supplies needed to provide the scope of services. Lump sum proposals
will not be considered.
As reflected above, contract award will not be based solely on price, but on a combination
of factors as determined to be in the best interest of the City. After evaluating the proposals
and discussing them further with the finalists or the tentatively selected contractor, the City
reserves the right to further negotiate the proposed work and/or method and amount of
compensation.
10. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP 5/19/2021
b. Receive proposals 5/19 – 6/1/2021
c. Evaluate proposals 6/1 – 6/15/2021
d. Conduct finalist interviews as needed
e. Finalize recommendation 6/15/2021
f. Execute contract June 2021
g. Start work 7/1/2021
11. 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.
12. 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.
13. 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
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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.
14. Required Deliverable Products. The Contractor will be required to provide:
a. One electronic proposal submission - digital-ready original .pdf of all final documents.
b. One electronic copy of the preliminary draft of the organizational assessment and
strategic plan addressing all elements of the scope of work.
c. One electronic copy of the final organizational assessment and strategic plan addressing
all elements of the scope of work and incorporating any and all feedback provided on the
preliminary draft.
d. 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
e. 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.
15. Attendance at Meetings. Consultant should include in the contract price their participation
in meetings and interview sessions sufficient to collect the information outlined in the Scope
of Work. The contract price should also include one or more meetings with Stakeholders to
present the preliminary draft of the assessment and strategic plan in order to collect feedback
prior to completion of the final report. These meetings can be done, as appropriate, through
effective use of information technology.
16. Alternative Proposals. The proposer may submit only one proposal but may suggest cost
saving or efficiency enhancing alternatives within that proposal which it believes will also
meet the City’s project objectives, but in a different way. The proposer must provide an
analysis of the advantages and disadvantages of each of the alternatives and discuss under
what circumstances the City would prefer one alternative to the other(s).
17. 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. Failure
of the proposer to notify City in writing of specification defects or ambiguities prior to
proposal submittal shall waive any right to assert said defects or ambiguities subsequent to
submittal of 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.
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G: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [month, day, year]
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City,
and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on May 19, 2021, City requested proposals for ORGANIZATIONAL ASSESSMENT OF THE
CITY ATTORNEY DEPARTMENT; and
WHEREAS, pursuant to said request, Contractor submitted a proposal for consulting services 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 July 1, 2021 until acceptance or completion of
said project.
2. INCORPORATION BY REFERENCE. City Specification for ORGANIZATIONAL ASSESSMENT OF THE
CITY ATTORNEY DEPARTMENT 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
being ‘Section E’ and ‘Section F’ of the City Specification. 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 in a total sum not to exceed [$xxxxx.xx].
4. CONTRACTOR’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 Attorney, subject to
limitations of Council budget approvals.
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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 either United States mail,
postage prepaid by registered or certified mail addressed as shown below, or by electronic mail
to all the address(es) provided:
City: Contractor:
Christine Dietrick, City Attorney
City Attorney Department
990 Palm Street
San Luis Obispo, CA 93401
Email: cdietrick@slocity.org and
mjorgensen@slocity.org and
kwhite@slocity.org
Contact Name, Title
Company Name
Address
Email:
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 executed the day
and year first above written.
CITY OF SAN LUIS OBISPO:
_____________________________________
By: Christine Dietrick,
City Attorney
CONTRACTOR:
_____________________________________
By: [Name of individual executing agreement]
Its: [Title]
APPROVED AS TO FORM:
_____________________________________
City of San Luis Obispo City Attorney
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H: INSURANCE REQUIREMENTS
Consultant Services
The Contractor 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 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.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
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 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.
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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
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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I: PROPOSAL SUBMITTAL FORM
ACKNOWLEDGEMENT
The undersigned declares that she or he:
◼ Has carefully examined the specifications for an ORGANIZATIONAL ASSESSMENT OF THE CITY
ATTORNEY DEPARTMENT, which is hereby made a part of this proposal.
◼ Is thoroughly familiar with the proposal contents.
◼ Is authorized to represent the proposing firm.
◼ Agrees to perform the work as set forth in this proposal.
❑ Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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STATEMENT OF QUALIFICATION & REFERENCES
1. Number of years engaged in providing the services included within the scope of the specifications
(under the present business name): years. If applicable work was completed under
different business names, please explain. Attach additional pages as needed.
2. Describe fully the experience/history of the firm and its employees that qualify it to successfully
complete the services included within the scope of the specifications. Attach additional pages as
needed.
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3. 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 as
needed. 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
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
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BIDDERS LIST
NOTE: Not to be included with Bidder's Package when mailed or handed out. This should be included
and referenced as an attachment to the Council Agenda Report or City Manager Report.
Municipal Resource Group
Mary Egan
(916) 261-7547
675 HARTZ AVENUE, SUITE 300
DANVILLE, CA 94526
(530) 878-9100
HBR Consulting
Kevin Clem
KClem@hbrconsulting.com
Cell 201-673-1001
Office 312-425-4433
Matrix Consulting Group
info@matrixcg.net
1650 S. Amphlett Blvd., Suite 213
San Mateo, CA 94402
Office: 605-858-0507
CityGate Associates, LLC
admin@citygateassociates.com
600 Coolidge Dr., Suite 150
Folsom, CA 95630
Office: 916-827-3616
Sloan Sakai
Bob Deis
bdeis@mgmt-strategies.com
info@sloansakai.com
555 Capitol Mall, Suite 600
Sacramento, CA 95814
Office: 510-995-5800
The Novak Consulting Group
info@thenovakconsultinggroup.com
26 E. Hoolister Street
Cincinnati, OH 45219
Office: 513-221-0500
Management Partners
2107 North First Street, Suite 470
San Jose, CA 95131
Office: 408-437-5400
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Department Name: Community Development
Cost Center: 4003
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Shawna Scott, Senior Planner
SUBJECT: AUTHORIZE A TAX EXCHANGE AGREEMENT WITH THE COUNTY OF
SAN LUIS OBISPO TO ADDRESS TAX TRANSFERS FROM THE FROOM
RANCH ANNEXATION AREA; ANNEXATION NO. 82.
RECOMMENDATION
Adopt a Resolution accepting a tax exchange agreement with the County of San Luis Obispo
addressing tax transfers from the Froom Ranch annexation area (Attachment A).
DISCUSSION
Background
On September 15, 2020, the City Council approved the Froom Ranch Specific Plan, including
initiation of annexation of the project site by authorizing staff to submit an application for
annexation to the Local Agency Formation Commission (LAFCo). State law requires that
jurisdictions affected by an annexation (in this case, the County, and the City of San Luis
Obispo) negotiate an exchange of the taxes paid in the annexation area prior to LAFCo approval
of the jurisdictional change.
On April 6, 2021, the County Board of Supervisors (“the Board”) approved the commencement
of tax exchange negotiations with the City for the Froom Ranch Annexation area. The Revenue
and Taxation Code requires that negotiations be concluded within 60 days, unless extended by
mutual agreement between the involved agencies for an additional 30 days. The Board is
scheduled to consider the tax exchange agreement on May 4, 2021, within the second 60-day
timeframe.
Policy Context
In 1996, the City and County adopted a joint resolution, along with several other cities in the
County, to establish a county-wide policy regarding tax exchanges (Attachment B). The “master”
tax exchange agreement is based on two principles: (1) that the County should not “profit” from
annexations, nor should annexations result in a net fiscal loss to the County, and (2), that tax
exchange practices should not undermine good land use planning by discouraging cities from
pursuing logical and appropriate annexations.
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With these principles as the base for discussions, City and County staff have negotiated an
agreement that is consistent with the “master” tax exchange agreement with the County.
Specifically, the resolution recommended for adoption provides for the County to receive all
base property tax revenues and receive two-thirds of any tax increment resulting from
development in the annexation area to fund increased demand for County services. The City will
receive the remaining one-third of the property tax increment, as well as any other taxes (sales
and transient occupancy tax) generated in the area.
Tax Exchange History
Prior to 1996, tax exchange negotiations between the County and cities were more contentious,
with the County “holding most of the cards.” This is because the negotiation process would not
commence until after the annexation applications had gone through a lengthy and complex city
development review process. According to the State Revenue and Taxation Code (Section 99),
exchange negotiations must be concluded within 60 days or the annexation application would
terminate.
Given this process, the City (like others) was under pressure to agree to high County
expectations for sharing tax revenue. Such expectations were increasing across the state, with
counties demanding not only existing revenue, but major shares of future revenue, including
transient occupancy tax and sales tax.
Counties have a need for revenue to support services to residents - even city residents - because
as cities grow, so does the demand for county services (e.g., court, health care, social services,
etc.). As a result, many cities and counties throughout California have become engaged in very
contentious tax negotiations, to the detriment of all involved.
To address this situation in San Luis Obispo County, the Mayors of the cities in the County
commissioned an extensive study of the added burdens created for the County by development
within the boundaries of cities. As a result, several cities in San Luis Obispo County entered into
a “master” tax exchange agreement with the County in 1996 (Attachment B). This agreement
greatly reduces the uncertainty and conflict inherent in the previous annexation process,
especially relative to raw undeveloped land. The intent was to embark on a regional process to
update the Master Tax Exchange Agreement in Spring 2020 and that effort was sidelined due to
COVID-19 impacts. It is unknown at this time when this effort will return as a regional priority.
Froom Ranch Tax Agreement
The negotiated agreement for the Froom Ranch annexation area provides for the County to
receive all base tax and two-thirds of the future tax increment, consistent with the countywide
“master” tax exchange agreement.
CONCURRENCE
The negotiated tax exchange agreement has been routed to the City Manager, City Attorney, and
all applicable City departments including the Finance Department to confirm concurrence.
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ENVIRONMENTAL REVIEW
The Froom Ranch Specific Plan Final Environmental Impact Report (EIR) was certified by the
City Council on September 15, 2020. The Final EIR included an evaluation of the Specific Plan,
Vesting Tentative Tract Map, and annexation of the Froom Ranch property into the City. The
negotiated tax exchange agreement was identified as a component of the annexation process
when considered and approved by the City Council. Adoption of the resolution accepting a tax
exchange agreement with the County of San Luis Obispo addressing tax transfers from the
Froom Ranch annexation area (Attachment A) is consistent with the certified Final EIR, would
not result in any physical changes to the environment, and does not require any supplemental or
subsequent environmental review.
FISCAL IMPACT
Budgeted: No Budget Year: 2020-2021
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The “master” tax exchange agreement with the County has been in effect since 1996. The
negotiated agreement for the Froom Ranch annexation area is consistent with the “master” tax
exchange agreement. When the “master” tax exchange agreement was proposed in 1996 it was
accompanied by a fiscal analysis that made two conclusions (Attachment C). First, that the loss
of property tax to the County through the agreement is recompensed many times over by sales
tax. Second, for residential properties, the shift of some property tax to the County from the City
is relatively small and that other variables would be much more important to the community’s
decision to move forward with a particular annexation (such as the creation of housing stock to
help the City achieve its Housing Element goals).
The other relevant analysis was prepared along with the City’s General Plan Land Use Element
(LUE). When the LUE was adopted, it was determined to have a neutral fiscal impact. In other
words, future expenditures associated with build-out of the land use plan are supported by future
revenues. Because development of the Froom Ranch area is consistent with the General Plan,
annexation of the Froom Ranch area is expected to have a neutral fiscal impact in the aggregate.
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ALTERNATIVES
1.If the City Council has specific concerns with the rationale for the 1996 Agreement, direct
staff to re-open negotiations with the County with specific negotiating parameters. This
alternative is not recommended because the negotiating period for this annexation will expire
on June 4, 2021. In addition, County staff is not receptive to negotiating an individual
agreement with the City that is substantially different than the “master” tax exchange
agreement.
2.Direct staff to work with the County, and other cities in the county, to update the “master”
tax exchange agreement before approving an agreement for the Froom Ranch annexation
area. This alternative is not recommended because such an effort would involve a substantial
amount of time to accomplish and should be initiated outside of the negotiations of any
particular annexation. In addition, each annexation provides an opportunity for City staff to
discuss the fundamental principles of the 1996 Agreement and policy with County staff. The
underlying assumptions behind the tax exchange agreement are still valid and changes to the
policy are not warranted at this time.
Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - Master Tax Sharing Agreement
c - COUNCIL READING FILE - Analysis of 1996 Tax Sharing Agreement
d - Froom Ranch Annexation Area Location Map
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R ______
RESOLUTION NO. ________ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ACCEPTING A NEGOTIATED EXCHANGE OF
TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE
COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO
FOR THE FROOM RANCH ANNEXATION AREA, AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED MAY 18, 2021
WHEREAS, the City of San Luis Obispo, a charter city and municipal corporation, wishes
to move forward with the annexation of the Froom Ranch area; and
WHEREAS, the Revenue and Taxation Code Section 99(a)(1) requires that the amount of
tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged
among the affected local agencies shall be determined by negotiation; and
WHEREAS, the Revenue and Taxation Code Section 99(b)(6) requires that each local
agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to
accept the negotiated exchange of property tax revenues, if any, and annual tax increment and
requires that each local agency transmit a copy of each such resolution to the Executive Officer of
the Local Agency Formation Commission; and
WHEREAS, no later than the date on which the certificate of completion of the
jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the
County Auditor of the exchange of tax revenues by transmitting a copy of said resolutions to him
and the County Auditor shall thereafter make the appropriate adjustments as required by law; and
WHEREAS, the negotiations have taken place concerning the transfer of tax revenues and
annual tax increments between the County of San Luis Obispo and the City of San Luis Obispo
pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation No. 82 to the
City of San Luis Obispo (Froom Ranch); and
WHEREAS, the negotiating party, to wit: Emily Jackson, Division Manager, County of
San Luis Obispo, on behalf of the County and Michael Codron, Community Development
Director, City of San Luis Obispo, on behalf of the City have negotiated the exchange of tax
revenue and annual tax increments between such entities as hereinafter set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of tax revenues and
annual tax increments be consummated.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Agreement. The City Council agrees to accept the following negotiated
exchange of base tax revenues and annual tax increment:
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Resolution No. _____ (2021 Series) Page 2
R ______
1. No base tax revenue shall be transferred from the County of San Luis Obispo to the City
of San Luis Obispo.
2. Annual tax increments shall be transferred from the County of San Luis Obispo to the
City of San Luis Obispo in fiscal year 2022-2023 and each fiscal year thereafter in the
amount of one-third of the increment remaining after transfers to the Educational
Revenue Augmentation Fund (ERAF).
SECTION 2. Transmittal. The City Clerk is authorized and directed to transmit a certified
copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation
Commission, who shall then distribute copies in the manner prescribed by law:
Upon motion of Council Member ______________, seconded by Council Member
_____________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 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: 2003
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Jacob Nunez, Financial Analyst- Revenue
SUBJECT: EXAMINATION OF SALES AND USE TAX RECORDS
RECOMMENDATION
Approve a Resolution authorizing the examination of Sales and Use Tax records (CDTFA
Identifier, Local Sales Tax Code 40023) (Attachment A).
DISCUSSION
Background
In 1957, the Council adopted Ordinance No. 0045 (1957 Series) (Attachment B) to introduce a
Sales and Use tax and incorporate provisions identical to those of the Sales and Use Tax law of
the State of California.
Sales and Use taxes are administered and collected by the California Department of Tax and Fee
Administration (CDTFA). Per Section 7056 of the California Revenue and Taxation Code,
positions designated to access CDTFA records, must be approved via resolution by the
governing body.
The San Luis Obispo City Council adopted such a Resolution via Resolution No. 6806 (1990
Series) (Attachment C), which granted the Mayor, Councilmembers, the City Administrative
Officer, and the Director of Finance access to the CDTFA Sales and Use tax records under Local
Sales Tax Code 40023.
In October 2020, CDTFA transitioned its Sales and Use tax records from its old platform, Secure
Automated File Exchange, to a secure portal, BOX, requiring a new sign-in for approved
positions. This prompted a review of the Resolution No. 6086, and the need to update the
authorized position titles within.
Authorization to Review Records
With the new resolution (Attachment A), staff recommends assigning the City Manager, the
Finance Director, the Deputy City Manager, and the Principal Budget Analyst access and review
rights to CDTFA records for the City of San Luis Obispo’s Sales and Use tax records. The City
Manager and the Finance Director can designate other positions to access and review on their
behalf. The updated resolution also provides for the City's Sales and Use tax consultant, HdL
Companies, to continue access to CDTFA data for analysis and auditing purposes.
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Previous Council Action
On December 8, 2020, the City Council approved Resolution No. 11197 (2020 Series), which
authorized all the positions recommended in this resolution to have access to CDTFA records for
the local Transaction and Use taxes (CDTFA Identifier, Jurisdiction Add-on Code 892).
Public Engagement
As this is an administrative item no additional public engagement was done. Members of the
public will have the opportunity to provide public comment or submit agenda correspondence at
the May 18, 2021 City Council meeting.
FISCAL IMPACT
Budgeted: No Budget Year: 2020-21
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact associated with the adoption of the resolution. However, the local Sales
and Use tax is the City’s third largest revenue source and the access to the information is
essential for analysis and forecasting of this important revenue stream.
ALTERNATIVES
The City Council could decide not to authorize the examination of Sales or Transaction and
Use tax records. This is not recommended as several senior management staff will not have
access to the information.
Attachments:
a - Draft Resolution
b - Ordinance No. 0045 (1957 Series)
c - Resolution No. 6806 (1990 Series)
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R ______
RESOLUTION NO._____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE EXAMINATION OF
SALES AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance Number 0045 of the City of San Luis Obispo, the
City of San Luis Obispo (hereinafter referred to as District) established the City’s local Sales and
Use tax; and
WHEREAS, the City authorized certain officers, employees and representatives of the
District to access and review the local Sales and Use tax information pursuant to Resolution No.
6806 (1990 Series); and
WHEREAS, pursuant to Revenue and Taxation Code section 7270, the District entered
into a contract with the CDTFA to perform all functions incident to the administration and
collection of Transactions and Use taxes via Ordinance No. 1495; and
WHEREAS, the City Council of the City of San Luis Obispo deems it desirable and
necessary for authorized officers, employees and representatives of the District to continue to
access confidential Sales and Use tax records of the CDTFA as contracted via Ordinance 0045;
and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of CDTFA records, and Section 7056.5 of the
California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure
of information contained in, or derived from, the Sales, Transactions and Use tax records of the
CDTFA;
WHEREAS, upon review of Resolution No. 6806, (1990 Series), it was discovered that
the position titles authorized to review Sales and Use tax records have changed and are no longer
applicable.
NOW, THEREFORE IT IS RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Manager, the Finance Director, the Deputy City Manager, and the
Principal Budget Analyst, or other officers or employees of the District designated in writing by
the City Manager, Finance Director, Deputy City Manager, or the Principal Budget Analyst to the
CDTFA are hereby appointed to represent the District with authority to examine Sales and Use tax
records of the CDTFA pertaining to Sales and Use taxes collected for the District by the CDTFA
pursuant to the contract between the District and the CDTFA.
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Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 2. The information obtained by examination of CDTFA records shall be used
only for purposes related to the collection of District Sales and Use taxes by the CDTFA pursuant
to that contract, and for purposes related to the following governmental functions of the District:
a) Revenue management and budgeting;
b) Community and economic development;
c) City administration;
d) Business License and Tax administration.
The information obtained by examination of CDTFA records shall be used only for those
governmental functions of the District listed above.
SECTION 3. Hinterliter, De Llamas and Associates (HdL Companies) is hereby
designated to examine the Sales and Use tax records of the CDTFA pertaining to Sales and Use
taxes collected for the District by the CDTFA. The entity designated by this section meets all of
the following conditions, which are also included in the contract between the City and HdL
Companies and:
a) has an existing contract with the District to examine those Sales and Use tax
records;
b) is required by that contract to disclose information contained in, or derived from,
those Sales and Use tax records only to the officer or employee authorized under
Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer
during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived
from those Sales and Use tax records, after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of CDTFA
records shall be used only for purposes related to the collection of District’s Sales and Use taxes
by the CDTFA pursuant to the contract between the District and the CDTFA and for those purposes
relating to the governmental functions of the District listed in section 2 of this resolution.
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Resolution No. _____ (2021 Series) Page 3
R ______
SECTION 4. This resolution supercedes Resolution No. 6806 (1990 Series) of the City
Council of the City of San Luis Obispo adopted pursuant to subdivision (b) of Revenue and
Taxation Code section 7056.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 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, this _____________________________.
____________________________________
Teresa Purrington
City Clerk
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RESOLUTION NO. 6806 (1990 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO AUTHORIZING CERTAIN
CITY OFFICIALS AND A CITY CONTRACTOR ACCESS TO
SALES AND USE TAX RECORDS PURSUANT TO
GOVERNMENT CODE SECTION 7056
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY RESOLVES AS
FOLLOWS:
Section 1. The following City officials are hereby authorized to receive and review sales and
use tax transactions, for the City of San Luis from the Board of Equalization:
Mayor and Councilmembers
City Administrative Officer
Director of Finance
Section 2. The following independent contractor for the City of San Luis Obispo is hereby
also authorized to receive and review sales and use tax transactions for the City
of San Luis Obispo.
Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal, Lloyd de
Llamas, Principal.
Section 3. The City of San Luis Obispo hereby certifies that Hinderliter, de Llamas &
Associates:
A. Has an existing contract with the City of San Luis Obispo to receive sales
and use tax records; and
B. Is required by that to disclose information contained in, or derived from,
those sales and use tax records only to an officer or employee of the City
who is authorized by this resolution to examine the information; and
C. Is prohibited by that contract from performing consulting services for
a retailer during the term of that contract, and
D. Is prohibited by that contract from retaining the information contained
in, or derived from those sales tax records, after that contract has
expired.
Section 4. Information obtained by examination of the board of records shall be used only
for purposes related to the collection of local sales and use taxes by the board
pursuant to the contract, and for Municipal Revenue Forecasting.
Section 5. This resolution supersedes previous authorizations.
Section 6. The City Clerk shall certify to the adoption of this Resolution and send forward
a certified copy to the Board of Equalization.
R 6806
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Resolution No. 6806
Page 2 u
Upon motion of Councilwoman Rappa , seconded by Councilman. Roalman and
on the following roll call vote:
AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was adopted this 15th day of May 1990.
Mayor Ron Dunin
A TEST:
f
V
Pa Voges, Ci
APPROVED
nn inistrative Officer
tor
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Department Name: Administration
Cost Center: 1004
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Lee Johnson, Economic Development Manager
Victoria Tonikian, Acting Assistant to the City Manager
SUBJECT: REACH 2021-2023 AGREEMENT AND COUNCIL LIAISON ASSIGNMENT
RECOMMENDATION
1. Authorize the City Manager to execute a two-year contract with REACH in the amount of
$50,000 for regional economic development activities; and
2. Appoint Vice-Mayor Stewart as the Council Liaison to REACH’s SLO Advisory.
DISCUSSION
Background
Previously, the City’s Economic Development Program contracted with the Economic Vitality
Cooperation of San Luis Obispo County (EVC) to receive regional economic development
services. The City has been contracting with EVC for economic development services for many
years and was prepared to do so again during this upcoming Financial Plan. However, in the 4 th
quarter of 2020, EVC and REACH, a Regional Economic Action Coalition, entered into
discussions to merge. Effective in April 2021, the two entities officially merged leaving REACH
as the only regionally focused economic development entity.
Due to the continued need for regional economic development services and partnership,
specifically related to recovery from the COVID-19 pandemic and the impending closure of the
Diablo Canyon Power Plan (DCPP), staff is recommending the City Council authorize the City
Manager to execute a contract with REACH for the next two fiscal years (2021-23) in the
amount of $50,000 for an economic development related-service. (Attachment A)
REACH was formed as a regional economic development entity because of the closure of the
Diablo Canyon Power Plan (DCPP), the work of “Project Hourglass,” and the desire to unite
public, private, and civic leaders across the Central Coast.
With the merger with EVC, REACH will continue to initiate many of the key activities of the
EVC as well as being the lead for the DCPP coordination within the region. In addition to the
focus on DCCP, REACH is also engaged in the regional business attraction efforts with their
new data tool, job creation and training as well creating opportunities for the City to engage with
other stakeholders in the region through their REACH Council, SLO Advisory, and the
Practitioners Network.
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As outlined in their proposal (Attachment B), the proposed partnership would include the
following activities and tools:
1. Data tools that support economic retention and expansion. This data will be hosted on an
online platform and will support policymakers and business leaders in understanding the
assets and opportunities specifically for the City as well as the broader region.
2. REACH will promote, represent and advocate for the City as a key stakeholder in the
Central Coast Super Region.
3. Participation in REACH advisory and tactical bodies.
One significant benefit of partnering with REACH is the access to and regionalism
involved in their three advisory and tactical bodies:
REACH Council (City Management) – Acts as a steering committee of the REACH 2030
plan with a charge to guide the implementation of strategic initiatives.
SLO Advisory (City Council) – Acts as an advisory body to the Board of Directors on
issues affecting SLO County.
Practitioner Network (City Staff) – United group of regional economic development
professionals from government, Chambers of Commerce and other organizations that
work together on business attraction, retention and expansion efforts.
REACH Deliverables
Should the City choose to partner with REACH, REACH will lead, and the City will support the
following strategic priorities as outlined in the proposal:
1. Accelerate job growth in target industries (such as aerospace and defense, agritech,
technology, and energy/clean tech).
2. Create world class innovations hubs (influence the transformation of Diablo Canyon).
3. Breakdown barriers to job creation.
4. Prepare City residents for the jobs of the future, primarily head of household jobs.
City Council Liaison
As outlined above, should the City choose to partner with REACH, the City will be involved in
REACH’s three advisory and tactical bodies, which includes appointing one designee from the
City Council to serve on the SLO Advisory. It is staff’s recommendation to appoint Vice-Mayor
Stewart to REACH’s SLO Advisory given her role as the Council Liaison to the EVC
previously.
Policy Context
The recommendation to execute a contract with REACH for economic development services and
partnership is consistent with overall goals of the Economic Development Program, the current
Economic Development Strategic Plan, and the 21-23 Major City Goal of Economic Recovery,
Resiliency, and Fiscal Sustainability.
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Public Engagement
For this item, no public engagement was conducted as this is considered to be an administrative
item. However, noticing has been conducted in advance of the Council meeting which will allow
members of the public to provide written correspondence or verbal public comment.
CONCURRENCE
The City’s Purchasing Analyst has reviewed the contract and proposal and concurs with this
approach of partnering with REACH and using SB1090 monies to fund both years of the
agreement.
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
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
State (SB1090) $60,000 $50,000 $10,000 $25,000
Federal
Fees
Other:
Total $60,000 $50,000 $10,000 $25,000
The Economic Development program has a remaining balance of $60,000 from SB1090 monies
that the City received which is intended to be used to help manage the impacts of the DCPP
closure. This funding is required to be used before the end of the 2021 fiscal year. As such it is
recommended that this funding be used now for both years of the REACH agreement.
Moving forward, there will be an on-going cost of $25,000 for the following fiscal years, starting
in Fiscal Year 2024. Currently, the Economic Development Program has $7,500 budgeted per
fiscal year for Regional Economic Development partnerships. Should the City wish to continue
its contract with REACH in Fiscal Year 2024, staff will submit a Significant Operating Budget
Change during the 2023-25 Financial Plan process to address the delta.
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ALTERNATIVES
1. The City Council could choose not to approve this agreement and not participate fully in
the regional economic development activities. This is not advised as Economic Recovery,
Resiliency, and Fiscal Sustainability is a Major City Goal and this partnership will allow the
City to better reach its economic development and recovery goals.
2. The City Council could choose to appoint a different City Council member to REACH’s
SLO Advisory. This is not recommended as Vice-Mayor Stewart has previous experience
with the EVC.
Attachments:
a - REACH Agreement 2021-23
b - REACH 21-23 Proposal
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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 REACH hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, the City wants to receive Regional Economic Development Services from the
Consultant; and
WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal dated
April 8, 2021 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 acceptance and completion of said services.
2. INCORPORATION BY REFERENCE The Contractor’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 an made a part of this Agreement as Exhibit B. The City’s insurance requirements
and contractors 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 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 services as specified in this Agreement, City will
pay and Consultant shall receive therefor compensation in a total sum not to exceed $50,000 ($25,000 per
fiscal year).
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.
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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 Council 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 City Administration
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: Lee Johnson, Economic
Development Manager
Consultant/Consultant REACH
3765 S Higuera St # 102
San Luis Obispo, CA 93401
ATTN: Melissa James
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:_____________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM: REACH
By:________________________________ By: _____________________________________
J. Christine Dietrick, City Attorney President &CEO
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EXHIBIT A
I. Responsibilities of REACH
A. MISSION:
1. REACH is an economic impact organization working through a public-private partnership
of local businesses, governments, education, and nonprofit partners to retain, attract, grow,
and create sustainable businesses in the two county Central Coast Region, including San
Luis Obispo and Santa Barbara Counties.
B. GOALS:
REACH is guided by and strategically focused on the following specific long-range goals as
outlined in the REACH 2030 Plan:
1. ACCELERATE JOB GROWTH IN TARGET INDUSTRIES
By bolstering industry segments, such as aerospace and defense, precision manufacturing,
agritech, technology and energy/clean tech
2. CREATE WORLD-CLASS INNOVATION HUBS
By optimizing Diablo Canyon and Vandenberg Air Force Base as economic engines
3. BREAK DOWN BARRIERS TO JOB CREATION
By addressing housing, transportation, water and related challenges and embracing
innovative financing tools
4. PREPARE RESIDENTS FOR THE JOBS OF TODAY AND TOMORROW
By aligning educational and workforce opportunities
C. RETENTION AND EXPANSION POLICY:
1. REACH’s primary role is developing the Central Coast Region's market intelligence
strategy for high-wage industry sectors in coordination with representatives of local
communities.
2. Both Parties understand that retention and expansion of existing businesses within
communities is primarily a local issue, but REACH will confidentially assist local leaders
on these projects as outlined in the guiding principles document.
3. REACH will support communities' efforts to retain and expand existing businesses
through coordinating regional support, providing data, and supporting lead generation, lead
management and key retention and expansion projects, as requested by the local
community.
4. REACH will advise communities when an existing company contacts REACH regarding
a retention or expansion issue, subject to any legal and/or contractual non-disclosure
obligations.
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D. ACTION PLANS:
In accordance with the Mission, Goals, and Retention and Expansion Policy set forth above and
subject to the availability of adequate funding, REACH shall implement strategic action plans
adopted by its Board of Directors in coordination with the REACH Council with input from the
SLO County and/or Santa Barbara County advisory bodies as deemed appropriate. The Public
Jurisdiction shall be entitled to provide input on these action plans through its participation in these
advisory groups as specified in Sections III.A and III.B of this Agreement.
The Public Jurisdiction acknowledges and agrees that REACH, in reasonable judgment, with
proper notice, in accordance with its own practices and procedures and under the guidance of the
organizational engagement bodies such as the REACH Council, Board of Directors, and REACH
Founders circle may substitute, change, reschedule, cancel, or defer certain activities as required
by a result of changing market conditions, funding availability, or other circumstances beyond
REACH’s reasonable control.
E. PERFORMANCE TARGETS:
Specific performance targets shall be established by REACH’s Board of Directors and shall be
used to evaluate and report progress on REACH’s implementation of strategic action plans.
REACH will provide annual reports to the Public Jurisdiction detailing its progress in
implementing such plans based on performance metrics. As required by a result of changing
market conditions, funding availability, or other circumstances beyond REACH’s reasonable
control, these performance targets may be revised with the approval of the Board of Directors.
F. PRACTITIONER NETWORK
REACH will organize and lead the Practitioner Network which will develop and follow set
protocol for issues such as: business attraction, retention, and expansion; external marketing and
communications; and permitting streamlining. The Public Jurisdiction may appoint one
representative to the taskforce as outlined in Section lll.B. of this Agreement.
II. RESPONSIBILITIES OF THE PUBLIC JURISTICTION
A. STAFF SUPPORT OF REACH’S EFFORTS:
The Public Jurisdiction shall provide staff support to REACH’s economic development efforts
as follows:
l. The Public Jurisdiction shall respond to leads or prospects referred by REACH in a
professional manner within the time frame specified by the lead or prospect if the Public
Jurisdiction desires to compete and if the lead is appropriate for the Public Jurisdiction.
When possible, the Public Jurisdiction agrees to provide its response in the format
developed jointly by REACH and the Practitioner Network.
2. The Public Jurisdiction shall provide appropriate local hospitality tours, and briefings for
prospects visiting sites in the Public Jurisdiction.
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3. The Public Jurisdiction shall provide an official economic development representative
to represent the Public Jurisdiction on the Practitioner Network, which works in
collaboration with REACH and other economic development professionals regionwide to
promote the Central Coast region in order to attract, retain, and expand local business.
4. The Public Jurisdiction shall use its best efforts to timely respond to special requests by
REACH for specific information about the Public Jurisdiction within the time frame
specified in such request.
5. In order to enable REACH to be more sensitive and responsive to the Public
Jurisdiction's requirements, the Public Jurisdiction shall, at its sole option, deliver to
REACH copies of any economic development strategies approved by the Public
Jurisdiction, work plans, programs, and evaluation criteria. REACH shall not disclose the
information to outside parties.
6. The Public Jurisdiction shall use its best efforts to cause an economic development
professional representing the Public Jurisdiction to attend all events and other functions to
which the Public Jurisdiction has committed itself.
7. The Public Jurisdiction agrees to work with REACH to improve the Public Jurisdiction's
competitiveness and market readiness to support the growth and expansion of targeted
industries.
B. RECOGNITION OF REACH:
The Public Jurisdiction agrees to recognize REACH as the Public Jurisdiction's officially
designated regional economic development organization.
III. ADDITIONAL AGREEMENTS OF THE PARTIES
A. REACH COUNCIL REPRESENTATION:
The Public Jurisdiction shall have one (1) representative on the REACH Council. The
Councilmember under this paragraph shall be the highest-ranking non-elected official with the
Public Jurisdiction. This highest-ranking non-elected official shall be permitted to delegate his or
her position in coordination with REACH. Any such Councilmember (the representative or his or
her designee) will be qualified to serve on the REACH Council only if the Public Jurisdiction
remains current on its annual contribution at an amount equal to or greater than $10,000.
B. PRACTITIONER’S NETWORK REPRESENTATION:
The Public Jurisdiction shall also appoint one (1) economic development professional from its
staff, local economic development partner organization, or other qualified community member,
subject to the approval of REACH, to represent the Public Jurisdiction on REACH’s Practitioner
Network, which works in collaboration with REACH and other economic development
professionals regionwide to promote the Central Coast region in order to attract, retain, and expand
local business.
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C. SLO ADVISORY REPRESENATION:
The Public Jurisdiction shall also appoint one (1) elected official subject to the approval of
REACH, to represent the Public Jurisdiction on REACH’s SLO Advisory Body, which provides
recommendations to the board on issues impacting the SLO County Region.
D. PROVISION OF ASSISTANCE:
When requested and appropriate, REACH will use its best efforts to provide assistance and support
to the Public Jurisdiction's economic development staff for business location prospects identified
and qualified by the Public Jurisdiction and assist the Public Jurisdiction with presentations to
prospects in the Public Jurisdiction or corporate locations.
E. COMPENSATION:
1.The Public Jurisdiction agrees to pay $50,000 for services to be provided by REACH
pursuant to the Agreement during the period of performance (July 1, 2021- June 30 2023),
as set forth in this Agreement.
2. Nothing herein shall preclude the Public Jurisdiction from contracting separately with
REACH for services to be provided in addition to those to be provided hereunder, upon
terms and conditions to be negotiated by the Public Jurisdiction and REACH.
3. REACH shall submit one invoice to the Public Jurisdiction on or before July 1, 2021.
The Public Jurisdiction shall submit full payment within the first quarter of its fiscal year
beginning July 1. 2021.
E. COOPERATION:
1. The purpose of this Agreement is to set forth the regional economic development
program that REACH agrees to undertake, the support that the Public Jurisdiction agrees to
provide, the respective roles of REACH and the Public Jurisdiction, and the payments of
the Public Jurisdiction to REACH for the fiscal year ending June 30, 2023.
2. The parties acknowledge that REACH is a cooperative organization effort between
REACH and local communities. Accordingly, the Public Jurisdiction and REACH covenant
and agree to work together in a productive and harmonious manner, to cooperate in
furthering REACH’s goals.
3. The Public Jurisdiction agrees to work with REACH, as necessary or appropriate, to
revise the performance measures, benchmarks, and/or goals for the FY2022-FY2023 two
year contract.
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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 by the City 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
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.
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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.
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17. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant
shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes
of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal
counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or
Consultant’s failure to perform its obligations under this Agreement or out of the operations
conducted by Consultant, including the City’s active or passive negligence, except for such
loss or damage arising from the sole negligence or willful misconduct of the City. In the event
the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from Consultant’s performance of this Agreement, the Consultant shall provide a
defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services
involve a “construction contract” as that phrase is used in Civil Code Section 2783, this
paragraph shall apply in place of paragraph A. To the fullest extent permitted by law
(including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant
shall indemnify, defend, and hold harmless the City, and its elected officials, officers,
employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes
of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal
counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or
Consultant’s failure to perform its obligations under this Agreement or out of the operations
conducted by Consultant, except for such loss or damage arising from the active negligence,
sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s
performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees
or at the City’s option, reimburse the City Indemnitees their costs of defense, including
reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the
Scope of Services require Consultant to provide “design professional services” as those
phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of
paragraphs A or B. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold
harmless the City and its elected officials, 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
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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.
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.
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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.
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Exhibit C – Insurance
The Contractor 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 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. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
3. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. 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 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.
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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 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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PROPOSAL TO:
THE CITY OF SAN LUIS OBISPO
FOR:
ECONOMIC DEVELOPMENT
PARTNERSHIP
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1 REACH
TABLE OF CONTENTS
Executive Summary 2
About REACH 3
REACH 2030 5
Proposal Overview 6
Scope of Work 8
Team 11
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EXECUTIVE SUMMARY
REACH and the local communities have built a strong foundation of partnership that can be
harnessed for much-needed action related to economic recovery and resilience. This was first
seen with the creation of the REACH 2030 Plan that was unveiled in July of 2020, and later in the
response to the COVID-19 crisis where REACH marshaled its resources and connections to
anticipate and support immediate community needs by partnering with government and leading
development on the San Luis Obispo County START reopening guide.
To support our economic planning and action ove r the near- and mid-term, REACH is proposing
a partnership with the City of San Luis Obispo that focuses on post-pandemic economic recovery
as well as the need to reinvent, restructure, and build deeper resilience into our local economy.
A quick look at the landscape we were facing before we entered the global pandemic of COVID -
19 tells us that people are struggling. In our region before the pandemic : two out of three of our
jobs paid less than $50,000, and these low-wage jobs have been growing faster than any other
income level; 86% of residents did not believe youth today would be able to afford a life on the
Central Coast as adults; and despite what was the longest economic expansion in our nation's
history, half of our jobs had a median wage of $25,000 a year.
While we still don’t know the full impacts of COVID -19 on the economic well-being of our
businesses, our employees and their families, we know with certainty that people in our region
were struggling before and it has only gotten worse. Put simply, the COVID-19 pandemic has
underscored the weaknesses in our regional economy: we lack resilience, we are over -reliant on
low-paying jobs, and these jobs are particularly vulnerable to the pandemic due to their intensely
consumer-facing nature. By increasing economic diversity in the form of growing target
industries, we can build a more resilient economy that creates not only higher-paying jobs but
also jobs and businesses that are less vulnerable to future shocks – whether from the current
pandemic or unforeseen causes. These challenges must be addressed if we are to build a thriving
economy that can withstand the next recession.
In the same way that the response to COVID-19 has required extensive coordination and unity
across sectors of our communities, the much-needed economic recovery can’t be met with
disjointed and fragmented responses. It can’t be met with a government-only solution. It will
require collaboration, coordination and a deep understanding that we are interdependent upon
one another and that we need to work together to ensure a healthy, prosperous future for our
region and the people in it. In this spirit, REACH will work as a convener and catalyst to ensure
public, private, education and non-profit sectors work together to ensure our region’s economic
planning and action is unified and successful.
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ABOUT REACH
REACH is a private sector-led economic impact organization designed to drive action and
economic planning across industry sectors, county lines and political aisles. To do that, REACH
works with a large and diverse network of civic organizations, private -sector leaders, and
government and education partners to drive key init iatives that advance the economic health of
the region and the people in it.
The mission of REACH is to increase economic prosperity through big thinking, bold action and
regional collaboration in pursuit of a vision that the Central Coast will be a place where current
and future generations have the opportunity to thrive.
The work of REACH is guided by a triple-bottom-line approach, balancing social, economic and
environmental sustainability with the following principles that guide the work:
1. PEOPLE FIRST
We commit to creating an inclusive
economy that raises the standard of living
for all.
2. ECONOMIC RESILIENCE
We aim to foster an economy that is
diverse, sustainable and not over-reliant
on any one sector.
3. THE LONG GAME
We take the long view, working to ensure
that future generations have the
opportunity to live, work and thrive here.
4. ENVIRONMENTAL STEWARDSHIP
We treasure our natural resources and
commit to embedding a sustainability
mindset in our systems and decisions.
5. RISE TOGETHER
We rise above competing interests and
embrace collaboration in order to create
greater economic prosperity for all.
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REACH was established to serve a pressing need across the Central Coast region to build the
strategy and partnerships and drive the action needed to support economic expansion and job
creation. Initiatives and projects are advanced in partnership with many stakeholders and
require detailed planning, efficient alignment of effort and resources, and the agility to respond
to emerging opportunities. Modeled after successful regional economic development
organizations across the country, the role of REACH is to convene and catalyze the ecosystem of
partners. REACH does this in the following ways:
1. DRIVE: REACH takes the lead on regional high-impact initiatives requiring multiple
stakeholder collaboration.
2. FOSTER: REACH works to convene key target industries with the goal of harnessing
accelerated growth opportunities.
3. SUPPORT: REACH supports the efforts of public and nonprofit sectors already doing the
work of regional planning and economic development to ensure those efforts are
integrated and optimized.
4. MEASURE: REACH utilizes economic data to develop performance measurements that
track progress toward our goal of inclusive economic well-being.
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REACH 2030
REACH 2030 is an action plan for job creation on the Central Coast , created in partnership with
the County of San Luis Obispo and the seven cities, along with other local government entities,
education partners, business representatives, and community organizations across SLO and
Santa Barbara Counties with a goal of creating 15,000 new good-paying jobs across the Central
Coast by 2030.
The process included data-gathering and analysis, followed by a poll gauging the outlook of the
regional workforce. REACH then brought in the expertise of Deloitte, the world’s largest
consultancy, to help identify ways to unlock economic potential. REACH conducted 5 facilitated
engagements with leaders in each part of the region, 2 day-long tactical sessions aimed at
amplifying the potential of two major assets, Diablo Canyon and Vandenberg AFB , and an
immersive, two-day event with top regional leaders and Gov. Newsom’s chief economic and
business advisor. Months of research and collaborative engagement were distilled into an action
plan that will direct our collective efforts now and over the decade to come with a strategic goal
of creating more high-paying jobs for more people for more inclusive economic prosperity.
This plan details four comprehensive strategic priorities, six strategic initiatives, and dozens of
actions designed to fortify the Central Coast economy by building more economic diversity and
resilience into the economy over the mid and long term:
1. ACCELERATE JOB GROWTH IN TARGET INDUSTRIES
By bolstering industry segments, such as aerospace and defense, agritech, technology
and energy/clean tech
2. CREATE WORLD-CLASS INNOVATION HUBS
By optimizing Diablo Canyon and Vandenberg Air Force Base as economic en gines
3. BREAK DOWN BARRIERS TO JOB CREATION
By addressing housing, transportation, water and related challenges and embracing
innovative financing tools
4. PREPARE RESIDENTS FOR THE JOBS OF TODAY AND TOMORROW
By aligning educational and workforce opportunities
The full plan can be viewed at:
https://reachcentralcoast.org/wp-content/uploads/2020/07/REACH2030_ActionPlan.pdf
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PROPOSAL OVERVIEW
REACH is proposing a partnership with the City of San Luis Obispo to support economic expansion
and job creation on the Central Coast.
Over the next 24 months, REACH proposes partnership with the City of San Luis Obispo on the
following activities:
1.Inventory, map, and make publicly available assets and data tools that support
economic expansion
This data will be hosted on an online platform and will support policymakers and business
leaders in understanding the assets and opportunities specifically for the City of San Luis
Obispo as well as the broader region. Data will be hosted on the REACH website and
accessible to the public and will include:
1)Commercial property inventory and search functionality
2)Demographic data
3)Heat maps
4)Transportation assets
5)Industry mapping
6)Business search
7)Talent pool
8)Interactive maps
9)Local GIS layers
10)Wage data
2.Promote, represent and advocate for the City of San Luis Obispo as a key stakeholder
in the Central Coast Super Region
Within the overarching regional business case brand, REACH will develop city specific
data, hosted on a unique webpage, to promote strengths and assets of the City of San
Luis Obispo as an economic driver within the Central Coast Super Region.
REACH will represent the region with statewide organizations such as GO-Biz, CA Fwd, CA
Stewardship Network, and REAL Coalition in order to increase competitiveness, foster
investment, create statewide recognition and ultimately expand opportunity on the
Central Coast.
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3.Participation in REACH advisory and tactical bodies
REACH Council –
The city manager or designee will have a seat on the REACH Council.
The REACH Council meets bimonthly as the steering committee of the REACH
2030 plan with a charge to guide the implementation of strategic initiatives.
Those lending their expertise and ideas represent the spectrum of leaders from
government, education, nonprofit and private sector industry including
technology, manufacturing, banking, development, transportation, healthcare
and beyond.
Practitioner Network –
One designee and one alternate from the city and/or chamber that hold a role related to
economic development, will serve on the Practitioner Network.
The Practitioner Network is a united group of regional economic development
professionals from government, chambers of commerce and other organizations
who work together on business attraction, retention and expansion efforts. The
network — represented by a designated spot on the REACH board and supported
by a key staff position — doesn’t replace individual community and organizational
retention and place-making efforts but pulls focus and resources together
to amplify opportunities for business attraction and expansion, increase the
region’s competitiveness and tell its story beyond our borders.
SLO Advisory –
One designee from the City Council will be invited to serve on the SLO Advisory.
Meeting bi-monthly the purpose of the SLO Advisory is to act as an advisory body to the
Board of Directors on issues affecting SLO County. The SLO Advisory will be comprised of
individuals from the private sector, education, non-profit as well as government.
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Table 1: Scope of Work
Activity (Name & Description) City REACH REACH Deliverables
REACH 2030 | 10 Year Strategy Implementation
Strategic Priority 1:
Accelerate Job Growth in
Target Industries
Support Lead
(1)Develop a regional Comprehensive Economic
Development Strategy (CEDS), and industry consortia
formation in partnership with the EDA and regional
stakeholders
(2)Develop Covid economic impact analysis to
understand industry, job, and workforces impacts
and trends
Strategic Priority 2:
Create World Class
Innovations Hubs (Influence
the Transformation of Diablo
Canyon)
Support Lead
(1)Coordinate and align regional stakeholders to
execute a plan of action to support safe
decommissioning and future reuse at Parcel P.
(2)Develop feasibility studies and economic impact
analysis of future reuse opportunities at Parcel P
(3)Advocacy at state and federal level to achieve safe
decommissioning and future reuse opportunities
Strategic Priority 3:
Breakdown Barriers to Job
Creation
Support Lead (1)Develop policy recommendations and best practices
to support infrastructure, housing and head of household
jobs.
Strategic Priority 4:
Prepare our residents for the
jobs of the future
Support Lead
(1)Work in coordination with talent development
providers (Cuesta, Cal Poly, SLO Partners, WDB) to
upskill workforce
(2)Coordinate industry roundtables in target industries
to align talent and workforce development
outcomes
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REACH Economic Development Programmatic Activities and Deliverables
Inventory, map, and make
publicly available assets and
data that support economic
expansion
Support Lead
(1)Host a web-based data tool that details city-specific
economic metrics such as demographic data, wage
data, workforce data.
(2)Host a web-based asset map that showcases physical
assets such as airports, broadband, opportunity
zones, etc.
(3)Maintain an inventory of commercial property by
region, county, sub-region, city, and town.
Promote, represent and
advocate for the City of San
Luis Obispo as a key
stakeholder in the Central
Coast Super Region
Support Lead
(1)Develop a relocation business case (why to grow
your business here) for the City of San Luis Obispo
to use to retain and expand identified industries
that can create quality jobs in significant quantities.
(2)Coordinate and support the development of city
specific business attraction proposals to support
the relocation and expansion of business through
custom marketing proposals on an as needed basis.
(3)Promote and represent the City of San Luis Obispo
in regular meetings with statewide organizations
and associations such as GO-Biz, CA Fwd, CA
Stewardship Network, and REAL Coalition.
Enable the expansion,
attraction and retention of
business in the City of San Luis
Obispo
Lead Support
(1)REACH will support the city’s economic
development efforts by providing the forum for
regional coordination, lead generation and
follow up through the Practitioner’s Network
(2)REACH will promote the expansion, attraction,
and startup of new business throughout the
Region creating more economic activity and
opportunity; the City will work to create the
conditions for economic development at the City
level.
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(3)Advance priorities and programs identified for
action by the Practitioner’s Network and REACH
Council that support economic recovery and
resilience.
Participation on REACH
strategy, advisory and tactical
bodies Support Lead
(1)Practitioner Network – meets monthly
-Sub-working groups develop actions related
to policy best practices, site-specific
redevelopment opportunities, and
city/regional marketing and business
prospect development
(2)REACH Council – meets bimonthly
-Providing steering/priority guidance on
REACH 2030 implementation
-Year 1 priorities: Diablo
Decommissioning/Future use Project; target
industry development; renewable energy;
COVID-19 economic recovery
(3)SLO Advisory – meets bimonthly
-Education on projects and policies related
to the economic vitality of SLO county and
the seven cities.
Fees
To be invoiced upon agreement execution for the amount of $50,000, which is for two years at
$25,000 per year for a total of $50,000.
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TEAM
REACH Team Description
Melissa James
President/CEO, REACH
Melissa James is President and CEO of REACH. She has a decade of
experience in public policy and strategic communications, having served in
senior roles in the California State Senate and for a nationally recognized
public affairs, media and polling firm in Sacramento.
Melissa has worked with and for the Central Coast region for the last 10 years
with a recent focus on economic development initiatives in the areas of
housing, infrastructure planning, regional collaboration, job creation and
civility, where she earned a reputation for building highly effective coalitions
and teams. Melissa will provide strategic guidance on SOW execution and lead
partner engagement, as well as oversee SOW execution and progress.
Andrew Hackleman
COO, REACH
Andrew Hackleman is a retired military officer with more than 20 years of
experience leading strategy and analysis efforts. He also has experience
leading teams on DoD Sustainment/Acquisition Programs, in excess of $5.9B.
In addition, he has led dozens of capital, technical and operational projects.
Andrew has an extensive background in strategy, analysis and performance
measurement having authored peer reviewed journal article/conference
proceedings, and he has written long-term strategy documents for developing
180,000-employee logistics workforce as well as leading the development of a
performance measurement system for the Air Force Nuclear Weapons Center.
Andrew will oversee the day-to-day activities detailed in the SOW, as well as
Applicant relations and performance.
Julie Sinton Pruniski
Director of Strategic
Initiatives
Julie brings more than 20 years of project management and consulting
experience for nonprofit and for-profit organizations, the last 12 advising
philanthropic organizations on strategic planning, organizational development
and structural assessments, and implementing multi-year learning
collaboratives. She helped launch a women’s fertility preservation start-up
that received national press, led the development of web and print
publications for Fortune 500 clients and worked in human capital consulting at
Arthur Andersen. She holds a BA from Stanford University and an MBA from
Vanderbilt University.
In addition to the above, it is anticipated that REACH will rely upon and use sub-contractors, additional
staff and other partners in carrying out the terms of this Statement of Work. REACH is solely responsible
for ensuring sub-contractors and others follow the terms of this grant agreement.
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Department Name: Community Development
Cost Center: 4003
For Agenda of: May 18, 2021
Placement: Public Hearing
Estimated Time: 45 Minutes
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
John Rickenbach, Contract Planner
SUBJECT: INTRODUCE AN ORDINANCE TO AMEND THE AIRPORT AREA AND
MARGARITA AREA SPECIFIC PLANS TO ALLOW FOR DAY CARE
FACILITIES CONSISTENT WITH RESTRICTIONS THAT APPLY
CITYWIDE UNDER THE MUNICIPAL CODE
RECOMMENDATION
As recommended by the Planning Commission, introduce an Ordinance (Attachment A) to
amend the Airport Area and Margarita Area Specific Plans to allow for day care facilities
consistent with restrictions that apply citywide under the Municipal Code.
DISCUSSION
Background
In 2018, the City updated its Zoning Regulations to allow day care facilities in all zones.
However, this amendment did not apply to the Margarita Area or Airport Area Specific Plans.
Currently, there are restrictions in the City’s Airport Area Specific Plan (AASP) that limit day
care facilities to 14 children of on-site employees, and such facilities are prohibited in the
Margarita Area Specific Plan Area (MASP).
On October 20, 2020, the City Council authorized Community Development Department staff to
undertake the necessary specific plan amendments to the MASP and AASP to align the zoning in
these areas with the rest of the City. The Council’s direction followed testimony about the great
need for childcare in the community, and the fact that the need for day care has been exacerbated
by the Covid-19 pandemic.
The recommendations in front of the City Council continue to limit the locations of day care
facilities in proximity to the airport to ensure public safety, however, the proposed changes
significantly expand day care opportunities in the southern part of the City.
Previous Advisory Body Action
On April 14, 2021, the Planning Commission passed a Resolution recommending approval of the
proposed action, to be enacted via Ordinance by the City Council.
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The proposed amendments were referred to the Airport Land Use Commission (ALUC) for their
review and consideration on April 21, 2021. The ALUC determined that the proposed
amendments were consistent with the Airport Land Use Plan (ALUP), specifically with regard to
allowed land uses within Safety Area S-2 of the current ALUP and Safety Zone 6 of the Draft
Amended and Restated ALUP.
Policy Context
The following analysis evaluates the proposed action in the context of its consistency with
findings from the Child Care Study, the upcoming 2021-2023 Major City Goals, and existing
Municipal Code and Specific Plan framework, as well as the Airport Land Use Plan.
1. Child Care Study. In fall 2019, the City Council approved contributing funding to support the
county-wide Child Care Study facilitated by First 5 with local support agencies comprised of
the County of San Luis Obispo, San Luis Coastal Unified School District, and Cal Poly
University. A significant finding from the Phase 1 report identified the lack of affordable and
available childcare in order to support the community of San Luis Obispo. That study is
under review by First Five and will be presented to the City Council after other applicable
advisor body review.
2. 2021-2023 Major City Goal. City Council has emphasized the importance of expanding
childcare opportunities as an integral part in supporting the community contained within the
Major City Goals of Economic Recovery, Resiliency, and Sustainability.
3. Existing Municipal Code Regulations. Day Care Centers1 and Family Day Cares2 are subject
to the requirements set forth in Section 17.86.100 of the Municipal Code. Small Family Day
Cares and Large Family Day Cares are considered residential uses and may be established in
all zones where dwellings are allowed. Large Family Day Cares require written approval by
the director as a director’s action. Day Care Centers (per Table 2-1: Uses Allowed by Zone
of the Municipal Code) are considered by-right uses in commercial and office zones, except
in the C-D, C-T and C-S zones, where a Minor Use Permit is required (in the case of the C-D
zone, they are allowed without a Minor Use Permit if they are not on the ground floor). Day
Care Centers are also allowed with a Minor Use Permit in all residential, manufacturing and
business park zones.
1 Day Care Center (SLOMC Section 17.156.010). Establishments providing non-medical care for persons on a less
than 24-hour basis other than “Family Day Care.” This classification includes nursery schools, preschools, and day
care facilities for children or adults, and any other day care facility licensed by the State.
2 Family Day Care (Small and Large) (SLOMC Section 17.156.014). A day-care facility licensed by the State that is
located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and
supervision for children under the age of 18 for periods of fewer than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children who reside at the home and are
under the age of 10. See Health and Safety Code Section 1596.78.
Large. A facility that provides care for nine to 14 children, including children who reside at the home and are under
the age of 10. See Health and Safety Code Section 1596.78.
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4. Existing Specific Plan Regulations. Currently, Day Care Centers are prohibited in the
Margarita Area Specific Plan. The Airport Area Specific Plan allows Day Care Centers on a
very limited basis in the C-S, M and BP land use designations, subject to restrictions set forth
in Table 4-3 of that document. These restrictions within the AASP limit Day Care Centers to
14 children of on-site employees. Family Day Care is not addressed in either the MASP or
AASP.
5. Proposed Changes to the MASP and AASP. The proposed amendments to the MASP and
the AASP are provided in detail as a part of the Draft Ordinance (see Attachment A). The
amendments allow for day care facilities consistent with restrictions that apply citywide
under the Municipal Code. Excerpts of the MASP and AASP showing added or deleted text
are included as Attachments B and C.
6. Airport Land Use Plan. The San Luis Obispo County Airport Land Use Plan (ALUP)
regulates safety and noise-related issues for development within the airport’s area of
influence. The Airport Land Use Commission (ALUC) is currently reviewing a Draft
Amended and Restated ALUP that is anticipated to be adopted in May 2021. As such,
amendments to the MASP and the AASP have been structured to comply with the existing
ALUP and the Draft Amended and Restated ALUP. The proposed amendments to the MASP
and AASP would allow for day care facilities only on sites that are located within Safety
Area S-2 (see Attachment E) of the current ALUP and Safety Zone 6 (see Attachment F) of
the Draft Amended and Restated ALUP. Day care facilities, under the current ALUP, are
identified as a “Special Function” use and per Policy S-4, may be allowed in Aviation Safety
Area S-2. The Draft Amended and Restated ALUP includes revised safety zones and outlines
the various land uses that are compatible with each zone. Per Table 4-5 of the Draft
Amended and Restated ALUP, day care facilities are deemed to be a compatible use within
Safety Zone 6.
As noted above, on April 21, 2021, the ALUC determined that the proposed action is consistent
with the ALUP.
Public Engagement
As noted under “Previous Council or Advisory Body Action”, the City Council authorized
Community Development Department staff to undertake the necessary specific plan
amendments. Additionally, the Planning Commission held a public meeting on April 14, 2021
and passed a Resolution recommending approval of the proposed action, to be enacted via
Ordinance by the City Council.
CONCURRENCE
No additional feedback was required from other City departments on the proposed amendments.
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ENVIRONMENTAL REVIEW
The project is exempt per CEQA Guidelines Section 15061(b)(3), the “general rule” exemption,
because the proposed action will have no possibility of a significant effect on the environment
and will not cause impacts beyond those identified and evaluated within the EIRs of the AASP or
the MASP. In this case, allowing day care facilities in these specific plans is consistent with the
General Plan, are subject to restrictions set forth in the Municipal Code to ensure public health,
safety and welfare, and project specific environmental review will be required.
FISCAL IMPACT
Budgeted: No Budget Year: 19-21
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
On October 20, 2020, the City Council authorized Community Development Department staff to
undertake the necessary specific plan amendments, approving an allocation of $20,000 from
unassigned FY 2018-19 fund balance to fund the necessary work. City Council Resolution No.
11117 (2020 Series) gave the authority to the City Manager to use FY 2018-19 unassigned fund
balance above the required reserve levels which has a current balance of $5.1 million. There will
be no net fiscal impact related to approving the specific plan amendments. No previously
unanticipated fiscal impacts would occur as a result of this action.
ALTERNATIVES
1. Continue policy amendments. An action to continue the item should include a detailed list of
additional information or analysis required.
2. Deny proposed policy amendments.
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Attachments:
a - Draft Ordinance
b - Proposed Changes to MASP
c - Proposed Changes to AASP
d - COUNCIL READING FILE - Planning Commission Resolution No. 1039-21
e - ALUP MAP Safety Area S-2
f - ALUP Update Map Safety Zone 6
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ORDINANCE NO. ______ (2021 SERIES)
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE AIRPORT
AREA AND MARGARITA AREA SPECIFIC PLANS TO ALLOW FOR
DAY CARE FACILITIES CONSISTENT WITH RESTRICTIONS THAT
APPLY CITYWIDE UNDER THE MUNICIPAL CODE (SPEC-0209-2021)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing, on April 14, 2021, and recommended the City Council adopt text
amendments (Exhibits A and B, attached) to the Margarita Area Specific Plan (MASP) and the
Airport Area Specific Plan (AASP) to allow day care facilities (SPEC-0209-2021); and
WHEREAS, the MASP was originally adopted by City Council Resolution 9615 on
October 12, 2004; and
WHEREAS, the AASP was originally adopted by City Council Resolution 9726 on
August 23, 2005, with portions of the AASP adopted by Ordinance 1481, including Table 4.3, and
later and amended since by both resolution and ordinance in 2014, 2017, 2019, and 2020; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a web based
public hearing, on May 18, 2021, for the purpose of amending the MASP and AASP to allow
day care facilities consistent with regulations that apply citywide under the Municipal Code; and
WHEREAS, the City Council finds that the proposed amendments are consistent with the
General Plan as amended, Zoning Regulations, and other applicable City ordinances; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties , and the evaluation and recommendations by staff,
presented at said hearing; and
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby finds that the
project is exempt per CEQA Guidelines Section 15061(b)(3), the “general rule” exemption,
because the proposed action will have no possibility of a significant effect on the environment and
will not cause impacts beyond those identified and evaluated within the EIRs of the AASP or the
MASP, because allowing day care facilities in these specific plans is consistent with the General
Plan, and are subject to restrictions set forth in the Municipal Code to ensure public health, safety
and welfare, and because project specific environmental review will be required.
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Ordinance No. ______ (2021 Series) Page 2
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SECTION 2. Findings. Based upon all evidence, the City Council makes the following
findings:
a) The proposed amendments to both the Margarita Area Specific Plan (MASP) and
Airport Area Specific Plan (AASP) are consistent with the General Plan because they
implement Land Use Element (LUE) Community Goals to create a balanced
community and provide opportunities for childcare within the city consistent with LUE
Policy 3.8.2.
b) The specific plan amendments are intended to ensure consistency with zoning
requirements with respect to childcare facilities as applied elsewhere in the City, as set
forth in the Municipal Code.
c) Day care facilities that may be proposed as a result of the specific plan amendments
would be subject to the same health and safety regulations as set forth in both applicable
state law and within the Municipal Code Section 17.86.100.
d) The specific plan amendments do not change the underlying policy framework or
overall land use or circulation pattern envisioned in either Specific Plan.
e) The specific plan amendments will not be detrimental to the health, safety, and welfare
of persons living or working within the MASP or the AASP or in the vicinity because
the proposed day care uses will be compatible with the other uses allowed within the
MASP and the AASP and will not cause impacts beyond those identified in the Final
EIR for either the Specific Plans.
f) The specific plan amendments to the MASP and the AASP have been structured to
comply with the existing San Luis Obispo County Airport Land Use Plan (ALUP) and
the Draft Amended and Restated ALUP and would allow for day care facilities only on
sites that are located within Safety Area S-2 of the current ALUP and Safety Zone 6 of
the Draft Amended and Restated ALUP.
SECTION 3. Action. The City Council of San Luis Obispo hereby 1) amends Sections
2.1, 2.2, 2.3, 2.4, 2.5, 2.6.1 and 4.1 of the MASP as reflected in “Exhibit A,” removing language
prohibiting day care facilities within the specific plan and adding language allowing day care
facilities subject to the regulations set forth in the Municipal Code, and 2) amends Table 4.3 of the
AASP as reflected in “Exhibit B,” removing language limiting the size of day care facilities and
the requirements for a day care facility to connected to an employer and adding language allowing
day care facilities subject to the regulations set forth in the Municipal Code.
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
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Ordinance No. ______ (2021 Series) Page 3
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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 ____ day of ____________ 2021, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on ____ 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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EXHIBIT A
Margarita Area Specific Plan Amendment
The following sections of the existing Margarita Area Specific Plan are hereby amended to read
as follows:
Pages 13-14. Section 2.1. Low-Density Residential (R-1-SP). Section 2.1.1.
Uses. Low Density Residential areas are primarily for detached, single-family
houses. To maintain residential capacity and airport compatibility, uses such as
churches, schools, and secondary dwellings are not allowed. However, day care
centers are allowed subject to existing regulations set forth in Section 17.86.100
and Table 2-1 of Section 17.10.020 of the Municipal Code.
Page 16. Section 2.2. Medium-Density Residential (R-2-SP). Section 2.2.1.
Uses. Medium-Density Residential areas are for individual detached houses on
relatively small lots or groups of detached dwellings on larger parcels, and for
attached dwellings where each is clearly identifiable by its form and relationship to
yards and gardens. Figure 5 shows where dwellings must be detached. To maintain
residential capacity and airport compatibility, uses such as churches, schools, and
secondary dwellings are not allowed. However, day care centers are allowed subject
to existing regulations set forth in Section 17.86.100 and Table 2-1 of Section
17.10.020 of the Municipal Code.
Page 20. Section 2.3. Medium-High Density Residential (R-3-SP). Section
2.3.1. Uses. Medium-high Density Residential areas are for attached dwellings,
where each dwelling is identifiable by its form, or for detached dwellings on small
lots created through a condominium or planned-development process. To maintain
residential capacity and airport compatibility, uses such as churches and schools
are not allowed. However, day care centers are allowed subject to existing
regulations set forth in Section 17.86.100 and Table 2-1 of Section 17.10.020 of the
Municipal Code.
Page 22. Section 2.4. High-Density Residential (R-4-SP). Section 2.4.1. Uses.
A mix of housing densities, ownership patterns, cost and building types is desirable
in the Margarita Area Specific Plan. High-Density Residential areas are intended
for attached dwellings in close proximity to the core area. To maintain residential
capacity and airport compatibility uses such as churches and schools are not
allowed. However, day care centers are allowed subject to existing regulations set
forth in Section 17.86.100 and Table 2-1 of Section 17.10.020 of the Municipal
Code.
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Page 23. Section 2.5. Neighborhood Commercial. Section 2.5.1. Uses. The
Neighborhood Commercial area is for small-scale businesses that provide
convenient goods and services for nearby residents and workers, as well as a
semipublic, central meeting place and architectural focus for the neighborhood. It
is recognized that commercial centers to the southeast and southwest of the
Margarita Area provide a wider range of goods and services than can be
accommodated in the designated Neighborhood Commercial area. Commercial
uses here that provide architectural interest and opportunities for residents’
socializing have value beyond shortening frequent shopping trips. The retail uses
of a TOD are often dependent on the market area developed in the residential and
office components of the project.
While this core commercial center must often follow the residential development,
the land for public facilities and parks can be set aside and developed concurrently
to aid in the marketing and to supply amenities and services to new residents.
According to planning sources, it takes approximately 600 units to support a
commercial center. For these reasons, the ground floor of the Neighborhood
Commercial area will be reserved for commercial use for a period of 10 years from
the date that 300 units are constructed and occupied. Dwellings are encouraged
above the ground floor (Figure 5 shows parts of the Neighborhood Commercial
area where allowable densities may occur).
Uses shall be as provided in the Zoning Regulations for the C-N zone, except that
the following are prohibited:
• Any commercial establishment occupying more than 465 square-meters
(5,000 square-feet) gross floor area;
• Schools or public-assembly facilities; and
• Service stations, car washes, or auto repair
Pages 26-27. 2.6.1 Uses. The Business Park designation will provide employment
opportunities in close proximity to the core area. The business park designation is intended
for well-designed, master-planned, campus- type developments that will contribute to
community character and the City’s objective of attracting jobs that can support households
in San Luis Obispo.
The Business Park zone is divided into sections, based on compatibility with the Airport
and adjacent or nearby residential areas.
A. Business Park/Office. Areas designated Business Park/Office allow for a mix of
uses near the core area and along the primary transit corridor. This specific plan
envisions small offices and mixed-use (residential and office) developments in this
area. Uses shall be as provided in the Office zone, except that those uses listed in
part D below are prohibited.
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B. General Business Park. Areas designated General Business Park or one-story,
masonry construction is intended for research and development, light
manufacturing and business services that are compatible with each other and airport
operation. This specific plan envisions this area developed with a campus-like
setting consisting of multiple buildings and outdoor employee areas. Uses shall be
as follows:
Allowed
• Advertising and related services
• ATMs
• Broadcast studios
• Business Support Services
• Computer services
• Copying and Quick Printer Service
• Laboratories (medical, analytical research)
• Light Manufacturing - food, beverages, apparel; electronic, optical,
instrumentation products; jewelry; musical instruments; sporting goods; art
materials
• Offices for engineers, architects, and industrial design
• Offices for processing, production and administrative
• Photo finishing - wholesale; and blue-printing and microfilming service
• Printing and publishing
• Research & development - services, software, consumer products,
instruments, office equipment and similar items
Allowed subject to approval by administrative use permit
• Airport
• Antennas and telecommunications facilities
• Banks and financial services
• Convenience stores
• Day-Care Centers
• Equipment rental
• Fitness/Health facility
• Indoor commercial recreational facility
• Medical Service – Clinic, laboratory, urgent care *
• Medical Service – Doctor office *
• Office supporting retail, less than 5,000 sf
• Office- Business and Service
• Office-Professional
• Outdoor storage or work areas (screened from off-site views)
• Personal services
• Repair services – limited to office or laboratory equipment and to small-
scale, specialty services for power equipment or vehicles
• Research & development – transportation equipment, metals, chemicals,
building materials and similar items
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• Truck or freight terminal
• Warehousing or new self-storage; distribution (truck terminal allowed south
of Prado only)
* With findings as required in Zoning Regulations
Allowed subject to approval by Planning Commission use permit
• Government Offices
• Heavy manufacturing
• Hotels and motels
• Maintenance service, client site services
• Office – processing
• Public safety facilities
• Warehousing, indoor storage
• Water and wastewater treatment plants and services
• Wholesaling and distribution
C. In the areas characterized as “outdoor uses only,” the following are allowed:
• Landscaped space;
• Recreational space for employees only
• Parking incidental to allowed uses;
• Outdoor storage or work areas, excluding explosive or highly flammable
materials
D. The following are prohibited:
• Circuses, carnivals, fairs, festivals
• Convalescent hospitals
• Dwellings, except as provided in Business Park/Office
• Homeless shelters
• Hospitals
• Schools or public-assembly facilities such as churches (conference rooms
incidental to offices are allowed);
Page 41. Section 4.1. Airport Compatibility. Types and Intensities of Land
Use. The types and intensities of land uses described in Part 2 of this plan are
intended to be consistent with the County Airport Land Use Plan. Several types of
uses such as schools, and churches that are typically allowed in residential and
commercial zones in other parts of the city are not allowed in the Margarita Area.
The residential densities and their locations are meant to concentrate residential
development in locations where it will have the least problems with Airport
compatibility.
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EXHIBIT B
Airport Area Specific Plan Amendment
Table 4.3, entitled Allowed Uses, of the existing Airport Area Specific Plan is hereby amended
to read as follows:
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Table 4.3 – Allowed Uses
NOTE: PLEASE REFER TO THE APPROVED AVILA RANCH DEVELOPMENT PLAN FOR ALLOWED USES IN THAT AREA (CITY COUNCIL
RESOLUTION 10832) [also see Note 5]
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Furniture and fixtures manufacturing, cabinet shop D A
Industrial research and development D D D
Laboratory - Medical, analytical, research, testing A A A
Laundry, dry cleaning plant A A A1
Manufacturing - Heavy D PC
Manufacturing - Light D A A
Petroleum product storage and distribution D
Photo and film processing lab A A D
Printing and publishing A A A
Recycling facilities - Collection and processing facility D
Recycling facilities - Scrap and dismantling yard D
Recycling facilities - Small collection facility D A
Storage yard D A
Warehousing, indoor storage A A D1
Wholesaling and distribution A A PC
LODGING
Homeless shelter (see note 8) PC PC PC
Hotel, motel (see note 8) PC
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Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Bar/tavern D D D1
Club, lodge, private meeting hall D
Commercial recreation facility - Indoor PC PC D
Commercial recreation facility – Outdoor PC PC
Fitness/health facility A A A1
Night club D PC
Park, playground D
Public assembly facility PC PC
Religious facility8 D D2
School – Specialized education/training8 A A D
Sports and active recreation facility PC PC PC
Sports and entertainment assembly facility PC PC
RESIDENTIAL USES
Caretaker quarters A A A D
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Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
RETAIL SALES
Auto and vehicle sales and rental A PC
Auto parts sales, with installation A A
Auto parts sales, without installation A A
Building and landscape materials sales, indoor A A
Building and landscape materials sales, outdoor A A
Convenience store D D A1
Farm supply and feed store A D
Fuel dealer (propane, etc) D A
Furniture, furnishings, and appliance stores A
General retail – 2,000 sf or less A1
Office-supporting retail, 2,000 sf or less A1
Office-supporting retail, More than 2,000 up to 5,000 sf D1
Produce stand
Restaurant D D A
Service station (see also “vehicle services”) D D A1
Warehouse stores – 45,000 sf or less gfa A
Warehouse stores – more than 45,000 sf gfa D
PC
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Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
SERVICES – BUSINESS, FINANCIAL & PROFESSIONAL
Banks and financial services8 D A A1
Business support services A D4
Medical Service – Doctor Office8 D4 D4
Medical Service – Clinic, Lab, Urgent Care8 D4 A
Office – Business and service8 D
Office – Government8 A A
Office – Processing8 A D A
Office – Production and administrative8 A D A
Office – Airport Related Services8 A A A A
Office – Professional8 A
Photographer, photographic studio A
Land Use
Zoning District
PF C-S M BP
SERVICES - GENERAL
Catering service A A
Copying and Quick Printer Service A A D1
Day care - Adult, Child Day Care Center8 D D D
Equipment rental A A
Food bank/packaged food distribution center D D
Maintenance service, client site services A A PC
Mortuary, funeral home8 D D
Personal services A D1
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Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
SERVICES – GENERAL
Personal services - Restricted D
Public safety facilities A
Public utility facilities A A A
Repair service - Equipment, large appliances, etc. A A
Social service organization8 D
Vehicle services - Repair and maintenance - Major A A
Vehicle services - Repair and maintenance - Minor A A
Vehicle services - Carwash D D
Veterinary clinic-hospital, boarding, large animal D D
Veterinary clinic-hospital, boarding, small animal, indoor A
Veterinary clinic-hospital, boarding, small animal, outdoor D
Land Use
Zoning District
PF C-S M BP
TRANSPORTATION & COMMUNICATIONS
Airport Facilities/Expansion PC PC PC PC
Ambulance, taxi, and/or limosine dispatch facility A D D
Antennas and telecommunications facilities PC D D D
Broadcast studio8 A6 A6 A6
Parking facility PC D D
Refuse Hauling, Septic Tank, Portable Toilet Sewers PC D
Truck or freight terminal A A6 D
Water and wastewater treatment plants and services PC PC PC PC
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Ordinance No. ______ (2021 Series) Page 14
O ______
Numbered Notes to Table 4.3
1. These activities are considered secondary uses for business parks. Within a development
project site, their combined floor area shall not exceed 25 percent of the total floor area.
Some are also subject to limits on individual floor area, as shown in the body of the table.
Floor area limitations shall not apply to bank headquarters.
2. Use permit review shall consider that the C-S zone is primarily intended to accommodate
uses not generally suited to other commercial zones because of noise, truck traffic, visual
impacts and similar factors. A use permit may be approved only when the church will not
likely cause unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use permit conditions may include measure to mitigate
incompatibility.
3. In the C-S zone, nightclubs must contain a minimum of four thousand five hundred square
feet of floor area. The required use permit process shall address parking, neighborhood
compatibility, and security issues.
4. In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer must
make the following findings:
a. The proposed medical service is compatible with surrounding land uses.
b. The proposed medical service is located along a street designated as an arterial or
commercial collector in the Circulation Element and has convenient access to
public transportation.
c. The proposed medical service will not significantly increase traffic or create
parking impacts in residential neighborhoods.
d. The proposed medical service is consistent with the Airport Land Use Plan
(ALUP).
e. The project will not preclude service commercial uses in areas especially suited for
these uses when compared with medical service.
f. The project site can accommodate the parking requirements of the proposed
medical service and will not result in other lease spaces being underutilized because
of lack of available parking.
5. Day care centers are allowed in residential zones within the Avila Ranch portion of the
Specific Plan subject to a Minor Use Permit.
6. Broadcast studios are allowed by right except than an administrative use permit is required
to permit any on-site antennas, dishes or transmission towers; or any radio, microwave, or
other type of airbound transmission form the project site or any other site within the Airport
Area.
7. Caretaker quarters shall have a maximum floor area of 1,000 square feet and shall not be
allowed din available safety areas S-1a or the runway protection zone, as defined by the
ALUP.
8. These uses are identified in the San Luis Obispo County Regional Airport Land Use Plan
as noise sensitive, specific sound-attenuation requirements may apply. Refer to the ALUP
for more information.
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Proposed Changes to the Margarita Area Specific Plan
The following sections of the existing Margarita Area Specific Plan would be modified to allow
for day care centers in the specific plan area. General direction is shown in italicized brackets;
specific proposed changes in text are shown in strikeout or underline:
Pages 13-14. Section 2.1. Low-Density Residential (R-1-SP). Section 2.1.1. Uses. Low Density
Residential areas are primarily for detached, single-family houses only. To maintain residential
capacity and airport compatibility, uses such as churches, schools, and secondary dwellings are not
allowed. However, day care centers are allowed subject to existing regulations set forth in Section
17.86.100 and Table 2-1 of Section 17.10.020 of the Municipal Code.
Page 16. Section 2.2. Medium-Density Residential (R-2-SP). Section 2.2.1. Uses.
Medium-Density Residential areas are for individual detached houses on relatively small lots or
groups of detached dwellings on larger parcels, and for attached dwellings where each is clearly
identifiable by its form and relationship to yards and gardens. Figure 5 shows where dwellings must
be detached. To maintain residential capacity and airport compatibility, uses such as churches,
schools, and secondary dwellings are not allowed. However, day care centers are allowed subject to
existing regulations set forth in Section 17.86.100 and Table 2-1 of Section 17.10.020 of the
Municipal Code.
Page 20. Section 2.3. Medium-High Density Residential (R-3-SP). Section 2.3.1. Uses.
Medium-high Density Residential areas are for attached dwellings, where each dwelling is
identifiable by its form, or for detached dwellings on small lots created through a condominium or
planned-development process. To maintain residential capacity and airport compatibility, uses such as
churches and schools are not allowed. However, day care centers are allowed subject to existing
regulations set forth in Section 17.86.100 and Table 2-1 of Section 17.10.020 of the Municipal Code.
Page 22. Section 2.4. High-Density Residential (R-4-SP). Section 2.4.1. Uses. A mix of housing
densities, ownership patterns, cost and building types is desirable in the Margarita Area Specific Plan.
High-Density Residential areas are intended for attached dwellings in close proximity to the core
area. To maintain residential capacity and airport compatibility uses such as churches and schools are
not allowed. However, day care centers are allowed subject to existing regulations set forth in
Section 17.86.100 and Table 2-1 of Section 17.10.020 of the Municipal Code.
Page 23. Section 2.5. Neighborhood Commercial. Section 2.5.1. Uses. [Third paragraph in this
section to be modified as follows.]
Uses shall be as provided in the Zoning Regulations for the C-N zone, except that the following are
prohibited:
• Any commercial establishment occupying more than 465 square-meters (5,000 square-feet)
gross floor area;
• Schools, day-care centers, or public-assembly facilities; and
• Service stations, car washes, or auto repair
Page 26. Section 2.6. Business Park. Section 2.6.1.B. Allowed Uses Subject to Approval by
Administrative Use Permit. [Add day-care centers to the list of allowed uses subject to an
Administrative Use Permit.]
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Page 27. Section 2.6. Business Park. Section 2.6.1.D. Prohibited Uses.
The following are prohibited:
• Circuses, carnivals, fairs, festivals
• Convalescent hospitals
• Dwellings, except as provided in Business Park/Office
• Homeless shelters
• Hospitals
• Schools, day-care centers, or public-assembly facilities
Page 41. Section 4.1. Airport Compatibility. Types and Intensities of Land Use. The types and
intensities of land uses described in Part 2 of this plan are intended to be consistent with the County
Airport Land Use Plan. Several types of uses such as schools, and churches, and day-care centers that
are typically allowed in residential and commercial zones in other parts of the city are not allowed in
the Margarita Area. (However, because State law prevents the City from regulating state- licensed
“family day care homes” and “residential care facilities” differently from single-family dwellings,
there is a possibility that they may occur in the area.) The residential densities and their locations are
meant to concentrate residential development in locations where it will have the least problems with
Airport compatibility.
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Proposed Changes to the Airport Area Specific Plan
The following sections of the existing Airport Area Specific Plan would be modified to allow for
day care centers in the specific plan area. General direction is shown in italicized brackets; specific
proposed changes in text are shown in strikeout or underline:
Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES - GENERAL. [Remove the reference
to Note 1 attached to “Day care—Adult, Child Day Care Center” in the BP designation that restricts
their development as a secondary use to business parks.]
Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES - GENERAL. [Remove the reference
to Note 5 in the line item attached to “Day care—Adult, Child Day Care Center” in the CS and M
designations, and eliminate Note 5 itself at the end of the table that refers to airport compatibility
restrictions on day care centers. Specifically, eliminate the following text:] 5. Allowed by right only
in the S-1c and S-2 aviation safety areas (as defined in the ALUP), where an employer provides on-site
childcare to 14 or fewer children for the exclusive benefit of employees. Larger facilities for employees.
Pages 4-22 and 4-27. Table 4-3. Allowed Uses. [Add new Note 5 to replace the previous Note 5 with
the following text:] 5. Day care centers are allowed in residential zones within the Avila Ranch portion
of the Specific Plan subject to a Minor Use Permit. [A reference to Note 5 should be added to the
following statement at the outset of Table 4-3:] NOTE: PLEASE REFER TO THE APPROVED
AVILA RANCH DEVELOPMENT PLAN FOR ALLOWED USES IN THAT AREA (CITY
COUNCIL RESOLUTION 10832)
Item 17
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AIRPORT LAND USE COMMISSIONOF SAN LUIS OBISPO COUNTYAIRPORT LAND USE PLANSAN LUIS OBISPO COUNTY REGIONAL AIRPORTPage 24-ALaguna LakeLaguna Lake ParkSan LuisMtn.Righetti HillIslay HillSouth HillsAirport Safety AreasRunway protection zonesSafety Area S-1b – Areas within gliding distance of prescribed flightpaths for aircraft operations at less than 500 feet above ground level,plus sideline safety areas, and inner turning zones and outer safetyzones for each runwaySafety Area S-1c – Areas not included in Safety Areas S-1a or S-1b, butadjacent (within 0.5 nm) to aircraft operations at less than 500 feet aboveground levelSafety Area S-2 – Areas with aircraft operations at 501 to 1000 feet above ground levelSafety Area S-1a – Areas with frequent or low-visibility aircraft operations at less than 500 feetabove ground level which are located within250 feet of extended runway centerlines andwithin 3000 feet of a runway end.AIRPORT LAND USE PLANSAN LUIS OBISPO COUNTY REGIONAL AIRPORTFigure 3AVIATION SAFETY AREASDistance Scale (feet)01000 3000 5000Item 17Packet Page 167
&KDSWHU²6FRSHRIWKH$LUSRUW/DQG8VH3ODQ6DQ/XLV2ELVSR&RXQW\5HJLRQDO$LUSRUW²$LUSRUW/DQG8VH3ODQ)LJXUH 6DQ/XLV2ELVSR&RXQW\$LUSRUW6DIHW\=RQHV6RXUFH 56 +Item 17Packet Page 168
Department Name: City Attorney
Cost Centers: 1501
For Agenda of: May 18, 2021
Placement: Business Item
Estimated Time: 30 minutes
FROM: Christine Dietrick, City Attorney
Prepared By: Sheryl Fox, Legal Assistant
Kelly White, TAO Legal Analyst
SUBJECT: 2021 LEGISLATIVE PLATFORM
RECOMMENDATION
1. Adopt a Resolution (Attachment A) establishing a Legislative Action Platform for 2021; and
2. Confirm direction to staff on the scope and application of the legislative platform related to
advocacy for non-legislative items or particular projects, with additional authority for staff to
weigh in on regional initiatives in which Council has authorized City participation consistent
with Major City Goals; and
3. Appoint the Mayor, City Attorney, and City Manager to act as the primary legislative liaisons
between the League of California Cities and the City of San Luis Obispo, with authority to
delegate to other Councilmembers or staff consistent with liaison assignments and as
appropriate to the issue.
DISCUSSION
Legislative Action Program
Attached for the Council’s consideration is a resolution establishing the City’s 2021 Legislative
Action Platform. Similar resolutions have been adopted by the Council since 1993. The City
Attorney's Office coordinates the Legislative Action Program with assistance from the
Administration Department and from various City departments, as appropriate. This resolution
authorizes staff to respond to legislative issues affecting the City (via letters signed by the Mayor or
relevant Department Head), provided that the positions taken in the letters are consistent with the
priorities identified in Exhibit A to the resolution (Attachment A) and League of California Cities
advocacy efforts.
By establishing a broad legislative platform and delegating responsibility to the Mayor and staff to
respond to proposed legislation and recommendations from the League of California Cities, the City
is better able to react quickly to changed circumstances and urgent requests than it would be if each
item were brought to the Council at its regular meetings. The process is considered a best practice,
has been efficient given the limited City resources available, and the City continues to be very
active in communicating its positions on Federal and State legislation. In 2020, the City sent 14
letters pertaining to pending legislation utilizing the Legislative Action Platform and signed on to
other organizations’ initiatives as appropriate and consistent with the Platform.
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Legislative Liaison Appointments
The League of California Cities encourages cities to appoint a council member and a staff person to
act as legislative liaisons between the League and the City. Staff recommends that Mayor Heidi
Harmon act as the Council legislative liaison and the City Attorney and the City Manager serve as
the staff liaisons, with the authority to delegate those roles, consistent with Council liaison
assignments and staff subject matter expertise.
Previous Council or Advisory Body Action
Similar resolutions have been adopted by the Council since 1993 following the advice and example
of other cities.
Policy Context
The legislative platform is a tool to promote the efficient use of staff and Council time.
Efficiency is always an important goal and is also an underlying component of the Fiscal Health
Response Plan and the efficient advancement of Major City Goals. While not a new way of
doing business, it is an existing practice, the purpose is to reduce time spent drafting, reviewing,
and acting on Council agenda items, freeing time to work on other matters and ensuring the most
timely and effective advocacy on emerging issues consistent with established City policy and
operational objectives.
Public Engagement
Proactive public outreach is not historically part of the legislative platform adoption process.
Occasionally, during the year, members of the public will contact the City to ask if it will support
or oppose a piece of legislation, but recommendations to update the issues included in the
platform itself come from staff, informed by ongoing Council and public requests.
CONCURRENCE
In preparing this year’s draft platform, input was solicited from all City Departments. Staff were
asked to take a critical look at the items within their scope of operations and expertise and evaluate
whether there was an opportunity to refine or focus the platform. With that look, several additions
and clarifications were recommended. All changes, including language clean-ups and issue
consolidations, are shown in the legislative draft of the 2021 Platform. (Attachment B). In addition
to Council’s substantive direction on the platform, staff also is seeking direction as to the
application of the platform to City positions on particular projects or applications that Council
Members believe raise issues related to the platform and as determined to be consistent with Major
City Goal work programs. Historically, and as affirmed by the City Councils of recent years, the
platform has been utilized primarily to advocate for or against a particular piece of legislation and
not for or against a particular project or permitting application (adjudicative acts before other
jurisdictions’ legislative bodies). Staff continues to recommend that the scope be limited to
legislative action, and requests that staff be authorized to weigh in on regional initiatives tied to
advancing Major City Goals in which Council has authorized City participation, but again requests
explicit direction from the Council majority on that issue to ensure clarity in expectations moving
forward.
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Many City Departments provided input on the 2021 Legislative Platform and concur with the
recommendations 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: Not Applicable Budget Year: Not Applicable
Funding Identified: No
Funding Sources Current FY Cost Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
Because no additional staff work is anticipated as a result of this ongoing program, no new fiscal
impact will be incurred. All related work is included in the requested appropriation for the 2021-23
Financial Plan.
ALTERNATIVE
The Council may wish to include other issues, not included in the current draft. However, it is
important to note that the Legislative Action Platform allows the City to take action on any bills and
other measures formally supported by the League of California Cities. It is staff’s recommendation
that desired additions to the Platform are generally crafted and flexible to allow for quick responses
to legislation important to cities.
Attachments:
a - Draft Resolution
b - Draft 2021 Legislative Platform (redlined)
c - COUNCIL READING FILE - Draft 2021 Legislative Platform (redline removed)
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R ______
RESOLUTION NO. ______ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING THE CITY’S LEGISLATIVE
ACTION PLATFORM FOR 2021 AND APPOINTING THE COUNCIL
MEMBER AND STAFF PERSONS TO ACT AS LIAISON BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA CITIES
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action
platform which strengthens local government, promotes City goals and defends the City against
legislative actions by State and Federal governments that would weaken local government and/or take
away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively
communicate with State Legislators and Federal representatives in order to favorably influence State
and Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision-
making processes directly affecting the City legislative priorities identified in Exhibit “A,” and other
selected issues as may from time to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City’s Legislative Action Platform is face-to-face
meetings between City representatives and elected officials at the Federal, State, and County levels,
and coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
SECTION 1. Establish the Legislative Action Platform for 2021 as set forth in the attached
Exhibit “A” and authorize the Mayor and designated staff to take positions on legislation generally
consistent with the Legislative Action Platform and such other resolutions and recommendations of
the League of California Cities as may be from time to time presented to the City; and
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Resolution No. ______ (2021 Series) Page 2
R ________
SECTION 2. Appoint Mayor Heidi Harmon to act as Council Member legislative liaison
and City Manager Derek Johnson and City Attorney Christine Dietrick to act as staff legislative
liaisons with the League of California Cities.
Upon motion of ____________________, seconded by ________________, and on the
following 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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EXHIBIT A
CITY OF SAN LUIS OBISPO
LEGISLATIVE ACTION PLATFORM
Adopted by City Council Reso. No XX, 2021
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LEGISLATIVE ACTION PLATFORM
Page 2
Deleted: FOR 2021
The following document reflects those legislative matters on which the Council
majority authorizes the Mayor, City Manager and City Attorney to engage in
legislative advocacy on behalf of the City without the need for further Council
review or authority. The Council’s authorization extends only to advocacy for or
against generally applicable legislative proposals being considered by local,
regional, state and/or federal policy makers or regulators, as well as regional
initiatives consistent with Major City Goals, and adopted City policy platforms, and
does not otherwise extend to advocacy on any individual project or entitlement
application pending before any decision-making body, unless specifically noted
herein.
Contents
Climate Action ............................................................................................................................................... 3
Homelessness Resources Advocacy .............................................................................................................. 4
Community Development ............................................................................................................................. 5
Economic Development ................................................................................................................................ 7
Finance .......................................................................................................................................................... 8
Human Resources/Employee Relations ........................................................................................................ 8
Public Safety .................................................................................................................................................. 9
Public Works ............................................................................................................................................... 11
Parks and Recreation and Natural Resources ............................................................................................. 11
Transportation ............................................................................................................................................ 13
Utilities ........................................................................................................................................................ 14
County/Regional Priorities ........................................................................................................................ 16
Central Coast Community Energy Policy Board and Operations Board Positions ............................... 17
Deleted: CITY OF SAN LUIS OBISPO¶
LEGISLATIVE ACTION PLATFORM FOR 2021
Deleted:
Deleted: 4
Deleted: 5
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LEGISLATIVE ACTION PLATFORM
Page 3
Deleted: FOR 2021
Climate Action
1. Supporting funding for communities to pay for public infrastructure that meets state greenhouse gas
emission reduction goals and adopted City objectives.
2. Supporting funding to implement programs and related action items contained in local and regional
Climate Action Plans to quantitatively reduce greenhouse gas emissions and advocating for regulatory
reform, including but not limited to clean technologies, micro-grids, all electric buildings, electrified
transportation.
3. Supporting local communities’ broad authority to form and administer Community Choice Energy
(CCE) programs, reforming the CPUC, and limiting decisions that negatively impact CCEs or otherwise
shift the financial impacts of investor-owned utilities to CCEs.
4. Supporting Cal CCA’s Regulatory and Legislative Platform.
5. Supporting regulatory reform for the transition to clean technologies, microgrids, low and zero carbon
energy generation, and decarbonized buildings.
6. Supporting reform of CPUC policies to ensure investor-owned utilities are able and required to provide
timely, accurate, and sufficiently detailed energy data.
7. Supporting funding and resources to focus climate investments on programs and projects that support
environmental justice, economic and racial equity, and head of household jobs.
8. Supporting reform of CPUC policies and state legislation that supports equitable access to distributed
energy resources.
9. Supporting extended producer responsibility for packaging and single-use product manufacturing as
to encourage source reduction and the manufacturing of reusable and sustainable products.
10. Supporting measures that make waste diversion and reduction more equitable for our residents and
businesses.
11. Supporting legislation that makes edible food recovery and distribution more easily accessible to
residents and businesses in need.
Deleted: ¶
Deleted: (e.g., through Cap and Trade or other sources)
Deleted: mandated
Deleted: investor owned
Deleted: investor owned
Deleted:
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LEGISLATIVE ACTION PLATFORM
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Deleted: FOR 2021
Homelessness Resources Advocacy
1. Supporting funding for project-based permanent affordable housing, Temporary Rapid Rehousing,
Tiny Homes, Temporary Emergency Shelter Units and Private Market Landlords. Strong
connections to landlords are even more important in high-cost, low-vacancy markets, where
affordable housing options are limited and even those with a voucher may find themselves unable to
locate a unit.
2. Supporting additional funding that encourages unique multi-departmental and inter-governmental
collaboration to assist individuals experiencing homelessness, such as the City’s Community Action
Team (CAT) and Mobile Crisis Unit (MCU).
3. Supporting employment services and job training for individuals who are homeless or at-risk of
becoming homeless.
4. Supporting funding for federal, state, county and local, non-profit and faith community’s coordination
in preventing and ending homelessness.
5. Supporting funding for the removal and storage of homeless individual’s belongings and the cleaning
of sites used by homeless groups.
6. Supporting funding and county programs that promote access to expanded medical, mental, and
behavioral health services, including substance use disorder treatment services, and new approaches
to financing health care access and patient wellness to reduce avoidable emergency room visits,
hospital stays and readmissions.
7. Supporting education and employment opportunities and advancement of upward economic mobility
and access to programs such as childcare, school’s family support networks.
8. Supporting increased guardianship control and health supervision of those suffering from mental
illness and recognition of mental illness and addiction as contributors to chronic homelessness.
9. Supporting streamlined protocols and metrics to be used by homeless service providers, local
agencies, and other non-governmental partners to capture and share accurate statistics of individuals
experiencing homelessness, including vacancy rates, in-flow and out-flow information, cost-reporting
of services provided and rendered, and individuals successfully housed.
10. Opposing legislation that seeks to circumvent local control and consideration of local circumstances
when addressing homelessness.
11. Supporting legislation that supports a unified crisis response system and enhances the ability of the
Deleted: ¶
¶
Deleted: ¶
¶
¶
Deleted: ¶
Deleted: ¶
Deleted: Crisi
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LEGISLATIVE ACTION PLATFORM
Page 5
Deleted: FOR 2021
County Behavioral Health Director to compel assisted outpatient treatment for a person exiting a
conservatorship.
12. Supporting legislation that would allow the courts to consider a person’s medical condition or expand
the definition of “gravely disabled” and consider the impact on a court’s decision to certify them as a
danger to themselves or others.
13. Supporting legislation for Mental Health Services Act (MHSA) to allow for flexibility in funds
earmarked for “Innovation” programs that are aimed at finding new and different ways to provide
services.
14. Supporting legislation and other policy considerations to expand funding for the delivery of case
management, drug, alcohol, and detoxification services, and mental health services for all County
residents, and the establishment of shelter facilities for the unhoused.
15. Advocating that the County lead in the area of expanding humane shelter opportunities for the
unhoused population, and expand outreach and case management services specifically tailored to the
needs of homeless individuals in the County.
16. Supporting the use of data from City and regional Community Action Teams (CAT) and Mobile Crisis
Units (MCU) outcomes, to advocate that the County allocate new resources to scale up these
programs to match the need.
17. Supporting an effective and efficient update of the 10-Year Plan to End Chronic Homelessness that is
action oriented and focused on measurable, positive and realistic outcomes.
Community Development
1. Supporting local control of land use planning and zoning matters.
2. Supporting State and Federal assistance to prevent the loss of housing for those impacted by COVID-
19.
3. Supporting reforms of the entire State mandated HCD Regional Housing Need Allocations process to
recognize local resource limitations and align infrastructure and other funding to help communities
meet mandated housing requirements.
4. Supporting funding of on-campus housing at Cal Poly for students, staff and faculty, and University
acquisition of residences for staff and faculty housing.
Deleted: ¶
Deleted:
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LEGISLATIVE ACTION PLATFORM
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Deleted: FOR 2021
5. Supporting increased funding for affordable housing and supportive housing services for very low, low
and moderate income individuals and/or families in all cities and communities and opposing the
erosion of local inclusionary housing and in-lieu fee programs.
6. Supporting continued funding of National Housing Trust Fund and streamlined and efficient
implementing regulations at the state level.
7. Supporting additional state funding to implement AB 32 (The California Global Warming Solutions Act
of 2006) and SB 375 (The Sustainable Communities and Climate Protection Act of 2008) through local
general plan updates that implement the regional sustainable communities plan and alternative
planning strategy, if needed.
8. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites
and structures.
9. Supporting continued or expanded funding for the Community Development Block Grant (CDBG)
program.
10. Supporting continued local control over mobile home park rent stabilization and local control over
the conversion of mobile home parks to other uses. Encourage the amendment of Section 66427.5 of
the California Government Code and other relevant law for the purpose of ensuring that mobile home
park residents are not involuntarily removed from homes or otherwise economically impacted if parks
are subdivided or converted.
11. Resolving and addressing regulatory or financial barriers to implement AB 811 property-assessed
clean energy districts.
12. Encouraging continued viability of inclusionary housing provisions and avoidance of conflicts with
Costa-Hawkins Act.
13. Enabling the issuance of parking citations on private property.
14. Advocating full funding for services and transitional housing for individuals who are unhoused,
including providing more flexibility in the use of Federal funds on the local level to address housing.
15. Supporting legislation that provides funding sources for appropriate human service agencies that
support the mission of the Human Relations Commission.
16. Supporting responsible review and revision of CEQA to ensure sound environmental determinations.
Deleted:
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Deleted: FOR 2021
17. Promoting pragmatic and clarifying actions to implement Proposition 64 Cannabis legalization,
including increased funding for health education, the preservation of local land use decision making,
reconciliation of conflicts in state and federal law, and systems for legal banking.
Economic Development
1. Supporting state and federal assistance for those people and businesses facing severe economic
losses due to the COVID-19 pandemic.
2. Supporting regional economic development support, expressly excluding support for weapons
production or distribution activities and fossil fuel production or distribution activities.
3. Supporting direct assistance and/or legislation that supports local agencies with recovering costs
related to the COVID-19 disaster and stimulate economic development, resiliency, and recovery.
4. Supporting funding and/or legislation using tax credits or other incentive programs to encourage
research and development by businesses in California.
5. Supporting funding and policies for the promotion of California as a place to locate businesses that
provide head-of-household jobs.
6. Supporting economic development that is integrated with articulated Major City Goals such as climate
action as well as social justice and diversity objectives, such as the Green New Deal.
7. Supporting funding for the state tourism promotion program.
8. Supporting the effective and efficient use of all communications technologies including voice, video,
data, and information services over wired and wireless transmission technologies and supporting net
neutrality.
9. Supporting telecommunications reform legislation and other measures that preserve local control
over public rights-of-way, protect local resources and guarantee access to, funding for, and local
flexibility in utilizing funds for public, educational and government (PEG) access television.
10. Supporting the expansion of public infrastructure financing tools and funding for infrastructure.
11. Supporting head-of-household jobs, including analyses of impacts and associated mitigations
regarding major regional employers.
Deleted: ¶
Deleted: Supporting modern and cost-efficient, thorough and
accurate methods for the population to exercise its civic
obligation to be counted in the 2020 Census.¶
¶
Deleted: ¶
Deleted: resiliency
Deleted:
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Finance
1. Supporting meaningful fiscal reform that allows each level of government to adequately finance its
service responsibilities while continuing to support efforts to protect the City from loss of revenues
due to State take-aways and unfunded State or Federal mandates.
2. Opposing initiatives that unduly burden and/or prohibit local government ability to support essential
services to the community.
3. Supporting collection of the full amount of local transient occupancy tax from online sales of lodging.
4. Supporting the continuation of California Specialized Training Institute activities within San Luis
Obispo County.
5. Opposing removal of the municipal bond tax exemption.
Human Resources/Employee Relations
1. Supporting additional workers’ compensation reforms that lower employers' costs while still
protecting workers and opposing legislation that would restrict appropriate cost controls in the
workers’ compensation system.
2. Supporting pension and retiree health benefits reform efforts, policy changes, and permissible
administration decisions aimed at reducing unfunded liabilities, reducing costs, and ensuring the long-
term viability of the defined benefit pension system in concert with the League of California Cities and
the California Public Employees Retirement System (PERS) Board of Directors.
3. Opposing the expansion of property rights in public employment and procedural requirements that
hinder or significantly increase the public costs of effective performance management, including
legislation that curtails management rights or obstructs the timely, efficient, and cost-effective
implementation of performance management or disciplinary measures.
4. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan
and maintain comprehensive health care coverage for eligible employees, in a financially sustainable
manner.
5. Supporting reforms that limit the financial impacts of joint and several liability on public entities.
Deleted: Supporting fair share tax allocations on catalog and
Internet sales; and opposing legislation that limits state or local
authority to tax catalog or Internet sales.¶
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6. Supporting the clarification, modification or repeal of AB 646 fact finding requirements and opposing
measures that reduces local control over public employee disputes.
7. Opposing measures that curtail management rights or impose local government mandated employee
benefits that should be directly negotiated between labor groups and employers.
8. Supporting Federal legislation to modify, refine, or eliminate Federal Labor Standards Act (FLSA)
requirements on public agencies.
9. Support reforms that limit the joint and several liability to agencies who have entered into Joint
Powers Agreements (JPAs).
Public Safety
1. Supporting new and continued State and Federal funding support for school safety, disaster
preparedness, earthquake preparedness, Homeland Security, hazardous material response, State
COPS program and other local law enforcement activities.
2. Supporting preservation of the City's authority to investigate police misconduct.
3. Supporting local control on issuance of concealed weapons permits.
4. Supporting legislation to help curb drug and alcohol-related criminal behavior and underage
consumption.
5. Opposing new or increased state fees for state-provided law enforcement services.
6. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free
from interference, for all local public safety communication needs.
7. Supporting efforts to enhance radio and data system(s) stability and interoperability among public
safety agencies and jurisdictions.
8. Supporting efforts to reduce retention periods for video monitoring data not related to an identified
incident or operation.
9. Preserving the City's right to regulate activities with adverse health and safety impacts on local streets,
sidewalks, and rights-of-way.
Deleted:
Deleted: sidewalks
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10. Supporting legislation to improve and enhance the safety of cargo transported via rail, including but
not limited to: safety enhancements for rail vessel construction with an emphasis on efforts to rapidly
improve the safe transport of volatile crude oil and limit the use of older, “grandfathered” containers
and vessels; enhancements in remote monitoring and control of railcar speeds; reduction of railcar
speeds in populated areas like San Luis Obispo; enhancements in communications, notifications and
information dissemination to local governments, especially public safety agencies.
11. Supporting and expanding funding and programs to local jurisdictions to proactively reduce fire risk
attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate change to remove
diseased, dead and/or down combustible vegetation, thin forests to improve forest health, and create
effective defensible space between the undeveloped and developed environments.
12. Supporting grants and aid to land/property owners with properties one mile or less from natural
vegetation, which are threatened by wind-driven fire events, to harden structures again fire
impingement and create sustainable defensible spaces.
13. Supporting grants and aid to local governments to develop modern evacuation communications
systems to effectively reach all residents in a timely fashion via voice, text, email, and other electronic
means.
14. Supporting legislation that would result in the implementation of a statewide modern evacuation
communications system to effectively reach all residents in a timely fashion via voice, text, email, and
other electronic means, which is available for use by local governments at the discretion of local
governments.
15. Supporting legislation to preserve and enhance local control, at the City level, for the provision of
public safety services, including the scope and provision of medical and non-medical emergency
services.
16. Supporting uniformity of state and federal regulations of drones and the study and adoption of
appropriate local airport protections and public safety exemptions.
17. Supporting legislation regarding the safe transport and storage of nuclear waste.
18. Supporting legislation to address the education, funding, and treatment of opioid addiction.
19. Supporting legislation that expands funding to manage vegetation and fuel sources in the wildland
urban interface.
20. Supporting legislation to provide funding to help communities prepare for response, recovery and be
resilient after natural disasters.
Deleted: funding
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Public Works
1. Supporting increased availability of grant funding to replace aging infrastructure of all types, e.g.
streets, bridges, water, sewer, parks, and storm sewer systems, etc.
2. Supporting increased funding for flood protection, clean stormwater and low impact infrastructure
projects.
3. Supporting cooperation and prompt approval from Federal and State regulatory agencies (such as the
Department of Fish & Wildlife, Regional Water Quality Control Board and the Army Corps of
Engineers) for necessary projects involving the City's creek system.
4. Supporting monetary incentives or grant funding for alternative fuel vehicles for replacement of
municipal fleet equipment.
5. Supporting funding and policies that support and enhance active transportation modes such as
bicycles, pedestrian, transit connections, and transit.
6. Supporting continued protection of SB-1 and other funding for transportation infrastructure
maintenance.
Parks and Recreation and Natural Resources
1. Supporting State and Federal funding and other measures to promote the acquisition, protection,
preservation and restoration of natural resources, open space, coastal resources, signature land
forms, wetlands and park development, including continued funding for the Land and Water
Conservation Grant Program and for the California Conservation Corps.
2. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to
protect this fragile habitat from offshore oil and gas development.
3. Supporting amendments to stormwater regulatory requirements to reduce mandatory minimum
fines and penalties and the recovery of private attorneys’ fees for technical non-compliance issues
that do not result in adverse public health impacts or environmental harm.
4. Support stormwater requirements that are related to specific issues and include reasonable
implementation timeframes and funding.
Deleted:
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5. Opposing any development under existing or new offshore oil and gas leases off the Coast of San Luis
Obispo County.
6. Opposing any development under existing or new oil and gas leases in San Luis Obispo County.
7. Supporting and seeking State and Federal funding and other measures to conduct research and
implement land management measures for the purpose of carbon sequestration.
8. Supporting measures to prohibit discharge of pollutants into the creeks and ocean (e.g. selenium
contaminated waters from the San Joaquin valley).
9. Supporting expedited distribution of remaining Proposition 1 bond funds to take advantage of the
many favorable opportunities for land and easement acquisition and enhancement project
contracting.
10. Supporting legislative exemption from property taxes on lands dedicated to open space purposes,
which are outside the boundaries of the jurisdiction owning such lands.
11. Supporting funding to reduce or mitigate negative impacts to vital regional and community services
and enhance access to parks, open space, after school programming, senior services, facilities that
promote physical activity, protect natural resources, and strengthen safety and security.
12. Promoting policies that recognize the benefits of parks and recreational facilities in the advancement
of "sustainable communities" and curbing greenhouse gas emissions, including: strengthening
policies that fund parks, open-space, bike lanes and non-motorized trails through the development
and implementation of a carbon credit and offset program, and advocating for the strong integration
of local and regional park and non-motorized transportation improvements into "Smart Growth
Scenarios" pursuant to SB 375.
13. Supporting access and connectivity to joint use of schools; parks and open space; development of
streets and trails that encourage physical activity and healthy living.
14. Supporting extension or permanent legislation at the federal level of enhanced tax deductions for
charitable donations of Conservation Easements
15. Supporting legislation to limit the opening of national parks (or other protected public lands, e.g.
Carrizo Plain) to fossil fuel extraction.
Deleted: ¶
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Transportation
1. Supporting changes in gas tax laws that allow local tax for transportation purposes based on a majority
vote of the public.
2. Supporting the continuation of, and increased funding sources for street maintenance projects,
transportation improvements, transit operations and multimodal facility projects.
3. Supporting funding sources for transit electrification.
4. Supporting transportation funding for San Luis Obispo County, in particular funding that provides for
alternative modes of transportation with clean air benefits or reductions in Vehicle Miles Traveled
(VMT) and greenhouse gases.
5. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning
organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO
agencies/regional "control" of local transit providers.
6. Supporting cooperation of private transportation companies (such as Union Pacific Railroad) to reach
agreements for sharing of properly secured right of way corridors for other compatible uses such as
bicycle and pedestrian facilities.
7. Opposing the proposed diversion of any funding source for transportation that reduces amounts
designated for transit operations.
8. Supporting funding for projects to implement adopted complete street plans demonstrated to
improve public health and reduce greenhouse gas emissions.
9. Supporting provision of Cap and Trade funding for transportation projects.
10. Supporting increased funding for existing Active Transportation Program (ATP) and other sources of
bicycle and pedestrian transportation funding.
11. Supporting funding for existing and future transportation needs.
12. Supporting funding strategies to reduce the personal cost of transportation, especially cargo and
electric-assist bicycles and their supporting infrastructure.
13. Opposing proposed changes to statistical methodologies such as Metropolitan Statistical Areas that
have the potential to reduce funding for transportation improvements.
Deleted: clean air
Deleted: ransit
Deleted: s
Deleted: gases .
Deleted:
Deleted: intercity rail
Deleted: ¶
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14. Supporting improvements of state and federal standards guiding application of street design and
traffic control devices to allow more flexibility for local agencies to prioritize safety, particularly for
vulnerable road users, consistent with recent calls to action from groups such as the National
Transportation Safety Board, NACTO and others
Utilities
1. Supporting clean water and drinking water funding programs.
2. Supporting recycling, waste diversion, and zero waste programs and enhancing local government's
ability to comply with solid waste reduction requirements.
3. Supporting measures that require the State Water Resources Control Board and Regional Water
Quality Control Boards establish a process to evaluate, in advance of adoption, the costs of
compliance for pending and future regulatory actions on NPDES permittees.
4. Supporting legislation that requires the State's environmental agencies to conduct peer review of
proposed regulations to ensure that the proposal is based on sound science.
5. Supporting the elimination of mandatory minimum penalties for violations of NPDES Requirements
and returning discretionary control to the Regional Water Quality Control Board Executive Officers
(i.e. repeal SB 709).
6. Supporting measures to ensure reasonableness in the administration of NPDES permit governing City
operations, including pursuing a municipal representative on the Regional Water Quality Control
Board
7. Supporting the safe, responsible, and cost-effective reuse of Exceptional Quality or better biosolids.
8. Supporting sustainable energy programs.
9. Supporting legislation allowing cities/agencies to establish fees for the costs of operating mandated
water quality programs such as, but not limited to, municipal storm water and total maximum daily
loading.
10. Supporting federal legislative action and funding to transfer Salinas Reservoir from Army Corps of
Engineers Military Project to Army Corps of Engineers Civil Works Project.
11. Supporting federal and state funding that would allow for transfer Salinas Reservoir from the Army
Corps of Engineers to a local jurisdiction.
Deleted: ¶
Deleted: ¶
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12. Supporting water conservation and water use efficiency best management practices.
13. Supporting amendments to the Urban Water Management Planning Act to recognize past
investment in water conservation and the City's ability to comply with SBx7-7 and other water
conservation regulations.
14. Opposing legislation that requires recycled water to be included in water conservation regulations.
15. Opposing mandatory consolidation of water systems.
16. Supporting the expansion of recycled water production and use, including potable reuse.
17. Supporting legislation eliminating departing load charges which discourage the use of alternative
energy resources.
18. Supporting the use of Public Goods Funds for the development and installation of energy saving or
green energy generating projects to benefit local government.
19. Opposing legislation that diminishes the City’s existing water rights.
20. Supporting the protection of water resources.
21. Supporting the protection of our natural resources from invasive species.
22. Supporting regional water resiliency initiatives.
23. Supporting streamlined water rights amendment processes for minor water rights permit changes.
24. Supporting federal and statewide funding of water infrastructure projects.
25. Opposing legislation that inhibits the City's ability to collect water and sewer bills either through
terminating service for non-payment or other reasonable means absent public health or safety
emergencies.
26. Opposing legislation that restricts water and sewer rates for certain customers to below the cost to
provide service based on legitimate public interests such as affordable housing, senior housing, non
profit public beneficial uses, and/or educational uses.
Deleted: without acknowledgement of water rights.
Deleted: ¶
Deleted: Supporting a two-track option of laboratory
accreditation, California Environmental Laboratory Accreditation
Program (ELAP) and the National Environmental Laboratory
Accreditation Conference (NELAC) Institute also known as TNI.¶
Deleted: ¶
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County/Regional Priorities
1. Supporting County land use policies and practices that are consistent with the Memorandum of
Agreement adopted by the City Council and County Board of Supervisors in 2016 regarding
development near the edges of the City and opposing inconsistent policies and practices.
2. Encouraging participation by County in providing nearby parking for County employees and clients,
and alternate transportation and parking demand reduction.
3. Supporting County development of a local ordinance providing additional local oversight and
regulation of the land application of Pollutant Concentration (PC) or better biosolids.
4. Supporting the County’s Flood Control and Water Conservation District efforts to solve City/County
flood problems.
5. Supporting the San Luis Obispo County Air Pollution Control District's legislative program, where
consistent with the City's adopted policies and platform.
6. Supporting the San Luis Obispo Council of Governments' legislative advocacy activities, where
consistent with the City's adopted policies, platform, and public policy and project objectives.
7. Supporting efforts to enhance dangerous animal regulation and enforcement.
8. Supporting the streamlining, clarification and simplification of conflict of interest regulations
applicable to local officials.
9. Supporting regional efforts to join the Central Coast Community Energy .
10. Supporting the Central Coast Regional Energy Network at the County Board of Supervisors, the CPUC,
and related relevant entities and supporting pilot projects in the City as feasible.
11. Supporting regional and regulatory collaboration to fund and support climate change impact
projections and coordinate approaches for increasing regional resilience.
12. Supporting requirements that development outside City jurisdiction has adequate water supplies to
support development activities and intensities and does not indirectly impose water service
obligations to adjacent municipal water agencies.
13. Supporting assistance for those experiencing physical and mental health impacts of COVID-19
Deleted: <#>Supporting legislation and other policy
considerations to expand funding for the delivery of case
management, drug, alcohol, and detoxification services, and
mental health services for all County residents, and the
establishment of shelter facilities for the unhoused.¶
¶
Advocating that the County lead in the area of expanding humane
shelter opportunities for the unhoused population, and expand
outreach and case management services specifically tailored to
the needs of homeless individuals in the County.¶
¶
¶
UsingSupporting the use of data from City and regional
Community Action Teams (CAT) and Mobile Crisis Units (MCU)
outcomes, to advocate that the County allocate new resources to
scale up these programs to match the need.¶
¶
Supporting an effective and efficient update of the 10-Year Plan to
End Chronic Homelessness that is action oriented and focused on
measurable, positive and realistic outcomes.¶
Deleted: platform
Deleted: Monterey Bay Community Power
Deleted: community choice energy program
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Central Coast Community Energy Policy Board and
Operations Board Positions
City Council approved joining Central Coast Community Energy (3CE) in September 2018 and City
representatives have been seated on 3CE’s Policy Board, Operations Board, and Community
Advisory Council since 2019.1 This section of the City’s Legislative Platform identifies City of San
Luis Obispo policy positions on key topics that may come before the various boards and advisory
bodies of 3CE. The policy positions contained herein are intended to guide Board member
deliberation and voting and staff review of agenda, but are not an exhaustive list of issues that
may arise. These positions are intended to extend only to advocacy for or against generally
applicable policy proposals being considered by 3CE and does not extend to advocacy on any
individual project or entitlement application pending before any decision-making body, nor does
it extend to the larger legislative platform of the City. The City Council is supportive of 3CE policy
proposals:
1. Supporting environmental justice and economic equity.
2. Supporting 3CE investment in and support for distributed energy resources (e.g., rooftop solar),
demand response, and energy efficiency.
3. Supporting climate mitigation (e.g., emissions reductions), adaptation (e.g. distributed energy
resources and grid stability), and resilience (e.g. disaster preparedness).
4. Supporting the inclusion of all segments of the community in policy making and program design
processes.
5. Supporting processes that are transparent, collaborative, visible, and accessible.
6. Supporting rate, rebate, and revenue structures that create a robust programs budget.
7. Supporting a portfolio of programs that focuses on economic, social, and environmental equity.
8. Supporting a portfolio of programs that focuses on strategic and intentional long-term economic
development consistent with sub-regional economic development approaches.
1 3CE was formerly known as Monterey Bay Community Power (MBCP)
Deleted: Monterey Bay Community Power Policy
Deleted: MBCP
Deleted: MBCP
Deleted: MBCP
Deleted: economic, social, and environmental equity.
Deleted: e.g.
Deleted: encourages
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9. Supporting regional climate action and a portfolio of programs that are strategically implemented to
achieve regional climate targets.
10. Supporting a program design process that is transparent, collaborative, and inclusive.
11. Supporting staffing required to effectively design, advertise, implement, and monitor effectiveness of
the agency’s project portfolio.
12. Supporting local government access to data, transparent GHG emissions reporting, and sub-annual
emissions factors as available.
13. Support programs that provide funding, technical support, or legislation that promotes grid
independence and resiliency.
14. Supporting processes and governance approaches that provide sufficient time for Board members to
fully participate and drive decisions, from inception to implementation.
15. Supporting projects that focus on strategic and intentional regional economic development consistent
with regional economic development approaches, when feasible, and with entities that support fair
wage practices and maximize benefit to local workforces, when feasible.
Deleted: ¶
Deleted: Supporting fair distribution of resources and
representation among MBCP member jurisdictions. This may also
entail supporting local presence and staffing, as well as brand
identity that is reflective of the entire MBCP service territory.¶
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