HomeMy WebLinkAbout08-24-2021 Agenda Packet
City Council
AGENDA
Tuesday, August 24, 2021, 6:00 p.m.
Teleconference - Broadcast via Webinar
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made the difficult decision to return to a virtual meeting format Below are instructions on how to view
the meeting remotely and how to leave public comment. Additionally, members of the City Council are
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Pages
1.CALL TO ORDER
2.PLEDGE OF ALLEGIANCE
Mayor Heidi Harmon will lead the Council in the Pledge of Allegiance.
3.PRESENTATIONS
3.a.CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.
3.b.WOMEN'S RIGHT TO VOTE MONTH PROCLAMATION
Mayor Harmon will proclaim August as "Women's Right to Vote" Month.
3.c.INTRODUCTION OF WHITNEY SZENTESI, PUBLIC
COMMUNICATIONS MANAGER
Deputy City Manager Greg Hermann will introduce Whitney Szentesi,
Public Communications Manager.
4.PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. 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.
5.CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-
controversial and will be acted upon at one time. A member of the public may
request the Council to pull an item for discussion. Pulled items shall be heard at
the close of the Consent Agenda unless a majority of the Council chooses
another time. The public may comment on any and all items on the Consent
Agenda within the three-minute time limit.
Recommendation:
To approve Consent Calendar Items 5a through 5j.
5.a.WAIVE READING IN FULL OF ALL RESOLUTIONS AND
ORDINANCES
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
5.b.MINUTES REVIEW - JULY 20, 2021 COUNCIL MINUTES 9
Recommendation:
Approve the minutes of the City Council meeting held on July 20, 2021.
5.c.TRANSIT SERVICE AGREEMENT EXTENSION BETWEEN THE CITY
OF SAN LUIS OBISPO AND CAL POLY FOR FISCAL YEAR 2021-22
19
Recommendation:
Authorize the City Manager to execute a Transit Services Agreement
Extension with Cal Poly for Fiscal Year 2021-22.
5.d.A REQUEST TO INCLUDE THE PROPERTY AT 350 HIGH STREET IN
THE CITY’S INVENTORY OF HISTORIC RESOURCES AS A MASTER
LIST RESOURCE AS ‘THE TINY MART’
35
Recommendation:
As recommended by the Cultural Heritage Committee, adopt a
Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, adding the property located at 350 High Street
to the Master List of Historic Resources as ‘The Tiny Mart’ (HIST 0208
2021).”
5.e.JOB ORDER CONTRACT FOR STREETS AND SIDEWALK
MAINTENANCE 2021, SPECIFICATION NO. 1000199
89
Recommendation:
Approve Special Provisions for Job Order Contract for Streets
and Sidewalk Maintenance 2021 Specification No. 1000199;
and,
1.
Authorize staff to advertise for bids; and,2.
Authorize the City Manager to award the contract to the lowest
responsive bidder.
3.
5.f.FLEET SURPLUS DISPOSAL AUTHORIZATION 149
Recommendation:
Authorize the designation and disposal of surplus items in accordance
with the City’s policies and procedures as prescribed in the Financial
Management Manual Sections 405-L, 480-A, and 480-B.
5.g.AUTHORIZE AN AGREEMENT WITH THE SAN LUIS OBISPO
COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PUBLIC,
EDUCATION, AND GOVERNMENT ACCESS FUNDS
163
Recommendation:
Authorize the Mayor to execute an Agreement by and between the City
of San Luis Obispo and San Luis Obispo Coastal Unified School District
for release of Public, Education, and Government (PEG) Access Funds
(education portion) for a term ending September 1, 2024.
5.h.PARTIAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT
3096, SAN LUIS RANCH
185
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City
of San Luis Obispo, California, accepting the completed Public
Improvements of Tract 3096; certifying the completed Private
Subdivision Improvements of Tract 3096; releasing the Securities for the
completed portions of Tract 3096; and authorizing the Director of Public
Works to accept the remaining improvements and to release the
remaining Securities once all the improvements are deemed complete.”
5.i.AWARD CONSTRUCTION CONTRACT FOR MEADOW PARK
PATHWAYS MAINTENANCE PROJECT
197
Recommendation:
Award the construction contract for the Meadow Park Pathways
Maintenance Project, Specification Number 1000021 to Souza
Engineering Contracting Inc. in the amount of $375,301; and
1.
Approve the budget transfer of $82,584 from the Sewer Utility
Cover Adjustment Account (1000084) to the project account.
2.
5.j.FY 2021-22 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT APPLICATION
213
Recommendation:
Authorize staff to apply for a FY 2021-22 Edward Byrne
Memorial Justice Assistance Grant in the amount of $14,077;
and
1.
If the grant is awarded, authorize the City Manager or designee
to execute necessary grant documents and direct the
appropriation of monies into the accounts required to administer
the grant.
2.
6.PUBLIC HEARING AND BUSINESS ITEMS
6.a.INTRODUCE AN ORDINANCE AMENDING THE MUNICIPAL CODE
TO REVISE THE CITY'S PARKING PERMIT PROGRAM
217
Recommendation:
Introduce an Ordinance entitled "An Ordinance of the City Council of the
City of San Luis Obispo, California amending Title 10 Chapter 36
(Stopping, Standing and Parking for Certain Purposes or in Certain
Places) of the Municipal Code" to revise the City's parking permit
program to address requests from commercial properties to be eligible
for parking district formation.
6.b.MOBILE CRISIS UNIT (MCU) – MENTAL HEALTH CLINICIAN RFP
AND VAN PURCHASE
235
Recommendation:
Authorize the issuance of Request for Proposals (RFP) for
contracting services of a Mental Health Clinician for the City of
San Luis Obispo’s Pilot Mobile Crisis Unit; and
1.
Authorize the City Manager to enter into an agreement with the
contractor that best responds to the RFP in terms of
qualifications, cost, and approach to program implementation;
and
2.
Authorize the purchase of the Pilot Mobile Crisis Unit vehicle by
adding the vehicle acquisition to the City’s Capital Improvement
Program; and
3.
Authorize the Finance Director to approve a Budget
Amendment Request moving approved vehicle purchase
funding from the General Fund to the Capital Outlay Fund.
4.
7.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 their
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)
8.ADJOURNMENT
The next Regular Meeting of the City Council will be held on September 7, 2021
at 6:00 p.m., via teleconference.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired -
please see the 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.
Page 8 of 271
Council Minutes
July 20, 2021, 5:00 p.m.
City Hall, 990 Palm Street, San Luis Obispo
Council Members
Present:
Mayor Heidi Harmon, Vice Mayor Erica A. Stewart, Council
Member Carlyn Christianson, Council Member Andy Pease,
Council Member Jan Marx
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney,
Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER - CITY COUNCIL / GROUNDWATER SUSTAINABILITY
AGENCY
A Regular Meeting of the San Luis Obispo City Council, also acting as the San
Luis Obispo Groundwater Sustainability Agency, was called to order on July 20,
2021 at 5:04 by Mayor Harmon, with all Members present.
2. PLEDGE OF ALLEGIANCE
Council Member Pease led the Council in the Pledge of Allegiance.
3. STUDY SESSION
3.a STUDY SESSION: RECEIVE AN UPDATE ON THE SUSTAINABLE
GROUNDWATER MANAGEMENT ACT GROUNDWATER
SUSTAINABILITY PLAN
Utilities Director Aaron Floyd and Utilities Deputy Director of Water Mychal
Boerman provided an in-depth staff report and responded to Council
questions.
Public Comments:
Dr. Steve Hanson
---End of Public Comment---
ACTION: The City of San Luis Obispo Groundwater Sustainability Agency
(GSA), received an update on the Sustainable Groundwater Management
Act (SGMA) required Groundwater Sustainability Plan (GSP)
development, and provide the following input:
Page 9 of 271
1. That the GSA would like to continue with the existing governance
structure.
2. That the GSA supports staff's recommendation that GSP
implementation costs including the costs to construct projects, should
be borne by those benefitting from the project(s) or action(s) and that
the City should only be responsible for its proportional share of GSP
implementation costs.
3. That the GSA supports the inclusion of a project to sell City Recycled
Water to the Edna Valley Growers within the GSP, in alignment with
existing General Plan policies.
4. That the GSA supports staff’s request for the removal of the Potable
Water Sales to Golden State Water Company project from the GSP
due to direct conflict with existing General Plan policies regarding
outside-city potable water sales.
5. That the GSA supports the recommendation to include all State Water-
related Projects to the Edna Valley subarea and the Sentinel Peak
Discharge Relocation Project within the GSP.
3.b ADJOURN THE STUDY SESSION FOR THE GROUNDWATER
SUSTAINABILITY AGENCY
At 6:20 p.m., the Study Session of the San Luis Obispo Groundwater
Sustainability Agency adjourned. The Regular Meeting of the City Council
resumed at 6:30 p.m.
4. PRESENTATIONS
4.a CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects.
4.b PRESENTATION ON KEEPING OPEN SPACE FIRE-SAFE THIS
SUMMER
Sustainability & Natural Resources Official Bob Hill and City Biologist
Freddy Otte provided a presentation on keeping our Open Space fire-safe
this summer.
Page 10 of 271
5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:
Tyron McSorley
Jeffery Specht
Laura Lee Waldorf
--End of Public Comment--
6. CONSENT AGENDA
Public Comment:
Emma Saperstien - Item 6e
--End of Public Comment--
Motion By Council Member Christianson
Second By Council Member Pease
To approve Consent Calendar Items 6a - 6n.
Ayes (5): Mayor Heidi Harmon, Vice Mayor Stewart, Council Member
Christianson, Council Member Pease, and Council Member Marx
CARRIED (5 to 0)
6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Waive reading of all resolutions and ordinances as appropriate.
6.b MINUTES REVIEW - JULY 6, 2021 COUNCIL MINUTES
6.b.1 CITY COUNCIL DRAFT MINUTES OF JULY 6, 2021
Approve the minutes of the July 6, 2021 Council Meeting.
6.c SUCCESSOR MEMORANDUM OF AGREEMENTS WITH THE
FIREFIGHTERS, LOCAL 3523, THE POLICE OFFICERS’ ASSOCIATION
AND RESOLUTIONS FOR THE UNREPRESENTED MANAGEMENT
AND CONFIDENTIAL GROUPS
1. Adopt Resolution No. 11265 (2021 Series) entitled, “A Resolution of
the City Council of the City of San Luis Obispo, California, adopting
and ratifying the Memorandum of Agreement between the City of San
Luis Obispo and the International Association of Firefighters, Local
3523, for the period of January 1, 2021 to December 31, 2023”; and
Page 11 of 271
2. Adopt Resolution No. 11266 (2021 Series) entitled, “A Resolution of
the City Council of the City of San Luis Obispo, California, adopting
and ratifying the Memorandum of Agreement between the City of San
Luis Obispo and the San Luis Obispo Police Officers’ Association for
the period of July 1, 2021 to June 30, 2024"; and
3. Adopt Resolution No. 11267 (2021 Series) entitled, “A Resolution of
the Council of the City of San Luis Obispo, California, amending
Management Compensation for appointed officials, department heads,
and management employees and superseding previous resolutions in
conflict”; and
4. Adopt Resolution No. 11268 (2021 Series) entitled, “A Resolution of
the City Council of the City of San Luis Obispo, California, regarding
compensation for the Unrepresented Confidential Employees and
superseding previous resolutions in conflict”; and
5. Adopt a Regular and Supplemental Employee Salary Schedule
effective July 20, 2021, as required by California Public Employees
Retirement System.
6.d ADVISORY BODY APPOINTMENT FOR UNSCHEDULED VACANCY
Confirm the appointment of Anni Wang to the Investment Oversight
Committee as recommended by the Council Liaison Subcommittee.
6.e SAN LUIS OBISPO MUSEUM OF ART LEASE AMENDMENT AND
COMMUNITY PARTNERSHIP AGREEMENT
Approve a Lease Amendment and Community Partnership Agreement
between the City of San Luis Obispo and the San Luis Obispo Museum of
Art, in a final form to the satisfaction of the City Attorney.
6.f RAILROAD SAFETY TRAIL TAFT TO PEPPER ADDITIONAL SIDEWALK
AND LIGHTING – CONTRACT CHANGE ORDERS, SPEC #91375
1. Authorize the installation of shared-use path lighting per City Engineering
Standards along the Railroad Safety Trail (Taft to Pepper) alignment,
deviating from Architectural Review Commission Resolution No. ARC-
1008-17, Condition 3, which calls for “bollard style lighting”; and
2. Approve a construction contract change order to increase th e Railroad
Safety Trail (Taft to Pepper) Project construction contract by $40,000
to cover anticipated costs to install additional path safety lighting; and
Page 12 of 271
3. Approve the transfer of $120,000 in funds from the Street
Reconstruction and Resurfacing Master Account (Spec. No. 90346) to
the Railroad Safety Trail (Taft to Pepper) project account (Spec. No.
91375) to fund additional pavement restoration along Pepper Street,
increasing the total Railroad Safety Trail project budget from
$6,060,108 to $6,180,108; and
4. Authorize the City Engineer to approve subsequent construction
contract change orders up to and in excess of $100,000 if within total
available project budget of $6,180,108.
6.g CALIFORNIA BOULEVARD AND FOOTHILL BOULEVARD RAILROAD
CROSSING GRANT FUNDING AGREEMENT AND REQUEST FOR
PROPOSALS FOR DESIGN SERVICES
1. Adopt Resolution No. 11269 (2021 Series) entitled, “A Resolution of
the City Council of the City of San Luis Obispo, California, authorizing
the City Manager to execute Service Contract No. 50LP291 with the
California Department of Transportation for the provision of Highway
Railroad Grade Crossing Safety Program (Section 130) Grant Funds
for the California & Foothill Railroad Crossing Upgrades Project;” and
2. Authorize the City Manager to execute subsequent amendments to the
Caltrans Service Contract as needed to facilitate completion of the
California & Foothill Railroad Crossing Upgrades Project; and
3. Authorize the Finance Director to augment the budget, by accepting
and appropriating Section 130 Program Grant Funds to the California
& Foothill Railroad Crossing Upgrades Project account (Spec. No.
91293) pursuant to the Caltrans Service Contract and any subsequent
amendments to this contract; and
4. Authorize the issuance of a Request for Proposals (RFP) for
Consultant Design Services for the California & Foothill Railroad
Crossing Upgrades Project (Specification No. 91293); and
5. Authorize the City Manager to award the Consultant Design Services
contract if proposals are within the authorized reimbursable project
budget for preliminary engineering pursuant to the Caltrans Service
Contract.
Page 13 of 271
6.h AUTHORIZATION TO APPLY FOR GRANT FUNDING FOR THE URBAN
FLOOD PROTECTION GRANT PROGRAM
1. Adopt Resolution No. 11270 (2021 Series) entitled,
“A Resolution of the City Council of San Luis Obispo,
California approving the application for grant funds for the Urban Flood
Protection Grant Program;” and
2. Authorize the City Manager to finalize grant agreement terms and
execute the agreement (if awarded), including any amendments
thereto.
6.i FY 2021-22 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
GRANT AWARD
1. Authorize the Police Department to accept a grant award from the
Department of Alcoholic Beverage Control for FY 2021-22 in an
amount not to exceed $38,126; and
2. Adopt Resolution No. 11271 (2021 Series) entitled, “A Resolution of
the Council of the City of San Luis Obispo, California, authorizing grant
applications for funding provided through the Department of Alcoholic
Beverage Control to increase education and enforcement programs
focusing on retail alcohol outlets and authorizing the City Manager to
execute all related grant documents;” and
3. Authorize the Chief of Police to execute all grant application related
documents and authorize the Finance Director to make the necessary
budget adjustments upon the award of the grant.
6.j SELECTION OF VOTING DELEGATE AND ALTERNATES FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
Appoint Council Member Andy Pease as the Voting Delegate and Vice
Mayor Erica A. Stewart as Alternate Voting Delegate to vote on the City’s
behalf at the Annual Business Meeting of the League of California Cities
on Friday, September 24, 2021.
6.k AUTHORIZATION TO APPLY FOR THE CALIFORNIA FIRE
FOUNDATION WILDFIRE SAFETY & PREPAREDNESS GRANT
1. Authorize the Fire Department to apply to the California Fire
Foundation Wildfire Safety & Preparedness Grant Program for a grant
in the amount of $13,711 to purchase Personal Protective Equipment
coats for wildland firefighting; and
Page 14 of 271
2. Authorize the City Manager, or designee, to execute the grant
documents and approve the budget changes necessary to appropriate
the grant amount upon notification that the grant has been awarded.
6.l EQUIPMENT SURPLUS DESIGNATION AND AUTHORIZATION OF
SALE
Authorize the designation and disposal of surplus items in accordance
with the City’s policies and procedures as prescribed in the Financial
Management Manual Sections 480-A and 480-B.
6.m MENTAL HEALTH COMMUNITY ACTION TEAM (CAT) MENTAL
HEALTH CLINICIAN RFP 2021
1. Authorize the issuance of Request for Proposals for contracting
services of a Mental Health Clinician for a second Mental Health
Community Action Team; and
2. Authorize the City Manager to enter into an agreement with the
contractor that best responds to the RFP in terms of qualifications,
cost, and approach to program implementation.
6.n AUTHORIZATION TO AWARD THE TANK FARM ROAD AND ORCUTT
ROAD ROUNDABOUT PROJECT, SPECIFICATION NUMBER 1000164
1. Award the construction contract for the Tank Farm Road and Orcutt
Road Roundabout, Specification Number 1000164 to Souza
Engineering Contracting Inc. DBA Souza Construction in the amount of
$3,504,179; and
2. Authorize the City Manager to approve future construction contract
change orders in excess of $100,000, if within the project construction
contingency budget of $525,627.
6.o RESCHEDULE THE CITY COUNCIL MEETING IN AUGUST 2021
Reschedule the Regular City Council Meeting of August 17, 2021 to
August 24, 2021.
7. STUDY SESSION
7.a STUDY SESSION: OPEN SLO LONG-TERM STRATEGIES
Public Works Director Matt Horn and Transportation Manager Luke
Schwartz provided an in-depth staff report and responded to Council
questions.
Page 15 of 271
Public Comments:
Molly Kern
Bettina Swigger
---End of Public Comment---
ACTION: The Council received a presentation on potential long-term
strategies for various elements of the Open SLO program; and
provide the following preliminary direction to staff to guide long-term
program and policy development for the following Open SLO program
activities:
Parklets
Yes, to continuing.
There should be design standard however there should be flexible
The fee for the parklets should be tiered.
There should notification to surrounding businesses.
Sidewalk Dining
Continue on a case-by-case basis as not all sidewalks are wide
enough.
There should be a fee whether there is table service or not.
Outdoor Dining in Private Parking Lots
Yes, to continuing but only if minimum parking requirements can be
met
There should be design standards
Monterey Street Configuration
Retain with current one-way configuration.
o Public art and murals, walking areas, more landscaping
o Outdoor searing scaled back and become more pedestrian
o Include Mission Plaza and dog leg
Prior to car-light configuration want to know what the trade-offs are.
Page 16 of 271
8. LIAISON REPORTS AND COMMUNICATIONS
Council Member Pease gave an update on SLOCOG wanting to increase
northbound and southbound trains. Council Member Pease asked about the
Study Session regarding bees and wanted to confirm what the scope of the item
should be. By consensus, the Council agreed the study session should look at
allowing bees in urban agriculture areas or for education.
Vice Mayor Stewart thanked Council Member Marx for bringing together a
meeting of the Central Coast Community Energy group.
Council Member Marx updated the Council on the hiring of an Executive Director
for IWMA.
9. ADJOURNMENT
The meeting was adjourned at 9:50 p.m. As approved by City Council on
December 8, 2020, during the annual calendar review, the August 3, 2021
Council Meeting has been cancelled. The next Regular Meeting of the City
Council will be held on August 17, 2021 at 6:00 p.m. in the Council Chambers
at City Hall, 990 Palm Street, San Luis Obispo, California.
_________________________
APPROVED BY COUNCIL: XX/XX/202X
Page 17 of 271
Page 18 of 271
Item 5c
Department: Public Works
Cost Center: 5201
For Agenda of: 8/24/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Austin O’Dell, Interim Transit Manager
SUBJECT: TRANSIT SERVICE AGREEMENT EXTENSION BETW EEN THE CITY OF
SAN LUIS OBISPO AND CAL POLY FOR FISCAL YEAR 2021-22
RECOMMENDATION
Authorize the City Manager to execute a Transit Services Agreement Extension with Cal
Poly for Fiscal Year 2021-22.
DISCUSSION
Background
Since 1985, California State Polytechnic University (Cal Poly) and the City of San Luis
Obispo have maintained a Transit Service Agreement (TSA) to allow Cal Poly to access
the City's transit (SLO Transit) services. Through this Agreement, Cal Poly has paid an
annual service fee to the City in exchange for a zero-fare program that allows students,
staff, and faculty to ride SLO Transit at no charge to the rider. A valid Cal Poly
Identification Card must be presented to participate in a zero-fare ride.
City Council approved the last long-term TSA with Cal Poly in 2011 which expired in 2016.
One year service extensions have been executed annually while both agencies work to
negotiate a new Transit Services Agreement. The Agreement encourages students,
faculty, and staff to make use of alternative transportation as a means of travel. Cal Poly
trips represent approximately 65% of the annual trips on SLO Transit. Historically, the
University has compensated the City for transit services from its Parking & Forfeitures
Fund and with no direct contribution from students, staff, and faculty.
Transit Service Agreement Negotiations
Cal Poly and the City have been in negotiations for a new long-term TSA for many years.
The City’s primary position during these negotiations for a new long-term TSA is that Cal
Poly should pay a larger share since Cal Poly consumes about 65% of the rides SLO
Transit provides, requires a high level of service and data exchange, and obtains rides at
a cost of roughly 60% of the standard consumer rate. It should be noted that the standard
customer rates only funds 43% of the actual operation cost excluding necessary capital
cost for items such as bus replacement and facility maintenance.
Page 19 of 271
Item 5c
Fortunately, transit services are heavily subsidized by both State and Federal funds to be
able to provide a high level of service to the community at low rates, but the State does
require that transit service revenue meet or exceed 20% of their operating costs from
farebox revenue. Cal Poly’s TSA funding is vital to the City to maintain the State
mandated farebox ratio in order to remain eligible for State transit funding.
Transit Service Agreement Extension 2021-22
The pandemic has had large impacts to both Cal Poly and Transit Service operations. So
far during COVID 19, Cal Poly classes have been primarily virtual and transit use by the
community has been greatly reduced. Due to these changes in use over the last year
and a half, neither Cal Poly nor the City know how quickly Cal Poly’s use of the transit
services will rebound over the course of 2021-22. Due to this uncertainty, continuing with
the status quo agreement, since 2016 and approving another one-year extension meet
both agencies’ needs for FY 2021-22.
The proposed agreement extension will provide Cal Poly students, faculty, and staff
transit service until June 30, 2022, upon presentation of valid Cal Poly Identification Card
at no cost to the rider. Cal Poly will fund the City with a total amount of $537,500 pai d
quarterly in the amount of $134,375. Below is table that show Cal Poly’s previous annual
transit service funding contributions.
Fiscal Year Cal Poly Transit Service
Funding Amount
2011-12 $380,000
2012-13 $395,200
2013-14 $403,104
2014-15 $415,197
2015-16 $427,653
2016-17 $440,482
2017-18 $453,697
2018-19 $517,611
2019-20 $533,139
2020-21 $150,000*
2021-22 $537,500
*Funding reduced due to reduced demand during pandemic
During the FY 2021-22, the City and Cal Poly will continue to negotiate a new longer term
Transit Service Agreement as both agencies will better understand transit trends coming
out of the pandemic. Prior to the expiration of this one-year extension, staff will return to
Council with either a mutually agreeable transit partnership agreement that reflects
payment for services provided and investment in infrastructure or a recommendation to
not extend the Transit Service Agreement with Cal Poly and identification of what the
impacts of that would be.
Page 20 of 271
Item 5c
Previous Council or Advisory Body Action
City Council approved the Transit Service Agreement with Cal Poly on September 20,
2011. This agreement expired on June 30, 2016. City Council has approved transit
service extensions with Cal Poly on August 15, 2016, June 27, 2017, and July 15, 2019,
and July 21, 2020.
Policy Context
Approving this extension will allow the conformance with the financial and operating
assumptions in the City’s adopted Short Range Transit Plan. In add ition, approving this
extension will advance Major City Goal work programs for Climate Action, Open Space
and Sustainable Transportation as well as Diversity, Equity and Inclusion
Public Engagement
No public engagement is necessary as this is considered to be an administrative item.
CONCURRENCE
Cal Poly concurs with the Transit Service Agreement Extension as presented to Council
for the Fiscal Year 2021-22.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
action in this report, because the action does not constitute a "Project" under CEQA
Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Transit Fund N/A
State N/A
Federal N/A
Fees N/A
Other: N/A
Total
Page 21 of 271
Item 5c
During the 2021-23 Financial Plan process, the Transit Fund assumed that a new long -
term agreement with Cal Poly would not be in place due to the impacts of COVID-19.
This extension provides the City with certainty of $537,500 of funding, as both the City
and Cal Poly reopen and negotiate a longer-term agreement. The Cal Poly funding is an
important revenue component for the Transit Fund and represents a significant portion of
the locally generated farebox revenue to meet the State mandated 20% local revenue
contribution. With the Cal Poly contribution intact for FY 2019-20, SLO Transit achieved
a 18% ratio despite the lock-down in the last quarter of the fiscal year. However, given
the reduction for FY 2020-21 (see page 2), local revenue will be far below the required
ratio. Fortunately, this farebox ratio requirement has been suspended due to the
pandemic. When the current health crisis ends, the State will likely reinstate the farebox
ratio mandate of 20%. Transit operators will have three years to comply with the State
mandate. Cal Poly’s revenue is a vital part of the Transit Enterprise Fund’s strategy to
achieve the locally generated revenue amounts to remain eligible for State transit funding
usually accounting for 70% of the farebox revenue.
ALTERNATIVES
1. Deny/Defer FY 2021/22 Transit Agreement Extension. City Council may choose to deny or
defer the University Transit Subsidy Agreement. Staff does not recommend this alternative as
the impact of this alternative would significantly reduce ridership and revenues. As previously
mentioned, both the City and Cal Poly agree to the terms of the new subsidy agreement. The
continuation of the program helps foster the continued partnership of this mutually beneficial
program.
2. Direct Staff to alter the fee schedule to some other level. Staff does not recommend this
alternative as both the City and Cal Poly agree to the terms of the new subsidy agreement.
The continuation of the program helps foster the continued partnership of this mutually
beneficial program.
ATTACHMENTS
A – Cal Poly 2011-16 Transit Agreement with Extensions
B – Fourth Transit Service Agreement Extension
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Page 28 of 271
R 11154
RESOLUTION NO. 11154 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN EXTENSION OF THE 2011-2016 TRANSIT SUBSIDY
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CAL
POLY
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO
Transit, a municipal public transit system; and
WHEREAS, California Polytechnic University (referred hereinafter as the Cal Poly) is
situated in an unincorporated area of San Luis Obispo County (hereinafter referred to as the
County), immediately adjacent to the City, within the jurisdiction and service area of the County;
and
WHEREAS, since 1985, the City has received a subsidy from Cal Poly in accordance with
a written transit subsidy agreement to allow Cal Poly students, staff, and faculty with valid Cal
Poly identification to board any bus operated by SLO Transit without paying a fare; and
WHEREAS, the parties most recently entered into a long-term transit subsidy agreement
with a 2011-2016 term (hereinafter referred to as the 2011-2016 Subsidy Transit Agreement),
which has been extended by the parties three (3) times; and
WHEREAS, the third extension to the 2011-2016 Transit Subsidy Agreement expired on
June 30, 2020; and
WHEREAS, the parties have attempted to negotiate and finalize a new long-term transit
subsidy agreement, but those efforts have been delayed due to unforeseen circumstances and
complexities including changes to ridership levels and the impacts of COVID-19; and
WHEREAS, the parties agree that executing an additional one (1) year extension to the
2011-2016 Transit Subsidy Agreement, including all of its terms and conditions, serves the best
interest of the parties, namely providing Cal Poly students, staff, and faculty continued subsidized
access to SLO Transit while the parties negotiate and finalize a new long-term transit subsidy
agreement; and
WHEREAS, the City and Cal Poly desire to continue the program and have jointly
developed a mutually acceptable solution.
Page 29 of 271
Resolution No. 11154 (2020 Series) Page 2
R 11154
NOW THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute
the one (1) year extension to the parties’ 2011-2016 Transit Subsidy Agreement and approve any
amendments during the term of the extended 2011-2016 Transit Subsidy Agreement.
Upon motion of Council Member Christianson, seconded by Council Member Stewart, and
on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of August 2020.
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
Teresa Purrington
City Clerk
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Page 34 of 271
Item 5d
Department: Community Development
Cost Center: 4003
For Agenda of: 8/24/2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Walter Oetzell, Assistant Planner
SUBJECT: A REQUEST TO INCLUDE THE PROPERTY AT 350 HIGH STREET IN
THE CITY’S INVENTORY OF HISTORIC RESOURCES AS A MASTER
LIST RESOURCE AS ‘THE TINY MART’
RECOMMENDATION
As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A
Resolution of the City Council of the City of San Luis Obispo, California, adding the
property located at 350 High Street to the Master List of Historic Resources as ‘The Tiny
Mart’ (HIST 0208 2021).”
DISCUSSION
Background
The owners of the property at 350 High Street have requested that the property be
designated as a Master List Resource and included in the City’s Inventory of Historic
Resources as the “Tiny Mart.” The property is not within any Historic District and is not
currently included in the Inventory.
Previous Advisory Body Action
On June 28, 2021, the Cultural Heritage Committee considered this request and found
that the property meets eligibility criteria for historical listing to a degree that qualifies it
for designation as a Master List Resource and recommended that the City Council
designate the property as such in the City’s Inventory of Historic Resources.
Site and Setting
The property is on the northeast corner of High and Carmel Streets, within a residential
area characterized by single family dwellings. The property was developed with a s mall
commercial building, commissioned by Herman Hinzy Page and built by George W.
Skiles, an active local architect, in 1926, for use as a neighborhood grocery store, along
with a residential cottage next door (now 368 High; see Application, pg. 14). The
commercial building and property at 350 High Street is the subject of this application and
listing request. The applicants have provided an evaluation of the property and its
eligibility for historic listing (Attachment B), prepared by James Papp, PhD, a local
historian and architectural historian.
Page 35 of 271
Item 5d
Building Architecture
As described in the
applicant’s Evaluation
(Attachment B), the small
commercial building on the
site is a late example of
Western False Front
Vernacular style of late
19th- and early 20th
Centuries, “an extension of
standard urban architecture
into unfamiliar settings,
structural types, and
materials” (Evaluation,
pg. 9). It displays a
characteristic square-parapet false front and is sheathed in “novelty siding” (siding of a
pattern that allows it to lie flat on a wall surface) as its primary material. The applicant’s
Evaluation identifies several significant features of the building and property (see § 4,
Architectural Significance of Tiny Mart):
“Tandem” relationship to adjacent residential cottage (at 368 High);
“Obtuse-angle footprint” where Spanish-era and “American grid” street layouts
meet;
Hand-painted “Eskimo Pie” mural from 1952 (subsequently restored by local
artists);
A relationship (“as the center of a Mini Development”) with seven dwellings on
the block, all by the same local owner-builder, George W. Skiles;
The City’s Historic Context Statement describes the representative forms and styles of
early 20th Century Commercial Development, including Commercial Vernacular styles.
The specific architectural and historical characteristics of the building are more fully
discussed in the applicant’s Evaluation (Attachment B).
Frank W. and Alberta Bell
The applicant’s Evaluation describes the subsequent proprietors of grocery stores at the
site, up to the acquisition of the store by Frank and Alberta Bell in 1966, who are closely
associated with the property. The Bells had worked and lived on farms in Central Texas
and came to San Luis Obispo after 1951, during the period described as the Great
Migration, between 1910 and 1970, out of the rural South to other more urban areas (see
Attachment B, § 5 for discussion of this historical context, nationally and locally). As more
fully described in the Application, the Bell’s ownership of their business premises, their
distinction as the first Black grocery owners in the City, and the survival of the premises
as a representation of a Great Migration -era Black business give them and the property
historical significance (Attachment B, pg. 34).
Figure 1: 350 High ("Tiny Mart")
Page 36 of 271
Item 5d
Eskimo Pie Mural
In 1952 a mural was hand-painted on the
Carmel Street side of the Tiny Mart by the
Golden State Creamery, advertising
“Eskimo Pie,” which the company
distributed locally, and this rare surviving
example of Americana from the period was
uncovered (on removal of asbestos siding)
by the current owners in 1979 and
subsequently restored (Attachment B,
pg. 11). The Evaluation describes the
context and controversies surrounding the
portrayal of an indigenous person in the
advertisement (from pg. 16) and discusses
the value of its preservation as a complex
landmark in local racial history and the history of racism (pg. 28). With respect to the
preservation of the mural, the Cultural Heritage Committee noted the mural as an element
of the property’s historical integrity deserving preservation, without explicit reference to
the mural in their recommendation. The view of City staff on this issue is that as an
element of the building’s integrity, it should remain intact in-situ. Were modification to be
considered in future, the mural should be preserved, for example, by covering it, or similar
treatment, in a manner that doesn’t damage or destroy the mural itself.
Evaluation of Eligibility
To be eligible for listing as an historic or cultural resource, the resource must exhibit a
high level of historic integrity, be at least 50 years old, and meet one or more of the
eligibility criteria described in § 14.01.070 of the Historic Preservation Ordinance (see
Attachment C). As provided in § 14.01.050 of the Ordinance, the most unique and
important resources and properties in terms of age, architectural or historical significance,
rarity, or association with important persons or events in the City’s past may be
designated as “Master List Resources.”
Architectural Criteria
As described in the applicant’s Evaluation, the commercial building exhibits characteristic
features of Commercial Vernacular architecture from the early 20th Century, consistent
with listing criteria for “Style” and for “Design”:
“… embodying as a Western False Front corner store the distinctive
characteristics of a type of construction evaluated as a measure of current
rarity and vernacular influences that represent a particular social milieu and
period of the community” (pg. 1)
Figure 2: Eskimo Pie Mural
Page 37 of 271
Item 5d
The property and building retain their character defining features including: the “novelty
siding”; the “obtuse-angle” footprint resulting from the unusual shape of the property; the
Western False Front shop façade; the multi-paned plate glass shop front window shaded
by a fabric awning; small louvered ventilation windows flanking the shop window; and the
hand-painted advertising sign (Attachment B, pg. 36).
Historic Criteria
Based on the significance of Frank W. and Alberta Bell as the first Black grocery owners
the applicant’s Evaluation concludes that the property qualifies for Master List designation
by its association with persons significant to the community and who made early
contributions to the community (pg. 1), as described by listing criteria for
“History – Person.”
Integrity
To demonstrate satisfaction of listing criteria for “Integrity,” the applicant’s Evaluation
notes the retention of the original footprint and character-defining elements of the building,
and absence of significant modification. Apart from minor window additions (to the south -
and southwest-facing walls) and addition of COR-TEN steel accents to window frames
and corner boards (considered reversible and not detrimental to communication of the
building’s historical significance), the property and building exhibit a high degree of
integrity (Attachment B, pp. 36-37).
Conclusion
The information submitted by the applicant, documenting the architectural character and
integrity of the Tiny Mart, and describing the people associated with the property, provide d
a basis for the Cultural Heritage Committee to find that the property satisfies Architectural
Criteria for Style and Design (§§ 14.01.070 (A) (1) & (2)), Historic Criteria for “History-
Person” (§ 14.01.070 (B) (2)), and Criteria for Integrity (§§ 14.01.070 (C) (1) & (2)), and
that its architectural character and association with Frank W. and Alberta Bell qualify the
property for designation as a Master List Historic Resource:
“Tiny Mart is eligible for the Master List for its architectural representation
of a social milieu and period, [and] association with historically significant
pioneer African American business owners… (Attachment B, pg. 39)
Policy Context
The recommended action on this item is supported by historical preservation policies set
out in § 3.0 of the Conservation and Open Space Element of the City’s General Plan, and
with procedures and standards for listing of historic resources set out in the City’ s Historic
Preservation Ordinance §§ 14.01.060 & 14.01.070.
Page 38 of 271
Item 5d
Public Engagement
Public notice of this hearing has been provided to owners and occupants of property near
the subject site, and published in a widely circulated local newspaper, and hearing
agendas for this meeting have been posted at City Hall, consistent with adopted
notification procedures. Public notice was also previously provided for the Cultural
Heritage Committee meeting of June 28, 2021.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA). Inclusion of the subject properties on the City’s Inventory of Historic
Resources does not have the potential for causing a significant effect on the environment,
and so is covered by the general rule described in § 15061 (b) (3) of the CEQA Guidelines.
FISCAL IMPACT
Budgeted: No Budget Year: 2021
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A $ $ $
State
Federal
Fees
Other:
Total $ $0 $ $0
Adding the Property to the Master List of Historic Resources will have no fiscal impacts.
Historic designation of the Property itself has no bearing on City fiscal resources. As a
Master List Resource, however, the Property would be eligible for historic preservation
incentives under the “Mills Act.” A subsequent request to enter into a “Mills Act Contract”
with the City would be considered under a separate application. A separate fiscal analysis
would be reviewed by the City Council should the property proposed be added to the Mills
Act list of properties.
Page 39 of 271
Item 5d
ALTERNATIVES
1. Decline to designate the property as a Master List Resource in the Inventory of
Historic Resources. This decision would be based on finding that the Property is not
considered to be sufficiently unique or important, or found to satisfy Evaluation Criteria
for listing to a degree warranting such designation.
2. Continue consideration of the request for additional information or discussion.
ATTACHMENTS
A – Draft Resolution adding 350 High Street to Master List Of Historic Resources
B – Applicant’s Evaluation of Eligibility for Listing (James Papp, PhD)
C – Evaluation Criteria for 350 High Street
Page 40 of 271
R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADDING THE PROPERTY LOCATED AT
350 HIGH STREET TO THE MASTER LIST OF HISTORIC RESOURCES
AS “THE TINY MART” (HIST-0208-2021)
WHEREAS, the applicants, Alex Gough, Anne Gough, and Anne Gaebe, filed an
application on March 12, 2021, for review of the inclusion of the property at 350 High
Street on the City’s Master List of Historic Resources; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo
conducted a public hearing via teleconference from the City of San Luis Obispo, California
on June 28, 2021 and recommended that the City Council add the property at 350 High
Street to the Master List of Historic Resources; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing on August 24, 2021 for the purpose of considering the request to add the property
to the Inventory of Historic Resources; 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 record
of the Cultural Heritage Committee hearing and recommendation, testimony of the
applicant and interested parties, and the evaluation and recommendation presented by
staff.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
a) The subject property is eligible for inclusion in the City’s Inventory of Historic
Resources as a Master List Resource because the commercial building on
the property satisfies at least one of the evaluation criteria for historic
resource listing described in § 14.01.070 of the City’s Historic Preservation
Ordinance (HPO), exhibits a high degree of historic integrity, and is more
than 50 years old.
Page 41 of 271
Resolution No. _____ (2021 Series) Page 2
R ______
b) The commercial building on the subject property satisfies Architectural
Criteria for Style and Design (§§ 14.01.070 (A) (1) & (2)), Historic Criteria
for “History-Person” (§14.01.070 (B) (2)), and Criteria for Integrity
(§§ 14.01.070 (C) (1) & (2)) to a degree that qualifies the property for
designation as a Master List Historic Resource. It conveys a purity of style,
exhibits attractiveness through detailing and craftsmanship, and exhibits
many characteristic features of Western False Front Vernacular style of late
19th- and early 20th Centuries in a manner that expresses interesting
details with notable attractiveness. The building occupies its original site
and retains its characteristic design and materials. The property is
associated with Frank and Alberta Bell, who are considered to be the first
Black grocery owners in the City, and the survival of the premises as a
representation of a Great Migration-era Black business.
SECTION 2. Environmental Determination. The project is categorically exempt
from the provisions of the California Environmental Quality Act (CEQA). Inclusion of the
subject property on the City’s Inventory of Historic Resources does not have the potential
for causing a significant effect on the environment, and so is covere d by the general rule
described in § 15061 (b) (3) of the CEQA Guidelines.
Page 42 of 271
Resolution No. _____ (2021 Series) Page 3
R ______
SECTION 3. Action. The City Council of the City of San Luis Obispo does hereby
include the property located at 350 High Street in the Master List of Historic Resources
as “The Tiny Mart.”
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
Page 43 of 271
Page 44 of 271
1
Master List Application • Tiny Mart, 350 High Street • A Landmark of Black History
1. Summary of Eligibility 1
2. Timeline 3
3. Historic Context: The Corner Grocery 6
4. Architectural Significance of Tiny Mart 9
5. Historic Context: The Great Migration of African Americans 29
6. Historic Significance of Tiny Mart: Frank W. and Alberta Bell 34
7. Period of Significance and Integrity 36
8. Conclusion 39
1. Summary of Eligibility
1926 Tiny Mart—one of San Luis Obispo’s few surviving pre-World War II corner
groceries, first Black-owned grocery, first Black-owned business with Black-owned
premises, and last surviving Black-owned business from the era of the Great Migration—is
eligible for the Master List
under architectural criteria: embodying as a Western False Front corner store “the
distinctive characteristics of a type … of construction … evaluated as a measure of …
current rarity [and] … vernacular … influences that represent a particular social milieu and
period of the community” (14.01.070.A.1.b–c.)
under historic criteria: owned and operated from 1966 through the 1979 by Frank Willie
Bell and Alberta Vera Bell, “significant to the community as … person[s] who made early …
contributions to the community” (14.01.070.B.1.b.)
The huge popularity among a young and diverse clientele of the High Street Market and
Deli—current and long-time occupant of the Tiny Mart building—serves as an
Page 45 of 271
2
extraordinary opportunity for Tiny Mart to communicate part of the complex history of
racism and the fight against racism in San Luis Obispo to a new and receptive audience.
James Papp, PhD, Historian and Architectural Historian
Submitted 12 March 2021
on behalf of Alex and Anne Gough and Anne Gaebe, property owners
Alberta Vera Bell and Frank Willie Bell, circa 1960s. Farmers in Waco, Texas in the 1930s and
’40s, dispossessed of their farm in 1951, they took part in the Great Migration of African
Americans from the South to the North, Midwest, and West and became pioneering
businesspeople in San Luis Obispo.
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3
2. Tiny Mart Timeline
1866 George W. Skiles, contractor of the corner grocery at 420 (now 350) High
Street and adjoining cottage at 428 (now 368), is born in West Virginia. His
family later moves to Illinois (US Census, state birth and death records,
passim).
1867 Herman Hinzy Page, original commissioner of the grocery building and
adjoining cottage, is born in Iowa, the son of a grocer and dry goods
merchant.
1891 Joaquin Mashado Craveiro, fourth owner of the grocery with his son, is born
in the Azores (1917 Draft Registration).
1900, 1910 Skiles is working as a stonecutter and monument merchant in Illinois.
1903 Otto Burton, third owner of the grocery, is born in Missouri.
1904 Frank Willie Bell, who with his wife Alberta becomes the seventh owner of
the grocery in 1966, is born in Texas.
1907 Alberta Vera London is born in Texas, second of five children of Abe London
and Annie Lowe London, both laborers on a cotton farm in Falls County,
Texas, in 1920 and general farmers there in 1930. Her Texas-born
grandparents, George and Matilda Buyer London (1850–1914), and Texas-
born Lowe grandparents, were born in Texas’s slavery era and presumably
as slaves.
1908 George Skiles’ sister marries Charles Eserio Foxen of a prominent Anglo-
Californio family, owners of a department store in San Luis Obispo. George
moves to San Luis Obispo in the 1910s, initially carrying on his profession as
a stone carver and then becoming a contractor in the early 1920s (San Luis
Obispo Building Permits File, Cal Poly Special Collections, passim).
1917 Joaquin Joseph Craveiro, fourth owner of the grocery with his father, is born
in California.
1926 Dec. 2 George W. and Edith Skiles transfer ownership of the corner lot at Carmel
and High Streets (part lot 4, block 52) to Herman Hinzy and Lola Melvina
Page (County Land Records, passim).
Dec. 10 Herman Page applies for a permit to build a $1,100 store building with
“concrete floor, Pabco roof, and novelty siding” at the corner of Carmel and
High Street and $1,800 house next door with “concrete foundation, Pabco
roof, and novelty siding.” George Skiles is the contractor.
1930 Frank Willie Bell, 25, is a farmer and renter in McLennan County, Texas,
living with his younger brother Walter, farm laborer. Alberta London, 21, is
living with her father, mother, and siblings, her father a farmer and renter in
neighboring Falls County.
1931 Mabel A. Whitehouse purchases the Pages’ grocery and adjoining cottage.
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4
1933 Mabel and William Whitehouse sell the grocery to Missouri-born Otto H.
Burton but not (according to County Land Records) the cottage. However, the
Burtons are living there in the 1938–42 city directories and list themselves
as the owners in the 1940 US Census.
1938—42 Burton’s Cash Grocery is listed at 420 High Street in surviving city directories
(passim).
1938–45 Frank and Alberta Bell’s children Annie Louise (1938), Frank Lofton (1939),
Lillian Fay (1940), Ralph Long (1943), and Alvin Loznall Bell (1945) are born
in McLennan and Falls Counties, Texas.
1940 Frank Bell is a farm operator and renter in McLennan County, Texas, living
with Alberta and their two elder children, Annie Louise and Frank Lofton, in
the same house as five years previous.
1943 Otto and Ada Burton divorce. Otto deeds the cottage to Ada in April, Mabel
Whitehouse deeds the cottage to Ada in May, and Ada deeds the grocery to
Otto in June.
1944 Ada Burton sells the cottage to Frank and Frankie Weddell.
1947 Otto Burton sells the grocery to the Joaquin Craveiros, Sr. and Jr. Joaquin, Jr.,
back from military service, and his wife Eleanor (Elnora) run the grocery and
live next door.
Francisca and Joaquin Craveiro, Sr. flanking
waitress Jackie and Evangeline Craveiro.
Eleanor and Joaquin Craveiro, Jr. Photos from
War Comes to the Middle Kingdom.
Circa 1950 The Sister’s Inn, Annabelle’s Cafe, and Wilbur’s Club on the 100 and 200
block of Higuera Street form a hub of Black-owned businesses in what was—
till 1942 and Japanese American internment—San Luis Obispo’s Japantown.
1950–60 Joaquin’s Grocery is listed at 420 High Street in the city directory.
1951 Frank and Alberta Bell’s farm on the Brazos River is condemned to build a
power plant.
Circa 1952 The Eskimo Pie sign is painted on the west side of the grocery building ([?]).
1950 Joaquin, Jr. and Eleanor Craveiro are still living in the cottage next door to the
grocery, apparently renting from the Weddells.
Page 48 of 271
5
1951 Frank and Alberta Bell’s farm in McLennan County becomes one of several
Black-owned farms condemned by a White condemnation panel in order to
build a Texas Light and Power plant. One of the joint owners of a neighboring
farm, Viola Harrison Barrett, has already moved to San Luis Obispo.
1952 Frank and Frankie Weddell transfer the grocery cottage to Elizabeth Weddell.
1953– Other tenants than the Craveiros occupy the cottage.
1955 The Craveiros sell the grocery to Juvenal and Wilhelmina da Silva. Because of
an extant Silva’s Grocery on Broad Street, it continues to be listed as
Joaquin’s Grocery until circa 1961, when it becomes Silva’s Market.
1964 Nov. 3 The Da Silvas sell the grocery to Cecil and Florence German.
Mid 1960s The Sister’s Inn becomes the last of the Black hub businesses in San Luis
Obispo to close, Wilbur’s Club having closed soon after it opened and
Annabelle Warren having closed Annabelle’ Café in the mid 1950s to open
Club Morocco south of town.
1966 The Germans sell the grocery to Frank and Alberta Bell, who obtain loans for
its purchase from the Bank of America and Security First National Bank. The
Bells operate it as Tiny Mart.
1979 The Bells sell Tiny Mart to Alex and Anne Gough and Daniel Hall and Anne
Gaebe, the first owners who do not operate it themselves. Soon after, the
Goughs and Halls remove asbestos shingle from the building to discover the
original “novelty” siding and 1940s Eskimo Pie sign intact.
1980s Byron and Luis Westbrook operate the premises as Westbrook Hi Street
Market and Deli through the decade
1990s– Bruce Watson takes over High Street Market and Deli in the early 1990s.
Later it is run by Brian and Abbey Lucas, subsequent legendary operators of
Sebastian’s in San Simeon and Café in Cambria. Mia Russi and later Randy
“Doobie” Coates, children of the late Randy Coates of BlackHorse, have run it
to the present.
Page 49 of 271
6
3. Historic Context: The Corner Grocery
Suburbanization created the phenomenon of the corner grocery; food shopping had
previously been concentrated in street markets, town centers, or urban business districts.
The phrase appeared as early as 1809 in New York newspapers, as the city expanded
northwards. It appeared in a letter complaining that the watchman was drinking at a
corner grocery between 11 pm and midnight (so they seem always to have been operated
as convenience stores) and thus was unable to assist someone being mugged on Chatham
Street (so New York hasn’t changed).1
Roughly a century later, the corner grocery would begin to get a run for its money.
The Supermarket In 1917 the Lexington, Kentucky Piggly Wiggly allowed people to
select their own groceries from open shelves and check them out at the front, two decades
after Andrew Carnegie had introduced a similar concept for libraries. In groceries it
reduced staffing costs and made impulse buying easier. Unlike Carnegie, Piggly Wiggly
patented the concept—which didn’t stop it from proliferating among other vendors or from
being combined with equally economic concepts like cash and carry (replacing the expense
of customer credit) and grocery carts and parking lots (encouraging shoppers to purchase
more than they could carry).
America already had chain groceries: in 1863 a New York tea and coffee wholesaler added
retail outlets as the Great American Tea Company—later the Great Atlantic and Pacific Tea
Company and then A&P—and by 1875 was in sixteen American cities. By the early 1920s
the term “super-market” had entered popular usage, and technological economies joined
economies of scale to create supermarket chains as we now know them. The rise of cars
and explosion of corporate consumer products would spell the decline of the small, local,
personal, and convenient corner grocery and of this means of rising from the working class.
Pre-World War II Groceries in San Luis Obispo Major grocers were concentrated
downtown. The 1939 city directory includes the oldest local names: A. Sauer and Company
(from the mid nineteenth century) and D. Muzio (from the early twentieth), both on the
800 block of Monterey, as well as J. J. Andre’s San Luis Grocery and the White House (also
from the early twentieth century) on the 700 and 800 blocks of Higuera. Their extant
buildings are all in the Downtown Historic District; Sauer’s and Muzio’s are Master Listed,
the San Luis Grocery and White House buildings unlisted.
The first Japanese grocery, Tom Kurokawa’s, had opened in Chinatown during World War I
(its building now demolished). By the 1920s and 1930s, Japanese grocery/produce stores
were clustered in Japantown on the 100 block of Higuera between South Street and
Madonna Road (then French) and had become destinations for the best produce citywide.
(Their buildings have also all been demolished.)
The new chain supermarkets had arrived downtown by 1939: People’s Cash Store, A&P,
CHB, and Safeway on the 600, 800, and 900 blocks of Higuera, the Pioneer Market on the
800 block of Marsh. There were also a few specialty stores, like a Natural Food Products on
Chorro between Higuera and Marsh.
1. A Lover of Order, “Communication,” American Citizen, 26 Sep. 1809.
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Safeway, 967 Higuera Street, during World War II, now a parking lot between Union Bank
and Bluemercury. History Center of San Luis Obispo County.
This left, in the 1939 directory, the thirteen corner markets. Six of these have since been
demolished: Cook’s Grocery at Santa Rosa and Murray, Santa Rosa Market at Santa Rosa
and Mill, Mallory’s Grocery at Pismo and Beach, A. R. Smith Grocery at Broad and
Mitchell, Sun Grocery (Watanabe’s) at Higuera and South, and Wilson’s Grocery at Broad
and Sandercock.
Seven have survived in some form: the Spanish Revival Cobb’s Fremont Grocery (now
split into apartments) at Peach and Morro, false front Del Monte Grocery (now the Del
Monte Café) at Santa Barbara and Upham, Streamline Moderne Broad Street Market
(most recently Manuel’s Liquor, now vacant) at Broad and Branch, false front Cozy Corner
Grocery (now Sidewalk Market and Deli) at Osos and Pismo, false front Ragsdale Grocery
(now Gus’s Grocery) at Osos and Leff, the Pueblo Revival Vic’s Grocery (now Giant Grinder
Deli) at Broad and Upham, and false front Tiny Mart (in 1939 Burton’s Cash Grocery) at
Carmel and High. The Ellsworth Market (now Lincoln Market and Deli) was built later, in
the mid to late 1940s. Despite their names, most of the shops now labeled “market and
deli” function primarily as delis in their limited space (High Street Market and Deli with as
many as eight cooks in its tiny kitchen).
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Cobb’s Fremont Grocery,
1927
Ragsdale Grocery, ca. 1920s?
Del Monte Grocery, 1922
Vic’s Grocery, 1927
Cozy Corner Grocery, 1921
Ellsworth’s Market, ca.
1942–50
Manuel’s (Broad Street Market) as painted by Cynthia Meyer.
Landmarking Status Of the corner groceries surviving from 1939, none has been
Master Listed, and only one (Del Monte) Contributing Listed—despite architectural
distinction, significance, integrity, rarity, and threatened status.
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4. Architectural Significance of Tiny Mart
False Front Vernacular The Western False Front
style exerts a fascination over devotees of the frontier but
was merely an extension of standard urban architecture
into unfamiliar settings, structural types, and materials.
European and East Coast row buildings were constructed
contiguously of brick or stone with squared off parapets
and drained to the rear with flat roofs, rather than on their
neighbors with peaked ones. The sparseness of Western
towns, the common use of peaked roofs, and facades of
wood create a dissonance for the modern viewer, but
contemporaries seemed to have assumed that this is how
town buildings were supposed to look, particularly within
the prevailing Italianate and Eastlake styles of the era, and
perceived nothing inherently “false” about the fronts.
“False front” in brick, German
Village, Columbus, Ohio
San Luis Obispo’s Chinatown, circa 1900: the flat-roofed, Eastlake style Ah Louis Store in brick
with its square-facaded, peaked-roof, and box frame (single-wall load-bearing) neighbors.
History Center of San Luis Obispo County.
In San Luis Obispo in the late nineteenth and early twentieth centuries, the aesthetic stayed
the same and the materials, structures, and density transitioned to actual masonry and
brickwork with flat roofs and without gaps between. After the Great Chicago Fire and a
number of devastating fires of its own, San Luis Obispo instituted a Fireproof Building
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District, and wooden business buildings moved to more sparsely inhabit the outskirts of
town, either literally (the Tribune-Republic and Call Buildings being transported to Santa
Barbara Avenue near the new Southern Pacific depot) or figuratively (the old Call Building,
when it was burnt to the ground two years after its move, was replaced by a new free-
standing, peaked roof, wood frame building with a name—Chicago Hotel—and Italianate
facade both suggestive of urban sophistication). The square facade was handy for signage
but seems to have been rarely so used.
The Del Monte Grocery (1922) and Tiny Mart (1926), as corner buildings, could hardly
have been accused of trying to create a false impression with their fronts. With wood walls,
peaked roofs, and standing in isolation, they are splendid late exemplars of the style,
telegraphing their urbanness.
The Chicago Hotel in 1904 as the Park View (Triangle Park, or El Triangulo, across the street
having been San Luis Obispo’s sole park at the time) and as The Establishment today. The faux
stonework in the wood siding presumably dates from the 1917 expansion. By 1953, when Jack
Kerouac lived and wrote there, it was the Colonial Hotel and a railroad workers’ flop.
Tandem Buildings The
Tiny Mart is unusual but not
unique for having been
commissioned with a next-
door cottage for its first
proprietors, Herman and
Lola Page. Perhaps it served
as an inspiration for Vic’s
Grocery, built by A. J.
Victorino in brick the
following year, with a frame
and stucco house next door.
The cottage’s original siding that matched the store (and
neighboring Skiles cottages) persists only on the pediment.
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Pueblo Revival: A. J. Victorino House in stucco and Vic’s
Grocery in brick. Neither building is currently listed.
Grocery proprietors
continued to occupy Tiny
Mart’s next-door cottage into
the early 1950s. Through
that time, neighbors could
(and did) interrupt the
occupants for emergencies at
all hours: the reason its
young owners Joaquin and
Eleanor Craveiro decided to
become the first owners to
live elsewhere. (The cottage,
since the 1940s owned
separately, now has new
siding and fenestration and is
not part of this application.)
Unique Footprint on a Spanish-American Corner High Street is the first street at the
southern end of town to have been laid out on the American compass grid. It meets Carmel,
which was laid out on the Spanish-era grid that pointed streets in the direction of the
prevailing wind (from the ocean through the Chorro Valley). Hence Tiny Mart’s footprint,
running directly along the sidewalk, is unique among San Luis Obispo’s surviving corner
stores for its obtuse angle. The old Transfer and Stage Warehouse, a Western false front
building of corrugated iron at Upham and High Streets, appears to be the only building to
share a similar obtuse-angle footprint, with the old Simon Levi Co. grocery wholesaler
flatiron building across the street.
Eskimo Pie Mural Another aspect that makes the Tiny Mart particularly rare, possibly
unique, is its hand-painted mural advertisement for Eskimo Pies, a rare surviving form of
Americana and the only one of its kind of this subject documented to exist. The mural was
painted directly on the wall circa 1952, in the midst of a postwar advertising campaign that
featured, for the first time for the company, an Eskimo boy with features, coloring, and folk
clothing accurately depicted rather than caricatured or Europeanized. It was painted over
two days by two artists hired by the Golden State Creamery and covered three layers of RC
Cola advertisements.2
For roughly a quarter of a century, the painting was covered with asbestos siding. After the
building was purchased by its current owners in 1979 and the asbestos siding removed, the
mural was discovered and subsequently restored in 1989, 2002, and 2008 by prominent
local artists Mark Landstrom, Gini Griffin (then Allen), and Robert Maja.
Tiny Mart As the Center of a Mini Development Finally, Tiny Mart is the centerpiece
of something that contributes to the San Luis Obispo’s character-defining eclecticism: the
mini development or suburban cluster by one builder-architect. George W. Skiles, stone
engraver turned builder, constructed not only the grocery and adjoining cottage for the
2. David Middlecamp, “The Story Behind the Eskimo Pie Sign at High Street Deli,” Tribune,
16 Nov. 2017.
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Pages, he built the next cottage to the east on his own property, the cottage next to that for
his younger daughter, the next cottage but one on Carmel for a client, the next on his own
property, and moved the two cottages next to that on Islay from other locations. The
quality of the architecture and craftsmanship does not match W. J. Smith, John Chapek, or E.
D. Bray buildings, but it embodies a local architectural phenomenon.
Skiles-built buldings marked with red dots. Google Map aerial 3D.\
Similar view in 1951 aerial. History Center of San Luis Obispo County.
Closer view of six Skiles buildings, Tiny Mart in center, and two buildings moved by Skiles,
upper left.
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Social Milieu and Period of the Community The little grocery at the corner of
Carmel and High Streets represented a step into ownership and self-determination
(sometimes only temporary) by a series of hardscrabble immigrants to California, a version
of the American Dream that has largely disappeared to corporatization. Its owners were
several former farmers, former oil field worker, former bellhop and trucker, future trucker,
WPA laborer, and army sergeant; Easterners, Southerners, Midwesterners, Westerners, and
immigrants from Portugal’s islands. Only one, Herman Hinzy Page, who commissioned the
building, appears to have been born into the business, as his father was a dry goods
merchant and grocer, though US Censuses show Herman having done a number of jobs,
none of them, before he commissioned the store, related to groceries.
In addition, the corner grocery served as a way for women to enter the workforce: not only
wives but daughters. Otto Burton’s daughter was listed in the city director as clerk at
Burton’s Cash Grocery from the age of sixteen.
The grocery’s historic significance is based on its seventh set of owners and first African
American ones, Frank and Alberta Bell, who owned it between 1966 and 1979 and
operated it as Tiny Mart. But its architectural significance comes from reflecting its social
milieu and period, and it’s instructive to find out who its builder and owners were.
The Builder George W. Skiles was born in 1866 in Jackson County, West Virginia to
Mary Skiles and her husband Joseph, a farmer. From what can be ascertained from the US
Census, Joseph Skiles was from Ohio, and the family subsequently moved to Illinois, where
George’s younger sister Cynthia Mae was born in 1884.
George Skiles’ first wife Cora May was born in Michigan, their elder daughter Faye born in
1889 in Nebraska and younger daughter Bernice in 1891 in Illinois. In 1900 George Skiles
was working as a stonecutter in Mount Sterling, Illinois; in 1910 as a monument merchant
in Monmouth in the same state. But George’s parents and sister Cynthia had moved to
California, where Cynthia met Charles Eserio Foxen in his family’s department store in San
Luis and married him in 1908.
Charles Foxen was the grandson of William Benjamin (later Guillermo Domino) Foxen, who
acquired Rancho Tinaquaic—present-day Foxen Canyon in Santa Barbara County—in 1842
from its original grantee, Victor Linares, who then became majordomo of the Mission San
Luis Obispo and acquired the Ranch Cañada de los Osos. Charles’ father John married
Leonora Villa, daughter of ranchero Francisco Villa.
In 1915 Charles Foxen commissioned an elegant $1,400 John Chapek bungalow at 958
Pismo Street. In 1929 Charles and Cynthia commissioned an $8,000 James Jepson Spanish
Revival house at Johnson and Higuera that was so grand it later became a mortuary (it’s
now an office building). In 1918 Cynthia built the Foxen Apartments at Osos and Pismo
(another Chapek commission). Her brother George moved to San Luis sometime in the
teens, remarried, carried on his trade as a stone carver into the early 1920s, and then
became a builder of modest projects.
George Skiles did a combination of jobs for himself, relatives, and others, with surviving
permits issued 1921–1931. They were mostly simple frame buildings with minimal
articulation, unlike the contemporary late Craftsman and early Minimal Traditional revival
buildings of higher-end rivals like Maino, Smith, Chapek, Jepson, and Bray.
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Nonetheless, Skiles left his mark on the city. According to the San Luis Obispo Building
Permits File at Cal Poly Special Collections, he built the three cottages to the east of the
Page Grocery, now 368, 374, and 378 High Street, in 1926 and 1927, for H. H. Page, himself,
and his daughter Faye. 374 and 378 are narrow rectangular houses with passing references
to American Craftsman (low-pitched roofs and somewhat skinny elephant leg columns
holding up a minimum of porch).
Skiles also built the cottages one and two lots north of the grocery at 1610 Carmel (German
Cottage style with Craftsman elements) and 431 Islay (no style in particular), in 1926 and
1931, for Mr. and Mrs. W. C. Martin and himself. The next two houses on Islay, 443 and 451,
Skiles and his second wife Edith had moved to the location in 1925.
George Skiles died in 1935, four years after his last recorded permit.
The Pages Herman Hinzy Page was born in Iowa in 1867, the son of a dry goods
merchant and grocer. By the 1900 census, he and wife Lola Melvina, nine years younger
and also from Iowa, were farming in Kansas. By 1905, when their younger son was born,
they were in California, and the 1910 census had Herman working as a plumber in Arroyo
Grande. By 1920 he was a pumper at the Casmalia oil fields in Santa Barbara County.
Herman Page—apparently knowing the business well enough to know a neighborhood
grocer had to be on call for emergencies—commissioned the store and next-door cottage
from contractor George Skiles in 1926, when Page was almost sixty, at $1,800 for the
residence and $1,100 for the store. There is no indication in county land records of a
mortgage, so they seem to have had cash in hand for almost $3,000 of construction, as well
as outfitting and stocking the store and purchasing the land from their contractor.
The Whitehouses After five years, and at the beginning of the Great Depression, the
Pages sold the grocery and cottage to Mabel A. Whitehouse and her husband George A.
Whitehouse. They owned the business for two years and don’t appear to have lived in the
area previously or stayed subsequently. Indeed it is not definitively clear who they were or
where they were from.
The Burtons In 1933 Otto and Ada Burton bought the grocery from the Whitehouses
and possibly the cottage next door; they certainly lived in the cottage, and when they
divorced in 1943, Otto took the grocery and Ada the cottage, which she sold in 1944.
Otto Burton was born in Missouri to parents from Indiana, his father farming a rented farm
in a township, Austin, that no longer exists. By age seventeen, according to the 1920 census,
Otto was living with his parents, elder brother, and younger sister in the America Hotel in
Visalia, working as a bellhop while his mother worked as a chambermaid, his father as a
farmer, and his brother as a laborer for a transfer business. The two brothers stayed in
California, while the rest of the family appears to have returned to Missouri, where Otto’s
younger sister married. By 1930 both brothers were married, Jesse working as a railroad
fireman and living in San Jose, Otto as a trucker in Visalia, married to Ada Welks of a
longtime Visalia ranching family.
Otto and Ada’s business was Burton’s Cash Grocery—a wise choice for the 1930s. When J. J.
Andre, who owned a grocery store on the 700 block of Higuera, died in 1939, “there were
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over $35,000 owed to him on his books. … Most of the money was never paid.”3 Japantown
produce grocer Yoroku Watanabe declared bankruptcy in early 1933—with assets greatly
exceeding debits but “mostly in bills collectible”—shortly before the Burtons went into the
grocery business.4
Otto Burton stayed in the business till 1947; by 1942, his sixteen-year-old daughter,
according to the city directory, was working as his clerk. By 1950, according to the city
directory, none of the Burtons, at least under that name, was still in San Luis.
The Craveiros Azorean immigrant Joaquin Craveiro and his California-born son
Joaquin, Jr. bought the store in 1947 and renamed it Joaquin’s Grocery. Sgt. Craveiro, back
from 1941–45 Army service, and his wife Eleanor (Elnora) Ormonde Craveiro ran Joaquin’s
Grocery and lived next door, renting from Frank and Frankie Weddell, who’d bought the
cottage from Ada Burton.
Joaquin, Sr. had come from the Azores around the age of twenty, with experience in
whaling, and settled in the San Joaquin Valley to learn dairy and farming.5 Eventually
Francisca joined him, they married, purchased a dairy in Hanford, and raised a family.
Subsequently they farmed near Visalia, but after a farming accident, they moved to San Luis
Obispo, where they took over the Golden West Restaurant on the 600 block of Higuera
from fellow Azorean Mary Serpa in the late 1930s.6
Joaquin, Jr. and Eleanor got tired of being disturbed at all hours and moved away from the
grocery’s next-door cottage. They also commissioned the Eskimo Pie sign, based on the
company’s contemporary advertising. After the Craveiros sold the market to the Da Silvas,
they stayed in San Luis, and Joaquin worked the rest of his career for the school district.
The Da Silvas Juvenal and Wilhelmina da Silva were living in Cambridge,
Massachusetts in 1940, Juvenal sewing for the Works Progress Administration—having,
according to immigration records, been a laborer in the textile mill town of Lowell,
Massachusetts as early as 1920. Juvenal was from the Portuguese island of Madeira,
Wilhelmina also from Portugal, and presumably they acquired the grocery from the
Craveiros through the same ethnic network as the Craveiros used to take over the Golden
West Restaurant from the Serpas. Juvenal would have been about fifty-six, Wilhelmina
about forty-eight when they bought the grocery—not far off the ages of the Pages—and
they lived three blocks away at 720 Upham Street.
The Da Silvas ran the grocery for nine years. For the first few of these they continued to call
it Joaquin’s Grocery, since—there being so many Portuguese in town, and dozens of them
Silvas—a Manuel Silva happened to be running the old Smith Grocery at Mitchell and Broad
as Silva’s Grocery. Once the Vieiras took over Silva’s Grocery and renamed it the South
3. Peter Andre, Memoirs of a Small Town Boy, p. 10.
4. “Bankruptcy List Is Augmented by 17 New Petitions,” Los Angeles Illustrated Daily News,
16 Feb. 1933.
5. Evangeline Kirk, “‘Sit Down Over There,’ He Would Say Sternly,” in War Comes to the
Middle Kingdom, Stan Harth, Liz Krieger, and Dan Krieger, eds. (San Luis Obispo: EZ Nature
Books, 1991), p. 65.
6. “Joaquin Joseph Craveiro,” obituary, Tribune, 1 Oct. 2011.
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Broad Street Market, Joaquin’s Grocery became Silva’s. In 1964 the Da Silvas sold their
grocery to the Germans and retired to their house in San Luis.
The Germans Cecil and Florence German owned the grocery for only two years before
selling to the Bells and, like the Whitehouses, did not come from San Luis Obispo or remain
here, moving to Yucaipa, where Cecil worked as a truck driver until retirement.
The Bells Frank and Alberta Bell took over Tiny Mart at about the same age that
Juvenal and Wilhelmina Da Silva retired from it—and ran the grocery for thirteen more
years, till Frank was in his mid and Alberta in her early seventies. The Bells were farmers in
Central Texas till their farm and those of neighboring black farmers was condemned by an
all-White condemnation panel for construction of a power plant in 1951. One member of a
neighboring farming family had made it to San Luis Obispo; Frank Bell seems to have
worked some years as a janitor in San Luis—for the county government, a hospital, and a
bowling alley—before buying the grocery. The Bells purchased the grocery from a rural
route address outside San Luis, continued to live there for the next five years, then lived on
and retired to 498 Mitchell Drive.
The corner grocery business did not require too much education, expertise, capital, or risk.
It required long hours but not the backbreaking labor and safety hazards of a farm or an oil
field and could ease owners into retirement. Most important, it provided the combination
of independence and status otherwise unavailable to the factory worker, trucker, or janitor.
Tiny Mart’s Eskimo Pie Mural: Historic Popular Art and Current Sensibilities The
Eskimo Pie sign was painted on the side of the building freehand by two artists hired by
Golden State Creamery, the Northern California ice cream manufacturer licensed to
produce and distribute Eskimo Pies in this region, in the early 1950s, while the Craveiros
owned the grocery. Based on Eskimo Pie’s contemporary advertising, it was claimed, after a
2007 restoration, to be one of only two such murals known to have survived, though I can
find no evidence of another (Middlecamp, op. cit). Covered by asbestos siding not long after
it was painted, it was rediscovered in the early 1980s, when Alex and Annie Gough and Dan
and Anne Gaebe Hall bought and restored the building.
The mural was restored by local artists Mark Landstrom and Gini Griffin in 1989 and again
by Dominican artist Robert Maja in 2007. It was reproduced in the San Luis Obispo
Children’s Museum in 2004 by photographer and Cal Poly faculty member Brian Lawler
and featured in the 2012 San Luis Obispo Public Art Master Plan (pp. 38–39), a 2012 SLO
Life article on Maja, and a “Photos from the Vault” column in the Tribune in 2017, where
artist Landstrom described it as “a neighborhood icon.”
Eskimo Pie Controversies These controversies include the term Eskimo itself; the
cultural appropriation of an indigenous people as a commercial brand name; the portrayal
of such people in promotional material; and the destruction, defacement, or covering up of
the resultant art that some people may find offensive.
The word Eskimo Eskimo is thought to derive through Spanish and French from
ayas̆kimew—"person who laces a snowshoe”—an Innu/Montagnais word. The Innu are a
neighboring non-Inuit Canadian First Nations people, and it is a not uncommon
phenomenon for the European name for an indigenous group to be provided by the
neighboring indigenous group arrived at first, for instance, Comanche, from the Ute
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Mark Landstrom and Gini Griffin restoring the Tiny Mart mural in 1989 (Wayne Nicholls,
Tribune) and the mural today. The face has since been altered to diverge from the original,
which resembled the advertising campaign. The effect is slightly reminiscent of the Ecce
Homo restoration by volunteer restorer Cecilia Giménez at Borja, Spain in 2012.
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kimantshi, “enemy.” Such names are not necessarily considered offensive; Apaches publicly
and officially refer to themselves as Apaches, from a Spanish word probably of Zuni origin.
“Eskimo” was first applied to the Mi’kmaq (another non-Inuit First Nations people) and
later to Russian Yupighyt; Alaskan Yupik, Cup’ig, and Iñupiat; Canadian Inuit; and
Greenland Kalaallit.
Since 1977, the Inuit Circumpolar Conference in Canada has called for the use of Inuk/Inuit
in place of Eskimo/Eskimos for circumpolar native peoples. This designation has been
rejected, however, by non-Inuits, e.g., those in Greenland, who refer to themselves as
Greenlanders or Kalaallit; in Alaska, Yupik or Yup’ik, Cup’ig, and Iñupiat; and in Russia,
Yupighyt.
There is currently no word that encompasses all of these peoples other than Eskimo, which
is considered offensive by some circumpolar native peoples (particularly in Canada),
normal and inoffensive by others (particularly in Alaska), and of lesser preference by many
to their self-designated terms (Inuit, “people”; Iñupiat, “original person”; Yupik, “real
person”; Yupighyt “true people”). Eskimo remains widely used in technical and scholarly
contexts, without a current substitute when referring to the totality of circumpolar native
peoples.
Eskimo Pie In 2020, after ninety-nine years, the Eskimo Pie brand was retired,
replaced by its owner, Dreyer’s Grand Ice Cream, with Edy’s Pie. It is hard to exaggerate the
impact of the Eskimo Pie in American popular culture over that near-century.
Eskimo Pies were introduced under that name in the Midwest in November 1921 and by
the end of December were claimed (possibly exaggeratedly) to be selling at the clip of a
million a day (though 1922 figures do suggest half a million a day).
Eskimo Pies went into national distribution in January 1922, licensed to local and regional
ice cream makers. An REO Speed Wagon rushed an Eskimo Pie through a blizzard from
Chicago to the White House for President Harding’s Thanksgiving Dinner in 1922, making a
record run of 801 miles in 27 hours and 48 minutes.7
Eskimo Pies were sold in Japanese American internment camps; their sales jumped to GIs
in World War II.8 Bob Hope joked about Eskimo Pies, Walter Winchell dished on them, Dale
Carnegie sermonized on them, and mobster Frank Costello claimed to have manufactured
them (the company responding with “a frigid corporate statement”).9 S. J. Perelman wrote
7. “Wonderful Run of REO Speed Wagon,” Patriot Ledger, 5 Dec. 1922.
8. “Canteen Cowboy Sez,” Manzanar Free Press, 29 July 1942;“Briefly,” Poston Chronicle, 21
Nov. 1944; Maurtia Baldock, Guide to the Eskimo Pie Corporation Records, Smithsonian,
National Museum of American History, Kenneth E. Behring Center, 1998, p. 2.
9. Bob Hope, “Bob Hope,” Chicago Sun-Times, 11 Mar. 1948; Walter Winchell, “Leslie Caron
Works Alone,” Boston Record-American, 21 Dec. 1961; Dale Carnegie, “Dale Carnegie,”
Sadalia Democrat Sun, 11 Feb. 1940; “Eskimo Pie Corp. Gives Costello Cold Shoulder,” Daily
Herald 25 Mar. 1951; Don Dornbrook, “‘Westward Ha!’ with Perelman Wit Unfurled,”
Milwaukee Journal, 8 August 1948; “Sharing an Eskimo Pie at a Paris theater …,” Boston
Daily Record, 13 May 1955; “MacMillan Plans to Carry Eskimo and Eskimo Pie,” New
Orleans States, 26 June 1925.
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about French patricians eating them, Grace Kelly was photographed sharing one with her
latest love interest in Paris, and the American explorer Donald Baxter MacMillan carried
them to the Inuit of Baffin and Ellesmere Islands. The Smithsonian’s National Museum of
American History holds the Eskimo Pie Corporation’s records. Eskimo Pies’ success became
a byword for fads but also part of the myth of American ingenuity and the belief anyone
could succeed with a good idea and determination.10
Various origin stories have circulated, but in a 1922 version purporting to be in the words
of inventor Christian Kent Nelson and now generally accepted, in his late twenties he was
teaching high school math during the day and running an ice cream shop at night in tiny
Onawa, Iowa, looking for a product that would keep him going during the winter.11 In late
1920 or early 1921, seeing a boy with only a nickel unable to choose between ice cream
and a chocolate bar, he came up with the idea of a chocolate-covered ice cream bar. After
asking a traveling candy salesman how chocolate was diluted for coatings at a low
temperature, he experiment with covering ice cream blocks with cocoa butter–softened
chocolate, tried the result out on Onawans with great success that summer (as I-Scream
bars), and patented the result in October 1921. He partnered with a fellow Iowan, Russell
Stover, manager of a chocolate factory, who suggested the name Eskimo Pie and who in
early literature often got the credit for inventing them, their company being named after
Stover.
The little boy with the nickel would have been out of luck, at any rate, since Eskimo Pies
initially cost a dime. Stover sold out early (with legal fees for defending the patent and
copyright eating away at the profits), and with his wife he started the candy company that
still bears his name. Christian Nelson also sold out but soon got bored and came back to
work for the Eskimo Pie Corporation under its new owners, US Foil (later Reynolds), who
made its packaging, until his retirement in 1961—a retirement significant enough, four
decades after the pie appeared on the scene, to be covered nationally, including by Walter
Winchell. Winchell squeezed him between Leslie Caron and Alvin Ailey and posited,
“Richer, it is suspected, than the gov’t.”
Cultural Appropriation in Branding An unsourced story of the Eskimo Pie’s branding
is that Stover’s sister went to the Omaha Public Library to look up words evocative of
cold.12 There was certainly no early consistent effort to tie the product to actual Eskimos,
and when images of Eskimos were used, they were unstable, reacting to contemporary
aesthetics and such events as the release of the documentary Nanook of the North.
As well, both the technology and branding were licensed to local ice cream manufacturers,
who seem to have paid for and designed many of their own advertisements, while other
ads used nationally-available images and layouts with space for local manufacturer names.
There were also some national ads without local manufacturers attached.
10. “Former Fads That Once We Followed,” Riverside Daily Press, 18 Jan. 1923; “Eskimo Pie
Inventor, Deaf to Jeers, Makes Fortune,” Wilkes-Barre Times-Leader, 4 Feb. 1922.
11. “Eskimo Pie inventor Receives $2,000 Daily,” Stamford Advocate, 21 July 1922.
12. The earliest mention I can find of this is on the Nebraska State Historical Society’s
Website, Apr. 2003 (“Made in Nebraska: Food and Beverages”).
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1921 The original packaging featured a midnight sun, some version of which has been
used almost to the present. The 1921 advertisements explained what the product was
without any illustrations.
1922 At the nationwide launch at the beginning of 1922, there were a number of
different national and nationally-branded local campaigns. One of these latter was a brief
January campaign featuring a caricature of an Eskimo man with the legend, “‘Iggly Gook,’
Meaning, ‘I Ain’t Mad at Nobody’” and appearing in newspapers in Knoxville and
Chattanooga, Tennessee; Duluth, Minnesota; and Los Angeles, California, with the LA one
accompanied by caricatures of Dutch girls in the pointed and winged folk bonnets of
Volendam, the branding for National Ice Cream (despite its name, a local firm). A different
image of an Eskimo with the legend “Ugglee—Goo—Gee Meaning ‘Ain’t Eskimo Pie Grand?’”
appeared in a Wilks-Barre, Pennsylvania paper also in January 1922.
The nonsense words seem to have been tied to an effort to make Eskimo Pies mysterious
again as they were being introduced nationally; such was the message being given to
journalists. At any rate, this brief campaign was the extent of advertising related to Eskimos
in the months surrounding the launch of the brand. Other ads from the early part of the
year evoked iciness or showed pictures of the product itself, the midnight sun trademark,
or White people enjoying Eskimo Pies.
Dominance of White images in Eskimo Pie advertising, 1920s–1960s
Wichita Beacon, 1922
San Diego Union, 1927
Right: Dallas Morning News,
1956
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21
Milwaukee Journal, 1962 and
San Diego Union, 1956
Nanook of the North and the Eskimo Boy in Advertising Things changed in June of
1922, when Robert J. Flaherty’s groundbreaking documentary Nanook of the North became
a hit. In October and November, Abbotts, a Philadelphia ice cream chain, featured an
Eskimo boy in its ads, though after an initial appearance he was Europeanized. Brown’s
Velvet Ice Cream of New Orleans portrayed somewhat Kewpie-like Eskimo toddlers in its
ads, though the Eskimo Pie company’s own ads focused on a White girl in a short skirt and
Mary Janes in front of an igloo.
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22
Decatur Herald, 1 Jan. 1922
Constructivist-style ads
(compare the work of László
Moholy-Nagy) from the Fort
Wayne News Sentinel and
Evansville Courier and
Press, 26 Jan. 1922
Part of the short-lived
January 1922 campaign with
a caricatured but not
Europeanized Eskimo in a
onesie with Dutch girls in
Volendam bonnets below,
Los Angeles Times, 10 Jan.
1922
Wilks-Barre Times-Leader,
27 Jan. 1921, with a
language-eating pun. The
White people enjoying
Eskimo Pies are far more
characteristic of
contemporary ad
illustrations for the product.
Theatrical poster, Nanook of
the North, June 1922
First Eskimo Pie boy,
Philadelphia Inquirer, 11
Oct. 1922
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23
The Abbotts Eskimo Pie boy
Europeanized, Philadelphia
Inquirer, 24 Nov. 1922. In
contrast, the costume is
rendered more accurately,
with fur-outward outer
parka and outer trousers,
mitts, and outer boots
Chicago Daily News, 22 Nov.
1922, with a mix of Eskimo
and European iconography
This late 1923 ad copy could
be mistaken as a clarion call
for racial and cultural
endurance, and the style is
Soviet Realism. The ad copy
is also, uniquely, in the first
person of circumpolar native
peoples, addressed to
everyone else. Washington,
DC Evening Star, 9 Nov.
1923.
Glamorized Eskimo, with
accurate clothing and non-
European features, though
looking suspiciously like
Anna May Wong. (Wong was
growing famous at the time
but was not yet a breakout
star). Columbus Dispatch, 19
Nov. 1923.
In 1926 two Eskimo boys,
Enoch and Enitaksak, visited
Ohio and gave talks and
press interviews, including
discussions of their clothes
and language—full circle
from the caricature and
nonsense language of the
January 1922 ads.
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Last appearance of an
Eskimo boy in an Eskimo
Pie ad for, apparently,
twenty years. Schenectady
Daily Gazette, 3 Dec. 1927.
Although they disappeared
from advertising in the
1930s , Eskimo caryatides
held up Eskimo Pie’s
innovative dry ice coolers,
which made the product
available in corner stores
without freezers, from the
late 1920s to at least the
1950s
Eskimo Pie as urban
sophistication, though with
a somewhat Dadaist
combination of images. It
includes reference to the
Eskimo Pie Time radio
show. Milwaukee Journal, 1
Oct. 1929.
Description of the start of
the winter trapping season,
Violet, Louisiana, W. G.
Wiegand, “Down the
Spillway,” New Orleans Item,
14 Nov. 1937
Sheet music for Dale
Wimbrow’s 1941 O! My,
Eskimo Pie shows Whites in
Eskimo Clothing.
The Eskimo boy introduced
in 1947, the model for the
Tiny Mart sign. His costume
is more articulated, showing
avitat (Inuit)/akurun
(Yupik) mosaic trim of black
and white caribou skin on
parka and boots, though the
laces on the chest (below)
appear to be an invention.
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He also has darker skin and
more characteristically
Eskimo hair and features
than previous portrayals.
Golden State ad, San
Francisco Chronicle, 18 Aug.
1947
“The star of our show”: stills
from theatrical commercial,
circa 1950 (Youtube).
Eskimo boy with polar bear
and penguin, unknown
source, probably sign, circa
1950.
The doll-like portrayal from
1958 on is reminiscent of
Disney designer Mary Blair’s
designs for It’s A Small
World (below), although the
ride postdated it, fabricated
by Walt Disney for the 1964
New York World’s Fair
UNICEF Pavilion. Audio-
animatronicist Blaine Gibson
designed the shape of each
face to be identical, with
distinctions in skin, eye, and
hair color.
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By the mid 1960s the Eskimo
Pie boy was indeed a doll for
a White girl: Cleveland Plain
Dealer, 13 May 1965. The
Eskimo boy was retired
shortly after, though he
recurred in packaging as late
as the 2010s (below) with
doll-like face and white skin
coloring.
White’s Department Store
ad, Boston Herald, 13 Nov.
1942
Manzanar Relocation Camp:
Manzanar Free Press, 29 July
1942
Poston Relocation Camp:
Poston Chronicle, 21 Nov.
1944
Al Hirschfeld caricature of a
French Legion of Honor
reciptient, S. J. Perelman’s
Westward Ha!, 1948
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Eskimo images continued in 1923. One of the more interesting ones was of a dramatic
Socialist Realist Eskimo boy leaping forward with the legend “We Are Still Here.” In
contrast, in the same month of November (Eskimo pies in some markets were only sold
during the winter) was a glamor Eskimo who looked like Anna May Wong. As Nanook of the
North receded, interest seems to have dwindled, and after 1923 only one Eskimo appears
in advertising, a boy in some advertising in the New York–New Jersey area.
1920s–1950s: Caryatides After selling out in 1924, Christian Nelson had returned to
the company and among other innovations introduced Eskimo Pie dry ice coolers for stores
without freezers. In a design that seems to have persisted from the late 1920s to at least the
early 1950s, these were held up by adult male Eskimo caryatides. These presumably were
the reference for the girls’ hooded “‘Eskimo Pie’ suit” advertised by a Boston department
store in 1942, as otherwise Eskimo pie merchandizing in the 1930s had turned to radio
(jingles [“Oh, My, Eskimo Pie”] and Eskimo Pie Time, a folk song show), as well as wrapper
promotions—with no graphics. Except the sculptures holding up the coolers, images of
Eskimos seem to have disappeared. There was also little if any advertising during World
War II.
1947: The Return of the Eskimo Boy The postwar era introduced a new campaign
around an Eskimo boy, and now he was a boy of Eskimo features and skin tone and largely
authentic folk clothing: neither caricatured nor Europeanized. He also made it into film in
color movie theater promotions. The campaign lasted in earnest about five or six years,
though his image turned up as late as 1957. This is the image in Tiny Mart’s Eskimo Pie
mural, painted by the artists from Golden State Creamery. His costume in the ads showed
mosaic trim of black and white caribou skin on his parka and outer boots, though the laces
on the chest (below) appear to be an invention
The Eskimo boy disappeared for a few years and then came back in a more stylized and
doll-like form (proto-Disney) in 1958. By this time the company was trying to convince
people to buy multi-packs from supermarkets to take home by their new cars to their new
freezers for boom babies, rather than individual pies from corner groceries. Happy White
families increasingly made their way into advertisements. But the Eskimo boy was still
turning up as late as the 2010s.
Destruction, Defacement, or Covering Up Historic Art In cultural heritage
preservation, there are ten recognized agents of deterioration:
1. Physical Force
2. Theft and Vandalism
3. Fire
4. Water
5. Pests
6. Pollutants
7. Light
8. Temperature
9. Humidity
10. Dissociation
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To that could be added an eleventh: Censorship. Tiny Mart, which survived other agents of
deterioration to suffer from dissociation from its Black history, also includes a period
mural that a few people have suggested destroying or covering up.
The mural’s branding is indeed racial advertising and an example of commercial cultural
appropriation. The imagery of the 1947–1953 campaign was not, however, demeaningly
racist. The Eskimo boy was not subservient but exotic. He even provided some cultural
diversity to the overwhelmingly White dominance of advertising and some authenticity
compared to the subsequent Disney-like homogenization and anodynization of world
cultures (e.g., It’s a Small World, which originally functioned as a World’s Fair UNICEF
pavilion). Eskimo Pie was a distorted lens through which to see circumpolar native
peoples—but at least the lens existed as an alternative to invisibility. When a photograph of
American servicemen playing softball with an Eskimo boy appeared in numerous papers
during World War II, the somewhat irrelevant heading was “Eskimo Pie.” But without the
brand and association, would the photograph have run at all?
There have been recent and unresolved controversies regarding the proposed destruction
or covering up of public art that portrays earlier White views of non-Whites. At George
Washington High School in San Francisco, a 1936 Works Progress Administration mural by
Communist artist Victor Arnautoff, an anti-racist critic of government and history, was
slated for destruction or concealment—for its depictions of African American slavery and
violence against Native Americans—by a unanimous vote of San Francisco’s school board.
This decision created a huge and unresolved local and national controversy, including
being supported by some and opposed by others in the Black and American Indian
communities, with locals and prominent cultural leaders on both sides. Among those who
opposed destruction were Black Panthers who had organized and executed the painting of
murals in response to Arnautoff’s murals in the late 1960s and early 1970s.13
Tiny Mart’s Eskimo Pie mural, as a historic artwork, has attracted great affection over the
decades and some controversy of late, as San Luis Obispans address—or fail to address—
more substantial issues of systemic racism and inequality. Clearly cultural appropriation in
art and commerce is objectionable though probably will never be completely avoided
unless all races and cultures descend into solipsism. Censorship, though, tends to smack of
paternalism and virtue-signaling, and censorship of the past risks obliterating a detailed
and accurate understanding of history and thus the ability to move substantially forward.
Master Listing Tiny Mart will preserve for multiple interpretations a complex landmark in
San Luis Obispo’s racial history and history of racism, and the Eskimo Pie mural is part of
that full story. More important, Master Listing will foreground the struggle of Frank and
Alberta Bell to find an independent and respected place as Black business owners in a
postwar California that systemically shunted Blacks into inferior jobs and refused them the
means to achieve better housing or economic success.
13. Ben Davis, “This Artist Painted the Black Radical Response to the George Washington
Slaveholder Murals. Here’s Why He Stands Against Destroying Them,” Artnet News, 10 July
2019.
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5. Historic Context: The Great Migration of African Americans
The borders of the Great Migration are the US Censuses of 1910 (after which the drop in
the Southern Black population began) and 1970 (after which the Southern Black
population stabilized, though there was still movement in the rest of the country, e.g., to
California). The Great Migration was both a geographical movement (from the South to the
North, Midwest, and West) and social movement (from rural to urban areas). At the
beginning, more than 90% of African Americans lived in the South; by 1970, about half.
The Bell family would become part of that exodus from Southern agriculture to Western
urban commerce, and Tiny Mart would become a significant landmark of Black business
ownership in San Luis Obispo—ownership, in a small way, of the means of production and
a symbol of the beginning of acceptance of Blacks into America’s financial system.
Black Demographics of California and San Luis Obispo County and City African
Americans were a small proportion of the population of American California in the
nineteenth and early twentieth centuries and did not trend upward till the Great Migration
from the South. The Black proportion of the population of California was, in
1850 1.0% of 92,597 people
1860 1.0% of 379,994
1870 0.8% of 560,247
1880 0.7% of 864,694
1890 0.9% of 1,213,398
1900 0.7% of 1,485,053
1910 0.9% of 2,377,549
Compare the Chinese, who had risen to 9% of California’s population by 1860 (resulting in
Congress passing Chinese Exclusion Act of 1882).
In remote San Luis Obispo, the figures were even lower. In the 1850 US Census, San Luis
Obispo County listed one Black person (George Frisbie, a 22-year-old cook from New York
State) of 336 people enumerated, or 0.3%. The 1860 census listed 7 out of 1,782, or 0.4%.14
(The 1860 census also had a category for Mulattoes, but at this time in San Luis Obispo
County the category was used for Indians, not Blacks—except possibly for one Portuguese-
born cook.)
Between 1880 and 1890 the number of Blacks in San Luis Obispo County increased from
under 30 to over 450 and from 0.3% to 2.8%, presumably because of Southern Pacific
construction; as a result of partial destruction of the 1890 census it is impossible to know.15
14. Transcription of 1850 census by Susan C. Parks, 2002; of 1860 census by Rhonda Jones,
1999.
15. Joshua Michael Harmon, “But Not In Vain”: The Civil Rights Movement in San Luis Obispo,
California, 1947–1969, master’s thesis, Department of History, California Polytechnic
University, San Luis Obispo, 2009, p. 13.
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But by 1910, the 72 Blacks and 5 Mulattoes recorded by the census in San Luis Obispo
County comprised, again, only 0.4% of the population.16
During the Great Migration of African Americans from the rural South—and federal
suppression of Chinese and Japanese immigration and later internment or internal exile of
Japanese—the Black proportion of California’s population grew gradually—then after
World War II dramatically:
1920 1.1%
1930 1.4%
1940 1.8%
1950 4.4%
1960 5.6%
1970 7.0%
1980 7.7%
Its peak was 1980. Then the percentage of the Latino population doubled and of the Asian
population tripled, leaving the Black population with still growing numbers but declining
percentages:
1990 7.4%
2000 6.4%
2010 6.2%
San Luis Obispo County continued to lag behind statewide figures. The postwar influx
brought the Black population up to only 0.7%—though that was from 0.1% in 1940
(Harmon, op. cit., p. 14). By 1990 the Black population of the county was at 2.2%, by 2000
had declined to 1.9%, and by 2010 risen to 2.1%. The City of San Luis Obispo, in contrast,
went from 1.9% to 1.3% to 1.2% for its Black population in 1990–2010. The county’s Black
population has increasingly concentrated in unincorporated areas, Paso Robles, and
Atascadero, which last was founded as a Whites only town17
Black Residents and Businesses in the City of San Luis Obispo Of the twenty-six
African Americans living in San Luis Obispo County in 1940, three were residents of the
Pacific Hotel in San Luis Obispo’s Japantown, on the 100 block of Higuera, as numerous
other neighborhoods were covenanted against both Blacks and Asians (e.g., Fixlini, Mount
Pleasanton Square, Anholm, and Monterey Heights). Those three were Joe Hubert Hall, a
porter at the stage lines; Russell Massengale, a janitor at the nearby highway building; and
Minnie Allen, a widow; born, respectively, in Oklahoma, California, and Indiana. Five years
previously, Hall and Massengale were both living in San Luis, Allen in Los Angeles, but none
of them are listed in the 1938, 1939, or 1942 city directories (those still surviving from the
period), part of the difficulty of documenting minority communities.
San Luis Obispo’s Japanese Americans were interned in 1942. By the 1950 directory (the
next one surviving), the former Japantown had become largely Black and Mexican-born in
16. “Table 29. General Statistics of the Negro Population of the United States, by Counties:
1910,” Bulletin 129: Negroes in the United States, Twelfth Decennial US Census.
17. City of San Luis Obispo Housing Element, April 2010, Table A-5; SLOCOG Regional Profile,
“Population,” 2004, Table 2-6.
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its residents, Black in its businesses, and these new Black residents and business owners
were predominantly from the South. Small business for Blacks as for Japanese Americans
was way to move up despite persistent racial discrimination. Four documented Black-
owned businesses circa 1950 were Wilbur’s Club and Annabelle’s Café on Higuera’s 100
block, The Sister’s Inn on the 200 block, and Club Morocco south of town.
The Sister’s Inn, in the building previously
occupied by Kingo Inao’s OK Café at 208
Higuera, was co-owned by Annabelle
Warren and Texan Alice Harris. In 1948
Warren sold her half share to Harris for
$300, and in the 1950 San Luis Obispo city
directory, Warren was shown owning
Annabelle’s Café, at the site (190 Higuera)
where Frank Urabe had opened a chop suey
restaurant in 1931. Annabelle’s Café later
moved to a different site on the block.
Sister’s Inn Collection, Cal Poly Special
Collections and Archives.
The Sister’s Inn, late 1950s, with Alice
Harris’s house at 195 Brook Street just visible
rear left. Sister’s Inn Collection, Cal Poly
Special Collections and Archives.
Then by the mid 1950s Warren closed her
cafe and opened the interracial Club
Morrocco on the Old Highway south of
town, with a mixture of live and recorded
music. According to a chattel mortgage for
the Club Morocco’s contents that Warren
took out in 1957 from Cecil Evans, her
former landlord at both of her Annabelle’s
Café sites, the club was the real property of
Camden Hathway, the well respected but
louche brother of the well respected and
somewhat corrupt Sheriff Murray Hathway.
Club Morocco—which had a countywide
reputation for musical entertainment and
fracases and shootings—looms large in
local memory, and it operated into at least
the late 1960s.
Wilbur Owens, who had moved with his family from Texas, ran the short-lived Wilbur’s
Club at the Pacific Hotel, which had reverted to its original name of the Clover Hotel. The
1950 city directory shows him running a restaurant in the hotel, and in June 1950 he
purchased a beer and wine license for the club from Hope and Larry’s Café in Templeton.
But fourteen months later, in August 1951, he sold the license to Alice Harris and James
Bowers for the Sister’s Inn. After that Owens appears to have gone back to his day job as a
janitor.
Alice Harris’s Sister’s Inn continued into the mid 1960s. Then the building was vacant until
becoming the Fiesta Inn by 1967.
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The period of Black-owned restaurants and entertainment establishments anchoring the
former Japantown was over. Black residents stayed in the immediate neighborhood, but by
the mid 1950s mainstream White businesses had moved in to replace Black-owned
businesses that had carried the cultural capital of the community.
Alice Harris and Wilbur Owens both bought residential property in the former Japantown,
behind where their businesses were or had been, respectively at 195 Brook Street
(formerly Eto Street) in 1952 for $4,000 and 183 Brook Street in 1954 for $3,750. Neither
purchase involved a bank loan: the money was paid over time to Harry J. Dubin, attorney
for Tameji Eto, who had subdivided the Nippon Tract in 1931. There is no documentation
that Harris, Owens, or Annabelle Warren ever owned their own business premises.
Both Owens and Warren took out periodic chattel mortgages from the Mercantile
Acceptance Company on the furniture and equipment of their businesses and on their
personal furniture, Warren on one occasion from Cecil Evans, who had been granted power
of attorney and joint tenancy in the lot that contained most of Japantown’s businesses by
Yoshiko Tsutsumi in the run-up to internment. He was generally regarded in the postwar
period as owning the property, but he may have been still acting for his client.
The repetition of the same items in multiple 12- or 14-month mortgages suggests these
were cases not of buying furnishings on the installment plan but of taking out small loans
for business purposes at ruinous rates—from the Mercantile Acceptance Company—of 2%
to 2.5% per month. (Evans charged Warren only 5% per year for his chattel mortgage to
her.)
Prevention of African
Americans from accessing
real estate bank loans or
reasonably priced credit has
a long history, extending
from early FHA refusal to
insure mortgages in or near
Black neighborhoods or
underwrite integrated
housing projects in the mid
twentieth century to steering
minorities to high-interest
loans in the housing bubble
of the early twenty-first.
Reliance on non-bank
lenders was also the case in
San Luis and contributed to
the cost and risk of being a
Black business owner and
the postwar struggle of Black
businesses.
Higuera Street looking west toward the Wineman Hotel in
the distance from the corner of Court Street, with the sign
for the Mercantile Acceptance Company in the foreground.
History Center of San Luis Obispo County.
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When Wilbur’s Club closed, Wilbur Owens had to fall back on working as a janitor. Had he
been able to access White credit and banking, would Owens have been able to stay in
business? It was in this historic context, not long after the closure of The Sister’s Inn, that
Frank and Alberta Bell purchased the grocery at the corner of Carmel and High Streets in
1966. And for that, in an apparent historic first, they received two bank loans.
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6. Historic Significance of Tiny Mart: Frank W. and Alberta Bell
The overriding problem with historic preservation in minority histories is whether any
physical legacy exists at all, given that minority neighborhoods often are (a) owned by
other people and (b) targets for urban renewal. San Luis Obispo’s first Black neighborhood
was, earlier, it’s first Japanese neighborhood. The Japanese were initially legally prevented
from owning the land. Shortly after they acquired it, they were interned. Other minorities
moved in, but the new occupants were largely denied the mechanisms for ownership, such
as bank mortgages.
Hence what was once Japantown and later a vibrant African American business hub is now
a soulless strip mall, Jiffy Lube, and parking lot. The houses on the street behind it, where
the business owners lived, has been targeted for demolition by the City Council and
Community Development Department, this being White San Luis’s notion of developing
community. That any Black business has survived from the Great Migration period is
somewhat astounding and in the case of Tiny Mart is due to the fact that it was in a White
neighborhood and the owner of the business was given the means to buy the property.
Why this should have been so is unclear. Frank and Alberta Bell acquired the grocery store
at the corner of Carmel and High Streets in 1966, two years before the Fair Housing Act,
and at any rate, it wasn’t a house but a business. But where Black businesswomen and
businessmen fifteen and twenty years before could only access high-interest chattel
mortgages for businesses whose premises they didn’t own, the Bells, who had been
sharecroppers in Texas, received a $2,800 loan from Bank of America and another from
Security First National. This is, in essence, the story of the dog that did not bark—or the
banks that did not balk.
As a result, the Bells became the first Black grocery owners in San Luis Obispo, the first
Black owners of a business whose premises they also owned, and the owners of the last
Great Migration–era Black business whose premises have survived: distinctions that give
the Bells and their property historic significance. As expressed by National Register
criteria, they are not merely persons who are members of “an identifiable profession, class,
or social or ethnic group” but persons who have “gained importance within his or her
profession or group” through two firsts and one last. It would be good to remember the
Great Migration era of San Luis Obispo’s Black business community through the cluster of
The Sister’s Inn, Annabelle’s Café, and Wilbur’s Club, but the Tiny Mart is all that survives.
Frank and Alberta Bell took over Tiny Mart at about the same age that Juvenal and
Wilhelmina Da Silva retired from running it—and the Bells ran the grocery for thirteen
more years, till Frank was in his mid and Alberta in her early seventies. They were the first
of its seven owners to run it well past retirement age, and this in itself suggests the
disparity in White and Black economic circumstances.
From Waco to San Luis Obispo How did the Great Migration bring the Bells to San
Luis Obispo, when they had lived and worked their whole lives on farms in rural McLennan
and Falls Counties in Central Texas? In 1951 McLennan County condemned a tract of land
along the Brazos River where Texas Light and Power Company wanted to build a steam
electric plant. Among the 17 defendants were 13 members of the Harrison family (3 of
whom had moved to Philadelphia, Evanston, and Kansas City) and 2 members of the
Page 78 of 271
35
Barfield family—who from early censuses appear to have been among the rare Black
families to have owned their farmland—and Frank and Alberta Bell, who appear to have
bought their land since the 1940 census, when they were still renters.18
The all-White condemnation commission appointed by the White judge to appraise the
tract presumably awarded the Bells enough to relocate. But the salient fact was one
defendant, Viola Harrison Barrett, was listed as living in San Luis Obispo. Here was a
contact in the Great Migration, just like the Azoreans who had ended up in San Luis and
paved the way for others.
A Frank W. Bell was hired by the County Board of Supervisors in 1959 as a janitor in the
Building Custodial Department.19 This is likely Frank Willie Bell. A Frank Bell is listed in
city directories as working as a janitor a various locations in San Luis during the 1950s,
living at a rural route box number. The Bells purchased Tiny Mart from a rural route
address outside San Luis, continued to live there for the next five years, then lived on and
retired to 498 Mitchell Drive. Once they purchased the Tiny Mart, both Frank and Alberta
were listed in the directory, and he was scrupulous about using his middle initial.
The Bells owned Tiny Mart for a generation and then retired, having left their impression
and memories on their contemporary Black and also White community for their
personability and graciousness. Their sons Frank and Ralph became became entrepreneurs
in San Luis Obispo and Santa Maria. In the half century since the Bells owned Tiny Mart, the
people who remember them have largely disappeared and may, if they were White, have
had little notion of the Bells’ struggle to get to San Luis Obispo and their groundbreaking
achievement in buying Tiny Mart and moving, at last, up the social and economic ladder.
Since 1980, California in general and San Luis Obispo in particular have become
decreasingly proportionately Black. It is crucial that we preserve the physical evidence of
the era when the Great Migration was dramatically changing California, preserve the
struggles and successes of those generations, so that future generations (which will
certainly be decreasingly White) will have a means to know and understand. The rationale
underlying historic preservation is that we tend to remember the stories of people by what
we see and to forget the stories of people whose physical evidence has been obliterated. If
one picture is worth a thousand words, one building, one site is worth ten thousand.
18. “Condemnation Panel Named,” Waco News-Tribune, 5 May 1951.
19. “Supervisors’ Proceedings, No. 46,” Arroyo Grande Valley Herald-Recorder, 6 Feb. 1959.
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7. Period of Significance and Integrity
Period of Significance The architectural period of significance for Tiny Mart stretches
from its construction in 1926 through its use primarily as a corner grocery until 1979. The
historical period for Tiny Mart covers its ownership by Frank and Alberta Bell, 1966–1979.
During the Bells’ period, it was covered with asbestos siding, which preserved the original
novelty siding and the hand painted Eskimo Pie sign. The bulk of the exterior materials and
workmanship represent the earlier period; the location, design, setting, feeling, and
association, both periods.
Integrity
Location Tiny Mart remains in its original location at the corner of Carmel and High
Streets.
Design Tiny Mart retains its character-defining features of
Obtuse angle of footprint and false front
Interior with wood ceiling, walls, and floor
• a footprint comprising three right and two obtuse angles to fit the corner formed by
Carmel Street, oriented to the wind-driven Spanish map, and High Street, oriented to the
later American compass map
• Western False Front shop facade
• multi-paned plate glass shop front window, not floor to ceiling, shaded by a fabric awning
• small louvered ventilation windows flanking the shop window
• hand-painted advertising sign
Windows were added to Tiny Mart’s short south-facing and southwest-facing walls
between 1951 and 1979 to provide light and ventilation. These additions occurred during
the period of significance.
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Tiny Mart in 1951 from the air and today from the ground. Shop front window is the same
length, windows were added to south and southwest facades but during period of significance.
The Eskimo Pie mural has not yet been painted in 1951. Reversible signage has been painted
on. Reversible ventilation equipment has been added to the roof.
Since the period of significance, COR-TEN steel accents have been added to exterior
window frames and corner boards but are reversible and do not appear to detract from the
structure’s ability to communicate its significance.
Reversible CORE-TEN accents on frames and
corner boards
Louvered ventilation windows
Setting The bungalow neighborhood surrounding Tiny Mart is little changed since the
grocery’s construction in 1926. Tiny Mart’s neighboring grocery-operator’s cottage still
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stands, as do the next two cottages also built by Skiles. The houses that Skiles built on or
moved to the block on Carmel and Islay are also standing and little altered, adding further
context to the grocery. The predominantly Craftsman and occasional Minimal Traditional
houses visible in all directions date from the grocery’s earliest period, including the
Foursquare Church complex on the triangle formed by High, Islay, and Carmel Streets as a
result of the meeting of the Spanish and American grids. Streets retain the same
configurations and width. Only a series of two-story apartments on Leff Street, replacing
previous two-story apartments, are recent visible though not particularly near additions.
Materials Tiny Mart retains its original “novelty siding” from 1926 and apparently its
original front windows, as well as window frames. Its Eskimo Pie sign has been restored on
three occasions with flaking paint replaced. Tiny Mart also retains its period wood slat
ceiling and other interior wood appointments, visible from the street.
Workmanship The workmanship, as the materials, are original.
Feeling Tiny Mart functions now as a deli but retains the combination of interior and
exterior physical features that evoke its historic purpose as a corner grocery. Customers
and passersby feel they are going back in time (an impression intensified by Doobie Coates’
collection of period advertising ephemera).
Association Though Frank and Alberta Bell operated the store when its novelty siding
and Eskimo Pie sign had been covered by asbestos, and though the name of the business
has changed, its Western False Front design with plate glass view to the tiny and cozy
interior, prominent and eccentrically-shaped Spanish-American corner configuration, and
low-built bungalow setting retain the association with the first Black grocery owners in San
Luis Obispo and era of the Great Migration.
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8. Conclusion
Tiny Mart is eligible for the Master List for its architectural representation of a social milieu
and period, association with historically significant pioneer African American business
owners, and high degree of integrity that communicates its significance. Tiny Mart slightly
rights the prejudice in historic preservation toward the substantial monuments of White
history. It is also a rare opportunity in San Luis Obispo’s historic preservation to highlight
local Black history to a new and receptive generation, where previous generations have
demolished and continue to threaten the few physical landmarks of our minority histories
by making them “non-conforming uses” to be “gradually phased out” in the name of profit
and progress.
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Zoning, or remove the property from historic listing if the structure on the property no longer
meets eligibility criteria for listing, following the process for listing set forth herein.
14.01.070. Evaluation Criteria for Historic Resource Listing
When determining if a property should be designated as a listed Historic or Cultural Resource,
the CHC and City Council shall consider this ordinance and State Historic Preservation Office
(“SHPO”) standards. In order to be eligible for designation, the resource shall exhibit a high
level of historic integrity, be at least fifty (50) years old (less than 50 if it can be demonstrated
that enough time has passed to understand its historical importance) and satisfy at least one of the
following criteria:
A. Architectural Criteria: Embodies the distinctive characteristics of a type, period, region, or
method of construction, or represents the work of a master, or possesses high artistic values.
(1) Style: Describes the form of a building, such as size, structural shape and details
within that form (e.g. arrangement of windows and doors, ornamentation, etc.). Building
style will be evaluated as a measure of:
a. The relative purity of a traditional style;
b. Rarity of existence at any time in the locale; and/or current rarity although the
structure reflects a once popular style;
c. Traditional, vernacular and/or eclectic influences that represent a particular social
milieu and period of the community; and/or the uniqueness of hybrid styles and how
these styles are put together.
(2) Design: Describes the architectural concept of a structure and the quality of artistic
merit and craftsmanship of the individual parts. Reflects how well a particular style or
combination of styles are expressed through compatibility and detailing of elements.
Also, suggests degree to which the designer (e.g., carpenter-builder) accurately
interpreted and conveyed the style(s). Building design will be evaluated as a measure of:
a. Notable attractiveness with aesthetic appeal because of its artistic merit, details and
craftsmanship (even if not necessarily unique);
b. An expression of interesting details and eclecticism among carpenter-builders,
although the craftsmanship and artistic quality may not be superior.
(3) Architect: Describes the professional (an individual or firm) directly responsible for
the building design and plans of the structure. The architect will be evaluated as a
reference to:
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a. A notable architect (e.g., Wright, Morgan), including architects who made
significant contributions to the state or region, or an architect whose work influenced
development of the city, state or nation.
b. An architect who, in terms of craftsmanship, made significant contributions to San
Luis Obispo (e.g., Abrahams who, according to local sources, designed the house at
810 Osos - Frank Avila's father's home - built between 1927 – 30).
B. Historic Criteria
(1) History – Person: Associated with the lives of persons important to local, California,
or national history. Historic person will be evaluated as a measure of the degree to which
a person or group was:
a. Significant to the community as a public leader (e.g., mayor, congress member,
etc.) or for his or her fame and outstanding recognition - locally, regionally, or
nationally.
b. Significant to the community as a public servant or person who made early, unique,
or outstanding contributions to the community, important local affairs or institutions
(e.g., council members, educators, medical professionals, clergymen, railroad
officials).
(2) History – Event: Associated with events that have made a significant contribution to
the broad patterns of local or regional history or the cultural heritage of California or the
United States. Historic event will be evaluated as a measure of:
(i) A landmark, famous, or first-of-its-kind event for the city - regardless of whether
the impact of the event spread beyond the city.
(ii) A relatively unique, important or interesting contribution to the city (e.g., the Ah
Louis Store as the center for Chinese-American cultural activities in early San Luis
Obispo history).
(3) History-Context: Associated with and also a prime illustration of predominant
patterns of political, social, economic, cultural, medical, educational, governmental,
military, industrial, or religious history. Historic context will be evaluated as a measure
of the degree to which it reflects:
a. Early, first, or major patterns of local history, regardless of whether the historic
effects go beyond the city level, that are intimately connected with the building (e.g.,
County Museum).
b. Secondary patterns of local history, but closely associated with the building (e.g.,
Park Hotel).
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C. Integrity: Authenticity of an historical resource’s physical identity evidenced by the
survival of characteristics that existed during the resource’s period of significance. Integrity
will be evaluated by a measure of:
(1) Whether or not a structure occupies its original site and/or whether or not the
original foundation has been changed, if known.
(2) The degree to which the structure has maintained enough of its historic character
or appearance to be recognizable as an historic resource and to convey the reason(s)
for its significance.
(3) The degree to which the resource has retained its design, setting, materials,
workmanship, feeling and association.
14.01.080 Historic District Designation, Purpose and Application
A. Historic (H) District designation. All properties within historic districts shall be designated
by an “H” zoning. Properties zoned “H” shall be subject to the provisions and standards as
provided in Ordinance 17.54 (Zoning) of the Municipal Code.
B. Purposes of Historic Districts. The purposes of historic districts and H zone designation are
to:
(1) Implement cultural resource preservation policies of the General Plan, the
preservation provisions of adopted area plans, the Historic Preservation and
Archaeological Resource Preservation Program Guidelines, and
(2) Identify and preserve definable, unified geographical entities that possess a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development;
(3) Implement historic preservation provisions of adopted area and neighborhood
improvement plans;
(4) Enhance and preserve the setting of historic resources so that surrounding land uses
and structures do not detract from the historic or architectural integrity of designated
historic resources and districts; and
(5) Promote the public understanding and appreciation of historic resources.
C. Eligibility for incentives. Properties zoned as Historic Preservation (H) shall be eligible for
preservation incentive and benefit programs as established herein, in the Guidelines and other
local, state and federal programs.
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Item 5e
Department: Public Works
Cost Center: N/A
For Agenda of: 8/24/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Natalie Whitworth, Engineering Inspector III
SUBJECT: JOB ORDER CONTRACT FOR STREETS AND SIDEWALK
MAINTENANCE 2021, SPECIFICATION NO. 1000199
RECOMMENDATION
1. Approve Special Provisions for Job Order Contract for Streets and Sidewalk
Maintenance 2021 Specification No. 1000199; and ,
2. Authorize staff to advertise for bids; and,
3. Authorize the City Manager to award the contract to the lowest responsive bidder.
DISCUSSION
Background
Job Order Contracting is an alternative bidding procedure that was approved by the voters
and added to the City’s Charter on November 5, 2002 (Attachment A). It provides for on -
call infrastructure repair contracting. The Job Order Contract (JOC) provisions enable the
City to perform construction projects for the repair, remodeling, or other repetitive work
under a competitively bid unit price contract. This ensures the City gets a consistent price
while speeding project delivery where detailed design is not required.
The City first implemented a JOC program shortly after the Charter amendment was
approved by the voters. The Gordian Group was retained to develop the JOC program in
which 160,000 pre-priced construction tasks were developed and the contractors bid a
percentage mark-up. The City used this contract for about 2 years. The 2003 JOC lapsed
in 2005.
Engineering staff revisited the JOC concept in 2011 and created a more focused
specification targeting trench repairs needed after emergency pipeline repairs occur.
Instead of bidding a JOC program which covers every imaginable type of work and
essentially pays the contractor for each worker and each piece of equipment that is used
to complete the work, a program was developed to bid the finished product. This
methodology is consistent with other types of projects the City completes and has made
it simpler for the contractors to prepare and submit proposals and streamlined delivery of
work. In 2013, the JOC was expanded to include concrete repairs as additional funding
was provided through the Financial Plan to increase the City’s response to damaged
areas.
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Item 5e
Over the past two years, engineering staff has generated 65 Ta sk Orders, totaling over
$950,000. This has proven to be an effective approach of handling pavement repairs and
other maintenance work items. The Job Order Contract has been used to repair over
23,000 square feet of trench patches, 1,750 square feet of sidewalk and 225 lineal feet
of curb and gutter, and to perform potholing at 250 locations to provide higher quality
design work and reduce change orders.
The proposed Job Order Contract for Streets and Sidewalk Maintenance 2021 is modeled
after the successful Maintenance Work JOC 2016 and 2019, and has been expanded
even further to include other, easily identified maintenance work items. In addition to
sidewalk and trench repairs, the new contract will continue to include the potholing of
utilities to improve bid documents and reduce change orders, drainage inlet replacements
to remove grated inlets for improved bicycle safety and flood protection, large scale
replacement of signs to meet new reflectivity standards, and modification of tree well
grates to improve pedestrian safety. The complete list of bid items can be seen on the bid
form sheet located in the attached special provisions.
The current JOC is in its third year and was set to expire on June 30, 2022. The current
contractor, D-Kal Engineering, has requested to be released early from the contract as
the company will be closed due to owner retirement. To keep the JOC available to the
City, the Special Provisions will need to be re-bid and awarded. The use of the JOC has
demonstrated it is an important tool to greatly expedite delivery of routine, maintenance -
related City funded construction projects that require minimal design plans. The JOC
eliminates the need for multiple small contracts to complete minor, routine maintenance
activities.
How the Job Order Contract is Managed and Monitored
When maintenance work covered under the JOC is needed, the repair cost is calculated
based on the contract unit prices. Engineering staff creates a Task Order with the work
scope identified and any location or special provision information provided to the
contractor. The contractor then has the opportunity to ask questions or identify elements
overlooked in the Task Order.
Once the contractor accepts the Task Order, it is authorized by the City Engineer for
projects of $45,000 or less, or by the City Engineer, Budget Manager, and City Manager
for more costly projects as long as funding is available within approved budgets. Task
Orders in excess of approved budget will come to the Council for approval. This p rocess
follows the updated City Purchasing Policy and the authorization limits set by the Council
in Resolution No. 10621 (See Attachment B).
Policy Context
Job Order Contracting was authorized by Charter Amendment and Municipal Code
3.24.145. Purchasing Guidelines for Job Order Contracts were approved by Council via
Resolution R-10621.
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Item 5e
As part of our DEI efforts, the City will be reviewing language and specifications to make
sure that they are inclusive and representative of all the persons, genders and identities
that are involved in building and maintaining the City’s infrastructure. This is a longer
term project that will be undertaken when the City’s DEI Manager is onboarded.
Public Engagement
Work covered by Job Order Contracting is funding by Capital project budgets included as
part of past Financial Plans and the current 2021-23 Financial Plan. At time of budget
adoption, the public was provided an opportunity to review and comment upon all capital
project work.
CONCURRENCE
The Public Works and Utilities Departments concurs with the recommendation of this
report.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review pursuant to Section 15301 Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines since
it is a maintenance and replacement project of existing facilities. A Notice of Exemption
has been filed with the Community Development Departm ent.
FISCAL IMPACT
The award of the contract does not obligate any funds for construction. Once the contract
has been executed, work will be scoped, and Task Orders issued for work budgeted and
appropriated through the adoption of the City’s Financial Plan. The funding sources for
this work are primarily the Street Reconstruction and Resurfacing (R&R) Annual Asset
Maintenance Account, Water Distribution System Improvement – Trench Repair Annual
Asset Maintenance Account, Collection System Improvement Annual Asset Maintenance
Account and the Sidewalk Repair Annual Asset Maintenance Account.
ALTERNATIVES
Deny authorization to advertise. The City Council may choose not to authorize the
advertisement of the project. This is not recommended because the JOC pr ogram is a
cost-effective way to get necessary maintenance work completed in a short period of time.
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Item 5e
ATTACHMENTS
A – Job Order Contracting and Alternative Bidding Procedure
B – Resolution No. 10621 - Updated Purchasing Guidelines
C – Special Provisions
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SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
Job Order Contract for Streets and Sidewalk Maintenance 2021
Specification No. 1000199
August 2021
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
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Job Order Contact for Streets and Sidewalk Maintenance 2021
Specification No. 1000199
Approval Date: 8/17/2021
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TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I
BID SUBMISSION ...................................................................................................................................... I
BID DOCUMENTS .................................................................................................................................... II
PROJECT INFORMATION ........................................................................................................................ II
QUALIFICATIONS .................................................................................................................................... III
AWARD .................................................................................................................................................... IV
ACCOMMODATION .................................................................................................................................. V
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR JOB ORDER CONTRACT FOR STREETS AND SIDEWALK MAINTENANCE 2021,
SPECIFICATION NO. 1000199 ................................................................................................................ A
LIST OF SUBCONTRACTORS ................................................................................................................. E
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ............................................................... F
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE .......................................................... F
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT .................................................................. F
LABOR CODE SECTION 1725.5 STATEMENTS .................................................................................... F
NON-COLLUSION DECLARATION ......................................................................................................... H
BIDDER ACKNOWLEDGEMENTS ............................................................................................................ I
QUALIFICATIONS ..................................................................................................................................... J
ATTACH BIDDER'S BOND TO ACCOMPANY BID .................................................................................. K
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ....................................................................................................... 1
1 GENERAL ........................................................................................................................................... 1
2 BIDDING ............................................................................................................................................. 1
3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1
4 SCOPE OF WORK ............................................................................................................................. 2
5 CONTROL OF WORK ........................................................................................................................ 2
6 CONTROL OF MATERIALS ............................................................................................................... 2
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2
8 PROSECUTION AND PROGRESS ................................................................................................... 3
9 PAYMENT ........................................................................................................................................... 3
DIVISION II GENERAL CONSTRUCTION ............................................................................................... 3
12 TEMPORARY TRAFFIC CONTROL ................................................................................................ 3
14 ENVIRONMENTAL STEWARDSHIP ............................................................................................... 4
15 EXISTING FACILITIES ..................................................................................................................... 5
DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 6
37 BITUMINOUS SEALS ....................................................................................................................... 6
39 ASPHALT CONCRETE .................................................................................................................... 6
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DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 7
73 CONCRETE CURBS AND SIDEWALKS ......................................................................................... 7
77 LOCAL INFRASTRUCTURE ............................................................................................................ 8
DIVISION IX TRAFFIC CONTROL DEVICES ......................................................................................... 13
84 MARKINGS ..................................................................................................................................... 13
DIVISION XIII APPENDICES .................................................................................................................. 13
APPENDIX A - FORM OF AGREEMENT ..................................................................... 14
APPENDIX B – BIKE LANE BUFFER ........................................................................... 17
APPENDIX C – CATCH BASIN STANDARD 3355A..................................................... 19
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NOTICE TO BIDDERS
i
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works
Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until
2:00 p.m. on September 16, 2021
at which time they will be publicly opened and read aloud. Public bid opening may be
accessed via Microsoft Teams video conference and conference call. In person
attendance will be permitted. Attendees are encouraged to wear and practice social
distancing. Use the following link:
XXXXXXXX – Team Link
or join by phone with this number: XXXXXXXXXXX
Submit bid in a sealed envelope plainly marked:
Job Order Contract for Streets and Sidewalk Maintenance 2021,
Specification No. 1000199
Any bid received after the time and date specified will not be considered and will be
returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this
notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all
other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the
bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the
bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive
any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of
work to be done, as shown on the Bid Item List.
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NOTICE TO BIDDERS
ii
Bids will only be accepted from bidders that are licensed in compliance with the provisions
of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a
responsible contractor whose bid complies with the requirements prescribed. If the
contract is awarded, the contract will be awarded within 60 calendar days after the
opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the
City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals
No printed copies are available for purchase at the City office.
Standard Specifications and Engineering Standards referenced in the Special Provisions
may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be
available to download at the City’s website listed above or at the office of the City
Engineer.
Contact the project manager, Natalie Whitworth at (805) 783-7738 or the Public Works
Department at (805) 781-7200 prior to bid opening to verify the number of addenda
issued.
You are responsible to verify your contact information is correct on the plan holders list
located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals.
PROJECT INFORMATION
In general, the project consists of repairing utility trenches, roadway failures, damaged
concrete, and completing other minor maintenance work on an as needed basis.
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NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
The project estimated construction cost is $850,000.
Contract time is established as 36 months.
The fixed liquidated damages amount is established at $500 per day for failure to
complete the work within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of
Industrial Relations has established prevailing hourly wage rates for each type of
workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
QUALIFICATIONS
You must possess a valid Class “A” Contractor's License at the time of the bid opening.
You and any subcontractors required to pay prevailing wage must be registered
with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor
Code.
You must have experience constructing projects similar to the work specified for this
project. Provide three similar reference projects completed as either the prime or
subcontractor. All referenced projects must have been completed within the last five years
from this project’s bid opening date.
One of the three reference projects must have been completed under contract with
a city, county, state or federal government agency as the prime contractor.
All referenced projects must be for street construction, paving, trench repair work
(including open trench utility work), and minor concrete work (including the
replacement of curb ramps).
Failure to provide reference projects as specified in this section and as required on the
qualification form is cause to reject a bid as being no n-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails
to provide a bid that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non -responsibility of
the bidder if the Director of Public Works or Designee finds, after providing notice and a
hearing to the bidder, that the bidder lacks the
1. knowledge
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NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
2. experience,
3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project
in the best interest of the City.
Rejected bidders may appeal this determination. Appeal must comply with the
requirements in this Notice to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive
bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or
may be improperly awarded, the bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding
the protest if submitted in compliance to the specified time limits. Anything submitted after
the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL based on the quantities
supplied by the City and the bidder’s unit price.
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v
As a condition to executing a contract with the City, two bonds each equal to one hundred
percent of the total contract price are required in compliance with Section 3-1.05 of the
Standard Specifications.
You may substitute securities for moneys withheld under the contract in compliance with
the provisions of the Public Contract Code, Section 10263.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact
Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805)
781-7107. Requests should be made as early as possible in the bidding process to allow
time for accommodation.
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BID FORMS
A
BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these
forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid
forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
1. the location of the proposed work
2. the plans and specifications
3. read the accompanying instructions to bidders
and propose to furnish all:
4. materials
5. labor
to complete all the required work satisfactorily in compliance with
6. plans
7. specifications
8. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR JOB ORDER CONTRACT FOR STREETS AND SIDEWALK
MAINTENANCE 2021, SPECIFICATION NO. 1000199
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 15,
42, 77 Edge Grind SQFT 500
2 39, 77 1.75” Thin Maintenance Overlay SQFT 500
3 39, 77 2” AC Grind & AC Overlay – ½”
Aggregate Grading SQFT 200
4 39, 77 6” AC Pavement – Excavation &
Restoration SQFT 8,000
5 39, 77 10” AC Pavement – Excavation
& Restoration SQFT 3,000
6 77 8” PCC with 3” max AC Cap –
Excavation & Restoration SQFT 1,800
7 26, 77 Class II Aggregate TON 50
8 26, 77 Trench Backfill Sand TON 50
9 39 AC Dike – Caltrans A87B LF 220
10 39, 77 Pavement Reinforcing Fabric SQYD 10
11 37 Fog Seal SQYD 20
12 84 Pavement Marking – Caltrans
A24 SQFT 100
13 84 12-inch White Limit Line LF 50
14 84 Traffic Stripe – Caltrans A20A
Detail 1 LF 50
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BID FORMS
BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
15 84 Traffic Stripe – Caltrans A20A
Detail 2 LF 50
16 84 Traffic Stripe – Caltrans A20A
Detail 8 LF 50
17 84 Traffic Stripe – Caltrans A20A
Detail 9 LF 50
18 84 Traffic Stripe – Caltrans A20A
Detail 22 LF 50
19 84 Traffic Stripe – Caltrans A20B
Detail 29 LF 50
20 84 Traffic Stripe – Caltrans A20D
Detail 38 LF 50
21 84 Traffic Stripe – Caltrans A20D
Detail 39 LF 50
22 84 Traffic Stripe – Caltrans A20D
Detail 39A LF 50
23 84 Reflective Pavement Marker –
All types EA 5
24 84 Hi-Vis Crosswalk – Std. 7350 LF 20
25 84 Bike Lane Buffer LF 50
26 84 Green Bike Lane Coating – Std.
7360 SQFT 250
27 15 Remove Traffic Stripe LF 100
28 15 Remove Pavement Marking SQFT 100
29 73
Remove & Replace Sidewalk –
Std. 4110 (Area – Under 60
SQFT)
SQFT 60
30 73
Remove & Replace Sidewalk –
Std. 4110 (Area – 60 to 180
SQFT)
SQFT 180
31 73
Remove & Replace Sidewalk –
Std. 4110 (Area – Over 180
SQFT)
SQFT 200
32 73
Remove & Replace Boardwalk
with Concrete Pavers – Std.
4150 (Area Under 60 SQFT)
SQFT 60
33 73
Remove & Replace Boardwalk
with Concrete Pavers – Std.
4150 (Area – 60 to 180 SQFT)
SQFT 180
34 73
Remove & Replace Boardwalk
with Concrete Pavers – STD.
4150 (Area – Over 180 SQFT)
SQFT 200
35 73 Remove & Replace Curb and
Gutter – Std. 4030 LF 80
36 73 Remove & Replace Curb Ramp
– Std. 4440 SQFT 1,500
37 73 Remove & Replace Cross Gutter
– Std. 4310 SQFT 10
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C
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
38 73
Remove & Replace Driveway
Ramp – Std. 2110, 2111, 2115,
2116
SQFT 400
39 73-4 Mission Style PCC Coloring and
Salt Finish SQFT 300
40 73-4 Mission Style Tile Installation -
Std. 4220 LF 20
41 73-4 Single Mission Style Tile
Installation – Std. 4220 EA 100
42 73 Replace Truncated Domes –
Std. 4440 SQFT 50
43 73, 84 Repaint Curb LF 100
44 73 Furnish & Install Metal Post –
Std. 7210 EA 5
45 73 Furnish & Install Metal Post –
Std. 7215 EA 5
46 15, 56 Furnish & Install Sign EA 5
47 15 Reconstruct Guardrail – Caltrans
A77A1 LF 10
48 73 Furnish & Install Tree Well – Std.
8130, 4’ x 4’ EA 1
49 73 Furnish & Install Tree Well – Std.
8130, 5’ x 5’ EA 1
50 73 Furnish & Install Tree Well – Std.
8130, 6’ x 6’ EA 1
51 15 Enlarge Tree Grate Opening EA 20
52 13, 77 Furnish & Install Stormwater
Trash Catchment Device EA 10
53 51, 77 Catch basin – Std. 3350 EA 1
54 51, 77 Catch basin – Std. 3355 EA 1
55 51, 77 Catch basin – Std. 3355A EA 1
56 51, 77 Catch basin – Std. 3360 EA 1
57 15 Adjust Utility Cover – Std. 6040 EA 25
58 15, 77 Manhole Frame & Cover
Replacement – Std. 6040 EA 12
59 15, 77 Manhole Replacement – Std.
3530 or 6610 EA 1
60 77 Manhole Coating LF 10
61 77 Construct Well / Cleanout – G5 –
Std. 6710 EA 3
62 77 Potholing (Depth – 0’ to Under
4’) EA 20
63 77 Potholing (Depth – 4’ to Under
8’) EA 15
64 77 Potholing (Depth – 8’ and Over) EA 15
65 77 Pipe Excavation & Restoration
(Depth - 0’ to Under 2.5’) LF 20
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D
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
66 77
Pipe Excavation & Restoration
(Depth - 2.5’ to Under 8.5’)
Shoring Required
LF 20
67 77
Pipe Excavation & Restoration
(Depth – 8.5’ and Over) Shoring
Required
LF 20
68 12 Traffic Control – Eng. Std.
Appendix G – Figure A HR 40
69 12 Traffic Control – Eng. Std.
Appendix G – Figure B HR 70
70 12 Traffic Control – Eng. Std.
Appendix G – Figure C HR 10
71 12 Traffic Control – Eng. Std.
Appendix G – Figure D HR 30
72 12 Traffic Control – Eng. Std.
Appendix G – Figure E HR 90
73 12 Traffic Control – Eng. Std.
Appendix G – Figure F HR 10
74 12 Traffic Control – Eng. Std.
Appendix G – Figure G HR 20
75 12 Traffic Control – Eng. Std.
Appendix G – Figure H HR 40
76 12 Traffic Control – Eng. Std.
Appendix G – Figure I HR 10
77 12 Traffic Control – Eng. Std.
Appendix G – Figure J HR 10
78 12 Traffic Control – Eng. Std.
Appendix G – Figure K HR 110
79 12 Traffic Control – Eng. Std.
Appendix G – Figure L HR 20
80 12 Traffic Control – Eng. Std.
Appendix G – Figure M HR 200
81 12 Traffic Control – Eng. Std.
Appendix G – Figure N HR 30
82 12 Traffic Control – Eng. Std.
Appendix G – Figure O HR 20
83 12 Traffic Control – Eng. Std.
Appendix G – Figure P HR 100
84 12 Minor Traffic Control HR 1,000
85 77 Abandon and Grout (E) Sanitary
Sewer with Flowable Fill LF 100
Total Project Bid $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
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E
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2 -1.33C of the
standard specifications, the Bidder is required to furnish the following information for each
Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list
alternative subcontractors for the same work. Subcontracting must not total more t han
fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard
specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars
($10,000) worth of work need not be mentioned. Subcontractors required to pay
prevailing wage, must be registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
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F
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the
bidder hereby declares under penalty of perjury under the laws of the State of California
that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not
____ been convicted within the preceding three years of any offenses referred to in that
section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award
of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101, with any public entity, as defined in Public Contract Code Section 1100,
including the Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against you within the immediately preceding two-year period
because of your failure to comply with an order of a federal court which orders you to comply
with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment,
order, or determination by a court or any federal, state, or local administrative agency,
including a confirmed arbitration award. Any judgment, order, or determination that is
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G
under appeal is excluded, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on
the signature portion constitute signature of this Statement and Questionnaire. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
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H
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
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I
BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration
Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
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J
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this
project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional
information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include street
paving, trench repair, and minor
concrete work? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include street
paving, trench repair, and minor
concrete work? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include street
paving, trench repair, and minor
concrete work? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
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K
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction and
shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or
legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
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1
SPECIAL PROVISIONS
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of
the Standard Specifications. Each special provision begins with a revision clause that
describes or introduces a revision to the Standard Specifications. Any paragraph added
or deleted by a revision clause does not change the paragraph number of the Standard
Specifications for any other reference to a paragraph of the Standard Specifications .
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:
The work must be done in compliance with the City of San Luis Obispo, Department of
Public Works:
1. Job Order Contract for Streets and Sidewalk Maintenance 2021 Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards –
2020 edition
3. State of California, Department of Transportation Standard Specifications and
Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-
1.02 of the City of San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 5 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
2 BIDDING
Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General
with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all
forms and must be signed by the bidder.
3 CONTRACT AWARD AND EXECUTION
Add to Section 3-1.18A:
The Engineer may immediately suspend all work until compliance is achieved. You will
bear all costs incurred by such suspension, and no additional compensation for losses
incurred by you will be allowed therefor. You will be assessed liquidated damages and
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2
pay to the City of San Luis Obispo the sum set forth in these Special Provisions, for each
day you do not comply with contract requirements.
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Sections 12, 13, 15, 26, 37, 39, 42, 51, 56, 73, 77, and 84
for general, material, construction, and payment specifics.
This agreement will be the basis for Job Order Contract Task Orders to be issued
periodically. The Engineer will identify locations in need of maintenance work and contact
you for a Task Order Scoping meeting, to make repairs per items shown on the bid item
list. Within ten (10) calendar days of verbal notification of work needs, you must meet the
Engineer on-site to review task scope and estimate quantities. The Engineer will i ssue a
Task Order by means of a purchase order document and/or a written notice to start work
to you. Identify the number of working days for the Task Order and identify the work start
date. Five (5) calendar days after the Task Order has been issued, you must submit a
traffic control plan for review and approval.
5 CONTROL OF WORK
Add to Section 5-1.13A:
You must notify the Engineer if any subcontractors are performing work on an issued
Task Order, prior to the execution of that Task Order.
6 CONTROL OF MATERIALS
Add to Section 6-3.06:
Settlement of any pavement repair is considered a substantial defect. Guarantee periods
will be one year after the completion of each individual Task Order. This period begins on
the date the Task Order is accepted as complete by the Engineer.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records
(Labor Code 1776) with:
Furnish the Engineer one Portable Document Format (PDF) file which contains all certified
payroll records for the prior month’s work. Redact the PDF file making the employee’s social
security number illegible. Failure to submit PDF file with other monthly payroll records is
considered an incomplete payroll submission and penalties will be assessed.
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan
Normal working hours are Monday through Friday between 7:00 a.m. and 4:00 p.m.
Modified working hours may be required for individual sites when determined necessary
by the Engineer. You may also request modified work hours to facilitate the work, which
will be considered by the Engineer.
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3
Jack hammering, sawcutting, grinding, or any other type of demolition work producing
similar noise levels is prohibited between the hours of 11 :00 a.m. and 1:00 p.m. within
500 feet of a food service establishment.
Provide traffic control plan and traffic control application at or before the preconstruction
meeting. Traffic control plan must be drawn to scale. Traffic control application may be
obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.
Permittee is responsible to comply with all conditions of the traffic control plan. Complete
work using due diligence to restore free flowing of traffic.
8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for Task Orders of durations greater than 10 working days.
9 PAYMENT
Replace Sections 9-1.06B and 9-1.06C with:
The estimated quantities in these Special Provisions are furnished as a tool to the
Contractor as what might be expected of this Contract. The quantities will vary based on
the City’s needs. Payment will be made for actual quantities completed at the unit price
provided.
Replace Section 9-1.07 with:
Bid items prices shall be adjusted annually from the month of contract award by modifying
the unit price up or down in conformance with the California Construction Cost Index as
published by the California Department of General Services. The factor for the adjustment
of bid items shall be calculated at the contract 12-month and 24-month period utilizing the
following formula:
Factor = 1 + ( 𝐵𝑟𝑟𝑟𝑐𝑛𝑟 𝐼𝑛𝑐𝑐𝑥−𝐵𝑎𝑟𝑐 𝐼𝑛𝑐𝑐𝑥 𝑎𝑟 𝐵𝑛𝑛𝑟𝑟𝑎𝑐𝑟 𝐸𝑥𝑐𝑐𝑟𝑟𝑖𝑛𝑛
𝐵𝑎𝑟𝑐 𝐼𝑛𝑐𝑐𝑥 𝑎𝑟 𝐵𝑛𝑛𝑟𝑟𝑎𝑐𝑟 𝐸𝑥𝑐𝑐𝑟𝑖𝑛𝑛 )
DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
Add to Section 12-1.01:
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4
Some work locations will require the implementation of a simplified traffic control. These
locations will be paid per the “Minor Traffic Control” bid item instead of one of the pre -
established figures in Engineering Standards – Appendix G. “Minor Traffic Control” will
apply to minor repair locations, on local streets, where approximately 10 cones, and the
use of barricades, can delineate traffic around a small work area.
Add to Section 12-1.04:
Traffic delineation and trench protection must be maintained at all times. If barricades are
required after sunset, lights/flashing beacons will be required. When traffic control is
required to be present during non-work hours, the cost will be included in the working day
hourly compensation.
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-9.02 AIR POLLUTION CONTROL, General:
The City has obtained an annual permit for construction from the Air Pollution Control
District (APCD). The annual APCD permit and construction log files are located on the
City’s website:
http://www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
A copy of the permit can also be found in Appendix H of the City Standards. You are
required to comply with the APCD permit including all notification and construction logs
using the appropriate equipment. Provide training to all workers in the constructio n area.
You must comply with section 77-1 of the standard specifications.
Add Section 14-9.02A AIR POLLUTION CONTROL, Construction:
Where contamination is encountered, you are responsible to:
1. monitor
2. record
3. report
H2S and Hydrocarbon FID readings taken every hour during work in the contamination
zone or as directed by the Engineer.
Appropriate Personal Protective Equipment (PPE) must be used.
Add Section 14-9.02C AIR POLLUTION CONTROL, Payment:
Full compensation for APCD compliance and applicable engineering standards is
included in the payment for other bid items unless a bid item of work is shown on the bid
list item.
Add to Section 14-9.02D:
Full compensation for APCD compliance and applicable engineering standards will be
paid by force account when contamination is encountered.
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15 EXISTING FACILITIES
Add to Section 15-2.02 Obliterate Roads, Detours, and Surfacing
Micro-milling must be utilized for bike lane and at existing curb ramp edge grinds. Micro -
milling machines shall:
Be equipped with a micro-milling drum with tungsten-carbide-tipped cutting teeth spaced
no greater than ¼ inch apart on center. The configuration of the teeth shall be such that
the deviation in elevation between any 2 teeth does not exceed 1/16 inch. Be capa ble of
removing asphalt concrete pavement to a tolerance of +/- 1/8 inch. Be equipped with an
automatic grade control system operating in “profile” mode.
Micro-milling shall result in a grid-patterned textured pavement surface with longitudinal
ridges approximately the same distance apart as the cutting teeth. The ridges shall be
consistent in depth, width, and profile. The distance between the top of the ridge and the
adjacent valleys shall not exceed 1/8 inch.
Add Section 2.02B Payment
The linear foot price for Edge Grinds shall include full compensation for furnishing all
labor, materials, tools, equipment, personnel, and incidentals, and for doing all the work
involved with bike lane and at existing curb ramp edge grinds and no additional
compensation therefore.
Add to Section 15-2.02B(1):
Portland concrete cement (PCC) pavement must be saw-cut with a diamond saw to a
minimum depth of 8 inches.
As an alternate to sawcutting and excavation, you may use a griding device such as a
“zipper” on asphalt pavement, to remove the trench repair area.
Replace Section 15-2.02C(3) with:
Section 15-2.02C(3) Payment:
Traffic stripe removal will be paid per linear foot, regardless of width and the number of
passes to remove stripes entirely and to the satisfaction of the Engineer.
Add to Section 15-2.04A:
All existing manholes, valve wells, cleanouts, and boxes within work limits must be
replaced in accordance with current Engineering Standards.
Replace Section 15-2.04D with:
15-2.04D Reconstruct Metal Beam Guard Railing
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6
Limits of removal and replacement will be determined by the Engineer and indicated in
the issued Task Order for that work. Replacement Metal Guard Beam Rail shall conform
with Section 83.
Replace Section 15-2.07E with:
15-2.07E Modify Tree Grate:
Tree well grates are to be modified as needed to accommodate increasing trunk size. The
grate is to be cut to the nearest concentric ring as directed by the Engineer. Cuts must be
neat and smoothed to remove jagged edges. Grates must be removed for cutting if
needed to protect the tree or other adjacent improvements.
DIVISION V SURFACINGS AND PAVEMENTS
37 BITUMINOUS SEALS
37-5 BITUMINOUS SEALS
Replace the 1st sentence of Section 37-5.01C with:
Crack treatment material shall be Caltrans Type 2, Deery 200 as produced by Crafco,
Inc., or approved equal from the Caltrans approved crack treatment material list.
Replace the 1st sentence of Section 37-5.02 with:
Only hot applied crack treatments are approved for this project.
Replace the 1st and 2nd paragraph of Section 37-5.03 with:
Cracks must be cleaned of all weeds and debris prior to crack sealing. Do not rout or saw
cut cracks.
Replace the last paragraph of Section 37-5.03 with:
Apply the manufacturer’s recommended detackifying agent to the crack treatment
material.
Replace Section 37-5.04 with:
Payment for Crack sealing will be at force account.
39 ASPHALT CONCRETE
Add to Section 39-1.01:
Paving is not to be done without the inspection of the Engineer.
Add to Section 39-1.02B MATERIALS, Tack Coat:
All vertical edges to be paved against shall be tack coated. These include, but are not
limited to, curb faces, gutter lips, swale edges, cross gutter edges, and asphalt concrete
edges.
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7
Add to Section 39-6:
Due to the potential for oil price fluctuation throughout the length of the contract, the City
will pay the actual plant price per ton of asphalt concrete placed, plus a 15% material
markup. You will provide documentation of AC costs at the end of each Task Order.
Documentation consists of AC load tickets that include the date, tonnage, and location.
You are responsible for AC trucking and delivery expenses. This expense is covered in
the respective bid item for that work.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
73 CONCRETE CURBS AND SIDEWALKS
Add to Section 73-1.03:
At the time of Task Order issuance, the Engineer will indicate which curb ramp or driveway
Engineering Standard will be used.
You must meet with the Engineer for an average of 1 hour per curb ramp or driveway
being replaced. This includes:
1. Before saw-cutting to agree on the limits of demolition and removal.
2. After formwork is set, to verify that grades meet those stated on the plans.
3. Upon completion to verify finished grades.
Curb ramp and driveway design may vary from Engineering Standards, as directed by
the Engineer, to accommodate ADA requirements.
Only 2 intersection curb ramps, on the same side of the street, can be under construction
at any given time.
You are responsible for restoring all existing:
1. utility boxes
2. cleanouts
3. posts
within the:
1. sidewalk
2. driveway
3. island paving
4. curb ramp
limits of replacement.
The City will pay material invoice and 15% markup for City utility boxes that require
replacement.
Where paint is required on newly placed concrete, the concrete shall be cured a minimum
of seven (7) days prior to painting.
Add to Section 73-1.04:
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8
Payment for the removal/replacement of asphalt concrete as specified in the Engineering
Standards will be accounted for in the paving bid items based on the type/thickness of
asphalt concrete replacement that is required at each location.
Add to Section 73-4.04:
Full compensation for “Mission Style PCC Coloring and Salt Finish” includes all additional
costs required to install Mission Style concrete when compared to standard gray colored
concrete. When Mission Style tile is also required, it is paid by a separate bid item,
“Mission Style Tile Installation per Std. 4220”.
“Single Mission Tile Installation – Std. 4220” will be used for replacement of a single
Mission Tile and surrounding grout without doing any other curb & gutter and/or sidewalk
improvements at various locations within the Mission Style Sidewalk District. Full
compensation for “Single Mission Tile Installation – Std. 4220” includes tile mortar bed,
tile, and grout surrounding all four sides of the tile, in place complete.
77 LOCAL INFRASTRUCTURE
Add to Section 77-1.03A:
Vacuum excavation is the preferred method for potholing utilities, but site-specific
conditions may require alternative methods. 1-sack cement slurry shall be used as
subsequent backfill when vacuum excavation is used.
Dimensions of pavement potholing window must be approved by Engineer before starting
work.
Add to Section 77-1.03A(2)(i):
Tree removal must be authorized by the City Arborist. Tree trunk diameter is measured
at 4.5 feet above adjacent ground surface. Stump grinding or removal is required for all
tree removals and must include the major roots within the plant ing area.
Engineer or City Arborist must authorize and oversee all approved root pruning or shaving
activities. Minor root pruning or shaving is expected during reconstruction of damaged
sidewalk.
Add to Section 77-1.04:
Full compensation for “Pipe Excavation & Restoration” includes all excavation required to
reach the top of pipe from top of existing grade, complete pipe excavation, installation
and replacement of pipe, bedding, initial backfill, and subsequent backfill.
The City will provide pipe and fittings to be used for replacement or pay material invoice
and 15% markup if pipe and fittings are supplied by you.
Full compensation for “Potholing” is measured from the top of existing grade to the top of
utility and includes the replacement of initial and subsequent backfill.
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9
Add to Section 77-3.02B:
Joints and Fittings for HDPE must be of the same manufacturer as the pipe.
Add to Section 77-3.03D(2) Manhole Coating:
Manhole coating shall consist of applying an approved by the Engineer corrosion
protective coating system to the interior surfaces, as specified herein. The coating system
shall be applied to all exposed brick, concrete, grout, mortar, and cementitious surfaces
within the manhole, including unlined concrete pipes within the manhole, bench-to-pipe
transitions, bench, risers, cones, adjusting rings, etc. Coating of the metallic manhole
frame and cover shall not be required.
The Contractor shall coat all manholes marked on the plans with a high -build
polyurethane elastomer such as SANCON 100 or approved equal. The Contractor is
responsible for inspecting the existing manholes for leaks or concrete failures. The
Contractor shall repair manhole prior to coating by patch or chemical grouting in
accordance with coating manufacturer recommendation and as directed by the Engineer.
Coating shall stop at the top of the cone or as directed by the Engineer. All pipe liner
installation shall be completed prior to commencing any coating of manholes.
The Contractor shall provide a smooth transition and tight seal without any annular gaps
between the completed manholes and the completed sewer pipe. The Contractor shall
Spark Test the new manhole per NACE RP0274 standards. Spark Test shall be
witnessed by the Engineer.
The Contractor shall terminate the coating at the spring line of the channel with a ¼” cut
groove.
For those manholes that are connected to pipes to be lined with CIPP, the Contractor
shall insure that the bench shall be formed to eliminate offsets where the lined pipe meets
the manhole interior face and shall match incoming and outgoing pipes and provide a
smooth, even transition where required.
Materials shall be delivered to the site in factory sealed and labeled containers. Date of
manufacture shall appear on each container. Materials shall be handled and stored
according to the strictest requirements of the manufacturer and in accordance with all
local, state, and federal laws and regulations.
At each manhole, the Engineer shall inspect and accept the work completed to -date at
the completion of each of the milestones listed below before the Contractor shall
commence work on the next milestone:
• Completion of the cleaning and surface preparation activities required by these
specifications.
• Completion of all void-filling activities and underlayment application, prior to
surface coating application.
• Completion of the surface coating installation prior to testing.
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• Spark testing of the final surface coating as required by these specifications.
• Final clean-up and inspection.
The Contractor shall provide a written warranty to cover workmanship and materials for
each manhole coated for a period of not less than five (5) years from the date of final
clean up and inspection of the manhole. The warranty shall be delive red to the City prior
to and as a condition of final acceptance of work.
By executing this contract, the Contractor certifies and agrees that any testing performed
by the City during construction (e.g., spark testing, adhesion testing and/or other testing )
shall not in any way modify the warranty, nor relieve the Contractor for responding to
defects during the warranty period.
Add to Section 77-3.03F(2) Abandonment of Sewerlines:
77-3.03F(2)(a) Abandon and Grout Existing Sanitary Sewer Lateral or Main
Where Abandon and Grout Existing Sanitary Sewer with Flowable Fill is required, the
work to be performed under this section shall include the abandonment in place of existing
sanitary sewer by completely filling with flowable fill, as specified in the Special Provisions
and as directed by the Engineer. Flowable fill (abandonment grout) shall be controlled
low-strength material consisting of fluid mixture of cement, fly ash, aggregate, water and
with admixtures as necessary to provide workable properties. Placement of flowable fill
may be by grouting techniques in sewer pipes or other restricted areas, or as mass
placement by chutes or tremie methods in unrestricted locations with open access. Long -
term hardened strength shall be within specified range. In thi s specification, the words
“flowable fill” and “one sack sand/cement mixture” and “abandonment grout” are used
interchangeable.
The Contractor shall notify the Engineer a minimum of 48-hours prior to the abandonment
of any sanitary sewer. The Contractor shall not begin any abandonment operations until
the replacement sanitary sewer has been constructed, tested, and all service connections
have been installed and approved by the Engineer, if applicable.
Reference Standards:
1. These Special Provisions
2. ASTM C150 – Standard Specification for Portland Cement.
3. ASTM 494 – Standard Specification for Chemical Admixture for Concrete.
4. ASTM C618 – Standard Specification for Fly Ash and Raw or Calcinated Natural
Pozzolan for use as neral Admixture in Portland Cement Concrete.
5. ASTM C940 – Standard test Method for Expansion and Bleeding of Freshly Mixed
Grout for Replaced Aggregate Concrete in the Laboratory.
6. ASTM C1017 – Standard Specification for Chemical Admixture for Use in
Producing Flowing Concrete.
7. ASTM C1107 – Standard Specification for Packaged Dry, Hydraulic-Cement Grout
(Non-Shrink).
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11
Submittals:
1. Submit flowable fill mix design report to Engineer.
A. Flowable fill type and production method. Describe if fill will be mixed to final
proportions and consistency in batch plant or if constituents will be added
in transit to mixer at placement location.
B. Aggregate gradation of fill. Aggregate gradation of mix shall be used as pilot
curve for quality control during production.
C. Fill mix constituents and proportions including materials by weight and
volume, and air content. Give types and amounts of admixtures including
air entrainment or air generating compounds.
D. Fill densities and viscosities, including wet density at point of placement.
E. Initial time of set.
F. Bleeding and shrinkage.
G. Compressive strength.
2. Submit technical information for equipment and operational procedures including
projected injection rate, grout pressure, method for controlling grout pressure,
bulkhead and vent design and number of stages for grout application.
Flowable Fill:
1. Design Mix Criteria. Provide design of one or more mixes to meet design criteria
and conditions for placement which include the following:
A. Cement: ASTM C150 Type I or II. Volume and weight per cubic yard of fill.
Provide minimum cement content of 50 pounds per cubic yard.
B. Fly ash: ASTM C619, Class C or F. Volume and weight per cubic yard of
fill. Provide minimum fly ash content of 200 pounds per cubic yard.
C. Potable water: Volume and weight per cubic yard of fill. Amount of water
determined by mix design testing.
D. Aggregate gradation: 100 percent passing 3/8-inch sieve and not more than
10 percent passing No. 200 sieve. Mix design report shall define pilot
gradation based on the following sieve sizes: 3/8 -inch, No. 4, 8, 16, 30, 50,
100 and 200. Do no deviate from pilot gradation by more than plus or minus
10 percentage points for any sieve for production material.
E. Aggregate source material: Screened or crushed aggregate, pit or bank run
fine gravels or sand, or crushed concrete. If crushed concrete is used, add
at least 30 percent natural aggregate to provide workability.
F. Admixtures: use admixtures meeting ASTM C494 an ASTM C1017 as
needed to improve pumpability, to control time of set and to reduce
bleeding.
G. Fluidifier: Use fluidifier meeting ASTM C937 as necessary to hold solid
constituents in suspension. Add shrinkage compensator if necessary.
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12
H. Performance additive: Use flowable fill performance additive, fi needed, to
control fill properties.
2. Flowable Fill Requirements:
A. Unconfined compressive strength: minimum 75 psi and maximum 150 psi
at 56 days as determined based on an average of three tests for same
placement. Present at least three acceptable strength tests for proposed
mix design in mix design report.
B. Placement characteristics: self-leveling.
C. Shrinkage characteristics: non-shrink.
D. Water bleeding for fill to be placed by grouting method in pipes: not to
exceed 2 percent according to ASTM C940.
E. Minimum wet density: 90 pounds per cubic foot.
3. Grout Plugs:
A. Cement-based dry-pack grout conforming to ASTM C1107, Grade B or C.
Preparation:
1. Notify inspector at least 24-hours in advance of grouting with flowable fill.
2. Select fill placement equipment and follow procedures with sufficient safety and
care to avoid damage to existing underground utilities and structures. Operate
equipment at pressure that will not distort or imperil portions of the work, new or
existing.
3. Cut and cap portions of the piping system to remain.
4. Clean sewer lines and video to identify connections and locate obstructions.
Locate previously unidentified connections which have not been redirected or
reconnected as part of the work and report them to the Engineer. During placement
of fill, compensate for irregularities in sewer pipe, such as obstructions or open
joints, to ensure no voids remain unfilled.
5. Perform demolition work prior to starting fill placement. Clean placement areas for
pipes and manholes of debris that may hinder fill placement. Remove excessive
amounts of sludge and other substances that may degrade performance of the fill.
Do not leave sludge or other debris in place if filling more than 2 percent of
placement volume. Dispose of waste material in accordance with applicable codes
and regulations.
6. Remove free water prior to fill placement.
Equipment:
1. Mix flowable fill in automated batch plant and deliver it to site in ready -mix trucks.
Performance additives may be added at placement site if required by mix design.
2. Use concrete or grout pumps capable of continuous delivery at planned placement
rate.
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13
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals,
and for doing all work related to abandonment and grouting of existing sanitary sewers
with flowable fill is included in the payment for Bid item Abandon and Grout (E) Sanitary
Sewer with Flowable Fill.
Add to Section 77-3.04:
Maximum manhole depth is assumed to be 8 feet, measured from finished grade to invert.
If a deeper manhole is required, you will be paid an additional prorated amount per linear
foot of depth, based on your bid item price.
Full compensation for “Construct Well / Cleanout” includes all labor, materials and
equipment required to connect new cleanout to sewer line.
Add Section 77-4.03F Stormwater Trash Catchment Device
Stormwater trash catchment device must be:
1. Stormtek ST3 or ST3G
2. ADS Flexstorm – Connector pipe screens (CPS) L, CPS U or CPS U-EXT
3. Or approved equal
DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Add to Section 84-2.03C Application of Stripes and Markings:
Preformed thermoplastic is only allowed with the approval of the Engineer.
Add to Section 84-1.04 Payment:
Bike lane coating is measured by the square foot for the area applied regardless of the
number of coats to complete installation per the manufacturer’s recommendations.
DIVISION XIII APPENDICES
Additional project details and instruction may be found on:
A. Appendix B – Bike Lane Buffer
B. Appendix C – Catch Basin Standard 3355A
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APPENDIX
APPENDIX
14
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California
(hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
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APPENDIX
APPENDIX
15
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
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APPENDIX
APPENDIX
16
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
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APPENDIX
APPENDIX
17
APPENDIX B – BIKE LANE BUFFER
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APPENDIX
APPENDIX
19
APPENDIX C – CATCH BASIN STANDARD 3355A
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Page 148 of 271
Item 5f
Department: Public Works
Cost Center: 5008
For Agenda of: 8/24/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Greg Cruce, Interim Maintenance Operations Manager
SUBJECT: FLEET SURPLUS DISPOSAL AUTHORIZATION
RECOMMENDATION
Authorize the designation and disposal of surplus items in accordance with the City’s
policies and procedures as prescribed in the Financial Management Manual Sections
405-L, 480-A, and 480-B.
DISCUSSION
Background
Staff has identified 16 vehicles and pieces of equipment meeting the criteria for surplus
designation, in accordance with the City’s Financial Management Manual Sections 405-
L, 480-A, and 480-B. The vehicles and equipment units listed below have been replaced
and are ready to be designated as surplus. These vehicles have an estimated value in
excess of $1,000 each and therefore require City Council approval before they can be
sold.
No. Asset No. Description Program
1 0125 Electronic Signboard Streets Maintenance
2 1103 Slurry Seal Tank Streets Maintenance
3 N/A Slide-in Asphalt Patcher Streets Maintenance
4 0127 Toyota Rav 4 Community Development
5 0316 Ford Ranger Parks & Recreation
6 0704 Chevrolet S-10 Utilities
7 1011 Dodge Dakota Utilities
8 1305 Ford Explorer Police
9 1306 Ford Explorer Police
10 1308 Ford Explorer Police
11 1403 Westward Industries GO-4 Parking
12 1506 Ford Explorer Police
13 1536 Ford Explorer Police
14 1617 Honda Motorcycle Frame Police
15 N/A Truck Mounted Air Compressor Public Works
16 N/A Stormwater rumble strips Public Works/Utilities
Page 149 of 271
Item 5f
The vehicles and equipment listed above have been removed from the active fleet record
per the City’s vehicle replacement plan and are therefore ready to be auctioned. It is
important that these vehicles are sold as soon as possible due to on-going depreciation
and the cost associated with maintaining the vehicles in a condition adequate for sale.
Policy Context
Upon the approval of City Council, auctioning of these vehicles and equipment will comply
with the Financial Management Manual sections 405-L, 480-A, and 480-B.
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public
comment can be provided to the City Council through written correspondence prior to the
meeting and through public testimony at the meeting.
CONCURRENCE
The Finance Department concurs with staff recommendations.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the sale of surplus property is not a “project” as defined by CEQA
Guidelines Section 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: N/A
Fiscal Analysis:
Staff anticipates the sale of these surplus items will generate approximately $50,000 in
revenue after any associated advertising or auction fees. Funds generated by the sale of
these surplus items which were General Fund supported will be returned to the Fleet
Replacement Fund balance to support future purchases of replacement vehicles and
equipment. Funds generated by the sale of surplus items supported by enterprise funds
will be returned to the applicable enterprise fund.
Page 150 of 271
Item 5f
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $ N/A
State
Federal
Fees
Other:
Total $ $ $ $ N/A
ALTERNATIVES
Deny Surplus designation and sale. The City Council could reject the surplus designation
request and direct staff to pursue vehicle rehabilitation and repairs. Staff does not
recommend this option because these vehicles have been replaced and currently serve
no purpose. If these assets are not sold, the City will continue to incur costs associated
with maintenance and depreciation.
ATTACHMENTS
A – Financial Management Manual, Section 405-L
B – Financial Management Manual, Section 480-A
C – Financial Management Manual, Section 480 -B
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Section 480-A
SURPLUS PERSONAL AND UNCLAIMED PROPERTY POLICY
OVERVIEW
This policy addresses the procedures for the disposal of surplus personal property, unclaimed
property, consumable supplies, and junk. The policies and procedures for the disposal or sale of
surplus real property, abandoned property and resale inventory are provided in other policy
documents.
In preparing this policy, not all issues or exceptions could be anticipated. Accordingly, the
guidance given in this policy does not relieve Staff from exercising good judgment in their
stewardship of the City's property resources. Whenever there is a question or doubt between the
guidance provided in this policy and the good judgment expected of a prudent person, good
judgment should always be the prevailing standard, with this policy as a minimum standard.
LEGISLATIVE POLICY
A. Surplus Property
Section 906 of the City Charter provides that the Council must approve the sale of surplus
property (real or personal) with an estimated value greater than $1,000.
B. Unclaimed Property
1. Chapter 3.32 of the City Municipal Code provides for the disposal of unclaimed
property by the Chief of Police. This property must be held for a minimum of
four months and notice of sale must be given at least five days prior to sale by
publication in a newspaper of general circulation. Property not sold may be
destroyed by the Police Department after public auction.
2. Sections 2080.4 and 2080.6 of the Civil Code requires any person finding
property valued at $10.00 or more to turn the property over to the Police
Department within a reasonable time, stating when and where the property was
found and providing a description of the property. If the property was saved, a
statement is required from the "finder" describing:
a. From what and how it was saved.
b. Whether the owner of the property is known to the "finder".
c. That the property has not been secreted, withheld, or partially disposed.
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ADMINISTRATIVE POLICY
A. The Director of Finance & Information Technology (IT) is authorized to declare as
surplus those items of personal property and consumable supplies estimated to be less
than $1,000 in value; Council approval is required to declare personal and consumable
supplies as surplus with a value of $1,000.
B. Department Heads are authorized to approve the disposal of property that is essentially
without value due to technical obsolescence or its unrepairable (or economically
unrepairable) condition. Department Heads may dispose of such junk property in the
manner they deem most appropriate, consistent with other rules, regulations, and the
City's ethics policy.
C. Generally, estimating the value of surplus property is made by the Department Head or
designated representative. In unique and unusual cases, Finance will assist Departments
in estimating the value of property by using the City's auction firm to provide a
professional estimate. However, in all cases, the Department Head must approve in
writing the estimated value of the property to be sold or otherwise disposed.
D. The Director of Finance & IT is authorized to sell, transfer, trade, or otherwise dispose of
surplus personal property, consumable supplies, or unclaimed property in the most cost
effective manner. Normally the sale of this property will be at auction with a firm
contracted to provide the following services:
1. Sell and dispose of personal property, consumable supplies and unclaimed
property at auction.
2. Provide professional estimates as to the value of personal property and
consumable supplies when required.
3. Assist in the sale of unique or special property and consumable supplies that
requires the use of a "specialty house" to sell or dispose of the property.
4. Dispose of unsaleable property, supplies and equipment at an approved disposal
site.
E. The Director of Finance & IT may dispose of surplus property and supplies by transfer to
another local government agency or non-profit organization based on the
recommendation of a Department Head. Although there may be circumstances where it is
appropriate to make such transfer without compensation, cash or in-kind services should
generally be received in an amount equal to or greater than the estimated value provided
by the City's auction firm or the Department Head. In the case of vehicles, "low blue
book value" may also be considered.
F. When it is a normal business practice, trade value should be obtained to determine the
most cost effective method of disposal and as a standard by which to evaluate the services
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Surplus Personal and Unclaimed Property Policy
of the City's auction firm. There may be circumstances when trade value of property may
exceed auction value, in which case the Director of Finance & IT may authorize the trade
of surplus property versus sale at auction based on the recommendation of the appropriate
Department head.
G. Advertising the sale of the City's property and unclaimed property will be made by the
City's auction firm in accordance with these procedures, the Auction Services Agreement,
and legislative policy. Accordingly, the advertising must disclose that the property for
sale at auction is either the surplus property of the City of San Luis Obispo or is
unclaimed property in the possession of the City and it must state the date and time of
sale. Property sold at auction will be advertised at least five days in a newspaper of
general circulation in the City of San Luis Obispo.
H. Property determined to be unclaimed by the Chief of Police may be sold at public auction
in accordance with these policies and procedures under the following conditions:
1. It is a thing which is commonly the subject of sale.
2. The owner cannot (with reasonable diligence) be found.
3. The owner, if identified, refuses to pay the reasonable charges incurred by the City
for storing and safeguarding of the property.
PROCEDURES
A. Surplus Personal Property and Consumable Supplies
1. Department Heads will identify personal property and supplies that are surplus to
their needs and notify the Director of Finance & IT by Memorandum to sell or
dispose of property identified, in accordance with City policy and procedures.
The property to be declared surplus will be listed and include the City Asset
Number (if applicable), a descriptive name of the property, quantity, pickup
location, estimated value, and name of the contract person with their extension
number. Separate memorandums must be prepared for property estimated to
exceed $1,000 in value and for property estimated to be less than $1,000 in value.
The memorandum (or listing) must indicate why the property is no longer
required.
2. Department Heads may request that Finance assist them in estimating the value of
personal property and consumable supplies. In such instances, Finance may
request the services of the City's auction firm in estimating these values.
However, these services are limited and should not be used except for unique and
unusual property.
3. Special handling will be required for the disposal of toxic and hazardous
materials, and should be coordinated with the City's Fire Department.
480-3 Page 157 of 271
Surplus Personal and Unclaimed Property Policy
4.After receipt of a request to dispose of personal property and consumable supplies
from a Department Head, Finance will circulate the list of property to other City
Departments as an advisory memorandum. The property listed may be claimed by
other Departments on a first come first serve basis. After 10 days from the date of
the advisory memorandum, this listing will be forwarded to the Housing
Authority, San Luis Coastal Unified School District, and United Way for their
information. If none of these agencies expresses interest in the remaining
property items within 10 days of receiving the listing, then the property will be
consigned to the City's auction firm for sale or other method of disposal as
determined by the Director of Finance & IT. Except in unusual circumstances,
surplus property will generally remain on site pending its final disposition. This
means that it is the responsibility of the interested party to make arrangements
with the disposing department to view the property, discuss its condition, and
coordinate any terms of transfer such as price, timing, and transportation.
5.For property with a value of $1,000 or more, the Director of Finance & IT will
prepare an Agenda Report for Council approval to declare the property as surplus
after review by the operating departments as described above and prior to the
consignment of property to the City's auction firm.
B. Evidence
The provisions of this policy do not address the disposal of property which is classified as
evidence. Evidence is governed by the provisions of the penal code and must be dealt
with accordingly. For example, evidence may be returned to the owner, subjected to lien,
or classed as contraband and accordingly destroyed. However, evidence may also be
determined by the Chief of Police to be unclaimed property and, in that event, will be
processed in accordance with the policies and procedures provided below.
C. Unclaimed Property
Unclaimed property received by the City will be processed as follows:
1.The Police Department is required to receive, hold, and safekeep all property
valued at more than $10 that is found within the City limits and turned in to the
Police Department for safekeeping. The owner will be notified as to where the
property may be claimed if the owner's identity can reasonably be determined.
2.If the owner appears within 120 days after receipt of the property by the Police
Department, proves ownership, and pays all reasonable charges, the Police
Department will return the property to the owner.
3.If the reported value of the property is fifty dollars or more (and no owner appears
and proves ownership within 120 days), the Police Department will publish a
notice, at least once, in a newspaper of general circulation. After seven days
480-4 Page 158 of 271
Surplus Personal and Unclaimed Property Policy
following the first published notice the following actions will be taken if no owner
appears and proves ownership of the property;
a. If the property was found in the course of employment by a City employee,
the property shall be sold at public auction.
b. The title shall vest in the person who found the property if he or she is
willing to pay the cost of the publication.
c. If the reported value of the property is less than $50 and no owner appears
and proves ownership of the property within 120 days, the title shall vest
in the person who found the property, unless the property was found in the
course of employment by a City employee, in which case the property shall
be sold at public auction.
d. Generally, the sale of unclaimed property will be made by the City's
auction firm; however, in unique circumstances, the Chief of Police may
request that Police Department staff conduct the auction. When the City's
auction firm is used, the firm must be notified in writing with a list of
property to be sold. This list does not require a statement of estimated
values. The letter will give the name of the contact person and extension
number, a short title property description, a pickup location, and a pickup
time.
e. Prior to sale, a listing of unclaimed property shall be provided to the
Director of Finance & IT, who will circulate this list as an advisory
memorandum to other City Departments. The property listed may be
claimed by other Departments on a first come first serve basis. After a 15
day period from the date of the advisory memorandum, the unclaimed
property will be available for sale at public auction according to policy.
f. The unclaimed property to be sold by the City's auction firm will be
transferred on consignment in accordance with the surplus property
policies.
g. Any property remaining unsold after being offered at public auction may
be destroyed or otherwise disposed of by the City's auction firm.
Approved by the City Manager on March 1, 1990; revised on January 14, 1994.
480-5 Page 159 of 271
Page 160 of 271
Section 480-B
AUCTION FIRM SERVICES
OVERVIEW
To reduce staff time in the sale and disposal of property, to reduce the amount of space being
used to store surplus and unclaimed property, to improve the process of estimating the value of
surplus property, and to maximize the value of return on surplus property, the Department of
Finance & IT is authorized to contract with an auction firm to assist staff in the sale and disposal
of personal property, consumable supplies and unclaimed property on an "as available basis"
after authorization is given by the Council or the Director of Finance & IT to sell or dispose of
City property.
The policies and procedures provided below in conjunction with the City's auction firm will
provide the staff with the opportunity to systematize the sale and disposal of this property.
AUCTION FIRM RESPONSIBILITIES
The following responsibilities will normally be assigned to the City's auction firm by Agreement
between the City and the firm selected:
A. The auction firm will be required to pickup any and all "marketable" surplus property by
consignment and deliver this property to their premises where it shall be inventoried,
sorted, identified, and catalogued. An auction will be conducted within 30 days of receipt
of property and supplies.
B. The auction firm will make the necessary arrangements for offering the property for sale
by auction to the most qualified buyers to obtain the highest return possible. The auction
firm will advertise the auction in a manner that will obtain the maximum participation by
the public in at least one newspaper of general circulation in the City of San Luis Obispo
for a minimum of five days prior to a scheduled auction.
C. The property consigned to the auction firm will remain the property of the City until sold
or disposed in accordance with these procedures.
D. Property not sold at auction will be disposed by on of the following methods:
1. Consignment to a sub-contractor specializing in unique or special equipment and
material for which there is no local market.
2. Direct sale to a buyer of unique or special equipment and material for which there
is no local market.
3. By sale as salvage to a local dealer or any recycling firm.
4. By destruction at an appropriate landfill site and certification thereto.
5. Returned to the City.
480-10 Page 161 of 271
Auction Firm Services
E. The material and equipment not sold at auction will be disposed of by one of the methods
described above within 15 days from the date offered at auction. For the purpose of these
instructions, the City will give approval as to the disposal method based on the
recommendation of the auction firm and the method that is in the best interests of the
City.
F. The auction firm will provide the Department of Finance & IT with a list of consigned
property with a check for the net proceeds from the auction or specialty sale within 60
days of receipt of consigned material and equipment providing the following information:
1. City Asset number (if available)
2. Short title description of the property
3. Date of sale or disposal
4. Purchaser or the disposal site
5. Total purchase price
6. Auction fee
7. Net to City
8. Method of disposal (sale at auction, transfer to a specialty house for sale, direct
sale as salvage, transfer to an appropriate landfill or disposal site, return to City)
480-11 Page 162 of 271
Item 5g
Department: Administration
Cost Center: 1021
For Agenda of: 8/24/2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
SUBJECT: AUTHORIZE AN AGREEMENT WITH THE SAN LUIS OBISPO COASTAL
UNIFIED SCHOOL DISTRICT FOR RELEASE OF PUBLIC, EDUCATION,
AND GOVERNMENT ACCESS FUNDS
RECOMMENDATION
Authorize the Mayor to execute an Agreement by and between the City of San Luis
Obispo and San Luis Obispo Coastal Unified School District for release of Public,
Education, and Government (PEG) Access Funds (education portion) for a term ending
September 1, 2024.
DISCUSSION
PEG funds are collected pursuant to Municipal Code Section 5.72.010, and permissible
uses of the funds are dictated by the California Public Utilities Code Section 5860. PEG
funds, which are currently collected from Charter Communications through a surcharge
on City resident’s cable television bills, may only be used for costs associated with the
purchase and maintenance of equipment and facilities used in the production of PEG
programming. State and federal law contain no directives regarding the share of
funding allocated to the public, educational, or governmental channels.
Since August 4, 2009, the City has had an agreement with San Luis Coastal Unified
School District (SLCUSD) for the use of the “education” portion of PEG access funds.
That agreement expired in August of 2018. Per the agreement, SLCUSD is required to
complete an Operating Plan for the use of the education access funds prior to funds
being release. SLCUSD was in the process of preparing a new plan when the COVID-
19 pandemic began, and it was put on hold. The Operating Plan has now been
finalized and SLCUSD would like to enter into a new Agreement (Attachment A) with the
City.
Page 163 of 271
Item 5g
There is $315,298.65 available in PEG access funds allocated for education. As
reflected in the Operating Plan (Attachment B), the first year provides for the following
improvements:
Description of specific actions to improve education
practice
Persons involved
1. Receive administrative direction to develop a plan to
use PEG funds
Central Administration
Principals
Director – Instructional
Services: Learning and
Achievement
2. Discuss PEG background and requirements
Central Administration
PEG Committee
3. Discuss vision for the program Career Technical
Education (CTE)
Committee
4. Discuss draft of multi-year plan CTE Committee
5. Develop an articulated curriculum plan for CTE: Arts,
Media and Entertainment strand
CTE Committee
6. Consult with other video production educational
programs
CTE Committee
7. Establish video production skills Middle and High School
Video Production
Teachers
8. Further develop video production courses Site CTE Administration
9. Establish equipment needs for middle school and high
school courses
Chris Bonin
10. Present the plan to the SLO City Clerk with the
proposed budget
11. Finalize plan for approval to SLO City Council
12. Implement middle school and high school courses Middle and High School
teachers and
administration
Page 164 of 271
Item 5g
Previous Council or Advisory Body Action
On August 4, 2009, City Council approved an agreement releasing the education
portion of the PEG funds to San Luis Coastal Unified School District.
On May 20, 2014, the first amendment to the August 4, 2009 , contract was approved by
City Council for a term expiring August 4, 2015.
On February 17, 2015, the second amendment to the August 4, 2009 , contract was
approved by City Council for a term expiring August 4, 2018.
Policy Context
PEG funds are collected pursuant to Municipal Code Section 5.72.010, and permissible
uses of the funds are dictated by the California Public Utilities Code Section 5860.
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public
comment can be provided to the City Council through written correspondence , received
prior to the meeting, or through public testimony at the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the distribution on PEG funds is not a “project” as defined by CEQA
Guidelines Section 15378.
FISCAL IMPACT
Budgeted: No Budget Year:
Funding Identified: Yes/No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
Other PEG
funds:
$315,298.65
Total $315,298.65 $ $ $
Page 165 of 271
Item 5g
There are no fiscal impacts to the General Fund associated with approval of the
Agreement or disbursement of funds to SLCUSD. Subject to the eligibility terms of the
City’s franchise agreement with Charter Communications and in accordance with the
City’s agreement with SLCUSD, these funds can only be used by SLCUSD.
ALTERNATIVES
Do not approve the Agreement with SLCUSD. Given that the City has already
established that SLCUSD would be the entity to receive the education portion of the
PEG funds, this is not recommended.
ATTACHMENTS
A – Draft Agreement between City of San Luis Obispo and SLCUSD for use of PEG
Funds
B – SLUCSD PEG Plan
Page 166 of 271
AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO
AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
FOR USE OF PEG ACCESS FUNDS (E-PORTION)
This Agreement is made on ____________________________ by and between
the City of San Luis Obispo, a municipal corporation (“City”), and the San Luis Coastal
Unified School District (“SLCUSD”), who agree as follows:
RECITALS
WHEREAS, the City desires to provide support for the use of cable television,
public, education, and governmental (“PEG”) access channels operated pursuant to
federal law; and
WHEREAS, the City has granted a franchise to Charter Communications to
operate a cable television system in the city; and
WHEREAS, Ordinance No. 1278 (1995 Series) and the Cable Television
Franchise Agreement dated April 20, 1995, indicates that the City may designate
nonprofit access management entity(ies) to operate and administer PEG access
facilities, services, and programming; and
WHEREAS, said franchise agreement with Charter Communications provides
that certain channel capacity be made available for PEG access; and
WHEREAS, the franchise agreement with Charter Communications provides
certain payments and in-kind services shall be provided by Charter Communications to
support the operation of the PEG access facilities, equipment, and channels; and
WHEREAS, the Franchise Agreement with Charter Communications provides
that a plan of operation for PEG access must be developed and approved by City
before any funds dedicated to the provision of PEG access facilities, services, and
programming may be released to the nonprofit management entities designated by City
to provide such services; and
WHEREAS, a plan of operation for the public and government portio ns of PEG
access have been developed by SLCUSD and approved by City.
NOW, THEREFORE, in consideration of the covenants set forth herein, the
parties agree as follows:
Page 167 of 271
SECTION 1. PLAN OF OPERATION. In accordance with the requirement set
forth in the City’s franchise Agreement with Charter Communications, SLCUSD has
developed and submitted for approval a Plan of Operation for the provision of
educational programming and services, attached hereto as Exhibit 1 and hereby
incorporated by reference to this agreement.
SECTION 2. SCOPE OF SERVICES. In exchange for the Education portion (E-
portion) of PEG access funding provided by the City pursuant to this agreement,
SLCUSD shall provide the following services:
1. Provide educational access programming for the citizens of San Luis Obispo
in accordance with the terms, conditions and requirements of this Agreement,
the cable franchise, local, state, and federal law, and any operational or -
management policies and regulations adopted by the City Council and/or
SLCUSD.
2. Provide training and video production opportunities to the students of
SLCUSD in accordance with its approved Plan of Operation.
3. Develop operating policies, procedures, and guidelines for the use of
equipment and facilities funded by the E- portion of PEG access funds
provided by the City and for educational access programming, and file a copy
of such policies, procedures, and guidelines with the City.
SECTION 3. INDEMNIFICATION. SLCUSD shall indemnify, defend, and hold
harmless the City, its officers, agents, and employees and volunteers from and against
any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any
kind, nature or description, including, payment of litigation costs and attorneys' fees,
brought by any person or persons for or on account of any loss, damage or injury to
person, property or any other interest, tangible or intangible, sustained by or accruing to
any person or persons, howsoever the same may be caused, directly or indirectly
arising or resulting from any alleged acts or omission of the SLCUSD, its officers,
employees, agents or subcontractors arising out of or resulting from the performance of
this Agreement.
SLCUSD shall indemnify and hold harmless City, its officers, agents, employees
and volunteers from and against any and all claims or other injury, including costs of
litigation and attorney's fees, arising from or in connection with claims or loss or damage
to person or property arising out of the failure to comply with any applicable laws, rules,
regulations or other requirements of local, state or federal authorities, for claims of libel,
slander, invasions of privacy, or infringement of common law or statutory copyright, for
breach of contract of other injury or damage in law or at equity which claims, directly or
indirectly, result from SLCUSD use of channels, funds, equipment, facilities or staff
granted under this Agreement or the franchise agreement.
Page 168 of 271
The City shall indemnify, defend, and hold harmless SLCUSD, its officers,
agents, and employees from and against any and all claims, losses, liabilities, or
damage including payment of reasonable attorneys' fees arising out of or resulting from
the performance of this Agreement, caused in whole or part by any act or omission of
the City.
SECTION 4. COPYRIGHT CLEARANCE. Before cablecasting video
transmissions, SLCUSD shall require all users to agree in writing that they shall make
all appropriate arrangements to obtain all rights to all material cablecast and clearances
from broadcast stations, networks, sponsors, music licensing organizations'
representatives, and without limitation from the foregoing, any and all other persons as
may be necessary to transmit its or their program material over the PEG access
channels that are operated and managed by SLCUSD. SLCUSD shall maintain for the
applicable statute of limitations for City's inspection, upon reasonable notice by City and
for the term of the applicable statute of limitations, copies of all such user agreements.
SECTION 5. COPYRIGHT AND OWNERSHIP. SLCUSD shall own the copyright
of any programs which it may produce. Copyright of programming produced by the
others, such as teachers and instructors, shall be held by such person(s) who
produce(s) said programming.
SECTION 6. DISTRIBUTION RIGHTS.
1. SLCUSD shall require that all programs produced with funds, equipment,
facilities, students, or staff granted under this Agreement shall be distributed
on the channels whose use is authorized by this Agreement. This
subparagraph shall not be interpreted to restrict other distribution (beyond
distribution on channels authorized by this Agreement), so long as such other
distribution is consistent with any pertinent guidelines established in the PEG
access operating policies and procedures.
2. At least at the beginning and end of each day that video programming is
cablecast on the PEG access channels whose use is authorized by this
Agreement, SLCUSD shall display a credit stating, "Partial funding for the
operation of this channel is provided by the City of San Luis Obispo." Such
credit shall also state that opinions expressed in PEG access programs are
the sole responsibility of the program producers.
SECTION 7. EQUIPMENT AND FACILITIES.
1. SLCUSD shall be responsible for maintenance of all equipment and facilities
purchased with funds provided pursuant to this Agreement.
2. SLCUSD shall own all equipment and personal property acquired by it and
purchased with funds received pursuant to this Agreement ("Acquired
Property"), except that within thirty (30) days after termination or expiration of
Page 169 of 271
this Agreement, SLCUSD shall either (i) return all Acquired Property to City or
(ii) retain some or all the Acquired Property and pay to City an amount equal
to the then fair market value of the retained Acquired Property. If any of the
retained Acquired Property was purchased by a combination of funds
received pursuant to this Agreement and other funds provided by SLCUSD,
then the payment to retain said Acquired Property shall be prorated according
to the respective percentages of funds contributed to the purchase.
SECTION 8. INSURANCE. SLCUSD shall maintain in full force and effect at all
times during the term of this Agreement insurance as required by this Section. The cost
of such insurance shall be borne by SLCUSD and may be included in SLCUSD annual
budget.
1. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general
liability insurance, including protective, completed operations and broad form
contractual liability, property damage and personal injury coverage, and
comprehensive automobile liability including owned, hired, and non-owned
automobile coverage. The limits of such coverage shall be: (1) bodily injury
including death, $ 1, 000,000 for each person, each occurrence and
aggregate; (2) property damage, $ 1, 000,000 for each occurrence and
aggregate.
2. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment
and facilities, including fixtures, funded in whole or in part under this
Agreement to replacement cost. The insurance shall include, at a minimum,
insurance against loss or damage beyond the user's control, theft, fire or
natural catastrophe. City shall be shown as lien holder on all policies.
3. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and
Employer's Liability with limits as required by (State) law with an insurance
carver satisfactory to the City.
4. CABLE CASTER'S ERRORS AND OMISSION INSURANCE. Insurance shall
be maintained to cover the content of productions which are cablecast on the
access channel in, at minimum, the following areas: libel and slander;
copyright or trademark infringement; infliction of emotional distress, invasion
of privacy; plagiarism; misuse of musical or literary materials. This policy shall
not be required to cover individual access producers.
5. CITY AS CO-INSURED OR ADDITIONAL INSURED. The City shall be
named as a co- insured or additional insured on all aforementioned insurance
coverages. The policies shall provide that no cancellation, major change in
coverage or expiration may be affected by the insurance company or
SLCUSD without first giving the City thirty (30) days written notice prior to the
effective date of such cancellation or change in coverage. Any insurance or
self-insurance maintained by the City, its officers, agents, employees, or
Page 170 of 271
volunteers shall be in excess of the SLCUSD insurance and shall not
contribute to it.
6. NOTIFICATION OF COVERAGE. SLCUSD shall file with the City proof of
insurance coverage as follows: (1) Comprehensive Liability and Workers'
Compensation; (2) equipment insurance Upon the acquisition of any
equipment; (3) cable caster's error and omission insurance within thirty (30)
days of the commencement of cablecasting of programming on the
designated access channel.
SECTION 9. NON- DISCRIMINATION IN EMPLOYMENT AND SERVICE.
SLCUSD shall not discriminate against any person, employee or applicant for
employment or subcontractor on the basis of race, color, creed, religion, sex, sexual
preference, marital status, ancestry, national origin or physical or mental handicap.
Grantee shall not discriminate in the delivery of services on the basis on race, color,
creed, religion, sex, sexual preference, marital status, an ancestry, national origin or
physical or mental handicap.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that
SLCUSD is an independent contractor, and that no relationship of principal/agent or
employer/employee exists between the City and SLCUSD. If in the performance of this
Agreement any third persons are employed by SLCUSD, such persons shall be entirely
and exclusively under the control, direction, and supervision of SLCUSD. All terms of
employment, including hours, wages, working conditions, discipline, hiring and
discharging or any other term of employment shall be determined by SLCUSD and the
City shall have no right or authority over such persons or terms of employment.
SECTION 11. ASSIGNMENT AND SUBLETTING. Neither this Agreement nor
any interest herein shall be assigned or transferred by SLCUSD, except as expressly
authorized in writing by City.
SECTION 12. ANNUAL REPORTS. Prior to January 1 of each year, SLCUSD
shall submit to City an annual report for the preceding fiscal year (July 1 — June 30).
This report shall contain, at a minimum, a written narrative describing the manner in
which the Plan of Operation was fulfilled during the prior year, a list of equipment
purchased by the E- portion of public access funds, and a list of proposed equipment to
be purchased in the upcoming fiscal year.
SECTION 13. RECORDS, FISCAL AUDIT.
1. SLCUSD shall maintain all necessary books and records of the receipt,
disbursement and use of funds received under this Agreement in accordance
with generally accepted accounting principles. These transactions shall be
included in the scope of the annual audit performed by SLCUSD.
Page 171 of 271
2. Upon reasonable request from City, SLCUSD shall, at anytime during normal
business hours, make available all of its records with respect to all matters
covered by this Agreement.
SECTION 14. FUNDING AND OTHER RESOURCES. The City agrees to
release to SLCUSD one-half of all PEG access funds that it receives from Charter
Communications for PEG access equipment and facilities purposes within 60 days after
those funds are received. SLCUSD shall spend funds received from the City solely fo r
the purposes listed in its approved Plan of Operation and for the purposes delineated in
this Agreement. The initial transfer of the E- portion of PEG access funds that have
been accruing in an account set aside by the City for SLCUSD shall be executed within
sixty (60) days following execution of this Agreement and upon written notice by
SLCUSD to the City requesting the funds. Upon termination of this Agreement, the E -
portion of PEG access funds received by the City that have not been expended or
committed via written contract by SLCUSD shall be returned to the City within 60 days.
SECTION 15. TERM OF AGREEMENT. This Agreement shall be for a period of
three (3) years commencing on and ending on unless terminated earlier, as provided in
this Agreement. This Agreement may be extended, by mutual agreement of the City and
SLCUSD, in writing, for two additional periods of three (3) years each.
SECTION 16. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. The
City shall have the right upon one hundred twenty (120) days written notice to SLCUSD
to terminate this Agreement for.
1. Breach of any provision of this Agreement by SLCUSD.
2. Malfeasance, misfeasance, misappropriation of public funds.
3. SLCUSD may avoid termination by curing any such breach to the satisfaction
of the City within one hundred twenty (120) days of notification or within a
time frame agreed to by the City and SLCUSD. The City may also terminate
this Agreement at the expiration of its term, or any extension thereof.
SECTION 17. TIME. Time is of the essence in this Agreement and for the
performance of all covenants and conditions of this Agreement.
SECTION 18. COOPERATION. Each party agrees to execute all documents and
do all things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 19. APPLICABLE LAW. This Agreement shall be interpreted and
enforced under the laws of the State of California.
Page 172 of 271
SECTION 20. NOTICES. All notices and other communications to be given by
either party may be given in writing, depositing the same in the United States mail,
postage prepaid and addressed to the appropriate party as follows:
City of San Luis Obispo
City Clerk's Office
990 Palm Street
San Luis Obispo, CA 93401
San Luis Coastal Unified School District
Assistant Superintendent of Educational Services
1500 Lizzie Street
San Luis Obispo, CA 93401
Any party may change its address for notice by written notice to the other party at
any time.
SECTION 21. ENTIRE AGREEMENT. This Agreement is the entire agreement of
the parties and supersedes all prior negotiations and agreements whether written or
oral. This Agreement may be amended only by written agreement and no purported oral
amendment to this Agreement shall be valid.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date written above.
CITY OF SAN LUIS OBISPO SAN LUIS COASTAL UNIFIED
A Municipal Corporation SCHOOL DISTRICT
___________________________ __________________________
By: Mayor Heidi Harmon By: Eric Prater, Superintendent
ATTEST:
____________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick, City Attorney
Page 173 of 271
Page 174 of 271
Public, Education, Government (PEG)
May 2021
RECOMMENDATION
Approve an agreement with the San Luis Coastal Unified School District for the release of the
“education” portion of the Public, Education, Government (PEG) Access funds received by the
(City) of San Luis Obispo under its cable television franchise agreement with Charter
Communications and authorize the Mayor to execute the Agreement.
DISCUSSION
Background
In 1995, the City entered into a 15-year franchise agreement with Charter Communications
(previously Sonic Cable Television) for the operation of a cable television system in the City. A
key component of the agreement was a commitment by the cable company to provide public,
education and government (PEG) access to the cable system. This commitment included the
establishment of a PEG fund to purchase capital equipment for a PEG access program equal to
1% of Charter Communications’ annual gross revenues. Under this agreement, these funds
cannot be used for operations purposes nor can they be used for anything other than PEG
access.
Before the CIty could receive and disburse PEG access funds that had been accumulating since
1995, the Council was required under the franchise agreement to adopt a PEG access
operating plan, which was adopted by the Council on July 19, 2005 (Resolution No. 9708), the
City allocates PEG access funds equally between public, education and government access.
SLCUSD Operating Plan
As set forth in Attachment 2, San Luis Coastal Unified School District (SLCUSD) has finalized
its operating plan. At this time, there is $315,298.65 available in PEG access funds allocated for
education. As reflected in the attached operating plan, the first year provides for improvements
district-wide, summarized as follows:
Page 175 of 271
Public, Education, Government (PEG) Plan
Performance Goal: Education Technology: Video Production
Planned Improvement in Student Performance in Technology:
All students will demonstrate their skills in Arts, Media, Entertainment, Engineering and Video
Production by producing and editing videos.
2021-2022 Professional Development will be provided for teachers.
Middle School and High School Video Production enhanced
2021-2022 Media students broadcast some videos.
All middle school students will have access to the elective course.
2021-2022 All high school students will have access to Video Production courses.
All secondary students will have access to video technology courses.
Description of specific actions to improve education
practice
Persons involved
1. Receive administrative direction to develop a plan to use
PEG funds
Central Administration
Principals
Director - IS:LA
2. Discuss PEG background and requirements Central Administration
PEG Committee
3. Discuss vision for the program CTE Committee
4. Discuss draft of multi-year plan CTE Committee
5. Develop an articulated curriculum plan for CTE: Arts,
Media and Entertainment strand
CTE Committee
Page 176 of 271
6. Consult with other video production educational
programs
CTE Committee
7. Establish video production skills Middle and High School
Video Production Teachers
8. Further develop video production courses Site CTE Administration
9. Establish equipment needs for middle school and high
school courses
Chris Bonin
10. Present the plan to the SLO City Clerk with the proposed
budget
11. Finalize plan for approval to SLO City Council
12. Implement middle school and high school courses Middle and High School
teachers and
administration
Page 177 of 271
Laguna Middle School
Item Number Cost Subtotal With Tax
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $159.99 $159.99 $173.99
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
1 $34.99 $34.99 $38.05
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
2 $6.99 $13.98 $15.20
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $14.39 $14.39 $15.65
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
6 $164.98 $989.88 $1,076.49
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
2 $89.95 $179.90 $195.64
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $12.95 $12.95 $14.08
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
1 $39.99 $39.99 $43.49
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
6 $11.45 $68.70 $74.71
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor0
2 $18.00 $36.00 $39.15
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
6 $29.99 $179.94 $195.68
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
10 $33.99 $339.90 $369.64
Page 178 of 271
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $299.95 $299.95 $326.20
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
6 $89.95 $539.70 $586.92
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
1 $695.00 $695.00 $755.81
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $189.00 $189.00 $205.54
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $595.00 $595.00 $647.06
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
10 $699.99 $6,999.90 $7,612.39
Total $11,389.16 $12,385.71
Los Osos Middle School
Item Number Cost Subtotal With Tax
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $159.99 $159.99 $171.59
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
1 $34.99 $34.99 $37.53
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
2 $6.99 $13.98 $14.99
Page 179 of 271
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $14.39 $14.39 $15.43
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
6 $164.98 $989.88 $1,061.65
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
2 $89.95 $179.90 $192.94
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $12.95 $12.95 $13.89
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
1 $39.99 $39.99 $42.89
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
6 $11.45 $68.70 $73.68
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor0
2 $18.00 $36.00 $38.61
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
6 $29.99 $179.94 $192.99
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
10 $33.99 $339.90 $364.54
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $299.95 $299.95 $321.70
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
6 $89.95 $539.70 $578.83
B&H #PEHDCSS / MFR #HD-CSS -
Pearston HDMI Female to Mini HDMI Male
Adapter
1 $695.00 $695.00 $745.39
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $189.00 $189.00 $202.70
Page 180 of 271
B&H #VIVA2719SMH / MFR#VA2719-SMH
- Viewsonic VA2719-SMH 27" 16:9 Slim
Bezel IPS Monitor
1 $595.00 $595.00 $638.14
B&H #NTHSHDMI2635 / MFR #NHDMI4-
035/26C - NTW 35' High Speed HDMI
Cable with Ethernet
10 $699.99 $6,999.90 $7,507.39
Total $11,389.16 $12,214.87
San Luis Obispo High School
Item Number Cost Subtotal With Tax
Blackmagic Studio Camera 4K 2 3 $1,695.00 $5,085.00 $5,529.94
Manfrotto Professional Tripod - 27.76" to
61.42" Height - 15.43 lb Load Capacity -
Black
3 $553.30 $1,659.90 $1,805.14
Olympus M.Zuiko - 40 mm to 150 mm - f/2.8
- Zoom Lens for Micro Four Thirds - 72 mm
Attachment - 0.21x Magnification - 3.8x
Optical Zoom - VCM - 3.1"Diameter
3 $1,349.00 $4,047.00 $4,401.11
Pan Bar remote for LANC 3 $325.00 $975.00 $1,060.31
Blackmagic ATEM Camera Control Panel 1 $3,079.00 $3,079.00 $3,348.41
Blackmagic ATEM Talkback Converter 4K 1 $2,495.00 $2,495.00 $2,713.31
Audio-Technica Broadcast Stereo Headset -
Stereo - Phono Wired - 65 Ohm - 20 Hz - 20
kHz - Over-the-head - Binaural Circumaural
4 $151.44 $605.76 $658.76
Blackmagic ATEM Television Studio Pro 4K 1 $2,995.00 $2,995.00 $3,257.06
Blackmagic Web Presenter 1 $495.00 $495.00 $538.31
Whisper Room 4 ' x 4' Enhanced (E), Double
Wall Isolation 2 $8,177.00 $16,354.00 $17,784.98
Rode Microphones NT1-A Condenser Mic
Bundle 1 $229.00 $229.00 $249.04
Focusrite Scarlett 2i2 (3rd Gen) 1 $169.99 $169.99 $184.86
Auray PFSS-55 Pop Filter with Gooseneck
with Springloaded Clamp (5.5" Pop Filter and
13.5" Gooseneck)
1 $18.99 $18.99 $20.65
Page 181 of 271
Auray COHH-2 Clamp-On Headphones
Holder for Mic Stand 1 $9.99 $9.99 $10.86
Sony Professional Studio Headphones 3 $99.99 $299.97 $326.22
Blackmagic Design Fairlight Desktop
Console 1 $3,595.00 $3,595.00 $3,909.56
16 Midas Pre 8 Out 17 mfaders 1 $1,499.00 $1,499.00 $1,630.16
Behringer I/O Box 16-Inputs 8-Outputs 1 $599.00 $599.00 $651.41
SHURE BLX188 DUAL LAV SYSTEM
W/CVL 2 $549.00 $1,098.00 $1,194.08
Sennheiser MKE 600 Shotgun Microphone 2 $329.95 $659.90 $717.64
K-Tek KE-89CC AVALON Aluminum Boom
Pole with Internal Coiled Cord 2 $185.25 $370.50 $402.92
ikan AudioBOOM Cradle Mount 2 $29.95 $59.90 $65.14
Matthews Hollywood Century C Stand Grip
Head Kit, Black - 10.5' (3.2m) 2 $230.00 $460.00 $500.25
DMX Lighting Board 1 $1,099.00 $1,099.00 $1,195.16
COLORdash Par H12IP 10 $599.99 $5,999.90 $6,524.89
Flolight Bladelight Chroma LED Light 36" 2 $799.00 $1,598.00 $1,737.83
Studio Essentials Wall Mounting Kit for
Paper Rolls 2 $64.99 $129.98 $141.35
Savage Widetone Seamless Background
PeperStudio Gray 2 $59.99 $119.98 $130.48
Savage Widetone Seamless Background
PeperStudio Ultramarine 2 $59.99 $119.98 $130.48
Savage Widetone Seamless Background
PeperStudio Super White 2 $59.99 $119.98 $130.48
Onyx half X I BI-Color 3 Point LED Light kit
with 3x OYB5 3 $1,349.00 $4,047.00 $4,401.11
Canvas RGBWA Benddable 3 Point LED
Light Kit W/3xCC* 3 $1,599.00 $4,797.00 $5,216.74
Panasonic HC-X2000 4K Professional
Camcorder with Handle Unit 2 $2,197.99 $4,395.98 $4,780.63
Arco Video Dr. Bag 30 2 $149.00 $298.00 $324.08
Lightweight fluid video system / twin legs /
middle spreader 2 $389.99 $779.98 $848.23
Manfrotto MVMXPRO500US XPRO
Aluminum Video Monopod Load Capacity:
11 lbMax Height: 79.9"Closed Length:
2 $299.00 $598.00 $650.33
Core Nano-VBR98 Core SWX Lithium Ion
Camcorder Battery for Panasonic EVA1 6 $219.00 $1,314.00 $1,428.98
Watson Duo LCD Charger for VW -VBG6
Batteries 2 $79.95 $159.90 $173.89
SanDisk 128GB Extreme PRO UHS-I SDXC
Memory Card 6 $39.95 $239.70 $260.67
Teradek 2-Pin LEMO to P-Tap Cable (18") 2 $99.00 $198.00 $215.33
Page 182 of 271
Teradek Ace 800 3G-SDI/HDMI Wireless
Video Transmitter and Receiver Set 2 $1,490.00 $2,980.00 $3,240.75
BMD ATEM Mini Pro ISO 1 $895.00 $895.00 $973.31
Zoom H6 All Black 6-Input / 6-Track Portable
Handy Recorder with Single Mic Capsule
(Black)
2 $329.99 $659.98 $717.73
Pelican 1500 Case with Foam (Black) 2 $149.95 $299.90 $326.14
Sennheiser MKE 600 Shotgun Microphone 2 $373.80 $747.60 $813.02
K-Tec Avalon Boom Pole - Aluminum 2 $195.00 $390.00 $424.13
Auray DUSM-1 Universal Shockmount for
Camera Shoes and Boompoles 2 $28.95 $57.90 $62.97
Auray Professional Windshield for Shotgun
Microphones (14cm) 2 $84.95 $169.90 $184.77
Portable lavalier set. Includes (1) SK 100 G4
bodypack, (1) 2 $599.00 $1,198.00 $1,302.83
Project designer 3 $1,800.00 $5,400.00 $5,872.50
Installer 10 $680.00 $6,800.00 $7,395.00
Integration Materials 1 $1,500.00 $1,500.00 $1,631.25
Studio 1 $3,595.00 $3,595.00 $3,909.56
5820 Tower Computer 80 $2,928.99 $234,319.20 $254,822.13
UltraSharp 27 4k USB-C Monitor U2720Q 80 $454.13 $36,330.40 $39,509.31
Total $368,217.16 $400,436.16
Page 183 of 271
Page 184 of 271
Item 5h
Department: Community Development
Cost Center: 4003
For Agenda of: 8/24/2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Dan Van Beveren, Senior Civil Engineer
SUBJECT: PARTIAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT
3096, SAN LUIS RANCH
RECOMMENDATION
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, accepting the completed Public Improvements of Tract 3096; certifying
the completed Private Subdivision Improvements of Tract 3096; releasing the Securities
for the completed portions of Tract 3096; and authorizing the Director of Public Works to
accept the remaining improvements and to release the remaining Securities once all the
improvements are deemed complete.”
DISCUSSION
Background
Tract 3096 is a subdivision of a property known as San Luis Ranch. In 2017, a Tentative
Map was submitted to the City, and proposed the creation of 304 lots consisting of:
1. 282 single family residential lots
2.Two multi-family residential lots
3. 14 park lots
4.One open space lot
5.One agricultural land lot
6.Three commercial lots
7.One lot to be used for a required Agricultural Heritage and Learning Center
Construction of the improvements began in 2019 and is still ongoing.
Partial Acceptance of a Portion of Improvements
The improvements within the subdivision will consist of new street construction, three new
roundabouts, medians, curb, gutter, sidewalks, Class 1 multi-use paths, streetlights,
domestic water and recycled water mains, sewer mains, fire hydrants, storm drain
improvements, and landscaping. Thus far, work has been completed for some of the
required public improvements including the domestic and recycled water mains and the
sewer collection system.
Page 185 of 271
Item 5h
The recommended action includes the acceptance of the completed items, reduces the
securities for the work that is completed, and authorizes the Public Works Direct or to
accept the remaining public improvements once they are deemed complete and to
release the remaining securities on behalf of the City Council once the work is completed.
Previous Council Action
The Tentative Map for Tract 3096 was approved by City Council on July 18, 2017 by
Resolution No. 10822 (2017 Series).
A supplemental Final Environmental Impact Report (FEIR) was approved by City Council
on July 17, 2018 by Resolution No. 10927 (2018 Series).
A Development Agreement with the Subdivider was approved by City Council on August
21, 2018 by Ordinance No. 1649 (2018 Series).
The final map for Tract 3096 was approved by City Council on November 27, 2018 by
Resolution No. 10961 (2018 Series).
Policy Context
The City Council accepts public improvements and certifies completion of private
improvements in accordance with the Subdivision Map Act and the City’s Subdivision
Regulations.
Public Engagement
The Public Engagement process was completed with the approval of the Tentative Map.
CONCURRENCE
The Public Works Director and the Utilities Director concur with the recommended action.
ENVIRONMENTAL REVIEW
The San Luis Ranch Specific Plan, General Plan Amendment, Vesting Tentative Tract
Map 3096 and related entitlements and the associated Final Environmental Impact Report
(EIR) and Mitigation, Monitoring, and Reporting Plan were approved and certified on July
18, 2017 (Resolution 10822, 2017 Series). On July 17, 2018, the City Council approved
an amendment to the San Luis Ranch Specific Plan, approved the Development
Agreement to implement the project, and certified the associated Final Supplemental EIR
and modified Mitigation, Monitoring, and Reporting Plan (Resolution 10927, 2018 Series).
Ordinance 1649 (2018 Series) was adopted by the City Council on August 21, 2018
approving the Development Agreement. The necessary findings and environmental
review requirements related to the development of Tract 3096, including associated
improvements, were made with the Specific Plan, Development Agreement, and tentative
map approvals; therefore, no further environmental review is required as part of this
Council action.
Page 186 of 271
Item 5h
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
Typical maintenance and operation of newly accepted public facilities will be required for
the street and utility improvements. Increasing the maintenance budget for the small,
incremental increase in infrastructure to be maintained does not occur with each
acceptance of public facilities. The maintenance budget for the improvements is
evaluated and adjusted as needed with the City’s adoption of its two -year financial plan,
which will reflect the increased need in maintenance cost.
ALTERNATIVES
Council could reject the staff recommendation delegating the authority to the Public
Works Director to accept the remaining improvements and require that the acceptance
be returned to a future Council meeting for acceptance by the City Council. This
alternative is not recommended because the oversight by the Public Works Director will
ensure that all improvements are completed to City standards prior to the release of
financial guarantees. Ultimately, acceptance of the public improvements is required in
accordance with the Tentative Map approvals, Department of Real Estate process
assumptions, and Homeowners Association CC&R’s.
ATTACHMENTS
A – Draft Resolution to partially accept Public Improvements for Tract 3069
B – Vicinity Map for Tract 3069
C – Site Map for Tract 3069
Page 187 of 271
Page 188 of 271
R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ACCEPTING THE COMPLETED PUBLIC
IMPROVEMENTS OF TRACT 3096; CERTIFYING THE COMPLETED
PRIVATE SUBDIVISION IMPROVEMENTS OF TRACT 3096;
RELEASING THE SECURITIES FOR THE COMPLETED PORTIONS OF
TRACT 3096; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO ACCEPT THE REMAINING IMPROVEMENTS AND TO RELEASE
THE REMAINING SECURITIES ONCE ALL THE IMPROVEMENTS ARE
DEEMED COMPLETE
WHEREAS, the City Council approved the Tentative Map for Tract 3096 by
Resolution No. 10822 (2017 Series); and
WHEREAS, the City Council approved a supplemental Final Environmental Impact
Report for Tract 3096 by Resolution No. 10927 (2018 Series); and
WHEREAS, the City Council approved a Development Agreement with the
subdivider by Ordinance No. 1649 (2018 Series); and
WHEREAS, the City Council approved the final map for Tract 3096 per Resolution
No. 10961 (2018 Series); and
WHEREAS, the subdivider has satisfactorily completed a portion of the public
improvements in accordance with City standards, specifications and the approved plans,
and has requested that the City accept these public improvements for maintenance and
operation by the City; and
WHEREAS, the subdivider has satisfactorily completed a portion of the private
improvements in accordance with City standards, specifications and the approved plans,
and has requested that the City certify completion of these private improvements; and
WHEREAS, the subdivider has on file the appropriate securities to guarantee the
completion of the remaining subdivision improvements as shown on the approved plans.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts a portion of the public
improvements for Tract 3096, specifically, the water distribution network, the sewer
collection system, and the recycled water distribution system within the Tract boundary.
SECTION 2. The City Council hereby certifies completion of a portion of the
required private subdivision improvements within the Tract 3096 boundary.
Page 189 of 271
Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 3. The Faithful Performance securities guaranteeing completion of the
on-site and off-site improvements may be reduced with the approval of the Director of
Public Works upon submittal of the following items:
1. Progress record drawings for the completed improvements; and
2. Certification by the Engineer of Record for the completion of the public
improvements.
SECTION 4. The corresponding Labor & Materials security may be released after
90 days from the date of acceptance of the improvements in accordance with Section
66499.7(h) of the California Government Code.
SECTION 5. The Director of Public Works is hereby authorized to accept the
remaining improvements and to release the remaining securities on behalf of the City
Council once the work is completed to the City’s satisfaction.
Page 190 of 271
Resolution No. _____ (2021 Series) Page 3
R ______
SECTION 6. The security guaranteeing the workmanship and materials may be
released by the Director of Public Works upon the successful completion of the 12 -month
warranty time period from the date of acceptance of the improvements.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 21.
___________________________
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
Page 191 of 271
Page 192 of 271
VICINITY MAP
Page 193 of 271
Page 194 of 271
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Page 195 of 271
Page 196 of 271
Item 5i
Department: Public Works
Cost Center: 5002
For Agenda of: 8/24/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Hai Nguyen, Engineer III
SUBJECT: AWARD MEADOW PARK PATHWAYS MAINTENANCE
RECOMMENDATION
1. Award the construction contract for the Meadow Park Pathways Maintenance Project,
Specification Number 1000021 to Souza Engineering Contracting Inc. in the amount
of $375,301; and
2. Approve the budget transfer of $82,584 from the Sewer Utility Cover Adjustment
Account (1000084) to the project account.
DISCUSSION
Background
On May 18, 2021, the City Council authorized staff to advertise for construction bids for
the Meadow Park Pathways Maintenance (Attachment A) and to authorize the City
Manager to award the contract if the lowest responsible bid was below the Engineer’s
Estimate of $360,000.
On July 22, 2021, two bids were received (Attachment B). Souza Engineering Contracting
Inc. provided the lowest responsive bid in the amount of $375,301. Since the lowest bid
amount exceeds the delegated authority provided to the City Manager by $15,301, staff
is returning to Council to request authorization to award the contract. The Contractor’s
references, license, and registration with the Department of Industrial Relations have
been verified. Staff has evaluated the bid and recommends award of the contract to Souza
Engineering Contracting Inc. since the bid is within 4% of the Engineer’s Estimate.
Rank Contractor Bid Total
1 Souza Engineering Contracting $375,301
2 Papich Construction $513,814
Previous Council or Advisory Body Action
On May 18, 2021, the City Council authorized staff to advertise for bids for the Meadow
Park Pathways Maintenance.
Page 197 of 271
Item 5i
Policy Context
The City’s Purchasing Policy requires the City Council to award a contract if the lowest
responsible bidder is over the previously authorized Council amount.
Public Engagement
Public engagement was done during the initial identification of this project to be included
in the 2017-19 Financial Plan as well as with the 2021-23 Financial Plan, which provided
additional funds to the project.
CONCURRENCE
There is concurrence from Parks and Recreation, Public Works, and Utilities 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) Guideli nes because the
project maintains an existing facility.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $350,345 $ $ $
State
Federal
Fees
Sewer Fund $82,584
Total $432,929 $ $ $
Page 198 of 271
Item 5i
General Fund Sewer Fund
Total Project Bid $307,717 $67,584 $375,301
Contingencies (14%)$37,128 $15,000 $52,128
Total for Construction $344,845 $82,584 $427,429
Materials Testing $5,000 $0 $5,000
Printing $500 $0 $500
Total Project Cost $350,345 $82,584 $432,929
Current Project Balance:$345 $41,550
Additional Funding FY21-23 $350,000 $85,000
Remaining Balance:$0 $43,966
Meadow Park Pathways Maintenance, Specification No. 1000021
Meadow Park Pathways
Maintenance (1000021)
Sewer Manhole Cover
Adjustments (1000084)Project Total
Costs
Including construction cost, contingency funds and materials testing t he estimated total
project cost is $432,929. The Council Agenda Report authorizing the advertisement of
this project identified the Meadow Park Pathway Maintenance Project Account (1000021)
which has a balance of $350,345 and is sufficient to support paving work. Another source
of funding that was previously identified is the Sewer Utility Cover Adjustments account
(1000084). There is currently a balance of $126,550 and is sufficient to support
adjustment of sewer facilities to new pavement elevation for this project.
ALTERNATIVES
The City Council could deny the request to award the project. Staff does not
recommend this as the pathways are in need of repairs.
ATTACHMENTS
A – Council Agenda Report from May 18, 2021
B – Bid Results Ff Meadow Park Pathways Maintenance Project
C – Draft Agreement with Souza Engineering Contracting Inc.
Page 199 of 271
Page 200 of 271
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.
Item 10
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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
Item 10
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CityofSanLuisObispo, CityManager 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
Item 10
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PROJECT LOCATION
MEADOW PARK PATHWAYS
MAINTENANCE
1 OF 1
Item 10
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MEADOW PARK PATHWAYS MAINTENANCE, SPECIFICATION NO. 1000021
3/12/2021 UNIT TOTAL UNIT TOTAL UNIT TOTAL
No. ITEM UNIT QUAN PRICE PRICE PRICE PRICE PRICE PRICE
1 HOT MIX ASPHALT (1/2" MIX) TON 1,100 $145.00 $159,500.00 $163.00 $179,300.00 $253.00 $278,300.00
2 COLD PLANE (4 INCHES) SQFT 38,500 $1.50 $57,750.00 $2.06 $79,310.00 $1.83 $70,455.00
3 6" BASE REPAIR SQFT 4,000 $2.00 $8,000.00 $4.00 $16,000.00 $3.62 $14,480.00
4 PAVEMENT RECONSTRUCTION SQFT 700 $10.00 $7,000.00 $9.20 $6,440.00 $5.16 $3,612.00
5 RESET EXISTING PAVERS SQFT 150 $40.00 $6,000.00 $9.50 $1,425.00 $26.30 $3,945.00
6 ROOT BARRIER LF 1,200 $40.00 $48,000.00 $15.80 $18,960.00 $30.00 $36,000.00
7*REMOVABLE BOLLARD EA 1 $2,500.00 $2,500.00 $3,050.00 $3,050.00 $2,250.00 $2,250.00
8 2X6 HEADER BOARD FOR PAVERS LF 24 $30.00 $720.00 $25.00 $600.00 $28.00 $672.00
9 TREE TRIMMING LS 1 $6,530.00 $6,530.00 $2,632.00 $2,632.00 $47,860.00 $47,860.00
10 INSTALL POLYMER FRAME AND COVER AND ADJUST TO GRADE EA 8 $3,000.00 $24,000.00 $1,948.00 $15,584.00 $2,365.00 $18,920.00
11 REHABILITATE (E) SEWER MANHOLE EA 8 $5,000.00 $40,000.00 $6,500.00 $52,000.00 $4,665.00 $37,320.00
$360,000.00 $375,301.00 $513,814.00
Papich Construction
TOTAL PROJECT BID
BASE BID
Engineer's Estimate Souza Construction
Page 207 of 271
Page 208 of 271
AGREEMENT
THIS AGREEMENT, made on _____________________, by and between the City of San
Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California
(hereinafter called the Owner) and SOUZA ENGINEERING CONTRACTING, INC.
(hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
MEADOW PARK PATHWAYS MAINTENANCE, SPEC NO. 1000021
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
SS(1)
Item Description Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1
39 HOT MIX ASPHALT (1/2"
MIX)
TON
1,100
$163.00
$179,300.00
2 15,42 COLD PLANE (4 INCHES) SQFT 38,500 $2.06 $79,310.00
3 39,
26
6" BASE REPAIR
SQFT
4,000
$4.00
$16,000.00
4 39,
26
PAVEMENT
RECONSTRUCTION
SQFT
700
$9.20
$6,440.00
5 73 RESET EXISTING PAVERS SQFT 150 $9.50 $1,425.00
6 20 ROOT BARRIER LF 1,200 $15.80 $18,960.00
7* 81 REMOVABLE BOLLARD EA 1 $3,050.00 $3,050.00
DocuSign Envelope ID: E0A5F076-86AD-41E3-BE34-5A5155511E9A
Page 209 of 271
Item
No.
SS(1)
Item Description
Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
8 73 2X6 HEADER BOARD FOR
PAVERS
LF 24 $25.00 $600.00
9 20 TREE TRIMMING LS 1 $2,632.00 $2,632.00
10
77
INSTALL POLYMER FRAME
AND COVER AND ADJUST TO
GRADE
EA
8
$1,948.00
$15,584.00
11
77
REHABILITATE (E) SEWER
MANHOLE
EA
8
$6,500.00
$52,000.00
BID TOTAL: $ 375,301.00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
DocuSign Envelope ID: E0A5F076-86AD-41E3-BE34-5A5155511E9A
Page 210 of 271
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
DocuSign Envelope ID: E0A5F076-86AD-41E3-BE34-5A5155511E9A
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
ATTEST: CITY OF SAN LUIS OBISPO
A Municipal Corporation
_______________________________________ _______________________________________
Teresa Purrington, City Clerk Heidi Harmon, Mayor
APPROVED AS TO FORM CONTRACTOR:
Souza Engineering Contracting, Inc dba
Souza Construction
________________________________ _______________________________________
J.Christine Dietrick
City Attorney
Steve A. Souza
President
_______________________________________
Stuart A. Souza
Secretary
DocuSign Envelope ID: E0A5F076-86AD-41E3-BE34-5A5155511E9A
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Item 5j
Department: Police
Cost Center: 8002
For Agenda of: 8/24/2021
Placement: Consent
Estimated Time: N/A
FROM: Rick Scott, Police Chief
Prepared By: Melissa Ellsworth, Senior Administrative Analyst
SUBJECT: FY 2021-22 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT APPLICATION
RECOMMENDATION
1. Authorize staff to apply for a FY 2021-22 Edward Byrne Memorial Justice Assistance Grant in
the amount of $14,077; and
2. If the grant is awarded, authorize the City Manager or designee to execute necessary
grant documents and direct the appropriation of monies into the accounts required to
administer the grant.
DISCUSSION
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary
provider of federal criminal justice funding to the State and local jurisdictions. JAG funds
may be used to fund technical assistance, training, personnel, equipment, supplies,
contractual support, and criminal justice information systems.
The JAG Program is a non-competitive formula grant, and the funding allocation is based
on the population and crime rate of the local jurisdiction. The amount available to the City of
San Luis Obispo for 2021 is $14,077. The department has applied for and received this
funding for well over ten years. JAG Program funds must be used to supplement existing
local funds for program activities and cannot replace or supplant funds that have been
appropriated for the same purpose. The grant application deadline was August 9, 2021;
however, if necessary, staff can withdraw the request.
Proposed Use of Grant Funds
The Crisis Negotiation Team (CNT) responds to all SWAT callouts and team members have
specialized communication and tactical skills used during emergency situations. CNT
utilizes tools during crisis negotiations; as an example, a specialized piece of equipment
used regularly is a “throw phone”. A throw phone enables negotiators to engage in
communication with someone in crisis while still maintaining a safe distance. The current
throw phone was purchased 15 years ago and is extremely cumbersome and outdated.
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Item 5j
The department is requesting grant funding to replace the current throw phone. Updated
technology now offers wireless and rugged options for impact resistance and ease of use.
Utilizing a wireless throw phone will be a significant advantage to the team, the current
phone limits distance to 1,500 feet due to cables. Swift set up is also another advantage,
as it currently takes about 30 minutes to set up the system whereas the new models can be
set up immediately. This saves valuable time for negotiators. Other technology
advancements also include enhanced video/audio capabilities and location data.
Policy Context
The recommended actions are consistent with the City of San Luis Obispo’s Financial
Management Manual, Section 740 - Grant Management Policy. The policy states that
Council will approve all grant applications in excess of $5,000 and delegates receipt and
contract execution to the City Manager.
Public Engagement
This item is on the agenda for the August 24, 2021, City Council meeting and will follow all
required postings and notifications. The public may have an opportunity to comment on this
item at or before the meeting.
CONCURRENCE
The Director of Finance concurs with staff’s recommendations.
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 Section
15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal –
JAG Award
$14,077
Total $14,077 $ $ $
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Item 5j
City matching funds are not required for this grant. The City may draw down any or all JAG
funds after acceptance of the award. To do so, an interest -bearing trust fund must be
established in order to maintain the funds separate from the General Fund.
ALTERNATIVES
1. Modify the staff recommendation. Council may direct staff to apply for the JAG funds
for a different purpose, as long as the use is consistent with the purpose areas described
in this report.
2. Do not submit a grant application. Council may direct staff to not submit a grant
application. The alternative is not recommended. The JAG Program is non-competitive,
and the funds have already been allocated to the City upon application, as long as the
use is consistent with the purpose areas described in this report.
Page 215 of 271
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Item 6a
Department: Public Works
Cost Center: 5101
For Agenda of: 8/24/2021
Placement: Public Hearing
Estimated Time: 60
FROM: Matt Horn, Public Works Director
Prepared By: Alexander Fuchs, Parking Services Supervisor
SUBJECT: INTRODUCE AN ORDINANCE AMENDING THE MUNICIPAL CODE TO
REVISE THE CITY'S PARKING PERMIT PROGRAM
RECOMMENDATION
Introduce an ordinance amending Title 10 Chapter 36 of the Municipal Code to revise
the City's parking permit program to address requests from commercial properties to be
eligible for parking district formation.
REPORT-IN-BRIEF
In Spring 2021, Council considered and approved the formation of the Dana Street
Parking District. With this District, Council adopted an ordinance to allow multi-family
properties of five to eight units on Dana Street to participate in the parking district and to
receive permits. This District presented unique issues given the street’s proximity to the
downtown area and the different land uses that make up the Dana Street area. On April
6, 2021, minor modifications were made to the Municipal Code to allow multi-family
properties of five to eight units to participate in the Dana Street Parking District.
The issues identified during the formation of the Dana Street Parking District along with
recently received requests to establish parking districts in predominately commercial
areas (which is not allowed under the current district process) have resulted in this
agenda item for Council’s consideration. Staff has reviewed the applicable Municipal
Code sections as well as the district formation procedures and has recommended
changes to achieve a more flexible and inclusive process (See Attachment A) for
residents and businesses alike.
DISCUSSION
Parking District Historical Overview
The first parking permit district was established in 1979 in what is referred to as the Alta
Vista Parking District near the southern boundary of the Cal Poly campus. The purpose
of the district was to limit the parking of students in the neighborhood and to improve the
overall ‘quality of life’ for the residents. Since then, the City has established ten
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Item 6a
additional parking districts, expanded existing districts multiple times, and received
requests to establish many more. Parking districts historically have been limited to
areas that are predominately residential and participation is restricted to only residential
properties with four or fewer units.
The four or fewer unit restriction aligns with the City’s Zoning Regulations, which require
residential properties of more than four units to provide parking on-site for residents as
well as guests (SLOMC 17.72.030). This limitation was a significant issue for the Dana
Street Parking District because there are five multi-family properties intermixed with
single-family residential and commercial properties on that street. City Council came to
compromise at the March 2, 2021. Council meeting and introduced an ordinance
amending the Municipal Code language to allow multi-family properties of five to eight
units on Dana Street to participate in the parking district and to receive permits.
Around the same time of the Council meeting, staff began to receive requests from
business owners to establish a parking district in a non-residential area, the South
Higuera, Tank Farm, and Suburban Road area. Establishment of a district in non -
residential areas is not possible without further amendments to the Municipal Code but
it is within the City’s authority to allow such amendments under California Vehicle Code
section 22507.
Amendments to the Municipal Code
Staff reviewed Municipal Code sections 10.36.170 through 10.36.232 and recommends
language changes that would allow businesses to participate in the process, allow
greater flexibility with permit issuance, and improve administrative efficiency by allowing
direct issuance of permits to the occupants residing or working within the parking
districts.
1. Business Participation in the District Formation Process
Why allow businesses to participate in the district formation process? The City is
encouraging the construction of more mixed-use developments that makes
implementation of traditional parking districts difficult. Commercial areas throughout
the city have, historically, not been as affected by parking impacts compared to
residential areas but that has changed recently as some commercial areas are
experiencing a significant increase in parking impacts from persons not working or
residing in the area. Allowing businesses to participate in the process creates a
more comprehensive program and improves the City’s ability to address parking
issues for all community members.
Staff does not differentiate between commercial properties that do have off-street
parking versus those that do not have off -street parking. Restricting business
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Item 6a
participation to only those properties that do not have off-street parking would
severely limit staff’s ability to establish parking districts in business park areas that
are experiencing significant on-street parking impacts from people that do not work
or in the area.
This recommended change does not affect multi-family residential units which will
still not qualify to participate in the district formation process. Staff recommends
maintaining this limitation because multi-family residential properties must provide
sufficient on-site parking for residents and guests under the City’s Zoning
Regulations. Allowing multi-family properties to participate could significantly impact
on-street parking availability given the density of units and number of permits that
would be issued.
2. Permit Issuance Directly to Occupants
Why allow direct issuance of permits to occupants instead of property owners?
Currently, the voting that is required to demonstrate support for the establishment of
a parking district is performed by the occupants but, if the district is approved, the
ability to purchase permits is given to property owners. Property owner s can provide
written authorization for occupants to purchase permits, but this process is confusing
for both parties, and it creates delays in the permit issuance process. Issuing directly
to the occupants would reduce staff administrative workload, streamline the
implementation of the program, and alleviate impacts on the occupants of the
untimely issuance of permits (i.e., parking citations).
Occupants would be required to provide proof of residency (lease agreement, utility
bill, etc.) before obtaining permits. If parking permits are not transferred amongst the
occupants when a new lease agreement is signed, then staff will void the current
parking permits and issues new permits. The voided permits will then be put on a
“hot list” and any vehicle displaying a voided permit is immediately subject to
citation. This is the current practice for lost or stolen permits and is effectively
enforced.
3. Greater Flexibility with Number of Permits Issued
Why issue permits based on on-street parking availability? The issuance of two
permits per unit regardless of any other factors is the most common complaint raised
by those living in parking districts. Some districts have enough on -street spaces to
accommodate more permits, but staff is unable to issue additional permits because
of the limitation. The inclusion of multi-family units of five to eight units in the Dana
Street Parking District was the first instance of deviating from the two permit per unit
restriction by allowing staff to issue one permit per unit thereby accommodating
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Item 6a
residents that would otherwise be unable to participate in the district.
Staff recommends issuing permits based on the number of on -street parking spaces
with a not-to-exceed amount of three times the number of on-street spaces within
the parking district boundaries. As an example, a parking district with 100 units and
100 on-street parking spaces would be eligible to receive up to three permits per
unit. Residents could then elect to receive fewer than three permits per unit based
on the district’s individual needs. Allowing permit issuance based on individual
district factors provides staff with greater flexibility to meet the needs of the
community while addressing issues at the staff level.
Residents of existing parking districts have expressed concerns with this method of
calculating the number of permits issued per unit mainly because of the prominence
of rental properties in parking districts near the Cal Poly campus. If the proposed
language is approved, the permits issued per unit would not automatically change
for existing parking districts. Existing district residents would need to request an
analysis be performed to see if more permits can be issued and, if so, the increase
in permits available would require a majority of residents (+60%) to be in-favor of
receiving additional permits. The +60% majority in-favor support is the same
requirement for when a new district is proposed or when existing district residents
want to modify their district’s enforcement hours. If there is support from residents,
then the permits would be equally divided amongst all units in the district, so that the
additional permits do not disproportionally benefit rental properties.
Previous Council or Advisory Body Action
New parking permit districts and changes to existing districts requires Council approval
via resolution while changes to the district formation process requires ordinance
adoption to amend the applicable Municipal Codes. Below are the dates of previous
Council action to amend the district formation process that have occurred over the past
two decades:
1. April 16, 2002 – Council adopted an ordinance to allow greater flexibility when
considering the merits of proposed districts, increased the required resident
support to recommend establishing a district, and inclusion of more proactive
enforcement language.
2. September 7, 2004 – Council adopted an ordinance to address various
interpretations of specific process elements and to add clarifying language to the
Municipal Code.
Page 220 of 271
Item 6a
3. April 6, 2021 – Council adopted an ordinance to allow multi-family properties of
five to eight units on Dana Street to participate in the parking district and to
receive permits.
Policy Context
The California Vehicle Code section 22507 allows local authorities to restrict or prohibit
parking on certain streets except for permitted residents, merchants, and their guests.
The language of this Vehicle Code section has been interpreted to allow cities to
establish parking districts exclusively for residents, businesses, or both. The City
currently only allows parking districts in residential areas but has the authority to
establish parking districts in commercial areas as well as areas with both residential and
commercial mixed together.
Public Engagement
All property owners and occupants of existing parking permits districts have been
notified via mail of the Council meeting and the recommended language changes (See
Attachment B). Staff has received email correspondence resulting from the letter and
have responded to all questions and concerns. Staff have discussed the recommended
changes with businesses in the South Higuera area and businesses around the Dana
Street Parking District; both of which support the changes.
CONCURRENCE
The City’s Attorney’s office has reviewed the ordinance and determined that the
amendments to the applicable Municipal code sections are within the authority of the
City to enact and enforce.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: On-going
Funding Identified: N/A
Page 221 of 271
Item 6a
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Parking Fund N/A N/A N/A N/A
Total N/A N/A N/A N/A
There are no direct costs associated with adoption of this ordinance. Costs associated
with the establishment or expansion of parking permit districts, under these
amendments, will be funded through the Parking Fund service rates and incorporated
into the annual budget appropriation. The Fund’s current budget can likely absorb one-
time and on-going costs associated with the establishment and expansion of parking
permit districts. The Fund receives multiple district requests each year and staff has
included an annual budget for establishing districts in the non-staffing operating
expenditure line items.
If the proposed Municipal Code language changes result in an abnormally high number
of district requests that cannot be accommodated within the Fund’s existing budget,
then staff will return at mid-year budget review with a request to appropriate funds from
Parking Fund working capital to cover the additional costs.
Costs to implement a new parking district or expand an existing district varies based on
the size and extent of the approved district boundaries. Recently established or
expanded districts including the Dana Street Parking District, Anholm Park ing District,
and the expansion of the Monterey Heights Parking District have ranged in costs from
$5,400 to $10,650 depending on the number of signs and the installation method.
On-going costs for the annual hangtag permits run about $2.50 per permit whe n
ordered for all districts. The cost of permits and staff time to administer the parking
district program is largely offset by the annual permit cost of $20 per permit which
accounted for $35,125 in revenue in FY2021. Staff is pursuing digital permit tech nology
which will reduce on-going costs and staff time to administer the program.
ALTERNATIVES
Do not amend the Municipal Code. Staff does not recommend this alternative since
the existing Municipal Code sections (10.36.170 et al.) which governs the City’s parking
permit district program is outdated and no longer meets the needs of the community.
Denying the amendments restricts the City’s ability to effectively restrict and manage
on-street parking throughout the City.
Page 222 of 271
Item 6a
ATTACHMENTS
A – Draft Ordinance amending the Municipal Code to revise the City’s parking permit
program
B – Notification letter sent to existing parking district property owners and occupants
Page 223 of 271
Page 224 of 271
O ______
ORDINANCE NO. _____ (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 10 CHAPTER 36
(STOPPING, STANDING AND PARKING FOR CERTAIN PURPOSES OR
IN CERTAIN PLACES) OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, California Vehicle Code section 22507 provides cities the authority
to restrict stopping, standing, or parking of vehicles on certain streets upon which
preferential parking privileges are given to residents and merchants adjacent to the
street for their use and the use of their guests; and
WHEREAS, the City of San Luis Obispo’s Municipal Code contains sections
detailing the formation process for parking permit districts within city limits; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
existing formation process is outdated, and revisions are necessary to meet the current
needs of the community.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 10.36.170 (designation of residential parking permit areas –
Adoption of resolution) of the San Luis Obispo Municipal Code is hereby amended to
read as follows:
10.36.170 Designation of residential preferential parking permit areas—
Adoption of resolution.
A. The council should, by resolution, designate an area of the city as a
residential preferential parking permit area if the council finds that:
1. The area is predominantly residential;
2. The streets in the area are congested with vehicles parked by persons not
residing or working in the area and the designation is supported by a sixty
percent majority of the affected households addressed units as indicated by a
city survey of the affected households addressed units in which a sixty percent
majority of participating households is required; or
3. Limiting the parking of vehicles along the streets in the area to vehicles
registered or controlled and exclusively used by persons residing or working in
the area is necessary in order to preserve the character of the existing
neighborhood area as defined in resident petition and approved by a sixty
percent majority of households addressed units in the area. Households
Addressed units will be determined using the city’s address database (there may
be more than one household unit per parcel) and will be limited to non-residential
Page 225 of 271
Ordinance No. _____ (2021 Series) Page 2
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units and residential units, including non-multifamily units of less than five
dwelling units with the exception of the residential preferential parking permit
district on Dana Street which allows for multifamily units of five to eight dwelling
units to be eligible to receive permits. This exception will be in effect until the
completion of construction of the Palm-Nipomo parking structure or until nullified
by city council action.
B. In determining whether limiting the parking of vehicles along the streets in the
area to vehicles registered to or controlled and used exclusively b y persons
residing or working in the area is necessary in order to preserve the character of
the existing neighborhood area for the persons residing or working in the area,
the council shall consider the negative effect of vehicles parked by persons not
residing or working in the area on:
1. Environmental characteristics such as ambient noise levels and air pollution
levels;
2. Pedestrian and vehicular traffic safety in the area; and
3. The burden on persons residing or working in the area gaining access to their
residences or places of employment.
C. The council may, by resolution, designate an area of the city as a residential
preferential parking permit area after holding a public hearing and making a
finding that the establishment of the district rep resents the desire of a majority of
the households addressed units of the area. The hearing on any such resolution
should only be held after the council receives a request, in a form acceptable to
the council. (Ord. 1694 § 1, 2021; Ord. 1454 § 1, 2004: Ord. 1412 § 2 (part),
2002; Ord. 1264 § 1, 1994: prior code § 3209.17)
SECTION 2. Section 10.36.180 (designation of residential parking permit areas –
Content of resolution) of the San Luis Obispo Municipal Code is hereby amended to
read as follows:
10.36.180 Designation of residential preferential parking permit areas—
Content of resolution.
The resolution designating an area of the city as a residential preferential permit
parking area shall describe the designated area in which parking will be limited to
vehicles displaying a parking permit issued by the public works department for
that purpose and shall set forth the hours and days, as specified by a sixty
percent majority of the households addressed units in the district, when parking
will be limited to those vehicles. (Ord. 1454 § 2, 2004: Ord. 1412 § 2 (part), 2002:
Ord. 1264 § 2, 1994: prior code § 3209.18)
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Ordinance No. _____ (2021 Series) Page 3
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SECTION 3. Section 10.36.190 (designation of residential parking permit areas –
Sign posting) of the San Luis Obispo Municipal Code is hereby amended to read as
follows:
10.36.190 Designation of residential preferential parking permit areas—Sign
posting.
Upon adoption of a resolution by the council designating an area of the city as a
residential preferential parking permit area, the public works director or their
designee(s) shall cause appropriate signs to be erected along the streets
identified in the resolution which shall give notice of the limitation on the parking
of vehicles in the area as provided in Section 10.36.170, and shall indicate the
hours and days when such limitations shall be in effect. (Ord. 1628 § 25, 2016:
prior code § 3209.19)
SECTION 4. Section 10.36.200 (Limitations on parking in a residential permit
parking area) of the San Luis Obispo Municipal Code is hereby amended to read as
follows:
10.36.200 Limitations on parking in a residential preferential permit parking
area.
It is unlawful for any person to stop, stand, or park a vehicle on any street
identified in a resolution adopted by the council designating a residential
preferential permit parking area during the hours and on the days set forth in
such resolution except:
A. Those vehicles described in Section 10.36.180 displaying a valid permit
issued as provided for by Section 10.36.220 and parked within the street block in
front of the household addressed unit to which the permit is issued or within one
adjoining district block; or
B. Any emergency vehicle, including, but not limited to, an ambulance, fire
engine, or police vehicle; or
C. A vehicle with commercial plates which is under the control of a person, who
does not reside within the district, providing service for hire to property located in
the designated residential preferential permit parking area, including but not
limited to a delivery vehicle. Such vehicles cannot be parked within the area for
more than twenty-four consecutive hours; or
D. District residents participants wishing to sponsor guests special one-day
events which will exceed the number of parking permits available may contact
the city parking manager and request a temporary permits, special-event
exemption to the residential permit requirement. If the temporary exemption is
granted by the parking manager, all vehicles which have as their destination a
qualified residential permit preferential permit address, shall display in clear view
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Ordinance No. _____ (2021 Series) Page 4
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on the dashboard, written confirmation of the street address and date and time of
the event that the permit is valid. Further, special events Issuance of sponsored
guest permits shall be deemed infrequent occurrences and any regular requests
for parking sponsored guest permits exemption will not be authorized. This
section shall not be interpreted to allow the daily parking of vehicles. Any vehicle
not displaying the proper or authorized identification shall be subject to citation.
(Ord. 1454 § 3, 2004: Ord. 1264 § 3, 1994: prior code § 3209.20)
SECTION 5. Section 10.36.220 (Residential parking permit - Issuance) of the
San Luis Obispo Municipal Code is hereby amended to read as follows:
10.36.220 Residential Preferential parking permit—Issuance.
Annually, the director of public works shall issue two residential preferential
parking permits to the registered property owner, or the registered property
owner’s representative, as authorized in writing, occupant of each property
shown with a unique number on the latest county of San Luis Obispo
assessment roll within each residential preferential parking permit area
established by resolution as set forth in Section 10.36.180. Applicants must
present proof of occupancy within the preferential parking district prior to permit
issuance. Qualified households parcels that have multiple, separate dwelling
addressed units shall be eligible for additional to receive permits for each
addressed unit., providing the total number of permits issued to one parcel does
not exceed twice the number of residential dwelling units on the parcel. All
parking permits may be picked up in person at the office of the city parking
manager or will be mailed to the address on record of the property on written
request of the property owner.
In determining the number of permits to be issued per addressed unit, the city
parking manager shall use the linear curb feet of on-street parking available
within the proposed district boundaries where a single on -street parking space is
equivalent to twenty linear feet of continuous curb space. The total number of
permits issued within a district shall not exceed three times the number of on-
street parking spaces within the proposed district boundaries. The total number
of permits available will be divided equally amongst all addressed units within the
district boundaries. This method shall also be considered for existing preferential
parking permit areas upon request from individuals within the district boundaries
with exception of multifamily units of five to eight units in the Dana Street
residential preferential parking permit district, which shall be eligible to receive
permits equal to one per dwelling unit per parcel.
Parking permits may be transferred by the residents occupant to any vehicle that
is to be parked on the street and will be recognized by the city, providing they are
displayed clearly. The parking permits shall be issued annually. Fees for
residential parking permits shall be established by city council resolution. The
permits shall be considered part of the residential occupancy of the property and
shall be transferred to the new occupant property owner upon sale of the
Page 228 of 271
Ordinance No. _____ (2021 Series) Page 5
O ______
residence property or upon lease of the property. New applicants must present
proof of occupancy within the preferential parking district prior to permit issuance.
(Ord. 1694 § 2, 2021; Ord. 1565 § 1, 2011: Ord. 1454 § 4, 2004: Ord. 1264 § 4,
1994: prior code § 3209.21)
SECTION 6. Section 10.36.221 (Lost, stolen, or defaced permit replacement) of
the San Luis Obispo Municipal Code is hereby amended to read as follows:
10.36.221 Lost, stolen, or defaced permit replacement.
Any permit lost, stolen, defaced or otherwise altered shall be deemed invalid and
a replacement permit shall be issued to the qualified property owner for a fee of
twenty dollars. If the replacement permit is again lost, stolen, or defaced, a
replacement permit will be issued for a an additional fee of thirty dollars. No
additional replacement permits shall be issued within a twelve -month period. All
permits shall be picked up by the occupant property owner or a representative
authorized in writing by the registered property owner, with proof of occupancy
identification, at the office of the city parking manager. The occupant property
owner or a representative authorized in writing by the owner shall certify that the
original permit was lost, stolen, or in the case of damaged permits shall submit
the damaged permit, stating the permit shall be used by qualified residents
occupants and their bona fide visitors.
Any resident occupant and/or property owner found to misrepresent themselves
for the purposes of fraudulently obtaining residential preferential parking permits
shall lose their right to said permits and no permits will be issued to the
household until the beginning of the next permit year and shall be guilty of an
infraction. (Ord. 1694 § 3, 2021; Ord. 1454 § 5, 2004: Ord. 1264 § 5, 1994)
SECTION 7. Section 10.36.230 (Residential parking permits – Display required)
of the San Luis Obispo Municipal Code is hereby amended to read as follows:
10.36.230 Residential Preferential parking permits—Display required.
Parking permits issued under Section 10.36.220 shall be displayed on a vehicle
in a manner prescribed by the director of public works. The method of display
shall be clearly stated on the rear of the permit. (Ord. 1264 § 6, 1994: prior code
§ 3209.23)
SECTION 8. Section 10.36.232 (Enforcement) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
10.36.232 Enforcement.
Enforcement of the residential preferential parking permit district shall be on a
regular and routine basis, and may be on a complaint basis by residents
occupants within the district boundaries. Enforcement personnel shall be
dispatched on an as-available basis as determined by the city parking
manager/police department. All parking citations issued for noncompliance with
Page 229 of 271
Ordinance No. _____ (2021 Series) Page 6
O ______
the parking permit requirement shall be governed by the civil proceedings set
forth in the California Vehicle Code. (Ord. 1412 § 2 (part), 2002: Ord. 1264 § 7,
1994)
SECTION 9. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a
court of competent jurisdiction, such invalidity or unenforceability shall not affect the
validity or enforcement of the remaining portions of this ordinance, or any other
provisions of the city' s rules and regulations. It is the city' s express intent that each
remaining portion would have been adopted irrespective of the fact that any one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or
unenforceable.
SECTION 10. Environmental determination. These amendments to Title 10
Chapter 36 of the City of San Luis Obispo Municipal Code do not constitute a “Project”
under CEQA Guidelines Sec. 15378.
SECTION 11. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____, 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2021, on the following
vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
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Ordinance No. _____ (2021 Series) Page 7
O ______
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California, this ______ day of ______________,
_________.
______________________________
Teresa Purrington
City Clerk
Page 231 of 271
Page 232 of 271
Parking Services
1260 Chorro Street, Suite B, San Luis Obispo, CA 93401
805.781.7230
slocity.org
August 2, 2021
Dear Resident / Property Owner:
At the upcoming City Council meeting on Tuesday, August 24th, staff will be presenting
proposing changes to the parking permit district process to modify the following elements:
1. Allow businesses to participate in the parking permit district program.
The current municipal code language governing parking permit districts (SLOMC 10.36.170
et al) restricts participation in the permit program to non-multifamily residential properties of
four or fewer units. This limitation restricts the City’s ability to address parking impacts in areas
that are not predominately residential. Multifamily properties of five or more units would still
not be allowed to participate in the process.
2. Allow the Parking Division to issue parking permits directly to the Occupants
Currently, property owners are issued the annual parking permits even though the occupants
vote in support or opposition of a district’s establishment. Property owners can provide written
authorization for occupants to purchase permits but this process is confusing for both parties
and it creates delays in the permit issuance process. Issuing directly to the occupants would
reduce the administrative workload, streamline the implementation of the program, and
alleviate any impacts of untimely issuance of permits for the occupants.
3. Greater Flexibility with Number of Permits Issued
The issuance of two permits per unit maximum is the most common complaint raised by those
living in parking districts. Some districts have enough on-street spaces to accommodate more
permits, but staff is unable to issue additional permits because of the two-permit limitation.
Staff is recommending the issuance of permits based on the number of on-street parking
space with a not to exceed amount of three times the number of on-street space. Allowing
permit issuance based on this individual district factor provides staff with greater flexibility to
meet the needs of the community while addressing issues at the staff level.
How do these changes affect you?
If the recommended changes are approved by Council, then they will apply to all existing parking
districts throughout the City. This means residents of existing parking districts can request an
analysis be performed to determine if additional permits can be issued to those living in a given
parking district. It also means that businesses adjacent to existing districts can request to
participate in the parking district and to receive permits. You are welcome to attend the Council
meeting on Tuesday, August 24th, and comment publicly on the recommended changes or you
can write into Council at emailcouncil@slocity.org.
If you have any questions about these specific changes or general parking permit district
questions, then please contact Alexander Fuchs at afuchs@slocity.org.
Sincerely,
Alexander Fuchs
Parking Services Supervisor
Page 233 of 271
Page 234 of 271
Item 6b
Department: Community Development and
Fire
Cost Center: 8509
For Agenda of: 8/24/2021
Placement: Public Hearing
Estimated Time: Hearing
FROM: Michael Codron, Community Development Director
Keith Aggson, Fire Chief
Prepared By: Kelsey Nocket, Homelessness Response Manager & James Blattler,
Senior Administrative Analyst
SUBJECT: MOBILE CRISIS UNIT (MCU) – MENTAL HEALTH CLINICIAN RFP AND
VAN PURCHASE
RECOMMENDATIONS
1. Authorize the issuance of Request for Proposals (RFP) for contracting services of a
Mental Health Clinician for the City of San Luis Obispo’s Pilot Mobile Crisis Unit; and
2. Authorize the City Manager to enter into an agreement with the contractor that best
responds to the RFP in terms of qualifications, cost, and approach to program
implementation; and
3. Authorize the purchase of the Pilot Mobile Crisis Unit vehicle by adding the vehicle
acquisition to the City’s Capital Improvement Program; and
4. Authorize the Finance Director to approve a Budget Amendment Reques t moving
approved vehicle purchase funding from the General Fund to the Capital Outlay Fund.
DISCUSSION
Background
With fiscal year 2021-22, City Council adopted a Major City Goal for Housing and
Homelessness. One key task of this goal is to pilot the City’s first Mobile Crisis Unit
(MCU). This pilot effort was inspired by similarly oriented programs (ex: CAHOOTS in
Eugene, OR) which focus on issues related to mental health, homelessness, and
addiction. Through piloting this MCU, the City aims to provide evidence of effective
programming for the County of San Luis Obispo to adopt and expand upon as the
agency with dedicated funding for social services.
Contract Services for a Mental Health Clinician
The City of San Luis Obispo’s Pilot MCU is proposed to be staffed by co-deployed
Emergency Medical Technician (EMT) and Mental Health Clinician personnel, who
serve as primary and secondary responders on emergency and non-emergency calls
for service involving persons suffering from physical or mental health crisis. The Mental
Health Clinician will be a contract position responsible for providing in person mental
health services including assessments, case management, rehabilitation services, crisis
Page 235 of 271
Item 6b
management, and coordination with, or referral to, other service providers. The Mental
Health Clinician will need to deliver therapeutic services to homeless, transient, and
other high-risk clients who have mental health and/or substance abuse issues. This is a
physically and mentally demanding role that requires assessments and services to be
administered in the field during response calls through non-emergency dispatch or as
identified by on-site observation on regular service routes. The details of the services
and role of the Mental Health Clinician are outlined in Attachment A.
Vehicle
To allow the Pilot MCU personnel to deliver their mission to provide aid to community
members in crisis, staff is recommending the purchase of a dedicated MCU vehicle.
Currently the City does not have existing available vehicles in the fleet that can be re-
purposed for the program due to both the special needs of the program and impacts to
existing operations. Staff evaluated the option to lease the vehicle, but a purchase is
necessary due to the vehicle modifications needed including, but not limited to, hazard
lighting, decaling, communication electronics (radios and tablets), basic life support
medical equipment storage, and seating for non -emergency transportation to
appropriate care facilities.
Funding for this purchase was approved as part of the 2021 -23 Financial Plan;
however, the vehicle was not included as part of the adopted Capital Improvement
Program (CIP) for fleet. Staff therefore requests Council approval to add the vehicle,
which is considered a capital asset, to the CIP and the transfer of the applicable funding
to the Capital Outlay fund.
To best suit the delivery of the Pilot MCU services, staff is recommending the purchase
of Ford Transit Connect Van; staff has received a purchase quote utilizing cooperative
purchase agreement pricing (Attachment B) that aligns with the existing budget.
If the Pilot MCU program is not continued (or is assumed by the County of San Luis
Obispo or another agency) or is discontinued prior to the useful “life” of the vehicle it will
be repurposed as a Fire Department support vehicle until it reaches its useful life or
repurposed to meet other City needs.
Previous Council or Advisory Body Action
On June 1, 2021, the City Council adopted the 2021-2023 Major City Goal for Housing
and Homelessness, which included the Pilot Mobile Crisis Unit Pilot Program
Implementation, among other activities.
Policy Context
Major City Goals – Housing and Homelessness
Strategy 3.10 – Mobile Crisis Unit Pilot Program Implementation
a. Pair a crisis worker with an Emergency Medical Technician (EMT) to provide
non-emergency response and care to unhoused community members.
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Item 6b
b. Implement the program with the goals of reducing emergency dispatch of
paramedics and law enforcement to community members who need non -
emergency support.
c. Engage with the County of San Luis Obispo in the implementation of pilot
programs so that if it is successful, it can be scaled up and replicated across the
region.
Per the 2021-23 Capital Improvement Program in the 2021-23 Financial Plan:
CIP Definitions & Policies
A. CIP Project Amount: Construction projects and equipment purchases that cost
$25,000 or more will be included in the CIP. Minor capital outlays of less than
$25,000 will be included with the operating program budgets.
E. CIP Appropriation: The City’s annual CIP appropriation for study, design,
acquisition and/or construction is specific to the projects designated by the
Council through adoption of the Financial Plan. Adoption of the Financial Plan
CIP appropriation does not automatically authorize project contract expenditures
and any expenses and purchases must conform to Municipal Code require ments.
Spending approval generally occurs only after the preceding project phase has
been completed. Accordingly, construction expenditure approvals are generally
made when Council authorizes the release of the project plans and specifications
for bidding. In that same action the Council authorizes a contract to be entered
into if the project costs are within the budgeted amount
CONCURRENCE
Consistent with several of the tasks associated with the City’s adopted 2021-23 Major
City Goal focused on Housing and Homelessness, this work effort represents a program
that could be piloted and implemented regionally in other cities and unincorporated
areas. The draft Request for Proposals (Attachment A) incorporates comments
provided by the County of San Luis Obispo Health Agency’s Behavioral Health
Administrator to ensure streamlined service provision and enable easy adoption by the
County should they decide to fund the City’s program at a later date consistent with their
mission and funding resources in support of community social services and health.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (SEQA) does not apply to the recommended
actions in this report, because none of the actions constitute a “Project” under CEQA
Guidelines Sec. 15378.
Page 237 of 271
Item 6b
FISCAL IMPACT
Budgeted: Yes Budget Years: FY2022
Funding Identified: Yes
Fiscal Analysis (RFP):
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $105,335 $105,335 $0 $105,355
State
Federal
Fees
Other:
Total $105,335 $105,335 $0 $105,335
Fiscal Analysis (Vehicle):
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Capital Outlay Fund $31,000 $31,000 $0 $1,500
State
Federal
Fees
Other:
Total $31,000 $31,000 $0 $1,500
The 2021-23 Financial Plan allocated $300,000 per fiscal year to launch and operate
the Mobile Crisis Unit. The remaining funding that is not listed in the table will be used
to fund a support EMT who will be paired for services with the Mental Health Clinician.
Ongoing total annual operating, maintenance and service costs for the vehicle are
estimated at $1,500, including fuel consumption, which can be absorbed in the
approved operating budget for both Fiscal Year 2022 and 2023.
ALTERNATIVES
1. Provide direction regarding an amended RFP and continue authorization of
the RFP to a date uncertain. This alternative is recommended if the City Council
would like to review and consider major revisions to the RFP.
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Item 6b
2. Provide direction regarding an amended RFP and authorize the RFP based on
finalization and approval by the Community Development Director. This
alternative is recommended if the Council provides direction resulting in minor
revisions of the RFP.
3. Utilize an existing City fleet vehicle to be utilized as the Mobile Crisis Unit. This
alternative is not recommended as funding for the vehicle purchase was previously
approved as part of the 2021-23 financial plan and doing such would negatively
impact operations of an existing City service.
ATTACHMENTS
A – Draft Request for Proposals (RFP) MCU Mental Health Clinician
B – Vehicle Quote, National Auto Fleet Group
Page 239 of 271
Page 240 of 271
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 Mental Health Mobile Crisis Unit (MCU)
Mental Health Care Clinician
The City of San Luis Obispo is requesting sealed proposals for services associated with the MCU Mental
Health Clinician.
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 firms interested in receiving further correspondence regarding this Request for Qualifications will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml).
All qualifications must be received via BidSync by the Department of Finance at or before September 14,
2021 when they will be opened electronically in BidSync.
An optional pre-proposal conference will be held to answer any questions that the prospective proposers
may have regarding the City's request for proposals.
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com.
Please contact Daniel Clancy (dclancy@slocity.org) with any questions.
For technical help with BidSync please contact BidSync tech support at 800-990-9339.
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TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................................... 1
B. SCOPE OF WORK ....................................................................................................................................... 1
C. PROJECT SCHEDULE .................................................................................................................................. 1
D. PROJECT BUDGET ..................................................................................................................................... 2
E. GENERAL TERMS AND CONDITIONS ......................................................................................................... 2
F. SPECIAL TERMS AND CONDITIONS .................................................... ERROR! BOOKMARK NOT DEFINED.
G. FORM OF AGREEMENT ........................................................................................................................... 13
H. INSURANCE REQUIREMENTS .................................................................................................................. 15
I. PROPOSAL SUBMITTAL FORMS .......................................................... ERROR! BOOKMARK NOT DEFINED.
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A. INTRODUCTION
On June 1, 2021, the City of San Luis Obispo Council leaders advanced a pro-active approach to addressing
mental health across our community by adopting the 2021-2023 Major City Goals. In addition to
expanding the City’s Community Action Team, the City Council approved implementation of the City of
San Luis Obispo’s first Mobile Crisis Unit. The MCU consists of co-deployed Emergency Medical Technician
(EMT) and Mental Health Clinician personnel, that serve as primary and secondary responders on calls for
services involving persons suffering from a physical or mental health crisis.
The City of San Luis Obispo is seeking Contractor bids to staff the Mental Health Clinician component of
an expanded MCU. The Mental Health Clinician will be responsible for providing on-site, mental health
services including assessments, case management, rehabilitation services, crisis management, and
coordination with/referral to other service providers. The Mental Health Clinician will need to deliver
several therapeutic techniques, to homeless, transient, and other high-risk clients who have either/both
severe mental health issues and substance abuse issues. This is a physically demanding role which requires
assessments/services be administered in the field during response calls designated by dispatch or as
identified by on-site observation during regular patrol duties.
B. SCOPE OF WORK
Contractor Requirements:
1. Maintain a Memorandum of Understanding with the City of San Luis Obispo to outline project
agreements, expectations, resource commitments (e.g. computers, office supplies, communications
equipment, etc.), schedules, and a proposed system of care; and
2. Employ mental health clinician(s) licensed (or registered as an intern) in California at the advanced
clinical level (e.g. Licensed Clinical Social Worker (LCSW), Licensed Marriage and Family Therapist
(LMFT), Licensed Professional Clinical Counselor (LPCC), to enable co-deployment with City personnel
on the MCU. Ensure shift coverage on designated City Fire Department working shifts.
Mental Health Clinician Requirements:
1. Cover forty (40) hours per week on a flexible schedule (may include weekends, evenings, and on-call);
2. Primarily field outreach position, on occasion will support emergency service departments on specific
mental health related incidents;
3. Adhere to safety protocols as established by Fire Department at scenes of behavioral health crises;
adopt a blended approach to addressing both mental and physical ailments simultaneously;
4. Provide direct crisis intervention to individuals identified through dispatch calls for service or through
observed need while on rotation in partnership with Emergency Medical Technicians (EMTs) assigned
to MCU. Provide assessments and/or crisis counseling in first responder capacity;
5. Provide and participate in trainings on best practices based for service delivery. Coordinate training
opportunities for SLO Fire Department counterparts and other City staff members several times per
year as part of an ongoing training effort;
6. Conduct research/coordinate with similarly oriented teams to monitor ongoing development of best
practices and/or lessons learned and adapt service provision;
7. Attend fire and EMS trainings and inform or train fire and EMS counterparts on best practices and
evidence-based approaches for administering metal health services in the field;
8. Assess and interview potential clients to determine eligibility for services through local providers
(County Behavioral Health programs, non-profit assistance, etc.) Assist individuals in connecting with
appropriate services;
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9. Document clinical activity presenting diagnostic and interview findings, clinical evaluations, and
recommendations as a member of an interdisciplinary team;
10. Act in outreach capacity: Provide needed follow-up to support individuals previously contacted;
Educate clients and families on diagnosis, prognosis, treatment, and rehabilitation process/options;
Provide transportation to clients as needed to access appropriate services;
11. Coordinate care with other agencies, attend multi-disciplinary meetings to develop appropriate
treatment and interventions, and provide as necessary for continuity of care; and
12. Follow all laws and regulations related to patient privacy (HIPPA), patient’s rights, and compliance.
C. PROJECT SCHEDULE
Preliminary Schedule Tasks
8/25/21 Bid Released
9/14/21 Bid Closed
9/21/21 Evaluation of Responses
9/27/21 Contract Execution and Award
D. PROJECT BUDGET
Not to exceed $201,000 for a 2-year term.
E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue
of its proposal submittal, the bidder acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit
electronic please send your bid copy in a sealed envelope to the Department of Finance, City of
San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature
opening, the proposal should be clearly labeled with the proposal title, project number, name of
bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
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4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any bidder for any item are not in agreement, the unit price alone will be considered as
representing the bidder’s intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior
to the time specified for the proposal opening, by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
No proposal received after the time specified or at any place other than that stated in the “Notice
Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared
publicly. Bidders or their representatives are invited to be present at the opening of the
proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested as the primary submitter in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business entity that
has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on
materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from
quoting prices to other bidders submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that proposals are qualified by specific
limitations. See the “special terms and conditions” in Section C of these specifications for
proposal evaluation and contract award criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will provide,
in a timely manner, all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written
contract with the City within ten (10) calendar days after notice of the award has been sent by
mail to it at the address given in its proposal. The contract shall be made in the form adopted by
the City and incorporated in these specifications.
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CONTRACT PERFORMANCE
11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages
and amounts specified in Section E of these specifications within 10 (ten) calendar days after
notice of contract award as a precondition to contract execution.
12. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license
& tax certificate before execution of the contract. Additional information regarding the City’s
business tax program may be obtained by calling (805) 781-7134.
13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry
out and complete the work hereunder in compliance with all federal, state, county, city, and
special district laws, ordinances, and regulations.
14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
18. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous
to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the
public and employees.
19. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the
Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
20. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall
be employed in the performance of the work hereunder.
21. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
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22. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor
due to federal government restrictions arising out of defense or war programs, then the time of
completion may, at the City’s sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such extensions
prior to the completion date of the contract, the City may, at the time of acceptance of the work,
waive liquidated damages that may have accrued for failure to complete on time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
23. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment, or services provided by the
Contractor (Net 30).
24. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done, and all materials furnished, if any,
shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve
Contractor of any of its obligations to fulfill its contract requirements.
25. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
26. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree
with the performance of the work hereunder. The Contractor further covenants that, in the
performance of this work, no subcontractor or person having such an interest shall be employed.
The Contractor certifies that no one who has or will have any financial interest in performing this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Contractor shall at all times be deemed an independent contractor
and not an agent or employee of the City.
27. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law
(including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall
indemnify, defend, and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs
of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to
perform its obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s active or passive negligence, except for such loss or damage arising from the
sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a
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
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legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a
“construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall
apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations,
judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Consultant’s performance or Consultant’s failure to perform its obligations
under this Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the City. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide
a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope
of Services require Consultant to provide “design professional services” as those phrases are used
in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest
extent permitted by law (including, but not limited to California Civil Code Sections 2782 and
2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials,
officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims,
damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and
expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or
willful misconduct of Consultant, except to the extent caused by the sole negligence, active
negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any
subcontractor employed by Consultant shall be conclusively deemed to be the negligence,
recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide
a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event
shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s
proportionate percentage of fault. However, notwithstanding the previous sentence, in the event
one or more defendants is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid
defense costs.
(d) The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense
obligations. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract
relating to insurance.
28. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
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29. Termination for Convenience. The City may terminate all or part of this Agreement for any or no
reason at any time by giving 30 days written notice to Contractor. Should the City terminate this
Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf
products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase
price; (b) for custom products, the less of a reasonable price for the raw materials, components
work in progress and any finished units on hand or the price per unit reflected on this Agreement.
For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of
a reasonable price for the services rendered prior to termination, or the price for the services
reflected on this Agreement. Upon termination notice from the City, Contractor must, unless
otherwise directed, cease work and follow the City’s directions as to work in progress and finished
goods.
30. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor in
writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified
in the notice, such shall constitute a breach of the contract and the City may terminate the
contract immediately by written notice to the Contractor to said effect. Thereafter, neither party
shall have any further duties, obligations, responsibilities, or rights under the contract except,
however, any and all obligations of the Contractor’s surety shall remain in full force and effect,
and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City’s Notice of
Termination, minus any offset from such payment representing the City’s damages from such
breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Contractor shall be based solely on the City’s assessment of the value of the work-
in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
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SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the
proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract
award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves
the right to declare said proposer is no longer the lowest responsible, responsive proposer and to
accept the next acceptable low proposal from a proposer that is not experiencing a labor action,
and to declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into
the contract: the award will be annulled; any bid security will be forfeited in accordance with the
special terms and conditions if a proposer's bond or security is required; and an award may be
made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if
it were the party to whom the first award was made.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for up to one year.
The prices quoted for these items must be valid for the entire period indicated above unless
otherwise conditioned by the proposer in its proposal.
6. Contract Extension.
The term of the contract may be extended by mutual consent for an additional one-year, and
annually thereafter, for a total of four years.
7. Supplemental Purchases
Supplemental Purchases. Supplemental purchases may be made from the successful proposer
during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For
these supplemental purchases, the proposer shall not offer prices to the City in excess of the
amounts offered to other similar customers for the same item. If the proposer is willing to offer
the City a standard discount on all supplemental purchases from its generally prevailing or
published price structure during the contract term, this offer and the amount of discount on a
percentage basis should be provided with the proposal submittal.
8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detail
invoices as supporting detail, or in one lump-sum upon completion.
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9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Proposals will be considered for
any brand that meets or exceeds the quality of the specifications given for any item. In the event
an alternate brand name is proposed, supplemental documentation shall be provided
demonstrating that the alternate brand name meets or exceeds the requirements specified
herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer,
and the City shall be the sole judge in making this determination.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis
Obispo by the successful proposer and received by the City within 90 days after authorization to
proceed by the City.
12. Start and Completion of Work. Work on this project shall begin immediately after contract
execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated
with City by mutual agreement.
13. Change in Work. The City reserves the right to change quantities of any item after contract award.
If the total quantity of any changed item varies by 25% or less, there shall be no change in the
agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of
25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
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PROPOSAL CONTENT
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm and those of sub-consultants in performing work and projects
relevant to the Scope of Services outlined and described in the request.
e. Statement and explanation of any instances where your firm or sub-consultant has been
removed from a project or disqualified from proposing on a project.
f. Once identified, the following information must be provided for individuals who would
be assigned to this project:
Proof license or registration as intern in California at advanced clinical level:
Licensed Clinical Social Worker (LCSW), Licensed Marriage and Family
Therapist (LMFT), Licensed Professional Clinical Counselor (LPCC))
Resumes with corollary experience highlighted and specific roles in this project
clearly described.
Work Program
g. Detailed description of your approach to completing the work.
h. Detailed schedule by task and sub-task for completing the work.
i. Estimated hours for your staff in performing each phase and task of the work, including
sub-consultants, so we can clearly see who will be doing what work, and how much time
it will take.
j. Detailed budget by task and sub-task for completing the work.
k. Services or data to be provided by the City.
l. Services and deliverables provided by the Consultant(s).
m. Any other information that would assist us in making this contract award decision.
n. Description of assumptions critical to development of the response which may impact
cost or scope.
Proposal Length
o. Proposal length should only be as long as required to be responsive to the RFP, including
attachments and supplemental materials.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and
evaluated on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
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c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent team experience in successfully performing similar services.
e. Creativity of the proposed approach in completing the work.
f. Value
g. Writing skills.
h. References.
i. Background and experience of the specific individuals managing and assigned to this
project.
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.
3. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City and shall be delivered to the City upon demand.
4. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Contractor as part of the work or services under these
specifications shall be the property of the City and shall not be made available to any individual
or organization by the Contractor without the prior written approval of the City.
5. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, the Contractor shall
provide such additional copies as are requested, and City shall compensate the Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
6. Required Deliverable Products. The Contractor will be required to provide:
a. One electronic submission - digital-ready original .pdf of all final documents. If you wish
to file a paper copy, please submit in sealed envelope to the address provided in the RFP.
b. Corresponding computer files compatible with the following programs whenever possible
unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
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c. City staff will review any documents or materials provided by the Contractor and, where
necessary, the Contractor will be required to respond to staff comments and make such
changes as deemed appropriate.
7. Attendance at Meetings and Hearings. As part of the work scope and included in the contract
price is attendance by the Contractor at up to [number] public meetings to present and discuss
its findings and recommendations. Contractor shall attend as many "working" meetings with staff
as necessary in performing work-scope tasks.
8. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are
cautioned to undertake an independent analysis of any test results in the specifications, as City
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall
bear sole responsibility for proposal preparation errors resulting from any misstatements or
omissions in the plans and specifications that could easily have been ascertained by examining
either the project site or accurate test data in the City's possession. Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any patent
ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure
to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An
ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming
reasonable skill, ability and diligence on its part, knew or should have known of the existence of
the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in
writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any
right to assert said defects or ambiguities subsequent to submittal of the proposal.
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.
Page 254 of 271
-13-
SECTION G: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for [______________]
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City
for said project;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until acceptance or completion of said project.
2. INCORPORATION BY REFERENCE. City RFP and Contractor's proposal dated [date] is
hereby incorporated in and made a part of this Agreement and attached as Exhibit A. 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 Exhibit A. If there are installment payments?
Contractor shall be eligible for compensation installments after completion of milestone Tasks -E as shown
in the attached project schedule.
4. CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments
and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City
to do everything required by this Agreement and the said specifications.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Manager.
Page 255 of 271
-14-
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto.
No oral agreement, understanding or representation not reduced to writing and specifically incorporated
herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation
be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Name
Dept.
Address
Consultant Name
Title
Address
Address
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:_____________________________________
City Manager
APPROVED AS TO FORM: CONSULTANT:
________________________________ By: _____________________________________
City Attorney Name of CAO / President
Its: CAO / President
Page 256 of 271
-15-
SECTION 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.
Page 257 of 271
-16-
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.
Page 258 of 271
-17-
SECTION I: PROPOSAL SUBMITTAL FORM - SAMPLE
The undersigned declares that she or he:
Has carefully examined RFP _______, which is hereby made a part of this proposal.
Is thoroughly familiar with its contents.
Is authorized to represent the proposing firm.
Agrees to perform the work as set forth in this proposal.
q Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
Page 259 of 271
City of San Luis Obispo
Specification No. 9xxxx
-18-
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Page 260 of 271
City of San Luis Obispo
Specification No. 9xxxx
-19-
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
Page 261 of 271
City of San Luis Obispo
Specification No. 9xxxx
-20-
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes q No q
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
Page 262 of 271
City of San Luis Obispo
Specification No. 9xxxx
-21-
Page 263 of 271
Page 264 of 271
One Unit (MSRP)One Unit Total % Savings Total Savings
Contract Price $29,870.00 $28,144.50 5.777 %$1,725.50
Tax (0.0000 %) $0.00
Tire fee $8.75
Total $28,153.25
Jesse Cooper
Account Manager
Email: Fleet@NationalAutoFleetGroup.com
Office: (855) 289-6572
Fax: (831) 480-8497
7/15/2021 Quote ID: 28740
Order Cut Off Date: TBA
Gus Vargas
City of San Luis Obispo
Fire Department
2160 Santa Barbara Ave
San Luis Obispo, California, 93401
Dear Gus Vargas,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
One (1) New/Unused (2022 Ford Transit Connect Van (S7S) XL LWB w/Rear Symmetrical Doors, ) and delivered to your specified location, each
for
- per the attached specifications.
This vehicle(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 120716-NAF . Please reference this Contract number on all
purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
Page 265 of 271
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase
order approval and submit your purchase order in the following way:
Email: Fleet@NationalAutoFleetGroup.com
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle: www.NAFGETA.com
Use the upfitter of your choice: www.NAFGpartner.com
Vehicle Status: ETA@NationalAutoFleetGroup.com
General Inquiries: Fleet@NationalAutoFleetGroup.com
For general questions or assistance please contact our main office at:
1-855-289-6572
Page 266 of 271
Vehicle Configuration Options
ENGINE
Code Description
992 ENGINE: 2.0L GDI I-4 GAS, -inc: auto start/stop technology and EcoMode, 80 Amp 800 CCA Heavy Duty Battery, (STD)
TRANSMISSION
Code Description
448 TRANSMISSION: 8-SPEED SELECTSHIFT AUTOMATIC, (STD)
PRIMARY PAINT
Code Description
Z2 FROZEN WHITE
PAINT SCHEME
Code Description
___STANDARD PAINT
SEAT TYPE
Code Description
CB EBONY, CLOTH FRONT BUCKET SEATS, -inc: 6-way manual driver seat (fore/aft, up/down and lever recline) and 4-way
manual passenger seat (fore/aft and lever recline) w/fold-flat back
AXLE RATIO
Code Description
___AXLE RATIO: TBD, (STD)
ADDITIONAL EQUIPMENT
Code Description
51C 80 AMP 800 CCA HEAVY DUTY BATTERY
64R WHEELS: 16" ALUMINUM PAINTED DARK SPARKLE
61K 2ND ROW FIXED GLASS ON BOTH SIDES, -inc: steel mesh window guards
55A REAR DOOR FIXED GLASS, -inc: normal tinted glass (2nd-row/rearward), Rear Window Wipers, Day/Night Rearview Mirror
58Z
RADIO: SYNC 3 W/O NAVIGATION, -inc: 6.5" LCD touch screen, AM/FM stereo receiver, SiriusXM satellite radio, 911 Assist,
AppLink, Apple CarPlay compatibility, Android Auto compatibility and 2 smart-charging USB ports, Compass Display, Cruise
Control
525 CRUISE CONTROL
96B WIRELESS CHARGING
85D BLIS (BLIND SPOT INFORMATION SYSTEM), -inc: cross-traffic alert, PowerFold Heated Exterior Mirrors w/Power Adjust,
Power Front-Row Windows w/One-Touch Up/Down
OPTION PACKAGE
Code Description
100A ORDER CODE 100A
Page 267 of 271
2022 Ford Transit Connect Van XL LWB w/Rear Symmetrical Doors
CODE MSRP
S7S $26,175.00
992 INC
448 $0.00
Z2 $0.00
___$0.00
CB $0.00
___$0.00
51C INC
64R $495.00
61K $190.00
55A $295.00
58Z $595.00
525 INC
96B $150.00
85D $575.00
100A $0.00
$28,475.00
$0.00
$1,395.00
$29,870.00
Est City: 24 MPG
Est Highway: 27 MPG
Est Highway Cruising Range: 426.60 mi
2022 Fleet/Non-Retail Ford Transit Connect Van XL LWB w/Rear Symmetrical
Doors
WINDOW STICKER
MODEL
2022 Ford Transit Connect Van XL LWB w/Rear Symmetrical Doors
OPTIONS
ENGINE: 2.0L GDI I-4 GAS, -inc: auto start/stop technology and EcoMode, 80 Amp 800 CCA Heavy Duty Battery, (STD)
TRANSMISSION: 8-SPEED SELECTSHIFT AUTOMATIC, (STD)
FROZEN WHITE
STANDARD PAINT
EBONY, CLOTH FRONT BUCKET SEATS, -inc: 6-way manual driver seat (fore/aft, up/down and lever recline) and 4-way manual
passenger seat (fore/aft and lever recline) w/fold-flat back
AXLE RATIO: TBD, (STD)
80 AMP 800 CCA HEAVY DUTY BATTERY
WHEELS: 16" ALUMINUM PAINTED DARK SPARKLE
2ND ROW FIXED GLASS ON BOTH SIDES, -inc: steel mesh window guards
REAR DOOR FIXED GLASS, -inc: normal tinted glass (2nd-row/rearward), Rear Window Wipers, Day/Night Rearview Mirror
RADIO: SYNC 3 W/O NAVIGATION, -inc: 6.5" LCD touch screen, AM/FM stereo receiver, SiriusXM satellite radio, 911 Assist,
AppLink, Apple CarPlay compatibility, Android Auto compatibility and 2 smart-charging USB ports, Compass Display, Cruise Control
CRUISE CONTROL
WIRELESS CHARGING
BLIS (BLIND SPOT INFORMATION SYSTEM), -inc: cross-traffic alert, PowerFold Heated Exterior Mirrors w/Power Adjust, Power
Front-Row Windows w/One-Touch Up/Down
ORDER CODE 100A
Please note selected options override standard equipment
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Page 268 of 271
Standard Equipment
MECHANICAL
Engine: 2.0L GDI I-4 Gas -inc: auto start/stop technology and EcoMode, 80 Amp 800 CCA Heavy Duty Battery,
Transmission: 8-Speed SelectShift Automatic
Axle Ratio: TBD
GVWR: TBD
50-State Emissions System
Transmission w/SelectShift Sequential Shift Control
Front-Wheel Drive
80-Amp/Hr 800CCA Maintenance-Free Battery w/Run Down Protection
150 Amp Alternator
1570# Maximum Payload
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Steering
15.8 Gal. Fuel Tank
Single Stainless Steel Exhaust
Strut Front Suspension w/Coil Springs
Torsion Beam Rear Suspension w/Coil Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist and Hill Hold Control
EXTERIOR
Wheels: 16" Sparkle Silver-Painted Steel -inc: full wheel covers (non-locking lugs)
Tires: 215/55R16 97H XL AS
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Black Front Bumper
Black Rear Bumper
Black Bodyside Moldings
Black Side Windows Trim and Black Front Windshield Trim
Black Door Handles
Black Manual Side Mirrors w/Convex Spotter and Manual Folding
Light Tinted Glass
Rain Detecting Variable Intermittent Wipers
Fully Galvanized Steel Panels
Black Grille
Sliding Rear Doors
Split Swing-Out Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Autolamp Auto On/Off Aero-Composite Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off
Perimeter/Approach Lights
ENTERTAINMENT
Radio: AM/FM w/Bluetooth -inc: 4.2" LCD multi-function display screen, 1 USB port and 4 front speakers
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Aux Audio Input Jack, Steering Wheel Controls, Voice Activation,
Radio Data System and External Memory Control
Streaming Audio
Integrated Roof Antenna
Page 269 of 271
1 LCD Monitor In The Front
INTERIOR
Driver Seat
Passenger Seat
Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer, Trip Odometer and Trip Computer
Front Cupholder
Remote Keyless Entry w/Integrated Key Transmitter and Illuminated Entry
Manual Air Conditioning
Glove Box
Driver Foot Rest
Front Cloth Headliner
Cloth Door Trim Insert
Urethane Gear Shifter Material
Vinyl Front Bucket Seats -inc: 6-way manual driver seat (fore/aft, up/down, recline) and 4-way manual passenger seat (fore/aft, recline)
w/fold-flat back
Full Floor Console w/Storage, Full Overhead Console w/Storage and 2 12V DC Power Outlets
Delay Off Interior Lighting
Front Only Vinyl/Rubber Floor Covering
Vinyl/Rubber Floor Trim
Cargo Space Lights
Tracker System
Driver And Passenger Door Bins
Power 1st Row Windows w/Driver 1-Touch Down
Delayed Accessory Power
Power Door Locks w/Autolock Feature
Systems Monitor
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Analog Appearance
Seats w/Vinyl Back Material
Driver And Front Passenger Armrests
Manual w/Tilt (driver Only) Front Head Restraints
Securilock Anti-Theft Ignition (pats) Engine Immobilizer
2 12V DC Power Outlets
SAFETY
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC)
ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags
Ford Co-Pilot360 - Automatic Emergency Braking (AEB)
Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st Row Airbags
Airbag Occupancy Sensor
Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters and Pretensioners
Page 270 of 271
Ford Co-Pilot360 - Reverse Camera Back-Up Camera
Page 271 of 271