HomeMy WebLinkAbout06-03-2025 Council Agenda Packet
City Council
AGENDA
Tuesday, June 3, 2025, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
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INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990
Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to emailcouncil@slocity.org. In the body of your
email, please include the date of the meeting and the item number (if applicable). Emails will not
be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the
agenda item number you are calling about, and leave your comment. Verbal comments must be
limited to 3 minutes. Voicemails will not be played during the meeting.
*All correspondence will be archived and distributed to councilmembers, however, submissions
received after the deadline may not be processed until the following day.
Public Comment during the meeting:
Meetings are held in-person. To provide public comment during the meeting, you must be
present at the meeting location.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy,
Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire
to utilize electronic visual aids to supplement their oral presentation must provide display-ready
material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's
Office at cityclerk@slocity.org or (805) 781-7114.
Pages
1.CALL TO ORDER
Vice Mayor Michelle Shoresman will call the Regular Meeting of the San Luis
Obispo City Council to order.
2.PLEDGE OF ALLEGIANCE
Council Member Jan Marx will lead the Council in the Pledge of Allegiance.
3.PRESENTATIONS
3.a HUNGER AWARENESS DAY PROCLAMATION
Vice Mayor Shoresman will present a proclamation declaring June 6th
as "Hunger Awareness Day".
3.b INTRODUCTION - MATTHEW PENNON, DIVERSITY, EQUITY AND
INCLUSION MANAGER
Deputy City Manager Greg Hermann will introduce Matthew Pennon the
new Diversity, Equity and Inclusion Manager.
3.c CITY MANAGER REPORT
Receive a brief report from City Manager Whitney McDonald.
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
Not to exceed 15 minutes. 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 to 5l.
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 - MAY 20, 2025 DRAFT COUNCIL MINUTES 11
Recommendation:
Approve the minutes of the City Council meeting held on May 20, 2025.
5.c ADOPTION OF ORDINANCE NO. 1746 (2025 SERIES) AMENDING
SECTION 17.86.080 OF TITLE 17 OF THE MUNICIPAL CODE TO
CLARIFY SPECIFIC LAND USE AND OPERATIONAL
REQUIREMENTS FOR COMMERCIAL CANNABIS ACTIVITY
[CITYWIDE]
21
Recommendation:
Adopt Ordinance No. 1746 (2025 Series) entitled, “An Ordinance of the
City Council of the City of San Luis Obispo, California, approving an
amendment to Section 17.86.080 (“Cannabis”) of Title 17 (“Zoning”) of
the Municipal Code to clarify specific land use and operational
requirements for commercial cannabis activity.” The project is exempt
from environmental review under CEQA Guidelines Section 15301.
5.d CONSIDERATION OF THE 2025-26 HUMAN SERVICES GRANT
FUNDING RECOMMENDATIONS
43
Recommendation:
As recommended by the Human Relations Commission,
approve the 2025-26 Human Services Grant funding allocations
in the amount of $150,000; and
1.
Authorize the City Manager to execute agreements with each
grant recipient.
2.
5.e 2025-26 PROJECTS FUNDED BY SB1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
59
Recommendation:
Adopt a draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, adopting a list of projects for Fiscal
Year 2025-26 funded by SB 1: The Road Repair and Accountability Act
of 2017.”
5.f APPROVE A MILLS ACT HISTORICAL PROPERTY PRESERVATION
AGREEMENT FOR THE “VOLLMER HOUSE” AT 1116 PISMO
STREET (HIST-0151-2025)
69
Recommendation:
As recommended by the Cultural Heritage Committee, adopt a Draft
Resolution entitled “A Resolution of the City Council of the City of San
Luis Obispo, California, approving a Historic Property Preservation
Agreement between the City and the owners of the Vollmer House at
1116 Pismo Street (Application No. HIST-0151-2025)”
5.g AUTHORIZE THE DISPOSAL OF WRECKED FLEET ASSET 1712 89
Recommendation:
Authorize the Disposal of a Wrecked Fleet Asset No. 1712 in
Accordance with Section 405-L of the City’s Financial Management
Manual.
5.h FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT
2428 PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE
MALVA
139
Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, Accepting the Public
Improvements, Certifying Completion of the Private Improvements, and
Authorizing Release of the Securities for Tract 2428-Phase 3 (3000
Calle Malva)” accepting the public improvements, certifying the private
improvements, and authorizing the release of securities for Tract 2428-
Phase 3.
5.i AUTHORIZE COMMUNITY PARTNERSHIP AGREEMENT WITH SAN
LUIS OBISPO MUSEUM OF ART FOR 2025-2027
155
Recommendation:
Authorize the Mayor to execute a two-year Community Partnership
Agreement with the San Luis Obispo Museum of Art for installation of
several public art projects each year and as approved by the City
Attorney.
5.j AUTHORIZE SELF-INSURED RETENTION INCREASE WITHIN THE
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY’S
GENERAL LIABILITY EXCESS PROTECTION PROGRAM
215
Recommendation:
Adopt a draft Resolution entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, approving an Increase to the Self-
Insured Retention Limit within the California Joint Powers Insurance
Authority's General Liability Excess Insurance Program.”
5.k APPROVE THE AFFORDABLE CARE ACT REPORTING AND
TEMPORARY EMPLOYEE ELIGIBILITY POLICY IN COMPLIANCE
WITH THE AFFORDABLE CARE ACT
223
Recommendation:
Adopt a draft Resolution entitled, “A Resolution of the City
Council of the City of San Luis Obispo, California, adopting the
Affordable Care Act Reporting and Temporary Employee
Eligibility Policy.”
1.
Authorize the City Manager to make future administrative
changes to the policy as deemed necessary to remain
compliant with Affordable Care Act.
2.
5.l AUTHORIZATION TO TRANSFER FUNDS FROM SEWER FUND
COMPLETED PROJECTS AND AWARD THE FOOTHILL-SANTA
ROSA SEWER PIPELINE REPLACEMENT PROJECT,
SPECIFICATION NO. 2000096
239
Recommendation:
Authorize the transfer of $126,000 from Sewer Fund Completed
Projects (602.9501.71501) to the Foothill-Santa Rosa Sewer
Pipeline Replacement Project, Specification No. 2000096; and
1.
Award a Construction Contract to Souza Engineering
Contracting, Inc in the amount of $598,591.00 for the Foothill-
Santa Rosa Sewer Pipeline Replacement Project, Specification
No. 2000096; and
2.
Authorize the Utilities Director to approve Contract Change
Orders up to the available project budget and any amended
budget subsequently approved by the City Manager up to
$200,000.
3.
6.PUBLIC HEARING AND BUSINESS ITEMS
6.a INTRODUCE AN ORDINANCE ADOPTING THE CALFIRE LOCAL
RESPONSIBILITY AREA MAPS AS REQUIRED BY GOVERNMENT
CODE 51178
Staff Report for this item will be published by 5:00 PM on Wednesday
May 28, 2025.
Adopt an Ordinance entitled “An Ordinance of the City of San Luis
Obispo, California, designating the Fire Hazard Severity Zones as
identified by the State Fire Marshal.”
7.LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on subcommittee
assignments, listed below, and 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)
Mayor
Stewart
Vice Mayor
Shoresman
Council Member
Boswell
Council Member
Francis
Council
Member Marx
SLO Council of
Governments
Zone 9 Advisory
Committee
Airport Land Use Nacimiento Water
Project
Air Pollution
Control District
Regional
Economic Action
Coalition
Downtown
Association
Board
SLO Climate
Coalition
Community
Action
Partnership
Integrated
Waste
Management
Authority
CA Men’s
Colony Advisory
Committee
Homeless
Services
Oversight
Committee
Local Agency
Formation
Commission
County Water
Resources
Advisory
Committee
Performing Arts
Center
Commission
CP Campus
Planning
Committee
SLO Regional
Transit Authority
Visit SLO
County Advisory
Committee
Central Coast
Clean Energy
8.ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 17, 2025 at
5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis
Obispo.
LISTENING ASSISTIVE DEVICES for the hearing impaired - see the 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) 781-7114 at least
48 hours before the meeting, if possible. Telecommunications Device for the
Deaf (805) 781-7410.
City Council meetings are televised live on Charter Channel 20 and the City's
YouTube Channel: www.youtube.com/CityofSanLuisObispo. 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
https://www.slocity.org/government/mayor-and-city-council/agendas-and-
minutes. Persons with questions concerning any agenda item may call the City
Clerk’s Office at (805) 781-7114.
Page 10 of 243
1
Council Minutes
May 20, 2025, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Mike Boswell, Council Member Emily Francis,
Council Member Jan Marx, Vice Mayor Michelle Shoresman,
Mayor Erica A. Stewart
City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City
Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CLOSED SESSION (4:45 PM - 5:30 PM)
1.a CALL TO ORDER
1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comments:
None
---End of Public Comment---
1.c CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
ACTION: City Attorney Christine Dietrick reported that the Council met in
Closed Session on this item.
Motion By Council Member Francis
Second By Council Member Marx
To authorize the initiation of litigation. We are not disclosing the details of
the case at this time out of concern for the ability to service the necessary
parties and potential interference with that. The details will be available
upon inquiry upon commencement of the action. There was no additional
reportable action taken.
Ayes (5): Council Member Boswell, Council Member Francis, Council
Member Marx, Vice Mayor Shoresman, and Mayor Stewart
CARRIED (5 to 0)
Page 11 of 243
2
2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on
May 20, 2025 at 5:40 p.m. in the Council Chambers, 990 Palm Street, San Luis
Obispo, by Mayor Stewart.
3. PLEDGE OF ALLEGIANCE
Mayor Stewart led the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a ALS AWARENESS MONTH PROCLAMATION
Mayor Stewart presented a proclamation declaring May as "ALS
Awareness Month" to Victoria Grostick on behalf of Amyotrophic Lateral
Sclerosis Community.
4.b CITY MANAGER REPORT
City Manager Whitney McDonald provided a report on upcoming projects.
5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:
William Jodry
MaryJane Jodry
Kathie Walker
Steven Walker
--End of Public Comment--
6. CONSENT AGENDA
Public Comment:
Item 6e
John McKenzie
Jeff Herbst
Jonathan
William Keniston
Brooke Schumacher
--End of Public Comment--
Motion By Council Member Francis
Second By Council Member Marx
To approve Consent Calendar Items 5a to 5j.
Page 12 of 243
3
Ayes (5): Council Member Boswell, Council Member Francis, Council Member
Marx, Vice Mayor Shoresman, and Mayor Stewart
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 - APRIL 29, 2025, APRIL 30, 2025, AND MAY 6, 2025
COUNCIL MINUTES
Approve the following minutes of the City Council:
April 29, 2025 - Special Meeting
April 30, 2025 - Special Closed Session Meeting
May 6, 2025 - Regular Meeting
6.c FY 2024-25 Q3 BUDGET REPORT
Receive and file the FY 2024-25 Q3 Budget Report.
6.d APPROVE A THREE-YEAR CONTRACT RENEWAL FOR MICROSOFT
OFFICE 365 GOVERNMENT PLAN SUBSCRIPTION LICENSES
1. Approve a three-year contract renewal for Microsoft Office 365
Government Plan subscription licenses; and
2. Per Municipal Code 3.24.060E, authorize waiver of formal bids to
purchase Microsoft Office 365 subscription licenses through the
cooperative agreement under the Licensed Support Provider (LSP)
Agreement No IT ARC-00934 for Microsoft products and services
under Microsoft Enterprise Agreement (EA) – 8084445 between the
County of Riverside and Dell Marketing, L.P.; or below the
cooperative purchasing net cost within the same terms and
conditions; and
3. Authorize the City Manager to approve related Purchase Order
Requisitions through the duration of the agreement.
6.e AUTHORIZATION TO ADVERTISE THE RIGHETTI COMMUNITY PARK
PROJECT, SPECIFICATION NO. 2000054
1. Adopt Resolution No. 11563 (2025 Series) entitled, “A Resolution of
the City Council of the City of San Luis Obispo, California,
Authorizing Various Fund Reappropriations and Transfers to
Page 13 of 243
4
Support the Righetti Community Park Project, Specification
Number 2000054, and approving an Addendum to the Orcutt Area
Specific Plan Environmental Impact Report for the Righetti
Community Park Project.”
2. Approve the Project Plans and Special Provisions for the Righetti
Community Park, Specification 2000054; and,
3. Authorize staff to advertise for bids; and,
4. Authorize the City Manager to award the Construction Contra ct
pursuant to Section 3.24.190 of the Municipal Code, if the lowest
responsible bid is within the Engineer’s Base Bid Estimate of
$9,950,000; and,
5. Authorize the City Engineer to issue Contract Change Orders,
provided they remain within the approved project budget or any
amended budget subsequently authorized by the City Manager;
and,
1. Authorize the Finance Director to:
a. Transfer funds to the Righetti Community Park Capital
Project (Account No. 2000054) from the Development
Related Park Improvements project (Account No. 2000057 –
Orcutt Area Tasks), as follows:
i. $304,637 in Capital Outlay Funds (LRM) from Account
No. 2000057-00
ii. $3,987,138 in Capital Outlay Funds (LRM) from Account
No. 2000057-02
iii. $1,558,970.27 in Orcutt Area Specific Plan (OASP) Park
Improvement Funds from Account No. 2000057-03
iv. $19,802.04 in OASP Park Improvement Funds from
Account No. 2000057-03
v. $14,850.80 in OASP Park Improvement Funds from
Account No. 2000057-04
vi. $783,512.85 in Capital Outlay Funds (LRM) from Account
No. 2000057-05
vii. $500,000 in OASP Park Improvement Funds from
Account No. 2000057-05
Page 14 of 243
5
b. Disappropriate $1,136,522 in Park Improvement Impact Fee
– Citywide Fund back to the fund’s unallocated balance, as
follows: $836,522 from Account No. 2000057-02$300,000
from Account No. 2000057-04
c. Disappropriate $180,197.96 in OASP Park Improvement
Funds from the Development Related Park Improvements
project (Account No. 2000057-03), which was
overcommitted
6. Approve the Addendum to the Orcutt Area Specific Plan Final
Environmental Impact Report
6.f 2025 WATER SUPPLY AND DEMAND ASSESSMENT
Receive and file the City’s 2025 Water Supply and Demand Assessment
6.g AUTHORIZE EXECUTION OF OPEN-LOOP PAYMENT SYSTEM
AGREEMENTS AND AN AMENDMENT TO SB 125 COOPERATIVE
AGREEMENT WITH SLOCOG FOR REIMBURSEMENT OF COSTS
1. Adopt Resolution No. 11564 (2025 Series) entitled, “A Resolution of
the City Council of the City of San Luis Obispo, California,
approving agreements for San Luis Obispo (SLO) Transit’s open-
loop payment system project”; and
2. Authorize execution of Amendment No. 1 to the Senate Bill (SB)
125 Cooperative Agreement with SLOCOG for reimbursement of
open-loop payment system project costs; and
3. Authorize execution of an agreement with Kuba, Inc. for
procurement, installation, and warranty of payment acceptance
devices; and
4. Authorize execution of an agreement with Kuba Inc. for ongoing
support services for payment acceptance devices; and
5. Authorize execution of an agreement with Littlepay, Inc. for transit
processor services; and
6. Authorize execution of an agreement with Token Transit, Inc. for
integration and ongoing support of digital pass and fare purchases;
and
Page 15 of 243
6
7. Authorize the Finance Director to negotiate and execute an
agreement with Elavon, Inc. for merchant processing services as
part of the system configuration process.
6.h ACCEPTANCE OF THE FEDERAL SINGLE AUDIT FOR FISCAL YEAR
2023-24
Review and accept the Federal Single Audit Report for Fiscal Year 2023 -
24.
6.i AUTHORIZE RELEASE OF RFP FOR MISSION PLAZA CAFÉ KIOSK
1. Authorize the release of a Request for Proposal for a food and
beverage vendor at the Mission Plaza; and
2. Authorize the City Manager to award the contract and execute a
vendor lease agreement with the selected vendor in a form
approved by the City Attorney.
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a REVIEW THE PROCESS FOR ISSUING NOTICE TO CORRECT TO
PRIVATE PROPERTY OWNERS FOR UNSAFE SIDEWALK OR
FRONTAGE CONDITIONS, AND AUTHORIZE STAFF TO ISSUE
NOTICES TO CORRECT
Deputy Director of Public Works Greg Cruce provided an in-depth staff
report and responded to Council questions.
Public Comments:
Cynthia Kelley
---End of Public Comment---
Motion By Vice Mayor Shoresman
Second By Mayor Stewart
1. Adopt Resolution No 11565 (2025 Series) formalizing the City’s
procedures for issuing Informal and Formal Notices to Correct for
sidewalk and frontage improvement deficiencies; and
2. Adopt Resolution No. 11566 (2025 Series) approving the issuance
of Formal Notices to Correct to the property owners of 360 Chorro
Street, 368 Chorro Street, 878 Islay Street, 859 Mission Street, 867
Mission Street, 875 Mission Street, and 1543 Morro Street, and
authorizing the City to execute the required work if the property
Page 16 of 243
7
owner fails to commence the work within 14 days after the first
Formal Notice to Correct is sent; with the following changes:
removing 360 Chorro, 368 Chorro, and 3195 South Higuera as
work has been completed and waiting 30 days before starting
the Formal Notice to Correct process; and
3. Authorize the Public Works Director to waive issuance of a Formal
Notice to Correct if the property owner takes corrective action
before the notice is formally issued.
4. Appropriate $178,102 from the CIP Reserves to fund the sidewalk
reconstruction work.
Ayes (5): Council Member Boswell, Council Member Francis, Council
Member Marx, Vice Mayor Shoresman, and Mayor Stewart
CARRIED (5 to 0)
7.b CONSIDER CREATING A COMMITTEE TO REVIEW THE CITY'S
ELECTION CAMPAIGN REGULATIONS AND/OR COUNCIL AND
ADVISORY BODY COMPENSATION
Motion By Vice Mayor Shoresman
Second By Council Member Francis
To form a Council Compensation Committee to review the full Council
compensation package and compensation for Planning Commission and
Architectural Review Commission and review all Advisory Bodies meeting
and time commitments to make a recommendation if stipends should be
provided, and recommendations to return to the City Council no later than
May 1, 2026.
Ayes (5): Council Member Boswell, Council Member Francis, Council
Member Marx, Vice Mayor Shoresman, and Mayor Stewart
CARRIED (5 to 0)
Motion By Mayor Stewart
Second By Council Member Francis
To direct staff to return in April 2026 with an Ordinance amending Section
2.40.040 of the Municipal Code to increase the maximum allowable per
person contribution from $250 to $500;
Page 17 of 243
8
Ayes (5): Council Member Boswell, Council Member Francis, Council
Member Marx, Vice Mayor Shoresman, and Mayor Stewart
CARRIED (5 to 0)
8. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart
Attended the Coastal Rail Commission meeting on on May 16th on behalf
of SLO Council of Governments (SLOCOG) -
Attended Righetti Open Space Ribbon Cutting
Met with Senator Laird regarding AB306
Met with Jason Wheeler from Jack Rabbit
Attended May 15th SCLC meeting
Attended the Cuesta RN pinning
Vice Mayor Shoresman
Will be attending the Homeless Services Oversight Committee tomorrow
May 21st.
Attended the SLO Arts Council recognition event
Attended the Building a Better SLO workshop
Attended the County Mayor's lunch in Morro Bay on behalf of the Mayor
Attended the Righetti Ranch Open Space Ribbon Cutting
Council Member Boswell
Attended the Righetti Open Space Ribbon Cutting
Attended the Fire Department Badge Pinning
Council Member Francis
Update on CAPSLO
Attended the Child Care Resource Connection meeting
Attended the Pacific Wildlife Organization ribbon cutting
Attended a Build a Better SLO workshop
Page 18 of 243
9
Council Member Marx
Will be attending the Air Pollution Control District (APCD) tomorrow May
21st
Participated in interviews for new Executive Director for Integrated Waste
Management Authority (IWMA)
Attended a League of Women Voters meeting on May 10th
Attended the City Farm Sheep Shearing Shindig
Attended the Righetti Ranch Open Space Ribbon Cutting
9. ADJOURNMENT
The meeting was adjourned at 8:50 p.m. The next Regular City Council Meeting
is scheduled for June 3, 2025 at 5:30 p.m. in the Council Chambers at City Hall,
990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/202X
Page 19 of 243
Page 20 of 243
Item 5c
Department: Community Development
Cost Center: 4001
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Ivana Gomez, Cannabis Business Coordinator
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1746 (2025
SERIES) AMENDING SECTION 17.86.080 (“CANNABIS”) OF TITLE 17
(“ZONING”) OF THE MUNICIPAL CODE TO CLARIFY SPECIFIC LAND
USE AND OPERATIONAL REQUIREMENTS FOR COMMERCIAL
CANNABIS ACTIVITY [CITYWIDE] (COD
RECOMMENDATION
Adopt Ordinance No. 1746 (2025 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, approving an amendment to Section 17.86.080
(“Cannabis”) of Title 17 (“Zoning”) of the Municipal Code to clarify specific land use and
operational requirements for commercial cannabis activity.” The project is exempt from
environmental review under CEQA Guidelines Section 15301. (Attachment A)
POLICY CONTEXT
On May 6, 2025, staff presented the Annual Cannabis Business Program Update,
including proposed text amendments to the Cit y’s cannabis zoning regulations to clarify
specific land use and operational requirements for commercial cannabis activity. Per
Chapter 17.124 (Amendments - Zoning Regulations and Zoning Map), the City Council
may review the proposed text amendments, including the Planning Commission’s
recommendation, and take action based on consistency with the General Plan and State
Law.
DISCUSSION
Previous Council or Advisory Body Action
Staff presented the proposed text amendments to the Planning Commission at a public
hearing on April 9, 2025. The Planning Commission reviewed the proposed text
amendments to the City’s Zoning Regulations and voted 7-0 to adopt Resolution No. PC-
1100-25 recommending the City Council introduce and adopt an ordinance to amend
Section 17.86.080 (“Cannabis”) of Title 17 (“Zoning”) of the Municipal Code1.
1 04-09-2025 PC Action Update
Page 21 of 243
Item 5c
During a public hearing held on May 6, 2025 to receive an update on the Cannabis
Business Program, the City Council voted 5-0 to introduce a draft ordinance entitled, “An
Ordinance of the City Council of the City of San Luis Obispo, California, amending Section
17.86.080 ("Cannabis") of Title 17 ("Zoning Regulations") of the Municipal Code to clarify
specific land use and operational requirements for commercial cannabis activity 2.” If the
Council adopts Ordinance No. 1746 (2025 Series) (Attachment A), it shall be effective
30 days after its final passage.
Proposed Text Amendments
1. Land Use Requirements for Retail Storefronts
Amendments to SLOMC Sections 17.86.080(E)(4)(e), (E)(10)(b)(iii), and (E)(12)(c)(vii)
clarify that the 300-foot buffer from residentially zoned areas applies only within Cannabis
Business (CBZ) Overlay Zones. This reflects the original legislative intent, as outlined in
the May 1 and September 4, 2018 staff reports from the original adoption of the City’s
buffer and zoning requirements for commercial cannabis and ensures consistency with
the City's historical interpretation and application3. The buffer was always intended to
apply only where residential zoning exists within a CBZ, such as in the South Broad and
Airport Area CBZs. The need for this clarifying amendment was brought to staff’s attention
after a recent appeal of a Conditional Use Permit approval for a retail storefront at 2400
Broad Street and aims to eliminate confusion for current and future projects. Additional
language is proposed to clarify that new adjacent sensitive uses established after a retail
storefront receives a Conditional Use Permit do not affect the continuation of that use.
This change reinforces the principle that legally established land uses may continue
despite subsequent changes in neighboring land use.
2. Commercial Cannabis Development Standards
The term “CAN Overlay” in SLOMC Section 17.86.080(E)(5)(b) will be updated to “CBZ
Overlay” for consistency with the City’s Zoning Map and Municipal Code.
3. Regulations for Retail Storefronts within a Microbusiness Operation
State regulations (Cal. Code Regs., Title 4, § 15500) and City regulations (SLOMC
Section 17.86.080(E)(12)(c)(i)) require that microbusinesses authorized to engage in
retail sale comply with all rules and requirements applicable to a retailer license. Two
amendments are proposed to align microbusiness regulations with current standards for
retail storefront operations. First, the allowable hours of operation for retail storefront
components of a microbusiness would be extended to match standalone retail storefronts
(7:00 a.m. to 9:00 p.m. daily), consistent with the City’s regulations. Second, signage
requirements would be updated to reflect the current entry restrictions, which allow
2 05-06-2025 Action Update
3 05-01-2018 Item 15 Cannabis Regulations Ordinance (1st Reading); 09-04-2018 Item 1
Establish Cannabis Business Locations
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Item 5c
individuals 18 and older with a valid physician’s recommendation to enter a retail
storefront, aligning with other retail storefront standards.
4. Purpose Statement – Reference to Federal Law
To avoid the need for future updates, the proposed amendment removes reference to the
specific federal classification of cannabis in the purpose statement of SLOMC Section
17.86.080(A). Instead, the revised language affirms that the section does not alter or
affect federal law, regardless of federal scheduling.
Public Engagement
The proposed text amendments were noticed in accordance with San Luis Obispo
Municipal Code (SLOMC) Chapter 17.122 (Public Notices and Hearing) and California
Government Code Sections 65854, 65090, and 65091. Notice of the proposed text
amendments was published in the local newspaper on March 20, 2025, in advance of the
Planning Commission hearing held on April 9, 2025. Additional public notices were
published on April 10, 2025, prior to the City Council hearing on May 6, 2025, and again
on May 29, 2025, in advance of the June 3, 2025, meeting to consider final adoption of
the ordinance.
CONCURRENCE
Some of the proposed amendments are declaratory of existing law, ensuring clarity and
regulatory consistency for both pending and future projects, and others are intended to
conform City regulations to allowances under state law. The Director of Community
Development and the City Attorney’s Office have reviewed the proposed amendments to
the City’s cannabis zoning regulations and have found them to be consistent with State
Law and the legislative intent of the adopted Ordinance.
ENVIRONMENTAL REVIEW
Adoption of the proposed amendments to Section 17.86.080 of the Municipal Code have
been reviewed in accordance with the California Environmental Quality Act (CEQA)
Guidelines. It has been determined that the amendments are exempt from environmental
review under CEQA Guidelines Section § 15301(b)(3) (General Rule Exemption), which
applies to activities that can be clearly seen to have no potential for significant
environmental impact. Project-specific environmental review will be required for any new
commercial cannabis activity.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2025-26
Funding Identified: N/A
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Item 5c
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
This item has no fiscal impact, as it does not propose any changes to the adopted budget
or result in new expenditures or revenues. The update is informational in nature and
reflects existing operations and fee structures previously approved by the City Co uncil as
part of the 2023–2025 Financial Plan. The proposed amendments to the Municipal Code
are intended to clarify existing regulations and do not establish any new requirements.
ALTERNATIVES
1. The City Council may decide not to adopt the proposed Ordinance with
recommended changes to the Zoning Regulations. The proposed changes to
Sections 17.86.080(E)(4)(e), 17.86.080(E)(10)(b)(iii), and 17.86.080(E)(12)(c)(vii) are
declaratory of existing law, and without adoption of the recommended chan ges,
unintended ambiguity may persist regarding existing land use and operational
requirements for commercial cannabis activity. The proposed changes to Section
17.86.080(E)(12)(c)(ix)-(x) are intended to reflect what is permitted under current state
law, and without adoption of the recommended changes, the City’s cannabis
regulations will remain inconsistent therewith.
2. The City Council may modify the proposed Ordinance. Substantive changes will
require reintroduction at a subsequent public hearing.
3. The City Council may continue the item. The City Council may continue the item to
a date uncertain if additional information is needed to address the proposed text
amendments.
ATTACHMENTS
A – Ordinance No. 1746 (2025 Series) adopting text amendments to Section 17.86.080
(“Cannabis”) of Title 17 (“Zoning Regulations”) of the Municipal Code to clarify specific
land use and operational requirements for commercial cannabis activity (CODE -0051-
2025).
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ORDINANCE NO. 1746 (2025 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTION 17.86.080 (“CANNABIS”)
OF TITLE 17 (“ZONING REGULATIONS”) OF THE MUNICIPAL CODE
TO CLARIFY SPECIFIC LAND USE AND OPERATIONAL
REQUIREMENTS FOR COMMERCIAL CANNABIS ACTIVITY. THE
PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA).
WHEREAS, on May 15, 2018, the City Council adopted Ordinance No. 1647 (2018
Series), amending the Municipal Code (“SLOMC”) to establish regulations for commercial
cannabis activity, including adoption of SLOMC Chapter 9.10 (Cannabis Regulations) and
SLOMC § 17.86.080 (Cannabis Zoning Regulations), formerly Chapter 17.99 ; and
WHEREAS, on March 21, 2023, the City Council adopted Ordinance No. 1725
(2023 Series) modifying specific rules for commercial cannabis retail storefront operations
including expansion of allowable hours of operation from 9:00AM and 8:00PM daily to
7:00AM and 9:00PM daily and allowing individuals 18 to 20 years of age who have a valid
physician’s recommendation for medicinal cannabis to enter and access retail storefronts
who possess a valid state of California cannabis retailer license with M -designation (For
Medical Use); and
WHEREAS, on September 18, 2018, the City Council adopted Ordinance No.
1653 (2018 Series), amending the City’s Zoning Regulations and Zoning Map to
designate seven areas of the City as Cannabis Business Overlay Zones (“CBZ Overlay
Zones”) where cannabis businesses may be located. Then, on May 16, 2023, the City
Council adopted Ordinance No. 1727 (2023 Series), amending the Zoning Map to expand
the CBZ Overlay Zones to include recently annexed areas of the City, including the Fiero
Lane-Clarion Court and East Airport Areas; and
WHEREAS, upon adoption of the initial cannabis regulations on November 17,
2018, the City Council of the City of San Luis Obispo directed staff to return annually with
an update to the City’s Cannabis Business Program, including recommendations for
improvements based on operational and administrative experiences; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on April 9, 2025, and voted to recommend the proposed amendments to
Section 17.86.080 (“Cannabis”) of Title 17 (“Zoning Regulations”) of the Municipal Code;
and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California
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on May 6, 2025, and voted to introduce an Ordinance to amend Section 17.86.080
(“Cannabis”) of Title 17 (“Zoning Regulations”) of the Municipal Code; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by the law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of interested parties and the evaluation and recommendations provided by
staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Findings. Based upon all evidence, the City Council makes the
following findings:
1. The proposed amendments to Municipal Code §§§ 17.86.080(E)(4)(e),
17.86.080(E)(10)(b)(iii), and 17.86.080(E)(12)(c)(vii) are consistent with State Law and
are declaratory of existing City code, ensuring clarity and regulatory consistency for both
pending and future projects. These amendments are declaratory of existing land use
requirements for commercial cannabis activities and are consistent with the legislative
intent of the currently adopted Zoning Ordinance. These amendments are intended to
reflect the City’s interpretation and application of the buffer requirements since their
adoption.
2. In adopting Municipal Code § 17.86.080 (formerly Chapter 17.99) on May
15, 2018, this Council found that the regulations balance the City’s competing interests in
allowing certain commercial and research-related cannabis activities desired by the
majority of voters, with the public health, welfare, and safety concerns of the City. The
proposed amendments to Municipal Code §§§ 17.86.080(E)(4)(e),
17.86.080(E)(10)(b)(iii), and 17.86.080(E)(12)(c)(vii), as declaratory of existing code,
accomplish the same.
3. The Council Agenda Report dated May 1, 2018, to establish the City’s
Cannabis Regulations, including the adoption of specific buffer requirements, clearly
indicates that the City Council intended the buffer from residentially zoned areas to apply
within the CBZ Overlay Zones only.
4. The Council Agenda Report dated September 4, 2018, to formally establish
the CBZ Overlay Zones states that the three-hundred-foot buffer requirement between
residentially zoned land and retail storefronts applies from residentia l zoning that occurs
within a CBZ Overlay Zone. Additionally, the CBZ Overlay Zones were designed to
incorporate natural physical barriers—such as railroads and major roads—that inherently
serve as buffers from sensitive sites, thereby minimizing potential impacts on public
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health and safety. Applying the 300-foot buffer requirement outside these overlay zones
would unnecessarily restrict allowable commercial cannabis sites beyond what is
necessary to ensure health and safety, as contemplated by the adoptio n of the overlay
zones.
5. The terms “CAN Overlay” and “CBZ Overlay” have been used
interchangeably. The proposed amendment to Municipal Code Section §
17.86.080(E)(5)(b) replaces “CAN Overlay” with “CBZ Overlay” to align with the adopted
Zoning Map and Table 1‑1 (“Zones Established”) in SLOMC § 17.06.020(D).
6. The proposed amendments to Municipal Code §§ 17.86.080(E)(12)(c)(v)(ix)
and 17.86.080(E)(12)(c)(v)(x) are consistent with State Law and the California
Department of Cannabis Control (“DCC”) Regulations, specifically with DCC Regulations
§§§ 15400, 15403, and 15500, which define regulations for commercial cannabis retail
and microbusiness license holders.
7. The proposed amendments to Municipal Code §§ 17.86.080(E)(12)(c)(v)(ix)
and 17.86.080(E)(12)(c)(v)(x) are consistent with Municipal Code § 17.86.080(E)(12)(c)(i)
which requires microbusinesses authorized to engage in retail sales to comply with the
regulations established for retail commercial cannabis activity.
8. The proposed amendment to Municipal Code § 17.86.080(A) does not alter
or affect federal law, and it revises the purpose statement to remove the specific CSA
classification of cannabis. This change ensures that the regulation remains effective
regardless of any future federal scheduling changes.
SECTION 2. Environmental Determination. The recommended actions were
reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines
and are determined to be exempt from environmental review pursuant to CEQA
Guidelines § 15301(b)(3) (General Rule Exemption), which exempts activities that can be
seen with certainty to have no possibility for causing a significant effect on the
environment. Project-specific environmental review will be required for any new
commercial cannabis activity.
SECTION 3. Action. The City Council hereby adopts an ordinance amending
Section 17.86.080 (“Cannabis”) of Title 17 (“Zoning Regulations”) of the Municipal Code
to clarify specific land use and operational requirements for commercial cannabis activity.
Section 17.86.080 (“Cannabis”) of Title 17 (“Zoning Regulations”) of the City of
San Luis Obispo Municipal Code is hereby amended as follows:
17.86.080 Cannabis.
A. Purpose. The purpose of this section is to protect the public health, safety, and
welfare, enact strong and effective regulatory and enforcement controls in compliance
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with state of California law, protect neighborhood character, and minimize potential for
negative impacts on people, communities, and the environment within the city of San
Luis Obispo by establishing land use requirements and development standards for
cannabis activities. Cannabis activity, as defined in Section 17.156.008 (C Definitions),
includes the cultivation, possession, manufacturing, processing, storing, laboratory
testing, labeling, transporting, distribution, delivery, or sale of cannabis or a cannabis
product for either personal or commercial use. Therefore, this section recognizes that
cannabis activities require land use controls due to state legal constraints on cannabis
activity, and the potential environmental and social impacts associated with cannabis
activity. Nothing in this section is intended to affect or alter federal law.
B. Applicability. Nothing in this section shall be construed to allow any conduct or
activity relating to the cultivation, distribution, dispensing, sale, or consumption of
cannabis that is otherwise illegal under local or state law, statute, rule or regulation. It is
neither the intent nor the effect of this chapter to condone or legitimize the illegal use,
consumption or cultivation of cannabis under state or local law and nothing herein is
intended to interpret, alter, interfere with or in any way affect otherwise applicable
federal law.
C. Definitions. See Chapter 17.156, Land Use Definitions (Table 2-1: Uses Allowed by
Zone). Terms used in this section that are defined terms under state cannabis statutes
or regulations shall have the same meaning as the respective state definition, as now
defined or as the definition may be amended by the state in the future, except as
otherwise specifically provided in Chapter 17.156, Land Use Definitions (Table 2-1:
Uses Allowed by Zone), or Chapter 9.10, Cannabis Regulations.
D. Personal Cultivation.
1. Indoor Personal Cultivation. Indoor personal cultivation of cannabis does not
require a permit and is allowed in all private residences subject to all the following
minimum performance standards:
a. All indoor personal cultivation shall occur only inside a private residence or
fully enclosed and secure accessory building or structure to a private residence.
Accessory building or structure for indoor personal cultivation of cannabis does
not include a greenhouse or hoop structure.
b. Structures and equipment used for indoor cultivation, such as indoor grow
lights, shall comply with all applicable building, electrical and fire code
regulations as adopted by the city.
c. All accessory buildings and structures used for indoor cultivation shall
comply with the city’s zoning regulations and building codes.
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d. Indoor personal cultivation of cannabis may occur inside a dwelling and/or
an accessory building or structure, subject to the following restrictions:
i. The cumulative cultivation for cannabis shall not exceed six cannabis
plants per private residence.
ii. All personal cultivation shall be conducted by persons twenty-one years
of age or older, and the cumulative total of cannabis plants per private
residence, indoor and outdoor, shall not exceed six cannabis plants,
regardless of the number of persons residing on the property.
e. Personal cultivation of cannabis shall not interfere with the primary
occupancy of the building or structure, including regular use of kitchen(s) or
bathroom(s).
f. Cannabis cultivation must be concealed from public view at all stages of
growth and there shall be no exterior evidence of cannabis cultivation occurring
at the property visible with normal unaided vision from any public place, or the
public right-of-way. Personal cultivation of cannabis shall be shielded to confine
light and glare to the interior of the structure.
g. Nothing in this section is intended, nor shall it be construed, to preclude any
landlord from limiting or prohibiting personal cultivation of cannabis by tenants.
h. Nothing in this section is intended, nor shall it be construed, to authorize
commercial cultivation of cannabis at a private residence.
i. Personal cultivation of cannabis shall not create: offensive odors or
excessive dust, heat, noise, light, glare, smoke, traffic, or hazards due to the
use or storage of materials, processes, products or wastes, or other
unreasonable impacts to persons of normal sensitivity who are living, working or
lawfully present in the vicinity of the personal cultivation.
j. Cannabis cultivation areas in a private residence shall be locked at all times
when the cultivator is not present.
2. Outdoor Personal Cultivation. Outdoor personal cultivation of cannabis does not
require a permit and is allowable at all private residences, subject to all of the
following minimum performance standards:
a. Outdoor personal cultivation of cannabis is not permitted in the front yard
between the public right-of-way and the private residence. Outdoor personal
cultivation is only permitted in a rear or side yard that is entirely enclosed by a
solid, opaque fence that is associated with a private residence used for
residential purposes.
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b. The cannabis plants shall be placed at a minimum setback of five feet from
the edge of canopy to the property line.
c. Cannabis cultivation must be concealed from public view at all stages of
growth and there shall be no exterior evidence of cannabi s cultivation occurring
at the property visible by normal unaided vision from a public place or the public
right-of-way. Cultivation may occur within a greenhouse or hoop structure (as
long as it complies with the performance standards), but mixed light cu ltivation
is prohibited.
d. All outdoor personal cultivation shall be conducted by persons twenty -one
years of age or older.
e. The cumulative total of cannabis plants cultivated outdoor shall not exceed
six cannabis plants per parcel containing a private residence, regardless of the
number of persons residing on the property, and regardless of the number of
private residences on the parcel.
f. Nothing in this section is intended, nor shall it be construed, to preclude any
landlord from limiting or prohibiting cannabis cultivation by tenants.
g. Nothing in this section is intended, nor shall it be construed, to authorize
commercial cultivation of cannabis at a private residence outdoors.
h. Outdoor personal cultivation of cannabis shall not create: offensive odors or
excessive dust, heat, noise, light, glare, smoke, traffic, or hazards due to the
use or storage of materials, processes, products or wastes, or other
unreasonable impacts to people of normal sensitivity living, working or lawfully
present in the vicinity of the personal cultivation.
E. Commercial Cannabis Businesses.
1. Commercial Cannabis Operator Permit.
a. No person or entity shall operate or conduct a commercial cannabis activity
or commercial cannabis business without first obtaining both a commercial
cannabis operator permit from the city pursuant to Chapter 9.10, Cannabis
Regulations, and a use permit from the city pursuant to this chapter to conduct
the commercial cannabis activity at a specific location. Any permit authorizing
commercial cannabis activity pursuant to this chapter shall be conditioned upon
the holder obtaining and maintaining a city commercial cannabis operator permit
and the appropriate state license for the activity.
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b. A commercial cannabis activity pursuant to this chapter may be transferred,
assigned, or bequeathed, by operation of law or otherwise as described in
Section 9.10.120.
c. The commercial cannabis operator permit must be renewed each year.
d. Expiration of the use permit shall be consistent with Section 17.104.070.
2. No Vested Right to Operate. No person shall have any entitlement or vested
right to operate a cannabis business solely by virtue of licensing under these
regulations. Operation of cannabis activity(ies) requires both the approval of a
conditional use permit and a commercial cannabis operator permit under Chapter
9.10, which is a revocable privilege and not a right in the city. The applicant bears
the burden of proving that all qualifications for licensure have been satisfied and
continuously maintained prior to conducting a cannabis business at an otherwise
allowed location within the city.
3. State Application Required. Filing a local application for cannabis activity(ies)
with the city does not constitute an application with the state of California. A
separate state application and license process must be followed through with the
state.
4. Application Requirements. All commercial cannabis activities require
qualification through the commercial cannabis operator select ion approval process
in Chapter 9.10, Cannabis Regulations, a state license and a use permit for a
specific location pursuant to this chapter. The application for a use permit shall
include the following information:
a. Site plan, floor plans, and a general description of the nature, square-
footage, parking and type of cannabis activity(ies) being requested.
b. An operations plan including:
i. A security plan to the approval of the chief of police, pursuant to criteria
approved by resolution of the city council, including but not limited to on -site
security measures both physical and operational and, if applicable, security
measures for the delivery of cannabis associated with the commercial
cannabis business and payment of taxes and fees;
ii. Plan for restriction of access by minors;
iii. Employee safety and training plan;
iv. Odor, noise and light management plan;
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v. Estimated energy usage and energy efficiency plan;
vi. Estimated water usage and water efficiency plans;
vii. Waste management plan; and
viii. For retail sales, provide an educational material dissemination plan.
c. Proposed signage:
i. Must comply with city’s sign regulations for size, area and type of sign,
no exceptions allowed.
ii. Internal illumination of signs is prohibited.
iii. No portion of the cannabis plant may be used in any sign visible from
the public right-of-way.
iv. Provide sign size, height, colors, and design of any proposed signage at
the site.
v. Must include a sign inside the premises that states: “Smoking, ingesting,
vaping, eating or consuming cannabis or cannabis products on this site or in
a public place is prohibited.”
vi. Must include a sign at each entrance of a retail storefront that prohibits
persons under twenty-one years of age from entering.
d. An analysis that demonstrates neighborhood compatibility and a plan for
addressing potential compatibility issues.
e. Applications for retail storefronts shall include a vicinity map showing at
least one thousand feet of surrounding area and the distances to the following
uses: 1) one thousand feet from any preschool, elementary school, junior high
school, high school, public park or playground, whether located within or outside
a CBZ Overlay Zone; 2) six hundred feet from any licensed daycare center,
whether located within or outside a CBZ Overlay Zone; and 3) three hundred
feet from a residentially zoned areas located within a CBZ Overlay Zone. Youth
centers do not require a buffer. Distance shall be measured from the nearest
point of the property line of the site that contains the commercial cannabis
activity to the nearest point of the property line of the enumerated use using a
direct straight-line measurement.
f. Proof of ownership, option to purchase, (or lease agreement or option to
lease with landowner’s express written consent to the proposed commercial
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cannabis activity(ies) to be conducted on the premises) or ot her proof of right to
apply for the permit at the location.
g. A list of all other uses on the property.
5. Commercial Cannabis Development Standards. Each cannabis business is
required to meet the following standards:
a. Qualification through the Chapter 9.10, Cannabis Regulations, commercial
cannabis operator selection process to apply for a commercial cannabis
operator permit. Submittal of a use permit application to conduct the commercia l
cannabis business within the zones specified for each type of commercial
activity listed below.
b. Commercial cannabis facilities shall be allowed in areas demarcated with
CBZ overlay zoning and as allowed in the underlying zone for each type of
commercial cannabis activity.
c. All commercial cannabis facilities shall be sited and/or operated in a manner
that prevents cannabis odors from being detected off site. Commercial cannabis
activities shall not create offensive or excessive odors, dust, heat, noise, light,
glare, smoke, traffic, or hazards due to the use or storage of materials,
processes, products or wastes, or other unreasonable impacts to people of
normal sensitivity living, working or lawfully present in the vicinity of the
commercial facility.
d. All commercial cannabis operations must be concealed from public view at
all times and there shall be no exterior evidence of cannabis or cannabis
products occurring at the property visible with normal unaided vision from any
public place, or the public right-of-way. Commercial manufacturing of cannabis
or cannabis products shall be shielded to confine light and glare to the interior of
the structure.
e. All commercial cannabis facilities shall include adequate measures that
address enforcement priorities for commercial cannabis activities, including
restricting access to the public and to minors and ensuring that cannabis and
cannabis products are only obtained from and supplied to other permitted
licensed sources within the state and not distributed out of state.
f. The use permit to be issued under this chapter shall include, but is not
limited to, the following conditions:
i. The obtaining and maintaining of the commercial cannabis operator
permit and appropriate state license.
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ii. Payment of all applicable current and future state and local taxes and all
applicable commercial cannabis fees and related penalties established by
the city council, including but not limited to application, administrative
review, inspection, etc.
iii. The commercial cannabis operator permit or a controlling interest in the
permit may not be assigned, transferred or bequeathed, by operation of law
or otherwise, unless permitted as described in Chapter 9.10, and the permit
shall terminate automatically on such event.
iv. Any commercial cannabis operator permit issued pursuant to this
chapter and Chapter 9.10 expires after one year, unless renewed.
v. Prohibition of on-site consumption of cannabis at: (A) a commercial
cannabis business or commercial cannabis activity location; (B) any other
business, club or cooperative or event, regardless if open to the public or
only to members; and (C) anywhere an entry or other fee is charged to
attendees or the host or thing of value or consideration is received or
exchanged.
vi. Prohibition of the possession, storage, sale, distribution or consumption
of alcoholic beverages on the premises, or the holding of license from the
State Division of Alcoholic Beverage Control for the sale of alcoholic
beverages, or operating a business that sells alcoholic beverages on or
adjacent to the commercial cannabis activity site.
vii. No cannabis products or cannabis accessories may be displayed in
windows or visible from the public right-of-way or from places accessible to
the general public.
viii. Prohibition of minors and persons under the age of twenty-one on the
premises, even if accompanied by a parent or guardian, unless the person
is at least eighteen years of age and is also in possession of a valid
physician’s recommendation for medical cannabis.
ix. Outdoor storage of cannabis or cannabis products is prohibited.
6. Commercial Cultivation.
a. Commercial Cannabis Cultivation. Commercial cannabis cultivation may be
conditionally permitted indoors only, subject to the requirements of this section
and the obtaining and maintaining of a commercial cannabis operator permit
pursuant to Chapter 9.10, Cannabis Regulations, and appropriate state license,
in the following zones:
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i. Service commercial (C-S);
ii. Manufacturing (M);
iii. Business park (BP).
b. A maximum of seventy thousand square feet of cumulative canopy area
(includes total canopy of either horizontal or vertical growing situations) for
cultivation and nurseries shall be allowed for indoor commercial cannabis
cultivation in the city within the zones identified above, including
microbusinesses under subsection (E)(12) of this section.
c. Outdoor commercial cannabis cultivation, including but not limited to
cultivation in greenhouses, hoop structures, and by mixed light (part
daylight/part artificial light), is prohibited. All commercial cannabis cultivation
shall be conducted only inside a fully enclosed, legally permitted structure that
meets all applicable building and other codes.
d. Commercial cannabis cultivation conditional permits include the following:
i. Specialty Cultivator. A maximum of no more than five thousand square
feet of canopy of indoor cultivation (either in horizontal or vertical growing
situations) and includes processing.
ii. Small Cultivator. A maximum of no more than ten thousand square feet
of canopy of indoor cultivation (either in horizontal or vertical growing
situations) and includes processing.
iii. Nursery, Cannabis. A maximum of no more than ten thousand square
feet of indoor propagation area (either in horizontal or vertical growing
situations).
e. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. Canopy areas shall be easily identifiable for inspection and
measurement. Each unique area included in the total canopy calculation
shall be separated by an identifiable boundary such as an interior wall or by
at least ten feet of open space (see “Canopy” definition in Chapter 17.156).
iii. All indoor cannabis cultivation shall be designed to accomplish zero net
energy use from the start of the operation.
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iv. Pesticides and fertilizers shall be properly labeled, stored, and applied
to avoid and prevent contamination through erosion, leakage, or inadvertent
damage from rodents, pests, or wildlife.
7. Manufacturing.
a. Manufacturing (Nonvolatile) Permissible. Nonvolatile cannabis or cannabis
products manufacturing may be conditionally permitted indoors only, subject to
the requirements of this section and the obtaining and maintaining of a
commercial cannabis operator permit pursuant to Chapter 9.10, Cannabis
Regulations, and appropriate state license, in the following zones:
i. Service commercial (C-S);
ii. Manufacturing (M);
iii. Business park (BP).
b. Manufacturing (Volatile) Prohibited. Cannabis or cannabis products
manufacturing involving volatile solvents, processes, compounds or substances
is prohibited.
c. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. Outdoor manufacturing of cannabis or cannabis products is prohibited.
iii. A complete description of all products used in the manufacturing
process including the cannabis supply chain, liquids, solvents, agents, and
processes.
iv. Storage protocol and hazard response plan.
v. Employee safety and training equipment plan, plus materials safety data
sheet requirements, if any.
8. Distribution.
a. Commercial cannabis distribution may be conditionally permitted, subject to
the requirements of this section and the obtaining and maintaining of a
commercial cannabis operator permit pursuant to Chapter 9.10, Cannabis
Regulations, and appropriate state license, in the following zones:
i. Service commercial (C-S);
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ii. Manufacturing (M);
iii. Business park (BP);
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
9. Testing Laboratory.
a. Commercial cannabis testing may be conditionally permitted, subject to the
requirements of this section and the obtaining and maintaining of a commercial
cannabis operator permit pursuant to Chapter 9.10, Cannabis Regulations, and
appropriate state license, in the following zones:
i. Service commercial (C-S);
ii. Manufacturing (M);
iii. Business park (BP);
iv. Office (O).
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. The cannabis testing laboratory, as proposed, will comply with all the
requirements of the state for the testing of cannabis, including dual licensure
and participation in an authorized track-and-trace program.
iii. The owners, investors, permittees, operators, and employees of the
cannabis testing laboratory will not be associated with, nor have any
financial interest in, any other form of commercial cannabis activity.
iv. The cannabis testing laboratory is accredited by an appropriate
accrediting agency as approved by the state and further described in Health
and Safety Code Section 5238 and as it may be amended.
v. The cannabis testing laboratory operating plan demonstrates proper
protocols and procedures for statistically valid sampling methods and
accurate certification of cannabis and cannabis products for potency, purity,
pesticide residual levels, mold, and other contaminants according to
adopted industry standards.
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10. Retail—Storefront.
a. Commercial cannabis storefront retail may be conditionally permitted,
subject to the requirements of this section and the obtaining and maintaining of
a commercial cannabis operator permit, and the appropriate state license, in the
following zones:
i. Retail commercial (C-R);
ii. Service commercial (C-S).
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. Only three retail storefronts, which must front arterial streets, will be
allowed within the city. Selection of the retail commercial cannabis operator
will be selected from qualified commercial cannabis operators as set forth in
Chapter 9.10, Cannabis Regulations. One of the retail storefronts shall have
a medicinal license and may also have an adult use license.
iii. Retail storefronts shall be located at least: 1) one thousand feet from any
preschool, elementary school, junior high school, high school, public park or
playground, whether located within or outside a CBZ Overlay Zone; 2) six
hundred feet from any licensed day care center, whether located within or
outside a CBZ Overlay Zone; and 3) three hundred feet from any residentially
zoned area located within a CBZ Overlay Zone. Youth centers do not require
a buffer. Distance shall be measured from the nearest point of the property
line to the nearest point of the property line of the enumerated use using a
direct straight-line measurement. A subsequently established use described
herein shall not affect the continuation of a retail storefront in possession of a
Use Permit issued under the standards of this Section and Chapter 9.10.
iv. Retail storefronts must be separated from each other by at least one
thousand feet.
v. Hours of operation shall be limited between seven a.m. and nine p.m.
vi. Retail storefronts that possess a valid state of California cannabis
retailer license with an A-designation must include a sign at each entrance
of a retail storefront that prohibits persons under twenty-one years of age
from entering. Retail storefronts that possess a valid state of California
cannabis retailer license with an M-designation or both an A-designation
and an M-designation must include a sign at each entrance of the retail
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storefront that prohibits persons under twenty-one years of age from
entering unless the person is at least eighteen years of age and is also in
possession of a valid physician’s recommendation for medical cannabis.
11. Retail—Non-Storefront (Delivery Services).
a. Commercial cannabis non-storefront retail may be conditionally permitted,
subject to the requirements of this section and the obtaining and maintaining of
a commercial cannabis operator permit pursuant to Chapter 9.10, Cannabis
Regulations, and the appropriate state license, in the following zones:
i. Service commercial (C-S);
ii. Manufacturing (M);
iii. Business park (BP).
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. Hours of delivery shall be limited between six a.m. to ten p.m.
12. Microbusiness.
a. Microbusinesses fall into two groups as described below and may be
conditionally permitted, subject to the requirements of this section and the
obtaining and maintaining of a commercial cannabis operator permit pursuant to
Chapter 9.10, Cannabis Regulations, and the appropriate state license, in the
following zones:
i. Microbusinesses with no more than fifty percent of the gross receipts
being from cultivation, distribution and manufacturing are allowed in the
following zones:
(a) Retail commercial (C-R).
ii. Microbusinesses with no more than fifty percent of the gross receipts
being from storefront retail sales are allowed in the following zones:
(a) Manufacturing (M);
(b) Business park (BP).
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O- ____
iii. Microbusinesses located in the service commercial (C-S) zone are not
limited by gross sales receipts from cultivation, distribution, manufacturing
or retail sales.
b. Microbusinesses are subject to the seventy thousand square feet of canopy
cultivation citywide limitation (either in horizontal or vertical growing situations)
and the limit of three retail storefronts fronting arterial streets citywide set forth
in subsection (E)(10) of this section.
c. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis
Development Standards.
ii. A maximum of seventy thousand square feet of cumulative canopy for
cultivation and nurseries shall be allowed for indoor cultivation in the city
within the allowed land use zones.
iii. All indoor cannabis cultivation shall be designed to accomplish zero net
energy use from the start of the operation.
iv. Pesticides and fertilizers shall be properly labeled, stored, and applied
to avoid and prevent contamination through erosion, leakage, or inadvertent
damage from rodents, pests, or wildlife.
v. Only three retail storefronts, which must front arterial streets, will be
allowed within the city. Selection of the retail commercial cannabis operator
will be selected from qualified commercial cannabis operators as set forth in
Chapter 9.10, Cannabis Regulations. One of the retail storefronts shall have
a medicinal license and may also have an adult use license.
vi. Any microbusiness with a retail storefront shall require a planning
commission use permit.
vii. Retail storefronts shall be located at least: 1) one thousand feet from any
preschool, elementary school, junior high school, high school, public park or
playground, whether located within or outside a CBZ Overlay Zone; 2) six
hundred feet from any licensed day care center, whether located within or
outside a CBZ Overlay Zone; and 3) three hundred feet from any residentially
zoned area located within a CBZ Overlay Zone. Youth centers do not require
a buffer. Distance shall be measured from the nearest point of the property
line to the nearest point of the property line of the enumerated use using a
direct straight-line measurement. A subsequently established use described
herein shall not affect the continuation of a retail storefront in possession of a
Use Permit issued under the standards of this Section and Chapter 9.10.
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O- ____
viii. Retail storefronts must be separated from each other by at least one
thousand feet.
ix. Hours of retail shall be limited to between seven a.m. to nine p.m. and
delivery shall be limited to between six a.m. to ten p.m.
x. Retail storefronts that possess a valid state of California cannabis retailer
license with an A-designation must include a sign at each entrance of a retail
storefront that prohibits persons under twenty-one years of age from entering.
Retail storefronts that possess a valid state of California cannabis retailer
license with an M-designation or both an A-designation and an M-designation
must include a sign at each entrance of the retail storefront that prohibits
persons under twenty-one years of age from entering unless the person is at
least eighteen years of age and is also in possession of a valid physician’s
recommendation for medical cannabis.
SECTION 4. 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 invalid or unenforceability shall not affect the validity or
enforcement of the remaining provisions 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.
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SECTION 5. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 6th day of May 2025, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3rd day of June, 2025, on the following
vote:
AYES:
NOES:
ABSENT:
___________________
Mayor Erica A. Stewart
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 42 of 243
Item 5d
Department: Administration
Cost Center: 1010
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Samantha Vethavanam, DEI Admin Specialist
SUBJECT: CONSIDERATION OF THE 2025-26 HUMAN SERVICES GRANT
FUNDING RECOMMENDATIONS
RECOMMENDATION
1. As recommended by the Human Relations Commission, approve the 2025 -26 Human
Services Grant funding allocations in the amount of $150,000; and
2. Authorize the City Manager to execute agreements with each grant recipient.
POLICY CONTEXT
The purpose of the Human Relations Commission (HRC) is to advise and make
recommendations to City Council and the City Manager which promote and advance
inclusion, mutual understanding, respect, and equitable treatment to all San Luis Obispo
community members. Recommendations made by the HRC to City Council help address
social concerns and the needs of the community, including recommendations for funding
for the Human Services Grant (HSG) program. The HSG provides financial support to
non-profit organizations that promote the economic and social well-being of the residents
of San Luis Obispo.
DISCUSSION
Background
The City’s Human Services Grants (HSG) was originally discussed and approved by City
Council on November 14, 1973, through a study session providing authority and
responsibility to the HRC for funding and contract recommendations for Council
consideration. The HSG program is fully funded by the City’s General Fund. The program
had a Council approved change of name from Grants-in-Aid to the Human Services Grant
in 2022 to better reflect the objectives of the program. The HSG program provides
financial support to non-profit organizations that promote the economic and social well-
being of the community members of San Luis Obispo. Grants are made to local
organizations or agencies whose services contribute to the quality of life of City residents.
The HRC advises the City Council on funding priorities and grant recommendations.
Page 43 of 243
Item 5d
Funding Priorities
On December 10, 2024, the Council reaffirmed the following as the main funding priority
for the HSG:
Homelessness prevention, including affordable, alternative, and transitional
housing, and supportive services.
Council also designated secondary funding priorities to allow maximum flexibility for
funding recommendations dependent upon the received applications. These priorities are
not listed in order of importance and may receive funding if available:
Hunger and malnutrition prevention.
Supportive physical and mental health services for those in need.
Services for seniors, veterans and/or people with disabilities in need.
Supportive, developmental, and care services for children and youth in need.
Services encouraging diversity, equity, and inclusivity in marginalized
communities, including access to language services.
The Office of Diversity, Equity, & and Inclusion (DEI) website and other messaging
regarding the 2025-26 HSG program noted that the HRC will first fund all qualified
applications that meet the main funding priority. After qualified main priority applications
are funded, the HRC will consider applications for the secondary funding priorities.
HSG Application Process
On January 20, 2025, the HRC formally launched its annual HSG process by advertising
the availability of grant funds and information regarding the upcoming HSG timeline to the
general public, past applicants, and agencies and groups from underserved and
underrepresented communities through the Office of DEI. HSG applications were due on
February 28, 2025. The City received grant applications from 27 agencies requesting
funding for programs totaling $419,942. Attachment A includes a complete list of the
applicants, including a summary of each project submitted to the City for HSG funding
and the HRC’s recommended funding amounts. All applications received can be found
on this webpage.
HRC Review Process
On March 17 and 19, 2025, the HSG Grant Review Subcommittee comprised of Vice
Chair Campos, Commissioner Smith, and Commissioner Ambrosio met to review grant
applications and make preliminary funding recommendations. The subcommittee
members considered the main funding priority set by Council, the location of the target
population to be served, the number of people to be served relative to the overal l request,
the agencies’ track record, and the incurred expenses proposed to be offset by HSG
dollars to guide their funding recommendations. On May 7, 2025, the HSG Grant Review
Subcommittee presented their preliminary funding recommendations to the full HRC
during a noticed public hearing. The public hearing was noticed via the New Times San
Luis Obispo newspaper and via email through the City’s e -notifications system. During
the discussion, the subcommittee engaged with other Commissioners to adjust the
preliminary recommendations and voted to approve the adjusted funding
Page 44 of 243
Item 5d
recommendations. HRC found that the projects recommended for funding further
Council’s adopted goals to address community needs and promote the economic social
well-being of San Luis Obispo community members.
Grant Contracts
Upon Council approval of the HSG funding recommendations, the City will enter into a
contract with each organization that has been awarded grant funding. Organizations
awarded grant funding will be required to provide a mid-year and year-end report
describing administrative functions, metrics and outcomes, and use of funds related to
the application for each grant program. Reports are reviewed by City staff and the HRC
for completeness and compliance.
Public Engagement
The public, and more specifically non-profit service organizations, were engaged
throughout the HSG award process. Non-profit service organizations received
communication of available funding, a packet of information provided in English and
Spanish was available on the Office of DEI website, and office hours and other support
was offered during the application period. Grant applicants were also informed via email
about the May 7, 2025 HRC public hearing one month in advance, two weeks in advance,
and one week in advance. This item is on the consent agenda for the June 3, 2025, City
Council meeting and will follow all required posting and notification. The public can submit
comments on this item at or before the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378, as the grant funding disbursements will not result in either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the
environment. Specific projects funded by the grants may be subject to environmental
review or exemption therefrom.
FISCAL IMPACT
Budget: Yes Budget Year: 2025-26
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $150,000 $150,000 $0 $
State
Federal
Fees
Other
Total $150,000 $150,000 $0 $
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Item 5d
The draft 2025-26 budget presented Council on April 15, 2025 included $150,000 for the
HSG programand no changes will be recommended with the final budget . HSG projects
will be implemented for a period of one year starting at the beginning of the 2025 -26 Fiscal
Year.
ALTERNATIVES
1. The Council could decide to revise and adopt different funding
recommendations. If Council decides to revise and adopt different funding
recommendations, Council will need to pull the item from consent, deliberate, and vote
on new final funding recommendations during the Council meeting.
2. The Council could decide to request that the HRC reconsider and recommend
different funding allocations. If Council decides not to approve the
recommendations and to request that the HRC consider different recommendations,
the HRC would need to hold a special meeting to reconvene and modify their original
recommendations. Council should also provide direction on the modifications desired
if they decide to go with this option. This may delay prospective grant recipients’
implementation of projects recommended for funding in the FY25-26 grant cycle.
ATTACHMENTS
A – 2025-26 HRC Human Services Grant Preliminary Funding Recommendations
B – May 7, 2025 HRC Meeting Minutes
Page 46 of 243
# Organization Project/Program
Name Description of Project/Program Requested
Amount
Recommended
Amount
1 5 Cities Homeless
Coalition
Homeless Prevention
Assistance
This program will provide homelessness prevention
housing stabilization services using time-limited financial
assistance to help people remain in housing or be re-
housed. It will also provide targeted supportive services
to identify and address barriers to stable housing. Funds
will be used for rental assistance, staff, and stabilization
fees.
$20,000 $0
2
Big Brothers & Big
Sisters of SLO
County
SLO Bigs Community
Mentorship Program
This program will match youth ages 7 to 17, who face
academic struggles or social difficulties, with adult
volunteers who share common interests. Bigs commit to
spending 6-8 hours per month with their Little, engaging
in activities that build relationships and foster growth.
Funds will be used to support matches including
recruitment and community engagement, enrollment,
introductions, support, and operating costs.
$20,000 $0
3
Community Action
Partnership of
SLO County
(CAPSLO)
Homeless
Prevention/Stable
Housing Program
This program will provide emergency financial assistance
to City of SLO households that are at risk of being
evicted and need assistance with a rental payment, or
who need financial assistance to secure housing. The
program will also provide case management for 6
months. Funds will be used for financial assistance
payments and some indirect expenses.
$20,000 $20,000
4 City Farm
Expansion of
Therapeutic
Horticulture
Programming for
Students with
Disabilities
This project will expand City Farms' existing Therapeutic
Horticulture Program to provide over 850 hours of
instruction to more than 50 children and adults with
disabilities in SLO County. Adults will have access to on-
farm programming and will allow for additional weekly
sessions. Funds will be used to support two farm
instructors.
$15,000 $0
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5
Community
Counseling Center
(CCC)
Inner Abode:
Addressing the Mental
Health Counseling
Needs of the
Unhoused in San Luis
Obispo
This project will increase and enhance CCC's presence
at 40 Prado Homeless Shelter by increasing hours of
service and access to bilingual/bicultural therapists, as
well as providing clinical training for CAPSLO and CCC
staff working with the unhoused population. This includes
motivational interviewing, trauma informed care, etc.
Funding will also subsidize CCC's ongoing, no cost in
person counseling for the unhoused, support for
unhoused students, and unhoused families. Funds will
be used to support a bilingual clinical supervisor and a
bilingual homeless services mental health clinical
counselor.
$7,500 $0
6 Family Care
Network, Inc.
TAY Estelita Housing
Project
This project will provide improvements for safe and
stable housing for former foster youth ages 18-24. The
project needs additional improvements to meet the
youth's needs, such as improving the existing
picnic/outdoor area, adding a retaining wall, and
improving the front walkway. Funds will be used for
property frontage improvements, expanding the picnic
area and adding a bike rack, landscaping, and removing
storage units.
$20,000 $0
7 Housing Authority
of SLO (HASLO)
Housing Stability with
Supportive Services
This program will provide transitional housing support to
individuals transitioning out of homelessness and to
prevent homelessness. It will provide funding for
essential items and other costs and provide tools to
maintain housing, including case management. This
program will also provide hunger and malnutrition
assistance to low-income individuals facing food
insecurity. It will also provide transportation assistance to
residents who are medically vulnerable. Funds will be
used for transitional housing, food, and transportation.
$20,000 $15,000
8 Hospice of SLO
County Caregiver Support
This program will provide a variety of services for home
caregivers. This can include providing a temporary
break, emotional support and companionship,
housekeeping assistance, meal preparation, or resource
connection. Volunteers will provide these services up to
4 hours per week. Funds will be used to offset the cost of
the Volunteer Services Manager's salary.
$10,000 $0
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9
Independent
Living Resource
Center
Community Living and
Transition Services for
People with
Disabilities
This program will provide comprehensive community
living support services to individuals of all ages and
income levels with disabilities, ensuring they have the
resources and skills to live independently. This program
will offer housing assistance, assistive technology
access, benefits advisement, and personal assistance
coordination, among others. Funds will be used to
partially cover occupancy expenses, allowing redirection
of additional resources to staff salaries and to reduce
administrative burden.
$20,000 $0
10 Kesem Cal Poly
SLO
Camp Kesem at Cal
Poly
This program will be an overnight summer camp that is
led by a team of volunteer college students for children
ages 6-18 who are impacted by a parent or primary
caregiver’s cancer. The camp will be one weeklong and
host 45 campers in July.
$5,000 $0
11 Literacy for Life Literacy Program
This program will teach non or low-literate adults to read,
write, and speak English. The program assesses each
learner’s literacy level and guides them to meet their
individual learning goals. Funds will be used in all
aspects of the program including for data management,
books, wages, and rent.
$10,000 $0
12
Long Term Care
Ombudsman
Services of SLO
County
Ombudsman Services
This program will provide advocacy, facility monitoring,
complaint investigation and resolution, information and
assistance, advanced healthcare directive witnessing for
skilled nursing facilities (SNFs), community education,
and systemic advocacy to residents of SNFs and
residential care facilities throughout SLO City and
County. The program is also committed to homelessness
prevention. Funds will be used to partially cover salaries
for staff.
$5,000 $5,000
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13 Lumina Alliance
Emergency Shelter
Program for Sexual
Assault and Intimate
Partner Violence
This program provides emergency shelter at two sites in
SLO County. The shelters are for survivors of sexual
assault and intimate partner violence. The shelters help
residents find permanent housing and provides services
such as a 24-hour crisis hotline, individual and group
therapy sessions, assistance filing temporary restraining
orders, case management, skills training, childcare,
financial assistance, and more. Funds will be used for
operating expenses including payroll, benefits, facility
expenses, and repair and maintenance expenses,
among others.
$20,000 $20,000
14 Meals that
Connect
Nutrition for Healthy
Seniors
This program will provide nutrition, social interaction, and
early intervention for seniors in SLO County. The
program delivers daily meals, offering wellness check-ins
and fostering social connection Funds will be used for
food costs, kitchen staff labor, supplies, transportation
costs, rent, and insurance.
$15,000 $5,000
15 Middle House
Early Recovery
Assistance to Alumni
Housing Portal
This program will provide 6 week stays at a Sober Living
Facility and provide direct financial assistance after
completing one year in the program. The funding will
help these individuals secure stable housing. The
programs also help individuals in recovery obtain
employment and create a portal for addicts experiencing
homelessness to become contributing members of
society. Funds will be used to support individuals in
recovery and to provide financial assistance after one
year.
$20,000 $0
16
Mixteco Indigena
Community
Organizing Project
(MICOP)
Housing/Wellness
Navigator Program
This program will provide direct housing support, eviction
prevention, and rental assistance for Indigenous migrant
families facing housing insecurity. Housing Navigators
will also assist families in accessing critical wraparound
services such as Medi-Cal, SSDI, CalFresh, and utility
relief. The Housing Navigators will also assist families in
securing and maintaining housing and educate tenants
on their rights. Funds will be used to support 1 FTE
Admin Assistant.
$20,000 $15,000
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17 People's Self-Help
Housing (PSHH)
City of SLO Supportive
Housing Program
This program will provide comprehensive homelessness
prevention services to residents in all PSHH properties
within SLO, which includes 73 units with an expansion to
217 units with the complete of Tiburon Place and Calle
Joaquin. Licensed social workers will deliver clinical case
management and address housing stability needs.
Funds will be used to deliver homelessness prevention
services, including through salaries, mileage, workshops,
meals, etc.
$20,000 $10,000
18 Restorative
Partners Opportunity to Fund
This program will support formerly incarcerated
individuals facing multiple challenges, including
homelessness, substance use recovery, and mental
health issues. Stable housing is prioritized, and the
program removes barriers to housing such as obtaining
documentation, providing rental assistance, and
supporting employment related needs. Funds will be
used to support the emergency needs of the individuals.
$10,000 $10,000
19 Shower the People Shower the People
This program will provide mobile shower services to
unhoused individuals 5 days a week, 3-4 hours per day
in four different locations. Guests are offered a 15-minute
hot shower which is cleaned and disinfected by
volunteers before the next guest. Shower guests also
receive a new t-shirt, new undergarments, new socks, a
toothbrush/toothpaste, comb, razor, and hand sanitizer.
Funds will go to support the programs continued
operation for one year.
$20,000 $20,000
20 SLO CASA General SLO CASA
Program Support
This project will allow volunteers from the community to
complete a training, so they are able to work with
children and families in crisis. Volunteers provide support
for children throughout the life of their child welfare case.
Funds will go to support part of the cost of rent for their
SLO office complex, which is a hub for staff and
volunteers to convene.
$20,000 $15,000
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21
SLO Child
Development
Resource Center
Child and Family Play
Therapy
This program will offer tailored, evidence-based
interventions to support children and families facing
poverty, trauma, and other adversities. The program
integrates mental health services with early education.
Funds will be used to expand services to serve 25
additional therapy clients by subsidizing therapy
sessions provided by an associate therapist and
providing 8 hours of training.
$10,000 $0
22
SLO Legal
Assistance
Foundation
Senior Homeless
Prevention
The program will provide homelessness prevention for
SLO City seniors through eviction prevention, eviction
defense, and assistance to residents in SNFs and
residential care facilities. Funds will be used for salaries,
insurance, operating expenses, program supplies, and
admin overhead.
$20,000 $10,000
23 SLO Noor
Foundation
City of San Luis
Obispo Care Project
This program will include a free mobile clinic and
established brick and mortar locations which provide free
medical, dental, vision, and mental health care to low-
income, uninsured, and underinsured SLO City
residents. Funds will go to support clinical support
staffing, laboratory diagnostics, and clinical supplies.
$20,000 $0
24 Smart Share
Housing Solutions
Senior Homeless
Prevention & Housing
Navigation
This program will work through multiple approaches:
providing inspiration, training, and one-on-one technical
assistance to help residents meet current and future
housing needs through four areas - continued
HomeSharing training and TA; accessory dwelling unit
(ADU) production support; mentoring; and incorporating
Americans with Disabilities Act (ADA) enhancements.
Funds will go to support community events, virtual e-
blasts, ADU and home visits, trainings, research,
advertising, technical support, and ADA planning.
$14,380 $0
25 Tolosa Children's
Dental
Tolosa Children's
Dental Center SLO
Office Expansion
This project will seek to expand care through four
initiatives: community outreach; targeted community
partnerships; additional dentists and support staff; and
expanded operations from one day to four days a week
in the SLO Office. Tolosa provides oral healthcare to
underserved and underinsured children. Funds will
support costs to hire a dentist and support staff.
$20,000 $0
Page 52 of 243
26 Transitions Mental
Health Association
Transportation
Solutions for
Transitional Housing
This project supports a 6-bedroom house with 12 clients
who are chronically homeless or at risk of homelessness.
The project will provide transportation options for the
residents to medical, behavioral health, employment, and
social appointments through the acquisition of 4 bicycles
for each house and monthly regional bus passes. Funds
will go to client expenses, insurance, and admin.
$13,062 $0
27 United Way of SLO
County
211 Homeless Intake
and Homeless
Prevention Screening
Services
This program will provide a dedicated homeless intake
and assessment initiative within the existing 211
program. This initiative will provide immediate support to
individuals facing homelessness and housing insecurity
by connecting them with local resources. The line is
available 24/7. Funds will go to creating the new line.
$5,000 $5,000
TOTAL $419,942 $150,000
Page 53 of 243
Page 54 of 243
1
Human Relations Commission Minutes
May 7, 2025, 5:00 p.m.
Council Hearing Room, 990 Palm Street, San Luis Obispo
Human Relations
Commissioners Present:
Commissioner Mason Ambrosio (arrived at 5:09pm),
Commissioner Vincent DeTurris, Commissioner Esmeralda
Parker, Commissioner Sierra Smith, Chair Angie Kasprzak
Human Relations
Commissioners Absent:
Commissioner Stephanie Carlotti, Vice Chair Catuih Campos
City Staff Present: Deputy City Manager Greg Hermann, DEI Administrative
Specialist Samantha Vethavanam
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo Human Relations Commission was
called to order on May 7, 2025 at 5:06 p.m. in the Council Hearing Room at City
Hall, 990 Palm Street, San Luis Obispo, by Chair Kasprzak.
2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Public Comment:
None
--End of Public Comment--
3. CONSENT
3.a CONSIDERATION OF MINUTES - APRIL 2, 2025 HUMAN RELATIONS
COMMISSION MINUTES
Motion By Commissioner Smith
Second By Commissioner Parker
To approve the Human Relations Commission Minutes of April 2, 2025.
Ayes (4): Commissioner DeTurris, Commissioner Parker, Commissioner
Smith, and Chair Kasprzak
Absent (3): Commissioner Ambrosio, Commissioner Carlotti, and Vice
Chair Campos
Page 55 of 243
2
CARRIED (4 to 0)
Commissioner Ambrosio joined the meeting at 5:09pm.
4. BUSINESS ITEMS
4.a HOMELESSNESS RESPONSE AND STRATEGIC PLAN OVERVIEW
AND UPDATE
Homelessness Response Manager Daisy Wiberg presented the staff
report and responded to Commission inquiries.
Chair Kasprzak opened Public Comment
Public Comment:
None
--End of Public Comment--
5. PUBLIC HEARINGS
5.a REVIEW 2025-26 HUMAN SERVICES GRANT SUBCOMMITTEE
RECOMMENDATIONS AND PROVIDE A RECOMMENDATION TO
COUNCIL FOR APPROVAL
DEI Admin Specialist Samantha Vethavanam presented the staff report
and responded to Commission inquiries.
Chair Kasprzak opened Public Comment
Public Comment:
Jerry Mihaic
Jack Lahey
Sister Theresa Harpin
Brandee Puitt
Dianna Vojaw
Marina Bernheimer
Gary Petersen
Ana Huynh
Jason Main
Devon McQuade
Jane Connely
Greta Burk
Jessica Yacoub
Elaina Smolen
Laura Edwards
--End of Public Comment--
Page 56 of 243
3
Motion By Commissioner Parker
Second By Commissioner DeTurris
To provide the following funding recommendations to City Council for the
2025-26 Human Services Grants:
1. Community Action Partnership of San Luis Obispo County
(CAPSLO) – Homeless Prevention/Stable Housing Program: $20,000
2. Housing Authority of the City of San Luis Obispo (HASLO) –
Housing Stability with Supportive Services: $15,000
3. Long Term Care Ombudsman Services of SLO County –
Ombudsman Services: $5,000
4. Lumina Alliance – Emergency Shelter Program for Sexual Assault and
Intimate Partner Violence: $20,000
5. Meals that Connect – Nutrition for Healthy Seniors: $5,000
6. Mixteco Indigena Community Organizing Project (MICOP) –
Housing/Wellness Navigator Program: $15,000
7. People’s Self-Help Housing (PSHH) – City of SLO Housing Program:
$10,000
8. Restorative Partners – Opportunity to Fund: $10,000
9. Shower the People – Shower Program: $20,000
10. SLO CASA – General SLO CASA Program Support: $15,000
11. SLO Legal Assistance Foundation (SLOLAF) – Senior Homeless
Prevention: $10,000
12. United Way of SLO County – 211 Homeless Intake and Homeless
Prevention Screening Services: $5,000
Ayes (4): Commissioner Ambrosio, Commissioner DeTurris,
Commissioner Parker, and Commissioner Smith
Noes (1): Chair Kasprzak
Absent (2): Commissioner Carlotti, and Vice Chair Campos
CARRIED (4 to 1)
6. COMMENT AND DISCUSSION
6.a STAFF & COMMISSIONER UPDATES AND AGENDA FORECAST
Deputy City Manager Greg Hermann and DEI Admin Specialist Sam
Vethavanam provided the following update of upcoming projects:
• New DEI Manager, Matt Pennon, will be starting on May 8th.
• DEI High Impact Grant discussions will start at the June HRC
meeting.
Page 57 of 243
4
• Staff from the Police Department (PD), Economic Development &
Tourism, and Sustainability & Natural Resources will also provide
updates at the June HRC Meeting.
• DEI and PD will have a booth at Pride in the Plaza on Saturday
May 31st.
• An upcoming Mixteco Cultural Competency Zoom training will be
taking place Thursday, May 8th.
• The Construction Board of Appeals Meeting was held on May 6th,
which upheld the City Building Official’s determination of code
violations at 1150 Laurel Lane.
Commissioner DeTurris requested that the July 2, 2025 meeting be moved
to July 9, 2025.
Motion By Commissioner DeTurris
Second By Commissioner Smith
Action Taken: By consensus, the Commission moved the July 2, 2025
Human Relations Commission meeting to July 9, 2025.
CARRIED (5-0)
Chair Kasprzak provided updates on the following events:
• SLO Climate Coalition events
• Diversity Coalition events
• RACE Matter Brunch and Film Fest
• Mujeres de Accion Coffee event
• Bike month events
• Tiny House Tours at Waterman Village
• Pride Season
Commissioner Smith shared that the July HRC Meeting will be her last.
Homeless Response Manager Daisy Wiberg shared the following updates:
• 40 Prado is hosting a resource fair on June 4th
• Welcome Home Village groundbreaking sometime in June
7. ADJOURNMENT
The meeting was adjourned at 7:34 p.m. The next Regular Meeting of the Human
Relations Commission is scheduled for June 4, 2025 at 5:00 p.m. in the Council
Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.
_________________________
APPROVED BY HUMAN RELATIONS COMMISSION: XX/XX/202X
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Item 5e
Department: Public Works
Cost Center: 9501
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Madeline Kacsinta, Capital Improvement Program Administrative Manager
SUBJECT: 2025-26 PROJECTS FUNDED BY SB1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
RECOMMENDATION
Adopt a draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting a list of projects for Fiscal Year 2025-26 funded by SB 1: The
Road Repair and Accountability Act of 2017.”
POLICY CONTEXT
This action and the associated resolution are required by the California Transportation
Commission (CTC) to receive funding from the Road Maintenance and Rehabilitation
Account (RMRA), created by the Road Repair and Accountability Act of 2017 (SB1). The
proposed projects are consistent with the proposed 2025-27 Financial Plan’s Capital
Improvement Plan.
DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1) (Beall, Chapter 5, Statutes of
2017), which is known as the Road Repair and Accountability Act of 2017 (SB1). SB1
creates a funding stream, and those funds are deposited into the state’s Road
Maintenance and Rehabilitation Account (RMRA) and provided to agencies to address
basic road maintenance, rehabilitation, and critical safety needs on both the state
highway and local roadway systems. SB1 provides funding by charging:
1. An additional 12 cents per gallon on the gasoline excise tax, effective
November 1, 2017.
2. An additional 20 cents per gallon on the diesel fuel excise tax, effective
November 2, 2017.
3. An additional vehicle registration tax called the “Transportation Improvement
Fee” with rates based on the value of the motor vehicle , effective January 1,
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Item 5e
2018.
4. An additional $100 vehicle registration tax on zero emissions vehicles model
year 2020 or later, effective July 1, 2020.
Based on the latest forecasts from January 2025, the City is estimated to receive
approximately $1,277,312 of RMRA funding in Fiscal Year (FY) 2025-26. RMRA funds
are programmed into the financial plan to help fund eligible Capital Improvement Plan
(CIP) projects. The California Transportation Commission (CTC) has established
guidelines for programming and reporting the use of RMRA funds. All RMRA reporting is
submitted through the CTC online Local Streets and Roads (LSR) Reporting Tool. Each
year, the City is required to submit a project list to the CTC by July 1st for the upcoming
fiscal year. The City Council Resolution is a required component of that July 1st submittal
and fulfills the City’s obligation to remain eligible for RMRA funding for Fiscal Year 2025-
26. Following this, staff will submit a project expenditure report by September 30th,
detailing actual expenditures from the previous fiscal year.
Recommended Use of 2025-26 RMRA/SB1 Funding
2025 Paving Project
The 2025 Paving Project, planned to start construction in summer of 2025, is part of the
City’s ongoing pavement management plan, which altern ates between maintenance of
neighborhood streets in even numbered years, and maintenance and repair of arterial
streets in odd years. This approach is intended to promote equity between residential
and commercial areas and spread the benefits to the entire community.
The 2025 Paving Project is structured with a Base Bid and two Additive Alternatives, A
and B, to maximize the scope of work within available funding , as approved by City
Council on May 6, 2025. The project’s Base Bid includes roadway reconstruction, striping,
curb ramps, and implementation of the City’s Active Transportation Plan and Vision Zero
goal on the following streets:
Roadway Reconstruction
a. Tank Farm Road (Broad Street to Wavertree)
b. Sacramento Drive (Industrial Way to Via Esteban)
Roadway Striping Refresh (no paving work or other improvements)
a. Broad Street (Orcutt Road to Tank Farm)
b. Santa Rosa & Mill Street Crosswalks
c. Madonna Road (US 101 Southbound Ramps to Higuera)
d. Prado Road (Higuera to Serra Meadows)
e. Tank Farm Road (Santa Fe to Broad Street)
The project’s Additive Alternatives A and B include pavement maintenance, striping, curb
ramps, and storm drain infrastructure to the following streets, respectively:
a. Orcutt Road (Tank Farm Road to City/County Line)
b. Calle Joaquin (Motel 6 to City/County Line)
Page 60 of 243
Item 5e
Figure 1 below shows the locations identified in the 2025 Paving Project for roadway
reconstruction. Areas identified to receive striping refresh only are not shown within the
figure.
Figure 1
In addition to roadway reconstruction and maintenance, the 2025 Paving Project will
incorporate various street modifications outlined in the City’s Active Transportation Plan,
aimed at bolstering safety and mobility for all road users. These strategies encompass
design elements specifically crafted to enhance pedestrian crossing safety, augment
separation between bicyclists and motor vehicle traffic, and implement measures to
mitigate traffic intensity and lower speeds on select streets.
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Item 5e
The project is expected to begin construction in summer 2025 and will utilize all
anticipated SB1 funds for FY 2025–26 within the same fiscal year. This plan is consistent
with the 2025-27 Financial Plan which is scheduled for Council’s consideration to adopt
on June 17, 2025.
Previous Council or Advisory Body Action
At the May 6, 2025 City Council meeting, staff received Council authorization to advertise
the 2025 Paving Project.
Policy Context
This action and the associated resolution are required by the CTC for the use of RMRA
funds. The proposed projects are consistent with the proposed 2025-27 Financial Plan and
Major City Goals.
Public Engagement
The programming of SB1 funds is an administrative item, so no additional public
engagement was completed outside of the 2025-27 Financial Plan process. The
proposed paving project to receive SB1 funding has had considerable public engagement
work. The public engagement work for the project included direct mailers that were sent
to all properties within the vicinity notifying community members of the proposed project,
planning process and schedule, project website and opportunities to provide input. Public
meetings were held at the November 21, 2024 ATC meeting and the May 6, 2025 City
Council Meeting.
CONCURRENCE
There is concurrence from the Finance Department and CIP Review Committee through
its review and approval of the 2025-2027 Financial Plan.
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 Section 15378. There are no environmental impact s resulting from approval
of this item. Individual projects funded under this revenue source will be required to satisfy
environmental review, if required, as part of project development and approval process.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-
26 Funding Identified: Yes
Page 62 of 243
Item 5e
Fiscal Analysis:
Funding Sources
Total
Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Other: RMRA/SB1 $1,277,312 $1,277,312 $0
Total $1,277,312 $1,277,312 $0
The recommendations in this report do two things:
1. Establish a project list for FY 2025–26. While the proposed resolution identifies
only the 2025 Paving Project for SB 1 funding at this time, the establishment of
this project list does not commit RMRA funds irrevocably. Council retains the
ability to revise funding priorities or reallocate SB 1 funds to other eligible
projects at any point prior to expenditure—for example, if a new SB 1-eligible
project arises or if economic conditions change and impact SB 1 revenue
projections. Any changes to the project list would be documented and
communicated to the California Transportation Commission (CTC) through the
annual SB 1 expenditure report submitted each September. The below table
indicates the total SB1 funding contribution to be used for the 2025 Paving
Project. Council received a separate staff report at the May 6, 2025 meeting
requesting authorization to advertise the project, which included total costs and
general fund contributions to the work.
RMRA SB 1 Project List for FY 2025-26
Project 2025-26 Funding
2025 Paving Project $1,277,312
Total $1,277,312
Estimated SB 1 2025-26 $1,277,312
2. Approve the allocation of $1,277,312 from the SB1 unassigned Fund Balance to
the 2025 Paving Project Account, No. 2000616, to support upcoming pavement
management. If approved, this funding will be formally appropriated with the
adoption of the FY 2025-26 CIP budget on June 17, 2025. Unused project
budget would be carried over to the following fiscal year, and transferred to
the 2026 Paving Project Account, No. 2000617. SB 1 funds may be carried over
from year to year with no formal time limit, provided they remain allocated to
eligible projects and are accurately tracked and reported in the City’s annual SB
1 expenditure report submitted to the California Transportation Commission
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Item 5e
(CTC). Carried-over SB 1 funds will also be reflected in the fiscal sections and
funding tables of future projects, showing transfers from prior-year projects
where applicable.
ALTERNATIVES
The City Council could deny adoption of the resolution to fund these Capital
Improvement Plan projects using SB1 funds. Council could choose to direct staff to
program these funds to a different project that is eligible for SB1 funding and return to
Council with that recommendation.
ATTACHMENTS
A - Draft Resolution adopting the list of projects to receive 2025-26 SB1 Funding.
Page 64 of 243
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the
Governor in April 2017 to address the significant multi-modal transportation funding
shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will
ensure residents are aware of the projects proposed for funding in the community and
which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive
fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA),
created by SB 1, which must include a description and the location of each proposed
project, a proposed schedule for the project’s completion, and the estimated useful life of
the improvement; and
WHEREAS, the City will receive an estimated $1,277,312 in RMRA funding in
Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and
will enable the City to continue essential road maintenance and rehabilitation projects,
safety improvements, and increasing access and mobility options for the traveling public
that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input
into our community’s transportation priorities and a budgeting process that has will be
adopted by City Council that includes a full listing of Capital Improvements Plan projects
and funding sources including SB-1; and
WHEREAS, the City used a Pavement Management System and other goals such
as the complete streets elements and bicycle and pedestrian safety to develop the SB 1
project list to ensure revenues are being used on the most high-priority and cost-effective
projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate
streets/roads, sidewalks, and add active transportation infrastructure throughout the City
this year and similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs
Assessment found that the City/County’s streets and roads are in an “at lower risk”
Page 65 of 243
Resolution No. _____ (2025 Series) Page 2
R ______
condition and this revenue will help us increase the overall quality of our road system and
over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in the City’s streets and
roads infrastructure with a focus on basic maintenance and safety, investing in complete
streets infrastructure and active transportation projects, and using cutting-edge
technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The foregoing recitals are true and correct and are adopted herein
as the findings of the Council.
SECTION 2. The following project will be funded in-part with Fiscal Year 2025-
26 RMRA revenues:
Project Title: 2025 Paving Project
Project Description: 2025 Paving work consistent with Pavement Maintenance
Plan
a. Project Location:
• Roadway Reconstruction
a. Tank Farm Road (Broad Street to Wavertree)
b. Sacramento Drive (Industrial Way to Via Esteban)
• Roadway Striping Refresh (no paving work or other
improvements)
a. Broad Street (Orcutt Road to Tank Farm)
b. Santa Rosa & Mill Street Crosswalks
c. Madonna Road (US 101 Southbound Ramps to Higuera)
d. Prado Road (Higuera to Serra Meadows)
e. Tank Farm Road (Santa Fe to Broad Street)
The project’s Additive Alternatives A and B include pavement
maintenance, striping, curb ramps, and storm drain infrastructure to
the following streets, respectively:
a. Orcutt Road (Tank Farm Road to City/County Line)
b. Calle Joaquin (Motel 6 to City/County Line)
Estimated Project Schedule: Start July 2025 — Completion December
2025
Estimated Project Useful Life: 20 years
Page 66 of 243
Resolution No. _____ (2025 Series) Page 3
R ______
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 _______________ 2025.
___________________________
Mayor Erica A. Stewart
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 67 of 243
Page 68 of 243
Item 5f
Department: Community Development
Cost Center: 4003
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Walter Oetzell, Assistant Planner
SUBJECT: APPROVE A MILLS ACT HISTORICAL PROPERTY PRESERVATION
AGREEMENT FOR THE “VOLLMER HOUSE” AT 1116 PISMO STREET
(HIST-0151-2025)
RECOMMENDATION
As recommended by the Cultural Heritage Committee, adopt a Draft Resolution entitled
“A Resolution of the City Council of the City of San Luis Obispo, California, approving a
Historic Property Preservation Agreement between the City and the owners of the Vollmer
House at 1116 Pismo Street (Application No. HIST -0151-2025)” (Attachment A)
POLICY CONTEXT
The recommended action on this item is supported by historical preservation policies set
out in Section 3 of the Conservation and Open Space Element of the City’s General Plan,
particularly Program 3.6.2, regarding participation in financial incentive programs to
encourage maintenance and restoration of historic properties, and also with the purpose
of encouraging private stewardship of historic buildings through incentives, as provided
by Section 14.01.010 (B)(3) of the City’s Historic Preservation Ordinance.
DISCUSSION
The owners of the Vollmer House at
1116 Pismo Street applied to enter
into a Mills Act historical property
contract with the City (see Draft
Agreement and Request Letter,
Attachments B and C).
The property is located on the north
side of Pismo Street, about 150 feet
east of Santa Rosa Street, in the Old
Town Historic District. It is
developed with a two-story single-
family dwelling, known as the
Vollmer House (see Figure 1), built Figure 1: Vollmer House (1116 Pismo)
Page 69 of 243
Item 5f
in 1912. The property was included in the Master Inventory of Historic Structures adopted
in 1983 (Resolution No. 5197).1
The Historic Resources Inventory for the building (Attachment D) notes its architectural
significance and several of the characteristic features of the dwelling’s architectural style,
described as “Bungaloid,” such as its clapboard siding, medium-pitched roof, larger
dormer, and exposed rafters, brackets and purlins. The architect is noted as Charles
McKenzie of Wolf and Wolf, San Jose) and H. R. Lyman as builder. Also noted is its
association with Ernest and Marguerite Vollmer, partners in A. McAlister and Co., and
owners of commercial property in the city, for whom the house was built (Inventory, pg. 2).
As described in the applicant’s request letter (Attachment C), several renovation and
maintenance items are planned to be completed within the life of the contract:
1. Replace or repair roof
2. Fix or replace dry rot issues including fumigation
3. Repaint exteriors and interiors and maintain
4. Maintain the historical look including the existing windows repair or, where
necessary, replacement
5. Improve foundation as needed
The Mills Act Program
It is the City’s policy that significant historic resources be rehabilitated and preserved
(COSE § 3.3.1). The Mills Act Program is a property tax reduction program for protection
of cultural resources that encourages their maintenance and restoration (COSE § 3.6.2
of the General Plan Conservation and Open Space Element). Participation in the program
is limited to Master List Resources; the most unique and important historic resources in
terms of age, architectural or historical significance, rarity, or association with important
persons or events in the City’s past (HPO § 14.01.050 (A)). Currently, there are 66
properties participating in the program, with the last request (for the Snyder House at
1406 Morro) approved by the Council in October, 2024.
The City and owners of a Master List Resource enter into a historical property contract
under which the owners agree to restore, maintain, and protect the property in
accordance with historical preservation standards. Owners may qualify for property tax
relief, potentially realizing tax savings of between 40% and 60% per year. A Mills Act
Contract has a minimum term of ten years, and is extended annually for an additional
year, unless, after the initial term, either the City or the owner, by written notice, decides
not to renew the contract.
1 Council Resolution 5197 available at: opengov.slocity.org/WebLink/DocView.aspx?id=27829
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Item 5f
Previous Council or Advisory Body Action
On April 28, 2025, the Cultural Heritage Committee reviewed this application for
participation in the Mills Act Historic Preservation Program,2 along with the terms of the
draft preservation contract, and, by a vot e of 5-0 (two Members absent), recommended
that the City Council approve the contract.
Public Engagement
Public notice of this hearing has been provided to owners and occupants of property near
the subject site, published in The New Times, and posted on the City’s website. The
agenda for this meeting has been posted at City Hall and online, consistent with adopted
notification procedures.
ENVIRONMENTAL REVIEW
Entering into a “Mills Act Contract” with the owners of historical property is not subject to
the provisions of the California Environmental Quality Act (CEQA) because it is not a
project as defined in CEQA Guidelines § 15378 (Definitions – Project). Implementation of
the Mills Act is a government fiscal activity which does not involve commitment to any
specific project which may result in a potentially significant physical impact on the
environment (Guidelines § 15378 (b)(4)).
FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
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
After the Mills Act contract is recorded, the County Assessor values the property by an
income capitalization method, following guidelines provided by the State Board of
Equalization. Because of the timing and the method of valuing the restricted property, it
is difficult to accurately estimate the tax savings and resulting fiscal impacts to the City
under a particular historical property contract. However, a recent summary provided in
2 Cultural Heritage Committee staff report (April 28, 2025) available online at:
opengov.slocity.org/WebLink/DocView.aspx?id=207942
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Item 5f
2024 by the County Assessor indicated that the total reduction in annual tax revenue to
the City amounted to approximately $67,000 for a total of 65 properties on Mills Act
contracts at the time, or about $1,000 per property.
ALTERNATIVES
1. Decline to enter into a Mills Act Historical Property Contract with the property
owner. Denying the request to enter into a Mills Act contract would make unavailable
an effective incentive for the historic property’s long-term preservation. The Mills Act
Program is a financial assistance program identified in the General Plan for
encouraging maintenance and restoration of historic properties.
2. Continue consideration of the request to a future date for additional information
or discussion. If the Council wishes to continue consideration of this item to a future
date, staff requests that the Council detail the specific information that should be
provided for discussion at the future meeting.
ATTACHMENTS
A - Draft Resolution approving a Mills Act Contract for 1116 Pismo Street
B –Draft Historic Property Preservation Agreement (HIST -0151-2025)
C - Applicant Request Letter (HIST-0151-2025)
D - Historic Resources Inventory (1116 Pismo)
Page 72 of 243
RESOLUTION NO. ____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY AND THE
OWNERS OF THE VOLLMER HOUSE AT 1116 PISMO STREET
(APPLICATION NO. HIST-0151-2025)
WHEREAS, the City Council of the City of San Luis Obispo is authorized by
California Government Code Section 50280 et seq. (known as “the Mills Act”) to enter
into contracts with the owners of qualified historical properties to provide for appropriate
use, maintenance, and rehabilitation such that these historic properties retain their historic
characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an ongoing historic
preservation program to promote the preservation, maintenance , and rehabilitation of
historic resources through financial incentives; and
WHEREAS, the City Council of the City of San Luis Obispo designated
1116 Pismo Street, described as the Vollmer House, as a Master List Historic Resource
of the City of San Luis Obispo on August 16, 1983, by adoption of Resolution No. 5197,
pursuant to the policies in the City’s Historic Preservation Program Guidelines; and
WHEREAS, Christopher David Frago and Heidi A. Howland-Frago are the owners
of that certain qualified real property, together with associated structures and
improvement thereon, located on Assessor’s Parcel Number 002-446-019, located at
1116 Pismo Street, in the City of San Luis Obispo, California, also described as The
Vollmer House; and
WHEREAS, the City and Owners, for their mutual benefit, now desire to enter into
an agreement to limit the use of the property to prevent inappropriate alterations and to
ensure that character-defining features are preserved and maintained in an exemplary
manner, and repairs and improvements are completed as necessary to carry out the
purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5,
Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to
Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code ; and.
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on April 28, 2025, for the purpose of reviewing the proposed
historic property preservation agreement, and recommended that the City enter into the
agreement; and
WHEREAS, the City Council conducted a public meeting in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California, on June 3, 2025, for the
Page 73 of 243
Resolution No. _____ (2025 Series) Page 2
R ______
purpose of considering approval of the historic property preservation agreement, and has
duly considered all evidence, including the record of the Cultural Heritage Committee
hearing and recommendation and the evaluation and recommendation by staff ; and
WHEREAS, notices of said public hearings and meetings were made at the time
and in the manner required by law.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
a) Conservation and Open Space Element Program 3.6.2 states that the City will
participate in financial assistance programs such as property tax reduction
programs that encourage maintenance and restoration of historic properties.
b) The Vollmer House, located at 1116 Pismo Street, has been recognized as a
historic asset in the community by its designation as a Master List Historic
Property by the City Council on August 16, 1983 (Resolution 5197). As such,
maintaining the structure will meet the City’s goals for historic preservation
listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space
Element.
SECTION 2. Environmental Determination. The City Council has determined that
the above actions do not constitute a project, as defined in California Environmental
Quality Act Guidelines § 15378, and are not subject to environmental review.
SECTION 3. Historic Property Preservation Agreement Approved. The City
Council hereby approves the “Historic Property Preservation Agreement between the City
of San Luis Obispo and the Owners of the Historic Property Located at 1116 Pismo
Street,” to be entered into by the City and the property owner s, Christopher David Frago
and Heidi A. Howland-Frago, attached hereto as “Exhibit A.”
SECTION 4. Community Development Director Authorized to Sign Agreement for
City. The City Council hereby authorizes the Community Development Director to execute
said agreement on behalf of the Council of the City of San Luis Obispo.
SECTION 5. Recordation of the Agreement. No later than twenty (20) days after
the parties enter into said agreement, the City Clerk shall cause the agreement to be
recorded in the Office of the County Recorder of the County of San Luis Obispo.
Page 74 of 243
Resolution No. _____ (2025 Series) Page 3
R ______
On motion of Council Member , seconded by Council Member , and on the
following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 3rd day of June 2025.
____________________________________
Mayor Erica A. Stewart
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, this ______ day of ______________, 2025.
____________________________________
Teresa Purrington
City Clerk
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC
PROPERTY LOCATED AT 1116 PISMO STREET, IN THE CITY AND THE COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this ________ day of ________ , 2025, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
“City”), and Christopher David Frago and Heidi A. Howland-Frago (hereinafter referred to as
“Owners”), and collectively referred to as the “parties.”
Section 1. Description of Preservation Measures. The Owners, their heirs, or assigns hereby
agree to undertake and complete, at their expense, the preservation, maintenance, and
improvements measures described in “Exhibit A” attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement’s effective date, such initial term will
automatically be extended as provided in California Government Code Section 50280 through
50290 and in Section 3, below.
Section 3. Agreement Renewal and Non-renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter
referred to as “annual renewal date”), a year shall automaticall y be added to the
initial term of this agreement unless written notice of nonrenewal is served as
provided herein.
b. If the Owners or the City desire in any year not to renew the agreement, the Owners
or the City shall serve written notice of nonrenewal of the agreement on the other
party. Unless such notice is served by the Owners to the City at least ninety (90)
days prior to the annual renewal date, or served by the City to the Owners at least
sixty (60) days prior to the annual renewal date, one (1) year shall automatically be
added to the term of the agreement as provided herein.
c. The Owners may make a written protest of the notice. The City may, at any time
prior to the annual renewal date, withdraw its notice to the Owners of nonrenewal.
d. If either the City or the Owners serves notice to the other party of nonrenewal in
any year, the agreement shall remain in effect for the balance of the term then
remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
a. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate
the building and its character-defining features, including: the building’s general
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architectural form, style, materials, design, scale, proportions, organization of
windows, doors, and other openings; interior architectural elements that are integral
to the building’s historic character or significance; exterior materials, coatings,
textures, details, mass, roof line, porch, and other aspects of the appearance of the
building’s exterior, as described in Exhibit A, to the satisfaction of the Community
Development Director or his designee.
b. The building’s interior closely relates to the property’s eligibility as a qualified
historic property. The Owners agree to allow pre-arranged tours on a limited basis,
to the approval of the Community Development Director or his designee.
c. All building changes shall comply with applicable City specific plans, City
regulations and guidelines, and conform to the rules and regulations of the Office
of Historic Preservation of the California Department of Parks and Recreation,
namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and
Standards and Guidelines for Historic Preservation Projects. Interior remodeling
shall retain original, character-defining architectural features such wood details,
pillars and arches, special tile work, or architectural ornamentation to the greatest
extent possible.
d. The Community Development Director shall be notified by the Owners of changes
to character-defining exterior features prior to their execution, such as major
landscaping projects and tree removals, exterior door or window replacement,
repainting, remodeling, or other exterior alterations requiring a building permit.
The Owners agree to secure all necessary City approvals and/or permits prior to
changing the building’s use or commencing construction work.
e. Owners agree that property tax savings resulting from this agreement shall be used
for property maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic
building; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or
furniture visible from a public way; or any device, decoration, structure, or
vegetation which is unsightly due to lack of maintenance or because such feature
adversely affects, or is visually incompatible with, the property’s recognized
historic character, significance, and design as determined by the Community
Development Director.
g. Owners shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the historic property by representatives of the County
Assessor, the State Department of Parks and Recreation, the State Board of
Equalization, and the City as may be necessary to determine the owners’
compliance with the terms and provisions of this agreement.
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Section 5. Furnishing of Information. The Owners hereby agree to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly-noticed public hearing by the City Council as set forth
in Government Code Section 50285, may cancel this agreement if it determines that
the Owners have breached any of the conditions of this agreement or has allowed
the property to deteriorate to the point that it no longer meets the standards for a
qualified historic property; or if the City determines that the Owners have failed to
preserve, maintain, or rehabilitate the property in the manner specified in Section 4
of this agreement. If a contract is cancelled because of failure of the Owners to
preserve, maintain, and rehabilitate the historic property as specified above, the
Owners shall pay a cancellation fee to the State Controller as set forth in
Government Code Section 50286, which states that the fee shall be 12 ½% of the
full value of the property at the time of cancellation without regard to any restriction
imposed with this agreement.
b. If the historic building is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of the agreement, the
agreement shall be cancelled and no fee imposed, as specified in Government Code
Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, under the provisions to cancel the agreement
by the Owners, the City shall give written notice of violation to the Owners by
registered or certified mail addressed to the address stated in this agreement. If
such a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or
default of said breach; or if the default cannot be cured within thirty (30) days
(provided that acts to cure the breach or default may be commenced within thirty
(30) days and shall thereafter be diligently pursued to completion by the Owners);
then the City may, without further notice, declare a default under the terms of this
agreement and may bring any action necessary to specifically enforce the
obligations of the Owners growing out of the terms of this agreement, apply to any
court, state or federal, for injunctive relief against any violation by the owners or
apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owners if the City does not
enforce or cancel this agreement. All other remedies at law or in equity which are
not otherwise provided for in this agreement or in the City’s regulations governing
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historic properties are available to the City to pursue in the event that there is a
breach or default under this agreement. No waiver by the City of any breach or
default under this agreement shall be deemed to be a waiver of any other subsequent
breach thereof or default herein under.
c. By mutual agreement, City and Owners may enter into mediation or binding
arbitration to resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building
located at 1116 Pismo Street, San Luis Obispo, California, Assessors Parcel Number 002-446-019,
to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owners
hereby declare their specific intent that the covenants, reservations, and restrictions as set forth
herein shall be deemed covenants running with the land and shall pass to and be binding upon the
Owners’ successors and assigns in title or interest to the historic property. Every contract, deed,
or other instrument hereinafter executed, covering or conveying the historic property or any
portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject
to the covenants, reservations, and restrictions expressed in this agreement regardless of whether
such covenants, restrictions, and reservations are set forth in such contract, deed, or other
instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address
of the respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owners: Christopher David Frago
Heidi A. Howland-Frago
PO Box 84
San Luis Obispo CA 93406
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to
create a partnership between the parties hereto and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be considered
joint ventures or members of any joint enterprise.
b. The Owners agree to hold the City and its elected and appointed officials, officers,
agents, and employees harmless from liability for damage or from claims for
damage for personal injuries, including death, and claims for property damage
which may arise from the direct or indirect use or activities of the Owners, or from
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those of their contractor, subcontractor, agent, employee, or other person acting on
the Owners’ behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owners hereby agree to and shall defend
the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all claims or actions for damages caused by, or alleged to have
been caused by, reason of the Owners’ activities in connection with the historic
property, excepting however any such claims or actions which are the result of the
sole negligence or willful misconduct of City, its officers, agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason
of the operations referred to in this agreement regardless of whether or not the City
prepared, supplied, or approved the plans, specifications, or other documents for
the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in
this agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons
acquiring any part or portion of the historic property, whether by operation of law
or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained
herein, or to determine the rights and duties of any party hereunder, the prevailing
party in such proceeding may recover all reasonable attorney’s fees to be fixed by
the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions
thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with the laws of the
State of California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this
agreement, the City shall cause this agreement to be recorded in the office of the County Recorder
of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owners;
however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day
and year written above.
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OWNERS
____________________________________ ______________________________
Christopher David Frago Date
____________________________________ ______________________________
Heidi A. Howland-Frago Date
CITY OF SAN LUIS OBISPO
____________________________________ ______________________________
Timothea Tway Date
Community Development Director
Pursuant to authority conferred by Resolution [NNNN] (2025 Series)
ATTEST:
______________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
______________________________
Christine Dietrick, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
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EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR THE VOLLMER HOUSE
LOCATED AT 1116 PISMO STREET, SAN LUIS OBISPO, CALIFORNIA
1. Owners shall preserve, maintain, and repair the historic building, including its
character-defining architectural features in good condition, to the satisfaction of the
Community Development Director or designee, pursuant to a Mills Act Preservation
Contract with the City of San Luis Obispo for property located at 1116 Pismo Street.
Character-defining features shall include, but are not limited to: roof, eaves, dormers, trim,
porches, walls and siding, architectural detailing, doors and windows, window screens
and shutters, balustrades and railings, foundations, and surface treatments.
2. Owners agree to make the following improvements and/or repairs during the term of
this contract but in no case later than ten (10) years from the contract date. All changes
or repairs shall be consistent with the City’s Historic Preservation Ordinance and the
Secretary of the Interior’s Standards for the Treatment of Historic Properties:
Repair or, as necessary, replace roofing materials
Repair dry rot of materials
Interior and exterior painting
Window maintenance or, where necessary, replacement
Foundation repair
General maintenance and upkeep
OWNERS
____________________________________ ______________________________
Christopher David Frago Date
____________________________________ ______________________________
Heidi A. Howland-Frago Date
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Item 5g
Department: Public Works
Cost Center: 5008
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Greg Cruce, Deputy Director – Maintenance Operations
SUBJECT: AUTHORIZE THE DISPOSAL OF WRECKED FLEET ASSET 1712
RECOMMENDATION
Authorize the Disposal of a Wrecked Fleet Asset No. 1712 in Accordance with Section 405-L of
the City’s Financial Management Manual.
POLICY CONTEXT
Section 405 (Attachment A) of the City Financial Management Manual provides guidance
related to Fleet Management. Section 405 -L of this Fleet Management Policy provides
guidance that vehicles that have been replaced or permanently removed from service
shall be done in accordance with Section 480 (Attachment B) of the Financial
Management Manual.
Section 480 of the Financial Management Manual Administrative Policy A states: “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.”
DISCUSSION
Background
In January 2025, a City owned 2017 Toyota Rav 4 Hybrid (Fleet Asset No. 1712) was
involved in a minor traffic accident. At that time, the vehicle appeared to be mechanically
functional and continued to be operated without Fleet Services being notified. Shortly
thereafter, the vehicles check engine light came on which led to a service request for the
Fleet Maintenance Program to evaluate, diagnose and repair. Fleet staff inspected the
vehicle and discovered the accident created a coolant leak that drained all cooling fluids.
Hybrid vehicles use the vehicles’ cooling system to cool and protect the hybrid battery.
The vehicle’s hybrid battery shows signs of swelling, which could be an indication of a
damaged battery.
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The vehicle was sent to a collision shop for an estimate to repair the radiator and body
damage, which totaled $10,158, and does not include any work to the battery.
Unfortunately, there is no way to test the condition of the battery without repairing the
vehicle. The current cost of the repairs exceeds 60% of the vehicles value, a nd if the
battery is found to be damaged, the total repair cost will exceed the value of the vehicle.
Therefore, staff is recommending sending the vehicle to auction in its current state in
accordance with Section 405 of the Financial Management Manual and not replacing this
vehicle as transportation needs can be addressed within the City’s current fleet assets.
Public Engagement
This is an administrative item, so no public engagement was completed. The item is a
consent item for the June 3, 2025, City Council meeting and will follow all required
postings and notifications. The public will have an opportunity to comment on this item
at or before the meeting.
CONCURRENCE
The Community Development Department concurs with the report and action.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommendation action
in this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
N/A
Budgeted: No Budget Year: 2025-26
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 -N/A - - -
All proceeds from the sale of the vehicle will be deposited into the CIP – Fleet fund
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Item 5g
balance.
ALTERNATIVES
Council could choose not to approve this action. Council could direct staff to repair
this vehicle or use this vehicle’s non-damaged parts for future repairs. This action could
reduce future materials and supplies cost if a repair was warranted on a similar vehicle
but would likely increase labor cost to find, remove and rehabilitate the part p rior to
installation of that part on a different vehicle.
ATTACHMENTS
A – Financial Management Manual, Section 405
B – Financial Management Manual, Section 480
C – Vehicle Repair Quote
D – Repair Photos
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Section 405
FLEET MANAGEMENT
TABLE OF CONTENTS
OVERVIEW
A. Purpose and Objectives 2
B. Responsibilities 3
POLICIES
C. Maintaining Proper Fleet Size 6
D. Buying New Versus Used 7
E. Environmental Stewardship 8
F. Fleet Use Target Guidelines Before Replacement 9
G. Equipping and Marking Newly-Acquired Units 11
PROCEDURES
Budgeting
H. Budgeting for Fleet Additions and Replacements 12
Budgeting for Fleet Additions
Budgeting for Fleet Replacements
Off-Cycle Fleet Additions and Replacements
Replacing Damaged Fleet Units
Purchasing
I. Buying New Units: Cooperative Purchasing Contract 14
J. Buying New Units: Invitation for Bids 16
K. Buying Used Vehicles 17
Surplus Units
L. Disposing of Surplus Units 18
Originally adopted by the Council on October 2, 1990 (Resolution No. 6876), most recent update on February 17,
2009 (Resolution No. 10057).
Revised by the City Manager November 2014.
405-1 Page 93 of 243
SECTION 405-A: OVERVIEW
PURPOSE AND OBJECTIVES
1. Purpose
The City’s fleet represents a significant investment in the tools needed to deliver day-to-
day services. This section of the Financial Management Manual outlines responsibilities,
policies, and procedures for managing the City’s fleet according to established objectives.
2. Objectives
a. Minimize fleet life-cycle costs. Typically, it makes sense to get as much service
life as possible out of a fleet unit. On the other hand, as fleet units get older and
accumulate more miles, operation and maintenance costs eventually become
excessive. Also, surplus value declines sharply after a certain point. Striking a
sensible balance among these fleet management principles can maximize utility
and minimize overall costs.
b. Avoid unnecessary capital outlays for fleet expansion and replacement.
Expanding the fleet or replacing an existing unit may not make sense if the unit is
used only sparingly.
c. Preserve and improve fleet safety, utility, reliability, and economy. Regular and
competent inspection and maintenance can prevent safety problems, maximize
reliability, and minimize long-term costs. Newer vehicles usually incorporate
more advanced technology such as airbags, anti-lock braking systems, and
engines that burn cleaner, last longer, and use less fuel. New construction
equipment usually incorporates technology that improves the productivity and
safety of equipment operators. Also, newer units are more reliable.
d. Maintain a positive image for the City. Routinely cleaning, maintaining, and
repairing fleet units can demonstrate a commitment to good stewardship over City
assets. Operating older vehicles and equipment can convey a positive impression
of cost-consciousness. Stylish features with marginal utility may project an
inappropriate image of luxury or extravagance.
e. Set a progressive example of environmental stewardship. Buying and operating
alternative and fuel-efficient units, where functionally and fiscally practical, can
demonstrate the practicality of such units in reducing conventional-fuel use and
enhancing air quality. It can also encourage the initial supply of innovative
products until widespread demand makes them more feasible to produce.
f. Encourage responsible use of City vehicles and equipment. Conscientious use of
City vehicles and equipment can improve safety and reduce liability.
405-2 Page 94 of 243
405-B: Overview
RESPONSIBILITIES
1. City Manager
a. Oversee the acquisition, operation, and disposal of all City-owned and leased
Fleet vehicles and equipment.
b. Authorize replacement of fleet units damaged beyond repair when the cost or
method of replacement exceeds Department Head purchasing authority and is
within the City Manager’s purchasing authority.
c. Amend fleet management policies and procedures as required to accomplish
adopted fleet management objectives.
2. Department Head
a. Ensure staff follows fleet management policies and procedures.
b. Budget for fleet additions and replacements not funded through the Fleet
Replacement Fund.
c. Authorize replacement of fleet units damaged beyond repair when the cost or
method of replacement is within the Department Head’s purchasing authority.
Replacement units shall be economical and efficient; avoid luxury units.
Consultation with the Public Works Director including justification for
replacement is required.
d. Ensure that all department employees who operate fleet units have appropriate
and valid operator licenses.
e. Ensure discussion between management staff occurs to identify and consider
incremental changes when Transit contracts renew or key fleet staff positions
vacate. Potential opportunities include combining business activities, integration
of fleet asset management and reporting, establishing equipment standards and
using master contracts for outsourced service providers.
3. General Fleet Coordinator
a. Manage the acquisition, disposal and replacement of all units not assigned to the
Fire or Transit Fleet.
b. Service and repair all vehicles and other related fleet equipment including
portable and fixed emergency generators not assigned to the Fire or Transit Fleet.
c. Manage inventories of fuel, oil, tires, and replacement parts needed for all units
not assigned to the Fire or Transit Fleet.
d. Document maintenance history and cost, fuel use, and accumulated mileage (or
hours) for each unit not assigned to the Fire or Transit Fleet.
e. Identify units to be disposed.
4. Fire Fleet Coordinator
The City has established a separate Fire Fleet to address the specific needs of this
specialized equipment. Fire equipment has a special roll and demands that require special
certification and record keeping in maintaining unique equipment. A Fire Vehicle
405-3 Page 95 of 243
Mechanic position and Fire equipment maintenance facilities based at Fire Station One
has been a long standing and successful norm for managing the Fire Fleet. This practice
will continue indefinitely, however, when Fire maintenance staff positions vacate, the
Public Works and Fire departments should take the opportunity to identify and consider
potential opportunities that could be beneficial for consolidating some or all elements of
the Fire and General Fleet.
a. Manage the acquisition, disposal and replacement of all units assigned to the Fire
Fleet. This includes all vehicles and related fleet equipment – including portable
and fixed emergency generators – assigned to the Fire Department.
b. Service and repair all units assigned to the Fire Fleet.
c. Manage inventories of the fuel, oil, tires, and replacement parts needed for all
units assigned to the Fire Fleet.
d. Document the maintenance history and cost, the fuel use, and the accumulated
mileage (or hours) for each unit assigned to the Fire Fleet.
e. Identify units to be disposed.
5. Transit Fleet Coordinator
The City has established a separate Transit Fleet to address the specific needs of this
specialized equipment. Transit equipment has a special roll and demands that require
special certification and record keeping in maintaining unique equipment. A Transit
Management position, comprehensive Service Contract, and Transit equipment
maintenance facilities based at 29 Prado Road has been a long standing and successful
norm for managing the Transit Fleet. This practice will to continue indefinitely, however,
when Transit contracts are up for renewal or key Transit management staff positions
vacate, Public Works should take the opportunity to identify and consider potential
opportunities for consolidating some or all elements of the Transit and General Fleet.
a. Manage the acquisition, disposal and replacement of all units assigned to the
Transit Fleet. The Transit Fleet includes buses and service vehicles owned by the
City and used by the City’s transit service contractor. Because such contractors
prefer to service and repair the vehicles they operate, the Transit Fleet is kept
separate from other City units.
b. Oversee the maintenance and operation activities of the Transit Fleet that are
performed by the transit service contractor.
c. Identify units to be disposed.
6. Vehicle and Equipment Operator Responsibilities
a. Exercise good judgment.
b. Consult a supervisor or the fleet coordinator if any operator responsibilities are
not clear.
c. Use City units only for conducting City business unless 1) a vehicle is part of a
compensation package or 2) it is a standby vehicle used for de minimus use (see
City Standby Vehicle Policy for more details).
d. Arrange for emergency repairs whenever consulting with the fleet coordinator
would be impractical. Pay for emergency repairs by either using a City credit card
or paying for the repair and submitting receipts for reimbursement.
405-4 Page 96 of 243
e. Wash and vacuum units periodically to maintain appearance and prevent
premature deterioration of surfaces and materials. Use City-owned washing
facilities if available. If City-owned washing facilities are not available, use a
commercial car wash. Use commercial waxing and detailing services only with
prior approval of the Fleet Coordinator.
f. Pay for any parking fees and tolls required while on City business. Submit
receipts for reimbursement.
g. Pay any traffic and parking fines incurred. These payments are not reimbursable.
h. Carry a valid California driver license.
i. Obey all traffic laws.
j. Except for emergency response, strictly observe speed limits and avoid rapid
acceleration in order to minimize fuel use.
k. In order to minimize fuel use, avoid vehicle idling except when required for
safety, emergency response, vehicle maintenance, equipment activity, or
recommended warm-up.
l. Drive defensively.
m. Use turn signals.
n. Use seat belts and ensure all occupants the use seat belts.
o. In case of accident, follow instructions included in the accident folder.
p. Observe no smoking in City vehicles policy requirements in accordance with City
policies pursuant to City Municipal Code Title 8, Health and Safety, 8.16.030
paragraph C.
q. Observe cell phone use policy requirements during operation of City vehicles.
7. Finance Division Responsibilities
a. Dispose of surplus vehicles in accordance with City policy in section 480 or the
Finance Management Manual.
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Section 405-C: Policies
MAINTAINING PROPER FLEET SIZE
1. Minimum Fleet Size. The number of units in the fleet should not exceed the minimum
number of units needed to effectively conduct City business.
2. Reviewing Vehicle Use. When budgeting for fleet replacements, calculate average
annual mileage or hours for each unit to be replaced. If average annual use appears to be
much lower than the average annual use within the same vehicle or equipment category,
the following options should be considered instead of replacement:
a. Using a vehicle assigned to a convenient vehicle pool.
b. Occasionally borrowing from, or establishing on-going shared equipment with
another operating program.
c. Renting or leasing a vehicle or equipment item for a limited period of time in
accordance with Financial Management Manual requirements and Finance
Director approval where required.
d. Reimbursing employees for use of privately-owned personal vehicles where it is a
practical or necessary alternative to City vehicle use, particularly if such use may
result in reduction in fleet size and does not conflict with trip reduction efforts.
3. Reimbursement for Business Use of Personal Vehicles. When use of a privately owned
personal vehicle is authorized for City business, reimbursement will be made at the
current Internal Revenue Service rate allowed for business use of vehicles. Consistent
with the IRS calculation of this rate, the per mile reimbursement rate will reflect all costs
associated with operating a vehicle, including, but not limited to, depreciation, lease
payments, maintenance, repairs, fuel, oil, insurance, and vehicle registration fees.
4. Timely Disposal of Replacement Units. Replacement of units shall not be a strategy to
expand the fleet either temporarily or permanently. When a unit is replaced, it will
expeditiously be declared surplus and be disposed, except that the Department Head in
consultation with the Public Works Director may approve a one-time temporary retention
and use not to exceed 180 days.
a. The General Fleet Coordinator may retain one surplus general purpose sedan or
pickup truck for a loaner vehicle to be used by departments when their vehicles
are being serviced.
b. The General Fleet Coordinator may retain one surplus backhoe/loader for light-
duty use at the Corporation Yard.
NOTE: Retention of surplus units for use in alternative programs may be viable pursuant
to pending Grey Fleet policy.
5. Authority to Dispose of Surplus Units. The Director of Finance & Information
Technology is authorized to:
a. Dispose of surplus units by sale, auction, trade-in, or other disposal method
according to City policies and procedures.
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Section 405-D: Policies
BUYING NEW VERSUS USED
1. Based on past experience with purchase of used general fleet equipment, and to ensure
reliability and value, the City’s primary practice should be purchasing new vehicles and
equipment when replacements are needed. Buying new fleet equipment takes advantage
of design advancements and improvements in fuel usage at reasonable cost from
competitive bidding through state and local cooperative purchase opportunities. This does
not preclude the option to buy used on a case-by-case basis if there are specific reasons
why used vehicles or specialize equipment is a more practical and cost effective
alternative to buying new.
2. Exception. One standing exception to this policy is that the City will purchase used
general-purpose police sedans. The Police Department needs general-purpose sedans that:
a. Are not typical government fleet vehicles with modest exterior trim levels so the
sedans do not stand out as stripped-down government vehicles. This is important
because these cars are often pressed into service for detective or undercover work.
b. Have large interior capacities with plenty of seat width and legroom in the rear.
This is important because these cars must occasionally respond to emergencies
carrying four fully equipped patrol officers.
To meet these two criteria and keep replacement budgets reasonable, the City should buy
used vehicles to replace general-purpose police sedans. This procedure is common
practice in California cities when replacing similar police vehicles.
405-7 Page 99 of 243
Section 405-E: Policies
ENVIRONMENTAL STEWARDSHIP
1. The City should incorporate “green” vehicles into its General, Fire, and Transit Fleets
when such units:
a. Will produce significantly less air pollution, use less fossil fuel or have higher
miles-per-gallon ratings than comparable conventional units.
b. Will not compromise fleet safety, utility, and reliability.
c. Can be fueled or recharged locally.
d. Can be serviced economically and locally.
e. Have a projected life cycle cost that is no more than 20% higher than the
projected life cycle cost of comparable conventional-fuel units. The impact of
environmental externalities, such as secondary pollution or market impacts from
bio fuel production and distribution, should be considered with potential decisions
in procuring alternative fuel vehicles.
2. Each new and replacement unit should have the best fuel-efficiency and the lowest
emissions available while performing its primary program use. Incidental or occasional
program uses should not compromise good fuel-efficiency and low emissions. For
example, if the primary use is local transportation for one or two people, then a small or
ultra-small vehicle is preferred. If the program occasionally needs a larger unit to
transport three or four people to an out-of-town conference, such a unit should be rented
or borrowed from another program area.
405-8 Page 100 of 243
Section 405-F: Policies
FLEET USE TARGET GUIDELINES BEFORE REPLACEMENT
1. The following table shows the age and mileage expected from City units in front-line
operation before replacement or assignment to backup service:
Suggested Fleet Replacement Criteria
Vehicle or Equipment Category Age
(Years) Mileage Years Allowed in
Backup Service* Hours
Public Safety Vehicles
Police Patrol Vehicles --- 80,000 --- ---
Police Patrol Motorcycles --- 35,000 --- ---
Fire Pumper Trucks 16 --- 4 ---
Fire Aerial Ladder Trucks 20 --- 4 ---
Other Fire Trucks 10 --- --- ---
Other Public Safety Vehicles** --- 80,000 --- ---
General Purpose Vehicles
Police Sedans 8 90,000 ---
Sedans 11 90,000 ---
Station Wagons 11 90,000 ---
Passenger Vans 11 90,000 ---
Utility Vehicles 11 90,000 ---
Pickup Trucks (under 1 ton) 11 90,000 ---
Special Purpose Service Units
Light Trucks (under 1 ton) 12 100,000 ---
Medium Trucks (1 to 2 tons) 12 60,000 ---
Heavy Trucks (over 2 tons) 12 60,000 ---
Utility Scooters 6 30,000 5,000
Street Sweepers 8 60,000 6,000
Vacuum Flusher Trucks 12 60,000 ---
Trailers 18 --- ---
Construction Equipment 12 --- 5,000
Buses 12 --- ---
Mowers 7 --- 5,000
Boats 21 --- ---
Other Portable Equipment 15 --- ---
* Backup service defined as setting aside a unit from front line or regular service for the sole purpose of
being available during down time of the front line unit.
** Includes any 24/7 scheduled units that are primarily assigned as a front-line, first responder emergency-
call vehicle. As of November 2008, this includes the Police CSI Truck, Police Sergeant SUV and Fire
Battalion Chief SUV.
2. For units purchased used, the age and mileage targets apply to age and mileage since
new, rather than age and mileage since acquired by the City.
405-9 Page 101 of 243
3. Age/mileage/hours standards will be periodically reviewed and may be adjusted because
of improvements in technology or maintenance practices.
4. In order to maintain the high level of reliability required for emergency response
vehicles, replace police patrol units when they reach their mileage targets. For the same
reason, fire safety units should be replaced when they reach their age targets.
5. For non-safety units, the age/mileage/hours targets are only guidelines. Units in
exceptional condition with low-cost repair histories may continue in service beyond
expected age/mileage/hours targets at the discretion of the fleet coordinator. On the other
hand, units may be recommended for replacement before expected age/mileage/hours
targets are reached if there are problems with irreparable damage, high maintenance cost,
unreliability, unsafe components, or technological obsolescence.
405-10 Page 102 of 243
Section 405-G: Policies
EQUIPPING AND MARKING NEWLY-ACQUIRED UNITS
1. The Fleet Coordinator will equip each unit with the following articles:
a. Vehicle registration forms
b. Proof of insurance
c. An accident folder that includes an incident report form, an information exchange
card, and witness information cards
2. General-purpose sedans, station wagons, and passenger vans do not require any special
markings. However, these vehicles must be identified as belonging to the City of San
Luis Obispo through such means as a license plate holder or window decal.
3. Utility vehicles, pickup trucks, and special purpose units will be marked with logos and
colors listed in the City Style Guide, including the City fleet identification number.
4. Police patrol vehicles and patrol motorcycles will be marked so that they will be
immediately recognizable as City public safety vehicles. The City Manager will approve
marking schemes for patrol vehicles.
5. Emergency response units in the Fire Fleet will be marked so that they will be
immediately recognizable as City public safety vehicles. The City Manager will approve
marking schemes for emergency response units. General-purpose sedans in the Fire
Fleet will be marked as described in #2 above.
6. Transit Fleet vehicles will be marked with a distinctive scheme that includes the term
“SLO Transit.” Any changes to Transit Fleet markings will be considered by the Mass
Transportation Committee and approved by Council.
7. The City Manager must approve any deviations from the provisions of paragraphs 2
through 5 and any additional special markings on any units. Any significant change to
established vehicle markings may, at the discretion of the City Manager, require Council
approval.
405-11 Page 103 of 243
Section 405-H: Procedures
BUDGETING FOR FLEET ADDITIONS AND REPLACEMENTS
Budgeting for additions and replacements will be pursuant to the City’s budget policies and the
budget instructions issued for each Financial Plan cycle. Except as noted below, all fleet
additions and replacements are approved by the Council through the budget process.
1. Budgeting for Fleet Additions
a. Prepare a Capital Improvement Plan (CIP) request for each proposed unit via the
Fleet Supervisor.
b. Group similar units within one operating program into a single request.
c. Departments shall rank each request in priority order.
2. Budgeting for Fleet Replacements
a. Examine units that are near or beyond age and mileage targets. Recommend
replacement if justified by maintenance history, overall condition, value, and
obsolescence.
b. Prepare a CIP request including the following for each unit being replaced:
• City identification number (e.g., 0405)
• Model year (e.g., 2010), make (e.g., Ford), and model (e.g., F-350)
• Description (e.g., one-ton truck)
• Assigned department (e.g., Public Works)
• Assigned program (e.g., Signal and Light Maintenance)
• Acquisition year (e.g., 2010-11)
• Acquisition price
• Recommended replacement year
• Estimated total replacement price (including the price of additional equipment
such as radios and installation for new or transferred equipment)
• Itemization of total replacement price (including base price, price of special
equipment, price of special equipment installation, and five percent price
contingency)
• Estimated surplus value
• Basis of estimated surplus value (e.g., blue book, previous auction proceeds)
• Current odometer or hourmeter reading
• Projected odometer or hourmeter reading at replacement
• Maintenance cost since acquisition
• Maintenance cost in the last full fiscal year
• Justification for replacement before age or mileage targets
• Justification for replacement with other than a like unit
• An explanation of how the replacement unit conforms to the policies of
Section 405-E regarding environmental stewardship
405-12 Page 104 of 243
3. Off-Cycle Additions and Replacements
Request fleet additions or replacements at times other than the normal budget cycle
(Financial Plans, Mid-Year Budget Reviews and Financial Plan Supplements) when
necessary due to exceptional circumstances.
4. Replacing Fleet Units Damaged Beyond Repair
Authorize replacement of fleet units damaged beyond repair when the cost or method of
replacement is within the Department Head’s purchasing authority.1 Consultation with
the Public Works Director including justification for replacement is required.
Request Department Head approval to replace fleet units damaged beyond repair, subject
to all of the following conditions:
a. The Fleet Coordinator has evaluated cost options and recommended replacement
rather than repair as the most cost effective solution.
b. The cost and method of replacement are within the Department Head’s
purchasing authority.
c. Replacement units shall be economical and efficient; avoid luxury units.
d. Adequate resources are available for the purchase within existing budget
appropriations.
e. Submit (1) information about the unit being replaced (per paragraph 2b of this
section) and (2) a full description of the circumstances resulting in the damage to
the Public Works Director for review and approval.
1 Request City Manager and/or Council approval if replacement cost exceeds Department Head authority.
405-13
Page 105 of 243
Section 405-I: Procedures
BUYING NEW UNITS: COOPERATIVE PURCHASING CONTRACT
Note: All Fleet purchases such as Police patrol vehicles, general-purpose fire trucks, sedans,
station wagons, passenger vans, light to heavy trucks, utility vehicles, and construction
equipment should generally be acquired new through State of California Multiple Award
Schedule (CMAS) contracts. Specialized units not generally available through CMAS should
generally be acquired new through “piggyback” purchases, where other local agencies have
conducted competitive procurements and made those contracts available to the City.
1. Obtain a copy of the purchasing contract that extends contract prices to other government
agencies.
2. Ensure that the specified unit along with options is appropriate for the intended use.
3. Contact any local dealers that might have been potential bidders to ensure that the
cooperative contract price is a good value and prudent alternative to advertising for bids.
a. Use local dealer within the city limits if they can provide the same brand, model and
configuration of item(s) identified in cooperative purchase agreement(s) at or below
the cooperative purchasing net cost within the same terms and conditions.
4. Include only those options needed to meet work requirements and typical comfort needs.
Avoid options like fancy wheels or leather upholstery that might be perceived as
luxurious, even if there is no difference in price compared to ordinary options.
5. Specify the exterior paint color to be white. Specify another base color (preferably solid
and non-metallic) if authorized or if it will demonstrably improve safety, enhance utility,
or reduce cost.
6. Submit the following to the Finance Director for approval when using cooperative
purchasing agreement:
a. Purchase order to dealer
b. Dealer invoice that references cooperative purchasing agreement contract number
c. Copy of the cooperative purchasing agreement
d. Statement confirming dealer pricing agrees with cooperative purchasing agreement
bid
7. Submit the following to the Finance Director for approval when using local dealer:
a. Purchase order to dealer
b. Dealer invoice
c. Documentation of cooperative purchasing agreement pricing for comparison
d. Statement confirming local dealer pricing is better than cooperative purchasing
agreement bid.
If unit cost exceeds Finance Director’s purchasing authority, submit a City Manager or
Council Agenda Report requesting approval.
8. Receive the unit and examine it for defects and conformance to specifications. If
satisfactory, mark the dealer’s invoice “okay to pay,” initial it, and forward it to the
405-14 Page 106 of 243
Finance Department with a copy of the purchase order. Note: CMAS contracts often
include substantial cash discounts for payment within a stated period of time. For this
reason, invoices should be processed promptly to earn such discounts.
9. Forward any title documents to the Finance Department.
10. Pay any State of California CMAS invoices and charge the appropriate project account.
The State assesses a nominal service charge – typically one percent of the base price – for
CMAS procurements. Invoices for these service charges usually arrive two or three
months after the procurement.
405-15 Page 107 of 243
Section 405-J: Procedures
BUYING NEW UNITS: INVITATION FOR BIDS
Note: Where appropriate vehicles and equipment are not available through cooperative
purchasing contracts, they should be acquired new through invitations for bids.
1. Use the standard invitation for bids (IFB) template to create the specification.
2. In Section A (Description of Work), list the dimensions, capacities, ratings, and options
that will adequately describe the unit needed for the intended use. Avoid describing a unit
available from only one manufacturer.
3. Include only those options needed to meet work requirements and typical comfort needs.
Avoid options like fancy wheels or leather upholstery that might be perceived as
luxurious, even if there is no difference in price compared to ordinary options.
4. Specify the exterior paint color to be white. Specify another base color (preferably solid
and non-metallic) if it will demonstrably improve safety, enhance utility, or reduce cost.
5. If the unit will be picked up at the dealer or delivered by common carrier, eliminate
insurance requirements from Section B (General Terms and Conditions) and eliminate
Section E (Insurance Requirements) from the specification.
6. Eliminate the contract requirements from Section B (General Terms and Conditions).
Eliminate Section D (Form of Agreement) from the specification.
7. In Section C (Special Terms and Conditions), change language about awarding a contract
to language about issuing a purchase order.
8. Along with the bid form, include a specification conformance form on which the bidder
affirmatively indicates that its product meets the description included in Section A of the
Invitation for Bid.
9. Request authorization from Finance Director to invite bids. If unit cost exceeds Finance
Director’s purchasing authority, submit a City Manager or Council Agenda Report
requesting authorization to invite bids and award contract via Finance Director.
10. Advertise for bids.
11. Open bids.
12. Prepare a purchase order to the successful bidder and submit it to the Finance Director for
approval.
13. Receive the unit and examine it for defects and conformance to specifications. If
satisfactory, mark the dealer’s invoice “okay to pay,” initial it, record the date unit was
accepted, and forward it to the Finance Department with a copy of the purchase order.
14. Forward any title documents to the Finance Department.
405-16 Page 108 of 243
Section 405-K: Procedures
BUYING USED VEHICLES
Note: The City should use local vendors to find suitable vehicles at auction. This approach
avoids high dealer markups and allows purchases of vehicles from leased corporate fleets.
1. Request Department Head approval to purchase a used vehicle when the cost or method
of replacement is within the Department Head’s purchasing authority.2 Consultation with
the Public Works Director including justification for purchase is required.
2. The Fleet Coordinator will initiate a search for a vehicle through vendors who buy and
sell vehicles.
3. Identify a late model, low mileage vehicle that is acceptable for program requirements.
Consider only vehicles with options needed to meet work requirements and typical
comfort needs. Avoid luxury vehicles.
4. Perform a technical inspection to confirm the vehicle is in excellent condition.
5. Negotiate a purchase price, including an extended warranty as appropriate, to be included
in a written buyers order from the dealer.
6. Prepare a purchase order and submit it to the Finance Department.
7. Receive the vehicle and examine it for defects and conformance to the buyers order.
8. Forward any title documents to the Finance Department.
2 Request City Manager and/or Council approval if unit cost exceeds Department Head authority.
405-17
Page 109 of 243
Section 405-L: Procedures
DISPOSING OF SURPLUS UNITS
1. When a unit is replaced or otherwise permanently removed from service, report to the
Finance Department that it is surplus and available for sale.
2. Include in each such report the following information for each unit reported:
• City identification number (e.g., 9901)
• Vehicle identification number (VIN)
• License number
• Model year (e.g., 2005), make (e.g., Ford), and model (e.g., F-350)
• Description (e.g., one-ton truck)
• Assigned department (e.g., Public Works)
• Assigned program (e.g., Signal and Light Maintenance)
• Acquisition year (e.g., 2004-05)
• Estimated surplus value
• Basis of estimated surplus value (e.g., blue book, previous auction proceeds)
• Current odometer or hourmeter reading
• Justification for replacement
• Current location
• Authorization to surplus (e.g., budget document that authorized replacement or
other Council authorization to replace or dispose of the unit)
3. Finance Division will dispose of surplus vehicles in accordance with Section 480 of the
Financial Management Manual.
405-18 Page 110 of 243
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.
480-1 Page 111 of 243
Surplus Personal and Unclaimed Property Policy
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
480-2 Page 112 of 243
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 113 of 243
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 114 of 243
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 115 of 243
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 116 of 243
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 117 of 243
Page 118 of 243
Enhanced Certified Collision Center Workfile ID:
PartsShare:
Federal ID:
State EPA:
BAR:
a1259eab
86-2629711
CAL000465110
ARD00301299
Scottwodin@ECCCSLO.com
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Preliminary Estimate
RO Number: 2700
Written By: Jordyn Zimmermann
Insured: City Of SLO Policy #: Claim #:
Type of Loss: Date of Loss: Days to Repair:0
Point of Impact:
Owner: Inspection Location: Insurance Company:
City Of SLO Enhanced Certified Collision Center
(805) 550-7921 Business 3577 S Higuera St
San Luis Obispo, CA 93401
Repair Facility
(805) 549-0841 Business
VEHICLE
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
VIN: JTMRJREV7GD051429 Interior Color: Mileage In: Vehicle Out:
License: Exterior Color: Mileage Out:
State: CA Production Date: Condition: Job #:
TRANSMISSION Air Conditioning Auxiliary Audio Connection Cloth Seats
Automatic Transmission Intermittent Wipers Satellite Radio Bucket Seats
4 Wheel Drive Tilt Wheel SAFETY Reclining/Lounge Seats
POWER Cruise Control Drivers Side Air Bag WHEELS
Power Steering Rear Defogger Passenger Air Bag Aluminum/Alloy Wheels
Power Brakes Keyless Entry Anti-Lock Brakes (4)PAINT
Power Windows Steering Wheel Touch Controls 4 Wheel Disc Brakes Clear Coat Paint
Power Locks Rear Window Wiper Traction Control OTHER
Power Mirrors Telescopic Wheel Stability Control Fog Lamps
Heated Mirrors Climate Control Front Side Impact Air Bags Rear Spoiler
DECOR Backup Camera Head/Curtain Air Bags Signal Integrated Mirrors
Dual Mirrors RADIO Hands Free Device California Emissions
Privacy Glass AM Radio Positraction TRUCK
Console/Storage FM Radio ROOF Power Trunk/Liftgate
Overhead Console Stereo Electric Glass Sunroof
CONVENIENCE Search/Seek SEATS
2/6/2025 11:20:23 AM 441521 Page 1
8m3h37
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Preliminary Estimate
RO Number: 2700
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
Line Oper Description Part Number Qty Extended
Price $
Labor Paint
1 FRONT BUMPER & GRILLE
2 O/H front bumper 2.6
3 *<> Repl Bumper cover w/o park sensors
Japan built
521190R914 1 249.30 Incl. 2.6
4 Add for Clear Coat 1.0
5 Repl Prep unprimed bumper 1 0.7
6 *Repl Seal 533950R060 1 42.90 Incl.
7 Repl Center reinf Japan built 5208542050 1 42.11 Incl.
8 *Repl Lower panel XLE, Limited 524110R070 1 183.94 Incl. 0.0
9 *Repl Lower molding Japan built XLE,
Limited
527110R050B2 1 166.95 Incl.
10 *Repl License mount w/o SE 521140R090 1 35.16 0.2
11 *Repl RT Tow eye cap w/o SE 532850R080 1 15.79 Incl.
12 *Repl LT Tow eye cap w/o SE 532860R080 1 15.42 Incl.
13 *Repl Absorber Japan built 526140R070 1 57.90 Incl.
14 *Repl Impact bar Japan built 5202142150 1 214.94 0.5
15 *Repl RT Side retainer 525350R080 1 67.97 0.1
16 *Repl LT Side retainer 525360R060 1 68.73 0.1
17 Repl RT Lower panel fastener 9046705114 1 5.14
18 Repl LT Lower panel fastener 9046705114 1 5.14
19 Repl RT Bumper cover fastener 538790R010 1 8.36
20 Repl LT Bumper cover fastener 538790R010 1 8.36
21 *Repl Grille w/strip Japan built 531010R120 1 205.96 Incl.
22 Repl RT Grille clip 5216102020 1 3.51
23 Repl LT Grille clip 5216102020 1 3.51
24 *Repl Center grille slots, w/o pre crash
Japan built
531120R060 1 43.72 Incl.
25 *Repl Lower grille slots Japan built 531130R060 1 86.17 Incl.
26 FRONT LAMPS
27 *Repl RT Headlamp 8113042640 1 327.63 0.3
28 Aim headlamps 0.5
29 *Repl LT Headlamp 8117042640 1 324.12 0.3
30 R&I RT Fog lamp assy 0.2
31 R&I LT Fog lamp assy 0.2
32 RADIATOR SUPPORT
33 Refinish Components 1.6
34 Add for Clear Coat 0.3
35 *Repl Radiator support 5320542110 1 500.85 s 7.3 Incl.
36 Evacuate & recharge m 1.4
37 Refrigerant recovery m 0.4
38 *Repl Sight shield 166810V040 1 79.64 Incl.
39 Repl RT Air guide w/hybrid 1669136081 1 60.65 0.1
40 Repl LT Air guide w/hybrid 1669536081 1 59.36 0.1
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Preliminary Estimate
RO Number: 2700
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
41 *Repl RT Support bracket 532020R030 1 65.84 s 1.0 Incl.
42 Repl Sight shield clip 90467A0051 7 15.47
43 Repl LT Support bracket 5320342040 1 70.84 s 1.0 0.4
44 Add for Clear Coat 0.1
45 COOLING
46 ** Repl Non OEM Radiator assy 1640036090 1 216.45 m Incl.
47 Repl Cooling shroud 1671136180 1 235.03 m 0.7
48 Repl RT Cooling shroud lower insulator 165350V010 1 27.64
49 Repl LT Cooling shroud lower insulator 165350V010 1 27.64
50 Repl RT Cooling shroud support
bracket
1653326070 1 35.69
51 Repl LT Cooling shroud support
bracket
1653326070 1 35.69
52 Repl RT Cooling shroud upper insulator 1652328030 1 13.88
53 Repl LT Cooling shroud upper insulator 1652328030 1 13.88
54 Repl RT Motor 1636336190 1 356.10 m Incl.
55 Repl LT Motor 1636336180 1 356.10 m Incl.
56 Repl Aux pump G904048010 1 325.62
57 Repl Aux pump bracket G914148030 1 33.24
58 Repl Coolant hose G922942010 1 46.60
59 Repl Inverter cooler cushion 1671637010 2 9.08
60 AIR CONDITIONER & HEATER
61 Repl Liquid line Japan built w/hybrid 8870642810 1 230.19 m 1.0
62 FENDER
63 R&I RT Upper seal Japan built 0.1
64 R&I LT Upper seal Japan built 0.1
65 R&I RT R&I fender assy 1.4
66 R&I LT R&I fender assy 1.4
67 R&I RT Fender liner Japan built 0.4
68 R&I LT Fender liner Japan built 0.4
69 ELECTRICAL
70 R&I Low note horn m Incl.
71 R&I High note horn m Incl.
72 PILLARS, ROCKER & FLOOR
73 R&I Under cover rear 0.2
74 R&I LT Under cover front, Japan built
w/hybrid
0.3
75 VEHICLE DIAGNOSTICS
76 #Pre-repair Scan 1 0.5 M
77 #Post-repair Scan 1 0.5 M
78 MISCELLANEOUS OPERATIONS
79 #D&R/ Isolate Battery 1 0.2 M
80 #Subl Hazardous waste removal 1 10.00 X
81 #Cover Car 1 10.00 X 0.2
82 #Cover Car for Primer 1 10.00 X 0.2
83 #Mask jams/openings 1 10.00 X 0.3
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Preliminary Estimate
RO Number: 2700
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
84 #Repl Corrosion protection primer 1 20.00 T 0.3
85 #Repl Cavity wax 1 15.00 T
86 #Rpr Setup & measure 2.0 F
87 #Rpr Unibody Structural Pull 2.5 F
88 #Rpr Damage from unibody clamps 1.0 1.0
89 #Subl Four wheel alignment 1 160.00 X
90 ** Repl Non OEM Coolant 1 40.00 T
91 ** Repl Non OEM Coolant ( Hybrid
System)
1 40.00 T
SUBTOTALS 5,313.21 30.0 7.7
ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 4,998.21
Body Labor 24.3 hrs @ $ 95.00 /hr 2,308.50
Paint Labor 7.7 hrs @ $ 95.00 /hr 731.50
Mechanical Labor 1.2 hrs @ $ 185.00 /hr 222.00
Frame Labor 4.5 hrs @ $ 150.00 /hr 675.00
Paint Supplies 7.7 hrs @ $ 55.00 /hr 423.50
Miscellaneous 315.00
Subtotal 9,673.71
Sales Tax $ 5,536.71 @ 8.7500 % 484.46
Grand Total 10,158.17
Deductible 0.00
CUSTOMER PAY 0.00
INSURANCE PAY 10,158.17
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Preliminary Estimate
RO Number: 2700
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO
APPEAR ON THIS FORM. ANY PERSON WHO KNOWINGLY PRESENTS FALSE
OR FRAUDULENT INFORMATION TO OBTAIN OR AMEND INSURANCE
COVERAGE OR TO MAKE A CLAIM FOR THE PAYMENT OF A LOSS IS
GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT
IN STATE PRISON.
THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY
BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR
REPLACED:
MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART,
A=APPROXIMATE PRICE. LABOR TYPES: B=BODY LABOR, D=DIAGNOSTIC,
E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR,
S=STRUCTURAL, T=TAXED MISCELLANEOUS, X=NON TAXED
MISCELLANEOUS. CCC ONE: ADJ=ADJACENT, ALGN=ALIGN,
A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE
PARTS ASSOCIATION, D&R=DISCONNECT AND RECONNECT,
EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY,
INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS
SPECIFICATIONS, NON-ADJ=NON ADJACENT, O/H=OVERHAUL,
OP=OPERATION, NO=LINE NUMBER, QTY=QUANTITY,
RECOND=RECONDITION, REFN=REFINISH, REPL=REPLACE, R&I=REMOVE
AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR, RT=RIGHT,
SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_
SYMBOLS: #=MANUAL LINE ENTRY, *=OTHER [IE..MOTORS DATABASE
INFORMATION WAS CHANGED], **=DATABASE LINE WITH AFTERMARKET,
N=NOTES ATTACHED TO LINE. OPT OEM=ORIGINAL EQUIPMENT
MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE
PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT.
""CURE TIME"" MEANS THE LENGTH OF TIME THAT, PER THE ADHESIVE
MANUFACTURER, THE WINDSHIELD ADHESIVE NEEDS TO CURE UNTIL THE
WINDSHIELD CAN PROPERLY FUNCTION AS A SAFETY DEVICE PURSUANT
TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS AND THE
VEHICLE MANUFACTURER'S SPECIFICATIONS.
THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN
THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS
ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL
MANUFACTURER OF YOUR VEHICLE.
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Preliminary Estimate
RO Number: 2700
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless
otherwise noted, (a) all items are derived from the Guide ARM8451, CCC Data Date 02/03/2025, and potentially other
third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the
vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts
are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative
OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle
dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data
provided by third party sources of data may have been modified or may have come from an alternate data source.
Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish
operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original
Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as
LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS
Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed
on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are
not included. Pound sign (#) items indicate manual entries.
Some 2024 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated
data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE
estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership.
The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to
be repaired or replaced:
SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.
X=Miscellaneous Non-Taxed charge category.
SYMBOLS FOLLOWING LABOR:
D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.
M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.
OTHER SYMBOLS AND ABBREVIATIONS:
Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.
CAPA=Certified Automotive Parts Association. CFC=Carbon Fiber.
D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like
Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part.
O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and
Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. STS=Stainless Steel. Subl=Sublet.
UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.
CCC ONE Estimating - A product of CCC Intelligent Solutions Inc.
The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR
CRASH ESTIMATING GUIDE:
BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway
Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number.
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Preliminary Estimate
RO Number: 2700
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
PARTS SUPPLIER LIST
Line Supplier Description Price
3 Toyota Santa Maria #521190R914 $ 249.30
1643 S Bradley Rd Bumper cover w/o park sensors Japan built
Santa Maria CA 93454 Quote: 3425255895
Expires: 03/07/25
6 Toyota Santa Maria #533950R060 $ 42.90
1643 S Bradley Rd Seal
Santa Maria CA 93454 Quote: 3363509306
Expires: 03/07/25
8 Toyota Santa Maria #524110R070 $ 183.94
1643 S Bradley Rd Lower panel XLE, Limited
Santa Maria CA 93454 Quote: 3425754695
Expires: 03/07/25
9 Toyota Santa Maria #527110R050B2 $ 166.95
1643 S Bradley Rd Lower molding Japan built XLE, Limited
Santa Maria CA 93454 Quote: 3424356432
Expires: 03/07/25
10 Toyota Santa Maria #521140R090 $ 35.16
1643 S Bradley Rd License mount w/o SE
Santa Maria CA 93454 Quote: 3423160298
Expires: 03/07/25
11 Toyota Santa Maria #532850R080 $ 15.79
1643 S Bradley Rd RT Tow eye cap w/o SE
Santa Maria CA 93454 Quote: 3423269120
Expires: 03/07/25
12 Toyota Santa Maria #532860R080 $ 15.42
1643 S Bradley Rd LT Tow eye cap w/o SE
Santa Maria CA 93454 Quote: 3424356770
Expires: 03/07/25
13 Toyota Santa Maria #526140R070 $ 57.90
1643 S Bradley Rd Absorber Japan built
Santa Maria CA 93454 Quote: 3425755040
Expires: 03/07/25
14 Toyota Santa Maria #5202142150 $ 214.94
1643 S Bradley Rd Impact bar Japan built
Santa Maria CA 93454 Quote: 3425953711
Expires: 03/07/25
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Page 125 of 243
Preliminary Estimate
RO Number: 2700
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
15 Toyota Santa Maria #525350R080 $ 67.97
1643 S Bradley Rd RT Side retainer
Santa Maria CA 93454 Quote: 3425953794
Expires: 03/07/25
16 Toyota Santa Maria #525360R060 $ 68.73
1643 S Bradley Rd LT Side retainer
Santa Maria CA 93454 Quote: 3426552194
Expires: 03/07/25
21 Toyota Santa Maria #531010R120 $ 205.96
1643 S Bradley Rd Grille w/strip Japan built
Santa Maria CA 93454 Quote: 3425457915
Expires: 03/07/25
24 Toyota Santa Maria #531120R060 $ 43.72
1643 S Bradley Rd Center grille slots, w/o pre crash Japan built
Santa Maria CA 93454 Quote: 3425555083
Expires: 03/07/25
25 Toyota Santa Maria #531130R060 $ 86.17
1643 S Bradley Rd Lower grille slots Japan built
Santa Maria CA 93454 Quote: 3361843645
Expires: 03/07/25
27 Toyota Santa Maria #8113042640 $ 327.63
1643 S Bradley Rd RT Headlamp
Santa Maria CA 93454 Quote: 3427052329
Expires: 03/07/25
29 Toyota Santa Maria #8117042640 $ 324.12
1643 S Bradley Rd LT Headlamp
Santa Maria CA 93454 Quote: 3422466539
Expires: 03/07/25
35 Toyota Santa Maria #5320542110 $ 500.85
1643 S Bradley Rd Radiator support
Santa Maria CA 93454 Quote: 3426753089
Expires: 03/07/25
38 Toyota Santa Maria #166810V040 $ 79.64
1643 S Bradley Rd Sight shield
Santa Maria CA 93454 Quote: 3422466648
Expires: 03/07/25
41 Toyota Santa Maria #532020R030 $ 65.84
1643 S Bradley Rd RT Support bracket
Santa Maria CA 93454 Quote: 3424658989
2/6/2025 11:20:23 AM 441521 Page 8
Page 126 of 243
Preliminary Estimate
RO Number: 2700
2016 TOYO RAV4 Hybrid XLE AWD 4D UTV 4-2.5L Hybrid Sequential MPI
Expires: 03/07/25
46 Keystone, Inc #RAD13592 $ 216.45
2115 SOUTH UNION AVENUE Non OEM Radiator assy
BAKERSFIELD CA 93307 Quote: 2851479636
(800) 832-8733 Expires: 03/24/25
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Page 128 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
2/6/2025 11:20:04 AM Page 1
Page 129 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
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Page 130 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
2/6/2025 11:20:04 AM Page 3
Page 131 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
2/6/2025 11:20:04 AM Page 4
Page 132 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
2/6/2025 11:20:04 AM Page 5
Page 133 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
1/13/2025
Comments:
2/6/2025 11:20:04 AM Page 6
Page 134 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
1/13/2025
Comments:
1/13/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025 11:20:04 AM Page 7
Page 135 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025 11:20:04 AM Page 8
Page 136 of 243
Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
Year: 2016 Color: License Plate: Production Date:
Make: TOYO Body Style: 4D UTV State: CA Mileage In:
Model: RAV4 Hybrid XLE ... Engine: 4-2.5L Hybrid Se... VIN: JTMRJREV7GD051429 Condition:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025
Comments:
2/6/2025 E01
Comments:
2/6/2025 E01
Comments:
2/6/2025 11:20:04 AM Page 9
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Enhanced Certified Collision Center
3577 S Higuera St, San Luis Obispo, CA 93401
Phone: (805) 549-0841
Image Report
Owner: City Of SLO Insurance: Estimator: Jordyn Zimmermann Vehicle Out:
RO Number: 2700 Claim Number:
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2/6/2025 E01
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2/6/2025 11:20:04 AM Page 10
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Item 5h
Department: Community Development
Cost Center: 4003
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Gabriel Munoz-Morris, Supervising Civil Engineer
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2428
PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE MALVA
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, Accepting the Public Improvements, Certifying Completion of the
Private Improvements, and Authorizing Release of the Securities for Tract 2428 -Phase 3
(3000 Calle Malva)” accepting the public improvements, certifying the private
improvements, and authorizing the release of securities for Tract 2 428-Phase 3.
(Attachment A)
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.
DISCUSSION
Background
Tract 2428, located at 3000 Calle Malva as shown on the attached Vicinity Map
(Attachment B, Vicinity Map), includes a total of 172 lots and is generally known as
Toscano consisting of 161 single family lots, five lots for up to 26 units of affordable
housing, five lots for riparian open space, and one 71-acre hillside lot for permanent open
space. This tract abuts South Hills Open Space directly to the north and is located north
of the neighborhood that is generally known as Serra Meadows.
Tract 2428 is divided into three phases. Originally, Phase 3 included 80 lots. At the time
that Phase 2 construction was ongoing, the Developer and City staff agreed to delay the
construction of one open space lot (Lot 85) to coincide with construction of Phase 3 due
to pedestrian safety concerns during construction of Phase 3. Ultimately, construction of
Phase 3 included 81 lots:
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Item 5h
1. 78 single-family lots
2. Completion of Phase 3 improvements on two riparian open space lots (Lots 82
and 83)
3. Construction of improvements on one riparian open space lot (Lot 85)
The improvements for Phase 1 were accepted by City Council on March 3, 2020, by
Resolution No. 11089 (2020 Series). The improvements for Phase 2 were accepted by
City Council on January 18, 2022, by Resolution No. 11302 (2022 Series). Phase 3 is the
final phase of the development.
Acceptance of Phase 3 Improvements
Work for Phase 3 was deemed complete by City inspection staff on February 22, 2024.
In general, the improvements consist of street construction, street widening, medians,
curb, gutter, sidewalks, streetlights, water main and sewer main extensions, fire hydrants,
reclaimed water main, storm drain improvements, and landscaping. Completion of the
improvements began the process of finishing all record drawing preparation and submittal
by the developer to the City so that the improvements could be formally accepted. A map
depicting the phasing plan and Phase 3 improvements is included as Attachment C (note
that Lot 85, as shown on Attachment C was deferred to be constructed in Phase 3 for
pedestrian safety concerns during construction of Phase 3).
Staff prepared a Resolution for Council acceptance of the improvements for Phase 3 on
October 15, 2024. At that meeting, due to concerns from residents of the neighborhood
regarding the status of certain improvements, the Council continued the item and asked
staff to return with an update and response to each concern expressed by the constituents
that were present.
Concerns from Constituents Regarding Acceptance
Per Council direction, staff has worked with concerned residents and HOA board
members to compile a list of all concerns (included as Attachment D). Staff has discussed
these concerns with residents and the developer and has provided the responses in
Attachment D.
Staff compiled all concerns received from the community and categorized them into four
categories: (A) Public Improvements (2 concerns), (B) Private Open Space/Private Drive
Lanes/Private Drainage (23 concerns), (C) Private Property (6 Concerns), and (D) Code
Compliance/Enforcement (2 concerns).
The majority of the concerns received were focused on private open spaces, drive lanes,
and drainage channels, specifically Lot 85. These areas, while accessible to the public,
are not areas that are ultimately maintained by the City, but are ultimately maintained by
the HOA. Staff worked with HOA board members to provide answers to some concerns
and worked with the developer directly to address issues of tree replacements. The main
focus of the concerns about Lot 85 centered on the current condition of landscaping and
trees. Lot 85 originally included a more robust planting schedule in the original project
plans. This planting plan was reduced for environmental reasons in response to failures
Page 140 of 243
Item 5h
that occurred in Lots 82 and 83 during wet winters. Those failures included heavy erosion
of soil and landscaping in lower portions of Lots 82 and 83 due to large volumes of water
moving rapidly through the drainage areas. The areas were repaired by the developer
and the landscaping was restored after the developer’s design professionals consulted
with the Regional Water Quality Control Board about the damaged areas and proposed
solutions. The drainage channel in Lot 85 serves primarily to convey flow through the
project site and there was a concern that the plants, as originally proposed, would fail or
erode during larger rain events in the future , similar to what occurred in Lots 82 and 83.
As a result, a more naturally occurring landscape plan was implemented in Lot 85 with
limited landscaping and trees and more naturally occurring grasses. Other minor changes
in landscaping in Lots 82 and 83 were also pursued during construction of Phase 3 to
mitigate plant failure and erosion concerns. Ultimately, landscaping in the Phase 3 areas
of Lots 82 and 83 largely matched the original planting plans at the time that Public Works
inspection deemed the Phase 3 improvements complete on February 22, 2024. Some of
the concerns raised regarding private open spaces/drive lanes/drai nage are related to
areas in previously accepted by the City in Phases 1 and 2. Those concerns have been
noted in the table in Attachment D.
The concerns regarding public improvements centered around small cracks in sidewalks
and the condition of landscaping in one planter. Per Public Works review of the Phase 3
improvement areas, no sidewalk sections require immediate repair and will be addressed
after acceptance on a case-by-case basis by the City in the future. The developer
previously completed several sidewalk repairs which required immediate attention prior
to Public Works Inspection deeming the improvements complete on February 22, 2024.
Staff was unable to verify the claim about dead landscaping in the one planter across the
street from 3065 Arezzo, however the developer maintains that the landscaping was in
place, and the improvement was signed off by Public Works in February 2024, indicating
that the plants were in place at the time of sign-off.
Several concerns about issues on private properties were forwarded to the Building and
Safety Division to discuss with individual property owners as they were outside the scope
of this action. These concerns generally related to drainage pipes and waterlines on
private lots, bioswale maintenance, and the ability to obtain plans for homes. Concerns
about bioswale maintenance were forwarded to Code Compliance staff and discussed
with HOA board members as there have been previous communications from Code
Compliance to the HOA clarifying maintenance responsibilities for bioswales in the project
area. Code Compliance staff and the HOA are currently addressing the maintenance of
privately maintained bioswales separately.
Lastly, concerns about enforcement issues were deemed outside the scope of this acti on
by the Council. However, staff provided information to residents and the HOA board about
possible enforcement strategies going forward (for example, concerns about parking
areas or enforcement by the HOA for property owners to maintain their lots approp riately).
Ultimately, the developer completed various items that staff requested based on the list
of concerns received. This includes: submittal and recordation of a certificate of
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Item 5h
Correction for the Tract Map, replanting trees in the upper portion of L ot 85, and removal
of construction debris from two drain inlets in Phase 3 areas (more details for each of
these items can be found in Attachment D). One of the concerns that was raised by
several members of the public was regarding the adequacy and health of plant material
in Lot 85. Staff had conversations with the developer about this plant material. The issue
centers around a request that approximately 1-10 plants and up to two trees be replanted.
The developer continues to assert that because the landscaping in the lower portion of
Lot 85 was signed off by Public Works in February 2024, they are not required to replace
landscaping in this area. Ultimately, the Public Work Inspection team did sign off on the
improvements in February 2024, and, while the City lacks photos specifically proving that
specific plants were installed by the developer on certain dates, the City does not have
the ability to compel the developer to address this final landscaping concern in Lot 85 as
a condition of the City’s acceptance of the Phase 3 improvements. Maintenance of Lot 85
is the responsibility of the HOA and the HOA board has indicated an interest in moving
forward with their own landscape maintenance firm to maintain the common private
spaces and City staff can provide a planting plan for the lower portion of Lot 85 to the
HOA if desired.
In summary, out of the concerns outlined in detail in Attachment D, those that are relevant
to the Council Action to accept public improvements are the concern over sidewalk
sections and the landscaping in one planter in the public Right -of-Way. It is the
determination of the Community Development Department and Public Works Department
that these concerns have been adequately addressed.
Previous Council or Advisory Body Action
The tentative subdivision map for Tract 2428 was approved by City Council on July 3,
2007, by Resolution No. 9917 (2007 Series).
Revised conditions that superseded the previous tentative map conditions were approved
by Council on April 15, 2014, by Resolution No. 10514 (2014 Series).
The final map for Phase 1 was app roved by City Council on August 16, 2016, by
Resolution No. 10737 (2016 Series).
The final map for Phase 2 was approved by City Council on August 15, 2017, by
Resolution No. 10825 (2017 Series).
The final map for Phase 3 was approved by City Council on January 8, 2019, by
Resolution No. 10971 (2019 Series).
The improvements for Phase 1 were accepted by City Council on March 3, 2020, by
Resolution No. 11089 (2020 Series).
The improvements for Phase 2 were accepted by City Council on January 18, 2022, by
Resolution No. 11302 (2022 Series).
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Item 5h
Staff prepared a Resolution for Council acceptance of the improvements for Phase 3 on
October 15, 2024. Council continued the item at that time due to concerns from residents.
Public Engagement
Public engagement was completed with the approval of the Tentative Map and the
development of the Margarita Area Specific Plan. In addition, due to the concerns raised
by residents during the October 15, 2024 Council meeting when this item was first
considered, staff engaged directly with residents to understand each concern, compile a
list of concerns, and provide responses for each concern.
Staff also performed site walks with residents and HOA board members on January 28,
2025, and February 10, 2025. In addition, staff also performed a site walk on February 7,
2025, to review current sidewalk conditions and paver pathway conditions for Phase 3
areas. Lastly, staff attended the February 24, 2025 , HOA meeting to provide an update
to concerned residents about the responses to the list of complaints ahead of agendizing
the item for Council consideration again. The City’s Arborist visited the site to evaluate
the condition of trees in Lot 85 on February 19, 2025, in response to a complaint that the
trees were dead. One tree in the upper portion of Lot 85 was confirmed to be in severe
decline. Staff performed a field inspection on March 31, 2025 to confirm the replacement
of that tree. Lastly, staff has maintained constant communication with the HOA board
throughout the last couple of months regarding the status of the various concerns that
were raised, the ongoing discussions with the developer, and the timeline for bringing this
item back to the Council for action.
CONCURRENCE
The Public Works Director and Utilities Director concurred with the initial recommendation
to accept the public improvements and certify the completion of the private improvements
on October 15, 2024. After reviewing the list of complaints, and addressing them as
described in Attachment C, both Directors continue to concur with the recommended
action.
ENVIRONMENTAL REVIEW
The Margarita Area Specific Plan and its Final Environmental Impact Report were
approved and certified on October 12, 2004. Tract 2428 was analyzed in a project specific
Initial Study/Mitigated Negative Declaration and was adopted on May 19, 2015.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
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Item 5h
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:
Total $ N/A $ $ $
Typical maintenance and operation of newly accepted public facilities will be required for
the street and utility improvements. Increasing the maintenance budget for the
incremental increase in infrastructure to be maintained does not occur with each
acceptance of public facilities. The maintenance budget for these improvements is
evaluated and adjusted as needed with the City’s adoption of its two -year budget.
However, the Council action of accepting these improvements in itself does not have an
associated budget increase.
ALTERNATIVES
1. The City Council may recommend that the public improvements not be
accepted and the private improvements not be certified. Ultimately, acceptance
of these improvements is required in accordance with the Margarita Area Specific
Plan (MASP), Tentative Map approvals, Public Facility Financing Plan, Department
of Real Estate process assumptions, and Homeowners Association CC&R’s. As
discussed in this report, the improvements have been completed in compliance with
the regulatory documents.
2. The City Council may recommend that the item be continued. Ultimately, the
developer has completed the public improvements, and the Public Work s
Department has deemed them complete. The Subdivision Map Act also requires that
the City accept the improvements if they are deemed complete and staff has not
found a basis for rejecting the improvements.
ATTACHMENTS
A - Draft resolution accepting the public improvements, certifying the private
improvements, and authorizing release of the securities for Tract 2428 -Phase 3
B - Tract 2428 Vicinity Map
C - Tract 2428 Phasing Plan
D - Constituent Concerns and Responses
Page 144 of 243
R _____
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS, CERTIFYING COMPLETION OF THE PRIVATE
IMPROVEMENTS, AND AUTHORIZING RELEASE OF THE SECURITIES
FOR TRACT 2428-PHASE 3 (3000 CALLE MALVA)
WHEREAS, the City Council made certain findings concerning Tract 2428, as
prescribed in Resolution No. 10514 (2014 Series); and
WHEREAS, the City Council approved the final map Phase 3 for Tract 2428 per
Resolution No. 10971 (2019 Series); and
WHEREAS, the subdivider has satisfactorily completed the required Phase 3
public improvements in accordance with City standards, specifications, and the
subdivision agreement; and has requested that the City accept of these public
improvements for maintenance and operation by the City; and
WHEREAS, the subdivider has satisfactorily completed the Phase 3 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 previously submitted the appropriate securities to
guarantee the construction of the Phase 3 subdivision improvements as shown on the
approved plans and those securities remain on file.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the public improvements for Phase 3.
SECTION 2. The City Council certifies completion of the Phase 3 private
improvements.
SECTION 3. The Faithful Performance securities guaranteeing completion of the
on-site and off-site public improvements and remaining private improvements may be
reduced to the approval of the City Engineer upon submittal of the following items:
1. Record drawings for the completed improvements.
SECTION 4. The corresponding Labor & Materials security may be released after
90 days from the date of acceptance of the improvements or 60 days after the recordation
of a notice of completion in accordance with Section 66499.7(h) of the California
Government Code.
Page 145 of 243
Resolution No. (2025 Series) Page 2
R _____
SECTION 5. The security guaranteeing the workmanship and materials may be
released by the Director of Public Works upon the successful completion of the 12 -month
warranty time period from the date of acceptance of the improvements.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2025.
____________________________________
Mayor Erica A. Stewart
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 146 of 243
Page 147 of 243
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Lot 85 moved to Phase 3due to pedestrian safetyconcerns duringconstructionPage 149 of 243
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No.Complaint/Issue Responsible PartyNotes1 There are at least 10 sections of sidewalk with cracks in them. N/AAll sidewalk areas were inspected and deemed complete at time of construction. Some repairs were made by the developer in areas where the inspector deemed that one was needed prior to deeming complete. In addition, staff performed various site visits in Winter 2025. Per the Public Works Department, no sidewalk sections require immediate repair and will be addressed after acceptance of the improvements on a case-by-case basis, as required. 2Landscpaing in the planter across from 3065 Arezzo died before irrigation lines were installed and no re-planting has ever taken place.HOA/Property OwnerThe landscaping of Phase 3 areas was deemed complete on 2/22/2024 by inspection staff. At that time, no dead landscaping was observed in the parkway area mentioned in this concern. If the HOA or the property owner whose house fronts the parkway in question would like to modify landscaping in this area they can do so per the requirements of the CC&Rs.1There is erosion in the common Lot 85N/AThe area that is eroded is outside of the project limits in a neighboring tract (Tract 2353 - Serra Meadows). City staff will work with the appropriate HOA to address.2There are areas where the slopes are slipperyN/AThe walking paths in the private open spaces are built per plan.3Drainage from Lot 172 has been concentrated near affordable housingN/ALot 172 was accepted with Phase 1. Lot 172, the open space above the developed areas, drained through what is now the project site through three natural drainage channels prior to development. Those areas are now known as Lots 82, 83, and 85. Those lots include drainage channels to convey flow from Lot 172 through the development, per the approved plans. The drainage channels in lots 82 and 83 had additional rock check dams installed per a concept submited to the Water Board to dissipate flow through the drainage channels. Since instalaltion of these dissipation improvements, no drainage issues have been observed in Lots 82 and 83. 4There is construction debris in drain inlets located on private property that should be removed. Specifically, there are concrete blocks, plasting sheeting, and pieces of construction lumber in the drain inlet at the end of the private drive lane shared by Lots 120 and 121.DeveloperCity inspeciton staff was asked to inspect all drain inlets at the end of private drive lanes in Phase 3. This inspection determined that the drain inlet between lots 120 and 121 did have construction debris in it and that one other drain inlet grate needed a fabric cover removed from the inlet grate which was left over from construction. The developer was asked to clean out the construction debris from the two drain inlets. This work was completed on March 31, 20255Rocks placed in drainage area to dissipate flow are safety hazard for kids playingN/AThese rock check dams were installed per direction from the Water Board. The rocks were installed to dissipate flow in a drainage area and prevent erosion. The improvements were done by the Developer's landscape contractor under the supervision of the contracted environmental professional per the concept submitted to the Water Board. These areas are not meant as recreational. If the HOA wishes to pursue additional improvements to these areas, the HOA can hire an environmental consultant to coordinate any proposed improvements with the Water Board and construct these additional improvements. 6There should be signage installed for child safety in the open spaces regarding hazards of playing on rocks.HOAThis concern is unrelated to the acceptance of the improvements for Phase 3. The HOA can elect to install advisory signage if desired.7There has been a lot of erosion in the private open space next to 3078 Lucca Lane (Lot 82) over the last several years. HOAThe area of concern in question is not part of Phase 3 but does receive drainage from Phase 3 areas. The private open spaces/drainage areas known as Lot 82 and Lot 83 were modified to dissipate drainage flow as required by the Water Board. The improvements were done by the Developer's landscape contractor under the supervision of the contracted environmental professional per the concept submitted to the Water Board. If the HOA wishes to pursue additional improvements to these areas, the HOA can elect to hire an environmental consultant to coordinate any proposed improvements with the Water Board and construct these additional improvements. Tract 2428-3 Table of Resident Concerns-Responsible Party-Responses(A) Public Improvements(B) Private Open Space/Private Drive Lanes/Private DrainagePage 151 of 243
8There are missing plants in the Phase 3 area of Lot 82 (heading uphill from 354 Tresana towards Arezzo on the left of the walking path).N/A or HOAThe area between the walking path and the retaining wall originally showed landscaping to be installed. The construction of the retaining wall footing, which would be under the thin landscaping strip in question, left a landscpaing area that would likely not provide for proper growth of the proposed landscaping. Due to this, City staff directed the developer to modify the landscaping for this area to gravel (bark was not used due to concerns over erosion/wash out during rain events). The HOA can elect to install landscaping in this area but it is not recommended. 9There are missing plants in the Phase 3 area of Lot 83. N/AThe landscaping of Phase 3 areas of Lot 83 was deemed complete on 2/22/2024 by City inspection staff. During field visits to the project site by City staff during Winter 2025 no major deviations in plantings were observed. If the HOA wishes to add additional plants to Lot 83 it can chose to do so. 10Recycled waterline for Lot 85 is missing. It was conditioned for the project. N/ARecycled water was conditioned for the development "where feasible". During plan development, the Utilities Department determined that it was not feasible to provide recycled water to Lot 85. As a result, the final project documents did not include construction of a recycled water line for irrigation of Lot 85. Staff has verified that what is installed is consistent with project plans.11Some paver pathways are sliding/failing. N/AStaff inspected the paver pathways in private open space areas at time of construction and deemed them complete. Staff also performed several site visits in Winter 2025. One area of paver separation was discovered in the Phase 3 area of Lot 83 but the seperation is within acceptable tollerances to meet ADA guidelines and appears to have been caused by gopher activity. Staff also confirmed with HOA board members that prior localized repairs to the paver areas were performed by the Developer previously. It is recommended that the HOA monitor the 6-10 pavers in question at the one location where minor seperation is present and add filler between pavers as needed. 12There is a water (irrigation) leakHOAThis complaint did not specify the location of the leak. If the leak is found in Phase 1 or 2 open space areas, the leak would be the responsibility of the HOA to repair. If the leak is on private property, the leak would be the responsibility of the home owner. Staff did not observe a leak during site visits in Winter 2025. 13Lot 85 was not completely planted. There is concern that up to 50% of the planted landscaping has died. DeveloperPer Public Works inspection, the landscaping was deemed complete on 2/22/2024. The landscaping plan for Lot 85 was modified due to concerns for plant/tree viability in the drainage channel after similar failures in Lots 82 and 83 during wet winters. As a result, the lower portion of Lot 85 was modified to keep naturally occuring landscaping in place. The upper portion of Lot 85 was landscaped. City staff worked with the developer to replace dead plants and trees in need of replacement in the upper area of Lot 85. This work was completed on March 31, 2025.14There are trees that appear dead in the Phase 3 area of Lot 85 which should be evaluated.DeveloperThe City's Arborist performed a site visit on 2/19/2025 to evaluate the trees in Lot 85. It was determined that most trees in Lot 85 were wintering and would recover in the spring but some trees needed to be replaced due to declining conditions. The Developer was asked to replace these trees and replaced two trees in the upper portion of Lot 85 on March 31, 2025. 15Landscape plans require a minimum of 3-inch of bark in all planting areas - this applies to Lot 85HOALandscaping of Lot 85 was deemed complete by inspectors on 2/22/2024 including bark in areas where erosion of bark was not a concern (upper portion of Lot 85). Staff has conducted site visits to confirm that bark is still present in Lot 85. The bark that is present matches the landscaping plan. If additional bark is desired after certification of completion by the Council, the owner of the lot (the HOA) can elect to install as part of ongoing maintenance but bark is not recommended in the lower portion of Lot 85 due to erosion/wash out concerns of the bark during rain events.16Many of the emitters for drip irrigation lines are without lines directed to the plantsHOAPer Public Works inspection, the landscaping was signed off as complete on 2/22/2024. Page 152 of 243
17The Developer delayed construction of Lot 85 and has neglected maintenanceN/AThe Developer was approved to construct Lot 85 improvements (originally part of Phase 2) in conjunction with construction of the Phase 3 work to avoid safety issues associated with having the multi-use path lead to a construction zone during construction of Phase 3. The Developer has paid for maintenance including weeding, debris cleaning, and gopher and roden remediation since the improvements were deemed complete by inspection staff on 2/22/2024.18Will Lot 85 become HOA responsibility to maintain once the improvements are "accepted"?HOAYes, certification that the private improvments in Lot 85 have been constructed will transfer maintenance responsibility of the improvements to the HOA. It is City staff's understanding that the HOA has been collecting dues for maintenance of this area already. 19Lot 85 was mislabelled as Lot 72 on part of the recorded tract map.DeveloperThis concern is unrelated to the acceptance of the improvements for Phase 3. A certificate of correction was prepared by the Developer and submitted to the City. It was recorded on March 12, 2025. 20There should be fences on the sides of the multi-use paths near the top. There is concern of people on bikes going too fast and falling off the path into the drainage area. N/A or HOAThe improvements are constructed per the approved plans. Per Section 3.1.13 (A) of City Standard Plan 1010, multi-use paths must have a 2-foot shoulder. The paths in the priavte open space lots meet this requirement. The HOA can elect to install additional fencing if desired. 21There are no wheel stops for the parking stalls in the private drive lanes. There should be.N/A or HOAPer City Standard Plan 2260, wheel stops shall be installed at locations where wheeled vehicles may roll into pedestrian, structures, or hazardous areas. The parking spaces in the private drive lanes generally lead to landscaping, which does not meet this definition. Municipal Code Section 12.38.050 indicates that wheel stops are required when a parking stall leads to landscaping which is slightly different than the requriements of Engineering Standard 2260. Ultimately, wheel stops were not required on the approved project plans and the parking stalls on private drive lanes were built per the approved plans. Code Compliance has contacted the HOA about the wheel stop issue at the request of residents who live within the neighborhood. The HOA should work with property owners and Code Compliance to continue to address this issue seperately from the acceptance of Phase 3 improvements as the private drive lane parking stalls are built per plan. The City is also in the process of correcting this inconsistency in the requirements between Engineering Standard 2260 and Municipal Code Section 12.38.050 as part of the upcoming 2025 Engineering Standards Update.22The current fire lane signs do not meet City standardsHOAThe current signs were installed in coordination with the HOA board at the time. Fire lane signage is not required for any private drive lanes that the Fire department does not consider a fire lane. The Fire Department staff has confirmed that Tresana, Lucca, and Livorno are fire lanes due to hose pole lengths. Those three courts should have the signage at the entrances replaced with the correct signs and either additional red curbing throughout the fire lane or additional fire lane signage every 150-feet. For all other private courts, fire lane signage can be removed as the private lanes are not fire lanes and the HOA should work to erect the correct signage for "no parking" enforcement on these private drive lanes. 23There is one Fire Lane/No Parking sign missing at the private drive lane entrance near 3044 ArezzoHOAA fire lane sign is not required for this private drive lane as it is not a fire lane per the Fire Department. The HOA has expressed interest in removing all fire lane signage that is not required. The HOA can work to replace this sign with an appropriate "no parking" sign to enforce parking restrictions on the private drive lane.1Houses were approved as solar ready but it has not been possible to obtain a copy of the approved architectural plans for the house which leads to additional cost for property owners when looking to install solar on their home. Home OwnersThis concern is unrelated to the acceptance of the improvements for Phase 3. This concern has been forwarded to the Building division to discuss with the property owner to assist them in obtaining the needed information to install solar panels on their home in an efficient way. 2Some of the 4-inch drainage pipe on the plans was constructed with 3-inch drainage pipe.Home OwnersThis concern is unrelated to the acceptance of the improvements for Phase 3. This concern has been forwarded to the Building division to discuss with the property owner.(C) Private PropertyPage 153 of 243
3Bioswale maintenance in front of 3086, 3011, 3013, 3017, and 3098 Arezzo is substandard.Home Owners/HOAPer the CC&Rs, some bioswales are HOA responsibility to maintain while others are home-owner responsibility to maintain. City Code Compliance has contacted home-owners to notify them of their responsibility to maintain the bioswale that fronts their property. HOA can work with property owners to address this issue.4Other bioswales in Phase 1 and 2 areas are worse.Home Owners/HOAThis concern is unrelated to the acceptance of the improvements for Phase 3. The City Code Enforcement has contacted home-owners to notify them of their responsibility to maintain the bioswales. The HOA can and should work with property owners to educate property owners about maintenance best practices.5Onsite waterlines (irrigation) are not deep enough at 3077 Arezzo and other Phase 3 houses.Home OwnersThis concern is unrelated to the acceptance of the improvements for Phase 3. Home owners can chose to lower irrigation lines on their property if desired. The Community Development Department (Building division) contacted this property owner to discuss this issue and to provide suggestions as to how to protect the irrigation lines from damage and discuss concerns regarding construction of the lines. 6Onsite waterlines (irrigation) are not deep enough at 3084 Arezzo and other Phase 3 houses.Home OwnersThis concern is unrelated to the acceptance of the improvements for Phase 3. Home owners can chose to lower irrigation lines on their property if desired. The Community Development Department (Building division) can also work with property owners to provide suggestions as to how to protect the irrigation lines from damage and discuss concerns regarding construction of the lines. 1The no parking requirement on private drive lanes should be enforced. HOAThe HOA should work to enforce no parking on private drive lanes per the requirements of the CC&Rs once the HOA installs the correct "no parking" signage on private drive lanes (per other answers in this document).2Some home owners are not doing their part. City should work with HOA to enforce what needs to be done. HOAThis concern is unrelated to the acceptance of the improvements for Phase 3. HOA and City Code Compliance can work together, as appropriate, to enforce City codes and/or requirements of the CC&Rs. (D) Code Compliance/HOA Enforcement IssuesPage 154 of 243
Item 5i
Department: Parks and Recreation
Cost Center: 9501
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks & Recreation Director
Prepared By: Meghan Tolley, Recreation Manager
SUBJECT: AUTHORIZE COMMUNITY PARTNERSHIP AGREEMENT WITH SAN
LUIS OBISPO MUSEUM OF ART FOR 2025-2027
RECOMMENDATION
Authorize the Mayor to execute a two-year Community Partnership Agreement with the San Luis
Obispo Museum of Art for installation of several public art projects each year, in substantially the
same form as Attachment A and as approved by the City Attorney.
POLICY CONTEXT
The recommended actions are in accordance with the City’s Major City Goal (MCG) of “Economic
Resiliency, Cultural Vitality and Fiscal Sustainability.” The Arts and Cultural District concept (MCG
Strategy 1.4) is also one of the hallmarks of the Downtown Concept Plan and in furtherance of
the City’s long-standing Public Art Program. Specifically, the City will continue to work with
community partners to ensure cultural vitality of the City and the City will continue to execute the
Public Art Master Plan.
The Public Art Master Plan of 2016 identified “Explore Different Staffing and Community
Partnership Models” as Goal 5, with Goal 5.2 recommending that staff “Explore community
partnerships for shared resources and programming.”
DISCUSSION
Background
The City of San Luis Obispo enjoys a long-standing public / private partnership with the San Luis
Obispo Museum of Art (SLOMA) that stretches back over 50 years. While the relationship and
nature of the partnership has supported a wide variety of activities and initiatives in support of the
visual arts, a core element has been the City’s lease of a portion of real property at the corner of
Monterey Street and Broad Street tangent to Mission Plaza where the museum facility itself is
located.
In 2021, the City expanded its partnership with SLOMA to include a Community Partnership
Agreement (Attachment B) for the purpose of building capacity and expertise in the administration
of the City’s Public Art program over the course of a two-year term. Identified projects included:
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1) Downtown Public Art Installations, 2) Roundabout Public Art Installations, and 3) Neighborhood
Greenway Installations and that Agreement expired on July 21, 2023.
Over the original two-year Community Partnership Agreement period, July 2021 – July 2023,
SLOMA assisted with five installations: Maria Molteni’s Seven Sisters mural installed in November
2021, Anila Agha’s The Greys in Between sculpture installed at the Tank Farm Roundabout in
October 2022, and three rotating sculptures on the Mission Plaza Lawn. Each of these
installations enhanced the partnership between the City and SLOMA as well as increased
community and visitor awareness to the museum and the City’s public art program. At the time of
writing this report, the acceptance of a gift sculpture, location identification and installation process
has been initiated.
On May 19, 2023, SLOMA provided a proposal to the City to continue the agreement for an annual
fee of $100,000. This agreement (Attachment C) was approved by Council on July 11, 2023 for
another two-year period, with identified enhancements for SLOMA to undertake to benefit the
City’s Public Art Program and which included: 1) One Roundabout Art piece per year, 2) Rotating
installation on the Mission Plaza lawn, and 3) Additional place making installation with all projects
totaling up to $400,000 per year and with the Agreement set to expire on June 30, 2025. This
Agreement also included modifications to 2021 Agreement to streamline the process.
During the current 2023-2025 two-year partnership agreement period, July 2023 to present (May
2025), SLOMA has met their commitments with three art installations: two temporary sculpture
installations on the Mission Plaza lawn and the placemaking temporary art installation at Garden
Street Alley. In addition, progress has continued towards the installation of a permanent
installation of the sculpture “Shift” by local artist Warren Hamrick. The installation of this project
remains on hold while the City and the property owner of the intended installation site finalize
contractual obligations related to the San Luis Ranch development. Clearance for installation is
anticipated to occur during the first quarter of this new agreement period and costs have been
accounted for within the 2025-27 funds.
On May 8, 2025, City staff received an updated proposal from SLOMA for a third two -year
Agreement (Attachment D) requesting $100,000 to be paid to SLOMA annually. Based on a
successful prior two-year period, the Draft Agreement (Attachment A) is being proposed with
limited amendments. The Agreement identifies the following potential work projects on behalf of
the City, not to exceed a total of $400,000 over the two-year period:
1) Continue with the installation of “Shift”, by Warren Hamrick, to be placed in the San
Luis Ranch neighborhood (Froom Ranch Road and Heirloom).
2) Contract and install a permanent installation at the soon to be developed Righetti
Community Park by a local artist.
3) Upon completion of the Mission Plaza Café and Restroom renovation, contract for a
temporary sculpture on the Mission Plaza lawn and to remain on site through June of
2027.
4) Installation of an “ephemeral” piece to be installed within the City limits on a temporary
basis.
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Current Role of City Departments
As the Draft Agreement highlights, SLOMA will support one part of the overall City public art
program. In addition to SLOMA’s activities, City staff will continue to support the public art
program in a variety of ways, as outlined in Attachment A, section 4.A.i-xvii, including:
1. The Recreation Manager will continue to serve as a liaison to SLOMA, and manage
all other sectors of the public art program, with support from the City’s Public Art
Coordinator, including, but not limited to:
a. infrastructure management, maintenance and care of the City’s collection,
b. coordination of private and voluntary art installations,
c. coordination of local park activation through the arts
d. installation of temporary art projects,
e. Utility Box program,
f. advocacy and outreach,
g. and recreational programming.
2. In addition to the Recreation Manager and Public Art Coordinator, the Volunteer
Coordinator will assist with volunteer recruitment for maintenance.
3. Public Works staff continue to maintain shared facility spaces, including the Mission
Plaza lawn, manage maintenance when resources allow and provide guidance for
installations.
4. The Community Development Department (CDD) team will continue to work with staff
on private installations and support SLOMA with the necessary permitting for
installations impacting traffic or requiring final inspection.
5. The City’s Tourism team will continue to cross-promote art and provide outreach
opportunities through the PCC. Finally, the Communications team conducts marketing
and promotions of the joint installations, as well as the City’s art pieces.
In summary, the City’s public art program is multifaceted and far-reaching. Its success in
delivering an inclusive, engaging, and dynamic arts experience is made possible through close
collaboration among City departments and our valued partner, SLOMA.
Previous Council or Advisory Body Action
On February 20, 1967, the City Council adopted Resolution No. 367 (1967 Series) in order to
allow for the lease of a portion of Mission Plaza to be used for the purposes of operating a museum
structure addressed at 1010 Broad Street within a defined premises that is further identified in
that 1967 Lease Agreement.
On February 18, 2010, the City entered into an updated Lease Agreement with SLOMA (formerly
the San Luis Obispo Art Center and prior to that the San Luis Obispo Art Association) to include
terms and provisions to extend the lease term until 2065, specify operational hours and
procedures, and construct a new facility on the premises on or before 2025.
On July 20, 2021, Council approved a two-year Community Partnership Agreement with SLOMA.
On July 11, 2023, Council approved a second two-year Community Partnership Agreement with
SLOMA.
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Public Engagement
Public comment on the item can be provided to the City Council through written correspondence
prior to the meeting and through public testimony at the meeting.
CONCURRENCE
The City Attorney’s Office, the City’s Risk Manager, and the City’s Finance team have reviewed
the relevant legal documents associated with the Community Partnership Agreement with SLOMA
and have concluded that there are no barriers to the recommendations stated herein. The
Executive Director of SLOMA has reviewed and supported the draft agreement.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report,
because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2025-26
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Total
Budget
Available
2025-27
Financial
Plan
(Year 1)
2025-27
Financial
Plan
(Year 2)
Current
Funding
Request
(2 years)
Remaining
Balance
Annual
Ongoing
Cost
CIP – Public Art
Private Sector
Fund (LRM)
(Account No.
2000503)
$31,024 $110,000 $210,000 $200,000 $151,024
CIP – Public Art
Private Sector
Fund (Account No.
2000503)
$232,583 $232,583
CIP – Public Art
Private Sector
Fund (LRM)
(Account No.
2000510)
$177,690 $100,000 $100,000 $200,000 $177,690
CIP – Public Art
Private Sector
Fund (Account No.
2000510)
$60,619 $60,619
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Item 5i
Funding Sources Total
Budget
Available
2025-27
Financial
Plan
(Year 1)
2025-27
Financial
Plan
(Year 2)
Current
Funding
Request
(2 years)
Remaining
Balance
Annual
Ongoing
Cost
CIP – Capital
Outlay Fund (LRM)
(Account No.
2000510)
$8,034 $8,034
Other:
Total $509,949 $210,000 $310,000 $400,000 $629,949 N/A
The proposed Community Partnership Agreement provides $100,000 annually ($200,000 total
over the two-year term) to the San Luis Obispo Museum of Art (SLOMA) to support the general
duties and obligations outlined in the agreement. Additionally, the City will provide up to $200,000
annually ($400,000 total over two years) for the acquisition, installation, and maintenance of at
least three public art projects, as described in the agreement.
The agreement and projects will be funded through a combination of existing Public Art Fund
balances and new appropriations included in the 2025–27 Capital Improvement Program (CIP).
The 2025–27 CIP, slated for adoption by City Council on June 17, 2025, allocates $110,000 in
FY 2025–26 and $210,000 in FY 2026–27 to the Public Art Installations account (Project
#2000503), along with $100,000 in each year for the Annual Public Art Maintenance account
(Project #2000510). The Public Art Fund is supported by both impact fees collected from new
development and contributions from the General Fund, consistent with the City’s ongoing
investment in capital projects that enhance community spaces through public art.
ALTERNATIVES
1. Do not renew the community partnership agreement with the San Luis Obispo
Museum of Art. Council has identified support of cultural arts and community partnerships
and implementation of the public art master plan as part of the city’s major city goal
strategies in support of the 2025-2027 financial plan. Non-renewal would require City staff to
halt or delay current Public Art work projects to address the above outlined items.
2. Do not accept the proposal from SLOMA and require an RFP to select a community
partner. The prior community partnership agreement terms have been successful and have
provided momentum for future expansion of the partnership to continue art installations in a
more efficient manner. SLOMA is uniquely qualified to provide these services due to its
intimate knowledge of art, unique connection to the arts community and its long experience
producing and providing cultural art exhibits for the benefit of the community.
ATTACHMENTS
A - Draft Community Partnership Agreement, 2025-2027
B - Signed Community Partnership Agreement, 2021-2023
C - Signed Community Partnership Agreement, 2023-2025
D - SLOMA proposal for partnership, May 2025
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN
LUIS OBISPO MUSEUM OF ART FOR USE OF CITY PROPERTY
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COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
MUSEUM OF ART FOR PUBLIC ART PROFESSIONAL SERVICES
This community partnership agreement ("Agreement") is made and entered into in the City of San Luis Obispo on
July 1, 2025 by and between the City of San Luis Obispo, a municipal corporation and charter city, hereinafter
referred to as "City", and San Luis Obispo Museum of Art, hereinafter referred to as "SLOMA".
WITNESSETH:
WHEREAS, the City is the legal owner of the property located at 1010 Broad Street in the City of San Luis
Obispo as shown on Exhibit A; and
WHEREAS, SLOMA currently leases certain premises from the City located at 1010 Broad Street (the
“Leased Premises”), which constitutes a portion of certain real property owned by the City within City limits,
collectively known as Mission Plaza and identified as San Luis Obispo County Assessor Parcel No. 002-423-006. In
furtherance of CITY and SLOMA’s common goals and objectives for public art and education, as described herein,
CITY also desires to allow for reserved and permitted (at no cost) use by SLOMA of the “Mission Plaza lawn area”
located immediately to the northeast of SLOMA’s existing leased Premises as shown on Exhibit A attached to this
Agreement; and
WHEREAS, the City desires to maintain a mutually beneficial relationship with SLOMA as a way to continue
to enhance the sense of community through public art for the residents of San Luis Obispo; and
WHEREAS, consistent with adopted City planning documents, including the Downtown Concept Plan,
current Major City Goals that focus on economic vitality and tourism serving objectives, the City desires to create
a cultural arts district adjacent to the Mission Plaza and anchored by the Museum of Art (as well as by the Natural
History Center, Children’s Museum, and forthcoming SLOREP); and
WHEREAS, the City Council established and funded a public art program in 1990 (Resolution No. 6811
(1990 Series)); and
WHEREAS, SLOMA is uniquely qualified to provide the public art services contemplated under this
Agreement due to its intimate knowledge of art, unique connection to the arts community, and its long experience
producing and providing cultural art exhibits for the benefit of the community.
WHEREAS, SLOMA is situated to provide technical expertise, artists relationships, project management,
communications, and engagement leadership through the acquisition of public art pieces and/or the activation of
public spaces through the integration of public art and/or the acquisition of signature art pieces. SLOMA desires
to continue to activate the Mission Plaza lawn and outdoor space through installations, art activities, and
educational opportunities; enhancing the City’s cultural arts district; and
WHEREAS, the City Council recognizes that public art is fundamentally different from most other types of
public works in that when selecting public art, the CITY is looking for an individual expression or unique idea, which
makes sole-source selection and acquisition of completed pieces appropriate means of acquiring public art; and
WHEREAS, to ensure an efficient acquisition process, the City Council has delegated to the City Manager
the authority to approve acquisition of public art pieces by SLOMA under this Agreement; and
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WHEREAS, the CITY and SLOMA desire to continue to encourage public art that respects the community’s
past and embraces the future in a collaborative, diverse, and equitable fashion; and
WHEREAS, the CITY desires to maintain a mutually beneficial relationship between the CITY and SLOMA
as a way to continue to enhance the sense of place and community for residents through the proliferation of
public art and education thereof; and
WHEREAS, City staff will continue to focus directly on the other equally valuable components of the City’s
Public Art program, including support of the local art community, activation of space through art programming
and installation, infrastructure maintenance, communications and outreach, policy development and guidance,
and support of private development art installation; and
WHEREAS, the CITY has determined that partnerships with community organizations to provide shared
services to the community are of great benefit and SLOMA has provided a proposal to the City expressing a desire
to support public art installations to mutually benefit both agencies.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,
the parties hereto agree as follows:
1. TERM OF AGREEMENT The term of this Agreement shall be for two (2) years commencing on July 1, 2025, and
terminating on June 30, 2027
2. FINANCIAL MANAGEMENT. The CITY and SLOMA agree to a series of terms as outlined below.
2.1. The CITY shall compensate SLOMA $100,000 annually, for a total of $200,000, during the term of this
Agreement for the general services it provides under the terms of this agreement.
2.1.a. SLOMA shall invoice the CITY on a biannual basis (for $50,000 each half-year) for this service by no
later than July 1 and January 1 each year of this Agreement.
2.1.b. The CITY shall remit payment to SLOMA within thirty (30) days from the date of receipt by CITY of
its biannual invoice for general community art services from SLOMA.
2.2. SLOMA shall make a minimum of three different art acquisitions per year on behalf of the CITY, as defined
below. CITY shall pay for purchase or lease of public art pieces facilitated by SLOMA on the City’s behalf
under the terms of this agreement. For the length of this agreement said costs shall not to exceed
$200,000 annually which has been budgeted for the purpose of SLOMA’s facilitated acquisition of three
different types of art as follows:
Acquisitions and Installation of Art on Behalf of the City by
SLOMA for each year
MAXIMUM ANNUAL CITY FUNDED
BUDGET
(1) Completion of permanent sculpture art
installation of “Shift”, already owned by the City
Up to $40,000 for cost of installation
(sculpture already purchased for the price
of $10,000)
(1) Temporary installation on the Mission Plaza Lawn,
to be installed upon completion of Plaza
restoration. Includes management of
maintenance of temporary piece.
Up to $75,000 for cost of installation and
deaccession of the piece for an
approximate 18-month term.
(1) Permanent sculpture to be installed at Righetti
Community Park. Agreed upon location by City
and SLOMA.
Up to $200,000 for purchase and
installation of the piece.
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(1) Additional space maker installation on agreed
upon location within the City – one or more per
year
Up to $75,000 for cost of installation and
deaccession of the piece
Management of maintenance for and
deinstallation of temporary art at Garden Street
Alley.
Up to $10,000 for maintenance and
deaccession of the piece
Table 1.0: Installation Funded Amounts
2.2.a. PURCHASE OR LEASE OF ART: The CITY will purchase or lease the art directly from the artist. SLOMA
will coordinate payment and contract signing between CITY and artist, in a form provided by the
CITY. The City will pay a 40% deposit at time of contract execution and the remaining due at time
of completion.
2.2.b. INSTALLATION COSTS: As part of this Community Agreement, SLOMA is responsible for the
installation of the art and managing costs associated with the installation. SLOMA will provide a
separate estimate to the CITY for each of the different installation costs. The City will pay SLOMA a
40% towards the costs of installation at time of contract execution and the remaining due at time of
completion. The CITY will reimburse SLOMA for installation costs up to the approved estimated
amount once an invoice is provided. For reimbursement, qualifying expenses shall be recorded in
addition to the invoice SLOMA provides the CITY.
2.2.b.1. Qualifying expenses are defined as costs directly associated with the installation of the
art. Qualifying expenses do not include upgrades to shared space, marketing or private
photography costs, travel expenses without prior approval, personal gifts, meals, or gratuities.
2.2.b.2. Expenses will be reimbursed up to the amount predetermined by City Council and budget
direction and confirmed by Recreation Manager prior to purchase. Costs that exceed this cost
must be preapproved by City staff through written correspondence.
2.2.b.3. Costs for purchase and or lease of art plus the installation shall not exceed the original
quote and shall remain under the amount outlined in Table 1.0.
2.2.c. For each project, a contract, in a form approved by the CITY, will be completed between the CITY
and artist directly. SLOMA will act as liaison to ensure signatures are collected prior to payment or
services. The Agreement may need to be amended depending on the artist and art piece; in that
case, the Agreement will be modified with the advisement of the City Attorney’s Office.
2.2.d. Upon payment, the art becomes a part of the City’s collection (permanent or temporary) and all
rights belong to the CITY as outlined in agreement.
2.2.e. SLOMA may use public art for promotion and is expected to recognize the City as funder and
program manager.
3. CITY ROLES AND RESPONSIBILITIES. The City of San Luis Obispo Parks and Recreation Director may authorize
periodic modifications, within the scope of financial and/or operational authority, to the Roles and
Responsibilities as may deem necessary or appropriate to the partnership between the CITY and SLOMA. Any
amendments or modifications to the Roles and Responsibilities shall be in writing and may only be made with
the mutual written consent of both parties.
4. SCOPE OF SERVICES
Both parties agree to collaborate on the public art program projects as outlined in the obligations below.
A. CITY OBLIGATIONS
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i. The CITY will provide access and guidance to SLOMA relative to the CITY’s Public Art Policies
and Procedures Manual.
ii. The CITY will continue to manage the Utility Box Art Program.
iii. The CITY will continue to address maintenance needs of the public art program for the current
collection of artwork, including permanent artwork installed though the SLOMA/City
partnership.
iv. The CITY will continue to manage the private development public art program.
v. The CITY will set monthly reoccurring meetings with SLOMA Staff during the two (2) year term.
vi. In accordance with paragraph 2 of this Agreement, the CITY shall remit quarterly payments to
SLOMA during the two (2) year term of this Agreement.
vii. The CITY will work with SLOMA regarding payment process to selected Artists as outlined in
this Agreement under “Financial Management.”
viii. The City will continue to hold and manage the Public Art Fund in its sole discretion.
ix. The City will continue to communicate purchasing limits, which include installation, purchase
or lease of art, and maintenance costs, prior to onset of each project to SLOMA.
x. Contracts for purchase or lease of art will be signed directly between the City and the artist.
xi. The City will provide direction regarding priority locations for art installations.
xii. City Public Works staff will continue to work with SLOMA regarding installation of art in public
spaces, as appropriate and necessary for the nature of each project and in accordance with
the CITY’S Public Art policy and the terms of this Agreement.
xiii. City Community Development staff will continue to work with SLOMA to support permitting
necessary for installations.
xiv. City Communications staff will continue to promote art installations, joint projects, and the
public art program, highlighting SLOMA as valued partners.
xv. City Tourism staff will continue to promote Public Art through social media marketing and
tourism outreach.
xvi. City staff will continue to notify SLOMA of Mission Plaza and street closures that may impact
the Museum prior to non-emergency planned closures. City staff will continue to activate and
draw visitors to the Mission Plaza through beautification, outreach, special event permitting
and space activation. Staff will provide a quarterly schedule of events to SLOMA.
xvii. City staff will continue to maintain the Mission Plaza Park, restrooms, lighting, and all spaces
where Public Art is installed under the terms of this agreement.
B. SLOMA OBLIGATIONS
i. SLOMA will provide coordination of public art for the CITY during the two-year term of this
Agreement. Projects shall include the items outlined above under 2.2 and are subject to City
approval and available funds.
1. .
ii. SLOMA will work with City staff to define a proposed and maximum budget to be spent on
each of these projects, including ongoing costs of maintenance. Should the costs for
installation exceed the budgeted costs, SLOMA will be responsible for communicating these
differences to the CITY prior to exceeding the balance or committing a difference of
compensation to vendors. If funds are not available nor approved, SLOMA will have the option
to supplement the costs and will be responsible for paying the difference.
a. City fees will only be used to pay for acquisition and/or installation of art
b. Reimbursement for art acquisition and/or installation requires SLOMA to
submit a receipt of art and/or installation as outlined under the Agreement
“Financial Management” section.
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c. For each installation, SLOMA will provide an invoice to define terms of what
expenses will be necessitated prior to, during and after the installation.
d. Costs of travel for staff or artists is not reimbursable without prior approval
as outlined in proposal.
e. In the event travel expenses will be reimbursed, City will pay hotel rates as
recommended in the US General Services Administration and a per diem as
outlined by City policy.
f. City fees may not be used pay for: alcohol, meals, personal gifts, travel costs
in excess of what was guaranteed in proposal.
iii. SLOMA will Acquire or facilitate temporary acquisition of art on behalf of the City.
a. SLOMA will serve as liaison to ensure artist signs and completes a contract with the
City, in a form approved by the CITY, and provides all documents to the CITY.
b. SLOMA will recognize the City as owner/lessor of the art in all communications
regarding the art.
c. The agreement in place will be made directly between the City and the artist. Any
agreement that SLOMA makes directly with the artist shall not interfere with the
completion of the City’s contract.
d. The City will retain permanent physical ownership of a piece or temporary ownership
of a piece and all decisions regarding these pieces shall be made directly with the
Recreation Manager.
e. SLOMA will provide the City with signed Statement of Authenticity from the artist or
a receipt from the artist, as needed.,
iv. The following criteria and considerations shall guide SLOMA’s process for selecting art on
behalf of the City:
a. SLOMA shall, in their expert discretion, pursue negotiations with artists who are
nationally or internationally renowned.
b. SLOMA shall pursue art pieces that:
i. Are durable, can withstand the elements and exposure to public spaces, and are
resistant to vandalism
ii. Can reasonably be maintained by the City after conveyance to the City
iii. Enhance the sense of place in the City
iv. Encourage observers to understand each other and the world around them
v. SLOMA shall follow the following process for selecting and acquiring art:
1. City staff to discuss priority areas with SLOMA or SLOMA to share ideas with City
staff (Recreation Manager)
2. SLOMA to contact Public Works City staff to discuss challenges, obstacles, or
necessities of installation in the public space;
3. SLOMA to present potential art piece and location to an ad hoc group that has
been preapproved by City staff (to include a variety of input including neighbors
to the installation location, any adjacent businesses, local artists, DEI
representative, and City staff)
4. SLOMA shall assist City staff in the preparation of a Sole Source justification
memo to be provided to the City Manager through a City Manager Report.
vi. In managing the installation of selected public art, SLOMA shall:
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1. Provide a timeline for completing the steps above and communicate changes to
the Recreation Manager
2. Serve as Public Art project liaison between selected Artists and CITY.
3. Secure planning/building permits, as may be required, and works with artist to
fabricate artwork.
4. Communicate with City Public Works for all work on the Mission Plaza lawn.
5. Repair any damage to City property during installation.
6. Coordinate with CITY payment schedule to selected Artist.
7. Coordinate and oversee the installation of the approved artwork.
vii. All marketing involving artwork paid for by the City will be tagged to the City and City will be
given full credit of ownership.
viii. Ribbon Cuttings will be coordinated by SLOMA after working with City staff to coordinate
available dates. The City will be invited to present at each ribbon cutting.
ix. Promotions shall be approved by City staff, including Communications Coordinator or staff
delegated thereby, prior to posting.
x. A sign for all art installations will be included in the cost of installation, shall follow City
Communications guidelines and shall be approved prior to printing.
xi. Continue to provide a monthly written update to the Recreation Manager in advance of
monthly meetings.
4.1. The CITY Recreation Manager, or staff delegated by Recreation Manager, and SLOMA Staff will meet
monthly during the two (2) year term of this Agreement to review the specific public art projects.
5. SHARED USE OF ADJACENT CITY PREMISES. In furtherance of CITY and SLOMA’s common goals and objectives
for public art and education, as described above, CITY also desires to allow SLOMA shared use of the lawn
area located immediately to the northeast of SLOMA’s existing leased Premises (the “Mission Plaza lawn area”
or the “Shared Use Area.” During the term of this Agreement, SLOMA shall be permitted to install public art
exhibits such as sculpture or other art mediums appropriate for an outdoor environment, as well as conduct
outdoor educational activities on the Shared Use Area at such times and on such conditions as approved by
the CITY. Installation of any such outdoor public art exhibits shall be subject to the Public Art Policies and
Procedures Manual, ensuring all planning and building permits are in place as may be required. Any
educational activities or events shall be subject to the standard terms and conditions that would otherwise
be applicable with a temporary special events permit issued by City’s Parks and Recreation Department. CITY
shall be responsible for normal and customary maintenance and upkeep of the Shared Use Area (e.g., mowing,
irrigation, etc.). SLOMA shall be responsible for maintenance, security, special insurance provisions, and any
and all costs whatsoever associated with activities and events that occur under the direction of SLOMA within
the Shared Use Area, and with the installation of outdoor art exhibits or sculpture that SLOMA may place
within the Shared Use Area. In the event that shared space is damaged during installation or an event in shared
space because of actions, or inactions, taken by SLOMA or their contractors, SLOMA will be responsible for
costs of repair in compliance with City standards and staff approval. Uses of the Shared Use Area other than
those contemplated in this Paragraph 5 are prohibited and shall be considered a breach of this Agreement.
6. LICENSES AND PERMITS. At all times during the term of this Agreement, SLOMA shall have in full force and
effect, all licenses required of it by law for the performance of the Services described in this Agreement.
SLOMA shall procure all permits and licenses, pay all charges and fees, and give all notices necessary under
this Agreement.
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7. COMPLIANCE WITH LAW. SLOMA shall keep itself informed of and shall observe and comply with all applicable State
and Federal laws and regulations, and county and City of San Luis Obispo ordinances, regulations and adopted codes,
which in any manner affect those employed by SLOMA or in any way affect the performance of the Services pursuant
to this Agreement. SLOMA shall not permit others to violate any applicable laws, regulations, or ordinances in, on,
or through the use of the Leased Premises or Shared Use Area. The City, and its officers and employees, shall not be
liable at law or in equity occasioned by failure of the SLOMA to comply with this Section. Failure to comply with local
ordinances may result in monetary fines and cancellation of this Agreement.
8. COMPLIANCE WITH INDUSTRY STANDARD. SLOMA shall provide services acceptable to City in strict conformance
with the Agreement. SLOMA shall also provide in accordance with the standards customarily called for under this
Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where
approval by the City, the City Manager, the Mayor, or other representative of City is required, it is understood to be
general approval only and does not relieve SLOMA of responsibility for complying with all applicable laws, codes,
policies, regulations, and good business practices.
9. INDEPENDENT COMMUNITY PARTNER.
9.1. SLOMA is and shall at all times remain as to the City a wholly independent community partner. The
personnel performing the Services under this Agreement on behalf of SLOMA shall at all times be under
SLOMA’s exclusive direction and control, except as set forth in this Agreement upon mutual acceptance
of the parties. Neither City nor any of its officers, employees, or agents shall have control over the conduct
of SLOMA or any of SLOMA’s officers, employees, or agents, except as set forth in this Agreement. SLOMA
shall not at any time or in any manner represent that it or any of its officers, employees, o r agents are in
any manner officers, employees, or agents of the City. SLOMA shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
9.2. No employee benefits shall be available to SLOMA in connection with the performance of this Agreement.
Except for the fees paid to SLOMA as provided in the Agreement, City shall not pay salaries, wages, or
other compensation to SLOMA for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to SLOMA for injury or sickness arising out of performing services
hereunder.
10. PRESERVATION OF CITY PROPERTY. SLOMA 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
SLOMA’s operations, it shall be replaced or restored at SLOMA’s expense. The City’s facilities shall be replaced
or restored to a condition as good as when the SLOMA began the work.
11. IMMIGRATION ACT OF 1986. SLOMA warrants on behalf of itself and all subconsultants engaged for the
performance of the Services that only persons authorized to work in the United States pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance
of the Services hereunder.
12. NON-DISCRIMINATION. In the performance of the Services, SLOMA agrees that it will not engage in, nor
permit such subconsultants 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.
13. INSPECTION. City shall at all times have the right to inspect the work being done under this Agreement and
SLOMA shall furnish City with every reasonable opportunity and assistance required for City to ascertain that
the Services of the SLOMA are being performed in accordance with the requirements and intentions of this
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Agreement. 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 SLOMA of any of its obligations under the Agreement.
14. RELEASE OF INFORMATION. All information gained by SLOMA in performance of this Agreement shall be considered
confidential and shall not be released by SLOMA without City's prior written authorization. SLOMA, its officers,
employees, agents, or subconsultants, shall not, without written authorization from the City Manager or unless
requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories, or other information concerning the work performed under this Agreement. Response
to a subpoena or court order shall not be considered "voluntary" provided SLOMA gives City notice of such court
order or subpoena.
SLOMA shall promptly notify City should SLOMA, its officers, employees, agents, or subconsultants be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions,
or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement,
unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless
SLOMA is prohibited by law from informing the City of such Discovery. City retains the right, but has no obligation, to
represent SLOMA and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a
party to the lawsuit, arbitration, or administrative proceeding and is averse to SLOMA in such proceeding, SLOMA agrees
to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by
SLOMA. However, City's right to review any such response does not imply or mean the right by City to control, direct, or
rewrite said response.
15. OWNERSHIP OF DOCUMENTS. SLOMA shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the performance of the Services under
this Agreement. SLOMA shall maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. SLOMA shall provide free access to the
representatives of City or its designees at reasonable times to such books and records; shall give City the right
to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as
necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3)
years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this Agreement, all original documents,
designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course
of providing the Services under this Agreement shall become the sole property of the City and may be used,
reused, or otherwise disposed of by the City without the permission of SLOMA. With respect to computer
files, SLOMA shall make available to the City, at the SLOMA’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring,
copying and/or printing computer files. SLOMA hereby grants to City all right, title, and interest, including any
copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and
other documents prepared by SLOMA in the course of providing the Services under this Agreement.
16. 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,
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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.
17. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), SLOMA 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 SLOMA’s performance or SLOMA’s failure to
perform its obligations under this Agreement or out of the operations conducted by SLOMA, including the
City’s passive negligence, except for such loss or damage arising from the sole or active 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 SLOMA’s performance of this Agreement, SLOMA 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. The City shall execute an agreement with each
subcontractor (ARTIST) which will include an Indemnification and Defense clause for the ARTIST’s
performance or failure to perform its obligations under the agreement.
18. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
18.1. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any
portion hereof, by serving upon SLOMA at least thirty (30) days prior written notice. Upon receipt of said notice,
SLOMA shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate
the remainder of this Agreement.
18.2. In the event this Agreement is terminated pursuant to this Section, the City shall pay to SLOMA the actual value
of the work performed up to the time of termination, provided that the work performed is of value to the City.
Upon termination of the Agreement pursuant to this Section, SLOMA will submit an invoice to the City
19. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines SLOMA is not faithfully
abiding by any term or condition contained herein, the City may notify SLOMA in writing of such defect or
failure to perform. This notice must give SLOMA a ten (10) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
19.1. If SLOMA has not performed the work or cured the deficiency within the ten (10) days specified in the
notice, such shall constitute a breach of the Agreement and the City may terminate the Agreement
immediately by written notice to SLOMA to said effect (“Notice of Termination”). Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the Agreement except to
comply with the obligations upon termination.
19.2. In said event, SLOMA 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 SLOMA as may be set forth in the Agreement payment schedule;
compensation for any other work or services performed or provided by SLOMA shall be based solely on
the City’s assessment of the value of the work-in-progress in completing the overall scope.
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19.3. The City reserves the right to delay 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 SLOMA be entitled to receive in excess of the not to exceed amount
shown in this Agreement.
20. INSURANCE SLOMA shall maintain prior to the beginning of and for the duration of this Agreement insurance
coverage as specified in Exhibit C attached to and made part of this Agreement.
21. SAFETY PROVISIONS. SLOMA shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
22. PUBLIC AND EMPLOYEE SAFETY. Whenever SLOMA 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.
23. UNDUE INFLUENCE. SLOMA declares and warrants that no undue influence or pressure was used against or in
concert with any officer or employee of the City in connection with the award, terms or implementation of this
Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the City has or will receive compensation, directly or indirectly, from SLOMA, or from any
officer, employee or agent of SLOMA, in connection with the award of this Agreement or any work to be conducted
as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City
to any and all remedies at law or in equity.
24.1 ASSIGNMENT. SLOMA 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. As required above, before retaining or contracting with
any subconsultant for any services under this Agreement, City must consent to such assignment of
performance in writing. For City to evaluate such proposed assignment, SLOMA shall provide City with the
identity of the proposed subconsultant, a copy of the proposed written contract between SLOMA and such
subconsultant, which shall include an indemnity provision similar to the one provided herein and identifying
City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that
such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a
written waiver from City for such insurance.
24. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and
shall be effective only upon approval by the appropriate review authority according to the City’s Financial
Management Manual. SLOMA shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth herein, unless such additional services are
authorized by the City in advance and in writing.
25. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be sent either by (i)
personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express,
which provides a receipt showing date and time of delivery, or (iii) United States Mail, certified, postage prepaid,
return receipt requested. All such notices shall be delivered to the addressee or addressed as set forth below:
To City: Parks and Recreation Department
City of San Luis Obispo
1341 Nipomo St.
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN
LUIS OBISPO MUSEUM OF ART FOR USE OF CITY PROPERTY
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San Luis Obispo, CA 93401
To SLOMA: San Luis Obispo Museum of Art
1010 Broad Street
San Luis Obispo, CA 93401
26. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis
Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction
and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and
obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of
the State of California, without giving effect to principles of conflicts of law.
27. AUTHORITY TO EXECUTE AGREEMENT. Both City and SLOMA do covenant that each individual executing
this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements
for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above
written.
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO MUSEUM OF ART
a municipal corporation and charter city
_________________________________ ______________________________
Whitney, McDonald, City Manager By: Leann Standish, Executive Director
Executive Director
APPROVED AS TO FORM: SAN LUIS OBISPO MUSEUM OF ART
_____________________________ ______________________________
J. Christine Dietrick, City Attorney By: Ermina Karim
Its: SLOMA Board President
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COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART
This COMMUNITY PARTNERSHIP AGREEMENT, hereinafter referred to as the
Agreement, is made and entered into in the City of San Luis Obispo on
_______________________________________ by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as CITY, and THE SAN LUIS
OBISPO MUSEUM OF ART, a California non-profit organization, hereinafter referred to
as SLOMA.
WITNESSETH:
WHEREAS, the CITY and SLOMA desire to continue to encourage public art that
respects our past and embraces the future in a collaborative fashion; and
WHEREAS, the CITY desires to maintain a mutually beneficial relationship
between the CITY and SLOMA as a way to continue to enhance the sense of place and
community for residents through the proliferation of public art and education thereof; and
WHEREAS, the CITY has determined that partnerships with community
organizations to provide shared services to the community are of great benefit and SLOMA
has expressed a willingness to continue these shared services, in partnership and in
cooperation with the CITY;
WHEREAS, SLOMA is uniquely qualified to provide the services contemplated
under this Agreement due to its intimate knowledge of art, unique connection to the arts
community, and its long experience producing and providing cultural art exhibits for the
benefit of the community.
WHEREAS, SLOMA currently leases certain premises from the City located at
1010 Broad Street, which constitutes a portion of certain real property owned by the City
within City limits, commonly known as Mission Plaza and identified as San Luis Obispo
County Assessor Parcel No. 002-423-006, as per Lease Agreement No. 1 and the 2010
Lease Agreement incorporated therein. In furtherance of CITY and SLOMA’s common
goals and objectives for public art and education, as described herein, CITY also desires to
allow for shared use by SLOMA of the lawn area located immediately to the northeast of
SLOMA’s existing leased Premises as shown on Exhibit A attached to this Agreement.
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 for two (2) years from July 21, 2021 to
July 21, 2023.
2. FINANCIAL MANAGEMENT. The CITY and SLOMA agree to a series of terms as
outlined below to share in the financial costs associated with public art.
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 2
2.1 PAYMENT TO SLOMA FOR PUBLIC ART SERVICES. The CITY shall
compensate SLOMA $60,000 annually, for a total of $120,000, during this the two-
year term of this Agreement.
A. SLOMA shall invoice the CITY once per year of this Agreement for these
costs by no later than August 1 each year of this Agreement.
B. The CITY shall remit payment to SLOMA within thirty (30) days from the
date of receipt by CITY of an invoice from SLOMA.
3. PUBLIC ART ROLES AND RESPONSIBILITIES. The City of San Luis Obispo
Parks and Recreation Director may authorize periodic modifications, within the scope
of his/her financial and/or operational authority, to the Roles and Responsibilities as
he/she may deem necessary or appropriate to the partnership between the CITY and
SLOMA. Any amendment or modifications to the Roles and Responsibilities shall be
in writing and may only be made with the mutual consent of both parties.
A. SCOPE OF SERVICES
i. Both parties agree to collaborate on the public art program projects as
outlined in the obligations set forth below.
ii. The CITY Public Art Manager and SLOMA staff will meet monthly
during the two (2) year term of this Agreement to review the specific
public art projects outlined in SLOMA obligations, including marketing
and promotion efforts.
B. CITY OBLIGATIONS
i. The CITY will provide access and training to SLOMA relative to the
City’s Public Art Policies and Procedures Manual.
ii. The CITY Public Art Manager will continue to manage the Utility Box
Art Program.
iii. The CITY Public Art Manager will continue to address maintenance
needs of the public art program for the current collection of artwork.
iv. The CITY Public Art Manager will continue to manage the private
development public art program.
v. The CITY Public Art Manager will set monthly reoccurring meetings
with SLOMA Staff during the two (2) year term.
vi. In accordance with paragraph 2 of this Agreement, the CITY shall remit
annual payments to SLOMA during the two (2) year term of this
Agreement.
vii. The CITY will work with SLOMA on payment to selected Artists upon
satisfactory completion of work and receipt of a request for payment;
through the Public Art Fund.
viii. The City will continue to hold and manage the Public Art Fund in its
sole discretion.
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 3
C. SLOMA OBLIGATIONS
i. SLOMA will provide all coordination of public art for the CITY during
the two-year term of this Agreement. Projects projects shall include:
a) Downtown Public Art Installations: This project focuses on
public art installations in the downtown and creative
placemaking public art, including murals and temporary public
art installations;
b) Roundabout Public Art Installations: This project is to initiate
planning for installation of public art within current or planned
City roundabouts.
c) “Anholm Neighborhood Greenway” Project: This project is to
focus on the Chorro Street underpass and concept plans for the
greenway. The final project and branding will be changing as
part of the final design.
ii. SLOMA public art project coordination process shall include the
following:
a) Coordinate and facilitate solicitation of the Request for Proposals
/ Call for Artists for each project.
b) Appoint art jury for each project; coordinate and facilitate jury
process.
c) Serve as Public Art project liaison between selected Artists and
CITY.
d) Final coordination of project approvals through CITY Advisory
Bodies and CITY COUNCIL, as may be required.
e) Secure planning/building permits, as may be required, and works
with artist to fabricate artwork.
f) Coordinate with CITY payment schedule to selected Artist.
g) Install approved artwork.
iii. SLOMA will provide project updates each month during CITY and
SLOMA monthly meetings.
4. SHARED USE OF ADJACENT CITY PREMISES. In furtherance of CITY and
SLOMA’s common goals and objectives for public art and education, as described
above, CITY also desires to allow SLOMA shared use of the lawn area located
immediately to the northeast of SLOMA’s existing leased Premises as shown on
Exhibit A which is attached hereto and is incorporated herein by reference (the “Shared
Use Area”). During the term of this Agreement, SLOMA shall be permitted to install
public art exhibits such as sculpture or other art mediums appropriate for an outdoor
environment, as well as conduct outdoor educational activities, on the Shared Use Area
at such times and on such conditions as approved by the CITY. Any such outdoor
public art exhibits shall be subject to the Public Art Policies and Procedures Manual,
including the applicable obligations described in paragraph 3(C)(ii), above, including
conducting the public art jury process and ensuring all planning and building permits
are in place as may be required. Any educational activities or events shall be subject
to the standard terms and conditions that would otherwise be applicable with a
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 4
temporary special events permit issued by City’s Parks and Recreation Department.
CITY shall be responsible for normal and customary maintenance and upkeep of the
Shared Use Area (e.g. mowing, irrigation, etc.). SLOMA shall be responsible for
maintenance, security, special insurance provisions, and any and all costs whatsoever
associated with activities and events that occur under the direction of SLOMA within
the Shared Use Area, and with the installation of outdoor art exhibits or sculpture that
SLOMA may place within the Shared Use Area.
5. 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.
6. AGREEMENT TERMINATION. Either party may terminate this Agreement for
convenience provided that thirty (30) days written notice is given to the other party.
The Agreement may be terminated by either party for cause, provided that written
notice has been given to the other party, stating the reasons for the intended termination
and providing the other party with at least ten (10) days to cure any alleged breach. If
the party receiving notice fails or refuses to cure the alleged breach within ten (10) days
or such longer period as is specified within the written notice, or to make substantial
progress toward cure to the satisfaction of the party demanding cure, this Agreement
may be terminated thirty (30) days after receipt of the notice as specified herein.
7. AGREEMENT AMENDMENTS. Any amendment, modification or variation from
the terms of this Agreement shall be presented in writing by the City’s Parks and
Recreation Director and SLOMA Executive Director to the City Manager or his/her
designee and shall be effective only upon final approval by the City Manager or his/her
designee.
8. INSURANCE AND LIABILITY. SLOMA’s insurance and liability requirements
shall be the same as per Lease Agreement No. 1 and the 2010 Lease Agreement,
incorporated therein, as shown under Paragraph 20.
9. HOLD HARMLESS AND INDEMNIFICATION. SLOMA shall defend,
indemnify, and hold the CITY and its elected officials, officers, employees and free
and harmless from and against any and all claims asserted or liability established for
damages or injuries to any person or property, including injury to CITY employees,
agents, officers or volunteers, which arise from or are connected with or are caused or
claimed to be caused by any acts or omissions of SLOMA, and/or its agents, officers,
employees or volunteers, in performing its responsibilities hereunder, including all
expenses of investigating and defending against same; provided, however, that
SLOMA’s duty to defend, indemnify and hold harmless shall not include any claims
or liability arising from the sole active negligence or willful misconduct of the CITY,
its agents, officers, employees or volunteers
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 5
10. NOTICE. All written notices to the parties hereto shall be sent by United States Postal
Service, postage prepaid, by registered or certified mail addressed as follows:
CITY: Parks & Recreation Director
City of San Luis Obispo
1341 Nipomo St.
San Luis Obispo, CA 93401
SLOMA: Executive Director
San Luis Obispo Museum of Art
1010 Broad Street
San Luis Obispo, CA 93401
11. AUTHORITY TO EXECUTE AGREEMENT. CITY and SLOMA each covenant
that each individual executing this agreement on behalf of each party is a person duly
authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO
____________________________ By:___________________________
Teresa Purrington Mayor Heidi Harmon
City Clerk
APPROVED AS TO FORM: SAN LUIS OBISPO MUSEUM OF
ART
By:___________________________
J. Christine Dietrick Leann Standish
City Attorney Executive Director
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 6
EXHIBIT A
SHARED USE AREA
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1
COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
SAN LUIS OBISPO MUSEUM OF ART FOR PUBLIC ART PROFESSIONAL SERVICES
This community partnership agreement ("Agreement") is made and entered into in the City of
San Luis Obispo as of July 21, 2023 by and between the City of San Luis Obispo, a municipal
corporation and charter city, hereinafter referred to as "City", and San Luis Obispo Museum of
Art, a non-profit public benefit corporation (501-C3), hereinafter referred to as "SLOMA".
WITNESSETH:
WHEREAS, the City is the legal owner of the property located at 1010 Broad Street in the
City of San Luis Obispo as shown on Exhibit A; and
WHEREAS, SLOMA currently leases certain premises from the City located at 1010 Broad
Street, which constitutes a portion of certain real property owned by the City within City limits,
collectively known as Mission Plaza and identified as San Luis Obispo County Assessor Parcel No.
002-423-006. In furtherance of CITY and SLOMA’s common goals and objectives for public art and
education, as described herein, CITY also desires to allow for shared use by SLOMA of the “lawn
area” located immediately to the northeast of SLOMA’s existing leased Premises as shown on
Exhibit A attached to this Agreement; and
WHEREAS, the City desires to maintain a mutually beneficial relationship with SLOMA as
a way to continue to enhance the sense of community through public art for the residents of San
Luis Obispo; and
WHEREAS, consistent with adopted City planning documents, including the Downtown
Concept Plan, current Major City Goals that focus on economic vitality and tourism serving
objectives, the City desires to create a cultural arts district adjacent to the Mission Plaza and
anchored by the Museum of Art (as well as by the History Center, Children’s Museum, and
forthcoming SLOREP); and
WHEREAS, the City Council established and funded a public art program in 1990
(Resolution No. 6811 (1990 Series)); and
WHEREAS, SLOMA is uniquely qualified to provide the public art services contemplated
under this Agreement due to its intimate knowledge of art, unique connection to the arts
community, and its long experience producing and providing cultural art exhibits for the benefit
of the community; and
WHEREAS, SLOMA is situated to provide technical expertise, artists relationships, project
management, communications, and engagement leadership through the acquisition of public art
pieces and/or the activation of public spaces through the integration of public art and/or the
acquisition of signature art pieces to compliment gateways into the City . SLOMA desires to
continue to activate the Mission Plaza lawn and outdoor space through installations, art
activities, and educational opportunities; enhancing the City’s cultural arts district; and
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF
CITY PROPERTY
2
WHEREAS, the City Council recognizes that public art is fundamentally different from most
other types of public works in that when selecting public art, the CITY is looking for an individual
expression or unique idea, which makes sole source selection and acquisition of completed
pieces appropriate means of acquiring public art; and
WHEREAS, to ensure an efficient acquisition process, the City Council has delegated to
the City Manager the authority to approve acquisition of public art pieces by SLOMA under this
Agreement as set forth in criterion established under this agreement; and
WHEREAS, the CITY and SLOMA desire to continue to encourage public art that respects
the community’s past and embraces the future in a collaborative, diverse, and equitable fashion;
and
WHEREAS, the CITY desires to maintain a mutually beneficial relation ship between the
CITY and SLOMA as a way to continue to enhance the sense of place and community for residents
through the proliferation of public art and education thereof; and
WHEREAS, City staff will continue to focus directly on the other equally valuable
components of the City’s Public Art program, including support of the local art community,
activation of space through art programming and installation, infrastructure or public art
maintenance, communications and outreach, policy development and guidance, and support of
private development art installation; and
WHEREAS, the CITY has determined that partnerships with community organizations to
provide shared services to the community are of great benefit and SLOMA has provided a
proposal to the City expressing a desire to support public art installations to mutually benefit
both agencies.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM OF AGREEMENT The term of this Agreement shall be fo r approximately two (2) years
commencing on July 21, 2023, and terminating on June 30, 2025.
2. FINANCIAL MANAGEMENT. The CITY and SLOMA agree to a series of terms as outlined below.
2.1. The CITY shall compensate SLOMA $100,000 annually, for a total of $200,000, during the
term of this Agreement for the general services it provides under the terms of this
agreement.
2.1.a. SLOMA shall invoice the CITY on a biannual basis (for $50,000 each half-year) for
this service by no later than July 1 and January 1 each year of this Agreement.
2.1.b. The CITY shall remit payment to SLOMA within thirty (30) days from the date of
receipt by CITY of its biannual invoice for general community art services from
SLOMA.
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2.2. SLOMA shall make a minimum of three different art acquisitions per year on behalf of
the CITY, as defined below. CITY shall pay for purchase or lease of public art pieces
facilitated by SLOMA on the City’s behalf under the terms of this agreement. For the
length of this agreement said costs shall not to exceed $400,000 annually which has been
budgeted for the purpose of SLOMA’s facilitated acquisition of three different types of
art as follows:
Acquisitions and Installation of Art on Behalf of
the City by SLOMA for each year
MAXIMUM ANNUAL CITY FUNDED
BUDGET
(1) Roundabout Art – one or more per year Up to $250,000 annually
(1) Rotating installation on the Mission Plaza
Lawn (Include updates to the platform),
installation and deinstallation – one or
more per year
Up to $75,000 annually
(1) Additional place making installation on
agreed upon location within the City –
one or more per year
Up to $75,000 annually
Table 1.0: Installation Funded Amounts
2.2.a. PURCHASE OR LEASE OF ART: The CITY will purchase or lease the art directly from
the artist. SLOMA will coordinate payment and contract signing between CITY and
artist, as outlined in EXHIBIT B: AGREEMENT FOR COMMISSION OF PUBLIC
ARTWORK. The City will pay a 40% deposit at time of contract execution and the
remaining due at time of completion.
2.2.b. INSTALLATION COSTS: As part of this Community Agreement, SLOMA is
responsible for the installation of the art and managing costs associated with the
installation. SLOMA will provide a separate estimate to the CITY for each of the
different installation costs. The City will pay SLOMA a 40% towards the costs of
installation at time of contract execution and the remaining due at time of
completion. The CITY will reimburse SLOMA for installation costs up to the
approved estimated amount once an invoice is provided. For reimbursement,
qualifying expenses shall be recorded in addition to the invoice SLOMA provides
the CITY.
2.2.b.1. Qualifying expenses are defined as costs directly associated with the
installation of the art. Qualifying expenses do not include upgrades to
shared space, marketing or private photography costs, travel expenses
without prior approval, personal gifts, meals, or gratuities.
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2.2.b.2. Expenses will be reimbursed up to the amount predetermined by City
Council and budget direction and confirmed by Recreation Manager
prior to purchase. Costs that exceed this cost must be preapproved by
City staff.
2.2.b.3. Costs for purchase and or lease of art plus the installation shall not
exceed the original quote and shall remain under the amount outlined in
Table 1.0.
2.2.c. For each project, CITY OF SAN LUIS OBISPO AGREEMENT FOR COMMISSION OF
PUBLIC ARTWORK (Exhibit B) will be completed between the CITY and artist
directly. SLOMA will act as liaison to ensure signatures are collected prior to
payment or services.
2.2.d. Upon payment, the art becomes a part of the City’s collection (permanent or
temporary) and all rights belong to the CITY as outlined in agreement.
2.2.e. SLOMA may use public art for promotion and is expected to recognize the City as
funder and program manager.
3. CITY ROLES AND RESPONSIBILITIES. The City of San Luis Obispo Parks and Recreation Director
may authorize periodic modifications, within the scope of financial and/or operational
authority, to the Roles and Responsibilities as may deem necessary or appropriate to the
partnership between the CITY and SLOMA. Any amendment or modifications to the Roles
and Responsibilities shall be in writing and may only be made with the mutual written consent
of both parties.
4. SCOPE OF SERVICES
Both parties agree to collaborate on the public art program projects as outlined in the obligations
below.
A. CITY OBLIGATIONS
i. The CITY will provide access and guidance to SLOMA relative to the CITY’s
Public Art Policies and Procedures Manual.
ii. The CITY will continue to manage the Utility Box Art Program.
iii. The CITY will continue to address maintenance needs of the public art program
for the current collection of artwork, including artwork installed though the
SLOMA/City partnership.
iv. The CITY will continue to manage the private development public art program.
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v. The CITY will set monthly reoccurring meetings with SLOMA Staff during the
two (2) year term.
vi. In accordance with paragraph 2 of this Agreement, the CITY shall remit
quarterly payments to SLOMA during the two (2) year term of this Agreement.
vii. The CITY will work with SLOMA regarding payment process to selected Artists
as outlined in this Agreement under “Financial Management.”
viii. The City will continue to hold and manage the Public Art Fund in its sole
discretion.
ix. The City will continue to communicate purchasing limits, which include
installation and purchase or lease of art, prior to onset of each project to
SLOMA.
x. Contracts for purchase or lease of art will be signed directly between the City
and the artist.
xi. The City will provide direction regarding priority locations for art installations
xii. City Public Works staff will continue to work with SLOMA regarding installation
of art in public spaces, as appropriate and necessary for the nature of each
project and in accordance with the CITY’S Public Art policy and the terms of
this Agreement.
xiii. City Community Development staff will continue to work with SLOMA to
support permitting necessary for installations.
xiv. City Communications staff will continue to promote art installations, joint
projects, and the public art program, highlighting SLOMA as valued partners.
xv. City Tourism staff will continue to promote Public Art through social media
marketing and tourism outreach.
xvi. City staff will continue to notify SLOMA of Mission Plaza and street closures
that may impact the Museum prior to non-emergency planned closures. City
staff will continue to activate and draw visitors to the Mission Plaza through
beautification, outreach, special event permitting and space activation.
xvii. City staff will continue to maintain the Mission Plaz a Park, restrooms, lighting,
and all spaces where Public Art is installed under the terms of this agreement.
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B. SLOMA OBLIGATIONS
i. SLOMA will provide coordination of public art for the CITY during the two-year
term of this Agreement. Projects shall include the following and are subject to
City approval and available funds:
1. Roundabout Public Art Installations:
a. A minimum of one Roundabout per year. Public art may be
installed at additional roundabouts with prior approval
from Recreation Manager based on available City
resources. This project is to initiate planning for installation
of public art within current or planned City roundabouts.
2. Annual rotating art installation on the Mission Plaza lawn – a
minimum of one.
3. A minimum of one additional “ephemeral” project .
ii. SLOMA will work with City staff to define a proposed and maximum budget to
be spent on each of these projects. Should the costs for installation exceed the
budgeted costs, SLOMA will be responsible for communicating these
differences to the CITY prior to exceeding the balance or committing a
difference of compensation to vendors. If funds are not available nor
approved, SLOMA will have the option to supplement the costs and will be
responsible for paying the difference.
a. City fees will only be used to pay for acquisition and/or
installation of art
b. Reimbursement for art acquisition and/or installation requires
SLOMA to submit a receipt of art and/or installation as outlined
under the Agreement “Financial Management” section.
c. For each installation, SLOMA will provi de an invoice to define
terms of what expenses will be necessitated prior to, during
and after the installation.
d. Costs of travel for staff or artists is not reimbursable without
prior approval as outlined in proposal.
e. In the event travel expenses will be reimbursed, City will pay
hotel rates as recommended in the US General Services
Administration and a per diem as outlined by City policy.
f. City fees may not be used pay for: alcohol, meals, personal gifts,
travel costs in excess of what was guaranteed in proposal.
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iii. SLOMA will Acquire or facilitate temporary acquisition of art on behalf of the
City by the following process:
a. City staff (Recreation Manager) and SLOMA will discuss priority areas
and ideas for acquisition and installation of public art.
b. SLOMA will contact Public Works City staff to discuss challenges,
obstacles, opportunities or necessities of installation in the public
space.
c. SLOMA will pursue acquisition of art pursuant to the guidance set forth
in subsection (iv) below.
d. SLOMA will present potential art piece and location to an ad hoc group
that has been preapproved by City staff (to include a variety of input
including neighbors to the installation location, any adjacent
businesses, local artists, DEI representative, and City staff)
e. SLOMA will assist City Staff in the preparation of a sole-source
justification memo to be provided to the City Manager with a City
Manager Report. The City Manager Report shall explain why the
selected art conforms with the guidance set forth in subsection (iv)
below.
f. SLOMA will serve as liaison to ensure artist signs and completes a n
Agreement for Commission of Public Art Work, Exhibit B, with the City
and provide all documents to the CITY.
g. SLOMA will recognize the City as owner/lessor of the art in all
communications regarding the art.
h. The agreement in place will be made directly between the City and the
artist. Any agreement that SLOMA makes directly with the artist shall
not interfere with the completion of the City’s contract.
i. The City will retain permanent physical ownership of a piece or
temporary ownership of a piece and all decisions regarding these
pieces shall be made directly with the Recreation Manager.
j. SLOMA will provide the City with signed Statement of Authenticity
from the artist or a receipt from the artist.
iv. The following criteria and considerations shall guide SLOMA’s process for
selecting art on behalf of the City:
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a. In recognition of the fact that there are costs incurred by an artist
associated with submitting a proposal package, with no guarantee
that their efforts will be compensated if their piece is not selected,
SLOMA shall pursue art pieces that are obtained via negotiated
agreement with the artist.
b. SLOMA shall, in their expert discretion, pursue negotiations with
artists who are nationally or internationally renowned.
c. SLOMA shall pursue art pieces that:
i. Are durable, can withstand the elements and exposure to
public spaces, and are resistant to vandalism.
ii. Can reasonably be maintained by the City after conveyance to
the City
iii. Enhance the sense of place in the City
iv. Encourage observers to understand each other and the world
around them.
v. In managing the installation of selected public art, SLOMA shall:
1. Provide a timeline for completing the steps above and
communicate changes to the Recreation Manager
2. Serve as Public Art project liaison between selected Artists and
CITY.
3. Secure planning/building permits, as may be required, and works
with artist to fabricate artwork.
4. Communicate with City Public Works for all work on the Mission
Plaza lawn.
5. Repair any damage to City property during installation.
6. Coordinate with CITY payment schedule to selected Artist.
7. Coordinate and oversee the installation of the approved artwork.
vi. All marketing involving artwork paid for by the City will be tagged to the City
and City will be given full credit of ownership.
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vii. Ribbon Cuttings will be coordinated by SLOMA after working with City staff to
coordinate available dates. The City will be invited to present at each ribbon
cutting.
viii. Promotions shall be approved by City staff, including Communications
Coordinator or staff delegated thereby, prior to posting.
ix. A sign for all art installations will be included in the cost of installation, shall
follow City Communications guidelines and shall be approved prior to printing.
x. Continue to provide a monthly written update to the Recreation Manager in
advance of monthly meetings.
4.1. The CITY Recreation Manager, or staff delegated by Recreation Manager, and SLOMA
Staff will meet monthly during the two (2) year term of this Agreement to review the
specific public art projects.
5. SHARED USE OF ADJACENT CITY PREMISES. In furtherance of CITY and SLOMA’s common
goals and objectives for public art and education, as described above, CITY also desires to
allow SLOMA shared use of the lawn area located immediately to the northeast of SLOMA ’s
existing leased Premises as shown on Exhibit A which is attached hereto and is incorporated
herein by reference (the “Shared Use Area”). During the term of this Agreement, SLOMA
shall be permitted to install public art exhibits such as sculpture or other art mediums
appropriate for an outdoor environment, as well as conduct outdoor educational activities
on the Shared Use Area at such times and on such conditions as approved by the CITY.
Installation of any such outdoor public art exhibits shall be subje ct to the Public Art Policies
and Procedures Manual, ensuring all planning and building permits are in place as may be
required. Any educational activities or events shall be subject to the standard terms and
conditions that would otherwise be applicable with a temporary special events permit issued
by City’s Parks and Recreation Department. CITY shall be responsible for normal and
customary maintenance and upkeep of the Shared Use Area (e.g., mowing, irrigation, etc.).
SLOMA shall be responsible for maintenance, security, special insurance provisions, and any
and all costs whatsoever associated with activities and events that occur under the direction
of SLOMA within the Shared Use Area, and with the installation of outdoor art exhibits or
sculpture that SLOMA may place within the Shared Use Area. In the event that shared space
is damaged during installation or an event in shared space because of actions, or inactions,
taken by SLOMA or their contractors, SLOMA will be responsible for costs of repair in
compliance with City standards and staff approval .
6. LICENSES AND PERMITS. At all times during the term of this Agreement, SLOMA shall have in
full force and effect, all licenses required of it by law for the performance of the Services
described in this Agreement. SLOMA shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary under this Agreement.
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7. COMPLIANCE WITH LAW. SLOMA shall keep itself informed of and shall observe and comply with
all applicable State and Federal laws and regulations, and county and City of San Luis Obispo
ordinances, regulations and adopted codes, which in any manner affect those employed by
SLOMA or in any way affect the performance of the Services pursuant to this Agreement. The City,
and its officers and employees, shall not be liable at law or in equity occasioned by failure of the
SLOMA to comply with this Section. Failure to comply with local ordinances may result in monetary
fines and cancellation of this Agreement.
8. COMPLIANCE WITH INDUSTRY STANDARD. SLOMA shall provide services acceptable to City in
strict conformance with the Agreement. SLOMA shall also provide in accordance with the
standards customarily called for under this Agreement using the degree of care and skill ordinarily
exercised by reputable providers of such services. Where approval by the City, the City Manager,
the Mayor, or other representative of City is required, it is understood to be general approval only
and does not relieve SLOMA of responsibility for complying with all applicable laws, codes,
policies, regulations, and good business practices.
9. INDEPENDENT COMMUNITY PARTNER.
9.1. SLOMA is and shall at all times remain as to the City a wholly independent community
partner. The personnel performing the Services under this Agreement on behalf of
SLOMA shall at all times be under SLOMA’s exclusive direction and control, except as set
forth in this Agreement upon mutual acceptance of the parties. Neither City nor any of
its officers, employees, or agents shall have control over the conduct of SLOMA or any of
SLOMA’s officers, employees, or agents, except as set forth in this Agreement. SLOMA
shall not at any time or in any manner represent that it or any of its officers, employees,
or agents are in any manner officers, employees, or agents of the City. SLOMA shall not
incur or have the power to incur any debt, obligation, or liability whatsoever against City,
or bind City in any manner.
9.2. No employee benefits shall be available to SLOMA in connection with the performance
of this Agreement. Except for the fees paid to SLOMA as provided in the Agreement, City
shall not pay salaries, wages, or other compensation to SLOMA for performing the
Services hereunder for City. City shall not be liable for compensation or indemnification
to SLOMA for injury or sickness arising out of performing services hereunder.
10. PRESERVATION OF CITY PROPERTY. SLOMA 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 SLOMA’s operations, it shall be replaced or restored at
SLOMA’s expense. The City’s facilities shall be replaced or restored to a condition as good as
when the SLOMA began the work.
11. IMMIGRATION ACT OF 1986. SLOMA warrants on behalf of itself and all subconsultants
engaged for the performance of the Services that only persons authorized to work in the
United States pursuant to the Immigration Reform and Control Act of 1986 and other
applicable laws shall be employed in the performance of the Services hereunder.
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12. NON-DISCRIMINATION. In the performance of the Services, SLOMA agrees that it will not
engage in, nor permit such subconsultants 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.
13. INSPECTION. City shall at all times have the right to inspect the work being done under this
Agreement and SLOMA shall furnish City with every reasonable opportunity and assistance
required for City to ascertain that the Services of the SLOMA are being performed in
accordance with the requirements and intentions of this Agreement. 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 SLOMA of any of its obligations under the
Agreement.
14. RELEASE OF INFORMATION. All information gained by SLOMA in performance of this Agreement
shall be considered confidential and shall not be released by SLOMA without City's prior written
authorization. SLOMA, its officers, employees, agents, or subconsultants, shall not, without
written authorization from the City Manager or unless requested by the City Attorney, voluntarily
provide declarations, letters of support, testimony at depositions, response to interrogatories, or
other information concerning the work performed under this Agreement. Response to a subpoena
or court order shall not be considered "voluntary" provided SLOMA gives City notice of such court
order or subpoena.
SLOMA shall promptly notify City should SLOMA, its officers, employees, agents, or subconsultants
be served with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or
subpoena from any person or party regarding this Agreement, unless the City is a party to any
lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless SLOMA
is prohibited by law from informing the City of such Discovery. City retains the right, but has no
obligation, to represent SLOMA and/or be present at any deposition, hearing, or similar
proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative
proceeding and is averse to SLOMA in such proceeding, SLOMA agrees to cooperate fully with City
and to provide the opportunity to review any response to Discovery requests provided by SLOMA.
However, City's right to review any such response does not imply or mean the right by City to
control, direct, or rewrite said response.
15. OWNERSHIP OF DOCUMENTS. SLOMA shall maintain complete and accurate records with respect
to sales, costs, expenses, receipts, and other such information required by City that relate to the
performance of the Services under this Agreement. SLOMA shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. SLOMA shall provide free access to the
representatives of City or its designees at reasonable times to such books and records; shall
give City the right to examine and audit said books and records; shall permit City to make
transcripts or copies therefrom as necessary; and shall allow inspection of all work, data,
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documents, proceedings, and activities related to this Agreement. Such records, together
with supporting documents, shall be maintained for a period of three (3) years after receipt
of final payment.
Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes, and
other documents prepared in the course of providing the Services under this Agreement shall
become the sole property of the City and may be used, reused, or otherwise disposed of by
the City without the permission of SLOMA. With respect to computer files, SLOMA shall make
available to the City, at the SLOMA’s office and upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring, copying and/or printing computer files. SLOMA hereby grants to City all right,
title, and interest, including any copyright, in and to the documents, designs, drawings, maps,
models, computer files, surveys, notes, and other documents prepared by SLOMA in the
course of providing the Services under this Agreement.
16. 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.
17. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not
limited to California Civil Code Sections 2782 and 2782.8), SLOMA 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 SLOMA’s performance or SLOMA’s failure to perform its
obligations under this Agreement or out of the operations conducted by SLOMA, including
the City’s passive negligence, except for such loss or damage arising from the sole or active
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 SLOMA’s
performance of this Agreement, SLOMA 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. The City shall execute an agreement with each
subcontractor (ARTIST) which will include an Indemnification and Defense clause for the
ARTIST’s performance or failure to perform its obligations under the agreement.
18. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
18.1. The City may at any time, for any reason, with or without cause, suspend or terminate this
Agreement, or any portion hereof, by serving upon SLOMA at least thirty (30) days prior
written notice. Upon receipt of said notice, SLOMA shall immediately cease all work under
this Agreement, unless the notice provides otherwise. If the City suspends or terminates a
portion of this Agreement such suspension or termination shall not make void or invalidate
the remainder of this Agreement.
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18.2. In the event this Agreement is terminated pursuant to this Section, the City shall pay to
SLOMA the actual value of the work performed up to the time of termination, provided that
the work performed is of value to the City. Upon termination of the Agreement pursuant to
this Section, SLOMA will submit an invoice to the City
19. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines SLOMA
is not faithfully abiding by any term or condition contained herein, the City may notify SLOMA
in writing of such defect or failure to perform. This notice must give SLOMA a ten (10)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
19.1. If SLOMA has not performed the work or cured the deficiency within the te n (10) days
specified in the notice, such shall constitute a breach of the Agreement and the City
may terminate the Agreement immediately by written notice to SLOMA to said effect
(“Notice of Termination”). Thereafter, neither party shall have any further duties,
obligations, responsibilities, or rights under the Agreement except to comply with the
obligations upon termination.
19.2. In said event, SLOMA 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 SLOMA
as may be set forth in the Agreement payment schedule; compensation for any other
work or services performed or provided by SLOMA shall be based solely on the City’s
assessment of the value of the work-in-progress in completing the overall scope.
19.3. The City reserves the right to delay 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 SLOMA
be entitled to receive in excess of the not to exceed amount shown in this Agreement.
20. INSURANCE SLOMA shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit C attached to and made part of this
Agreement.
21. SAFETY PROVISIONS. SLOMA shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
22. PUBLIC AND EMPLOYEE SAFETY. Whenever SLOMA 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.
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23. UNDUE INFLUENCE. SLOMA declares and warrants that no undue influence or pressure was used
against or in concert with any officer or employee of the City in connection with the award, terms
or implementation of this Agreement, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the City has or will receive
compensation, directly or indirectly, from SLOMA, or from any officer, employee or agent of
SLOMA, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling
the City to any and all remedies at law or in equity.
24.1 ASSIGNMENT. SLOMA 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 .
As required above, before retaining or contracting with any subconsultant for any services
under this Agreement, City must consent to such assignment of performance in writing. For
City to evaluate such proposed assignment, SLOMA shall provide City with the identity of the
proposed subconsultant, a copy of the proposed written contract between SLOMA and such
subconsultant, which shall include an indemnity provision similar to the one provided herein
and identifying City as an indemnified party, or an incorporation of the indemnity provision
provided herein, and proof that such proposed subconsultant carries insurance at least equal
to that required by this Agreement or obtain a written waiver from City for such insurance.
24. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the appropriate review authority
according to the City’s Financial Management Manual. SLOMA shall not be compensated for any
services rendered in connection with its performance of this Agreement which are in addition to
those set forth herein, unless such additional services are authorized by the City in advance and in
writing.
25. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be sent
either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but
not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii)
United States Mail, certified, postage prepaid, return receipt requested. All such notices shall be
delivered to the addressee or addressed as set forth below:
To City: Parks and Recreation Department
City of San Luis Obispo
1341 Nipomo St.
San Luis Obispo, CA 93401
To SLOMA: San Luis Obispo Museum of Art
1010 Broad Street
San Luis Obispo, CA 93401
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26. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior
Court of San Luis Obispo County, California, regardless of where else venue may lie. The
validity, interpretation, construction and performance of this Agreement, and all acts and
transactions pursuant hereto and the rights and obligations of the Parties hereto shall be
governed, construed and interpreted in accordance with the laws of the State of California,
without giving effect to principles of conflicts of law.
27. AUTHORITY TO EXECUTE AGREEMENT. Both City and SLOMA do covenant that each
individual executing this Agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO MUSEUM OF ART
a municipal corporation and charter city
_________________________________ ______________________________
Derek Johnson, City Manager By: Leann Standish
Its: Executive Director
APPROVED AS TO FORM: SAN LUIS OBISPO MUSEUM OF ART
_____________________________ ______________________________
J. Christine Dietrick, City Attorney By: Barbara Bell
Its: SLOMA Board President
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Assistant City Attorney
Markie Kersten
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EXHIBIT A: Proposal from SLO Museum of Art Received on May 3, 2023, page 1 of 2
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EXHIBIT A: Proposal from SLO Museum of Art Received on May 3 , 2023, page 2 of 2
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Exhibit B: Agreement for Commission of Public Art Work, (12 pages)
CITY OF SAN LUIS OBISPO
AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
This agreement (Agreement) is made and entered into in the City of San Luis Obispo on
____________[date], by and between the City of San Luis Obispo, a municipal corporation and charter
city (CITY) and [Artist](ARTIST) (collectively referred to as the “PARTIES”).
DESCRIPTION OF WORK
1. The ARTIST is a recognized professional artist, and the CITY acknowledges sufficient familiarity with
the style and quality of the ARTIST’S work, and; the CITY desires the ARTIST to create an original
work of art entitled ________ (“the WORK”) as more fully described in Exhibit A.
SCOPE OF WORK
2. For services rendered herein, the CITY shall pay the ARTIST a sum not to exceed $________ for all
work performed during the period beginning ______________through ________________. The
ARTIST shall furnish services as described in Exhibit B of this Agreement.
3. Terms and Conditions for Payment are attached in Exhibit C of this Agreement
4. The services to be required of the ARTIST under this Agreement shall be completed in accordance
with the Schedule for Completion of the Work as proposed by the ARTIST and approved by the CITY,
as described in Exhibit D, provided that such time limits may be extended or otherwise modified by
written agreement between the ARTIST and the CITY.
CHANGES IN SCOPE AND ADDITIONAL WORK
5. All changes to the WORK determined to be necessary by the ARTIST or requested by the CITY shall be
in writing. For all changes agreed upon by the Parties, this Agreement shall be amended in writing,
specifying the agreed upon changes, including but not limited to a description of services, additional
budget, payment schedule and timetable.
6. Change requests by the ARTIST shall be submitted to the CITY for further review and approval. No
services for which additional compensation will be charged shall be provided by the ARTIST without
the prior written authorization by the CITY.
7. The ARTIST may, but shall not be obligated to, agree to a change requested by the City. If the ARTIST
does not agree to a City change request, the CITY shall be entitled to terminate the Agreement in
accordance with this Agreement and engage another artist to complete the WORK.
RESPONSIBILITIES OF THE ARTIST
8. The ARTIST shall be obligated to perform the services, complete the design, fabrication, and
installation of the WORK in substantial conformity with the services described in Exhibit B and shall
complete such services in accordance with the schedule set forth in Exhibit C.
9. The ARTIST and the CITY agree that the ARTIST shall retain artistic control of the ARTIST’S services
performed under this Agreement, subject only to the limitations imposed in Exhibit B.
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The ARTIST agrees that an essential element of this Agreement is the skill and creativity of the ARTIST.
The ARTIST shall not assign the creative or artistic portions of the WORK to another party for the
production of the WORK without the written consent of the CITY. Failure to conform to this provision may
be cause for termination of this Agreement, at the sole option of the CITY.
10. The ARTIST shall supply the CITY with (a) a current professional resume, (b) detailed
information concerning the materials used in the creation of the WORK, and (c) a
detailed maintenance program and schedule for the WORK.
11. The ARTIST shall be responsible for designing the WORK so that it can be constructed without
exceeding the approved overall budget for the project.
12. The ARTIST shall, without additional compensation, correct or revise any errors, omissions, or other
deficiencies in the ARTIST’S WORK.
13. The ARTIST shall provide monthly progress reports and/or deliverables to the CONTRACT
ADMINISTRATOR (defined in paragraph 17).
14. If any part of the ARTIST'S WORK depends on proper execution or results of tasks performed by the
CITY, or a third party responsible to the CITY, the ARTIST shall, prior to proceeding with his or her
WORK, promptly report to the CITY any apparent discrepancies or other defects in such other work
which renders it unsuitable for proper execution and results by the ARTIST. Failure of the ARTIST to
report a discrepancy or defect shall constitute an acceptance of the CITY'S or third party's
performance as fit and proper.
15. If the ARTIST is involved in the execution, fabrication, transportation, inspection and/or installation of
an artwork, the following provisions shall apply:
a. The ARTIST shall clean-up CITY property and promptly remove any ARTIST equipment, excess
materials etc. from City property as requested by the CITY.
b. ARTIST shall meet with the CONTRACT ADMINISTRATOR or other CITY personnel, or third
parties as necessary, on all matters connected with carrying out of ARTIST’S services described
in Exhibit B. Such meeting shall be held at the request of either party hereto.
RESPONSIBILITIES OF THE CITY
16. The CITY shall designate staff as the CONTRACT ADMINISTRATOR on whose instructions or
determinations all Parties may rely on in administration of this Agreement.
17. CITY shall assist ARTIST by placing at ARTIST'S disposal all public information it has available pertaining
to the Project.
18. CITY shall arrange for access so that ARTIST may enter upon public and private property as required
for ARTIST to perform the services under this Agreement.
19. CITY shall give prompt written notice to ARTIST whenever the CITY observes or otherwise becomes
aware of any development that affects the scope or timing of ARTIST'S services.
WARRANTIES/STANDARDS
20. The ARTIST represents and warrants that (a) the design or WORK being commissioned is original; (b)
that the ARTIST shall not sell or reproduce the WORK, separate from portfolio reproductions allowed
under paragraph 25 of this Agreement, or allow others to do so without the prior written consent of
the CITY; (c) at the time of transfer of the WORK to the [CITY], the ARTIST is the sole owner of the
WORK and of all rights therein, including copyright trademark and other proprietary rights therein;
(d) the ARTIST is and will be the sole creator of the WORK; (e) the ARTIST has and will have full and
sufficient right to assign all rights granted herein and to waive all rights relinquished herein; (f) the
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ARTIST is not under any obligation to transfer or sell any of the WORK to a third party; (g) the WORK
has not been and will not be published under circumstances which have or will cause a loss of any
copyright, trademark or other proprietary rights therein; (h) the WORK does and will not infringe on
any patent, copyright, trademark or other proprietary rights, privacy rights or other rights of any third
party, nor has any claim (whether or not embodied in a legal action or not) of such infringement been
threatened or asserted, nor is such a claim pending, against the ARTIST (or, insofar as the ARTIST is
aware, against any entity from which ARTIST has obtained any rights).
21. The ARTIST shall guarantee the WORK to be free from faults of material and workmanship for a period
of five (5) years after installation and final acceptance by the CITY. The ARTIST shall deliver the WORK
to the CITY free and clear of any liens from any source whatever. These guarantees shall apply only to
those aspects of the WORK which is entirely that of the ARTIST or persons responsible to the ARTIST,
as installed, and shall not apply to materials or workmanship of projects in which the ARTIST’S work
is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not
responsible to the ARTIST.
22. The ARTIST shall faithfully perform the services required under this Agreement in accordance with
standards of care, skill, training, diligence and judgment provided by highly competent professionals
who perform work of a similar nature to the WORK described in this Agreement.
WAIVER OF MORAL RIGHTS
23. As a material part of the consideration provided by the ARTIST under the terms of this Agreement,
the ARTIST waives, releases and disclaims any and all rights, demands or claims as may arise at any
time and under any circumstances against the CITY, its agents, officers, employees, agents, successors
and assigns that the ARTIST may have with respect to the WORK and any and all works of art produced
under the terms of this Agreement arising under the federal Visual Artists Rights Act of 1990 (17 U.S.C.
§§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other
local, state, federal or international laws that convey rights of the same nature as those conveyed
under 17 U.S.C. section 106A, Cal. Civil Code section 987 et seq., or any other type of moral right
protecting the integrity of works of art. The ARTIST expressly agrees that the Work performed
hereunder is “Work Made for Hire” under the provisions of 17 U.S.C. section 101. The provisions of
this paragraph shall apply to modify the ARTIST’S rights of attribution and integrity as set out in the
Visual Artists Rights Act, 17 U .S.C §§ 106A and 113(d) (“VARA”), the California Art Preservation Act,
Cal. Civil Code §§ 987 and 989 (“CAPA”), and any rights arising under United States federal or state
law or under the laws of another country that convey rights of the same nature as those conveyed
under VARA and CAPA, as against the CITY of SAN LUIS OBISPO and its agents, officers, employees,
agents, successors and assigns. The CITY has the absolute right to change, modify, destroy, remove,
relocate, move, replace, transport, repair or restore the WORK, however, the CITY shall provide notice
to the ARTIST prior to any modification, change, or destruction of the WORK.
COPYRIGHT AND EXCLUSIVE OWNERSHIP RIGHTS
24. The ARTIST shall not retain ownership of or any right, title or interest in any of the WORK including,
but not limited to, in any related trademarks, copyrights, or other proprietary rights or rights of
reproduction.
a. [ARTIST hereby irrevocably assigns exclusively to the CITY, and its successors and assigns, all
right title and interest in or to the WORK and in the copyright of the WORK, and all extension
and renewals thereof in the United States and all foreign countries. The ARTIST hereby waives
all moral rights related to each such WORK including, but not limited to, any and all rights of
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identification of authorship and any and all rights of approval, restriction or limitation on use
or subsequent modifications. The PARTIES agree that the WORK and all such rights, title and
interest in or to the WORK belong to and are being sold and assigned in their entirety to the
CITY for whatever uses it desires without any restrictions or obligations or payments to the
ARTIST, and that the CITY does and shall at all times own, solely and exclusively, complete and
unencumbered, all right and title in and to all of the WORK worldwide, and any modifications
thereto and any derivative works based thereon (including, but not limited to, all patent,
copyright, trademark, service mark and trade secret rights). The Artist hereby transfers all
rights of reproduction, as that term is defined in California Civil Code Section 982, in the Work
and the right to reproduce the Work in any manner whatsoever for commercial and non-
commercial purposes. Nothing contained herein shall be deemed to constitute a mere license
or franchise in the CITY.]
b. ][The CITY hereby authorizes the ARTIST to make, and to authorize the making of photograph
reproductions of the WORK for self-promotional, non-commercial, purposes, including use in
the ARTIST’S own personal portfolio or website or use in self-promotional mailers provided
such mailers are provided at no cost. All such self-promotional materials shall place a
copyright notice in a form acceptable to the CITY and include a credit line, unless otherwise
requested by the CITY in writing, as follows: “[NAME of WORK], Owned and Commissioned by
City of San Luis Obispo.” The CITY has sole discretion to determine whether a use is self-
promotional. The CITY shall provide written notice to the ARTIST if the CITY determines a use
does not meet the terms of this section. Upon receipt of such notice, the ARTIST shall
immediately cease and desist the use of the reproduction.]
25. The ARTIST agrees that the WORK and services performed under this Agreement shall comply with all
applicable patent, trademark and copyright laws, rules, regulations and codes of the United States.
The ARTIST further agrees that the WORK will not utilize any protected patent, trademark or copyright
in performance of work under this Agreement unless the ARTIST has obtained proper permission and
all releases and other necessary documents. If the ARTIST specifies any material, equipment, process
or procedure which is protected, the ARTIST shall disclose such patents, trademarks and copyrights in
the construction drawings and technical specifications.
TERMINATION
26. The City shall have the right to terminate this Agreement, with or without cause. The CITY shall give
written notice to the ARTIST ten (10) calendar days prior to effective date of the termination. If
terminated the ARTIST agrees to cease all work under this Agreement on or before the effective date
of such notice. All completed and uncompleted WORK up to the date of receipt of the written notice
of termination shall become property of the CITY.
27. If the Agreement is terminated for cause, the notice shall identify the defect for which the Agreement
is being terminated and provide the ARTIST an opportunity to cure. If the ARTIST cures the identified
defect to the CITY’S satisfaction prior to the effective date of the termination (within ten (10) calendar
days of receipt of the notice of termination), the notice of termination shall not go into effect.
28. In the event this Agreement is terminated, due to no fault or failure of performance by the ARTIST,
the CITY shall pay the ARTIST based on the percentage of services satisfactorily performed and/or
WORK satisfactorily produced at the time of termination. But in no event shall the ARTIST be entitled
to receive more than the amount that would be paid to the ARTIST for full performance of the services
required by this Agreement. The CITY reserves the right to delay such payment until completion or
confirmed abandonment of the project, as may be determined in the CITY’S sole discretion, to permit
a full and complete accounting of costs.
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29. If, because of the death, or any other occurrence, it becomes impossible for the ARTIST to render
services or perform work under this Agreement, the Agreement shall be deemed terminated.
INSURANCE
30. Artist shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as
specified in Exhibit E attached to and made part of this Agreement.
INDEMNIFICATION AND DEFENSE
31. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782
and 2782.8), the ARTIST 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 (i) the ARTIST’S performance or ARTIST’S failure
to perform its obligations under this Agreement, (ii) out of the operations conducted by ARTIST,
including the CITY’S passive negligence, except for such loss or damage arising from the sole or active
negligence or willful misconduct of the CITY, (iii) from any noncompliance or violations of applicable laws,
ordinances, codes and regulations, and/or (iv) from the performance of the WORK or services under this
Agreement which infringes upon any patent, trademark or copyright protected by law. In the event
the CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
from ARTIST’S performance of this Agreement, the ARTIST 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.
CIVIL RIGHTS COMPLIANCE / EQUAL OPPORTUNITY ASSURANCE
32. Every supplier of materials and services and all artists doing business with the CITY shall be in compliance
with the applicable provisions of the Americans with Disabilities Act of 1990, and shall be an equal
opportunity employer as defined by Title VII of the Civil Rights Act of 1964 and including the California Fair
Employment and Housing Act of 1980. As such, the ARTIST shall not discriminate against any person on the
basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status,
age or sex with respect to hiring, application for employment, tenure or terms and conditions of
employment. The ARTIST agrees to abide by all of the foregoing statutes and regulations, and any similar
requirements in any ordinances and resolutions of the City of San Luis Obispo.
MISCELLANEOUS
33. INDEPENDENT CONTRACTOR. Artist is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of the ARTIST shall
at all times be under the ARTIST’S exclusive direction and control. Neither CITY nor any of its officers,
employees, or agents shall have control over the conduct of the ARTIST or any of the ARTIST’S officers,
employees, or agents, except as set forth in this Agreement. The ARTIST shall not at any time or in any
manner represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the CITY. The ARTIST shall not incur or have the power to incur any debt,
obligation, or liability whatsoever against CITY, or bind CITY in any manner. No employee benefits
shall be available to the ARTIST in connection with the performance of this Agreement. Except for the
fees paid to the ARTIST as provided in the Agreement, the CITY shall not pay salaries, wages, or other
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compensation to the ARTIST for performing the services hereunder for the CITY. The CITY shall not be
liable for compensation or indemnification to Arti st for injury or sickness arising out of performing
services hereunder.
34. RECORDS. The ARTIST shall maintain accurate accounting records and other written documentation
pertaining to the costs incurred for this project. Such records and documentation shall be made
available to the CITY upon request during the period of this Agreement, and after the term of this
Agreement for a period of three (3) years from the date of the final CITY payment for the ARTIST’S
services.
35. SUBCONTRACTORS. The ARTIST must secure the prior written approval of the CITY before hiring any
subcontractors or other professional associates to perform services or activities covered by this
Agreement.
36. ASSIGNMENT. The Artist 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.
37. 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 appropriate review authority according to the CITY’S
Public Art Policy.
38. SAFETY. The ARTIST shall observe and comply with all applicable laws, ordinances, codes and regulations of
governmental agencies, including all provisions of the Occupational Safety and Health Act of 1979 and all
amendments thereto, and all applicable Federal, State, municipal and local safety regulations in
performance of all services under this Agreement. If death, serious personal injury, or substantial property
damage occurs in connection with the performance of this Agreement, the ARTIST shall immediately notify
the Contract Administrator by telephone. The ARTIST shall promptly submit to the CITY a written report, in
such form as may be required by the CITY of all accidents which occur in connection with this contract. This
report must include the following information: (1) name and address of the injured or deceased person(s);
(2) name and address of the ARTIST'S subcontractors, if any; (3) name and address of the ARTIST'S liability
insurance carrier; and (4) a detailed description of accident and whether any of the CITY'S equipment, tools,
material or staff were involved.
39. PRESERVATION OF CITY PROPERTY. The ARTIST 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 ARTIST’S operations, it shall be replaced or restored at ARTIST’S expense. The CITY’S
facilities shall be replaced or restored to a condition as good as when the ARTIST began the work.
40. USE OF CITY PROPERTY. The ARTIST shall not use the CITY premises, property (including equipment,
instruments and supplies) or personnel for any purpose other than the performance of the ARTIST’S
obligations under this Agreement.
41. 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. Each PARTY is entering into this Agreement based solely upon the representations set forth
herein and upon each party's own independent investigation of any and all facts such party deems material.
42. IMMIGRATION ACT OF 1986. The ARTIST warrants on behalf of itself and all subcontractors engaged
for the performance of the services that only persons authorized to work in the United States pursuant
to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in
the performance of the services hereunder.
43. NOTICE. All notices to the PARTIES hereto under this Agreement shall be in writing and shall be sent either
by (i) personal service, (ii) delivery by a reputable document delivery service which provides a delivery
receipt. All such notices shall be delivered to the addressee or addressed as set forth below:
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To City:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93041
Attention: [insert contract administrator]
To Artist:
[NAME]
[ADDRESS]
[ADDRESS]
44. GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of
San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretati on,
construction and performance of this Agreement, and all acts and transactions pursuant hereto and
the rights and obligations of the PARTIES hereto shall be governed, construed and interpreted in
accordance with the laws of the State of California, without giving effect to principles of conflicts of
law.
45. AUTHORITY TO EXECUTE AGREEMENT. Both the CITY and the ARTIST do covenant that each individual
executing this Agreement on behalf of each PARTY is a person duly authorized and empowered to
execute Agreements for such PARTY.
IN WITNESS WHEREOF, the PARTIES hereto have caused this instrument to be executed the day and year first
above written.
CITY ARTIST
_______________________________
By: [Name]
Its: [Title of City Manager or Department Head]
_______________________________
By: [Name]
Its: [Title]
APPROVED AS TO FORM:
_______________________________
By: J. Christine Dietrick, City Attorney
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EXHIBIT A – Description of Work
[Placeholder for Description of the Art piece]
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EXHIBIT B – Description of Services
[Placeholder for Description of Services]
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EXHIBIT C – Terms and Conditions for Payment
1. The CITY shall pay the ARTIST $____________ for the WORK pursuant to the terms and conditions of
this Agreement. $________ shall be compensation for the ARTIST’S commission for the WORK.
$________ shall be compensation to cover travel costs. No additional compensation shall be provided
for the commission or travel expenses, whether or not actual travel costs are higher. Travel costs
include amounts paid for lodging, transportation, gas if traveling by car, and per diem expenses.
2. The CITY shall pay the ARTIST a deposit of $_______ upon execution of this Agreement. Within 30
calendar days of the ARTIST notifying the CITY that installation of the WORK is complete and the CITY
providing written acceptance of the WORK, the CITY shall pay the remaining balance of
$_______________.
3. The ARTIST shall be paid for services satisfactorily rendered pursuant to this Agreement in accordance
with the terms herein and subsequent adjustments, changes or additions as specifically provided for
in this Agreement. Such payment shall be full compensation for work performed and services
rendered, for all supervision, labor, supplies, materials, equipment or use thereof, taxes, and for all
other necessary incidentals including transportation of the WORK to the place of installation.
4. The City shall not withhold applicable federal or state payroll or any other required taxes, or other
authorized deductions from each payment may to the Artist.
5. No payment to the ARTIST for any work performed or services rendered shall constitute a waiver or
release by the CITY of any claims, rights or remedies it may have against the ARTIST under this
Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by the CITY
of any failure or fault of the ARTIST, to satisfactorily perform the WORK and services as required under
this Agreement.
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EXHIBIT D – Schedule for Completion of Work
1. The ARTIST shall perform work according to the following schedule:
a. [insert schedule]
2. The CITY shall grant a reasonable extension of time to the ARTIST if there is a delay on the part of the
CITY in performing its obligations under this Agreement, or if conditions beyond the ARTIST'S control
or Acts of God render timely performance of the ARTIST'S services impossible or unduly burdensome.
Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will
not be considered a breach of contract; provided that such obligations shall be suspended only for
the duration of such conditions.
3. For delays in the installation of the WORK beyond the schedule provided for under this Agreement
caused by factors reasonably under the ARTIST'S control, the CITY agrees to accept one hundred
dollars ($100.00) per day as liquidated damages for such delay, which is a reasonable estimate of
potential future damages under the circumstances.
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EXHIBIT E – Insurance Requirements
1. The ARTIST and any subcontractors performing services in connection with this Agreement, shall
carry, maintain, and keep in full force and effect during the term of the provision of services under
this Agreement, the following insurance coverage which meets the following minimum requirements:
a. Comprehensive General liability insurance with a $1,000,000 limit for each occurrence,
and combined single limit, against any personal injury, death, loss or damage resulting
from the wrongful or negligent acts by the ARTIST’S subcontractors, including an
endorsement adding the City, its agents, officers, and employees as additional insured.
b. Personal Property Insurance Coverage under which the WORK is added, or other
insurance coverage that insures the WORK against all risks of physical loss, damage or
theft during transit and delivery of the WORK to the CITY and at all times before CITY’S
acceptance of the WORK.
c. If the ARTIST is using a vehicle for delivery and installation, Comprehensive Vehicle
Liability Insurance covering personal injury and property damage, with minimum limits of
$1,000,000 per occurrence combined single limit, covering any vehicle utilized by the
ARTIST or ARTIST’S subcontractors in performing the services required by this Agreement.
d. If the ARTIST has additional workers directly employed, Workers Compensation Insurance
as required by the State of California at the statutory limits.
2. The policy or policies required herein, shall be primary to any coverage available to the CITY and shall
include provisions for waiver of subrogation. The ARTIST hereby waives its right of subrogation. Any
deductibles must be declared to and approved by the CITY prior to commencement of WORK under
this Agreement.
3. At all times during the period when such insurance must be maintained, the ARTIST shall maintain on
file with the City Clerk a certificate or certificates of insurance on a form approved by the City Attorney
showing that the aforesaid policies are in effect in the required amounts. The ARTIST shall, prior to
commencement of work under this Agreement, file with the City Clerk such certificate or certificates.
All of the policies required under this Agreement shall contain an endorsement providing that the
policies cannot be canceled or reduced except on thirty (30) days prior written notice to the CITY, and
specifically stating that the coverage contained in the policies affords insurance pursuant to the terms
and conditions as set forth in this Agreement.
DocuSign Envelope ID: FFEE0361-D8CC-4980-8105-47CD8466C451
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF
CITY PROPERTY
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Exhibit C: City’s Insurance Requirements
Without limiting SLOMA’s indemnification of City, and prior to commencement of Lease, SLOMA shall
obtain, provide, and maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to the City.
General liability insurance. SLOMA shall maintain commercial general liability insurance with coverage
at least as broad as Insurance Services Office form CG 00 01, in an amoun t not less than $1,000,000 per
occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The
policy must include contractual liability that has not been amended. Any endorsement restricting
standard ISO “insured contract” language will not be accepted.
Workers’ compensation insurance. SLOMA shall maintain Workers’ Compensation Insurance (Statutory
Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). SLOMA shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees, and volunteers.
Property insurance. The Museum of Art located at 1010 Broad St, San Luis Obispo, CA is included on the
City’s property insurance schedule. However, upon commencement of construction of SLOMA
improvements and betterments, or installation of equipment, with approval of City, SLOMA shall obtain
and maintain insurance on SLOMA’s improvements and betterments. Policy shall be provided for
replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such
policy.
Proof of insurance. SLOMA shall provide certificates of insurance and required endorsements to City as
evidence of the insurance coverage required herein. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City for the contract period and any additional length of time
required thereafter. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
Duration of coverage. SLOMA shall procure and maintain for the contract period, and any additional
length of time required thereafter, insurance against claims for injuries to persons or damages to
property, or financial loss which may arise from or in connection with the performance of the Work
hereunder by SLOMA, their agents, representatives, employees, or subconsultants.
Primary/noncontributing. Coverage provided by SLOMA shall be primary and any insurance or self-
insurance procured or maintained by City shall not be required to contribute with it. The limits of
insurance required herein may be satisfied by a combination of primary and umbrella or excess
insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the
City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does
not comply with these specifications or is canceled and not replaced, City has the right but not the duty
to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed
DocuSign Envelope ID: FFEE0361-D8CC-4980-8105-47CD8466C451
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF
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31
by SLOMA or City will withhold amounts sufficient to pay premium from SLOMA payments. In the
alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized
by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus
Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating
Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall
be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials,
employees, and volunteers or shall specifically allow SLOMA or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. SLOMA hereby
waives its own right of recovery against City and shall require similar written express waivers and
insurance clauses from each of its subconsultants. Enforcement of contract provisions (non estoppel).
SLOMA acknowledges and agrees that any actual or alleged failure on the part of the City to inform
SLOMA of non-compliance with any requirement imposes no additional obligations on the City nor does
it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this
section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to
be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the SLOMA maintains
higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the
higher limits maintained by the SLOMA. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. SLOMA agrees to oblige its insurance agent or broker and insurers to provide the
City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice
is required) or nonrenewal of coverage for each required coverage. If any of the SLOMA’s insurers are
unwilling to provide such notice, then SLOMA shall have the responsibility of notifying the City
immediately in the event of SLOMA’s failure to renew any of the required insurance coverages or
insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance
policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents,
and volunteers shall be additional insureds under such policies. Prohibition of undisclosed coverage
limitations. None of the coverages required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first submitted to City and approved of
in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds
ensuring that SLOMA’s insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any
cross-liability exclusions.
DocuSign Envelope ID: FFEE0361-D8CC-4980-8105-47CD8466C451
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF
CITY PROPERTY
32
Pass-through clause. SLOMA agrees to ensure that its subconsultants, subcontractors, and any other
party who is brought onto or involved in the project/service by SLOMA (hereinafter collectively
“subcontractor”), provide the same minimum insurance coverage and endorsements required of
SLOMA. SLOMA agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this section. However, in
the event SLOMA’s subcontractor cannot comply with this requirement, which proof must be submitted
to the City, SLOMA shall be required to ensure that its subcontractor provide and maintain insurance
coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s
scope of work and services, with limits less than required of the SLOMA, but in all other terms consistent
with the SLOMA’s requirements under this agreement. This provision does not relieve the SLOMA of its
contractual obligations under the agreement and/or limit its liability to the amount of insurance
coverage provided by its subcontractors. This provision is intended solely to provide SLOMA with the
ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but
may not carry the same insurance limits as required of the SLOMA under this agreement given the
limited scope of work or services provided by the subcontractor. SLOMA agrees that upon request, all
agreements with subcontractors, and others engaged in the project, will be submitted to City for review.
City’s right to revise specifications. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the SLOMA ninety (90) days
advance written notice of such change. If such change results in substantial additional cost to the
SLOMA, the City and SLOMA may renegotiate SLOMA’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City
reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a
deductible, or require proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. SLOMA shall give City prompt and timely notice of claims made or suits
instituted that arise out of or result from SLOMA’s performance under this Agreement, and that involve
or may involve coverage under any of the required liability policies.
Additional insurance. SLOMA shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its proper protection.
SLOMA’s personal property, fixtures, equipment, inventory, and vehicles are not insured by City against
loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any
other cause.
DocuSign Envelope ID: FFEE0361-D8CC-4980-8105-47CD8466C451
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AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART FOR USE OF
CITY PROPERTY
33
Exhibit E
[Placeholder for description of the City Property]
DocuSign Envelope ID: FFEE0361-D8CC-4980-8105-47CD8466C451
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Page 212 of 243
1010 BROAD STREET at Mission Plaza
POST OFFICE BOX 813
SAN LUIS OBISPO, CA 93406
PH: 805-543-8562
INFO@SLOMA.ORG
Ermina Karim
Chair
Barbara Bell
Immediate Past
Chair
Cheryl Cuming
Secretary
Trudie Safreno
Treasurer
John Dunn
Board Member
Charles Feltman
Board Member
Lindsey Harn
Board Member
Beya Makekau
Board Member
David Richards
Board Member
Leann Standish
Executive Director
Public Art Partnership May 8, 2025
The San Luis Obispo Museum of Art seeks to renew our contract with the City of
San Luis Obispo to help fulfill the City’s Public Art Goals. Specifically, the Museum
will provide expertise, connections, logistical management, communications, and
engagement leadership.
As the Museum works to connect with artists and their representatives throughout
the region and the world, the leadership team will also identify projects appropriate
for fulfillment of the City’s public art program. San Luis Obispo encourages Public
Art that respects our past and embraces the future; supporting all members and
facets of the community and the pursuit of sustainability, diversity, and inclusivity.
The City of San Luis Obispo strives to incorporate these values into public spaces
through the proliferation of public art.
The Museum’s leadership will facilitate this process for annual City Public Art
projects (detailed in the contract) including:
•Identifying and prioritizing projects and artists for consideration
•Work within budget determined by City for each project
•Work with City staff to review potential installation sites and site work
•Meetings with artists to discover considerations such as materials, shipping,
installation, scheduling, and sustainability
•Working with multiple agencies to determine viability of project including
structural engineers, traffic safety, lighting, disruptions, and community interest
•Provide a City-approved maintenance plan for each project
•Develop project overview for presentation to City Manager, City Council and
select City Staff
•Processing the project expenses and permits
•Monitor and report all code requirements and permit fulfillment
•Identifying and invite key stakeholders to engage in committee process
•Work with artist for presentation to key stakeholders committee
•Develop communications role out program following feedback from
stakeholders committee
•Identifying and engaging appropriate community partners
•Work with City representatives to ensure maximum community engagement
and media coverage
•Arrange for all on-site signage and all copy for City communications, with City
approval
Page 213 of 243
1010 BROAD STREET at Mission Plaza
POST OFFICE BOX 813
SAN LUIS OBISPO, CA 93406
PH: 805-543-8562
INFO@SLOMA.ORG
Ermina Karim
Chair
Barbara Bell
Immediate Past
Chair
Cheryl Cuming
Secretary
Trudie Safreno
Treasurer
John Dunn
Board Member
Charles Feltman
Board Member
Lindsey Harn
Board Member
Beya Makekau
Board Member
David Richards
Board Member
Leann Standish
Executive Director
Additionally, SLOMA will present monthly written status updates regarding
budget, process updates, and projects in research phase.
The Museum’s expertise negates the need for RFQ’s and streamlines the
process. SLOMA leadership is committed to maintaining a consistent balance
of regional, national, and international artists as a part of a robust public art
program.
The San Luis Obispo Museum of Art leadership team has decades of
experience in arts management and community engagement. SLOMA’s
Chief Curator and Director of Education holds two hold a master’s degree in
educational leadership from Cal Poly and one curating from the University of
Denmark.
SLOMA undergoes an extensive vetting process for each piece of artwork
to determine its overall value to the SLO community. Elements taken into
consideration include level of artistic excellence, interactivity, innovative
qualities, originality and durability. Additionally, SLOMA considers the City
of SLO’s DEI objective that envisions a San Luis Obispo that is welcoming,
inclusive and safe when considering both the artists, artwork and community.
SLOMA prioritizes working with artists who demonstrate prior experience with
public art projects, including familiarity with site-specific design and materials
suitable for public outdoor settings.
SLOMA’s ongoing programming allows for an additional platform for the
community to engage with each project artist and the depth of their work.
The San Luis Obispo Museum of Art requests an annual fee of $100,000 for this
service.
Leann Standish
SLOMA Executive Director
Page 214 of 243
Item 5j
Department: Human Resources
Cost Center: 3050
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
Prepared By: Kate Auslen, Risk and Benefits Manager
SUBJECT: AUTHORIZE SELF-INSURED RETENTION INCREASE WITHIN THE
CALIFORNIA JOINT POW ERS INSURANCE AUTHORITY’S GENERAL
LIABILITY EXCESS PROTECTION PROGRAM
RECOMMENDATION
Adopt a draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving an Increase to the Self-Insured Retention Limit within the
California Joint Powers Insurance Authority’s General Liability Excess Insurance
Program.”(Attachment A)
POLICY CONTEXT
This item aligns with the Economic Resiliency, Cultural Vitality and Fiscal Sustainability
Major City Goal.
DISCUSSION
Background
The City of San Luis Obispo became a member of the California Joint Powers Insurance
Authority (CJPIA) on July 1, 2004, for participation in the general liability and workers’
compensation programs. Membership in the CJPIA means sharing risk with other
member agencies, who assist each other in keeping the cost of claims down by following
risk management best practices. By sharing risk, the cost to an agency for a year with
significant claims experience is somewhat mitigated and spread out across many
agencies.
In 2016, the City Council approved transitioning from the “first dollar” primary program to
CJPIA’s excess protection program for general liability with a Self -Insured Retention (SIR)
of $500,000. This means that the City pays claims costs up to $500,000 before CJPIA
liability coverage begins to pay the “excess” costs beyond $500,000. In 2023, a cost
analysis was completed showing that the transition to the excess program for liability has
resulted in savings of approximately $400,000 per year since the transition occurred. In
2024, the City Council approved a transition to CJPIA’s excess protection program (EPP)
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Item 5j
for workers’ compensation with a Self-Insured Retention (SIR) of $500,000, also resulting
in significant savings.
Proposed Change
CJPIA provided the following member contribution estimates at different SIR levels for FY
2025-26:
Table 1: City of San Luis Obispo Member Contribution Estimates at Different SIR Levels
Self-Insured Retention CJPIA Member
Contribution Estimate Savings ($) Savings (%)
$500,000 (Current) $1,483,000 $0 0%
$750,000 $1,267,000 $216,000 15%
$1,000,000 (Proposed) $1,191,000 $292,000 20%
$1,250,000 $1,142,000 $341,000 23%
$1,500,000 $1,084,000 $399,000 27%
The total cost of general liability claims consists of three components:
1. The annual CJPIA member contribution
2. Direct claim costs up to the self-insured retention amount
3. A fee paid to the City’s Third-Party Administrator, Carl Warren & Co., for claims
management services
The CJPIA member contribution is calculated based on three key factors: the City’s loss
history over a rolling five-year period, changes in payroll, and actuarially determined
program rates.
Actuarially determined program rates are affected by overall pool performance
fluctuations year over year. These factors are used to determine the city’s share of
pooled-loss funding requirements, share of the pool’s excess insurance purchases, and
operating expenses.
The five-year rolling average for claim experience has a large impact on the calculation,
according to CJPIA. The City’s five-year rolling average included in the FY 2025-26 CJPIA
member contribution estimate spans FY 2018-19 through FY 2022-23. Two unusually
high claim years fall within this period, as illustrated in Table 2 below.
These figures include reserve amounts for claims not yet settled, so they are subject to
change. However, the FY 2023-24 appears to be an unusually low year, which could
favorably impact the City’s CJPIA member contribution for FY 2026-27.
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Item 5j
Table 2: Five-Year Rolling Average for Claim Experience
Coverage Year Direct Claim Costs
2018-19 $799,903
2019-20 $496,738
2020-21 $1,119,459*
2021-22 $947,701*
2022-23 $1,611,143*
2023-24 $184,476*
*Actual + Remaining Reserve
Selecting a self-insured retention amount is a matter of risk tolerance. The higher the SIR,
the more responsibility the City has in paying direct claims costs rather than relying on
the CJPIA member pool to share the costs. By taking on that risk, the City saves a portion
of the premiums, or CJPIA member contribution, that would have otherwise been paid.
The savings may be used to build up the insurance fund reserve to pay future claims
costs. Alternatively, a lower SIR entails less risk of unusually high claim amounts being
paid out, but also comes with a higher annual CJPIA member contribution.
It is becoming more common for public entities to se lf-insure a portion of both general
liability and workers’ compensation programs to contain overall costs. Currently, 14 out
of 127 CJPIA member agencies participate in the excess protection program for general
liability, with SIR’s ranging from $150,000 to $1,000,000. This represents approximately
11% of all member agencies, up from approximately 2.4% in FY 2016 -17 when the City
first joined the general liability excess protection program. Given the City’s strong record
of claim management and risk management practices, CJPIA considers the City a strong
candidate for a higher SIR and is supportive of the increase.
During the eight (8) fiscal years the City has participated in the general liability excess
protection program (FY 2016-17 to FY 2023-24), one (1) claim out of 557, or 0.18% of
claims, has risen above the $500,000 self -insured retention, and one (1) additional claim
that is anticipated to fall above that amount is still pending settlement. Across CJPIA
member agencies, claims between $500,000 and $1,000,000 represent 38 claims out of
10,823, or 0.35% of all claims between FY 2019-2024. Therefore, it appears to be low
risk to take on a higher self -insured retention level.
Staff recommends increasing the SIR from $500,000 to $1,000,000 starting in FY2025-
26. The SIR will remain at $1,000,000 until changed by Council. This means that the City
would pay general liability claims up to $1,000,000 before CJPIA begins to pay the
“excess” costs beyond $1,000,000. Making this change would result in a savings of
approximately $292,000 for the member contribution paid to CJPIA in the first year and
ongoing savings thereafter, assuming trends in claim costs remain steady. The new SIR
would apply to claims filed July 1, 2025, or later. Expenses for existing claims that are still
pending would apply to the previous SIR in place on the date of the claim.
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Item 5j
Previous Council or Advisory Body Action
On June 21, 2016, the City Council approved entry into CJPIA’s excess protection
program for general liability with a Self -Insured Retention (SIR) of $500,000 to contain
insurance costs.
ENVIRONMENTAL REVIEW
The recommended action is not a “project” under the California Environmental Quality
Act, because there is no potential that it will result in a direct physical change or
reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-26
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A N/A N/A N/A
State
Federal
Fees
Other:
Insurance Fund
N/A -292,000
Total $0 $0 $0 $-292,000
In the first year, there will be an immediate savings of approximately $292,000 in general
liability program costs, due to a reduced CJPIA member contribution. However, if the City
incurs unusually large losses, between $500,000 and $1,000,000, those losses would
reduce or eliminate the savings achieved. For example, if expenses for a particular claim
total $792,000 during FY 2025-26, then the City would break even compared to the CJPIA
member contribution that would have been paid at the current $500,000 SIR.
Staff recommends retaining any accrued savings in the insurance fund reserve to pay
future claims costs and align the reserve more closely with actuarial recommendations.
The City’s Fund Balance and Reserve Policy establishes that the Insurance Fund will
maintain funding to cover 150% of the average claim costs for the past five years , which
would total $1,307,855 for FY 2019-20 to FY 2023-24. The policy also states that actuarial
information will be taken into consideration. Based on the most recent actuarial report
dated November 18, 2024, the City should maintain a reserve of $3,392,000 for liability
claims and $1,578,000 for workers’ compensation claims, totaling $4,970,000, if funding
at a 75% confidence level. Confidence levels, or probability levels, are used by actuaries
Page 218 of 243
Item 5j
to estimate the probability that funding will be sufficient to cover the costs of current and
potential future claims based on trend data available. The insurance fund reserve is
anticipated to be $2,891,767 at the end of FY 2024-25. This is below the lowest probability
level provided by the actuary, which is 55%, or a reserve of $4,553,000. Higher SIR levels
generally result in higher reserve recommendations.
ALTERNATIVES
1. Council could decide to make no change to the self-insured retention amount.
This would result in a higher member contribution to CJPIA in FY 2025 -26 and future
years. It may also be a lower risk option if the City experiences unusually high liability
claim losses, above $500,000.
2. Council could direct an increase to an alternative self-insured retention amount,
such as $750,000 or $1,250,000. A shift to a $750,000 SIR would result in less
savings and less risk compared to the $1,000,000 SIR, and a shift to a higher self-
insured retention amount would result in more savings and more risk, as discussed
above.
ATTACHMENTS
A - Draft Resolution authorizing a self-insured retention increase from $500,000 to
$1,000,000 for the CJPIA General liability excess protection program.
Page 219 of 243
Page 220 of 243
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN INCREASE TO THE SELF-
INSURED RETENTION LIMIT WITHIN THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY’S LIABILITY EXCESS INSURANCE
PROGRAM
WHEREAS, the City of San Luis Obispo became a member of the California Joint
Powers Insurance Authority (CJPIA) in 2004 for participation in the General Liability
Primary Insurance Program; and
WHEREAS, the City of San Luis Obispo entered CJPIA’s General Liability Excess
Protection Program (EPP) in FY 2016-17 with a Self-Insured Retention (SIR) level of
$500,000; and
WHEREAS, CJPIA’s EPP allows members to select an SIR that best fits their
claims experience and ability to appropriately self-insure; and
WHEREAS, increasing the City of San Luis Obispo’s SIR limit to $1,000,000 will
likely reduce insurance costs when compared to an SIR of $500,000; and
WHEREAS, the City of San Luis Obispo’s current Memorandum of Coverage
delegates claim settlement authority to CJPIA and the City desires for that to continue;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. General Liability coverage for the City of San Luis Obispo through
the Excess Protection Program of the California JPIA (EPP) with an SIR of $1,000,000 is
hereby authorized and directed effective July 1, 2025.
SECTION 2. The City Manager or their designee is authorized to execute an
agreement with Carl Warren and Company in a form subject to the approval of the City
Attorney for third party administration services for the general liability EPP, and any other
documents required for participation in and administration of the general liability EPP.
SECTION 3. Appropriate officers of the City of San Luis Obispo are authorized to
pay the annual member contribution for the Excess Protection Program (EPP) to the
California JPIA.
SECTION 4. The City Manager or designee shall work with CJPIA to fund the
appropriate trust accounts to ensure claim settlement amounts within the SIR are available.
SECTION 6. The City Manager or designee is authorized to act as the City’s
“Authorized Representative” for compliance with “Medicare, Medicaid, SCHIP Extension
Act 2007” Section 111.
Page 221 of 243
Resolution No. _____ (2025 Series) Page 2
R ______
SECTION 7. The City Clerk shall certify the adoption of this resolution.
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 25.
___________________________
Mayor Erica A. Stewart
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 222 of 243
Item 5k
Department: Human Resources
Cost Center: 3001
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
Prepared By: Amy Fletcher, Human Resources Analyst
SUBJECT: APPROVE THE AFFORDABLE CARE ACT REPORTING AND
TEMPORARY EMPLOYEE ELIGIBILITY POLICY IN COMPLIANCE WITH
THE AFFORDABLE CARE ACT
RECOMMENDATION
1. Adopt a draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, adopting the Affordable Care Act Reporting and Temporary
Employee Eligibility Policy.” (Attachment A)
2. Authorize the City Manager to make future administrative changes to the policy as
deemed necessary to remain compliant with Affordable Care Act.
POLICY CONTEXT
The Affordable Care Act Reporting and Temporary Employee Eligibility Policy formalizes
the City’s compliance with the Affordable Care Act. On October 1, 2013, the City Council
approved Resolution #10461 adopting policy guidelines to comply with Affordable Care
Act that went into effect for coverage starting January 1, 2015. In the event of an audit,
the City will be able to present this policy as evidence of compliance with the Affordable
Care Act.
DISCUSSION
Background
The federal Affordable Care Act (hereinafter referred to as “ACA”) became law in March
2010. Implementation of this complex legislation was phased in from 2010 through 2018,
requiring employers and insurance companies to make necessary changes to remain in
compliance. A significant aspect of the ACA that went into effect in January 2015 is
referred to as the Employer Shared Responsibility Provision, or more commo nly known
as the “Play or Pay Mandate.” This provision of the ACA assesses penalties for all large
employers (defined under the ACA as employers having over 50 full -time equivalent
employees) who do not offer health insurance coverage that is “Affordable” and of
“Minimum Value” to full-time employees as defined in the regulation. The City’s practice
is to offer health insurance to all regular and limited-term contract employees and ACA
extends these benefits to temporary employees that are considered full time based on
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Item 5k
hours worked. Full-time under the ACA is defined as an employee who works 30 hours
per week or is expected to average at least 30 hours of work each week for the relevant
measurement period as described in the policy.
On October 1, 2013, the City Council approved Resolution #10461 adopting policy
guidelines to comply with ACA. These policy provisions went into effect for coverage
starting January 1, 2015. Included in that Resolution was adoption of the Rate of Pay
Safe Harbor method1 to determine the affordability of minimum essential coverage that is
offered to the City’s full-time employees. At the same time, the 12-month measurement
period was adopted, which the City uses to determine whether an employee is considered
full time under the ACA.
Pursuant to the Affordable Care Act, the City is required to report annually on its offers of
coverage to employees. The City produces and provides a Form 1095-C to each covered
employee and reports the information to both the Internal Revenue Service (“IRS”) and
the California Francise Tax Board via an electronic Form 1094-C.
City staff regularly consult with the law firm Liebert Cassidy Whitmore (“LCW ”) on a variety
of employment law matters and learned that while the ACA has been in place for a number
of years, the IRS has begun increasing its audits and enforcement. This encouraged City
staff to conduct a review of current City practices related to ACA reporting and offers of
coverage under the guidance of LCW. As a result, it was recommended that the City
adopt a policy to formally document its reporting and eligibility practices so it would be
simpler to prove compliance should questions or audits arise. These practices are
outlined in the ACA Reporting and Temporary Employee Eligibility Policy (Attachment B).
Proposed Policy
While minor enhancements to the City’s current procedures were made, the policy largely
serves to formalize the City’s current practices. If the City receives questions in the future
regarding its compliance with ACA guidelines, the policy will help the City more easily
demonstrate its alignment with those requirements. In addition to the new policy, City staff
took the opportunity to clarify other documents used in the process of offering insurance
coverage, such as the language contained in various Memoranda of Understanding with
bargaining groups regarding cash-in-lieu for employees who opt out, as well as the waiver
form that employees who opt out are required to sign annually.
The policy provides an overview of the general requirements of the ACA and the City’s
statement of policy regarding offers of health insurance coverage. The policy lays out how
temporary employees are deemed eligible for coverage, using their hours of service and
a standard measurement period that occurs annually. It also describes different
employment statuses such as newly hired, ongoing, seasonal vs. variable hour, break in
service or on unpaid leave, and how their status impacts their eligibility. The policy also
1 The Rate of Pay Safe Harbor uses an employee's hourly rate or monthly salary to determine if their
health insurance is affordable. To be considered affordable under this safe harbor, an employee's
contribution for self-only coverage must not exceed a percentage set by the IRS each year (9.02% for
2025).
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Item 5k
details the method used to determine affordability under the ACA and how the City
determines the employee’s premium contribution .
Previous Council or Advisory Body Action
On October 1, 2013, the City Council established the City’s intent to comply with the
ACA’s requirements for Employer Shared Responsibility. See Resolution No. 10461.
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
There is no impact from the recommendations included in the report because the new
policy formalizes current practices.
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
ALTERNATIVES
1. Council could decide not to adopt this policy. The policy demonstrates
compliance with the provisions of the Affordable Care Act and is consistent with the
City’s current practices. Without the policy, the City may be vulnerable to IRS
penalties.
2. Council could decide to modify the City’s practices related to ACA compliance.
Changes to the method of determining eligibility or affordability for minimum essential
coverage would require staff to consult with legal counsel to ensure continued
compliance and determine any fiscal impact to making the change(s).
ATTACHMENTS
A - Draft Resolution Implementing the ACA Reporting and Temporary Employee Eligibility
Policy”
B - Exhibit 1 - Draft ACA Reporting and Temporary Employee Eligibility Policy
Page 225 of 243
Page 226 of 243
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING THE AFFORDABLE CARE ACT
REPORTING AND TEMPORARY EMPLOYEE ELIGIBILITY POLICY
WHEREAS, the City Council adopted Resolution No. 10461 (2013 Series)
establishing the City’s intent to comply with the Affordable Care Act Employers Shared
Responsibility; and
WHEREAS, the City desires to formalize its current practices and best practices
related to the Affordable Care Act compliance in a standalone policy.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby adopts the Affordable Care Act Reporting
and Temporary Employee Eligibility Policy, attached as Exhibit 1.
SECTION 2. The City Council hereby delegates authority to the City Manage r to
make future administrative changes to the policy as deemed necessary to remain
compliant with the Affordable Care Act.
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 _______________ 2025.
___________________________
Mayor Erica A. Stewart
ATTEST: APPROVED AS TO FORM:
______________________ ______________________
Teresa Purrington, City Clerk 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 227 of 243
Page 228 of 243
Revised 04/29/25 Page 1 of 9 Policy Number
ACA Reporting and Temporary
Employee Eligibility Policy
PURPOSE: ................................................................................................................................ 2
SCOPE ...................................................................................................................................... 2
THIS POLICY APPLIES TO ALL CITY OF SAN LUIS OBISPO EMPLOYEES. ........................ 2
COMPLIANCE ........................................................................................................................... 2
STATEMENT OF POLICY: ........................................................................................................ 2
LOOKBACK SAFE HARBOR: .................................................................................................. 3
1. Hours of Service Calculation: ......................................................................................... 3
2. Ongoing Employees: ...................................................................................................... 3
3. Newly Hired Employees ................................................................................................. 4
4. New Variable Hour, New Seasonal, and New Part-Time Employees: ............................. 5
5. New Variable Hour, Part-Time or Seasonal Employee’s Change in Status During Initial
Measurement Period .............................................................................................................. 6
6. Transitioning from New to Ongoing Employee ................................................................ 6
7. Breaks In Service ........................................................................................................... 7
8. Special Unpaid Leave ..................................................................................................... 7
AFFORDABILITY SAFE HARBORS: ........................................................................................ 7
1. Rate of Pay Safe Harbor ................................................................................................ 7
2. Form W-2 Safe Harbor ................................................................................................... 8
3. Federal Poverty Line Safe Harbor .................................................................................. 8
4. Required Premium Contribution:..................................................................................... 8
REVISIONS/UPDATES TO POLICY: ........................................................................................ 9
LEGAL AUTHORITY: ................................................................................................................ 9
APPROVAL AUTHORITY: ........................................................................................................ 9
QUESTIONS:............................................................................................................................. 9
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City of San Luis Obispo –ACA Reporting and Temporary Employee Eligibility Policy
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PURPOSE:
To formally document the City’s practices related to “Lookback Measurement Method Safe
Harbor” (hereinafter referred to as the “Lookback Safe Harbor”) under the Patient Protection and
Affordable Care Act (“ACA”) for purposes of (1) identifying “full-time” employees for the IRS
reporting requirements related to the Employer Mandate as to all employees, and (2) determining
eligibility for an offer of coverage for Temporary Employees, also known as Supplemental
Employees, unless otherwise provided by an alternative policy or written agreement.
SCOPE
This policy applies to all City of San Luis Obispo employees.
COMPLIANCE
The City of San Luis Obispo (“City”) is considered a “large employer” for the purposes of the
Shared Responsibility Provisions (26 United States Code Section 4980H) of the ACA. The City is
also considered a “large employer” for the purposes of 26 United States Code Section 6056 and,
therefore, is subject to the reporting requirements referenced therein.
The Internal Revenue Service (“IRS”) may assess a penalty on the City if (1) it fails to offer
“substantially all” of its full-time employees (and their dependents) the opportunity to enroll in
minimum essential coverage or offers coverage to “substantially all” of its f ull-time employees
(and their dependents), but that coverage is either “unaffordable” or does not provide “minimum
value” and (2) any full-time employee receives a subsidy for coverage through the exchange
(“Employer Mandate”).
The IRS requires the City to report the identity of, number of, and coverage offered to, full-time
employees, subject to certain potential alternative reporting.
Per the requirements of the ACA, the City is required to establish and maintain a process f or
determining when employees are eligible for health insurance.
STATEMENT OF POLICY:
The City offers health insurance coverage to all full-time employees and those employees who
are regular part-time (defined as working 30 hours a week or more) under applicable collective
bargaining agreements or resolutions.
Regular or contract full-time and part-time employees are offered health insurance in compliance
with CalPERS rules, which state that an eligible employee may enroll in coverage within the first
60 days of employment, and coverage is effective the first of the month following the enrollment
election date.
Nothing in this policy shall be construed as the City’s determination for eligibility for health
coverage as to any represented employee, any Unrepresented Confidential or Unrepresented
Management employee, or employee under contract with the City, including City Council
members. Qualification for health coverage for such employees shall continue to be governed by
the terms of any applicable Memorandum of Understanding or other applicable Resolution or
contract.
This policy also establishes the Affordability Safe Harbors to determine affordability of coverage
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City of San Luis Obispo –ACA Reporting and Temporary Employee Eligibility Policy
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offered, if any, for the Employer Mandate and reporting requirements.
LOOKBACK SAFE HARBOR:
The City adopts the Lookback Safe Harbor in order to determine the Hours of Service of all
temporary employees. Hours of Service are measured during the specified measurement period.
If the employee averages 30 Hours of Service per week over the course of the specified
measurement period, the City will report to the IRS the employee’s status as full-time under the
ACA for months during the stability period associated with that measurement period, subject to
the following rules. If a Temporary Employee averages 30 Hours of Service per week over the
course of the specified measurement period, the City will provide an offer of health coverage for
the stability period associated with the measurement period.
1. Hours of Service Calculation: “Hours of Service” means each hour for which an
employee is paid, or entitled to payment for the performance of duties for the City and
each hour for which an employee is paid or entitled to payment for a period of time during
which no duties are performed due to vacation, holiday, illness, incapacity (including
disability), layoff, jury duty, military duty or leave of absence.
For Hourly Employees: The City will calculate actual Hours of Service from records of
hours worked and hours for which payment is made or due.
Bona fide Volunteer: The City is not required to determine Hours of Service for a bona fide
volunteer. A bona fide volunteer is an individual whose only compensation from the City
is in the form of (a) reimbursement (or reasonable allowance) for reasonable expenses
incurred in the performance of volunteer service; or (b) reasonable benefits and nominal
fees, customarily paid by similar entities in connection with the performance of services
by volunteers.
2. Ongoing Employees: An ongoing employee is an employee who has been employed for
at least one complete Standard Measurement Period. The City establishes the Lookback
Safe Harbor with regard to all ongoing employees as follows:
Standard Measurement Period: November 2 through November 1
The Standard Measurement Period is the span of months during which an employee’s
hours of service are measured to determine whether that employee qualifies as full-time.
Administrative Period: November 2 through December 31
The Administrative Period is the period of time between the Standard Measurement Period
and the Stability Period, where the City makes the offer of coverage to eligible employees
and completes any applicable enrollments.
Stability Period: January 1 through December 31
The Stability Period is the time period that employers must offer health coverage to all
employees who were determined to be full-time during the standard measurement period.
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The City will use these periods for reporting purposes and to determine whether a Temporary
Employee is eligible for coverage. Temporary Employees who average at least 30 hours per week
during the Standard Measurement Period are treated as full-time employees for purposes of
eligibility for health insurance during the entire Stability Period. If an ongoing employee’s
employment status changes (from full-time to less than full-time or vice versa) before the end of
a Stability Period, the change in status will not affect the classification of that employee’s status
for the remaining portion of the Stability Period.
Monthly Lookback reports will continue to be run to ensure employees are being reviewed for
eligibility.
The City will not consider these specific time periods when deciding if an employee, whether they
are represented, unrepresented management, unrepresented confidential, or under contract,
qualifies for a benefits offer. This determination is outlined in the collective bargaining agreement,
resolution, or relevant contract, not based on these specific periods.
3. Newly Hired Employees: For employees who are new to employment with the City and
who have not been employed for at least one complete Standard Measurement Period,
the City will determine which of the following applies:
a. New Seasonal Employees: An employee who is hired into a position for which the
customary annual employment is six months or less is considered a seasonal
employee. The City will measure a new seasonal employee’s Hours of Service using
the Initial Measurement Period indicated in Section 5.
b. New Non-Seasonal Employees: On the start date of a new non-seasonal employee,
the City will determine (based on the facts and circumstances at the employee’s start
date and after analyzing the position pursuant to the Supplemental Employee Policy),
whether the employee is reasonably expected to be a full-time employee. The City will
look at the following factors to determine whether an employee is reasonably expected
to be a full-time employee:
Whether the employee is replacing a full-time employee;
Extent to which Hours of Service of ongoing employees in the same or
comparable positions have varied above and below an average of 30 Hours
of Service per week during recent measurement periods;
Whether the job was advertised or communicated to the employee as
requiring an average of 30 or more Hours of Service per week;
Whether the job was documented (through a contract or job description) as
requiring an average of 30 or more Hours of Service per week.
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No single factor is determinative.
c. New Full-Time Employees: If the City determines (pursuant to Section 3.b.) that the
employee is reasonably expected to average at least 30 Hours of Service per week,
the City will offer coverage within 60 days of the Temporary Employee’s start date.
d. New Part-Time Employee: If the City determines (pursuant to Section 3.b.) that the
employee is reasonably expected to average less than 30 Hours of Service per week
during the Initial Measurement Period, then the employee will be a part-time employee.
The City will measure a new part-time employee’s Hours of Service using the Initial
Measurement Period indicated in Section 5.
e. New Variable Hour Employees: If the City cannot determine (pursuant to Section 3.b.)
whether the employee is reasonably expected to be employed on average at least 30
Hours of Service per week during the Initial Measurement Period because the
employee’s hours are variable or uncertain, then the employee will be a variable hour
employee. The City may not take into account the likelihood that the employee may
terminate employment before the end of the Initial Measurement Period. The City will
measure a new variable hour employee’s Hours of Service using the Initial
Measurement Period indicated in Section 5.
4. New Variable Hour, New Seasonal, and New Part-Time Employees: The City
establishes the following periods for new variable hour, new seasonal, and new part-time
employees:
Initial Measurement Period
The City will measure the hours of service for the employee for the first 12 months of their
employment, beginning on the first of the month following the hire date (unless the
employee starts on the first day of the month, in which case the Initial Measurement Period
begins on the start date).
Initial Administrative Period
The City will designate the 60 days following the Initial Measurement Period as the Initial
Administrative Period.
Initial Stability Period
The City designates the 12 months following the end of the Initial Administrative Period,
as the Initial Stability Period.
During the Initial Measurement Period, the City will measure the Hours of Service
completed by the new variable hour, seasonal, or part-time employee and determine
whether the employee completed an average of 30 Hours of Service per week or more. If
the employee averages 30 or more Hours of Service per week during the Initial
Measurement Period, they will be offered enrollment in health insurance for the Initial
Stability Period.
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However, if the new variable hour, part-time or seasonal employee does not measure as
a full-time employee during the initial measurement period, then the City will use the
standard stability period that is associated with the overlapping standard measurement
period to transition the employe to an Ongoing Employee status, which will determine
eligibility for coverage.
5. New Variable Hour, Part-Time or Seasonal Employee’s Change in Status During
Initial Measurement Period:
If a new variable hour, part-time, or seasonal employee’s position changes during the Initial
Measurement Period, and had the employee started their employment in that new position, the
City would have reasonably expected that new employee to average at least 30 Hours of Service
per week, then for purposes of identifying a full-time employee for reporting purposes only, an
employee will be considered a full-time employee on the earlier of: (1) the first day of the fourth
full calendar month following the change in employment status; or (2) the first day of the first
month following the end of that employee’s Initial Measurement Period if the employee averaged
30 or more Hours of Service per week during the Initial Measurement Period.
If a new Temporary variable hour, part-time, or seasonal employee’s position changes during the
Initial Measurement Period, and had the employee started his or her employment in that new
position, the City would have reasonably expected that employee to average at least 30 Hours of
Service per week, then for purposes of offering health coverage to Temporary employees, the
City will offer health coverage to the employee on the first day of the month following the change
in status to full-time.
6. Transitioning from New to Ongoing Employee:
The City will measure the Hours of Service of a new variable hour, seasonal, or part-time
employee during the first complete Standard Measurement Period for which they are employed.
This means that a new variable hour, seasonal, or part-time employee’s Hours of Service will be
measured both under an Initial Measurement Period and, at the same time, be measured under
the overlapping Standard Measurement Period.
a. If an employee’s Hours of Service measure as full-time during the Initial Measurement
Period, the employee will retain full-time status for the entire associated Stability Period
(even if the employee does not qualify as full-time during the Standard Measurement
Period).
b. If an employee’s Hours of Service do not measure as full-time during the Initial
Measurement Period, but do measure as full-time during the Standard Measurement
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Period, the employee must be treated as full-time during the Stability Period associated
with the Standard Measurement Period (even if that Stability Period starts before the end
of the Stability Period associated with the Initial Measurement Period).
7. Breaks In Service:
When an employee experiences a break in service without providing at least one Hour of Service,
the employee will retain the status the employee had previously with respect to any Stability
Period, except that an employee will be treated as a new employee if:
a. the employee resumes employment after a period of at least 13 consecutive weeks
with less than an Hour of Service; or
b. the employee’s period of no service (measured in weeks) is at least four
consecutive weeks long and exceeds the number of weeks of that employee’s
period of employment immediately preceding the period of no service (after
application of averaging Special Unpaid Leave as set forth in Section 9).
8. Special Unpaid Leave:
Special Unpaid Leave is defined only as unpaid leave under the Family and Medical Leave Act of
1993, unpaid leave under the Uniformed Services Employment and Reemployment Rights Act of
1994, or unpaid leave on account of jury duty. When an employee takes Special Unpaid Leave,
the City will determine the weekly average of Hours of Service by the employee for that portion of
the measurement period that is not part of the Special Unpaid Leave (“Average Weekly Hours of
Service”). The City will then determine, on a consistent basis, the average Hours of Service for
the entire measurement period using one of the following two methods:
a. exclude the period of Special Unpaid Leave and apply the Average Weekly Hours of
Service over the entire measurement period; or
b. credit the Average Weekly Hours of Service to the period of Special Unpaid Leave.
AFFORDABILITY SAFE HARBORS:
For reporting purposes only, the City intends to apply the Rate of Pay Safe Harbor to determine
the affordability of the minimum essential coverage that it offers its full-time employees. The City
in its sole discretion may also apply the Form W -2 Safe Harbor or Federal Poverty Line Safe
Harbor. These affordability safe harbors will be applied on a uniform and consistent basis for all
employees in a reasonable category. The 9.02 percent determination under the affordability safe
harbors applies for calendar year 2025 and shall be adjusted to reflect any indexing adjustments
made pursuant to 26 U.S.C. § 36B(c)(2)(C)(iv) (“Applicable Percentage Rate”).
1. Rate of Pay Safe Harbor
a. The City measures whether the employee’s Required Premium Contribution (as
defined in Section 4 below) for the calendar month toward the lowest cost self-only
coverage that provides minimum value exceeds the Applicable Percentage Rate
of the employee’s monthly wage.
b. For hourly employees, the monthly wage is equal to 130 hours multiplied by the
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City of San Luis Obispo –ACA Reporting and Temporary Employee Eligibility Policy
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employee’s hourly rate of pay as of the first day of the coverage period or the
employee’s lowest hourly rate of pay during the calendar month, whichever is
lower.
c. For salaried employees, the monthly wage is the monthly salary as of the first day
of the coverage period. However, if the monthly salary is reduced, including due
to a reduction in work hours, the safe harbor is not available. If the rate of pay
increases during the year, the City will use the lowest rate of pay for the year in the
calculation.
d. The coverage offered by the City will be deemed affordable if the employee’s
monthly Required Premium Contribution is equal to or less than the Applicable
Percentage Rate of the employee’s monthly wage.
2. Form W-2 Safe Harbor
a. The City measures whether the employee’s Required Premium Contribution for
the full calendar year for the lowest cost self-only coverage that provides minimum
value exceeds an amount equal to the Applicable Percentage Rate of the
employee’s Form W -2 wages (as reported in Box 1) for the calendar year in which
coverage is offered.
b. For an employee who is not offered coverage for an entire calendar year, the City
must adjust that employee’s Form W -2 wages to reflect the period for which
coverage was offered. To adjust wages, the Form W -2 wages are multiplied by a
fraction equal to the number of calendar months the City offered coverage over the
number of calendar months in the period of employment during the calendar year.
c. The coverage offered by the City will be deemed affordable if the employee’s
annual Required Premium Contribution is equal to or less than the Applicable
Percentage Rate of the employee’s Form W -2 wages as reported in Box 1 (or as
adjusted, for an employee who is not offered coverage or an entire calendar year).
3. Federal Poverty Line Safe Harbor
a. The City measures whether the employee’s Required Premium Contribution for
the calendar month for the lowest cost self -only coverage that provides minimum
value exceeds the Applicable Percentage Rate of the Federal Poverty Line (“FPL”)
for a single individual for the applicable calendar year, divided by twelve.
b. The City will use the FPL in effect within six months before the first day of the plan
year.
c. The coverage offered by the City will be deemed affordable if the employee’s
Required Premium Contribution is equal to or less than the Applicable Percentage
Rate of the monthly FPL for a single individual for the applicable calendar year.
4. Required Premium Contribution: The City will calculate the employee’s Required Premium
Contribution as follows:
a. Identify the premium cost for the lowest cost plan offered to the employee.
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b. Subtract any employer contribution that qualifies as a Health Flex Contribution.
A Health Flex Contribution is an employer contribution that cannot be cashed
out by the employee and cannot be applied to benefits other than health
insurance coverage.
REVISIONS/UPDATES TO POLICY:
This Policy is subject to change as regulations and guidance are issued relating to the ACA.
LEGAL AUTHORITY:
Title 26 United States Code section 4980H, (Internal Revenue Code);
Shared Responsibility for Employers Regarding Health Coverage,
26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8544 (Feb. 12, 2014);
Title 26 United States Code section 6056, (Internal Revenue Code);
Information Reporting by Applicable Large Employers on Health Insurance Coverage Offered
Under Employer Sponsored Plans,
26 CFR Parts 301 and 602, 79 Fed. Reg. 13231 (March 10, 2014).
APPROVAL AUTHORITY: The City Council has delegated authority to the City Manager for
future updates to this policy.
Responsible Department: Human Resources Department
Approved By: City Council
Date Adopted:
Date Revised: N/A
QUESTIONS:
For questions regarding this policy or to discuss a particular situation, please contact the Human
Resources Department at (805) 781-7250.
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Item 5m
Department: Utilities
Cost Center: 6102
For Agenda of: 6/3/2025
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Miguel Barcenas, Deputy Director Engineering and Planning
SUBJECT: AUTHORIZATION TO TRANSFER FUNDS FROM SEW ER FUND
COMPLETED PROJECTS AND AWARD THE FOOTHILL-SANTA ROSA
SEWER PIPELINE REPLACEMENT PROJECT, SPECIFICATION NO.
2000096
RECOMMENDATION
1. Authorize the transfer of $126,000 from Sewer Fund Completed Projects
(602.9501.71501) to the Foothill-Santa Rosa Sewer Pipeline Replacement Project,
Specification No. 2000096; and
2. Award a Construction Contract to Souza Engineering Contracting, Inc in the amount of
$598,591.00 for the Foothill-Santa Rosa Sewer Pipeline Replacement Project,
Specification No. 2000096; and
3. Authorize the Utilities Director to approve Contract Change Orders up to the available
project budget and any amended budget subsequently approved by the City Manager
up to $200,000.
POLICY CONTEXT
The action is consistent with General Plan Water and Wastewater Element Goal B 4.1 to
collect and convey all wastewater under safe and sanitary conditions to the Water
Resource Recovery Facility.
On February 4, 2025, the City Council authorized the advertisement for bids for the
Foothill–Santa Rosa Sewer Pipeline Replacement Project, Specification Number
2000096 (Project). City Council’s action also authorized the City Manager to award the
construction contract pursuant to Municipal Code Section 3.24.190 if the lowest
responsible bid is within the Engineer’s Estimate of $562,000. The lowest responsible bid
exceeds the Engineer’s Estimate by $126,000 and requires subsequent consideration
and authorization by City Council to award.
DISCUSSION
Background
The City Utilities and Public Works Departments have been coordinating with the
Page 239 of 243
Item 5m
California Department of Transportation (Caltrans) regarding a City sewer line
(constructed in 1965) that punctured and damaged an existing Caltrans storm drain within
the Santa Rosa/Foothill Boulevard intersection. The sewer line runs approximately
perpendicular to the storm drain. Based on the date of construction, the cause of the
damage is unknown, but the location of the storm drain puncture was verified through
video inspections of the pipe’s interior. The proposed plan to mitigate the conflict involves
reconstructing approximately 464 linear feet of the sewer main within Foothill Boulevard
to lower its elevation below the storm drain, improving vertical clearance between the
utilities by one foot or more. This effort will resolve the existing utility conflict, enhance the
functionality of both systems and ensure long-term reliability. The Project will also result
in a reduction of maintenance activities and inflow and infiltration that have previously
been recorded in this catchment area, and it will replace an existing deteriorated
maintenance hole. Caltrans is proposing a separate project to replace approximately 20
feet of the existing storm drain culvert within Santa Rosa/State Route 1 in the summer of
2025 at no cost to the City.
On February 4, 2025, the City Council authorized the advertisement for bids for the
Project. City Council also authorized 1) the City Manager to award the construction
contract if the lowest responsible bid is within the Engineer’s Estimate of $562,000 and
2) the City Engineer to approve Contract Change Orders up to the available pro ject
budget and any amended budget subsequently approved by the City Manager up to
$200,000. Bid packages were opened May 8, 2025, and the lowest responsible base bid
was received from Souza Construction in the amount of $598,591 (see table below, and
Attachment A), which exceeds the Engineer’s Estimate and requires subsequent
consideration and authorization by City Council to award.
Engineer’s
Estimate
RCH
Construction
Souza Engineering
Contracting, Inc
Base Bid $562,000 $562,501.85 $598,591
Add. Alt. $12,000 $7,758.48 $20,674
Bid with Add. Alt. $574,000 $570,260.33 $619,265
After reviewing the bid packets, the Bid Bond for RCH Construction was found to be
defective because the incorrect project name and scope were listed with the bid packet.
The bidder’s bond provided by RCH does not evidence a sufficient security for the
Foothill-Santa Rosa Sewer Pipeline Replacement Project . Therefore, the bid from RCH
Construction is non-responsive per Public Contract Code Section 20170-20171, which
requires all bids submitted by the deadline under a sealed cover to include a bidder’s
bond executed by an admitted surety insurer for the proposed work.
Bid documents for Souza Construction are in order, and project references meet the
minimum requirements. Staff is recommending the award of the Base Bid construction
contract to Souza Engineering Contracting, Inc., who are determined to be the lowest
Page 240 of 243
Item 5m
responsive and responsible bidder after review of the Bid Packet. The additive alternate
is currently rejected to preserve available funds for construction contingencies.
Previous Council or Advisory Body Action
This Project was identified in the 2023-25 Financial Plan Supplement (Fiscal Year 2024-
25 Supplemental Budget) that was approved by Council on June 4, 2024, with a budget
of $350,000.
As summarized above, on February 4, 2025, the City Council authorized the
advertisement for bids for the Project, including additional actions for funding, contract
award, and the approval of potential subsequent change orders.
Public Engagement
The project was identified in the 2023-25 Financial Plan Supplement (Fiscal Year 2024-
25 Supplemental Budget), which was adopted by the City Council at a public meeting
held on June 4, 2024. Public comment was open prior to and during the Council Meeting
when the 2024-25 Supplemental Budget was approved. The Project was also presented
on the City Council public meeting consent agenda (February 4, 2025), which provided
the opportunity for public comment. No public comments were received on the item.
CONCURRENCE
The City, including the Utilities and Public Works Departments, have been coordinating
with Caltrans regarding the proposed resolution to the utility conflict between the Caltrans
storm drain and the City’s sewer main. Caltrans concurs with the City’s proposed plans,
and the City will receive an encroachment permit from Caltrans prior to construction of
the project. The project also has the concurrence of the Public Works Department.
ENVIRONMENTAL REVIEW
On February 4, 2025, the City Council found the Project categorically exempt from
environmental review under California Environmental Quality Act (CEQA) Guidelines
Sections 15303 (New Construction or Conversion of Small Structures) and 15304 (Minor
Alterations of Land). The recommended action does not include any changes to the
Project and is consistent with Council’s previous determination .
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Foothill-Santa Rosa
Sewer Pipeline
$562,000 $0 $0 N/A
Page 241 of 243
Item 5m
Replacement,
Project (2000096):
Sewer Fund
Completed Projects
(602-9501-71501)
$356,331 $126,000 $230,331
Total $918,331 $126,000 $230,331 N/A
Foothill-Santa Rosa Sewer Replacement (2000096)
Construction Base Bid $598,591
Contingencies $74,000
Material Testing $9,600
Permitting $5,000
Printing $809
Total Cost of Project $688,000
Total Available Funding $562,000
Additional Funding $126,000
Remaining Balance $0
The Foothill-Santa Rosa Sewer Pipeline Replacement Project was budgeted in the 2023-
25 Financial Plan Supplement (Fiscal Year 2024-2025 Supplemental Budget, Page 60)
where it was allocated $350,000. On February 4, 2025, the City Council authorized the
transfer of $212,000 in funding from the Sewer Fund to the Project; therefore, funding for
this project has a current balance of $562,000 . Staff is recommending an additional
reallocation of $126,000 from the Sewer Fund Completed Projects account for a total
project budget of $688,000.
ALTERNATIVES
Deny transfer of $126,000 from the Sewer Fund to the Project. The City Council may
choose to deny the transfer of additional funding to the Project. If the additional funding
is denied, the bid would not be awarded and the Project would not be constructed . If the
Project is not constructed, the existing 1965 City-owned sewer main would remain in
conflict with the Caltrans storm drain. This action would halt the subsequent Caltrans
storm drain culvert replacement project and would leave the City’s existing sewer main
out of compliance with City Standard Specifications and Engineering Standards.
Forgoing this project would inhibit the City’s ability to improve maintenance accessibility,
address degradation of the existing maintenance hole, and minimize inflow and infiltration
into the affected wastewater collection system.
ATTACHMENTS
A - Foothill-Santa Rosa Sewer Pipeline Replacement, Specification Number 2000096 Bid
Tabulations
Page 242 of 243
Bid Opening 5/9/2025
Item #Item Description Unit of
Measure
Estimated
Quantity Item Price Total Item Price Total Item Price Total
1 TRAFFIC CONTROL PLAN AND IMPLEMENTATION LS 1 $ 50,000.00 $ 50,000.00 $ 79,773.89 $ 79,773.89 $ 47,900.00 $ 47,900.00
2 POTHOLING LS 1 $ 12,000.00 $ 12,000.00 $ 7,947.53 $ 7,947.53 $ 22,320.00 $ 22,320.00
3 REPLACE TRAFFIC STRIPING & MARKERS LS 1 $ 25,000.00 $ 25,000.00 $ 10,203.02 $ 10,203.02 $ 22,420.00 $ 22,420.00
4 OBTAIN AND COMPLY WITH NIGHT WORK PERMIT LS 1 $ 10,000.00 $ 10,000.00 $ 6,198.89 $ 6,198.89 $ 22,020.00 $ 22,020.00
5 WATER POLLUTION CONTROL AND EROSION/SEDIMENT CONTROL
PLAN LS 1 $ 5,200.00 $ 5,200.00 $ 6,462.14 $ 6,462.14 $ 2,385.00 $ 2,385.00
6 SHEETING, SHORING, AND BRACING LS 1 $ 16,000.00 $ 16,000.00 $ 27,487.22 $ 27,487.22 $ 9,150.00 $ 9,150.00
7 COMPLY WITH OSHA LS 1 $ 15,000.00 $ 15,000.00 $ 6,198.89 $ 6,198.89 $ 6,457.00 $ 6,457.00
8 PUBLIC NOTIFICATION LS 1 $ 7,000.00 $ 7,000.00 $ 6,198.89 $ 6,198.89 $ 710.00 $ 710.00
9 REPAIR TRAFFIC SIGNAL LOOPS LS 1 $ 19,000.00 $ 19,000.00 $ 17,430.17 $ 17,430.17 $ 10,720.00 $ 10,720.00
10 ABANDON SEWERLINE, MANHOLES AND FACILITIES LS 1 $ 25,000.00 $ 25,000.00 $ 22,359.97 $ 22,359.97 $ 29,230.00 $ 29,230.00
11 SEWER BYPASS PUMPING LS 1 $ 28,000.00 $ 28,000.00 $ 48,850.10 $ 48,850.10 $ 20,855.00 $ 20,855.00
12 ROCK EXCAVATION CY 50 $ 200.00 $ 10,000.00 $ 354.08 $ 17,704.00 $ 212.00 $ 10,600.00
13 REMOVE EXISTING SEWERLINE AND INSTALL NEW 6" HDPE
SEWERLINE LF 13 $ 400.00 $ 5,200.00 $ 1,336.60 $ 17,375.80 $ 1,598.00 $ 20,774.00
14 REMOVE EXISTING SEWERLINE AND INSTALL NEW 8" HDPE
SEWERLINE LF 250 $ 450.00 $ 112,500.00 $ 286.80 $ 71,700.00 $ 398.00 $ 99,500.00
15 INSTALL NEW 8" HDPE SEWERLINE TRENCHLESS METHOD LF 200 $ 450.00 $ 90,000.00 $ 282.25 $ 56,450.00 $ 484.00 $ 96,800.00
16 INSTALL NEW MANHOLE EA 3 $ 20,000.00 $ 60,000.00 $ 12,913.42 $ 38,740.26 $ 26,650.00 $ 79,950.00
17 INSTALL COATING ON SEWER MANHOLE EA 3 $ 4,500.00 $ 13,500.00 $ 17,141.30 $ 51,423.90 $ 5,370.00 $ 16,110.00
18 REMOVE EXISTING MANHOLE EA 1 $ 3,000.00 $ 3,000.00 $ 10,971.64 $ 10,971.64 $ 3,466.00 $ 3,466.00
19 CONNECT EXISTING SEWER LATERAL TO SEWER MAIN EA 2 $ 2,000.00 $ 4,000.00 $ 4,445.81 $ 8,891.62 $ 9,417.00 $ 18,834.00
20 RE-GRADE AND EXTEND SEWER LATERAL LF 20 $ 80.00 $ 1,600.00 $ 543.87 $ 10,877.40 $ 1,200.00 $ 24,000.00
21 REPLACE DRIVEWAY RAMP PER ENG. STD. 2110 AND SIDEWALK TIE-
IN EA 1 $ 25,000.00 $ 25,000.00 $ 14,354.92 $ 14,354.92 $ 17,400.00 $ 17,400.00
22 CURB AND GUTTER REPAIRS AND REPLACEMENTS LS 1 $ 25,000.00 $ 25,000.00 $ 24,901.60 $ 24,901.60 $ 16,990.00 $ 16,990.00
$ 562,000.00 $ 562,501.85 $ 598,591.00
ADDITIVE ALTERNATE
23 CUT AND CAP EXISTING SEWER AND REPAIR STORM PIPE PER
DETAIL 2 AND 4 LS 1 $ 12,000.00 $ 12,000.00 $ 7,758.48 $ 7,758.48 $ 20,674.00 $ 20,674.00
$ 574,000.00 $ 570,260.33 $ 619,265.00
Note 1 - Bid totals corrected by City during audit and bid evaluation are shown in italics.
Foothill-Santa Rosa Sewer Pipeline Replacement, Specification No. 2000096
Total Project Bid
Engineer's Estimate RCH Construction Souza Construction
Base Project Bid
Page 243 of 243