HomeMy WebLinkAbout10-20-2020 Agenda Packet
Tuesday, October 20, 2020
San Luis Obispo Page 1
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of
the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City
of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the
convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be
holding all public meetings via teleconference. There will be no physical location for the Public to view the
meeting. Below are instructions on how to view the meeting remotely and how to leave public comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate
in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are encouraged
to participate in Council meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• View the Webinar (recommended for the best viewing quality):
➢ Registration URL: https://attendee.gotowebinar.com/register/33 82064092427406608
➢ Webinar ID: 933 -000-291
➢ Telephone Attendee: +1 (415) 655-0060, Audio Access Code: 763-058-633
Note: The City uses Go to Webinar for City Council Meetings. Please test speakers and mic prior to
joining webinar. Click here to watch a YouTube tutorial for GoToWebinar Attendees.
• Televised live on Charter Cable Channel 20
• View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city
2. Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
• Mail or Email Public Comment
➢ Received by 3:00 PM on the day of meeting - Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA
93401. All emails will be archived/distributed to councilmembers, however, submissions after
3:00 p.m. on the day of the meeting may not be archived/distributed until the following day.
Emails will not be read aloud during the meeting.
• Verbal Public Comment
➢ In Advance of the Meeting - Call (805) 781-7164; state and spell your name, the agenda item
number you are calling about and leave your comment. The verbal comments must be limited to 3
minutes. All voicemails will be forwarded to the Council Members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
➢ During the meeting – Join the webinar (instructions above). Once the meeting has started, please
put your name and the item # you would like to speak on in the questions box. During public
comment for the item, your name will be called, and your mic will be unmuted. Contact the office
of the City Clerk at cityclerk@slocity.org for more information.
San Luis Obispo City Council Agenda October 20, 2020 Page 2
San Luis Obispo Page 2
6:00 PM
REGULAR MEETING
TELECONFERENCE
Broadcasted via Webinar
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez, and Mayor Heidi Harmon
PRESENTATIONS
1. NATIONAL HOSPICE AND PALLIATIVE CARE MONTH PROCLAMATION
(HARMON – 5 MINUTES)
Recommendation:
Mayor Harmon will proclaim the month of November as “National Hospice and Palliative
Care Month.”
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
The Council welcomes your input. State law does not allow the Council to discuss or take
action on issues not on the agenda, except that members of the Council or staff may briefly
respond to statements made or questions posed by persons exercising their public testimony
rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be
acted upon at one time. A member of the public may request the Council to pull an item for
discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of
the Council chooses another time. The public may comment on any and all items on the
Consent Agenda within the three-minute time limit.
San Luis Obispo City Council Agenda October 20, 2020 Page 3
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
3. MINUTES REVIEW - OCTOBER 6, 2020 CITY COUNCIL MINUTES
(PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on October 6, 2020.
4. CONSIDERATION OF A REGIONAL SURFACE TRANSPORTATION
EXCHANGE / SURFACE TRANSPORTATION BLOCK GRANT COOPERATIVE
AGREEMENT WITH THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
(HORN / SCHWARTZ)
Recommendation:
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the City Manager to execute the San Luis Obispo
Council of Governments Regional Surface Transportation Exchange / Surface
Transportation Block Grant Cooperative Agreement No. SLO-FAST-01;” and
2. Approve the priority of projects proposed for use of discretionary Urban State Highway
Account, funding allocations (Table 1); and
3. Authorize the Assistant City Manager or their designee to submit future grant
applications for projects eligible for competitive grants administered by SLOCOG; and
4. Authorize the Assistant City Manager or their designee to execute SLOCOG grant
reimbursement requests and other related grant documents on behalf of the City; and
5. Authorize the Finance Director to augment the budget and appropriate grant funds and
approve budget amendments on a project-by-project basis to appropriate Regional State
Highway Account, Urban State Highway Account, and Safe Route to Schools grant
funds administered by SLOCOG.
5. AUTHORIZATION TO APPLY FOR THE STATEWIDE PARK DEVELOPMENT
AND COMMUNITY REVITALIZATION GRANT PROGRAM (AVAKIAN / BERGAM)
Recommendation:
1. Approve a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the application for statewide Park Development and
Community Revitalization Program Grant Funds” authorizing staff to submit a grant
application, for a total amount not to exceed $8,500,000; and
2. Authorize the Assistant City Manager to execute the necessary grant documents and
appropriate the grant amount into the Parks and Recreation Department’s budget upon
grant award.
San Luis Obispo City Council Agenda October 20, 2020 Page 4
6. FINAL ACCEPTANCE OF A PORTION OF PUBLIC IMPROVEMENTS FOR
TRACT 3083 (1299 ORCUTT ROAD) (CODRON / VAN BEVEREN)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, accepting a portion of the Public Improvements; releasing the
securities for the accepted portions of Tract 3083; and authorizing the Director of Public
Works to accept the remaining Public Improvements, then release the remaining securities
once the Improvements are deemed complete.”
7. FY 2020 SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY TECHNICAL ASSISTANCE GRANT (FLOYD / THOMPSON)
Recommendation:
1. Authorize the Utilities Department to submit an application for the 2020 Integrated
Waste Management Authority Technical Assistance Grant in the amount of $10,000; and
2. If the grant is awarded, authorize the City Manager to execute necessary grant
documents and direct the appropriation of monies to the accounts required to administer
the grant.
8. MINIMUM WAGE ADJUSTMENTS FOR 2021 PER THE CALIFORNIA FAIR
WAGE ACT OF 2016 (IRONS / ROLTGEN)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, establishing and adopting a Supplemental Employee Salary Schedule
and superseding previous resolutions in conflict” to comply with the California Fair Wage
Act of 2016 requiring a minimum wage of $14.00 per hour effective December 24, 2020.
9. AUTHORIZATION TO ADOPT THE FUNDING, CONSTRUCTION, AND
ACQUISITION AGREEMENT FOR THE CITY OF SAN LUIS OBISPO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH)
(ELKE / CANO)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo,
California, approving the Funding, Construction and Acquisition Agreement for the San
Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch).”
San Luis Obispo City Council Agenda October 20, 2020 Page 5
PUBLIC HEARING AND BUSINESS ITEMS
10. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (HERMANN / CANO – 30 MINUTES)
Recommendation:
1. Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the San Luis Obispo Tourism Business Improvement District and determine
whether a legally sufficient protest is made; and
2. If no legally sufficient protest is made, adopt a Resolution entitled, “A Resolution of the
City Council of the City Of San Luis Obispo, California, declaring the basis for and the
levy of the assessment for the San Luis Obispo Tourism Business Improvement District
and affirming the establishment of the district” setting forth the basis for the assessment,
and levying the assessment upon hotels in the district for fiscal year 2020-21.
11. 4TH QUARTER BUDGET REVIEW (ELKE / HARNETT – 60 MINUTES)
Recommendation:
1. Review FY 2019-20 unaudited year end actuals and FY 2020-21 fiscal outlook; and
2. Adopt a Resolution entitled, “A Resolution of the Council of the City of San Luis
Obispo, California, approving Water and Sewer Rate Increases and approving revisions
to the adopted 2020-21 Water and Sewer Fund Budget Appropriations;” and
3. Approve the goal setting process and timetable for development of the 2021-23
Financial Plan; and
4. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the application for Per Capita Grant Funds” authorizing
staff to pursue the Proposition 68 Per Capita Grant Program, with the California
Department of Parks and Recreation Office of Grants and Local Services; and
5. Authorize the Assistant City Manager to execute the necessary grant documents and
appropriate the grant amount into the Parks and Recreation Department’s budget upon
grant award.
LIAISON REPORTS AND COMMUNICATIONS
(Not to exceed 15 minutes)
Council Members report on conferences or other City activities. At this time, any Council
Member or the City Manager may ask a question for clarification, make an announcement, or
report briefly on his or her activities. In addition, subject to Council Policies and Procedures,
they may provide a reference to staff or other resources for factual information, request staff to
report back to the Council at a subsequent meeting concerning any matter, or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
San Luis Obispo City Council Agenda October 20, 2020 Page 6
ADJOURNMENT
The City Council will hold a Closed Session Meeting on Tuesday, November 10, 2020 at 5:00
p.m., via teleconference.
The next Regular City Council Meeting is scheduled for Tuesday, November 17, 2020 at 6:00
p.m., via teleconference.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7410.
City Council regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the City Council are available for public inspection in the
City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal
business hours, and on the City’s website www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 • FAX (805) 546-8641
PROOF OF PUBLICATION Proof of Publication of
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
1 am a citizen of the United States and a
resident of the county aforesaid-, I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Tintes, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged •a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
in the year 2020.
1 certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obisp0, al' ❑rnia, this
day 11 Of , 2020.
Patricia Horton, New Times Legals
c:1 rV\ VJAI%,� s
6�a-K
A�niin F Prls —U.Irrua AJ� Mw(i 0Jr-,'13USINES5/lnlb1w No,w V11,-1 ul Pub
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RECEIVED
OCT 12 2020
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SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all interested
aarsuas to pIIrliarpovi in a public meming an Tuniday,
October 20,2020, at B4W p.m. While the Council oncour ragas
pubhe participation, growing concern about rile COVID-18
uad011liC has required that public meetings be held via
tafaconterotFca. Maelings can be viewed on Government
Acem Channel20 or Streanrad livefram the City's You7ube
Channel no htipJ/youtube.slo.eity. Pubilc comment, prior to
thastan of the meeting, rnaybaauhrallied Irr writing via U.S.
Mail delivered to the City Clerk's office at 080 Palm Sweet.
San Luis Obispo, CA 9Wl or by email to omnricounciiim
siocity.org.
Public Hearing Item:
• A public hearing will be hafd to consldar any protests
against the 0onfinuanca of the San Luis Obispo Tourism
Business Improvement MOM" (TOM). If a legally
sufficient protest is not made, Council will consldar
ndoplfon of a rasolupen afrrming the continuation of
the TE10. selling forth the basis for the assessment, and
Io*ng the assessment upon hotels in the district for
fiscal year2020-2021.
For mom informsfran, cartracimollyCatro, 74jtrrism
Afrrnagsr, for the City'sAdrninhwatiat+ Depsrfmanr rat
05i 781-7165ar byeuroil, +ncntre&9 100ity.org
The City Council muy also discuss mbar hearings or
business items before or after the items listed above. II you
chollango the proposed project in court, you may be limited
to raising only those issues yea or someone else raised at
the public hearing described in this notice, or in written
correspondence delivered to the City Council at, or priorto,
the public hearing.
Reportsforthis meeting will be available for review online at
www.slacity. arg m) Ialar than 72h0urs prior totho meofing.
Fla aaft sail the City Clerk's (I flee tit (806) 781.7100 for more
irdormation. The City Council meeting will be televised live
on Charter Cabla Chaaau120 and live streaming on tho City's
YouTube clie nnal httpsJAmutube.sioxity,
Teresa Purrington
6m, Zierk
City of San Luis Obispo
October 8, 2020
San Luis Obispo Page 1
Tuesday, October 6, 2020
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
October 6, 2020 at time 6:04 p.m. by Mayor Harmon, with all Members present via
teleconference.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice
Mayor Aaron Gomez, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Clerk Teresa Purrington reported out for Temporary Assistant City Attorney Mark Amberg
that Council met in closed session on September 28, 2020, to review, consider and finalize the
written findings, decision and order in the dismissal of a public employee, a police officer.
Mayor Harmon, Council Members Christianson, Pease and Stewart voted to approve the written
findings, decision and order. Vice Mayor Gomez was absent.
PRESENTATIONS
1. DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION
Mayor Harmon presented a Proclamation declaring the month of October as “Domestic
Violence Awareness Month to Jenny Adams on behalf of Stand Strong.
2. FIRE PREVENTION WEEK PROCLAMATION
Mayor Harmon presented a Proclamation declaring the week of October 4th to October 10th
as Fire Prevention Week to Fire Chief Keith Aggson.
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San Luis Obispo City Council Minutes of October 6, 2020 Page 2
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
MAYOR GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 3 thru 14 (WITH
COUNCIL MEMBER PEASE RECUSED FROM ITEM 10).
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
4. MINUTES REVIEW – SEPTEMBER 15, 2020 CITY COUNCIL MEETING
CARRIED 5-0, to approve the minutes of the City Council meeting held on September 15,
2020.
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1689 (2020 SERIES)
ESTABLISHING PRE-ZONING AND AMENDMENT OF THE CITY’S ZONING
MAP TO APPLY UPON ANNEXATION OF PROPERTIES WITHIN THE FROOM
RANCH SPECIFIC PLAN AREA (12165 AND 12393 LOS OSOS VALLEY ROAD)
CARRIED 5-0, to adopt Ordinance No. 1689 (2020 Series) entitled, “An Ordinance of the
City Council of the City of San Luis Obispo, California, establishing pre-zoning and
amendment of the City’s Zoning Map to apply upon annexation of properties within the
Froom Ranch Specific Plan Area (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019,
ANNX-0335-2020, EID-0738-2019; Specific Plan Area 3; 12165 and 12393 Los Osos
Valley Road).”
6. ADOPT THE REVISED CITY OF SAN LUIS OBISPO SECTION 125 PLAN
CARRIED 5-0, to adopt the 2020 City of San Luis Obispo Section 125 Plan Document and
delegate authority to the Human Resources Director to make subsequent administrative
changes necessary to maintain the Plan.
7. FIRE STATION ALERTING SYSTEM SERVICE AGREEMENT
CARRIED 5-0, to:
1. Approve a five-year Fire Station Alerting System Sole Source Service Agreement with
U.S. Digital Designs, Inc. for $149,715; and
2. Authorize the Fire Chief to execute the service agreement.
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San Luis Obispo City Council Minutes of October 6, 2020 Page 3
8. UPDATE TO THE SAN LUIS OBISPO CLIMATE COALITION MEMORANDUM
OF UNDERSTANDING
CARRIED 5-0, to approve the updated Memorandum of Understanding between the City of
San Luis Obispo and the San Luis Obispo Climate Coalition to continue a partnership to
help achieve the Climate Action objectives of the 2020 Climate Action Plan for Community
Recovery and related Major City Goal work program tasks.
9. APPROVE A MEMORANDUM OF UNDERSTANDING WITH SAN LUIS
COASTAL UNIFIED SCHOOL DISTRICT TO ACCEPT REIMBURSEMENT FOR
CHILDCARE DURING DISTANCE LEARNING
CARRIED 5-0, to approve the proposed Memorandum of Understanding (MOU) with San
Luis Obispo Coastal Unified School District (SLCUSD) and authorize the City Manager to
execute the MOU implementing action taken at the City Council meeting on August 18,
2020 to accept SLCUSD funding of up to $100 per student per week for the fall 2020
program (16-week on-site childcare).
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1690 (2020 SERIES)
REZONING AND AMENDING THE SPECIFIC PLAN DESIGNATION FOR THE
PROPERTY AT 660 TANK FARM ROAD AND AMENDING THE AIRPORT AREA
SPECIFIC PLAN DESIGNATION FOR 3985 BROAD STREET
Council Member Pease indicated she would be recusing herself as her husband owns
property across the street from the project.
CARRIED 4-0-1 (With Council Member Pease recused), to adopt Ordinance No. 1690
(2020 Series) rezoning and amending the Specific Plan Designation for the property at 660
Tank Farm Road and amending the Airport Area Specific Plan Designation for 3985 Broad
Street.
11. APPROVAL OF THE FINAL MAP FOR TRACT 3150, SAN LUIS RANCH, 1035
MADONNA ROAD (FMAP-0309-2020)
CARRIED 5-0, to adopt Resolution No. 11167 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, approving the Final Map for
Tract 3150 San Luis Ranch (1035 Madonna Road, FMAP-0309-2020).”
12. CONSIDERATION OF AN AFFORDABLE HOUSING FUND REQUEST FROM
HASLO FOR ACQUISITION OF AN AT-RISK AFFORDABLE UNIT LOCATED
AT 1664 FOREMAN COURT AND ADMINISTRATIVE AMENDMENT OF THE
2019 ACTION PLAN OF HASLO’S 2019 COMMUNITY DEVELOPMENT BLOCK
GRANT AWARD FOR SPECIAL NEEDS ACQUISITION/AT-RISK OF
HOMELESSNESS CLIENTS PROJECT
CARRIED 5-0, to:
1. Adopt Resolution No.11168 (2020 Series) entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, approving the reallocation of Affordable
Housing Funds upon the market-value resale of the affordable housing unit located at
1664 Foreman Court to the Housing Authority of the City of San Luis Obispo to assist
with the acquisition of the existing property;” and
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San Luis Obispo City Council Minutes of October 6, 2020 Page 4
2. Adopt Resolution No. 11169 (2020 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, approving a recommendation to the
Department of Housing and Urban Development to approve an Administrative
Amendment to the 2019 Action Plan to expand the Housing Authority of San Luis
Obispo’s 2019 Community Development Block Grant Award for a Special Needs
Housing Acquisition Project to include acquisition of property to house at-risk of
homelessness clients.”
13. AUTHORIZATION TO AMEND THE 2020 CITY COUNCIL MEETING
CALENDAR
CARRIED 5-0, to amend the 2020 City Council Meeting Calendar to cancel the rescheduled
Regular City Council Meeting of Tuesday, November 10, 2020 and add a rescheduled
Regular Meeting on Tuesday, December 8, 2020.
14. TAX EXCHANGE AGREEMENT WITH COUNTY OF SAN LUIS OBISPO FOR
THE FIERO LAND AND EAST AIRPORT AREA ANNEXATIONS
CARRIED 5-0, to adopt Resolution No. 11170 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, accepting a negotiated exchange of
tax revenue and annual tax increment between the County of San Luis Obispo and the City
of San Luis Obispo for Annexation No. 81 (Fiero Lane and East Airport Areas), as
represented in the staff report and attachments dated October 6, 2020.”
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
15. 2020-21 CAPITAL IMPROVEMENT PLAN - KEY PROJECT UPDATE
Public Works Director Matt Horn and Supervising Civil Engineer Brian Nelson provided an
in-depth staff report and responded to Council questions.
RECESS
Council recessed at 8:26 p.m. and reconvened at 8:35 p.m., with all Council Members present.
Public Comments:
None
---End of Public Comment---
ACTION: By consensus, the Council directed staff to receive and file the status
report on key projects within the City’s currently adopted Capital Improvement Plan.
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San Luis Obispo City Council Minutes of October 6, 2020 Page 5
16. 2019-20 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID)
Deputy City Manager Greg Hermann, Tourism Manager Molly Cano and TBID Chair John
Conner provided an in-depth staff report and responded to Council questions.
Public Comments:
Cristina Pires
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER PEASE, CARRIED 5-0 to:
1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2019-
20 annual report; and
2. Adopt Resolution No. 11171 (2020 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, declaring its intention to continue the San Luis
Obispo Tourism Business Improvement District, to continue the basis for and to levy the
assessment for the district, and to set a date for the public hearing on the district and the
assessment for 2020-21” at the same rate as in the fiscal year 2019-20.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
None
ADJOURNMENT
The meeting was adjourned at 9:49 p.m. The next Regular City Council Meeting is scheduled
for Tuesday, October 20, 2020 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis
Obispo, California.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2020
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Department Name: Public Works
Cost Center: 5010
For Agenda of: October 20, 2020
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
SUBJECT: CONSIDERATION OF A REGIONAL SURFACE TRANSPORTATION
(RSTP) EXCHANGE / SURFACE TRANSPORTATION BLOCK GRANT
(STBG) COOPERATIVE AGREEMENT WITH THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS (SLOCOG)
RECOMMENDATION
1. Adopt a Resolution authorizing the City Manager to execute the SLOCOG RSTP Exchange /
STBG Cooperative Agreement No. SLO-FAST-01; and
2. Approve the priority of projects proposed for use of discretionary Urban State Highway
Account (USHA), funding allocations (Table 1); and
3. Authorize the Assistant City Manager or their designee to prepare and submit future grant
applications for projects eligible for competitive grants administered by SLOCOG; and
4. Authorize the Assistant City Manager or their designee to execute SLOCOG grant
reimbursement requests and other related grant documents on behalf of the City; and
5. Authorize the Finance Director to augment the budget and appropriate grant funds and
approve budget amendments on a project-by-project basis to appropriate Regional State
Highway Account (RSHA), Urban State Highway Account (USHA), and Saf e Route to
Schools (SRTS) grant funds administered by SLOCOG.
DISCUSSION
Background
As the Metropolitan Planning Organization and Regional Transportation Planning Agency for
the San Luis Obispo County region, the San Luis Obispo Council of Governments (SLOCOG)
handles a variety of responsibilities, including administering funding from State, federal, and
regional sources to local agencies. The Surface Transportation Block Grant (STBG) Program, a
Federal-aid funding program, provides flexible funding that may be used by states and localities
for transportation projects; however, use of federal funds can often prove challenging for local
entities, as use these funds often requires non-federal match requirements, burdensome
administrative obligations, and additional environmental analysis for compliance with the
National Environmental Policy Act (NEPA).
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For this reason, the State of California established the Regional Surface Transportation Program
(RSTP), which allows agencies such as SLOCOG to exchange its apportionment of federal
STBG program funds for non-federal RSTP exchange funds, thereby eliminating many of the
burdensome obligations associated with use of federal funds.
SLOCOG distributes RSTP funds to the local jurisdictions within the San Luis Obispo County
region both on a competitive basis, in the form of Regional State Highway Account (RSHA) and
Safe Route to School (SRTS) grant funds, and as “local choice apportionments” in the form of
Urban State Highway Account (USHA) funds, which are distr ibuted on a fair-share basis to each
locality within the County based on population. From FY2013-14 through FY2020-21,
SLOCOG has programmed up to $2.4 million in STBG/RSTP grant funds to be used for eligible
transportation projects within the City of San Luis Obispo. To date, approximately $400,000 has
been reimbursed or is reflected in in-progress reimbursement requests to SLOCOG, leaving an
available balance of approximately $2.0 million for eligible City projects.
In order for local agencies to request reimbursement for work performed on eligible
STBG/RSTP funded projects, a Cooperative Agreement must be executed between the local
agency and SLOCOG. A Cooperative Agreement is a general agreement regarding the
responsibilities of each agency in relation to administration of these funds. While the City of San
Luis Obispo has been successfully receiving reimbursements for eligible grant -funded work
through an existing Cooperative Agreement with SLOCOG from 2009, SLOCOG has requested
that the City enter into an updated Cooperative Agreement in order to continue to receive
reimbursement for work performed on eligible projects. The updated Cooperative Agreement
identifies the current USHA/RSHA funding allocations, current instructions and standardized
forms for reimbursement requests. For this reason, staff recommends that the Council adopt a
Resolution (Attachment A) authorizing the City manager to execute the SLOCOG RSTP
Exchange/STBG Cooperative Agreement No. SLO-FAST-01 (Attachment B).
Projects Identified for Use of STBG/RSTP Grant Funds
Table 1 below summarizes the capital improvement projects proposed for use of STBG/SRTS
grant funds. RSHA and SRTS grant funds are allocated to specific projects based on a
competitive process involving SLOCOG Board approval—the City does not have discretionary
authority to use these funds for other projects without explicit approval by SLOCOG. USHA
grant funds are administered by SLOCOG as “local choice” apportionments, where the City has
more discretionary flexibility to allocate funds to projects of the City’s choosing, as long as these
projects provide operational and/or safety improvements along eligible Federal-aid Urban
System (FAUS) routes.
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Table 1 – Projects Recommended for Use of STBG/RSTP Grant Funds
Funding Source Project Name Programmed
thru FY2020-21
Available Balance
thru FY2020-21
RSHA Railroad Safety Trail (Taft to
Pepper Segment)
$300,000 $300,000**
RSHA Signal & Intersection
Improvements Citywide –
Orcutt/Tank Farm Roundabout
$370,000 $370,000
Subtotal RSHA $670,000 $670,000
USHA Previous Completed Projects $295,330 $0*
USHA Broad/Woodbridge Pedestrian
Hybrid Beacon
$140,000 $140,000**
USHA Orcutt/Tank Farm Roundabout $994,670 $994,670
Subtotal USHA $1,430,000 $1,134,670
SRTS Cycle 2 Ramona to Foothill SRTS Path
& HAWK (Anholm Phase 1A)
$100,000 $0*
SRTS Cycle 3 Anholm Neighborhood
Greenway Phase 1B
$200,000 $200,000
Subtotal SR $300,000 $200,000
TOTAL ALL FUNDING SOURCES $2,400,000 $2,004,670
*Funds have already been reimbursed, or reimbursement request has been approved by SLOCOG and is in process
under previous 2009 Cooperative Agreement.
**Funds already reflected in the City’s currently adopted FY2019-21 Financial Plan and/or FY2020-21
Supplemental Budget
As shown in the table above, the proposed funding allocation would apply $1.36 million in new
funding (RSHA and USHA funds) to the Orcutt Road/Tank Farm Road Roundabout Project,
which is planned for construction in spring of 2021. This would allow for the deprogramming of
an equivalent amount of local funds currently allocated to this project. Staff would seek separate
approval by Council for future projects from that deprogramming.
Policy Context
The recommended actions are consistent with the City of San Luis Obispo’s Financial
Management Manual, Section 740 – Grant Management Policy. The policy states that the
Council will approve grant applications in excess of $5,000 and delegates receipt and contract
execution authority to the City Manager. The competitive grants administered via the SLOCOG
Cooperative Agreement—projects funded through RSHA funds and SLOCOG SRTS grant funds
as shown in Table 1 above—have already been solicited and awarded to the City.
Public Engagement
This item is on the Council Agenda for the October 20, 2020 meeting and will follow all required
postings and notifications. The public may have an opportunity to comment on this item at or
before the meeting.
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CONCURRENCE
The Director of the Finance Department concurs with the staff recommendation.
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. The individual projects funded with grant funds administered under the Cooperative
Agreement will include the necessary environmental reviews and studies prior to
implementation.
FISCAL IMPACT
Budgeted: No Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding Sources
Current FY
Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State STBG/RSTP – RSHA Grant
Funds
$670,000 $670,000
State STBG/RSTP – USHA Grant
Funds
$1,134,670 $1,134,670
State STBG/RSTP – SLOCOG SRTS
Grant Funds
$200,000 $200,000
Federal
Fees
Other:
Total $2,004,670 $2,004,670
There is no direct fiscal impact associated with executing the Cooperative Agreement itself.
Of the $2,004,670 in available STBG/RSTP grant funds programmed for the City of San Luis
Obispo, $300,000 in RSHA funds have already been allocated to the Railroad Safety Trail (Taft
to Pepper) project and $140,000 in USHA funds have already allocated to the Broad/Woodbridge
Pedestrian Hybrid Beacon project in the current FY2019-21 Financial Plan and FY2020-21
Supplemental Budget. The remaining available balance of $1,564,670 in STBG/RSTP grant
funds has yet to be appropriated by the City to individual projects and would represent new
funding not included in the FY2019-21 budget. As grant funds are appropriated to individual
projects (per Table 1), this will allow for the de-programming of equivalent local funds (General
Fund, Local Revenue Measure, Transportation Impact Fee) currently committed to these
projects.
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ALTERNATIVES
Do not authorize execution of the Cooperative Agreement. This is not recommended as this
action allows for the use of alternative funding (non-local) to further leverage existing local
funds.
Attachments:
a - Draft Resolution
b - Exhibit 1 to Resolution - Draft FAST Cooperative Agreement
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RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
REGIONAL SURFACE TRANSPORTATION EXCHANGE / SURFACE
TRANSPORTATION BLOCK GRANT COOPERATIVE AGREEMENT
NO. SLO-FAST-01
WHEREAS, the City and the San Luis Obispo Council of Governments (SLOCOG) are
authorized, pursuant to requirements of Fixing America’s Surface Transportation Act (FAST Act)
§ 1109(a), to enter into a Cooperative Agreement for any transportation purpose within the City;
and
WHEREAS, the SLOCOG Board approved allocation of urban and regional Surface
Transportation Block Grant (STBG) Program funds for projects within the City of San Luis
Obispo; and
WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surface
Transportation Block Grant (STBG) funds for Regional Surface Transportation Exchange (RSTP
Exchange) funds for the projects within the City, therefore eliminating the non -federal match and
compliance with the National Environmental Policy Act (NEPA).
WHEREAS, CEQA Guidelines Section 15064.7(b) allows lead agencies to adopt
thresholds of significance for the lead agency’s general use in its environmental review process.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Council hereby authorizes the City Manager to execute the San Luis
Obispo Council of Governments RSTP Exchange/STBG Cooperative Agreement No. SLO-FAST-
01 (Exhibit 1).
SECTION 2. The Council hereby authorizes the Assistant City Manager or their designee
to prepare and submit future grant applications for competitive grant programs administered by
SLOCOG.
SECTION 3. The Council hereby authorizes the Assistant City Manager or their designee
to execute SLOCOG grant reimbursement requests and other related grant documents on behalf of
the City.
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Resolution No. _____ (2020 Series) Page 2
R ______
SECTION 4. Environmental Review. No environmental review is required for execution
of a Cooperative Agreement or grant submittals, as the proposed actions are not a “project” under
CEQA Guidelines Section 15378.
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 _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
____________________________________
Teresa Purrington
City Clerk
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SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 1
San Luis Obispo Council of Governments
Agreement No. SLO-FAST-01
RSTP EXHANGE/STBG COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo
Council of Governments, referred to herein as "SLOCOG", and the
CITY OF SAN LUIS OBISPO
a municipal corporation and
political subdivision of the
State of California, referred
to herein as the "CITY".
RECITALS
WHEREAS, SLOCOG and the CITY are authorized, pursuant to requirements of the Fixing America’s
Surface Transportation (FAST Act), FAST Act § 1109(a), to enter into a Cooperative Agreement for any
transportation purpose within the CITY; and
WHEREAS, The FAST Act’s Surface Transportation Block Grant Program, acknowledging that this
program has the most flexible eligibilities among all Federal-aid highway programs, and aligning the
program’s name with how FHWA has historically administered it; and
WHEREAS, the SLOCOG Board approved allocation of regional Surface Transportation Block Grant
Program (STBGP) funds for the projects identified on the attached Table 1 (summary table and project
summary sheets) and STBGP Program continues all prior STP eligibilities (see in particular 23 U.S.C.
133(b)(15), as amended, each of the individual project is herein referred to as “PROJECT”; and
WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surface Transportation Block
Grant Program (STBGP) funds for Regional Surface Transportation Exchange (RSTP Exchange) funds
for the PROJECTs, therefore eliminating the non-federal match and compliance with the National
Environmental Policy Act (NEPA); and
WHEREAS, all applicable laws, regulations, and policies relating to the use of Regional Surface
Transportation Program Exchange (RSTP Exchange) funds for the PROJECTs, shall apply
notwithstanding any other provisions of this Agreement; and
WHEREAS, all obligations of the CITY under the terms of this Agreement are subject to funding
appropriation by the Legislature, and the receipt and allocation of funding by SLOCOG; and
NOW, THEREFORE, in consideration of the above noted findings and considerations, the parties
agree as follows:
1) The CITY agrees to administer each PROJECT and conduct the applicable environmental process
required under the California Environmental Quality Act (CEQA) for each PROJECT.
2) The CITY agrees to advertise, open and review bids, and to award the contract for each applicable
PROJECT (or combination of projects) as needed, in accordance with State laws.
3) The CITY agrees that all phases of each PROJECT will be developed in accordance with policies,
procedures, practices, standards, regulations, and laws that apply to the CITY, Caltrans (where
appropriate), and SLOCOG General Programming Requirements, the 2016 Annual Exchange
Agreement and subsequent STBGP annual exchange agreements between SLOCOG and the State
of California (Department of Transportation). If in the judgment of SLOCOG a project may impact a
street, road or highway owned or controlled by a jurisdiction other than CITY (including without
limitation the County, another city, or the State of California), SLOCOG may require the CITY to
establish a project development team (PDT) composed of representatives of such jurisdictions, as
well as SLOCOG.
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4) The CITY agrees to construct each PROJECT in accordance with the plans and specifications of the
CITY (and Caltrans when PROJECT involves state highway facilities), and in accordance with the
conditions of funding adopted by SLOCOG.
5) The CITY agrees to maintain the facilities constructed, improved, or otherwise modified.
6) The CITY agrees to utilize, for each PROJECT, an amount of Regional or Urban RSTP Exchange
funds equal to or less than that adopted by SLOCOG, and that SLOCOG’s total obligation shall not
exceed the amounts shown in Table 1 unless a greater amount has been authorized in advance in
writing by SLOCOG.
7) The CITY agrees to account for all costs for the PROJECTS to be paid by SLOCOG pursuant to this
Agreement and agrees to perform all the reimbursable work for each project according to the billing
period identified in the project summary sheets.
8) After the opening of bids on applicable PROJECTS, the CITY shall notify SLOCOG of any cost
overruns or underruns to the original cost estimate. The following will be assumed and reflected in
SLOCOG's RSTP Exchange accounting spreadsheets:
a) If less funding than what was programmed is required for a PROJECT, the cost savings will be
made available for reprogramming into another CITY project as approved by SLOCOG.
b) If more funding than what was programmed is required for a PROJECT, the CITY will be solely
responsible for providing the additional funding, which can be comprised of various non-regional
funding sources, including cost savings from other CITY RSTP Exchange projects.
9) The CITY may submit an invoice for reimbursement of funds expended for each PROJECT no more
than once a month, using the attached Reimbursement Request Form (Exhibit A). All Payments will
be prorated between CITY and SLOCOG based on the agreed percentages of funding, as adopted by
SLOCOG and listed on each project summary sheet. All invoices must contain the following:
a. RSTP Exchange PROJECT number and name
b. A brief description of work accomplished during the billing period.
c. A copy of the consultant’s bill to the CITY (if applicable).
d. Amount expended by the CITY during the billing period, with evidence of funds expended (e.g.
a copy of a CITY check to consultant or accounting documentation, etc.)
e. Amount requested for reimbursement for the billing period
10) SLOCOG agrees to reimburse the CITY within 30 days of receipt of a completed reimbursement
request form (Exhibit A) with all applicable attachments and signatures or as funds become available
on a “1st come, 1st served” basis, an amount expended by the CITY during the invoices' billing period
less the aforesaid proration. If a PROJECT receives both Regional and Urban Regional Surface
Transportation Exchange funding (referred to in Exhibits hereto as “Regional” and “Urban”
respectively), reimbursements shall be made on a pro rata basis from each source for SLOCOG’s
share. SLOCOG's total obligation for each PROJECT cost shall not exceed the amount shown in
Table 1,” unless SLOCOG has in writing authorized a greater amount per adopted SLOCOG policy.
11) Within two months of either the execution of this agreement or each PROJECT’s completion and all
work incidental thereto, whichever comes later, the CITY must provide SLOCOG certification in the
form provided in Exhibit B hereto, of completion in accordance with the provisions in this Agreement,
and a final invoice containing those items listed above. In the event that final project costs are less
than those listed on Table 1, hereto, the funds shall be reallocated in accordance with SLOCOG
RSTP Exchange policy Exhibit C.
12) If this project has been paid for either entirely, or in part with Regional RSTP Exchange funds, and
CITY, or any of its officials, chooses to publicly memorialize participation in said project, then CITY
shall also memorialize SLOCOG’s financial participation in said project in a manner agreeable to
SLOCOG. This paragraph shall apply to, but is not limited to, signage during construction,
representation at dedications and placement of plaques or other objects of memorialization, whether
at or near the project site or not.
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13) The CITY grants to the State of California and/or SLOCOG access to the CITY's books and records
for the purpose of verifying that RSTP Exchange funds paid are properly accounted for and the
proceeds are expended in accordance with the terms of this Agreement. All documents shall be
available for inspection by authorized Caltrans and/or SLOCOG agents at any time during the
PROJECT development and for a four-year period from the date of completion, or for one year after
the audit is completed or waived by Caltrans and/or SLOCOG, whichever is later.
14) Upon completion of all work under this Agreement, ownership and title to all materials will
automatically be vested in the CITY and no further agreement will be necessary to transfer ownership
to the CITY.
15) If existing public and/or private utilities conflict with the PROJECT construction or violate the CITY’s
encroachment policy (as applicable), the CITY shall make all necessary arrangements with the
owners of such utilities for their protection, relocation or removal. The CITY shall review the plans for
protection, relocation or removal. If there are costs of such protection, relocation, or removal which
the CITY must legally pay, the CITY shall pay the cost of said protection, relocation or removal, plus
cost of engineering, overhead and inspection. If any protection, relocation or removal of utilities is
required, such work shall be performed in accordance with CITY policies and procedures.
16) The CITY shall defend, indemnify and save harmless SLOCOG, its officers and employees from all
and any claims, demands, damages, costs, expenses, judgments, attorneys’ fees or any liability
arising out of this Cooperative Agreement to the performance or attempted performance of the
provisions hereof, or any project referred to in the Exhibits hereto. Nothing contained in the foregoing
indemnity provision shall be construed to require CITY to indemnify SLOCOG against any
responsibility of liability in contravention of Civil Code section 2782.
17) If the CITY transfers its risk connected with design or construction of this project to independent
contractors, CITY agrees to use its best efforts to obtain the independent contractor’s inclusion of
SLOCOG as an indemnitee and in any insurance procured by such independent contractor(s) for the
project, to name SLOCOG as an additional insured.
18) Both the CITY and SLOCOG shall designate a Project Coordinator who shall represent the respective
agencies and through whom all communications between the parties to this agreement shall occur.
19) Both parties agree that if, in the course of carrying out the PROJECT, there is a disagreement among
the Project Coordinators over the direction of the project, the matter will be forwarded through a three
step conflict resolution process. First, resolution will be attempted between the CITY Manager and
SLOCOG Executive Director. If a dispute continues, a determination shall be made by the SLOCOG
Executive Committee, and, if required, final determination by the full SLOCOG Board.
20) Nothing in the provisions of this Agreement is intended to create duties, obligations, or rights for third
parties not signatories to this Agreement or affect the legal liability of either party of the Agreement by
imposing any standard of care with respect to the maintenance of local roads different from the
standard of care imposed by law.
21) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties thereto, and no oral understanding or agreement not incorporated herein or in
the attached Table 1 shall be binding on any of the parties thereto.
22) This Agreement may be terminated or provisions contained therein may be altered, changed, or
amended by mutual consent, in writing, of the parties hereto.
23) Prior to award of a contract for any PROJECT, SLOCOG may terminate the applicable PROJECT in
the Cooperative Agreement by written notice, provided SLOCOG pays the CITY for all PROJECT-
related costs reasonably incurred by the CITY prior to termination. Also, prior to award of a contract
for any PROJECT, the CITY may terminate the applicable PROJECT in the Cooperative Agreement
by written notice, provided the CITY pays SLOCOG for all costs reasonably incurred by SLOCOG
prior to termination.
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SIGNATURES:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
By: ___________________________________ By: ___________________________________
Derek Johnson, City Manager Peter Rodgers, Executive Director
Date: _______________ Date: _______________
ATTEST:
By: ____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ____________________________________ By:___________________________________
J. Christine Dietrick, City Attorney Nina Negranti, SLOCOG Counsel
Date: _______________ Date: _______________
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TABLE 1
CITY OF SAN LUIS OBISPO PROJECTS
for
Agreement No. SLO-FAST-01
SLOCOG# Program Project Name Programmed Balance
SMAPSL02R RSHA
Railroad Safety Trail - Taft
to Pepper Segment - ATP-
5016(057)
$300,000 $300,000
SMAPSL03R RSHA Signal & Intersection
Improvements Citywide $370,000 $370,000
SMAPSLO1U USHA USHA - City of SLO (FY
13/14 - 20/21) $1,430,000 $1,134,670
SMAPCG04R SRTS Cycle 2
Ramona to Foothill SRTS
Path & HAWK (Anholm
Phase 1A)
$100,000 $0
SMAPCG04R SRTS Cycle 3 Anholm Neighborhood
Greenway Phase 1B $200,000 $200,000
Total $2,400,000 $2,004,670
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EXHIBIT A
San Luis Obispo Council of Governments
Regional Surface Transportation Program Exchange (RSTP Exchange)
REIMBURSEMENT REQUEST FORM
Agency Name: Date:
Contact Person:
Project Number(s): Regional: Urban:
Project Title:
This Invoice Covers Work Completed from: / / to: / /
Project Budget Information: (complete box below - refer to cooperative agreement
“Table 1” for budget information)
Total SPENT This invoice -$ When using electronic format: fill in unshaded areas only
Regional Urban
Other Sources
Non Regional
TOTAL
(must equal 100%)
Reimbursement Rate by Fund
Source (must be consistent with Exhibit
A Project Sheet)
0%
Pro-rata Reimbursement by
Funding Source
(Regional/Urban)
-$ -$ -$ -$
Please send a check for $
Total RSTP Exchange share due this invoice (total of heavier shaded
boxes above)
Attachments: 1) A brief description of work completed; and
2) Consultant invoices
3) Proof of payment (e.g. copy of City check to consultant).
Signed:
(Agency Rep.)
Shaded boxes below for SLOCOG Use
Regional Planner Approval Accounting Initials
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EXHIBIT B
PROJECT COMPLETION FORM
for
RSTP Exchange Projects
This form notifies SLOCOG of project completion in accordance with the provisions in the Cooperative
Agreement noted below. Our records indicate that the project listed below, funded all or in part with
RSTP Exchange funds, has been completed:
Project Name:
Project Number(s):
Cooperative Agreement Date (Recipient Agency):
Approved RSTP amount:
I certify, on behalf of the City/County
name of authorized official
of , that the project named above was completed
name of jurisdiction
on_____________________ in accordance with the provisions set forth in the cooperative
approximate date of completion
agreement dated ___________________________. It is my understanding that all savings
date jurisdiction representative signed
from a cost underrun will be returned to for
City/County or SLOCOG
reprogramming in accordance with the cooperative agreement.
Signed: Date:
signature of authorized official date signed
Return completed and signed Project Completion Forms within 2 months of the completion of each
project to:
SLOCOG
1114 Marsh Street
San Luis Obispo, CA 93401
Attn: Stephen Hanamaikai
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EXHIBIT C
Project Eligibility by Fund Program - Project eligibility requirements by funding program are
summarized below.
I. Regional Surface Transportation Program. The Surface Transportation Program
(STP) provides flexible funding that may be used by States and localities for projects to
preserve and improve the conditions and performance on any Federal-aid highway, bridge
and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit
capital projects, including intercity bus terminals. SLOCOG’s 2014 RTP will provide
guidance on priority routes for regional funding consideration.
The STP program supports national performance goals as defined in FAST-Act, but there
are no measures tied specifically to this program. Eligible costs for funds under these
programs include pre-project initiation documents (Pre-PID), project study reports (PSR),
preliminary engineering (PE), right-of-way acquisition (RW), capital costs, and construction
costs associated with an eligible activity.
Eligible Project Activities:
• Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or
operational improvements for highways, streets, and roads; bikeways and other surface
transportation improvements.
• Replacement, rehabilitation, and preservation of bridges on any public road, including
construction or reconstruction necessary to accommodate other modes.
• Construction of new bridges on a Federal-aid highway.
• Capital costs for transit projects eligible for assistance under chapter 53 of title 49,
including vehicles and facilities used to provide intercity passenger bus service.
• Carpool projects, fringe and corridor parking facilities and programs, including electric
and natural gas vehicle charging infrastructure, bicycle transportation and pedestrian
walkways, and ADA sidewalk modification.
• Highway and transit safety infrastructure improvements and programs, installation of
safety barriers and nets on bridges, hazard eliminations, mitigation of hazards caused
by wildlife, railway-highway grade crossings.
• Highway and transit plans research and development.
• Capital and operating costs for traffic monitoring, management and control facilities and
programs, including advanced truck stop electrification.
• Surface transportation planning.
• Transportation Alternatives; newly defined, includes most transportation enhancement
eligibilities with the exception of landscaping.
• Transportation control measures (e.g. as defined by region’s APCD Clean Air Plan)
• Development and establishment of transportation management systems.
• Environmental mitigation efforts
• Modifications to intersections with high accident rates or levels of congestion.
• Infrastructure-based ITS capital improvements consistent with the Central Coast ITS
Implementation Plan.
• Environmental restoration and pollution abatement.
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• Control of noxious weeds and establishment of native species.
• Congestion pricing projects and strategies, including electric toll collection and travel
demand management strategies and programs.
• Recreational trails projects.
• Construction of marine terminals.
• Truck parking facilities.
• Surface transportation infrastructure modifications within port terminal boundaries, only
if necessary to facilitate direct intermodal interchange, transfer, and access into and out
of the port.
• Construction and operational improvements for a minor collector in the same corridor
and in proximity to an NHS route if the improvement is more cost -effective (as
determined by a benefit-cost analysis) than an NHS improvement and will enhance
NHS level of service and regional traffic flow.
Available Funding
• Direct urban and rural apportionment up to minimum required equal to 110%, plus
15%, of the FY 1990/91 allocation of Federal Aid Secondary (FAS) based upon 2010
census data (initiated in 2015). Final apportionment tables will be developed for the
August 2017 Board meeting.
• Regional discretionary funds of $5.0M through FY 2021.
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EXHIBIT D
General Programming Policies - All Fund Programs
SLOCOG’s 2014 Regional Transportation Plan / Sustainable Communities Strategy identifies an
overall goal to develop a multi-modal transportation system which is balanced, coordinated,
safe, cost effective, environmentally sound, economically supportive, me eting all the financially
reasonable transportation needs of all citizens in San Luis Obispo County. General
programming policies affecting the decision making and project selection of the surface
transportation system are summarized as follows:
1. SLOCOG will strive to be fair and equitable in the allocation of funding between the various
subregions in the county and among member jurisdictions.
2. SLOCOG will adhere to the federal and state statutes, policies, regulations and guidelines
applicable to each fund being allocated, and require recipients of grants to do the same.
3. SLOCOG will recommend projects for funding that are:
• Deliverable
• Consistent with the goals, policies, and programs of the 2014 Regional Transportation
Plan
• Regionally Significant
• Responsive to immediate funding and project needs
• Consistent with specific criteria of a particular funding program
• High likelihood of leveraging other funding (state, federal and/or local)
4. SLOCOG will seek to implement all programs in a timely and efficient manner.
5. SLOCOG will seek to maximize the use of the funds for general public benefit, and will
marshal other funds when possible to complete funded projects by prioritizing joint -funded
projects.
6. SLOCOG will integrate social equity factors in to the decision making process by applying
the findings generated from the Disadvantaged Communities Assessment that is now
amended in to the 2014 RTP/SCS.
7. SLOCOG will, to the extent feasible, assure the integration of all projects with jurisdiction,
region and statewide tra nsportation plans, providing a comprehensive, systematic approach
to resolving transportation problems in the region.
8. SLOCOG will retain maximum flexibility of federal programs under FAST ACT, where
feasible, and will also seek to exchange Surface Transpo rtation Block Grant Program
(STBGP) (federal) funds for Regional Surface Transportation Program (RSTP) Exchange
(state) funds, for reasons of cost efficiency and simplicity in administration. Through the
RSTP Exchange funds ultimately become (local) funds.
9. SLOCOG will retain a continuing commitment to emphasize quality and promote excellence
in the development of competitive proposals, seeking to fund the best possible projects in
terms of cost effectiveness, public benefit and regional and local significance.
10. SLOCOG will reserve discretionary funds for advance development work to ensure
regionally significant projects are well scoped, alternatives assessed, accurate estimates
prepared, and a finance plan for implementation is developed.
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11. SLOCOG will reserve off-the-top funding for programs identified in the 2014 RTP/SCS,
including Transportation Demand Management (i.e. Rideshare), Active Transportation
Partnership Program, Highway Safety Improvement Program and Safe Routes to School.
12. SLOCOG will maintain funding commitments for existing programmed projects as long as
those projects have achieved the project delivery milestones set out at the time of
programming. Unavoidable delays to the project delivery milestones will be considered on a
case by case basis.
13. SLOCOG will commit a portion of discretionary funding to match and leverage other
competitive state-wide grant programs (e.g. new SB1 programs, State of CA Active
Transportation Program, Highway Safety Improvement Program (HSIP) for projects of
regional significance.)
14. SLOCOG may consider using the above referenced fund sources to address surface
transportation needs as identified in the June 7th 2017 SLCOOG Board Staff Report item B-3
2018 RTIP Fund Assumptions Programming Approach - Table 2 Sections 1, 2, and 3, and
defer the programming of funds on needs identified in Section 4 (Other Multi -Modal Needs,
including bicycle, pedestrian, and public transit related needs).
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Department Name: Parks and Recreation
Cost Center: 7001
For Agenda of: October 20, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks and Recreation Director
Prepared By: Aleah Bergam, Administrative Analyst
SUBJECT: AUTHORIZATION TO APPLY FOR THE STATEWIDE PARK
DEVELOPMENT AND COMMUNITY REVITALIZATION GRANT
PROGRAM
RECOMMENDATION
1. Approve a Resolution (Attachment B) authorizing staff to pursue a grant application, for a
total amount not to exceed $8,500,000, with the California Department of Parks and
Recreation Office of Grants and Local Services for the Statewide Park Development and
Community Revitalization Program (SPP); and
2. Authorize the Assistant City Manager to execute the necessary grant documents and
appropriate the grant amount into the Parks and Recreation Department’s budget upon grant
award.
DISCUSSION
Background
The City of San Luis Obispo (City) park system includes a diverse mix of some 28 parks and
recreation facilities covering approximately 206 acres. The City’s parks include a broad range of
recreational features and there are various park and facility improvements, or enhancements
scheduled in the City’s 2019-21 Capital Improvements Program. This includes design for a new
neighborhood park on North Broad Street.
At this time, grant opportunities are available that can augment City funds for the purposes of
developing and revitalizing City parks. The Statewide Park Development and Community
Revitalization Program (SPP) administered by the California Department of Parks and
Recreation Office of Grants and Local Services (OGALS) is the largest park related grant
program in California’s history, with over $1 billion in funding between the 2018 Prop. 68 and
2006 Prop. 84 Bond Acts. The SPP helps communities invest in parks, increasing recreational
opportunities. Examples include aquatic centers, athletic fields, community gardens, outdoor
gym equipment, public art, amphitheaters, etc. The competitive grant program was made
possible through the passage of Proposition 68: California Drought, Water, Parks, Climate,
Coastal Protection, and Outdoor Access for All Act of 2018, the state’s largest investment in
grant funding history targeted for underserved communities in California.
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The bond also provides funds for aging infrastructure, amenities and improvements to parks that
will help attract new and diverse visitors. Since 1965, the grants administered by OGALS have
created and improved over 7,400 parks. Staff has determined that an awarded grant would
provide funding for the Emerson Neighborhood Park Revitalization Project. This park location
is most closely aligned with the goals and objectives and qualification requirements of this grant
opportunity. In the FY 19-21 Financial Plan, budget was appropriated for the replacement of
Exercise Equipment at Emerson Park, however the project was deferred and unappropriated by
Council at the June 2020 Budget Supplement Council Meeting. Staff will include the Emerson
Park Revitalization Project in the next Financial Plan’s Capital Improvement Plan for FY 21-23
with the notation that the project will only be viable if granted award monies.
City staff is requesting authorization to apply for grant funding from SPP in order to augment
current funding set aside for City parks and facilities. Staff submitted a grant application in 2019
for the third round of funding available through SPP for the Emerson Neighborhood Park
Revitalization Project and did not receive the grant monies. The deadline for the fourth and final
round of funding is December 14, 2020 and an additional $395.3 million is available under
Round 4. One of the required attachments in the SSP Grant Application (Attachment A) is to
provide a signed resolution (Attachment B) from the local jurisdiction’s governing body, to
authorize the submittal of the application to OGALS.
Policy Context
The City’s Financial Management Manual, Section 740, requires City Council authorization to
submit grant applications in excess of $5,000. In particular, section 3(d) states:
For grants in excess of $5,000, prepare a Council Agenda Report requesting
authorization to seek grant funding. This report should describe the grant program's
conformance with this policy, including the results of the cost/benefit analysis.
Staff finds that submittal of grant applications for City parks and recreational facilities meets the
City’s Grant Management Policy, outlined in Section 740, as there is an opportunity to
significantly leverage City funds on balance with only modest staff and consultant time required
to prepare the grant application; the proposed grant applications would result in additional
priority work efforts being implemented; and, all grant administration, tracking, and reporting
will be conducted in accordance with applicable City policy and any requirements specified in an
awarded grant contract.
Public Engagement
As this is authorization to apply for grant funding, no public engagement is required. However,
the project site plan was developed from key takeaways from the public engagement surrounding
the many public workshops surrounding the current work effort underway on the update to the
Parks and Recreation Master Plan. If awarded the grant final design work would include
continued public and neighborhood engagement.
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ENVIRONMENTAL REVIEW
There is no environmental review required for grant submittals. Any grant funding received for
specific projects will undergo the mandatory environmental review as is required through
CEQA.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-2021
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A*
State
Federal
Fees
Other:
Total
* Project/service will be completed through budgeted in-house resources
The City’s Parks and Recreation Department has time allocated within its normal work program
to prepare and submit the grant application. If successful, these grant monies will significantly
leverage and augment the City’s funds budgeted for the City’s parks and facilities.
ALTERNATIVES
1. The City Council could request additional information or analysis from staff.
2. The City Council could deny the request to submit a grant application.
Attachments:
a - COUNCIL READING FILE - SPP Round 4 Application Guide
b - Draft Resolution
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE APPLICATION FOR
STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the Statewide
Park Development and Community Revitalization Grant Program, setting up necessary procedures
governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation
require the Applicant to certify by resolution the approval of the application before submission of
said application to the State of California; and
WHEREAS, successful Applicants will enter into a contract with the State of California
to complete the Grant Scope project;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby:
SECTION 1. Approves the filing of an application for the Emerson Neighborhood Park
Revitalization Project; and
SECTION 2. Certifies that said City of San Luis Obispo has or will have available, prior
to commencement of any work on the project included in this application, the sufficient funds to
complete the project; and
SECTION 3. Certifies that if the project is awarded, the City of San Luis Obispo has or
will have sufficient funds to operate and maintain the project, and
SECTION 4. Certifies that the City of San Luis Obispo has reviewed, understands, and
agrees to the General Provisions contained in the contract shown in the Grant Administration
Guide; and
SECTION 5. Delegates the authority to the Assistant City Manager of Community
Services to conduct all negotiations, sign and submit all documents, including, but not limited to
applications, agreements, amendments, and payment requests, which may be necessary for the
completion of the Grant Scope; and
SECTION 6. Agrees to comply with all applicable federal, state and local laws,
ordinances, rules, regulations and guidelines.
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Resolution No. _____ (2020 Series) Page 2
R ______
SECTION 7. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G).
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 _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _____________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Community Development
Cost Center: 4003
For Agenda of: October 20, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Director of Community Development
Prepared By: Dan Van Beveren, Senior Civil Engineer
SUBJECT: FINAL ACCEPTANCE OF A PORTION OF PUBLIC IMPROVEMENTS FOR
TRACT 3083 - A RESIDENTIAL SUBDIVISION AT 1299 ORCUTT ROAD
(WEST CREEK)
RECOMMENDATION
Adopt a Resolution accepting a portion of the public improvements for Tract 3083; certifying
completion of a portion of the required subdivision improvements; releasing the securities for the
accepted portions of Tract 3083; and authorizing the Director of Public Works to accept the
remaining public improvements, then release the remaining securities once the impr ovements are
deemed complete (Attachment A).
DISCUSSION
Background
Tract 3083 (West Creek) is located within the Orcutt Area Specific Plan area (Attachment B).
West Creek consists of the creation of 77 lots which include the following:
1. 67 single family lots.
2. One large multi-family development lot.
3. Six lots used as neighborhood linear parks, private open space, public utilities, and
pedestrian access.
4. One small central neighborhood playground lot.
5. Two lots used for stormwater retention and treatment.
Partial Acceptance of a Portion of West Creek Improvements
Work has been completed for most of the West Creek improvements including a new roundabout
on Orcutt Road, three new public streets including Ranch House Road, Noveno Avenue, and
Cerro Cabrillo Lane, offsite sewer line upgrades, and offsite water main extension and upgrade.
A map depicting these completed improvements is included as Attachment C.
In general, the West Creek improvements consist of street construction, street widening,
medians, curb, gutter, sidewalks, Class 1 multi-use paths, streetlights, water main and sewer
main extensions, fire hydrants, reclaimed water main, storm drain improvements, and
landscaping.
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The draft resolution accepts the completion of a portion of the r equired improvements, reduces
the securities for the work that is completed, authorizes the Public Works Director to accept the
remaining public improvements once they are deemed complete, and to release the remaining
securities on behalf of the City Council once the work is completed. Currently, the only
remaining items not yet completed are the final grading and landscaping of the stormwater
retention basis (underway at the time this report was written), a few minor punch list items, and
the submittal of the final record drawings.
Previous Council Action
The final map for Tract 3083 was approved by City Council on September 18, 2018, by
Resolution No. 10939 (2018 Series).
The tentative subdivision map for Tract 3083 was approved by City Council on May 17 , 2016,
by Resolution No. 10715 (2016 Series).
Policy Context
The City Council accepts public improvements and certifies completion of private improvements
in accordance with the Subdivision Map Act and the City’s Subdivision Regulations.
Public Engagement
Public Engagement was completed with the approval of the Tentative Map and the development
of the Orcutt Area Specific Plan.
CONCURRENCE
The Public Works Director and the Utilities Director concur with the recommended action.
ENVIRONMENTAL REVIEW
There is no environmental review associated with the acceptance of these improvements. Prior
Environmental review consisted of the review of the Orcutt Area Specific Plan and its Final
Environmental Impact Report (FEIR) in March 2010. Subsequent environmental review included
the West Creek Vesting Tentative Tract Map #3083, which tiered off the 2010 FEIR, and was
analyzed in a project-specific Initial Study/Mitigated Negative Declaration approved in 2017.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
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Fiscal Analysis:
Funding Sources Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
Typical maintenance and operation of newly accepted public facilities will be required for the
street and utility improvements. Increasing the maintenance budget for the small, incremental
increase in infrastructure to be maintained does not occur with each acceptance of public
facilities. The maintenance budget for the improvements is evaluated and included as needed in
the City’s two-year Financial Plan and capital improvement plan budget. Council action
accepting these improvements, however, in itself does not require an immediate budget
adjustment.
ALTERNATIVES
Limited alternatives exist only regarding the timing of the acceptance of these improvements.
Ultimately, acceptance of the public improvements is required in accordance with the OASP,
Tentative Map approvals, Department of Real Estate process assumptions, and Homeowners
Association CC&R’s.
Attachments:
a - Draft Resolution
b - Vicinity Map
c - Site Map
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R _____
RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, ACCEPTING A PORTION OF THE
PUBLIC IMPROVEMENTS; RELEASING THE SECURITIES FOR THE
ACCEPTED PORTIONS OF TRACT 3083; AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO ACCEPT THE REMAINING
PUBLIC IMPROVEMENTS, THEN RELEASE THE REMAINING
SECURITIES ONCE THE IMPROVEMENTS ARE DEEMED COMPLETE
WHEREAS, the City Council made certain findings concerning Tract 3083, as prescribed in
Resolution No. 10715 (2016 Series); and
WHEREAS, the City Council approved the final map Phase 1 for Tract 3083 per
Resolution No. 10939 (2018 Series); and
WHEREAS, the subdivider has satisfactorily completed the majority of the required
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 majority of the private
improvements in accordance with City standards, specifications and the approved plans, and has
requested that the City certify completion of these private improvements; and
WHEREAS, the subdivider has on file the appropriate securities to guarantee the completion
of the remaining Phase 1 subdivision improvements as shown on the approved plans.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby accepts a portion of the public improvements for Tract
3083, specifically the public improvements for Ranch House Road located within the Tract boundary,
and the entire portions of Noveno Avenue, and Cerro Cabrillo Lane.
SECTION 2. The City Council hereby certifies completion of the required private
subdivision improvements within the Tract boundary with the exception of the two stormwater
basins and the private playground.
SECTION 3. The Faithful Performance securities guaranteeing completion of the on-site
and off-site public improvements may be reduced with the approval of the Director of Public
Works upon submittal of the following items:
1. Progress record drawings for the completed improvements; and
2. Certification by the Engineer of Record for the completion of the public
improvements.
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Resolution No. _______ (2020 Series) Page 2
R _____
SECTION 4. The corresponding Labor & Materials security may be released after 90 days
from the date of acceptance of the improvements in accordance with Section 66499.7(h) of the
California Government Code.
SECTION 5. The Director of Public Works is hereby authorized to accept the remaining
improvements and to release the remaining securities on behalf of the City Council once the work
is completed to the City’s satisfaction.
SECTION 6. The security guaranteeing the workmanship and materials may be released
by the Director of Public Works upon the successful completion of the 12-month warranty time
period from the date of acceptance of the improvements.
Upon motion of Council Member ________________, seconded by Council Member
_________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on __________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Utilities
Cost Center: 6107
For Agenda of: October 20, 2020
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Director of Utilities
Prepared By: Jennifer Thompson, Utilities Business Manager
Jordan Lane, Interim Solid Waste and Recycling Coordinator
SUBJECT: FY 2020 SAN LUIS OBISPO COUNTY INTEGRATED WASTE
MANAGEMENT AUTHORITY TECHNICAL ASSISTANCE GRANT
APPLICATION
RECOMMENDATION
1. Authorize the Utilities department to submit an application for the 2020 Integrated Waste
Management Authority Technical Assistance Grant in the amount of $10,000; and
2. If the grant is awarded, authorize the City Manager to execute necessary grant documents
and direct the appropriation of monies to the accounts required to administer the grant.
DISCUSSION
The Integrated Waste Management Authority (IWMA) has established a Technical Assistance
Grant (TAG) Program available to businesses, government agencies, nonprofit groups, and
institutions that want to promote waste reduction and landfill diversion efforts. The TAG
Program is designed to empower local groups/change agents to develop community-based
strategies for the prevention, separation, diversion, recycling, and composting of material.
Applicants typically act as a catalyst for reducing waste, promoting zero waste strategies,
demonstrating circular economy practices in order to eliminate waste, and maximizing material
resources.
The Utilities Department Solid Waste and Recycling section is eager to participate in the TAG
Program to develop a waste reduction plan that will be used to identify opportunities for
reducing waste created by municipal operations, and to provide outreach to regional agencies
regarding best practices for waste reduction.
The grant application (Attachment A) was due on September 8, 2020. Due to timing constraints,
staff has already submitted the grant application; however, Council can choose to direct staff to
withdraw the application. Grant award recipients will be chosen by the IWMA Board on
November 19, 2020.
Proposed Use of Grant Funds
If awarded, grant funds will be used in part to pay for services through a contract with a third
party agency who will work closely with the Solid Waste and Recycling Section to develop a
Municipal Solid Waste Reduction Plan (MSWRP) for the city organization.
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The plan will assess waste generation as a byproduct of municipal operations and propose
sustainable internal policies and procedures to ensure the best and most efficient use of our
resources. The final plan will include best practices that can be shared regionally with other
agencies pursuing waste reduction goals. Another portion of the IWMA grant funding will be
used to purchase new waste stations, technology, and/or signage to further improve waste
reduction efforts as prescribed by the final MSWRP.
Any awarded funds will be matched using 2019-20 AB939 carryover funds and in-kind staff
time will be dedicated to seeing the project through. AB939 funds are collected by San Luis
Garbage on customer solid waste bills and are remitted to the City. AB939 funds may only be
used to pay for activities that divert waste from the landfill.
Policy Context
The recommended actions are consistent with the City of San Luis Obispo’s Climate Action
Plan, Pillar 5: Circular Economy, and statewide goals to reduce landfilled waste. The
recommended actions are also consistent with the City of San Luis Obispo’s Financial
Management Manual, Section 740 - Grant Management Policy. The policy states that Council
will approve all grant applications in excess of $5,000 and delegates receipt and contract
execution to the City Manager.
Public Engagement
This item is on the agenda for the October 20, 2020 City Council meeting and will follow all
required postings and notifications. The public may have an opportunity to comment on this item
at or before the meeting.
CONCURRENCE
The Office of Sustainability in the City Administration Department concurs with the staff
recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report because the action does not constitute a “Project” under CEQA Guidelines Section 15378.
FISCAL IMPACT
Budgeted: Partially Budget Year: 2020-21
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources Current FY Cost Annualized
Ongoing Cost
Total Project Cost
General Fund (Estimated
from AB939 Solid Waste
and Recycling budget 20-
21)
$10,000*
State
Federal
Fees
Other: (IWMA Grant
award)
$10,000
Total $20,000*
* Shows matching contribution to the grant amount. Actual Total Project Cost from the General
Fund will derive from recommendations in final MSWRP. General Fund contribution comes
from reserved AB939 funding which must be spent on waste diversion.
Funding to support the efforts of this project was identified in 2019-20 carryover from the Solid
Waste and Recycling section budget and designated to the “Contract Services” account. The
contract fees are included in this analysis. Staff time dedicated to this effort aligns with th e roles
and responsibilities of the Solid Waste and Recycling Coordinator and therefore has already been
budgeted in the 20-21 Solid Waste and Recycling section budget.
ALTERNATIVES
1. Do not submit a grant application. Council may direct staff to not submit a grant
application. The alternative is not recommended as the limited budget of the Solid Waste and
Recycling section is the only other pre-existing source of funds.
2. Do not receive total grant amount of $10,000. Council may direct staff to request less
possible funding from the granting organization. This alternative is not recommended as the
limited budget of the Solid Waste and Recycling section is the only other pre-existing source
of funds.
Attachments:
a - IWMA Technical Assistance Grant Application
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San Luis Obispo County IWMA 870 Osos St, San Luis Obispo, CA 93401 805‐782‐8530 Page ‐ 1 ‐
TECHNICAL ASSISTANCE GRANT (TAG) APPLICATION
Applicant Information
Organization: City of San Luis Obispo
Applicant Name First: Jordan Last: Lane
Applicant Physical Address Street: 879 Morro
City: San Luis Obispo State: CA Zip Code: 93401
Applicant Mailing Address Street: 879 Morro
City: San Luis Obispo State: CA Zip Code: 93401
Primary Contact Name First: Jordan Last: Lane
Title Interim Solid Waste & Recycling Coordinator
Work Phone: 805-781-7213 Cell Phone:805-748-0887
Email:jlane@slocity.org Total TAG Funding Requested: $10,000.00
Brief Project Description (1-3 sentences)
Certification:
I declare, under the penalty of perjury, that all information submitted for the San Luis Obispo County Integrated
Waste Management Authority’s (IWMAs) consideration for allocation of grant funds is true and accurate to the
best of my knowledge and belief: If applicant is not Officer/Principal, have form signed before returning to IWMA.
Company Officer or
Principal Name
First: Jordan Last: Lane
Title: Interim Solid Waste & Recycling Coordinator Phone:805-781-7213
Email: jlane@slocity.org
Signature Jordan Lane Digitally signed by Jordan Lane Date: 2020.09.08 12:40:53 -07'00'
The City of San Luis Obispo seeks grant assistance to fund the development of a Municipal Solid Waste
Reduction Plan. The plan will govern internal policies and procedures to ensure the best and most efficient use
of resources, and will provide an example to other local agencies pursuing waste reduction goals.
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San Luis Obispo County IWMA 870 Osos St, San Luis Obispo, CA 93401 805‐782‐8530 Page ‐ 2 ‐
TECHNICAL ASSISTANCE GRANT (TAG) APPLICATION QUESTIONS
Please provide the following information in the order requested. Additionally, limit your response to
no more than (3) three pages.
Applicant Name First: Jordan Last: Lane
1. Provide a description of the project including project goals.
2. Describe how the grant money will be used to purchase, lease, or rent equipment or pay for
services/supplies needed to start and/or expand landfill diversion or source reduction
efforts.
The grant money will be used in part to pay for services through a contract with a third party
agency who works closely with city staff to develop a waste reduction plan. The monetary funds
will be matched, in full and potentially in excess, by existing Utilities funds. Another portion of the
IWMA grant funding will be used to purchase new waste stations, technology, and/or signage to
promote waste reduction once recommendations become available from the consultant.
There is also an expectation of ample in-kind city staff time that will be devoted to this project.
City staff will work with the consultant to establish baseline data, review recommendations, and
implement new policies and procedures. The staff member will also be responsible for outreach to
other agencies and businesses and reporting on waste audit metrics showing the impacts of the
project.
The City of San Luis Obispo seeks grant assistance to fund the development of a Municipal Solid
Waste Reduction Plan (MSWRP). Execution of the plan will include establishing baseline data of
internal operations at each of our City facilities, implementing new programs based on the findings,
creating a plan of action, and reporting on impacts of solid waste reduction efforts. Our goal is to
reduce total solid waste generation in the City by 90% by 2025 (75% by Year 3 of grant timeline).
By drastically reducing our waste generation and sharing the final report and recommendations
with other local jurisdictions and businesses in our region, we will be providing the region with an
example and templates on how to operate under the best and most efficient use of our communal
and global resources.
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San Luis Obispo County IWMA 870 Osos St, San Luis Obispo, CA 93401 805‐782‐8530 Page ‐ 3 ‐
Applicant Name First: Jordan Last: Lane
3. Provide an itemized projected budget (revenues and costs) for the next (3) three years.
Included the project’s proposed in-kind contribution. In-kind contributions can be any
services or equipment being provided by the applicant such as time, matching funding, etc.
4. Describe how your program will reduce waste, divert waste, and/or conserve landfill space.
Also, describe how you will track/measure project milestones in order to meet intended goals.
As a region, we ask for great measures of compliance from our community with our regulations
and standards. In San Luis Obispo, commercial landfilled waste accounts for 70% of all landfilled
waste which amounted to over 2500 tons in July 2020 alone. To be a leader in waste reduction, the
City needs to first identify our contribution to the landfilled waste issue, and then implement
actions that will measurably reduce waste generation. Based on the recommendations of the
MSWRP, we expect to need to implement new technology to replace paper systems, new waste
stations with clearly labeled containers and signage, and boost educational outreach both to our
staff and to the greater commercial community. Internal waste audits will be performed every 3-6
months to measure impacts of new efforts, and metrics regarding number of people reached
through outreach will both be included in impact reports to the IWMA.
Year 1: Enter into contract with third-party solid waste consultant ($20,000-30,000 + staff time)
Grant Funding
- $8,000 to enter into contract with third-party solid waste consultant
In-kind Contribution
- $14,000-24,000 to enter into contract with a third-party solid waste consultant
- 20 hours of staff time reserved for meetings with waste consultant
Year 2: Implement waste reduction measures ($4,000 + staff time)
Grant Funding
- $2,000 to purchase waste reduction aids such as new waste stations, technology, and signage
based on MSWRP recommendations
In-kind Contribution
- $2,000+ to purchase waste reduction aids based on MSWRP recommendations
- 10 hours of staff time reserved to research and purchase waste reduction aids, and to coordinate
with various departments on installation and implementation of new purchases
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San Luis Obispo County IWMA 870 Osos St, San Luis Obispo, CA 93401 805‐782‐8530 Page ‐ 4 ‐
Applicant Name First: Jordan Last: Lane
5. How does this project provide new or expanded landfill diversion and/or source reduction
opportunities for San Luis Obispo County?
6. What resources and expertise do you have to complete this project?
The City of San Luis Obispo has a newly established Solid Waste & Recycling section and
dedicated staff who will be the primary resource on this project. City staff will work closely with a
third-party waste study expert to develop a plan that works for municipal operations and that can be
easily shared and implemented in both governmental and non-governmental agencies. The City's
Solid Waste and Recycling Coordinator will facilitate data collection between departments of the
city, and will work with those departments to implement new waste reduction measures.
As a public agency with existing educational platforms, we will leverage the ability to reach the
masses with new education based on findings throughout the project. Outreach may look like new
waste reduction campaigns, or potentially an easy-to-read and engaging packet of information
made available to the public.
The Coordinator will also create progress reports for each of the three years to present (if
requested) to the IWMA Board. Progress reports will show successes, failures and over all impacts
of new measures implemented based on the MSWRP.
Note: In addition to responding to the above (6) six items, applicants may provide up to (10) ten pages of
supplemental information such as brochures, equipment flyers, etc. Print application and submit the
complete packet by US Postal Service. Applications must be date stamped by the application deadline.
The City of San Luis Obispo will take on the responsibility of auditing our waste generation,
creating a plan for major waste reduction, and then sharing the resulting professional
recommendations with all of our neighboring agencies and businesses to promote amplified
reduction in waste generation throughout the County. The city has yet to undergo a comprehensive
waste audit, and expects the research and work efforts by the consultant to create new landfill
diversion and source reduction opportunities for agencies throughout San Luis Obispo County
based on the findings. One program that may come out of the MSWRP may be updating our
facility waste stations. Updates on signage and the receptacles themselves create better
opportunities for proper disposal from city operators. Another potential program may include
revising contracts with janitorial services to better impost regulation on how materials should be
separated and disposed of, supporting more adamant landfill diversion. The expectation from the
consultant is to find new and innovative ways of creating opportunities for diversion and reduction
that can be widely shared and implemented.
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Department Name: Human Resources
Cost Center: 3001
For Agenda of: October 20, 2020
Placement: Consent
Estimated Time: N/A
FROM: Monica Irons, Human Resources Director
Prepared By: Brittani Roltgen, Human Resources Analyst
SUBJECT: MINIMUM WAGE ADJUSTMENTS FOR 2021 PER THE CALIFORNIA FAIR
WAGE ACT OF 2016
RECOMMENDATION
Adopt a Resolution modifying the Supplemental Employee Salary Schedule as necessary to
comply with the California Fair Wage Act of 2016 requiring a minimum wage of $14.00 per
hour effective December 24, 2020 (Attachments A & B).
DISCUSSION
Background
A qualified supplemental or temporary workforce is instrumental to the City of San Luis
Obispo’s ability to provide consistent services to the community by adjusting more easily and
quickly to workload fluctuations, unexpected vacancies, leaves of absence, or demands from
limited-term projects, seasonal, or peak periods. A supplemental workforce also provides
programs that would otherwise be difficult to staff due to the intermittent, seaso nal, or non-
traditional work hours (e.g., early mornings, weekends, evenings, etc.). For example, the City’s
Parks and Recreation Department typically employs over 200 supplemental, part-time (less than
30 hours per week on average) employees at any given time. While many of these employees
are seasonal (working only 3-5 months), they sustain programs and services essential to the
community. Examples of these programs are providing before and after school care, summer
children’s camps, ensuring pool safety, special events, senior programs, and maintenance of the
golf course and open space.
Departments across the organization utilize supplemental staff, and in some cases, the City has
experienced increasing difficulty recruiting and retaining qualified candidates. In particular,
supplemental positions that require certifications or State licenses, such as childcare teachers and
lifeguards, have been particularly challenging to fill during the past few years. During the 2020
minimum wage update, the staff made significant adjustments to the salary ranges associated
with these classifications. Since then, there have been fewer recruitment and retention issues.
While some challenges still exist, staff believe these are not related to compensation. Over the
next year, Parks and Recreation staff will monitor the recruitment and retention challenges in
their programs. It will work with the Human Resources staff to provide recommendations to
address these at the 2022 minimum wage update if needed.
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Salary Schedule Reflects Minimum Wage Increase
During the first two years of the Fair Wage Act of 2016’s impacts, the City’s response was to
eliminate supplemental salary ranges or steps within salary ranges below minimum wage. The
effect of this approach is that employees with less experience or qualifications earn the same as
employees who have more experience with the City. This approach creates a condition called
“compaction,” which describes a lack of differentiation between more and less seasoned or
experienced employees. Staff addressed compaction issues during the second two years (2019
and 2020) of the Fair Wage Act of 2016’s impacts through adjusting the salary model and
providing additional increases to impacted positions, such as the childcare career series. Staff has
been monitoring recruitment and retention results with the new model and found that it has
addressed many identified issues.
One of the remaining recruitment and retention issues is in Parking Services, which have been so
prominent the department is using a staffing firm in order to hire supplemental parking
employees, which has resulted in the department paying an additional service fee. As a result,
staff recommends increasing the base rate for Parking Ambassadors to $15 per hour and Lead
Parking Attendants to $16.07 per hour to reduce the need to hire through a staffing agency. By
directly hiring supplemental staff, the Parking Services Division will end up paying less on an
hourly basis than they have been through the staffing agency. As a result of the actions taken last
year that increased salary ranges above the legal requirements and the ongoing impacts of the
COVID-19 pandemic, staff recommends minimal changes to the rest of the supplemental salary
schedule for 2021:
Classifications Increased Due to Minimum Wage:
• Facility Host
• Fire Intern
• Hydrant Maintenance Worker
• Intern I
• Rec Cashier
• Youth Sports Official
• Childcare Aide
• Lifeguard
• Ranger Services Worker
Classifications Increased Due to Compaction:
• Facilities Assistant
• Intern II
• Intern III
Policy Context
Recommendations in this report are following the Fair Wage Act of 2016 (Attachment C).
Public Engagement
This item is on the agenda for the October 20, 2020 City Council meeting and will follow all
required postings and notifications. The public may comment on this item at or before the meeting.
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CONCURRENCE
Human Resources staff worked closely with Parks and Recreation staff to ensure the
recommendations will not create additional recruitment and retention issues since the Parks and
Recreation Department employs most supplemental employees within the City. Additionally, the
Human Resources staff worked with Parking Division staff as there have been documented
recruitment and retention issues within Parking classifications. All other departments with
supplemental staff could provide specific input for their department’s needs.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report
because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021
Funding Identified: N/A
Fiscal Analysis:
Staff anticipated the January 2021 increase to minimum wage, therefore, staff appropriately
budgeted funds for the 2020-21 fiscal year. During the 2020-21 Budget Supplement, departments
reduced their budgets to 2019-20 levels. As a result, individual departments may have decreased
their supplemental staffing budgets based on updated needs or fiscal availability. Additi onally,
with the ongoing impacts of COVID-19 on programs, supplemental staff hours may fluctuate
depending on local restrictions. Due to these variables, staff cannot anticipate any financial impact
as a direct result of these salary range adjustments. However, there is no identified additional
budgetary impact expected based on the original 2020-21 budgets for supplemental staff.
ALTERNATIVES
Do not adopt the 2021 Minimum Wage Compliant Supplemental Employee Salary Schedule.
This is not advised as it would put the City in a position of being non-compliant with State law.
Attachments:
a - Draft Resolution
b - Supplemental Salary Ranges 201224
c - Fair Wage Act of 2016
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING AND ADOPTING A
SUPPLEMENTAL EMPLOYEE SALARY SCHEDULE AND
SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the City of San Luis Obispo remains committed to providing high-quality
service to the community and recognize the City’s commitment to fiscal responsibility; and
WHEREAS, the City understands a qualified supplemental workforce is instrumental to
its ability to provide consistent and high-quality services and programs to the community; and
WHEREAS, the California Fair Wage Act of 2016 requires periodic adjustments in the
state minimum wage; and
WHEREAS, the City Council has the exclusive authority to fix the salaries and
compensation of local officials and employees pursuant to the San Luis Obispo Charter Section
711.
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Resolution No. _____ (2020 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo hereby adopts the Supplemental Employee Salary Schedule outlined in Exhibit A, and this
compensation change will be effective December 24, 2020. All prior Resolutions are hereby
superseded to the extent inconsistent herewith.
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 _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _______________________.
____________________________________
Teresa Purrington
City Clerk
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Supplemental Employee Salary Schedule
Classification Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Accounting Assistant I 9132 914 18.11$ 18.46$ 18.81$ 19.37$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$
Administrative Aide I 9172 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Administrative Aide II 9371 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Administrative Specialist 9472 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Adult Sports Official 9265 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Aquatics Specialist*9461 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Childcare Aide Emergency Sub Afternoon*91615 970 17.81$ 18.26$ 18.71$ 19.16$ 19.60$ 20.09$ 20.58$ 20.98$ 21.38$
Childcare Aide Emergency Sub Morning*91619 971 21.38$ 21.92$ 22.46$ 22.99$ 23.52$ 24.11$ 24.69$ 25.17$ 25.65$
Childcare Aide*9161 902 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.10$
Childcare Teacher Emergency Sub Afternoon*92625 972 19.60$ 20.09$ 20.58$ 21.07$ 21.56$ 22.10$ 22.64$ 23.08$ 23.51$
Childcare Teacher Emergency Sub Morning*92629 973 23.52$ 24.11$ 24.69$ 25.28$ 25.88$ 26.52$ 27.17$ 27.69$ 28.22$
Childcare Teacher*9262 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Commissioner 9861 990 75.00$
Community Services Specialist 9462 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Development Review Arborist 9288 924 25.25$ 25.88$ 26.51$ 27.15$ 27.78$ 28.47$ 29.16$ 29.73$ 30.30$
Engineering Consultant 9332 980 50.00$ 51.56$ 55.00$ 65.00$ 75.00$
Facilities Aide Farmer's Market 9292 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Facilities Aide Pool 9293 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Facilities Assistant 9264 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Facilities Specialist 9463 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Facility Host 9162 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Fire Intern 9151 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Flood Control Technician 9287 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
GIS Technician 9231 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Golf Maintenance Assistant*9291 902 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.10$
Hazardous Materials Team Business Manager 9651 996 28.00$ 29.00$ 30.00$
Head Childcare Teacher Emergency Sub Afternoon*93605 974 20.58$ 21.07$ 21.56$ 22.10$ 22.64$ 23.18$ 23.71$ 24.31$ 24.90$
Head Childcare Teacher Emergency Sub Morning*93609 975 24.69$ 25.28$ 25.88$ 26.52$ 27.17$ 27.81$ 28.46$ 29.17$ 29.88$
Head Childcare Teacher*9360 912 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$
Head Lifeguard*9351 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Hydrant Maintenance Worker 9191 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Intern I 9111 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Intern II 9211 906 15.00$ 15.34$ 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$
Intern III 9311 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
IT Assistant Help Desk 9232 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Lab Analyst 9235 937 28.63$ 30.14$ 31.73$ 33.40$ 35.16$ 37.01$ 38.96$ 41.01$ 43.175
Landscape Inspector 9282 918 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ 23.53$ 24.10$ 24.57$ 25.04$
Key
Blue = P&R Positions
* = Classifications that work with children
(AB 218 doesn't apply)
EXHIBIT A Item 8
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Lead Parking Attendant 9471 910 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$
Legal Assistant I 9131 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Legal Assistant II 9233 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Lifeguard Dock Pay*92519 900 14.00$
Lifeguard*9251 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Mutual Aid GS 11-15 9353 995 36.84$ 44.16$ 52.51$ 62.05$ 72.99$
Mutual Aid GS 1-5 9153 993 14.00$ 14.20$ 16.00$ 17.98$ 20.10$
Mutual Aid GS 6-10 9254 994 22.40$ 24.90$ 27.57$ 30.45$ 33.54$
Parking Ambassador 9271 906 15.00$ 15.34$ 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$
Parking Enforcement Officer 9266 916 18.97$ 19.45$ 19.92$ 20.40$ 20.87$ 21.39$ 21.91$ 22.43$ 22.95$
Parking Meter Repair Worker 9286 918 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ 23.53$ 24.10$ 24.57$ 25.04$
Parks Maintenance Aide I 9182 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Parks Maintenance Aide II 9281 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Police Operations Support Specialist 9212 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Ranger Services Specialist*9466 912 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$
Ranger Services Worker 9181 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Rec Cashier*9171 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
Recording Secretary 9272 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Senior Administrative Analyst 9333 948 33.99$ 36.37$ 38.31$ 40.33$ 42.45$
SNAP 9352 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Special Swim Instructor*9369 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Swim Instructor*9263 908 15.68$ 16.07$ 16.46$ 16.86$ 17.25$ 17.68$ 18.11$ 18.46$ 18.81$
Transportation Planner Engineer I 9133 940 30.55$ 31.32$ 32.08$ 32.85$ 33.61$ 34.45$ 35.29$ 36.13$ 36.97$
Tree Climber Assistant 9192 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Utility Billing Assistant 942702 9419 21.14$ 22.25$ 23.43$ 24.66$ 25.96$
WasteWater Collection Operator 9283 918 20.87$ 21.39$ 21.91$ 22.43$ 22.95$ 23.53$ 24.10$ 24.57$ 25.04$
Water Quality Lab Aide 9141 904 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$ 16.78$ 17.25$ 17.68$
Water Resources Technician 9241 936 28.14$ 29.61$ 31.18$ 32.81$ 34.54$
WRRF Operator 9285 937 28.63$ 30.14$ 31.73$ 33.40$ 35.16$ 37.01$ 38.96$ 41.01$ 43.18$
Youth Services Specialist Emergency Morning*94649 976 25.88$ 26.52$ 27.17$ 27.81$ 28.46$ 29.17$ 29.88$ 30.59$ 31.31$
Youth Services Specialist*9464 913 17.25$ 17.68$ 18.11$ 18.54$ 18.97$ 19.45$ 19.92$ 20.40$ 20.87$
Youth Sports Official*9261 900 14.00$ 14.13$ 14.25$ 14.61$ 14.97$ 15.33$ 15.68$ 16.07$ 16.46$
RETIRED ANNUITANTS:Class Schedule Step 1 Step 2 Step 3 Step 4 Step 5
IT Assistant PERS Retiree 9931 962 24.10$ 25.25$ 26.51$ 27.78$ 28.78$
Accounting Assistant III PERS Retiree 9924 9423 22.26$ 23.44$ 24.68$ 25.98$ 27.34$
Parking Coordinator PERS Retiree 9971 964 25.67$ 26.70$ 28.10$ 29.58$ 31.13$
Financial Analyst PERS Retiree 9922 9305 31.43$ 33.40$ 35.36$ 37.33$ 35.36$
Parking Enforcement Officer PERS Retiree 9961 960 21.91$ 22.95$ 24.10$ 25.25$ 26.51$
Supervising Adminsitrative Assistant PERS Retiree 9921 964 25.36$ 26.51$ 27.78$ 29.16$ 31.13$
Temp Senior Civil Engineer PERS Retiree 9932 966 39.33$ 42.93$ 44.53$ 46.76$ 49.13$
Effective 12/24/2020
EXHIBIT A Item 8
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To: The Office of the Attorney General
ATTN: Ashley Johannson, Initiative Coordinator
1300 I Street, 17th Floor
Sacramento, CA 95814
(916) 445-4752 I www.oag.ca.gov
1 5 -0 0 3 2
~CEIVE()
MAY 2 7 2015
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
RE: Request for Circulating Title and Summary; Signed Certifications; The Fair Wage Act of 20'16
Dear Ms. Johansson:
Pursuant to Article II, Section 10(d) of the California Constitution, this letter respectfully requests that
the Attorney General prepare a circulating title and summary of the enclosed proposed statewide
initiative: "The Fair Wage Act of 2016." Also enclosed are the required signed statements pursuant to
California Elections Code sections 9001 and 9608, and a check in the amount of $200. Our addresses as
registered voters are included in this letter.
Please direct all inquiries and correspondence regarding this proposed initiative to:
Amber Maltbie
Nossaman, LLP
777 S. Figueroa Street, 34th Floor
Los Angeles, CA 95814
Phone: 213-612-7803
Email: amaltbie@nossaman.com
Enclosures: Initiative language; Certifications, money order
9176011.v1
Sincerely,
L-
ve Trossman, Proponent
1616 N. Easterly Terrace
Los Ang I s, CA 90026
3622 Rever
Los Angeles, CA 90039
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-· 1 5 -0 0 3 2
The Fair Wage Act of2016
, This initiative measure is submitted to the people in accordance with the provisions of
Article II, Section 8, of the California Constitution.
This initiative measure amends and adds sections to the Labor Code; therefore, existing
provisions proposed to be deleted are printed in strikeout type and new provisions proposed to be
added are printed in italic type to indicate that they are new.
SEC. 1. Name.
This act shall be known as the Fair Wage Act of2016.
SEC. 2. Findings and Purpose.
The People of California find and declare that:
(a) The purpose of The Fair Wage Act of2016 ("the Act") is to ensure that workers
receive wages that will financially support them and their families.
(b) To achieve this purpose, The Fair Wage Act of2016 will increase the minimum
wage by $1 per hour each January 1 until it reaches $15 per hour in 2021, and in
each year thereafter the minimum wage will be adjusted to keep pace with the
cost of living in California.
(c) Many working Californians, including parents and seniors, have full-time jobs yet
struggle to make ends meet. The minimum wage has not kept pace with the cost
ofliving and is worth less today than it was 50 years ago. This loss of purchasing
power means millions of Californians are unable to afford an adequate standard of
living, which harms families and the State's economy and budget.1
(d) Almost one-quarter of California residents live in poverty? More than half of
California minimum wage earners are over 3 0 years old and thirty percent have
children? Californians cannot support a family on the current minimum wage of
$10 per hour, or $20,800 per year, for people working full time.
(e) Despite being employed full-time, Californians who are paid the current
minimum wage often must rely on the State's social safety net to meet their basic
needs.
(f)
(g)
(h)
The purchasing power of the minimum wage will continue to erode if it is not
adjusted yearly to reflect increases in the cost of living.
Raising the minimum wage will increase the earnings of many Medi-Cal
recipients, making them eligible for federal subsidies on California's health
benefit exchange, saving the State millions of dollars a year in Medi-Cal costs.4
Raising the minimum wage will boost economic activity and increase sales and
income taxes. 5
1 http://www .ir le. berkeley. edu/ cwed/briefs/20 14-02. pdf
2 http://www .census .gov I content/ dam/Census/library/publications/20 14/ demo/p60-251. pdf
3 http://www.irle.berkeley.edu/cwedlbriefs/2014-02.pdf
4 http://www .ir le. berkeley .edu/ cwed/briefs/20 14-02. pdf
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SEC3.
(i)
G)
(k)
Californians working in a wide variety of jobs and industries are paid the
minimum wage, and it is the goal of this Act to protect all such workers,
regardless of whether they are employed by single, multiple, or joint employers.
To this end, the People confirm Guerrero v. Superior Court (2013) 213 Cal. App.
4th 912, which recognized thatthe state minimum wage law protects low-wage
workers with multiple or joint employers, including, for example, persons
employed under the In-Home Supportive Services Act (Welf. & Inst. Code
§ 12300 et seq.).
The Act also will ensure that the California Department of Industrial Relations
publicizes changes to the minimum wage, as it has when the minimum wage has
been increased in the past.
The People intend that the Legislature or the Industrial Welfare Commission may
narrow or eliminate current exemptions from state minimum wage requirements,
but may not expand current exemptions or create new exemptions from state
minimum wage requirements.
Section 1182.12 of the Labor Code is amended, to read:
§ 1182.12. Minimum wage
(a) Notwithstanding any other provision ofthis part, on and after July 1, 2014, the
minimum \vage for all industries shall be not less than nine dollars ($9) per hour,
and on and after January 1, 2016, the minimum Vf'age for all industries shall be not
less than ten dollars ($10) per hour. January 1, 2017, the minimum wage for all
industries shall be not less than eleven dollars ($11) per hour, and shall be raised
by one dollar ($1) per hour each subsequent January 1 until it reaches fifteen
dollars ($15) per hour in 2021, and thereafter shall be adjusted each January 1 to
keep pace with the increasing cost of living, as described in subdivision (b).
(b) (1) On and after January 1, 2022, the minimum wage for all industries shall be
not less than an amount that is the result of an automatic adjustment on January 1
of each year, so the minimum wage keeps pace with the cost of living, as provided
in paragraph (2).
(2) On or before October 15, 2021, and on or before eachfollowing October 15,
the California Department of Industrial Relations shall calculate an adjusted
minimum wage to maintain employee purchasing power by increasing the current
year's minimum wage by the rate of inflation. The adjusted minimum wage shall
be calculated to the nearest cent using the California Consumer Price Index for
Urban Wage Earners and Clerical Workers, or a successor index, for the twelve
months prior to each September 1 as calculated by the California Department of
Industrial Relations. Each adjusted minimum wage increase calculated under
this paragraph (2) takes effect on the following January 1.
(c) · This section shall not be construed to preclude an increase of the minimum wage
for any or all industries by the Industrial Welfare Commission to an amount
greater than the tate required pursuant to subdivision (a) or (b). Nor shall'this
section be construed to permit a decrease in the minimum wage if, as calculated
pursuant to subdivision (b), the rate of inflation is negative.
5 http://www.irle.berkeley.edu/cwedlbriefs/2014-02.pdf
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(d)
SEC. 4.
No later than October 15 of each year, commencing October 15, 2017, the
California Department of Industrial Relations shall publicize the minimum wage
for all industries that will take effect the following January 1.
Amendment.
Pursuant to subdivision (c) of Section 10 of Article II of the California Constitution, this Act
may be amended either by a subsequent measure submitted to a vote of the people at a statewide
election or by statute validly passed by the Legislature and signed by the Governor, but only to
further the purposes of the Act and not to reduce the minimum wage required by this Act.
SEC 5. Severability.
It is the intent of the People that the provisions of this Act are severable and that if any provision
of this Act, or the application thereof to any person or circumstance, is held invalid, such
invalidity shall not affect any other provision or application of this Act that can be given effect
without the invalid provision or application.
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Department Name: Finance
Cost Center: 2001
For Agenda of: October 20, 2020
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Esteban Cano, Financial Analyst – Infrastructure Financing
SUBJECT: RESOLUTION TO ADOPT THE FUNDING, CONSTRUCTION, AND
ACQUISITION AGREEMENT FOR THE CITY OF SAN LUIS OBISPO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH)
RECOMMENDATION
Adopt a Resolution (Attachment A) approving the Funding, Construction, and Acquisition
Agreement with San Luis Ranch, LLC (Attachment B).
DISCUSSION
San Luis Ranch, LLC is the developer of the San Luis Ranch Specific Plan. At the request of the
developer, the City commenced and completed proceedings for the establishment of a
Community Facilities District under the provisions of the Mello-Roos Community Facilities Act
of 1982 applying to for-sale residential units within the specific plan area (Resolution 10998
(2019 Series) – Formation of the City of San Luis Obispo Community Facilities District No
2019-1). The district was formed to facilitate payment of a fair share of the costs for certain
public facilities necessary to support development of the Specific Plan via the issuance of special
tax bonds per the Development Agreement Section 5.02.1 which was approved by Council
through Ordinance No. 1649 (2018 Series).
Additionally, the Specific Plan sets forth a comprehensive land-use plan and establishes detailed
regulations, conditions, and programs for the development of the property. The City approved the
Specific Plan for the development of the Property in July 2017. Ordinance No. 1649 approved a
vesting tentative subdivision map for the project as well as the development agreement on August
21, 2018 and Resolution No. 10961 approved the final map on November 27, 2018. The
developer is currently constructing improvements consistent with the Specific Plan.
Section 53313.5 of the California Government Code provides for the following:
“…a community facilities district may finance the construction and acquisition of
facilities constructed after the adoption of the resolution of formation establishing
the community facilities district if the facilities have been constructed as if they
had been constructed under the direction and supervision or under the authority of,
the local agency whose governing body is conducting proceedings for the
establishment of the district.”
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The purpose of the proposed Funding, Construction, and Acquisition Agreement is to provide for
the City’s acquisition of certain public facilities as outlined in Attachment B, Exhibit A and will
be constructed to serve the development. These are improvements eligible to be financed in whole
or in part by the District using proceeds from special taxes and/or issuance and sale of bonds for
the district. Ultimately, the acquisition agreement provides the terms of reimbursement from the
bond proceeds to the developer for eligible costs. The authorized facilities eligible for
reimbursement from Bond proceeds and the Specific Plan are generally described as improvements
to the transportation facilities, the potable and non-potable water system, the drainage system,
the wastewater system, solid waste, park and landscape corridors, open space, and utilities.
Previous Council or Advisory Body Action
• Resolution No. 10998 (2019 Series) – Formation of the City of San Luis Obispo
Community Facilities District No. 2019-1.
• Ordinance No. 1649 (2018 Series) – Approving the San Luis Ranch Development
Agreement.
• Resolution No. 10961 (2018 Series) – Approving the final map for Trac 3096 San Luis
Ranch (1035 Madonna Road, SBDV-3772-2016)
Policy Context
The City’s Fiscal Policies under Section 9 (Capital Financing and Debt Management) Letter E –
Land-Based Financings outline the public purpose of a district formation and eligible
improvements. Furthermore, implementation of the San Luis Ranch Specific Plan furthers
Council’s Economic Stability, Recovery, and Resiliency Meta Goal focused on economic
recovery and supported by strategies for affordable and workforce housing, implementation of
the Climate Action Plan, sustainable transportation and fiscal sustainability and responsibility .
Public Engagement
The formation of the San Luis Ranch Community Facilities District as well as the authorization
to incur bonded indebtedness was approved through a special, landowner election on April 2,
2019. The Agreement will also be presented at the City Council’s public meeting on October 20,
2020. The public has the opportunity to comment in writing before the meeting or submit public
comment before or during the meeting.
CONCURRENCE
The Community Development, Public Works, and Utilities Departments concur with the Finance
Department on the language and content of the Funding, Construction, and Acquisition
Agreement.
ENVIRONMENTAL REVIEW
On July 18, 2017, the City Council adopted a resolution certifying the Final Environmental
Impact Report (EIR) for the San Luis Ranch project and adopting CEQA findings and a
statement of overriding considerations and a mitigation and monitoring plan.
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On July 17, 2018, the City Council adopted a resolution certifying the Final Supplemental EIR to
address a modified phasing approach reflected in both the Specific Plan and the Development
Agreement. The Funding, Construction, and Acquisition Agreement implements the San Luis
Ranch Development Agreement and related entitlements as evaluated in the Final EIR and Final
Supplemental EIR and does not introduce any new potential environmental impacts.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
Fiscal impact analysis for the San Luis Ranch project was prepared by Applied Development
Economics. This is the same firm that prepared the fiscal and economic analysis for the General
Plan update in 2014. In summary, the analysis shows that the project at full buildout will
generate about $ 2.5 million per year in General Fund revenues and $1.5 million per year in
municipal service costs (in 2017 dollars). The project is expected to have a net positive fiscal
impact on the City; however, a portion of those revenues will be needed for infrastructure that is
expected to benefit the City as a whole. Also, the establishment of the community facilities
district would ensure that the City has sufficient resources to provide urban services and maintain
public facilities in the project area.
ALTERNATIVES
Council could decide not to approve the Funding, Construction and Acquisition Agreement.
This action is not recommended because the purpose of the Agreement is to provide for the
acquisition by the City of certain public facilities serving the development. These public facilities
will be financed in whole or in part by special taxes already approved by the City Council for the
District.
Attachments:
a - Draft Resolution
b - San Luis Ranch CFD Acquisition Agreement
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R _____
RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA APPROVING THE FUNDING, CONSTRUCTION
AND ACQUISITION AGREEMENT FOR THE SAN LUIS OBISPO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH)
WHEREAS, San Luis Ranch, LLC is the developer of the real property described as the
San Luis Ranch Specific Plan; and
WHEREAS, the City commenced and completed proceedings for the establishment of a
community facilities district in accordance with a request of the developer under the provisions of
the Mello-Roos Community Facilities Act of 1982 applying to for-sale residential units within the
specific plan area (Resolution 10998 (2019 Series) – Formation of the City of San Luis Obispo
Community Facilities District No 2019-1); and
WHEREAS, the district was formed to facilitate payment of a share of the costs for certain
public facilities necessary to support development of the Specific Plan via the issuance of special
tax bonds; and
WHEREAS, the developer proposed to construct improvements consistent with the
Specific Plan approved by the City for the development of the property in July 2017; and
WHEREAS, the Specific Plan sets forth a comprehensive land-use plan and establishes
detailed regulations, conditions, and programs for the development of the property; and
WHEREAS, the City approved a vesting tentative subdivision map for the project as well
as the development agreement on August 21, 2018, by Ordinance No. 1649; and
WHEREAS, the final map for Trac 3096 San Luis Ranch (1035 Madonna Road, SBDV-
3772-2016) was approved on November 27, 2018, by Resolution No. 10961; and
WHEREAS, the City’s Fiscal Policies under Section 9 (Capital Financing and Debt
Management) Letter E – Land-Based Financings outline the public purpose of a district formation
and eligible improvements. Furthermore, implementation of the San Luis Ranch Specific Plan
furthers Council’s Economic Stability, Recovery, and Resiliency Meta Goal focused on economic
recovery and supported by strategies for affordable and workforce housing, implementation of the
Climate Action Plan, sustainable transportation and fiscal sustainability and responsibility .; and
WHEREAS, the purpose of the Funding, Construction and Acquisition Agreement is to
provide for the acquisition of certain public facilities serving the development of the project to be
financed in whole or in part by the district using proceeds from special taxes and/or issuance and
sale of bonds for the district to finance the design and acquisition of such public facilities and
expenses incidental thereto and to provide the terms of any reimbursement to developer.
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Resolution No. _______ (2020 Series) Page 2
R _____
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The the Funding, Construction and Acquisition Agreement for the San Luis
Obispo Community Facilities District No. 2019-1 (San Luis Ranch)agreement is now ready for
execution and the City Manager is hereby authorized to sign the agreement.
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 _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________.
____________________________________
Teresa Purrington
City Clerk
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FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT
DATED AS OF ______________, 202__
Executed by the
CITY OF SAN LUIS OBISPO
and
MI SAN LUIS RANCH, LLC
RELATIVE TO THE
CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS
RANCH)
CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO COUNTY, CALIFORNIA
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FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT
CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1
THIS AGREEMENT is entered into on ________________________ by and between the
CITY OF SAN LUIS OBISPO, a municipal corporation ("City"), and MI SAN LUIS RANCH, LLC,
a Delaware limited liability company ("Developer").
RECITALS
(A) Developer is the developer of the real property described as the San Luis Ranch
Specific Plan (“Specific Plan”). Pursuant to the request of Developer, City commenced and completed
proceedings for the establishment of a community facilities district pursuant to the provisions of
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California
Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982," (the
"Act"), over and including certain property of Developer for the purpose of paying a share of the costs
for certain public facilities and services which are necessary to the development of the Specific Plan
and the provision of municipal services to the Specific Plan, including the issuance of special tax bonds.
Said community facilities district is known as "San Luis Ranch Community Facilities District No.
2019-1, of the City of San Luis Obispo, County of San Luis Obispo, State of California" (the
"District"). The Developer's real property within the District is herein referred to as the "Property".
The Property is located within the corporate limits of the City.
(B) Developer proposes to construct improvements consistent with the Specific Plan (the
"Project") as required by the Project Approvals (as defined below). The City approved the Specific
Plan for the development of the Property in July 2017. The Specific Plan sets forth a comprehensive
land use plan and establishes detailed regulations, conditions, and programs for development of the
Property. The City approved a vesting tentative subdivision map for the Project. The City approved a
development agreement on August 21, 2018 by Ordinance No. 1649. The Specific Plan, the vesting
tentative subdivision map, including conditions of approval, the development agreement and other
existing and subsequent approvals granted by City and agreements between Developer and City in
implementation of the Project, as the same may be amended from time to time, including amendments
thereto, are herein collectively referred to as the "Project Approvals".
(C) Section 53313.5 of the California Government Code provides that a community
facilities district may finance the construction and acquisition of facilities constructed after the adoption
of the resolution of formation establishing the community facilities district if the facilities have been
constructed as if they had been constructed under the direction and supervision, or under the authority
of, the local agency whose governing body is conducting proceedings for the establishment of the
district.
(D) The purpose of this Agreement is to provide for the acquisition of certain public
facilities serving development of the Project to be financed in whole or in part by the District using
proceeds from special taxes and/or issuance and sale of bonds for the District to finance the design and
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acquisition of such public facilities and expenses incidental thereto and to provide the terms of any
reimbursement to Developer.
AGREEMENTS
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants
hereinafter contained, the parties agree as follows:
Section 1. ESTABLISHMENT OF DISTRICT. The City has initiated and concluded
proceedings pursuant to the Act for the establishment of the District. Such proceedings included
elections pursuant to Sections 53326 and 53327 of the California Government Code on (i) the question
of the issuance of bonds for the District to finance the acquisition of the below described author ized
facilities (ii) the issue of the annual levy of special taxes on all taxable property within the District for
the payment of principal and interest on the bonds of the District and the annual administrative
expenses of the City and the District in levying and collecting such special taxes, paying the principal
and interest on such bonds and providing for the registration, exchange and transfer of such bonds,
including the fees of fiscal agents and paying agents, and any necessary replenishment for the reserve
fund for such bonds, accumulation of funds for future bond payments, or the acquisition of authorized
facilities and payment of authorized costs from the proceeds of such special taxes, and (iii) the question of
the establishment of an appropriations limit for the District.
Section 2. SALE OF BONDS; AUTHORIZED FACILITIES . The City intends to
proceed with the sale of bonds for the District in an aggregate principal amount not to exceed $25,000,000 for
the purpose of raising money eligible for use as payment for Authorized Facilities (described below) in
accordance with this Agreement and City policies. The timing of the issuance and sale of the Bonds, the
aggregate principal amount thereof, and the terms and conditions upon which they shall be sold shall be
determined by the City. If multiple series of bonds are to be issued, this Agreement shall be applicable to
proceeds from all series of such bonds; all such series are herein referred to as the "Bonds."
The authorized facilities (the "Authorized Facilities") eligible for reimbursement from Bond
proceeds and the Specific Plan are generally described in Exhibit "A" attached hereto. The Authorized
Facilities identified in Exhibit "A" represent all of the facilities that are eligible for acquisition.
References to payments from Available Construction Proceeds for an Authorized Facility installed by
Developer for the Developer shall mean and refer to the Available Construction Proceeds related solely to
development of the Property. "Available Construction Proceeds" shall be (i) the proceeds of the sale of the
Bonds net of costs of issuance, less the Formation Fees and Costs, capitalized interest, and any administration
costs to be deducted therefrom, plus any interest earnings on such proceeds ("Net Bond Proceeds"), and (ii)
Available Special Tax Revenues (defined in Section 12 below).
Section 3. AMOUNTS TO BE INCLUDED IN BONDS. The aggregate principal amount
of the Bonds shall include an amount needed (i) to fund a reserve fund for the payment of principal and
interest of the Bonds as is determined by the City to be necessary and appropriate, capitalized interest on
the Bonds for such period as the City shall determine is appropriate (if and to the extent not provided by
the levy and collection of special taxes in advance of such Bond sale), (ii) the amount of the discount of the
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underwriter who purchases the Bonds, and (iii) other expenses incurred by the City in connection with the
issuance and sale of the Bonds, including bond and disclosure counsel fees, legal fees, fees of the bank
which will act as transfer agent, registrar and paying or fiscal agent for the Bonds, other fees and costs
normally incidental to the sale of Bonds, and such other fees and costs enumerated in Section 53345.3 of
the Act as the City determines are necessary and appropriate. The City may also include within the
aggregate principal amount of the Bonds an amount determined by the City to equitably reimburse
Developer, or any entities related thereto, for costs and expenses incurred by them which are related to the
establishment of the District; provided that the City shall determine the amount to be so reimbursed on the
basis of detailed itemizations of costs provided by Developer, the amount to be reimbursed to Developer
shall be based on the relative amount advanced for such costs by the Developer and shall be limited to the
Available Construction Proceeds derived from the District. (All of the foregoing fees, costs, and expenses
described in this paragraph are hereinafter "Formation Fees and Costs"). In no event shall Developer be
reimbursed from Bond proceeds for (i) in-house administrative overhead (except that Developer shall be
entitled to payment equal to four percent (4%) of actual construction costs as and for project and
construction management services), (ii) interest expense incurred by Developer on moneys advanced
during the proceedings for formation of the District and issuance of Bonds, and during construction of the
Authorized Facilities; and (iii) any other costs and expenses incurred by Developer which are not authorized
by the Act, or, if Bonds are issued on a tax-exempt basis, costs and expenses incurred by the Developer not
authorized to be paid or reimbursed under the Internal Revenue Code.
Section 4. DESIGN OF AUTHORIZED FACILITIES.
(a) Conformance with Standards. Authorized Facilities to be acquired by the City
shall be designed in conformance with all applicable City standards and requirements. Upon
completion of the design of each such Authorized Facility to the satisfaction of the City; and, when
Developer has paid to the City all applicable plan checking and other fees, Developer shall notify City
that the design of the Authorized Facility is completed.
(b) Reimbursement for Design. Developer may be reimbursed out of Available
Construction Proceeds for such expenses incurred in designing those Authorized Facilities set forth in
Exhibit "A" hereto, including all applicable plan checking and other fees paid, subject to the City's
determination of the amount to be so reimbursed pursuant to the terms hereof, and subject to the
limitation that reimbursement in all cases is to be made from Available Construction Proceeds only.
Reimbursement for design for each Authorized Facility shall be made in one or more lump sum
payments as and when the design for each Authorized Facility is approved, but only after City has
received and approved all invoices for such services associated with the design of such Authorized
Facility.
(c) Assumption of Design by City. Notwithstanding the preceding provisions of
this Section, if the City determines that Developer is not proceeding with the design of an Authorized
Facility to be constructed by Developer for acquisition by City on a reasonable schedule which will
enable the City to insure that construction of such Authorized Facility can be completed in an
expeditious manner as provided in Section 6 hereof, the City may take over the design of the
Authorized Facility by giving Developer written notice thereof. Upon receipt of such a notice,
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Developer shall surrender to the City all plans and specifications which have then been completed or
which are in progress with respect to such Authorized Facility.
If the City takes over the design of an Authorized Facility as provided above, the City
shall reimburse Developer from the Available Construction Proceeds for the approved expenses
incurred in connection with the design of the Authorized Facility which have not previously been
reimbursed, provided there are sufficient funds remaining, after payment for the Authorized Facilities,
to do so. City shall be reimbursed from Available Construction Proceeds the expenses incurred to
complete the design. If the City takes over the design of other Authorized Facilities commenced by
Developer, the cost of a portion of the plans for such Authorized Facilities tak en over shall be eligible
for fee credits to the extent fee credits are applicable hereunder for Authorized Facilities.
Section 5. CONSTRUCTION FOR ACQUISITION. The City shall only be required
to acquire from Developer, and otherwise pay Developer for, the Authorized Facilities set forth in
Exhibit "A." Exhibit A includes the authorized discrete and usable portions, if any, of the Authorized
Facilities pursuant to Section 53313.51 of the Act to be acquired from the Developer. For those
Authorized Facilities which Developer constructs, Developer shall proceed with the construction
thereof in accordance with the approved plans and specifications.
For construction of Authorized Facilities under this Section, Developer shall comply with all
of the following requirements to insure that the Authorized Facilities will be constructed as if they
had been constructed under the direction and supervision, or under the authority of the City:
(a) Approval by City. The plans and specifications and form of contract documents
shall be approved by the City Engineer and City Attorney for conformance with City Codes and policy.
(b) Public Bidding. Based on qualifications submitted by the contractors,
Developer, in consultation with the City Engineer, shall select a list of qualified bidders for each
element of work. If Developer determines that the nature of a particular element of the construction
does not require a pre-qualified bid list, Developer may allow a particular element of the work to be
publicly bid without a pre-qualified bid list.
Developer shall receive and open bids and report the results to the City Engineer. On
elements of work with a pre-qualified bid list, bids will only be accepted from pre-qualified bidders.
Any value engineering proposals or other proposed changes to approved plans shall be submitted to
the City Engineer for approval in accordance with the City’s standard change order process in
compliance with City Standard Specifications Section 5-1.27E or any other applicable Code or policies
of the City. The City may require changes to the work. Developer shall promptly order such changes.
The contract or contracts for the construction of the Public Facilities shall be awarded to the lowest
responsive, responsible bidder(s) for the construction of the Public Facilities, as determined by
Developer.
(c) Contract Requirements. Developer is required, and the specifications and bid
and contract documents shall require all contractors and subcontractors, to pay prevailing wages and
to otherwise comply with all other prevailing wage laws and all other applicable provisions of the
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California Labor Code, Government Code and Public Contract Code relating to public works projects
of cities and as required by the procedures and standards of the City with respect to the construction of
its public works projects.
All contractors and subcontractors shall be required to provide proof of insurance
coverage throughout the term of the construction of the Authorized Facilities which they will construct
in conformance with the City's standard procedures and requirements.
No contractor or subcontractor may be listed on a bid proposal for the Authorized
Facilities unless registered with the Department of Industrial Relations pursuant to California Labor
Code section 1725.5. No contractor or subcontractor may work on the Authorized Facilities unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Developer shall be responsible for ensuring that these contractor registration requirements are adhered
to since the Project is subject to compliance monitoring and enforce ment by the Department of
Industrial Relations.
As required by Labor Code section 1773.3 Developer shall notify the Department of
Industrial Relations of the Project within thirty (30) days of the award of a contract to a contractor for
any of the Authorized Facilities.
(d) Proof of Insurance/Completion of Construction. All such contractors shall be
required to provide proof of insurance coverage throughout the term of the construction of the
Authorized Facilities which they will construct in conformance with the City's standard procedures and
requirements. Developer shall cause the Authorized Facilities to be constructed in an expeditious
manner as determined by the City to be in accordance with project approvals and development
progress. If Developer fails to expeditiously prosecute such construction of the Authorized Facilities
to be constructed by Developer for acquisition by the City, the City shall have the right and may elect
to take over the construction of such Authorized Facilities, or any part thereof, if it determines it is
necessary for it to so proceed in order to protect the City's interests. If the City elects to so proceed, it
shall notify Developer in writing that if Developer does not satisfy the City that construction is
proceeding expeditiously on the construction of an Authorized Facility within thirty (30) days after
receipt of such notice, the City will take over the construction of such Authorized Facilities. If after
receiving such a written notification Developer does not satisfy the City that they are proceeding
expeditiously to construct that portion of the Authorized Facilities identified in the written notification
to the satisfaction of the City, within thirty (30) days from the date of receipt thereof, Developer shall
relinquish to the City all design documents, and shall cooperate with the City in every way to ensure
that the construction of the Authorized Facilities will be completed expeditiously.
Notwithstanding the provisions of this Section, the sources of funds to be utilized by the City
for the construction of any such Authorized Facilities may include (i) the proceeds of the sale of bonds
of the District, (ii) the proceeds of applicable City development fees collected pursuant to the
applicable codes, ordinances and policies of the City, (iii) proceeds from the sale of the bonds of
another community facilities district or assessment district established over and including, property
in the City , to the extent allowed by law, (iv) interest earnings on the reserve fund or improvement
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fund for bonds of the District, to the extent such earnings are determined by the City to be available
for construction of the Authorized Facilities, (v) the Developer's subdivision bond or bonds to the
extent applicable, (vi) any other performance security that may have been provided by Develop er,
and (vii) the Developer's and/or contractors' performance bonds. To the extent that such sources may
be insufficient to pay for the construction of a Authorized Facility which will be constructed by the
City pursuant to this Section, the City may either construct only those Authorized Facilities which
can be constructed with such sources of funds which are available therefor, or the City may proceed
to complete the Authorized Facilities and charge the Developer, the Developer's bond or any
contractor's bond for the costs thereof. Nothing contained herein and no take-over of construction of
Authorized Facilities by the City shall relieve Developer of any of its responsibilities under any
development agreement or project approval relating to the Property.
Section 6. INSPECTION AND APPROVAL OF CONSTRUCTION . The City shall
provide such level of inspection of the progress of construction of the Authorized Facilities to be
constructed by Developer for acquisition or reimbursement therefor by the City as it deems necessary.
The City may provide engineering and inspection services using City staff, contracting with the San
Luis Obispo County Public Works Agency, or contracting with any other entity for these services (in
all cases referred to as the "City Inspectors"). City Inspectors shall have access to the construction
sites at all times for the purpose of conducting their inspections. Developer and its contractors shall
cooperate in every way with the City Inspectors to ensure that they are afforded an adequate
opportunity to inspect each and every aspect of the progress of construction of each and every such
Authorized Facility.
Section 7. LIENS. Upon the expiration of the time for the recording of claims of liens as
prescribed by Section 8400 and 8414 of the California Civil Code, Developer shall provide to the City
(as set forth in paragraph 9(a) below) such evidence or proof as the City shall reasonably require that
all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the
construction of the Authorized Facilities, or portion thereof, constructed by Developer for acquisition
by the City have been paid, and that no claims of liens have been recorded by or on behalf of any such
person, firm or corporation. During construction of the Authorized Facilities, Developer shall provide,
or cause its contractors to provide, conditional lien releases with respect to pending Requests for
Payment (and unconditional lien releases for previously paid Requests for Payment), in accordance
with the statutory requirements and as may be requested by City.
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Section 8 . PAYMENT OF ACQUISITION PRICE.
(a) Request for Payment of Acquisition Price. On the 30th day of each month
following commencement of construction of any of the Authorized Facilities or such other dates as are
mutually agreeable by City and Developer, Developer will submit to City an invoice, or other form of
request, for payment (the "Request for Payment") of the Acquisition Price (as determined below) for
the portion of each Authorized Facility or eligible, discrete and usable portion thereof described in
Exhibit A (each, an “Eligible Portion”), for which construction is complete as provided in Section 10.
The Request for Payment shall be made on the form attached hereto as Exhibit "B" and include such
necessary information (including invoices, receipts, worksheets and other evidence) in sufficient detail
to allow the City to verify the Acquisition Price of such Authorized Facilities or Eligible Portion. With
the Request for Payment, Developer shall also submit copies of verifications of inspections conducted
pursuant to Section 7 and lien releases pursuant to Section 8 above for the portions of the Authorized
Facilities for which the Request for Payment is submitted.
(b) City Inspection. Upon submittal of a complete (as reasonably determined by
City) Request for Payment, the City Inspectors shall verify the type and quantity of work described in
the Request for Payment as having been completed and confirm said work is completed in a satisfactory
manner and capable of serviceable use, subject only to “Punch List” items. Thereafter, City Inspectors
shall transmit to the City's Finance Department the findings of their review and then consult with the
Finance Department as needed to determine the Acquisition Price.
(c) Determination of Acquisition Price. Upon confirmation by the City Inspectors
that the Authorized Facilities or Eligible Portion are complete, the City shall determine the Acquisition
Price (or in the case of a reimbursement, the reimbursement amount, which hereinafter is included in
the term "Acquisition Price") to be paid by the City for the acquisition from Developer of the
Authorized Facilities or Eligible Portion for which construction was completed by Developer during
said prior month. The Acquisition Price for the Authorized Facility or Eligible Portion shall include the
actual cost of construction (or payment) thereof as determined by the contract prices as set forth in
contracts and purchase orders entered into by Developer with its contractors, and suppliers, in
accordance with standards and procedures therefor as prescribed by the City. The City shall use its best
efforts to determine the Acquisition Price within twenty (20) business days from receipt of a Request
for Payment to determine the Acquisition Price. Upon determining the Acquisition Price, City shall
promptly notify Developer in writing of such Acquisition Price.
Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred
pursuant to single contracts that include work relating also to the private portions of the Project. In
those instances, the total costs under such contracts will be allocated to each Authorized Facility. Where
a specific contract has been awarded for design or engineering work relating solely to an Authorized
Facility, one hundred percent (100%) of the costs under the contract will be allocated to that Authorized
Facility. Amounts allocated to an Authorized Facility will be further allocated among the Eligible
Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed
for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire
Authorized Facility. Costs will be allocated to each Authorized Facility as approved by the City
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Inspectors. The costs of certain environmental mitigation required to mitigate impacts of the public and
private portions of the Project will be allocated to each Authorized Facility as approved by the City
Inspectors.
(d) Payment of Acquisition Price. Within forty-five (45) days after receipt of a
complete (as reasonably determined by City) Request for Payment, the City, through its fiscal agent, shall
pay from the Available Construction Proceeds the Acquisition Price then due to Developer. If the
Payment Request indicates that Developer is withholding from its contractor a retention of a least five
percent (5%) of the contract price for the constructed Authorized Facility or Eligible Portion, then the
full amount of the approved Acquisition Price for such Authorized Facility or Eligible Portion shall be
authorized for payment to Developer; if the Payment Request does not indicate the withholding by
Developer of such five percent (5%) retention, then the amount to be paid to Developer shall be equal to
the Acquisition Price, less a retention of five percent (5%) of the contract price for the constructed
Authorized Facility or Eligible Portion. Upon completion of such Authorized Facility or Eligible Portion
in its entirety, including all "Punch List" work, and acceptance of the Authorized Facility or Eligible
Portion by the City, the City, through its fiscal agent, shall pay from the Available Construction Proceeds
the balance of the Acquisition Price then due Developer for such Facility, including any 5% progress
retention then paid by Developer or any 5% retentions previously retained by City with respect thereto.
City may withhold payment from a Developer if the Developer requesting payment owes the City money
on outstanding invoices or is delinquent in the payment of any special taxes, until such balance is
brought to zero.
(e) Payment Limited to Available Construction Proceeds. As noted hereunder,
payments to Developer shall be payable solely from the Available Construction Proceeds. The amount to be
paid to Developer shall be a reimbursement for actual costs incurred as determined by the City in accordance
with this Agreement and shall not exceed the Developer's cost thereof as reasonably determined by the City
to be eligible under the Act to be part of the Acquisition Price of Authorized Facilities. All portions of the
Authorized Facilities not acquired with the Available Construction Proceeds shall nonetheless be constructed
by the Developer, to the extent required by the project approvals. In the event Available Construction
Proceeds are insufficient to pay the eligible Acquisition Price, any shortfall shall be the responsibility of the
Developer, however Developer may request that all or any portion of such shortfall be reimbursed from
additional series of bonds for the District if and when such additional bonds are issued, and in such event the
deferred amount will be eligible for reimbursement from proceeds of such future bonds, to the extent funds
are available.
(f) No Recourse for Payment from City General Fund. The obligations arising from
this Agreement are not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance, upon
any of its General Fund or any of its property, or upon any of its income, receipts, or revenues, and are
payable only and solely from the Available Construction Proceeds generated by the District from time to
time.
(g) Annual Accounting of Available Construction Proceeds. At the request of
Developer, which shall be not more than once a year during the term of this Agreement, City shall prepare
and provide to Developer an accounting (an "Annual Accounting") of the following: (i) the total amount
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of Available Construction Proceeds then on deposit in the Improvement Fund hereunder and deposited
thereto from the prior fiscal year; (ii) the fiscal year tax roll submitted to the County Auditor-Controller;
(iii) the amount of all charges and credits to the Improvement Fund during the prior fiscal year, including
interest earnings on the funds therein and charges for City administration and any third party consultant
or administration fees; and (iv) the amount, if any, of outstanding payments then approved for payment to
Developer pursuant to approved Requests for Payment.
Section 9. ACQUISITION/OWNERSHIP OF FACILITIES.
(a) Dedication of Authorized Facilities. Upon determination by Developer that an
Authorized Facility is complete and ready for acceptance by the City, Developer shall execute and
submit to City an offer of dedication (or other such instrument acceptable to the City or applicable
public entity) irrevocably offering to transfer ownership of the Authorized Facility (the "Offer of
Dedication").
(b) Review of Completed Construction. Upon delivery to City or other public agency
or utility of the Offer of Dedication and upon (i) completion of the construction of an Authorized
Facility, (ii) receipt of written notification from City's Inspectors that construction thereof has been
completed in accordance with the plans and specifications thereof and the City's or other entity's
standard requirements, and (iii) receipt of satisfactory proof, based on the records of Developer and
the City and such certifications as the City may require, that the requirements of Section 6 hereof have
been satisfied, the City shall notify Developer in writing that the construction of the Authorized Facility
has been satisfactorily completed. Upon receiving such notification of a completed Authorized Facility,
Developer shall forthwith file with the County Recorder of the County of San Luis Obispo a Notice of
Completion pursuant to the provision of Section 8184 of the California Civil Code. Developer shall
furnish to the City a duplicate copy of each such Notice of Completion showing thereon the date of
filing with the County Recorder. The costs incurred by the City in inspecting and approving the
construction of the Authorized Facilities shall be paid by Developer, subject to reimbursement from
Available Construction Proceeds. Upon recordation of a Notice of Completion, the City or other entity
shall accept the Authorized Facility offered and the one-year warranty period provided in Section 11(c)
shall commence.
(c) Ownership of Facilities. Notwithstanding the fact that some of the Authorized
Facilities, or components or segments thereof, to be constructed by Developer for acquisition by the
City or other public agency or utility may be constructed in dedicated street rights-of-way or on
property which has been or will be dedicated or offered for dedication to the City, District or other
entity, such Authorized Facilities, or components or segments, shall be and remain the property of
Developer, and Developer shall be responsible for any loss or damage thereto or liability arising
therefrom, until they are acquired by the City or other entity as provided in this Agreement. Such
ownership by Developer shall likewise not be affected by any agreement which Developer may enter
into with the City pursuant to the provisions of the Subdivision Map Act (Section 66410 et seq. of the
California Government Code) which agreement may contain or include provisions with respect to the
construction and ownership of Authorized Facilities which provisions may seem to be contradictory to
the provision of this Agreement. The provisions of this Section shall control.
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(d) Maintenance of Authorized Facilities. Until an Authorized Facility is acquired by
the City or other public agency or utility, Developer shall maintain it, and shall keep the same free of
any liens and in good operating condition. Upon the acceptance of an Offer of Dedication of an
Authorized Facility by the City or other entity, the City or other entity shall, except as otherwise
provided in the Project Approvals, become responsible for its maintenance, subject to the warranty
period in Section 11(c).
(e) Dedication of Rights-of-Way. Notwithstanding the preceding provisions of this
Section, the City will not acquire any Authorized Facilities, unless and until the street, drainage or
other utility rights of way where they are located have been irrevocably offered to the City for
dedication.
Section 1 0. IMPROVEMENT SECURITY.
(a) Security Prior to Final Maps. Notwithstanding the provisions of this
Agreement, Developer shall be required to agree to construct and to secure the construction and
completion of construction of the Authorized Facilities, or portions thereof, as a condition precedent
to the approval of final subdivision or parcel maps for portions of Developer's Property as required by
the City pursuant to Section 66462 and Sections 66499 through 66499.10 of the Government Code.
(b) Reduction in Amount of Improvement Bonds. The aggregate principal amount
of the improvement bonds or other security provided by Developer pursuant to this Section shall be
reduced by such amount as the City shall reasonably determine is appropriate upon receipt of the
proceeds derived from the District from the sale of the Bond s. The amount of the reduction of such
aggregate principal amount shall be determined by the City based on the amount of each such
improvement bond or other security which relates to the Authorized Facilities to be constructed or
acquired with the Available Construction Proceeds provided by the sale of the Bonds and special tax
revenues derived from the District.
(c) Performance Bonds-One Year Warranty. Developer warrants to the City or
other public agency or utility having jurisdiction that the Authorized Facilities constructed by
Developer and acquired by the City or other applicable public agency or utility shall be free from
defects in workmanship or materials for a period of one year from the date of acceptance by the City
or the applicable public agency or utility. All subdivision and performance bonds shall provide, among
other things, that the principal thereof, whether that be Developer or its contractor(s), guarantees that
the completed Authorized Facilities shall be free from defects resulting from faulty workmanship and
materials for a period of one (1) year from the date of acceptance by the City or other public entity,
and the obligation of the surety shall extend to the fulfilling of that guarantee. At the end of said one-
year period, and subject to certification from the City Engineer that any defects have been corrected,
the obligation of the principal and surety named therein shall cease.
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Section 1 1. FAIR SHARE CREDITS .
The Developer is obligated pursuant to its development agreement to provide certain fair share
contributions toward required infrastructure, including certain transportation Authorized Facilities
identified on Exhibit A. Upon written request of the Developer, the City shall apply the Available
Construction Proceeds toward the Developer’s fair share obligation, subject to any applicable federal
income tax requirements relating to the use of tax-exempt bond proceeds. If the Developer had not
already directly paid the City for the amount of such fair share obligation, the Developer’s fair share
obligation shall be reduced by the amount of Available Construction Proceeds so applied. If the
Developer had already directly paid the City for the amount of such fair share obligation from a source
other than Available Construction Proceeds, the City shall instead reimburse the Developer for such
contribution from Bond proceeds.
Section 12 . GAP SHORTFALL.
(a) "Gap Shortfall" Defined. The parties anticipate that a shortfall will occur
between: (i) the anticipated cost of the Authorized Facilities as determined from the actual construction
and design contracts and related invoices therefor and the actual costs of all other Authorized Facilities
and (ii) the Net Bond Proceeds (hereafter referred to as the "Gap Shortfall.")
(b) Reimbursement of Gap Shortfall to Developer. To cover the Gap Shortfall,
Developer agrees with the City to defer payment of the Gap Shortfall until and to the extent the District
can impose and collect annual special taxes in excess of the amounts required annually to pay required
debt service, replenish the debt service reserve fund, cure bond delinquencies and pay City
administration costs associated therewith ("Available Special Tax Revenues"). In consideration of
such deferral of payment of the Gap Shortfall, City covenants and agrees that upon the Developer's
request, either prior to or at any time after the sale and issuance of the Bonds, the City shall levy and
collect the special taxes against all Developed Properties within the District (as such “Developed
Property” is defined in the Rate and Method of Apportionment of Special Taxes for the District), at
the maximum rate permitted under the District and annually pay, after September 1st of each year, to
Developer from one half of the Available Special Tax Revenues payments towards such deferred Gap
Shortfall, for a period of twenty (20) years (unless the Gap Shortfall is sooner paid in full) beginning
with Available Special Tax Revenues in the first year the special tax is levied in the District (the "Gap
Shortfall Period"). The City may use the remaining half of the Available Special Tax Revenues
during the Gap Shortfall Period and may use all Available Special Tax Revenues after the expiration
of the Gap Shortfall Period for any other purpose authorized for the District, as determined by the City
in its sole discretion. The method described herein of funding Authorized Facilities from accumulated
Available Special Tax Revenues is known as the "Pay-As-You-Go" method of funding.
(c) Personal to Developer. Regardless of who pays the cost for any Authorized
Facilities, the reimbursement of the Gap Shortfall hereunder shall be personal to Developer, shall not
run with the land, and shall not be assigned by Developer without the written consent of the City, which
shall not be unreasonably withheld.
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Section 13. CONSTRUCTION OF OTHER FACILITIES. Developer shall also
proceed expeditiously with the design and construction of the other improvements and facilities, other
than the Authorized Facilities, which are necessary to the development of the Specific Plan and the
provision of municipal services within the District and to the residents therein. Such other public
improvements and facilities shall be designed and constructed on a schedule which will not delay or
interfere in any way with the design and construction of the Authorized Facilities. The provisions of
this Section shall not supersede those of any other agreement between Developer and the City.
Section 1 4. INDEMNIFICATION; INSURANCE.
(a) Indemnity. Developer shall defend with counsel of City’s reasonable choice,
indemnify and hold harmless the City, the District, and their officers, agents and employees from any
and all liability, cost and expense in connection with the construction of the Authorized Facilities to
be constructed by Developer for acquisition by the City, including, but not limited to, liability, costs,
expense and claims arising under the procedures set forth in Section 6 of this Agreement. Developer
shall also defend with counsel of City’s reasonable choice, indemnify and hold harmless the City, the
District, their officers, agents and employees from any and all liability, cost and expense in connection
with the ownership of the Authorized Facilities to be constructed by Developer for acquisition by the
City prior to the time the City accepts the Authorized Facilities, whether or not such Authorized
Facilities are to be acquired with Bond proceeds. The indemnity obligations of Developer as set forth
herein shall terminate no less than two years following acceptance of the Authorized Facilities by the
City.
(b) General Liability Insurance. Developer shall procure and provide, until
construction of all of the Authorized Facilities to be constructed by Developer is completed and
acceptance thereof by the City has occurred, a broad form comprehensive general liability policy of
insurance, in a form acceptable to the City, naming the City, the District and their officers, agents and
employees as additional insureds, having a single aggregate liability limit as to all coverages provided
thereby in the amount of not less than $2,000,000. Before commencing the construction of any
Authorized Facility, Developer shall provide the City with a certification of insurance and endorsement
as to such insurance, in a form acceptable to the City, and Developer shall upon each renewal of s uch
insurance policy provide the City with a new certificate of insurance with respect thereto. Such policies
shall provide that the policies will not be canceled or allowed to lapse without thirty (30) days’ written
notice to the City.
(c) Workers' Compensation Insurance. Developer shall also furnish to the City,
prior to commencing the construction of any Authorized Facility to be constructed by Developer for
acquisition by the City, a certificate of insurance evidencing that Developer has procured and has in
force a current policy of workers' compensation insurance in compliance with California law as to all
workers to be employed by Developer in connection with the design and construction of the Authorized
Facilities. Developer shall require each person, firm or corporation with whom it contracts in
connection with the design and construction of the Authorized Facilities to provide and maintain such
workers' compensation insurance and a broad form comprehensive general liability insurance policy
in the amount hereinabove specified and in a form acceptable to the City. Developer shall provide to
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the City proof, in such form and at such intervals as set forth below, that each contractor with whom it
contracts has procured and is maintaining such insurance.
(d) Contractor/Sub Contractor Insurance Coverage. Within thirty (30) days of the
date of this Agreement, and thereafter, upon the execution of each contract with each person, firm or
corporation with whom Developer contracts in connection with the design and construction of the
Authorized Facilities, and prior to permitting any such person, firm or corporation to commence, or
continue, work under such contract, as applicable, Developer shall provide to the City a certificate
from the insurance provider for each such contractor that the contractor has in force the insurance
policies required of it under this Section 14, that the City is named as an additional insured on the broad
form comprehensive general liability insurance policy of such contractor with a waiver of subrogation
rights against the City by the insurer, and that the policies will not be canceled or allowed to lapse
without thirty (30) days’ written notice to the City.
(e) Reimbursement for Insurance Premiums. The premiums paid by Developer for
the insurance required by this Section may be included in the Acquisition Price to be paid by the City
for the Authorized Facilities to be constructed by Developer as an incidental cost.
Section 15. BINDING ON COMMUNITY FACILITIES DISTRICT. The District
shall automatically become a party to this Agreement to the extent permitted by California law, and all
provisions hereof which apply to the City shall so apply to the District. The City Council of the City,
acting for the District, shall perform all parts of this Agreement which require performance on the part
of the District.
Section 16. ASSIGNMENT. Developer may not assign this Agreement or any right or
duty hereunder without the express written approval of the City. The City may condition any such
approval on proof of the financial responsibility and experience of a proposed assignee to undertake
and perform the duties and responsibilities of Developer under this Agreement. The City's approval
of an assignment of this Agreement and the rights and duties of Developer hereunder shall not be
unreasonably withheld or delayed.
Section 17. PROMPT ACTION. All consents, approvals and determinations required of
either the City or Developer pursuant to this Agreement shall be promptly given or made and shall not
be unreasonably withheld.
Section 18. GENERAL. This Agreement contains the entire agreement between the
parties with respect to the matters herein provided for and may be amended by a subsequent written
agreement signed on behalf of both parties. This Agreement is for the exclusive benefit of the par ties
and shall not be construed to confer any rights or benefits upon any persons other than the City and
Developer. This Agreement shall, however, inure to the benefit of and be binding upon the successors
and assigns of the parties. This Agreement shall be construed and governed by the Constitution and
laws of the State of California. Should either party to this Agreement commence a court action or
proceeding against the other party with respect to this Agreement or the design and acquisition or
construction of the Authorized Facilities, the party prevailing in such action or proceeding shall be
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entitled to receive from the losing party its attorney's fees, expert witness' fees, court costs, and other
costs incurred by it in prosecuting or defending such action or proceeding. Any action arising out of
this Agreement shall be brought in San Luis Obispo County, California, regardless of where else venue
may lie. If any of the provisions contained in this Agreement are for any reason held invalid or
unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability
of the Agreement as a whole. The captions of the sections of this Agreement are provided for
convenience only and shall not have any bearing on the interpretation of any section hereof. This
Agreement may be executed in several counterparts, each of which shall be an original of the same
Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the date
first above written.
CITY OF SAN LUIS OBISPO,
a municipal corporation
By:
Derek J. Johnson
City Manager
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
MI SAN LUIS RANCH, LLC,
a Delaware limited liability company
By: _____________________________
MI ENTITLEMENT IV, LLC, a Delaware
limited liability company, Its Manager
By: _____________________________
GGCCB, LLC, a California limited
liability company, Its Manager
By:_____________________________
Gary H. Grossman
Manager
LIST OF EXHIBITS:
EXHIBIT A - List of Authorized Facilities
EXHIBIT B - Form for Request for Payment
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EXHIBIT A
City of San Luis Obispo
San Luis Ranch Community Facilities District No. 2019-1
L IST OF F ACILITIES AUTHORIZED TO BE FUNDED BY CFD NO. 2019-1
In addition to the facilities described below, other expenses incidental to the below and authorized
by the Act, including but not limited to: the cost of planning, permitting, and designing the facilities
(including the cost of environmental evaluation, orthophotography, environmental
remediation/mitigation); land acquisition and easement payments for the facilities; project
management; construction staking; engineering studies and reports; utility relocation and
demolition costs incidental to construction of the facilities, wetland/species mitigation purchase;
reimbursements to other areas for infrastructure facilities or planning serving development in the
Community Facilities District; legal, engineering, technical studies costs related to the facilities
and any other expenses incidental to the construction, completion, and inspection of the facilities.
Transportation Improvements
Public roadway and bikeway improvements designed to meet the needs of the project, including
those improvements identified in the San Luis Ranch Financing Plan, including but not limited
to:
Item # Item
ROADWAYS
1 Froom Ranch Way (Prado to Oceanaire) Including Bridge
2 Froom Ranch Way (Oceanaire to Target Driveway)
3 Froom Ranch Way & LOVR Intersection Widening
4 Prado Road/US 101 Overpass and North Bound Lanes (fair share portion)
5 Prado Road Southbound Ramps (fair share portion)
6 Madonna & Dalidio/Prado Intersection Widening
OTHER AREA ROADWAYS (MITIGATIONS)
7 Madonna & SB 101 Off Ramp - Lengthen EB Left Turn Pocket
8 Madonna & Oceanaire Pedestrian X-ing Enhancements
9 Madonna & San Luis Ranch Way Pedestrian X-ing Enhancement
10 LOVR & SB 101 Off Ramp - Lengthen Left Turn Pocket
11 LOVR & Higuera - Lengthen EB Right Turn Pocket
12 Higuera & South - Lengthen NB Right Turn Pocket
OTHER AREA ROADWAY MITIGATIONS - FEE ONLY PROJECTS
13 Prado & Higuera Widening
14 Madonna Rd @ LOVR - Signal Timing Optimization
15 Madonna & Oceanaire Turn Lane Extensions
16 Madonna & LOVR - Turn Lane Extensions
17 LOVR & Auto Park Way Signalization
18 Higuera & Tank Farm - Lengthen NB Right Turn Pocket
SLR BIKEWAYS
19 Prado Road Class I Path (Madonna to Froom)
20 Madonna Road Class I Path / Protected bikeway (Hwy 101 to Oceanaire)
21 Bob Jones Trail (Calle Joaquin to Froom Ranch Road)
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SLR BIKEWAYS - FEE ONLY PROJECTS
22 Prado Road Class I Path (NB Ramps to Higuera)
23
24
Bob Jones Trail (Madonna to Prado)
IN-TRACT SUBDIVISION IMPROVEMENTS
Non-backbone subdivision streets and associated curb, gutter, and sidewalk improvements. Necessary sewer and water
improvements (underground) associated therewith.
Eligible roadway improvements include the following items: acquisition of land and easements;
roadway design; project management; geotechnical engineering, testing and observations; bridge
crossings and culverts; clearing, grubbing, and demolition; grading, soil import/export, paving
(including slurry seal), and decorative/enhanced pavement concrete or pavers; power pole
relocations; joint trenches, underground utilities, and undergrounding of existing utilities; dry
utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including on- and off-site), park
and ride facilities, bus rapid transit improvements, including transfer stations and regional public
transit improvements; retaining walls, sound walls, enhanced fencing, and access ramps; street
lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion
control; median and parkway landscaping and irrigation; entry monumentation; bus shelters;
masonry walls; and other improvements related thereto. Eligible improvements for the roads listed
above also include any and all necessary underground potable and non-potable water, sanitary
sewer, and storm drainage system improvements.
Potable and Non-Potable Water System Improvements
Authorized facilities include any and all on- and off-site backbone water facilities designed to meet
the needs of development of the project. These facilities include potable and non-potable mains,
valves, services, and appurtenances; wells; and water treatment and storage facilities, and related
improvements, including but not limited to: site clearing, gr ading, and paving; curbs and gutters;
recycled water storage tanks, booster pump stations, and all appurtenances thereto; wells; water
treatment; stand-by generator; site lighting, drainage, sanitary sewer, and water service;
landscaping and irrigation; access gates and fencing; striping and signage; and including, but not
limited to, the following:
• Water lines in/associated with authorized facility roads.
• Recycled water lines in/associated with authorized facility roads.
Drainage System Improvements
Authorized facilities include any and all on- and off-site backbone drainage and storm drainage
improvements designed to meet the needs of development of the project. These facilities include
mains, pipelines and appurtenances, outfalls and water quality measur es, temporary drainage
facilities, detention/retention basins, and drainage pretreatment facilities; drainage ways/channels,
pump stations, landscaping, and irrigation; access roads, gates, and fencing; striping and signage;
and including, but not limited to, the following:
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• All storm drain lines and facilities in/associated with authorized facility roadways.
• Retention, detention, hydro-modification, and other drainage facilities.
Wastewater System Improvements
Authorized facilities include any and all on- and off-site backbone wastewater facilities designed
to meet the needs of development of the project. These facilities include pipelines and all
appurtenances thereto; manholes; tie-in to existing main line; force mains; lift stations; odor-
control facilities; sewer treatment plant improvements and permitting related thereto; and related
sewer system improvements, including but not limited to:
• All wastewater facilities in/associated with authorized facility roadways.
Solid Waste Improvements
Authorized facilities include any and all backbone solid waste improvements designed to meet the
needs of development of the project.
Park and Landscape Corridor Improvements
Authorized facilities include any and all improvements to parks and landscape corridors located in
the project.
Open Space Improvements
Authorized facilities include any and all open space improvements designed to meet the needs of
development of the project, including bike trails, bike/pedestrian bridges, storm drain crossings,
storm drain detention/retention, wetland mitigation, tree mitigation, agricultural mitigation or
wetland mitigation, property acquisition, endowment payments for open space management,
landscaping and irrigation, access gates and fencing, and related open space improvements.
Utilities
Authorized facilities include any and all on- and off-site utility improvements designed to meet
the needs of development of the project, including but not limited to:
• New 24” HDPE Sewer Trunk Line.
All utility improvements, easement payments, and land acquisition not located under or alongside
transportation improvements are considered authorized facilities.
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Discrete Components for Froom Ranch Way
ITEM DESCRIPTION
COST
ESTIMATE
1 DESIGN
$
421,000.00
Engineering
Geotechnical
2 RIGHT-OF-WAY GRADING
$
254,320.00
Clearing
Recompaction
Excavation and Compaction
Finish Grading
3 STORM DRAIN SYSTEM
$
1,679,145.00
Storm Drain Pipe
Storm Drain Manholes
Storm Drain Inlets
4 SEWER SYSTEM
$
1,126,230.00
Sewer Pipe
Sewer Manholes
5 WATER SYSTEMS
$
813,485.00
Water Pipe
Water Valves
Water Services
Fire Hydrants
6 ELECTRIC, COMMUNICATION, GAS SYSTEM
$
720,820.00
Electric and Communication Joint Trench
Electric and Communication Structures
Electric and Communication Services
Gas Main
7 SURFACE IMPROVEMENTS
$
2,690,651.00
Curb and Gutter
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Pedestrian Ramps
Sidewalks
Bus Stops
Aggregate Base
Asphalt Paving
Striping
Pedestrian Signal
Bike Path
Street Lights
8 BRIDGE AND FOUNDATION
$
2,245,948.00
Steel Truss Bridge
Bridge Foundation
Bridge Deck
Bridge Utilities
9 LANDSCAPE
$
1,259,186.00
Irrigation
Planting
Bio Filtration Basins
Walls
TOTAL FACILITY COST ESTIMATE
$
11,210,785.00
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EXHIBIT B
City of San Luis Obispo
San Luis Ranch Community Facilities District No. 201__-__
Payment Request Form
The undersigned Developer hereby requests payment pursuant to the Funding,
Construction and Acquisition Agreement dated _______ __, 202__ (the “Agreement”), between
the City of San Luis Obispo (“City”) and MI San Luis Ranch, LLC (“Developer”), in the total
amount of $____________. (Capitalized terms used herein unless otherwise defined herein shall
have the meanings ascribed thereto in the Agreement.) T he payment requested is for the portion
of the Authorized Facility that has been completed by Developer (the “Completed Work”) and is
the subject of this request for payment, as more fully described in Schedule 1 hereto.
In connection with this request for payment, the undersigned hereby represents and
warrants to City as follows:
1. The person executing this request on behalf of Developer is duly authorized to do so
and is knowledgeable as to the matters set forth herein.
2. The Completed Work described in Schedule 1 hereto has been constructed in
accordance with the approved plans therefor.
3. The true and correct actual cost of the Completed Work for which payment is requested
is set forth in Schedule 1.
4. Attached hereto are invoices, receipts, worksheets and other evidence of actual cost that
are in sufficient detail to allow City Inspectors and City consultants to verify the actual cost of the
Completed Work for which payment is requested. The amount requested hereby [excludes a
retention of 5% of the amounts invoiced] [includes an amount previously retained from payment]
pursuant to the terms of a construction contract.
5. There has not been filed with or served upon Developer notice of any lien, right to lien
or attachment upon, or claim affecting the right to receive the payment requested herein that has
not been released or will not be released simultaneously with the payment of such obligation, other
than materialman’s or mechanics’ liens accruing by operation of law. Copies of lien releases for
all Completed Work for which payment is requested hereunder are attached hereto.
6. Developer is in compliance with the terms and provisions of the Agreement. Payment
of the amount requested hereby should be made payable to:
and sent to:
at the following address:
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I(we) hereby declare under penalty of perjury that the above representations and warranties are
true and correct.
Developer:
MI SAN LUIS RANCH, LLC,
a Delaware limited liability company
By: MI Entitlement IV, LLC,
a Delaware limited liability company,
Its Manager
By: GGCCB, LLC,
a California limited liability company,
Its Manager
By:
Name:
Title:
ATTACHMENTS:
SCHEDULE 1 Description of Completed Work and Cost
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Department Name: Administration and IT
Cost Center: 1006
For Agenda of: October 20, 2020
Placement: Public Hearing
Estimated Time: 30 minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT
RECOMMENDATION
1. Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the San Luis Obispo Tourism Business Improvement District and determine
whether a legally sufficient protest is made; and
2. If no legally sufficient protest is made, adopt a Resolution affirming the continuation of the
San Luis Obispo Tourism Business Improvement District, setting forth the basis for the
assessment, and levying the assessment upon hotels in the district for fiscal year 2020-21
(Attachment A).
DISCUSSION
Background & Previous Council Action
On October 6, 2020, Council reviewed and approved the San Luis Obispo Tourism Business
Improvement District (TBID) Board’s annual report pursuant to Municipal Code Section
12.42.060 (Attachment B).
The City’s Municipal Code further requires that, after the approval of the annual report, Council
may choose to adopt a resolution of intention to levy an annual assessment for that fiscal year
and schedule a public hearing to receive any written or oral protests against the district.
Resolution No. 11171 (2020 Series), setting such a hearing, was adopted on October 6, 2020
(Attachment C).
Following the October 6, 2020, Council action, all lodging businesses within the district
including hotels, motels, bed and breakfast properties and the City permitted homestays1, were
noticed for the public hearing scheduled for October 20, 2020. Those notices were sent on
October 9, 2020 to all assessed properties.
1 Whether or not permitted, it should be noted that unpermitted or unauthorized homestays are subject to the TBID
assessment, Visit SLO CAL assessment and Transit Occupancy Taxes (TOT).
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Council Action: Public Hearing and Resolution
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code and San
Luis Obispo Municipal Code Section 12.42.060, the Council has the ability to continue the San
Luis Obispo TBID at the public hearing, unless oral or written protests are received from City
hoteliers that will pay 50% or more of the proposed assessments. Under Municipal Code Section
12.42.060, protests are weighted based upon the proportion of annual assessment for the prior
year by each property. Staff will have assessment information available at the meeting, but for
confidentiality reasons, this information is not made public before or at the meeting as it reveals
proprietary data about business activity. In the event that a sufficient negative protest occurs, no
further proceedings to continue the levy of assessments for that fiscal year shall take place.
At the conclusion of the public hearing, if insufficient protest is received, Council may then
adopt a resolution affirming the continuation of the San Luis Obispo TBID, setting forth the
basis for the assessment, and levying the assessment upon hotels in the district for fiscal year
2020-21.
Policy Context
As referenced in the City’s Municipal Code, Section 12.42.060 and Sections 36524 and 36525 of
the California Streets and Highways Code, after approval of the annual report, the City Council
shall follow the hearing process. At the public hearing, the City Council shall hear and consider
all protests. If written protests are received from businesses in the district paying 50% or more of
the annual assessment, no further proceedings to continue the levy of assessments shall take
place. The protests shall be weighted based upon the annual assessment for the prior year by
each business. (Ord. 1517 § 3 (part), 2008.)
Public Engagement
This item is on the agenda for the October 20, 2020 Council meeting and will follow all required
postings and notifications. The public may have an opportunity to comment on this item at or
before the meeting.
All Advisory Body Meetings for the TBID were noticed in accordance with Brown Act
standards.
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.
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FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other: TBID Fund 1,253,400 1,253,400
Total 1,253,400*
* In 2020-21, the TBID projected revenue is $1,253,400, which is intended to be used for
tourism marketing and promotion. All costs associated with TBID program expenditures are paid
with TBID revenues. The City retains 2% of TBID revenues to offset administrative overhead
which is approximately $25,068 in FY 2020-21.
ALTERNATIVES
1. Delay the public hearing. Staff does not recommend this alternative because all legally
required noticing has been completed. In addition to the legal noticing, staff provided
additional constituent outreach. In the event that the City receives close to 50% protest, the
Council could delay the public hearing in order verify protest submissions.
2. Deny the resolution. Staff does not recommend this alternative if the requirements to deny
the resolution under the legal protest specifications were not met.
Attachments:
a - Draft Resolution
b - Action Update for October 6, 2020 Council Meeting
c - Resolution 11171 (2020 Series) Declaring Intention to Continue TBID
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R ______
RESOLUTION NO. _____ (2020 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING THE BASIS FOR AND THE LEVY
OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM
BUSINESS IMPROVEMENT DISTRICT AND AFFIRMING THE
ESTABLISHMENT OF THE DISTRICT
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts for
several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism
Business Improvement District had requested the City of San Luis Obispo establish such a self-
assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was established
in July 2008, and the San Luis Obispo Tourism Business Improvement District Law was
incorporated into the Municipal Code under Chapter 12.42 (hereinafter referred to as the “Tourism
Business Improvement District Law”); and
WHEREAS, the City Council appointed an advisory board to carry out the functions
specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and
recommendations regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District Law and the
Parking and Business Improvement Law of 1989 requires the advisory body to prepare and submit
an annual report stating proposed changes, improvements and activities for the fiscal year; and
WHEREAS, such report was filed and approved by the City Council on October 6, 2020:
and
WHEREAS, on October 6, 2020 the City Council adopted Resolution No. 11171 (2020
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement
District in 2020-21; and
WHEREAS, notices regarding the approval of the public hearing were sent on October 9,
2020 to all assessed properties; and
WHEREAS, the City Council held a duly noticed Public Hearing on October 20, 2020 to
allow for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in
the district which pay fifty percent or more of the assessment;
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Resolution No. ________ (2020 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
a) The establishment of Tourism Business Improvement District in the City of San Luis
Obispo in accordance with the San Luis Obispo Municipal Code Chapter 12.42, and
the California Streets and Highways Code, section 36500 et seq. (Parking and Business
Improvement Law of 1989) is affirmed.
b) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs
that increase overnight lodging.
c) The assessment shall be levied and allocated by the City of San Luis Obispo.
d) The assessment shall be levied on all “hotels,” as that term is defined in San Luis
Obispo Municipal Code Section 3.04.020, to wit: any structure, or any portion of any
structure, which is occupied or intended or designed for occupancy by transients for
dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed
location, or other similar structure or portion thereof.
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Resolution No. ________ (2020 Series) Page 3
R ______
e) The assessment shall be based on two percent (2%) of gross room rent.
f) New hotels shall not be exempt from immediate assessment.
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 _____________________, 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
____________________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on __________________.
____________________________________
Teresa Purrington,
City Clerk
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Action Update
CITY OF SAN LUIS OBISPO CITY COUNCIL
Tuesday, October 6, 2020
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 6, 2020
at 6:00 p.m. via teleconference by Mayor Harmon.
1. DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION
Mayor Harmon presented a Proclamation declaring the month of October as “Domestic Violence
Awareness Month to Jenny Adams on behalf of Stand Strong.
2. FIRE PREVENTION WEEK PROCLAMATION
Mayor Harmon presented a Proclamation declaring the week of October 4th to October 10th as Fire
Prevention Week to Fire Chief Keith Aggson.
CONSENT AGENDA
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
4. MINUTES REVIEW – SEPTEMBER 15, 2020 CITY COUNCIL MEETING
CARRIED 5-0, to approve the minutes of the City Council meeting held on September 15, 2020.
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1689 (2020 SERIES)
ESTABLISHING PRE-ZONING AND AMENDMENT OF THE CITY’S ZONING MAP TO
APPLY UPON ANNEXATION OF PROPERTIES WITHIN THE FROOM RANCH
SPECIFIC PLAN AREA (12165 AND 12393 LOS OSOS VALLEY ROAD)
CARRIED 5-0, to adopt Ordinance No. 1689 (2020 Series) entitled, “An Ordinance of the City
Council of the City of San Luis Obispo, California, establishing pre-zoning and amendment of the
City’s Zoning Map to apply upon annexation of properties within the Froom Ranch Specific Plan
Area (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, EID-0738-2019;
Specific Plan Area 3; 12165 and 12393 Los Osos Valley Road).”
6. ADOPT THE REVISED CITY OF SAN LUIS OBISPO SECTION 125 PLAN
CARRIED 5-0, to adopt the 2020 City of San Luis Obispo Section 125 Plan Document and delegate
authority to the Human Resources Director to make subsequent administrative changes necessary to
maintain the Plan.
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7. FIRE STATION ALERTING SYSTEM SERVICE AGREEMENT
CARRIED 5-0, to:
1. Approve a five-year Fire Station Alerting System Sole Source Service Agreement with U.S.
Digital Designs, Inc. for $149,715; and
2. Authorize the Fire Chief to execute the service agreement.
8. UPDATE TO THE SAN LUIS OBISPO CLIMATE COALITION MEMORANDUM OF
UNDERSTANDING
CARRIED 5-0, to approve the updated Memorandum of Understanding between the City of San Luis
Obispo and the San Luis Obispo Climate Coalition to continue a partnership to help achieve the
Climate Action objectives of the 2020 Climate Action Plan for Community Recovery and related
Major City Goal work program tasks.
9. APPROVE A MEMORANDUM OF UNDERSTANDING WITH SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT TO ACCEPT REIMBURSEMENT FOR CHILDCARE
DURING DISTANCE LEARNING
CARRIED 5-0, to approve the proposed Memorandum of Understanding (MOU) with San Luis
Obispo Coastal Unified School District (SLCUSD) and authorize the City Manager to execute the
MOU implementing action taken at the City Council meeting on August 18, 2020 to accept SLCUSD
funding of up to $100 per student per week for the fall 2020 program (16 -week on-site childcare).
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1690 (2020 SERIES)
REZONING AND AMENDING THE SPECIFIC PLAN DESIGNATION FOR THE
PROPERTY AT 660 TANK FARM ROAD AND AMENDING THE AIRPORT AREA
SPECIFIC PLAN DESIGNATION FOR 3985 BROAD STREET
CARRIED 4-0-1 (With Council Member Pease recused), to adopt Ordinance No. 1690 (2020 Series)
rezoning and amending the Specific Plan Designation for the property at 660 Tank Farm Road and
amending the Airport Area Specific Plan Designation for 3985 Broad Street.
11. APPROVAL OF THE FINAL MAP FOR TRACT 3150, SAN LUIS RANCH, 1035 MADONNA
ROAD (FMAP-0309-2020)
CARRIED 5-0, to adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the Final Map for Tract 3150 San Luis Ranch (1035 Madonna Road,
FMAP-0309-2020).”
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12. CONSIDERATION OF AN AFFORDABLE HOUSING FUND REQUEST FROM HASLO
FOR ACQUISITION OF AN AT-RISK AFFORDABLE UNIT LOCATED AT 1664
FOREMAN COURT AND ADMINISTRATIVE AMENDMENT OF THE 2019 ACTION
PLAN OF HASLO’S 2019 COMMUNITY DEVELOPMENT BLOCK GRANT AWARD FOR
SPECIAL NEEDS ACQUISITION/AT-RISK OF HOMELESSNESS CLIENTS PROJECT
CARRIED 5-0, to:
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo,
California, approving the reallocation of Affordable Housing Funds upon the market-value resale
of the affordable housing unit located at 1664 Foreman Court to the Housing Authority of the
City of San Luis Obispo to assist with the acquisition of the existing property;” and
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo,
California, approving a recommendation to the Department of Housing and Urban Development
to approve an Administrative Amendment to the 2019 Action Plan to expand the Housing
Authority of San Luis Obispo’s 2019 Community Development Block Grant Award for a Special
Needs Housing Acquisition Project to include acquisition of property to house at-risk of
homelessness clients.”
13. AUTHORIZATION TO AMEND THE 2020 CITY COUNCIL MEETING CALENDAR
CARRIED 5-0, to amend the 2020 City Council Meeting Calendar to cancel the rescheduled Regular
City Council Meeting of Tuesday, November 10, 2020 and add a rescheduled Regular Meeting on
Tuesday, December 8, 2020.
14. TAX EXCHANGE AGREEMENT WITH COUNTY OF SAN LUIS OBISPO FOR THE
FIERO LAND AND EAST AIRPORT AREA ANNEXATIONS
CARRIED 5-0, to adopt a Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, accepting a negotiated exchange of tax revenue and annual tax increment
between the County of San Luis Obispo and the City of San Luis Obispo for Annexation No. 81
(Fiero Lane and East Airport Areas), as represented in the staff report and attachments dated October
6, 2020.”
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Action Update – City of San Luis Obispo City Council Meeting of October 6, 2020 Page 4
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
15. 2020-21 CAPITAL IMPROVEMENT PLAN - KEY PROJECT UPDATE
ACTION: By consensus, the Council directed staff to receive and file the status report on key
projects within the City’s currently adopted Capital Improvement Plan.
16. 2019-20 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT
(TBID)
CARRIED 5-0 to:
1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2019-20
annual report; and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, declaring its intention to continue the San Luis Obispo Tourism Business
Improvement District, to continue the basis for and to levy the assessment for the district, and to
set a date for the public hearing on the district and the assessment for 2020 -21” at the same rate
as in the fiscal year 2019-20.
ADJOURNMENT
The meeting was adjourned at 9:49 p.m.
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R 11171
RESOLUTION NO. 11171 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING ITS INTENTION TO CONTINUE
THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE
ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR THE
PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR
2020-21
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts for
several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism
Business Improvement District had requested the City of San Luis Obispo establish such a self-
assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was established
in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the assessment went into effect on October 1, 2008; and
WHEREAS, the City Council appointed an advisory board to provide oversight, guidance,
and recommendations regarding the use of the assessment funds; and
WHEREAS, the City Municipal Code and the Parking and Business Improvement Law
require the advisory board to prepare and submit an annual report stating proposed changes,
improvements and activities for the fiscal year; and
WHEREAS, an annual report was prepared pursuant to Section 36533 of the Streets and
Highway Code; and
WHEREAS, notices regarding the approval of the annual report were sent on September
24, 2020 to all assessed properties.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
a) That the Tourism Business Improvement District Annual Report for fiscal year 2019-
20 as filed by the advisory body is hereby approved.
b) The San Luis Obispo City Council proposes to continue the established Tourism
Business Improvement District in the City of San Luis Obispo in accordance with City
Municipal Code Chapter 12.42 and the California Streets and Highways Code, sections
36500 et seq. (Parking and Business Improvement Law of 1989).
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Resolution No. 11171 (2020 Series) Page 2
R 11171
c) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer a marketing program
that increases overnight hotel stays pursuant to the set goals.
d) The assessment will be levied and allocated by the City of San Luis Obispo.
e) The assessment is proposed to be levied on all “hotels”, as that term is defined in San
Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of
any structure, which is occupied or intended or designed for occupancy by transients
for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed
location, or other similar structure or portion thereof.
f) The assessment shall be based on two percent (2%) of gross room rent.
g) New hotels shall not be exempt from immediate assessment.
h) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the
Parking and Business Improvement Law of 1989, section 36535 of the Streets and
Highways Code, is to allow for comments on the Tourism Business Improvement
District and proposed assessment, and is hereby set for 6:00 P.M., Tuesday, October
20, 2020, before the City Council of San Luis Obispo via teleconference.
i) At the public hearing, the testimony of all interested persons for or against the
continuation of the Tourism Business Improvement District, the boundaries of the
Tourism Business Improvement District, or the furnishing of specified types of
improvements or activities will be heard.
j) Any protest against the continuation of the Tourism Business Improvement District and
the levying of the assessment, or any aspect thereof, may be made in writing. Any
written protest shall contain a description of the business in which the person signing
the protest is not shown on the official records of the City of San Luis Obispo as the
owner of the business, then the protest shall contain or be accompanied by written
evidence that the person is the owner of the authorized representative of the business.
Any protest as to the regularity or evidence of the proceedings shall be in writing and
clearly state the irregularity or defect to the City of San Luis Obispo at 990 Palm Street,
San Luis Obispo, CA 93401. A protest may be withdrawn at any time before the
conclusion of the public hearing.
k) If, at the conclusion of the public hearing, there are of record, written protests by the
owners of businesses within the proposed Tourism Business Improvement District that
will pay fifty percent (50%) or more of the total assessments of the entire Tourism
Business Improvement District, no further proceedings to continue the Tourism
Business Improvement District shall occur. New proceedings to form the Tourism
Business Improvement District shall not be undertaken again for a period of at least one
(1) year from the date of the finding. If the majority of written protests are only as to
an improvement or activity proposed, then that type of improvement or activity shall
not be included in the Tourism Improvement District.
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Resolution No. 11171 (2020 Series) Page 3
R 11171
BE IT FURTHER THEREFORE RESOLVED, the City Clerk is instructed to provide
notice as required by the City Municipal Code Chapter 12.42 and the Parking and Business
Improvement Law of 1989, section 36534, subpart (a)(7) of the Streets and Highways Code, to
wit: the City Clerk shall give notice of the public hearing by causing the resolution of intention to
be published once in a newspaper of general circulation in the City no less than seven days before
the public hearing.
Upon motion of Council Member Christianson, seconded by Council Member Pease, and
on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez, and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6th day of October 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _____________________.
______________________________
Teresa Purrington
City Clerk
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Department Name: Finance
Cost Center: 2002
For Agenda of: October 20, 2020
Placement: Business Item
Estimated Time: 60 minutes
FROM: Brigitte Elke, Finance Director
Prepared By: Natalie Harnett, Principal Budget Analyst
SUBJECT: 4TH QUARTER BUDGET REVIEW
RECOMMENDATION
1. Review FY 2019-20 unaudited year end actuals (Attachment A) and FY 2020-21 fiscal
outlook; and
2. Approve a Resolution (Attachment B) adopting changes to the FY 2020-21 Water and Sewer
budgets; and
3. Approve the goal setting process and timetable for development of the 2021-23 Financial
Plan (Attachment C); and
4. Approve a Resolution (Attachment D) authorizing staff to pursue the Proposition 68 Per
Capita Grant Program, with the California Department of Parks and Recreation Office of
Grants and Local Services; and
5. Authorize the Assistant City Manager to execute the necessary grant documents and
appropriate the grant amount into the Parks and Recreation Department’s budget upon grant
award.
DISCUSSION
The City’s budget policies1 require that City Council review the City’s budget and financial
condition through periodic reports. Provided the uncertainty around COVID19 during the 2020-
21 Supplemental budget preparation, the October budget review is designed to achieve two
objectives:
1. Update the assessment and status of the City’s current revenue assumptions and financial
outlook based on the actual unaudited revenues and expenditures for FY 2019-20
(Attachment A).
2. Inform the beginning stages of the 2021-23 Financial Plan preparation.
1 Pg.20, 2019-20 Financial Plan: Interim Reporting The City will prepare and issue timely interim reports on the
City’s fiscal status to the Council and staff. This includes online access to the City’s financial management system
by City staff; monthly reports to program managers; more formal quarterly reports to the Council and Department
Heads; mid-year budget reviews; and interim annual reports.
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2019-21 Financial Plan and the Fiscal Health Response Plan
The 2019-21 Financial Plan was guided by the second and third (final) year of Fiscal Health
Response Plan (FHRP). The purpose of the FHRP is to establish a fiscal framework to respond to
the long-term impacts of the significant increases in required pension contributions to the
CalPERS retirement system over three fiscal years (2018-21). It consists of three components: 1)
new revenues, 2) operating reductions/finding new ways of doing business, and 3) employee
concessions. In addition to the FHRP objectives, the 2019-21 Financial Plan had an ambitious,
visionary, and versatile work program set out with many areas of enhanced service to the
community.
In fiscal year 2018-19 the City was able to accomplish the FHRP goals with an undesignated
fund balance to make additional CalPERS payments as the FHRP had envisioned. There were
clear setbacks in 2019-20 due to COVID-19 but fortunately there were realized savings from
additional employee contributions to CalPERS and hiring new staff under the PEPRA retirement
plan that limited the impact of the revenue shortfall.
The uncertainty at the onset of the pandemic lead the Council to set aside the undesignated fund
balance (i.e. $6.0 million) and postpone the anticipated one-time payment to CalPERS until the
impacts from the “shelter at home” order could be better assessed. The Council through its action
also authorized the City Manager to use the undesignated fund balance for Covid-19 related
expenditures including economic recovery. This action remains in effect. The table below shows
the status of the planned payments to CalPERS.
Table 1:
2019-20 Year End Review/ COVID-19
Despite operating under Emergency Orders associated with the COVID-19 Global Pandemic for
the last quarter of the fiscal year, the City achieved many goals in 2019-20 and was able to
adequately reduce expenditures to match revenue shortfalls across all funds. The activation of the
Fiscal Health Contingency Plan slowed expenditures and achieved significant savings in the
largest budget category – salaries. These savings are largely a direct result from the FHRP’s
concessions and the PEPRA pension reform as well as prudent hiring practices applied during
the height of the “shut down” that continue into 2020-21.The 2019-20 year-end report
(attachment A) goes into detail on each department work program and budget results. While still
unaudited, year-end numbers show that the General Fund achieved a balanced budget.
In May 2020, staff reviewed forecasts for fiscal year 2019-20 and predicted expenditures would
exceed revenues by almost $1.4 million. Actual results were more favorable than forecasted with
revenues exceeding expenditures by nearly $1.8 million.
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This was largely due to Sales Tax revenue being less impacted than previously assumed and
Property Tax ending the year stronger than anticipated. Of the $1.8 million, $1.5 million will be
carried over to the next fiscal year to fund specific multi -year initiatives or commitments that
were not accomplished due to timing constraints in accordance with the City’s budget policies.
The table below shows the City’s unaudited ending position for the General Fund:
Table 2:
Table 2: Year End Variance Adopted Budget COVID Forecasts
(May 2020)FY 19-20 Actuals
Total Operating Expenditures (67,612,000)$ (64,878,000)$ (65,489,962)$
Total Other Expenditures (CIP, Debt, Transfers) (12,365,615)$ (12,365,615)$ (12,558,115)$
Cost Allocation Plan 4,281,000$ 4,281,000$ 4,281,000$
Total Expenditures (75,696,615)$ (72,962,615)$ (73,767,077)$
Total Revenue 77,337,000$ 71,588,000$ 75,527,004$
Revenue Over/ (Under) Expenditure 1,640,385$ (1,374,615)$ 1,759,927$
Carryover to FY 20-21 (1,518,208)$
Year End Variance w/ Carryover 241,719$
While the City ended the year with a balanced budget and maintains a healthy fund balance, the
adopted financial plan had a goal of paying a combined total of $7.2 million towards CalPERS
unfunded liability in FY 19-20 and FY 20-21. Those payments were postponed due to economic
uncertainties that continue into the foreseeable future and likely through the end of this current
fiscal year. The intention is that should the remaining amount of the COVID-19 funding set
aside in March 2020 not be used, it will be applied at a future point to pay down the City’s
unfunded pension liabilities as originally envisioned.
2020-21 Fiscal Outlook
In proposing the October Review in the Supplemental Budget adoption on June 6, 2020, staff
expected that there would be more refined national, regional and local projections which would
yield more accuracy about the economic outlook. Based on 2019-20 results, the fiscal outlook
seems to have improved from original projections, but there is still not enough data to know what
will happen in the next nine months. The first five months of the pandemic were largely aided by
government stimulus, which is not likely to continue. Staff expects many of the COVID-19
related impacts to lag behind the initial shock of the pandemic. With Cal Poly teaching mostly
online classes and major events being cancelled, the impact on two of the three major income
streams (i.e. sales and transient occupancy tax) remains uncertain. As these tax payments lag,
only two months had been fully collected at the time that this report was released. Staff continues
to track remittances closely through the City’s Revenue division.
However, at this time, staff feels confident in its General Fund forecast and appropriated budget
in the adopted 2020-21 Supplemental Budget and there are no indications with the limited data
sets and preliminary forecasts that any immediate budget revisions are warranted. Staff will
continue to monitor revenues and expenditures and evaluate the economic environment and
recommend any needed changes at the mid-year budget review. The Fiscal Health Contingency
Plan remains in full effect with hiring, purchasing, and travel chills.
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Parking Fund
Parking Fund finished FY 2019-20 in a stronger position than anticipated at the onset of the
COVID-19 pandemic, but still in a negative position. The fund ended the year with expenditures
exceeding revenues by about $1.6 million. This variance will be covered by the fund’s
unreserved working capital which does have the impact of reducing the available capital to apply
to the Palm/Nipomo Parking Garage. The variance is largely a result of reduced demand
combined with the waiver of parking fees.
The pandemic significantly affected program operations and many fee services were suspended
or reduced. The parking division continues to adjust operations to facilitate social distancing
measures by pursuing new technologies that limit person-to-person interactions.
Parking Services was a key member of the City’s Open SLO project and supported the
community by establishing curbside pickup and drop-off spaces throughout the downtown area
enhancing community convenience making food and retail businesses more accessible.
Transit Fund
The Transit Enterprise Fund ended the year with significant variances in both the anticip ated
expenditures and forecasted revenues as a direct result of the COVID-19 pandemic. Fortunately,
the availability of CARES Act funds will supplement the Transit Fund, paying for 100% of the
operating costs of the program's services, including PPE procur ements, and losses in revenue
between February 1, 2020 and June 30, 2020. Additionally, the reduction in service demand
during the pandemic has resulted in cost savings that help to offset losses in revenues.
Water and Sewer Budget Changes
Revenue Changes: During the FY 2020-21 budget planning process, the impact of COVID-19 on
the Utilities Department was unknown. Staff forecasted significant revenue declines and took
steps to respond to the reductions in water and sewer service charges, such as freezing positions
and utilizing unreserved working capital. In preparation for the October review, the Utilities
Department analyzed FY 2019-20 results, reviewed upcoming operational and capital needs to
re-assess the financial position of both enterprise funds. Based on results, staff recommends
increasing the water revenue forecast to be closer to what was forecasted in the financial plan
and decreasing the sewer revenue to account for the extended Cal Poly closure.
Frozen Positions: To address the unknown economic impacts of COVID19 to the Water and
Sewer funds, the utilities department froze two positions that were vacant during budget
preparation. With the long-term economic impacts looking less severe than originally projected,
the department recommends unfreezing these positions. As detailed in Attachment B—"Exhibit
A”, both positions play an important role in core services. The water distribution team has been
able to take on the increased workload on a short-term basis, but it has proven unsustainable.
With several major housing developments under construction and new required laboratory
activities, workload has increased, and the utilities team needs these positions filled as soon as
possible.
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Rate Increases: the FY 2020-21 supplemental budget was adopted in June 2020, Council
approved a strategy of deferring the scheduled 2020-21 water and sewer rate increases until the
impacts of COVID-19 could be further analyzed. Staff was directed to return to Council with a
rate increase recommendation at the October budget Council meeting. The deferment was meant
to accommodate community members who have been negatively impacted by the COVID-19
related economic downturn. Staff will continue to analyze the need for a rate increase and will
return to Council with a final recommendation in December.
2020-23 Financial Plan Schedule
The attached schedule (Attachment C) sets forth the proposed Council goal setting process and
detailed schedule for the development of the City’s 2021-23 Financial Plan. As in previous
budget processes, staff will provide important information to Council during two meetings in
November and January regarding fiscal outlook, established short- and long-range plans, and
economic trends. Staff has begun the process of seeking input from advisory bodies and the
public and is evaluating the format of the community forum for the goal setting process. The
extensive public input process has been a successful approach in the past and assures the
achievement of the fundamental purpose of the City’s budgetary process which is “Linking,
through public engagement and decision making processes, the interests of the community to
optimize the allocation of financial resources to achieve the desired results.” Staff is working on
ensuring this process while adhering to the health and safety guidelines for Covid-19. Below is a
list of proposed key Council meeting dates:
Table 3:
Table 3: Key Council Dates
October 20, 2020 Approval of 2021-23 Financial Plan Schedule
November 17, 2020 Setting the Stage Workshop
January 12, 2021 Budget Foundation
End of January 2021 Community Engagement (format to be determined due to COVID)
February 2, 2021 Mid-Year report, long-term fiscal forecast, and Guiding Principles
February 6, 2021 Council Goal-Setting Workshop
April 20, 2021 Major City Goal Work Programs & Strategic Budget Direction
June 1, 2021 Preliminary Budget Review
June 15, 2021 Financial Plan Review/ Adoption
Proposition 68 Per Capita Grant Program
The California Department of Parks and Recreation (DPR) is providing nearly $200 million for
more than 700 agencies under the Proposition 68 Per Capita Grant Program. This non -
competitive grant program provides funding to local government agencies to support the
rehabilitation, creation, and improvement of local parks and to address deficiencies in
neighborhoods lacking access to outdoor recreation facilities. In 2018, the State of California
invested in the largest grant funding for critically underserved communities with the passage of
Proposition 68: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor
Access for All Act. Recognizing the need for underserved communities to have equitable access
to outdoor recreation facilities, the bond also provides funds for new parks that will help attra ct
new and diverse visitors.
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Grant recipients are required to submit project proposals describing how the grant funds will be
spent. The City was allocated $177,952 through the per capita grant program. Per the City’s
fiscal policies, these funds need to be accepted by Council and appropriated into the capital
budget to fund Pickleball Court construction at Mitchell Park. In addition, the project proposal
guidelines require a signed Resolution from the governing body of the receiving agency.
This action is separate from the competitive grant opportunity that the City Council will be
considering for the Emerson Neighborhood Park project.
Previous Council or Advisory Body Action
On June 4, 2019, the City adopted a two-year Financial Plan and the budget appropriations for
2019-20. Council adopted the supplemental budget for the 2020-21 fiscal year on June 2, 2020
(Resolution no. 11126).
Policy Context
City Charter Section 804 allows the City Council to amend or supplement the budget by motion
of adopted majority vote of the Council. In this case, the Water and Sewer Funds are requesting
amendments.
In July 2018, the City Council approved two years of water and sewer rate increases. The
adoption of these increases followed the legally required notification and public hearing set forth
by Proposition 218. Proposition 218 allows water and sewer utilities to implement rate increases
up-to the percent increase announced in the legal notification.
Public Engagement
The item will be presented at the City Council’s public meeting on October 20, 2020. The public
has the opportunity to comment in writing prior to the meeting or submit public comment prior
or during the meeting.
CONCURRENCE
The Financial Plan Steering Committee concurs with the recommendations included in this
report.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A N/A N/A
State
Federal
Fees
Other:
Total N/A N/A N/A
As part of the City’s Fiscal Sustainability and Responsibility Major City Goal, $10,000 was
allocated for the ongoing staffing expenses involved with implementing quarterly financial
reports. The attached report (Attachment A) provides an overview of the City’s unaudited
financial position at June 30, 2020. No general fund, transit, or parking budget changes are
proposed at this time.
Water and Sewer Fund Fiscal Impacts:
Revenue Budgets Current Budget Budget Increase Budget Decrease New Budget
Water Sales $20,174,300 $302,000 $20,476,300
Sewer Sales $15,872,596 $(400,700) $15,471,896
Total $36,046,896 $302,000 $(400,700) $35,948,196
Operating Expenditure
Budgets
Current
Budget
Proposed Budget
Changes
New Budget
Water $26,757,319 $59,700 $26,817,019
Sewer $11,374,588 $60,000 $11,434,588
Total $38,131,907 $119,700 $38,251,607
The water fund changes outlined in Attachment B – “Exhibit A” equate to a $302,000 increase to
the revenue budget and a $59,700 increase to the staffing budget appropriation. The sewer fund
changes outlined in Attachment B – “Exhibit A” equate to a $400,700 decrease to the revenue
budget and a $60,000 increase to the staffing budget appropriation
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ALTERNATIVES
1. The Council could direct staff not to adopt the Water and Sewer budget changes. Should
the adjustments not be approved, the budget will remain unchanged from the adopted 2020-
21 Supplemental Budget. This is not recommended because these positions play an important
role in the operations of the Utilities Department and they can be adequately funded based on
the updated revenue forecast.
2. The Council could not approve a Resolution authorizing staff to pursue the Proposition 68
Per Capita Grant Program, with the California Department of Parks and Recreation
Office of Grants and Local Services. This is not recommended because this is a non-
competitive grant that would provide much needed funding to the Parks and Recreation
Department for Pickleball Courts at Mitchell Park.
Attachments:
a - COUNCIL READING FILE - FY 2019-20 Year End Report
b - Draft Resolution - Water/Sewer Fund Budget Appropriation Changes
c - Budget Calendar for 21-23 Financial Plan
d - Draft Resolution - Application for Per Capita Grant Funds
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RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING WATER AND SEWER RATE
INCREASES AND APPROVING REVISIONS TO THE ADOPTED 2020-21
WATER AND SEWER FUND BUDGET APPROPRIATIONS
WHEREAS, the City Council adopted the 2019-21 Financial Plan on June 4, 2019 and
appropriated the budget for 2019-20; and
WHEREAS, City staff prepared the 2020-21 budget with appropriate revisions and
adjustments from the adopted budget to address changes in revenue assumptions, work program
needs, and community priorities; and
WHEREAS, Utilities staff froze funding for two full-time equivalent positions in the
2020-21 budget; and
WHEREAS, City staff prepared the 2020-21 budget review to evaluate whether the 2020-
21 revenue budget assumptions are still accurate and to make appropriate corrections; and
WHEREAS, the 2020-21 October Budget revisions are now ready for consideration and
appropriation as set forth in the attached “Exhibit A”: and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council approves funding the two frozen full-time equivalent
positions.
SECTION 2. The City Council approves increasing the Water Fund Recycled Water
revenue budget by $302,000.
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Resolution No. ______ (2020 Series) Page 2
R _____
SECTION 3. The City Council approves decreasing the Sewer Fund Cal Poly Sales
revenue budget by $400,700.
Upon motion of Council Member ____________, seconded by City Council Member
____________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _____________________.
____________________________________
Teresa Purrington
City Clerk
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EXHIBIT A
R _____
October Budget Revisions to Adopted 2020-21 Supplemental Budget
Water and Sewer Funds
Recommendations
1. Decrease the Sewer fund Cal Poly revenue budget by $400,700.
2. Increase the Water Fund recycled water revenue budget by $302,000.
3. Unfreeze the Water Quality Laboratory Analyst position.
4. Unfreeze the Water Distribution Operator position.
Summary
During the 2020-21 budget planning process, the City did not know how COVID19 would affect the utilities
department. Staff forecasted significant revenue declines and took steps to respond to the reductions,
such as freezing positions and utilizing unreserved working capital. In preparation for the October review ,
the Utilities Department analyzed 2019-20 results, reviewed upcoming operational and capital needs, and
current and future debt obligations to re-assess the financial position of each of the Water and Sewer
funds. Because of the results, staff is forecasting higher revenues and is recommending unfreezing two
essential positions.
Additionally, when the 2020-21 budget was adopted in June, Council approved a strategy of deferring the
scheduled 2020-21 water and sewer rate increases until the impacts of Covid-19 could be further
analyzed. Staff was directed to return to Council with a rate increase recommendation at the October
budget Council meeting. The deferment was meant to accommodate community members who have
been negatively impacted by the Covid-19 related economic downturn. Staff will continue to analyze the
funds and return to Council with a final recommendation in December.
2019-20 Revenue
At the onset of the Covid-19 pandemic, the Utilities Department did not know how business and school
closures and the stay-at-home orders would impact water and sewer sales. Six months into the Covid-19
pandemic, the economic impacts to the water and sewer funds are now better understood, though there
are some remaining unknowns. From March
through September there was decreased water
consumption at businesses and schools, resulting in
a correlated decrease in revenue. However, there
has been a corresponding increase in residential
and landscape water consumption and revenue.
Due to both an increase in one area and a decrease in another, the effect of thi s change in typical usage
patterns still resulted in 2019-20 water and sewer sales revenue ending the year very near to the original
2019-20 budget amounts. 2019-20 water sales revenue was 102% of budget and 2019-20 sewer sales
revenue was 99% of budget.
Residential and Landscape
Consumption
Business and Schools
Consumption
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EXHIBIT A
R _____
2019-20 Budget v. Actual Budget Actual Difference % Difference
Water $21,137,107 $21,468,339 $331,232 102%
Sewer $16,612,500 $16,448,856 $(163,644) 99%
2020-21 Revenue
During the 2020-21 Financial Plan Supplement process in June, the Utilities Department maintained a
cautionary strategy related to the impacts of Covid-19 to water and sewer use. At that time, it was
assumed that water consumption would decrease by 6% in 2020-21. For the most part, this decrease has
not materialized. Year-to-date (YTD) water revenue is 125% of what we expected to see by September
and YTD sewer revenue is 103% of expected. However, we are only three months into the year and there
are still many unknowns. Many customers have a higher than normal past due ba lance because Utilities
has not been shutting off water for non-payment or sending accounts to collections. There is a risk that
some of these past due balances will never be collected. In addition, it is still not clear how many
businesses will permanently close because of the economic downturn. Staff continue to monitor water
consumption and sales revenue and, if necessary, adjustments may be necessary at Mid-Year.
2020-21 YTD
Budget v. Actual
Budgeted Revenue
Expected as of
September 2020
Actual as of
September 2020
Difference % Difference
Water $5,018,575 $6,254,342 $1,235,767 125%
Sewer $3,968,149 $4,105,503 $137,354 103%
Budget Changes
Cal Poly Sewer Revenue: Due to Cal Poly’s transition to virtual learning from COVID19, there has been a
clear decrease in revenue is Cal Poly sewer. When the Cal Poly campus closed in March, Cal Poly sewer
flows declined dramatically. This trend has continued with a below average flow when the Fall quarter
started. During the Fall quarter only 13% of classes are in-person and on-campus housing is only at 70%
occupancy. Cal Poly has indicated that the Winter semester will also be mostly virtual. Cal Poly sewer flows
are not expected to return to normal until the campus and campus housing full y reopen. Staff is
recommending reducing the 2020-21 Cal Poly sewer revenue budget from $900,700 to $500,000 to reflect
this decrease in campus wastewater flow.
Cal Poly 2020-21 Sewer Revenue Budget
Current $900,700
Recommended $500,000
Difference $(400,700)
Recycled Water: In July 2018, the rate for recycled water increased from $6.54 to $9.01 per unit of water
used but the budget was not increased. As a result, since 2018, the actual amount of recycled water
revenue collected has far exceeded budget. The Utilities Department is recommending that the 2020-21
recycled water budget be increased from $595,000 to $897,000 to address this.
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EXHIBIT A
R _____
2020-21 Recycled Water Revenue Budget
Current $595,000
Recommended $897,000
Difference $302,000
Frozen Positions
Two Utilities Department positions, a Water Distribution Operator, and a Water Quality Lab Analyst, were
frozen as a part of the 2020-21 financial plan supplement. The positions were held vacant to create
operating expenditure savings if the Covid-19 economic downturn had a significant impact to the water
and sewer funds.
Water Distribution Operator: Water fund revenue has not been impacted, as initially anticipated, by the
economic downturn, so it is recommended that the Water Distribution Operator position be “unfrozen”.
The Water Distribution section is responsible for maintaining 200 miles of underground water mains,
15,600 water meters and service lines, and various water storage tanks and pump stations. This section is
currently understaffed by two positions due to one water distribution full-time equivalent (FTE) being
utilized at the City’s Water Treatment Plant during the Sustainable Solutions Turnkey (SST) Project
construction and another being frozen until the October budget review. The position was frozen to
mitigate the, at the time unknown, impacts of the Covid-19 economic downturn to the water fund.
Concurrently, the Orcutt area developments, San Luis Ranch, and Avila Ranch are all being constructed,
causing a substantial increased workload for the water distribution team. The section is currently reducing
maintenance to infrastructure on a short-term basis to accommodate the staffing vacancy and WTP
project assistance, but this can only be continued on a short -term basis without significant impacts to
operations and possibly service levels. Hiring this position will allow for the section to resume its planned
operations and invest in adequate levels of training for its other three newly hired operators.
Water Quality Laboratory Analyst: Sewer fund revenue has not been impacted as initially anticipated by
the economic downturn, so it is recommended that the Water Quality Laboratory Analyst position be
“unfrozen”. The need for an additional analyst position for the Water Quality Laboratory was identified in
a 2019 staffing analysis and will allow complete 7-day coverage of necessary and required laboratory
activities. These activities include the current regulatory and process sampling for water, wastewater, and
the recent additions of sample collection for the Water Treatment Plant, training, accreditation to newly
adopted State laboratory standards and the ongoing support for the stormwater program’s creek
sampling and monitoring plan. Other activities include increased laboratory support for development
activities throughout the City, additional sampling and analysis required for the newly upgraded WRRF
along with the anticipated reissuance of the WRRF’s State-issued discharge permit and City stormwater
permit. Hiring this position will allow for the section to resume its planned operations.
Overall Fiscal Impact
The net impact of these changes to the water fund is a $302,000 increase to the revenue budget and a
$59,700 increase to the staffing budget.
The net impact of these changes to the sewer fund is a $400,700 decrease to the revenue budget and a
$60,000 increase to the staffing budget.
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EXHIBIT A
R _____
Revenue Budgets Current Budget Budget Increase Budget Decrease New Budget
Water Sales $20,174,300 $302,000 $20,476,300
Sewer Sales $15,872,596 $(400,700) $15,471,896
Total $36,046,896 $302,000 $(400,700) $35,948,196
Operating Expenditure
Budgets
Current
Budget
Budget
Increase
Budget
Decrease
New Budget
Water $26,757,319 $59,700 $26,817,019
Sewer $11,374,588 $60,000 $11,434,588
Total $38,131,907 $119,700 $38,251,607
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2021-23 Financial Plan Schedule
The Financial Plan schedule outlines the process and dates that provide the foundation for the
preparation of the City’s two-year Financial Plan and budget. It includes a variety of
opportunities to provide input to the City Council to enable Council members to establish
Major City Goals with the community’s interest and priorities in mind. These opportunities are
highlighted on the following chart and also listed by date at the bottom of this document.
1. “Setting the Stage” A regular meeting on Tuesday, November 17, 2020 will be devoted to a
comprehensive review of the City’s current status. This is an especially appropriate start as the
Council goal-setting process should take into consideration the City’s adopted long-term plans,
current two-year goals, and an updated fiscal outlook. Accordingly, staff plans to present
reports on the following:
a. FY20-21 1st Quarter Review Staff will present a brief overview of the City’s current financial
position as compared with the adopted 20-21 Supplemental Budget. It is important to critically
evaluate how the City’s major tax revenues are tracking during the COVID19 pandemic. This
review will also include Enterprise Fund update.
b. Major City Goal/META Goal Status Update As part of the 20-21 Supplemental Budget
adoption, Council approved the creation of a new “Meta City Goal”. The purpose of this
was to consolidate the ambitious Major City Goal work programs and prioritize tasks that
would also help with the economic recovery from the pandemic. Most major city goal tasks
were scheduled to continue in some capacity. This meeting will provide an opportunity for
staff to give an update on the meta-goal actions.
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c. Strategic Scan/Setting the Stage Staff will provide a brief overview of important statistical
information pertaining to social, economic, and environmental factors. This will help set
the stage for an overview of the City’s core services and how the budget is allocated. This
will provide important context for decision making through the 21-23 financial planning
process.
d. Status of General Plan Programs As in past year, will present an overview of the status of
each General Plan program in each of the ten elements (over 400 programs in total).
Organized by element, staff will provide a short summary of each program, whether it has
been completed, and if not, a high-level assessment of how challenging it will be to
complete.
e. Pension Update
2. “Budget Foundation” Workshop. This regular meeting on Tuesday, January 12, 2021 will be
dedicated to generating policy guidance from Council that will serve as the foundation for the
City’s budget and goal-setting process. Staff plans to cover the following topics at this workshop:
a. Finalize plans for the Community Forum and Council Goal-Setting Workshop. Staff will
present a proposed approach for the forum and goal-setting workshop at this meeting. Due to
COVID19 there may be format limitations.
b. Review of Financial Plan policies contained in the 2019-21 Financial Plan and update or
recommend changes as appropriate. This may include proposed changes to the existing fund
balance targets for enterprise funds and the capital replacement funds.
c. Review the long-term economic forecast
d. Review the current and long-term capital improvement plan.
e. Hold initial discussion on the considered options for paying down the unfunded liabilities.
Based on Council feedback, staff would return in February with the plan reflecting these
options. Getting guiding principles direction from the Council in February will be helpful in
crafting the recommendations contained when Strategic Budget Direction is sought in April
2020.
3. Community Forum. The Community Forum is typically a public event where the community
can come solicit and discuss suggested goals and work programs from Council advisory bodies,
community groups and interested individuals. Advisory Body goals will be developed during the
fall of 2020 and submitted to staff in final form by mid December 2020. Due to COVID19
uncertainties and social distancing requirements, a traditional “forum” may not be viable, but
other options will be explored and presented at the Budget Foundation in January 2021.
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Other Community Outreach Efforts. Following Council approval of the budget calendar, staff
will mail notices to community groups, governmental agencies, media organizations and
interested individuals inviting them to participate in this process. In addition to these notices, staff
plans to place display ads in The Tribune, SLO Journal, SLO City News, and New Times and use
social media in order to encourage the broadest possible participation in this process. Information
about the goal-setting and budget process will also be placed on the City’s web site and City Hall.
Staff also intends to again insert a Community Budget Bulletin in all utility bills inviting the public
to participate in the goal-setting and budget process and soliciting comments on the “three to five
most important things for the City to do in the next two years.” In the past, this approach has
generated hundreds of replies which were distributed to the Council along with a summary of the
“top emerging themes.”
4. Mid-Year Report and Guiding Principles for Allocation of Resources. The Mid-Year Review
and review of the Five-Year Forecast scheduled for Tuesday, February 2, 2021, will allow the
Council an early opportunity to provide guiding principles and direction for paying down
unfunded liabilities and efficient allocation of resources with the 2021-23 Financial Plan
focusing on community priorities.
5. Council Goal-Setting Workshop. Following the receipt of written and oral comments during
the Community Forum, the Council goal-setting workshop will be held on Saturday, February
6, 2021 in the Council Chambers. This will be an all-day workshop to answer the question, “What
are the most important, highest priority things for the City to accomplish over the next two years?”
Council will be asked to provide up to five goals before the workshop which staff will organize
and distribute prior to the workshop. As in the past, staff recommends the use of a professional
facilitator to assist in prioritizing input into three categories, Major City Goals, Other Council
Objectives, and Address as Resources Permit. Using an independent facilitator allows all Council
members to participate fully in the process; and allows staff to devote their efforts to listening to
the discussion. Moreover, the facilitator can assist the Council ensuring that the number and scope
of the goals established are appropriate.
6. Major City Goal Work Programs and Strategic Budget Direction. On Tuesday, April 20,
2021, this workshop is a critical part of the budget process. It affords the City Council an
opportunity to review the draft work programs and associated financial resources proposed to
accomplish Major City Goals established by the City Council in January. At this stage of the
process the City Council provides direction on any changes needed to refine these work
programs and resource allocations to better achieve the desired outcomes. Additionally, the
City Council is asked to provide the City Manager with the key policy direction needed to
allocate resources in line with Council’s expectations or to further amend budget or fiscal
policies that align with Council direction. This process is extremely helpful so that the
Preliminary Financial Plan that is presented to the City Council and community in May mirrors
the Council’s expectations as much as possible.
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At this meeting, staff will prepare detailed work programs for the Major City Goals in order to:
a. Clearly define and scope the work program.
b. Ensure that there is a clear understanding of the means used in pursuing the goal.
c. Convert the general goal into specific action steps, so progress can be measured.
Each work program will provide the following information:
Objective. What is to be to accomplish? (This will be based on the objective adopted by the
Council at the February 6th goal-setting workshop.)
Discussion. What are the factors driving the need for this goal? What actions have already
been taken in trying to resolve this problem area? What are the key assumptions? What key
challenges, constraints or obstacles can be expected in achieving this goal? What concerns, or
issues will remain unresolved even if the goal is achieved? Who are the key stakeholders?
Action Plan. What specific tasks will need to be accomplished in order to achieve the goal,
and when will they be completed? These “action steps” are the fundamental building blocks
in defining and scoping the work program, and in monitoring the progress in accomplishing
the goal over the next two years.
Responsible Department. Who is accountable for getting it done?
Financial and Staff Resources Required to Achieve the Goal. What will it take to achieve
the goal? Will resources be needed (staffing, contract services, CIP project) to do this?
Outcome: Final Work Product. What are the “deliverables?”
7. Budget Hearings and Budget Adoption. Budget hearings (also known as “Fund Reviews”
including the City’s four enterprise funds) are currently scheduled for two consecutive meeting
days in June. This will allow for a special meeting to be added for the approval of the 2021-23
Financial Plan, should the need arise.
Council Advisory Body Participation
Consistent with past Council direction, the advisory bodies will again play an important role in the
goal-setting process by providing the Council with their recommended goals for 2021-23. Staff
has provided advisory body members with background materials outlining their important role in
this process. Additionally, staff liaisons are already beginning to work with Advisory Body Chairs
in scheduling time for this purpose at upcoming advisory body meetings.
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Budget Calendar Important Dates:
Item # Date Responsible Action
1 September 15, 2020 Finance Release of goal template and instructions to
advisory body liaisons.
2 October 20, 2020 Council Approved 2021-23 Financial Plan Schedule
3 October 23, 2020 Finance Community Survey Release
4 October 28, 2020 Council Quarterly Mayor / Advisory Body Chairs
Meeting
5 November 17, 2020 Council Setting the Stage workshop on the status of
programs, CIP, current Major City Goals
6 December 15, 2020 Finance
Receives written comments from community
groups and interested individuals, and goals from
advisory bodies
7 January 12, 2021 Council
Budget Foundation: Finalizes goal setting process
and plans for public outreach. Review and provides
guidance regarding Financial and Budget policies.
Council Agenda Report release in December.
8 January 19, 2021 Council Audit 2019-20 - Comprehensive Annual
Financial Report review and acceptance
9 End of January 2021 Community Outreach Forum – Format TBD
10 February 2, 2021 Council 2020-21 Mid-Year review
11 February 6, 2021 Council Saturday Goal Setting Workshop – all day
12 April 20, 2021 Council
Approves detailed work programs for 2021-23
Major City Goals Sets strategic budget direction
for preparation of the Preliminary Financial Plan
13 May 13, 2021 City Manager Finalized budget recommendations and issues
preliminary two-year financial plan
14 May 12, 2021 Planning
Commission
Reviews Capital Improvement Plan for consistency
with General Plan
15 June 1, 2021 Council
Evening workshops during regular Council
meeting to review and discuss Preliminary Budget
including General Fund and Enterprise Funds
programs, CIP projects, and rates
16 June 15, 2021 Council
Continued Financial Plan Review and adoption
of the Financial Plan and 2021-22 budget and
service rates
17 June 22, 2021 Council If required, special meeting to continue to review
and adopt Financial Plan.
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE APPLICATION FOR PER
CAPITA GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the Per Capita
Grant Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation
require the Applicant to certify by resolution the approval of the project application before
submission of said application to the State; and
WHEREAS, the grantee will enter into a contract with the State of California to complete
project;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby:
SECTION 1. Approves the filing of project application for per capita program grant
project; and
SECTION 2. Certifies that said grantee has or will have available, prior to
commencement of project work utilizing Per Capita funding, the sufficient funds to complete the
project; and
SECTION 3. Certifies that the grantee has or will have sufficient funds to operate and
maintain the project, and
SECTION 4. Certifies that all projects proposed will be consistent with the park and
recreation element of the City’s general or recreation plan (PRC §80063(a)), and
SECTION 5. Certifies that these funds will be used to supplement, not supplant, local
revenues in existence as of June 5, 2018 (PRC §80062(d)), and
SECTION 6. Certifies that it will comply with the provisions of Section1771.5 of the
California Labor Code, and
SECTION 7. (PRC §80001(b)(8)(A-G)) Considers, to the extent practicable, as identified
in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks,
National Forests, and Other Public Lands and Waters,” dated January 12, 2017, a range of actions
that include, but are not limited to, the following:
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Resolution No. _____ (2020 Series) Page 2
R ______
A. Conducting active outreach to diverse populations, particularly minority, low income,
and disabled populations and tribal communities, to increase awareness within those
communities and the public generally about specific programs and opportunities.
B. Mentoring new environmental, outdoor recreation, and conservation leaders to increase
diverse representation across these areas.
C. Creating new partnerships with state, local, tribal, private, and nonprofit organizations
to expand access for diverse populations.
D. Identifying and implementing improvements to existing programs to increase visitation
and access by diverse populations, particularly minority, low-income, and disabled
populations and tribal communities.
E. Expanding the use of multilingual and culturally appropriate materials in public
communications and educational strategies, including through social media strategies,
as appropriate, that target diverse populations.
F. Developing or expanding coordinated efforts to promote youth engagement and
empowerment, including fostering new partnerships with diversity-serving and youth-
serving organizations, urban areas, and programs.
G. Identifying possible staff liaisons to diverse populations.
SECTION 8. Agrees that to the extent practicable, the project will provide workforce
education and training, contractor, and job opportunities for disadvantaged communities (PRC
§80001(b)(5)).
SECTION 9. Certifies that the grantee shall not reduce the amount of funding otherwise
available to be spent on parks or other projects eligible for funds under this division in its
jurisdiction. A one-time allocation of other funding that has been expended for parks or other
projects, but which is not available on an ongoing basis, shall not be considered when calculating
a recipient’s annual expenditures. (PRC §80062(d)).
SECTION 10. Certifies that the grantee has reviewed, understands, and agrees to the
General Provisions contained in the contract shown in the Procedural Guide; and
SECTION 11. Delegates the authority to the Assistant City Manager, or designee to
conduct all negotiations, sign and submit all documents, including, but not limited to applications,
agreements, amendments, and payment requests, which may be necessary for the completion of
the grant scope(s); and
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Resolution No. _____ (2020 Series) Page 3
R ______
SECTION 12. Agrees to comply with all applicable federal, state and local laws,
ordinances, rules, regulations and guidelines.
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 _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
____________________________________
Teresa Purrington
City Clerk
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