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HomeMy WebLinkAbout01-12-2021 Agenda Packet - Amended Tuesday, January 12, 2021 - AMENDED San Luis Obispo Page 1 City Council / Disaster Council Agenda 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): ➢ Zoom Link: https://zoom.us/j/92487684256?pwd=WTJPSTRLR01MbXZKaG5Mc1BpanZ6QT09 ➢ Telephone Attendee: +1 (669) 669-900-6833, Webinar ID: 924 8768 4256, Passcode: 806279 Note: The City is switching to Zoom Webinar for City Council Meetings. All attendees will enter the meeting muted. • 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 the public comment section for the item, your name will be called, and your mic will be unmuted. If you have questions, contact the office of the City Clerk at cityclerk@slocity.org or (805) 781-7100. San Luis Obispo City Council Agenda January 12, 2021 Page 2 San Luis Obispo Page 2 5:00 PM CLOSED SESSION TELECONFERENCE CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon Closed Session Meeting link: Click here to join the meeting You can also dial in using your phone: United States: +1 209-645-4165 Conference ID: 650 314 290# PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee Organizations: San Luis Obispo City Employee’s Association (SLOCEA) San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees ADJOURNMENT Adjourn to the Regular Meeting of the City Council scheduled for Tuesday, January 12, 2021, at 6:00 p.m., via teleconference. San Luis Obispo City Council Agenda January 12, 2021 Page 3 6:00 PM AMENDED RESCHEDULED REGULAR MEETING TELECONFERENCE Broadcasted via Webinar *Agenda amended to add Item A as listed below in italics. CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon A. RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR AND PROVIDE COVID-19 RELATED DIRECTION BASED ON CURRENT STATUS (JOHNSON – 20 MINUTES) Recommendation: 1. Receive an update from the Emergency Services Director related to COVID-19; and 2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, affirming actions of the Emergency Services Director.” 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. 1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (PURRINGTON) Recommendation: Waive reading of all resolutions and ordinances as appropriate. San Luis Obispo City Council Agenda January 12, 2021 Page 4 2. MINUTES REVIEW - DECEMBER 1, 2020, DECEMBER 8, 2020, AND DECEMBER 10, 2020 COUNCIL MINUTES (PURRINGTON) Recommendation: Approve the minutes of the City Council meetings held on December 1, 2020, December 8, 2020, and December 10, 2020. 3. AUTHORIZE ADVERTISEMENT OF CALLE JOAQUIN SIPHON AND SEWER LIFT STATION REPLACEMENT PROJECT, SPECIFICATION NO. 91118 (FLOYD / HIX / METZ) Recommendation: 1. Approve the plans and specifications for the Calle Joaquin Siphon and Sewer Lift Station Replacement Project, Specification No. 91118; and 2. Authorize staff to advertise the Project for bids; and 3. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, Authorizing Use of Sewer Fund Unreserved Working Capital for Construction of the Calle Joaquin Siphon and Lift Station Replacement Project, Specification No. 91118 and General Fund Completed Projects and Capital Reserves to Fund Silt Removal;” and 4. Authorize the City Manager to award the construction contract for the Project if the lowest responsible bid is within available project funding. 4. AUTHORIZATION TO APPLY FOR 2021 NATIONAL FITNESS CAMPAIGN GRANT FUNDS (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 2021 National Fitness Campaign Grant Funds and allocating matching funds for an Outdoor Fitness Court®” authorizing staff to pursue a grant application, for a total amount not to exceed $25,000, with the National Fitness Challenge (NFC) for 2021 Healthy Cities Campaign funding; and 2. If awarded the grant, appropriate the grant amount and additional necessary funding from the Parkland-in-lieu (Quimby) Fund into the Parks and Recreation Department’s budget upon grant award; and 3. Authorize the City Manager to execute the necessary grant documents including a sole source contract with NFC for purchase and installation of a Fitness Court® Emerson Park if grant is awarded. San Luis Obispo City Council Agenda January 12, 2021 Page 5 5.AUTHORIZATION TO ADVERTISE RESERVOIR #1 COVER REPLACEMENT, SPECIFICATION NO. 1000034 (FLOYD / GLAUCH) Recommendation: 1.Approve Contract Documents for Reservoir 1 Cover Replacement, Specification No. 1000034; and 2.Authorize staff to advertise for bids; and 3.Authorize the City Manager to award a contract for the lowest responsible bid if within the Engineer’s Estimate of $703,500. 6.AWARD CONTRACTS FOR MOBILE DATA COMPUTER, IN-CAR VIDEO, BODY-WORN CAMERA AND COMMUNICATION GATEWAY FOR POLICE AND FIRE (HERMANN) Recommendation: 1.Authorize the City Manager to award the contract to purchase Mobile Data Computers and Mobile Communication Gateways to CDCE Inc; and 2.Authorize the City Manager to award the contract to WatchGuard for the purchase of in- car video and body-worn camera systems; and 3.Authorize waiver of formal bids to cooperatively purchase mobile data computers and communication gateway equipment as allowed under 3.24.060 E of the City of San Luis Obispo Municipal Code using the Panasonic NASPO ValuePoint Contract Master Agreement: MNWNC-124; and 4.Authorize waiver of formal bids to cooperatively purchase in-car video and body-worn camera equipment as allowed under 3.24.060 E of the City of San Luis Obispo Municipal Code using the University of California Statewide Contract Purchasing Agreement #2018-000203; and 5.Authorize Drive Customs to install the mobile data equipment in Public Safety vehicles. PUBLIC HEARING AND BUSINESS ITEMS 7.HIGUERA STREET SIDEWALK REPAIR PROJECT, SPECIFICATION NO. 91320 (HORN / NELSON – 45 MINUTES) Recommendation: 1.Receive a report on the cost to implement Higuera Street Sidewalk Repairs; and 2.Receive any objections or protests of cost by property owner of 858-860 Higuera St; and 3.Authorize staff to recover the costs for Higuera Street Sidewalk Repairs in the amount of $66,080 for project related costs; and 4.Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing staff to recover the costs for Higuera St . sidewalk repair in the amount of $66,080 for installation of Mission-Style sidewalk from the property owner of 858 & 860 Higuera St., and in the event of non-payment from the property owner, imposing an Administrative Lien on the 858 & 860 Higuera St. Property.” San Luis Obispo City Council Agenda January 12, 2021 Page 6 8. 2021-23 FINANCIAL PLAN PROCESS: ECONOMIC OUTLOOK, BUDGET POLICES, AND CAPITAL IMPROVEMENT PLAN REVIEW) (ELKE / HARNETT – 60 MINUTES) Recommendation: 1. Review and approve the 2021-23 Financial Plan Goal Setting Process: and 2. Review and approve the City’s budget and fiscal policies; and 3. Receive and discuss the economic outlook for the 2021-23 Financial Plan development: and 4. Review the current and long-term capital outlook plan review. 9. CONSIDERATION OF THE DIVERSITY, EQUITY, AND INCLUSION TASK FORCE RECOMMENDATIONS (JOHNSON / MAGEE – 60 MINUTES) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, recognizing and receiving the recommendations of the Diversity, Equity, and Inclusion Task Force.” 10. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2021 (PURRINGTON – 30 MINUTES) Recommendation: Approve Council Liaison Subcommittee assignments for the calendar year of 2021. LIAISON REPORTS AND COMMUNICATIONS (Not to exceed 15 minutes) Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURNMENT A Community Forum will be held with the City Council and Citizen’s Revenue Enhancement Oversight Committee on Thursday, January 14, 2021 at 6:00 p.m., via teleconference. The next Regular Meeting of the City Council will be held on Tuesday, January 19, 2021 at 6:00 p.m., via teleconference. San Luis Obispo City Council Agenda January 12, 2021 Page 7 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, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party interested in the above entitled matter. I am the principal clerk of the printer of the New Times, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case number CV72789: that notice of which the annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: PlG0, 31 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 ObisRo, Calif0fr ia,lthis day-t___of_J[�( 1 tt , 2020. Patricia Horton, New Times Legals Mlmin 4 P'nowUN'MGf.JmnJNTAG UIIix.L I151NECilYUFli[ No�icen.PmW nr We SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC MEETING The San Luis Obispo City Council invites all interested persons to participate in a public meeting an Tuesday, January 12, 2021, 060 p.m. While the Council encourages Public participation, growing concern about the COVIO-19 Pandemic has required that public meetings be held via teleconference. Meetings can be viewed on Government Amen Channel 20 orstreamed live from the City's YOUTube Channel at httpJ/youtulm,li,xity. Public comment, prior to the start of the meeting, may be submitted in writing via U.S. Mail delivered to the City Clerk's Office at 990 Palm Street, San Luis Obispo, CA 93401 or by email to emailcouncil@ slocityorg. Public Hearing Item: • A public hearing will be held for Council to receive a report on the cost to implement the Higuera Street Sidewalk Repair Project (Spec. 91320), located of 858 and 860 Higuera Street and consider options for cast recovery to the City by the property owner, as outlined in the City of San Luis Obispo Municipal Cade Section 12.16D20. Formore information, contact Brian Nelson, Supervising Civil Engineer, for the Cdps Public Works Department at (81751781-7113 or by email, bnelsan�rry The City Council may also discuss other hearings or business hems before or after the items listed above. If you challenge the proposed project in court, you maybe limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to, the public hearing. Reports for this meeting will be available for review online at www.slocievorg no later than 72 hours prior to the meeting. Please call the City Clerk's Office et (8051781-7100 for more information. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on the Citys YouTube channel httplWyoutube.slo.city. Teresa Purrington City Clerk City of San Luis Obispo Oecember31,2uo BLANK PAGE This page is intended to be blank so that you can print double-sided. San Luis Obispo Page 1 Tuesday, December 1, 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, December 1, 2020 at 6:00 p.m. by Mayor Harmon, with all Council 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. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None ---End of Public Comment--- PUBLIC HEARING ITEMS AND BUSINESS ITEMS 1. RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2020 AND THE SECOND READING AND ADOPTION OF ORDINANCE NO 1686 (2020 SERIES) AND 1688 (2020 SERIES) City Manager Derek Johnson and City Clerk Teresa Purrington provided an in -depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Item 2 Packet Page 1 San Luis Obispo City Council Minutes of December 1, 2020 Page 2 ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, reciting the fact of the General Municipal Election held on November 3, 2020, declaring the results and such other matters as provided by law;” and 2. Adopt Ordinance No. 1686 (2020 Series) entitled, “An Ordinance of the City Council and the People of the City of San Luis Obispo, California, amending existing Chapter 3.15 (Essential Services Transactions (Sales) and Use Tax) of the San Luis Obispo Municipal Code and reenacting in full Amended Chapter 3.15 (Community Services and Investment) imposing a Transactions (Sales) and Use Tax to be administered by the California Department of Tax and Fee Administration;” and 3. Adopt Ordinance No. 1688 (2020 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, Amending Sections 2.14.010, 2.14.020, And 2.14.040 of the San Luis Obispo Municipal Code Chapter 2.14 Revenue Enhancement Oversight Commission.” PRESENTATIONS 2. PRESENTATION BY BEYA MAKEKAU, M.A, DIRECTOR OF STUDENT DIVERSITY AND BELONGING Mayor Harmon introduced guest speaker Beya Makekau, who provided a presentation. 3. RECOGNITION OF OUTGOING VICE MAYOR AARON GOMEZ Mayor Harmon presented Vice Mayor Gomez with a Proclamation and Certificate of Recognition for this dedicated public service and commitment to the citizens of the City of San Luis Obispo. 4. OATH OF OFFICE FOR MAYOR-ELECT AND COUNCIL MEMBER-ELECT City Clerk Teresa Purrington administered the Oath of Office to Mayor Heidi Harmon, Council Member Andy Pease, and Council Member Jan Marx. APPOINTMENTS 5. VICE MAYOR APPOINTMENT FOR 2021 City Clerk Teresa Purrington provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Item 2 Packet Page 2 San Luis Obispo City Council Minutes of December 1, 2020 Page 3 ACTION: MOTION BY COUNCIL MEMBER MARX, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to appoint Council Member Erica A. Stewart as Vice Mayor for 2021. ADJOURNMENT The meeting was adjourned at 7:15 p.m. The next Regular City Council Meeting is scheduled for Tuesday, December 8, 2020 at 6:00 p.m., via teleconference. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: XX/XX/2021 Item 2 Packet Page 3 San Luis Obispo Page 1 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, December 8, 2020 at 6:03 p.m. by Mayor Harmon via webinar. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that the Council meet in Closed Session on two matters regarding real property negotiations: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code §54956.8 Property: APN 002-415-021 Agency Negotiators Derek Johnson, City Manager J. Christine Dietrick, City Attorney Markie Jorgensen, Assistant City Attorney Shelly Stanwyck, Assistant City Manager Greg Hermann, Deputy City Manager Robert Hill, Sustainability & Natural Resources Official Chris Read, Sustainability Manager Gaven Hussey, Parking Manager Negotiating Parties Rivian Automotive, LLC Jeremy Lee Under Negotiation Price and terms of payment ACTION: The Council unanimously authorized the negotiations with Rivian Automotive, LLC and provided direction on price and terms of payment. Item 2 Packet Page 4 San Luis Obispo City Council Minutes of December 8, 2020 Page 2 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code §54956.8 Property APN 002-401-002 Agency Negotiators Derek Johnson, City Manager J. Christine Dietrick, City Attorney Markie Jorgensen, Assistant City Attorney Shelly Stanwyck, Assistant City Manager Michael Codron, Community Development Director Greg Hermann, Deputy City Manager Robert Hill, Sustainability & Natural Resources Manager Negotiating Parties Ken Haggard, Representative for The Peace Project Anne Wyatt, Representative for Smart Share Housing Solutions, Inc. Under Negotiation Price and terms of payment ACTION: The Council unanimously authorized staff to proceed with real property negotiations and provided direction on price and terms of payment. PRESENTATIONS A. CITY MANAGER/EMERGENCY SERVICES DIRECTOR REPORT ON COVID-19 City Manager Derek Johnson provided a report. Council requested that staff schedule a Special Meeting of the City Council/Disaster Council on Thursday, December 10, 2020. APPOINTMENTS 1. ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES City Clerk Purrington presented the contents of the report. Public Comment: None ---End of Public Comments--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR STEWART, CARRIED 5-0 appoint Dusty Colyer-Worth to the Human Relations Commission and Trevor Freeman and Dinah Nassar to the Mass Transportation Committee. Item 2 Packet Page 5 San Luis Obispo City Council Minutes of December 8, 2020 Page 3 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Cameryn Olds ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 (COUNCIL MEMBER MARX ABSTAINING FROM ITEM 2 AND 3) to approve Consent Calendar Items 2 thru 15. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 4-0-1 (COUNCIL MEMBER MARX ABSTAINING), to waive reading of all resolutions and ordinances as appropriate. 3. MINUTES REVIEW - NOVEMBER 10, 2020, NOVEMBER 17, 2020, AND NOVEMBER 18, 2020 CITY COUNCIL MINUTES CARRIED 4-0-1 (COUNCIL MEMBER MARX ABSTAINING) to approve the minutes of the City Council meetings held on November 10, 2020, November 17, 2020, and November 18, 2020. 4. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2021 CARRIED 5-0, to adopt the proposed 2021 Regular City Council Meeting Schedule with meetings normally held the first and third T uesday of every month, with the following exceptions: 1. Reschedule the Regular City Council meeting of January 5 to January 12, 2021; and 2. Cancel the Regular City Council meetings of August 3 and December 21, 2021. 5. APPROVAL OF THE UPDATED COMPREHENSIVE DISASTER LEADERSHIP PLAN ADDITION OF UTILITY DISRUPTION AND PANDEMIC ANNEX CARRIED 5-0: 1. Acting as the City Council, to receive and approve the Comprehensive Disaster Leadership Plan (CDLP) Utility Disruption Annex and Pandemic Annex; and 2. Acting as the Disaster Council, to receive and approve the CDLP Utility Disruption Annex and Pandemic Annex. 6. RECEIVE AN UPDATE ON THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT (SGMA) GROUNDWATER SUSTAINABILITY PLAN CARRIED 5-0, acting as the City of San Luis Obispo Groundwater Sustainability Agency, to receive and file an update on the Sustainable Groundwater Management Act Groundwater Sustainability Plan development, including the Draft Communication and Engagement Plan, Draft Data Management Plan, and Draft Chapters 1-6 of the Groundwater Sustainability Plan. Item 2 Packet Page 6 San Luis Obispo City Council Minutes of December 8, 2020 Page 4 7. AUTHORIZATION TO ADVERTISE THE HIGUERA STREET PAVING PROJECT, SPECIFICATION NO. 1000171 CARRIED 5-0, to: 1. Approve the project plans and specifications for the Higuera Street Paving Project, Specification Number 1000171; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager, or their designee, to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the Engineer’s Estimate of $200,000. 8. AWARD CONTRACT FOR THE TERRACE HILL PIPELINE AND PRESSURE REDUCING VALVE REHABILITATION PROJECT, SPECIFICATION NO. 91425 CARRIED 5-0, to 1. Award a Construction Contract to Raminha Construction, Inc. in the amount of $585,660 for the Terrace Hill Pipeline and Pressure Reducing Valve Rehabilitation Project and authorize the Mayor to execute the Contract; and 2. Approve the transfer of $74,000 from the Water Distribution Fund Undesignated Capital Account to the project account (91425) to fund this project. 9. APPROVE AN UPDATED MEMORANDUM OF UNDERSTANDING WITH THE CITY OF MORRO BAY AND CITY OF PASO ROBLES FOR SHARING POLICY BOARD, OPERATIONS BOARD, AND COMMUNITY ADVISORY COMMITTEE SEATS ON CENTRAL COAST COMMUNITY ENERGY CARRIED 5-0, to 1. Approve the draft Memorandum of Understanding with the City of Morro Bay for sharing Policy Board, Operations Board, and Community Advisory Committee seats on Central Coast Community Energy; and 2. Authorize the City Manager to execute the MOU in a form subject to approval of the City Attorney’s Office. 10. AUTHORIZATION TO EXECUTE A LEASE AGREEMENT FOR 1100 MILL STREET CARRIED 5-0, to adopt Resolution No. 11195 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Mayor to execute a Lease Agreement with the County of San Luis Obispo for 1100 Mill Street.” 11. AUTHORIZATION TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION AND AUTHORIZE THE EXAMINATION OF TRANSACTION AND USE TAX RECORDS (ELKE) CARRIED 5-0, to: 1. Adopt Resolution No. 11196 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a Local Transactions and Use Tax;” and Item 2 Packet Page 7 San Luis Obispo City Council Minutes of December 8, 2020 Page 5 2. Adopt Resolution No. 11197 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the examination of Transactions (Sales) and Use Tax records;” and 3. Authorize the City Manager to amend the agreement with Hinderliter, De Llamas, and Associates (HdL Companies) for continued Transaction and Use Tax Audit and Information Services. 12. RESPONSE TO GRAND JURY REPORT – JOINT AGENCY DISPATCH: BETTER TOGETHER? CARRIED 5-0, to receive and file the County of San Luis Obispo Grand Jury Agency Response regarding contracting City Police and Fire dispatching services to the County Sheriff and CalFire. 13. APPROVAL OF THE FINAL MAP FOR TRACT 2943 PHASE 2, EARTHWOOD LANE (FMAP 0208-2020) CARRIED 5-0, to adopt Resolution No. 11198 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract No. 2943 Phase 2 (151 Suburban Road, TR 74-07).” 14. APPOINTED OFFICIALS’ COMPENSATION CARRIED 5-0, to: 1. Adopt Resolution No. 11199 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for the City Manager;” and 2. Adopt Resolution No. 11200 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for the City Attorney;” and 3. Authorize the Mayor to execute amended contracts of employment with the City Manager and City Attorney adjusting their respective salaries and deferred compensation contributions and providing flexibility to cash out of accrued vacation. 15. APPROVE A SUCCESSOR MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES’ ASSOCIATION CARRIED 5-0, to 1. Adopt Resolution No. 11201 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Employees’ Association for the period of July 1, 2019 to June 30, 2022;” and 2. Adopt a Regular and Supplemental Salary Schedule effective December 10, 2020 as required by California Public Employees Retirement System (CalPERS). Item 2 Packet Page 8 San Luis Obispo City Council Minutes of December 8, 2020 Page 6 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 16. PROVIDE BIKE SHARE POLICY DIRECTION AND AUTHORIZE A REQUEST FOR PROPOSALS FOR A BIKE SHARE PROVIDER Public Works Director Matt Horn, Transportation Manager Luke Schwartz and Active Transportation Manager Adam Fukushima provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: By consensus, the Council directed staff to not proceed with the RFP and to work with the Active Transportation Committee on priority project for the FY 21-23 Financial Plan. 17. FOLLOW-UP ON DIRECTION PROVIDED BY CITY COUNCIL AS PART OF THE DANA STREET PARKING DISTRICT APPROVAL Council Member Pease recused herself from this item as her office is located within 300 feet of the parking district. Public Works Director Matt Horn, Parking Services Manager Gaven Hussey and Parking Services Supervisor Alex Fuchs provided an in-depth staff report and responded to Council questions. Public Comments: Tyler Dahl Dianna Beck Christopher Maisano Ursula Bishop ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER MARX, CARRIED 4-0-1 (WITH COUNCIL MEMBER PEASE ABSTAINING) to: 1. Receive requested information for the Dana Street Parking District; and 2. To survey Multi-Family Properties of five to eight units along Dana Street to ensure a majority of these properties wish to be included in the Dana Street Parking District; 3. To return to Council with municipal code amendments and an update to the Dana Street Parking District Resolution based upon Multi-Family Properties survey results; and 4. Eliminate the 2-hour time parking limit on Dana Street and to self-expire with the construction of the Palm/Nipomo parking structure unless extended by City Council. Item 2 Packet Page 9 San Luis Obispo City Council Minutes of December 8, 2020 Page 7 RECESS Council recessed at 8:17 p.m. and reconvened at 8:25 p.m., with all Council Members present. 18. WATER AND SEWER RATE REVIEW Utilities Director Aaron Floyd and Utilities Business Manager Jennifer Thompson provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER MARX, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 11202 (2020 Series) entitled “A Resolution of the Council of the City of San Luis Obispo, California, Establishing the Water and Sewer Rates for Fiscal Year 2020-21,” effective February 1, 2021. 19. AUTHORIZE IMMEDIATE INVESTMENT IN ECONOMIC DEVELOPMENT EFFORTS & HOMELESS SERVICES Assistant City Manager Shelly Stanwyck and Deputy City Manager Greg Hermann provided an in-depth staff report and responded to Council questions. Public Comments: Jim Dantona, SLO Chamber ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR STEWART, CARRIED 5-0 to: 1. Adopt Resolution 11203 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, to appropriate $3,425,000 in FY 2018-19 General Fund Unassigned Fund Balance for immediate investment in economic development efforts and homeless services and to replenish the appropriation with unbudgeted Local Revenue Measure Funds resulting from the passage of Measure G-20 for Fiscal Year 2020-21” to address public health and safety related to homelessness in response to the immediate and long-term impacts of the Covid-19 Pandemic; and 2. Authorize the City Manager, per Resolution No. 11117 (2020 Series), to appropriate $3,425,000 in unbudgeted Local Revenue Measure Funds for the 2020-21 Fiscal Year to replenish the General Fund Unassigned Fund Balance for the efforts described above, subject to concurrence of the Revenue Enhancement Oversight Commission. Item 2 Packet Page 10 San Luis Obispo City Council Minutes of December 8, 2020 Page 8 STUDY SESSION ITEMS 20. STUDY SESSION ON DRAFT ACTIVE TRANSPORTATION PLAN Public Works Director Matt Horn, Transportation Manager Luke Schwartz and Active Transportation Manager Adam Fukushima provided an in-depth staff report and responded to Council questions. Public Comments: Helene Finger Garrett Otto Molly Kern ---End of Public Comment--- ACTION: By consensus, Council directed staff to receive and file the presentation on the Draft Active Transportation Plan; and provided the following direction regarding finalizing the Plan. COUNCIL COMMUNICATIONS AND LIAISON REPORTS None. ADJOURNMENT The meeting was adjourned at 11:06 p.m. The next Regular City Council Meeting is scheduled for Tuesday, January 12, 2021 at 6:00 p.m., via teleconference. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: XX/XX/2021 Item 2 Packet Page 11 San Luis Obispo Page 1 Thursday, December 10, 2020 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Thursday, December 10, 2020 at 5:35 p.m. by Mayor Harmon, with all Council Members present via teleconference. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON AGENDA ITEMS ONLY None ---End of Public Comment--- PUBLIC HEARING ITEMS AND BUSINESS ITEMS 1. RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR AND PROVIDE COVID-19 RELATED DIRECTION BASED ON CURRENT STATUS City Manager Derek Johnson provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Item 2 Packet Page 12 San Luis Obispo City Council Minutes of December 10, 2020 Page 2 ACTION: MOTION BY VICE MAYOR STEWART, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: 1. Receive an update from the Emergency Services Director related to COVID-19; and 2. Authorized the Mayor to submit a letter on behalf of the Council in support of the San Luis Obispo County Board of Supervisor’s letter to the Governor regarding creating a Central Coast region separate from the Southern California Region. ADJOURNMENT The meeting was adjourned at 6:15 p.m. The next Regular City Council Meeting is scheduled for Tuesday, January 12, 2021 at 6:00 p.m., via teleconference. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: XX/XX/2021 Item 2 Packet Page 13 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 2 Packet Page 14 Department Name: Utilities Cost Center: 6002 For Agenda of: January 12, 2021 Placement: Consent Estimated Time: N/A FROM: Aaron Floyd, Utilities Director Prepared By: David Hix, Deputy Director Utilities - Wastewater Jennifer Metz, Utilities Project Manager SUBJECT: AUTHORIZE ADVERTISEMENT OF CALLE JOAQUIN SIPHON AND SEWER LIFT STATION REPLACEMENT PROJECT, SPECIFICATION NO. 91118 RECOMMENDATION 1. Approve the plans and specifications (Council Reading File, Attachment A and B) for the Calle Joaquin Siphon and Sewer Lift Station Replacement Project (Project), Specification No. 91118; and 2. Authorize staff to advertise the Project for bids; and 3. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, Authorizing Use of Sewer Fund Unreserved Working Capital for Construction of the Calle Joaquin Siphon and Lift Station Replacement Project, Specification No. 91118 and General Fund Completed Projects and Capital Reserves to Fund Silt Removal” (Attachment C); and 4. Authorize the City Manager to award the construction contract for the Project if the lowest responsible bid is within available project funding. DISCUSSION Background Wastewater collection systems function primarily by gravity, flowing from higher to lower elevations throughout the City until wastewater ultimately reaches the Water Resource Recovery Facility (WRRF) for treatment. To maintain adequate elevations, sewer lift stations are constructed to “lift” the wastewater to higher elevations, where it can again be conveyed by gravity. The Calle Joaquin Sewer Lift Station serves properties in the southern portion of the City on both the east and west sides of US 101. The lift station was put into service in 1967 making it the oldest of eight sewer lift stations operated by the City. Item 3 Packet Page 15 Sewer siphons are designed to carry wastewater for short distances under pressure, typically when the wastewater collection system needs to cross a creek or other low elevation site that would impede gravity flow. The sewer siphon under San Luis Obispo Creek and the gravity sewer main across US 101 were installed in the early 1970s to direct wastewater to the Calle Joaquin lift station. The lift station also serves new development on the northern portion of Calle Joaquin and will serve the future Froom Ranch project. When first programmed as part of the 2011-13 Financial Plan, the project included design and replacement of the Calle Joaquin sewer force main. That element was constructed in 2015 (Specification No. 91133). Replacement of these facilities is challenging due to limited site area and access for construction work, past flood events requiring elevating access to the lift station, deep excavations, high groundwater, and seasonal limitations for work in the San Luis Creek channel. The City acquired temporary construction and permanent easements for the lift station and siphon construction. Due to the proximity of this project near US 101 and the creek environment, the City is obtaining permits from Caltrans and various environmental agencies including U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, Regional Water Quality Control Board (RWQCB), Army Corps of Engineers, and the National Oceanic and Atmospheric Administration - National Marine Fisheries Service. Project The City completed plans and specifications for the Project (Attachments A and B) and recommends the City Council authorize advertisement of the Project for construction. The project requires diversion of San Luis Obispo Creek and excavation work to enable the construction of the new sewer siphon under the Creek and removal of the existing siphon. With the diversion in place to enable access for equipment, the Project includes removal of over 0.5 acres of the perennial invasive exotic grass Arundo donax and 1,000 cubic yards of silt from the San Luis Obispo Creek channel that has posed a historic flooding risk to the City. Consistent with Municipal Code section 12.08.100 (Exceptions to Discharge), the City has applied for a permit from the RWQCB authorizing discharge to a City storm drain connected to Froom Creek for the lift station portion of the project for dewatering. The Project contingency for construction, construction management, and inspection services is budgeted at 25 percent due to the complexity of the Project and consequence of failure. Construction management and inspection services will be provided by consultants from the City’s on-call service contracts, Capital Plan Construction Management Services, Specification No. 50410.2018CM. Project Components • Replace lift station above flood elevation • Provide backup emergency power • Replace siphon 12 feet under San Luis Obispo Creek • Replace sewer crossing of US 101 • Replace gravity sewer on southern stretch of Calle Joaquin (toward KSBY) • Remove invasive Arundo donax and silt to alleviate future flooding • Restore Creek per permit requirements Item 3 Packet Page 16 Policy Context Per the City’s General Plan Water and Wastewater Management Element, 2019 Sewer System Management Plan, and 2015 Wastewater Collection System Infrastructure Renewal Strategy, the City replaces wastewater infrastructure to ensure delivery of reliable service, minimize sanitary sewer overflows, and provide adequate capacity to serve future development. Previous Council Action On March 15, 2019, the City Council approved contract amendments for the completion of engineering design services for the project’s construction documents (Attachment D). As part of that item, the City Council also approved additional environmental permitting services related to the construction of the project and property acquisition services for the project’s temporary construction easements and permanent utility easements. Public Engagement The Calle Joaquin Siphon and Lift Station Replacement Project has been identified as a priority project in the Financial Plan Capital Improvement Plan since 2011. As construction proceeds, updates will be provided on the City’s Public Works Department website at: www.slocity.org/government/department-directory/public-works/construction-and-traffic-updates COVID-19 Considerations Due to the current economic impacts of COVID-19, the City reevaluated all Capital Improvement Plan projects with the goal of adjusting Capital Expenditures in response to projected revenue shortfalls and aligning the adjusted CIP program with a focus on economic recovery and fiscal responsibility. With these criteria in mind, this project is recommended to continue as it addresses a critical infrastructure need. Additionally, this project supports economic recovery through contracts with local or regional companies that will further retain employment and long-term viability of the construction industry. CONCURRENCES Utilities staff, City Biologist, and Public Works Department staff (City Engineer and Construction Manager) have worked cooperatively on the delivery of this Project. Those staff concur with the recommendations in this report. ENVIRONMENTAL REVIEW The City Council approved a Mitigated Negative Declaration of Environmental Impact for the Project in 2016 by Resolution 10718 (Council Reading File, Attachment E). An addendum was prepared in 2020 to include the removal of the existing siphon from San Luis Obispo Creek during construction as required by the National Oceanic and Atmospheric Administration - National Marine Fisheries Service to improve fish passage in the Creek. Item 3 Packet Page 17 FISCAL IMPACT Budgeted: Yes Budget Year: 2019-20 Funding Identified: Yes The Project was described in the 2019-21 Financial Plan, Capital Improvement Program. The construction cost estimate for the project is $3,500,000. Other project costs of $825,000 are outlined in the table below. Contingencies are included at 25 percent of the construction and construction management/inspection budget to address potential changes in scope that may arise during construction. This is a higher rate of contingency to typical pipeline replacement capital projects due to the complexity of the Project. The estimated total project cost is $5,406,250. The approximate current balance in Sewer Fund unreserved working capital is $35 million. Estimated Construction Costs Construction Cost Estimate $3,500,000 Construction Management/Inspection $400,000 Engineering Construction Phase Support/Record Drawings $200,000 Biological and Cultural Resources Monitoring $100,000 Utility Service and Relocations (PG&E, Gas, AT&T, Charter Cable) $100,000 Specialty Inspection, Materials Testing, and Printing $25,000 Subtotal $4,325,000 Construction Contingency (25%) $1,081,250 Total Project Cost1 $5,406,250 Project Funding Sewer Fund, FY 2017-19 Funding (91118, carryover) $2,200,000 Sewer Fund, FY 2019-20 Funding (1000087) $700,000 Expenditures to Date - $400,000 Available Funding $2,500,000 General Fund, Capital Reserve (Silt Removal) $77,000 General Fund, Completed Projects $23,000 Sewer Fund, Unreserved Working Capital $2,900,000 Project Funding $5,500,000 1 Excludes operating costs. Item 3 Packet Page 18 Fiscal Analysis: Funding Sources Total Budget Expenditures to Date Remaining Budget General Fund $100,000 $0 $100,000 State Federal Fees Other: Sewer Fund $5,800,000 $400,000 $5,400,000 Total $5,900,000 $400,000 $5,500,000 Annual staffing, maintenance, equipment, and energy cost for the Calle Joaquin Lift Station is estimated at $15,000 annually. This cost is not expected to increase with the replacement of the lift station. Funding for the Project’s on-going operational costs was approved as part of the 2019-2021 Financial Plan in the Sewer Fund, Wastewater Collection section operating budget. ALTERNATIVES Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to advertise this project. Staff does not recommend this alternative as the City is required to remain in regulatory compliance. Should this be denied or deferred, the existing siphon and lift station will continue to deteriorate, increasing the likelihood of failure, which could result in the discharge of untreated wastewater directly into San Luis Obispo Creek. Attachments: a - COUNCIL READING FILE - Project Plans b - COUNCIL READING FILE - Project Specifications c - Draft Resolution d - COUNCIL READING FILE - Council Agenda Report dated 03/05/2019 e - COUNCIL READING FILE - Resolution No. 10718 (2016 Series) Item 3 Packet Page 19 R ______ RESOLUTION NO. _____ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING USE OF SEWER FUND UNRESERVED WORKING CAPITAL FOR CONSTRUCTION OF THE CALLE JOAQUIN SIPHON AND LIFT STATION REPLACEMENT PROJECT, SPECIFICATION NO. 91118 AND GENERAL FUND COMPLETED PROJECTS AND GENERAL FUND CAPITAL RESERVES TO FUND SILT REMOVAL WHEREAS, per the City’s General Plan Water and Wastewater Management Element, 2019 Sewer System Management Plan, and 2015 Wastewater Collection System Infrastructure Renewal Strategy, the City replaces wastewater infrastructure to ensure delivery of reliable service, minimize sanitary sewer overflows, and provide adequate capacity to serve future development; and WHEREAS, the Calle Joaquin Sewer Lift Station serves properties in the southern portion of the City on both the east and west sides of US 101, serves new development on the northern portion of Calle Joaquin, and will serve the future Froom Ranch project; and WHEREAS, the Calle Joaquin Sewer Lift Station was put into service in 1967 making it the oldest of eight sewer lift stations operated by the City, and is past its useful life and in need of replacement; and WHEREAS, a sewer siphon under San Luis Obispo Creek and the gravity sewer main across US 101 were installed in the early 1970s to direct wastewater to the Calle Joaquin lift station, also requires replacement due to its condition; and WHEREAS, construction of the sewer siphon enables access to an area to remove over 0.5 acres of the perennial invasive exotic grass Arundo donax and 1,000 cubic yards of silt from the San Luis Obispo Creek channel that has posed a historic flooding risk to the City; and WHEREAS, in June 2019, the City Council approved the 2019-21 Financial Plan, Capital Improvement Program, which identified a total budget of $3.1 million for the Calle Joaquin Siphon and Lift Station Replacement Project; and WHEREAS, on March 5, 2019, the City Council approved amendments to the design scope of the Project to include removal of the existing siphon from San Luis Creek and additional environmental permitting work; and WHEREAS, the total available budget for the Project is $2,600,000 and the total Project cost is estimated at $5,500,000 requiring an additional $2,900,000 to fund Project construction; and WHEREAS, a balance of over $35 million is available from Sewer Fund, Unreserved Working Capital to fund the Project; and Item 3 Packet Page 20 Resolution No. _____ (2021 Series) Page 2 R ______ WHEREAS, a balance of $23,000 is available from General Fund, Completed Projects Account to fund a portion of the silt removal component of the Project; and WHEREAS, a balance of $120,000 is available from General Fund, Capital Reserve Account to fund the remainder of the silt removal component of the Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The budget of $2,900,000 will be moved to the Calle Joaquin Siphon and Lift Station Replacement Project, Specification No. 91118, from Sewer Fund, Unreserved Working Capital, as it is a high priority City project. SECTION 2. The budget of up to $23,000 will be moved to the Calle Joaquin Siphon and Lift Station Replacement Project, Specification No. 91118, from General Fund, Completed Projects Account for silt removal. SECTION 3. The budget of up to $77,000 will be moved to the Calle Joaquin Siphon and Lift Station Replacement Project, Specification No. 91118, from General Fund, Capital Reserve Account for silt removal. Item 3 Packet Page 21 Resolution No. _____ (2021 Series) Page 3 R ______ SECTION 4. Environmental Review. The City Council approved a Mitigated Negative Declaration of Environmental Impact for the Project in 2016 by Resolution 10718 (2016 Series). An addendum was prepared in 2020 to include the removal of the existing siphon from San Luis Obispo Creek during construction as required by the National Oceanic and Atmospheric Administration - National Marine Fisheries Service to improve fish passage in the Creek. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ___________________________. ____________________________________ Teresa Purrington City Clerk Item 3 Packet Page 22 Department Name: Parks and Recreation Cost Center: 7001 For Agenda of: January 12, 2021 Placement: Consent Estimated Time: N/A FROM: Greg Avakian, Parks and Recreation Director Prepared By: Aleah Bergam, Administrative Analyst SUBJECT: AUTHORIZATION TO APPLY FOR 2021 NATIONAL FITNESS CAMPAIGN GRANT FUNDS RECOMMENDATION 1. Approve a Resolution (Attachment A) authorizing staff to pursue a grant application, for a total amount not to exceed $25,000, with the National Fitness Challenge (NFC) for 2021 Healthy Cities Campaign funding; and 2. If awarded the grant, appropriate the grant amount and additional necessary funding from the Parkland-in-lieu (Quimby) Fund into the Parks and Recreation Department’s budget upon grant award; and 3. Authorize the City Manager to execute the necessary grant documents including a sole source contract with NFC for purchase and installation of a Fitness Court® Emerson Park if grant is awarded. 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 new parks and replacement of outdated recreation features. The replacement of Emerson Park Exercise equipment was defunded at the FY 2020-21 Budget Supplement With the recent indoor gym closures due to COVID-19 restrictions and a significant increase in the community members utilizing outdoor areas for fitness, staff believes updated Emerson Park Exercise equipment is important to provide a space for the public to exercise in an open area environment which leads to improved mental and physical wellbeing. At this time, grant opportunities are available that can augment City funds for the purposes of developing and revitalizing City parks. The 2021 Healthy Cities Campaign is a grant opportunity through the National Fitness Campaign, in collaboration with the California Parks and Recreation Society (CPRS), which leverages funding to assist in accelerating the growth of the outdoor Fitness Court® network. Item 4 Packet Page 23 The National Fitness Campaign’s (NFC) mission is to design healthy infrastructure for cities to improve the quality of life for people. NFC is a San Francisco based social enterprise and consulting firm that partners with cities, schools and state agencies that make health a priority and plan, build, fund, and activate healthy infrastructure through the purchase and installation of a Fitness Court®. The Fitness Court is marketed as the “world’s best outdoor gym” with seven movements in seven minutes (see Attachment B for more information). The Fitness Court® serves adults of all ages and abilities and enables thousands of exercises. Six feet physical distancing is supported on the Fitness Court® and there is an online application user can download on their phone for free workouts. City staff is requesting authorization to apply for grant funding from NFC in the amount of $25,000 in order to augment proposed funding set aside for Emerson Park Exercise Equipment replacement. If approved by Council, staff will submit a grant application in mid-January 2021 with an expectation for potential grant award announcement in early spring. One of the required attachments in the NFC Grant Application is to provide a signed resolution (Attachment A) from the local jurisdiction’s governing body, to authorize the submittal of the application and matching funds to NFC. Why Sole Source the Purchase? Pursuant to the City’s Municipal Code Section 3.24.060 (C), certain acquisitions in which the item(s) to be purchased can be obtained from only one vendor or supplier may be obtained from a single source without engaging in the bidding procedures. While there are multiple vendors that manufacture exercise equipment, the NFC Grant is strictly for this specific fitness equipment. Item 4 Packet Page 24 The Fitness Court® is unique in that it is a part of a national network of over 4,000 communities. The network of California Park and Recreation agencies includes City of San Francisco, Hayward, and Palo Alto. There are currently no Fitness Courts on the Central Coast. The Fitness Court® includes a free online application that users can download and access free workouts. 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 leverage City funds. In addition, as staff is requesting Parkland-in-lieu (Quimby) funding be used to match the grant, the City’s Financial Management Manual, Section 540, states that “As provided under City Charter, the Council has the sole responsibility for adopting the City's budget and may amend or supplement the budget at any time after its adoption by majority vote of the Council. After budget adoption, all supplemental appropriations from fund balance or working capital require Council approval.” Quimby fees have been paid by subdivisions surrounding Emerson Park, thus justifying allocating this funding to Emerson Park improvements. Public Engagement As this is authorization to apply for grant funding, no public engagement is required. Feedback from the Parks and Recreation Master Plan Needs Assessment of 2018 outlined the need for additional and upgraded fitness opportunities within the City’s park systems. In addition, staff has scheduled five virtual public workshops in January 2021 for Emerson Park Design Ideas and Concepts. Within the format of the workshops, exercise equipment is an area of focus with specific feedback on the Fitness Court®. Staff will present results and request feedback from the Parks and Recreation Commission. 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 Item 4 Packet Page 25 Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund State Federal Fees Other: NFC Grant $25,000 Other: Parkland-in-lieu (Quimby) Fund $200,400 Total $225,400 The City’s Parks and Recreation Department has time allocated within its normal work program to prepare and submit the grant application. Current undesignated Quimby Parkland-in-lieu fund balance is approximately $1.8M of which $1.4M are designated for Laguna Lake improvements leaving $400,000 available for project designation. If successful, these grant monies will augment Parkland-in-lieu (Quimby) funding. Emerson Park Fitness Equipment was previously budgeted in the FY 19-21 Financial plan but due to economic constraints surrounding COVID- 19, the project was defunded at the FY 2020-21 Budget Supplement. Staff is requesting that Council authorize the project and the budget appropriations if the grant application is successful and funding awarded. If the grant application is not successful, staff would bring forth a request with the 2021-23 Financial Plan. Staff did not include any additional on-going maintenance costs as this is a replacement of exercise equipment and maintenance costs are expected to remain the same as the current on- going cost for the exercise equipment currently at Emerson Park. This ongoing cost is included in the current Parks Maintenance budget appropriation. 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 which includes sole source contract if grant is awarded. 3. The City Council could deny appropriating Parkland-in-lieu Quimby funding for Fitness Court® installation and request a different funding source Attachments: a - Draft Resolution b - COUNCIL READING FILE - National Fitness Campaign 2021 Briefing Materials Item 4 Packet Page 26 R ______ RESOLUTION NO. _____ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE APPLICATION FOR 2021 NATIONAL FITNESS CAMPAIGN GRANT FUNDS AND ALLOCATING MATCHING FUNDS FOR AN OUTDOOR FITNESS COURT® WHEREAS, the National Fitness Campaign (NFC) is a social enterprise whose mission is to design healthy infrastructure for cities to improve the quality of life for people; and WHEREAS, NFC builds partnerships with cities that align with the Campaign’s mission and through NFC’s national sponsors and partners is able to provide grant funding for participation in their 2021 initiative to install and activate outdoor Fitness Courts® in 200 cities and schools across the country; and WHEREAS, said grant funding is available to qualified municipalities who submit an application for funding and receive approval. WHEREAS, the City of San Luis Obispo will accept a $25,000 National Grant from the NFC Grant Committee and Statewide Partners, and provide a local match in the amount of $200,400 to promote and implement a free-to-the-public outdoor Fitness Court®, and; WHEREAS, the City of San Luis Obispo will commit to construction and launch of the outdoor Fitness Court® by the end of the 2021 calendar year, and; 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 2021 National Fitness Campaign Grant; and SECTION 2. The City Council approves allocating $25,000 in grant funding and $200,400 in Parkland-in-lieu (Quimby) funding; and SECTION 3. 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 4. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Item 4 Packet Page 27 Resolution No. _____ (2021 Series) Page 2 R ______ SECTION 5. The City Manager, or his or her designee, is authorized to execute a sole source contract with NFC for the purchase and installation of a Fitness Court®. Upon motion of Council Member ____________, seconded by Council Member ________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ____________________________. ____________________________________ Teresa Purrington City Clerk Item 4 Packet Page 28 Department Name: Public Works Cost Center: 6004 For Agenda of: January 19, 2021 Placement: Consent Estimated Time: NA FROM: Matt Horn, Director of Public Works Prepared By: Aaron Glauch, Engineer II SUBJECT: AUTHORIZATION TO ADVERTISE RESERVOIR #1 COVER REPLACEMENT, SPECIFICATION NO. 1000034 RECOMMENDATION 1. Approve Contract Documents for Reservoir 1 Cover Replacement, Specification No. 1000034; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award a contract for the lowest responsible bid if within the Engineer’s Estimate of $703,500. DISCUSSION Background Reservoir 1, part of the City’s water treatment infrastructure, has a storage capacity of 7.50 million gallons and provides water for both commercial and residential services. This reservoir includes a floating cover and rainwater drainage system designed to protect the water from contamination and vandalism, as well as to reduce evaporation from the reservoir. Installed in 1998, the current cover has exceeded its original 20-year warranty against failure due to UV radiation exposure and regular wear and tear. Inspections of the cover completed in 2017 recommended replacement based on the general condition of the cover, as well as the increased potential for damage of the cover during storm events. Additionally, all treated water storage tanks in California are required by the Division of Drinking Water to be covered. Staff seeks Council authorization to advertise for bids to install a new reservoir cover and rainwater drainage system, with design considerations regarding future modifications to Reservoir 1 to include: 1. Additional capacity to remove rainwater that collects on the reservoir cover; and 2. Resurveying the reservoir; and 3. Conduit for the installation of future instrumentation in the reservoir. Due to seasonal demands on the water treatment system, installation of the equipment must be completed by June 1, 2021. Item 5 Packet Page 29 Policy Context Funding for this project was identified in the FY 2020-21 Budget Supplement adopted by Council on June 2, 2020. Public Engagement The project was included in the public engagement process as part of the FY 2020-21 Budget Supplement preparation and adoption. This is a critical public infrastructure project and is important for fire safety and the general health and welfare of the public. CONCURRENCE The Public Works Department and Utilities Department concur with the recommendations in this report. ENVIRONMENTAL REVIEW This project is categorically exempt from environmental review pursuant to section 15301 of the CEQA Guidelines (Existing Facilities) since it is a maintenance and replacement project. A Notice of Exemption will be filed through the Community Development Department. FISCAL IMPACT Budgeted: Yes Budget Year: 2019-20 Funding Identified: Yes Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State Federal Fees Other funds: Water Distribution $1,455,000 $811,525 $643,475 $0 Total $1,455,000 $811,525 $643,475 $0 The 2019-21 Financial Plan appropriated $1,200,000 in FY 2019-20 for Reservoir Maintenance Projects, including the Reservoir 1 Cover Replacement. In addition, the FY 2020-21 Budget Supplement appropriated an additional $750,000 to reservoir maintenance in support of the project. Currently, this account contains $1,455,000 in available funding, which is sufficient to support this request of $811,525. Item 5 Packet Page 30 601 Fund Engineer's Estimate:$703,500 $703,500 Contingencies $105,525 $105,525 Total for Construction $809,025 $809,025 Printing:$2,500 $2,500 Total Project Cost $811,525 $811,525 Current Project Balance:$1,455,000 $1,455,000 Post Project Remaining Balance:$643,475 $643,475 Reservoir 1 Cover Replacement, Specification No. 1000034 Reservoir Maintenance Account (1000034)Project Total Costs ALTERNATIVES Do not move forward with this request at this time. This is not recommended, as delayed replacement will result in further degradation of the reservoir cover, impacting the downstream water distribution system. Attachments: a - Special Provisions for Specification No. 1000034 Item 5 Packet Page 31 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO RESERVOIR 1 COVER REPLACEMENT Specification No. 1000034 February 2021 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Item 5 Packet Page 32 Reservoir 1 Cover Replacement Specification No. 1000034 Approval Date: <<date of CM or CAR Report Authorizing Advertisement>> <<Signature Date>> Item 5 Packet Page 33 TABLE OF CONTENTS NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ...................................................................................................................................... I BID DOCUMENTS .................................................................................................................................... II PROJECT INFORMATION ....................................................................................................................... III QUALIFICATIONS .................................................................................................................................... III AWARD ..................................................................................................................................................... V ACCOMMODATION .................................................................................................................................. V BID FORMS .................................................................................................................... A BID ITEM LIST FOR: ................................................................................................................................. A RESERVOIR 1 COVER REPLACEMENT, SPECIFICATION NO. 1000034 ............................................ A LIST OF SUBCONTRACTORS ................................................................................................................. B PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. C PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... C PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. C LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... C NON-COLLUSION DECLARATION .......................................................................................................... E BIDDER ACKNOWLEDGEMENTS ........................................................................................................... F QUALIFICATIONS .................................................................................................................................... G ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................. H SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ....................................................................................................... 1 1 GENERAL ........................................................................................................................................... 1 2 BIDDING ............................................................................................................................................. 1 3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1 4 SCOPE OF WORK ............................................................................................................................. 1 5 CONTROL OF WORK ........................................................................................................................ 2 6 CONTROL OF MATERIALS ............................................................................................................... 2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2 8 PROSECUTION AND PROGRESS ................................................................................................... 2 9 PAYMENT ........................................................................................................................................... 2 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 3 77 LOCAL INFRASTRUCTURE ............................................................................................................ 3 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 Item 5 Packet Page 34 NOTICE TO BIDDERS i NOTICE TO BIDDERS BID SUBMISSION Sealed bids will be mailed to the following address: City of San Luis Obispo Public Works Department 919 Palm Street San Luis Obispo, CA 93401 Attn: Aaron Glauch Bids delivered in person will not be accepted. All mailed bids must be delivered and in possession of the Project Manager by: 2:00 p.m. on February 22, 2021 At which time they will be publicly opened and read aloud via Microsoft Teams video conference and conference call. In-person attendance of the bid opening will not be permitted in adherence to social distancing measures. Use the following link: Microsoft Teams Conference Call or join by phone with this number: (209) 645-4165 with Conference ID: 616 085 778# Submit bid in a sealed envelope plainly marked: Reservoir 1 Cover Replacement, Specification No. 1000034 Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered. By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents. All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions. Each bid must be accompanied by either a: 1. certified check 2. cashier's check 3. bidder's bond made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract. Item 5 Packet Page 35 NOTICE TO BIDDERS NOTICE TO BIDDERS ii The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid. All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List. Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code. The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. BID DOCUMENTS A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals A printed copy may be obtained at the office of the City Engineer by paying a non- refundable fee of: 1. $15.00 if picked up in person, or 2. $25.00 if by mailing to the office of the City Engineer Request must include Specification Number. The office of the City Engineer is located at: 919 Palm Street San Luis Obispo, CA 93401 Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents A printed copy may be obtained by paying a non-refundable fee of: 1. $30.00 if picked up in person, or 2. $40.00 if by mailing to the office of the City Engineer You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer. Item 5 Packet Page 36 NOTICE TO BIDDERS NOTICE TO BIDDERS iii Contact the project manager, Aaron Glauch at (805) 781-7055, by email at aglauch@slocity.org or the Public Works Department at (805) 781-7200 prior to bid opening to verify the number of addenda issued. You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals. PROJECT INFORMATION In general, the project includes design and installation of a floating cover over a 7.50 million gallon potable reservoir. Design shall include a system for automatically collecting and removing storm water from the exterior surface of the cover, provisions for instrumentation conduit into the reservoir. In addition, the liner of the reservoir will be inspected along with resurveying of the reservoir. The project estimated construction cost is $703,500 Contract time is established as 30 working days, beginning upon confirmed delivery date of replacement dover. Contract time does not include offsite fabrication. The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time. In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. There will be a walkthrough on Tuesday, February 9, 2020 . Bidders should meet US- 101 & Mossi Road, San Luis Obispo, CA at 10:00 AM. QUALIFICATIONS You must possess a valid Class C-61 Contractor's License at the time of the bid opening. You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code. Item 5 Packet Page 37 NOTICE TO BIDDERS NOTICE TO BIDDERS iv You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project’s bid opening date. One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor. The material Fabricator shall have fabricated not less that 465,000 square meters, of potable grade polypropylene floating over material, into large prefabricated panels using the same seaming equipment as specified for this project. Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive. The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions. The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the 1. knowledge 2. experience, 3. or is otherwise not responsible as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City. Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders. It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award. Protests must be filed no later than five working days after either: 1. bid opening date 2. notification of rejected bid. Protest must be in writing and received by the project manager located at: 919 Palm Street San Luis Obispo, CA 93401. Valid protests must contain the following information: 1. the reasons for the protest 2. any supporting documentation 3. the ruling expected by the City to remedy the protest. Item 5 Packet Page 38 NOTICE TO BIDDERS NOTICE TO BIDDERS v Any protest not containing all required information will be deemed invalid and rejected. The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered. The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination. If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code. Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request. AWARD The lowest bidder will be determined using the TOTAL PROJECT BID. As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications. You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263. ACCOMMODATION If any accommodations are needed to participate in the bid process, please contact Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be made as early as possible in the bidding process to allow time for accommodation. Item 5 Packet Page 39 BID FORMS A BID FORMS All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together. THE UNDERSIGNED, agrees that they have carefully examined: 1. the location of the proposed work 2. the plans and specifications 3. read the accompanying instructions to bidders and propose to furnish all: 4. materials 5. labor to complete all the required work satisfactorily in compliance with 6. plans 7. specifications 8. special provisions for the prices set forth in the bid item list: BID ITEM LIST FOR: RESERVOIR 1 COVER REPLACEMENT, SPECIFICATION NO. 1000034 Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 77-5 Cover System & Storm Water Drainage System Lump Sum 1 2 77-5 Instrumentation Conduit Lump Sum 1 3 77-5 Reservoir Liner Inspection Lump Sum 1 4 77-5 Remove and Dispose of Existing Cover Lump Sum 1 5 77-5 Topographic Survey Lump Sum 1 Total Project Bid $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. Item 5 Packet Page 40 BID FORMS BID FORMS B LIST OF SUBCONTRACTORS Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications. For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed. NOTE: If there are no subcontractors, write “NONE” and submit with bid. Name Under Which Subcontractor is Licensed License Number DIR Public Works Registration Number Address and Phone Number of Office, Mill or Shop Specific Description of Subcontract % of Total Base Bid Attach additional sheets as needed. Item 5 Packet Page 41 BID FORMS BID FORMS C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board. LABOR CODE SECTION 1725.5 STATEMENTS The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is Item 5 Packet Page 42 BID FORMS BID FORMS D under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. Yes No The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes No NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Item 5 Packet Page 43 BID FORMS BID FORMS E NON-COLLUSION DECLARATION I, , declare that I am of , the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Executed on , 20 , in __ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Signature and Title of Declarant) (SEAL) Subscribed and sworn to before me this _______day of _________, 20_____ Notary Public Company Name:____________________ Item 5 Packet Page 44 BID FORMS BID FORMS F BIDDER ACKNOWLEDGEMENTS By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.) The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo. Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date . The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected” by the City. Signature of Bidder (Print Name and Title of Bidder) DIR– Public Works Registration No: Business Name (DBA): Owner/Legal Name: Indicate One: Sole-proprietor  Partnership Corporation List Partners/Corporate Officers: Name Title Name Title Name Title Business Address Street Address Mailing Address City, State, Zip Code Phone Number Fax Number Email Address Date Item 5 Packet Page 45 BID FORMS BID FORMS G QUALIFICATIONS Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form. Reference Number 1 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid or did this project include similar activity? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Reference Number 2 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid or did this project include similar activity? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Reference Number 3 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid or did this project include similar activity? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Item 5 Packet Page 46 BID FORMS BID FORMS H ATTACH BIDDER'S BOND TO ACCOMPANY BID Know all men by these presents: That we ____________________________________________, AS PRINCIPAL, and _______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of: ____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden, ______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____. Bidder Principal: Signature Date Title: Surety: Bidder's signature is not required to be notarized. Surety's signature must be notarized. Equivalent form may be substituted (Rev. 6-30-14) Item 5 Packet Page 47 SPECIAL PROVISIONS 1 SPECIAL PROVISIONS ORGANIZATION Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. DIVISION I GENERAL PROVISIONS 1 GENERAL Add to Section 1-1.01 GENERAL: The work must be done in compliance with the City of San Luis Obispo, Department of Public Works: 1. Reservoir 1 Cover Replacement Special Provisions 2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition 3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition In case of conflict between documents, governing ranking must comply with section 5- 1.02 of the City of San Luis Obispo’s Standard Specifications. Failure to comply with the provisions of these sections is a material breach of contract: 1. Sections 5 through 8 of the Standard Specifications 2. Section 12 through 15 of the Standard Specifications 3. Section 77-1 of the Standard Specifications 4. Section 81 of the Standard Specifications 5. authorized working hours 6. OSHA compliance 2 BIDDING Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General with: Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be signed by the bidder. 3 CONTRACT AWARD AND EXECUTION 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Item 5 Packet Page 48 SPECIAL PROVISIONS SPECIAL PROVISIONS 2 Comply with the provisions of Section 77 for general, material, construction, and payment specifics. 5 CONTROL OF WORK Add to Section 5-1.47 GUARANTEE Eleven months after the final acceptance of the project, the City will have a drain down re-inspection of the work to determine if defects have appears in the work within the one year guarantee period specified. The Contractor shall be present at the time of the inspection and repair any defects in the work at their own cost. 6 CONTROL OF MATERIALS 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records (Labor Code 1776) with: Furnish the Engineer one Portable Document Format (PDF) file which contains all certified payroll records for the prior month’s work. Redact the PDF file making the employee’s social security number illegible. Failure to submit PDF file with other monthly payroll records is considered an incomplete payroll submission and penalties will be assessed. Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Work hours are restricted to 7:00 a.m. to 4:00 p.m. Modified working hours may be required for individual sites when determined necessary by the Engineer. You may also request modified work hours to facilitate the work, which will be considered by the Engineer. Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit. Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with: Provide a Level 1 schedule for this work. 9 PAYMENT Item 5 Packet Page 49 SPECIAL PROVISIONS SPECIAL PROVISIONS 3 DIVISION II GENERAL CONSTRUCTION 77 LOCAL INFRASTRUCTURE Add Section 77-2.03J(3) DISINFECTION: Water for disinfection will be provided by the City. Add Section 77-5 RESERVOIR COVER 77-5.01 GENERAL Section 77-5 includes reservoir cover design and construction. 77-5.02 MATERIALS The cover membrane shall be constructed of a scrim reinforced flexible material similar to, but not exclusive of, Potable Grade 1.2 mm Polypropoylene. Polypropylene material shall be ANSI/NSF Standard 61 approved for contact use in potable water systems. The cover membrane shall conform to the configuration of the surface of the reservoir when it is empty without slack or folds, except in areas where the internal circulation piping is located. Contractor shall provide submittals for Engineer’s review that include one (1) 2-square foot sample of the material. 77-5.02A Weathering The cover material shall be resistant to ultraviolet (UV) radiation, rated for no less than 20 years. 77-5.02B Seaming All factory fabricated seams shall have a minimum 77mm overlap with a minimum 40 mm scrim-over-scrim fully bonded section. All seams shall be bonded across the lapped area, including the encapsulated area, so that no loose edges are present on the top side of the cover. 77-5.03 DESIGN 77-5.03A Storm Water Drainage System The cover shall be designed to collect and direct all storm water to the northerly corner of the reservoir. This location is where the present siphon intake is located. Drainage system shall not be effected by minor bubbling of the cover. The Storm Water Drainage System shall include two (2) submersible pumps, one (1) operating and one (1) standby. Each submersible pump shall normally operate automatically with the ability to operate manually by local start/stop push button switches at the control panel located at the reservoir perimeter. Rainwater Removal Pumps Item 5 Packet Page 50 SPECIAL PROVISIONS SPECIAL PROVISIONS 4 Rainwater removal pumps shall be submersible-type pumps rated to perform according to the following design requirements: Design Condition Point 1 Point 2 Discharge Flow 40 gpm 80 gpm TDH 30 ft 10 ft Submerisble pumps shall have a constant-speed submersible motor rated at minimum 1.1 HP, 1-phase, 60 hertz, 230 volt and shall be mounted in the pump. The motor shall be provided with thrust and radial bearings to carry the entire load that may be imposed upon it under all operating conditions. Suction Hose Flexibe hose for rainwater removal pumps discharge shall be suction hose constructed of the following materials:  Tube – Synthetic Rubber  Carcass – Plies of synthetic fabric with wire helix  Cover – Synthetic rubber The tube and cover shall be wear resistant and resistant to sunlight, ozone, and moisture. The suction hose shall be heavy-duty industrial type with a minimum positive working pressure of 125 psi and a minimum negative working pressure of 14 psi. Suction hose shall be equipped with Type 316 stainless steel quick-disconnect couplings. Installation of Rainwater Removal Pumps Contractor shall furnish all necessary appurtenances to make the rainwater removal pumps operable such as discharge pipe, pipe fittings, quick disconnect fittings, and discharge hoses. Contractor shall connect the rainwater removal pumps and control boxes to the electrical power feeds. Rainwater removal submersible pump cords shall have submersible-rated plugs. Plugs shall be strapped to the pump discharge pipe at the highest point with black, double face- weave, medium weight or heavier, Dacron webbing with black Delrin (Acetal) standard cam buckles. Flow Test After installation of rainwater removal pumps and during reservoir fill period, a field flow test for the rainwater removal submersible pumps shall be conducted and witnessed by the Engineer. At least two operating points for the rainwater removal pump shall be verified. Item 5 Packet Page 51 SPECIAL PROVISIONS SPECIAL PROVISIONS 5 If there are difficulties in the operation of the rainwater removal pumps due to the manufacturer’s design or fabrication, additional service and corrective materials shall be provided at no additional cost to the City. Startup Support Rainwater removal pump manufacturer shall provide representatives onsite during rainwater removal pumps startup. Manufacturer representatives shall have an intimate working knowledge of the rainwater removal pumps and be able to troubleshoot tand perform onsite repairs as required. Startup support services shall be included as Work and shall be at no additional cost to the City. Operations & Maintenance Manuals Two (2) hard copies and one (1) electronic copy of the operations and maintenance manuals shall be provided to the City. 77-5.03B Access Hatches New cover design shall provide a minimum of three new access hatches. A hatch shall be provided near the control building, near the cover’s existing inflation blower, and near the reservoir overflow spillway. All central cover hatches shall be provided with access path flotation of the appropriate size and construction that leads from the closest point on the perimeter of the reservoir to the hatch cover. The access paths shall be capable of carrying a person weighing 160 kg. All access hatches shall be located so that the reservoir can be accessed when the water level is at approximately half capacity. 77-5.03C Cover Anchors The cover shall be attached around the perimeter of the reservoir utilizing the existing cover anchors. The existing anchoring system consists of stainless steel studs anchored to the reservoir bottom with the cover attached through the studs and held in place with an aluminum or stainless steal strap. 77-5.03D Floatation The cover shall be fitted with a supplementary system of floats of an appropriate size to effectively neutralize the weight of the cover membrane. 77-5.03E Air Vents The cover shall be designed to vent off entrapped air. Vents shall be placed in sufficient number and locations to prevent bubbling of the cover. 77-5.03F Maintenance Repairs The cover shall be provided with a movable float which can be placed over a tear for spot repairs. The movable float shall be capable of floating while carrying a two-person repair crew and any necessary repair equipment. Item 5 Packet Page 52 SPECIAL PROVISIONS SPECIAL PROVISIONS 6 77-5.03G Instrumentation Conduit The design shall include one (1) 3” conduit to be installed, allowing additional instrumentation to be added into the reservoir by the City. This conduit shall allow for instrumentation to be retrieved from within the control building, while maintaining the water-tight seal of the reservoir cover. Instrumentation is not a part of this specification. Instrumentation conduit shall be made from schedule 80 Polyvinyl Chrloride (PVC) pipe and comply with sections 77-2.02B(2). 77-5.04 CONSTRUCTION 77-5.04A Site Access The Contractor shall access the reservoir via the gate located on Mossi Road. Security fencing around the reservoir may be removed upon written approval of the Engineer by the Contractor at their discretion and replaced before acceptance of the work. It is the Contractor’s responsibility to secure the site during and at the close of each contract day. Contractor must provide their own portable restroom to facilitate the work. 77-5.04B Field Installation All parties walking or working upon the cover shall wear smooth-soled shoes. Shoes with patterns that pick up rocks and debris will not be permitted. Scissors used in the work shall have blades with rounded points. Marking pens or pencils shall not contain oils, wax, or grease. In addition to visual inspection, a 1.2 meter sample shall be taken from each factory seam welding unit used in this work at the beginning of every work shift and every four hours thereafter. Samples shall be obtained via a non-destructive procedure. Specimens shall be tested for factory seam shear strength and peel adheasion. Failure of the material and/or seams to meet all the requirements and tolerances as identified on the material product data sheets shall be cause for rejection of the test panel. A certificate of compliance shall be provided to the City showing that the samples have met these requirements. A quality control log shall be maintained showing the date, time, panel number, test specimen number, number of workers, shift activity, and ambient temperatures. Contractor shall provide field test speciments as directed by the Engineer. Test specimens shall be obtained by fabricationof material along side a field seam in progress. Contact surfaces for all field welded seams shall be cleaned and completely void of all foreign matter. 77-5.05 PAYMENT Item 5 Packet Page 53 SPECIAL PROVISIONS SPECIAL PROVISIONS 7 Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work as specified in these Special Provisions and as directed by the Engineer, shall be included in the contract pay items and no additional compensation shall be allowed thereafter. 77-5.06 INSPECTION & SURVEYING 77-5.06A Liner Inspection Contractor shall inspect the existing reservoir liner for deficiencies in performance and provide a written report detailing the condition of the reservoir liner and recommended repair or maintenance items. City may choose to address repair or maintenance items as a Contract Change Order. 77-5.06B Resurvey Contractor must utilize a licensed land surveyor to provide a topographic survey (Civil 3D) of the reservoir and submit the survey to the City, including reservoir volume calculations generated from survey data. The cover must be removed and the reservoir drained prior to the surveying date. 77-5.07 Existing Liner The reservoir is lined with a similar material as the existing cover, and shall be protected in place. Any damage shall be repaird at the contractor’s expense. Item 5 Packet Page 54 APPENDIX APPENDIX 0 APPENDIX A - FORM OF AGREEMENT THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of RESERVOIR 1 COVER REPLACEMENT, SPEC NO. 1000034 in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item No. Item Unit of Measure Estimated Quantity Item Price (in figures) Total (in figures) 1. 2. 3. 4. BID TOTAL: $ .00 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Item 5 Packet Page 55 APPENDIX APPENDIX 1 Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: 1. Notice to Bidders and Information for Bidders 2. Standard Specifications and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2015 5. Accepted Bid and Bid Bond 6. List of Subcontractors 7. Public Contract Code Sections 10285.1 Statement 8. Public Contract Code Section 10162 Questionnaire 9. Public Contract Code Section 10232 Statement 10. Labor Code Section 1725.5 Statements 11. Bidder Acknowledgements 12. Qualifications 13. Non-collusion Declaration 14. Agreement and Bonds 15. Insurance Requirements and Forms ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Item 5 Packet Page 56 APPENDIX APPENDIX 2 Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. CITY OF SAN LUIS OBISPO A Municipal Corporation __________________________________ Derek Johnson, City Manager APPROVED AS TO FORM CONTRACTOR: Name of Company ________________________________ By:________________________________ J. Christine Dietrick City Attorney Name of CAO/President Its: CAO/PRESIDENT (2nd signature required if Corporation): By:________________________________ Name of Corporate Officer Its: ____________________ Item 5 Packet Page 57 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 5 Packet Page 58 Department Name: Admin & IT Cost Center: 1101 For Agenda of: January 12, 2021 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Miguel Guardado, IT Manager and Brian Amoroso, Police Captain SUBJECT: AWARD CONTRACTS FOR MOBILE DATA COMPUTER, IN-CAR VIDEO, BODYWORN CAMERA AND COMMUNICATION GATEWAY FOR POLICE AND FIRE RECOMMENDATION 1. Authorize the City Manager to award the contract to purchase Mobile Data Computers and Mobile Communication Gateways to CDCE Inc; and 2. Authorize the City Manager to award the contract to purchase In-Car Video and Body worn camera systems to WatchGuard; and 3. Authorize waiver of formal bids to cooperatively purchase mobile data computers and communication gateway equipment as allowed under 3.24.060 E of the City of San Luis Obispo Municipal Code using the Panasonic NASPO ValuePoint Contract Master Agreement: MNWNC-124; and 4. Authorize waiver of formal bids to cooperatively purchase in-car video and bodyworn camera equipment as allowed under 3.24.060 E of the City of San Luis Obispo Municipal Code using the University of California Statewide Contract Purchasing Agreement #2018- 000203; and 5. Authorize Drive Customs to install the mobile data equipment in the Public Safety vehicles. DISCUSSION In May of 2020, the Police Department and the City’s Network Services staff formulated a Mobile Data Computer (MDC) project team to research mobile data computers, In-Car video, and body worn camera systems for replacement of the aging equipment, purchased in 2014. The expected life cycle of this equipment is three years. This past year, there have been failures of cameras, screens, and mobile computers. In addition, support has ended, and replacement parts for this equipment are being phased out or are no longer available, making it challenging to maintain functional equipment. As technology ages, the speed and reliability are compromised, and given the nature of emergency calls for service, it is not advisable to wait for a significant failure. The San Luis Obispo Police Department utilizes Mobile Data Computers to dispatch patrol officers to calls for service. The MDC provides call location, call details, and call history at that location and other pertinent information that Officers must have quickly so they can process the incident they are responding to, prior to arriving. Item 6 Packet Page 59 Having a complete record of the incident is necessary for officer and public. The speed, function, and reliability of this equipment is critical to the health and safety of our community. There are instances where minutes and seconds could be the difference between stopping an in-progress violent crime and catching the suspect or arriving after the fact. The project team extensively tested Dell, Getac, and Panasonic rugged tablets. At the conclusion of the live testing, the project team met to discuss the overall research, testing processes, and feedback to make an informed decision as to the solution that would best fit the needs of the City’s Police and Fire Departments. In addition to the MDC, officers wear Body Worn Cameras to improve transparency and reduce liability for the Department and the City. Our current body worn cameras have non-replaceable batteries that do not last for the duration of a patrol shift. This results in officers not having body worn camera video in the last 4 hours of their scheduled shift. This is not a best practice as there is a public expectation that officer body worn camera video is recorded on most contacts. The latest generations of body worn cameras now have removable batteries, allowing for a solution where each vehicle will have a spare battery fully charged at all times to ensure that officers are able to record video for the entirety of their shift, thus reducing liability and improving transparency with the community. The purchases below per Section 3.24.060(E) fall under the cooperative purchasing provisions of the Municipal Code as these purchases will be made cooperatively with one or more other units of government that can provide the same brand, model and configuration of items identified in the cooperative agreement at or below the standard purchasing cost. Computers in Police and Fire Vehicles The project team recommends that the contract for the purchase of the Panasonic Toughbook CF-33 rugged tablets be awarded to CDCE, Inc. an authorized reseller of Panasonic equipment. The rugged tablets met all the criteria (processing, screen size, screen brightness and dimmability, durability, price point, peripheral availability) of both departments as they are specifically designed to be mobile, provide flexibility and work in the harsh environments in which they are used. The unit can be docked in a patrol car, a fire apparatus, at an on-site workstation or used in a completely mobile format away from a standard fixed mount application. For Police, the tablets will be issued to field police personnel as a mobile computer with immediate access to work files and other databases/applications typically available on a standard desktop. The mobility will allow flexibility in note taking, inputting data, report writing and report production to include the taking of photographs, obtaining recorded statements and other useful applications. The Panasonic rugged computer models have proven to be extremely effective over the last six years for efficiency, including the past 10 months for remote work. The Panasonic tablets have a larger screen and a superior screen dimming features to ensure Police and Fire personnel safety during night shifts. Item 6 Packet Page 60 Connectivity to City Public Safety Systems in the Field The project team recommends that the Sierra Wireless Mobile Gateway Device be awarded to CDCE, Inc. an authorized reseller of Sierra Wireless equipment. Without a gateway, a number of devices would need to be accessed, maintained or would be needed in order for the MDCs to communicate wirelessly, establish connections, provide security, manage networks, provide remote access or create mobile hotspots. The Sierra Wireless gateway device provides a multi- layered approach that operates all these functions, and more, through one device. Police Officer and Police Vehicle Cameras The project team recommends that the in-car video and body worn camera contract be awarded to Watch Guard. Watch Guard is a stand-alone video capture system. The system operates independently and does not need an MDC to communicate, transfer data or rely upon any other devices to remain functional. The video can be captured in several levels of high definition (HD) in a 16:9 wide screen aspect ratio. These levels can be pre-configured based upon need to maximize storage space. The HD quality provides clean and crisp images which will be valuable in the capturing of evidence, conducting administrative reviews and enhance training opportunities. The images download wirelessly and are managed in a manner consistent with our current practices. The system supports an adjustable front camera, a cabin camera, a wireless microphone and the ability to incorporate body worn cameras. The system can record “after the fact” with the ability to go back in time to recover video that was not initially recorded. The new BodyWorn cameras have field replaceable batteries, ensuring the ability to record for an officer’s entire shift. Current BodyWorn cameras do not have this feature and may not last until the end of an Officer’s shift. For resiliency of the captured video, the selected solution provides cloud storage on Microsoft Azure Government Cloud providing the City with a more complete solution. Previous Council or Advisory Body Action Council Agenda Report October 7, 2014 – Award Mobile Data Computer, In-Car Video and Communication Gateway Contracts for Police and Fire CONCURRENCE Public Works – Fleet Maintenance, Police, Fire and Administration & Information Technology concur with this 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 Sec. 15378. Item 6 Packet Page 61 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 CIP $495,471 $43,505 $625,986 Total $495,471 $43,505 $625,986 *Annual required cloud storage cost is $43,505 and will be requested with the IT operating budget with the 2021-23 Financial Plan. The life expectancy is three years. Funding for the purchase is included in the 2019-21 Financial Plan CIP Public Safety MDC and In-Car Video Replacement Project. The project was split into two years by implementing a break/fix model with $80,000 in FY 2020 and the additional replacement funds of $500,000 in FY 2021. The break/fix model allowed us to temporarily fix aging equipment, however, this pushed us past the expected hardware usability and parts availability for repairs. The current project balance combining both years CIP’s is $522,398. This project has an initial equipment purchase cost totaling $495,471 and an ongoing annual cost of $43,505 for the required cloud storage to store the captured in-Car and body worn video. This storage cost is covered for the first year as part of the project. However, this required ongoing cost will need to be addressed and covered by approving this increase to the IT operating budget by $43,505 for the projects' life, currently estimated to be three years. The initial funding of the ongoing cost will be needed in the fiscal year 2021-22 and continue through the fiscal year 2024- 25. This project is critical for the safety of the public and public safety personnel that utilize this equipment twenty-four hours a day, seven days a week, three hundred and sixty-five days a year. Deferring this project is no longer recommended or sustainable. ALTERNATIVES Police and Fire personnel continue to use existing MDC and Video Equipment. This alternative is not recommended due to the age, maintenance and security requirements needed for our current systems. Current equipment is EOS (End of Support) and/or EOL (End of Life). Item 6 Packet Page 62 Attachments: a - CDCE Inc. Quote - Mobile Data Computers and Communication Gateway Equipment b - CDCE Inc. Quote - Communication Gateway Equipment c - WatchGuard Quote - In-Car Video and Body-Worn Camera System d - WatchGuard Quote - Video Migration and Technical Services e - COUNCIL READING FILE - University of California agreement with WatchGuard f - Drive Customs Quote - Labor to install Computer Docks and In-Motion Equipment Item 6 Packet Page 63 Sales Quote No.116145-D Customer No.CISLUISOBI Print Date 10/30/20 Print Time 02:03:45 PM SubTotal 184,943.00 Freight 168.00 7.750% Sales Tax 14,314.48 Order Total 199,425.48 CDCE Inc. 22641 Old Canal Road Yorba Linda, CA 92887 Telephone: 714-282-8881 Sales Quote Bill To City of San Luis Obispo 990 Palm Street it_ap@slocity.org San Luis Obispo, CA 93401 Ship To City of San Luis Obispo Attn: 990 Palm St San Luis Obispo, CA 93401 Contact: Telephone: 805.781.7529 Email: Contact: Eric Mortensen Telephone: 805.781.7529 Email: Quote Date Ship Via F.O.B.Customer PO Number 10/30/20 Drop Ship Destination Entered By Salesperson Order By Payment Method Casey Leff CLEFF Eric Mortensen Net 30 Line Item Order Qty Part # Description Unit Price Extended Price 1 60 33-LE-08VM Public Sector Specific - Elite 1, Win10 Pro, Intel Core i5-7300U 2.60GHz, vPro, 12.0" QHD Gloved Multi Touch+Digitizer, 16GB, 512GB SSD, Intel WiFi a/b/g/n/ac, TPM 2.0, Bluetooth, Dual Pass (Upper:WWAN/Lower:WWAN-GPS), 4G LTE Multi Carrier (EM7455), Infrared Webcam, 8MP Cam, Contactless SmartCard, 2D Bar Laser (N6603), Toughbook Preferred, 3 Year ProService Premier Deployment Service, TabletPC ProPlus Warranty, 512 SSD no return service, and Custom BIOS. 2,470.00 148,200.00 2 60 FEE-100001 Recycle Fee for Monitors 4"-15"4.00 240.00 3 34 PR-220110 TrimLine​ CF-33 Tablet (Lite port rep, No RF) No video outputs 725.00 24,650.00 4 34 PS-202013 Lind 120 Watt CF-33 DC Cig Adapter 112.00 3,808.00 5 12 PR-110046 Desktop Dock Cradle For CF-33 Tablet Desktop Dock Cradle for CF-33 Tablet Only. USB 3.0 (2), USB 2.0 (4), HDMI (2), Serial, LAN (2), Kensington Lock. NO AC Adapter Included.MFR# CF-VEB332M 325.00 3,900.00 6 1 NA-210048 Premium Keyboard for CF-33, Emissive Red Backlit (4 levels).Handle/kickstand - display can be opened to any angle.Compatible with Tablet, 33 Laptop Vehicle Dock, and 33 Desktop Dock.Ethernet, SDXC (full-size), HDMI, VGA, USB 2.0, USB 3.0 (2), Serial (USB) 515.00 515.00 7 6 VM-130011 Mongoose 9" locking slide arm w/Vesa Clevis 225.00 1,350.00 8 3 DS-910031 GJ 13.3" Capacitive Touch Screen (1) HDMI (1) VGA (1) USB type C (2A @ 5V) fast charging (1) USB type B (for Touch Control) (2) USB 3.0 (fast charging 1.5A) (1) Aux. out 3.5 mm (1) DC input (Barrel Jack) VESA 75mm and 100mm mounting holes, 1000 nits 760.00 2,280.00 ------ Estimated delivery 4-6 weeks ARO. Panasonic NASPO Valuepoint Contract Master Agreement: MNWNC-124. Page 1 of 2 Item 6 Packet Page 64 Print Date 10/30/20 Print Time 02:03:45 PM SubTotal 184,943.00 Freight 168.00 7.750% Sales Tax 14,314.48 Order Total 199,425.48 Sales Quote No.116145-D Customer No.CISLUISOBI California Participating Addendum 7-15-70-34-023 Panasonic Warranty Entitlements Eric Mortensen emortens@slocity.org 805.781.7529 By signing, you are confirming not only your request to purchase, but also your authority to purchase the goods and services on this quote on behalf of the organization you represent. Signed quotes are de facto purchase orders and fall under the same terms and conditions of sale. If you choose to pay by credit card, you approve an additional 3% processing fee on total order for Visa/MC/Discover and 5% for American Express. _______________________________________________________ Signature _______________________________________________________ Print Name _______________________________________________________ Date CDCE Inc. 22641 Old Canal Road Yorba Linda, CA 92887 Telephone: 714-282-8881 Sales Quote Bill To City of San Luis Obispo 990 Palm Street it_ap@slocity.org San Luis Obispo, CA 93401 Ship To City of San Luis Obispo Attn: 990 Palm St San Luis Obispo, CA 93401 Contact: Telephone: 805.781.7529 Email: Contact: Eric Mortensen Telephone: 805.781.7529 Email: Quote Date Ship Via F.O.B.Customer PO Number 10/30/20 Drop Ship Destination Entered By Salesperson Order By Payment Method Casey Leff CLEFF Eric Mortensen Net 30 Line Item Order Qty Part # Description Unit Price Extended Price Page 2 of 2 Item 6 Packet Page 65 Sales Quote No.116108-K Customer No.CISLUISOBI Print Date 11/17/20 Print Time 03:41:24 PM SubTotal 60,440.00 Freight 195.00 7.750% Sales Tax 4,241.27 Order Total 64,876.27 CDCE Inc. 22641 Old Canal Road Yorba Linda, CA 92887 Telephone: 714-282-8881 Sales Quote Bill To City of San Luis Obispo 990 Palm Street it_ap@slocity.org San Luis Obispo, CA 93401 Ship To City of San Luis Obispo Attn: 990 Palm St San Luis Obispo, CA 93401 Contact: Telephone: 805-781-7017 Email: Contact: Eric Mortensen Telephone: 805-781-7017 Email: Quote Date Ship Via F.O.B.Customer PO Number 11/17/20 UPS Ground Destination Entered By Salesperson Order By Payment Method Casey Leff CLEFF Eric Mortensen Net 30 Line Item Order Qty Part # Description Unit Price Extended Price 1 34 DM-200015 SW AirLink MG90 - Single LTE-A Pro - NA 1,329.00 45,186.00 2 12 DM-200010 Airlink MP70 802.11ac Cellular Modem/Wireless Router 4G - LTE, HSPA+, EVDO - 2.40 GHz ISM Band - 5 GHz UNII Band - 1331.20 Mbit/s Wireless Speed - 4 x Network Port - USB - Gigabit Ethernet - VPN Supported - Vehicle Mount LTE-ADVANCED PRO / HSPA+ WIFI 795.00 9,540.00 3 1 LAB-320041 Sierra Wireless AirLink Device Deployment (Remote) MFG# 9010275 3,000.00 3,000.00 4 46 LAB-310005 CDCE Sierra Pre-deployment kitting Install SIM cards, Label each device for vehicle-specific, Test/verify connectivity. 59.00 2,714.00 ------ Ship routers to CDCE for kitting. Estimated delivery 4-6 weeks ARO. By signing, you are confirming not only your request to purchase, but also your authority to purchase the goods and services on this quote on behalf of the organization you represent. Signed quotes are de facto purchase orders and fall under the same terms and conditions of sale. If you choose to pay by credit card, you approve an additional 3% processing fee on total order for Visa/MC/Discover and 5% for American Express. _______________________________________________________ Signature _______________________________________________________ Page 1 of 2 Item 6 Packet Page 66 Print Date 11/17/20 Print Time 03:41:24 PM SubTotal 60,440.00 Freight 195.00 7.750% Sales Tax 4,241.27 Order Total 64,876.27 Sales Quote No.116108-K Customer No.CISLUISOBI Print Name _______________________________________________________ Date CDCE Inc. 22641 Old Canal Road Yorba Linda, CA 92887 Telephone: 714-282-8881 Sales Quote Bill To City of San Luis Obispo 990 Palm Street it_ap@slocity.org San Luis Obispo, CA 93401 Ship To City of San Luis Obispo Attn: 990 Palm St San Luis Obispo, CA 93401 Contact: Telephone: 805-781-7017 Email: Contact: Eric Mortensen Telephone: 805-781-7017 Email: Quote Date Ship Via F.O.B.Customer PO Number 11/17/20 UPS Ground Destination Entered By Salesperson Order By Payment Method Casey Leff CLEFF Eric Mortensen Net 30 Line Item Order Qty Part # Description Unit Price Extended Price Page 2 of 2 Item 6 Packet Page 67 4RE/ V300 Price Quote 415 E. Exchange Parkway • Allen, TX • 75002 Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778 www.WatchGuardVideo.com Page 1 of 2 CUSTOMER:San Luis Obispo Police Department ISSUED: 12/10/2020 3:25 PM EXPIRATION: 1/31/2021 6:00 AM TOTAL PROJECT ESTIMATED AT:$216,748.90 ATTENTION:Eric Mortensen SALES CONTACT: Leah Kipp PHONE:805-781-7317 E-MAIL: DIRECT: (214) 785-2615 E-MAIL: leah.kipp@motorolasolutions.com In Car Video and Body Cameras Proposal V300 Cameras and Options Part Number Detail Qty Direct Discount Total Price VIS-300-BWC-001 V300, Body Worn Camera, 1080P, WiFi/Bluetooth with Removable Battery 57.00 $995.00 $0.00 $56,715.00 VIS-300-VTS-KIT Transfer Station II Kit, Incl. Power & AC Cables, Label and Docs 7.00 $1,495.00 $0.00 $10,465.00 VIS-300-CHG-001 V300, USB Dock, D300, Desktop Charge/Upload Kit Incl. Power and USB Cables 5.00 $95.00 $0.00 $475.00 VIS-300-VEH-002 V300, WiFi Dock, D330, In-Vehicle Charge/Upload Kit, Incl, Cables and Brackets 22.00 $295.00 $0.00 $6,490.00 VIS-300-BAT-RMV V300, Battery, Removable and Rechargable, 3.8V, 4180mAh 57.00 $99.00 $0.00 $5,643.00 WAR-300-CAM-NOF Warranty, V300 3 Year, No-Fault 57.00 $450.00 $0.00 $25,650.00 Shipping and Handling Part Number Detail Qty Direct Discount Total Price Freight Shipping/Handling and Processing Charges 1.00 $995.00 $0.00 $995.00 $106,433.00 In Car Video System and Options PoE Switch Part Number Detail Qty Direct Discount Total Price HDW-ETH-SWT-005 VISTA HD, 4RE, Smart PoE Switch 22.00 $250.00 $0.00 $5,500.00 4RE In-Car System and Options Part Number Detail Qty Direct Discount Total Price WGA00480 4RE, HD DVR, Gen. 2, Series only 22.00 $2,500.00 $0.00 $55,000.00 Purchasing Agreement #2018-000203 Item 6 Packet Page 68 4RE/ V300 Price Quote 415 E. Exchange Parkway • Allen, TX • 75002 Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778 www.WatchGuardVideo.com Page 2 of 2 WAR-4RE-CAR-1ST Warranty, 4RE, In-Car, 1st Year (Months 1-12) 22.00 $0.00 $0.00 $0.00 WAR-4RE-CAR-2ND Warranty, 4RE, In-Car, 2nd Year (Months 13- 24) 22.00 $100.00 $0.00 $2,200.00 WAR-4RE-CAR-3RD Warranty, 4RE, In-Car, 3rd Year (Months 25-36) 22.00 $200.00 $0.00 $4,400.00 Additional Software and Licensing Part Number Detail Qty Direct Discount Total Price ELC-CLD-ASG-001 EvidenceLibrary.com Unlimited Annual Device License- Assigned 57.00 $495.00 $0.00 $28,215.00 ELC-CLD-PLD-001 EvidenceLibrary.com Unlimited Annual Device License- Pooled 22.00 $695.00 $0.00 $15,290.00 Server Hardware and Software Part Number Detail Qty Direct Discount Total Price HDW-UPL-SRV-501 Upload Device, 1U, EvidenceLibrary.com, 60 Concurrent Devices, 5 Year Warranty 1.00 $4,500.00 $0.00 $4,500.00 WatchGuard Video Technical Services Part Number Detail Qty Direct Discount Total Price Freight Shipping/Handling and Processing Charges 1.00 $200.00 $0.00 $200.00 $115,305.00 Total Estimated Tax, may vary from State to State $17,184.70 Configuration Discounts $0.00 Additional Quote Discount $22,173.80 Total Amount $216,748.90 NOTE: This is only an estimate for 4RE & VISTA related hardware, software and WG Technical Services. Actual costs related to a turn-key operation requires more detailed discussion and analysis, which will define actual back-office costs and any costs associated with configuration, support and installation. Please contact your sales representative for more details. Title and risk of loss for the Equipment will pass to Customer upon shipment by Motorola, notwithstanding any other terms and conditions. To accept this quotation, sign, date and return with Purchase Order: _______________________________ DATE: _______________ 4RE Hardware Warranties Part Number Detail Qty Direct Discount Total Price Item 6 Packet Page 69 4RE/VISTA Price Quote 415 E. Exchange Parkway • Allen, TX • 75002 Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778 www.WatchGuardVideo.com Page 1 of 2 CUSTOMER:San Luis Obispo Police Department ISSUED: 8/11/2020 11:21 AM EXPIRATION: 9/30/2020 5:00 AM , ,, ,,, TOTAL PROJECT ESTIMATED AT: $12,000.00 ATTENTION:Eric Mortensen SALES CONTACT: Leah Kipp PHONE:805-781-7317 DIRECT: (214) 785-2615 E-MAIL: E-MAIL: leah.kipp@motorolasolutions.com 4RE and VISTA Proposal WatchGuard Video Technical Services Part Number Detail Qty Direct Discount Total Price DTA-MIG-SRV-028 Data Migration (28TB) 1.00 $12,000.00 $0.00 $12,000.00 Shipping and Handling Part Number Detail Qty Direct Discount Total Price Freight Shipping/Handling and Processing Charges 1.00 $0.00 $0.00 $0.00 $12,000.00 Total Estimated Tax, may vary from State to State $0.00 Configuration Discounts $0.00 Additional Quote Discount $0.00 Total Amount $12,000.00 NOTE: This is only an estimate for 4RE & VISTA related hardware, software and WG Technical Services. Actual costs related to a turn-key operation requires more detailed discussion and analysis, which will define actual back-office costs and any costs associated with configuration, support and installation. Please contact your sales representative for more details. To accept this quotation, sign, date and return with Purchase Order: _______________________________ DATE: _______________ Item 6 Packet Page 70 4RE/VISTA Price Quote 415 E. Exchange Parkway • Allen, TX • 75002 Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778 www.WatchGuardVideo.com Page 2 of 2 Item 6 Packet Page 71 Estimate Date 12/14/2020 Estimate # 4617 Name / Address City of San Luis Obispo 25 Prado Rd. San Luis Obispo, CA 93401 Sales Rep Jesse Make/Model/Unit # Equipment swap Total Subtotal Sales Tax (7.75%) 3536 S. HIGUERA, SUITE 230 SAN LUIS OBISPO, CA 93401 (805) 541-4455 sales@drivecustoms.com ESTIMATES VALID FOR 60 DAYS. ALL ITEMS ARE NEW UNLESS OTHERWISE STATED. TERMS AND CONDITIONS: Vehicle must have 500 or more miles at the time of upfit or sales tax will be added to labor total. Lifetime warranty on all installation. Drive Customs will honor manufacturer's warranty on all products purchased from and installed by Drive Customs. No product warranty will be honored for department-supplied equipment. Drive Customs will not be held responsible for any damages that may occur as a result of defective department-supplied product. Drive Customs is EVT Certified through 2024. Business Hours CA Resale #100-848884 B.E.A.R. #89765 Monday - Friday: 9:00AM - 6:00PM Saturday: By Appointment Sunday: Closed Description Qty TotalItemAmount Labor to swap over Computer docks and Inmotion equipment (in 22 units) 22 2,420.00Labor110.00 $2,420.00 $2,420.00 $0.00 Item 6 Packet Page 72 Department Name: Public Works Cost Center: 5006 For Agenda of: January 12, 2021 Placement: Public Hearing Estimated Time: 45 Minutes FROM: Matt Horn, Director of Public Works Prepared By: Brian Nelson, Supervising Civil Engineer SUBJECT: HIGUERA STREET SIDEWALK REPAIR, SPECIFICATION NO. 91320 RECOMMENDATION 1. Receive a report on the cost to implement Higuera Street Sidewalk Repairs; and 2. Receive any objections or protests of cost by property owner of 858-860 Higuera Street; and 3. Authorize staff to recover the costs for Higuera Street Sidewalk Repairs in the amount of $66,080 for project related costs; and 4. Adopt a resolution (Attachment A) imposing an Administrative lien on the 858-860 Higuera Street property if the property owner fails to pay the cost recovery. DISCUSSION Background In the 2007-09 Financial Plan, the City Council approved a Major City Goal for Downtown Maintenance and Beautification. Past work has included street resurfacing, pedestrian light installation, new Mission-Style sidewalk, tree and tree grate maintenance, new trash cans, street and traffic light pole painting, and other similar improvements. This has been an ongoing effort to maintain and enhance the Downtown. When the initial Downtown Renewal project was implemented in 2012, a small section of the sidewalk located in front of 858 & 860 Higuera Street (Attachment B) was not included in the work as it was discovered there was a basement space below the sidewalk. The sidewalk, which was acting as the ceiling for the basement below it, required specialized engineering and this work became its own separate project. State and City Sidewalk Maintenance and Replacement The City of San Luis Obispo’s Municipal Code Section 12.16.020, which incorporates the procedure set forth in the Streets and Highway Code Division 7, Part 3, Chapter 22, indicates the property owner is responsible for the maintenance and repair of sidewalk adjacent to their property. The City has a long history of assisting property owners with this work in Downtown, the Railroad District, and throughout the City to mitigate trip and fall issues and implement improvements for pedestrian mobility, such as curb ramps. Item 7 Packet Page 73 The City can compel property owners to repair or maintain the sidewalk adjacent to their property if it is in such a condition to endanger persons or property or interfere with the public convenience in the use of such sidewalk. This process is conveyed in the Streets and Highway Code (Attachment C), which requires the City to issue the property owner a Notice of Correction. As indicated in the Code, following the Notice of Correction, the property owner has two weeks to start the work. At the end of the time period, if the property owner has not started this work, the City may complete the work and seek reimbursement for its costs. If the property owner fails to pay the cost for repair, the Council may authorize a lien on the property for the same amount to eventually obtain reimbursement for the costs. A lien is a form of security interest over the property to secure the payment of the debt. A lien does not require immediate foreclosure, and thus, allows the property owner time to pay off its debt to the City. This final action of seeking cost reimbursement is the subject action of this report. 858 & 860 Higuera Sidewalk Replacement Project and Property Owner Notice of Correction In March 2019, a small chunk of the sidewalk located at 858 & 860 Higuera broke off and fell into the basement. This event indicated that the sidewalk was deteriorating, and replacement was urgently needed. The City had design documents ready for this work, but due to recent building code revisions, the design needed to be updated. The design documents were updated, and staff reinitiated coordination of this project with the property owner, tenants, adjacent businesses in Downtown SLO. Because of the basement under the sidewalk, the cooperation of the property owner and tenants of 858 & 860 Higuera Street was essential to the completion of the project. On November 19, 2019, the City Council considered this project and approved staff’s recommendation to formally issue a Notice of Correction to the property owner of 858 & 860 Higuera Street indicating that the replacement of the sidewalk was the property owners’ responsibility, and they must start this work within two weeks of this notification. If the property owner did not take action, concurrently, the City would advertise for bids for this work, fully fund the construction cost of this project, and consider seeking future reimbursement. This action allowed the deteriorating sidewalk to be replaced as quickly as possible, created a condition where cooperation with the City to replace this sidewalk was in the property owners best interest, and secured the City’s ability to seek cost reimbursement from the property owner after the project was complete. (Attachment D). In compliance with the Streets and Highway Code, staff issued a Notice of Correction to the property owner on January 2, 2020 and a second Notice of Correction on January 9, 2020. The City’s design documents were also provided to the property owner so that the property owner could solicit bids of their own. The Streets and Highway Code mandates that the private property owner start construction within two weeks of the issued Notice of Correction. Therefore, the property owner was required to start construction on or before January 16, 2020 (Attachment F). Concurrent with issuing the Notices of Correction, the City was advertising the project for construction bids. Since no response was received from the property owner and no construction work had begun by January 16, 2020, the City awarded a contract to Brough Construction (the “Contractor”) to complete the sidewalk replacement work. Item 7 Packet Page 74 Brough Construction started the sidewalk project on March 9, 2020 and completed the work on April 28, 2020. Included in the design documents were several restrictions placed upon the contractor that were intended to reduce the project impacts on businesses in the Downtown. However, due to COVID-19, a Shelter at Home Order was issued by the County of San Luis Obispo and many businesses in the Downtown had been closed. The Contractor was able to complete the work three weeks ahead of schedule since daytime work was allowed and access to adjacent businesses was not needed. During construction, the owners of the impacted businesses around the sidewalk area of repair fully cooperated with the City and the Contractor to expedite this project. The owner of the only store that had access to the basement initially refused to let the Contractor or the City go through his store to get to the basement area for construction purposes; however, access to the basement area was granted during the bidding period to the City and contractors for viewing purposes only. After the mandated closure of his business due to COVID-19, access through the store for the Contractor and City Inspector was granted. By that time, the City and the Contractor had developed an alternate plan to access the basement completely through the public right of way. Below is a summarized timeline of the above discussion. Summary Timeline Date Event July 2007 07/09 Financial Plan Adopted - Council Approves MCG for Downtown Beautification Summer 2012 Initial Downtown Renewal Project – Sidewalk at 858 & 860 Higuera not included due to basement and structural sidewalk complexities. Engineering design work begins. Construction deferred until funding appropriated by a future financial plan. March 2019 Small chunk of sidewalk breaks off and falls into basement of 858 Higuera. Staff utilize available funding to begin finalizing of the project design to current codes and standards. June 4, 2019 19/21 Financial Plan Adopted – Council appropriates $190,000 to support project construction. June 12, 2019 Property owner grants a Right of Entry for access to the basement. Access is used for finalizing engineering plans and specifications for the structure supports of the sidewalk, as well as updating cost estimates. (Included with Attachment G) August 1, 2019 Staff receive updated construction cost estimates showing insufficient funding exists to support the project. September 30, 2019 Staff communicate cost increases to the property owner stating that the project is underfunded, and request property owner participation in cost sharing of the work. Additionally, staff request greater access to the basement to potentially reduce construction costs (Attachment E). Since the initial Right of Entry signed on June 12th, 2019, access had been further limited due to concerns of business owners at the property. No response to the September 30, 2019 letter was received. November 19, 2019 Council authorizes staff to advertise for construction of the Higuera Sidewalk Repair project, and direct staff to send the property owner a Notice of Correction. (Attachment D) January 2, 2020 First Notice of Correction letter sent (Attachment F) January 9, 2020 Second Notice of Correction letter sent (Attachment F) January 16, 2020 Construction contract awarded to Brough Construction March 9, 2020 Construction work begins March 15, 2020 Regional shelter at home orders issued due to Covid-19 Pandemic. With resulting business closures, this allowed work to be accomplished during the day, reducing construction duration. April 28, 2020 Construction completed ahead of schedule Item 7 Packet Page 75 The cost and funding for this work is shown in the table below. Design Costs:$6,850 Construction Cost:$255,480 Construction Contingencies Spent:$9,378 Engineering Costs:$2,468 Special Inspection:$1,385 Total Estimated Project Cost:$275,561 Proposed FY19-20 Funding Allocation: Project Budget:$350,000 Project Costs:$275,561 Budget Remaining:$74,440 Higuera Street Sidewalk Repair, Specification No. 91320 Cost of Construction and Staff Recommendation Staff evaluated the total construction cost of the work and categorized those cost into two categories. Those categories are cost associated with work due to the basement under the sidewalk and the cost associated with sidewalk construction shown below. Design Costs:$6,850 Sidewalk Costs:$66,080 Basement Costs:$202,631 Total Project Cost:$275,561 Higuera Street Sidewalk Repair, Specification No. 91320 Typically, a sidewalk replacement project requires design for the sidewalk, curb, and gutter, which would be done by staff. Due to a basement space being underneath the sidewalk at this location, it required the services of a structural engineering consultant to provide design documents. The majority of the design work, and ultimately the construction cost, was for the structural support at the basement level for the sidewalk above. This work was comprised of careful demolition and removal of the existing sidewalk, installation of new footings for a new structural beam and decking that supports the sidewalk, and temporary relocation and re -installation of utility lines and valves. The sidewalk costs are those direct costs for installation of sidewalk adjacent to 858 & 860 Higuera Street. Item 7 Packet Page 76 After evaluation of the cost, staff reviewed the following five reimbursement options as follows: Option Description 1 Convey all project cost to the private property owner. This option would require the private property owner to provide the City compensation in the amount of $275,561. This option requires the private property owner to fund the full cost of the project. Total Cost to City: $0 or 0% of total project cost Total Cost to Private Property Owner: $275,561 or 100% of total project cost 2 Convey all project cost to the private property owner and issue the private property owner a credit in the amount of $66,080. This option would require the private property owner to provide the City compensation in the amount of $209,481 to fund the full cost of the basement work and design cost associated with the basement work. Total Cost to City: $66,080 or 24% of total project cost Total Cost to Private Property Owner: $209,481 or 76% of total project cost 3 Convey all project cost to the private property owner and issue the private property owner a credit in the amount of $209,481. This option would require the private property owner to provide the City compensation in the amount of $66,080 to fund the full cost of the sidewalk work only. Total Cost to City: $209,481 or 76% of total project cost Total Cost to Private Property Owner: $66,080 or 24% of total project cost 4 Convey all project cost to the private property owner and issue the private property owner a credit of some amount determined by Council. This option would allow Council to size the credit to ensure the private property owner receives the same level of service as other downtown businesses where the City has replaced sidewalks. Total Cost to City: To Be Determined by Council Total Cost to Private Property Owner: To Be Determined by Council 5 Do not convey any of the project cost to the private property owner. This option would not require the private property owner to provide any compensation to the City. Total Cost to City: $275,561 or 100% of total project cost Total Cost to Private Property Owner: $0 or 0% of total project cost Staff is recommending to Council option three, crediting the private property owner $209,481, for a total reimbursement amount of $66,080 to the City. This recommendation would offset about 24% of the overall project cost to the City, or $66,080, and provides a high level of service to this property. Item 7 Packet Page 77 This option only requires the property owner to reimburse the City for the sidewalk work, the cost of which is consistent with what would be expected to repair a similar sidewalk segment in the downtown. This recommendation remains consistent with the Municipal Code requirements for property owners to repair and maintain sidewalks adjacent to their property. Previous Council or Advisory Body Action On November 19, 2019, the City Council approved staff to advertise the project for construction bids and authorized the City Manager to award a construction contract to the lowest responsible bidder. Policy Context Section 12.16.020 of the Municipal Code references the State of California’s Streets and Highway Code that indicates the adjacent property owner of public sidewalks are required to maintain these sidewalks (Attachment C). At the November 19, 2019 City Council meeting, the Council directed staff to issue a Notice to Correct to the property owner, requiring the owner to start the sidewalk replacement work and pursue diligently until complete. The issuance of a Notice to Correct requires that, if the owner failed to start this work within two weeks, the City could then complete the necessary work. Further, upon completion of this work, the final cost of the work would be presented to City Council in a Public Hearing in which City Council would make the final determination on whether to lien the property to eventually obtain reimbursement for this cost (Attachment D). The City has a past practice, in many instances, particularly those areas of the downtown where the sidewalk is used intensively by the public, to maintain and repair it in the interest of public safety. Public Engagement The Property Owner of 858-860 Higuera Street was provided staff’s recommendation for review and comment on October 20, 2020 and again on December 14, 2020. On December 16, 2020, the property owner responded to this draft report to provide an additional attachment and clarification, which have now been included in this report. Additional prior written correspondence received from the Property Owner is from June 2, 2020, regarding concerns about payment for the sidewalk replacement (Attachment G). This letter does not regard the recommendation or content of this staff report. CONCURRENCE The recommended actions are supported by the Administration Department. 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. Item 7 Packet Page 78 FISCAL IMPACT Budgeted: Yes Budget Year: 2019-20 Funding Identified: Yes Funding Sources Total Budget Available Total Budget Spent Remaining Balance Annual Ongoing Cost General Fund: $350,000 $275,561 $74,440 $0 Cost Recovery: $66,080 Total $350,000 $275,561 $140,520 $0 The total available project budget was $350,000, which includes the original 19/20 Financial Plan appropriation of $190,000, as well as $160,000 in additional funding approved by Council to support the project due to cost increases (Attachment D – Fiscal Impact Section). The recommended cost recovery will provide $66,080 of funding that would increase the remaining balance of the project account from $74,440 to $140,520. This funding could be used to supplement an underfunded project or for a new CIP project. ALTERNATIVES 1. Options One through Five. The Council could choose not to collect any payment or require payment of variable amounts up to the entire project cost. Attachments: a - Draft Resolution b - Vicinity Map c - Streets and Highway Code Sections 5610-5618 d - COUNCIL READING FILE - Council Report and Minutes dated 11/19/2019 e - Notice Letter to Property Owner dated 09/30/2019 f - Notice of Correction Letters to Property Owner g - Building Owner Letter Item 7 Packet Page 79 R ______ RESOLUTION NO. _____ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING STAFF TO RECOVER THE COSTS FOR HIGUERA STREET SIDEWALK REPAIR IN THE AMOUNT OF $66,080 FOR INSTALLATION OF MISSION-STYLE SIDEWALK FROM THE PROPERTY OWNER OF 858 & 860 HIGUERA STREET, AND IN THE EVENT OF NON-PAYMENT FROM THE PROPERTY OWNER, IMPOSING AN ADMINISTRATIVE LIEN ON THE 858 & 860 HIGUERA STREET PROPERTY WHEREAS, Municipal Code Section 12.16.020, which incorporates the procedures set forth in the Streets and Highway Code Division 7, Part 3, Chapter 22, indicates that a property is responsible for the maintenance and replacement of sidewalk adjacent to their property; and WHEREAS, pursuant to Streets and Highway Code Division 7, Part 3, Chapter 22, and thus, Municipal Code Section 12.16.020, the City can compel property owners to repair or maintain sidewalk adjacent to their property if it is in such a condition to endanger persons or property or interfere with the public convenience in the use of such sidewalk; and WHEREAS, in March 2019, a small piece of sidewalk located at 858 & 860 Higuera broke off and fell into the basement below, revealing that the sidewalk was deteriorating, and replacement was urgently needed; WHEREAS, on November 19, 2019, the City Council authorized staff to advertise for bids for repair of the sidewalk at 858 & 860 Higuera Street (the “Higuera Street Sidewalk Repair Project,” Specification No. 91320), , and to formally issue a Notice of Correction to the property owner of 858 & 860 Higuera Street (the “Property Owner”) pursuant to California Streets and Highways Code Sections 5611–5614; and WHEREAS, on January 2, and January 9, 2020, the City issued Notice of Correction letters to the Property Owner, requiring the Property Owner to start construction on or before January 16, 2020 per California Streets and Highways Code Section 5614; and WHEREAS, on March 9, 2020, having received no response from the Property Owner to the Notice of Correction letters, the City authorized the awarded contractor to begin construction of the Higuera Street Sidewalk Repair project and the work was completed on April 28, 2020; and WHEREAS, staff evaluated the total construction cost of the Higuera Street Sidewalk Repair project and categorized the cost into two categories, cost associated with work to the basement under the sidewalk, totaling $202,631, and the cost associated with sidewalk construction, totaling $66,080; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing via webinar on January 12, 2021; and Item 7 Packet Page 80 Resolution No. _____ (2021 Series) Page 2 R ______ WHEREAS, the City Council has considered all evidence, including the testimony of the property owner, interested parties, and the reports, evaluations, and recommendations by staff, presented to the City Council; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Findings. The City Council of San Luis Obispo finds: The above statements are true and that staff complied with the procedures required by Municipal Code Chapter 12.16.020 and Streets and Highway Code Division 7, Part 3, Chapter 22 for the Higuera Street Sidewalk Repair Project. Item 7 Packet Page 81 Resolution No. _____ (2021 Series) Page 3 R ______ SECTION 2. Action. Staff is hereby authorized to recover the costs for Higuera Street Sidewalk Repair Project from the Property Owner in the amount of $66,080 for installation of Mission-Style sidewalk. If payment is not received from the Property Owner by March 31, 2021, this resolution shall impose an administrative lien in the amount of $66,080 on the 858 & 860 Higuera Street property. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on _____________________________. ____________________________________ Teresa Purrington City Clerk Item 7 Packet Page 82 Item 7Packet Page 83 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org Attachment 1 – Streets and Highway Code – Division 7, Part 3, Chapter 22, Article 2 STREETS AND HIGHWAYS CODE - SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, Item 7 Packet Page 84 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org Attachment 1 – Streets and Highway Code – Division 7, Part 3, Chapter 22, Article 2 payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Item 7 Packet Page 85 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org   September 30, 2019 Lana Johns 2333 Sunrise Drive Bishop, CA 93514 Subject: Sidewalk Repair – 858-860 Higuera Street Ms. Johns, This letter is in regard to the sidewalk in front of your property in San Luis Obispo, 858-860 Higuera Street. In our last conversation, on August 28, 2019, I updated you that the City had completed a construction cost estimate which clearly indicated that the project was underfunded and could not continue under staff’s authority and that we had concerns about the lack of owner financial participation in the project. Due to the increased cost of the sidewalk repair project, we must go back to the City Council to request additional funding and obtain approval to advertise the project. At this time, the City is concerned about the high cost of the repair work which directly benefits your property. Further, the City of San Luis Obispo’s Municipal Code identifies the curb, gutter and sidewalk in front of your property as being the maintenance responsibility of the property owner. 12.16.020 Property owner’s responsibility – City Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of the Streets and Highways Code of the state. (Prior code § 7330.1) Related, appropriate sections of the Streets and Highway Code which support the cost of repair relationship to the property owner are included as an attachment to this letter. While this is not a notice for correction, the City offers you the opportunity to participate in a cost sharing of this construction work. This project not only provides safer access and benefits to the businesses on your property but it also benefits the community. I am available to discuss with you some proportional cost sharing for this project. Related to our discussion, in an effort to potentially decrease costs, the City requests that there be greater access to the basement of your property during construction (a construction access agreement). As the only access to the basement area is through LuLu Luxe, it will be very difficult, if not impossible, for the Contractor to access this way only once, until an access Item 7 Packet Page 86 opening is created through the sidewalk. All safeguards will be implemented to protect Lulu Luxe and the store contents during any access by the Contractor and its personnel. These measures will be specified in the construction documents for the Contractor to adhere to, and the Contractor will be obligated to pay for any and all damages that are incurred during access. In order to complete this project quickly, staff would like to present this project with a cost sharing arrangement between us to the City Council on November 19, 2019. The City requests that you provide a response as soon as possible so that we may keep the project moving forward. If you have any questions, please contact Matt Horn at 805-781-7191. Sincerely, Mike McGuire Senior Engineer Matt Horn City Engineer Item 7 Packet Page 87 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org December 7, 2019 Lana Johns 2333 Sunrise Drive Bishop, CA 93514 Subject: Notice to Repair Sidewalk – 858-860 Higuera Street Ms. Johns, On November 19, 2019, the Higuera Street Sidewalk Repair came before the City Council.1 After discussion on this item, the City Council directed City staff to issue a Notice of Correction to the property owner to complete the necessary sidewalk replacement work for the property located at 858-860 Higuera Street.2 The necessary sidewalk replacement work is shown and described in the plans and specifications3. Pursuant to City Council’s direction, this letter provides you with notice that a Notice of Correction will be mailed to you on January 2, 2020. And a second Notice of Correction will be sent to you on January 9, 2020. The Notice of Correction will request that you start the sidewalk repair work no later than January 16, 2020. If you have any questions, please contact Matt Horn at 805-781-7191. Sincerely, Matt Horn City Engineer 1 Attached hereto as attachment 1 is a copy of the Council Agenda Report for the Higuera Street Sidewalk Repair, Specification No. 91320 for your reference. 2 Attached hereto as attachment 2 is a copy of the Action Update for the November 19, 2019, Regular Meeting of the City Council for your reference. 3 Attached hereto as attachment 3 is a copy of the Plans and Specifications the City has developed for this work. Item 7 Packet Page 88 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org January 2, 2020 Lana Johns 2333 Sunrise Drive Bishop, CA 93514 Email: lanasusanj@yahoo.com Subject: Notice to Correct – 858-860 Higuera Street The sidewalk adjacent to your property located at 858-860 Higuera Street in the City of San Luis Obispo must be repaired. This sidewalk is considered a dangerous condition and must be mitigated. The City’s Streets Maintenance Program has made temporary repairs. This City is requiring you to complete the permanent repairs. The City of San Luis Obispo’s Municipal Code identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner. 12.16.020 Property owner’s responsibility – City Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of the Streets and Highways Code of the state. (Prior code § 7330.1) Item 7 Packet Page 89 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. The City is requiring that you stabilize the structure under the existing sidewalk and replace the sidewalk and curb in front of your property. Once you have selected your contractor that will complete this work, you must obtain an encroachment permit from the City for this work which may be obtained from the Public Works front counter located at 919 Palm Street. You must start this correction work within two weeks of the date of this Notice to Correct and diligently, without interruption prosecute to completion, or the City will make the repairs and the cost of this work shall be a lien on the property. Sincerely, Jeff Kline Streets Maintenance Supervisor Attachments: 1. Attachment 1 – Streets and Highway Code – Division 7, Part 3, Chapter 22, Article 2 Item 7 Packet Page 90 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org Attachment 1 – Streets and Highway Code – Division 7, Part 3, Chapter 22, Article 2 STREETS AND HIGHWAYS CODE - SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, Item 7 Packet Page 91 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org Attachment 1 – Streets and Highway Code – Division 7, Part 3, Chapter 22, Article 2 payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Item 7 Packet Page 92 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org January 9, 2020 Lana Johns 2333 Sunrise Drive Bishop, CA 93514 Email: lanasusanj@yahoo.com Subject: Second Notice to Correct – 858-860 Higuera Street The sidewalk adjacent to your property located at 858-860 Higuera Street in the City of San Luis Obispo must be repaired. This sidewalk is considered a dangerous condition and must be mitigated. The City’s Streets Maintenance Program has made temporary repairs. This City is requiring you to complete the permanent repairs. The City of San Luis Obispo’s Municipal Code identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner. 12.16.020 Property owner’s responsibility – City Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of the Streets and Highways Code of the state. (Prior code § 7330.1) Item 7 Packet Page 93 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. The City is requiring that you stabilize the structure under the existing sidewalk and replace the sidewalk and curb in front of your property. Once you have selected your contractor that will complete this work, you must obtain an encroachment permit from the City for this work which may be obtained from the Public Works front counter located at 919 Palm Street. You must start this correction work within two weeks of the date of this Notice to Correct and diligently, without interruption prosecute to completion, or the City will make the repairs and the cost of this work shall be a lien on the property. Sincerely, Jeff Kline Streets Maintenance Supervisor Attachments: 1. Attachment 1 – Streets and Highway Code – Division 7, Part 3, Chapter 22, Article 2 Item 7 Packet Page 94 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org Attachment 1 – Streets and Highway Code – Division 7, Part 3, Chapter 22, Article 2 STREETS AND HIGHWAYS CODE - SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, Item 7 Packet Page 95 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org Attachment 1 – Streets and Highway Code – Division 7, Part 3, Chapter 22, Article 2 payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Item 7 Packet Page 96 Christian, Kevin From:Lana Johns <lanasusanj@yahoo.com> Sent:Tuesday, June 2, 2020 11:18 AM To:E-mail Council Website Cc:Harmon, Heidi; Gomez, Aaron; Christianson, Carlyn; Pease, Andy; Stewart, Erica A Subject:858-860 Higuera Street Project Funding Attachments:SLO Council Letter.pdf Follow Up Flag:Follow up Flag Status:Flagged Mayor Heidi Harmon andCouncil Members, My name isLana Johns, Iam amember ofthe Madson family that owns the building at858-860 Higuera Street. The sidewalk project has been completed, and funding forthis project willbeaddressed atafuture citycouncil meeting. This letter addresses our concerns, please present itatthe City Council Meeting addressing the 858-860 Sidewalk Project. Sincerely, Lana Johns 1 Item 7 Packet Page 97 Madson Properties, LLC May , Higuera Street Sidewalk Project Mayor: Heidi Harmon and Council Members, My name is Lana Johns. My family has owned the building at - Higuera Street built in ) for years. When my father died in , my brother, sister and I formed Madson Properties, LLC. Our family has invested a signi cant amount of money retro tting, and remodeling this building. The building currently has one vacancy. April and May rent has been waved for our two tenants due to Covid- Virus. July , the City of SLO sent a notice to implement Downtown “Mission-style” Sidewalk Project (the Project) along three blocks of Higuera—Morro-Broad. We noti ed City there was a basement under sidewalk at - Higuera. The City was aware of “basements scattered around downtown”, but unaware of this “unique” basement. The Project was completed in , except sidewalk at - Higuera. The Project continued in , and again the City excluded - sidewalk. During these phases of the Project, adjacent property owners were not responsible for cost of sidewalk. In the sidewalk in front of - began to deteriorate, exposing basement below. Public Works sent the LLC a Right of Entry agreement….” removal and replacement of -foot segment of City owned sidewalk. This work includes basement-level structural foundation and steel support…… Work will be done at no cost to the owner”. (signed Matt Horn //.) The estimate for project exceeded amount city had approved for the project. November , , the City approved proceeding with repair, and sending LLC Notice To Correct/Municipal Code ..”. The notice stated LLC was required to start permanent repairs to sidewalk within weeks or City would complete repairs, and place a lien on property. Item 7 Packet Page 98 The - Project was much more than a repair. The LLC does not own the sidewalk or property under the sidewalk. The LLC should not be liable for the cost of construction of a basement structure. The forty feet of new sidewalk at - Project is “Mission-style Sidewalk”. Madson Properties, LLC should not be treated di erently than other property owners, and should not be charged for sidewalk replacement. Please present my letter at the City Council Meeting addressing - Higuera Project. Sincerely, Lana Madson Johns Madson Properties, LLC lanasusanj@yahoo.com Item 7 Packet Page 99 Item 7 Packet Page 100 Department Name: Finance Cost Center: 2002 For Agenda of: January 12, 2021 Placement: Business Item Estimated Time: 60 minutes FROM: Derek Johnson, City Manager Brigitte Elke, Finance Director Prepared By: Natalie Harnett, Principal Budget Analyst SUBJECT: 2021-23 FINANCIAL PLAN PROCESS: ECONOMIC OUTLOOK, BUDGET POLICES, AND CAPITAL IMPROVEMENT PLAN REVIEW RECOMMENDATION 1. Review and approve the 2021-23 Financial Plan Goal Setting Process; and 2. Review and approve the City’s budget and fiscal policies; and 3. Receive and discuss the economic outlook for the 2021-23 Financial Plan development; and 4. Review the current and long-term capital outlook plan review. REPORT-IN-BRIEF The City of San Luis Obispo utilizes a two-year financial planning process to create its budget. This process includes extensive public outreach to assist the City Council in establishing Major City Goals. The benefits of this process are two-fold: 1) it ensures that resources are allocated in the budget to accomplish the community’s highest priority, most important objectives; and 2) it assesses the support and maintenance needs of the City’s current services, programs, and capital assets (i.e., core services). It therefore provides a process to help create a mutual understanding among community members, decision makers, and City staff through a platform of collaboration toward a common goal. The outreach efforts include a wide-reaching community priorities survey, the Community Forum (virtual), advisory body recommendations, and several other inputs to prepare the City Council for selecting community goals and priorities for the next financial plan during its Goal- Setting Workshop. Subsequent Council meetings will provide direction to City staff for work program development in support of these goals. In order to provide the appropriate framework, the Financial Plan process includes a review of the economic trends and their potential impact to the City’s forecasted financial position. City staff utilizes multiple sources for the economic assessment including Beacon Economics, PFM’s Market Update, HdL’s sales tax forecasts, and the State’s Legislative Analyst office to name a few. Item 8 Packet Page 101 A major feature in the City’s Financial Plan process is reliance upon clear framework of fiscal and budget policies. The most well-managed cities across the nation have clearly articulated fiscal policies to assist financial decision-making. This report highlights several new policies and policy edits that are recommended for adoption as part of the 2021-23 Financial Plan. DISCUSSION Two-Year Financial Plan Process For over thirty years, the City has used a two-year financial planning process to create its budgets. The benefits of budgeting based on a two-year plan include: 1. Reinforcing the importance of long-range planning in managing the City’s fiscal affairs. 2. Concentrating on developing and budgeting and related work programs to accomplish significant objectives to bring resources to focus on those objectives. 3. Establishing realistic timeframes for achieving objectives. 4. Creating a pro-active budget that provides for stable operations and service delivery. 5. Assuring the City’s long-term fiscal health. 6. Reducing the amount of time and resources allocated to preparing the annual budgets. The fundamental purpose of the City’s budget process is to link, through public engagement and strategic deliberation, the interest of the community to the available financial resources to achieve the desired outcome. The process allows the City Council to engage the community in identifying Major City Goals for the City while also providing information regarding the City’s core functions, including the day-to-day work programs and responsibilities carried out by City employees to support residents’ quality of life. 2021-23 Goal-Setting Process There are a variety of opportunities to provide input to the City Council to enable them to establish Major City Goals with the community’s needs and interests in mind. These opportunities are highlighted on the following chart: Item 8 Packet Page 102 Many of these efforts have been under way since early November 2020. City Advisory Bodies have developed recommended goals provided in Attachment A. The Community Priorities Survey (Attachment B) was mailed out with utility bills, continuously published on social media, and posted on-line at www.slocity.org/opencityhall. The survey was closed on December 15, 2020 and the results are included in Attachment C. The Council held the November 17 “Setting the Stage” meeting with information on the status of the current Major City Goal, the City’ core services, and the General Plan and Climate Action Plan update. Notice has also been sent to over 150 community groups and individuals inviting their input and participation (Attachment D). The two principal elements of the City’s goal setting process coming up are the Community Forum, to be held virtually on Thursday, January 14, 2021, at 6:00 PM, and the Council Goal- Setting Workshop to be held virtually on Saturday, February 6, 2021. Facilitation: In order to achieve an un-biased process, the City typically contracts with a third- party consultant to facilitate and guide Council and the community through the forum and goal- setting workshops. The City has contracted with the Centre for Organizational Effectiveness (Centre) to assist in a four-phase approach: 1. Phase one -- City Council Interviews: The Centre consultant will conduct virtual one-on- one interviews with each of the five City Council members to gain insights, input, and build connections with each individual. Each interview will be 60 minutes in length with the consultant developing overarching themes afterward to be utilized in the future group session. 2. Phase two – Virtual Community Forum Support: The Centre will provide support for a 2- hour virtual Community Forum to be conducted on January 14, 2021. 3. Phase three – Goal Setting Workshop: The Centre consultant will conduct a half-day goal setting workshop with the City Council Members on February 6, 2021.This virtual session will be designed to create open dialogue, establish consensus, and identify objectives to support the community needs for the Financial Plan. 4. Phase four – City Council Workshop: The Centre consultant will conduct a half-day City Council Workshop in March 2021 (date TBD). This virtual session will be designed to reconnect on the work which was started in February and determine the action items needed to implement and execute effectively on the agreed upon goals. A focus will be made upon collaboration with City staff and how to ensure communication and proper support is provided so that successful outcomes are reached. This approach is more involved than previous financial plan processes, but due to the virtual environment, a new council member, and unprecedented fiscal times this type of facilitation will help build stronger Council relationships and achieve thoughtful collaboration. 1. Results of Community Priorities Survey Citizen feedback and input is a cornerstone of the City’ s budget process and an integral part of the decision making on Major City Goals. In addition to encouraging participation in the budget workshops, the community survey asks the City’s residents to share their priorities for the City to accomplish over the next two years. Additionally, it asks for feedback on possible program and service adjustment in order to accomplish the goals. Item 8 Packet Page 103 Survey Distribution To reach as many residents as possible, the City utilizes several outreach methods including: • Utility invoice inserts • City website (Open City Hall) • City news & e-notification • Monthly Community Newsletter • Press release • Social media • Outreach to approximately 200 community groups and partners Survey Participation A total of 1,285 individual survey responses were received by December 15, 2020, representing 64 hours of public comment. It is worth noting that this reflects a 17% decrease in participation compared to the same survey conducted two years ago but was nearly identical to the responses received as part of the 2017-19 Financial Plan. Survey Results It is important to point out that this is not a “scientific survey” or statistically representative” and as such caution should be used when interpreting the results. Nonetheless, this has been the historic practice and the results are useful—especially when viewed in conjunction with the other forms of feedback the Council will receive in this process— in gaining additional insight into the wishes, views, and concerns of the community. The following charts summarize the top themes for each question. Together with an ‘Other’ question that was open-ended, it provided participants up to five responses and grouped them into themes where possible. These themes help to identify areas for further consideration and discussion. Additional analysis is available on Open City Hall (www.slocity.org/opencityhall) and all survey responses are included as Attachment C (Reading File). Item 8 Packet Page 104 Packet Page 105 Item 8 Packet Page 106 2. Community Forum The Community Forum, scheduled on January 14, 2021, is intended to solicit suggestions from residents, community groups, stakeholders, and interested individuals on City goals for 2021-23. It is also intended to meet the requirements regarding the City’ s local sales tax, by providing an opportunity for the Revenue Enhancement Oversight Commission (REOC) to “review and discuss the use of the revenue generated by the Local Revenue Measure.” As such, the Community Forum will be a joint meeting of the City Council and the REOC. Format: Due to the shelter-in-place orders and the inability to host large in-person gatherings, the community forum will be 100% virtual. The virtual forum will mimic the in -person “workshop” and will still allow for interaction and conversation with staff and the public. The details of the virtual forum include: a. Welcome/Opening by Mayor and City Manager b. Welcome & Explanation of Process for Community Forum (e.g., how the session will work, basics on Zoom and PollEverywhere, timeline, etc.) by Facilitator c. 2021-23 Financial Plan Process and Themes from Pre-Survey Presentation by Finance Director d. Polling to Engage Participants by Facilitator e. Self-Selecting Breakout Sessions on Specific Topics (1 hour) {Back to Main Session} f. Reminder on Next Steps (Open City Hall “dot voting” will be available) g. Public Comment h. Closing by Mayor and City Manager 3. Council Pre-Work Based on all the feedback and input received, Council Members will be asked to prepare and submit up to seven candidate goals as Major City Goals by 9:00 a.m. on Wednesday, January 27, 2021 for consideration during the February 6, 2021, Goal Setting Workshop. Council Members are also asked to prepare and submit suggestions for changes in current programs and services that might help fund their desired goals. Templates and specific instructions for Council member input will be distributed via Council correspondence in early January. Without identifying who submitted the statements, staff will compile the feedback verbatim, compose lists and organized by common topics for review and consideration before the workshop. The lists will be distributed to all Council Members and made available to the community at the close of business on Wednesday, February 3, 2021. While staff will retain individual submissions in the working files, it is recommended that Council members refrain from releasing their personal lists so that each Council member can review all of the submissions and discuss them at the Goal- Setting Workshop before taking a position. Item 8 Packet Page 107 Council Goal-Setting Workshop At the February 6, 2021, workshop, the Council will review the consolidated goals presented by Council Members to ensure clarity, completeness and understanding; and then narrow the list to finalist goals that are supported by a majority of Council Members. While the Council proceeds with the discussion outlined above, staff will prepare a final listing that the Council can use in prioritizing goals. In years past, the Council has used a ranking system of 0 through 5 for each candidate goal and staff recommends continuing its use for 2021- 23, summarized as follows: 5 - most important, highest priorities for City to achieve over the next two years. 4 - very important goal to achieve. 3 - important goal to achieve. 2 - address if resources are available. 1 - defer to 2023-25 for consideration. 0 - not a priority goal. The number of points used for ranking is typically figured out through discussion on the day of the workshop. Based on experience, it is likely that two priority “tiers” will emerge from this process: 1. Major City Goals. These represent the most important, highest priority goals for the City to accomplish over the next two years, and as such, resources to accomplish them should be included in the 2021-23 Financial Plan. The initial list of Major City Goals following the ranking will include only those goals where a majority of Council Members rank the goal as a 4 or 5. Subsequent discussion will allow the Council to refine the goal list, however, the list should remain consistent with the “Criteria for Major City Goals” (Attachment E). 2. Other Important Objectives. Goals in this category are important for the City to accomplish, and resources should be made available in the 2021-23 Financial Plan if possible. Staff is highly recommending that the Council focus on the highest priorities given the likelihood of carry over unknown tasks and impacts from COVID-19 and place all priorities in Major City Goal work programs. Core services or the day-to-day operations continue to utilize most of the City’s allocated resources and the pandemic is likely to impact available time to take on a broad range of goals. The detailed agenda for the virtual Goal Setting Workshop will be distributed to Council at least one week before the workshop. No follow-up meeting has been needed in the last several goal- setting sessions as the Council concluded all necessary actions at the Goal-Setting Workshop. Continued consideration of goals for 2021-23 can be scheduled for the next regular Council meeting following the workshop if needed. Item 8 Packet Page 108 4. Local Revenue Measure The Community Forum will also be the City’s Annual Citizens’ Oversight Meeting for the Local Revenue Measure (LRM). This allows for the integration of the LRM into the City’s budget and goal-setting process. The estimated revenue and proposed use of the fund generated by LRM shall be an integral part of the City’s budget and goal-setting process, and an opportunity for meaningful participation by citizens in determining priority uses of these funds. With the passage of Measure G-20 in the November 3, 2020 election, the LRM was extended at a new, 1.5 cent rate. The language on the Measure G-20 ballot measure provides the types of uses that could be funded. The language on the ballot was: Measure G-20 (Community Services/Investment) Shall an ordinance to provide funding to protect City of San Luis Obispo’s financial stability; maintain fire/community safety, health emergency/disaster preparedness; protect creeks from pollution; address homelessness; keep public areas clean/safe; retain local businesses; maintain youth/senior services, streets, open space/natural areas, and other general services, by extending voter-approved funding at a 1.5¢ rate, providing approximately $21,600,000 annually until ended by voters; requiring audits/all funds used locally, be adopted. While the ballot language provided examples of the types of uses that could be funded - based on community input received before placing the measure on the ballot – the Local Revenue Measure is a general-purpose tax providing Council with flexibility to respond to new circumstances and challenges. The unaudited FY 19-20 total expenditures (operating and capital projects) was approximately $7M and an additional $2.9M in funding was carried over to FY 2020-21 for the use of existing capital projects. The Revenue Enhancement Oversight Commission will hold a meeting on December 17, 2020 to review the preliminary 2019-20 year-end financial report in detail. Though these are still the unaudited results, the final information will be included in the Certified Annual Financial Report, which is scheduled to be presented to the City Council in January 2021. The Local Revenue Measure has been used to support operating and capital projects, based upon the language in the 2014 ballot measure. Below are the unaudited 2019-20 Local Revenue Measure uses. Item 8 Packet Page 109 4% 12%2% 24% 27% 4% 10% 15% 2% 2019-20 Operating & Capital Use Open Space Preservation Bicycle and Pedestrian Improvements Total Traffic Congestion Relief/Safety Improvements Public Safety Neighborhood Street Paving Code Enforcement Flood Protection Parks & Recreation/Senior Programs and Facilities Other Vital Services & Capital Projects ECONOMIC FORECAST Like most municipalities, San Luis Obispo finds itself in unprecedented and challenging times. In March of 2020, the world, including San Luis Obispo, entered a health emergency-induced shut-down that has had and will continue to have drastic implications for both public health and the economy. While the last nine months’ data has provided some clarity, the long-term fiscal ramifications remain largely unknown especially with new shelter-at-homes directives active in December 2020. While economic outlooks range drastically from overly optimistic to “doom and gloom”, staff recommends maintaining a forecast with a slight downward adjustment. On November 18, 2020, the annual Central Coast Economic Forecast presented national, state, and countywide economic data and trends. This information, together with PFM’s Market Outlook, HdL’s sales tax analysis, the City’s audited financials and internal analysis will provide the basis for the City’s own five-year fiscal forecast which will be presented to Council with the mid-year report on February 2, 2021. Additional information gained after the December shelter- at-home directives through the League of California Cities Municipal Finance Institute and the California Society of Municipal Finance Officers will further refine the analysis. The material provided by the various economic forecast presenters as well as links to other economic data are provided in Attachment F. Overall, the City maintained a stable financial position into this current fiscal year with its reserve levels and unassigned General Fund balance intact. The Fiscal Health Contingency Plan, activated at the onset of the pandemic in March 2020 remains in full effect and will continue hiring, purchasing, and travel chills for the duration of the pandemic and the economic re- opening. Item 8 Packet Page 110 Employment: Employment rate is generally considered as a lagging indicator of the economy. During the initial shutdown, the County saw its highest unemployment rate of 14% in April 2020. The rate has steadily declined as the State allowed the economy to reopen. The California Employment Development Department (EDD) reported the unemployment rate was 6% in October 2020, down from 7.2% in September 2020. SLO County is now ranked the 6th lowest in unemployment in California. The unadjusted Unemployment Rate in California is 9% and 6.6% for the nation during the same period. While the unemployment rate continues to decline, this is still more than 3% higher than the 2019 County rates and is likely to increase with the second Shelter in Home Orders. The industry with the highest unemployment is Leisure and Hospitality and with colder weather and extended shutdowns on the horizon, this industry may face a second wave of challenges. Sales Tax: Overall, sales tax receipts for the last nine months have performed better than adjusted projections across the state. While it is apparent that people are still spending, they are spending in different ways. A record numbers of online customer accounts were created during the initial shutdown and online sales have skyrocketed. Because of the Wayfair decision, the County pools, accounting for online sales, have seen double-digit growth as seen below: 1st Quarter 2020 2nd Quarter 2020 3rd Quarter 2020 State & County Pools +25% +30% +43% *statewide data Larger retailers are beginning to change their business model by utilizing their large retail spaces as fulfillment centers and are therefore less impacted by the transition. Of interest in this discussion is that S&P Global Ratings, a national credit rating agency, now recognizes residential areas as retail opportunities due to online shopping activity and may consider it in their credit ratings. On the other hand, small local businesses, the cornerstone of a vibrant community, have felt a negative impact from the Covid-19 closures and shoppers migrating their purchases online. However, once the reopening began, business activity returned, though not to previous levels. The most impacted industry segment continues to be restaurants and hotels which are also the hardest hit with the renewed shelter-at-home directive. This category is followed closely by Fuel and Service Stations that feel the impacts of commuters working from home. 1st Quarter 2020 2nd Quarter 2020 3rd Quarter 2020 General Consumer Goods -12% -40% -12% Restaurants & Hotels -14% -50% -33% Fuel & Service Stations -8% -46% -31% *statewide data Another influencing factor for this revenue source was the weekly unemployment augmentation and the government stimulus during the second quarter of 2020. Though much of the government relief payments to individuals were spent largely on rents, utilities, debt and savings, the money, in addition to savings from put-off travel and entertainment spending, triggered some temporary increases in discretionary income for some beneficiaries. Item 8 Packet Page 111 Low interest rates and favorable lending practices have encouraged money to be spent on previously postponed items such as home improvements and cars. It is difficult to say if these positive trends will continue, especially with rental protections and government assistance programs reaching sunsets at the end of the year. Much will come down to a second round of federal stimulus to keep consumer confidence high through the first part of 2021. Clarity on Federal legislation and its potential impacts on the local economy might be available for integration into the January 12, 2021, council hearing on this item. Tourism: Tourism and hospitality are an important part of the economy in San Luis Obispo and about 70% of the local sales tax generated is from visitors and day-time commuters. Prior to the pandemic, income from transient occupancy tax had grown over the past five years at an average of 5.5% per year.; however, this rate was expected to slow in FY 19-20 as average daily rates were maxing out. The pandemic all but stopped leisure and business travel, thus devastating the lodging and tourism industry. The San Luis Obispo County Airport was the fifth-fastest growing airport in the nation in 2019, but as of October 2020, its number of passengers was down 50% from the prior year. Fortunately, San Luis Obispo is a drive-to destination for northern and southern California and occupancy rates have steadily increased from 17% (April 2020) to 62% (October 2020). Though a positive trend, these numbers are still more than 10% below 2019 levels. Overall spending by tourists is expected to fluctuate and will largely depend on state orders and the reopening of local universities as well as consumer comfort levels with traveling. Because the downtown area has been identified as a major tourist destination, City staff is working hard and has expended over $1 million to support economic resiliency for the downtown businesses during this time. At its December 8, 2020, public meeting, the City Council approved a second round of business assistance amounting to $3.4 million. Real Estate: The housing market remains strong and is expected to continue largely unaffected by this economic crisis. The biggest challenge in the forecast will be building new inventory to attract buyers. California currently ranks 49th in housing units to population ratio (2nd lowest) and the housing units that are available are simply unaffordable for first-time home buyers or lower income families. However, with the Orcutt area build-out and Avila Ranch and San Luis Ranch beginning construction, San Luis Obispo will be adding new residential units, consistent with the City’s growth management policies, throughout the next financial plan period. Additional in-fill and mixed-use projects are further assisting in adding residential units on the market. The City assumes an annual property tax growth rate of at least 2% due to Proposition 13 adjustments. On top of that, it includes an annual growth factor to project revenue, usually around 1% to 3%. The City has seen about a 5% annual growth rate in property tax revenue over the last few years with a strong housing market and low interest rates. While economists do not expect the housing market to be significantly impacted by the pandemic, the growth rate in San Luis Obispo County is expected to slow down to 3% in FY 2021-22, mostly due to slower growth in property value and low inventory. Item 8 Packet Page 112 This slowing trend was forecasted before the onset of the pandemic. Overall, property tax revenue is one of the less volatile revenue streams and is generally expected to continue growing at a modest rate. Annual property tax assumptions are periodically provided by the County assessor’s office and the latest assumptions for the City will be included in the long-term forecast provided at mid-year. Construction Activity: Development permitting activities remain strong in the City of San Luis Obispo, largely due to several big development projects underway. Construction has remained essential during the Covid-19 pandemic and overall construction activity has continued to trend upward (i.e., the number of permits issued, and construction valuation have both increased). There are currently 76 projects on the City’s development project map, which includes major projects in all phases of entitlement and construction. Development revenue is expected to continue to be strong as planning and building activity continues into 2021. Economic Development in the age of COVID The economic impact of COVID19 and the resulting shut-down of business is unlike anything ever experienced and has accelerated many of the existing challenges that the City has been facing (cost of living, supply constraints, the shrinking market share of traditional retail). It is unique because it is a clear winner and loser economy. The financial markets have been propped up by the Fed and are gaining through companies that are taking advantage of the need for technology, distribution channels, and logistic. On the other hand, small businesses, the corner stone of a community, and certain industries such as restaurants, hotels, and fuel stations have been hit hard. The remainder of the economic recovery will depend on how and when the virus is controlled thus avoiding ongoing or recurring restrictions. The brick-and-mortar retail market might very well have changed and may never return to the pre-pandemic consumer environment. The City of San Luis Obispo together with all municipalities will need to find ways to adapt and the City is currently meeting with property and business owners and a futurist to discuss ways that the City will need to adapt and adjust so that the Downtown and other retail areas remain realistically and financially viable. According to Director of Research at Beacon Economics, Adam Fowler, the future of economic development is attracting and retaining talent, supplying affordable housing, and the adaptive reuse of commercial space. Turning retail districts into destination or an experience to create a sense of community and relaxation will further drive the return of people congregating in town centers. San Luis Obispo obviously has the elements of this type of viable market and will likely need to make further investments such as the cultural corridor to give visitors and residents with a rich experience to compliment retail, dining, etc. After spending decades building local economies on brick-and-mortar retail and sales tax revenue, future efforts need to consider new sources of cultural or experiential “currency” such as Land Use, Zoning, Entitlements and Financing to reposition the community for a sustainable and resilient future. Item 8 Packet Page 113 Long-Term Fiscal Health Fiscal year 2020-21 marks the last year of the Fiscal Health Response plan. Thus far, only one of the planned additional pre-payments to reduce the City’s long-term unfunded pension liability has been made due to the pandemic. One additional payment is kept in reserves until the cashflow need can be better assessed and the economy begins to stabilize in earnest. It is clear that the payment anticipated from 2019-20 fund balance will not materialize. This will ultimately set the City back by a few years in its overall goal to pay off the pension liability over 20 instead of 30 years and will need to be considered during financial planning. Nonetheless, the City enters the 2021-23 Financial Planning period with a solid financial foundation despite facing challenges and economic uncertainty. The City continues to have substantial advantages compared with many communities in California due to: 1. A balanced budget and reserves above minimum policy levels. 2. Dedication to fiscal responsibility and long-term sustainability. 3. Strong financial systems, policies and procedures. 4. Strong Council Leadership. 5. Citizens who care deeply about the City’s quality of life and services. 6. Staff committed, dedicated, and passionate about achieving the City’s mission and serving the community. 7. A great tradition of responsible stewardship; and 8. A successful local transaction and use tax initiative that will bring additional revenue to the General Fund. The civic infrastructure will serve San Luis Obispo well in successfully meeting challenges ahead while addressing the needs of the community. 2021-23 FINANCIAL PLAN POLICIES As noted in the discussion above, Council goal setting is an important “first step” in the City’s Financial Plan process. The second major feature is reliance upon clear fiscal and budgetary policies following industry best practices. In looking at cities across the nation that have reputations for being financially well-managed and have maintained their fiscal health, one finds that they all have clearly articulated fiscal policies for financial decision making. The City of San Luis Obispo’s policy framework have been repeatedly acknowledged by the bond rating agencies as an important factor in sustaining the City’s excellent credit rating. The City’s Budget and Fiscal Policies (Attachment G) are traditionally set forth in the reference section of the Financial Plan. The policies cover a broad range of fiscal topics, including: • Financial Plan Organization • General Revenue Management • User Fee Cost Recovery Goals • Enterprise Fund Fees and Rates • Investments • Appropriation Limitations • Fund Balances and Reserves Item 8 Packet Page 114 • Capital Improvement Management • Capital Financing & Debt • Human Resources Management • Contracting for Services • Productivity At the onset of each financial planning cycle, the City reviews the adopted policies to see if any updates are necessary. Changes are generally intended to create consistency amongst City fiscal policies and create a system that is efficient and effective to administer. As staff begins preparing the 2021-23 Financial Plan, other additions or revisions to the City’s current policies may arise; if so, these will be presented for Council consideration at this time. The 2019-21 Financial Plan, the City Council approved two new reserve levels with a Revenue Stabilization Fund for the duration of the FHRP and a Capital Reserve. In addition, clarifying language was added to the Insurance Fund to allow applicable annual payments to be made directly from the fund. For the 2021-23 Financial Plan a few additional policies are recommended: Financial Plan Objectives, Pg. 1 a. Integrate climate risk and climate action considerations throughout all financial decisions. b. Integrate Diversity, Equity, and Inclusion (DEI) considerations throughout all financial decisions. Long-Term Financial Planning, Pg. 2 a. Consideration of Climate Risk and Climate Action. The City is aware of the increasingly severe and frequent natural, economic, and social disruptions presented by a rapidly changing climate. The City is also aware of the financial benefits (e.g., reduced operational costs, prudent asset management, access to green bonds, etc.) of managing climate risk and orienting towards a carbon neutral municipal operations and community. The City will include climate risk and climate action considerations in its long-term financial planning. b. Consideration of Diversity, Equity, and Inclusion (DEI). On June 18th, 2020, the City Council took action to affirm racism as a public health crisis and committed to making San Luis Obispo a welcoming, inclusive, and safe community for everyone (R-11132). The City Council also set a vision of a community with core values of diversity and inclusivity in the adoption of its 2019-21 Major City Goals. The City is committed to supporting diversity, equity, and inclusion in is operations and in the community. The City will include DEI considerations in its long-term financial planning. Capital Improvement Management, Pg. 15 a. Climate Action Plan Implementation. Council adopted Resolution No. 11159 (2020 Series) establishes a goal of communitywide carbon neutrality by 2035 and municipal operations carbon neutrality by 2030. The City’s Capital Improvement Program is a critical implementation tool, and every CIP will be evaluated for alignment with these climate goals. Examples of ways projects or project components can align the with goals include (but are not limited to): i. Elimination or reduction of vehicle miles traveled (e.g., active transportation Item 8 Packet Page 115 and transit improvements), ii. Elimination or reduction of fossil fueled appliances, vehicles, and equipment, iii. Reduced energy consumption (e.g., efficient mechanical equipment, efficient lighting, etc.) iv. Carbon storage through tree planting or landscape management, and v. Solid waste/ green waste diversion Based on direction from Council, both policies are recommended because they are a step towards integrating core City objectives into financial decisions. Many of the long-term goals included in the Climate Action Plan require climate risk to be considered in annual budget development and financial decisions. There is also a policy change recommended for the Insurance Fund. The Insurance Fund was introduced with the 2019-21 Financial Plan. The changes being recommended are largely administrative in action and help clarify the way that the fund balance is calculated and maintained. The new language reads: Fund Balance and Reserves – Insurance Fund (Pg. 12): The City shall maintain an Insurance Fund to manage payments for liability, workers’ compensation, crime, pollution, special events, property, and volunteer insurance. Within the Insurance Fund, a self-insured retention (SIR) will be set aside to cover expenses associated with claims from the Excess Liability Insurance Program. The SIR will be funded based on 150% (75% confidence level) of the previous five-year average claims experience (claims paid, reserves for known claims, and administrative expenses). The Insurance Fund will maintain a reserve sufficient to guard against substantial claims which will be determined based on annual actuarial report information. If required due to depletion of fund balance, sufficient annual appropriations will be transferred to the Insurance Fund from the General Fund in the amount needed to ensure the 150% funding status. Several other additional clarifications and minor edits are made throughout the recommended fiscal and budget policies in Attachment G such as adding the approved policy regarding Environmental, Social, Governance (ESG) investments. Additions are underlined throughout the document and anything removed has been indicated with a strike-through. CAPITAL IMPROVEMENT PLAN (CIP) STATUS As part of the budget process, the City reviews its current capital improvement plan and the long-term maintenance of its assets. Attachment H provides the Council with a summary of the status of the City’s Capital Improvement Plan (CIP) projects. While COVID-19 required a thoughtful reprioritization of projects originally approved in the 2019-21 Financial Plan, as discussed in greater detail within the attachment, the City is making excellent progress in achieving its current CIP goals. Of the 110 projects that have been financially active during the 2019-21 Financial Plan period: 1. 29 are complete 2. 13 will be complete within 6 months 3. 32 will be complete within 12 months Item 8 Packet Page 116 4. 26 will be complete in more than 12 months In preparation of the goal-setting process for the 2021-23 Financial Plan, it is important to understand the status of CIP projects, as well as the long-term need of the City’s assets (Attachment I). Item 8 Packet Page 117 LONG RANGE CIP The Long-Range CIP provides a glimpse into the future improvement needs of the City as envisioned by the General Plan and other Council adopted plans. Many of the City’s current infrastructure assets are not adequate to handle the needs of the future San Luis Obispo. The Long-Range CIP can serve as a guide for required future investments to support the General Plan as well as other Council approved policies, plans, and goals in place today. By considering the Long-Range CIP needs in the context of the Financial Plan process, these projects provide an important starting place in assessing which ones might be a high priority to consider in the next funding cycle. Below is a summary of the methodology behind and the data in the Long-Range CIP: 1. The City’s Capital needs are categorized into 1) Maintenance of Existing Assets, 2) Replacement of Existing Assets, and 3) New Assets. 2. The Replacement of Existing Assets and New Assets categories of capital needs are primarily unfunded to the extent that funding for Maintenance of Existing Assets is prioritized. With the passage of Measure G-20, the City could choose to fund projects in the Rehabilitation and New project categories. 3. The Long-Range CIP includes projects that are funded from all City funding sources including General and Enterprise Funds. 4. As a result of extensive review of approved City planning documents, the General Plan, and Area Specific Plans, the total General Fund allocation for Replacement of Existing Assets and New Assets is approximately $412 M and $987M for all funds. 5. The Long-Range CIP includes idealized funding levels of Annual Asset Maintenance. The City has historically funded asset maintenance at a lower level. 6. The Long-Range CIP delivery timeframe extends beyond 2040 with maintenance costs assumed to last in perpetuity. The Long-Range CIP is an important high-level planning tool, but it is important to remember that project costs will change. Project cost estimates are developed from high-level project descriptions and during the scoping, budgeting and implementation of all projects, costs will change based upon increased and refined project data. The Long-Range CIP is presented to Council as part of the Budget Foundation discussion and Goal Setting Process in order to provide context for future capital needs. Historically, the Long- Range CIP is presented without a proposed strategy to address those needs. Policy Context The City's budget polices guide the process and the production of the two- financial plan and the annual budget. In addition to the Council adopted policies, several other codes dictate the need for the governing body to approve the City’s budget. Item 8 Packet Page 118 California State Law Though there is no explicit requirement in state law for a California city to adopt a budget, however, there are many laws and charter requirements listed below that establish the budget procedures and actions for every city. 1. A city may not spend public funds without the legal authorization to do so. Among other things, a budget appropriates public funds, thereby requiring the legal authorization from the governing body to expend these funds. 2. Like other California public agencies, each city must annually establish its appropriation limit pertaining to the proceeds from taxes in compliance with Article XIIIB of the California Constitution and California Government Code Sec. 7910. The City of San Luis Obispo uses the annual budget to establish its compliance with this law. 3. The California Constitution (Section 18 of Article XVI) states that no city or county may incur any debt or liability in any year that exceeds the income and revenue anticipated for that year without two-thirds voter approval. By determine the anticipated income and revenue, the budget process verifies these thresholds. 4. California Government Code Section 53901 requires each local agency to file its budget with the county auditor within 60 days after the beginning of its fiscal year. 5. In order to qualify to receive federal funds, a local agency must comply with the federal single audit act and must retain a certified public accountant to prepare an annual audit of its financial records. This compliance would be very difficult without an adopted budget. City Charter Article VIII of the City's Charter contains the requirements for the fiscal administration for the City. The following sections provide guidance regarding the budget: 801. Fiscal Year - determines the City's fiscal year from July through June. 802. Annual Budget - determines the mandate of the City Manager to bring forth an annual estimate of income and expenditures. 803. Public Hearing - sets forth the requirement for a public hearing to adopt the annual budget. 804. Adoption of Budget - requires the Council to adopt the budget after necessary revisions after input from the public hearing. City Budget and Fiscal Policies The City's adopted fiscal policies set forth the purpose of the Financial Plan. They determine under section: A. The Financial Plan Objectives B. The two-year budget C. Measurable objectives D. The Second-Year budget E. Operating Carryover Item 8 Packet Page 119 F. Goal Status Reports G. Mid-Year budget reviews Additionally, under long-term financial planning, the policies stipulate the requirement for a balanced budget and the addressing of long-term liabilities and the maintenance of infrastructure. They also outline the requirements for annual and interim reporting and the City's budget administration in accordance with the City Charter. Public Engagement Public comment on this item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. CONCURRENCE The City’s internal 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 Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund State Federal Fees Other: Total N/A N/A N/A There is no fiscal impact associated with the conduct of the City’s two-year financial planning process. The City budgets for all the planned activities that are part of this process. Preparing budgets are one of the core government functions that the City is responsible for carrying out. Item 8 Packet Page 120 ALTERNATIVES Modify the proposed Goal Setting activities. The Council could direct staff to pursue a different process for goal-setting this year. Staff does not recommend this alternative because there is value in conducting a similar process that residents are familiar with. If the Council is interested in making changes, staff recommends that they be incremental adjustments to the activities planned. If major changes are desired, they should be discussed and planned during the first year of the next financial plan. Attachments: a - COUNCIL READING FILE - Advisory Body Goals b - Community Survey & Utility Bill Insert c - COUNCIL READING FILE - 2021-23-community-priorities-survey d - Community Group Letters e - Major City Goals Criteria f - COUNCIL READING FILE - Economic Forecast Resources g - 2021-23 Financial Plan Policies h - COUNCIL READING FILE - CIP Status Report 2021-23 i - Long Term CIP 2021-23 Item 8 Packet Page 121 Attachment A – Community Survey & Utility Bill Insert Item 8 Packet Page 122 Item 8 Packet Page 123 Item 8 Packet Page 124 City of San Luis Obispo, Finance and Information Technology, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7130, slocity.org City of San Luis Obispo, Finance and Information Technology, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7130, slocity.org Address to Business Dear Valued Community Member, The City of San Luis Obispo is seeking community feedback to help establish community-based goals that will be incorporated into the City's 2021-23 Financial Plan. This input will enable the City Council to better prioritize City projects, programs, services and initiatives so that resources and budget can be assigned to those items that are most important to the community. “The coronavirus pandemic has brought about unprecedented times and enormous financial impacts to city budgets across the country, including San Luis Obispo,” said Derek Johnson, City Manager. “The feedback we receive from our community will directly influence the programs and services the City is able to deliver over the next couple of years.” Community members can weigh in by completing the online 2021-23 Community Priorities Survey at slocity.org/opencityhall. The deadline to submit feedback is December 15, 2020 at 10:00 p.m. In addition to reviewing their own responses on the survey, participants will also be able to review the feedback that the City is receiving in real time. This goal-setting stage in the budgeting process is a critical step to ensuring the City can make San Luis Obispo an even better place to live, work and play. In light of the hardships brought about by the COVID-19 pandemic, the City Council, in June 2020, adopted a goal focused on San Luis Obispo’s economic stability, recovery, and resiliency. City staff will compile community feedback for the City Council to review in advance of the Community Forum in January and the Council goal-setting workshop in February. During the workshop, council will officially set the goals for the next two years. A preliminary budget will then be presented to the City Council in April and the final 2021-23 Financial Plan adoption in June. To receive updates from the City, please register for City News e-notifications on the City’s website at www.slocity.org or follow the City of San Luis Obispo on social media. Link to online survey: Item 8 Packet Page 125 ATTACHMENT E Criteria for Major City Goals 1. Understanding that MCG’s are a statement of organizational priorities and that other initiatives have to be set aside. 2. Ground Major City Goals in policies and/or community priorities (real, supported). 3. Agreed upon by a Council majority. 4. Limited in number for comprehension, communication and focus. 5. Set forth in one document—the Financial Plan. 6. Be clear, understandable and actionable. 7. Established as a high priority and a real commitment. 8. Reflect major goals that cannot be achieved without Council support. 9. Can be translated into the performance goals and objectives of employees at all levels of the organization. 10. Created within a supportive atmosphere where participants are not afraid to state their suggestions for improving goals or objectives. 11. Reflect genuine consensus: while unanimous agreement is not required, they should be accepted to the point where resistance to them is reduced or eliminated. Item 8 Packet Page 126 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan FINANCIAL PLAN PURPOSE AND ORGANIZATION A. Financial Plan Objectives. Through its Financial Plan, the City will link resources with results by: 1. Identifying community needs for essential services. 2. Organizing the programs required to provide these essential services. 3. Establishing program policies and goals, which define the nature and level of program services required. 4. Identifying activities performed in delivering program services. 5. Proposing objectives for improving the delivery of program services. 6. Integrate climate risk and climate action considerations throughout all financial decisions. 7. Integrate Diversity, Equity and Inclusion (DEI) considerations throughout all financial decisions. 8. Identifying and appropriating the resources required to perform program activities and accomplish program objectives. 9. Setting standards to measure and evaluate the: a. Output of program activities. b. Accomplishment of program objectives. c. Expenditure of program appropriations. B. Two-Year Budget. Following the City's favorable experience, the City will continue using a two-year financial plan, emphasizing long-range planning and effective program management. The benefits identified when the City's first two-year plan was prepared for 1983-85 continue to be realized by: 1. Reinforcing the importance of long-range planning in managing the City's fiscal affairs. 2. Concentrating on developing and budgeting for the accomplishment of significant objectives. 3. Establishing realistic timeframes for achieving objectives. 4. Creating a pro-active budget that provides for stable operations and assures the City's long-term fiscal health. 5. Promoting more orderly spending patterns. 6. Reducing the amount of time and resources allocated to preparing annual budgets. C. Measurable Objectives. The two-year financial plan will establish measurable program and performance objectives and allow reasonable time to accomplish those objectives. D. Second Year Budget. Before the beginning of the second year of the two-year cycle, the Council will review progress during the first year and approve appropriations for the second fiscal year. E. Operating Carryover. Operating program appropriations not spent during the first fiscal year may be carried over for specific purposes into the second fiscal year with the approval from the City Manager. Key: Strikethrough – removed sections Underlined – administrative changes or clarifications to language Underlined and italicized – significant or key policy additions Item 8 Packet Page 127 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan F. Goal Status Reports. The status of major program objectives will be formally reported to the Council together with the quarterly budget reports. G. Mid-Year Budget Reviews. The Council will formally review the City’s fiscal condition, and amend appropriations if necessary, based on the first six months of each fiscal year. LONG - TERM FINANCIAL PLANNING A. Balanced Budget. The City will maintain a balanced budget over the two-year period of the Financial Plan. This means that: 1. Operating revenues must fully cover operating expenditures, including debt service. 2. Ending fund balance (or working capital in the enterprise funds) must meet minimum reserve policy levels. For the general and enterprise funds, this level has been established at 20% of operating expenditures. Additionally, it includes the revenue and rate stabilization reserves as set forth in the City’s fiscal policies under the Fund Balances and Reserves section. Under this policy, it is allowable for total expenditures to exceed revenues in a given year; however, in this situation, beginning fund balance can only be used to fund capital improvement plan projects, or other “one- time,” non-recurring expenditures. B. Long-Term Liabilities and Maintenance of Infrastructure. The City will give priority to applying unassigned fund-balance due to one-time expenditure savings or one-time increase in revenue to pay down long-term unfunded liabilities and invest in infrastructure and equipment. In applying unassigned fund balances to pay down long- term unfunded liabilities a two-part strategy will be used to address the liability to the greatest extent possible. One, annual payments to CalPERS for unfunded liabilities will address interest and principal. Two, a Section 115 Trust will address future pension obligation changes and uncertainties pertaining to CalPERS investment losses. C. Consideration of Climate Risk and Climate Action. The City is aware of the increasingly severe and frequent natural, economic, and social disruptions presented by a rapidly changing climate. The City is also aware of the financial benefits (e.g., reduced operational costs, prudent asset management, access to green bonds, etc.) of managing climate risk and orienting towards a carbon neutral municipal operations and community. The City will include climate risk and climate action considerations in its long-term financial planning. D. Consideration of Diversity, Equity, and Inclusion (DEI). On June 18th, 2020, the City Council took action to affirm racism as a public health crisis and committed to making San Luis Obispo a welcoming, inclusive, and safe community for everyone (R-11132). The City Council also set a vision of a community with core values of diversity and inclusivity in the adoption of its 2019-21 Major City Goals. The City is committed to supporting diversity, equity, and inclusion in is operations and in the community. The City will include DEI considerations in its long-term financial planning. FINANCIAL REPORTING AND BUDGET ADMINISTRATION A. Annual Reporting. The City will prepare annual financial statements as follows: Item 8 Packet Page 128 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 1. In accordance with Charter requirements, the City will contract for an annual audit by a qualified independent certified public accountant. The City will strive for an unqualified auditors’ o pinion. 2. The City will use generally accepted accounting principles in preparing its annual financial statements and will strive to meet the requirements of the GFOA’s Award for Excellence in Financial Reporting program. 3. The City will issue audited financial statements within 180 days after fiscal year-end. B. Interim Reporting. The City will prepare and issue timely interim reports on the City’s fiscal status to the Council and staff. This includes on-line 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 preliminary annual reports. C. Budget Administration. As set forth in the City Charter, the Council may amend or supplement the budget at any time after its adoption by majority vote of the Council members. The City Manager has the authority to make administrative adjustments to the budget as long as those changes will not have a significant policy impact nor affect budgeted year-end fund balances. D. Development Services Revenue. The City Manager may allocate or designate 75% of over-realized Development Services revenues exceeding adopted budget for the current fiscal year for temporary Development Services expenditures for the purpose of timely processing of development permit applications in the current fiscal year or throughout the life of applicable projects. Any and all City Manager authorized allocations and funds set aside in a designation for future use, shall be reported to the Council on a semi-annual basis. GENERAL REVENUE MANAGEMENT A. Diversified and Stable Base. The City will seek to maintain a diversified and stable revenue base to protect it from short-term fluctuations in any one revenue source. B. Long-Range Focus. To emphasize and facilitate long-range financial planning, the City will maintain current projections of revenues for the succeeding five years. C. Current Revenues for Current Uses. The City will make all current expenditures with current revenues, avoiding procedures that balance current budgets by postponing needed expenditures, accruing future revenues, or rolling over short-term debt. D. Interfund Transfers and Loans. In order to achieve important public policy goals, the City has established various special revenue, capital project, debt service and enterprise funds to account for revenues whose use should be restricted to certain activities. Accordingly, each fund exists as a separate financing entity from other funds, with its own revenue sources, expenditures, and fund equity. Any transfers between funds for operating purposes are clearly set forth in the Financial Plan and can only be made by the Finance Director in accordance with the adopted budget. These operating transfers, under which financial resources are transferred from one fund to another, are distinctly different from interfund borrowings, which are usually made for temporary cash flow reasons, and are not intended to result in a transfer of financial resources by the end of the fiscal year. In summary, interfund transfers result in a change in fund equity; interfund borrowings do not, as the intent is to repay the loan in the near term. Item 8 Packet Page 129 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan From time-to-time, interfund borrowings may be appropriate; however, these are subject to the following criteria in ensuring that the fiduciary purpose of the fund is met: 1. The Finance Director is authorized to approve temporary interfund borrowings for cash flow purposes whenever the cash shortfall is expected to be resolved within 45 days. The most common use of interfund borrowing under this circumstance is for grant programs like the Community Development Block Grant, where costs are incurred before drawdowns are initiated and received. However, receipt of funds is typically received shortly after the request for funds has been made. 2. Any other interfund borrowings for cash flow or other purposes require case-by-case approval by the Council. 3. Any transfers between funds where reimbursement is not expected within one fiscal year shall not be recorded as interfund borrowings; they shall be recorded as interfund operating transfers that affect equity by moving financial resources from one fund to another. USER FEE COST RECOVERY GOALS A. Ongoing Review Fees will be reviewed and updated on an ongoing basis to ensure that they keep pace with changes in cost-of- living as well as changes in methods or levels of service delivery. In implementing this goal, a comprehensive analysis of City costs and fees should be made at least every five years. In the interim, fees will be adjusted by annual changes in the Consumer Price Index Los Angeles/Riverside. Fees may be adjusted during this interim period based on supplemental analysis whenever there have been significant changes in the method, level, or cost of service delivery. B. User Fee Cost Recovery Levels In setting user fees and cost recovery levels, the following factors will be considered: 1. Community-Wide Versus Special Benefit. The level of user fee cost recovery should consider the community-wide versus special service nature of the program or activity. The use of general-purpose revenues is appropriate for community-wide services, while user fees are appropriate for services that are of special benefit to easily identified individuals or groups. 2. Service Recipient Versus Service Driver. After considering community-wide versus special benefit of the service, the concept of service recipient versus service driver should also be considered. For example, it could be argued that the applicant is not the beneficiary of the City's development review efforts: the community is the primary beneficiary. However, the applicant is the driver of development review costs, and as such, cost recovery from the applicant is appropriate. 3. Effect of Pricing on the Demand for Services. The level of cost recovery and related pricing of services can significantly affect the demand and subsequent level of services provided. At full cost recovery, this has the specific advantage of ensuring that the City is providing services for which there is genuinely a market that is not overly stimulated by artificially low prices. Conversely, high levels of cost recovery will negatively impact the delivery of services to lower income groups. This negative feature is especially pronounced, and works against public policy, if the services are specifically targeted to low-income groups. 4. Feasibility of Collection and Recovery. Although it may be determined that a high level of cost recovery may be appropriate for specific services, it may be impractical or too costly to establish a system to identify and charge the user. Accordingly, the feasibility of assessing and collecting charges should also be Item 8 Packet Page 130 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan considered in developing user fees, especially if significant program costs are intended to be financed from that source. C. Factors Favoring Low Cost Recovery Levels Very low-cost recovery levels are appropriate under the following circumstances: 1. There is no intended relationship between the amount paid and the benefit received. Almost all "social service" programs fall into this category as it is expected that one group will subsidize another. 2. Collecting fees is not cost-effective or will significantly impact the efficient delivery of the service. 3. There is no intent to limit the use of (or entitlement to) the service. Again, most "social service" programs fit into this category as well as many public safety and emergency response services (police and fire). Historically, access to neighborhood and community parks would also fit into this category. 4. The service is non-recurring, generally delivered on a "peak demand" or emergency basis, cannot reasonably be planned for on an individual basis, and is not readily available from a private sector source. Many public safety services also fall into this category. 5. Collecting fees would discourage compliance with regulatory requirements and adherence is primarily self- identified, and as such, failure to comply would not be readily detected by the City. Many small-scale licenses and permits might fall into this category. D. Factors Favoring High Cost Recovery Levels The use of service charges as a major source of funding service levels is especially appropriate under the following circumstances: 1. The service is similar to services provided through the private sector. 2. Other private or public sector alternatives could or do exist for the delivery of the service. 3. For equity or demand management purposes, it is intended that there be a direct relationship between the amount paid and the level and cost of the service received. 4. The use of the service is specifically discouraged. Police responses to disturbances or false alarms might fall into this category. 5. The service is regulatory in nature and voluntary compliance is not expected to be the primary method of detecting failure to meet regulatory requirements. Building permit, plan checks, and subdivision review fees for large projects would fall into this category. E. General Concepts Regarding the Use of Service Charges The following general concepts will be used in developing and implementing service charges: 1. Revenues should not exceed the reasonable cost of providing the service. 2. Cost recovery goals should be based on the total cost of delivering the service, including direct costs, departmental administration cost, and organization-wide support costs such as accounting, personnel, information technology, legal services, fleet maintenance and insurance. Item 8 Packet Page 131 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 3. The method of assessing and collecting fees should be as simple as possible in order to reduce the administrative cost of collection. 4. Rate structures should be sensitive to the "market" for similar services as well as to smaller, infrequent users of the service. 5. A unified approach should be used in determining cost recovery levels for various programs based on the factors discussed above. F. Low Cost-Recovery Services Based on the criteria discussed above, the following types of services should have very low-cost recovery goals. In selected circumstances, there may be specific activities within the broad scope of services provided that should have user charges associated with them. However, the primary source of funding for the operation should be general-purpose revenues, not user fees. 1. Delivering public safety emergency response services such as police patrol services and fire suppression. 2. Maintaining and developing public facilities that are provided on a uniform, community -wide basis such as streets, parks and general-purpose buildings. 3. Providing social service programs and economic development activities. G. Recreation Programs The following cost recovery policies apply to the City's recreation programs: 1. Cost recovery for activities directed to adults should be relatively high. 2. Cost recovery for activities directed to youth and seniors should be relatively low. In those circumstances where services are similar to those provided in the private sector, cost recovery levels should be higher. Although ability to pay may not be a concern for all youth and senior participants, these are desired program activities, and the cost of determining subsidy need may be greater than the cost of providing a uniform service fee structure to all participants. Further, there is a community -wide benefit in encouraging high- levels of participation in youth and senior recreation activities regardless of financial status. 3. Cost recovery goals for recreation activities are set as follows: High-Range Cost Recovery Activities - (60% to 100%) a. Adult athletics b. Banner permit applications c. Childcare services d. Facility rentals (indoor and outdoor; excludes use of facilities for internal City uses) Mid-Range Cost Recovery Activities - (30% to 60%) e. Triathlon f. Golf g. Summer and Spring Break Camps h. Classes i. Major commercial film permit applications Item 8 Packet Page 132 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan Low-Range Cost Recovery Activities- (0 to 30%) j. Aquatics k. Community gardens l. Junior Ranger camp m. Minor commercial film permit applications n. Skate park o. Parks and Recreation sponsored events (except for Triathlon) p. Youth sports q. Teen services r. Senior/boomer services 4. For cost recovery activities of less than 100%, there should be a differential in rates between residents and non-residents. However, the Director of Parks and Recreation is authorized to reduce or eliminate non - resident fee differentials when it can be demonstrated that: a. The fee is reducing attendance. b. And there are no appreciable expenditure savings from the reduced attendance. 5. Charges will be assessed for use of rooms, pools, gymnasiums, ball fields, special-use areas, and recreation equipment for activities not sponsored or co-sponsored by the City. Such charges will generally conform to the fee guidelines described above. However, the Director of Parks and Recreation is authorized to charge fees that are closer to full cost recovery for facilities that are h eavily used at peak times and include a majority of non-resident users. 6. A vendor charge of at least 10 percent of gross income will be assessed from individuals or organizations using City facilities for moneymaking activities. 7. Director of Parks and Recreation is authorized to offer reduced fees such as introductory rates, family discounts and coupon discounts on a pilot basis (not to exceed 18 months) to promote new recreation programs or resurrect existing ones. 8. The Parks and Recreation Department will consider waiving fees only when the City Manager determines in writing that an undue hardship exists. H. Development Review Programs The following cost recovery policies apply to the development review programs: 1. Services provided under this category include: a. Planning (planned development permits, tentative tract and parcel maps, rezonings, general plan amendments, variances, use permits). b. Building and safety (building permits, structural plan checks, inspections). c. Engineering (public improvement plan checks, inspections, subdivision requirements, encroachments). d. Fire plan check. 2. Cost recovery for these services should generally be very high. In most instances, the City's cost recovery goal should be 100%. Item 8 Packet Page 133 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 3. However, in charging high-cost recovery levels, the City needs to clearly establish and articulate standards for its performance in reviewing developer applications to ensure that there is “value for cost.” 4. Building Permit Plan Check Services – The City of San Luis Obispo offers building permit plan check services through consultants at a set price, not to exceed 65% of the City’s fee for the service. Building Permit Plan Check Services are offered by the City on a 100% cost-recovery basis, and the service is provided after the fee is paid in full. As a result, the Finance Director is authorized to make appropriations from the related revenue account to cover the cost of services provided. I. Comparability with Other Communities In setting user fees, the City will consider fees charged by other agencies in accordance with the following criteria: 1. Surveying the comparability of the City's fees to other communities provides useful background information in setting fees for several reasons: a. They reflect the "market" for these fees and can assist in assessing the reasonableness of San Luis Obispo’s fees. b. If prudently analyzed, they can serve as a benchmark for how cost-effectively San Luis Obispo provides its services. 2. However, fee surveys should never be the sole or primary criteria in setting City fees as there are many factors that affect how and why other communities have set their fees at their levels. For example: a. What level of cost recovery is their fee intended to achieve compared with the City’s cost recovery objectives? b. What cost have been considered in computing the fees? c. When was the last time that comparison fees were comprehensively evaluated? d. What level of service do those communities provide compared with the City’s service or performance standards? e. Is their rate structure significantly different than the City’s and what is it intended to achieve? 3. These can be very difficult questions to address in fairly evaluating fees among different communities. As such, the comparability of the City’s fees to other communities should be one factor among many that is considered in setting City fees. ENTERPRISE FUND FEES AND RATES A. Water, Sewer and Parking. The City will set fees and rates at levels which fully cover the total direct and indirect costs—including operations, capital outlay, and debt service—of the following enterprise programs: water, sewer and parking. For Water and Sewer, the rate setting process will be in accordance with Proposition 218 and its notification requirements. B. Transit. Based on targets set under the Transportation Development Act, the City will strive to cover at least twenty percent of transit operating costs with fare revenues. C. Ongoing Rate Review. The City will review and adjust enterprise fees and rate structures as required to ensure that they remain appropriate and equitable. Item 8 Packet Page 134 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan D. Cost of Service Fees. The City will treat the water and sewer fund in the same manner as if they were privately owned and operated. This means assessing reasonable cost of service fees in fully recovering services costs. The purpose of the cost of service fee is reasonable cost recovery for the use of the City’s services such as street right-of-way and public safety. The appropriateness of charging the water and sewer fund a reasonable cost of service fee for the use of the City streets is further supported by the results of studies from Arizona, California, Ohio, and Vermont which concluded that the leading cause of street resurfacing and reconstruction is street cuts and trenching for Utilities. REVENUE DISTRIBUTION The Council recognizes that generally accepted accounting principles for state and local governments discourage the “earmarking” of General Fund revenues, and accordingly, the practice of designating General Fund revenues for specific programs should be minimized in the City's management of its fiscal affairs. Approval of the following revenue distribution policies does not prevent the Council from directing General Fund resources to other functions and programs as necessary. A. Property Taxes. With the passage of Proposition 13 on June 6, 1978, California cities no longer can set their own property tax rates. In addition to limiting annual increases in market value, placing a cei ling on voter- approved indebtedness, and redefining assessed valuations, Proposition 13 established a maximum county-wide levy for general revenue purposes of 1% of market value. Under subsequent state legislation, which adopted formulas for the distribution of this countywide levy, the City now receives a percentage of total property tax revenues collected countywide as determined by the State and administered by the County Auditor-Controller. The City receives 14.9% of each dollar collected in property tax after allocations to school districts. Accordingly, while property revenues are often thought of local revenue sources, in essence they are State revenue sources, since the State controls their use and allocation. With the adoption of a Charter revision in November 1996, which removed provisions that were in conflict with Proposition 13 relating to the setting of property tax revenues between various funds, all property tax revenues are now accounted for in the General Fund. B. Gasoline Tax Subventions. All gasoline tax revenues (which are restricted by the State for street-related purposes) will be used for maintenance activities. Since the City's total expenditures for gas tax eligible programs and projects are much greater than this revenue source, operating transfers will be made from the gas tax fund to the General Fund for this purpose. This approach significantly reduces the accounting efforts required to meet State reporting requirements. C. Transportation Development Act (TDA) Revenues. All TDA revenues will be allocated to alternative transportation programs, including regional and municipal transit systems, bikeway improvements, and other programs or projects designed to reduce automobile usage. Because TDA revenues will not be allocated for street purposes, it is expected that alternative transportation programs (in conjunction with other state or federal grants for this purpose) will be self-supporting from TDA revenues. D. Parking Fines. All parking fine revenues will be allocated to the parking fund, except for those collected by Police staff (who are funded by the General Fund) in implementing neighborhood wellness programs. INVESTMENTS Item 8 Packet Page 135 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan A. Responsibility. Investments and cash management are the responsibility of the City Treasurer or designee. It is the City’s policy to appoint the Finance Director as the City’s Treasurer. B. Investment Objective. The City's primary investment objective is to achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default. Accordingly, the following factors will be considered in priority order in determining individual investment placements: 1. Safety 2. Liquidity 3. Yield C. Tax and Revenue Anticipation Notes: Not for Investment Purposes. There is an appropriate role for tax and revenue anticipation notes (TRANS) in meeting legitimate short-term cash needs within the fiscal year. However, many agencies issue TRANS as a routine business practice, not solely for cash flow purposes, but to capitalize on the favorable difference between the interest cost of issuing TRANS as a tax-preferred security and the interest yields on them if re-invested at full market rates. As part of its cash flow management and investment strategy, the City will only issue TRANS or other forms of short-term debt if necessary, to meet demonstrated cash flow needs; TRANS or any other form of short-term debt financing will not be issued for investment purposes. As long as the City maintains its current policy of maintaining fund/working capital balances that are 20% of operating expenditures, it is unlikely that the City would need to issue TRANS for cash flow purposes except in very unusual circumstances. D. Selecting Maturity Dates. The City will strive to keep all idle cash balances fully invested through daily projections of cash flow requirements. To avoid forced liquidations and losses of investment earnings, cash flow and future requirements will be the primary consideration when selecting maturities. E. Diversification. As the market and the City's investment portfolio change, care will be taken to maintain a healthy balance of investment types and maturities. F. Authorized Investments. The City will invest only in those instruments authorized by the California Government Code Section 53601. The City will not invest in stock, will not speculate and will not deal in futures or options. The investment market is highly volatile and continually offers new and creative opportunities for enhancing interest earnings. Accordingly, the City will thoroughly investigate any new investment vehicles before committing City funds to them. G. Authorized Institutions. Current financial statements will be maintained for each institution in which cash is invested. Investments will be limited to 20 percent of the total net worth of any institution and may be reduced further or refused altogether if an institution's financial situation becomes unhealthy. H. Consolidated Portfolio. In order to maximize yields from its overall portfolio, the City will consolidate cash balances from all funds for investment purposes and will allocate investment earnings to each fund in accordance with generally accepted accounting principles. I. Safekeeping. Ownership of the City's investment securities will be protected through third-party custodial safekeeping. J. Investment Management Plan. The City Treasurer will develop and maintain an Investment Management Plan that addresses the City's administration of its portfolio, including investment strategies, practices and procedures. Item 8 Packet Page 136 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan K. Investment Oversight Committee. As set forth in the Investment Management Plan, this committee is responsible for reviewing the City’s portfolio on an ongoing basis to determine compliance with the City’s investment policies and for making recommendations to the City Treasurer (Finance Director regarding investment management practices. Members include the Mayor, one member of the public, the City Manager, the Accounting Manager/Controller, the Principal Budget Analyst, and the Finance Director/City Treasurer serving as the commission chair. Budget Manager. The member of the public shall be appointed by the City Council in accordance with the City’s process for appointing advisory body members. L. Reporting. The City Treasurer will develop and maintain a comprehensive, well-documented investment reporting system, which will comply with Government Code Section 53607. This reporting system will provide the Council and the Investment Oversight Committee with appropriate investment performance information. M. Investment Philosophy. The City is dedicated to socially responsible investing and has adopted an ESG investment strategy that excludes investments in tobacco products, weapon production, and fossil fuels. APPROPRIATIONS LIMITATION A. The Council will annually adopt a resolution establishing the City's appropriations limit calculated in accordance with Article XIII-B of the Constitution of the State of California, Section 7900 of the State of California Government Code, and any other voter approved amendments or state legislation that affect the City's appropriations limit. B. The supporting documentation used in calculating the City's appropriations limit and projected appropriations subject to the limit will be available for public and Council review at least 10 days before Council consideration of a resolution to adopt an appropriations limit. The Council will generally consider this resolution in connection with final approval of the budget. C. The City will strive to develop revenue sources, both new and existing, which are consid ered non-tax proceeds in calculating its appropriations subject to limitation. D. The City will annually review user fees and charges and report to the Council the amount of program subsidy, if any, that is being provided by the General or Enterprise Funds. E. The City will actively support legislation or initiatives sponsored or approved by League of California Cities which would modify Article XIII-B of the Constitution in a manner which would allow the City to retain projected tax revenues resulting from growth in the local economy for use as determined by the Council. F. The City will seek voter approval to amend its appropriation limit at such time that tax proceeds are in excess of allowable limits. FUND BALANCE AND RESERVES A. Minimum Fund and Working Capital Balances. The City will maintain a restricted minimum fund balance of at least 20% of operating expenditures in the General Fund and a minimum working capital balance of 20% of operating expenditures in the water, sewer and parking enterprise funds. This is considered the minimum level necessary to maintain the City's credit worthiness and to adequately provide for: Item 8 Packet Page 137 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 1. Economic uncertainties, local disasters, and other financial hardships or downturns in the local or national economy. 2. Contingencies for unseen operating or capital needs. 3. Cash flow requirements. B. Fleet Replacement. For the General Fund fleet, the City will establish and maintain a Fleet Replacement Fund to provide for the timely replacement of vehicles and related equipment with an individual replacement cost of $15,000 or more. The City will maintain a restricted minimum fund balance in the Fleet Replacement Fund equal to $500,000 for the emergency replacement of vehicles that are damaged beyond repair, and are either not covered under the City’s property insurance program or the vehicle has a high replacement cost and insurance proceeds will be inadequate to provide for the vehicle’s replacement (fire engine). Above this contingency level, the amount retained in this fund, coupled with the annual contributions received by it from any source, shall be adequate to fully fund the equipment replacements approved in the Financial Plan. If in any given year, the minimum fund balance is depleted for above mentioned uses and as approved by the City Council, it shall be replenished over the next two-year Financial Plan period. Interest earnings and the proceeds from the sales of surplus equipment as well as any related damage and insurance recoveries will be credited to the Fleet Replacement Fund. C. Information Technology (IT) Replacement Fund. The City will establish an IT Replacement Fund for the General Fund to provide for the timely replacement of information technology, both hardware and software, with an individual replacement cost of $25,000 or more. During the 2015-17 Financial Plan period, the City will establish and maintain a restricted minimum fund balance in this fund equal to $400,000 for the emergency replacement of equipment that is damaged beyond repair and not covered under the City’s property insurance program. If in any given year, the minimum fund balance is depleted for above mentioned uses and as approved by the City Council, it shall be replenished over the next two-year Financial Plan period. Interest earnings and the proceeds from the sale of surplus equipment as well as any related damage and insurance recoveries will be credited to the fund. D. Major Facility Replacement Fund. The City will maintain a reserve within this fund for the purpose of funding the cost of improvements having a cost of $25,000 or more to city-owned, general government building and structures. The amount retained in this fund, coupled with annual contributions received by it from any source, to adequately fund maintenance and replacement of City facilities. E. Infrastructure Investment Fund. The City will maintain a reserve within this fund for the purpose of funding infrastructure projects that contribute to improved economic development and enhanced quality of life in the City of San Luis Obispo. The following evaluation criteria shall be applied to project eligibility: 1. The use of City funds shall not offset any cost that would be expected to be paid to meet the fair share obligation of any developer. 2. The use of City funds shall not offset a project specific cost identified through the environmental review process or under existing regulations or policies. 3. The use of funds shall support a project that would not otherwise be feasible due to economic, timing or other issues outside control of the project proponents or the City. Item 8 Packet Page 138 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 4. The project shall provide public benefit by contributing to economic development and quality of life within the City. E. Insurance Fund. The City shall maintain an Insurance Fund to manage payments for liability, workers’ compensation, crime, pollution, special events, property, and volunteer insurance. Within the Insurance Fund, a self-insured retention (SIR) will be set aside to cover expenses associated with claims from the Excess Liability Insurance Program. The SIR will be funded based on 150% (75% confidence level) of the previous five -year average claims experience (claims paid, reserves for known claims, and administrative expenses). The Insurance Fund will maintain a reserve sufficient to guard against substantial claims which will be determined based on annual actuarial report information. The City will establish an Insurance Benefit Fund for the purposes of setting funds aside to manage the fluctuations in liability and worker’s compensation insurance programs. A reserve within the Insurance Benefit Fund for the Liability Excess Insurance Program will be maintained at approximately 75% funded confidence level based on the prior five-year average claims experience and current claim reserves. F. There will be additional funds set aside in fund balance to cover unanticipated fluctuations in claims. The amount will be determined by actuarial report information.If required due to depletion of fund balance, sufficient annual appropriations will be transferred to the Insurance Fund from the General Fund in the amount needed to ensure the 150% funding status. G. Water and Sewer Rate Stabilization Reserves. The City will maintain a reserve for the purposes of offsetting unanticipated fluctuations in Water Fund or Sewer Fund revenues to provide financial stability, including the stability of revenues and the rates and charges related to each Enterprise. The funding target for the Rate Stabilization Reserve will be 10% of sales revenue in the Water Fund and 5% of sales revenue in the Sewer Fund. Conditions for utilization and plan for replenishment of the reserve will be brought to Council for its consideration during the preparation and approval of the Financial Plan or as may become necessary during any fiscal year. H. Future Capital Project Designations. The Council may designate specific fund balance levels for future development of capital projects that it has determined to be in the best long -term interests of the City. For example, replacement of critical information technology infrastructure or other projects. I. Other Designations and Reserves. In addition to the designations noted above, fund balance levels will be sufficient to meet funding requirements for projects approved in prior years which are carried forward into the new year; debt service reserve requirements; reserves for encumbrances; and other reserves or designations required by contractual obligations, state law, or generally accepted accounting principles. J. General Fund Revenue Stabilization Fund. The City will maintain a restricted reserve for the purposes of offsetting unanticipated fluctuations in general fund revenues to provide financial stability. The funding target for the Revenue Stabilization Reserve will be $1,000,000 during the term of the adopted Fiscal Health Response Plan. Use and allocations of funds of the Revenue Stabilization Fund will be made upon Council approvals of the Financial Plan or as becomes necessary during any fiscal year. K. Capital Projects Reserve Fund. The City will maintain a restricted reserve in its Capital Outlay Fund of $500,000 for the purposes of offsetting unanticipated cost increases, unforeseen conditions, and urgent unanticipated projects to provide continued investment in infrastructure maintenance and enhancement. Use and allocations of funds from the Capital Projects Reserve Fund will be made to Capital Projects including Fleet, Information Technology, and Major Facility Replacement upon Council approvals of the Financial Plan or as necessary during any fiscal year. Item 8 Packet Page 139 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan CAPITAL IMPROVEMENT MANAGEMENT A. Capital Improvement Plan (CIP) Projects: $25,000 or More. Construction projects and equipment purchases which cost $25,000 or more will be included in the Capital Improvement Plan (CIP and are accounted for in the Capital Outlay Fund. Minor capital outlays of less than $25,000 will be included with the operating program budgets. Such projects are accounted for in the Capital Outlay Fund. B. CIP Purpose. The purpose of the CIP is to systematically plan, schedule, and finance capital projects to ensure cost-effectiveness as well as conformance with established policies. The CIP is a five-year plan organized into the same functional groupings used for the operating programs. The CIP will reflect a balance between capital replacement projects that repair, replace or enhance existing facilities, equipment or infrastructure; and capital facility projects that significantly expand or add to the City's existing fixed assets. C. Project Manager. Every CIP project will have a project manager who will prepare the project proposal, ensure that required phases are completed on schedule, authorize all project expenditures, ensure that a ll regulations and laws are observed, and periodically report project status. D. CIP Review Committee. Headed by the City Manager or designee, this Committee will review project proposals, determine project phasing, recommend project managers, review and evaluate the draft CIP budget document, and report CIP project progress on an ongoing basis. E. CIP Phases. The CIP will emphasize project planning, with projects progressing through at least two and up to ten of the following phases: 1. Designate. Appropriates funds based on projects designated for funding by the Council through adoption of the Financial Plan. 2. Study. Concept design, site selection, feasibility analysis, schematic design, environmental determination, property appraisals, scheduling, grant application, grant approval, specification preparation for equipment purchases. 3. Environmental Review. EIR preparation, other environmental studies. 4. Real Property Acquisitions. Property acquisition for projects, if necessary. 5. Site Preparation. Demolition, hazardous materials abatements, other pre-construction work. 6. Design. Final design, plan and specification preparation and construction cost estimation. 7. Construction. Construction contracts. 8. Construction Management. Contract project management and inspection, soils and material tests, other support services during construction. 9. Equipment Acquisitions. Vehicles, heavy machinery, computers, office furnishings, other equipment items acquired and installed independently from construction contracts. 10. Debt Service. Installment payments of principal and interest for completed projects funded through debt financings. Expenditures for this project phase are included in the Debt Service section of the Financial Plan. Item 8 Packet Page 140 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan Generally, it will become more difficult for a project to move from one phase to the next. As such, more projects will be studied than will be designed, and more projects will be designed than will be constructed o r purchased during the term of the CIP. F. CIP Appropriation. The City’s annual CIP appropriation for study, design, acquisition and/or construction is based on the projects designated by the Council through adoption of the Financial Plan. Adoption of the Financial Plan CIP appropriation does not automatically authorize funding for specific project phases. This authorization generally occurs only after the preceding project phase has been completed and approved by the Council and costs for the succeeding phases have been fully developed. Accordingly, project appropriations are generally made when contracts are awarded. If project costs at the time of bid award are less than the budgeted amount, the balance will be unappropriated and returned to fund balance or allocated to another project. If project costs at the time of bid award are greater than budget amounts, five basic options are available: 1. Eliminate the project. 2. Defer the project for consideration to the next Financial Plan period. 3. Rescope or change the phasing of the project to meet the existing budget. 4. Transfer funding from another specified, lower priority project. 5. Appropriate additional resources as necessary from fund balance. G. CIP Budget Carryover. Appropriations for CIP projects lapse three years after budget adoption. Projects which lapse from lack of project account appropriations may be resubmitted for inclusion in a subsequent CIP. Project accounts, which have been appropriated, will not lapse until completion of the project phase. H. Program Objectives. Project phases will be listed as objectives in the program narratives of the programs, which manage the projects. I. Public Art. CIP projects will be evaluated during the budget process and prior to each phase for conformance with the City's public art policy, which generally requires that 1% of eligible project construction costs be set aside for public art. Excluded from this requirement are underground projects, utility infrastructure projects, funding from outside agencies, and costs other than construction such as study, environmental review, design, site preparation, land acquisition and equipment purchases. It is generally preferred that public art be incorporated directly into the project, but this is not practical or desirable for all projects; in this case, an in-lieu contribution to public art will be made. To ensure that funds are adequately budgeted for this purpose regardless of whether public art will be directly incorporated into the project, funds for public art will be identified separately in the CIP. J. General Plan Consistency Review. The Planning Commission will review the Preliminary CIP for consistency with the General Plan and provide is findings to the Council prior to adoption. K. Climate Action Plan Implementation. Council adopted Resolution No. 11159 (2020 Series) establishes a goal of communitywide carbon neutrality by 2035 and municipal operations carbon neutrality by 2030. The City’s Capital Improvement Program is a critical implementation tool, and every CIP will be evaluated for alignment with these climate goals. Examples of ways projects or project components can align the with goals include (but are not limited to): 1. Elimination or reduction of vehicle miles traveled (e.g., active transportation and transit improvements), 2. Elimination or reduction of fossil fueled appliances, vehicles, and equipment, 3. Reduced energy consumption (e.g., efficient mechanical equipment, efficient lighting, etc.) 4. Carbon storage through tree planting or landscape management, and 5. Solid waste/ green waste diversion Item 8 Packet Page 141 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan CAPITAL FINANCING AND DEBT MANAGEMENT A. Capital Financing 1. The City will consider the use of debt financing only for one-time capital improvement projects and only under the following circumstances: a. When the project’s useful life will exceed the term of the financing. b. When project revenues or specific resources will be sufficient to service the long-term debt. c. When the longevity of the asset will serve current and future populations and should therefore consider spreading the cost to users over the lifetime of the asset. 2. Debt financing will not be considered appropriate for any recurring purpose such as current operating and maintenance expenditures. The issuance of short-term instruments such as revenue, tax or bond anticipation notes is excluded from this limitation. (See Investment Policy) 3. Capital improvements will be financed primarily through user fees, service charges, assessments, special taxes or developer agreements when benefits can be specifically attributed to users of the facility. Accordingly, development impact fees should be created and implemented at levels sufficient to ensure that new development pays its fair share of the cost of constructing necessary community facilities. For Community Facilities Districts please see section E. 4. Transportation impact fees are a major funding source in financing transportation system improvements. However, revenues from these fees are subject to significant fluctuation based on the rate of new development. Accordingly, the following guidelines will be followed in designing and building projects funded with transportation impact fees: a. The availability of transportation impact fees in funding a specific project will be analyzed on a case - by-case basis as plans and specification or contract awards are submitted for City Manager or Council approval. b. If adequate funds are not available at that time, the Council will make one of two determinations: • Defer the project until funds are available. • Based on the high priority of the project, advance funds from the General Fund, which will be reimbursed as soon as impact fee funds become available. Repayment of General Fund advances will be the first use of transportation impact fee funds when they become available. 5. The City will use the following criteria to evaluate pay-as-you-go versus long-term financing in funding capital improvements: a. Factors Favoring Pay-As-You-Go Financing 1. Current revenues and adequate fund balances are available, or project phasing can be accomplished. 2. Existing debt levels adversely affect the City's credit rating. 3. Market conditions are unstable or present difficulties in marketing. Item 8 Packet Page 142 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan b. Factors Favoring Long-Term Financing 1. Revenues available for debt service are deemed sufficient and reliable so that long-term financings can be marketed with investment grade credit ratings. 2. The project securing the financing is of the type, which will support an investment grade credit rating. 3. Market conditions present favorable interest rates and demand for City financings. 4. A project is mandated by state or federal requirements, and resources are insufficient or unavailable. 5. The project is immediately required to meet or relieve capacity needs and current resources are insufficient or unavailable. 6. The life of the project or asset to be financed is 10 years or longer. 7. Vehicle leasing when market conditions and operational circumstances present favorable opportunities. B. Debt Management 1. The City will not obligate the General Fund to secure long-term financings except when marketability can be significantly enhanced. 2. An internal feasibility analysis will be prepared for each long-term financing which analyzes the impact on current and future budgets for debt service and operations. This analysis will also address the reliability of revenues to support debt service. 3. The City will generally conduct financings on a competitive basis. However, negotiated financings may be used due to market volatility or the use of an unusual or complex financing or security structure. 4. The City will seek an investment grade rating (Baa/BBB or greater) on any direct debt and will seek credit enhancements such as letters of credit or insurance when necessary for marketing purposes, availability and cost-effectiveness. 5. The City will monitor all forms of debt annually coincident with the City's Financial Plan preparation and review process and report concerns and remedies, if needed, to the Council. 6. The City will diligently monitor its compliance with bond covenants and ensure its adherence to federal arbitrage regulations. 7. The City will maintain good, ongoing communications with bond rating agencies about its financial condition. The City will follow a policy of full disclosure on every financial report and bond prospectus (Official Statement). C. Debt Capacity 1. General Purpose Debt Capacity. The City will carefully monitor its levels of general-purpose debt. Because our the City’s general-purpose debt capacity is limited, it is important that we the City only use general purpose debt financing for high-priority projects where we the City cannot reasonably use other financing methods for two key reasons: a. Funds borrowed for a project today are not available to fund other projects tomorrow. Item 8 Packet Page 143 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan b. Funds committed for debt repayment today are not available to fund operations in the future. In evaluating debt capacity, general-purpose annual debt service payments should generally not exceed 10% of General Fund revenues; and in no case should they exceed 15%. Further, direct debt will not exceed 2% of assessed valuation; and no more than 60% of capital improvement outlays will be funded from long - term financings. 2. Enterprise Fund Debt Capacity. The City will set enterprise fund rates at levels needed to fully cover debt service requirements as well as operations, maintenance, administration and capital improvement costs. The ability to afford new debt for enterprise operations will be evaluated as an integral part of the City’s rate review and setting process. D. Independent Disclosure Counsel The following criteria will be used on a case-by-case basis in determining whether the City should retain the services of an independent disclosure counsel in conjunction with specific project financings: 1. The City will generally not retain the services of an independent disclosure counsel when all of the following circumstances are present: a. The revenue source for repayment is under the management or control of the City, such as general obligation bonds, revenue bonds, lease-revenue bonds or certificates of participation. b. The bonds will be rated or insured. 2. The City will consider retaining the services of an independent disclosure counsel when one or more of following circumstances are present: a. The financing will be negotiated, and the underwriter has not separately engaged an underwriter’s counsel for disclosure purposes. b. The revenue source for repayment is not under the management or control of the City, such as land- based assessment districts, tax allocation bonds or conduit financings. c. The bonds will not be rated or insured. d. The City’s financial advisor, bond counsel or underwriter recommends that the City retain an independent disclosure counsel based on the circumstances of the financing. E. Land-Based Financings 1. Public Purpose. There will be a clearly articulated public purpose in forming an assessment or special tax district in financing public infrastructure improvements. This should include a finding by the Council as to why this form of financing is preferred over other fu nding options such as impact fees, reimbursement agreements or direct developer responsibility for the improvements. New development should generally be expected to “pay its own way,” (i.e., provide funding through one mechanism or another that funds its “proportional share” of public improvement and infrastructure costs and ongoing operations and maintenance costs). (1) The City will consider the use of city-based funding sources to fund public facility and infrastructure improvements that provide for the health, safety and welfare of existing and future residents and/or provide measurable economic development and fiscal benefits. In evaluating whether the City will use city-based funding sources, the following evaluation criteria should be considered: Item 8 Packet Page 144 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan (a) Significant public benefit, demonstrated by compliance with and furtherance of General Plan goals, policies, and programs (b) Alignment with the Major City Goals and other important objectives in place at the time of the application (c) Head of Household Job Creation (d) Housing Creation (e) Circulation/Connectivity Improvements (f) Net General Fund fiscal impact (2) The City generally will not fund or offer public financing for infrastructure improvements that confer only private benefit to individual property owners or development projects. (3) The City shall seek continuity (or improvements to) existing levels of municipal service by assuring adequate funding for the City’s operation, maintenance and infrastructure replacement costs.” 2. Eligible Improvements. Except as otherwise determined by the Council when proceedings for district formation are commenced, preference in financing public improvements through a special tax district shall be given for those public improvements that help achieve clearly identified community facility and infrastructure goals in accordance with adopted facility and infrastructure plans as set forth in key policy documents such as the General Plan, Specific Plan, Facility or Infrastructure Master Plans, or Capital Improvement Plan. Such improvements include study, design, construction and/or acquisition of: a. Public safety facilities. b. Water supply, distribution and treatment systems. c. Waste collection and treatment systems. d. Major transportation system improvements, such as freeway interchanges; bridges; intersection improvements; construction of new or widened arterial or collector streets (including related landscaping and lighting); sidewalks and other pedestrian paths; transit facilities; and bike paths. e. Storm drainage, creek protection and flood protection improvements. f. Parks, trails, community centers and other recreational facilities. g. Open space. h. Cultural and social service facilities. i. Other governmental facilities and improvements such as offices, information technology systems and telecommunication systems. School facilities will not be financed except under appropriate joint community facilities agreements or joint exercise of powers agreements between the City and school districts. 3. Active Role. Even though land-based financings may be a limited obligation of the City, we will play an active role in managing the district. This means that the City will select and retain the financing team, Item 8 Packet Page 145 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan including the financial advisor, bond counsel, trustee, appraiser, disclosure counsel, assessment engineer and underwriter. Any costs incurred by the City in retaining these services will generally be the responsibility of the property owners or developer, and will be advanced via a deposit when an application is filed; or will be paid on a contingency fee basis from the proceeds from the bonds. 4. Credit Quality. When a developer requests a district, the City will carefully evaluate the applicant’s financial plan and ability to carry the project, including the payment of assessments and special taxes during build-out. This may include detailed background, credit and lender checks, and the preparation of independent appraisal reports and market absorption studies. For districts where one property owner accounts for more than 25% of the annual debt service obligation, a letter of credit further securing the financing may be required. 5. Reserve Fund. A reserve fund should be established in the lesser amount of: the maximum annual debt service; 125% of the annual average debt service; or 10% of the bond proceeds. 6. Value-to-Debt Ratios. The minimum value-to-debt ratio should generally be 4:1. This means the value of the property in the district, with the public improvements, should be at least four times the amount of the assessment or special tax debt. In special circumstances, after conferring and receiving the concurrence of the City’s financial advisor and bond counsel that a lower value-to-debt ratio is financially prudent under the circumstances, the City may consider allowing a value-to-debt ratio of 3:1. The Council should make special findings in this case. 7. Appraisal Methodology. Determination of value of property in the district shall be based upon the full cash value as shown on the ad valorem assessment roll or upon an appraisal by an independent Member Appraisal Institute (MAI). The definitions, standards and assumptions to be used for appraisals shall be determined by the City on a case-by-case basis, with input from City consultants and district applicants, and by reference to relevant materials and information promulgated by the State of California, including the Appraisal Standards for Land-Secured Financings prepared by the California Debt and Investment Advisory Commission. 8. Capitalized Interest During Construction. Decisions to capitalize interest will be made on case-by-case basis, with the intent that if allowed, it should improve the credit quality of the bonds and reduce borrowing costs, benefiting both current and future property owners. 9. Maximum Burden. Annual assessments (or special taxes in the case of Mello-Roos or similar districts) should generally not exceed 1% of the sales price of the property; and total property taxes, special assessments and special taxes payments collected on the tax roll should generally not exceed 2%. 10. Benefit Apportionment. Assessments and special taxes will be apportioned according to a formula that is clear, understandable, equitable and reasonably related to the benefit received by—or burden attributed to—each parcel with respect to its financed improvement. Any annual escalation factor should generally not exceed 2%. F. Development Impact Fees Guidelines and Policies Development impact fees are one-time fees levied on new development, typically levied at the time building permits are issued, to fund a range of the City’s public facilities and infrastructure. Such fees are levied both on a citywide basis as well as for specific areas (e.g., the Specific Plan Areas). The levy of development impact fees is regulated by the State’s Mitigation Fee Act (Government Code Section 66000 et seq.). 1. Development impact fees should be set, consistent with the statutory “nexus” analysis and findings, to fund new development’s proportional share of public facility and infrastructure costs. Item 8 Packet Page 146 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 2. Improvements funded by development impact fees should be referenced generally in the appropriate planning documents (e.g., General Plan, Specific Plans, etc.) and reflected in the City’s Capital Improvement Program. 3. An exception to this policy may be created by a development agreement between the City and a private developer. In this case public investments are offset by measurable public benefits. 4. The City’s development impact fees can be “leveraged” through the use of fee credit and reimbursement agreements with developers and landowners. 5. The City’s aggregate fee levels should not render new development that is otherwise consistent with City plans and regulations economically infeasible. Aggregate fee levels should be evaluated in terms of a reasonable standard, but not a strict limit (e.g., aggregate fee levels should not exceed an average of approximately 10 to 12 percent of the market value of the new development, either on a per-unit or per-square foot basis). 6. The City may consider reductions or waivers of its development impact fees in cases where a development project meets specific City planning or economic development policies such as affordable housing projects. In such cases the amount of funding foregone must be replaced with other funding sources available to the City. 1. Special Tax District Administration. In the case of Mello-Roos or similar special tax districts, the total maximum annual tax should not exceed 110% of annual debt service. The rate and method of apportionment should include a back-up tax in the event of significant changes from the initial development plan and should include procedures for prepayments. 1. Community Facilities Districts or Assessment Districts offer a way to fund infrastructure, maintenance, or municipal services through special taxes or assessments levied on property owners benefiting from the thus-funded improvements or services. It can be used for both capital improvements and ongoing facility maintenance or services. 2. The City will consider the formation of financing districts using the State’s assessment law or the Mello-Roos Community Facilities Act for its newly developing areas on a case- by-case basis, consistent with technical analysis and City priorities (i.e., capital or ongoing funding). 3. The City will consider the effect of the special tax on the City’s ability to issue General Obligation bonds or other property-based tax measures. 4. Such districts should fund infrastructure or services serving or otherwise providing benefit to the area subject to the assessment or special tax. 5. Such districts can fund public facilities or infrastructure otherwise funded with the City’s development impact fees or project-specific exactions. In such cases the area’s development impact fee obligations will be adjusted proportionately. Item 8 Packet Page 147 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 6. Within any such districts, property value-to-lien ratio should, consistent with typical underwriting standards, be at least 4.0:1 after calculating the value of the financed public improvements to be installed and considering any prior or pending special taxes or improvement liens. 7. Consistent with underwriting standards and market considerations, and as a matter of policy, the City will limit the maximum amount of special taxes to be levied on any parcel of property within a Community Facilities District, in any given fiscal year, together with the general property taxes, general obligation bonds, and other special taxes and assessments levied on such parcel, shall not exceed an amount equal to one and eight - tenths percent (1.8 percent) of the projected assessed value of the parcel (and improvements if applicable). How the special tax capacity is allocated between capital and ongoing expenditures will depend upon the City’s priorities. 8. The City shall have discretion to allow a special tax in excess of the established limits for any lands within the CFD which are designated for commercial or industrial uses. 9. As a part of such district formations, the City will retain a special tax consultant to prepare a report which recommends a special tax rate and method for the proposed CFD and evaluates the special tax proposed to determine its ability to adequately fund identified public facilities, City administrative costs, services (if applicable) and other related expenditures. 2. Foreclosure Covenants. In managing administrative costs, the City will establish minimum delinquency amounts per owner, and for the district as a whole, on a case-by-case basis before initiating foreclosure proceedings. 3. Disclosure to Bondholders. In general, each property owner who accounts for more than 10% of the annual debt service or bonded indebtedness must provide ongoing disclosure information annually as described under SEC Rule 15(c)-12. 4. Disclosure to Prospective Purchasers. Full disclosure about outstanding balances and annual payments should be made by the seller to prospective buyers at the time that the buyer bids on the property. It should not be deferred to after the buyer has made the decision to purchase. When appropriate, applicants or property owners may be required to provide the City with a disclosure plan. G. Conduit Financings 1. The City will consider requests for conduit financing on a case-by-case basis using the following criteria: a. The City’s bond counsel will review the terms of the financing and render an opinion that there will be no liability to the City in issuing the bonds on behalf of the applicant. b. There is a clearly articulated public purpose in providing the conduit financing. c. The applicant is capable of achieving this public purpose. 2. This means that the review of requests for conduit financing will generally be a two-step process: a. First asking the Council if they are interested in considering the request and establishing the ground rules for evaluating it. Item 8 Packet Page 148 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan b. And then returning with the results of this evaluation and recommending approval of appropriate financing documents if warranted. This two-step approach ensures that the issues are clear for both the City and applicant, and that key policy questions are answered. 3. The workscope necessary to address these issues will vary from request to request and will have to be determined on a case-by-case basis. Additionally, the City should generally be fully reimbursed for its cost in evaluating the request; however, this should also be determined on a case-by-case basis. B. Refinancings 1. General Guidelines. Periodic reviews of all outstanding debt will be undertaken to determine refinancing opportunities. Refinancings will be considered (within federal tax law constraints) under the following conditions: a. There is a net economic benefit. b. It is needed to modernize covenants that are adversely affecting the City’s financial position or operations. c. The City wants to reduce the principal outstanding in order to achieve future debt service savings, and it has available working capital to do so from other sources. 2. Standards for Economic Savings. In general, refinancings for economic savings will be undertaken whenever net present value savings of at least five percent (5%) of the refunded debt can be achieved. a. Refinancings that produce net present value savings of less than five percent will be considered on a case-by-case basis, provided that the present value savings are at least three percent (3%) of the refunded debt. b. Refinancings with savings of less than three percent (3%), or with negative savings, will not be considered unless there is a compelling public policy objective. C. Enhanced Infrastructure Financing District (EIFD) Guidelines and Policies a. EIFD financing should be considered for public facilities or infrastructure improvements that confer Citywide citywide and/or regional benefits. This may include the “City share” of infrastructure included in the City’s development impact fees. b. Unless there is a Development Agreement in place that provides otherwise, EIFDs should not be used to fund real estate projects’ proportional share of infrastructure costs otherwise included in the City’s development impact fees or charged as project-specific exactions (e.g., subdivision improvements). c. City should consider EIFDs when more than one local government jurisdiction is participating to produce maximum benefit. d. At the time of formation of the EIFD (or if changes to the EIFD are contemplated), the City should require a fiscal impact analysis to determine if an EIFD is fiscally prudent and analyze opportunity cost to the City’s General Fund. Item 8 Packet Page 149 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan HUMAN RESOURCE MANAGEMENT A. Regular Staffing 1. The budget will fully appropriate the resources needed for authorized regular staffing and will limit programs to the regular staffing authorized. 2. Regular employees will be the core work force and the preferred means of staffing ongoing, year-round program activities that should be performed by full-time City employees rather than independent contractors. The City will strive to provide competitive compensation and benefit schedules for its authorized regular work force. Each regular employee will: a. Fill an authorized regular position. b. Be assigned to an appropriate bargaining unit, unless designated as an unrepresented management or confidential classification. c. Receive salary and benefits consistent with labor agreements or other compensation plans. 3. To manage the growth of the regular work force and overall staffing costs, the City will follow these procedures: a. The Council will authorize all regular positions. b. The Human Resources Department will coordinate and approve the hiring of all regular and supplemental staff. c. All requests for additional regular positions will include evaluations of: • The necessity, term, and expected results of the proposed activity. • Staffing and materials costs including salary, benefits, equipment, uniforms, clerical support, and facilities. • The ability of private industry to provide the proposed service. • Additional revenues or cost savings, which may be realized. 4. Periodically, and before any request for additional regular positions, programs will be evaluated to determine if they can be accomplished with fewer regular employees. (See Productivity Review Policy) 5. Staffing and contract service cost ceilings will limit total expenditures for regular employees, supplemental staff, and independent contractors hired to provide operating and maintenance services. B. Supplemental Staff 1. The hiring of supplemental staff will not be used as an incremental method for expanding the City's regular work force. 2. Supplemental staff include all employees other than regular employees, elected officials and volunteers. Supplemental staff include seasonal or occasional employees, employees with irregular schedules, limited benefit employees, temporary employees, contract employees, CalPERS retired annuitants, and leased employees. temporary employees, interns, and contract employees. Supplemental staff may work on a full- time or part-time basis and will generally augment regular City staffing. Supplemental staff may be used as extra-help during peak workloads, as coverage during extended absences of regular employees, seasonal workforce, as a means to assess ongoing staffing needs, or as the staffing method for program delivery that is most effectively staffed using part-time hours to ensure adequate coverage. Item 8 Packet Page 150 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 3. The City Manager and Department Heads will encourage the use of supplemental staff rather than regular employees to meet peak workload requirements, fill interim vacancies, and accomplish tasks where less than full-time, year-round staffing is required. Under this guideline, supplemental staff hours will generally not exceed 50% of a regular, full-time position (1,000 hours annually). There may be limited circumstances where the use of supplemental staff on an ongoing basis in excess of this target may be appropriate due to unique programming or staffing requirements. However, any such exceptions must be approved by the City Manager based on the review and recommendation of the Human Resources Director. 4. Contract employees are defined as supplemental staff with written contracts approved by the Human Resources Director and City Attorney who may receive approved benefits Contract employees will generally be used for medium-term (generally between six months and two years) projects, programs or activities requiring specialized or augmented levels of staffing for a specific period. 5. Leased employees are employed during short-term, peak workload assignments to be accomplished using personnel contracted through an outside employment agency (OEA). In this situation, it is anticipated that City staff will closely monitor the work of leased employees and minimal training will be required. However, they will always be considered the employees of the OEA and not the City. All placements through an OEA will be coordinated through the Human Resources Department and subject to the approval of the Human Resources Director. The services of contract employees will be discontinued upon completion of the assigned project, program , or activity. Accordingly, contract employees will not be used for services that are anticipated to be delivered on an ongoing basis and as such, a determination as to the expected need will be made at the end of each contract term and prior to extending or renewing a contract. C. Overtime Management 1. Overtime should be used only when necessary and when other alternatives are not feasible or cost effective. 2. All overtime must be pre-authorized by a department head or delegate unless it is assumed pre -approved by its nature. For example, overtime that results when an employee is assigned to standby and/or must respond to an emergency or complete an emergency response. 3. Departmental operating budgets should reflect anticipated annual overtime costs and departments will regularly monitor overtime use and expenditures. 4. When considering the addition of regular or supplemental staffing, the use of overtime as an alternative will be considered. The department will take into account: a. The duration that additional staff resources may be needed. b. The cost of overtime versus the cost of additional staff. c. The skills and abilities of current staff. d. Training costs associated with hiring additional staff. e. The impact of overtime on existing staff. D. Independent Contractors 1. Independent contractors are not City employees. They are used in Short-term, peak workload assignments to be accomplished using personnel contracted through an outside temporary employment agency (OEA). Item 8 Packet Page 151 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan In this situation, it is anticipated that City staff will closely monitor the work of OEA employees and minimal training will be required. However, they will always be considered the employees of the OEA and not the City. All placements through an OEA will be coordinated through the Human Resources Department and subject to the approval of the Human Resources Director. Construction of public works projects and delivery of operating, maintenance or specialized professional services not routinely performed by City employees. Such services will be provided without close supervision by City staff, and the required methods, skills and equipment will generally be determined and provided by the contractor. Contract awards will be guided by the City's purchasing policies and procedures. (See Contracting for Services Policy) PRODUCTIVITY Ensuring the “delivery of service with value for cost” is one of the key concepts embodied in the City's Mission Statement (San Luis Obispo Style— Quality With Vision). To this end, the City will constantly monitor and review its methods of operation to ensure that services continue to be delivered in the most cost-effective manner possible. This review process encompasses a wide range of productivity issues, including: A. Analyzing systems and procedures to identify and remove unnecessary review requirements. B. Evaluating the ability of new technologies and related capital investments to improve productivity. C. Developing the skills and abilities of all City employees. D. Developing and implementing appropriate methods of recognizing and rewarding exceptional employee performance. E. Evaluating the ability of the private sector to perform the same level of service at a lower cost. F. Periodic formal reviews of operations on a systematic, ongoing basis. G. Maintaining a decentralized approach in managing the City's support service functions. Although some level of centralization is necessary for review and control purposes, decentralization supports productivity by: 1. Encouraging accountability by delegating responsibility to the lowest possible level. 2. Stimulating creativity, innovation, and individual initiative. 3. Reducing the administrative costs of operation by eliminating unnecessary review procedures. 4. Improving the organization's ability to respond to changing needs and identify and implement cost -saving programs. 5. Assigning responsibility for effective operations and citizen responsiveness to the department. H. Maintaining City purchasing policies and procedures that are as efficient and effective as possible. CONTRACTING FOR SERVICES A. General Policy Guidelines Item 8 Packet Page 152 Attachment G - Budget and Fiscal Policies for 21-23 Financial Plan 1. Contracting with the private sector for the delivery of services provides the City with a significant opportunity for cost containment and productivity enhancements. As such, the City is committed to using private sector resources in delivering municipal services as a key element in our continuing efforts to provide cost-effective programs. 2. Private sector contracting approaches under this policy include construction projects, professional services, outside employment agencies and ongoing operating and maintenance services. 3. In evaluating the costs of private sector contracts compared with in-house performance of the service, indirect, direct, and contract administration costs of the City will be identified and considered. 4. Whenever private sector providers are available and can meet established service levels, they will be seriously considered as viable service delivery alternatives using the evaluation criteria outlined below. 5. For programs and activities currently provided by City employees, conversions to contract services will generally be made through attrition, reassignment or absorption by the contractor. B. Evaluation Criteria Within the general policy guidelines stated above, the cost-effectiveness of contract services in meeting established service levels will be determined on a case-by-case basis using the following criteria: 1. Is a sufficient private sector market available to competitively deliver this service and assure a reasonable range of alternative service providers? 2. Can the contract be effectively and efficiently administered? 3. What are the consequences if the contractor fails to perform, and can the contract reasonably be written to compensate the City for any such damages? 4. Can a private sector contractor better respond to expansions, contractions or special requirements of the service? 5. Can the work scope be sufficiently defined to ensure that competing proposals can be fairly and fully evaluated, as well as the contractor's performance after bid award? 6. Does the use of contract services provide us with an opportunity to redefine service levels? 7. Will the contract limit our ability to deliver emergency or other high priority services? 8. Overall, can the City successfully delegate the performance of the service but still retain accountability and responsibility for its delivery? Item 8 Packet Page 153 ATTACHMENT I LONG RANGE CAPITAL IMPROVEMENT PLAN NEEDS 12/3/20 Item 8 Packet Page 154 2 OVERVIEW The Long-Range Capital Improvement Plan Needs provides a glimpse into the future improvement needs of the City as envisioned by the General Plan or other Council adopted plans. Many of our current infrastructure assets are not adequate to handle the needs of the future. Many streets must be built or widened, intersections improved, bicycle facilities added, water lines and sewer lines extended into new areas, and new parks must be built. The Long-Range Capital Improvement Needs can serve as a guide for required future investments to support the General Plan as well as other Council approved policies, plans, and goals in place today. At the time of General Plan build out, the projects included in the Long-Range Capital Improvement Plan Needs would ideally be built and available for use by the community. Annual maintenance needs for City infrastructure are shown below are represent the ideal annual investment. Annual Maintenance Needs Asset Ideal Annual Funding Traffic Management $250,000 Pavement Management $4,400,000 Curb, Gutter, Sidewalks $1,000,000 Flood Control $5,300,000 Sidewalk Ramps $580,000 Parks Play Equipment $150,000 Water Systems $3,100,000 Sewer Systems $2,800,000 Buildings $1,570,000 Bike Path Maintenance $100,000 Openspace Maintenance $150,000 Total $ 19,400,000 Annual maintenance needs of existing assets are an important consideration when considering the one-time implementation cost of long-range infrastructure expansions projects. While the Long-Range Capital Improvement Plan Needs focuses on the new facilities and infrastructure needed to support the City at build-out, the costs to maintain existing assets should also be considered. Ideally, these projects would be built as part of new development taking place in the City, but this may be unrealistic. The City may need to build some of these projects using grant funds, general funds, or some form of debt financing. There also may be opportunities in the future in which to leverage grant funding to build larger infrastructure maintenance projects to complement what new development provides. By considering the Long-Range Capital Improvement Plan Needs in the context of the Financial Plan process, these projects provide an important starting place in assessing which ones might be a high priority to consider in the next funding cycle. The list is a way Item 8 Packet Page 155 3 for the Council to see the long-term infrastructure improvements that are needed and have an “order of magnitude” idea of how much it may cost to fully implement. With this understanding, the Long-Range Capital Improvement Plan Needs is one of the pieces of information for the Council to consider in setting goals and priorities. This Long- Range Capital Improvement Plan Needs is conceptual, and in most cases, the projects have not undergone detailed analysis, nor undergone the rigor of the public review process. They represent City staff’s best assessment of costs and scope based on what is known today but may undergo changes in scope or importance as new challenges and issues emerge over time. In short, this report focuses on presenting the "inventory" of improvements that may be needed at some time in the future, as a starting point in the goal-setting process. A summary of estimated cost of the Long-Range Capital Improvement Plan Needs by function and anticipated funding source is as follows: LONG-TERM CIP SUMMARY BY FUNCTION AND FUNDING SOURCE COMMUNITY & NEIGHBORHOOD LIVABILITY $3,358,000 General Capital Outlay $3,358,000 COMMUNITY SAFETY $131,277,000 General Capital Outlay $125,208,000 Impact Fee $6,069,000 CULTURE & RECREATION $115,827,000 General Capital Outlay $82,827,000 Impact Fee $25,808,000 Park In Lieu $7,192,000 ENVIRONMENTAL HEALTH & OPEN SPACE $23,223,000 General Capital Outlay $15,723,000 State or Federal Grant $7,500,000 FISCAL HEALTH & GOVERNANCE $13,160,000 General Capital Outlay $13,160,000 INFRASTRUCTURE & TRANSPORTATION $700,511,000 Airport Area Impact Fee $5,000,000 Debt Financing $18,656,000 Developer Contribution $30,825,000 General Capital Outlay $243,491,000 Parking Fund $10,010,000 Sewer Fund $130,000,000 State or Federal Grant $62,096,000 Transportation Impact Fee $104,694,000 Water Fund $77,500,000 Total $987,356,000 Existing city funding is available for a portion of the Annual Maintenance needs in the first chart. Those funds are primarily Local Revenue Measure, State Gas Tax, General Fund, Item 8 Packet Page 156 4 and Water and Sewer funds. As shown in the second chart, funding sources for the Long- Range needs as shown in the chart below include Impact Fees, Developer contributions, enterprise fund sources (Water, Sewer, Parking and Transit), grant funds, and General Fund. A project listing of the Long-Range Capital Improvement Plan Needs by function and estimated project cost is as follows: COMMUNITY & NEIGHBORHOOD LIVABILITY $3,358,000 Emerson Park Rehabilitation $1,276,000 Emerson Park Restroom $638,000 Mission Plaza Restroom Replacements and Enhancements $1,444,000 COMMUNITY SAFETY $131,277,000 Fire Station 1: Maintenance Building $2,800,000 Fire Station 1: Provide Additional Operational Area $3,758,000 Fire Station 2 Replacement $11,716,000 Fire Station 3 Replacement $18,548,000 Fire Station 4 Replacement $13,527,000 Fire Station 5: New Fire Station $12,574,000 Police Response Vehicles $399,000 Police Station Replacement $47,435,000 Stormwater Resource Plan Implementation $1,620,000 Waterway Management Plan Implementation $18,900,000 CULTURE & RECREATION $115,827,000 Implementation of Parks Master Plan $49,758,000 Laguna Lake Golf Course Club House $4,681,000 Mitchell Park Senior Center Expansion and Renovation $1,102,000 New Park Amenities $378,000 Orcutt Area Neighborhood Parks $7,192,000 Parks and Recreation Administration Expansion and Renovation $6,780,000 Replacement of the Ludwick Community Center $24,244,000 Sinsheimer Stadium: Concession and Restroom Replacement $3,480,000 Swim Center Site and Deck Improvements $18,212,000 ENVIRONMENTAL HEALTH & OPEN SPACE $23,223,000 Buses to Trails Implementation $44,000 Electric Fleet Vehicle Charging Stations $309,000 Laguna Lake Dredging $13,920,000 Open Space Acquisition $8,950,000 FISCAL HEALTH & GOVERNANCE $13,160,000 Bark (“Dog”) Park(s) $624,000 Implement Accessibility Improvements $2,016,000 Mission Plaza Revitalization $7,656,000 San Luis Creek Walkway Expansion $2,864,000 Item 8 Packet Page 157 5 INFRASTRUCTURE & TRANSPORTATION $700,511,000 Bishop and Roundhouse Street Connection $13,200,000 Bob Jones Trail Connections: Marsh Street to Prado and Los Osos Valley Road to Southern City Limits $11,000,000 Boysen at Santa Rosa Street: Pedestrian and Class I Bike grade separate crossing $3,500,000 Broad at Tank Farm Intersection Improvements $1,500,000 Broad Street Bicycle Boulevard / Anholm Bikeway Including Broad St. Ramp Closure & Bike/Ped Overpass $5,000,000 Broad Street Bike Path: Class I from Rockview to Damon Garcia Sports Fields $800,000 Broad Street Intersection Improvements $6,775,000 Broad/South/Santa Barbara streets Intersection Improvements $300,000 Bus Fleet Expansion: 4 Buses $4,000,000 Cerro Romauldo Bike Path: Class I from Tassajara to Chorro Street $750,000 City Hall Annex Renovation $17,000,000 City Hall Renovation $10,100,000 Citywide Traffic Model Updates and Data Collection $954,000 Class II Bike Lane Installations $3,299,000 Class III Bike Lane Signage and Markings $408,000 Corporation Yard Work Area Rehabilitation $583,000 Creek Walk Expansion under Broad Street Bridge $6,237,000 Downtown Bikeways & Bike Blvds $2,000,000 Downtown Lighting Installations $630,000 Downtown Multimodal Street Conversion (Type A) $53,157,000 Downtown Multimodal Street Conversion (Type B) $7,157,000 Downtown Multimodal Street Conversion (Type C) $5,893,000 Downtown Multimodal Street Conversion (woonerfs) $15,312,000 Downtown Sidewalk Installations $1,159,000 Ella Street Bike Boulevard $50,000 Extend Prado Road: Higuera Street to Broad Street $26,526,000 Fixilini & Flora Bike Boulevard $450,000 Higuera at Tank Farm: Intersection Improvements $2,000,000 Higuera Widening: High St to Marsh St $2,150,000 Higuera Widening: Madonna Rd to City Limits $5,400,000 Horizon Lane Extension South of Tank Farm $3,000,000 Implementation of IT Strategic Plan $17,000,000 Intersection Control Upgrades $20,000,000 Jennifer Street Bridge Morro St. Expansion $500,000 Laguna Lake Bikeways $6,576,000 Los Osos Valley Road Interchange Class I Bike Underpass $1,000,000 Madonna Class I (Hwy 101 to Oceanaire) $1,500,000 Item 8 Packet Page 158 6 Marsh & Higuera 2-Way Conversion $3,770,000 Marsh at Higuera Intersection Improvements $5,123,000 Water Distributions Master Plan Implementation $50,000,000 Parking Meter Expansion $350,000 Multimodal Street Conversion Studies $477,000 New Street Lights $964,000 Orcutt at Johnson Intersection Improvements $2,000,000 Orcutt at Tank Farm Intersection Improvements $1,700,000 Orcutt Road Bridge over Railroad Tracks $20,000,000 Parking Structure: Palm and Nipomo Street $43,000,000 Pedestrian and Bicycle Bridge: Bullock to Industrial over Railroad Tracks $2,703,000 Pedestrian and Bicycle Bridge: Over Tank Farm along east side of railroad tracks $1,178,000 Pedestrian and Bike Bridge: Penny Lane over railroad tracks $53,000 Prado at Higuera Intersection Improvements $2,500,000 Prado Road Bridge and Road Widening $14,720,000 Prado Road Interchange $58,090,000 Prado Road Widening: West of Higuera Street widening $12,000,000 Property Acquisitions - Lots E/O Santa Rosa and Downtown $3,000,000 Railroad Safety Trail: Class I Bike Path from Cal Poly to Southern City Limits $12,000,000 Railroad Safety Trail: Pepper Street to the Train Station $176,000 Santa Fe Bike Path: Class I Bike Path from Buckley to Tank Farm $2,863,000 Santa Fe Road Connection: Tank Farm to Prado Road $1,080,000 Sewer Collections Master Plan Implementation $35,000,000 Sewer Treatment and Reclamation Master Plan Implementation $95,000,000 South Broad Street Medians $2,708,000 Tank Farm Creek Bike Path: Class I Bike Path from Buckley to Tank Farm $1,800,000 Tank Farm Road Widening: Horizon to Santa Fe $22,000,000 Transit Center $6,428,000 Upgrade of Pedestrian and Bike Crossing Controls $2,389,000 Upgrade Parking Meters: Coin Meter to Credit Card Capable $300,000 Vachell Lane Bike Path: Class II Lanes on Vachell from Buckley to South Higuera Street $650,000 Water Reuse Master Plan Implementation $2,500,000 Water Treatment Plant Master Plan Implementation $25,000,000 West Side of 101 Bike Path: Class I Bike Path from Broad to Marsh Street $2,000,000 Grand Total $987,356,000 Item 8 Packet Page 159 Department Name: Administration Cost Center: 1021 For Agenda of: January 12, 2021 Placement: Business Estimated Time: 60 Minutes FROM: Derek Johnson, City Manager SUBJECT: CONSIDERATION OF THE DIVERSITY, EQUITY, AND INCLUSION TASK FORCE (DEI-TF) RECOMMENDATIONS RECOMMENDATION Approve a Resolution accepting the recommendations set forth by Diversity, Equity, and Inclusion Task Force (Attachment A). Background In July 2020, the City Council established a DEI Task Force for the purpose of advancing diversity, equity, and inclusion in the City by engaging community leaders to: • Focus on activities that support marginalized racial, ethnic, and cultural groups. • Collect information and insight about advancing DEI in San Luis Obispo. • Develop a notice of funding availability to support the DEI work of proven organizations and recommend applicants for funding. • Provide guidance and a foundation for creating a 2021-2023 DEI-focused Major City Goal. • Strengthen the focus and role of the Human Relations Commission (HRC) to support the City’s vision. DEI-TF Selection Process Twelve SLO County residents (including Councilmember Stewart) were appointed to the task force from a pool of 95 applicants and following interviews of 44 candidates by Councilmember Stewart and Mayor Harmon. Dale Magee and Beya Makekau served as consulting staff to the task force and the City Manager attended all interviews. The City Council selected the 12 task force members in August 2020. Meetings The task force met 14 times from September 10, 2020 through January 7, 2021 via zoom. Task force members contributed hundreds of hours during – and in between – these meetings, which were used to examine equity gaps and the experiences of SLO’s most marginalized communities, and to inform recommendations that would be presented to Council. Representatives of underrepresented communities provided “learning sessions” at most meetings. Item 9 Packet Page 160 Additionally, six task force members served on two Grant Review subcommittees that met a total of six times; and two members contributed more than 40 hours on the Recommendation Development subcommittee. The DEI Task Force held its last meeting on January 7, 2021. Summary of Recommendations The DEI Task Force considered more than 90 recommendations that ranged from direct actions the City has plenary authority over to efforts that the City can influence and support through partnerships and collaboration. The recommendations were categorized within the following informal “focus areas”: 1. City Structure and Organization 2. Policies & Practices 3. Minority Business Support & Attraction 4. SLO Police Department & Community 5. Development of Multicultural Center 6. City - Cal Poly - Cuesta Partnerships 7. City as Influencer (i.e., strategize, collaborate, and use position to advance DEI efforts in the County and beyond) The task force identified five essential recommendations; these are seen as necessary for significant lasting positive change: 1. Adopt a Diversity, Equity & Inclusion Major City Goal for the 2021-23 Financial Plan 2. Establish Office for DEI within the City 3. Develop and Implement DEI strategic plan for the City 4. Commit to ongoing, annual funding of at least $150,000 for DEI high-impact grants 5. Charge the Human Relations Commission to designate Diversity, Equity, and Inclusion as a standing priority Additional “high impact” recommendations were endorsed: 1. Support Feasibility Study of a Multicultural Center 2. Increase Access and Inclusion to Civic Learning and Leadership Opportunities for BIPOC and LGBTQ+ Communities via City-Sponsored Programs 3. Amplify Community-Based Policing and Restorative Practices SLOPD 4. Sponsor community Education Regarding DEI 5. Actively Support and Attract Minority-Owned Businesses 6. Increase Cultural Representation through the Arts 7. Increase support of the Undocumented Community 8. Utilize the Human Relations Commission to steward implementation of recommendations and be standing DEI body HRC Next Steps The HRC held two strategic planning sessions concurrent to the DEI Task Force’s time in service, in anticipation of increasing its role and impact in advancing DEI efforts within the City. The HRC and its current members have affirmed that it is the appropriate body to track and advocate for implementation of the task force’s recommendations and continued DEI work in general. Two HRC members served on the DEI Task Force. Item 9 Packet Page 161 Previous Council or Advisory Body Action The Mayor’s quarterly advisory body meeting of chairpersons were briefed during the process. The HRC was also briefed throughout the process and as mentioned in this report, work began to explore the role, scope, and focus of the HRC to help advance DEI efforts. Policy Context The DEI-TF recommendations provide both tactical and strategic insight and steps to help the City advance the Council’s adopted Vision Statement: The City of San Luis Obispo is a dynamic community embracing its future while respecting its past with core values of civility, sustainability, diversity, inclusivity, regionalism, partnership, and resiliency. Public Engagement All meetings of the DEI Task Force were noticed per the Brown Act. Public comment was received via email, voice mail and live for almost every meeting. ENVIRONMENTAL REVIEW Section 15262 of the California Environmental Quality Act provides a Categorial Exemption for any feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded and does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. FISCAL IMPACT Budgeted: Yes/No Budget Year: 2020-21 Funding Identified: Yes/No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $270,000 $0 $90,000 Unknown State Federal Fees Other: Total $270,000 $0 90,000 Unknown No funding requests are being made at this time and the Council will evaluate which recommendations from the DEI-TF will be considered for funding allocation as part of the 2021- 23 Financial Planning process. Item 9 Packet Page 162 ALTERNATIVES The Council could decide not to accept and file the recommendations. This is not recommended as the DEI-TF report includes actions and steps to help advance the City’s vision statement of diversity and inclusion. Attachments: a - Draft Resolution b - DEI-TF Recommendation Report dated 12/17/2020 Item 9 Packet Page 163 R ______ RESOLUTION NO. _____ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, RECOGNIZING AND RECEIVING THE RECOMMENDATIONS OF THE DIVERSITY, EQUITY, AND INCLUSION TASK FORCE WHEREAS, the City Council has expressed a commitment to making San Luis Obispo a welcoming, inclusive, and safe community for everyone, and to promoting free thought and speech, while condemning racism, hate speech, bigotry, violence, and prejudice; and WHEREAS, as a part of the adoption of the City’s 2019- 2021 Major City Goals, the City Council also set a vision of a dynamic community embracing its future while respecting its past with core values of civility, sustainability, diversity, inclusivity, regionalism, partnership, and resiliency as a guide to approaching the work of the Major City Goals; and WHEREAS, during the July 7, 2020 City Council Meeting, in recognizing the need to continue and formalize these efforts, the City Council created the Diversity, Equity, and Inclusion Task Force (DEI-TF) as part of a wider effort to help make the City an inclusive and safe community for everyone; and WHEREAS, on September 1, 2020 after an application period that received 95 applicants, the City Council appointed twelve San Luis Obispo County residents who displayed commitment to advancing systemic changes as members to the DEI-TF; and WHEREAS, since the task force’s appointment in September, it has met a total of 14 times focusing on their core objectives of completing the outcomes of its charter, including: supporting marginalized communities with direct funding for proven or promising impactful, sustainable projects; completing a framework and potential scope for a 21-23 DEI-focused Major City Goal; and providing a recommendation to the City Council on the role and function of the HRC in relation to DEI efforts; and WHEREAS, additionally, in July of 2020 the City created its first ever internal Diversity, Equity and Inclusion Committee (DEI Committee) comprised of 17 staff members to conduct an Internal Diversity Equity and Inclusion Audit that includes 55 questions in 5 topic areas to identify policies, programs, and practices that support DEI efforts as well as areas for improvement; and WHEREAS, the DEI Committee has been working with Dr. Joy Pederson of Clarity Collective to prioritize a list of over 30 action-items identified during the audit that are aimed at advancing DEI efforts throughout the organization; and WHEREAS, the DEI-TF has worked towards advancing DEI throughout the community, and the DEI Committee has worked towards the same within the organization; the DEI-TF and the DEI Committee have worked independently of each other for the first half of Fiscal Year 2021 and both efforts will help advance DEI efforts the City organization the Community; and Item 9 Packet Page 164 Resolution No. _____ (2021 Series) Page 2 R ______ WHEREAS, Section 15262 of the California Environmental Quality Act provides a Categorial Exemption for any feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded and does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to take the following actions: 1. The recommendations set forth by Diversity, Equity, and Inclusion Task Force as shown in Exhibit A are hereby accepted and shall be filed as reviewed by the City Council on January 12, 2021 and will be considered as part of making future decisions and budget allocations for each two-year Financial Plan. Item 9 Packet Page 165 Resolution No. _____ (2021 Series) Page 3 R ______ 2. The Diversity, Equity, and Inclusion Task Force recommendations are exempt pursuant to Section 15262 of the California Environmental Quality Act because they are made for possible future actions which the City Council has not approved, adopted, or funded. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ____________________________. ____________________________________ Teresa Purrington City Clerk Item 9 Packet Page 166 ADOPTED BY TASK FORCE 12.17.20 RECOMMENDATIONS TO CITY COUNCIL FOR ADVANCING DIVERSITY, EQUITY & INCLUSION IN THE CITY OF SAN LUIS OBISPO Presented by the Diversity, Equity& Inclusion Task Force January 12, 2021 RECOMMENDATIONS TO CITY COUNCIL FOR ADVANCING DIVERSITY, EQUITY AND INCLUSION IN THE CITY OF SAN LUIS OBISPO Exhibit A 12/29Item 9 Packet Page 167 Recommendations to City Council – DEI Task Force – January 2021 1 RECOMMENDATIONS TO CITY COUNCIL FOR ADVANCING DIVERSITY, EQUITY & INCLUSION IN THE CITY OF SAN LUIS OBISPO This report summarizes the work and presents recommendations from the City’s DEI Task Force following three-months of assessment, review, and consideration. TASK FORCE MEMBERS Chair Amman Asfaw –Graduate Student, Cal Poly; Black Student Life leader Vice Chair Michael Boyer – Founder, Diversity Coalition of SLO County, Board President, Stand Strong; CEO, Boys & Girls Club of Mid Central Coast Renoda Campbell – Chair, SLO City Human Relations Commission Dusty Colyer-Worth – SLO Chamber of Commerce; Gala Pride and Diversity Center Noha Kolkailah – Founder/President, Peace Academy; Teacher, SLO High School Maxine Kozler –Advisory Council, Cal Poly Center for Innovation & Entrepreneurship; Advisory Council, Cal Poly Career Services Matthew Melendrez – Executive Team, Lenses DE&I Institute Jenell Navarro – Chair, Ethnic Studies, Cal Poly Vanessa Parsons – Teacher and Equity Team, San Luis Coastal Unified School District Katherine Soule – Director, University of California Cooperative Extension; Board of Directors, Gala Pride and Diversity Center Erica A. Stewart – City Councilmember Oscar Velasco Vargas – Central Coast Coalition for Undocumented Student Success Support Team Beya Makekau – Task Force facilitator; Director, Cal Poly Office of University Diversity & Inclusion Dale Magee – Task Force project manager; Catalyst Consulting Exhibit A 12/29Item 9 Packet Page 168 Recommendations to City Council – DEI Task Force – January 2021 2 VISION & GOALS FOR THE CITY The Diversity, Equity and Inclusion Task Force envisions a San Luis Obispo that is a welcoming and inclusive place that values diversity, promotes equity and belonging, and actively denounces systemic racism and discrimination. The City strives to create policies, systems, environments, and leadership to support diverse lifestyles, cultural richness, and equity in health, education, and financial security. Desired Outcomes for the City The recommendations that follow are focused on systemic change across all City functions, departments, and policies to create a culture of representation, equity, and inclusivity. They are part of the City’s ongoing commitment to achieve lasting change, and work to: c Undo systemic racism, bias, and discrimination c Strengthen a sense of belonging for Black, Indigenous, People of Color (BIPOC), LGBTQ+1, and other marginalized racial, ethnic, and faith-based communities c Increase the City’s cultural competence c Reduce barriers to residing and thriving in the City c Display proactive inclusion of historically underrepresented communities in all aspects of City planning, funding, goal setting, and policy- and decision-making. The efforts outlined in this document are tangible pathways for materializing a City of progress and empowerment. Furthermore, the DEI Task Force recommendations are directly aligned with the eighth guiding principle outlined in the City’s June 2020 Meta Goal : “The city recognizes that social, and economic inequality is embedded in our systems and culture, and that recovery must integrate deep structural transition to support the well-being and empowerment of marginalized communities.” By adopting the recommendations that follow, the Council will demonstrate that San Luis Obispo is a city committed to policies, practices and structures that increase equity, racial justice, and inclusion. 1 LGBTQ+ is an acronym that represents marginalized gender identities, sexual orientation, and gender expression. Exhibit A 12/29Item 9 Packet Page 169 Recommendations to City Council – DEI Task Force – January 2021 3 BACKGROUND Purpose of the DEI Task Force In July 2020, the Council approved the creation of a limited-term DEI Task Force as part of a wider effort to help make San Luis Obispo an inclusive community for everyone and to advise the City in developing recommendations that advance diversity, equity, and inclusion. The task force was comprised of 11 volunteer community members, and Councilmember Erica A. Stewart. City Manager Derek Johnson and consultants Dale Magee and Beya Makekau provided staffing and facilitation support. Charter The task force was chartered to help advance diversity, equity, and inclusion in the city by engaging community leaders and change agents to: 1) Focus on activities that support marginalized racial, ethnic, and cultural groups. 2) Collect information and insight about advancing DEI in San Luis Obispo. 3) Develop a notice of funding availability to support the DEI work of proven organizations and best practices for change. 4) Provide guidance and a foundation for creating a 2021-2023 DEI-focused Major City Goal. 5) Strengthen the focus and role of the Human Relations Commission (HRC) to support the City’s vision. Outcomes 1) Support the work of DEI providers with directed funding for proven or promising impactful, sustainable projects. The task force administered a grant process between September – November 2020. On November 17, 2020, Council approved its recommendations for eight community organizations to receive almost $110,000 in grant funding for projects to advance DEI. 2) Develop a proposed framework and potential scope for a FY21-23 DEI-focused Major City Goal. 3) Provide a recommendation on the role and function of the HRC in relation to DEI efforts This report forwards recommendations for Outcomes #2 and #3. The DEI Task Force completed its work on January 7, 2021 and provided its recommendations to the City Council on January 12, 2021. Exhibit A 12/29Item 9 Packet Page 170 Recommendations to City Council – DEI Task Force – January 2021 4 DEVELOPMENT OF THE RECOMMENDATIONS Demographics & Focus The recommendations in this document are focused on addressing inequities in policies, systems, and environments to improve community social conditions and meet the needs of some of our most marginalized populations. The table below provides city demographics as of July 2019. When compared to state demographics where 36.5% of the population of California identified as white (not Hispanic or Latino), it is clear that systemic and social conditions exist that impact diversity within the City’s population. Source: U.S. Census Bureau City of San Luis Obispo State of California Estimates, July 2019 47,459 39,512,223 Race and Ethnicity White (not Hispanic or Latino) 70.7% 36.5% Black or African American 2.2% 6.5% American Indian and Alaska Native 0.5% 1.6% Asian 5.4% 15.5% Native Hawaiian and Other Pacific Islander 0.0% 0.5% Two or More Races 3.9% 4.0% Latinx 18.3% 39.4% Families and Living Arrangements Language other than English spoken at home (2019) 17.5% 44.2% Education High school graduate or higher, age 25 years+, 2015-2019 92.9% 83.3% Bachelor’s degree or higher, age 25 years+, 2015-2019 50.0% 33.9% Health With a disability, under age 65 years, 2015-2019 5.5% 6.7% Persons without health insurance, under age 65 years 5.1% 8.9% Business Minority-owned firms, 2012 13.5% 45.6% Exhibit A 12/29Item 9 Packet Page 171 Recommendations to City Council – DEI Task Force – January 2021 5 The DEI Task Force focused predominately on the salient needs and experiences of the BIPOC and LGBTQ+ communities. The reality that these groups are some of the smallest in number and most underrepresented within San Luis Obispo drove many of the efforts and strategies found in this document. However, the recommendations are focused on addressing inequities in policies, systems, and environments intended to improve the lived experiences of marginalized communities in San Luis Obispo. Additionally, the task force calls for the City’s ongoing commitment towards engaging and educating the dominant white community to increase awareness and understanding of DEI in San Luis Obispo, and grow broader support for the City’s efforts. This, coupled with prioritizing an equity framework, is the path towards reaching a San Luis Obispo that is safe, inclusive, and just. Approach To achieve the task force’s objectives, of foremost importance was the selection of those who would serve as members. After a robust application and interview process, a panel of diverse San Luis Obispo County residents was appointed. Each member exhibited a holistic approach to equity informed by their expertise and lived experiences. Additionally, consulting staff was retained for their experience in DEI, community change, strategic planning, and program design supported the task force. Research and best practices were woven into overall processes and recommendations. The task force met almost weekly from September 10, 2020 through January 7, 2021. Hundreds of hours were contributed by members; additional hours were contributed by other community members in order to enrich the discussion and the recommendations presented in this report. Most task force meetings were used to elevate the voices of underrepresented communities through “learning sessions.” These were designed to identify the greatest equity gaps in SLO and strategies for addressing those gaps. Learning Session topics focused on local law enforcement/community relations, and the experiences of local Asian Pacific Islander Desi American, Black, Indigenous, Latinx, LGBTQ+, and undocumented communities. They specifically considered: c The most pressing equity gaps and needs of their community. The lived realities for their community in SLO. c Where progress has been made that is encouraging for their community. c What these communities most wanted the DEI Task Force and the City to understand. c What the City can do better for their community and why. Ultimately, the DEI Task Force participated in 14 full membership meetings, six grant-making subcommittee meetings, six learning sessions with representatives of marginalized racial, ethnic, and cultural groups, a meeting with SLOPD leadership, and reviewed needs from 20 community DEI providers (via the DEI grant process) in order to inform and develop the following recommendations. Exhibit A 12/29Item 9 Packet Page 172 Recommendations to City Council – DEI Task Force – January 2021 6 RECOMMENDATIONS With this background in mind, the DEI Task Force curated and considered over ninety recommendations within identified focused areas. They ranged from direct actions the City can control, to efforts that the City can influence and support through partnerships. The focus areas included: 1. City Structure and Organization 2. Policies & Practices 3. Minority Business Support & Attraction 4. SLO Police Department & Community 5. Development of Multicultural Center 6. City - Cal Poly - Cuesta Partnerships 7. City as Influencer2 Among the numerous actions and ideas considered, the DEI Task Force recommends the following as first- step priorities for a comprehensive framework through which the City can systemically and structurally support the advancement of Diversity, Equity, and Inclusion. Recommendations – Essential Recommendation #1 Adopt a Diversity, Equity & Inclusion Major City Goal for FY21-23 Designation of DEI as a Major City Goal will allocate resources, specific work plans, and identified outcomes that will move the community towards the desired broader, lasting change rooted in diversity, equity, and inclusion. Recommendation #2 Establish Office for DEI within the City An office dedicated to DEI is the City’s forward-facing commitment to structural and lasting change. It would create and sustain relationships with marginalized communities and their leaders. This office would support the City’s comprehensive approach to improving DEI, and would work with all departments to improve policies, processes, standard operating procedures, and cultivate a shared responsibility for diversity, equity, and inclusion. Key Elements: c Create a full-time DEI manager position and ensure office is adequately resourced for success c Serve as City liaison and conduit to community, Cal Poly, Cuesta, and other stakeholders c Create formal and informal structures to build community and provide ongoing voice, representation, and guidance to the City c Retain a contracted yak titʸu titʸu yak tiłhini Tribal liaison c Develop and implement a DEI strategic plan; implement applicable DEI Task Force recommendations c Coordinate and advocate for DEI education programs for the public, utilizing proven providers c Support the HRC 2The City will strategize, collaborate, and use its position in the County, region, and beyond to advance DEI efforts. Exhibit A 12/29Item 9 Packet Page 173 Recommendations to City Council – DEI Task Force – January 2021 7 c Maintain robust DEI presence on City’s website c Manage annual DEI grant-making process Recommendation #3 Develop and Implement DEI Strategic Plan for the City Create a strategic plan for a comprehensive DEI Initiative. Include assessment of City policies, practices, environments, and community needs. Ensure that the community is deeply engaged; utilization of the HRC and emeriti DEI Task Force members as part of a steering committee is recommended. A community- partnered approach to strategic planning is essential to removing barriers and making substantial improvements to DEI within the city. Key Elements: c Dedicate specialized resources (staffing, etc.) to conduct thorough assessment and develop effective strategies and workplans with measurable and reportable outcomes c Utilize DEI Task Force’s compilation of recommendations, identified key areas, and suggested approaches as a starting point c Engage the community; create a City/Community strategic planning steering committee Recommendation #4 Commit to ongoing, annual funding of at least $150,000 for DEI High-Impact Grants Continue the 20-21 grant allocation permanently as an annual program dedicated to funding nonprofit organizations that have a track record of operating high impact and relevant programs focused on improving the lives of members of marginalized communities in SLO. Key Elements c Separate funding that augments and compliments Grants in Aid (GIA) funding c Administer through the HRC, manage through the Office for DEI Recommendation #5 Charge the Human Relations Commission to Designate Diversity, Equity and Inclusion as a Standing Priority Key elements c Grant the HRC authority and standing to influence the City’s DEI efforts in the community c Sustain the work of the DEI Task Force c Administer the DEI Grants - as it does the GIA grants c Advise on DEI strategic plan development, implementation, and accountability Exhibit A 12/29Item 9 Packet Page 174 Recommendations to City Council – DEI Task Force – January 2021 8 Recommendations –Additional High Impact Opportunities The following are in no rank order or preference; Council’s equitable attention is encouraged.  Support Feasibility Study of a Multicultural Center Designate a City representative to engage with community and business leaders who are planning the creation of a multicultural center in SLO. Assist in researching the needs, demand, operating models, and overall feasibility. Provide funding to support planning activities. The multicultural center is envisioned as a public/private partnership. It will be a safe place for marginalized populations and cultural organizations to gather and create community, as well as provide community outreach and education. Functions of the center may include cultural exhibits and celebrations, seminars, public meetings, community forums, food programs, and workspace. Key Elements c Designate staff to support the feasibility and planning phases of this endeavor c Provide funding for planning support c Plan for on-going City funding to support operations if a center is opened  Increase Access and Inclusion to Civic Learning and Leadership Opportunities for BIPOC and LGBTQ+ Communities via City-Sponsored Programs Revise and expand existing City-sponsored programs (such as “City 101” and the former Citizen’s Academy –rebranded as “Civic Leadership Academy”), and support development of leadership and internship opportunities - especially for youth - to increase understanding, access, and participation in local government by BIPOC and LGBTQ+ residents. This seeks to increase and diversify the community members who understand, navigate, and actively participate in the governmental systems essential to creating meaningful improvements in the City. Key Elements c Provide information on how the City operates, how to navigate government systems, and create change c Provide training on participating on appointed boards, committees, and commissions, and how to run for elected office c Facilitate participation from a broader, more diverse population on City advisory boards, commissions, and committees by providing stipends, childcare, transportation, etc. Exhibit A 12/29Item 9 Packet Page 175 Recommendations to City Council – DEI Task Force – January 2021 9  Amplify Community-Based Policing and Restorative Practices SLOPD In an effort to align with national trends and best practices the City should identify processes for redirecting funds to increase the ability for social service providers to support in situations where police are currently serving as both responders and providers. Identify and prioritize strategies for alternative methods to policing in the City and commit to intentionally centering the needs of BIPOC community. Promote funding and partnerships to actively engage in restorative justice practices to reduce acts of violence in our community, while reducing recidivism and increasing accountability and healing. Key Elements: c Implement practices from innovative policing models, such as Cahoots (Eugene, OR) c Re-envision and re-design the Police and Community Together (PACT), including stipends for the community partners c Explore ways the City can help expand programs that serve people with mental illness or experiencing homelessness - such as those provided by Transitions-Mental Health Association and CAPSLO - to reduce calls routed to police officers c Increase hiring of Community Service Officers to reduce calls directed towards armed officers c Carefully review new Police Station building program and budget for opportunities to reduce costs to preserve resources for community service investments c Support cannabis code compliance and enforcement through contracted non-sworn enforcement personnel instead of sworn police officers c Actively influence San Luis Obispo County agencies to adequately fund organizations such as Restorative Partners and programs to increase education, training, accountability, and reentry of formerly incarcerated people c Promote programs that acknowledge and address the needs of the victims and survivors Exhibit A 12/29Item 9 Packet Page 176 Recommendations to City Council – DEI Task Force – January 2021 10  Sponsor Community Education Regarding DEI Partner with DEI providers - such as the Diversity Coalition San Luis Obispo County, R.A.C.E. Matters SLO, Cal Poly, Cuesta, Gala Pride and Diversity Center - to expand ongoing community education programs and forums, targeting the dominate populations in the City (i.e. white, heterosexual, cisgender, documented, housed, able-bodied, Christian). Suggested topics: how to be anti-racist, increasing intercultural competence, and understanding unconscious bias. Additionally, the City is requested to leverage existing relationships with SLCUSD to support the development and implementation of current, relevant, culturally competent curriculum and educational programs to youth and educators. Key Elements: c Sponsor and co-host DEI-related trainings and workshops for the entire community c Provide the use of City facilities at a donated or reduce fee to community organizations providing educational programs that support this recommendation c Leverage partnerships with Cal Poly and Cuesta to provide its internal DEI educational programs to the community-at-large c Encourage and support SLCUSD in increasing and improving culturally competent curriculum (e.g. assist in securing grant funding for expert community members, such as the Tribal leaders, to work with curriculum developers)  Actively Support and Attract Minority-Owned Businesses Create programs with local economic development organizations (e.g. SLO Chamber, REACH, CIE/SBDC) that attract and elevate BIPOC, LGBTQ+ and other minority-owned/operated businesses. Promote efforts to attract businesses that support diverse communities and build a welcoming climate (e.g. grocery stores, barbershops). Develop a recognition program for city businesses that actively support and advance DEI. This may be demonstrated by hiring practices, Diversity Values statement, staff training, utilizing minority-owned suppliers, or other contributions to create a welcoming and inclusive business community. Key Elements: c Establish a process for the City to recognize and promote Minority-owned businesses c Implement protocols within the City’s Office of Economic Development to reach out to all existing and new Minority-owned/operated businesses to learn of their experiences operating in SLO, and to identify ways the City can be of support c Establish a City Leadership/Chamber of Commerce / Minority Business Owners’ roundtable c Explore and utilize innovative practices such as micro-loans, targeted-sector recruiting, City- facilitated lending, grants, and crowdfunding Exhibit A 12/29Item 9 Packet Page 177 Recommendations to City Council – DEI Task Force – January 2021 11  Increase Cultural Representation through the Arts Prioritize and fund public art projects that center the history and experiences of the historically marginalized populations. These art projects can improve DEI within SLO by acknowledging the heritage and contemporary experiences of the yak titʸu titʸu yak tiłhini people (Northern Chumash), as well as other marginalized groups. The City should also collaborate with the County and Chamber to utilize their venues for DEI-related educational and creative displays. Artists - including youth artists - who are members of these marginalized populations, should be commissioned. Key Elements: c Commission minority artists to feature art that provides a fuller representation of all communities c Work with Chamber of Commerce to spotlight yak titʸu titʸu yak tiłhini people and other underrepresented communities at the Visitor Center c Seek to engage the yak titʸu titʸu yak tiłhini people to create a cultural art display at San Luis Obispo County Airport  Increase support of the Undocumented Community Increase understanding of the needs and ways to support this vulnerable population. Partner with key organizations, such as Central Coast Coalition for Undocumented Student Success and Promotores, to advance strategies for undocumented individuals’ health, well-being, and success. Key Elements: c Establish a visual way to convey support of the Undocumented community within the City’s departments and throughout its operations. They may include “Undocu-Friendly” logo on City documents, as applicable c Support development of an “Undocu” resource guide c Work with the Community Foundation to increase private funding for scholarships, paid internships, venture capital, etc. (as not eligible for public funding) Exhibit A 12/29Item 9 Packet Page 178 Recommendations to City Council – DEI Task Force – January 2021 12 OUR HOPE FOR OUR CITY The establishment of the DEI Task Force was one step in continuing to address systemic and pervasive discrimination within the City of San Luis Obispo. The task force’s commitment to its charge exemplifies the level of civic passion that exists for cultivating a City organization that is steadfast in improving its policies, practices, and structures that increase diversity and inclusion, reduce bias, and protect the well-being, safety, and empowerment of all its residents. Through adoption of the DEI Task Force’s recommendations, the City Council can implement the expertise -and experiences of - twelve community leaders who represent a wide range of the marginalized populations within San Luis Obispo. If these recommendations are embraced - and systemically and strategically funded in the City’s Financial Plan - the City will send a message that there is an ongoing commitment to improving DEI, as well as let marginalized community members know that they were heard and valued. Going forward - to be successful - the City will have to commit ongoing funding, dedicated staff, priorities, and a willingness to continue to engage in difficult conversations and processes. These recommendations represent a seed of hope. We urge the Council to plant this hope. Ultimately it will require the active participation by City leadership and members of community as a whole to grow this hope into a flourishing San Luis Obispo. Exhibit A 12/29Item 9 Packet Page 179 Recommendations to City Council – DEI Task Force – January 2021 13 APPENDICES APPENDIX A: DEI HIGH -IMPACT FUNDING RECIPIENTS 2020-21 DEI High Impact Grant Recipients Total Budget = $120,000 Total Awarded = $109,800 Organization Program Requested Amount Approved Amount Central Coast Coalition for Undocumented Student Success Community Summit – to be held in SLO $6,000 $10,200 Diversity Coalition San Luis Obispo County Multicultural Center, planning, early operations + Diversity Education & Training in SLO schools $100,000 $10,000 Literacy for Life General operating funds $10,000 $10,000 One Cool Earth Garden/Health curriculum translated into Spanish -SLCUSD elementary + Family Meal Program for English Learners $3,200 $3,200 R.A.C.E. Matters "Belonging 2021" - multimedia arts experience centered on Black community, inclusion/action for all $27,600 $32,600 SLO International Film Festival The Change Makers. Film Festival spotlighting BIPOC filmmakers $7,500 $7,500 SLO Noor Foundation Free Health & Support Services for Uninsured BIPOC Residents $13,100 $20,000 SLO Repertory Theater Yr.-long series of productions, Educational programming, centered on increasing access, diversity, equity, justice $10,000 $16,300 Total of Task Force's Recommendations: Approved by City Council on Nov 17, 2020. $109,800 Exhibit A 12/29Item 9 Packet Page 180 Recommendations to City Council – DEI Task Force – January 2021 14 APPENDIX B: INFORMAL RECOMMENDATIONS & IDEAS – SOURCE COMPILATION The following is a compilation of informal recommendations, ideas and suggestions generated during the DEI Task Force’s time in service. They came from a variety of sources: Learning Session presenters, task force members’ experiences, community suggestions, staff input, city models, best practices, etc. Staff compiled and organized this “laundry list” of recommendations et al for utility only – none are ranked or evaluated in the following; they are just listed. This compilation was used to assist the task force as it started to develop its final recommendations for advancing DEI within San Luis Obispo. The recommendations and ideas (in either column) were not voted on by the task force, nor do the lists imply unanimous agreement or consensus. They do, however, reflect the breadth and diversity of actions the task force considered. FOCUS AREA: City Structure and Organization Recommendation / idea General description - concept – ideas – suggestions - possibilities Establish Office for DEI within the City • Create position to oversee DEI efforts, not charged with doing it all - DEI Manager/Director/CDO / Diversity Liaison - ensure DEI is prioritized, embedded, ongoing • Staff it adequately to achieve goals • Oversee implementation of TF recommendations / DEI Strategic Plan • Report to City Manager • Develops, coordinates, tracks, facilitates work plans • Assists efforts of all Depts related to DEI • Acts as staff liaison to Poly, community – all areas of the community (conduit to community, point person) • Coordinate and align with current internal DEI education efforts • Staff to support the HRC • City's rep on Multicultural Center Viability / Design Group (need more than one rep from community) • Retains Subject Matter Expert • Consider all stakeholders in the community including resistors and their educational needs • Staffing with expertise in public processes, prioritization, grants, know and maneuver in bureaucracy - draw on DEI SMEs experience with racial equity, diversity, and inclusion. • Could provide input into the hiring process for SLO City, help ensure that the City workforce is able to effectively support DEI efforts • Establish an ongoing DEI advisory body (hopefully paid; could this be the HRC?) that will define DEI, identify existing vulnerable populations in the City, and develop a vision statement (advisory body facilitate, complete) DEI Strategic Plan Develop, implement, update annually with work plans Assess existing City policies, procedures, practices, systems, and environments to increase DEI for all vulnerable populations (advisory body facilitate, complete) Exhibit A 12/29Item 9 Packet Page 181 Recommendations to City Council – DEI Task Force – January 2021 15 BIPOC / LGBTQ+ / roundtable/Advisory + Religious Groups Community Rep from each community - meet month/quarterly w City Mngr + Mayor Community representatives vetted by HRC community engagement Paid positions/ stipends Adopt policy to require underrepresented communities, including youth, to have seat on City-controlled commissions, boards, advisories, committees, etc. Paid Indigenous Liaison CA has this at the state level Grant writer Position Part time? Shared with nonprofits? Fund DEI programs - city + community. Leadership position in City for LGBTQ+ issues DEI Office could include multiple positions or identify roles for key community leaders. FOCUS AREA: City Policies & Practices Recommendation / idea General description - concept – ideas - suggestions City DEI values statement/commitment Create strong, clear goals, vision, and mission around DEI Clear, uncompromising message from Council that attitudes of racism, discrimination, are not acceptable Fund DEI Community Grants annually Support BIPOC community's efforts thru funding and other supports At least $150,000 annually Assess existing policies and practices Recommend the TF continue; complete this assessment as a first step Adopt policy to require underrepresented communities have seat on City-controlled commissions, boards, advisories, committees Such as CA AB979. Underrep communities = ppl identify as Black, Latino, Native American, Asian American, Pacific Islander, Native Hawaiian, or Alaska Natives, gay, lesbian, bisexual, or transgender Remove any discriminatory CC&Rs within City's purview Waive fees for property owner to do so Free or reduced public transportation options For people in the hospitality or service industry City Website – improve, enhance Create an anonymous comment box. Place to receive comments on bias, inequities, DEI suggestions, concerns, etc. Links to training, articles, FAQs, education Highlight DEI businesses, DEI Directory, more Pride Index - LGBTQ+ Inclusion City should take this; identify its rating on LGBTQ+ inclusion "Equity Lens" "Cultural Competency Lens" Run all forms, web pages, documents by "cultural competency" reader (e.g. County MH has committee that does this.) Can be quick, embed the practice. Catch things. Internal staff could be trained. City Advisory Boards / Commissions - Facilitate participation for under rep. ppl Provide stipends, childcare, non-traditional meeting hours, transportation Exhibit A 12/29Item 9 Packet Page 182 Recommendations to City Council – DEI Task Force – January 2021 16 Hiring, Recruitment & Outreach All applications, ads in Spanish, ads on Spanish radio stations. Include Diversity questions in hiring, interviews Bilingual forms - Increased usage Every City form should state that Spanish translation is available via pho ne (call for translator) or via Google translation - highlight the link Marketing - City sponsored Should include diverse representation (Currently predominantly white and not bilingual) Align with internal DEI strategies & Efforts Effective working practice, commitment Student Translators - create at least one paid summer internship and/or position for students attending SLO schools Students translate City materials to Spanish and Mixtec Prioritize low-income students Create a task force focused on how Universal Basic Income could be implemented Discussed during Black community learning session (Stockton is a model) Create a task force focused on how American Slavery Reparations could be implemented FOCUS AREA: City-led Economic Development / Minority Business Support & Attraction Recommendation / idea General description - concept – ideas - suggestions Innovative funding Loans, grants, what can the City do, have access to? Utilize City funds, offer attractive terms, go after businesses, help them come to SLO. (e.g. Paso's loan for Sandbox- a model for attracting businesses as part of its econ dev plan, entrepreneurial plan) First focus on existing businesses of color, make them successful, give them support, City-support, have them as ambassadors to bring in other businesses owners of color Implement with inclusive housing policies. If there are no POC living here, POC businesses will struggle Promote Local BIPOC + Queer Entrepreneurship What are these tactics, best practices? Through Cal Poly CIE? Through Cuesta entrepreneurship center? Attract businesses that attract diverse communities - grocery stores, barbershops Identify tactics, best practices City provides economic incentives – loans, grants, private funding, other Host BIPOC+Queer Entrepreneurs Panel Current and past BIPOC/Queer SLO business owners speak about their journey and experience of building a startup that is minority -owned to attract other BIPOC City residents about potential start up ideas. Exhibit A 12/29Item 9 Packet Page 183 Recommendations to City Council – DEI Task Force – January 2021 17 Diversity Pop-Up BIPOC business from across county and neighboring counties increase representation and diversity in SLO via access to food, art, clothes, music etc. Businesses could rotate. Reoccurring business could be aided in finding permanent leases by City. Create Entrepreneurship for Dreamers Follow Undocu Hustle's curriculum that helps undocumented and dreamers build their own business Invite Cuesta college entrepreneurship summit who are helping dreamers and undocumented students build their own business in the time of COVID. City recognizes local businesses that exhibit DEI excellence City highlights BIPOC, LGBTQ, Minority owned or managed businesses DEI -advocate businesses -Businesses that have invested time, energy, resources to DEI commitment; have DEI value statement; Use diverse vendors, Reward businesses, promote on website, other ways SLO City DEI logo sticker in front of business Businesses could be required to post a DEI statement or similar, a measurable rubric - to receive recognition City provides (optional) cultural training for businesses Receive a certification of some sort, in addition to noting a business’s best practices, hiring philosophy, etc. CIE / SBDC opportunities- partner with Cal Poly Entrepreneurial opportunities - BIPOC residents, Undocumented students Commitment to get BIPOC communities in front of investors venture capital pitch contests with DEI Focus (increased access for Spanish speakers) – - bilingual (Spanish/English) around this opportunity. Radio ads in Spanish preferred Work with the SBDC which is already setup to do this for all the Central Coast communities Research and recommend what BIPOC + Queer Entrepreneurs are influential and recommend a list to venture capitalist investors that are looking to invest in BIPOC business. Stronger partnerships with EVC, Reach FOCUS AREA: City-Sponsored Activities - Promoting Awareness & Inclusion Recommendation / idea General description - concept – ideas - suggestions Town Halls & Community Listening Session City hosts and goes out to communities Topics such as: current events, current climate, lived experiences, community needs Trainings - City hosts Education for dominant community. Inclusivity Toolkit (implicit bias, privilege, cultural competence, anti-racism) Web site DEI info, FAQ, references, build community understanding, Northern Chumash History, APIDA history, Community Contacts Survey - community at large Gather data re community’s understanding, concerns and suggestions regarding DEI issues and advancement Exhibit A 12/29Item 9 Packet Page 184 Recommendations to City Council – DEI Task Force – January 2021 18 Citizen Leadership Academy/ City 101 – for anyone – “Civic Leadership Academy” -How to be involved - how to get on boards, councils, advisories, committees, task forces - needs to be relevant, attainable to these communities. In Spanish, too. (In progress) -Training for immigrants and undocumented folks to run for elected positions, enter professions Latinx Leadership Program for Youth Discussed during the Latinx session Support of the Undocumented Community Create "Undocu-friendly" logo - Use on City documents, where applicable Create Undocu Resource Guide Public signifiers of "Undocu-friendly” city/businesses/opportunities Offer ESL classes through the SLO Public Library to help Undocu members and newly arr ived immigrants to increase access to English learning skills Offer job training course for immigrants and Undocu members City Spaces -use. Actively promote DEI activities, sponsor Mission Plaza Ludwick Center / City Hall In the Mission: Host cultural events, resource fairs Displays honoring Indigenous communities (Ludwick, City Hall) City Hosts Art Show. The winner of the art show can make recommendations to the City Council about what and how the next mural would get created. Focus on BIPOC representation in the city of SLO. Public art /murals with Parks & Rec Minority community representation and history Possible Locations: Airport, library, Farmers’ Markets FOCUS AREA: Law Enforcement / SLOPD & Community Recommendation / idea General description - concept – ideas - suggestions Police Training & Mindset -De-escalation/restorative practices should be priority -Required cultural competency training for police -Shift burden from communities understanding Police/centering on the Police, to the Police understanding BIPOC/ centering on BIPOC communities. Strengthen partnership with Restorative Partners program Fund a restorative position Clear relationships with mental health organizations and cultural centers Stronger PD community liaison position / relationship to BIPOC comms Revise PACT Increase community awareness of PACT, what it does, why it exists. SLOPD - Poly PD - Student Coalition TF members be included in hiring of new chief Chief + BIPOC Advisory Group Work with the Sherriff’s departments’ Unity Council. Exhibit A 12/29Item 9 Packet Page 185 Recommendations to City Council – DEI Task Force – January 2021 19 Clearly defined code of conduct for officers that is accessible and comprehensible to the community at large. Could be as simple as a “10 point” list of promises officers make to our community – especially regarding interactions with marginalized communities. New SLOPD Chief - Training in social work / therapy; socio-emotional learning Enact a City Resolution which commits to rejecting any proposed budgetary increases or personnel expansions to SLOPD Measure G funding should go to all city departments EXCEPT the Police department. This will help balance out and equitize the way SLO City allocates money. Do not follow through with the funding for a new SLOPD station Disarm routine patrol officers, starting with the downtown bike patrol End sweeps of houseless encampments done by police officers This would have to be paired with committing to affordable and creative housing policies - these should be done by Social Services, Mental Health, etc. Enact policy for zero tolerance for officer misconduct Fire officers with substantiated misconduct complaints against them (excessive force, sexual assault, etc.) and do not fill the position End the policy of providing paid leave for officers under investigation Downtown/Homeless Outreach Officers - this program should be operated by 40 Prado, TMHA or other social service/trained homeless provider agency, not police Contract with local social service/homeless/mental health organization to provide this program. Current cost is $892,000 for the 6 officers FOCUS AREA: Multicultural Center / Safe Space/ A Hub / Cultural Center Recommendation / idea General description - concept – ideas - suggestions Phase I Planning / Viability Study / Design Convene planning team / study team - community led, City participates, CP + Cuesta input Who’s the lead? Determine level of support, sustainability, vision Vet operating model(s) Write business plan Public/Private partnership. Include Poly? Create as non-profit? City commits resources to planning period, ongoing MOUs / SLAs What's needed / What's wanted? Secure location Secure ongoing funding Exhibit A 12/29Item 9 Packet Page 186 Recommendations to City Council – DEI Task Force – January 2021 20 Phase II On-going Operations BIPOC - centered Community Driven Near a bus line What are the offerings/programming? Free for DEI nonprofits to host workshops Workshops Workshops for Immigrants, skill development series/program as mentioned during the APIDA listening session Participative leisure activities Cultural Events / Showcases Trainings Commercial Kitchen - essential to the operation of an effective Multicultural Center – food connects and is an integral part of cultural identities Community garden Recognize and celebrate all heritage months A space where folks can actively and freely congregate/organize FOCUS AREA: BIPOC Communities - Public Visibility & Representation Recommendation / idea General description - concept – ideas - suggestions Chamber of Commerce Visitor Center work in tandem with the Promotional Coordinating Committee as they are the City entity that directly funds significant portion of Visitor Center’s operations. More education about our diverse community Feature Northern Chumash tribe Airport Displays Honoring Indigenous people of this region Other displays City push County for this. See examples of other airports provided by Northern Chumash presenters Partner with Visit SLOCAL for marketing and display efforts within the Airport Public art /murals – County buildings, schools, private bldgs. Minority community representation and history Use vacant downtown spaces to highlight minority communities. Feature a group for a month – rotate Partner/incentivize landlords to participate Involve Faith community /Leaders in outreach efforts Immigrant Center In conjunction with MCC In conjunction with Citizens’ Academy Exhibit A 12/29Item 9 Packet Page 187 Recommendations to City Council – DEI Task Force – January 2021 21 FOCUS AREA: City/ Cal Poly/ Cuesta Partnership Recommendation / idea General description - concept – ideas - suggestions Regular Leadership roundtable VP Diversity & Inclusion/Office of D&I / ASI presidents City Manager Teach In Program Change the Status Quo Conference Offer to Community Poly’s “State of” Series Expanded access to Community - how? when? Cuesta’s 21 Day Challenge Replicate for City residents CP/ Cuesta Programs in Mission Plaza Cosponsor with Parks &Rec Student Centers – CP’s Partner to fund and operate in the City Education for Dominant / majority community Increase knowledge, change perceptions/attitudes, concerns Volunteer opps for BIPOC students to intern at City In the Office for DEI or any Dept. Establish a college fund for young BIPOC residents; Educational equity With Cal Poly /Private donors/Work with Foundation Culturally competent therapists for undoc students City encourages Cal Poly, Cuesta FOCUS AREA: City as Influencer Recommendation / idea General description - concept – ideas - suggestions County Mental Health / Drug & Alcohol Services - providers need to have "undocumented" and LGBTQ+, cultural competency - More bilingual providers County – Justice System / Law Enforcement ● Sheriff / DA Fund Restorative Partners and restorative justice programs Housing Equity – County Planning + Other Depts, People’s Self-Help Housing Push for fair zoning Reduce discrimination in Section 8 Eliminate restrictive covenants Inclusive housing policies Exhibit A 12/29Item 9 Packet Page 188 Recommendations to City Council – DEI Task Force – January 2021 22 SLCUSD Curriculum changes, fixes, enhancements such as: • Northern Chumash education – more accurate • Remove the 4th grade mission project Host restorative justice approaches to help educators provide emotional support to BIPOC students in current events, climates, and national and state crisis and tragedy events School district should hire a DEI Director Training and cultural competency programming for teachers BIPOC YOUTH Empowerment programs Chamber of Commerce A "Leadership SLO" for diverse populations (Vision Unida was a parallel program for Latinx) Visitor Center suggestions per note in the previous section Community Foundation Participatory grantmaking - How can City bring in the wealth that is in the community, “crowd source” grants to BIPOC applicants. Fund a DEI-focused grant writer Human Relations Commission – Enhance the scope and influence (early ideas generated from preliminary discussions with HRC chair, City staff, TF PM. To vet w/ full TF+HRC) Increase community’s awareness that it exists and understanding of what it does Expand scope, expand impact. To be taken more seriously, appropriately tasked, supported, resourced A driver for change; Increase advisory role to City, how hold City accountable for its commitments to DEI? Increase advocacy role within the community (What is realistic authority, capacity, resources?) Name change - e.g. SLO City Commission on Justice, Equity, Diversity, and Inclusion Host Town Halls, listening sessions, conduct bi-annual DEI community survey Responsible for intentional outreach, engagement and understanding current experiences and needs of margin alized and underrepresented communities in the City A conduit for the community. A body the community can bring concerns or complaints of inequity, bias, suggestions for DEI improvements. A conduit for URM communities to City/Council - via more outreach Steward City's DEI Action Plan - be an implementation partner Revamp its structure. Increase Number of Subcommittees (call Action Groups) to work on various target areas - Housing, Homelessness, DEI, Others? Create Subcommittee (Action Group) Model that includes a commissioner and Community Advocates. Increase Ways for Community and SMEs to be involved; Natural transition for interested TF members Youth involvement on the Commission - Create CP, Cuesta Commission positions, internships Remove Community Development Block Grants tasks; Administer future DEI grant funding cycles Allow non-City residents – must be in Co, w strong ties to City. If not as Commissioner, at least serve on Action Team Exhibit A 12/29Item 9 Packet Page 189 Department Name: Administration Cost Center: 1021 For Agenda of: January 12, 2021 Placement: Business Estimated Time: 30 Minutes FROM: Greg Hermann, Deputy City Manager Prepared By: Teresa Purrington, City Clerk SUBJECT: COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2021 RECOMMENDATION Approve Council Liaison Subcommittee assignments for the calendar year of 2021 (Attachment A). DISCUSSION Every year, councilmembers submit their list of requested Subcommittee assignments. Staff reviewed prior assignments, collected input from Council on their requested assignments for the current year, and proposes the Council Liaison Subcommittee assignments listed in Attachment A. This process differs from previous years as councilmembers requested to discuss some of t he County/Regional Committees and Subcommittee assignments. Policy Context Council Policies and Procedures defines the role, purpose, and attendance of the Council Liaison as: Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. (CP&P 6.1.2) The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. (CP&P 6.1.3) From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body but are there rather to create a linkage between the City Council and advisory body. (CP&P 6.1.6) Public Engagement This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. Item 10 Packet Page 190 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: FY 2020-21 Funding Identified: N/A Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total There are no new fiscal impacts associated with the Council Liaison Subcommittee assignments. ALTERNATIVES Council may decide to forego the recommendations of the Mayor and Vice Mayor and request changes to the Council Liaison Subcommittee assignments. Attachments: a - Subcommittee Liaison Worksheet for 2021 Item 10 Packet Page 191 JanCarlynAndyEricaHeidiCity Advisory BodiesInterview/Rec. Appointment/Facilitate Comm.Meeting Frequency / TimeChairMemberChair MemberActive Transportation CommitteeEvery other month 3rd Thursday at 6:00 PMChristiansonHarmon22121Harmon PeaseAdministrative Review BoardAs needed - only met once a year in 2 yearsStewartHarmon32222Christianson HarmonArchitectural Review Commission1st and 3rd Monday of month - 5:30 PMPeaseGomez22122Pease MarxCitizen's Revenue Enhancement Oversight CommissionMinimum of 4 times per yearStewartGomez22222Stewart MarxConstruction Board of AppealsAs needed - Hasn't met in 3 years GomezHarmon12222Marx HarmonCultural Heritage Committee4th Monday of month - 5:30 PM ChristiansonPease11123Human Relations CommissionQuarterly 1st Wednesday at 5:00 PMHarmonStewart22211Harmon StewartInvestment Oversight Committee(This is not an advisory committee) Any Council Member can be on CommitteeQuarterly usually 3rd Thursday at 1:30 PMHarmon211Stewart HarmonJack House CommitteeEvery other month 2nd Wednesday at 5:30 PMStewartGomez23232Marx PeaseMass Transportation CommitteeEvery other month 2nd Wednesday at 2:30 PMPeaseChristianson222 (but helpful if same as RTA)32Harmon PeaseParks & Recreation Commission1st Wednesday of month at 5:30 PMChristiansonPease12222Marx StewartPersonnel BoardAs needed HarmonStewart32222Stewart ChristiansonPlanning Commission2nd and 4th Wednesday of month -6:00 PMPeaseChristianson21213Christianson PeasePromotional Coordinating Committee2nd Wednesday of every month at 5:30 PMGomezStewart32222Christianson StewartTourism Business Improvement District Board2nd Wednesday of every month at 10:00 AMGomezStewart32232Stewart ChristiansonTree Committee4th Monday of month - 5:00 PM PeaseGomez12221Marx HarmonHousing Authority (Mayor by state mandate)Determined by another agencyHarmonArea Agency on Aging (Mayor)Determined by another agencyHarmonCitizen's Transportation Advisory (CTAC) A SLOCOG Regional Committee (Mayor)Determined by another agencyHarmonCounty/Regional Serves as voting repAir Pollution Control District (APCD)4th Wednesday every odd numbered monthHarmonStewart13231Marx HarmonIntegrated Waste Management Authority (IWMA)2nd Wednesday every 2 months at 1:30 PMGomezPease13223Marx PeaseLand Use/PlanningLAFCO (Liaison only)3rd Thursday of every month at 9:00 AMStewartChristianson23223San Luis Obispo Council of Governments (SLOCOG) Same Council Rep. as SLORTA ($100 stipend per meeting)Jan, Feb, April, June, August October, December at 8:30 AMPeaseHarmon2322320202021Item 10Packet Page 192 JanCarlynAndyEricaHeidi20202021San Luis Obispo Regional Transit Authority (SLORTA) Same Council Rep. as SLOCOG ($50 stipend per meeting)1st Wednesday every other month at 8:30 AMPeaseHarmon23222Advisory/LiaisonCalifornia Mens Colony Citizens Advisory CommitteeEvery 2 months or as needed Christianson Stewart32323Christianson StewartSocial ServicesCommunity Action Partnership3rd Thursday of every month at 5:15 PMStewartHarmon13211 Homeless Services Oversight Committee (HSOC)3rd Wednesday every other month 3:00 PMChristiansonStewart12121WaterCounty Water Resources Adv. Committee (Board of Supervisors ratifies)1st Wednesday of month 1:30 PM PeaseChristianson23123Pease MarxCounty Regional Water Management Group (RWMG)As Needed PeaseGomez23123Pease MarxNacimiento Water ProjectOnce ever 3 months 4:00 PM 4th ThursdayPeaseGomez22123Pease ChristiansonSan Luis Obispo Valley Basin Groundwater Sustainability Agency (GSA) Quarterly 2nd Wednesday of month at 3:30 PMPease Floyd22123Pease Staff - FloydZone 9 Advisory Committee2nd Wednesday of even numbered months 1:30 PMChristiansonGomez22233Christianson MarxEconomic DevelopmentDowntown Association Board (Monthly)2nd Tuesday of the Month 7:30 AMGomezStewart13223Marx PeaseEconomic Vitality Corporation (EVC)4th Wednesday of the month 4:00 PMStewartN/a33 2 (Now REACH) 1Stewart PeaseLiaison to other groups/SubcommitteesAirport Land Use Council Subcommittee3rd Wednesday of the month 1:30 PMChristianson31223Christianson StewartClimate Coalition3rd Thursday of Month at 6:30 PM GomezHarmon23121Pease HarmonCentral Coast Clean Energy (3CE) – Policy Board Director New 2019Quarterly on 1st Wednesday at 9:00 AM or as scheduledHarmonPease13212Stewart MarxLegislative Platform Review Sub-Committee 1st quarter of the yearPeaseChristianson11111Special Purpose SubcommitteeCal Poly Campus Planning Committee(Quarterly)Quarterly GomezN/A 23133Pease MarxCity/University(Quarterly, Mayor / Rotation)QuarterlyMayorMayor's Advisory Body Chair Quarterly Meeting (Mayor / Rotation)Quarterly 2nd Thursday of the month at 11:30MayorStudent Community Liaison Committee(Monthly, Mayor / Rotation)3rd Thursday of every month 3:00 PMMayorCity Selection Committee (Mayor / V. Mayor Alternate) Once a yearHarmon StewartPerforming Arts Center Commission (Mayor / V. Mayor Alternate)QuarterlyHarmon StewartVisit SLO County Adv. Com. (Mayor/ V. Mayor Alt.)3rd Wednesday every month 8:30 AMHarmon StewartWhale Rock Commission (Mayor / V. Mayor Alternate)Once a year April or MayHarmon StewartItem 10Packet Page 193