HomeMy WebLinkAbout02-02-2020 Agenda Packet (2)
Tuesday, February 2, 2021
San Luis Obispo Page 1
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor
of the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the
City of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating
to the convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will
be holding all public meetings via teleconference. There will be no physical location for the Public to
view the meeting. Below are instructions on how to view the meeting remotely and how to leave public
comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to
participate in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are
encouraged to participate in Council meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• View the Webinar (recommended for the best viewing quality):
➢ URL: https://slocity-org.zoom.us/j/93139426027?pwd=SENlbFZqQW9uNFV3bThWY3hERUxkUT09
➢ Telephone Attendee: +1 (669) 669-900-6833
➢ Webinar ID: 931 3942 6027; Passcode: 360398
Note: The City is switching to Zoom Webinar for City Council Meetings. All attendees will enter the
meeting muted. An Attendee tutorial is available on YouTube; please test your audio settings.
• Televised live on Charter Cable Channel 20
• View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city
2. Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
• Mail or Email Public Comment
➢ Received by 3:00 PM on the day of meeting - Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401.
All emails will be archived/distributed to councilmembers, however, submissions after 3:00 p.m. on
the day of the meeting may not be archived/distributed until the following day. Emails will not be
read aloud during the meeting.
• Verbal Public Comment
➢ In Advance of the Meeting - Call (805) 781-7164; state and spell your name, the agenda item
number you are calling about and leave your comment. The verbal comments must be limited to 3
minutes. All voicemails will be forwarded to the Council Members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
➢ During the meeting – Join the webinar (instructions above). Once 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 February 2, 2021 Page 2
6:00 PM
REGULAR MEETING
TELECONFERENCE
Broadcasted via Webinar
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Jan Marx, Andy Pease,
Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon
PLEDGE OF ALLEGIANCE: Council Member Jan Marx
PRESENTATIONS
1. CITY MANAGER REPORT (JOHNSON – 10 MINUTES)
Recommendation:
Receive a brief report from City Manager Derek Johnson.
2. TEEN DATING VIOLENCE AWARENESS MONTH PROCLAMATION
(HARMON – 5 MINUTES)
Recommendation:
Mayor Harmon will proclaim the month of February as “Teen Dating Violence Awareness
Month.”
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
The Council welcomes your input. State law does not allow the Council to discuss or take
action on issues not on the agenda, except that members of the Council or staff may briefly
respond to statements made or questions posed by persons exercising their public testimony
rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be
acted upon at one time. A member of the public may request the Council to pull an item fo r
discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of
the Council chooses another time. The public may comment on any and all items on the
Consent Agenda within the three-minute time limit.
San Luis Obispo City Council Agenda February 2, 2021 Page 3
3.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
4.MINUTES REVIEW - JANUARY 19, 2021 COUNCIL MINUTES (PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on January 19, 2021.
5.2020 OPEN SPACE MAINTENANCE PLAN PROGRESS REPORT
(AVAKIAN / BERGAM)
Recommendation:
Receive and file the Parks and Recreation Department’s Open Space Maintenance Plan 2020
Progress Report.
6.ANNUAL PROGRESS REPORT FOR THE 2020 PARKS AND RECREATION
STRATEGIC PLAN (AVAKIAN / BERGAM)
Recommendation:
Receive and file the Annual Progress Report for the 2020 Parks and Recreation Strategic
Plan.
7.SECOND READING OF ORDINANCE NO. 1691 (2021 SERIES) AMENDING
MUNICIPAL CODE SECTION 9.10 (CANNABIS REGULATIONS) AND 5.10
(CANNABIS BUSINESS TAX) (HERMANN / BAILEY)
Recommendation:
Adopt Ordinance No. 1691 entitled, “An Ordinance of the City Council of the City of San
Luis Obispo, California, amending Title 9 (Public Peace, Morals and Welfare), Chapter 9.10
(Cannabis Regulations) and Title 5 (Licenses, Permits and Regulations), Chapter 5.10
(Cannabis Business Tax) to establish uniform permit renewal requirements.”
8.APPROVE A UTILITY EASEMENT FOR 136 NORTH CHORRO
(CODRON / VAN BEVEREN)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo,
California, approving and authorizing the Mayor to execute an Easement Deed with Pacific
Gas and Electric to allow for utility relocation within the city-owned property at 136 North
Chorro Street.”
San Luis Obispo City Council Agenda February 2, 2021 Page 4
9. AUTHORIZATION TO SUBMIT 2019-20 LOW CARBON TRANSIT OPERATIONS
PROGRAM GRANT APPLICATIONS (HORN / ANGUIANO)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the City Manager or their designee, to file, execute and
fulfill any related Low Carbon Transportation Operations Program Grant Applications,
Certifications, Assurances, Forms, Agreements, and associated documents on behalf of the
City” for Transit Capital Projects.
10. AUTHORIZE APPLICATION FOR THE 2020-21 SENATE BILL 1 (SB1) STATE OF
GOOD REPAIR TRANSIT GRANT FOR BUS SHELTERS (HORN / ANGUIANO)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the application for grant funds for the California Climate
Investments Urban Greening Program.”
11. AUTHORIZATION TO INITIATE PROJECT PLANNING AND DESIGN FOR
PICKLEBALL COURTS AT MITCHELL PARK AND APPROPRIATE PROJECT
BUDGET (AVAKIAN / BERGAM)
Recommendations:
1. Authorize staff to begin design and public input for the grant and impact fee funded
Mitchell Park Pickleball Courts Project; and
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing initiation of project planning and design for Pickleball
Courts at Mitchell Park and appropriating project budget.”
12. APPROVAL OF INSURANCE COVERAGE BONDING CITY OFFICIALS
(IRONS / HAVENS)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo,
California, authorizing Master Bond or purchase of insurance in lieu of purchasing
individual official bonds.”
13. AUTHORIZE A GRANT APPLICATION FOR THE CALIFORNIA NATURAL
RESOURCES AGENCY URBAN GREENING PROGRAM (HORN / RICE)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the application for grant funds for the California Climate
Investments Urban Greening Program.”
San Luis Obispo City Council Agenda February 2, 2021 Page 5
14.AUTHORIZATION TO RELEASE FUNDS FOR THE FIRE STATION 1 AIR
COMPRESSOR PROJECT, SPECIFICATION NO. 1000045 (HORN / BANKER-HIX)
Recommendation:
1.Authorize implementation of the Fire Station 1 Air Compressor Project, Specification
No. 10000045; and
2.Approve the Plans and Specifications for the Fire Station 1 Air Compressor Project,
Specification No. 10000045; and
3.Authorize staff to advertise for bids for electrical work;
4.Approve a Sole Source Purchase with Bauer Compressors in the amount of $74,708.62
for purchase and installation of one air compressor; and
5.Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing use of General Fund Unassigned Working Capital to
support the Fire Station 1 Air Compressor Replacement Project, Specification No.
1000045” authorizing a transfer of $10,000 in undesignated Capital Outlay funds to
support the project.
15.AUTHORIZATION TO ENTER THE COUNTY OF SAN LUIS OBISPO COVID-19
VACCINATION ASSISTANCE AGREEMENT (JOHNSON / AGGSON / BLATTLER)
Recommendation:
Authorize the City Manager to sign the County of San Luis Obispo’s COVID-19
Vaccination Assistance Agreement, and to make minor changes to the Agreement that may
arise, pending formal adoption from the County Board of Supervisors and other participating
agencies.
PUBLIC HEARING AND BUSINESS ITEMS
16.ADOPTION OF THE ACTIVE TRANSPORTATION PLAN
(HORN / SCHWARTZ / FUKUSHIMA – 60 MINUTES)
Recommendation:
1.As recommended by the Planning Commission and Active Transportation Committee,
adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting the Active Transportation Plan and Negative Declaration of
Environmental Impact (EID 0496-2020);” and
2.Authorize the Public Works Director, or their designee, to approve future administrative
revisions to the Active Transportation Plan as necessary, so long as the revisions do not
alter the policy framework, project recommendations, and substantive content of the
February 2021 edition of the Plan, and any such revisions are documented in writing and
provided to the City Clerk for record keeping.
San Luis Obispo City Council Agenda February 2, 2021 Page 6
17. 2020-21 MID-YEAR BUDGET REVIEW (ELKE / HARNETT – 60 MINUTES)
Recommendation:
1. Receive and discuss an update to the City’s work programs, changes in financial
positions, and long-term forecasts based on revised projections for all major funds at the
mid-point of the 2020-21 fiscal year; and
2. Receive an update on the status of the current Meta City Goal; and
3. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving an amendment to the 2020-21 Budget Allocation;” and
4. Approve one full-time equivalent (FTE) position to provide public information and
communications.
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 Po licies and Procedures,
they may provide a reference to staff or other resources for factual information, request staff to
report back to the Council at a subsequent meeting concerning any matter or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The next Special Meeting of the City Council will be held on Saturday, February 6, 2021 at
9:00 a.m., via teleconference.
The next Regular Meeting of the City Council will be held on Tuesday, February 16, 2021 at
6:00 p.m., via teleconference.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public.
Upon request, this agenda will be made available in appropriate alternative formats to persons with
disabilities. Any person with a disability who requires a modification or accommodation in order to
participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least
48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107.
City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or
documents provided to the City Council are available for public inspection in the City Clerk’s Office
located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the
City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City
Clerk’s Office at (805) 781-7100.
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the primer 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 nor smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
in the year 2021.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
2( ofU 2021.
Patricia Horton, New Times Legals
Proof of Publication of
,it
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all interested
persons to participate in a public meeting on Tuesday,
Fehruary 2, W. M 60 p.m. While the Council encourages
public participation, growing concern about the COVID-19
pandemic has required that public meetings be held via
teleconference. Meetings can be viewed on Government
Access Channel 20 or streamed live from the Ciry's YouTube
Channel at hOPJ/yomube.slo.city. Public comment, prior to
the start of the meeting, may be submitted in wrong via U.S.
Mail delivered to the City ClWVs office at 990 Palm Street
San Luis Obispo, CA 93401 or by email to smailcouncilO
slocily.urg.
Public Hearing item
• A Public Hearing to review the Active Transportation
Plan and a Negative Declaration of Environmental
Impact jEID-0496-2020(. The Active Transportation Plan
will update and replace the 2013 Bicycle Transportation
Plan as well as launch the City's first comprehensive
document: on pedestrian policies and projects.
For mum infent8fioo, contact Adam Fukushims, Active
Transportation Manager, for the City's Public Works
Department at (805) 781-7590 or by email, afukushima®
slocilyorg.
The City Council may also discuss other hearings or
business items before or after the items listed above. If you
challenge the proposed project in court You may be limited
to raising only those issues you or someone else raised at
the Public hearing described in this 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
ww,vslociry.org no later than 72 hours Prior to the meeting,
Please call the City Clerk's Office at (805) 781-7100 for more
information. The City Council meeting will be televised live
on Charter Cable Channel 20 and live streaming on the Citys
YouTube channel linpsJ/youtube.slo.city.
Terese Purrington
City Clerk
City of San Luis Obispo
January 21, 2021
n.lmi., & Vo-nnal I. NTMG Admm.MTMG goal RtiSIN fS51 W dv Nrcu,a/Proof.A Pv6
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years. and not a party interested in the
above cr iticd matter. 1 am the principal clerk
of the printer of the 1Veu, 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 andnot in any supplement thereof on
the following dates, to-wir:
in the year 2021.
I terrify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated a�an Luis Obis o, California, this day
Z of Ii 2021.
Patricia Horton, New Times Legals
gJo,n�:, rmm,il�.M1TMG A.fin�n/FTN(, t�inYBJ51NL B�RhJ.' Nsia�+�µool efGW
Proof of Publication of
'
a
11 11691
(2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA. AMENDING TITLE 9
(PUBLIC PEACE, MORALS AND WELFARE), CHAPTER
9.10 ICANNABIS REGULATIONS) AND TITLE 5 (LICENSES,
PERMITS AND REGULATIONS), CHAPTER 5.10(CANNABIS
BUSINESS TAX) TO ESTABLISH UNIFORM PERMIT
RENEWAL REQUIREMENTS
N9,60E IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo, California, at its Regular Meeting of
January 19, 2021, introduced the above tided ordinance
upon a motion by Council Member Christianson, second by
Council Member Pease, and on the following roll call vote:
AYES: Council Member Christianson, Mane,
Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
Ordinance No. 1691 (2021 Series): This minor ordinance
amendment to Chapter 9.10 and Chapter 5.10 of the
Municipal Code requires all operators to renew their
operator permit on the City's Fiscal Year, starting July 1st
and ending June 3Uth of each year. This recommendation
is consistentwith how all other types of Business Licenses
and Tax Certificates under Municipal Code Chapter 3 are
currently renewed in the City of San Luis Obispo. For
businesses that activate their operator permit outside of
the start of the fiscal year, the tee will be prorated from
tW--activation date and will renew on July 1st. This
ordinance amendment will create a more efficient and
consistent process for processing renewals, thereby
minimizing unnecessary administrative time that could
drive additional costs.
A full and complete copy of the Ordinance will be available
for inspection as part of the published agenda packet for
the February 2, 2021 Council Meeting, oryou may call (805)
781-7100 for more information.
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo will consider adopting the Ordinance at
its Regular Meeting of February 2, 2021 a EM p.m. Whila
the Council encourages public participation, growing
concern about the COVID-19 pandemic has required that
public meetings be held via teleconference. Meetings can
be viewed on Government Access Channel 20 or streamed
live from the City's YouTube channel at h dinj/youtube.slo.
city. Public comment, prior to the start of the meeting,
may be submitted in writing to the City Clerk's Office, 990
P2tm Street, San Luis Obispo, CA 93401 or by email to
ernailcouncil®slocity.org.
Teresa Farrington,
City Clark
January2B, 2021
San Luis Obispo Page 1
Tuesday, January 19, 2021
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, January
19, 2021 at 6:03 p.m. by Mayor Harmon, with all Members present via teleconference.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Andy Pease, Jan Marx, 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.
PRESENTATIONS
1. CITY MANAGER REPORT / EMERGENCY SERVICES DIRECTOR COVID-19
UPDATE
City Manager/Emergency Services Director Derek Johnson presented the report.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 2 thru 8.
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San Luis Obispo City Council Minutes of January 19, 2021 Page 2
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
3. MINUTES REVIEW - JANUARY 12, 2021 COUNCIL MINUTES
CARRIED 5-0, to approve the minutes of the City Council meeting held on January 12, 2021.
4. 2020 WATER RESOURCES STATUS REPORT
CARRIED 5-0, to receive and file the City’s 2020 Water Resources Status Report.
5. FY 2019-20 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES UNDER
ASSEMBLY BILL 1600
CARRIED 5-0, to
1. Review the 2019-20 Fiscal Year Report on Development Impact Fees in compliance
with AB 1600 annual disclosure requirements; and
2. Adopt Resolution No. 11209 (2021 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, accepting the 2019-20 Annual Report on
Development Impact Fees reaffirming the necessity of Development Impact Fees and
make findings of Development Impact Fees and make findings related to Impact Fee
Balances and In-Lieu Fees.”
6. AUTHORIZATION TO ADVERTISE JEFFREY SEWER AND WATER
REPLACEMENT, SPECIFICATION NO. 1000090
CARRIED 5-0, to
1. Approve the project plans and specifications for Jeffrey Sewer and Water Replacement,
Specification Number 1000090; and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager 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 publicly disclosed funding amount of $2,410,000; and
4. Adopt Resolution No. 11210 (2021 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, authorizing use of Sewer Fund Unassigned
Working Capital to support sewer replacement work for Jeffrey Sewer and Water
Replacement, Specification No. 1000090” appropriating $300,000 of Sewer Fund
Unassigned Working Capital.
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San Luis Obispo City Council Minutes of January 19, 2021 Page 3
7. AUTHORIZATION TO ADVERTISE BEEBEE / CUESTA / LOOMIS WATERLINE
REPLACEMENT, SPECIFICATION NO. 1000066
CARRIED 5-0, to
1. Approve the project plan and specifications for Beebee / Cuesta / Loomis Waterline
Replacement, Specification Number 1000066; and
2. Authorize staff to advertise for bids; and
3. Authorize the Assistant City Manager 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 $1,700,000; and
4. Adopt Resolution No. 11211 (2021 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, authorizing use of Sewer Fund Unassigned
Working Capital to support sewer replacement work for Beebee / Cuesta / Loomis
Waterline Replacement, Specification No. 1000066” appropriating $300,000 of Sewer
Fund Unassigned Working Capital to the Project Account 1000066.
8. RAILROAD SAFETY TRAIL TAFT TO PEPPER PROJECT, SPECIFICATION NO.
91375, SEWER PIPE RELOCATIONS AND CONSTRUCTION CONTINGENCY
CARRIED 5-0, to adopt Resolution No. 11212 (2021 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, authorizing use of Sewer Fund
Unassigned Working Capital to increase construction contingencies for the Railroad Safety
Trail Taft to Pepper Project, Specification No. 91375, Sewer Pipe Relocations.”
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
9. CANNABIS BUSINESS PROGRAM AND REGULATION UPDATES
Deputy City Manager Greg Hermann and Cannabis Program Coordinator Georgina Bailey
provided an in-depth staff report and responded to Council questions.
Public Comments:
Rachel Salareno
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER PEASE, CARRIED 5-0 to:
1. Receive an update on the City’s Cannabis Business Program; and
2. Adopt Resolution No. 11213 (2021 Series) entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, amending the City’s Master Fee Schedule with updated
User and Regulatory Fees for various commercial cannabis business activities”; and
3. Introduce Ordinance No. 1691 (2021 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, amending Title 9 (Public Peace, Morals and
Welfare), Chapter 9.10 (Cannabis Regulations) and Title 5 (Licenses, Permits and
Regulations), Chapter 5.10 (Cannabis Business Tax) to establish uniform permit renewal
requirements;” and
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San Luis Obispo City Council Minutes of January 19, 2021 Page 4
4. Adopt Resolution No. 11214 (2021 Series) entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, waive the Operator Permit Renewal Fees for Fiscal Year
2020 – 2021 for Commercial Cannabis Business Papa Bear Farms, LLC.”
10. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
FISCAL YEAR 2019-20
Finance Director Brigitte Elke and Accounting Manager Debbie Malicoat provided an in-
depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR
STEWART, CARRIED 5-0 to review and accept the 2019-20 Comprehensive Annual Financial
Report (CAFR) and Audit.
11. EMERGENCY ENFORCEMENT AUTHORITY MUNICIPAL CODE
AMENDMENTS AND CLARIFICATIONS
City Attorney Christine Dietrick provided an in-depth staff report and responded to Council
questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER MARX, CARRIED 5-0 to adopt Emergency Ordinance No. 1692
(2021 Series) entitled, “An Emergency Ordinance of the City Council of the City of San Luis
Obispo, California, amending Chapter 2.24 (Emergency Services) and Chapter 9.22 (Safety
Enhancement Zones) of the Municipal Code to provide expressly for direct enforcement of
local, state and federal emergency rules, regulations, orders, directives, or other enactments
related to the declaration of a local, state or federal emergency affecting the City of San Luis
Obispo and further clarifying the meaning of the phrase “any lawful rule or regulation issued
pursuant to this Chapter” as used in Chapter 2.24.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
Vice Mayor Stewart reported on her participation in the California Cities Community Services
Policy Committee meeting held virtually.
Council Member Pease reported on her participation in the California Cities Environmental
Quality Policy Committee meeting held virtually.
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San Luis Obispo City Council Minutes of January 19, 2021 Page 5
ADJOURNMENT
The meeting was adjourned at 8:17 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, February 2, 2021 at 6:00 p.m., via teleconference.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2021
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This page is intended to be blank so that you can print double-sided.
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Department Name: Parks and Recreation
Cost Center: 7005 & 7001
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks and Recreation Director
Prepared By: Aleah Bergam, Administrative Analyst
Bob Hill, Sustainability & Natural Resources Official
SUBJECT: 2020 OPEN SPACE MAINTENANCE PLAN PROGRESS REPORT
RECOMMENDATION
Receive and file the Parks and Recreation Department’s Open Space Maintenance Plan 2020
Progress Report.
DISCUSSION
Background
On December 15, 2015, the City Council adopted the City’s first Open Space Maintenance Plan.
Adoption of the Plan identified annual progress reports to the Council; this Agenda Report
transmits the Fifth Annual Progress Report (Attachment A).
The adopted Plan is premised on the protection of the City’s natural resources including plants,
animals, geologic, and historic features as well as the natural areas themselves. The Plan was
written in a manner that affirms existing maintenance practices undertaken by staff, contractors,
and volunteers. Those practices are all undertaken in a manner that is consistent with existing
City policies, ordinances, and plans regarding open space. The Plan specifically references and
integrates as its foundational policy guidance the following existing City policy documents:
Conservation and Open Space Element, Conservation Guidelines for Open Space Lands of the
City of San Luis Obispo, and the adopted Conservation Plans for each of the City’s open space
lands. Overall planning, acquisition, and management is undertaken by the Open Space Team,
which meets at least monthly and is comprised of staff from the Natural Resources Program and
Parks and Recreation Ranger Service. Day-to-day maintenance, monitoring, education, and
patrol is led by Ranger Service.
In addition to implementing the Conservation Plans for specific open space and reserve
properties, the Plan addresses existing maintenance needs and proper development of newly
acquired property in the City’s open space lands. It arti culates the enhancement and
maintenance of existing trailheads and trails in a sustainable manner for passive recreation
purposes only. It also articulates removal of illicit materials and trails, improvements to user and
natural resource safety, land restoration and stewardship projects, invasive species treatment and
control, erosion control and stabilization, education of users via patrol and outreach and
management of the wildland-urban interface areas.
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Plan Focus
The Plan is divided in three sections:
1. Maintenance Activities. Maintenance Activities have been ongoing in the City’s open
space for years. They are undertaken by staff, as well as contractors and volunteers on a
daily, weekly, monthly and annual basis. Maintenance activities fall into six main
categories: 1) vegetation, 2) structure, 3) signage, 4) trail/road, 5) drainage, and 6) trail
construction. Under each category are specific tasks. Within each of these categories are
focused activities that can occur seasonally or year-round.
2. Trailhead Amenities. For the purpose of standardization, the City has three different
sized trailheads (small, medium, and large) with differing degrees of enhancement at
each. Currently, the City has 24 trailheads throughout its open space system. The Plan
identifies for each trailhead amenity its purpose, design specification, location, standard
costs, materials, installation, maintenance, and lifespan.
3. Open Space Locations. City Ranger Service staff presently maintain approximately
4,040 acres of open space lands comprised of 16 properties held in open space, natural
reserve, ecological reserve, or agricultural reserve status. The Plan implementation items
are numerous and property specific. They include activities such as: trailhead, parking,
and emergency access improvements; directional and educational trail signs and kiosks;
trail installation, closures, re-routes, and erosion control; invasive species control, fire
protection and native habitat restoration; and bridge, fence, and open space infrastr ucture
replacement.
Open Space Maintenance Plan Progress Report Highlights
The Open Space Maintenance Plan Progress Report covers predominately calendar year 2020. It
provides a visual and numerical summary for Council and the community about the work efforts
undertaken to address the adopted Plan (Resolution No. 10682).
Open Space Maintenance and Protection efforts in 2020 addressed new and deferred projects.
How those efforts were accomplished is also highlighted in the report. A major accomplish ment
includes preparing the recently acquired Miossi Open Space for public use. Staff installed three
gate systems, repaired and improved roads and access points, and built approximately one mile
of new trail. Staff are finalizing signage for trails and the identification of trail names and
anticipate opening the trails to the public in late Winter 2021.
In addition, staff worked collaboratively with the Utilities Department to accomplish some
shared goals. The Ranger Service needed a location to better develop and fine tune their machine
trail building technique in order to be well prepared to work in San Luis Obispo’s Natural
Reserves and the Utilities Department needed to increase public access to Whale Rock Reservoir
via a trail system. Leveraging the skill sets of both departments, staff designed and built 2.75
miles of new trail at the Whale Rock Reservoir which is now open to the public.
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Of particular focus for Ranger Service staff this past year was fire-fuel reduction. The Open
Space Team received California Conservation Corps (CCC) free volunteer labor (3,561 hours)
through the State of California’s Greenhouse Gas Reduction Fund valued at over $120,000. The
CCC crew worked on fuel reduction projects at Bowden Ranch, Irish Hills, Terrace Hill and
Prefumo Creek. This is part of ongoing efforts to reduce the fire threat in the City’s Wildland
Urban Interface (WUI). Numerous non-native eucalyptus trees were removed in the creek
corridor to support the ongoing succession planning efforts established along the creek through
protecting the resident native trees and the additional mitigation plantings.
Per Council’s direction in November 2020, the Department has allowed a one-year extension of
the pilot program at the Cerro San Luis Natural Reserve that allows extended evening hours of
use for passive recreational purposes along approximately 4.9 miles of trails during the winter
months when daylight savings time is not in effect. The extension will run through Spring 2021
at which point staff will return to Council with a final summary report and seek direction for any
future actions regarding the pilot program. In year one, there were 3,160 permitted trail users
(307 Bikers, 2,853 Hikers) and in year two there were 2,746 permitted trail users (342 Biker ,
2,405 Hikers). Data analysis from years one and two indicate that permits are highest in demand
during the month of December during the holiday season.
Looking Ahead to 2021
The City’s Open Space Team has planned out its priority projects for 2021. This coming year
will see new trails built in the Irish Hills Natural Reserve from the updated Irish Hills
Conservation Plan that followed the acquisition of the Waddell Ranch property, as well as a new
trail system for public access at Righetti Hill (Mine Hill). In addition, staff will complete the last
section of new trail at the Miossi Open Space, install additional trail signage, and work with the
City’s GIS department to make a trail map for trailhead kiosks. It is important to note that over
500 acres of new Open Space lands have been acquired in the past five years that will drive
additional maintenance needs into the future. A current list of open space acquisition activity is
included as Attachment B.
In addition to trail building, Ranger Service staff will complete third-year extension of the pilot
program allowing evening hours at Cerro San Luis Natural Reserve and will continue to track
usage data surrounding the pilot program to report back to Council. In Spring 2021, staff will be
releasing PixOnPeaks 3.0, focusing on challenging residents to hike all trails in the Irish Hills
Natural Reserve to earn a bandana with the trail map imprinted. Due to the increased volume in
encampments in the open spaces and riparian areas, Ranger Service staff will continue to
prioritize contract clean-ups of encampments in these areas in coordination with the Police
Department and City Attorney’s Office.
Previous Council or Advisory Body Action
On December 15, 2015, the City Council adopted the City’s first Open Space Maintenance Plan
(Resolution No. 10682).
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Policy Context
All activities undertaken in protecting the City’s Open Space by Ranger Services, are done in a
manner consistent with all adopted City policies, ordinances, and open space and/or natural
preserve conservation plans.
Public Engagement
Public engagement was conducted surrounding the initial development and adoption of the Open
Space Maintenance Plan. No new public engagement has been done surrounding the
development of the 2020 Annual Progress Report on the Open Space Maintenance Plan. Public
comment can be provided to the City Council through written correspondence prior to the
meeting and through public testimony at the meeting.
ENVIRONMENTAL REVIEW
When adopted on December 15, 2015, a Negative Declaration was adopted for the Maintenance
Plan. In addition to being compliant with the Plan, all activities undertaken in protecting the
City’s Open Space by the Ranger Service staff, are done in a manner consistent with all adopted
City policies, ordinances, and open space and/or natural preserve conservation plans. The City’s
consideration of an Open Space Maintenance Plan 2020 Progress Report is not a project within
the meaning of CEQA Guidelines Section 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified:
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
This report on maintenance activities does not have a new fiscal impact. The activities are
funded through the adopted 2019-21 Financial Plan and include the Annual Open Space
Maintenance CIP and resources from the operational budgets for the Ranger Service Program in
the Parks and Recreation Department and Natural Resources Protection Program in
Administration.
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ALTERNATIVES
Do not receive and file the 2020 Annual Progress Report for the Open Space Maintenance
Plan and direct staff to make revisions to the Report.
Attachments:
a - COUNCIL READING FILE - 2020 Open Space Maintenance Plan Annual Report
b - Open Space Inventory 2021
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Open Space Lands of the City of San Luis Obispo
as of January 2021
I. pre-1996 open space lands, prior to formal Greenbelt Protection Program
Terrace Hill Open Space, 30 acres
Lemon Grove Open Space, 43 acres
Ferrini Open Space, 136 acres
Laguna Lake Open Space, 140 acres
Let It Be Nature Preserve, 5 acres
South Hills Open Space, 62 acres
Reservoir Canyon Open Space, 203 acres
Lopez Canyon Open Space, 320 acres
Wolfe Open Space Easement Dedication, 95 acres
Madonna Open Space Easement Dedication, 20 acres
Islay Hill Open Space Easement Dedication, 70 acres
Total: 939 acres fee, 185 acres easement (1,124 acres total)
II. Lands Acquired 1996 through 2007
Guidetti Ranch Easement, 1,480 acres (November 1996)
$400,000 City funds
Maino Open Space, 75 acres (March 1997)
$950,000 City funds
$400,000 donation value
Bishop Peak Open Space, 108 acres (February 1998)
$400,000 City funds
$450,000 State and private funds
Filipponi Ecological Area, 75 acres (March 2000)
$175,000 City funds
$350,000 State grants
Stenner Springs Open Space, 49 acres (April 2000)
$55,000 City funds
$10,000 Federal grant
DeVaul Open Space, 182 acres (December 2000)
$182,000 donation value
Prefumo Canyon Open Space, 360 acres (January 2001)
$360,000 donation value
Guidetti Ranch Easement amendment, 1,480 acres (January 2001)
$50,000 City funds
$950,000 State and private grants
Hastings Open Space, 284 acres (March 2001)
$70,000 City funds
$130,000 State grant
Froom Ranch Easement Dedication, 150 acres (May 2001)
$150,000 donation value
Foster Open Space, 154 acres (September 2001)
$300,000 City funds
$915,000 Federal and State grants
Johnson Ranch Open Space, 242 acres (November 2001)
$300,000 City funds
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Open Space Lands of the City of San Luis Obispo
2
$1,300,000 Federal, State, and private grants
$150,000 donation value
Bowden Ranch Easement Donation, 195 acres (December 2001)
$195,000 donation value
Bowden Ranch Open Space Dedication, 27 acres (August 2003)
$54,000 donation value
Kuden Donation, 2 acres (September 2003)
$300,000 donation value (per appraisal)
Olson Donation, 1 acre (December 2004)
$250,000 donation value (per appraisal)
Boysen Ranch Easements, 30 acres (June 2005)
$60,000 donation value
Congregation Beth David Easement, 63 acres (June 2005)
$126,000 donation value
Bowden Ranch Fee Donation, 185 acres (50% undivided interest)(October 2005)
$90,000 donation value (per appraisal---encumbered by easement)
Gearhart/McBride Donation, 12 acres (November 2005)
$60,000 donation value (“basic” farmland value)
Brughelli Ranch Easement, 390 acres (December 2006)
$650,000 City funds
$100,000 private grants
$250,000 donation value
Margarita Area Easement donation (King), 71 acres (June 2007)
$142,000 donation value
Union Pacific Railroad property donation (Land Conservancy), 315 acres (June 2007)
$448,000 donation value (per appraisal)
Total this period: 2,071 acres fee, 2,309 acres easement
II. Lands Acquired July 2007 – 2014 (including Measure Y funds)
Elks Lodge Creek and Trail Easement donation (Elks Lodge), 3 acres (May 2008)
$6,000 donation value
Stenner Ranch and Stenner Creek Road property easements, 852 acres (December 2008)
$300,000 Measure Y funds
$200,000 from sale of 14 acre property
$350,000 Federal funds
$150,000 donation value (Stenner Ranch)
$28,000 donation value (Stenner Creek Road property)
Bowden Ranch Open Space , 185 acres (December 2008)
$120,000 from sale of surplus 14 acre property
Froom Ranch agricultural easement (Irish Hills West, Inc.), 7 acres, June 2010
$35,000 donation value
Froom Ranch, 310 acres, July 2010
$310,000 Measure Y funds
$350,000 Federal and private grants
$40,000 donation value (Phyllis Madonna)
BLM property management agreement, 78 acres, July 2010
No financial consideration
Prefumo Commons donation (Irish Hills Plaza West, Inc.), 12 acres, August 2010
$60,000 donation value
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Open Space Lands of the City of San Luis Obispo
3
O’Connor Ranch agricultural conservation easement (held by Land Conservancy of SLO
County), 191 acres (October 2010)
$107,500 City funds
$850,000 Federal grant
300 Lawrence Drive lots donation (Inland Pacific Co.), 1 acre, December 2011
$2,000 donation value
Rockview Close open space lot donation, (Asset Logic Group), 3 acres, December 2011
$6,000 donation value
Foster/Spangler property conservation easement donation, 38 acres (December 2011)
$250,000 donation value
Righetti Hill and Righetti Homesite conservation easements, 56 acres (April 2012)
$112,000 donation value
Upper Goldtree Vineyard Tract lots, 89 acres (June 2012)
$235,000 City funds
$15,000 Land Conservancy of SLO County grant
$325,000 donation value (Filipponi / Twisselman)
Total this period: 493 acres fee, 952 acres easement
III. Lands Acquired July 2015 – Present (including Measure G funds)
Righetti Hill open space dedication, 40 acres (May 2015)
$100,000 donation value
South Hills open space dedication, 71 acres (March 2016)
$177,500 donation value
Waddell Ranch Open Space, 154 acres (February 2017)
$100,000 City funds
$1,000,000 grants
San Luis Ranch, offsite agricultural conservation easement, 30 acres (September 2018)
$300,000 donation value
Miossi Open Space, 266 acres (November 2019)
$1,000,000 City funds
$200,000 grant
$100,000 donation
San Luis Ranch, onsite agricultural conservation easement, 50 acres (November 2020)
$500,000 donation value
Total this period: 531 acres fee, 80 acres easement
Overall Total: 4,034 acres fee, 3,526 acres easement (7,560 total)
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Open Space Lands of the City of San Luis Obispo
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Department Name: Parks and Recreation
Cost Center: 7001
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks and Recreation Director
Prepared By: Aleah Bergam, Administrative Analyst
SUBJECT: ANNUAL PROGRESS REPORT FOR THE 2020 PARKS AND RECREATION
STRATEGIC PLAN
RECOMMENDATION
Receive and file the Annual Progress Report for the 2020 Parks and Recreation Strategic Plan.
DISCUSSION
Background
On November 1, 2016, the City Council adopted the 2020 Parks and Recreation Strategic Plan
(Strategic Plan). The Strategic Plan outlines the Parks and Recreation Department’s vision,
goals, and objectives for four years (2017-2020) with a primary focus on operational and
programmatic priorities.
2020 Parks and Recreation Strategic Plan Focus
The Strategic Plan is organized into six goals with key objectives followed by actions. It
provides guidance for Parks and Recreation operations and programming in support of the Parks
and Recreation mission statement: inspiring happiness by creating community through People,
Parks, Programs, and Open Space. The six goals are summarized below.
1. Department is well-managed, smart and healthy: Parks and Recreation is a vibrant,
thriving department with effective leadership and practices which ensure a sustainable future.
2. Staff is high performing, professional and provides excellent service: Parks and
Recreation demonstrates a culture of valuing human capital and expecting the best from all
team members. Staff is hired for department compatibility, is set up for professional success
in serving the public, contributing to the team, and pursuing advancement in municipal
government careers.
3. Programming is directed to diverse users: Parks and Recreation provides high quality
programs that are responsive to industry trends and changing community needs.
Programming encourages participation and builds community amongst all users.
4. Expand parks and facilities: Parks and facilities are contemporary, desirable to use, and
meet the needs of diverse users.
5. Nurture Open Space: The City’s open space is preserved and protected to ensure its health
and wellness, as well as the community’s continued stewardship while continuing to grow
the next generation of land stewards.
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6. Maximize community resources and collaborations: Parks and Recreation increases its
programming and positive impact, shares resources, and meets needs through community
partnerships.
Final Annual Progress Report on the 2020 Parks and Recreation Strategic Plan
This is the final Annual Progress Report on the Strategic Plan (Attachment A) and is intended to
highlight major accomplishments at the objective level for work completed during calendar year
2020. The progress report is in no way a recitation of all work completed throughout t he year but
rather is focused on fully completed projects, tangible results, metric based activities, and often
group and community activities that were visual in nature and expressive of the diverse work
undertaken by all staff in the department. Staff will return to Council with a summary of the
work completed throughout the past five years when Council is presented with the next
Department Strategic Plan. The next five-year Strategic Plan will be influenced by the content of
the new Parks and Recreation Master Plan (currently anticipated for Council consideration in
Spring 2021) and will be presented after that Plan adoption (anticipated for late 2021).
COVID-19 Impacts on the Strategic Plan
Due to the COVID-19 pandemic and the March 2020 shelter in place directive, recreational
programs and facilities were closed from March 2020 - June 2020. When the Emergency
Operations Center (EOC) was implemented, management staff provided pivotal leadership roles
within the logistics and operations branches.
The restart of some recreational programming (many of the large group activities have not
restarted) has been in accordance with current health orders and current County and State
guidelines, which in all instances include significant additional safety procedures and protocols.
Youth Services summer camp programming was deemed an essential service and was
restructured and restarted at the end of June 2020,. The SLO Swim Center and Laguna Lake Golf
Course reopened in July 2020 at limited capacity and with additional safety measures to mitigate
COVID-19 risk and spread. Program capacity continues to be restricted due to social distancing
requirements. In-person events have been cancelled for the foreseeable future, however staff
responded creatively to continue to provide programming to the public. Examples include staff
development of a Virtual Recreation page on the Department website offering virtual
recreational opportunities and staff restructuring events to be virtual or scavenger hunt like in
nature.
Strategic Plan Subcommittees and Highlights of 2020
2020 was the final year of the Strategic Plan’s implementation and created the opportunity to
accomplish many of the plan’s objectives. Staff began the year with focused work on their
subcommittees (seven subcommittees with 32 full and supplemental staff), but in the Spring, due
to COVID-19 impacts, work shifted, and staff began to focus on essential childcare
programming and work developing new programming in response to the COVID-19 pandemic.
A brief outline of the 2020 Annual Progress Report highlights is provided in the table below.
2020 Annual Progress Report Highlights: 2020 Parks and Recreation Strategic Plan
(See Attachment A for the full report organized into each of the six goal areas.)
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Upcoming Park and Facility Projects
North Broad Street Neighborhood Park
The North Broad Street Neighborhood Park was introduced in the 2018-19 Budget Supplement
as a new project for a neighborhood park. In partnership with Public Works, design consultants
were selected in Spring 2019, and Public Works and Parks and Recreation staff conducted
outreach and engagement of the neighborhood to guide the design of the park. Current funds
from the Parkland Fund (now known as Quimby Parkland-in-lieu Fund) have already been
appropriated for park construction. Park concept design and environmental study have been
completed with construction planned for August 2021 pending re-zoning approval (scheduled to
go to Council on March 2, 2021).
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Pickleball Courts at Mitchell Park
In Winter 2020, staff submitted a Prop 68 Per Capita Grant application for Pickleball Courts at
Mitchell Park and received award approval. The project is being brought forth to Council on
February 2, 2021 for approval and fund appropriation. Design is planned for Spring 2021. Staff
anticipate the Pickleball Courts activating the park and is currently assessing additional safety
features at Mitchell Park (i.e. lighting). Once approved by Council, staff will conduct community
input regarding design.
Emerson Fitness Equipment Replacement
In January 2021, Council approved a project to install a National Fitness Challenge Fitness Court
to replace the fitness equipment at Emerson Park. Staff received $25,000 in grant funding and
Council approval to appropriate Quimby Parkland-in-lieu funds to fund the project and will
begin project planning with anticipated replacement by the end of calendar year 2021.
Orcutt Area Specific Plan Park Development
Orcutt Area Specific Plan incorporates four park areas within the development. Park areas
include new trailhead park, linear park, community park, and pocket park, with recreational
amenities such as community gardens, playground, picnic area, sport fields and courts. Staff will
be initiating community workshops and prioritizing the projects for design with the current
Orcutt Area Specific Plan Park fees.
NOTE: Margarita Area Specific Plan Park Development
During recent Parks and Recreation community workshops and the City Community Forum held
on January 14, staff have received inquiries about the park plans for the Margarita area. The
Margarita Area Specific Plan parks are currently not part of the next two -year CIP due to the
developer not releasing the land to the City. Staff do not currently have an expected date,
however, continue to work with Community Development and Public Works to be prepared.
Looking Ahead to the next Parks and Recreation Strategic Plan
With the expectation of the new Parks and Recreation Master Plan and Element adoption in late
Spring 2021, staff will incorporate the newly adopted goals and themes to guide the next
Department Strategic Plan. Staff will build the plan in-house through a lens of economic
recovery and resiliency, and Diversity, Equity, and Inclusion, as well as incorporate any Major
City Goals.
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Previous Council or Advisory Body Action
On November 1, 2016, the City Council adopted the 2020 Parks and Recreation Strategic Plan.
Policy Context
All activities undertaken as part of the 2020 Parks and Recreation Strategic Plan imp lementation
are done in a manner that is consistent with all adopted City policies, ordinances and open space
maintenance and/or natural preserve conservation plans.
Public Engagement
Public engagement was done surrounding the initial development and adoption of the 2020 Parks
and Recreation Strategic Plan. No new public engagement has been done surrounding the
development of the 2020 Annual Progress Report on the Strategic Plan.
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:
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
Receiving and filing the 2020 Annual Progress Report does not result in a direct fiscal impact to
the City. The completion of the annual goals and objectives listed in the report were completed
in-house by Parks and Recreation staff and within available resources and budget.
ALTERNATIVES
Do not receive and file the 2020 Annual Progress Report for the 2020 Parks and Recreation
Strategic Plan and direct staff to make revisions to the Report.
Attachments:
a - 2020 Strategic Plan Annual Progress Report
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Final Strategic PlanAnnual Progress Report
2020
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Parks and Recreation 5 Year Strategic Plan
Final Year!
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Parks and Recreation staff showed resiliency in their ability to be
nimble and pivot quickly in order to serve the community through
providing recreational programming amidst challenging times.
Although this year looked different than planned, staff made the best
of the situation and worked together. This annual report will highlight
the work completed this year related to COVID-19 pandemic response
and how that work is interconnected with our original Strategic Plan
program objectives.
2020 Overview
• March 2020 - The State of California’s Stay at Home order lead to closure of recreational facilities
and programs.
• June 2020 - With childcare deemed essential, a modified Youth Services Summer Camp was offered
to the public at three locations.
• July 2020 - Laguna Lake Golf Course and SLO Swim Center reopen with COVID-19 safety
modifications, such as capacity restrictions and procedures to ensure social distancing.
• September 2020 - Contract Classes that are suitable for social distancing start (such as basketball
and tennis clinics) and staff developed updated Youth Sports clinic programming.
Thank Thank
You!You!
The Department’s Role within the City’s
Emergency Operations Center (EOC)
• Management staff attend daily EOC meetings
• Department Head Greg Avakian leads the EOC Logistics
Branch with Utilities Department Head
• Management roles include leads in Open Space Branch and
Care and Shelter Branch.
The Department Develops New Programming
• Assists with “Open SLO” downtown dining in Mission Plaza
• Developed Park Ambassador program to encourage compliance with
the State orders
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Department
is Well
Managed,
Smart
& Healthy
goal 1
Enhance Department Structure for Sustainable Success
Build financial stability to ensure outstanding levels of service
Optimize technology to facilitate effective work processes
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Maintain vigilant attention to continuous process improvements
Lead in modeling healthy work habits for the City of San Luis Obispo
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GOAL #1 DEPARTMENT IS WELL MANAGED, SMART & HEALTHY
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• Parks and Recreation Master Plan Expected to be Adopted by Council in Spring 2021
• In 2020, the Parks and Recreation Commission participated in an exercise where they identified
specific recreation amenities and parks and facilities to prioritize in the near term, mid term
and long term.
• The draft plan is currently in process of development by the consultants and input by staff
with an expectation for public input in winter.
• PRC meetings were paused during initial shelter in place, emergency proclomation (non-
essential advisory bodies were recommended to pause) and did not meet for 3 months.
Meetings resumed in July.
FINANCES
SAFETY
FUTURE
Staff implemented many safety measures to ensure the health and safety of staff and users at all of the
programs and facilities. All implemented safety measures to meet safety protocols for COVID-19, including
health screenings utilizing QR codes on signs at entrances to facilities.
The Parks and Recreation Department office is closed to the public, with the option for in-person by
appointment only. Additional safety measures have been implemented such as plexi glass has been installed
for when offices will reopen in the future and entrances and exits have been rerouted to limit contact. All
facilities ensure staff wear masks and have access to hand sanitizer. Restrooms have been more frequently
cleaned by contract janitorial staff.
FY 2019-20 ended with a shortfall in revenue due to program
closures, but savings in operating, mostly due to staff
furloughs, offset the shortfall. The Department cut
approximately $200,000 in the FY 2020-21 budget.
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Sustain Supportive & Progressive Work Environment
Staff is motivated & trained to provide outstanding service
Maximize use of Volunteers
Staff is High
Performing,
Professional &
Provides
Excellent Service
goal 2
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GOAL #2 STAFF IS HIGH PERFORMING, PROFESSIONAL & PROVIDES EXCELLENT SERVICE
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Administrative Analyst, Aleah Bergam, was recognized as
Parks and Recreation’s Employee of the Year!
Nominated staff: Basile Inman, Sahvanna Ettestad,
Shawn Tucker, and Park Ambassadors
• Staff from every division acted as Trail
Ambassadors and Park Ambassadors to help
educate users on safe usage to minimize the
spread of COVID-19.
COLLABORATIVE
SMART
HEALTHY
It was important for the community to stay active this year, so
staff got creative and implemented new activities:
• Virtual Rec Center - Activities on the website
• Virtual Holiday Activities
• New permitting for park use for local fitness studios
during the closure called Fitness in the Parks
• City’s Healthy and Smart Committee implemented a “Step
Challenge” and in just 4 weeks, Parks and Recreation won
the City wide challenge after walking the most steps
• Virtual “SLO TRI”
• Staff worked collaboratively to provide childcare to the community,
and had staff from all divisions serve as safety monitors within
childcare programming.
• Management staff took on leading roles in the City-wide EOC Team:
Branch Coordinators for Care and Shelter and Open Space, Operation
Section Coordinator for Logistics and procurement
support.
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VOLUNTEERS
TRAININGS
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Safety Trainings:
• 2 staff were certified for their American Red Cross
Lifeguarding Instructor
• 20 staff completed their recertification course for
American Red Cross Lifeguarding, CPR/AED for
Professional Rescuers, First Aid for Public Safety,
Asthma, Blood Borne Pathogens and
Emergency Oxygen
• 17 staff were certified for their American Red Cross
Adult and Pediatric First Aid, CPR, and AED
• Recreation Coordinator, Shawn Tucker (SLO Swim
Center) became an American Red Cross Instructor
Trainer for CPR, First Aid, and AED
• 2 staff participated in the Centre’s Regional Management Academy
• 1 staff attended a Design and Analytic conference in San Jose
• 2 staff attended a Lean/Six Sigma Training on process improvement
• 2 staff attended diversity/inclusivity training from Liebert/Cassidy/Whitmore that was focused on Youth
Services programming
• 2 staff serve on the newly created DEI (Diversity, Equity, Inclusion) city-wide committee. The committee
has conducted an internal audit on City processes and identified ways to improve and become a more
diverse, equitable and inclusive organization.
• 7 staff attended the annual California Parks and Recreation Society conference in Long Beach
GOAL #2 STAFF IS HIGH PERFORMING, PROFESSIONAL & PROVIDES EXCELLENT SERVICE
Volunteering for events looked very different this year
due to a multitude of cancellations:
Prior to the Shelter at Home directive in February 2020, a Cal Poly
EIM class helped coordinate the new Mario Mash-up Event. The
group assisted in the planning, promotion and implementation of
the event.
Winter 2020 - Two Cal Poly interns were hired to help plan the
SLO TRI, after program closures and the cancellation of the TRI,
the internships were suspended.
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Maximize the Use of Existing Parks and Facilities
Programming
is Directed
to Diverse
Users
goal 3
Page 8
Optimize and implement innovative programming in three priority areas: Golf,
Aquatics and Racquet Sports
Increase Community’s awareness of programs, services, events and needs
Strengthen operational commitment to programming across all ages
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GOAL #3 PROGRAMMING IS DIRECTED TO DIVERSE USERS
Staff provided virtual alternatives to our traditional events in 2020. Staff wanted to involve families
and our community by getting them exploring their own homes, backyards, local trails and parks!
Virtual Activities included:
• Rec Center - links to educational
websites, etc.
• Ranger activities
• Egg Hunt
• Junior Giants
• Swim videos on social media
• Reading videos on social media
• Monster Skate Contest
• Halloween Costume Contest
• Ghoul Hunt through the park
• Pumpkin Decorating Contest
• SLO Food Bank Turkey Trot
• SLO History educational posts on social media
• Holiday Home Light Map
• Virtual Tour of the Jack House and Gardens
• Gingerbread Decorating Contest
• SLO Skate Park Ugly Sweater social media contest
• Holiday Hike
• Scavenger Hunts
Page 9
Traditional events were not a part of 2020, but we still had fun!
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SOCIAL MEDIA METRICS
600+New Followers in 1 year
4,408Total Followers
Facebook
Instagram
Twitter
200 New Followers
1,423Total Followers
Page 10
GOAL #3 PROGRAMMING IS DIRECTED TO DIVERSE USERS
1,600+ New Followers
5,220+ Total Followers @sloparksandrec
1,899 Total Followers @pixonpeaks
2,612 Total Followers @sloskatepark
Return of In-Person Programming
Youth Services
Summer Camp
Due to COVID-19, paid advertising was suspended this year, since “events” were not in person.
There was still an increase in growth, just not as large as last year. Instagram displayed the
largest increase. Twitter remained consistent and steady.
July 2020 - SLO Swim Center and Laguna Lake Golf Course reopen for public use
September 2020 - Contract classes resume and staff developed new Youth Sports Clinics
Youth Services Distanced
Learning Childcare
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Increase access to non-City turf facilities & increase the number of City turf
facilities
Maintain current facilities & infrastructure to optimal levels
Pursue new neighborhood parks and maximize existing parks to provide amenities
beyond Parks and Recreation existing resources
Expand
Parks &
Facilities goal 4
Page 11
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GOAL #4 EXPAND PARKS AND FACILITIES
Page 12
Islay Park Playground
September 2020, Islay Park Playground replacement
completed and reopened for Public Use
Environmental Study
completed for North Broad
St. Neighborhood Park
SLO Swim Center Bath House
Roof Repair Project
August-Sept 2020
Emerson Park
Amenity Upgrades Prop 68 Per Capita Grant Application
approved and contract awarded for
Mitchell Park Pickleball Courts.
Anticipated completion by December 2023
Mitchell Park
Pickleball Courts
Grant Application in progress for
Emerson Park Amenity Upgrades
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Page 13
GOAL #4 EXPAND PARKS AND FACILITIES
SLO Public Art Program brought some smiles and color
to a challenging year!
Archway to
Happiness at
Marsh St.
Parking Garage
by Canned Pineapple Co.
Neighborhood Greenway Project
• Sequoia Wolfe: Morro Street ‘Bill Roalman’
Neighborhood Greenway
• Mia Franco: Islay Neighborhood Greenway
• Sally Lamas: King-Nipomo Neighborhood
Greenway
• Mika Timpano: Pismo Pedestrian Trail
Wrapped Open SLO
Barricades
Badger Branding developed barricade
wraps to beautify the downtown
outdoor dining experience
Maxine Lewis mural at Mission Plaza
celebrating diversity in our community by artists Sharyn
Chan, Katy McGrath, Lury Norris, Lori Willingham and
photographer Renoda Campbell
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Implement the adopted Open Space Maintenance Plan as well as the City
adopted Conservation Plans
Enhance the user experience with emphasis on education, conservation and
collaboration
Build an effective management structure reflective of the size and scope of the
City’s open space
Nurture
Open
Spacegoal 5
Page 14
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GOAL #5 NURTURE OPEN SPACE
Page 15
Whale Rock Reservoir
Miossi Open Space
The Ranger Service team has been working diligently to prepare our newest open space for public access.
They have installed three gate systems, repaired and improved roads and access points, and built about a
mile of new trail. Rangers hope to turn this “closed space” into an Open Space soon with expected public
use allowed in late winter.
Trail Ambassadors
During the initial first months of the Shelter at Home Ordinance,
Rangers utilized volunteers to assist Parks and Recreation staff in
educating the public about COVID-19 and the measures required
to keep our community safe while allowing the trails to remain open.
Rangers utilized five volunteers for a total of 69 hours.
The volunteers worked at Cerro San Luis and Bishop Peak.
The Ranger Service team was able to collaborate with the Utilities
Department to accomplish shared goals. Rangers needed a place
to fine tune their machine trail building technique so they would be
well prepared to work in San Luis Obispo’s Natural Reserves and the
Utilities Department needed to increase public access to Whale Rock
Reservoir via a trail system.
Leveraging the skill sets of both departments they designed and
built 2.75 miles of trail, which is now open to the public and have
a highly skilled mechanized trail building crew. This was a great
opportunity to share knowledge and develop skills across
departments, not to mention another great place to hike and bike.
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Page 16
GOAL #5 NURTURE OPEN SPACE
Pilot Program Extended
City Council approved a 1-year extension to the pilot program allowing winter evening access on the City
owned trails at Cerro San Luis from November 2020 through March 2021. Evening access requires a free
reservation permit from 5:30 pm to 8:30 pm.
Permits Issued from
November 2019-March 2020
Bikers: 342
Hikers: 2,405
Total: 2,746
One Way Directional Trail Systems
In March 2020, Cerro San Luis, Bishop Peak, and Johnson Ranch
became one-way directional loop trails to limit users exposure to
one another while enjoying the outdoors.
Between those three open spaces, there are over seven miles of
trails designated as one direction only.
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goal 6
Maximize
Community
Resources &
Collaborations
Develop partnership opportunities with SLO County Parks
Leverage community stakeholders for citizen-driven programming, funding, and
problem-solving
Expand partnerships with Cal Poly and Cuesta College to increase the City’s facility
options and provide development opportunities for their students
Page 17
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GOAL #6 MAXIMIZE COMMUNITY RESOURCES & COLLABORATIONS
Page 18
COLLABORATION
Open SLO Parks and Recreation partners with SLO
Downtown to provide the community with special events.
This year staff collaborated on the Open SLO program to
provide downtown seating for shops and restaurants.
Fitness in the Parks
This year the department focused on helping local
fitness studios to offer outdoor classes during the
course of the COVID-19 restrictions on indoor
activities.
Staff coordinated with 13 business owners to
schedule daily times to utilize the local parks for
classes. A one-time permit fee and liability insurance
were required.
Typically, Parks and Recreation staff work with hundreds of Cal Poly volunteers
throughout a year, but since events were canceled and students were out of the
area, the department only worked with one Experience Industry Management
(EIM) class on the February Mario Mashup event. Staff hope to get back to
collaborating with the students next year!
Ranger Work Days
Community members love working alongside
Rangers out on the trails, but this year was a
challenge. Luckily, as the year progressed,
Rangers could have small stakeholders help
out on the trails, with masks of course!
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What’s Ahead?
Initial Planning of the Righetti
Ranch housing developments
Parks and Trail Head
Begin Construction of the North
Broad Street Park
Completion and Adoption of the
Master Plan and Element Update
Planning for Vista Lago and DeVaul
Playground Equipment Replacement
Resume all Regular Programming and
all Regular Facility Operations1
2
3
4
5
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BLANK PAGE
This page is intended to be blank so that you can print double-sided.
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Department Name: Administration
Cost Center: 1001
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Georgina Bailey, Management Fellow
SUBJECT: SECOND READING OF ORDINANCE NO. 1691 (2021 SERIES) AMENDING
SECTION 9.10 AND 5.10
RECOMMENDATION
Adopt an Ordinance No. 1691 (Attachment A) amending Municipal Codes Section 9.10 and 5.10
that renews all operator permits at the beginning of the fiscal year.
DISCUSSION
On January 19, 2020, the City Council voted 5:0 to introduce Ordinance No. 1691 (2021 Series)
amending Section 9.10 and 5.10 of the City’s Municipal Code which will renew all operator
permits for cannabis businesses at the beginning of the fiscal year.
Previous Council or Advisory Body Action
• January 19, 2021 Council introduces Ordinance 1691 (2021 Series) amending Section
9.10 and 5.10 of the City’ s Municipal Code.
• December 3, 2019 Council introduces Ordinance 1673 (2019 Series) amending Section
9.10.070 of the City’ s Municipal Code clarifying unsuccessful applicants’ ability to
apply during separate application periods in the same year.
• November 27, 2018 the City Council approves the fee structure, application criteria and
zoning regulations to allow for cannabis businesses to operate in the City.
Policy Context
The updates to the cannabis regulations are consistent with overall goals of the Cannabis
Business Program, the City’s 2020-2021 Meta Major City Goal and the applicable sections of the
Municipal Code. The updates are also consistent with Chapters 9.10 and 5.10 of the Municipal
Code and Section 17.86.080 of the Zoning Code, which outline that the provisions of each code
are guided by principles to protect, the health, safety, and welfare of the residents of the City.
Furthermore, it is the general best practice for the City to provide the most clear and concise
regulations to benefit the community, businesses, staff, and the City Council. The recommended
amendments will not only provide more clarity for cannabis operators during operator permit
renewals but will also streamline the process administratively for both businesses and staff.
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Public Engagement
The initial cannabis regulations were considered and adopted by the City Council on May 15,
2018; October 16, 2018; November 27, 2018; and December 3, 2019. Since that time, staff have
been in regular communication with applicants, business operators and industry representatives,
receiving feedback on a wide range of issues related to the implementation of the Cannabis
Business Program. In addition, the information contained in this report was shared in advance
with businesses that have received permits from the City. Lastly, in the staff report and during
the January 19, 2021 City Council meeting, staff stated that this item would be brought before
City Council and community stakeholders were encouraged to attend and share their
recommendations with the City Council.
CONCURRENCE
A Steering Committee and Cannabis Team of City staff members including Administratio n staff,
City Attorney, the Community Development Director and staff, Finance Director and staff, and
Police Chief and staff, was convened to guide the process of developing updates and regulations
for consideration by the City Council.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended actions in this
report, because none of the actions constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2021
Funding Identified: No
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 in amending the Municipal Code that renews all operator permits at the
beginning of the fiscal year.
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ALTERNATIVES
1. Do not adopt staff recommendation. The recommendations proposed represent the changes
necessary to maintain the direction provided by the City Council to this point. For requested
modifications, the Council should provide guidance on specific changes desired.
2. Modify and Direct Staff Recommendation. The City Council has the latitude to make
modifications to Ordinance 1691 (2021 Series) and Staff will be prepared to offer any ideas
for any modifications.
Attachments:
a - Ordinance No. 1691 (2021 Series)
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O ______
ORDINANCE NO. 1691 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 9 (PUBLIC PEACE,
MORALS AND WELFARE), CHAPTER 9.10 (CANNABIS
REGULATIONS) AND TITLE 5 (LICENSES, PERMITS AND
REGULATIONS), CHAPTER 5.10 (CANNABIS BUSINESS TAX) TO
ESTABLISH UNIFORM PERMIT RENEWAL REQUIREMENTS
WHEREAS, the City of San Luis Obispo adopted on January 19, 2021, in the Council
Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, an amendment to the
Municipal Code, Chapter 9.10, Regulations for Commercial Cannabis and Personal Cultivation
and an amendment to the Municipal Code, Chapter 5.10, Cannabis Business Tax; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Section 9.10.080, subsection A of the San Luis Obispo Municipal Code is
hereby amended as reflected Exhibit A to read as follows:
A. Renewal Application Filing Deadline. An application for renewal of a commercial
cannabis operator permit shall be filed at least sixty calendar days, but not more than
one hundred twenty calendar days, prior to the expiration date of the permit with the
city manager or his/her designee. All commercial cannabis operator permits shall have
an expiration date of June 30th of each year. If the complete application and fees are
timely submitted but the city does not act to approve or reject the renewal prior to
expiration, the permittee may continue to operate under the expired permit until the city
approves or rejects the application for renewal.
SECTION 2. Section 5.10.045, subsection A of the San Luis Obispo Municipal Code is
hereby amended as reflected Exhibit B to read as follows:
A. All persons engaging in a cannabis business, whether an existing, newly established or
acquired business, shall register with the tax administrator’ s office by the later of:
1. Thirty days after commencing operation; or
2. January 1, 2019 and shall renew registration annually thereafter by July 1st of each
year, with any such renewal becoming delinquent on July 31st of each year.
3. The Tax Administrator is authorized to prorate existing, newly established, or
acquired business registration fees consistent with the intent of this Chapter and as
otherwise required by applicable law. Nothing herein is intended, nor shall it be
interpreted or applied to increase any tax in excess of the rate approved by the voters
of the City of San Luis Obispo and the Tax Administrator shall ensure that no
application of the provisions herein are so applied.
SECTION 3. SECTION 3. Ordinance Number 1673 (2019 Series) and Ordinance
Number 1659 (2018 Series) are hereby amended and superseded to the extent inconsistent
herewith.
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Ordinance No. 1691 (2021 Series) Page 2
O 1691
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or en forcement of the
remaining portions of this Ordinance, or any other provisions of the city' s rules and regulations.
It is the city' s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 19th day of January 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2021, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
______________________________
Teresa Purrington
City Clerk
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Ordinance No. 1691 (2021 Series) Page 3
O 1691
Exhibit A
Chapter 9.10 Cannabis Regulations
9.10.010 Purpose and Intent
9.10.020 Definitions
9.10.030 Personal Cultivation Limited
9.10.040 Commercial Cannabis/City Permit and State License Required
9.10.050 Regulations and Fees
9.10.060 Display and Production of Permits
9.10.070 Commercial Cannabis Operator Permit Application Procedures and Requirements
9.10.080 Renewal of Permit
9.10.090 Suspension or Revocation of Permit
9.10.100 Appeal
9.10.110 Right to Occupy and Use Property for Commercial Cannabis Activity
9.10.120 Prohibition on Transfer of Commercial Cannabis Operator Permits
9.10.130 Records and Reporting
9.10.140 Inspection and Enforcement
9.10.150 Outdoor Commercial Cannabis Cultivation and Activities Prohibited
9.10.160 Indemnification, Insurance, Reimbursement, Consent
9.10.170 Compliance with Laws
9.10.180 Permit Violation
9.10.190 Permit Compliance Monitoring
9.10.200 Permit Holder Responsible for Violations by Employees or Agents
9.10.210 Consumption or Use Prohibited On-site and In Public
9.10.220 Concurrent Alcohol Sales or Service Prohibited
9.10.230 Minors
9.10.240 Sale of Cannabis, Cannabis Products or Cannabis Accessories by Vending Machine
prohibited
9.10.250 Security Measures
9.10.260 Limitations on City’s Liability
9.10.270 Fees Deemed Debt to City
9.10.280 Violation and Penalties
9.10.290 Severability
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Ordinance No. 1691 (2021 Series) Page 4
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9.10.010 Purpose and intent.
A. It is the primary purpose and intent of this chapter to protect the health, safety, and welfare
of the residents of the city of San Luis Obispo from the negative impacts of illegal
commercial and noncommercial cannabis activity, and of state authorized cannabis
activity, by enforcing city ordinances, rules and regulations consistent with applicable state
law, including, but not limited to, the Compassionate Use Act, the Medical Marijuana
Program Act, the Adult Use of Marijuana Act, and the Medicinal and Adult Use of
Cannabis Regulatory and Safety Act.
B. This chapter is not intended to, and shall not be construed to, prohibit or interfere with any
right, defense or immunity under Health and Safety Code Section 11362.5 (the
Compassionate Use Act), or under Health and Safety Code Section 11362.7 et seq. (the
Medical Marijuana Program Act).
C. This chapter is not intended to, and shall not be construed to, prohibit or interfere with any
right, defense or immunity of any person twenty-one years of age or older relating to the
adult personal possession or cultivation of cannabis or marijuana consistent with the
provisions of the Control, Regulate and Tax Adult Use of Marijuana Act and the Medicinal
and Adult Use of Cannabis Regulatory and Safety Act.
D. Nothing in this chapter shall be construed to authorize the cultivation, possession or use of
marijuana for any purpose inconsistent with state or local law.
E. Any reference to California statutes includes any regulations promulgated thereunder and
is deemed to include any successor or amended version of the referenced statute or
regulation. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.020 Definitions.
A. State-Defined Terms. Words or terms used in this chapter that are defined words or terms
in Business and Professions Code Section 26001 or Health and Safety Code Section
11362.7 (the “Statutes”) shall have the meanings ascribed to them in the Statutes as they
now read, or as they may be amended to read. These state- defined words and terms include,
but are not limited to, “cannabis,” “cannabis accessories,” “cannabis concentrate,”
“cannabis products,” “commercial cannabis activity,” “cultivation,” “delivery,”
“distribution,” “license,” “live plants,” “manufacture,” “operation,” “person,” “premises,”
“sell,” “sale,” “to sell.” Some of these terms are also set forth in Chapter 17.156. In the
event of conflict in the definitions, the definitions in Chapter 17.156 shall control;
provided the terms defined in subsection B of this section shall control over any other
definition.
B. City-Defined Terms. The following words or terms used in this chapter have the following
meanings:
1. “Commercial cannabis business” means any person or entity engaging in any business,
operation or activity which is commercial cannabis activity under state law in the city.
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2. “Commercial cannabis operator permit” means a permit required by the city of San
Luis Obispo pursuant to this chapter to conduct commercial cannabis activity or a
commercial cannabis business in the city.
3. “Responsible party(ies)” shall be one or more individuals who have an ownership
interest in a commercial cannabis activity and are designated to be personally
responsible for compliance with all terms and conditions of the commercial cannabis
operator permit, all other permits required by the city, and all ordinances and
regulations of the city. Any person having an ownership interest of more than fifty
percent in a commercial cannabis activity shall be designated a responsible party on the
application. If no individual owns more than fifty percent of a commercial cannabis
activity, the individual owning the largest share shall be a responsible party, and if
multiple individuals have the same percentage interest, each one shall be a responsible
party. More than one individual can be designated a responsible party.
4. “Cannabis event” means a public or private event where compensation is provided or
exchanged, either directly or indirectly or as part of an admission or other fee for
service, for the provision, hosting, promotion or conduct of the event where
consumption of cannabis is part of the activities. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.030 Personal cultivation limited.
A. Maximum Six Plants Outdoors per Parcel. It shall be unlawful for any person to plant,
cultivate, harvest, dry, process, maintain, possess or store outdoors, more than six live
cannabis plants on any parcel containing one or more private residences. This limitation on
outdoor personal cannabis activities applies per parcel, regardless of the number of
residents in each private residence, and regardless of the number of residences on the
parcel. This limitation applies to cannabis live plants for either adult recreational use or
medicinal purposes. Outdoor personal cultivation shall comply with applicable provisions
of Section 17.86.080.
B. Maximum Six Plants per Private Residence, Indoors and Outdoors. It shall be unlawful for
the cumulative total of cannabis plants per private residence, indoors and outdoors, to
exceed six cannabis live plants, regardless of number of persons residing in the private
residence. This limitation applies to cannabis live plants for either adult recreational use or
medicinal purposes. Any live cannabis plants grown indoors shall comply with applicable
provisions of Section 17.86.080.
C. No Outdoor Cultivation on Parcel without Private Residence. It shall be unlawful for any
person to plant, cultivate, harvest, dry, process, maintain, possess or store any cannabis live
plants outdoors on a parcel that does not have a private residence used for residential
dwelling purposes by the person cultivating the cannabis live plants.
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Ordinance No. 1691 (2021 Series) Page 6
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D. Neighborhood Impacts of Personal Cultivation. There shall be no exterior evidence of
cannabis cultivation occurring at the property visible by normal unaided vision from a
public place or the public right-of-way and any outdoor cultivation shall comply with
provisions of Section 17.86.080(D). Personal cultivation of cannabis, for recreational adult
use or for medicinal purposes, shall not create odors, dust, heat, noise, light, glare, smoke
or other impacts to people of normal sensitivity living, working or lawfully present in the
vicinity of the personal cultivation site. Impacts that cross the nearest property line of any
other parcel, beyond that parcel on which the personal cultivation is conducted, or that are
visible or noticeable with normal unaided vision, from a public place or the public right -
of-way, or from any separately owned, leased or controlled private residence or business
on the same parcel as the private residence responsible for the personal cultivation, are
unlawful.
E. No Hazardous Personal Cultivation. Personal cultivation, harvesting, drying, or processing
of cannabis, for recreational adult use or medicinal purposes, that uses or stores hazardous
or toxic chemicals or materials, creates hazardous or toxic products or wastes, or uses
volatile processes or other methods or substances that pose a significant risk to public
health or safety, is prohibited and unlawful. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.040 Commercial cannabis/city permit, and state license required.
A. City Commercial Cannabis Operator Permit Required. No person shall engage in
commercial cannabis activity or have an ownership interest in, operate, or manage a
commercial cannabis business without obtaining and continuously maintaining a
commercial cannabis operator permit pursuant to this chapter.
B. Commercial Cannabis Operator Permit and State License(s) Required. It shall be unlawful
for any person to own, conduct, manage, operate, engage or participate in, or work or
volunteer at a commercial cannabis activity or commercial cannabis business that does not
have a valid commercial cannabis operator permit issued pursuant to this chapter and other
city permits or licenses required by this code, in addition to the appropriate license(s)
required by state law to conduct the commercial cannabis activity. Any commercial
cannabis business or commercial cannabis activity conducted without all required city and
state permits and licenses is prohibited and unlawful and is hereby declared to be a public
nuisance. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.050 Regulations and fees.
The city council shall by resolution or ordinance adopt such forms, fees, regulations and
procedures as are necessary to implement this chapter with respect to the application and
qualification for, and the selection, future selection, investigation, process, issuance, renewal,
revocation, and suspension of, commercial cannabis operator permits. (Ord. 1647 § 4 (Exh. A
(part)), 2018)
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9.10.060 Display and production of permits.
A. Dual Permits Posted and Visible. A copy of the commercial cannabis operator permit
issued by the city of San Luis Obispo pursuant to this chapter, together with a copy of the
appropriate state license(s) for the commercial cannabis activity being conducted, shall be
posted and readily visible to the public at all times, at each location where commercial
cannabis activity occurs.
B. Production of Originals for Inspection. Any owner, operator, employee or person in charge
of a commercial cannabis activity shall produce for inspection and copying, upon request
of a city inspector, code enforcement officer, or city police officer during normal operating
hours, the original of the current and valid city of San Luis Obispo commercial cannabis
operator permit and the appropriate, current and valid license(s) of the state of California
for the commercial cannabis activity(ies) or commercial cannabis business(es) being
conducted. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.070 Commercial cannabis operator permit application procedures and
requirements.
A. Application. A person shall apply for a commercial cannabis operator permit by submitting
an application to the city during the annual application period or any other period
established by the city manager. The city council will, by resolution, adopt criteria by
which all applications will be reviewed, applicants qualified and, in the case of retail and
cultivation businesses, also ranked. Those applicants that are selected will have the
opportunity to apply for a use permit as outlined in Section 17.86.080. Each application
shall designate at least one responsible party. If a person is not selected to receive a
commercial cannabis operator permit, the person may reapply during the next annual
application period or any subsequent application period established by the city manager.
B. Application Submittal Time Frame. A person may only submit one application per permit
type, per application period, for a commercial cannabis operator permit, during the annual
application period designated by resolution of the city council or any subsequent
application period established by the city manager. An applicant who is unsuccessful in
any application period may submit another application in any subsequent application
period. The commercial cannabis operator permit will be valid for twelve months. Once a
permit is obtained, the applicant can apply annually for renewal. There is no guarantee that
an applicant will receive a commercial cannabis operator permit in the first instance. Due
to limitations on the number of certain permits, even a highly ranked applicant for a retail
or cultivation permit may not receive a commercial cannabis operator permit and even an
applicant who receives a commercial cannabis operator permit is not guaranteed that any
subsequent, required land use permit, as outlined in Section17.86.080, will be approved.
C. Grounds for Automatic Disqualification. In addition to any other reason that may be
established by the city council as a basis for disqualification, an applicant shall be
disqualified from applying for, or obtaining, a commercial cannabis operator permit if:
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1. The applicant fails to timely file an application during the annual application period.
2. The responsible party refuses to sign the application and agree to be personally
responsible for compliance, and personally liable for failure to comply, with the
provisions of this chapter.
3. The applicant, or any of its officers, directors or owners, or any person listed in the
application, has been convicted of a felony or offense referenced in Business and
Professions Code Section 26057; or has been subject to fines, penalties, or sanctions
for cultivation or production of a controlled substance on public or private lands or for
unauthorized commercial cannabis activities as specified in Business and Professions
Code Section 26057; or has had a commercial cannabis license suspended or revoked
by the state of California or any city or county in any state, within the three years
preceding the date the application is filed, or is ineligible to apply for a state cannabis
license. No person who has been convicted of such a felony or offense, or subject to
such fines, penalties, sanctions, suspension or revocation, may be engaged (actively or
passively) in the operation, management or ownership of any commercial cannabis
business. A conviction within the meaning of this chapter means a plea or verdict of
guilty or a conviction or diversion following a plea of nolo contendere.
4. The applicant made one or more false or misleading statements or omissions in the
application process.
5. Any person listed on the application is a licensed physician making patient
recommendations for medical or medicinal cannabis pursuant to state law.
6. Any person listed in the application is less than twenty-one years of age.
D. Duration and Activation of Permit. Each commercial cannabis operator permit issued
pursuant to this chapter shall expire twelve months after the date of its activation. The
permittee may apply for renewal prior to expiration in accordance with this chapt er. Each
commercial cannabis operator permit must be activated within twelve months of issuance.
The permit is activated by the issuance of a use permit for the commercial cannabis activity
pursuant to Section 17.86.080, together with all other applicable city permits and state
licenses, and the commercial cannabis operator thereafter opening and continuously
operating the commercial cannabis activity. Failure to timely activate the permit shall be
deemed abandonment of the permit and the permit shall automatically lapse. (Ord. 1673
§§ 1, 2 (Exh. A), 2020; Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.080 Renewal of permit.
A. Renewal Application Filing Deadline. An application for renewal of a commercial
cannabis operator permit shall be filed at least sixty calendar days, but not more than one
hundred twenty calendar days, prior to the expiration date of the permit with the city
manager or his/her designee. All commercial cannabis operator permits shall have an
expiration date of June 30th of each year. If the complete application and fees are timely
submitted but the city does not act to approve or reject the renewal prior to expiration, the
permittee may continue to operate under the expired permit until the city approves or
rejects the application for renewal.
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B. Rejection of Renewal Application. An application for renewal of a commercial cannabis
operator permit shall be rejected if any of the following exists:
1. The commercial cannabis operator permit is revoked at the time of the application or
renewal.
2. The applicant conducted unpermitted commercial cannabis activities in the city or
continued to conduct formerly permitted commercial cannabis activities after
expiration of the permit, other than as expressly permitted by this section.
3. Any of the grounds for disqualification for prequalification set forth in Section
9.10.070(C), or as established by the city council, exist at the time of application for
renewal, or the date of renewal.
4. The permittee fails to renew any required state of California license(s), or the state
revokes or suspends the license. Revocation, termination, nonissuance or suspension
of a license issued by the state of California, or any of its departments or divisions,
shall immediately, concurrently revoke, terminate, or suspend, respectively, the
commercial cannabis operator permit. Such automatic suspension makes it illegal for a
commercial cannabis business or activity to operate within the city of San Luis Obispo
until the state of California, or its respective department or division, reinstates or issues
the state license.
An application for renewal of a commercial cannabis operator permit may be denied if any
of the following exists:
1. The application is filed less than sixty days before expiration.
2. The applicant has received an administrative citation for violating any provision of this
code relating to its commercial cannabis activity(ies) in the city during the last twelve
months, and the administrative citation has not been resolved in the applicant’s favor
by the date of application for renewal. A pending, unresolved appeal of an
administrative citation shall not result in rejection of an otherwise timely and complete
application, but resolution of an appeal in a manner that upholds the violation against
the applicant during the application review period shall result in the immediate
rejection of the application.
3. The commercial cannabis business has not been in regular and continuous operation in
the three months immediately prior to the renewal application.
4. The commercial cannabis business fails to conform to the requirements of this chapter,
any regulations adopted pursuant to this chapter, or the conditions imposed as part of
any use permit or zoning requirements under Section 17.86.080.
5. The commercial cannabis operator permit is suspended at the time of application or
renewal.
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C. Effect of Rejection of Application for Renewal—Operations to Cease Pending Appeals. If
a renewal application is rejected, the commercial cannabis operator permit expires on the
expiration date set forth in the permit, even if an appeal has been filed. All commercial
cannabis activities in the city under the expired permit must stop until all appeals have been
exhausted. A person or entity whose renewal application is rejected, and who loses
his/her/its appeal, must go through the annual commercial cannabis business operator
permit application process. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.090 Suspension or revocation of permit.
In addition to any other penalty authorized by law, a commercial cannabis operator permit may be
suspended or revoked if the city finds, after notice to the permittee and opportunity to be heard,
that the permittee or his or her agents or employees have violated any condition of the permit
imposed pursuant to, or any provision of, this chapter.
1. Upon a finding by the city of a first permit violation within any five-year period, the permit
shall be suspended for thirty days.
2. Upon a finding by the city of a second permit violation within any five-year period, the
permit shall be suspended for ninety days.
3. Upon a finding by the city of a third permit violation within any five-year period, the permit
shall be revoked. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.100.1 Appeal.
A. Qualification—Ranking of Retailers and Cultivators. A decision of the city to not qualify
an applicant for a commercial cannabis operator permit, or to rank applicants for retail or
cultivation licenses, or to allow applicants with the highest rankings the first opportunity
to apply for a commercial cannabis operator permit, shall be the final action of the city and
not appealable.
B. Nonrenewal, Revocation or Suspension. A decision of the city to reject an application for
renewal, or to revoke or suspend a commercial cannabis operator permit, is appealable to
the city manager. An appeal must be filed with the city manager within ten working days
after the renewal has been denied, suspended, or revoked. A decision of the city manager
or his or her designee is appealable to the city council in accordance with Chapter 1.20
C. Effect of Suspension. During a period of license suspension, the commercial cannabis
business shall remove from public view all cannabis and cannabis products and shall not
conduct any commercial cannabis activity.
D. Revocation—Notice to State. Pursuant to Business and Professions Code Section 26200(c),
the city manager or his or her designee shall promptly notify the Bureau of Cannabis
Control within the Department of Consumer Affairs upon the city’s revocation of any local
license, permit, or authorization for a state licensee to engage in commercial cannabis
activity within the city. (Ord. 1647 § 4 (Exh. A (part)), 2018)
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9.10.110 Right to occupy and to use property for commercial cannabis activity.
As a condition precedent to the city’s issuance of a commercial cannabis operator permit pursuant
to this chapter, any person intending to open and operate a commercial cannabis business shall
provide evidence satisfactory to the city of the applicant’s legal right to occupy and use the
proposed location for the proposed use, together with the approval of a use permit from the city
for cannabis activity at the location. In the event the proposed location is owned by or to be leased
from another person, the applicant for a permit under this chapter shall provide a signed and
notarized statement from the property owner agreeing to the operation of a commercial cannabis
business on the property. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.120 Prohibition on transfer of commercial cannabis operator permits.
A. Business Restriction to Location on Permit. It shall be unlawful for any person to transfer
a commercial cannabis operator permit to a location not specified on the permit, or to
operate a commercial cannabis business at any place or location other than that identified
on the commercial cannabis operator permit issued pursuant to this chapter.
B. Transfer or Assignment Prohibited. No person or entity shall encumber, mortgage, lien,
hypothecate, give, bequeath, sell, assign, or transfer, by operation of law or otherwise, any
portion of the ownership or control of a commercial cannabis business or a commercial
cannabis operator permit to any person who does not have a commercial cannabis operator
permit from the city prior to the effective date of any action described in this sentence. The
commercial cannabis operator permittee proposing such an action shall:
1. Notify the city in writing of the proposed action, comply with applicable regulations,
and provide such information as the city reasonably requests regarding the identity and
qualifications of the persons involved, and pay all applicable fees and charges; and
2. Provide proof that the proposed lender, lienholder, recipient, heir, buyer, assignee,
transferee, or other potential recipient of any portion of the ownership or control, at the
time of the notice and effective date of the proposed action, is qualified by the city to
apply for a commercial cannabis operator permit; and the proposed action is
conditioned on the city issuing to the person a new or amended commercial cannabis
operator permit.
3. Notify the city in writing within ten calendar days of the action becoming final with
the names and contact information of the new persons involved, together with a request
that the city issue either a new or amended commercial cannabis operator permit, as
applicable.
C. Assignment Null and Void. Any attempt to transfer, sell, assign, give, or lien, or any
transfer, sale, assignment, gift, or lien, of a commercial cannabis operator permit issued
pursuant to this chapter, by operation of law or otherwise, in violation of this chapter, is
prohibited. Any such action immediately voids, nullifies, and terminates the commercial
cannabis operator permit, which shall be of no further force or effect. (Ord. 1647 § 4 (Exh.
A (part)), 2018)
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9.10.130 Records and reports.
A. City Access to Records. Subject to the Health Insurance Portability and Accountability Act
(HIPAA) regulations, each commercial cannabis business shall allow city of San Luis
Obispo officials to have access to the commercial cannabis business’s books, records,
accounts, and any and all data relevant to its permitted activities for the purpose of
conducting an audit, examination or inspection. Books, records, accounts, and any and all
relevant data will be produced no later than twenty-four hours after receipt of the city’s
request or within a reasonable time as authorized in writing by the city.
B. Annual Audit. Each commercial cannabis business shall file with the city manager or
his/her designee an audit of its financial operations for the previous fiscal year, complete
and certified by an independent certified public accountant in accordance with generally
accepted auditing and accounting principles. The audit shall include but not be limited to a
discussion, analysis, and verification of each of the records required to be maintained
pursuant to this chapter. The information contained in the audit shall be made available in
standard electronic format which shall be compatible with programs and software used by
the city, and which can easily be imported into either Excel, Access or any other
contemporary software designated by the city manager.
C. Inventory Control System. All commercial cannabis businesses shall maintain an inventory
control and reporting system that accurately documents the present location, amounts, and
descriptions of all cannabis and cannabis products for all stages of the growing and
production or manufacturing, laboratory testing and distribution processes until sold or
distributed. All commercial cannabis businesses shall maintain records of all sales or
transfers of cannabis and cannabis products.
D. Employee Registry. Each owner and/or operator of a commercial cannabis business shall
maintain a current register of the names and the contact information (including the name,
address, and telephone number) of all employees currently employed by the commercial
cannabis business and shall disclose such register to any city of San Luis Obispo official
upon request.
E. Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business
shall have in place a point-of-sale tracking system to track and to report on all aspects of
the commercial cannabis business including, but not limited to, such matters as cannabis
tracking, inventory data, and gross sales (by weight and by sale) and shall ensure that such
information is compatible with the city’s recordkeeping systems. The system must have
the capability to produce historical transactional data for review by the city of San Luis
Obispo. All information provided to the city pursuant to this subsection shall be
confidential and shall not be disclosed, except as may otherwise be required under law.
F. Maintenance of Records. All records required by this chapter shall be maintained by the
commercial cannabis business for a period of not less than seven years and shall otherwise
keep accurate records of all commercial cannabis business activity and provide such
records for inspection consistent with this code or any rules the city council may adopt by
resolution or ordinance. (Ord. 1647 § 4 (Exh. A (part)), 2018)
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9.10.140 Inspection and enforcement.
A. Unscheduled Inspection during Business Hours. The city manager or his/her designee and
any other city of San Luis Obispo official or inspector charged with enforcing any
provisions of this code may enter a commercial cannabis business at any time during the
hours of operation without notice for the purpose of inspecting the commercial cannabis
business for compliance with the provisions of this code, the terms and conditions of the
commercial cannabis operator permit or any other city permit or state license, including
inspection of the recordings and records maintained pursuant to this chapter or the
applicable provisions of state law. The right to inspect under this section includes the right
to copy recordings and records.
B. Interference with Inspection. It is unlawful for any person who owns, operates, manages or
is employed by, or has any responsibility over the operation of, a commercial cannabis
business to refuse to allow, or to impede, obstruct, or interfere with, an inspection by the
city, or the city’s review or copying of recordings (including audio and video recordings)
and records, or to conceal, destroy, alter or falsify any recordings or records.
C. Obtaining Samples. The city manager or his/her designee or any other person charged with
enforcing the provisions of this chapter may enter the location of a commercial cannabis
business at any time during the hours of operation and without notice to obtain samples of
cannabis and cannabis products to test for law enforcement and/or public safety purposes.
Any samples obtained by the city of San Luis Obispo shall be logged, recorded, and
maintained in accordance with city of San Luis Obispo police department standards for
evidence. At all other times, the city manager or his/her designee may enter the location of
a commercial cannabis business to obtain samples of cannabis upon reasonable notice, as
otherwise authorized by law or pursuant to a warrant. (Ord. 1647§ 4 (Exh. A (part)), 2018)
9.10.150 Outdoor commercial cannabis cultivation and activities prohibited.
A. Outdoor Commercial Cultivation Prohibited. Outdoor commercial cannabis cultivation,
including, but not limited to, cultivation in greenhouses, hoop structures, and by mixed
light (part daylight/part artificial light), is prohibited and unlawful. This section prohibits
all outdoor commercial cannabis cultivation, including cultivation for profit or not-for-
profit cultivation, and including commercial cultivation for adult recreational use or
medicinal purposes. For purposes of this section, outdoor cultivation of cannabis by
cooperatives is prohibited. All commercial cannabis cultivation shall be conducted only
inside a fully enclosed structure by a person or entity with a commercial cannabis operator
permit, a city use permit, and appropriate state license(s). See also Section
17.86.080(E)(7)(c).
B. Outdoor Commercial Cannabis Activities Prohibited. Outdoor storage, harvesting, drying,
processing, or manufacturing of commercial cannabis or cannabis products is prohibited
and unlawful. (Ord. 1647 § 4 (Exh. A (part)), 2018)
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9.10.160 Indemnification, insurance, reimbursement, consent.
As a condition of approval of any commercial cannabis operator permit issued pursuant to this
chapter, the permittee shall, at a minimum:
A. Execute an agreement to protect, indemnify, defend (at its sole cost and expense with
counsel approved by city), and hold the city of San Luis Obispo and its officers, employees,
attorneys, representatives, and agents harmless from and against any and all claims,
demands, losses, damages, injuries, costs, expenses (including attorneys’ fees), fines,
penalties, or liabilities arising from, related to or associated with: the issuance of a
commercial cannabis operator permit or use permit; the permitting or approving the
operation of a commercial cannabis activity; the collection of any fees, taxes, or charges
from a commercial cannabis business; the commercial cannabis business’s or any of its
owners’, operators’, managers’, employees’, or agents’ violation of any federal, state or
local laws; the city’s suspension, revocation or refusal to renew the commercial cannabis
operator permit.
B. Maintain insurance with standard city coverages and limits, but with additional conditions
thereon as deemed necessary by the city attorney.
C. Reimburse the city of San Luis Obispo for any and all costs, expenses, attorney fees, fines,
penalties and court costs that the city of San Luis Obispo may be required to pay as a result
of any legal challenge related to the city’s approval of a commercial cannabis operator
permit pursuant to this chapter or any other city permit or the city of San Luis Obispo’s
approval of the operation of a commercial cannabis activity. The city of San Luis Obispo
may, at its sole discretion, participate at its own expense in the defense of any such action,
but such participation shall not relieve the obligations imposed under this chapter.
D. Consent to unscheduled inspections, production of records and recordings, and obtaining
of samples of cannabis and cannabis products by authorized city officials during normal
operating hours as provided in this chapter. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.170 Compliance with laws.
The commercial cannabis business shall operate all times in compliance with all applicable state
and local laws, regulations, and any specific, additional operating procedures or requirements
which may be imposed as conditions of approval of the commercial cannabis operator permit or
use permit or state license(s). Nothing in this chapter shall be construed as authorizing any action
which violates state law or local law with respect to the operation of a commercial cannabis
activity. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.180 Permit violation.
Compliance with all local and state cannabis-related laws shall be a condition of a city commercial
cannabis operator permit and it shall be a violation of a commercial cannabis operator permit for
a permittee or his or her agents or employees to violate any local or state cannabis-related law.
(Ord. 1647 § 4 (Exh. A (part)), 2018)
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9.10.190 Permit compliance monitoring.
Compliance with this chapter shall be monitored by the San Luis Obispo police department, code
enforcement staff and/or any other duly authorized agent of the city. Any compliance checks
pursuant to this chapter shall be in addition to any under any other ordinances, regulations or
permits. At least four compliance checks of each cannabis retailer shall be conducted during each
twelve-month period. At least two compliance checks of each commercial cannabis business other
than a retailer shall be conducted during each twelve-month period. The cost of compliance
monitoring shall be incorporated into the annual renewal fee. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.200 Permit holder responsible for violations by employees or agents.
The responsible person and any entity to whom a commercial cannabis operator permit is issued
pursuant to this chapter shall be responsible for all violations of the regulations and ordinances of
the city of San Luis Obispo committed by the permittee or any employee or agent of the permittee,
which violations occur in or about the premises of the commercial cannabis business, even if the
responsible person is not present. Violations by an employee or agent may result in the termination
or nonrenewal of the permit by the city. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.210 Consumption or use prohibited on site and in public—Cannabis event
prohibited.
A. It is unlawful for any person or entity:
1. To sell, give, exchange, dispense or distribute cannabis or cannabis products for on-site
consumption, use or sampling on any business premises; or
2. To consume or use cannabis or cannabis products, whether by smoking, vaping,
inhaling, eating, drinking or any other means:
a) In, on or about the premises of any commercial cannabis business;
b) In, on or about any publicly owned or operated property; any place open to or
accessible by the public; any place smoking is prohibited; or any place visible from
any public place with normal unaided vision;
c) In on or about any other business, club, cooperative or commercial event, regardless
if open to the public or only to members, ticket holders or event invitees;
d) Any location where an entry or other fee is charged to attendees or to the host or
where a thing of value or consideration is received or exchanged, directly or
indirectly, for or related to the provision of cannabis.
B. It is unlawful for any person to conduct a cannabis event in the city. (Ord. 1647 § 4 (Exh.
A (part)), 2018)
9.10.220 Concurrent alcohol or tobacco sales or service prohibited.
A. No person shall dispense, serve, store, give away or consume, or cause or permit the sale,
dispensing, serving, giving away or consumption of alcoholic beverages or tobacco in or
on the premises of a commercial cannabis business.
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B. No person shall conduct any commercial cannabis activity at any location where alcohol is
sold or served. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.230 Minors.
A. Minors shall not be allowed on the premises of a commercial cannabis business having
either an “A” or “M” license, or both, even if accompanied by a parent or guardian.
B. No person under twenty-one years of age shall be allowed on the premises of a commercial
cannabis business having either an “A” or “M” license or both.
C. Every entrance to an “A” or “M” licensed commercial cannabis business shall be clearly
and legibly posted with the following notice: “ENTRY ONTO THESE PREMISES BY
PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. VALID PHOTO
ID REQUIRED.” Each letter of the notice must be at least two inches high and clearly
visible.
D. No person, business, or other entity conducting a commercial cannabis activity with either
an “A” or “M” state license shall employ any person who is not at least twenty-one years
of age. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.240 Sale of cannabis products or cannabis accessories by vending machine
prohibited.
A. No person shall locate, install, keep, maintain, or use, or permit the location, installation,
keeping, maintenance or use on his, her or its premises of, any cannabis vending machine
used or intended to be used for the purpose of selling any cannabis products or cannabis
accessories therefrom.
B. No person, business, or other entity shall sell, offer for sale, or display for sale any cannabis
product by means of a self-service display or vending machine. All cannabis products shall
be offered for sale exclusively by means of vendor/employee assistance.
C. “Vending machine” means any electronic or mechanical device or appliance the operation
of which depends upon the insertion of money, whether in coin or paper bill, or debit or
credit card, or other thing representative of value, which device or appliance dispenses or
releases cannabis, cannabis product(s) and/or cannabis accessories. (Ord. 1647 § 4 (Exh.
A (part)), 2018)
9.10.250 Security and public safety measures.
A. The city manager or his/her designee(s) is authorized to promulgate all regulations
necessary to implement the requirements and fulfill the purposes and policies of this
chapter, including but not limited to enforcement, background checks for applicants,
approval and enforcement of a commercial cannabis activity security plan, including audio
and video recordings of operations, and verification of compliance.
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B. Every commercial cannabis activity shall have a security plan approved by the chief of
police or designee prior to issuance of a city commercial cannabis operator permit.
C. Hours of Operation.
a) Retail Storefront. Retail storefront commercial cannabis business shall not operate
between the hours of eight p.m. and nine a.m.
b) Retail Non-Storefront (Delivery Services). Retail non-storefront (delivery services)
commercial cannabis business shall not operate between the hours of ten p.m. and six
a.m.
c) Commercial Other than Retail. All commercial cannabis activity other than retail is
prohibited between the hours of ten p.m. and seven a.m. (Ord. 1647 § 4 (Exh. A (part)),
2018)
9.10.260 Limitations on city’s liability.
The city shall not be liable for issuing, or failing or refusing to issue, suspending, revoking or
failing to renew a commercial cannabis operator permit pursuant to this chapter or otherwise
approving or disapproving the operation of any commercial cannabis business pursuant to this
chapter. (Ord. 1647 § 4 (Exh. A (part)), 2018)
9.10.270 Fees deemed debt to city.
The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to
the city of San Luis Obispo that is recoverable in any court of competent jurisdiction. (Ord. 1647
§ 4 (Exh. A (part)), 2018)
9.10.280 Violation and penalties.
A. Misdemeanor. Each violation of the provisions of this chapter shall be a misdemeanor and
is punishable as provided in Section 1.12.030; provided, that where the city attorney
determines that such action would be in the interest of justice, he/she may specify in the
accusatory pleading that the offense shall be an infraction. Any violation of the provisions
of this chapter by any person is also subject to administrative fines as provided in Chapter
1.24.
B. Infraction Violation. Where the city attorney determines that, in the interest of justice, a
violation of this chapter is an infraction, such infraction is punishable by a fine not
exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars
for a second violation of the same provision within one year, and a fine not exceeding five
hundred dollars for each additional infraction violation of the same provision within one
year.
C. The fine amounts set forth above may be modified, from time to time, by city council
resolution. In no event shall such fine amounts exceed the amounts authorized by state law.
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D. If the city of San Luis Obispo finds, based on substantial record evidence, that any person
has engaged in commercial cannabis activity in violation of this chapter, the city shall fine
that person as follows: Each day that person without a commercial cannabis operator permit
offers cannabis or cannabis products for sale or exchange shall constitute a separate
violation and assessed a fine in accordance with Sections 1.12.080 and 1.24.070(A).
E. Each person committing, causing, or maintaining a violation of this chapter or failing to
comply with the requirements set forth herein shall be deemed guilty of a separate offense
for each and every day during any portion of which any violation of any provision of this
chapter is committed, continued, maintained, or permitted by such person and shall be
punishable accordingly.
F. The violation of any provision of this chapter shall be and is hereby declared to be a public
nuisance and contrary to the public interest. Any public nuisance under this chapter may,
at the city’s discretion, be abated by the city by civil process by means of a restraining
order, preliminary or permanent injunction, or in any manner provided by law for the
abatement of such nuisance. The city shall also be entitled to recover its full reasonable
costs of abatement. The prevailing party in any proceeding associated with the abatement
of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such
proceeding if the city has elected at the initiation of that individual action or proceeding to
seek recovery of its own attorneys’ fees.
G. In lieu of issuing a criminal citation, the city may issue an administrative citation to any
person responsible for committing, causing or maintaining a violation of this chapter.
Nothing in this section shall preclude the city from also issuing a citation upon the
occurrence of the same offense on a separate day.
H. The remedies set forth in this chapter are cumulative and in addition to any and all other
remedies available at law or equity, whether set forth elsewhere in the San Luis Obispo
Municipal Code, or in state or federal laws, regulations, or case law. In addition to other
remedies provided by this chapter or by other law, any violation of this chapter may be
remedied by a civil action brought by the city attorney, including but not limited to
administrative or judicial nuisance abatement proceedings, civil or criminal code
enforcement proceedings, and suits for injunctive relief. (Ord. 1647 § 4 (Exh. A (part)),
2018)
9.10.290 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter is for
any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect
the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this chapter or the rules adopted hereby. The city council of the
city of San Luis Obispo hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or
more other sections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable. (Ord. 1647 § 4 (Exh. A (part)), 2018)
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Chapter 5.10 CANNABIS BUSINESS TAX Exhibit B
5.10.010 Title
5.10.020 Authority and purpose
5.10.030 Intent
5.10.040 Definitions
5.10.045 Registration of cannabis business
5.10.050 Tax imposed
5.10.060 Reporting and remittance of tax
5.10.070 Payments and communications – Timely remittance
5.10.080 Payment – When taxes deemed delinquent
5.10.090 Notice not required by the city
5.10.100 Penalties and interest
5.10.110 Refunds and credits
5.10.120 Refunds and procedures
5.10.130 Personal cultivation not taxed
5.10.140 Administration of the tax
5.10.150 Appeal procedure
5.10.160 Enforcement – Action to collect
5.10.170 Apportionment
5.10.180 Constitutionality and legality
5.10.190 Audit and examination of premises and records
5.10.200 Other licenses, permits, taxes, fees, or charges
5.10.210 Payment of tax does not authorize unlawful business
5.10.220 Deficiency determinations
5.10.230 Failure to report – Nonpayment, fraud
5.10.240 Tax assessment – Notice requirements
5.10.250 Tax assessment – Hearing, application, and determination
5.10.260 Relief from taxes – Disaster relief
5.10.270 Conviction for violation – Taxes not waived
5.10.280 Violation deemed misdemeanor
5.10.290 Severability
5.10.300 Remedies cumulative
5.10.310 Amendment or repeal
5.10.320 Enforcement consistent with business license tax
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5.10.010 Title.
This chapter shall be known as the cannabis business tax ordinance. (Ord. 1659 § 1 (part), 2018)
5.10.020 Authority and purpose.
The purpose of this chapter is to impose a tax, for revenue purposes, pursuant to Section 203 of
the city charter and Sections 37101 and 37100.5 of the California Government Code, upon persons
who engage in cannabis business in the city.
The cannabis business tax is a general tax enacted solely to raise revenue for general governmental
purposes of the city and not for regulation. All of the proceeds from the tax imposed by this chapter
shall be placed in the city’s general fund and be available for any lawful municipal purpose in the
discretion of the city. (Ord. 1659 § 1 (part), 2018)
5.10.030 Intent.
The intent of this chapter is to levy a tax on all cannabis businesses that operate in the city,
regardless of whether such business would have been legal at the time the ordinance codified in
this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any
business activity that would not otherwise be legal or permissible under laws applicable to the
activity at the time the activity is undertaken. (Ord. 1659 § 1 (part), 2018)
5.10.040 Definitions.
The following words and phrases shall have the meanings set forth below when used in this
chapter:
A. “Business” shall include all activities engaged in or caused to be engaged in within the
city, including any commercial or industrial enterprise, trade, profession, occupation,
vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not
include the services rendered by an employee to his or her employer.
B. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means
cannabis as defined by Section 11018.5 of the California Health and Safety Code, by
Section 26001(f) of the Business and Professions Code, and by other state law.
C. “Cannabis product” means raw cannabis that has undergone a process whereby the raw
agricultural product has been transformed into a concentrate, an edible product, or a topical
product. “Cannabis product” also means marijuana products as defined by Section 11018.1
of the California Health and Safety Code and by other state law.
D. “Canopy” means all areas occupied by any portion of a cannabis plant whether
contiguous or noncontiguous on any one site. When plants occupy multiple horizontal
planes (as when plants are placed on shelving above other plants) each plane shall be
counted as a separate canopy area.
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E. “Cannabis business” means any business activity involving cannabis, including but not
limited to cultivating, transporting, distributing, manufacturing, compounding, converting,
processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and
wholesaling of cannabis, of cannabis products or of ancillary products and accessories,
whether or not carried on for gain or profit, whether for medical or recreational use, and
whether or not such business is licensed by the state.
F. “Cannabis business tax” or “business tax” means the tax due pursuant to this chapter
for engaging in cannabis business in the city.
G. “City manager” means the city manager of the city under Section 703 of the charter or
his or her designee under Section 1.08.070.
H. “Commercial cannabis cultivation” means cultivation in the course of conducting a
cannabis business. “Commercial cannabis cultivation” does not include personal medical
cannabis cultivation or cultivation for personal recreational use as authorized by the
Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) for which the
individual receives no compensation whatsoever.
I. “City permit” means a permit issued by the city to a person to authorize that person to
operate or engage in a cannabis business.
J. “Cultivation” means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis and includes, but is not limited to, the operation
of a nursery.
K. “Delivery” means the transfer for any form of compensation of cannabis or cannabis
products to a customer or caregiver at a location that is not a dispensary.
L. “Dispensary” means a place at which cannabis, cannabis products, or accessories for
the use of cannabis or cannabis products are offered, either individually or in combination,
for retail sale, including an establishment that engages in delivery, whether or not from a
fixed place of business.
M. “Distributor” means a person engaged in procuring cannabis and/or cannabis products
for sale to a dispensary or other point of retail sale. “Distribution” means engaging in that
conduct.
N. “Employee” means each and every person engaged in the operation or conduct of any
business, whether as owner, member of the owner’s family, partner, associate, agent,
manager or solicitor, and each and every other person employed or working in such
business for a wage, salary, commission, barter or any other form of compensation.
O. “Engaged in business as a cannabis business” means the commencing, conducting,
operating, managing or carrying on of a cannabis business, whether done as owner, or by
means of an officer, agent, manager, employee, or otherwise, whether operating from a
fixed location in the city or coming into the city from an outside location to engage in such
activities. A person shall be deemed engaged in business within the city if:
1. Such person or person’s employee maintains a fixed place of business within
the city for the benefit or partial benefit of such person;
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2. Such person or person’s employee owns or leases real property within the city
for business purposes;
3. Such person or person’s employee regularly maintains a stock of tangible
personal property in the city for sale in the ordinary course of business;
4. Such person or person’s employee regularly conducts solicitation of business
within the city; or
5. Such person or person’s employee performs work or renders services in the city.
The foregoing specified activities shall not be a limitation on the meaning of “engaged in
business.”
P. “Evidence of doing business” means evidence such as, without limitation, use of signs,
circulars, cards or any other advertising media, including the use of internet or telephone
solicitation, or representation to a government agency or to the public that such person is
engaged in a cannabis business in the city.
Q. “Calendar year” means January 1st through December 31st of the following calendar
year.
R. “Gross receipts,” except as otherwise specifically provided, means, whether designated
a sales price, royalty, rent, commission, dividend, or other designation, the total amount
(including all receipts, cash, credits and property of any kind or nature) received or payable
for sales of goods, wares or merchandise or for the performance of any act or service of
any nature for which a charge is made or credit allowed (whether such service, act or
employment is done as part of or in connection with the sale of goods, wares, merchandise
or not), without any deduction therefrom on account of the cost of the property sold, the
cost of materials used, labor or service costs, interest paid or payable, losses or any other
expense whatsoever. However, the following shall be excluded from the definition of gross
receipts:
1. Cash discounts where allowed and taken on sales;
2. Any tax required by law to be included in or added to the purchase price and
collected from the consumer or purchaser;
3. Such part of the sale price of any property returned by purchasers to the seller
as refunded by the seller by way of cash or credit allowances or return of refundable
deposits previously included in gross receipts;
4. Receipts derived from the occasional sale of used, obsolete or surplus trade
fixtures, machinery or other equipment used by the taxpayer in the regular course
of the taxpayer’s business;
5. Cash value of sales, trades or transactions between departments or units of the
same business;
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6. Whenever there are included within the gross receipts amounts which reflect
sales for which credit is extended and such amount proved uncollectible in a
subsequent year, those amounts may be excluded from the gross receipts in the year
they prove to be uncollectible; provided, however, if the whole or portion of such
amounts excluded as uncollectible are subsequently collected they shall be included
in the amount of gross receipts for the period when they are recovered;
7. Receipts of refundable deposits, except that such deposits when forfeited and
taken into income of the business shall not be excluded when in excess of one
dollar;
8. Amounts collected for others where the business is acting as an agent or trustee
and to the extent that such amounts are paid to those for whom collected. These
agents or trustees must provide the finance department with the names and the
addresses of the others and the amounts paid to them. This exclusion shall not apply
to any fees, percentages, or other payments retained by the agent or trustees;
9. Retail sales of t-shirts, sweaters, hats, stickers, key chains, bags, books, posters,
rolling papers, cannabis accessories such as pipes, pipe screen, vape pen batteries
(without cannabis) or other personal tangible property which the tax administrator
has excluded in writing by issuing an administrative ruling per Section 5.10.140
shall not be subject to the cannabis business tax under this chapter. However, any
retail sales not subject to this chapter as a result of the administrative ruling shall
be subject to the appropriate business tax under Chapter 5.01 or any other chapter
or title as determined by the tax administrator.
S. “Manufacturer” means a person who engages in the production, preparation,
propagation, or compounding of cannabis or cannabis products either directly or indirectly
or by extraction methods, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis.
T. “Nursery” means a facility or part of a facility that is used only for producing clones,
immature plants, seeds, and other agricultural products used specifically for the planting,
propagation, and cultivation of cannabis.
U. “Person” means an individual, firm, partnership, joint venture, association, collective,
corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or
any other group or combination acting as a unit, whether organized as a nonprofit or for -
profit entity, and includes the plural as well as the singular number.
V. “Sale” means and includes any sale, exchange, or barter.
W. “State” means the state of California.
X. “Tax administrator” means the finance director of the city of San Luis Obispo or his
or her designee.
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Y. “Testing laboratory” means a cannabis business that (1) offers or performs tests of
cannabis or cannabis products, (2) offers no service other than such tests, (3) sells no
products, excepting only testing supplies and materials, (4) is accredited by an accrediting
body that is independent from all other persons involved in the cannabis industry in the
state and (5) is licensed by the Bureau of Cannabis Control. (Ord. 1659 § 1 (part), 2018)
5.10.45 Registration of cannabis business.
A. All persons engaging in a cannabis business, whether an existing, newly established or acquired
business, shall register with the tax administrator’s office by the later of:
1. Thirty days after commencing operation; or
2. January 1, 2019 and shall annually renew such registration annually thereafter by
July 1st of each year, with any such renewal becoming delinquent on July 31st of each
year. on or before the anniversary of the initial registration for that business.
3. The Tax Administrator is authorized to prorate existing, newly established, or
acquired business registration fees consistent with the intent of this Chapter and as
otherwise required by applicable law. Nothing herein is intended, nor shall it be
interpreted or applied to increase any tax in excess of the rate approved by the voters
of the City of San Luis Obispo and the Tax Administrator shall ensure that no
application of the provisions herein are so applied.
B. Registrants shall furnish to the tax administrator a statement sworn under penalty of perjury,
upon a form provided by the tax administrator, setting forth:
1. Every name under which the business engages in commercial cannabis activity in the
city;
2. The names and addresses of every person who is an owner, principal or manager of the
business;
3. The nature or kind of all business activity to be conducted;
4. The place or places, whether or not in the city, where such business is to be conducted;
and
5. Any further information which the tax administrator may require to administer the tax
under this chapter.
C. Registrants shall pay an annual registration fee in an amount established from time to time by
resolution of the city to recover the city’s costs to implement the registration requirement of this
section, and the other provisions of this chapter, other than the duty to pay tax when due. As a
regulatory fee, such fee shall be limited to the city’s reasonable costs for those activities. (Ord.
1659 § 1 (part), 2018)
5.10.050 Tax imposed.
A. Beginning January 1, 2019, there is imposed upon each person who is engaged in business as
a cannabis business a cannabis business tax, whether the business has been issued a permit to
operate lawfully in the city or is operating unlawfully.
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B. The initial rate of the cannabis business tax shall be as follows, unless adjusted:
1. For every person who is engaged in commercial cannabis cultivation in the city:
a. Seven dollars annually per square foot of canopy space in a facility.
For purposes of this chapter, the square feet of canopy space for a business shall be
rebuttably presumed to be the maximum square footage of canopy allowed by the
business’s city permit for commercial cannabis cultivation, or, in the absence of a
city permit, the square footage shall be the maximum square footage of canopy for
commercial cannabis cultivation allowed by the business’s state license. Should a
city permit be issued to a business which cultivates only for certain months of the
year, the city shall prorate the tax as to sufficiently reflect the period in which
cultivation is occurring at the business. In no case shall canopy square footage
which is authorized by the city commercial cannabis permit, but not utilized for
cultivation, be deducted for the purpose of determining the tax for cultivation,
unless the tax administrator is informed in writing that such space will not be used
and authorizes such reduction for the purpose of relief from the tax prior to the
period for which the space will not be used.
2. For every person who engages in the operation of a testing laboratory: one percent of
gross receipts.
3. For every person who engages in the retail sales of cannabis as a retailer (dispensary)
or non-storefront retailer (delivery) or microbusiness (retail sales): six percent of gross
receipts.
4. For every person who engages in a cannabis distribution business: two percent of gross
receipts.
5. For every person who engages in a cannabis manufacturing, processing, microbusiness
(nonretail), or any other type of cannabis business not described in subsection (B)(1),
(B)(2), (B)(3) or (B)(4) of this section: two and one-half percent of gross receipts.
C. The city council may, by resolution or ordinance, adjust the rate of the cannabis business tax.
However, in no event may the city council set any adjusted rate that exceeds the maximum rate
calculated pursuant to subsection D of this section for the date on which the adjusted rate will
commence.
D. The maximum rate shall be calculated as follows:
1. For every person who is engaged in commercial cannabis cultivation in the city:
a. Through January 1, 2021, the maximum rate shall be:
i. Ten dollars annually per square foot of canopy space in a facility.
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b. On January 1, 2022, and on each January 1st thereafter, the maximum annual
tax rate per square foot of each type of canopy space shall increase by the
percentage change between January of the calendar year prior to such increase and
January of the calendar year of the increase in the Consumer Price Index (“CPI”)
for all urban consumers in the Los Angeles-Long Beach-Anaheim area as published
by the United States Government Bureau of Labor Statistics. However, no CPI
adjustment resulting in a decrease of any tax imposed by this subsection shall be
made.
2. For every person who engages in the operation of a testing laboratory, the maximum
tax rate shall not exceed two and one-half percent of gross receipts.
3. For every person who engages in the retail sales of cannabis as a retailer (dispensary)
or non-storefront retailer (delivery business), or microbusiness (retail sales activity), the
maximum tax rate shall not exceed ten percent of gross receipts.
4. For every person who engages in a cannabis distribution business, the maximum tax
rate shall not exceed three percent of gross receipts.
5. For every person who engages in a cannabis manufacturing, processing, microbusiness
(nonretail activity) or any other type of cannabis business not described in subsection
(D)(1), (D)(2), (D)(3) or (D)(4) of this section, the maximum tax rate shall not exceed four
percent of gross receipts. (Ord. 1659 § 1 (part), 2018)
5.10.060 Reporting and remittance of tax.
A. The cannabis business tax imposed by this chapter shall be paid, in arrears, on a monthly basis.
For commercial cannabis cultivation, the tax due for each month shall be based on the square
footage of the business’s canopy space during the month and the rate shall be twelve percent of
the applicable annual rate. For all other cannabis businesses activities, the tax due for each month
shall be based on the gross receipts for the month.
B. Each person owing cannabis business tax for a month shall, no later than the last day of the
following month, file with the tax administrator a statement of the tax owed for that month and the
basis for calculating that tax. The tax administrator may require that the statement be submitted on
a form prescribed by the tax administrator. The tax for each month shall be due and payable on
that same date as the statement for the month is due.
C. Upon cessation of a cannabis business, tax statements and payments shall be immediately due
for all months up to the month during which cessation occurred.
D. The tax administrator may, at his or her discretion, establish shorter repor t and payment
periods for any taxpayer as the tax administrator deems necessary to ensure collection of the tax.
The tax administrator may also require that a deposit, to be applied against the taxes for a month,
be made by a taxpayer at the beginning of that month. In no event shall the deposit required by the
tax administrator exceed the tax amount he or she projects will be owed by the taxpayer for the
month. The tax administrator may require that a taxpayer make payments via a cashier’s check,
money order, wire transfer, or similar instrument. (Ord. 1659 § 1 (part), 2018)
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5.10.070 Payments and communications—Timely remittance.
Whenever any payment, statement, report, request or other communication is due, it must be
received by the tax administrator on or before the final due date. A postmark will not be accepted
as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday, the due date
shall be the next regular business day on which the city is open to the public. (Ord. 1659 § 1 (part),
2018)
5.10.080 Payment—When taxes deemed delinquent.
Unless otherwise specifically provided under other provisions of this chapter, the taxes required
to be paid pursuant to this chapter shall be deemed delinquent if not received by the tax
administrator on or before the due date as specified in Sections 5.10.060 and 5.10.070. (Ord. 1659
§ 1 (part), 2018)
5.10.090 Notice not required by the city.
Failure of the tax administrator to send a notice or bill shall not affect the validity of any tax or
penalty due under the provisions of this chapter. (Ord. 1659 § 1 (part), 2018)
5.10.100 Penalties and interest.
A. Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant
to this chapter on or before the due date shall pay penalties and interest as follows:
1. A penalty equal to ten percent of the amount of the tax, in addition to the amount of the
tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one
percent per month.
2. If the tax remains unpaid for a period exceeding one calendar month beyond the due
date, an additional penalty equal to twenty-five percent of the amount of the tax, plus
interest at the rate of one percent per month on the unpaid tax and on the unpaid penalties.
3. Interest shall be applied at the rate of one percent per month on the first day of the
month for the full month and will continue to accrue monthly on the tax and penalty until
the balance is paid in full.
B. Whenever a check or electronic payment is submitted in payment of a cannabis business tax
and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be
liable for the tax amount due plus any fees, penalties and interest as provided for in this section,
and any other amount allowed under state law. (Ord. 1659 § 1 (part), 2018)
5.10.110 Refunds and credits.
A. No refund shall be made of any tax collected pursuant to this chapter, except as provided in
Section 5.10.120.
B. No refund of any tax collected pursuant to this chapter shall be made because of the
discontinuation, dissolution, or other termination of a business. (Ord. 1659 § 1 (part), 2018)
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5.10.120 Refunds and procedures.
A. Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid
more than once, or has been erroneously collected or received by the city under this chapter, it may
be refunded to the claimant who paid the tax; provided, that a written claim for refund is filed with
the tax administrator within one year of the date the tax was originally due and payable.
B. The tax administrator, his or her designee or any other city officer charged with the
administration of this chapter shall have the right to examine and audit all the books and business
records of the claimant in order to determine the eligibility of the claimant to the claimed re fund.
No claim for refund shall be allowed if the claimant refuses to allow such examination of
claimant’s books and business records after request by the tax administrator to do so.
C. In the event that the cannabis business tax was erroneously paid, and the error is attributable
to the city, upon a timely claim the city shall refund the amount of tax erroneously paid in the year
preceding the date the claim was received. (Ord. 1659 § 1 (part), 2018)
5.10.130 Personal cultivation not taxed.
The provisions of this chapter shall not apply to personal cannabis cultivation as defined in the
Medicinal and Adult-Use Cannabis Regulation and Safety Act. This chapter shall not apply to
personal use of cannabis that is specifically exempted from the city or state licensing requirements,
that meets the definition of personal use or equivalent terminology under state law, and for which
the individual receives no compensation whatsoever related to that personal use. (Ord. 1659 § 1
(part), 2018)
5.10.140 Administration of the tax.
A. It shall be the duty of the tax administrator to collect the taxes, penalties, fees, and perform
the duties required by this chapter.
B. For purposes of administration and enforcement of this chapter generally, the tax administrator
may from time to time promulgate such administrative interpretations, rules, and procedures
consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary
to implement or clarify such provisions or aid in enforcement. He or she shall give notice of those
regulations in the manner required by law for publication of ordinances of the city council and the
regulations shall take effect thirty days after such notice unless otherwise provided in a particular
regulation.
C. The tax administrator may take such administrative actions as needed to administer the tax,
including but not limited to:
1. Provide to all cannabis business taxpayers forms for the reporting of the tax;
2. Provide information to any taxpayer concerning the provisions of this chapter;
3. Receive and record all taxes remitted to the city as provided in this chapter;
4. Maintain records of taxpayer reports and taxes collected pursuant to this chapter;
5. Assess penalties and interest to taxpayers pursuant to this chapter;
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6. Determine amounts owed and enforce collection pursuant to this chapter. (Ord. 1659
§ 1 (part), 2018)
5.10.150 Appeal procedure.
Any taxpayer aggrieved by any decision of the tax administrator with respect to the amount of tax,
interest, penalties and fees, if any, due under this chapter may appeal to the city manager by filing
a notice of appeal with the city clerk within thirty days of the serving or mailing of the
determination of tax due. The city clerk, or his or her designee, shall fix a time and place for
hearing such appeal, and the city clerk, or his or her designee, shall give notice in writing to such
operator at the last known place of address. The finding of the city manager shall be final and
conclusive as to the city, but subject to judicial review under Code of Civil Procedure Section
1094.5 and shall be served upon the appellant in the manner prescribed by this chapter for service
of notice of hearing. Any amount found to be due shall be immediately due and payable upon the
service of the notice. (Ord. 1659 § 1 (part), 2018)
5.10.160 Enforcement—Action to collect.
Any taxes, penalties and/or fees required to be paid under the provisions of this chapter shall be
deemed a debt owed to the city. Any person owing money to the city under the provisions of this
chapter shall be liable in an action brought in the name of the city for the recovery of such debt.
(Ord. 1659 § 1 (part), 2018)
5.10.170 Apportionment.
If a business subject to the tax is operating both within and outside the city, it is the intent of the
city to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion
of the taxed activity actually carried on in the city. To the extent federal or state law requires that
any tax due from any taxpayer be apportioned, the taxpayer may propose an apportionment on his
or her tax return. The tax administrator may accept or reject that apportionment and, if the latter,
shall establish an appropriate apportionment on such evidence as is provided by the taxpayer or
otherwise available to the tax administrator. The tax administrator may promulgate administrative
procedures for apportionment as he or she finds useful or necessary. (Ord. 1659 § 1 (part), 2018)
5.10.180 Constitutionality and legality.
A. This tax is intended to be applied consistently with the United States and California
Constitutions, state law and the city charter. The tax shall not be applied so as to cause an undue
burden upon interstate commerce, a violation of the equal protection and due process clauses of
the Constitution of the United States or the state of California, to constitute a special tax, or to
cause a violation of any other provision of applicable law.
B. The taxes imposed under this chapter are excises on the privilege of engaging in commercial
cannabis activity in the city. They are not sales or use taxes and shall not be calculated or assessed
as such. Nevertheless, at the option of a cannabis business, the tax may be separately identified on
invoices, receipts and other evidences of transactions. (Ord. 1659 § 1 (part), 2018)
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5.10.190 Audit and examination of premises and records.
A. For the purpose of ascertaining the amount of cannabis business tax owed or verifying any
representations made by any taxpayer to the city in support of his or her tax calculation, the tax
administrator shall have the power to inspect any location where commercial cannabis cultivation
or commercial business activity occurs, whether or not located in the city, and to audit and examine
all books and records (including, but not limited to, bookkeeping records, state and federal income
tax returns, and other records relating to the gross receipts of the business) of persons engaged in
cannabis businesses. In conducting such investigation, the tax administrator shall have the power
to inspect any equipment, such as computers or point of sale machines, that may contain such
records.
B. It shall be the duty of every person liable for the collection and payment to the city of any tax
imposed by this chapter to keep and preserve, for a period of at least three years, all records as may
be necessary to determine the amount of such tax as he or she may have been liable to pay to the
city, which records the tax administrator or his/her designee shall have the right to inspect at all
reasonable times. (Ord. 1659 § 1 (part), 2018)
5.10.200 Other licenses, permits, taxes, fees or charges.
A. Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or
in any way affect any requirements for any permit or license required by, under or by virtue of any
provision of any other chapter of this code or any other ordinance or resolution of the city, nor be
deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge
imposed, assessed or required by, under or by virtue of any other chapter of this code or any other
ordinance or resolution of the city. Any references made or contained in any other chapter of this
code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall b e
deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided
for in other chapters of this code unless the context is plain that another meaning is intended.
B. Notwithstanding subsection A of this section, a cannabis business shall not be required to pay
the license fee required by Chapter 5.01 so long as all of the business’s activities within the city
that would require payment of a license fee are subject to the cannabis business tax.
C. The tax administrator may revoke or refuse to renew the license required by Chapter 5.01 for
any business that is delinquent in the payment of any tax due pursuant to this chapter or that fails
to make a deposit required by the tax administrator pursuant to Section 5.10.060. (Ord. 1659 § 1
(part), 2018)
5.10.210 Payment of tax does not authorize unlawful business.
A. The payment of a cannabis business tax required by this chapter, and its acceptance by the
city, shall not entitle any person to carry on any cannabis business unless the person has complied
with all of the requirements of this code and all other applicable state and local laws.
B. No tax paid under the provisions of this chapter shall be construed as authorizing the conduct
or continuance of any illegal or unlawful business, or any business in violation of any local or state
law, although businesses illegal under other law are nevertheless subject to tax under this chapter
according to its terms. (Ord. 1659 § 1 (part), 2018)
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5.10.220 Deficiency determinations.
If the tax administrator is not satisfied that any statement filed as required under the provisions of
this chapter is correct, or that the amount of tax is correctly computed, he or she may compute and
determine the amount to be paid and make a deficiency determination upon the basis of the facts
contained in the statement or upon the basis of any information in his or her possession or that may
come into his or her possession within three years of the date the tax was originally due and
payable. One or more deficiency determinations of the amount of tax due for a period or periods
may be made. When a person discontinues engaging in a business, a deficiency determination may
be made at any time within three years thereafter as to any liability arising from engaging in such
business whether or not a deficiency determination is issued prior to the date the tax would
otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the
person concerned in the same manner as notices of assessment are given under Section 5.10.240.
(Ord. 1659 § 1 (part), 2018)
5.10.230 Failure to report—Nonpayment, fraud.
A. Under any of the following circumstances, the tax administrator may make and give notice of
an assessment of the amount of tax owed by a person under this chapter at any time:
1. If the person has not filed a complete statement required under the provisions of this
chapter;
2. If the person has not paid the tax due under the provisions of this chapter;
3. If the person has not, after demand by the tax administrator, filed a corrected statement,
or furnished to the tax administrator adequate substantiation of the information contained
in a statement already filed, or paid any additional amount of tax due under the provisions
of this chapter; or
4. If the tax administrator determines that the nonpayment of any business tax due under
this chapter is due to fraud, a penalty of twenty-five percent of the amount of the tax shall
be added thereto in addition to penalties and interest otherwise stated in this chapter and
any other penalties allowed by law.
B. The notice of assessment shall separately set forth the amount of any tax known by the tax
administrator to be due or estimated by the tax administrator, after consideration of all information
within the tax administrator’s knowledge concerning the business and activities of the person
assessed, to be due under each applicable section of this chapter and shall include the amount of
any penalties or interest accrued on each amount to the date of the notice of assessment. (Ord.
1659 § 1 (part), 2018)
5.10.240 Tax assessment—Notice requirements.
The notice of assessment shall be served upon the person either by personal delivery, or by a
deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at
the address of the location of the business or to such other address as he or she shall register with
the tax administrator for the purpose of receiving notices provided under this ch apter; or, should
the person have no address registered with the tax administrator for such purpose, then to such
person’s last known address. For the purposes of this section, a service by mail is complete at the
time of deposit in the United States mail. (Ord. 1659 § 1 (part), 2018)
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Ordinance No. 1691 (2021 Series) Page 32
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5.10.250 Tax assessment—Hearing, application, and determination.
Within thirty days after the date of service the person may apply in writing to the tax administrator
for a hearing on the assessment. If application for a heari ng before the city is not made within the
time herein prescribed, the tax assessed by the tax administrator shall become final and conclusive.
Within thirty days of the receipt of any such application for hearing, the tax administrator shall
cause the matter to be set for hearing before him or her no later than thirty days after the receipt of
the application, unless a later date is agreed to by the tax administrator and the person requesting
the hearing. Notice of such hearing shall be given by the tax administrator to the person requesting
such hearing not later than five days prior to such hearing. At such hearing said applicant may
appear and offer evidence why the assessment as made by the tax administrator should not be
confirmed and fixed as the tax due. After such hearing the tax administrator shall determine and
reassess the proper tax to be charged and shall give written notice to the person in the manner
prescribed in Section 5.10.240 for giving notice of assessment. (Ord. 1659 § 1 (part), 2018)
5.10.260 Relief from taxes—Disaster relief.
A. If a business is unable to comply with any tax requirement due to a disaster, the business may
notify the tax administrator of this inability to comply and request relief from the tax requirement;
B. The tax administrator, in its sole discretion, may provide relief from the cannabis business tax
requirement for businesses whose operations have been impacted by a disaster if such tax liability
does not exceed five thousand dollars. If such tax liability is five thousand one dollars or more
then such relief shall only be approved by the city manager;
C. Temporary relief from the cannabis tax may be relieved for a reasonable amount of time as
determined by the tax administrator in order to allow the cannabis business time to recover from
the disaster;
D. The tax administrator may require that certain conditions be followed in order for a cannabis
business to receive temporary relief from the cannabis business tax requirement;
E. A cannabis business shall not be subject to an enforcement action for a violation of a cannabis
business requirement in which the licensee has received temporary relief from the tax
administrator;
F. For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or
similar public calamity, whether or not resulting from natural causes.
1. The cannabis business must notify the tax administrator in writing of a request for
temporary relief from imposition of the tax requirement pursuant to subsection A of this
section, indicating clearly why disaster relief is requested, the time period for which the
relief is requested, and the reasons relief is needed for the specified amount of time;
2. The cannabis business agrees to grant the tax collector or his/her designee access to the
location where the cannabis business has been impacted due to a disaster. (Ord. 1659 § 1
(part), 2018)
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5.10.270 Conviction for violation—Taxes not waived.
The conviction and punishment of any person for failure to pay the required tax shall not excuse
or exempt such person from any civil action for the tax debt unpaid at the time of such conviction.
No civil action shall prevent a criminal prosecution for any violation of the provisions of this
chapter or of any state law requiring the payment of all taxes. (Ord. 1659 § 1 (part), 2018)
5.10.280 Violation deemed misdemeanor.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor
punishable under Chapter 1.12 unless the tax administrator provides by regulation that violation
of a particular provision of this chapter ought to be enforced as an infraction or if the city attorney
determines in his or her discretion that a particular violation ought to be enforced as an infraction
in the interests of justice. (Ord. 1659 § 1 (part), 2018)
5.10.290 Severability.
If any provision of this chapter, or its application to any person or circumstance, is determined by
a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that
determination shall have no effect on any other provision of this chapter or the application of this
chapter to any other person or circumstance and, to that end, the provisions hereof are severable.
(Ord. 1659 § 1 (part), 2018)
5.10.300 Remedies cumulative.
All remedies and penalties prescribed by this chapter or which are available under any other
provision of the San Luis Obispo Municipal Code and any other provision of law or equity are
cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy
for the purpose of enforcing the provisions of this chapter; provided only that the city not recover
any sum due under this chapter, including penalties and interest, more than once. (Ord. 1659 § 1
(part), 2018)
5.10.310 Amendment or repeal.
This chapter may be repealed or amended by the city council without a vote of the people to the
extent allowed by law. However, as required by Article XIII C of the California Constitution, voter
approval is required for any amendment that would increase the maximum rates of any tax
established pursuant to this chapter. The people of the city of San Luis Obispo affirm that the
following actions shall not constitute an increase of the rate of a tax:
A. The restoration of a tax to a rate or amount that is no higher than that set by this chapter;
B. An action that interprets or clarifies the methodology of the tax, or any definition applicable
to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or
clarification) is not inconsistent with the language of this chapter; or
C. The collection of the tax imposed by this chapter even if the city had, for some period of time,
failed to collect the tax. (Ord. 1659 § 1 (part), 2018)
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5.10.320 Enforcement consistent with business license tax.
Except as otherwise provided in this chapter, the taxes due under this chapter may be enforced in
the manner provided by Chapter 5.01 and any policy or regulation adopted or implement pursuant
to that chapter. (Ord. 1659 § 1 (part), 2018)
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Department Name: Community Development
Cost Center: 4003
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Director of Community Development
Prepared By: Dan Van Beveren, Senior Civil Engineer
SUBJECT: UTILITY EASEMENT FOR 136 NORTH CHORRO
RECOMMENDATION
Adopt a Resolution (Attachment A) approving and authorizing the Mayor to execute an
Easement Deed (Attachment B) with Pacific Gas and Electric (PG&E) to allow for utility
relocation within the City-owned property at 136 North Chorro Street.
DISCUSSION
Background
A mixed use project, located at 790 Foothill Blvd (Attachment C), is currently under
construction. The project consists of a new building with 6,800 square feet of commercial/retail
space, and 78 residential units.
The approved set of Public Improvement Plans for the mixed-use project includes the
construction of new sidewalks, sewer facilities, a new traffic signal, and the undergrounding of
existing overhead utility lines along the project frontage as well as a segment that crosses North
Chorro Street and connects to an existing utility pole located on private property on the east side
of the street (Attachment D).
In order to connect to the existing utility pole on the east side of the street, a segment of utility
lines will need be undergrounded within a City-owned property at 136 North Chorro. This
property is the location of City Fire Station #2. The undergrounding within the property will
require a utility easement to be recorded. The developer of the 790 Foothill mixed-use project
has obtained a draft Easement Deed from PG&E, which includes a legal description and exhibit
for the utility easement. Once this Easement Deed is executed and recorded, the underground
utility lines can be installed, and the overhead lines can be removed.
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Previous Council or Advisory Body Action
• On January 16, 2019, the City Council denied an appeal and upheld the Planning
Commission’s approval of the mixed-use project located at 790 Foothill Blvd. One of the
conditions of approval of the project requires the emergency communications antenna
currently located on the Fire Station #2 site to be relocated. This project is currently
under way, and the antenna will be co-located with other emergency communications
facilities to be located on the Cal Poly campus, which results in enhanced service to the
community.
• On July 25, 2018, the Planning Commission approved the use permit for a mixed-use
project in the Foothill Boulevard/Santa Rosa Special Planning Area, expanded
commercial/retail hours of operation, and approved the use of mechanical parking lifts.
• On July 16, 2018, the Architectural Review Commission (ARC) approved architectural
plans for the mixed-use project that had been revised based on the ARC’s directional
items.
• On May 7, 2018 the ARC reviewed the architectural aspects of the project, continued the
project, and provided the applicant with eleven (11) directional items to incorporate
within the revised project.
CONCURRENCE
The City’s Fire Department, Public Works Department, and Community Development
Department all concur on the recommended action.
ENVIRONMENTAL REVIEW
The mixed-use project was determined to be categorically exempt from the California
Environmental Quality Act (CEQA) as an in-fill development project. For the specific action of
executing an easement deed, environmental review is not required.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A N/A N/A
State N/A N/A N/A
Federal N/A N/A N/A
Fees N/A N/A N/A
Other: N/A N/A N/A
Total N/A
Other than a minor and likely insignificant impact to the value of the property containing the new
easement, there is no fiscal impact associated with the recording of an easement.
ALTERNATIVES
Council could elect to not approve the easement deed. This option would result in the existing
overhead utility lines to remain in place along the project frontage. This alt ernative is not
recommended and is not consistent with the City’s long-term efforts of undergrounding overhead
utility lines.
Attachments:
a - Draft Resolution
b - Easement Deed (Exhibit to Draft Resolution)
c - Vicinity Map
d - Site Map
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R ______
RESOLUTION NO. _______ (2021 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN EASEMENT DEED WITH PACIFIC GAS
AND ELECTRIC TO ALLOW FOR UTILITY RELOCATION WITHIN
THE CITY-OWNED PROPERTY AT 136 NORTH CHORRO STREET
WHEREAS, a private mixed-use development project at 790 Foothill Blvd (the “Project”)
is currently under construction, and includes the undergrounding of existing overhead utility wires;
WHEREAS, a portion of the undergrounding required as a condition of approval for the
Project is located within a City-owned property located at 136 North Chorro Street;
WHEREAS, the City-owned property located at 136 North Chorro Street does not contain
an easement allowing for this undergrounding work, and thus a utility easement agreement is
necessary to complete the undergrounding of existing overhead utility wires on this City-owned
property;
WHEREAS, Pacific Gas and Electric (PG&E) has provided a draft easement agreement
(Exhibit A) that permits the undergrounding of existing overhead utility wires at 136 North Chorro
Street,;
WHEREAS, City staff has reviewed the draft easement agreement and finds it to be acceptable in
form for the purpose of dedicating the required easement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this
reference.
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Resolution No. _____ (2021 Series) Page 2
R ________
SECTION 2. The City Council hereby approves and authorizes the Mayor to execute the
Easement Deed with Pacific Gas & Electric attached hereto as Exhibit “A”.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Lien s
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2230-12- EASEMENT DEED
CITY OF SAN LUIS OBISPO, a public body of the State of California,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, hereinafter called Grantee, the right from time to time to excavate for,
construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use
facilities and associated equipment for public utility purposes, including, but not limited to electric,
gas, and communication facilities, together with a right of way therefor, on, over, and under the
easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across
the lands of Grantor situated in the City of San Luis Obispo, County of San Luis Obispo, State of
California, described as follows:
(APN 052-332-021)
Lot 21 in Block B of Tract No. 66 as said lot and block are shown upon the map filed for record
February 29, 1952 in Book 5 of Maps at page 81, San Luis Obispo County Records.
The easement area is described as follows:
A strip of land of the uniform width of 5 feet lying contiguous to and northerly of the southerly
boundary line of said lands and extending from the northeasterly boundary line of the city street
known as North Chorro Street (60 feet wide) easterly 78.0 feet (measured along said southerly
boundary line).
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Utility Distribution Easement (02/2020)
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee
paying compensation, any and all trees and brush now or hereafter within said easement area, and shall
have the further right, from time to time, to trim and cut down trees and brush along each side of said
easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to
the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or
federal regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement
area as may be reasonably necessary in connection with the excavation, construction, reconstruction,
replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or
construct, any building or other structure, or store flammable substances, or drill or operate any well,
or construct any reservoir or other obstruction within said easement area, or diminish or substantially
add to the ground level within said easement area, or construct any fences that will interfere with the
maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section
216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace,
remove, maintain, inspect, and use the communications facilities within said easement area including
ingress thereto and egress therefrom.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit
“A”, attached hereto and made a part hereof.
The legal description herein, or the map attached hereto, defining the location of this utility
distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and
Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original,
but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective
parties hereto, and all covenants shall apply to and run with the land.
Dated : __________________, _______.
_________________________________
By:
I hereby certify that a resolution was adopted on the _______ day of ______________ , 20___ by the
_____________________________________ authorizing the foregoing grant of easement.
By__________________________________ Title________________________________
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Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public,
Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of th e individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
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Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “A”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and
Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this
disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement.
• The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of
PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation
for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any
such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the
area and may be used to install additional utility facilities. Installation of any proposed facilities outside
of this easement area will require an additional easement.
• Removal and/or pruning of trees or other vegetation on your property may be necessary for the
installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on
your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to
perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its
contractors will periodically perform vegetation maintenance activities on your property as provided for in
this grant of easement in order to maintain proper clearances from energized electric lines or other facilities.
• The description of the easement location where PG&E utility facilities are to be installed across your
property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation
of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent
may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of
the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is
determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you
are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this
Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement
is for your records.
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Los Padres
22
along boundaries or lines
all courses extend to or
Unless otherwise shown
MDM
12E30S
San Luis Obispo
City, Rancho, Subdivision, Etc.
SECTION TOWNSHIP RANGE
REFERENCES:
MERIDIAN
DATESCALE
APPLICANT:
DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY:
F.B.: DR.BY: CH.BY:
Existing Pole
Property Line
Legend
Easement Delineation
l3b0 trpc
Foothill Blvd.
North
Ch
orr
o St.
60'
4
21
20
Doc# 2014-041041
a CA limited liability Company
NKT University Square, LLC
APN: 052-332-028APN: 052-332-029
Utility Strip
5' x 5'
T30S, R12E, MDM
Ptn SE¼ of SE¼, Sec 22
Plat No. AY138-D04Section 22, SE¼ of SE¼
San Luis Obispo
31485044-Sdwg.dgn
CAP IX
31485044
1"= 50'11/24/2020
LD 2230-12-0312
Existing OH line
S-3012206
Utility Strip
5' x 78'
Vol 702 OR Pg 593
City of San Luis Obispo
APN: 052-332-021
POC
TPOB
S89°47'00"E 73.0'
See Detail
5.0'5.0'78.0'5.0'S89°47'00"E
TPOB
Detail: 1" = 10'
73.0'
5 Maps 81
Tract No. 66
Lot 5, Block B
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Utility Distribution Easement (02/2020)
Area, Region or Location: 4
Land Service Office: San Luis Obispo
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 22.30.12.22.22,
FERC License Number: N/A
PG&E Drawing Number: S-3012206
Plat No.: AY138-D04
LD of Affected Documents: N/A
LD of Cross Referenced Documents: 2230-12-0312
Type of interest: Utility Easement (86)
SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 31485044
JCN: N/A
County: San Luis Obispo
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: l3b0
Checked By: trpc
Approved By:
Revised by:
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Department Name: Public Works
Cost Center: 5201
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Gamaliel Anguiano, Transit Manager
SUBJECT: ADOPT A RESOLUTION AUTHORIZING STAFF’S SUBMISSION OF 2020-
21 LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) GRANT
APPLICATIONS, EV INFRASTRUCTURE
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her/his designee to file, execute, and fulfill
any related 2020-21 LCTOP grant applications and associated documents on behalf of the City
of San Luis Obispo. (Attachment A).
DISCUSSION
Background Information on California’s LCTOP
The LCTOP is one of several programs that are part of the Transit, Affordable Housing, and
Sustainable Communities Program established by the California Legislature in 2014 by Senate
Bill 862. The California Legislature created LCTOP to provide operating and capital assistance
for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on
serving disadvantaged communities. Approved projects in LCTOP support new or expanded bus
or rail services, expand intermodal transit facilities, and may include equipment acquisition,
fueling, maintenance, and other costs to operate those services or facilities, with each project
reducing greenhouse gas emissions. Since 2015-16, Senate Bill 862 has continuously
appropriated five percent of the annual auction proceeds in the Greenhouse Gas Reduction Fund
(GHG Fund) for LCTOP. That is, GHG producing companies that will not meet their carbon
reduction strategies can buy GHG credits via the LCTOP auction process, from which these
funds are derived and provided to GHG offsetting programs, such as transit programs.
The LCTOP is administered by California Department of Transportation (Caltrans) in
coordination with the California Air Resource Board (ARB) and the State Controller’s Office
(SCO). Caltrans is responsible for ensuring that the statutory requirements of the LCTOP are met
in terms of project eligibility, greenhouse reduction, disadvantaged community benefit, and other
requirements of the law. In compliance with Public Resource Code § 75230(f)(1)-(3) LCTOP
funds shall be expended to provide transit operating or capital assistance that meets any of the
following three criteria:
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1. New and Expanded. Expenditures that directly enhance or expand transit service by
supporting new or expanded bus or rail services, new or expanded water -borne transit, or
expanded intermodal facilities, and may include equipment acquisition, fueling, and
maintenance, and other costs to operate those services or facilities.
2. Increased Modality. Operational expenditures that increase transit mode share.
3. Zero-Emissions. Expenditures related to the purchase of zero-emission buses, including
electric buses, and the installation of the necessary equipment and infrastructure to
operate and support zero-emission buses.
Anticipated LCTOP to the City for 2020-21 Financial Year
The City of San Luis Obispo may seek a portion of LCTOP funds annually. Each transit operator
is entitled funds (non-discretionary funds) based on a statewide formula. In Fiscal Year (FY)
2019-20, the City’s allocation of LCTOP was $10,867. FY 2020-21 LCTOP funding is
estimated to be a similar amount but may change slightly based upon revised State numbers.
Exact funds for FY 2020-21 have not yet been
released by the State. In consultation with SLOCOG,
they have recommended using the same amounts that
were allocated in FY 2019-20 as a basis for preparing
the FY 2020-21 resolution for direct allocation as well
as discretionary funds available. The table to the right
is from SLOCOG’s December 2020 Call for Projects
staff report.
Regionally, there is also projected to be a
discretionary amount of approximately $512,000
available to all local transit agencies. Both
discretionary and non-discretionary LCTOP funds
require an annual grant application that has been approved by City Council. SLOCOG will
determine the grant awards amounts for discretionary LCTOP funds.
City LCTOP Grant Application for Transit EV Infrastructure
Staff was originally recommending that FY 2020-21 LCTOP grant application be for a combined
non-discretionary and discretionary amount of $325,000 to support the infrastructure costs
related to the purchase and installation of electric bus charging units. However, to align this
report with the SLOCOG staff recommendation to the SLOCOG board for adoption at their
February 3, 2021 meeting, City staff is reducing the amount to $273,731. Therefore, although
less than originally sought after and fewer charging units will be acquired this go around, this
will still suffice in meeting SLO Transit’s EV infrastructure needs for the next eight years.
The State of California’s Air Resource Board has manded that transit agencies convert to zero
emission vehicles by 2040. The City of San Luis Obispo’s Climate Action Plan also has the
ambitious goal for City services to be carbon neutral by 2030. To support Climate Action Goals,
the City Council approved the replacement of two aged diesel transit buses with two electric
transit vehicles on July 7, 2020. These new electric transit vehicles are expected to be delivered
in late 2021.
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These two new electric transit vehicles will require the appropriate electric vehicle (EV)
infrastructure and charging units. Work to accomplish this is underway and in coordination with
Air Pollution Control District and PG&E. If secured, these LCTOP funds will allow the City to
complete the build out of EV infrastructure to support the new transit electric vehicles.
Policy Context
Financial Management Manual Policy 740 requires that the City Council approve grant
applications equal to or greater than $5,000.
This action is consistent with the City’s adopted Climate Action Plan, 2017-22 Short Range
Transit Plan, the regions SLO Regional Zero Emission Bus Plan and the State’s Innovative Clean
Transit Rule.
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public comment
can be provided to the City Council through written correspondence prior to the meeting and
through public testimony at the meeting.
CONCURRENCE
This proposed project has been reviewed by the Finance Department, City Attorney and City
Administration and San Luis Obispo Council of Governments before submission to the City
Council.
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 - Grant Funding Budget Year: 2020-21
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources
Total
Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Transit Fund
State – LCTOP Discretionary $262,864
State – LCTOP Non-Discretionary $10,867
Other:
PG&E
Total $273,731
*This is the grant application amount. Some other amount could be awarded.
There is no impact on the City’s General Fund as a result of applying or receiving these grant
funds. Rather, securement of these funds will assist and supplement the Transit Enterprise fund
in achieving its capital project goals, which has no other identified funding source.
ALTERNATIVES
Deny authorization request for the grant application. This is not recommended as this will
leave the transit program without another funding source to pursue this vital project.
Attachments:
a - Draft Resolution
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
THEIR DESIGNEE, TO FILE, EXECUTE AND FULFILL ANY RELATED
LOW CARBON TRANSPORTATION OPERATIONS PROGRAM GRANT
APPLICATIONS, CERTIFICATIONS, ASSURANCES, FORMS,
AGREEMENTS, AND ASSOCIATED DOCUMENTS ON BEHALF OF THE
CITY OF SAN LUIS OBISPO
WHEREAS, the California Department of Transportation (Caltrans) in coordination with
the Air Resource Board (ARB) and the State Controller’s (SCO) office have been authorized to
administer the Low Carbon Transportation Operations Program (LCTOP) as defined in Senate Bill
862; and
WHEREAS, the City of San Luis Obispo (City) operates the San Luis Obispo (SLO)
Transit system; and
WHEREAS, the City and SLO Transit are eligible applicants for the State’s LCTOP)
annual grant, throughout the life of the program; and
WHEREAS, the City has determined to use the City apportionment and pursue
discretionary amounts from the LCTOP grant to fund SLO Transit capital projects; and
WHEREAS, the City is requesting 100% of its annually allocated amount and additional
annually awarded discretionary amounts from the LCTOP grant; and
WHEREAS, the filing and receipt of such LCTOP grant will impose certain reporting
obligations upon the City and will require the City to provide a local share of the project costs; and
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Resolution No. _____ (2021 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does hereby authorize the City Manager or his designee, to file, execute and fulfill any
related Low Carbon Transportation Operations Program grant applications, certifications,
assurances, forms, agreements, and associated documents on behalf of the City.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Public Works
Cost Center: 5201
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Gamaliel Anguiano, Transit Manager
SUBJECT: AUTHORIZE APPLICATION FOR THE 2020-21 SENATE BILL 1 (SB1)
STATE OF GOOD REPAIR TRANSIT GRANT FOR BUS SHELTERS
RECOMMENDATION
1. Adopt a Resolution (Attachment A) authorizing the City Manager to execute and file grant
applications with the State of California to receive State of Good Repai r Transit Grant funds
for transit projects and to execute any related grant applications, certifications, assurances,
forms, agreements, and associated documents on behalf of the City (Attachment B) and to
make any budgetary amendments to reflect the grant funding; and
2. Approve a budget amendment to reflect these grant funds, if awarded; and
3. Approve use of California Association of Coordinated Transit’s Cooperative Purchase
Agreement for to purchase selected vendor’s bus shelters at a reduced cost.
DISCUSSION
Background
The State of Good Repair (SGR) program is the result of the passage of SB1 and provides
approximately $105 million annually to transit operators in California for eligible transit
maintenance, rehabilitation, and capital projects. The SGR pr ogram benefits the public by
providing public transportation agencies with a consistent and dependable revenue source to
invest in the upgrade, repair, and improvement of agency transportation infrastructure. In
collaboration with the State Controller’s Office, Caltrans is tasked with the management and
administration of the SGR program.
SGR Capital Project Eligibility
The SGR program provides funding for capital assistance to rehabilitate and modernize
California’s local transit systems. Specifically, eligible projects include:
1. Fleet Maintenance. Transit capital projects or services to maintain or repair a transit
operator’s existing transit vehicle fleet or transit facilities, including the rehabilitation or
modernization of the existing vehicles or facilities.
2. Fleet New. The design, acquisition, and construction of new vehicles or facilities that
improve existing transit services.
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3. Infrastructure. Transit services that complement local efforts for repair and
improvement of local transportation infrastructure.
Projects that solely expand capacity or service are not eligible projects. However, onetime costs
associated with expansion of capacity (for example replacing a maintenance facility with a larger
facility or replacing a bus with a larger bus) are eligible.
Defined (Allocated) Portion of SGR Funds
Each regional agency and transit operator are entitled to a portion of SGR funds identified by a
statewide formula. These funds are allocated annually under the State Transit Assistance (STA)
program formula to eligible agencies pursuant to Public Utilities Code (PUC) section 99312.1.
The City receives a portion of these funds based on population and transit operator revenues. In
Fiscal Year (FY) 2020-21, SLO Transit received $8,438 of funding from this program and the
same level of funding is anticipated for FY 2021-22.
Discretionary Portion of SGR Funds
The second part of SGR assistance is a competitive,
discretionary grant process for capital purchases.
The regional discretionary and operator SGR
amounts for FY 2021-22 are unknown at this time as
the State Controller’s Office has yet to release its
allocation list. SGR funding was approximately
$439,034 for the SLOCOG region in FY 2020-21
(see table) and is expected to be similar for FY
2021-22. The SGR program requires an annual
grant application for both allocated and
discretionary amounts.
City SGR Discretionary Grant for the Purchase of Bus Shelters
Staff is recommending that this year’s FY 2021-22 SGR grant application be made for a total
amount of $90,000 in combined discretionary ($81,519) and allocated amounts ($8,481) for the
replacement and installation of seven (7) older bus shelters that have met the end of their useful
life.
The SLO Transit system has approximately forty-nine (49) bus shelters and over 235 bus stops
and many of the existing shelters using a concrete pad are older models with glass panels that are
past their useful life and are subject to graffiti and vandalism. Glass replacement for the older
models is an ongoing expense due to vandalism. This SGR funding will deliver approximately
seven (7) new shelters to replace or be installed at new locations that are considered high
boarding locations. Locations for these new shelters have been identified as bus stop located at:
1. Madonna Rd at Madonna Plaza;
2. South Street at Parker Street;
3. South Higuera at Prado Road;
4. Foothill Boulevard at Narrow Court (both sides of the street); and
5. Los Osos Valley Road at Valle Vista Place (both sides of the street).
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Shelters are recognized as valuable investment and are shown to improve rider experience and
thus increase ridership. Project costs include replacement or expanded concrete pads if a larger
replacement shelter is installed or the existing pad is damaged or worn.
Piggyback Purchase from CALAct Consortium
The City of San Luis Obispo is a member of the California Association for Coordinated
Transportation (CalACT). As a member, the City can “piggyback” or use CalACT’s Cooperative
Purchase Agreement to obtain bus shelters at a reduced cost.
Policy Context
Financial Management Manual Policy 740 requires that the City Council approve grant
applications equal to or greater than $5,000. The application will request up to the maximum in
combined City-allocated and available discretionary competitive award amounts towards capital
purchases that meet grant criteria with the exact amount to be known upon State Controller
Office allocations.
The City’s Municipal Code Section 3.24.060(E) allows for direct purchasing when the purchase
will be made cooperatively with one, or more, other units of government.
Public Engagement
Development of this SGR project is based on the data and customer survey information gathered
during the City's adopted 2017-22 Short Range Transit Plan (SRTP) and City’s Climate Action
Plan. A considerable public outreach campaign was done prior to the development and adoption
of the SRTP. Additionally, the City’s sustainability and climate action plan goals looks towards
improving transit ridership which can be achieved by supporting transit infrastructure needs.
CONCURRENCE
This proposed SGR project has been reviewed by the Finance, City Attorney and City
Administration and San Luis Obispo Council of Governments before submission to City
Council.
ENVIRONMENTAL REVIEW
No environmental review is required for grant submittals, per section 15061(b)(3) General Rule
of the CEQA Guidelines. It can be seen with certainty that the proposed action of the City to
apply for grant funding will have no significant effect on the environment.
FISCAL IMPACT
Budgeted: Yes Budget Year: FY 2019-20
Funding Identified: Yes
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Fiscal Analysis
Funding Sources
Total
Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
Transit Fund
State – SB1 Discretionary $81,519*
State – SB1 Direct $8,481
Other:
Total $90,000
There is no impact on the City’s General Fund as a result of applying or receiving these grant
funds. Rather, securement of these funds will assist the Transit Enterprise Fu nd to achieve
Capital Project priorities.
ALTERNATIVES
Deny the request. This is not recommended as this request is strategic to a larger funding
initiative for electrifying the City’s transit operations.
Attachments:
a - Draft Resolution
b - SB1 Recipient Certifications and Assurances
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
THEIR DESIGNEE TO APPLY, EXECUTE AND FULFILL ANY
RELATED CALIFORNIA STATE OF GOOD REPAIR TRANSIT GRANT
PROGRAM APPLICATIONS, CERTIFICATIONS, ASSURANCES,
FORMS, AGREEMENTS, AND ASSOCIATED DOCUMENTS ON
BEHALF OF THE CITY
WHEREAS, California Senate Bill 1 (2017) establishes the State of Good Repair Transit
Grant (SGR) program; and
WHEREAS, the SGR program provides approximately $105 million annually to transit
operators in California for eligible transit maintenance, rehabilitation and capital projects; and
WHEREAS, the statutes related to state-funded transit projects require a local or regional
implementing agency to abide by various regulations; and
WHEREAS, Senate Bill 1 (2017) named the Department of Transportation (Department)
as the administrative agency for the SGR; and
WHEREAS, the Department has developed guidelines for the purpose of administering
and distributing SGR program funds to eligible project sponsors; and
WHEREAS, the City of San Luis Obispo (“City”) is an eligible project sponsor and wishes
to receive funding from the SGR program for transit projects; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby authorizes the City Manager, or their designee, to
file, execute and fulfill any related State of Good Repair Transit Grant program applications,
certifications, assurances, forms, agreements, and associated documents on behalf of the City.
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Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 2. Environmental Determination. No environmental review is required for
grant submittals, per section 15061(b)(3) General Rule of the CEQA Guidelines. It can be seen
with certainty that the proposed action of the City to apply for grant funding will have no
significant effect on the environment.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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City of San Luis Obispo
Page 1
State Transit Assistance State of Good Repair Program
Recipient Certifications and Assurances
Recipient: City of San Luis Obispo
Effective Date: May 21st, 2021
In order to receive State of Good Repair Program (SGR) funds from the California
Department of Transportation (Department), recipients must agree to following terms and
conditions:
A. General
(1) The recipient agrees to abide by the State of Good Repair Guidelines as may be
updated from time to time.
(2) The potential recipient must submit to the Department a State of Good Repair
Program Project List annually, listing all projects proposed to be funded by the SGR
program. The project list should include the estimated SGR share assigned to each
project along with the total estimated cost of each project..
(3) The recipient must submit a signed Authorized Agent form designating the
representative who can submit documents on behalf of the recipient and a copy of the
board resolution authorizing the agent.
B. Project Administration
(1) The recipient certifies that required environmental documentation will be completed
prior to expending SGR funds. The recipient assures that each project approved for
SGR funding comply with Public Resources Code § 21100 and § 21150.
(2) The recipient certifies that SGR funds will be used for transit purposes and SGR
funded projects will be completed and remain in operation for the estimated useful
lives of the assets or improvements.
(3) The recipient certifies that it has the legal, financial, and technical capacity to deliver
the projects, including the safety and security aspects of each project.
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City of San Luis Obispo
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(4) The recipient certifies that there is no pending litigation, dispute, or negative audit
findings related to any SGR project at the time an SGR project is submitted in the
annual list.
(5) Recipient agrees to notify the Department immediately if litigation is filed or disputes
arise after submission of the annual project list and to notify the Department of any
negative audit findings related to any project using SGR funds.
(6) The recipient must maintain satisfactory continuing control over the use of project
equipment and/or facilities and will adequately maintain project equipment and/or
facilities for the estimated useful life of each project.
(7) Any and all interest the recipient earns on SGR funds must be reported to the
Department and may only be used on approved SGR projects or returned to the
Department.
(8) The recipient must notify the Department of any proposed changes to an approved
project list by submitting an amended project list.
(9) Funds will be expended in a timely manner.
C. Reporting
(1) Per Public Utilities Code § 99312.1 (e) and (f), the recipient must submit the
following SGR reports:
a.Annual Expenditure Reports within six months of the close of the fiscal year
(by December 31st) of each year.
b.The annual audit required under the Transportation Development Act (TDA),
to verify receipt and appropriate expenditure of SGR funds. A copy of the
audit report must be submitted to the Department within six months of the
close of each fiscal year in which SGR funds have been received or
expended.
D. Cost Principles
(1) The recipient agrees to comply with Title 2 of the Code of Federal Regulations Part
200, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments.
(2) The recipient agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to
determine the allowability of individual project cost items and (b) those parties shall
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City of San Luis Obispo
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comply with Federal administrative procedures in accordance with 2 CFR, Part 200,
Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
(3) Any project cost for which the recipient has received payment that are determined by
subsequent audit to be unallowable under 2 CFR, Part 200, are subject to repayment
by the recipient to the State of California (State). Should the recipient fail to
reimburse moneys due to the State within thirty (30) days of demand, or within such
other period as may be agreed in writing between the Parties hereto, the State is
authorized to intercept and withhold future payments due the recipient from the State
or any third-party source, including but not limited to, the State Treasurer and the
State Controller.
E. Record Retention
(1) The recipient agrees, and will assure that its contractors and subcontractors shall
establish and maintain an accounting system and records that properly accumulate
and segregate incurred project costs and matching funds by line item for the project.
The accounting system of the recipient, its contractors and all subcontractors shall
conform to Generally Accepted Accounting Principles (GAAP), enable the
determination of incurred costs at interim points of completion, and provide support
for reimbursement payment vouchers or invoices. All accounting records and other
supporting papers of the recipient, its contractors and subcontractors connected with
SGR funding shall be maintained for a minimum of three (3) years from the date of
final payment and shall be held open to inspection, copying, and audit by
representatives of the State and the California State Auditor. Copies thereof will be
furnished by the recipient, its contractors, and subcontractors upon receipt of any
request made by the State or its agents. In conducting an audit of the costs claimed,
the State will rely to the maximum extent possible on any prior audit of the recipient
pursuant to the provisions of federal and State law. In the absence of such an audit,
any acceptable audit work performed by the recipient’s external and internal auditors
may be relied upon and used by the State when planning and conducting additional
audits.
(2) For the purpose of determining compliance with Title 21, California Code of
Regulations, Section 2500 et seq., when applicable, and other matters connected with
the performance of the recipient’s contracts with third parties pursuant to
Government Code § 8546.7, the recipient, its contractors and subcontractors and the
Department shall each maintain and make available for inspection all books,
documents, papers, accounting records, and other evidence pertaining to the
performance of such contracts, including, but not limited to, the costs of
administering those various contracts. All of the above referenced parties shall make
such materials available at their respective offices at all reasonable times during the
entire project period and for three (3) years from the date of final payment. The
State, the California State Auditor, or any duly authorized representative of the State,
shall each have access to any books, records, and documents that are pertinent to a
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City of San Luis Obispo
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project for audits, examinations, excerpts, and transactions, and the recipient shall
furnish copies thereof if requested.
(3)The recipient, its contractors and subcontractors will permit access to all records of
employment, employment advertisements, employment application forms, and other
pertinent data and records by the State Fair Employment Practices and Housing
Commission, or any other agency of the State of California designated by the State,
for the purpose of any investigation to ascertain compliance with this document.
F.Special Situations
(1)Recipient acknowledges that if a project list is not submitted timely, the recipient
forfeits its apportionment for that fiscal year.
(2)Recipients with delinquent expenditure reports may risk future eligibility for future
SGR funding.
(3)Recipient acknowledges that the Department shall have the right to perform an audit
and/or request detailed project information of the recipient’s SGR funded projects at
the Department’s discretion from SGR award through 3 years after the completion
and final billing of any SGR funded project.. Recipient agrees to provide any
requested project information.
I certify all of these conditions will be met.
Agency: City of San Luis Obsipo
BY:
Derek Johnson, City Manager
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ATTACHMENT I
(INSERT Agency Board Resolution approving this document)
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This page is intended to be blank so that you can print double-sided.
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Department Name: Parks and Recreation
Cost Center: 7001
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks and Recreation Director
Prepared By: Aleah Bergam, Administrative Analyst
SUBJECT: AUTHORIZATION TO INITIATE PROJECT PLANNING AND DESIGN FOR
PICKLEBALL COURTS AT MITCHELL PARK AND APPROPRIATE
PROJECT BUDGET
RECOMMENDATIONS
1. Authorize staff to begin design and public input for the grant and impact fee funded Mitchell
Park Pickleball Courts Project; and
2. Approve a Resolution (Attachment A) appropriating budget in the City’s Capital
Improvement Plan for the Mitchell Park Pickleball Court Project.
DISCUSSION
Background
The California Department of Parks and Recreation (DPR) is providing nearly $200 millio n to
more than 700 agencies under the Proposition 68 Per Capita Grant Program. This non -
competitive grant program provides funding to local government agencies to support the
rehabilitation, creation, and improvement of local parks and to address deficiencies in
neighborhoods lacking access to outdoor recreation facilities. In 2018, the State of California
invested in the largest grant funding for critically underserved communities with the passage of
Proposition 68: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor
Access for All Act. Recognizing the need for underserved communities to have equitable access
to outdoor recreation facilities, the bond also provides funds for new parks that will help attract
new and diverse visitors.
After receiving approval from Council on October 20, 2020 to submit a project proposal for
Mitchell Park Pickleball Courts, staff submitted the project proposal grant application and
received notice in December 2020 that the project was approved, and the City has been awarded
a contract with State Parks for $177,952 in per capita grant funding to be spent on Mitchell Park
Pickleball Courts. The full project budget is more than the grant award, and so additional funding
in the amount of $32,048 is requested from the Quimby Parkland-in-lieu fund for a combined
project budget of $210,000.
Per the City’s fiscal policies, the use of additional Quimby Parkland-in-lieu funds need to be
approved by Council and appropriated into the capital budget.
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Use of Quimby Funds
The Quimby Act, within the Subdivision Map Act, authorizes the legislative body of a city or
county to require the dedication of land or to impose fees for park or recreational purposes as a
condition of the approval of a tentative or parcel subdivision map, if specified requirements are
met (Cal. Gov. Code § 66477.)
There are subdivisions within the Mitchell Park Neighborhood that have recently (within the last
5 to 10 years) paid Parkland-in-lieu fees. These fees should be used for developing new or
rehabilitating existing neighborhood, community parks, or recreation facilities that serve the
specific subdivision (unless certain requirements are met), and therefore should be used on
Mitchell Park improvements (Cal. Gov. Code § 66477.)
Project Selection
Feedback from the public outreach surrounding the update to the Parks and Recreation Master
Plan and Element highlight the public’s desire for more Pickleball Courts. Mitchell Park is a
centrally located park and is well-liked as a gathering place near downtown. The public has
expressed concerns to City staff and members of the Parks and Recreation Commission
regarding the low activation and how the park is used. Staff believes installing Pickleball Courts
will activate the park and provide more recreational opportunities for multi-generation of the
community to help address public concern. See proposed site location below:
Mitchell Park Pickleball Court Proposed Site Location:
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Previous Council or Advisory Body Action
On October 20, 2020 Council authorized staff to submit a project proposal for Mitchell Park
Pickleball Courts to State Parks and authorized the Assistant City Manager to execute the
necessary grant documents and appropriate the grant amount into the Parks and Recreation
Department’s budget upon grant award (Resolution No. 11179).
Policy Context
The City’s Charter under Section 804 allows City Council to amend or supplement the budget by
motion adopted by majority vote of the council. Partial funding for this project comes from fees
imposed by the Quimby Act within the subdivision Map Act (Cal. Gov. Code § 66477), which
requires the fees be used for developing new or rehabilitating existing neighborhood, community
parks, or recreation facilities that serve the specific subdivision payi ng the fees. The draft Parks
and Recreation Master Plan and Element update includes an inventory list of recreation
amenities with a comparison of level of service standards to determine priority recreation
amenities to determine unmet need. The current inventory provided by the Consultants showed a
lack of pickleball courts and multi-generational recreational amenities. In the draft plan, one of
the guiding goals and themes is Building Community, in which the City will provide places to
engage in a multitude of recreational activities, including supporting new trends in recreation.
The physical infrastructure and amenities of parks and facilities will support and promote public
health. Parks, facilities, and programs will provide opportunities for people to engage in
activities together, as well as to be active independently. Pickleball is a new trend in recreation
and is also a multigenerational activity.
Public Engagement
Throughout the Public Outreach process of updating the Parks and Recreation Master Plan and
Element update, pickleball courts surfaced as a reoccurring unmet need from the public during
both the Community Needs Survey and during public meetings. At the comprehensive “Bright
Ideas” public workshop there was a “Dreams of Parks and Faciliti es” station, where Pickleball
Courts rose to the number one facility type with the most responses. Additionally, at the
workshop, the public participated in an assessment of City parks and facilities and Mitchell Park
received an average grade of a “C”. In addition, staff will conduct public engagement with
neighbors and residents surrounding the design of the project once approved.
CONCURRENCE
The Public Works Department concurs with 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: No Budget Year: 2020-2021
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $2,000 $2,000
State $177,952 $177,952
Federal
Fees
Other: Quimby Parkland-
in-lieu Fund
$32,048 $32,048
Total $210,000 $212,000
The City has received a signed contract with State Parks for $177,952 in Prop 68 Per Capita
funding for the Mitchell Park Pickleball Court project. Staff estimates a project budget of
$210,000 and is requesting additional funding from the Parkland-in-lieu Quimby fund to make
up the funding delta. Additionally, staff is requesting authority to allocate the State Park Grants
funding into the project budget account. Maintenance for Pickleball Courts is minimal, and staff
only anticipates $2,000 in on-going annual operations and maintenance costs once the courts are
constructed. This can be accommodated for within the current fiscal year budget and will be
budgeted for accordingly in future financial plans.
ALTERNATIVES
1. The City Council could request additional information or analysis from staff.
2. The City Council could deny the request to appropriate funding for Mitchell Park Pickleball
Courts.
Attachments:
a - Draft Resolution
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING INITIATION OF PROJECT
PLANNING AND DESIGN FOR PICKLEBALL COURTS AT MITCHELL
PARK AND APPROPRIATING PROJECT BUDGET
WHEREAS, on June 2, 2020 the City Council adopted the 2020-21 Financial Plan
Supplement and Budget Appropriations; and
WHEREAS, Mitchell Park Pickleball Courts are not listed in the adopted FY 20-21
Capital Improvement Plan; and
WHEREAS, on October 20, 2020, the City Council authorized staff to submit a grant
application for Prop. 68 Per Capita Funds and authorize the Assistant City Manager to execute the
necessary grant documents; and
WHEREAS, staff received project approval from state parks and has signed and executed
a contract with State Parks in $177,952 in state funding for construction of Mitchell Park Pickleball
Courts; and
WHEREAS, staff is requesting Council authorize the appropriation of the grant funding
into the Parks and Recreation Capital Budget; and
WHEREAS, staff estimates a project budget of $210,000 to design and construct the
project; and
WHEREAS, subdivisions within the Mitchell Park Neighborhood have paid fees enacted
by the Quimby Act, within the Subdivision Map Act (Cal. Gov. Code § 66477) for the purpose of
developing new or rehabilitating existing neighborhood, community parks, or recreation facilities
that serve the specific subdivision; and
WHEREAS, staff has identified addition funding to be appropriated in the amount of
$32,048 from the Parkland-in-lieu (Quimby) Fund; and
WHEREAS, the action is exempt from the California Environmental Quality Act (CEQA)
because it does not constitute a “project” as defined by CEQA. The action does not include
approval of the design or physical construction of the Mitchell Park Pickleball Courts.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 1. The City Council authorizes staff to begin design and public input for the
Mitchell Park Pickleball Court Project; and authorizes allocating $177,952 in State Parks Grant
funding and $32,048 in Parkland-in-lieu (Quimby) funds for the Mitchell Park Pickleball Court
capital improvement project.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Human Resources
Cost Center: 3001
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Monica Irons, Director of Human Resources
Prepared By: Candace Havens, Senior Administrative Analyst
SUBJECT: APPROVAL OF INSURANCE COVERAGE BONDING CITY OFFICIALS
RECOMMENDATION
Adopt a Resolution (Attachment A) authorizing Master Bond or Purchase of Insurance in lieu of
purchasing individual official bonds.
DISCUSSION
In July 1984, the City Council adopted Resolution 5408 (Attachment B) which authorized the
City Council to designate city officials with financial responsibilities to each give a faithful
performance bond. It also enabled the City Council to establish the bond value.
Today, the Government Code allows the City Council to authorize a master bond or government
crime insurance policy to cover and satisfy these bonding requirements.
The City maintains crime insurance that covers all employees for theft, fraud, or crime and for
faithful performance of duties with a minimum limit of one million dollars ($1,000,000).
Overall, coverage under the City’s Crime Insurance policy is more expedient and comprehensive
in protecting the City against fraudulent activities than by requiring bonds of a few individua ls.
In addition, periodic insurance renewals promote review of coverage to verify compliance with
current legal requirements.
Adopting a Resolution authorizing master bond or crime insurance policy in lieu of purchasing
individual bonds provides greater breadth of coverage for the City and is compliant with all
regulations and laws.
Policy Context
Certain individuals are required to be bonded by statue, City Charter, ordinance, or resolution as
detailed in the proposed Resolution (Attachment A), These include:
▪ Section 712 of the City Charter. This indicates that the Council shall by ordinance or
resolution determine which officials shall give either an individual or master bond and
establishes amounts for such bonds, subject to review by the City Attorney, approval by
the City Council, and filing by the City Clerk or City Manager (for City Clerk’s filing).
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▪ Government Code Section 1481(b). When a legislative body of a local public agency
finds it expedient, it may use a master bond to cover more than one individual that is
required to be bonded.
▪ Government Code Section 1463. This section specifies that a government crime
insurance policy may be provided as an alternative to the official bond requirement
subject to approval of the legislative body.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact related to this request. The existing insurance coverage provides the
necessary protections.
ALTERNATIVES
The Council could maintain the current practice of requiring bonds for designated
individuals. If this option is selected, it is recommended that the Council reconsider the dollar
value of bonds to reflect current monetary values.
Attachments:
a - Draft Resolution
b - Resolution No. 5408 (1984 Series)
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING MASTER BOND OR
PURCHASE OF INSURANCE IN LIEU OF PURCHASING INDIVIDUAL
OFFICIAL BONDS
WHEREAS, Section 712. Official Bonds of the Charter of the City of San Luis Obispo
provides:
The Council shall, by ordinance or resolution, determine what officials and other persons
in the service of the City shall give bond either of an individual type or be included in a
master bond, for the faithful performance of their duties and/or honesty, and shall fix the
amounts of such bond or bonds, and each of such officers and other persons shall before
entering upon the duties of office or employment, execute a resolution, including in the
same bond the duties of all offices of which the official or person is made, by this Charter
or otherwise, ex officio incumbent. Such bonds must be examined by the City Attorney
and approved by the City Council. All bonds when approved shall be filed with the City
Clerk, except the City Clerk's bond, if any, which shall be filed with the City Manager. All
the provisions of any law of this State relating to the official bonds of officials as then
existing shall apply to such bonds, except as herein otherwise provided. In all cases where
surety company bonds are approved by the Council, the premium therefore shall be paid
by the City; and
WHEREAS, Government Code section 1481(b) provides:
Notwithstanding any other provision of law, when deemed expedient by the legislative
body of a local public agency, a master official bond or other form of master bond may be
used which shall provide coverage on more than one officer, employee, or agent of the
local public agency, whether elected or appointed, who is required by statute, regulation,
the appointing power, the governing board of a local public agency, or the board of
supervisors of a chartered or general law county to give bond; and,
WHEREAS, Government Code section 1463 provides:
For the purposes of this chapter, a government crime insurance policy or employee
dishonesty insurance policy, including faithful performance, may be provided as an
alternative to the official bond by any county or city, subject to approval by the presiding
judge of the superior court and recording and filing as provided in Sections 1457 to 1460.1,
inclusive. An insurance policy procured pursuant to this section may be used as a master
bond as though it were an official bond, subject to approval of the appointing power or the
legislative body as provided in Section 1481; and
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Resolution No. _____ (2021 Series) Page 2
R ______
WHEREAS, the City of San Luis Obispo has purchased through California Joint Powers
Insurance Authority (CJPIA) an Insurance Policy that covers all City employees for theft, fraud or
crime and for faithful performance of duties with a minimum limit of one million dollars
($1,000,000); and
WHEREAS, this policy covers all City employees, including those required to be bonded
by Council and all other employees required by law to be individually bonded, and provides
broader and higher coverage with limited increase in costs.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1: The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2: The use of a master bond in lieu of individual bonds of City officers and
employees is expedient and therefore a master bond may be substituted for individual bonds.
SECTION 3: The City’s Risk Manager is authorized to acquire insurance for City officers
and/or employees in lieu of a master bond in an amount not less than one million dollars
($1,000,000).
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Resolution No. _____ (2021 Series) Page 3
R ______
SECTION 4: Any prior resolutions establishing bonding requirements for City officers or
employees are hereby superseded and repealed.
Upon motion of Council Member ____________, seconded by Council Member
___________, and on the following role call vote:
AYES:
NOES:
The foregoing resolution was adopted this _____ day of ____________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
_______________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Public Works
Cost Center: 5010
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
SUBJECT: AUTHORIZE A GRANT APPLICATION FOR THE CALIFORNIA NATURAL
RESOURCES AGENCY URBAN GREENING PROGRAM
RECOMMENDATION
Adopt a resolution authorizing an application for grant funds to the California Natural Resources
Agency (CNRA) Urban Greening Program for the Anholm Greenway project (Attachment A).
DISCUSSION
Background
As part of its efforts towards fiscal responsibility, the City has been applying for grant funding
that could support key initiatives that are part of the current Capital Improvement Program (CIP)
and consistent with Major City Goals. Many state grant applications require a signed resolution
from the City Council as part of the application process. The City has applied for grant support
from the California Natural Resources Agency’s Urban Greening Program to support a mul ti-
benefit project associated with the Anholm Neighborhood Greenway. The application review is a
competitive, three-phase process and the City has made it to the final phases of review. A signed
resolution from the City Council is now needed to continue to be considered for funding.
Project Description
The Anholm Neighborhood Greenway transforms 1.7 miles of the City of San Luis Obispo's
transportation network into a greener, safer, and more enjoyable way to walk and bicycle to
school, work, and home. Initiated by local parents who commute by bicycle to Pacheco and
Bishop’s Peak Elementary Schools, and supported by community members advocating for safer
streets, the Greenway incorporates separated and protected bikeways, ADA compliant curb
ramps, enhanced pedestrian crossings, drought-tolerant landscapes, street trees, and stormwater
management (“green street”) design elements. The route starts downtown and travels north,
guiding users through the Anholm Neighborhood to parks, open space, and Pacheco Elementary,
a Title I dual immersion school. Additional destinations include the public library, grocery
stores, Bishop's Peak Elementary, and the Cal Poly University Campus. The route will connect to
an additional two miles of existing high-quality bikeways. A suite of stormwater improvements
will ensure that stormwater runoff from sidewalks and roadways along the Greenway route
receive treatment before entering two nearby creeks that provide steelhead habitat.
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The very first phase of the Anholm Greenway, which included installation of a new
bicycle/pedestrian crossing at the intersection of Foothill Boulevard & Ferrini Road, was
completed in late 2019. If the amount currently requested through the Urban Greening Grant is
awarded, the City would have sufficient funds to proceed with construction of the Anholm
Neighborhood Greenway Project as part of the FY 2021-23 work program.
Policy Context
As part of its new City Meta Goal for Economic Stability, Recovery, and Resiliency, the City has
been searching for grant funding to support priority CIP infrastructure projects. In addition, this
project is specifically included in the Active Transportation Plan (final scheduled for adoption in
February 2021), Safe Routes to School Plan for Bishop’s Peak & Pacheco Elemen tary Schools
(2017), and the Anholm Bikeway Plan (2018). It also supports the goals in the Land Use &
Circulation Elements of the General Plan (2014), Downtown Concept Plan (2017) and the
Climate Action Plan for Community Recovery (2020).
The City's Financial Management Manual, Section 740, requires City Council authorization to
submit grant applications in excess of $5,000.
Public Engagement
Council and staff received public and written testimony in support of this project during an
extensive outreach process that included public meetings, a City Council Study Session, an
online and mailer survey, along with input through regular Active Transportation Committee
meetings.
COVID-19
Due to the current economic impacts of COVID-19, the City reevaluated all Capital
Improvement Plan projects as part of the FY2020-21 Budget Supplement 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. The
remaining phases of the Anholm Neighborhood Greenway were categorized as “Hold-Shovel
Ready” as the Budget Supplement, which identifies projects where Public Works staff was to
continue with design and planning, but the project would not be funded for construction in the
current budget cycle. With grant support from the State and San Luis Obispo Council of
Governments (SLOCOG)—a $200,000 SLOCOG Safe Routes to School Grant was recently
awarded towards the Greenway project—the project can be completed with limited expense to
the City. The Greenway allow riders of all ages and abilities within the community to get out of
their vehicles for essential trips, reducing transportation costs for residents and allows single-car
households more transportation options. Given that parking is limited in the downtown core,
more trips via bike or foot by nearby residents will help conserve parking for other regional
visitors.
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CONCURRENCE
The City’s Sustainability Manager, Chris Read, concurs with the recommended action due to the
projects ability to address Greenhouse Gas Emissions in furtherance of the Climate Action Plan
for Community Recovery. In addition, the Active Transportation Committee has listed
completing the Anholm Neighborhood Greenway as the highest priority request for the FY2021-
23 Financial Plan and has identified this project in the “Tier 1” project list in the Active
Transportation Plan, which represents the highest-priority pedestrian and bikeway projects.
ENVIRONMENTAL REVIEW
Prior analysis was conducted under the California Environmental Quality Act (CEQA) for each
component of the Anholm Neighborhood Greenway project. The Class 1 Path that will extend
through LDS Church Property at the north end of the corridor was analyzed with an addendum to
the existing Bicycle Transportation Plan’s Initial Study/Negative Declaration. The remainder of
the project was determined to be categorically exempt under CEQA under Section 15301
(Existing Facilities) and Section 15304 (Minor Alteration to the Land).
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 (Capital Outlay,
LRM, SB1)
$518,519
State (Urban Greening Grant)* $1,705,225
Federal
Fees
Other: Public Art Fund** $200,000
Other: Grant (SLOCOG)*** $200,000
Total $2,423,744
*Current grant request under evaluation by the California National Resources Agency. A different
amount could ultimately be awarded.
**City Public Art Funds have been identified for the Anholm Greenway Project but have not yet been
appropriated to the project account.
***A SLOCOG $200,000 Safe Routes to School Grant was recently awarded to the City in late 2020 to
help fund the Anholm Neighborhood Greenway Project. These funds have not yet been appropriated to
the project account.
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There is no direct obligation added to the City’s General Fund as a result of applying for or
receiving these grant funds. Rather, securing these funds will reduce the City’s local funding
obligation towards constructing this project, as there are currently insufficient local funds to
proceed with implementation. The Project was described in the 2019-21 Financial Plan, Capital
Improvement Program, but a significant portion was defunded at the 2020-21 Budget
Supplement due to COVID-19 financial impacts on City revenues. The estimated total project
cost is $2,423,744, which includes the local funds still committed to the project, the SLOCOG
grant funds recently awarded, and the requested funds through the Urban Greening Grant.
Adopting the attached resolution does not serve as formal authorization to appropriate new funds
to the project or proceed with construction—if the Urban Greening Grant is awarded, staff will
return to the City Council to request authorization to appropriate the funds, approve the final
plans and specifications, and proceed with construction.
ALTERNATIVES
1. Request Additional Information. The City Council may request additional information or
clarification prior to approving the resolution.
2. Deny Approval of Resolution. The City Council may choose to deny the approval of this
resolution. Staff does not recommend this alternative as the City will not be eligible for State
funding without this resolution. Should this be denied, the City will need to rely on existing
resources to complete the greenway’s bike and pedestrian infrastructure or implement the
project in phases as resources are available.
Attachments:
a - Draft Resolution
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R _____
RESOLUTION NO. ________ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS FOR THE CALIFORNIA CLIMATE INVESTMENTS
URBAN GREENING PROGRAM
WHEREAS, the Legislature and Governor of the State of California have provided funds
for the California Climate Investments Urban Greening Program; and
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for the administration of this grant program, establishing necessary procedures;
and
WHEREAS, said procedures established by the California Natural Resources Agency
require a resolution certifying the approval of application(s) by an Applicant’s governing board
before submission of said application(s) to the State; and
WHEREAS, the City of San Luis Obispo (“City”) as applicant, if selected, will enter
into an agreement with the State of California to carry out the Anholm Neighborhood Greenway
Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
1. Approves the filing of an application for grant funds to the California Natural
Resources Agency Urban Greening Program for the City’s Anholm Greenway
project; and
2. Certifies that the City understands the assurances and certification in the application;
and
3. Certifies that the City will have sufficient funds to operate and maintain the project
consistent with the land tenure requirements; or will secure the resources to do so;
and
4. Certifies that it will comply with the provisions of Section 1771.5 of the California
Labor Code in carrying out and constructing the Anholm Greenway Project; and
5. As applicable, certifies that the project will comply with any laws and regulations
including, but not limited to, legal requirements for building codes, health and safety
codes, disabled access laws, environmental laws and, that prior to commencement of
construction, all applicable permits will have been obtained; and
6. Certifies that the City will work towards the Governor’s State Planning Priorities
intended to promote equity, strengthen the economy, protect the environment, and
promote public health and safety as included in Government Code Section 65041.1;
and
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Resolution No. _____ (2021 Series) Page 2
R ______
7. Appoints the Assistant City Manager, or his/her designee, as agent to conduct all
negotiations, execute and submit all documents including, but not limited to
applications, agreements, payment requests and so on, which may be necessary for
the completion of the aforementioned project(s).
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ___________________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Public Works
Cost Center: 8502
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: AUTHORIZATION TO RELEASE FUNDS FOR THE FIRE STATION 1 AIR
COMPRESSOR PROJECT, SPECIFICATION NO. 1000045
RECOMMENDATION
1. Authorize implementation of the Fire Station 1 Air Compressor Project, Specification No.
10000045; and
2. Approve the Plans (Attachment A) and Specifications (Attachment B) for the Fire Station 1
Air Compressor Project, Specification No. 10000045; and
3. Authorize staff to advertise for bids for electrical work;
4. Approve a Sole Source Purchase with Bauer Compressors in the amount of $74,708.62 for
purchase and installation of one air compressor (Attachment C); and
5. Adopt a resolution Authorizing a transfer of $10,000 in undesignated Capital Outlay funds to
support the project.
DISCUSSION
Background
As part of the FY 2020-21 Budget Supplement adopted by Council in June 2020, staff reviewed
and re-prioritized all Capital Improvement Projects in response to decreasing revenue projections
resulting from economic impacts of the Covid-19 pandemic. Each CIP project was assigned one
of the following categories:
1. Proceed: Construct in in FY20/21
2. Proceed: Continue Planning/Design Only
3. Hold: Shovel Ready for Future Funding/Stimulus
4. Defer: No Further Action this Fiscal Year – Defund
5. Completed: Not Further Action this Fiscal Year - Defund
Projects within the first three categories were not defunded and projects in the last two categories
provided funding flexibility for the City to address the impacts of Covid-19 pandemic. Projects
in “Shovel Ready” or “Hold” status represent projects that might be built with future stimulus
funds, or as economic conditions improved, or as some emergent need for the project was
identified and authorized by Council.
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Following the above re-evaluation of Capital Project priorities in June 2020, the Fire Station 1
Air Compressor Replacement Project was moved to “Hold” status. The existing air compressor
was functioning sufficiently at that time and with the Emergency Operations Center based in Fire
Station 1 it made sense to limit any non-essential presence. Funding remained in the project
account, but work was halted. Recent changes to the air compressor at Fire Station 1 necessitates
the replacement or major repair of the equipment to preserve functionality.
Project
The Fire Station 1 Air Compressor Replacement project involves the replacement of a specialty
air compressor used to fill oxygen tanks for first responders. The air compressor is 25 years old
and the anticipated lifespan of this unit is 20 years. The air compressor is no longer efficient to
use and requires frequent maintenance. Over the past six months, the condition of the air
compressor has deteriorated requiring either significant maintenance in the next 90 days or total
replacement. This equipment is essential for emergency response needs and since a replacement
project is “Shovel Ready,” replacing this equipment represents the highest value to the City in
lieu of repairing this compressor and replacing shortly thereafter.
This air compressor is the only air compressor the City owns for emergency response needs. If
the air compressor failed, the City would rely on allied agency support until replaced or repaired.
The existing air compressor recommended for replacement is a Bauer Compressor and the
replacement unit is recommended to be a Bauer Compressor as well. The Bauer Compressor is
favored by the Fire Department due to quality of the air compressors, responsiveness of the
company during the lifespan of the unit, as well as the air compressors being cost competitive.
If the sole source purchase of a Bauer Compressor is approved by Council, Bauer Compressor
would furnish the new air compressor, install, and train staff. Beyond the purchase of the air
compressor, there is minor electrical work that must be completed. Bids for this work will be
solicited and a contractor will complete that work during the manufacture and shipping of the
replacement air compressor. This action will completion of the project prior to excess
maintenance costs are incurred.
Previous Council or Advisory Body Action
June 2019, City Council approved the 2019-2021 Budget Supplement which included funding
for this project.
Policy Context
The City’s Charter requires the City Council to appropriate an annual budget. By Council
approval of 20/21 Budget Supplement on June 2, 2020, this project was placed on hold. Council
approval of the recommended actions of this report are necessary to reverse the prior budget
action and proceed with project advertisement and construction of the project.
Section 3.24.060 of the City’s Municipal code allows sole source purchases when sai d purchase
is reasonably necessary for the preservation or protection of public peace, health or safety. This
equipment fulfills that criteria and the urgent need for replacement or major repair and
replacement necessitates the expeditated project delivery method outlined above.
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Public Engagement
No public engagement was performed. This equipment is for staff use and located within City
facilities.
CONCURRENCE
This Project has been reviewed and has concurrence from the Fire and Community Development
departments.
Finance has reviewed and approved of the sole source purchase per the attached justification
memo.
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: 2019-21
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $23,800 $10,000 $13,800 -
State - - - -
Federal - - - -
Fees - - - -
Other: - - - -
Total $ 23,800 $10,000 $13,800 -
This proposed project was identified and funded in the 2019-21 Financial Plan budget but placed
on “Hold” with the FY 2020-21 Budget Supplement. Funding remains in the project account but
requires Council authorization to implement.
The estimated project costs are $90,000 and the available funds currently allocated to this project
is $80,000. Additional project funding of $10,000 is recommended to be transferred from
recently completed projects (Undesignated Capital Outlay) to provide sufficient project funding.
The Undesignated Capital Outlay account currently has a balance of $23,800 to support this
request of $10,000.
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Estimated Project Cost by Funding Sources
Fire Station 1 Air Compressor Replacement
Fire Station 1
Air
Compressor
Replacement
(1000045)Total
Air Compressor purchase,
installation and start-up 74,709$ 74,709$
Minor electrical work 5,291$ 5,291$
Contingency 10,000$ 10,000$
Total Project Estimate 90,000$ 90,000$
Available Project Balance:80,000$ 80,000$
401 Undesignated Capital 10,000$ 10,000$
Anticipated Remaining Balance
After project:(0)$ (0)$
ALTERNATIVES
Deny Authorization to proceed. The City Council may choose not to move this project into the
“Active” category. Staff does not recommend this alternative as it will result in either
unnecessary equipment repair or critical equipment failure or both.
Attachments:
a - Project Plans
b - Project Specifications
c - Sole Source Fire Dept Air Compressor
d - Draft Resolution
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SPECIFICATION NO.DATEofSHEETReference Documents:City Standard Specifications - 2020 EditionCity Engineering Standards - 2020 Edition1. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR ORPERMITTEE TO CONTACT "UNDERGROUND SERVICE ALERT OFNORTHERN CALIFORNIA" BY PHONE AT 8-1-1 FORTY-EIGHT (48)HOURS PRIOR TO START OF CONSTRUCTION FOR LOCATION OFPOWER, TELEPHONE, OIL AND NATURAL GAS UNDERGROUNDFACILITIES. CONTRACTOR OR PERMITTEE SHALL ALSOCONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OFCABLE T.V., WATER, SEWER, DRAINAGE OR UNDERGROUNDFACILITIES.2. THE CONTRACTOR SHALL POSSESS A CLASS A OR C-10 LICENSEAT THE TIME OF BID OPENING.index to planssheet no.descriptiongeneral notes:san luis obispo county, californialegend:2DECEMBER 20201000045FIRE STATION #1 - AIRCOMPRESSOR REPLACEMENT11 COVER SHEET2 AIR COMPRESSOR ROOM PLANFILE NO./LOCATIONEEXISTING ELECTRICAL LINEELECTRICAL LINEEabbreviations:ExistEXISTINGEquivEQUIVALENTTypTYPICALg:\Projects\activeprojects\misc projects\1000045 air compressor - fire station 1\450 design working documents\454 CAD\454.2 drawings\Cover Sheet.dwgManuel Guzman, Construction Engineering Manager Approved Datefor Matthew Horn City EngineerCIVILNo. C 78236MANUEL GUZMAN ---Item 14Packet Page 137
of22CIVILNo. C 86141WYATT A BANKER-H IX
0SCALE IN FEET510PLANEXISTING AIR COMPRESSOR ROOMCITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONFIRE STATION 1 AIR COMPRESSORWBHWBHBNMHAS NOTEDDECEMBER 20201000045AIR COMPRESSOR ROOM PLANPLANPROPOSED AIR COMPRESSOR ROOMSECTIONEXISTING AIR COMPRESSOR ROOM---NoNNNNNNC 86141WWWWWWWWWWWWYYYYYYYYYYA-HHHHHHHHHH IIIIIIIIXXXXXXXXXXXItem 14Packet Page 138
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
Fire Station #1 Air Compressor Replacement
Specification No. 1000045
Janurary 2021
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
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Fire Station #1 Air Compressor Replacement
Specification No. 1000045
Approval Date: December 2020
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TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I
BID SUBMISSION ................................................................................................................................ I
BID DOCUMENTS ................................................................................................................................ I
PROJECT INFORMATION................................................................................................................... II
QUALIFICATIONS .............................................................................................................................. III
AWARD .............................................................................................................................................. IV
ACCOMMODATION ........................................................................................................................... IV
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR FIRE STATION #1 AIR COMPRESSOR REPLACEMENT, SPECIFICATION NO.
1000045...............................................................................................................................................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
BIDDER ACKNOWLEDGEMENTS ......................................................................................................E
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ................................................................................................... 1
1 GENERAL ..................................................................................................................................... 1
2 BIDDING ....................................................................................................................................... 1
3 CONTRACT AWARD AND EXECUTION ....................................................................................... 1
4 SCOPE OF WORK ........................................................................................................................ 2
5 CONTROL OF WORK ................................................................................................................... 2
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ..................................................... 2
8 PROSECUTION AND PROGRESS ............................................................................................... 3
15 EXISTING FACILITIES ................................................................................................................ 3
APPENDIX A - FORM OF AGREEMENT ....................................................................... 0
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID SUBMISSION
Bids will be sent via e-mail to Project Manager Wyatt Banker -Hix - wbanker@slocity.org
until
5:00 p.m. on February 11, 2021
Fire Station #1 Air Compressor Replacement , Specification No. 1000045
Any bid received after the time and date specified 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 su bmitted with all
other Bid Forms included in these Special Provisions.
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
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NOTICE TO BIDDERS
ii
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
Project Managers will notify you of all addenda prior to the bid due date. You are
responsible to contact the project manager to confirm that no addenda has been issued
up to 72 hours prior to the bid due time.
Contact the project manager, Wyatt Banker-Hix at 1-805-783-7859 or
wbanker@slocity.org 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 entails the removal of an existing air compressor and the relocation
of equipment and an electrical conduit attached to the equipment room walls. Next, the
installation of a new air compressor, as well as the equipment set up and staff training
required for smooth operation.
The project estimated construction cost is $5,000
Contract time is established as 3 working days.
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 mandatory walkthrough for contractors on February 4 2020 at 10am to be
held at Fire Station #1, 2160 Santa Barbara Ave, San Luis Obispo.
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NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
QUALIFICATIONS
You must possess a valid Class A or C-10 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.
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.
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.
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NOTICE TO BIDDERS
iv
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact
Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805)
781-7107. Requests should be made as early as possible in the bidding process to allow
time for accommodation.
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BID FORMS
A
BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these
forms is cause to reject the bid as nonresponsive.
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 FIRE STATION #1 AIR COMPRESSOR REPLACEMENT,
SPECIFICATION NO. 1000045
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 15 Relocate electrical switch and
conduit LS 1
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
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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.
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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 up on, 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 t he 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 determin ation that is
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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.
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BID FORMS
BID FORMS
E
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
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BID FORMS
F
Date
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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. Fire Station #1 Air Compressor 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
Add Section 3-1.18B CONTRACT EXECUTION, Building Permit:(For Projects
requiring a Building Permit)
3-1.18B Building Permit
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The contractor must obtain a no-fee building permit from the Community Development
Department. All requirements of the building permit shall be applied to the project.
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Sections 5, 7, 8, 15 and 77 for general, material,
construction, and payment specifics.
5 CONTROL OF WORK
Replace the 2nd paragraph in Section 5-1.01 with:
Normal hours of work fall between 8:30 A.M. and 4:00 P.M. Monday through Friday
excluding City holidays. Obtain approval from the Engineer and Community Development
Department for any work not within normal work hours.
Replace Section 5-1.32 AREAS FOR USE with:
The Contractor will be limited to two vehicles on the jobsites at a time unless otherwise
approved by the Fire Department. The Contractor will keep the construction staging area
and work area outside the path of travel for emergency response personnel at all times.
The Contractor will coordinate all stages of work that affect the areas for use with t he Fire
Department.
Add to Section 5-1.36A PROPERTY AND FACILITIES PRESERVATION,
GENERAL:
Work impacting emergency response vehicles shall be coordinated with the Fire
Department.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace last paragraph in Section 7-1.02K(3) LAWS, 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
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:
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3
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.
15 EXISTING FACILITIES
Add to Section 15-1.03A CONSTRUCTION, General:
You will not be allowed to use the Fire Station toilet facilities. Durin g Construction, you
must make arrangements and provide for adequate toilet facilities at the work site. You
must secure and maintain the sanitary facilities in acceptable conditions from the
beginning of work until completion and remove the facilities and disinfect the premises.
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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
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
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APPENDIX
APPENDIX
1
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. List of Subcontractors
6. Public Contract Code Sections 10285.1 Statement
7. Public Contract Code Section 10162 Questionnaire
8. Public Contract Code Section 10232 Statement
9. Labor Code Section 1725.5 Statements
10. Bidder Acknowledgements
11. Agreement
12. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
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
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2
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
__________________________________
Matt Horn, Director of Public Works
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
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City of San Luis Obispo Sole Source Justification Form
Bauer Compressors
It is the policy of the City of San Luis Obispo to solicit quotations or bids for purchases of commodities or services for
specified dollar amounts and to select vendors on a competitive basis (See City of San Luis Obispo Financial
Management Manual, Section 201, Exhibit 201-B).
Pursuant to San Luis Obispo Municipal Code Chapter 3.24.060, certain acquisitions in which the products or services
may only be obtained from a single source may be purchased without engaging in bidding procedures. Such Sole
Source acquisitions must be justified in sufficient detail to explain the basis for suspending the usual competitive
procurement process and approved by the approving authority before such a purchase is made.
1. What product or service is being requested? Why is it necessary?
Bauer Unicus 4 air compressor, used for filling personal oxygen tanks. Needed to ensure First Responders
have access to supplemental oxygen during emergency situations. Only one air compressor capable of
performing this in the City.
2. Is this “brand” of product or services offered the only one that meets the City’s requirements? If
yes, what is unique about the product/services?
No, there are other brands that offer similar services. Bauer offers a familiar operations and maintenance
services.
3. Is the product or service proprietary, or is it available from various dealers? Have you verified this?
Specialty air compressors are not proprietary.
4. Have other products/vendors been considered? If yes, which ? And how did they fail to meet the
City’s requirements?
Other Vendors were considered during project iniation, but the Fire Department preferred Bauer
Compressors due to their familiarity and positive interactions with maintenance staff. Other vendors were
not responsive to Fire Department requests during project initiation.
5. Is the purchase an upgrade or addition to an existing system or brand of products adopted citywide?
If so, will purchase of this product avoid “switching” costs as opposed to purchasing another
product or service (e.g., additional training required; data conversion; implementation of a new
system; etc.)?
Only air compressor of it’s kind in the City, but would avoid switching costs.
6. Is this a request for services by a contractor with necessary, unique, and critical knowledge of
established City systems or programs? If so, will the use of the contractor’s services avoid other
costs (e.g., significant staff time in compiling information, data transfers, etc.)?
Yes, Bauer maintains the older compressor currently in use. They have proven responsive during
maintenance and project initiation. Staying with Bauer will maintain operational and maintenance
knowledge.
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7. What is the quoted price for the product or services, and is it reasonable (based on other products
or services in the same field or based on historical pricing for the City for similar products or
services)?
Quoted price to furnish, install and start-up is $74,708.62. This was reasonable based on other quotes
during project initiation.
__________________________________
Requester
__________________________________ ________________
Dan Clancy, Purchasing Analyst Date
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING USE OF GENERAL FUND
UNASSIGNED WORKING CAPITAL TO SUPPORT THE FIRE STATION
1 AIR COMPRESSOR REPLACEMENT PROJECT, SPECIFICATION NO.
1000045
WHEREAS, in June of 2019, the City Council approved 2019-21 Financial Plan – Capital
Improvement Program, which identified the Fire Station 1 Air Compressor Replaced as a Capital
project with a budget of $80,000; and
WHEREAS, to provide funding to support the air compressor replacement for the Project,
staff is recommending the City Council approve use of $10,000 from General Fund, Unassigned
Working Capital; and
WHEREAS, a balance of approximately $23,800 is available from General Fund,
Unassigned Working Capital to fund the Project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 1. The City Council authorizes staff to transfer $10,000 from the General
Fund, Unassigned Working Capital to the Fire Station 1 Air Compressor Replacement,
Specification No. 1000045, to support the replacement of essential Fire Department equipment.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ___________________________.
____________________________________
Teresa Purrington
City Clerk
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This page is intended to be blank so that you can print double-sided.
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Department Name: Fire
Cost Center: 8501
For Agenda of: February 2, 2021
Placement: Consent
Estimated Time: N/A
FROM: Keith Aggson, Fire Chief
Prepared By: James Blattler, Senior Administrative Analyst
SUBJECT: AUTHORIZATION TO ENTER THE COUNTY OF SAN LUIS OBISPO
COVID-19 VACCINATION ASSISTANCE AGREEMENT
RECOMMENDATION
Authorize the City Manager to sign the County of San Luis Obispo’s COVID-19 Vaccination
Assistance Agreement, and to make minor changes to the Agreement that may arise, pending
formal adoption from the County Board of Supervisors and other participating agencies.
DISCUSSION
Background
Throughout the COVID-19 Pandemic the City of San Luis Obispo (City) and County of San Luis
Obispo (County) have taken a unified approach to help protect the health and safety of the
community. This same approach will be essential with the COVID-19 vaccination response to
protect public health and safety of City and County residents and to fully reopen local businesses
and schools to support the economic recovery process for our region and return daily life to as
close to that which existed prior to the onset of the COVID-19 pandemic.
The timing and scale of a countywide vaccination effort exceeds the operational capacity of the
County and its Public Health function. Through the COVID-19 Vaccination Assistance
Agreement (Agreement) (Attachment A) the City of San Luis Obispo would commit to assist this
effort with City resources that would be reimbursable by the County with federal or state funding
they receive that is dedicated to pay for this vaccination effort.
The Agreement outlines eligible versus non-eligible costs for reimbursement and the process in
which the County will provide reimbursement to participating agencies. The Agreement, which
still requires approval from the County of San Luis Obispo Board of Supervisors, is drafted to
initially include the Cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso
Robles, Pismo Beach, San Luis Obispo and the Five Cities Fire Authority.
The City’s participation in the vaccination effort will likely come from Fire Department
personnel time. The Fire Chief, a Fire Captain and Senior Administrative Analyst are members
of the County’s Multi-Jurisdictional All-Hazard Incident Management Team which has taken
over the management of the vaccination effort through Public Points of Distribution (PPOD).
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Additionally, Paramedics and EMTs will be tasked with providing vaccines at the various PPOD
locations throughout the County.
Policy Context
The Consolidated Appropriations Act, 2021 (H.R. 133) was signed into law on December 27,
2020 and includes $4.5 billion in funding to be allocated to states, localities, and territories to
plan, prepare for, administer, monitor and track COVID-19 vaccines and ensure broad
distribution and access. President Biden has indicated that there may be additional direct or
indirect funding available for vaccination administration.
Public Engagement
This item is on the agenda for the February 2, 2021 City Council meeting and will follow all
required postings and notifications. The public will have the opportunity to provide comment on
this item at or before the meeting. The other six cities, county and fire authority intend to
consider the MOU during the first part of February 2021.
CONCURRENCE
City Administration has been involved in the negotiation and review of the agreement and
concur with the report’s recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action i n this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2021
Funding Identified: Yes
Fiscal Analysis:
While the City’s participation in the County’s COVID-19 vaccination effort has not been
budgeted, the assistance agreement helps ensure maximum reimbursement for costs associated
with the City’s response. Per the agreement, the amount of reimbursement will be contingent on
the amount of financial assistance the County receives from the State and Federal Government.
If the County receives 100% of the total vaccination effort costs, the City will receive 100% of
its eligible costs. If the County receives less than 100%, the City will receive the percentage of
funding that was provided to the County. Any costs not recovered from the County can be
submitted for COVID-19 cost reimbursement through the Federal Emergency Management
Agency (FEMA) and/or the State of California.
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In addition to receiving federal funding from H.R. 133, the County may receive additional
funding for vaccine distribution from the State and Federal government. Governor Newsom’s
proposed state budget for FY 2021-22 includes $350 million for State-sponsored vaccine
distribution efforts and President Biden has indicated that additional federal funding may be
made available to states and local agencies to support vaccination efforts.
ALTERNATIVE
Do not participate in the County’s Vaccination Assistance Agreement . This is not
recommended as it will pr event the City’s ability to seek reimbursement from the County for
costs associated in the City’s response or preclude the City’s ability to assist in an essential effort
to protect the health and safety of the community.
Attachments:
a - COVID-19 Vaccination Assistance Agreement
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Page 1 of 4
AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE,
ATASCADERO, GROVER BEACH, MORRO BAY, PASO ROBLES, PISMO BEACH, AND SAN LUIS OBISPO
FOR COUNTYWIDE COVID-19 VACCINATION EFFORT ASSISTANCE
THIS AGREEMENT (“Agreement”) is made and entered into on January 26, 2021 by and between
the Cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San
Luis Obispo (collectively, the “Cities”) and the County of San Luis Obispo (“County”).
WITNESSETH:
WHEREAS, the Cities and the County (collectively, the “Parties” or individually a “Party”) agree
that a coordinated and cooperative vaccination response to the COVID-19 pandemic is in the best interest
of all citizens; and,
WHEREAS, the Cities and the County agree that an expedited COVID-19 vaccination effort is
essential to protect public health and safety of San Luis Obispo County residents and to fully reopen local
businesses and schools to support the economic recovery process for our region and return daily life to
as close to that which existed prior to the onset of the COVID-19 pandemic; and,
WHEREAS, the Cities and the County understand that the timing and scale of this countywide
vaccination effort exceeds the operational capacity of the County and its Public Health function and the
Cities commit to assist this effort with city resources that would be reimbursable by the County with
federal or state funding received that was dedicated to pay for this vaccination effort; and,
WHEREAS, the Consolidated Appropriations Act, 2021 (H.R. 133), which was signed into law on
December 27, 2020 by President Trump, includes $4.5 billion in funding to be allocated to states, localities,
and territories to plan, prepare for, administer, monitor, and track coronavirus vaccines and ensure broad
distribution and access; and,
WHEREAS, in addition to receiving federal funding from H.R. 133, the County may receive
additional funding for vaccine distribution from the federal government as well as from state government
such as through Governor Newsom’s proposed state budget for FY 2021-22, which includes $350 million
for State-sponsored vaccine distribution efforts; and,
WHEREAS, President-Elect Biden has indicated that additional federal funding may be made
available to states and local agencies to support vaccination efforts and defray or cover all costs; and
WHEREAS, the Cities and the County agree to work together to support this significant and historic
vaccination effort with the city resources specified below at the request of the County Public Health
Officer and consistent with the “Vaccination Letter of Expectation” approved by the Public Health Officer
and the County’s Incident Management Team to protect the health and safety of all San Luis Obispo
County residents.
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NOW, THEREFORE, the Cities and County agree as follows:
1. ASSISTANCE AGREEMENT: The following is an Assistance Agreement between the above-named
Parties negotiated specifically for the COVID-19 vaccination of citizens of San Luis Obispo County
(“Incident”).
2. SCOPE OF ASSISTANCE: The Parties commit to providing necessary resources to carry out the COVID-
19 vaccination effort throughout the County as requested in the “Vaccination Letter of Expectation”
approved by the County Public Health Department and the County’s Incident Management Team and
attached hereto as Exhibit A. These resources include staffing and out of pocket expenses such as
Personal Protective Equipment that represent marginal costs for the vaccination effort. Staffing
assistance from the Cities will largely come from each city’s respective fire department though staffing
from other city departments may also be used if necessary. Necessary resources will be determined
by each city in consultation with the County and the County Incident Management Team based on
resource capacity and availability as some Cities do not have a separate fire department but are served
by a multi-agency fire service.
1. REIMBURSABLE COSTS: The following items are reimbursable costs to the Cities by the County for
assistance to the County in this COVID-19 vaccination effort which would be similar to reimbursable
costs incurred by the County:
a. Additional staff hired specifically to support the Incident.
b. Additional staff hired to provide substitute/backfill for existing city staff who are assigned to
support the Incident.
c. Salary (including both base pay and any applicable overtime incentives, but excluding Party
overheads such as employee benefits, insurance and payroll taxes) for staff working on the
Incident. Because assignments of hourly personnel are anticipated to be in addition to normal
duties, and not instead of, in all cases where staff is eligible for overtime incentives, cost for
both base pay and overtime incentives will be included, regardless of whether the individual
is being paid overtime.
d. Cost for equipment, consumables, and other needs specifically purchased for use while
providing support to the Incident including, but not limited to: Personal Protective Equipment
(PPE), food, water, paper, pencils, and pens.
e. Cost for equipment and consumables taken for use at the Incident that will require
replacement at the end of the Incident such as items listed in subsection 3.d above.
2. EXCLUDED FROM REIMBURSABLE COSTS: The following items are city expenses that will not be eligible
for reimbursement by the County with federal or state funding associated with vaccination efforts.
Where appropriate, such expenses will be tracked, and documentation of such expenses will be
provided to the County, as they may be reimbursable through FEMA or the State of California and
information related to the types of costs will be provided by each Party to the County:
a. Staff assigned to the Incident who are relieved of normal duties.
b. Agency and management overhead for staff assigned to the Incident.
c. Existing equipment and consumables that are not purchased for the Incident and do not
require replacement at the end of the Incident.
d. Costs for non-expendable property purchases made by the Cities that can be repurposed for
non-Incident purposes.
e. Costs incurred by the Cities not directly related to COVID-19 vaccination activities.
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Page 3 of 4
3. REIMBURSEMENT: The County commits to reimburse the Cities for eligible costs defined in Section 3
using federal or state funding received by the County dedicated to COVID-19 vaccination efforts. In
the event that federal or state funding does not fully cover the reimbursable costs incurred by the
Cities, the County will reimburse each city based on the formula defined below in subsection 5.b.. The
County agrees it will pursue additional reimbursement from FEMA and the State of California for all
such costs on behalf of all the Parties. Where reimbursement is received from FEMA or the State, the
County will provide funds to all Parties in accordance with this Agreement.
a. To ensure timely and accurate cost tracking for reimbursement, all Parties agree to provide
the County with documentation of ongoing total eligible costs/expenditures incurred within
thirty (30) days of each completed quarter and within thirty (30) days of the termination of
the County led vaccination effort, hereinafter referred to as the “Final Cost Reporting”. Should
a cost be excluded due to untimely submission, such costs will still be included with costs
submitted for COVID-19 cost reimbursement through the Federal Emergency Management
Agency (FEMA) and/or the State of California.
b. In the event that federal or state funding provided to the County is less than the total costs
incurred by all Parties, the County will reimburse each city the proportion of the funding
received in comparison to the total costs.
i. Example: If the County receives 75% of the total costs incurred by Parties, the County
will reimburse each city 75% of their individual agency eligible costs.
1. If the total vaccination effort cost is equal to $5,000,000 and the total federal
and state funding received by the County is $3,750,000, a City with an eligible
total cost to provide assistance of $500,000 would be reimbursed $375,000
by the County.
c. Reimbursement will be issued within sixty (60) days following the receipt by the County of
eligible federal or state funding, or within sixty (60) days of the Final Cost Reporting if state or
federal funding is received by the County prior to the termination of the County led
vaccination effort.
d. The Parties acknowledge that other eligible funding received for vaccination work will be
applied towards reimbursement of eligible costs identified in Section 3.
4. OTHER PARTIES: Should the County seek the assistance from other government agencies located in
the County of San Luis Obispo in relation to the County-wide vaccination efforts not party to this
agreement, including special districts, an amendment of this agreement adding said party should be
completed in agreement by all existing Parties.
5. LIABILITY: Responsibility for tort claim costs or compensation for injury costs will not be a part of this
Agreement. Responsibility for these costs will be determined outside of this agreement.
6. NON-DISCRIMINATION: All Parties shall not discriminate against any person or class of persons in
violation of any and all Federal, State, and local non-discrimination laws.
7. COMPLIANCE WITH ALL LAWS: All Parties agree to abide by all laws and regulations applicable to the
expenditure of public funds, including but not limited to, the audit of the expenditure of these funds
by Federal, State, or County for compliance with regulations and the inclusion of provisions
guaranteeing compliance with all labor laws and regulations pertinent to public funds.
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8. SEVERABILITY: The invalidity of any provision of the Agreement shall not affect the validity or
enforceability of any other provision of the Agreement.
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Department Name: Public Works
Cost Center: 5010
For Agenda of: February 2, 2021
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Matt Horn, Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
Adam Fukushima, Active Transportation Manager
SUBJECT: ADOPTION OF THE ACTIVE TRANSPORTATION PLAN
RECOMMENDATION
As recommended by the Planning Commission and Active Transportation Committee, adopt a
Resolution (Attachment A) to:
1. Adopt an Initial Study/Negative Declaration of Environmental Impact (Attachment B); and
2. Adopt the Active Transportation Plan (Attachment C); and
3. Authorize the Public Works Director or their designee to approve future administrative
revisions to the Active Transportation Plan as necessary, so long as the revisions do not alter
the policy framework, project recommendations, and substantive content of the February
2021 edition of the Plan (Attachment C), and any such revisions are documented in writing
and provided to the City Clerk for record keeping.
REPORT-IN-BRIEF
Consistent with the Sustainable Transportation Major City Goal identified in the 2019-21
Financial Plan, the City's Transportation Planning and Engineering Program has prepared the
City’ s first Active Transportation Plan (“the Plan”) t o guide future transportation planning for
both bicycling, walking and other forms of human-powered transportation.
This report provides an overview of proposed policies, projects, programs, and implementation
strategies contained in the Plan. This public hearing follows up on the Council Study Session
held December 8, 2020, where the Council provided comments, questions, and general input on
the Draft Plan and heard public comment from the community. The Final Plan incorporates
refinements to address the input and direction provided by the City’s Active Transportation
Committee (ATC), Planning Commission, City Council, and the community.
The Active Transportation Plan document is provided as a Council Reading File (Attachment C)
and is also available for public review at www.slobikewalk.org.
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DISCUSSION
Background
Over the past two years, City staff has been working on preparation of the City's first Active
Transportation Plan. This Plan serves as both a successor to the City's 2013 Bicycle
Transportation Plan, as well as the City's first comprehensive plan on pedestrian policies,
programs and infrastructure recommendations. The consolidation of the two modes (as well as
consideration for other human powered devices) into one plan serves to not only support the
goals of the 2014 General Plan Circulation Element to increase access and mode share for
sustainable transportation modes, but also to increase the City's chances of competing for grants,
especially the highly competitive California Active Transportation Program, which in the last
cycle provided $440 million in funding and has contributed over $10 million toward bicycle and
pedestrian projects in the City of San Luis Obispo to date.
Highlights and major themes of revisions since the public review draft include, but are not
limited to, the following:
1. Additional explanation of Active Transportation Plan concepts including the plan goals,
Level of Traffic Stress analysis, project prioritization, equity, electric bikes, protected
bicycle lanes, bicycle parking, and other design concepts.
2. Additional explanation of proposed pedestrian improvements in the downtown.
3. Improved mapping of proposed bicycle and pedestrian projects.
4. Requests to elevate priority of the segment of the Bob Jones Trail between Octagon Barn
and Los Osos Valley Road to a Tier 1 project (currently a Tier 2 project in the Plan).
• Note: In response to multiple comments heard during the public review period,
the Final Plan includes additional clarification stating that if the County is able to
secure funding to complete the Bob Jones Trail segment south of the City from
Avila Beach to the Octagon Barn, the Octagon Barn to Los Osos Valley Road
segment in the City will be reclassified from a Tier 2 to a Tier 1 project.
5. In response to questions from Council at the study session regarding past community
opposition and Council direction, the proposed crossing improvement of Brizzolara
Creek at Montalban Street, which was a Tier 3 project, has been removed fr om the Final
Plan.
6. Added an equity performance measure and additional equity policy actions.
7. Name of goal three changed from “Accessibility” to “Convenience” to better reflect what
the goal sets out to accomplish.
8. Provided clarification on the survey statistics. Only results from the statistically valid
survey were included in the Plan.
The Active Transportation Plan at a Glance
The Active Transportation Plan is centered around four major goals:
1. Build It. The City can develop the physical infrastructure necessary to achieve this Plan's
goals with an emphasis on priority actions to build a high-quality bicycle and pedestrian
network.
2. Safety. Active transportation can be safe - with an emphasis on addressing safety,
education, and partnerships.
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3. Convenience. Active transportation can be easy - with an emphasis on user convenience,
accessibility, and connectivity.
4. Equity. Active transportation is for everyone - with an emphasis on accommodating
diverse mobility needs, ensuring that active transportation projects and resources provide
equitable benefits to disadvantaged and low-income community members, and that city
planning and outreach processes are inclusive and accessible to all community members.
The structure of the Active Transportation Plan document is organized as follows:
Chapter 1: Introduction - Introduces the Plan within the context of wider City policy and
explains what an Active Transportation Plan is.
Chapter 2: Vision and Goals - Captures the vision and goals of the Plan and identifies
performance measures to ensure that the City can track progress and make the Plan vision a reality.
Chapter 3: Bicycling and Walking in the City Today - An inventory of present-day bicycle and
pedestrian conditions.
Chapter 4: Community Engagement - Provides a summary of the community outreach activities
organized and facilitated by City staff, focusing on barriers to walking and bicycling.
Chapter 5: Recommended Bicycle & Pedestrian Projects - Identifies recommended bicycle and
pedestrian projects that will enhance the biking and walking experience for San Luis Obispo
residents.
Chapter 6: Bicycle & Pedestrian Programs - Provides a description of bicycle and pedestrian
education, encouragement, enforcement, and evaluation programs.
Chapter 7: Implementation - Details a practical roadmap for implementing the proposals within
this plan including project details, cost estimates, and grant funding opportunities.
Changes from the 2013 Bicycle Transportation Plan
In addition to adding a pedestrian component, the Active Transportation Plan proposes a new
approach to implementing projects compared to the 2013 Bicycle Transportation Plan. This is in
response to public outreach results as well as input from the Active Transportation Committee.
Previous bicycle and pedestrian planning efforts have prioritized the implementation of striped
bike lanes and off-street shared-use paths. While all proposed shared-use paths and many other
bicycle projects from the 2013 Bicycle Transportation Plan have been carried over to the Active
Transportation Plan, the new Plan has a greater focus on prioritizing projects that provide physical
separation and safe crossing opportunities along existing major city streets, which provides more
intuitive routes with more direct connections to key destinations that community members already
travel to daily.
The Active Transportation Plan also incorporates new best practices and design tools that were not
approved for use in California or widely deployed at the time the previous Bicycle Transportation
Plan was adopted, such as protected bike lanes and protected intersections. Furthermore, the
Active Transportation Plan places more emphasis on investments that have the greatest potential to
increase bicycling and walking for transportation purposes in the near-term, especially projects
within the City right-of-way that can be built more quickly, affordably, and minimizes the need for
outside agency approvals and right-of-way acquisition.
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Barriers to Bicycling and Walking
To achieve the City’s Modal Split Objectives, public outreach and surveys were conducted to
identify the barriers to bicycling and walking. For bicycling, surveys showed that the perception
of risk with using higher-stress facilities is often the most significant barrier to bicycling for most
people. In order to develop a bicycling environment that will encourage more people to ride, it is
important to first understand the existing level of interest, ability and comfort of bicycling within
the community. While there are many diverse types of individuals who bike, including people
who have no other means of transportation, for the purposes of bicycle system planning, the
population can generally be classified into four types of transportation bicyclists as shown below.
For walking, types of pedestrians usually vary according to age and/or physical ability. Public
outreach results indicated drivers not paying attention, pedestrians not feeling safe, lack of night
lighting, and time to reach destination as the top concerns about walking today in San Luis
Obispo. Statistically valid survey results, as well as feedback from public workshops also
indicated a concern about the need for more protected crossings along high-traffic roadways and
more street lighting, especially near Cal Poly as a particular barrier to walking.
The Bicycle and Pedestrian Network
Provided with data from community surveys and outreach activities, and technical analysis of
barriers and levels of traffic stress within the existing transportation network, staff worke d with
the Active Transportation Committee and the City’s Active Transportation Plan technical
consultant, Alta Planning+Design, to develop a proposed network of bicycle and pedestrian
projects that enhance user safety and comfort levels. Building on the proposed network from the
2013 Bicycle Transportation Plan, routes were identified that could include more physical
separation from vehicular traffic along roadways that are within existing city right -of-way.
Several design strategies that were not widely deployed in California (or approved by Caltrans)
at the time the 2013 Bicycle Transportation Plan was adopted, are prominent features of this
Plan, including protected bike lanes (“cycle tracks”) and bicycle protected intersections.
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Caltrans has since authorized the use of these design strategies and many successful installations
have been completed throughout California in recent years. While many locations will require
further analysis and design review to ascertain whether a protected bike lane is feasi ble, the
Active Transportation Plan proposes protected bike lanes on most arterial routes. The Active
Transportation Plan also identifies information on existing sidewalks and areas where there are
gaps in the sidewalk network to be completed.
Existing and Proposed Bicycle and Shared-Use Path Network
Facility Type Existing (miles) Proposed (miles)
Shared Use Path 11 31
Bicycle Lane 37 13
Bicycle Route 26 0.4
Neighborhood Greenway 1.5 10
Protected Bicycle Lane 0.1 25
In addition to proposed bikeways, outreach results indicated that crossing large arterial Streets
was a significant barrier for both walking and bicycling, and therefore, the Active Transportation
Plan identifies almost fifty locations citywide for crossing improvements. While each locat ion
will require further analysis prior to implementation, the improvements are categorized into
locations of major and minor crossings. Possible improvements at major crossing locations could
include roundabouts, pedestrian hybrid beacons (a.k.a. “HAWK Crossings”), traffic signals or a
new design tool known as a protected intersection. Possible improvements at minor crossing
locations include curb ramps, crosswalk striping, flashing beacons, bike boxes, curb extensions
and median refuges.
Prioritization of Projects
Given that the Plan proposes over 240 projects and acknowledging that there are limited
financial resources to spread between all city infrastructure projects, it is imperative that the
bicycle and pedestrian projects identified in this Plan are prioritized based on their greatest
potential to increase safety, access and connectivity, and ultimately, the number of bicycle and
pedestrian trips. Therefore, the bicycle and pedestrian network projects were evaluated against a
set of criteria and scored.
The following criteria were used to prioritize the proposed bicycle and pedestrian projects:
a) Ridership/ Usage Potential
b) Safety/ Collisions
c) Equity: Improve access for Disadvantaged and Low- Income Community Members
d) Community Input
e) Existing Level of Traffic Stress (LTS)
f) Proximity to Key Destinations: Schools (K-12 and Cal Poly), Parks and Open Space,
Retail and Employment Centers, Downtown, Senior Housing & Supportive Facilities
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The projects have been categorized into the following priority levels:
• Tier 1: The highest-priority projects with the greatest potential to increase the number of
people bicycling and walking. The City will actively pursue funding for these projects
first. The Plan proposes that the City endeavor to complete the Tier 1 network by 2030,
which is consistent with the City’s Climate Action Plan objectives to support citywide
carbon neutrality by 2035.
• Tier 2: Moderate-priority projects that play an important role in the future bicycle and
pedestrian network, but with less potential than Tier 1 projects to increase bicycling and
walking. These projects will be pursued as funding opportunities arise, but not at the
expense of delaying Tier 1 projects.
• Tier 3: Lower-priority projects that help complete the bicycling and walking network but
are not likely to generate measurable increases in bicycle and pedestrian trips. These
projects will be funded primarily through grants and where required as a condition of
approval for new development projects.
Individual bikeway and pedestrian projects were reviewed, evaluated, and prioritized by City
staff and the City’s Active Transportation Committee based on the prioritization criteria listed
above. In selecting the Tier 1 network, staff and the Active Transportation Committee focused on
creating a crosstown network of interconnected routes and crossings that present the greatest
potential to generate increased bicycle and pedestrian mode share and reduce existing collision
trends. Using data extracted from the City’s Travel Demand Forecasting Model, various route
combinations were evaluated until a refined network of nine priority corridors was selected (see
Figure 1 below). These Tier 1 priority corridors have potential to serve roughly 70% of citywide
trips, at least for a majority of the trip length. The remaining Tier 2 and Tier 3 projects improve
bicycle and pedestrian circulation, but to a lesser extent than the Tier 1 network.
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Figure 1. Tier 1 Projects (routes and crossing improvements)
Additional Pedestrian-Specific Improvements and Amenities
In addition to the bikeways, shared- use paths and crossing improvement projects identified as
part of the Tier 1-3 networks, the Active Transportation Plan also proposes to actively pursue
opportunities to construct other pedestrian-specific improvements to enhance accessibility and
connectivity, including sidewalk repairs and construction of new sidewalks, upgrades to curb
ramps, and installation of additional street lighting.
To complete the pedestrian network, approximately 27 miles of new sidewalk would need to be
constructed to fill in all the existing sidewalk gaps throughout the city. In addition, the City has
thousands of intersection corners that would need to be reconstructed to meet current ADA
standards, and several hundred new streetlights would need to be installed for each on-street and
off-street path to meet the City’s current Engineering Standards. Many of these improvements
will likely be installed as a requirement of future land use development/redevelopment projects,
while others will be installed as City-initiated capital improvement projects. In lieu of mapping
and inventorying the thousands of individual locations where the City would install/repair
sidewalks, curb ramps and streetlights, the Plan outlines methodology for prioritizing City
initiated installation of these pedestrian improvements based on factors such as collision history,
pedestrian activity, and proximity to key destinations such as schools (including Cal Poly), parks,
the downtown core, and senior living facilities. Per the Plan, these types of improvements would
be prioritized first in areas with existing safety concerns, and then in areas of high pedestrian
activity, such as near Cal Poly, the downtown core, and near parks and K-12 schools.
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The Plan also identifies recommended features to
make the overall walking experience more inviting
and enjoyable, including policies recommending
inclusion of public art and streetscape enhancements
as part of active transportation infrastructure
projects. In conjunction with the City’s COVID-19
economic response campaign known as Open SLO,
the City installed nearly 40 parklets citywide. The
Active Transportation Plan builds on this success
and provides guidance for a sustained parklet
program. Other programs include recommendations
to bring an Open Streets event (also known as
Ciclovía) to San Luis Obispo, continued support for
a citywide bike share system, creating
walking/biking wayfinding signage, and recommendations to incorporate public art and
placemaking streetscape enhancements as part of every future active transportation project,
where appropriate.
Implementation
The Active Transportation Plan will be built over a number of years depending on funding and
staffing resources, focusing first on the Tier 1 projects that have the highest potential to increase
walking and biking. Throughout the implementation process, staff will continue to work with
critical partners and the community to gather input. Implementation of the Plan will be
incremental but is guided by established policy to continue to prioritize funding toward meeting
the City's goals for increasing bicycling and walking and to ensure that projects benefit
disadvantaged and low-income community members equitably. The Plan includes the following
implementation strategies to accelerate priority active transportation improvements:
Leveraging Funds with Larger Pro jects
Oftentimes, the costs associated with individual active transportation projects can be
reduced significantly by incorporating them into larger infrastructure projects, particularly
roadway resurfacing projects. These projects require coordination and planning and focus
on leveraging on-going or planned projects to build active transportation projects with an
economy of scale.
Quick-Build
Quick-build projects are semi-permanent improvements that can be designed and
implemented quickly, often utilizing lower-cost interim materials, such as flex posts, curb
stops or paint, in lieu of more costly permanent materials. Quick-build strategies also
provide the flexibility to test and refine designs before committing to more substantial
infrastructure investments. An example of a quick-build strategy is the recent installation of
bike lanes on Higuera Street in the downtown. By first installing the bike lanes in paint at a
cost of around $15,000, the C ity is able to test the viability of the design before committing
to a more permanent installation.
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Projects Built as a Condition of Development
An additional opportunity to fund projects is to ensure the City works with developers to pay
for or implement active transportation projects that are necessary to serve their new
developments. The City has been successful in doing this through the construction of new
projects by a developer or through infrastructure financing through the Citywide Transportation
Impact Fee program, which collects a fair share fee from development throughout the City to
help fund significant roadway, bicycle and pedestrian improvement projects. These
opportunities create a "win-win" scenario for the community and the developer as it provides
holistic circulation benefits to the entire community, including reduction in citywide vehicle
miles traveled (VMT), while providing necessary transportation options for the individual
residents, workers and visitors of the new development.
Measuring Progress Towards Implementing the Plan
Ongoing monitoring and evaluation will be vital in achieving the goals of the Active
Transportation Plan. The following matrix summarizes the proposed ways the City plans to
measure progress towards implementing the Active Transportation Plan, with a summary report
to be presented every other year to the Active Transportation Committee and made available to
community on the City’s website.
Active Transportation Plan Performance Measures
# Performance Measure Goal Baseline
1 The share of citywide commute trips made by bicycling
to 20% and 12% by walking by 2030
Current Mode Share:
• Bicycle - 8.3%
• Walk - 7.2%
• Drive Alone - 67.7%
2 Consistent with the City's Climate Action Plan and
General Plan Mode Share Objectives, decrease the
share of total citywide trips made by single-occupant
auto to 50% or less by 2030
Current Mode Share:
• Drive Alone - 67.7%
3 Achieve Platinum Level status as Bicycle Friendly
Community by the League of American Bicyclists
Gold Status
4 Continue progress towards the City's Vision Zero goal
of eliminating traffic fatalities and severe injuries,
endeavoring towards a trend of zero fatal collisions by
2030.
Three-Year Total (2015-2017):
• 3 fatal collisions
• 43 severe injury
collisions
5 Complete installation of the Active Transportation
Plan's Tier 1 bicycle and pedestrian network by 2030.
6.5% of the ultimate Tier 1
network currently in place
6 Consistent with the General Plan Circulation Element
policies, strive to allocate transportation funding across
various transportation modes approximately
proportional to the General Plan Modal Split Objectives
Baseline to be set in 2021
7 Double the mode share for all bicycle and pedestrian
trips for public K-12 schools in the city
Baseline to be set in 2021
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8 Strive to achieve the same demographic representation
of those using active transportation modes as those
using single occupancy motor vehicles.
Baseline to be set in 2021
POLICY CONTEXT
The recommendations of the Active Transportation Plan support the current Sustainable
Transportation Major City Goal identified in the 2019-21 Financial Plan. In addition, the Active
Transportation Plan implements many of the goals, objectives policies and programs of both the
City's General Plan and Climate Action Plan for Community Recovery. The General Plan Land
Use and Circulation Elements identify a multitude of goals and policies promoting bicycling and
walking and reducing community dependence on single-occupant automobile trips. Similarly,
reducing vehicle miles traveled (VMT) and related greenhouse gas emissions through improving
access and use of sustainable transportation modes, such as walking and bicycling, is one of the
most important goals identified in the City's Climate Action Plan for Community Recovery.
In turn, one of the key Foundational Actions identified under the Connected Community Pillar of
the Climate Action Plan recommends that the City “Complete adoption of the Active
Transportation Plan and begin implementation immediately.” A fundamental objective of the
Active Transportation Plan is to provide the policies, programs and infrastructure needed to
increase the number of trips completed by active transportation modes, supporting th e City’s
General Plan and Climate Action Plan Modal Split Objectives to reach 20 percent of Citywide
trips by bicycle and 18 percent by walking, carpool and other sustainable transportation options.
PUBLIC ENGAGEMENT
In the fall of 2019, City staff branded an outreach strategy known as the “Roll and Stroll”
campaign and held a series of both in-person and online community outreach activities for the
Active Transportation Plan. The community outreach is summarized in Chapter Four of the Plan.
In-Person Activities
In person outreach included five pop-up workshops on weekends in neighborhoods throughout
the City, event booths at the SLO Farmers Market and Cal Poly University Union, as well as an
open house workshop at the City/County Library.
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Other Activities
Online activities included a project webpage at www.slobikewalk.org, an online interactive
mapping tool, and an Active Transportation Survey. T he Active Transportation Survey was
conducted to better understand existing travel behavior, major barriers to active transportation,
and what investments community members would like the City to prioritize in order to increase
access to walking and bicycling. Postcards were distributed to a randomly generated list of 4,500
city residents to invite participation in the survey, which resulted in 709 completed surveys,
providing a statistically valid sample. Other community members were also offered the
opportunity to participate in the survey, although the results were not counted as part of the
statistically valid survey sample. An Interactive Online Mapping Tool was created to provide
participants with an opportunity to mark locations throughout the city of desired intersection
crossing priorities, bikeway, and pedestrian facility improvements.
The input received as part of these public outreach activities was used to guide development of
the projects, policies, and programs included in the Draft Active Transportation Plan.
Public Review Draft
The Public Review Draft of the Active Transportation Plan was released on November 19, 2020
and available for an extended public review period through December 31, 2020. The draft was
made available on the City website as well as on the project webpage www.slobikewalk.org.
Notice of the draft was made available through a press release as well as a notice of availability
published in the SLO New Times, and an email sent out to individuals who had signed up for
updates on the project webpage.
In total, including project webpage responses and emails, staff received 135 substantive
comments and 302 non-substantive comments, totaling 437 total public draft comments.
Substantive comments were archived by topic area, and longer comments were br oken down into
multiple comment rows based on individual topic. The response to substantive public draft
comments is included in Attachment E. Along with their recommendation to adopt the Active
Transportation Plan, the ATC submitted 42 comments. The response to their comments is
included in Attachment F.
CONCURRENCE
Over the past two years, spanning at least 19 meetings, the ATC provided valuable input on
the Active Transportation Plan. On December 3, 2020, the ATC recommended unanimously to
adopt the Active Transportation Plan with comments to be considered for the final draft. The
responses to comments are included as part of Attachment F.
On December 9, 2020, the Planning Commission recommended unanimously to adopt the
Active Transportation Plan and approve the Initial Study / Negative Declaration of
Environmental Impact (see Attachment D for resolution).
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Several City departments provided input to the Active Transportation Plan including City
Administration, Fire and Police Departments, Construction Inspection, Office of Sustainability,
and the Community Development Department (planning and development engineering groups).
Other community groups have helped shape the Active Transportation Plan including SLO
RISE, the SLO Chamber of Commerce, Downtown SLO, SLO County Public Health Injury
Prevention Committee, SLO County Healthy Eating-Acting Living Coalition, Bike SLO
County, Save Our Downtown, SLO Under 40, Cal Poly ASI, and others.
Public agency comment letters received included the San Luis Obispo Council of
Governments, San Luis Obispo Air Pollution Control District, and Caltrans.
ENVIRONMENTAL REVIEW
An Initial Study /Negative Declaration was prepared pursuant to CEQA (EID 0496 -2020) by
Alta Planning+Design to evaluate the potential significant effects of implementing the Active
Transportation Plan (Attachment B). An extended review period for the Initial Study /
Negative Declaration opened on November 19, 2020 and closed on December 31, 2020.
The Active Transportation Plan is a program/policy-level document, which means it does not
provide project-specific construction details that would allow for project-level CEQA analysis.
Specific development is not being proposed under this Active Transportation Plan and adoption
of it would not authorize any land use changes or development. Information such as precise
project locations, project timing, funding mechanisms, material types, types of equipment and
ultimately construction drawings will be required in order for future “project -level” CEQA
analysis to occur. Under CEQA, a programmatic document is prepared on a series of actions
that can be characterized as one large project and/or for a project that will be implemented over
a long period of time. Therefore, the Initial Study/Negative Declaration was prepared at a
“program-level,” which is appropriate for this type of proposal. The Initial Study does not
identify any potentially significant impacts that would occur as a result of adoption of the
Active Transportation Plan.
FISCAL IMPACT
Budgeted: No Budget Year: 2019-21
Funding Identified: No
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A*
State
Federal
Fees
Other:
Total
Item 16
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*A total of $140,000 was previously allocated for preparation of the Active Transportation Plan
in the FY 2017-19 and FY 2019-21 Financial Plans and has been sufficient to bring the Plan to
this stage.
Adoption of the Active Transportation Plan itself does not have any direct fiscal impact.
However, when adopted, the fiscal impact associated with fully implementing the Active
Transportation Plan is significant and will extend over many years, requiring substantial funding
commitments over multiple financial plans as well as exploration of grants, development fees
and other outside funding sources. Since the Active Transportation Plan is a programmatic
document, it provides only a planning level assessment of project costs. Therefore, a high - and
low-cost range has been provided, which is summarized in the table below. The broad range of
potential costs is appropriate given the level of uncertainty in the design at this point in the
planning process.
Total Cost Estimate Table
Priority Level Cost Estimate (Low) Cost Estimate (High)
Tier 1 Projects $ 16,800,000 $ 195,400,000
Tier 2 Projects $ 2,900,000 $ 26,500,000
Tier 3 Projects $ 30,900,000 $ 181,400,000
Consistent with the Climate Action Plan for Community Recovery, the Active Transportation
Plan calls for the City to actively work toward achieving the General Plan mode share targets by
2030 by prioritizing implementation of the Tier 1 bicycle and pedestrian network. Other projects
would be completed as opportunities become available or as part of development mitigation.
With that said, ultimately each individual project and program expenditure would be considered
and prioritized by the City Council as part of the City’s two-year financial planning process. For
FY 2021-23, scheduled pavement plan upgrades present an opportunity to begin implementation
of the Anholm Neighborhood Greenway, protected bike lanes and buffered bike lanes on Marsh
St and Higuera St in the downtown as well as pedestrian improvements.
ALTERNATIVES
Council could request more information, suggest substantial changes, or otherwise request
that the Active Transportation Plan be presented for adoption at a later date. Staff does not
recommend this as several proposed projects in the Active Transportation Plan may risk
exclusion from the forthcoming FY 2021-23 Financial Plan.
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Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - Initial Study / Negative Declaration
c - COUNCIL READING FILE - Active Transportation Plan
d - Planning Commission Resolution No. PC-1029-20
e - Response to Public Draft Comments
f - Response to ATC Comments
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA ADOPTING THE ACTIVE TRANSPORTATION
PLAN AND NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT (EID 0496-2020)
WHEREAS, the Climate Action Plan includes a goal of reaching adopted mode share
targets related to carbon neutrality by 2030 and the Circulation Element of the General Plan
establishes a goal of reducing motor vehicle use and reaching 20% of all citywide trips by bicycle
and 18% by walking, carpooling and other forms of transportation; and
WHEREAS, the Circulation Element of the General Plan establishes a goal to consolidate
the Bicycle Transportation Plan with a citywide Pedestrian Plan (an “Active Transportation Plan”);
and
WHEREAS, the potential environmental impact of the Active Transportation Plan has
been evaluated in accordance with the California Environmental Quality Act (“CEQA”) pursuant
to an initial environmental study (EID 0496-2020) and an Initial Study/Negative Declaration of
environmental impact has been prepared and circulated for public review and comment period
from November 19, 2020 to December 31, 2020; and
WHEREAS, an outreach strategy known as the “Roll and Stroll” Campaign was conducted
consisting of both online and in-person activities, including six pop-up workshops in the
community, an open house workshop, an online interactive mapping tool, a project webpage, a
citywide survey, as well as a statistically valid survey distributed to a randomly generated list of
4,500 city residents to invite participation in the survey; and
WHEREAS, the Active Transportation Committee provided input on the Active
Transportation Plan in over 19 meetings over the course of two years and at the hearing of
December 3, 2020 conducted via a virtual, online, meeting platform reviewed the Active
Transportation Plan and unanimously recommended approval of the Active Transportation Plan;
and
WHEREAS, the Planning Commission at the hearing on December 9, 2020, conducted
via a virtual, online, meeting platform, reviewed the Active Transportation Plan and unanimously
recommended approval of the Plan and adoption of the Initial Study / Negative Declaration for the
Plan; and
WHEREAS, the City Council at the study session on December 8, 2020 via a virtual,
online, meeting platform, reviewed the Active Transportation Plan and provided input in
anticipation of the final draft of the Plan; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
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Resolution No. _____ (2021 Series) Page 2
R ______
WHEREAS, the City Council has duly considered all evidence, including the testimony
of interested parties, and the evaluation and recommendations by staff, presented at said hearing s.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to adopt the Initial Study / Negative Declaration, approve the Active Transportation Plan, and
authorize the Public Works Director to update the Active Transportation Plan with administrative,
non-policy amendments as necessary and appropriate. This resolution is based on the following
California Environmental Quality Act findings, with associated findings:
SECTION 1. Environmental Review. The City Council finds and determines that the
Initial Study / Negative Declaration adequately addresses the potential environmental impacts of
the project as defined by CEQA, finds that approval of the Active Transportation Plan would not
result in any significant environmental impacts, and hereby approves the Negative Declaration and
directs staff to prepare and file a Notice of Determination with the County Clerk within five
working days of the approval of the Active Transportation Plan.
SECTION 2. Findings. This Council, after consideration of the Active Transportation
Plan, as recommended by the Active Transportation Committee and Planning Commission, staff
recommendations, public testimony, and reports thereof, makes the following findings:
1. The proposed Active Transportation Plan will promote the public health, safety, and
welfare of persons working, living, or travelling in the City by providing a network of
convenient pedestrian and bicycle facilities and programs.
2. The proposed Active Transportation Plan is consistent with the General Plan (including
Circulation Element Policies 1.7.1, 1.7.2, 1.75, 4.1, 4.2, 5.1, 5.2 among others) and will
further General Plan goals to reduce single-occupancy motor vehicle use by
implementing planned projects or programs that both support and promote sustainable
alternatives to motorized transport such as walking, using transit and bicycles.
3. The proposed Active Transportation Plan will provide new and improved bicycle and
pedestrian facilities which furthers existing General Plan policies and objectives to
complete a network of safe and convenient bikeways and walkways that connect
neighborhoods with major activity centers and routes outside of the city.
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Resolution No. _____ (2021 Series) Page 3
R ______
SECTION 3. Approval. The Active Transportation Plan is hereby approved by the City
Council and Resolution Number 10471 (2013 Series) approving the 2013 Bicycle Transportation
Plan is hereby repealed and superseded.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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RESOLUTION NO. PC-1029-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA RECOMMENDING CITY COUNCIL
APPROVE THE ACTIVE TRANSPORTATION PLAN UPDATE AND
ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT; AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED DECEMBER 9, 2020 (CITYWIDE, OTHER-
0495-2020 & EID-0496-2020)
WHEREAS, the Active Transportation Committee of the City of San Luis Obispo at the
meeting of December 3, 2020 recommended approval of the Active Transportation Plan.
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
meeting via teleconference on December 9, 2020, pursuant to a proceeding instituted under
OTHER 0495-2020 and EID 0496-2020, City of San Luis Obispo, Public Works, applicant; and,
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered
all evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Planning Commission makes the
following findings regarding the project:
1. The proposed Active Transportation Plan will promote the public health, safety, and
welfare of persons working, living, or travelling in the City by providing a network of
convenient pedestrian and bicycle facilities and programs.
2. The proposed Active Transportation Plan will further General Plan goals to reduce
single-occupancy motor vehicle use by supporting and promoting alternatives such as
walking, using transit and bicycles.
3. The proposed Active Transportation Plan will provide new and improved bicycle and
pedestrian facilities which furthers existing General Plan policies and objectives to
complete a network of safe and convenient bikeways and walkways that connect
neighborhoods with major activity centers and routes outside of the city.
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OTHR-0495-2020 & EID-0496-2020
City-Wide
Page 2
SECTION 2. Environmental Review. The Planning Commission finds that the project’s
programmatic Initial Study / Negative Declaration adequately evaluates potential environmental
impacts of the project.
SECTION 3. Action. The Planning Commission does hereby recommend Council
approve the Active Transportation Plan and adopt of the Negative Declaration of Environmental
Impact.
On motion of Commissioner Hopkins, seconded by Commissioner Kahn, and on the
following roll call vote:
AYES: Commissioners Hopkins, Kahn, Quincey, Shoresman and Vice-Chair
Jorgensen
NOES: None
REFRAIN: None
ABSENT: Commissioners Wulkan and Chair Dandekar
The foregoing resolution was adopted this 9th day of December 2020.
TCorey_____________________________
Tyler Corey, Secretary
Planning Commission
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Attachment E ‐ Response to Public Draft Comments# Topic Participant CommentResponse1 General Comment Bike SLO County Include photos of Black, Indigenous, People of Color (BIPOC) within the ATPWhile the public draft did include photos of San Luis Obispo's BIPOC community, additional photos have been added.2 General Comment CaltransPlease note in the draft plan’s Introduction section—and wherever else applicable—that the proposed concepts are planning-level-only. The feasibility and design standards will need further analysis as this plan moves forward. Caltrans’ comments regarding this document are not considered approval for any improvement conceptsChapter 5 includes language that the Plan is a high-level blueprint and that its projects will require more detailed analysis to determine constructability constraints, neighborhood compatibility, and other challenges that may make a project infeasible or undesirable.3 General Comment CaltransIn general, any changes to the state’s right of way would be subject to consistency of current adopted policies, manuals, and guides.Comment received4 General Comment CaltransCurrently, Caltrans is developing a districtwide Active Transportation Plan on bicycle and pedestrian needs at specific locations, on, across and parallel to the state highway system. The plan, which will be available for public review in February, emphasizes social equity and providing safe walking and bicycling. It will be a useful tool for local jurisdictional multimodal planning efforts. We look forward to input from the city and coordination on future implementation.Comment received 5 General CommentSlobikewalk.org Anonymous CommentReevaluation (post pandemic budget considerations) of the expensive and disruptive tearing up of Anholm neighborhood in favor of continuing trial of less costly and invasive solutions that are observable around town.The Anholm Neighborhood Greenway includes many cost effective strategies including movable planter boxes as a first stage toward a more costly and permanent concrete solution.Item 16Packet Page 190
Attachment E ‐ Response to Public Draft Comments6 General CommentSlobikewalk.org Anonymous CommentOur city needs to spend down the pension debt & stop spending huge amounts on small percentage who bike. We think that the city should not be spending any unnecessary money on ANYTHING right now since we are deeply in debt. The city is fiscally irresponsible. If you insist on spending money we do not have then more money needs to be spent on walkers. Most people have 2 legs & walk. Not that many people ride bikes . The walkers seem very unrepresented on the ATC. You are marginalizing walkers & auto users (drivers/passengers).The Plan does not commit city resources to projects but provides a blueprint for meeting General Plan and Climate Action Plan goals. Active Transportation improvements can reduce automobile use, which reduce costs for maintaining city streets and related infrastructure, which are a significant portion of the City's annual budget.7 General CommentSlobikewalk.org Anonymous CommentI like what I have seen in the proposed active transportation plan. It seems to be a pragmatic way of achieving the stated goals. I know that you can only deal with issues within the city borders, but I would urge you to also consider how to improve the biking options for interconnecting the cities and surrounding areas.The Plan is consistent with the County Bikeways Plan in providing connections to outside of the city.8 General CommentSlobikewalk.org Anonymous CommentStop wasting money on these idea. The city doesn't even have enough money to pay for their large pensions, let along bike lanes that they can't maintain.The Plan does not commit city resources to projects but provides a blueprint for meeting General Plan and Climate Action Plan goals. Active Transportation improvements can reduce automobile use, which reduce costs for maintaining city streets and related infrastructure (a significant portion of the city budget).9 General CommentSlobikewalk.org Anonymous CommentNo one moves here and pays astronomical rents or mortgages and then rides a bike. They drive and mostly drive very nice vehicles. If the city were really serious about reducing cars, only allow homes to be built with one car garages or a carport or neither of these. It would reduce the cost of housing and accomplish your goal more than building more bike lanes primarily for recreational use.Bicycle use in the city has steadily increased over the last 10+ years and is currently at just over 8% of all citywide trips, which is significantly higher than the national average of less than 1%. Providing high quality bicycle infrastructure is a key strategy in increasing bicycling and works in tandem with increasing housing capacity in the city.Item 16Packet Page 191
Attachment E ‐ Response to Public Draft Comments10 General CommentSlobikewalk.org Anonymous Comment My concern is personal safety of walking and the increased amounts of homeless persons that have mental disabilities, on drugs, passed out, often clustered on walkways with their bags, dogs, etc.. I understand that most are harmless but their erratic and unstable behavior can install real fear. I am talking about daylight hours. I have lived and worked here since 1993 and have never felt this level of discomfort walking in my town. How can we help resolve this as a community?This comment will be forwarded on to the Community Development Department.11 General CommentSlobikewalk.org Anonymous CommentI do not see how the city plans to pay for this work. Who does the city plan to charge ? How does this fit within the city budget ?The Plan does not commit city resources to projects but provides a blueprint for meeting General Plan and Climate Action Plan goals. A majority of the Plan projects will be built as a condition of development as well as require a financial commitment from the City through the 2-year budget planning process over multiple years.12 General CommentSlobikewalk.org Anonymous CommentGet your head out of the clouds and put this money to better use, like fixing roads and pipes.Maintaining roads and utilities is a large portion of the City budget. Active Transportation improvements can reduce automobile use, which reduce costs for maintaining city streets and related infrastructure.13 General CommentSlobikewalk.org Anonymous CommentThe city of San Luis has no monies for these projects, there are many projects in the works that need attention but this should not be one of them, the city is starting to have infrastructure problems,water mains are old and at times have broken, city streets are falling apartMaintaining roads and utilities is a large portion of the City budget. Active Transportation improvements can reduce automobile use, which reduce costs for maintaining city streets and related infrastructure.14 General CommentSlobikewalk.org Anonymous CommentIt's interesting that the photos of in this project do not represent the diversity of people who live and work in the CityThe public draft of the Plan did include photos of San Luis Obispo's diverse community, however new photos have been added to the Plan.Item 16Packet Page 192
Attachment E ‐ Response to Public Draft Comments15 General Support Rick FeeSLO is among our favorite towns to visit. Your commitment to improving the safety and efficiency for people on bikes and on foot makes your town all that much more attractiveComment received16 General SupportAir Pollution Control DistrictThe APCD would like to commend the City of SLO for updating their Bicycle Transportation Plan and transform it into an Active Transportation Plan (ATP) to include both bicycling and walking needs. Promoting active transportation by incorporating pedestrian and bicycle infrastructure into the City is consistent with several of the APCD's land use goals and policies in the Clean Air Plan and helps meet the SB 32 and SB 375 emission reduction targets set by California legislation and the California Air Resources Board.Comment received17 General Support Taylor MehelicI urge you to support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisions. I want to see these Tier 1 projects considered in the FY21-23 budget cycle without delay so that we can start to see real progress in support of active transportation in our city.Comment received18 General Support Emily White I am in support of the Active Transportation Plan. Comment received19 General Support John ClementsI support the ATP as written, and look forward to USING these trails to get to and from work, travel to parks and recreation, and to go downtown and *buy things* to support our local economy.Comment received20 General Support Gregor KraemerI urge you to support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisions. Comment received21 General Support Laura JoinesI am writing to support the active transportation plan in SLO city and county.Comment receivedItem 16Packet Page 193
Attachment E ‐ Response to Public Draft Comments22 General Support Brad LangerI am writing to support the active transportation plan in SLO city and county.Comment received23 General Support Nathan Deweber I am writing to support the active transportation plan in SLO city and county.Comment received24 General Support Kathryn AnneI urge you to support the active transportation Plan as recommended by the Active Transportation Committee without major revisionsComment received25 General Support Erik JustesenI am writing to record my support of the Draft ATPComment received26 General Support Jonathan RobertsThe ATC unanimously recommends the draft Active Transportation Plan without any major modifications for your review and are excited for it's final adoption in February, 2021!Comment received27 General Support Kim Lisagor BisheffActive transportation is a critical component of the city’s climate, vision zero and mode shift goals, and I was encouraged to see unanimous support for the ATP from the Active Transportation Committee. Please pass the plan without major revisions so that we can stay on track with those goals. Comment received28 General Support Robin EricksonI am writing to endorse the ATP, as guided by the Active Transportation Committee.This includes support for the Tier 1 projects (without major revisions) for the FY21-23 budget cycle. The ATP has incorporated a lot of detailed and well thought out work, and appears to have followed a systematic process for determining priorities.Comment received29 General Support Raquel SmithI urge you to support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisions.Comment receivedItem 16Packet Page 194
Attachment E ‐ Response to Public Draft Comments30 General Support Willy WilsonI urge you to support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisions.Comment received31 General Support Eric Azriel Supports the Tier 1 list of projects in the ATP Comment received32 General Support Helen MastacheI am writing to express my support for the Active Transportation Plan as unanimously recommended by the Active Transportation Committee. Comment received33 General Support Shannon KlischI am writing to express my support for the Active Transportation Plan as unanimously recommended by the Active Transportation CommitteeComment received34 General Support Christina JacobsonPlease support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisions.Comment received35 General Support Ellie PetersenPlease support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisions.Comment received36 General Support Aaron WilliamsI’m writing to share my support for the ATP and related projectsComment received37 General Support Kyron BlauI urge you to support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisionsComment received38 General Support Dawn JankeI urge you to support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisionsComment received39 General Support Robin MarziI urge you to support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisionsComment receivedItem 16Packet Page 195
Attachment E ‐ Response to Public Draft Comments40 General Support Melanie MillsPlease support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisions. Comment received41 General Support Milo SkapinskyI urge you to support the Active Transportation Plan as recommended by the Active Transportation Committee without major revisions.Comment received42 General Support Tony SkapinskyI am writing to express my support for the Active Transportation Plan as unanimously recommended by the Active Transportation CommitteeComment received43 General Support Scott PetersenMy family strongly supports the Tier 1 projects of the Active Transportation Plan without any major revisions, as recommended by the Active Transportation CommitteeComment received44 General Support Steve KlischI urge you to support the Active Transportation Plan as unanimously recommended by the Active Transportation Committee without major revisionsComment received45 General SupportSlobikewalk.org Anonymous CommentI support creating walking/biking only public right of ways.The Plan proposes policies and projects to create more dedicated space for both bicycling and walking.46 General SupportSlobikewalk.org Anonymous CommentAs an active bike rider, walker, jogger and skateboarder all over the town, I'm thrilled to see a number of the pain points I've experienced in the 8+ years I've lived and commuted in town (namely the Higuera/Madonna/South and Broad/South/Santa Barbara intersections) addressed in the planComment receivedItem 16Packet Page 196
Attachment E ‐ Response to Public Draft Comments47 General Support Douglas BingJust wanted to express my appreciation for creating more dedicated bike lanes throughout the city. I hope for a respectful balance between the needs of cyclists and motorists. Comment received48 General Support Ethan StanI am very pleased with what I am seeing in this Draft Active Transportation Plan. Comment received49Bicycling and Walking in SLO TodayAndy PeaseFig. 10 Connectivity could use a legend or some way to make the intent a little more obvious. I finally get it about the islands, but it took a few tries.The text and the map for Fig 10 has been revised to better explain connectivity islands.50Bicycling and Walking in SLO TodayAndy PeaseThe Progress list on p. 83 seems a little anemic. I know you can’t list everything, but it would be nice to give kudos to the number of projects or bike lanes that were added since the 2013 plan. There has been so much great work done on bike lanes and intersections!Additional successes have been added to the list.51Bicycling and Walking in SLO TodaySLOCOGThe plan notes that of the 709 residents who completed the survey, 83% own a bicycle, thus bicycle ownership isn't a major barrier to biking in the City of San Luis Obispo. SLOCOG staff noted that this percentage seemed higher thanexpected. A separate but related consideration not addressed in the plan is the numbers of visitors who arrive in San Luis Obispo without a bicycle and do not know how/where to access one. SLOCOG suggests that the plan consider visitors as another potential audience who may not have easy access to a bike during their stay.The statistic of bicycle ownershp came from a statistically valid survey of residents of San Luis Obispo and did not include visitors. The Plan does recommend a bike share program that can benefit visitors and the City will continue working with partners including SLOCOG, to determine barriers to bicycling and appropriate programs to improve use.52Bicycling and Walking in SLO TodayGary HavasComment that the disadvantaged community maps provided in the Plan do not tell the whole story on what the true equity issues are in San Luis Obispo given that Cal Poly and agricultural areas are a huge part of the zoned areasAgreed. The disadvantaged community maps are from the California AB 1550 and SLOCOG regional definitions of disadvantaged communities, which are used to determine scoring criteria for competitive state grants. Item 16Packet Page 197
Attachment E ‐ Response to Public Draft Comments53 Vision and Goals Andy PeaseGoal 3 Accessibility. It seems like ‘accessibility’ is pretty limited and almost technical as a term. It could be replaced with something like: easy, preferred, desired, enjoyable, obvious, delightful, convenient, etc.Goal 3 has been revised from "Accessibility" to "Convenience" with additional explanation of the goal.54 Vision and Goals Bike SLO County Incorporate a gender and race lens to the ATP A performance measure for equity has been added with a goal that the demographics for active transportation modes should endeavor to be the same as for single occupancy motor vehicle use.55 Vision and Goals Sarah FlickingerAdding an equity metric could significantly shift they types of facilities in certain areas of the city, and that is absolutely something that should happenAn equity performance measure has been added to the Plan.56 Vision and Goals Karen Aydelott Urge more connectivity for bicycling.Connectivity is a core aspect of the Plan, which proposes over 240 projects to improve connectivity throughout the city.57 Vision and GoalsSlobikewalk.org Anonymous CommentThough the plan mentions desired roadway speeds or bike infrastructure on various roadway types and prevailing speeds, it does not mention or highlight that speed is directly linking to survivability of someone walking or bilking. There should be greater emphasis within the plan to lower all roadway speeds within the city limits.A goal of the plan is to explore lowering speeds as low as 15 mph on appropriate roadways if allowed by the California Vehicle Code.58 Vision and Goals BK RichardsOne thing that only got glancing discussion is the advent of all sorts of scooters, wheeled electric platforms, electric bicycles, motorized skateboards. I think it is important to: acknowledge how big this fulfills some goals, acknowledge how it all complicates planning, describe how it is or is likely to add to the safety challenges.The Vision and Goals as well as the Design Guidelines have revised language on the challenges and opportunities presented by electric bikes as well as other micromobility devices.Item 16Packet Page 198
Attachment E ‐ Response to Public Draft Comments59 Vision and Goals Gary HavasRemove portion about needing city council support to pursue shared micromobilityAllowing certain shared micromobility devices is complicated by a city ordinance that prohibits scooters and other rolled devices on city streets. Amending or eliminating the city ordinance by the city council would be necessary to move forward with a shared micromobility program with these kinds of devices.60 Vision and Goals Rick EllisonSuggestion to swap the performance measure of the Bicycle Community Designation of the League of American Bicyclists for the People For Bikes City RatingThe People For Bikes city rating is a new methodology and is still going through significant transformation in each iteration. Given that in 2020 the City achieved the No. 1 rating in the nation with this methodology, the Bike Friendly Community designation is perhaps more usable as a guide for future improvements.61 Vision and Goals Gary HavasThe Plan mentions that projects will be pursued where supported by individual neighborhoods. I like this generally, and fear it also. The City Council at the Dec 8, 2020 Study Session expressed that neighborhood support was an important aspect of Plan implementation.62 Design Guidelines Davis FoleyI would welcome a "quiet streets" initiative comprising: road diets, citywide maximum speed limit of 25 mph and elimination of slip lanes. The Plan goals call for the City to explore reducing speed limits as low as 15 mph in neighborhoods per the California Vehicle Code.63 Design Guidelines Myron AmerineI would like to make one more attempt to obtain stronger policy language with regard to biycle and pedestrian facilities in the ATC Plan as it pertains to freeways.The City does not have authority over freeways, which are under the jurisdiction of Caltrans. The Design Guidelines, however, do include the following policy: "4.13 The City shall work with Caltrans to encourageand advocate that freeway overcrossing/undercrossing and interchange projects incorporatethe needs of bicycling and walking as part of theproject design, avoiding conflict points wherecyclists and pedestrians must cross the pathconcurrent with high speed/volume motor vehiclemovements."64 Design Guidelines Lea BrooksRequest to consider resources from Bike SLO County and Cal Bike in the Plan.The Design Guidance mentions the Cal Bike Quick-Build Guide and other advocacy resources.65 Design Guidelines RRM Design GroupOn page 141 and 155, When reconfiguring parking stalls, consider using diagonal reverse-in types where feasible. These reversible diagonal parking stalls give drivers a better view of oncoming traffic (vehicular and bicycle).Comment receivedItem 16Packet Page 199
Attachment E ‐ Response to Public Draft Comments66 Design Guidelines RRM Design GroupP. 65 and 66 of design guidelines recommend adding design criteria to locate transit stops at far side of the intersection instead of before the intersectionComment forwarded to the Transit Division.67 Design Guidelines RRM Design GroupP. 69-70 Recommend design guidelines include adding guidance on using specific colors orpavements for pedestrian areas.The Plan policies detail options for textured and colored pavement for pedestrian use, which the City has already begun to employ consistant with Federal and State standards.68 Design GuidelinesAir Pollution Control DistrictSince electric bikes are a growing assisted active transportation mode, APCD recommends the ATP provide specific information about their use and limitations within the City.More discussion has been added on the challenges and benefits of electric bikes.69 Design GuidelinesHealthy Communities Work GroupExpressed concerns about extra danger posted to pedestrians on shared use paths from users of e-bikes.The City minimum standard for the width of a bike path is greater than the State standard and provides more room when sharing the path with other path users. As e-bikes gain in popularity, additional outreach on the importance of yielding to other path users and lowering speed will be important.70 Design GuidelinesHealthy Communities Work GroupExpressed concerns about obstacles in the way of sidewalks and bike lanes such as signs, utility poles, landscaping.The ATP Design Guidelines and existing City Engineering Standards establish design policies and standards that identify the proper location for signs, utility poles, and other vertical obstructions within sidewalk and bike lanes consistent with Federal, State and industry-leading design best practices.71 Design Guidelines Gary HavasI believe that “sharrows” are no longer considered appropriate for modern bicycling infrastructure.The Plan recommends use of sharrows only in areas where other improvements are not feasible or recommended and only under lower speed and volume conditions. 72 Design Guidelines Gary HavasPlease include all of the features for Upright Adult in the Bicycle as Design Vehicle Table in the Design Guidelines. Otherwise this table will be misleading. 2013 is a LONG time ago. Recumbents are increasingly of the trike type, and even those are popularly being electrified.This table is from national guidance on the Bicycle as Design Vehicle. It includes a variety of types of bicycles but not all types as the bicycle industry is changing rapidly especially with trikes, cargo, and electric bikes. The table provides a sample rather than a complete list, which would be challenging to keep up to date.Item 16Packet Page 200
Attachment E ‐ Response to Public Draft Comments73 Design Guidelines Gary HavasComment to consider cameras, speed sensitive strobes to enforce lower speeds in work zonesThe City will consider all devices to deter speeding in work zones that are permitted by State law. Cameras for speed enforcement have had legal challenges in California.74 Design Guidelines Gary HavasConsider language for including street drainage bioswalesThe Plan supports the City's broader efforts on landscaping and other low impact development best practices.75 Design Guidelines Gary HavasConsider making Peak Racks with the hi-lo design the city's bike rack standard and making u-racks inappropriate with the exception of docking cargo and larger self supported (kickstand) bikes.Peak Rack type racks are the City approved standard. U-racks are allowed in areas where there is a small footprint and no other rack type is feasible. The Plan has been revised to state that when the Zoning Regulations are updated that U-racks are discouraged to the extend possible.76 Design Guidelines Gary HavasThe recommended environmental considerations near Laguna Lake in the Design Guidelines seems more appropriate for another documentPer the City Natural Resources Manager, these considerations have been carried over from the 2013 Bike Master Plan given the environmental context of Laguna Lake area.77 Implementation SLOCOGAn action strategy in the 2019 RTP is to fund the planning, environmental assessment, design, and construction of bicycle and pedestrian facilities that close gaps in the network (both physical and perceived) and improve multimodalmobility, including Safe Routes to School projects, and many proposed Tier 1 and Tier 2 projects can help toimplement this action strategy. SLOCOG applauds the City’s efforts to implement a progressive program of projectsthat gives high priority to projects with the potential to increase mode share and improve safety and look forward toour continued collaboration to advance projects where local and regional goals and priorities can be achievedComment receivedItem 16Packet Page 201
Attachment E ‐ Response to Public Draft Comments78 Implementation Helene FingerThe Bob Jones Trail Octagon Barn Connection project from Los Osos Valley Road to Octagon Barn should be included in the Tier 1 project list.A new page to the Plan has been added discussing the Bob Jones Trail and the Railroad Safety Trail. Additional description has been added for this segment of the Bob Jones Trail stating that it will be recategorized to a Tier 1 project if the County is able to secure funding for the section to Avila Beach.79 Implementation Jesse EnglertI would like to specifically highlight the categorization of projects into a tiered structure by recommending that all projects remain in their tiers as currently categorized. Comment received80 Implementation Michelle HamiltonI am writing to you to ask you to please complete the current bike paths we have in town before diverting funds to other bike projects.Comment received81 Implementation Linda SpiersI would like to recommend that we connect existing cycling paths to make them more useful before adding bike designations on busy streets. The Plan proposes important portions of shared use paths as Tier 1 projects including portions of the Bob Jones Trail and Railroad Safety Trail. Other portions are included in the Tier 2 and Tier 3 lists however any of these portions can be triggered for construction through conditions of development such as the portion from Orcutt to Righetti Ranch.82 ImplementationSlobikewalk.org Anonymous CommentThere is a lot of good stuff in the plan. I am highly supportive of building out the Tier 1 corridors by 2030 and find the methodology and approach for project prioritization spot on.Comment received83 ImplementationSlobikewalk.org Anonymous CommentThe plan should emphasize use of demonstration and pilot programs for its outreach efforts rather than concept plans. This will give people more chance to try out new roadway designs rather than focus on fear of change. Outreach efforts should heavily focus on gaining opinions of those walking, biking, or wanting to bike and walk.Demonstration projects are short period projects that can be useful for showing what the benefits of an improvement are using easily removable materials. They can be used both for outreach or demonstrating a concept.84 ImplementationSlobikewalk.org Anonymous CommentPlease prioritize protected bike lanes across the city and approve the ATP as is.Comment receivedItem 16Packet Page 202
Attachment E ‐ Response to Public Draft Comments85 ImplementationSlobikewalk.org Anonymous CommentAfter reviewing the plan I would recommend moving Bob Jones Trail to Tier 1 status. The Plan includes the Bob Jones Trail from Calle Joaquin to Froom Ranch Way as a Tier 1 project. The Plan also recommends that if the County secures funding for the portion to Avila Beach that the segment from the Octagon Barn to Los Osos Valley Rd will be recategorized from a Tier 2 to a Tier 1 project.86 ImplementationSlobikewalk.org Anonymous CommentI'd encourage however that the Committee prioritize closing of gaps between existing already accomplished improvements as a practical way to build the sustainable network and higher use/comfort and reach for people opting to use bicycles as an alternative to getting into cars because uncomfortable gaps remain. I am like many in the County that while I don't live in the City I work in the City and make trips for a variety of reasons during my workday. Closing gaps within existing routes would make it easier and more attractive to bike during my day rather than always using a motor vehicle for those tripsThe Plan includes a diverse mix of bike facility types from low speed neighborhood greenways on local streets, to shared used paths and protected bike lanes on arterial routes. Gaps in the bikeway network will be completed over time through a mixture of development mitigation and city initiated projects depending on a project's priority and likelihood of increasing bicycle trips.87 ImplementationSlobikewalk.org Anonymous CommentPlease focus your efforts on closing the gaps in the current Bob Jones Trail, rather than start a new list of projects, especially ones that take bikers through such busy roads in the city. The Plan includes a diverse mix of bike facility types from low speed neighborhood greenways on local streets, to shared used paths and protected bike lanes on arterial routes. Portions of the Bob Jones Trail will be completed over time through a mixture of development mitigation and city initiated projects.88 ImplementationSlobikewalk.org Anonymous CommentI would like to see the city prioritize closing the gaps and connecting our existing bike paths before creating new cycle tracks on busy streets. I live in the Sinsheimer neighborhood and would like to see Bullock Lane put through to Tank Farm Road, to name just oneThe Plan includes a diverse mix of bike facility types from low speed neighborhood greenways on local streets, to shared used paths and protected bike lanes on arterial routes. Portions of the Railroad Safety Trail will be completed over time through a mixture of development mitigation (such as the segment along Bullock Lane) and city initiated projects. Item 16Packet Page 203
Attachment E ‐ Response to Public Draft Comments89 Implementation Gary Havas I am concerned the Bob Jones Trail is not Tier 1As recommended by the Active Transportation Committee, the segment along Los Osos Valley Road from Calle Joaquin to Froom Ranch is included as a Tier 1 project. The segment from Los Osos Valley Road to the Octagon Barn has been revised such that if the County receives funding for the portion to Avila Beach that this segment will be changed from a Tier 2 to a Tier 1 project.90 Implementation Gary HavasConsider adding S. Higuera from Tank farm north to Bridge Street as a Quick-Build potential projectThis segment of S. Higuera will require further engineering analysis and community outreach given potential right of way constraints, low potential to reduce lane widths, potential conflicts with emergency service response times and transit schedules.91Interagency CoordinationRobert CollinsI think the city should put pressure on the county to improve their bike lanes near SLO. Tank Farm road and Buckley road are a nightmare to ride a bike on! How do you share a road when cars and trucks are doing 55 mph?The City will coordinate with the County of San Luis Obispo on projects that are in the County jurisdiction. In addition, the County Bikeways Plan was consulted for the proposed City projects that terminate at the city/county border.Item 16Packet Page 204
Attachment E ‐ Response to Public Draft Comments92Interagency CoordinationRRM Design GroupPage 22, Goal 3.3c Include discussion to consider projects and coordination with the San Luis Obispo County Stormwater Resource Plan (Stormwater Resource Plan) to help the County achieve its regional stormwater treatment goals. The Stormwater Resource Plan identifies complete streets and green streets projects as opportunities to includestormwater treatment (such as Low Impact Development). A multi-benefit project that incorporates transportation and stormwater is a strong candidate for grant funding fromvarious state agencies. Stormwater Resource Plan: https://www.slocounty.ca.gov/Departments/Public-Works/Forms-Documents/Committees-Programs/Stormwater-Resource-Plan/Documents/Stormwater-Resource-Plan.pdfThe Plan includes a goal to incorporate stormwater management elements into active transportation projects where feasible. Staff will review the County Stormwater Resource Plan and look for opportunities to echo the recommendations of the plan into future capital improvement projects.93Interagency CoordinationRRM Design GroupOn page20, Consider adding San Luis Coastal Unified School District to the list of partners to acknowledge the importance of the City-wide SRTS network and the recommendedprogram policy 6.3 on page 123. Revision addedItem 16Packet Page 205
Attachment E ‐ Response to Public Draft Comments94Interagency CoordinationCaltransIt is important to understand Caltrans’ role in implementing active transportation improvements along the state highway system, particularly “Main Streets” like Santa Rosa Street. While seeking feasible opportunities for complete street enhancements (at times based on local plans) to incorporate in our State Highway Operation & Protection Program (SHOPP) projects, often we find ourselves constrained in a variety of ways and benefit from partnerships. These partnerships such as with the city, San Luis Obispo Council of Governments (SLOCOG), and other pertinent resource agencies helps to further refine the potential improvements, seek funding, and provide technical expertise. It’s also worth mentioning that locally-sponsored projects, whether stand-alone or features added to existing SHOPP projects, are required to establish a maintenance and/or cooperative agreement with us for long-term maintenance needs of the new elements.Comment received95 Programs Andy PeaseOn the survey results on p. 40 of the plan, it lists ‘drivers are speeding…’ as a top reason. It occurs to me that so much of what we are having to build wouldn’t be needed at all if we had a culture of slower, considerate driving. I know the ATP is putting in the physical infrastructure, which is the most reliable tool, but I wonder if there could be some acknowledgement and program focused on behaviors of people driving cars. Signage, advertising, forums, campaigns, getting into high schools and colleges, etcSafety education and outreach to all modes of transportation users, especially motorists, is an important proposed program of the Plan. The City and local partners have had limited success with education efforts given that a large share of motorists in the City are not residents of San Luis Obispo. Therefore, the Plan, following outreach results and input from the Active Transportation Committee, places a focus on infrastructure improvements with a strategy of quicker and more cost effective implementation strategies as a high priority.Item 16Packet Page 206
Attachment E ‐ Response to Public Draft Comments96 ProgramsSLOCOGSLOCOG & Rideshare work together to implement the Safe Routes to School Capital Grant Program and convene theSafe Routes to School Taskforce, compromised of member agency planners & engineers, bicycle & health advocates,and school/district representatives, which helps guide the development of the grant program and guidelines andoffer input on SRTS projects and program best-practices. SLOCOG and Rideshare look forward to partnering withthe City on future SRTS planning, projects, outreach and effortsComment received97 ProgramsSLOCOGSLOCOG commends the City for its vision to develop a "Safe Routes for Seniors" program. Rideshare'sKnow How to Go mobility management program focuses on overcoming barriers to public transportationand increasing independence for seniors and people with disabilities through mobility options counseling and oneon-one travel training. Rideshare hopes to coordinate with the City on its efforts to reach similar goalsComment receivedItem 16Packet Page 207
Attachment E ‐ Response to Public Draft Comments98 ProgramsSLOCOGSafety is frequently noted as a primary barrier to biking and walking and much of the collision data indicates driverdistraction at fault. The City should consider the possibility of an ongoing driver education and awareness campaignthat places increased emphasis on the responsibility drivers bear to protect the safety of more vulnerable roadusers, such as people who bike and walk, who are at greater risk of experiencing severe injury and death as a resultof reckless and distracted driving behaviors.The Plan includes a goal to improve safety education for all users of the road. Given that these issues are regional as well as local, the City looks forward to partnering with SLOCOG and others on this effort.99 ProgramsSLOCOGSLOCOG is encouraged to see recommended implementation of a Mobility as a Service (MAAS) platform andcontinued assessment of a bike share and other micro-mobility programs. An action strategy of the RTP is todevelop a regional MAAS platform to provide a unified, equitable gateway to transportation-related information andservices. We encourage the city to consider working in partnership with our agency to develop the platform in orderto share information and best practices as we explore future implementation of a regional MAAS platform.Comment receivedItem 16Packet Page 208
Attachment E ‐ Response to Public Draft Comments100 Programs Bike SLO CountyConcerning helmet challenges for people with afro-textured hair, can the city sponsor a project for engineers at Cal Poly to solve this? The Plan has been revised to include a goal to update the City’s bicycle education efforts with an equity lens for things like providing tips for how people with Afro-textured hair can wear a bicycle helmet more easily. 101 ProgramsAir Pollution Control DistrictRecommend ATP expand its discussion of “other” zero-emission, motorized, micromobility options likepersonal electric skateboards/scooters and the role they play in achieving ATP goalsThe Plan includes a goal for the City to explore expanded use of micromobility devices such as scooters and electric skateboards including whether to amend an ordinance restricting such devices on city right of way.102 ProgramsHealthy Communities Work GroupExpressed concern for the need for a driver education campaign.The Plan proposes improved education for all users of the road including drivers.103 ProgramsSlobikewalk.org Anonymous CommentI also would pitch the idea of making the downtown parklets permanent or somehow allowing downtown businesses to better utilize parking spots in front of their business for fun and interesting opportunitiesAlong with design guidelines for the installation of parklets, the Plan proposes making parklets a permanent program citywide.104 Programs Rick EllisonRecommended removing Enforcement as one of the 6 Es in Chapter 6Enforcement in the Plan was discussed with the Active Transportation Committee and was ultimately recommended to remain in the Plan given that motorist interactions with bicyclists and pedestrians sometimes requires enforcement efforts. Item 16Packet Page 209
Attachment E ‐ Response to Public Draft Comments105 ProjectsJim NettThe City Council voted several years ago to not put a bridge across Brizzolara Creek, connecting the two sections of Montalban Street, as was shown on earlier versions of the transportation plan. It should have been removed from the plan, yet still appears in this version.This project has been removed from the Plan.106 ProjectsRaymond KieferJohnson Ave northbound a block or two before the San Luis Dr split - In the vicinity of Breck adding sharrows would make riding safer for those staying on Johnson. This intersection is identified in the Plan as a proposed crossing improvement. When the project is initiated, more detailed analysis will be conducted which will inform what improvements may be constructed at that location.107 ProjectsRaymond KieferNorth & South bound Higuera at Marsh making a left or right turn to access the Madonna Trail - As you know this is a cluster. Some striping of any type once going toward the 101 underpass could save a life. This intersection is identified in the Plan as a proposed crossing improvement. When the project is initiated, more detailed analysis will be conducted which will inform what improvements may be constructed at that location.108 ProjectsRaymond KieferDesire for a Ped x-ing at Osos & Leff - I live on Church St across fr Sally Loo's. As a frequent walker to downtown, x-ing Osos is a challenge. This intersection is identified in the Plan as a proposed crossing improvement. When the project is initiated, more detailed analysis will be conducted which will inform what improvements may be constructed at that location.109 ProjectsLeslie TerryConcern that road diets will negatively impact those who cannot use active transportation and will create congestion Road configurations are considered on a case by case basis and are informed by collision history, volume, speeds, and other factors. In certain instances, road reconfigurations, such as with South St, can improve congestion by eliminating lane weaving while also improving conditions for active transportation.Item 16Packet Page 210
Attachment E ‐ Response to Public Draft Comments110 ProjectsEric ZeebBike lanes are mostly ok for adults, but I don't yet feel comfortable allowing my kids to ride around town. In the short term I would also love to see some sort of bike lane/path to get across the south part of town such as down tank farm, which currently does not exist.The Plan includes a diverse mix of bike facility types from low speed neighborhood greenways on local streets, to shared used paths and protected bike lanes n arterial routs depending on a planning level analysis of feasibility and street context. In addition, when projects are initiated, other roadway improvements will be considered in tandem which can help further improve the comfort level for active transportation. Shared use paths on both sides of Tank Farm Road are proposed projects in the Plan.111 ProjectsCaltransWe suggest the city consider further analyzing the routes to and from CSU-Cal Poly where bicycle usage is high along with the State Route (SR) 1 intersections of Foothill Boulevard, Highland Drive and Murray Avenue. We support a strong partnership between the city, CSU-Cal Poly, SLOCOG and Caltrans to improve the Foothill Boulevard corridor—a major multimodal connector providing access to and from the university, housing, workplaces and commercial outlets. We recommend working collaboratively to develop and implement a grade-separated facility in the vicinity of SR 1 (Santa Rosa Street)/Boysen Avenue. SLOCOG’s 2019 Regional Transportation Plan identifies the need for bicycle and pedestrian improvements along this highway, but funding availability remains a challenge.The Plan proposes multiple projects to improve the comfort level of bicycling and walking to Cal Poly both along State Route 1 and parallel routes such as the Railroad Safety Trail and the Anholm Neighborhood Greenway. The City looks forward to coordinating with Caltrans and Cal Poly on projects of mutual benefit.Item 16Packet Page 211
Attachment E ‐ Response to Public Draft Comments112 ProjectsCaltransProtected bike lanes require wider shoulders to provide adequate space between vehicles and bicyclists. It’s likely that installing these bike lanes on Santa Rosa Street, between Walnut Street and Highland Drive, would be challenging as much of the roadway is fully built out with two lanes in each direction, two-way left turn lanes in the median or left-turn pockets, shoulders less than 8-feet-wide, and multiple driveways and cross streets along the corridor. Closely spaced driveways may result in potential conflict points from vehicles entering and exiting.Implementing wider shoulders at this location would likely require widening as well as reducing or eliminating a lane. Eliminating a lane at this location is problematic as it will create operational impacts, so Caltrans is unlikely to support this approach. We recognize that local control of a main street can help communities achieve their active transportation vision. Toward that goal, we remain open to discussion on relinquishing a portion of SR 1 to the city. We also recommend the plan include some narrative about relinquishment as an option for future consideration.Comment received. Mention of relinquishment has been added to the Plan as a possible option.113 ProjectsSarah FlickingerFully connected Class 1 trails and neighborhood greenways should not be reserved for some neighborhoods, with only on-arterial pathways available in others.The Plan includes a diverse mix of bike facility types from low speed neighborhood greenways on local streets, to shared used paths and protected bike lanes on arterial routes. Portions of the Bob Jones Trail and Railroad Safety Trail will be completed over time through a mixture of development mitigation and city initiated projects.114 ProjectsJennifer SchaevitzI feel strongly that the Bullock Ln and the Bob Jones Trail connections should be built because we don’t feel safe riding on busy roads and cycle tracks won’t make them safer.The Bob Jones Trail between Righetti Ranch and Bullock Lane is currently in the planning stage in connection with an adjacent residential development.Item 16Packet Page 212
Attachment E ‐ Response to Public Draft Comments115 ProjectsWendy DischEliminating the BJT gap and the Bullock Lane gap along the railroad by the new subdivision would be two major improvements that would benefit the most riders and pedestrians. I recommend that both of these should be listed in the Tier 1 category.The Bob Jones Trail between Righetti Ranch and Bullock Lane is currently in the planning stage in connection with an adjacent residential development.116 ProjectsSlobikewalk.org Anonymous CommentI live on the Morro bicycle path and the city has decided to place art in front of my home without ever contacting me.Painting curb extension along the Neighborhood Greenways was discussed during all stages of the outreach for the 2020 Resealing Project which included two neighborhood meetings, flyers posted around the neighborhood, social media engagement and a dedicated City webpage with project specific information. This planned art work was also included as agendized items at the Active Transportation Committee and City Council prior to the approval of the 2020 Resealing Project. Following that general planning effort, additional engagement was done specifically to encourage neighborhood participation in being an artist or serving on the selection jury, which was comprised of 14 jurors of residents who live within these neighborhoods. 117 ProjectsSlobikewalk.org Anonymous CommentGet the lighting under Chorro overpass in place before someone is injured or further serious trouble occurs. Lighting the Choro overpass is part of the Anholm Neighborhood Greenway, which is a Tier 1 priority project.118 ProjectsAllan CooperPromote more walking in addition to biking because 28% of the population are senior citizens. The draft Active Transportation Plan does not adequately address mid-block crosswalks, traffic calming and sidewalk widening needed in our Downtown Core. While the Plan has a citywide focus, the final draft includes more description of proposed improvements in the downtown including crossing improvements and widened sidewalks for the benefit of pedestrians of all ages. In addition, an aspect of the prioritization process included proximity of projects to senior living facilities. Item 16Packet Page 213
Attachment E ‐ Response to Public Draft Comments119 ProjectsTate IsaacsI love all of the support and effort put into making our community more safe for biking and walking. I would also like to advocate for the expansion of the trail systems in our open spaces and if possible the addition of a bike park where riders can dial in their riding skillsComment has been forwarded to the City Natural Resources Manager. In addition, an aspect of the prioritization process included proximity of projects to parks and open spaces.120 ProjectsSlobikewalk.org Anonymous CommentI hope you will consider raising the priority for the penny lane Fairview crossing. This would allow the neighborhoods surrounding the hospital to get downtown and to the northern part of town without having to go out onto or cross Johnson Right next to a very busy and dangerousThe Active Transportation Plan places an emphasis on a Tier 1 network of projects that can be built with relative speed. The crossing of the railroad at Penny Lane would require an encroachment permit from Union Pacific. Past coordination with Union Pacific has taken up to ten years to achieve and therefore the Penny Lane crossing was not recommended by the Active Transportation Committee for inclusion into the Tier 1 network.121 ProjectsSlobikewalk.org Anonymous CommentLet's make sure these intersections, pathways and corridors are as safe to bike/walk/jog/ride along at night as they are in the day time! The Plan proposes increasing streetlighting in high demand locations.122 ProjectsSlobikewalk.org Anonymous CommentThere needs to be better bike safety lanes at the Broad St - South St - Santa Barbara Ave intersection. The Plan proposes protected bike lanes on both Broad and South Street as well as a crossing improvement at the intersection of the two streets.Item 16Packet Page 214
Attachment E ‐ Response to Public Draft Comments123 ProjectsJack ShouldersConnect the SLO Bob Jones Trail section at LOVR to Johnson Ranch via the Octagon Barn. The proposed Vallagio development should provide a walking/biking path that connects the Irish Hills trails (Neil Havlick loop) to the near the SLO Bob Jones Trail at LOVR.The Plan proposes the Bob Jones Trail from Los Osos Valley Rd to the Octagon Barn, however it will require coordination with the County as most of the segment is outside of the City jurisdiction. 124 ProjectsSlobikewalk.org Anonymous CommentPlease focus on completing/connecting the bike and walking paths vs putting walkers and cyclists on busy roads. The Plan includes a diverse mix of bike facility types from low speed neighborhood greenways on local streets, to shared used paths and protected bike lanes on arterial routes. Portions of the Bob Jones Trail and Railroad Safety Trail will be completed over time through a mixture of development mitigation and city initiated projects.125 ProjectsWilliam Watsonit appears that the current bicycle lanes were built and future lanes are planned based mostly on "hope" and not on the reality that hardly any bicycles are actually using these lanes. On the other hand, our city is getting bigger and more congested because of these new lanes, but not to the extent that people are "going to get fed up and buy a bicycle". The latter is a pipe dream and expensive. People instead are going to use the more environmentally alternative of getting an electric vehicle rather than getting a bicycle.Bicycle use in the city has been on a steady increase over the last 10+ years and is currently at just over 8% of all citywide trips, which is significantly higher than the national average of less than 1%.126 ProjectsSlobikewalk.org Anonymous CommentI am a Cal Poly student living off campus and ride my bike to campus daily. I hate riding on busy streets and try to avoid them as much as possible. I would prefer to have the connections of the current bike paths finished instead of leaving those be and adding larger bike lanes on busy streets.The Plan includes a diverse mix of bike facility types from low speed neighborhood greenways on local streets, to shared used paths and protected bike lanes on arterial routes. Portions of the Railroad Safety Trail leading to Cal Poly will be completed over time through a mixture of development mitigation and city initiated projects. The City has just broken ground on a new portion of the trail from Taft to Pepper streets.Item 16Packet Page 215
Attachment E ‐ Response to Public Draft Comments127 ProjectsSlobikewalk.org Anonymous CommentLOVR from Madonna south to S.Higuera has heavy traffic use (vehicles at ~40-50 mph speeds, juxtaposing for position for access to Hwy 101 entrance ramps). Improved protective bike lanes and/or separate dedicated bike lanes might improve safety.The Plan proposes protected bike lanes on this segment of Los Osos Valley Rd.128 ProjectsSlobikewalk.org Anonymous CommentA separate bike path next to tank farm road would be a huge improvement for local commuters and tourists. TThe Plan proposes shared use paths on both sides of Tank Farm Road, however portions of it are in the County and will require coordination with that agency.129 Projects Devin GallagherVery supportive of grade separated crossing of 101 at Broad St. Have you considered an underpass or use of the existing and adjacent Brizzolara stream culvert? Alternatively, Consider daylighting overpass mid block on Lincoln St. What about a connector along Brizzolara Creek/101 to Santa Rosa Park/Cal Poly? Yes it is tight as but a shared path would provide an advantageous internal link for residents where cars can not go.The Plan includes the Anholm Neighborhood Greenway, which will provide improved connections for bicycling and walking across Foothill Blvd as well as connections to the downtown.Item 16Packet Page 216
Attachment E ‐ Response to Public Draft Comments130 ProjectsJohn Hedgepeth I did not see any coordinated activity with County in planning routes. The City should be aware to promote bike commuting from outlying suburbs and towns requires some level of commitment, funding and research to perform coordinated routes with other governmental entities. Second, shared pedestrian/bike routes can be a problem both in terms of safety to cyclist and pedestrian and also lowered efficiency especially to the cyclist. If you look at major European city routes, these two forms of transportation are separated. Quite often there is a bicycle path next to sidewalksThe Plan will work in coordination with the County Bikeways Plan to improve connections outside of the city especially the Bob Jones Trail.131 ProjectsDorothy CurhanPlease repair the bike lane on tank farm road. I use it almost every day on my trike and the lane isn’t quite wide enough and free from debrisComment has been forwarded to the maintenance division. Depending on the location on Tank Farm Road, the request may need to be forwarded to the County as portions of the road are outside the city jurisdiction.132 ProjectsCrissa HewittTo improve safety and therefore use for pedestrians, the sidewalks on Chorro and Broad and cross streets from Foothill to the freeway need to be completely redone.Sidewalks located on the frontage of private residences are the responsibility of the property owner. In addition, the Plan includes curb ramp and other pedestrian amenities as part .of the Anholm Neighborhood Greenway133 ProjectsSlobikewalk.org Anonymous Comment foothill blvd should have a protected bike laneThe Plan does propose a protected bike lane on Foothill Blvd.Item 16Packet Page 217
Attachment E ‐ Response to Public Draft Comments134 ProjectsGary HavasI wonder if the statement of feasibility of projects could be composed with more of a statement commitment to completion than this suggestsGiven that the Plan is a high level document, more detailed engineering analysis and public outreach will be necessary as projects are initiated. Given project unknowns it is necessary to point out that certain projects may be infeasible or have incompatibility with the community.135 Projects RRM Design GroupAgree that LOVR is a Tier 1 project – our employees who travel this route observe many near-misses related to cars pulling out into traffic and narrow lane situations.Comment receivedItem 16Packet Page 218
City of San Luis Obispo, Council Memorandum
Attachment F: Response to Active Transportation Committee Comments
Substantive Comments on the Active Transportation Plan
Number Page Comment Response
1 General Expand discussion of COVID-19-19 to include more
general disruptions in the world.
Language added expanding the discussion on the
importance of general resiliency.
2 General Remove mentions that SLO is “unaffordable” and
instead rephrase to mention that the plan makes SLO
more affordable.
Many citations changed to “affordability” rather than
“unaffordable.”
3 General Change “unsheltered persons” to “unhoused” persons Revisions added.
4 General Many of the figures are very dense and cannot be
zoomed by the reader to provide more detail (e.g.,
Figure 12). Suggest these figures be placed in the
document at high resolution and with more detail (e.g.,
street names).
Map resolutions have been improved and additional
changes made to make the maps easier to read. New
maps of Tier 1 and 2 projects have also been added to the
Plan.
5 General Add language on the increase in the number of ebikes to
induce new riders and require monitoring for safety
consequences
Discussion on the increase, opportunities and challenges
of ebikes has been added
6 General More explanation needed on how the tiers achieve
ridership goals.
More explanation added on how completing the Tier 1
network by 2030 will help to reach General Plan and
Climate Action Plan goals
7 2 Add previous ATC members in acknowledgements
section.
Previous members who provided input have been added
8 5-12 City Manager’s introductory references three
innovations/focus points for the plan: 1) quick build, 2)
LTS, 3) equity/sustainability/economy (page 5). The
plan’s objectives of safety/health/sustainability,
access/mode shift, collaboration/equity are introduced
page 8. On page 10, it says the plan will accomplish
mode share, bike/ped network, connectivity to
destinations, reduced pollution/GHG, and disadvantaged
community input.
Section on the Plan objectives and other relevant sections
amended
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Attachment F: Response to ATC Comments Page 2
On page 10, it lists quality of life improvements to the
build environment, public health, housing, and climate
action.
On page 12, the three foundations of sustainability,
equity, and economic resilience are introduced. In the
Vision & Goals chapter (starting page 18), the goals are
divided into four sections: build it, safety, accessibility,
and equity.
The plan will regroup goals, pillars, etc. At minimum,
the goals as introduced in the beginning of the plan
(yellow box on page 8) should correspond to the Vision
& Goals chapter.
9 6 Suggest an addition to the Introduction stating that this
is a “living” document and as such will be periodically
reviewed and updated as we learn from implementation
of the plan and as the needs of city residents and visitors
evolve – this will be particularly true of the project lists
Revision added.
10 14 Think Chapter 4, on community engagement, should be
moved to the end. See how it flows chronologically, but
for anyone reading this plan that information is not as
useful/relevant as subsequent sections (the important
results of outreach are included in the prior chapter
about biking and walking today).
Given that the Plan will be consulted by grant funders,
Chapter 4 has been kept in its place to highlight the
importance of community engagement in San Luis
Obispo but has also been revised to remove redundancies
between Chapters 3 and 4.
11 18 Remove wording “highest priority” “moderate priority”
and “lower priority” in the project tier discussion box.
Revisions added.
12 20 add the “ATC” in point 1.6. Revisions added.
13 21 7.25 Please consider removing U-style racks as an
option as they require bicycles to use kickstands. Unless
you are willing to scratch/dent up your bike frame. Pg.
21 Doors leading into buildings with bicycle parking
need to be automatically operated (or at the very least
U-style racks are an approved option in areas where there
is not enough room to install other racks which have
larger footprints. However, language in this section and
the Design Guidelines has been added discouraging use
of U-style racks in favor of other racks when possible.
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Attachment F: Response to ATC Comments Page 3
not swing shut) to accommodate large bicycles. Also,
make sure they are on the bottom floor.
Language added to encourage updating the Zoning
Regulations to reflect discouraging U-style racks as much
as possible.
14 23 There is an existing reference to exploring changes to
the Municipal Code as they pertain to micromobility (p.
23). This is currently the only reference to the Municipal
Code in the plan. Suggest making this a broader
exploration to review any conditions in the Municipal
Code that pertain to bicycling and walking such as
exploring allowing sidewalk bicycle riding.
The Active Transportation Plan is a document for
pedestrian as much as bicycle use. Allowing bicycle
riding on sidewalks may conflict with pedestrians and
those with disabilities. However, projects in the Active
Transportation Plan will significantly increase the
number of bicycle routes with physical separation from
traffic thus helping to reduce the demand for sidewalk
riding.
15 23 "Open streets" should be explained/defined (p. 122? As
first mention).
A definition for this citation of Open Streets has been
added.
16 26 ACS data should be supplemented with local data on
mode share.
The Plan mentions using city survey data as well as
national data (ACS)
17 26 Consider an equity performance measure. A performance measure for equity has been added with a
goal that the demographics for active transportation
modes should endeavor to be the same as for single
occupancy motor vehicle use.
18 46 Like the side-by-side comparison of total collisions and
severe/fatal collisions by mode but think the relationship
should be highlighted in the text as well. In my mind,
the conclusion is that active transportation collisions
have a disproportionate share of the injuries.
Additional discussion has been added in the text
highlighting the disproportionate impact of collisions on
active transportation modes.
19 47 The paragraph requires the reader to assume that the
discussion is about collisions with cars, but this is not
stated and should be. The question is further clouded by
the information in the “2017 Collisions by Type” pie
chart. The chart shows 86% car, which we
might assume means car versus car, but could mean car
versus object (ex. tree, light pole) collisions. By default,
does 8% bike collisions mean bike versus bike or object
(potentially true, but not stated), or bike versus car
Additional discussion has been added highlighting the
disproportionate impact of collisions on active
transportation modes.
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Attachment F: Response to ATC Comments Page 4
collision? The description and the diagrams should be
more clearly labeled. Additionally, the reader should be
informed as to why (presumably) car versus car
collisions are significant in a bike-pedestrian plan.
20 p. 53,
column 2,
para 1
This entire paragraph is very confusing and needs to be
re-written. A large part of the confusion lied in the error
of there being no symbols on Figure 10 to indicate
significant colors of the roadways. This reader deduces
(maybe incorrectly) that on Figure 10, interconnected
low-stress corridors are displayed in blue. The
paragraph should lead the reader in by stating, "On
Figure 10, interconnected low-stress corridors are
displayed in blue.”
“Line two says, “When the color of a collection of
roadways changes or the color is broken….” We don't
actually mean the color of the roadway. The statement
would be clearer if it said, "when the LTS of a
collection of roadways changes or varies, ...
The section on Low-Stress Connectivity Islands has been
revised to make it simpler to understand. In addition, the
corresponding map has been updated to show where
barriers to connectivity exist.
21 p. 53,
column 2,
para 2
The word “connected” is a jargon term in this document
that seems to be a shorthand implied definition for
“interconnected low stress travel”. In this sentence the
full "implied definition" should be written
out, ex. “These crossings provide the majority of the
downtown area with more interconnected low stress
travel.” Make it clearer what “connected” means and
provide more definition and explanation.
The section on Low-Stress Connectivity Islands has been
revised to make it simpler to understand. In addition, the
corresponding map has been updated to show where
barriers to connectivity exist.
22 54 Figure 10's legend should include the low stress and
high stress symbols and descriptions. The colors used in
the figure are not defined and the scale is too small to
highlight pertinent information, so the figure is not
informative.
The entire section on Low-Stress Connectivity Islands
has been rewritten to make it simpler to understand. In
addition, the corresponding map has been updated to
show where barriers to connectivity exist.
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Attachment F: Response to ATC Comments Page 5
23 p. 55,
column 2,
para 1 & 3
Figure 11 should be presented before Figure 12, or the
labels should be switched.
Revision added.
24 80 Chapter 5 needs more explanation and examples of what
protected bike lanes are with photos of different ways to
construct them.
A new section has been added with several photos
showing that protected bike lanes can be designed in
different ways given the needs and context of a roadway.
25 80 In Chapter 5, more attention is needed to prevent right-
and left-turn collisions and provide a clear
understanding of the policies and design. They need to
be stronger in the Design Guidelines, Appendix C, table
on page 19. Add language in chapter 5 on how some of
these toolbox options help with these collisions.
The introduction of Chapter 5 includes language about
Vision Zero policies to reduce injuries and that the
crossing improvements and corridor improvements will
address improvements at high injury locations.
26 80 In Chapter 5, consider adding a pathway project
connecting Goldenrod Rd to the new business parks
along Farmhouse Lane.
Plan revised to include a portion of the Edna-Price
Canyon Trail as a non-city project that would need to be
initiated by the County.
27 96 Supplement text on Figure 18, which itemizes the gaps
between existing and proposed, along with numbers that
place these gaps on the map. The goal would be for
community members to zoom in on their specific area of
concern and be able to understand the
status. Make clearer that the network viewer is
available.
Map resolutions have been improved and changes added
to made to make the maps easier to read. New maps of
Tiers 1-3 projects have also been created and added to
appendix B. Network viewer added to the table.
28 112 Full page photo has great subject matter and facial
expressions but may elicit some cringe-worthy
comments due to the camera angle and the shadows
created by the skirt of the central rider. Strongly suggest
replacing this photo with another. Some potential
photos taken of micro-mode pedicab riders in SLO are
provided as separate files in this commentary email.
Photo replaced.
29 117 Move mention of “fall prevention for seniors program”
to earlier in Chapter 6.
Revision added
30 128 Appendix A will be most useful if it includes details of
the specific projects, such as zoomed in Project maps,
Map resolutions have been improved and additional
changes made to make the maps easier to read. New
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Attachment F: Response to ATC Comments Page 6
and description/diagrams of the various Project
Components (or links to city website documents with
these details).
It would be helpful if the “Appendix A” wording were a
live link like the Figure XX wordings are.
Make public viewer footer more visible in Appendix A.
Many of the public comments received to date express
concern that the ATP is not addressing the gaps in the
existing low stress bike and pedestrian network. And
yet closing the gaps was one of the major goals when
assigning projects to the Tier system. The conclusion is
that the ATP is not clearly relaying the information so
that the public can be better assured in the gap-closing
priority. Repeating the comment on page 53 (above),
the document relies on the wording “connected” quite
often with the implication that the reader understands
this word to mean ‘interconnected low stress
travel”. But that point is not well made, leading to
questions and criticisms by multiple reviewers that the
ATP does not address gaps in safe travel routes. The
ATP needs to provide more detailed (zoomed in) maps
and more detailed descriptions of the Tier 1 and 2 bike
and pedestrian projects in order to address the
common concerns voiced by the reviewing public.
maps of Tiers 1-3 projects have also been created and
added to appendix B. Network viewer website link added
to the table.
31 132 Double check mileage total on Prado/Dalidio corridor. Revision added.
32 138-141 The cost range for a bike lane is shown at $100k-
$400k/mile (page 138), but the subsequent case study of
the Higuera street bike lane says the project cost $15k
total. That project is at least half a mile (measured on
Google Maps), so that would be only $30k/mile. If we
recently implemented a project for less than the low
The cost for a bike lane has been revised
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Attachment F: Response to ATC Comments Page 7
range for a facility, think we should adjust
the estimate range.
33 140, fig 29 The dollar cost estimates should be rounded to the
nearest $100 or $1,000. Showing costs to the penny
presumes more detailed cost analysis than anyone
realistically has and makes the table look cluttered.
Revision added
34 141-142 Really like the suggestion to consider EVERY project as
having potential to be a quick-build project. Due to the
high cost of implementing the Tier 1 plan, it will be
crucial to use quick build techniques as much as
possible. See no reason why quick build techniques
cannot be used in at least some aspect of all projects.
Also like the suggestion of removing the quick build
map as it does seem to be limiting.
While many projects (though not all) in the Plan have a
potential for quick-build implementation, the map shows
the projects with the highest potential for quick-build
implementation. Further study will indicate which
additional projects have potential for quick-building
based on more engineering analysis
35 143, fig 30 This figure has no reference in the text. Every figure
should have some textural reference. Also, Figure 30
begs the question of, "How is this figure related to the
Tier 1 and 2 project Figures 26 and 27"? The text could
address this question, as in, "all quick build projects fall
within the Tier1 and 2 categories." (this is example
wording - not checked for accuracy) - or some similar
discussion.
Revision added
36 144, para 1 Pre-approved designs are a time- and cost-saving
measure that the City should pursue. However, this
action is not listed as a stand-alone goal in this
document. Pre-approved designs should be included as
an Implementation Policy.
Pre-approved designs are mentioned in Goal 7.4.2
37 144 Make a clearer distinction between a pilot project and a
quick-build project.
Revision added
38 149 “Continue progress towards the City's Vision Zero goal
of eliminating traffic fatalities and severe injuries,
endeavoring towards a 75% reduction by 2030” I
believe this should be a 100% reduction by 2030 since
The Plan has been revised to reflect that the City will
endeavor for a 100% reduction in fatal and severe injuries
by 2030.
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Attachment F: Response to ATC Comments Page 8
Vision Zero calls “to eliminate all traffic fatalities and
severe injuries” We received a few correspondences
regarding Vision Zero and I suggest staff incorporate
stronger language into the plan. There is room for
improvement and revising these policies to use the
newest techniques. The categories in which we capture
these statistics have a car centric perspective. We need
to update our Vision 0 perspective to the latest
standards.
39 149 Remove this mention of the Performance Measures
since it already appears in Chapter 2.
The performance measures have been repeated in the
Implementation chapter since they are inextricably linked
to the Vision and Goals of Chapter 2
Design Appendix
40 Throughout Avoid use of paint for colorized bikeways – reduced
friction, particularly when wet. Use thermoplastic or
MMA instead (which also require less frequent
maintenance).
The City’s preference on permanent installations is for
thermoplastic, MMA or other permanent materials,
however paint is an approved material when applied
according to State guidelines especially for quick-build
installations.
41 5 Add a reference to a few Cal Bike resources. The design guidelines mention Cal Bike Quick-Build
guide and other advocacy resources
42 7 Made this comment the last time around and maintain
that describing children and teen pedestrians as having
“insufficient judgement” is completely backwards. The
design should be sufficient for the range of population
using it, not the other way around. I get that these are
from AASHTO, but I don’t think we’re beholden to
repeat that language in our plan. (look for other national
guidance on this to reference).
Staff and the consultant were not able to find alternative
national guidance, however the AASHTO guidance will
still help the designer understand the variety of needs and
abilities of pedestrians when designing projects.
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Department Name: Finance
Cost Center: 2002
For Agenda of: February 2, 2021
Placement: Business
Estimated Time: 60 minutes
FROM: Derek Johnson, City Manager
Brigitte Elke, Finance Director
Prepared By: Natalie Harnett, Principal Budget Analyst
SUBJECT: 2020-21 MID-YEAR BUDGET REVIEW
RECOMMENDATION
1. Receive and discuss an update to the City’s work programs, changes in financial positions,
and long-term forecasts (Attachment A, Sections A, B & C) based on revised projections for
all major funds at the mid-point of the 2020-21 fiscal year; and
2. Receive an update on the status of the current Meta City Goal (Attachment A, Section D);
and
3. Adopt a resolution (Attachment B) to approve the one-time allocation of unassigned fund
balance from 2019-20 into operating budget for the General, Water, Sewer, and Parking
Funds; and
4. Approve one full-time equivalent (FTE) position to provide public information and
communications.
DISCUSSION
The City’s budget policies1 require that the City Council review the City’s budget and financial
condition every six months. The mid-year review fulfills that purpose and allows
for adjustments to revenue and expenditure assumptions should the need arise. It therefore takes
a more in-depth look at the City’s budgeted revenues and expenditures compared to the first and
third-quarter status reports provided to Council.
The accompanying Mid-Year Budget report for 2020-21 provides a comprehensive overview of
the City’s financial condition at the mid-point of the fiscal year. The report summarizes current
financial trends since the adoption of the 2020-21 supplemental budget in June 2020. The
report’s focus is on the General Fund and each of the City’s enterprise funds. The Mid-Year
Budget report focuses on the current year and provides an analysis of the assigned workload for
each operating program. It outlines the achievements and, where applicable, the challenges for
each department. The report also includes a brief update to the City’s Meta City Goal status.
1 Pg. 19, 2019-2021 Financial Plan: Mid-Year Budget Reviews. The Council will formally review the City’s fiscal condition,
and amend appropriations if necessary, six months after the beginning of each fiscal year.
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This report follows the City’s completion of its comprehensive annual financial report (CAFR)
and analyzes the forecast based on prior year fiscal year actuals and fiscal year-end balances.
Report Organization
Section A: Mid-Year Budget Overview: Provides a narrative overview of the City’s current
financial condition and the current revenue and expenditure trends. It also outlines
recommendations for budget changes moving into the remainder of FY 2020-21.
Section B: Financial Condition Summaries: Provides up-to-date budget versus actual
comparison of revenues and expenditures of all major funds. It also displays the recommended
changes to budget. Section B-5 includes updated five-year forecasts for all major funds based on
actualized numbers from the 2019-20 audit financials.
Section C: Operating Program Evaluations: Provides a performance evaluation on the
workload, performance measures, and core objectives of each operating program. This section of
the report highlights accomplishments and identifies any challenges between the resources
allocated and the work program objectives for each program.
Section D: Status of Major City Goals: Provides an update on the City’s Meta City Goal tasks.
These updates are now also provided to Council on a monthly basis and information about how
the City is assisting Economic Recovery can be found on the City’s website here.
Section F: Recent Financial Reports: Includes the latest Transient Occupancy Tax and Sales
Tax reports.
Request to Create Position
The City formalized its approach for proactive, effective, and meaningful communication and
public engagement in 2016 with the additional contract services to support and maintain
Citywide communications. This work, overseen by the City Administration and IT Department,
is provided by a combination of contract services and staff support. The demand for additional
communication has further increased with the City's response to the COVID-19 pandemic,
resulting in additional workload spread across multiple departments. As a result, staff has
analyzed the most efficient and effective way to continue to provide the level of communication
service needed by the community.
The current, ongoing contract services funding provides approximately 57 hours per month of
contractor work, compared to the approximately 160 hours of monthly availability provided by a
regular, full-time position. To continue meeting the day-to-day needs for press releases, City
News items, social media management, media preparation, light design/video production and to
work with City departments to address other communications requests, a dedicated internal
resource is needed, and a regular, full-time position is proposed to be added to the current
budget.
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The cost of the proposed position for FY 20-21 is $59,000 and the ongoing, annual cost is
$118,000. The Administration and IT Department currently has a budget of $120,000 for
ongoing communications contract services and no additional funding is being requested for the
position. Staff will be requesting some additional communication contract services (design,
video, printing), as part of the 2021-23 Financial Plan, as that ongoing budget item was reduced
as a part of the City’s initial financial response to COVID-19 and commensurate with the
needs/requests of a full communication program. The ongoing, annual cost of the position would
also be included in the 2021-23 Financial Plan.
Policy Context
As referenced, the City’s budget policies require that the City Council review the City’s budget
and financial condition every six months. Additionally, Task 4 of the City’s Major City Goal for
Fiscal Sustainability and Responsibility outlines the implementation of quarterly financial reports
to Council to monitor fiscal performance, including performance measures.
Under the City’s Financial Reporting and Budget Administration policy, 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 life of applicable projects. 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.
Public Engagement
Public comment on the item can be provided to the City Council through written correspondence
prior to the meeting and through public testimony at the meeting. The Mid-Year Review Report
for 2020-21 (Attachment A) will also be posted on the City’s website for public review.
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
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Fiscal Analysis:
The table below outlines the projected changes in financial position for the City’s major
revenues. The significant variance in Tax and Franchise Revenue is due to the addition of
approximately $3.6 million in Local Sales Sax resulting from the passage of Measure G -20
which goes into effect on April 1, 2021. Per previous Council action on December 8, 2020,
$3.425 million of the anticipated revenue will be used to replenish the General Fund unassigned
fund balance to offset immediately needed expenditures for economic recovery and development
efforts and homeless services.
The other notable variance is the $5.5 million increase in Water Fund debt proceeds budget. This
is not new revenue but instead a carryover of budget that was not received 2019-20. Additional
revenue details can be found in Attachment A.
Table B1
Total Funding Sources - All Funds
Combined (in thousands) Total Budget*
Actual
Year-to-date
(11.30.20)
% Received Revised
Projection
Mid-Year
Projection
Variance
Tax & Franchise Revenue 57,902$ 24,881$ 43%64,461$ 6,559$
Service Charges
General Fund 12,212$ 5,890$ 48%12,478$ 266$
Water Service Charges 22,890$ 8,899$ 39%23,197$ 307$
Sewer Service Charges 15,895$ 6,111$ 38%16,127$ 232$
Parking Service Charges 2,798$ 1,039$ 37%2,296$ (502)$
Transit Revenue 4,808$ 1,205$ 25%4,808$ -$
Assessment Revenue 1,507$ 714$ 47%1,507$ -$
Proceeds from Debt Financing
Water Fund 8,800$ 7,674$ 87%14,300$ 5,500$
Sewer Fund 43,100$ 3,496$ 8%43,100$ -$
Total 169,913$ 59,909$ 35%182,275$ 12,362$
* Includes expenditure offsetting budget amendments from Q1 & Q2
Fiscal Year 2020-21
Staff is also recommending several budget amendments as part of the mid-year review. Given
the City’s Fiscal Health Contingency Plan activation, only items deemed critical are being
recommended at this time.
Table 1 - Significant Operating Budget Changes
Funding Source Budget Amendment
Recommended Short Description (detail in Attachment A)
1 General Fund 250,000$ Unemployment Insurance
5 General Fund 29,800$ PERS Unfunded Liability Correction
6 Parking Fund 100,000$ Parking and Acess Management Plan Update
3 Sewer Fund 21,000$ Unexpected Emergency Repairs
4 Water Fund 29,794$ PERS Unfunded Liability Correction
7 Insurance Fund 150,000$ Allocation from Insurance Fund Balance
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The overall fiscal impact of the above recommendations is outlined in the fund overview below:
Table B2
Operating Expenditures
Combined (in thousands) -
excluding capital & transfers FootnoteAdopted
Budget
Budget
Adjustments*Total Budget
Year-to-date
Consumption**
(11.30.20)
%
Consumed
Revised
Budget
Mid-Year
Amendments
General Fund 1 73,183$ 5,390$ 78,572$ 30,065$ 38%79,002$ 430$
Business Activities
Water Fund 18,943$ 1,165$ 20,108$ 12,194$ 61%20,137$ 30$
Sewer Fund 9,230$ 592$ 9,822$ 4,575$ 47%9,843$ 21$
Parking Fund 3,270$ 128$ 3,397$ 1,546$ 46%3,497$ 100$
Transit Fund 3,843$ 271$ 4,114$ 3,620$ 88%4,114$ -$
Special Revenue
Tourism Assessment 1,225$ 34$ 1,260$ 646$ 51%1,260$ -$
Downtown SLO 2 253$ -$ 253$ 242$ 96%253$ -$
Total 109,946$ 7,579$ 117,525$ 52,887$ 45%118,106$ 581
* Budget adjustments include: encumbrances from FY19-20, CM approved carryover, revenue offsetting budget amendments, CM approved use of 18-19
undesginated fund balance
** Consumption = expenditures and commitments
1 - General fund includes Insurance ISF sub-fund and Debt Service sub-fund
2 - Downtown Assessment revenue is collected by the City upon business license renewal and paid to the Downtown Association. Almost all revenue
was collected in July during the renewal period, so 96% is not a significant variance, but is slightly low due to business closures during the pandemic.
Fiscal Year 2020-21
ALTERNATIVES
The Council could direct staff to not implement the proposed budget change
recommendations. Should the adjustments not be approved, the budget will remain unchanged
compared to the adopted supplemental budget. Staff does not recommend an unchanged budget
due to updated projections based on recent trend information.
Attachments:
a - COUNCIL READING FILE - FY 20-21 Mid-Year Report
b - Draft Resolution
Item 17
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN AMENDMENT TO THE 2020-
21 BUDGET ALLOCATION
WHEREAS, in accordance with the San Luis Obispo City Charter Section 802, the City
Manager submitted the 2020-21 Supplemental Budget to Council for its review and consideration
on June 2, 2020; and
WHEREAS, the Council approved and appropriated the 2020-201 budget allocation
including operating, debt service, and capital improvement plan budget; and
WHEREAS, in accordance with Budget Policy G under Financial Plan Purpose and
Organization, the Council will formally review the City’s fiscal condition, and ame nd
appropriations if necessary, six months after the beginning of the year ; and
WHEREAS, this report follows the City’s completion of its comprehensive annual
financial report (CAFR) for 2019-20 which shows that the General Fund has an unassigned Fund
Balance of $7,122,607; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The 2020-21 budget is hereby amended to appropriate $279,800 of the
City’s General Fund unassigned fund balance into operating budget.
SECTION 2. The 2020-21 budget is hereby amended to appropriate $100,000 of the
City’s Parking Fund working capital balance into operating budget.
SECTION 3. The 2020-21 budget is hereby amended to appropriate $21,000 of the City’s
Sewer Fund working capital balance into operating budget.
SECTION 4. The 2020-21 budget is hereby amended to appropriate $29,794 of the City’s
Water Fund working capital balance into operating budget.
SECTION 5. The 2020-21 budget is hereby amended to appropriate $150,000 of the
City’s Insurance Fund balance into operating budget.
Item 17
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Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 6. The 2020-21 budget is hereby amended to adopt one full-time equivalent
(FTE) position to provide public information and communications.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Item 17
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