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HomeMy WebLinkAbout121013finalagebdapacket Tuesday, December 10, 2013 6:00 p.m. SPECIAL MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice Mayor Kathy Smith, and Mayor Jan Marx PLEDGE OF ALLEGIANCE: Council Member Ashbaugh PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda. Time limit is three minutes. 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 A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three minute time limit. San Luis Obispo – Special Meeting Agenda of December 10, 2013 Page 2 C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (MEJIA) RECOMMENDATION: Waive reading of all resolutions and ordinances as appropriate. C2. MINUTES OF TUESDAY, NOVEMBER 5, 2013 (CODRON/MEJIA) RECOMMENDATION: Waive oral reading and approve as presented. C3. MARKETING SERVICES FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT – REQUEST FOR PROPOSALS (CODRON/CANO) RECOMMENDATION: As recommended by the Tourism Business Improvement District (TBID) Board, authorize the issuance of a Request for Proposals for Marketing Services for the TBID, Specification No. 91275. C4. LEASE AGREEMENT WITH THE SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR USE OF 1123 MILL STREET OFFICE SPACE – RESOLUTION (STANWYCK/BREMER) RECOMMENDATION: Adopt a resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the terms for the lease of 1123 Mill Street with the San Luis Obispo County Arts Council and authorizing the Mayor to execute the lease and all necessary supporting documents.” C5. ADDITION OF 1144 BUCHON STREET TO MASTER LIST OF HISTORIC PROPERTIES – RESOLUTION (JOHNSON/LEVEILLE) RECOMMENDATION: As recommended by the Cultural Heritage Committee, adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adding the property located at 1144 Buchon Street to the Master List of Historic Resources, CHC 106-12.” C6. CONTRACT AWARD FOR TESTING AND TRAINING SERVICES ON TYLER/ENERGOV SOFTWARE (PADILLA/SCHMIDT) RECOMMENDATION: Approve, and authorize the City Manager to execute, a contract with Software Solutions for testing and training services on Tyler/EnerGov software in an amount not to exceed $43,950. San Luis Obispo – Special Meeting Agenda of December 10, 2013 Page 3 C7. FISCAL YEAR 2014-15 GRANT APPLICATION FOR OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (GESELL/ ELLSWORTH) RECOMMENDATION: 1) Authorize the Police Department to submit a grant application to the Office of Traffic Safety for the Fiscal Year 2014-15 Selective Traffic Enforcement Program (STEP) in an amount not to exceed $250,000; and 2) if the grant is awarded, authorize the Chief of Police to execute all grant related documents and authorize the appropriation of the grant amount. C8. PARKING SERVICES DIVISION ORGANIZATIONAL ASSESSMENT – REQUEST FOR PROPOSALS (GRIGSBY/HORCH) RECOMMENDATION: 1) Authorize the issuance of a Request for Proposals for consulting services for an Organizational Assessment for the Parking Services Division, Specification No. 91282; and 2) authorize the City Manager to execute an agreement in an amount up to $45,000 to perform the organizational assessment. C9. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2014 (MARX/ CHRISTIANSON/MEJIA) RECOMMENDATION: Approve Council Liaison Subcommittee assignments for calendar year 2014. C10. MONTEREY STREET WATERLINE REPLACEMENT PROJECT (MATTINGLY/ LAWRENCE) RECOMMENDATION: 1) Authorize the City Manager to award a contract to Cannon for design services for the Monterey Street Waterline Replacement, Specification No. 91284, in the amount of $59,840; 2) approve a Budget Amendment Request to transfer $59,840 from Water Completed Projects to the design phase of the project; 3) authorize staff to advertise for bids for the construction of the Monterey Street Waterline Replacement, Specification No. 91298; and 4) authorize the City Manager to execute the construction contract if the lowest responsible bid is within the Engineer’s Estimate of $336,026. C11. SLO SKATE PARK PUBLIC ART DESIGN (STANWYCK/MUDGETT) RECOMMENDATION: As recommended by the Parks and Recreation Commission, conceptually approve the public art design “Concrete Jungle” for the City of San Luis Obispo (SLO) Skate Park located at Santa Rosa Park. San Luis Obispo – Special Meeting Agenda of December 10, 2013 Page 4 PUBLIC HEARINGS PH1. REISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR 19-UNIT SENIOR RENTAL HOUSING PROJECT AT 443 PACIFIC STREET (CARMEL STREET APARTMENTS) – RESOLUTION (JOHNSON/COREY – 15 MINUTES) RECOMMENDATION: 1) Conduct a public hearing under the Tax and Equit y Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986; and 2) adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the reissuance of Multifamily Housing Revenue Bonds by the Housing Authority of the City of San Luis Obispo for the Carmel Street Apartments located at 433 Pacific Street.” PH2. REISSUANCE OF MULTIFAMILY HOUSING REVENUE LOAN FOR 41-UNIT SENIOR RENTAL HOUSING PROJECT AT 2005 JOHNSON AVENUE (DEL RIO TERRACE APARTMENTS) – RESOLUTION (JOHNSON/COREY – 15 MINUTES) RECOMMENDATION: 1) Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986; and 2) adopt a resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the reissuance of a multifamily housing revenue loan by the Housing Authority of the City of San Luis Obispo for the Del Rio Terrace Apartments located at 2005 Johnson Avenue.” BUSINESS ITEMS B1. 2012-13 FISCAL YEAR ANNUAL REPORT ON DEVELOPMENT IMPACT FEES AND MAKING CERTAIN FINDINGS RELATED TO IMPACT FEE BALANCES – RESOLUTION (PADILLA – 30 MINUTES) RECOMMENDATION: 1) Review the 2012-13 Fiscal Year Report on Development Impact Fees; and 2) adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2012 -13 Annual Report on Development Impact Fees and making certain findings related thereto.” San Luis Obispo – Special Meeting Agenda of December 10, 2013 Page 5 B2. UPDATE ON THE CITY’S FISCAL STATUS AND STATUS OF MAJOR CITY GOALS (PADILLA – 30 MINUTES) RECOMMENDATION: 1) Review and discuss an update on the City’s fiscal status based on unaudited 2012-13 year-end financial results and first quarter trends in 2013-14; and 2) review and discuss the status of the City’s progress in accomplishing the Major City Goals adopted by Council for 2013-15. B3. GENERAL FUND FIVE YEAR FISCAL FORECAST: 2013 -18 (PADILLA – 30 MINUTES) RECOMMENDATION: Review and discuss the results of the General Fund Five- Year Fiscal Forecast for 2013-18. COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit—3 minutes. COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURNMENT Adjourn to a Regular Meeting to be held on Tuesday, January 7, 2014 at 6:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. 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, during normal business hours, and on the City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100. Page intentionally left blank. MEETING DATE: December 10, 2013 ITEM: C2 MINUTES CITY OF SAN LUIS OBISPO REGULAR MEETING OF THE CITY COUNCIL Tuesday, November 5, 2013 - 6:00 P.M. Council Chamber, 990 Palm Street San Luis Obispo, California CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 5, 2013 at 6:00 p.m. in the City Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Vice Mayor Smith. ROLL CALL Council Members Present: Council Members John Ashbaugh, Dan Carpenter, Carlyn Christianson, Vice Mayor Kathy Smith Council Member Absent: Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Ashbaugh led the Pledge of Allegiance. APPOINTMENT A1 . APPOINTMENT TO THE HOUSING AUTHORITY Motion by Council Member Christianson, Second by Council Member Ashbaugh, Carried 4-0, to confirm the appointment of Jay Beck to the Housing Authority to complete an unexpired term through March 31, 2015. C2 - 1 City Council Meeting Minutes – November 5, 2013 Page 2 PUBLIC COMMENT Donald Hedrick, San Luis Obispo, spoke on the importance of transparency in government and the electoral process. Amy Cornell, San Luis Obispo, announced that a Cal Poly student government representative will be attending Council meetings to provide updates on campus activities. Jeannie Blackwell, San Luis Obispo, urged Council to send a letter to the County Board of Supervisors in support of a county-wide ban on hydraulic fracturing. Vice Mayor Smith advised that Council will consider the subject of hydraulic fracturing as part of the Council’s Legislative Platform in January 2014. Dave Hannings, San Luis Obispo, voiced objection to a proposed development at 667- 669 Monterey Street, citing concerns with massing, circulations, and parking; asserted that the Planning Commission ignored the concerns of the public. Kurt Friedmann, representing SLO Hosts, distributed a petition in support of allowing short term rentals and urged Council to suspend enforcement pending modifications to the Code. A hard copy of Mr. Friedmann’s petition is on file with the City Clerk. Justin Wellner, representing Cal Poly, advised that a public forum regarding a proposed student housing project will be held on November 6, 2013 at 6:00 p.m. at the University Union. CONSENT CALENDAR Donald Hedrick, San Luis Obispo, spoke on the potential for flooding at a creek adjacent to the Damon-Garcia sports fields and urged that the City not allow development near the park until it has been addressed. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to approve recommendations for Consent Calendar Items C1 thru C10, with the removal of Items C2 and C7 for separate consideration. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to waive reading of all resolutions and ordinances as appropriate. C2 - 2 City Council Meeting Minutes – November 5, 2013 Page 3 C2. LEASE AGREEMENT WITH SESLOC FEDERAL CREDIT UNION FOR THE USE OF 3807 AND 3855 BROAD STREET FOR OVERFLOW PARKING AT THE DAMON-GARCIA SPORTS FIELDS Please refer to Page 5 for discussion of this item. C3. DECLARATION OF HEALTHY EATING ACTIVE LIVING CITY – RESOLUTION MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to adopt a Resolution No. 10473 (2013 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, recognizing the tremendous physical and fiscal toll obesity has on the community, and committing to promote a healthier lifestyle through diet, nutrition and exercise by supporting City participation with the ‘Healthy Eating Active Living’ cities campaign (HEAL).” C4. JACK HOUSE RESTROOM AND GAZEBO REMODELS, SPECIFICATION NO. 90569D MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to: 1) Approve the Plans and Specifications for “Jack House Restroom and Gazebo Remodels, Specification 90569D”. 2) Authorize staff to advertise for bids and authorize the City Manager to award the contract, if the lowest responsible bidder is within the Engineer’s Estimate of $240,000. 3) Approve the transfer of $55,000 from the project’s construction management account to the construction account at the time of bid award. C5. FIRST AMENDMENT TO TELECOMMUNICATIONS FACILITY LEASE AT SANTA ROSA PARK MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to approve the First Amendment to the Telecommunications Facility Lease with New Cingular Wireless PCS, LLC, and authorize the City Manager to execute the Amendment and any related documents on behalf of the City. C2 - 3 City Council Meeting Minutes – November 5, 2013 Page 4 C6. PARKING SCOOTER FLEET REPLACEMENT MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to: 1) Authorize the purchase of two (2) parking scooters as approved in the 2013- 15 Financial Plan per the City’s purchasing policy. 2) Authorize the Finance Director to issue a sole source purchase order to Municipal Maintenance Equipment, Inc., in the amount of $61,594.56. C7. PURCHASE OF FIRE ENGINE, SPECIFICATION NO. 90059 Please refer to Page 6 for discussion of this item. C8. SURPLUS DESIGNATION OF EIGHT VEHICLES AND EQUIPMENT AND AUTHORIZATION OF SALE MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to authorize the surplus designation of eight (8) vehicles and pieces of equipment by sale, auction, trade-in, or other disposal methods in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Sections 405-L and 480-B. C9. AERIAL SIGNAL TRUCK REPLACEMENT, SPECIFICATION NO. 91234 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to: 1) Approve the Aerial Signal Truck Replacement capital project, Specification No. 91234 from the Equipment Replacement Fund balance. 2) Approve the use of Cooperative Purchasing Agreement with National Joint Powers Alliance (NJPA) Contract #060311-AII through Altec Industries, effective July 13, 2013, for the purchase of a 2014 Altec AT235 Signal Aerial Truck. 3) Authorize the Finance Director to execute a purchase order to Altec Industries in the amount of $80,837 for a 2014 Altec AT235 Signal Aerial Truck. 4) Authorize the surplus designation of signal aerial truck, Fleet Asset No. 0414, by trade-in in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480-A and in accordance with California Air Resources Board ruling for out-of-state sale. C2 - 4 City Council Meeting Minutes – November 5, 2013 Page 5 C10. FIRST AMENDMENT TO BUILDING AGREEMENT AND LEASE FOR RETAIL SPACE AT 837 MARSH STREET MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to: 1) Approve modifications to the existing retail lease space located at 837 Marsh Street. 2) Authorize the City Manager to execute the First Amendment to the Building Agreement and Lease with Jamestown Premier SLO Retail, L.P., for existing retail lease space located at 837 Marsh Street. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION C2. LEASE AGREEMENT WITH SESLOC FEDERAL CREDIT UNION FOR THE USE OF 3807 AND 3855 BROAD STREET FOR OVERFLOW PARKING AT THE DAMON-GARCIA SPORTS FIELDS – RESOLUTION In response to Council inquiries, Parks and Recreation Director Stanwyck explained that the City may not utilize the SESLOC north pa rking lot during business hours; advised that City facility hosts will guide park users to appropriate parking facilities; advised that the City will continue to explore long term parking solutions for the sports park. MOTION BY VICE MAYOR SMITH, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 3-1 (COUNCIL MEMBER CARPENTER VOTING NO), to: 1) Approve a 10-year parking lease agreement with SESLOC Federal Credit Union in the amount of $32,000 for the use of property at 3807 and 3855 Broad Street as overflow parking for the Damon-Garcia Sports Fields during peak uses and authorize the Mayor to execute the lease agreement; 2) Adopt Resolution No. 10472 (2013 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the terms of the lease of SESLOC Federal Credit Union owned property at 3807 and 3855 Broad Street and authorize the Mayor to execute the lease for overflow parking at Damon-Garcia Sports Fields with all necessary paperwork.” C2 - 5 City Council Meeting Minutes – November 5, 2013 Page 6 C7. PURCHASE OF FIRE ENGINE, SPECIFICATION NO. 90059 - RESOLUTION Council discussion ensued relative to whether the Cal Poly contract for fire services adequately recovers the City’s expenses to provide said services. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 3-1 (COUNCIL MEMBER CARPENTER VOTING NO), to: 1) Approve the Lease Purchase of one (1) new 2013 Pierce Arrow PUC Type 1 Fire Engine in the amount of $548,351 with payments to be made over a 5 year term and authorize the City Manager, Finance Director and City Attorney to execute all related documents on behalf of the City. 2) Authorize the Finance Director to execute a sole source lease purchase order through Oshkosh Capital in the amount of $548,351 for the purchase of a new 2013 Pierce Arrow PUC Type 1 Fire Engine. 3) Authorize the surplus designation of 1991 Pierce Fire Pumper, Fleet Asset No. 9180, by sale, auction, trade-in or other method in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480. 4) Adopt Resolution No. 10469 (2013 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the lease purchase of a fire engine from Oshkosh Capital and approving the final form of financing documents and official actions.” PUBLIC HEARING ITEMS PH1. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT – RESOLUTION Tourism Manager Cano reviewed the contents of the Administrative Report and responded to Council inquiries. Vice Mayor Smith opened and closed the Public Hearing, there being no one desiring to speak to this issue. City Clerk Mejia announced that two written protests to the Tourism Business Improvement District were received and based on the total percentage needed; this does not amount to a legally sufficient protest. C2 - 6 City Council Meeting Minutes – November 5, 2013 Page 7 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 4-0, to adopt Resolution No. 10470 (2013 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District, and affirming the establishment of the District.” PH2. 2013 BICYCLE TRANSPORTATION PLAN (GPI/ER 71-13) – RESOLUTION Public Works Director Grigsby, Principal Transportation Planner Mandeville, Transportation Assistant Rice, and Transportation Program Assistant Christian, narrated a PowerPoint presentation entitled “Bicycle Transportation Plan” and responded to Council inquiries. A hard copy of the PowerPoint presentation is on file with the City Clerk’s Office. Vice Mayor Smith opened the Public Hearing. Donald Hedrick, San Luis Obispo, opined that the bicycle lane on Sacramento Drive should be located on the opposite side of the street, noting that it impacts parking for the businesses along the route. Charlene Rosalas, representing the Chamber of Commerence, voiced support for the Bicycle Transportation Plan, noting that the plan aligns with the Chamber’s Economic Development Plan and improves the quality of life for residents. Dan Revior, Director of the San Luis Obispo County Bicycle Coalition, expressed gratitude to the City’s Bicycle Committee and staff for its work on the Bicycle Transportation Plan and urged Council approval. Lea Brooks, San Luis Obispo, commended Council and the community for its efforts to improve bicycle transportation. Ken Kenow, San Luis Obispo, urged Council to approve the subject plan and to allocate additional funds for bicycle transportation projects during the next budget cycle. Jim Wolfe, Chair of the Bicycly Advisory Committee, thanked Council for its support of improving the bicycle infrastructure improvements and urged approval of the plan. There being no others desiring to speak on this item, the Public Hearing was closed. C2 - 7 City Council Meeting Minutes – November 5, 2013 Page 8 Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to adopt Resolution No. 10471 (2013 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the 2013 Bicycle Transportation Plan and Negative Declaration of Environment Impact (GPI/ER 71-13)”, including verbiage modifications to: 1) Page 23 to indicate that the Public Works Director may make adjustments as long as it is consistent to with the intent of the plan; 2) Page 77, Section 4.7, to strike out “Measure Y” and only refer to “funding”; and 3) Page A - 123, Laguna Lake, to add “right-of-way” in reference to LOVR. BUSINESS ITEMS B1. APPOINTMENTS TO THE 2014 COUNCIL COMPENSATION COMMITTEE City Clerk Mejia reviewed the contents of the Administrative Report and responded to Council inquiries. Don Hedrick, San Luis Obispo, opined that he should have been included in the selection process for the Council Compensation Committee. City Clerk Mejia explained the voting process for selecting committee members, provided the Council with paper voting ballots, and tallyed and announced each Council Member’s vote. Following the selection process, MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0, to: 1) Appoint the following individuals to the Council Compensation Committee, effective immediately and sunsetting upon presentation of its recommendations to the City Council: Former Elected Official John Ewan Personnel Board Members Marcia Nelson Citizens at Large Gordon Mullin 4th Committee Member Ken Tasseff 5th Committee Member Amy Kardel Alternate 1 Karen Adler Alternate 2 Carol Sexton Alternate 3 Allen Settle 2) Direct the Council Compensation Committee to review the full Council compensation package and make recommendations to the City Council no later than May 6, 2014 and to review compensation for the Planning Commission and Architectural Review Commission in conjunction with its review of Council compensation. C2 - 8 City Council Meeting Minutes – November 5, 2013 Page 9 B2. APPROACH TO CONDUCTING A COMPENSATION STUDY Human Resources Director Irons reviewed the contents of the Administrative Report and responded to Council inquiries. Charlene Rosalas, representing the Chamber of Commerence, voiced support for conducting a compensation study in alignment with the Council’s compensation philosophy. Steve Barasch, San Luis Obispo, voiced concerns regarding the state of the economy and the sustainability of employee compensation packages; suggested incorporating median family income and per capita income into the study methodology. In response to Council discussion, Human Resources Director Irons spoke on the role of the employee’s committee as part of the compensation study; noted that the purpose of including employees as part of the study is to instill a sense of ownership and understanding of the results; pointed out the the consultant and the Human Resources Department will provide indepentent guidance as it pertains to the study. MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to support the approach to be used to conduct a compensation study in accordance with the Council adopted Compensation Philosophy as provided in the work program supporting the major city goal Sustain Essential Services, Infrastructure, and Fiscal Health. COUNCIL LIAISON REPORTS Liaison reports were received from Council Members Ashbaugh, Christianson, and Vice Mayor Smith. COUNCIL COMMUNICATIONS None. ADJOURNMENT There being no further business to come before the City Council, Vice Mayor Smith adjourned the meeting at 8:37 p.m. Anthony J. Mejia City Clerk APPROVED BY COUNCIL: xx/xx/13 C2 - 9 Page intentionally left blank. C2 - 10 FROM: Michael Codron, Assistant City Administrative Officer Prepared By: Molly Cano, Tourism Manager SUBJECT: REQUEST FOR PROPOSAL FOR MARKETING SERVICES FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT. RECOMMENDATION As recommended by the Tourism Business Improvement District (TBID) Board, release Request for Proposal (RFP) Specification No. 91275 for tourism marketing services. DISCUSSION Background In June 2008 Council adopted Ordinance 1517 establishing a tourism business improvement district (TBID) as requested by the local lodging industry. The assessment became effective on October 1, 2008 and the use of funds was defined in Section 12.42.030 as follow: “This ordinance is made and enacted pursuant to the provisions of the Parking and Business Improvement Area Law of 1989 (Sections 36500 et. seq., of the California Streets and Highways Code). The purpose of forming the district as a business improvement area under the Parking and Business Improvement Area Law of 1989 is to provide revenue to defray the costs of services, activities and programs promoting tourism which will benefit the operators of hotels in the district through the promotion of scenic, recreational, cultural and other attractions in the district as a tourist destination.” Subsequently in March 2009 the City Council, as recommended by the Tourism Business Improvement District Board, awarded the TBID Marketing Services contract to Level Studios, now Rosetta. The initial contract allowed for the inaugural contract term from March 2009-June 2010 with two additional two-year extensions at the Board’s recommendation through June 2014. In July 2014, the current contract extension will be exhausted. RFP Discussion At the September 11, 2013 meeting, the TBID Board began the discussion about the RFP process. The Board discussed the importance of the all commissioners’ input in the review and selection of the contractors however, the Board agreed to create a taskforce to develop the RFP document taking into consideration the new Strategic Plan document approved by the TBID Board. (Attachment 1- September 2013 Board Minutes) During the November meeting, the TBID Board reviewed the RFP in-depth as presented by the taskforce. The RFP requests for the development of a guiding marketing plan taking into account Meeting Date Item Number 12/10/13 C3 - 1 the current foundation created since 2008-09 as well as the execution of that plan. (Attachment 2- November 2013 Board Minutes) The Board subsequently approved the attached RFP document, requesting companies to submit proposals with a two-phase approach. The proposals sought should therefore provide the following components: 1. Establishment of a City of San Luis Obispo Tourism Marketing Plan 2. Execution of the Marketing Plan The initial contract term would commence in July 2014- June 2016 with the opportunity for two additional two-year contract extensions based on the recommendation of the TBID Board. FISCAL IMPACT Since the inception of the TBID, the marketing services contract has accounted for 50% or more the overall TBID program budget. In FY 2014-15 the contract is budgeted for $650,000 which is 55% of the projected TBID budget for that year. Based on the 2013-15 Financial Plan, the TBID budget is projected at $1,181,100 resulting in $531,100 for all other TBID investments during the 2014-15 fiscal year. In FY 2015-16 the contract is budgeted for $700,000 which is 56% of the projected budget for that year. Based on the 2013-18 Five-Year Fiscal Forecast, the TBID budget is projected at $1,245,000 or 20% of the projected TOT. ALTERNATIVES Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to issue this RFP for marketing services. Staff does not recommend this option as the existing marketing contract will expire on June 30, 2013 without the ability to extend the term. ATTACHMENTS 1. TBID Board Minutes (September 11, 2013) 2. Draft TBID Board Minutes (November 13, 2013) 3. Request for Proposal – Specification No. 91275 ..\RFP for contracted Marketing Services for TBID (Codron-Cano) C3 - 2 Tourism Business Improvement District Meeting Minutes Wednesday, September 11, 2013 10 am Hampton Inn CALL TO ORDER: Chair Clint Pearce PRESENT: Wilkins, Patel, Hutton, Walker, Patranella STAFF PRESENT: Molly Cano, Tourism Manager Chair Pearce: Call to Order at 10:03 am PUBLIC COMMENT Ermina Karim of the San Luis Obispo Chamber of Commerce introduced Lynne Biddinger to the committee. Lynne will be an interim team member at the Chamber through the end of the year working on the tourism programs, contracts with the City for promotions, and other specific projects. OATH OF OFFICE Commissioner Patranella was sworn in to serve on the TBID Board. CONSENT AGENDA ACTION: Moved by Hutton/Patel to approve the consent agenda. Motion carried 6:0 BUSINESS ITEMS 1. QUARTERLY REPORT BY CONTRACTOR Ryan Allshouse and Freya Wilkerson representatives from Rosetta presented the quarterly report on the ShareSLO program. Allshouse presented an overview of where the campaign has been since the creation including phase one: Build Awareness with the development and launch of the campaign, phase two: Be Everywhere to maintain a presence on multiple social channels and attended events, and phase three: Grow the Community to inspire and advocate to carry on sharing content. Some of the results achieved include a thriving social community, over 3 million impressions, strong connections with local businesses, events, and tourism organizations, and an active network of local passionate leaders (aka Street Team). After a very brief update on the role of the Ambassador, C3 - 3 Allshouse shared how the remaining program funds would be reallocated focusing on management, advertising, and street team allocations. Wilkerson then presented information on the Street Team participants including testimonials from the street team members. Allshouse then unveiled the new ShareSLO.com look and functionality. 2. TBID ANNUAL REPORT The Board reviewed the FY 2012-13 TBID annual report for recommendation to City Council on October 1, 2013. Pending the approval of the report by the City Council, the annual public hearing for the TBID will be scheduled for the November 5, 2013 City Council meeting. Commissioner Patel will present the report to the City Council with Molly Cano on October 1, 2013. The committee provided feedback on the report. Overall they were very enthusiastic about the information and the way it was presented. The committee asked staff to add the mention of increased length of stay for the goals section and to add a section about Visit San Luis Obispo County under partnerships. ACTION: Moved by Patel/Hutton to accept the 2012-13 TBID Annual Report for submission to City Council with the requested additions. Motion carried 6:0 3. EVENTS PROMOTION SUBCOMMITTEE The committee reviewed the draft event funding RFP that will be implemented in FY 2014-15. The RFP will be an annual process with the PCC however the TBID will accept applications throughout the year if funds are available for consideration. The committee commended the hard work of the subcommittee on creating the document. ACTION: Moved by Walker/Wilkins to accept the Events Promotion application as presented for use by the TBID. Motion carried 6:0 4. MARKETING CONTRACT RFP DISCUSSION The Board began the discussion of RFP process for the Marketing Services contract with the TBID and considered the formation of a taskforce to facilitate the process. Staff presented the expected timeline for the Board to follow in order to meet the deadlines of the RFP process. The Board discussed the importance of the all commissioners’ input in the review and selection of the contractors. The Board agreed to create a taskforce to develop the RFP document as the first phase but would like to revisit the next phase for the consideration of the full board. ACTION: Moved by Patel/Hutton to form a taskforce for the creation of the RFP document for the Board’s consideration. Motion carried 6:0 The following members formed the taskforce: Commissioners Patel, Hutton, Wilkins and constituent Michael Adams. 5. STRATEGIC PLANNING UPDATE The Board received a presentation from the taskforce on the draft strategic plan document from the retreat and taskforce work sessions. Chair Pearce presented the overview of the document including the mission and visions for the TBID. He then presented the strategic imperatives and the C3 - 4 measurable to rate success for those goals. The Board shared that they were excited to see the report and the associated measurements. Public Comment: Ermina Karim from the SLO Chamber commended the Board on the inclusive work that was done to create the document and setting the course for the next few years. Mark Landon from the Nature Corps thanked the Board for including the partners in the process and expressed how impressive the draft plan looked overall. The final report will be presented for adoption at the October 9, 2013 TBID Board Meeting. Board and constituents are encouraged to thoroughly review the report in preparation for the meeting. COMMITTEE COMMUNICATION HOTELIER UPDATE No new hotel news to be discussed. The Board was encouraged to revisit their liaison list and make an effort to share the strategic plan document with their assigned properties. PCC UPDATE Molly Cano informed the TBID on the results of the PCC’s contract with Pierre Rademaker Design for the development of a Citywide Style Guide and Brand Standards Manual. Cano shared that after the recommendation for adoption by the PCC, Council reviewed it and accepted the direction as well. TOURISM PROGRAM UPDATE Molly Cano presented the Tourism Program update: Cano introduced Lee Johnson, the City’s new Economic Development Manager. Cano provided an update on SAVOR planning: Continuing the booth design and other components of our event integration. SAVOR Run packages – last day to register online is tomorrow 9/12 SAVOR sweepstakes – 160 entries Our SAVOR weekend getaway includes: - 3 night stay at your choice of one of our 39 destination hotels - two tickets to Sunset at Hearst Castle on Thursday - two 2-day M ain Event tickets for the festivities at Santa Margarita Ranch on Saturday and Sunday - two entries for the run event of your choice at the inaugural SAVOR Run on Sunday Cano is seeking volunteers for the booth by the end of the week Cano is preparing for the Visit California media event, September 24 in LA. The following day, Cano will be participating in the inaugural Visit California PR Summit. Staff provided an update on the Jazz Festival to the Board. Due to permitting issues, the dates have been moved to May 2014. Meeting adjourned at 11:48 am C3 - 5 Tourism Business Improvement District Meeting Minutes Wednesday, November 13, 2013 10 am City Hall - Council Hearing Room CALL TO ORDER: Board Chair Clint Pearce PRESENT: Pearce, Wilkins, Patel, Patranella STAFF PRESENT: Molly Cano, Tourism Manager Call to Order at 10:02 am PUBLIC COMMENT None. CONSENT AGENDA ACTION: Moved by Patel/Wilkins to approve the consent agenda. Motion carried 4:0 PRESENTATIONS 1. VISIT SAN LUIS OBISPO COUNTY QUARTERLY REPORT Stacie Jacob, Executive Director of Visit San Luis Obispo County presented the quarterly contractor report for July-September activities. The report featured Sunset SAVOR the Central Coast event recap. BUSINESS ITEMS 1. MARKETING SERVICES RFP REVIEW The taskforce members and staff presented the final draft of the Marketing Services RFP for the Board’s consideration for recommendation to City Council. The Board discussed adding the tradeshow function into the description of works section. The Board also discussed the importance of having the marketing contractor present short marketing activity updates at every meeting. Public Comment: Doug Klein asked the Board how PR was addressed in the RFP. The Board referenced the PR section of the description of work. DRAFT C3 - 6 Tourism Board Improvement District Minutes Page 2 ACTION: Moved by Patel /Wilkins to approve the Marketing Services RFP for recommendation to Council with the inclusion of the tradeshow show function in the description of work section. Motion carried 4:0 The Board also considered the advertising needs for the RFP. Traditional placement includes advertising mention in the Tribune. The taskforce also recommended advertising in the Pacific Coast Business Times as well. Staff presented rough advertising costs for the publication at about $300- $350 per publication. Staff also informed the Board that they do have funds earmarked for projects that would include RFP advertising within the budget. ACTION: Moved by Patel /Patranella to approve funds not to exceed $700 for advertising the RFP in both the Tribune and Pacific Coast Business Times. Motion carried 4:0 2. LOCAL TOUR PARTNERSHIP PRESENTATION The Board received a proposal from Kenny Gazin and his business partner David Cummings regarding the development of local tour offerings and the opportunity to partner on the promotion of those tours. Gazin informed the Board that he was looking to create a San Luis Obispo experience that would share the areas unique offerings with visitors. The initial tour packages would be focused on “lay of the land” offerings for visitors to become familiar with the area. The tours would be scheduled for bookings and would offer a shorter or longer tour experience with varying price structure. Gazin also shared that he has invested in a vehicle for the tours that would need artwork to “wrap it”. He would also partner with SLO Safe ride to provided additional transportation as needed. Gazin did request that the Board consider an exclusive partnership with his company. He also expressed that he would be seeking support from the TBID through existing marketing and promotions, access to communicate collectively with the hotels, and then on going marketing support from the TBID. Clint Pearce informed the Board that due to a conflict of interest, he would recuse himself from voting on this partnership. The Board expressed the overall interest for an offering like this however; they also expressed concern over the ability to partner exclusively with a particular tour company. The Board also had additional questions on the details of the tour logistics including the more specific routes, logistics, booking, and more information on the on what’s requested for official partnership and marketing requests of the TBID. Public Comment: Michael Adams also suggested that they work directly with the hotels to offer the tours. Doug Klein mentioned that a program like this would provide a great extension to the TBID’s website. The Board requested that Mr. Gazin further develop the program with specifics and a follow up presentation be placed on the agenda in December. 3. TRADESHOW DELEGATION The Board discussed the selection of the delegates representing the TBID at the upcoming tradeshows. Staff presented the show dates and destinations: 1/25-26/14 in Santa Clara; 2/8-9/14 in Long Beach; and 3/29-30/14 in San Diego. One partner is needed per show in addition to staff because Rosetta will be sending 2 representatives. Historically, the Board has opened up C3 - 7 Tourism Board Improvement District Minutes Page 3 participation to constituents. Staff would distribute an email with the opportunity, constituents would have a deadline to respond with interest, and the representation would be randomly drawn at the following monthly Board meeting. The Board discussed having Board members fill the open positions or offering the opportunity to constituents. After discussion, the Board recommended that one slot could be filled by a Board member for a show and the remaining 2 shows would be open for constituent interest. If there was a lack of interest from constituents then Board members could fill the remaining slots. The Board noted that constituent participation in the representation at the tradeshow would be for the destination as a whole and all TBID properties, and not for the purpose of promoting individual properties. ACTION: Moved by Patel /Wilkins to open up participation to constituents for the San Diego and Long Beach show and have Rachel Patranella participate in the Santa Clara show. Motion carried 4:0 COMMITTEE COMMUNICATION HOTELIER UPDATE Clint Pearce reported that he had a constituent meeting with Petit Soleil. Molly Cano report on a constituent lunch with the management team at Embassy Suites. PCC UPDATE Clint Pearce reviewed the PCC minutes from the October 9 meeting. TOURISM PROGRAM UPDATE Molly Cano presented the Tourism Program update. Public Hearing update: - Public hearing on 11/5 - Received 2 written protests and no oral protests - Council action: adopted the resolution for the district Council Meeting: Short-term rentals - to temporarily suspend enforcement of Municipal Code §17.22.010(G) related to the prohibition of vacation rentals, pending adoption of an ordinance which provides for residential homestays. - direct staff to return to Council with a draft ordinance, which provides for owner occupied residential homestays, as soon as practicable; and 2) to address financing for associated staff costs during the mid-year budget review. - The other item that staff will be reviewing in the interim is the collection of TOT and TBID based on how homestays fit within assessment district Strategic Plan update: - Taskforce will reconvene within the next few weeks to begin strategy to approach the implementation of the strategic imperatives VSLOC Sustainable Funding Taskforce: - During the October 16 Board Meeting, they presented the funding landscape tourism promotion in SLO County in comparison to the funding in the comp set- includes VSLOC as well as the county BID collections overall - They presented to opportunity to explore a new TID/BID to collect new dollars for the purpose of Countywide marketing – above and beyond the jurisdiction specific BIDs C3 - 8 Tourism Board Improvement District Minutes Page 4 - At that time the Board formed a taskforce made up of lodging reps from across SLO County and destination/tourism managers to look at a sustainable - The taskforce has begun meeting to initiate the process and exploration of a new distract and all that it would entail including the marketing plan of how the dollars would be spent - There are still a lot of reach and education to be done. The TBID will be involved in that process- both Clint and I are participants on the taskforce. - First step in the education process is a meeting on November 25 (Monday) from 2-4 pm at the Courtyard by Marriot with VSLOC and Civitas (John Lambeth) - All owners, managers, Board members, council members, etc are invited to attend - Any questions, comments- please feel free to contact either Clint or Cano CCTC/VSLOC Partnership: Australia Sunrise TV - the top-rated morning show in Australia ready to come to America to cover The Original Road Trip - 4-5 part series of 3-4 minute shows on Sunrise (the top-rated morning show in Australia with a segment audience of 300,000). - VSLOC participated in the pay-to-play opportunity with CCTC - 10/29-30 came to SLO County: came through SLO to shoot b-roll on 10/30 ROPT: - Took place last weekend, the street team was in full effect, preshow promotion on Friday, and attendance on Saturday, great social coverage SLO Marathon planning: - Planning underway - Out of area promotion has already begun - Registration signup are off to a great start- especially team sign ups Visit CA Outlook - February 5-6 in Pasadena - Budget: $1500 total, buts split with PCC so it’s about $750 for TBID Meeting adjourned at 11:47 am C3 - 9 Notice Requesting Proposals for MARKETING SERVICES for the City of San Luis Obispo Tourism Business Improvement District Administration Specification No. 91275 The City of San Luis Obispo is requesting proposals for marketing services for tourism promotion for 2014-16 fiscal years, pursuant to Specification No. 91275. All proposals must be received by the Finance and IT Department by 3:00 p.m., Friday, January 31, 2014 when they will be opened publicly in the City Hall Council Hearing Room, Room 9, 990 Palm Street, San Luis Obispo, CA. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance & IT Department, 990 Palm Street, San Luis Obispo, CA 93401, in a sealed envelope plainly marked with the proposal title, specification number, proposer’s name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. A pre-proposal conference will be held via conference call on Thursday, January 8, 2014 at 11:00 a.m. to answer any questions that the prospective proposers may have regarding the City’s request for proposal. If you are interested in participating in the conference call, please contact Molly Cano at mcano@slocity.org for the call information. Proposal packages may be obtained on the City’s website at www.slocity.org under Bids & Proposals. Additional information may be obtained by contacting Molly Cano, Tourism Manager, at (805) 781-7165. C3 - 10 TABLE OF CONTENTS A. Description of Work 3 B. General Terms and Conditions 6 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 10 Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Contract Term Contract Invoices Submittal of References Statement of Contract Disqualifications Ownership of Materials Release of Reports and Information Copies of Reports and Information D. Agreement 12 E. Insurance Requirements 14 F. Proposal Submittal Forms 15 References Statement of Disqualifications Proposal Submittal Form C3 - 11 DESCRIPTION OF WORK In October 2008, the San Luis Obispo City Council established a Tourism Business Improvement District (TBID) and appointed an advisory board staffed by hoteliers to make recommendations to Council regarding the use of the assessment funds. The board’s primary focus is to promote San Luis Obispo as a visitor destination to enhance the economic well being of the lodging industry. The primary purpose of the marketing efforts is to encourage overnight travel to and stays in San Luis Obispo from other parts of California. Over the past 5 years since its inception, the TBID as an organization has been successful in developing the San Luis Obispo brand and growing overnight stays. The board is requesting proposals from marketing firms/ agencies to conduct the organization’s overall marketing and branding efforts. Responding firms should have experience in marketing travel destinations and/or lifestyle brands. The contracted agency will be responsible for creating, managing, and executing a comprehensive annual plan to support the TBID’s branding, marketing, advertising, and digital initiatives. For the purposes of this proposal, the budget for the development of a Marketing Plan and its execution in fiscal years 2014-16, is considered to be up to $650,000 in fiscal year 2014-15 and up to $700,000 in fiscal year for 2015-16. However, the City and the TBID Board are seeking proposals for a marketing plan and reserve the option to contract for the actual execution of the plan with a separate entity. The proposal should therefore be structured into two phases and/or components: 1. Establishment of Marketing Plan 2. Execution of Marketing Plan In order to allow for varied agency models to participate in this RFP process, there are a few options to approach the RFP response including: • An individual agency may provide a response for the entire scope of services. • One agency may provide a response for the scope of the services achieved through contracting work from alternate agencies. These proposals will need to identify the contracting agencies and the work product they will produce. • Multiple agencies may collaborate to present a single proposal that includes the full scope of work. These proposals will need to demonstrate previous projects that have required similar collaboration and a clear definition of how communication will maximize the partnership of these companies. A. Description of Work 1. Establish a comprehensive Marketing Plan, taking into full consideration the TBID’ s recently published five-year strategic clarity summary (available online). The Marketing Plan should include but be not limited to the following program components: • Target Audience & Approach: Define the target audience in accordance with the strategic clarity summary and establish the approach to successfully inspire travel to San Luis Obispo. • Overall Brand Management: Discuss the approach to management and further C3 - 12 development of the TBID brand platform including Sincerely, California and ShareSLO. ShareSLO.com brand management would also include the program management and evolution of the Street Team and other ShareSLO components. This area would also include representation, coordination, and general support for consumer and industry tradeshows, conferences, and events. • Digital Assets including the management, oversight, hosting, content development/management, and enhancements to SanLuisObispoVacations.com and ShareSLO.com. The program should include an overall social media strategy including community blog portal of ShareSLO.com, as well as the approach and promotion of the monthly targeted e-Newsletters. Note: The current technical architecture for SanLuisObispoVacations.com and ShareSLO.com is WordPress and the e-Newsletter is distributed through Campaign Monitor. Hosting of these sites would be the responsibility of the agency. • Media/Advertising Planning & Purchasing: In support of the target markets, the marketing plan should contain a comprehensive media and advertising plan. This plan should include: online, print, broadcast, social, and co-operative opportunities. The strategy should also include: Event Marketing (for City sponsored event partnerships), integration of strategic partnerships in marketing plan, Email Marketing, media plan/buys/research/optimization, analytics and reporting, SEM/SEO, and content development. • Public Relations/Communication Coordination: Public Relations management plan is not currently required for this proposal; however the proposer is encouraged to provide a provision for services and description of approach. Note: While, Public Relations is not currently included in this plan due to the contract partnership though the City with the SLO Chamber of Commerce, the proposer must be willing to cooperatively work with the said contractor to coordinate the media commutations with the overall marketing plan, as needed. • Industry/Event Partnerships: Define the approach to leverage the TBID relationships and investments with strategic industry partners (ex. Visit California), local business and organization (ex. local restaurants) and local special events (ex. SAVOR the Central Coast) in connection with the strategic clarity summary. 2. Implement the strategies as outlined in the Marketing Plan by utilizing the full marketing mix as it pertains to tourism related marketing. Planning, developing and implementing promotional tools on the City and TBID’s behalf that meet the criteria of reaching the defined target audience considering traditional and new media opportunities. All campaigns are subject to TBID Board review and approval prior to implementation. 3. Explore cooperative marketing opportunities with strategic partners the Visit San Luis Obispo County, SLO Wine Association, Chamber of Commerce, Cal Poly, the Downtown Association, the Arts Community, etc. 4. Establish and maintain an effective working relationship with the TBID Board and Tourism Manager. Scheduled meetings will normally be on a weekly basis with the Tourism Manager and monthly basis with the TBID Board. Contractor should provide input, refine, and adjust marketing objectives and strategies as recommended by the TBID Board and adopted by Council. C3 - 13 5. Provide budget management. Pay invoices and account for all such activity conducted on the City and TBID’s behalf in monthly billing materials. 6. Provide account services such as, but not limited to, marketing concept, design and production, media buys and placement, account budget and additional services as needed. Provide status reports on the account budget including standing to date monthly reports. The agency should indicate whether they intend to collect a flat fee or accept a commission. If contracted with a flat fee, agencies are required to dedicate the commission amount to the purchase of additional advertising. 8. Provide the TBID Board with timely, written reports, one week prior to the regular monthly meeting, which is held the second Wednesday of each month at 10 am, on the status of all aspects of the marketing campaign. Personally present a monthly report on past activities and continuation of plan. The reports should encompass: - Summary of all marketing activities in the reporting period. - Summary of advertising placed during the reporting period. - Summary of direct consumer marketing placed during the reporting period. - Summary of results and responses to materials during the reporting period. - Examples of materials distributed during the reporting period including proof of advertising. - Summary of strategic alliances supported during the reporting period. - Website statistics and interpretation. - ShareSLO program activities within the reporting period. 9. Planning and commissioning any research activity that the TBID Board and City Council may require, including suggestions for and methods of continuing evaluation of the effectiveness of the commissioned marketing campaign. 10. Coordinating activities of the marketing campaign with the TBID Board and establish effective working relationships with its members and assigned staff to achieve coordinated and efficient use of all available resources thus avoiding duplication of efforts with other city promotional efforts. 11. Provide advertising "fulfillment" services in response to requests for material arising out of the TBID’s marketing program. EACH PROPOSAL PACKAGE MUST INCLUDE THE FOLLOWING STATEMENTS AND INFORMATION TO BE CONSIDERED FOR SELECTION: 1. Statement of the proposed workscope. The workscope should: • Cover both fiscal years. • Show cost for each individual component of the proposal. • Outline implementation of proposed marketing strategies. C3 - 14 • State the general approach (philosophy) toward marketing the City and its lodging industry as a leisure, corporate, and group travel destination. • State the general strategies for achieving the above approach. • Include a budget for a comprehensive marketing campaign and a fee schedule for services to be provided. • Identify the agency program manager and key personnel responsible for the campaign, such as copy and design/production personnel, and any subcontractors. 2. Resume of professional experience and samples of previous work (presentation of portfolio, including work for existing clients and evidence of strategic thinking and problem solving ability will be requested of those proposers who are selected for interviews). These materials will become the property of the City of San Luis Obispo. 3. A list of three professional references, including names and telephone numbers of current clients. C3 - 15 B. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope which shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Proposal Withdrawal and Opening. A proposer may withdraw the proposal, without prejudice, prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 4. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested. 5. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 6. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of the specifications for proposal evaluation and contract award criteria. 7. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. C3 - 16 8. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 9. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverage, and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 10. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate prior to execution of the contract. Additional information regarding the City's business license & tax program can be obtained by calling (805)781-7134. CONTRACT PERFORMANCE 11. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 12. Laws to be observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during performance of the work. 13. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 14. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 15. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 16. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 17. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. C3 - 17 18. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 19. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 20. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 21. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 22. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 23. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing invoices to City as a condition precedent to any payment to Contractor. 24. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 25. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect C3 - 18 and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 26. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 27. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform; which notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. C3 - 19 D. SPECIAL TERMS AND CONDITIONS 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal Submittal Form. b. References from at least three firms for whom you have provided similar services. c. Statement of Contract Disqualifications. General Information d. Description of your approach to completing the work. e. Experience of your firm in performing similar services. f. Warranties or guarantees that you would provide to the City regarding your performance in completing the work. g. Resumes of the individuals that would be assigned to this project. h. Hourly billing rates for staff to be assigned to this project, if appropriate. i. Proposed compensation and payment schedule. j. Any other information that would assist us in making this contract award decision. Proposal Length and Copies k. Proposals should not exceed 40 pages, including attachments and supplemental materials. l. 10 (ten) copies of the proposal must be submitted. 2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City and the TBID Board. b. Quality and nature of proposed programs to be implemented for marketing services. (Innovative concepts and alternative approaches are desirable.) c. Proposer’s experience in marketing services, which may include services to tourism agencies. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. References. g. Background and related experience of the specific individuals to be assigned to this project. h. Proposed compensation. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City and the TBID. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. C3 - 20 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: Issue RFP 12/16/13 Pre-proposal conference 1/9 Receive proposals 1/31 Complete proposal evaluation 2/3-14 Conduct finalist interviews 2/24-3/7 TBID Contract Recommendation 3/12 City Council Award contract 5/6 Execute contract 5/30 4. Contract Term. The services identified in these specifications will be used by the City between July 1, 2014 and June 30, 2016. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. Upon the mutual agreement of both parties, the contract may be extended for up to an additional two, two-year terms. 5. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, with attached copies of work order forms and/or detail invoices. Invoices have to be accompanied by proof of copy for all print advertising. 6. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 7. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 8. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 9. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 10. Copies of Reports and Information. If th e City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. C3 - 21 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [ ], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on December 16, 2013 City requested proposals for Marketing services for the City of San Luis Obispo lodging industry per Specification No. 91275; WHEREAS, pursuant to said request, Contractor submitted a proposal which was accepted by City for said services; NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered, as first written above, until June 30, 2016. By mutual agreement of both parties, the term of this Agreement may be extended twice for an additional two years. 2. INCORPORATION BY REFERENCE. City Specification No. 91275 and Contractor's proposal dated [ ], are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed [$650,000 for 2014-15 and [$700,000] for 2015-16. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as described in Exhibit A attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated C3 - 22 herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor [ ] [ ] [ ] [ ] 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Clerk Jan Howell Marx, Mayor APPROVED AS TO FORM: CONTRACTOR By: City Attorney C3 - 23 INSURANCE REQUIREMENTS: Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. C3 - 24 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm which demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome C3 - 25 STATEMENT OF PROPOSER'S PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. 1. Do you have any disqualification as described in the above paragraph to declare? Yes No 2. If yes, explain the circumstances. Executed on at I declare, under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. _________________________________________ Signature of Authorized Proposer Representative C3 - 26 PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined Specification No. 91275, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description of Activity 2014-15 2015-16 TOTAL $ $  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date C3 - 27 Page intentionally left blank. C3 - 28 FROM: Shelly Stanwyck, Parks and Recreation Director Prepared By: James Bremer, Recreation Supervisor SUBJECT: BY RESOLUTION, APPROVE A LEASE AGREEMENT WITH THE SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR THE USE OF 1123 MILL STREET OFFICE SPACE. RECOMMENDATION By Resolution, approve a lease agreement between the City and the San Luis Obispo County Arts Council (SLO Arts Council), for a period of five years with a renewal option of an additional five years, in the initial annual amount of $1,551 annually for the use of City owned property located at 1123 Mill Street and authorize the Mayor to execute the agreement. DISCUSSION Background On December 13, 2011 the City entered into a lease agreement with SLO Arts Council for the use of office space at 1123 Mill Street in San Luis Obispo. The terms of that lease of the City’s 660 square foot of office space was at the rate of $1.96 a foot or $1,294 annually. This amount was determined from historic 2007 annual maintenance and utility costs (less janitorial services) on a prorated basis. The agreement also contained a one year renewal option. The lease was renewed for an additional year in 2012 and is set to expire on December 31, 2013. The tenant desires to continue to lease the premises and the arrangement has worked out for both the City and the community. General Plan and Economic Development Strategy This use of the office space by the SLO Arts Council is consistent with an office/medium density residential use and is compliant with the Zoned Public Facility use as determined by the Community Development department. A Public Facility designation is intended to provide for public uses and specifies that public uses are those conducted by governmental or nonprofit agencies. The proposed lease agreement with the SLO Arts Council is consistent with this zoning regulation. In 2012, the Council adopted an Economic Development Strategic Plan, which includes policies to promote and enhance the San Luis Obispo quality of life. Two of the top attributes that added to the quality of life and that attracted and kept people in San Luis Obispo were performing and visual arts and arts education groups. The City has approached development from a holistic perspective taking into account how much and what type of growth can be sustained both environmentally and economically. San Luis Obispo’s historic context, environmental setting, and cultural fabric all drive City policy including the General Plan and specific plans. Support of non-profit agencies, such as the SLO Arts Council is consistent with this strategy. Meeting Date Item Number Dec. 10, 2013 C4 - 1 SLO ARTS COUNCIL LEASE AGREEMENT Page 2 City Policy Regarding Leasing to Non Profits The City's Financial Management Manual, Section 475-C (Property Management and Disposal) provides guidance regarding the leasing of City-owned buildings and real properties as referenced on page 475-10: Leases of City-Owned Buildings and Real Property The following guidelines apply to leases of City-owned buildings to outside parties. Leases with Non-Profit Organizations 1. Requests for the long-term use of City property by non-profit organizations should generally follow the same review procedures as the sale or lease of City property by private for-profit entities. 2. The proposed use should be consistent with the goals and objectives of the City's General Plan and not conflict or preclude any existing or planned City use. 3. Any development or operations directly related to the proposed use should have a clear and measurable community benefit in alignment with City goals, policies, and plans. 4. Any lease agreements for the use of City property by non-profit organizations that charge a less than market rate for the City property should include a provision for community access and/or City use, or operate in close partnership in the delivery of City services. 5. Lessees will be responsible for all property related use taxes that may be assessed. Proposed Lease Agreement The proposed lease agreement with the SLO Arts Council is provided as attached (Attachment 3) and is consistent with the City’s guidelines for leases of City-owned buildings and real property. The annual rent is proposed at a slight increase of $2.35 per square foot or $1,551 annually which includes increased maintenance and reflects a prorated share of the annual maintenance and utility costs (excluding janitorial service, which will not be provided) for the Ludwick Community Center. Staff recommends an initial agreement term of five years expiring on December 31, 2018 (with an annual Consumer Price Index (CPI) evaluation of the base rent occurring each November). Additionally, staff recommends the agreement to have an option to renew for an additional five years upon mutual consent of both parties. In continuing with past practice, parking spaces will not be included with the lease amount as parking behind the Ludwick Community Center is used by other groups renting the facility and street parking is readily available for free in the area. FISCAL IMPACT The proposed annual lease rate of $1,551 in year one, as discussed above, is based on a prorated share of the annual costs to maintain the Ludwick Community Center less janitorial services. The lease annual fee (the prorated share for maintenance and utilities based on a cost of $2.35 per square foot) will be adjusted by the current CPI during the initial lease term. If an extension of an additional five years occurs the square footage costs that are prorated will be recalculated and adjusted to create a new “base” annual fee which would be then indexed annually. C4 - 2 SLO ARTS COUNCIL LEASE AGREEMENT Page 3 ALTERNATIVES 1. Rent the facility to the SLO Arts Council at the full market rate. The City Council could amend the proposed lease and approve a lease agreement at the full market rent presently estimated to be $18,612 per year to the SLO Arts Council. This alternative is not recommended as the building’s use continues to provide support to the community through public art enhancement. The City Council previously determined that the proposed use by the SLO Arts Council has a clear and measurable community benefit in alignment with City goals. 2. Rent the Facility to the SLO Arts Council at a predetermined value. The City Council could modify the proposed lease and approve a lease agreement with the SLO Art Council in the amount less than the staff recommended rate of $1,551 annually. This alternative is not recommended as the current proposal is already below market rate value. Additionally, the SLO Arts Council has committed this level of funding for the leasing of this space. 3. Request For Proposals to All Local Non-Profits. Over the years non-profits have expressed interest in leasing various City properties for reduced rents. The property at 1123 Mill Street is zoned Public Facility and therefore a public agency or quasi-public agency must be the tenant. However, Council could direct staff to issue a Request For Proposals to qualified non-profits and offer them an opportunity to propose an appropriate rental amount for the facility as well as modification to the zoning. ATTACHMENTS 1. Vicinity Map 2. Resolution 3. Lease Agreement, SLO Arts Council 4. Council Agenda Report, December 13, 2011 \\chstore4\team\council agenda reports\2013\2013-12-10\slo arts council lease agreement (stanwyck-bremer)\car resolution lease agreement between city and slo arts council.docx C4 - 3 Attachment 1 C4 - 4 R _____ RESOLUTION NO. _____ (2013 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE TERMS FOR THE LEASE OF 1123 MILL STREET WITH THE SAN LUIS OBISPO COUNTY ARTS COUNCIL AND AUTHORIZING THE MAYOR TO EXECUTE THE LEASE AND ALL NECESSARY SUPPORTING DOCUMENTS WHEREAS, the San Luis Obispo County Arts Council offers support to the City’s Public Art program and desires to lease the office space located at 1123 Mill Street; and WHEREAS, the City of San Luis Obispo owns the commercial property located at 1123 Mill Street (adjacent to the Ludwick Community Center); and WHEREAS, the City of San Luis Obispo has agreed to lease this space to the San Luis Obispo County Arts Council for a period of 5 years expiring December 31, 2018; and WHEREAS, the City has adopted policies on leasing City owned property as part of its Property Management Manual; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to: SECTION 1. The City Council hereby finds as follows: A. The San Luis Obispo Arts Council provides an important public service and significant public benefits to the community through its labor and investments to advance the visual, literary and performing arts through programs that promote public access to the arts, arts in educational settings, local arts planning and collaboration, and opportunities for artists and arts organizations. B. The San Luis Obispo Arts Council’s purpose and programs are consistent with and support City quality of life, cultural, civic, and economic development goals and objectives as set forth in the City’s General Plan and Economic Development Strategic Plan. SECTION 2. In consideration of the public benefits set forth herein, the City Council approves the five year lease agreement between the City of San Luis Obispo and San Luis Obispo County Arts Council and authorize the Mayor to execute the lease agreement and all necessary supporting documentation to effectuate the lease. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: C4 - 5 Resolution No. _____ (2013 Series) Page 2 The foregoing resolution was adopted this _____ day of December, 2013. ____________________________________ Mayor Jan Howell-Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney C4 - 6 San Luis Obispo County Arts Council Lease Agreement Page 1 FACILITY LEASE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR LEASE OF PROPERTY AT 1123 MILL STREET This agreement entered into this _____ day of December, 2013 is made by and between the City of San Luis Obispo ("City") and The San Luis Obispo County Arts Council (“SLO Arts Council), a non-profit California corporation. RECITALS WHEREAS, the City owns the premises commonly described as the Mill Street Office Space at the Ludwick Community Center, located at 1123 Mill Street in the City of San Luis Obispo, California ("1123 Mill Street Office Space"); and WHEREAS, the City wishes to provide to SLO Arts Council the occupancy and use of the 1123 Mill Street Office; and WHEREAS, 1123 Mill Street is designated as Office/Medium Density Residential in the City’s General Plan and is Zoned Public Facility (PF); and WHEREAS, City Property Management Manual 475-C provides guidance for the leasing of City-owned buildings and real properties and permits the Council to evaluate proposed uses consistent with City policy objectives on a case by case basis; and WHEREAS, City Property Management Manual guidelines provide that the proposed use should be consistent with the goals and objectives of the City's General Plan and not conflict or preclude any existing or planned City Use; and WHEREAS, at its December 10, 2013 meeting the City Council considered the request to renew the SLO Arts Council to lease space in the City facility, and determined that the SLO Arts Council's request should be approved, and because of the unique status and circumstances of the SLO Arts Council and because the City Council finds that the proposed use has a clear and measurable community benefit in alignment with City goals; and WHEREAS, the City Council authorized the City Manager to negotiate and execute a lease agreement with the SLO Arts Council, and Now, therefore, the parties agree as follows: LEASE PROVISIONS 1.Term of Agreement. The term of this agreement shall be for a period of five years. The agreement shall begin upon execution by both parties and shall expire on December 31, 2018. By mutual written consent of both parties, the term of this agreement may be extended for a period of up to five years. 2.Rent. For use of the approximately 660 square feet of office which is located exclusively on the ground floor of the Mill Street side of the building and which address is 1123 Mill Street Office ("the Premises"), Arts Obispo shall pay the City a rent of $1551.00 per year. The lease annual fee (the prorated share for maintenance and utilities based on a cost of $2.35 per square foot) will be adjusted by the current Consumer Price Index during the initial lease term. If an extension of an additional five years occurs the square footage costs that are Attachment 3 C4 - 7 San Luis Obispo County Arts Council Lease Agreement Page 2 prorated will be recalculated and adjusted to create a new “base” annual fee which would be then indexed annually. 3.Extent and Condition of the Premises. SLO Arts Council shall accept the Premises "as is". This agreement shall not obligate the City to guarantee the condition of the Premises, the suitability of the Premises for SLO Arts Council's intended use, the duration that the Premises may be safely occupied, or the availability of alternate facilities. Should any occurrence (such as fire, earthquake, flood, or the need to repair, improve, or use the Premises) necessitate closing the Premises or a portion of the Premises to the public, Arts Obispo shall have no recourse against the City for any loss incurred. 4.Cost of Operations. SLO Arts Council shall bear the entire cost of its operations on the Premises, including: A.Paying the cost of any maintenance for which SLO Arts Council is responsible; B.Paying any taxes and fees related to its occupancy of the Premises, including all possessory interest taxes which may be imposed. 5.Maintenance of the Premises. SLO Arts Council agrees to perform all "housekeeping tasks" as well as any routine repairs to the premises. Housekeeping tasks shall generally include routine emptying of wastebaskets, cleaning of windows and doors, removal and or reporting of graffiti, sweeping of sidewalks in front of the premises, vacuuming and spot cleaning of carpets, and cleaning of any window blinds. 6.Alterations to Building. SLO Arts Council agrees that it shall have no right to make alterations to the building during the term of its lease. 7.Fire Inspection. A fire inspection will be completed by the City's Fire Department annually, and more frequently if necessary. SLO Arts Council shall be responsible for complying with any corrective notice resulting from such inspections in its portion of the premises. 8.Relationship of Parties. Under this agreement, the City shall be solely and exclusively a lessor, and SLO Arts Council shall be solely and exclusively a lessee. SLO Arts Council shall not be considered a partner, agent, officer, or employee of the City. SLO Arts Council's officers, members, affiliates, volunteers, employees, and independent contractors shall not be considered agents, officers or employees of the City. 9.Use of Facilities by Outside Parties. In recognition of the below market lease rate, SLO Arts Council agrees: A.To use due diligence in encouraging other non-profit groups and organizations to utilize the facilities whenever not in use by SLO Arts Council. First consideration for use by others will be given to local non-profit groups. Use of the facility by other groups will be coordinated with the SLO Arts Council schedule. B. To prepare an annual report for the City that summarizes the facility's use statistics for the calendar year and provides an assessment of whether SLO Arts Council is allowing public use of the facility consistent with the terms of this agreement. This report shall be due to the City prior to December 31st of each year. 10.Operations Manager. SLO Arts Council will designate a full or part- time operations manager who will be responsible for meeting the terms of this agreement and assuring the fullest Attachment 3 C4 - 8 San Luis Obispo County Arts Council Lease Agreement Page 3 community use of the facility. 11.Assignment. SLO Arts Council shall not assign this agreement to another party without the City's prior written consent. 12.Waiver. Without affecting any other rights or remedies, Lessor and the Lessee each hereby release and relieve the other, and waive their entire right to recover damages against the other, for loss of or damage to its property arising out of or incident to the perils required to be insured against herein. The effect of such releases and waivers is not limited by the amount of insurance carried or required, or by any deductibles applicable hereto. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee, as the case may be, so long as the insurance is not invalidated thereby. 13.Hold Harmless and Indemnification. SLO Arts Council agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Lessee’s employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Lessee, and its agents, officers or employees, arising from or related to the use or occupation of the Premises under this Agreement, and all expenses of investigating and defending against same; provided, however, that the Lessee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. Without limitation, from and after the date of execution of this Agreement, the SLO Arts Council shall also indemnify and defend City, using counsel approved by City in its absolute discretion, from any and all third party challenges to this Agreement or any related entitlement or approval contemplated hereunder. 14.Insurance. SLO Arts Council shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the use or occupation of the Premises hereunder by SLO Arts Council, its agents, representatives, employees, or sub-contractors as defined in Exhibit 1. 15.Termination. If the City determines that SLO Arts Council is not faithfully abiding by any term or condition of this agreement, the City may send written notification giving SLO Arts Council a 15-calendar day notice to cure the deficiency. If SLO Arts Council has not cured the deficiency within the 15 days specified in the notice, that failure shall constitute a breach of the agreement, and the City may give written notice to terminate the agreement effective 30 calendar days from receipt of the notice. If the City determines that it needs to use the property at 1123 Mill Street for municipal government purposes, the City may give written notice to SLO Arts Council to terminate the agreement effective 30 calendar days from receipt of the notice. 16.Cooperation upon Termination or Expiration. In the event of termination or expiration, SLO Arts Council shall fully cooperate by relocating its operations before the termination or expiration date and by entering into this Agreement waives any claim or right to relocation assistance from the City. By midnight on the termination or expiration date SLO Arts Council shall remove from the Premises all property in its possession or custody and shall leave the Premises in a condition as good as when received, excepting normal wear and tear. Any property remaining on the Premises after the termination or expiration date shall be deemed abandoned and shall become the property of the City of San Luis Obispo. The Lessee has no right to retain possession of the Premises or any part thereof beyond the Attachment 3 C4 - 9 San Luis Obispo County Arts Council Lease Agreement Page 4 expiration or termination of this Lease. In the event that Lessee holds over, then the rent hereunder shall be increased to 150% of rent specified herein applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee. 17.Notices. All official notices required under this agreement shall be given in writing and submitted by certified mail, postage prepaid and addressed as follows: City:City Manager City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Lessee:San Luis Obispo County Arts Council Executive Director P.O. Box 1710 San Luis Obispo, CA 93406 18.Enforcement Costs and Attorney's Fees. The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement may recover from the other party its reasonable costs and attorney's fees in connection with such an action. 19.Entirety and Integrity of Agreement. This document represents the entire and integrated agreement between the City and SLO Arts Council. This document supersedes and negates all prior negotiations, representations, agreements, and amendments, either written or oral, regarding the Premises and the operation of a community performing arts theater on the Premises. This document may be amended only by written instrument executed by both the City and SLO Arts Council. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California and any action hereunder shall be venued in the San Luis Obispo Superior Court in the City of San Luis Obispo, California. This agreement is executed by the following authorized representatives: ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation __________________________ _____________________________ Anthony J. Mejia, City Clerk Jan Howell Marx, Mayor APPROVE AS TO FORM: SAN LUIS OBISPO ARTS COUNCIL _____________________________ _____________________________ J. Christine Dietrick, City Attorney Executive Director Attachment 3 C4 - 10 Page 5 Exhibit 1 Insurance Requirements 1.SLO Arts Council's personal property, fixtures, equipment, inventory and vehicles are not insured by the City against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. SLO Arts Council is to carry its own property insurance to protect it from any such loss. 2.In addition, SLO Arts Council will carry liability insurance in an amount of not less than $1,000,000.00. SLO Arts Council's liability insurance shall name the City and the City's agents as additional insured. 3.SLO Arts Council prior to occupancy of the premises shall provide a certificate of insurance establishing SLO Arts Council's compliance with this insurance requirement. The City shall maintain liability insurance insuring the City, but not the SLO Arts Council in an amount sufficient to cover the replacement of the premises. 4.SLO Arts Council is advised to carry business interruption insurance in an amount sufficient to cover its rental obligation to the City. 5.Both the City and SLO Arts Council's release each other and waive their respective rights to subrogation against each other, for loss or damage covered by insurance. Attachment 3 C4 - 11 councIl aq€nba R€PORt CITY OF SAN LUIS OBISPO FROM: Shelly Stanwyck, Parks and Recreation Director Meeting Oat" 12/13/] 1 SUBJECT: LEASE OF 1123 MILL STREET BY SAN LUIS OBISPO COUNTY ARTS COUNCIL RECOMMENDATION Give staff direction to finalize the negotiations of a lease agreement for 1123 Mill Street by San Luis Obispo County Arts Council in the amount of $1,294 for one year and authorize the City Manager to execute the finalized agreement subject to approval by the City Attorney and receipt by the tenant of a use permit. DISCUSSION Background As part of the City's 2011-13 Financial Plan, the Parks and Recreation Department proposed leasing a portion of the Ludwick Community Center (LCC), 660 square feet of office space referred to as 1123 Mill Street (Attachments 1), for lease as a revenue enhancement of approximately $11,000 per year. On November 28, 2011 the City received and distributed to Council the attached letter (Attachment 2) froin San Luis Obispo County Arts Council. San Luis Obispo County Arts Council is a Countywide Arts Council that supports the visual, literary, and performing arts community of San Luis Obispo County. The organization in the past has provided input and support to the City's Public Art Coordinator on public art projects. At this time, San Luis Obispo County Arts Council is asking to lease the portion of 1123 Mill Street presently offered for lease by the City for $1,294 per year. This amount reflects the prorata share of maintenance costs for the 660 square-foot office at the LCC. Direction by Mayor to Place Item on Agenda In accordance with Council Policies and Procedures the Mayor can direct staff to place items on future Agendas. On December 2, the Mayor directed staff to place an item on the December 13, 2011 agenda regarding a lease with San Luis Obispo County Arts Council for 1123 Mill Street for Council's consideration. City Policy Regarding Leasing to Non Profits The City's Property Management Manual, Section 475-C (Property Management and Disposal) provides guidance regarding the leasing of City-owned buildings and real properties. It states specifically at page 475-10: B3-1 C4 - 12 Approval of Lease of 1123 Mill Street LEASES OF CITY-OWNED BUILDINGS AND REAL PROPERTY The following guidelines apply to leases of City-owned buildings to outside parties. Leases with Non-Profit Organizations Page 2 I. Requestsfor the long-term use of City property by non-profit organizations should generally follow the same review procedures as the sale or lease of City property by private for-profit entities. 2. The proposed use should be consistent with the goals and objectives of the City's General Plan and not conflict or preclude any existing or planned City use. 3. Any development or operations directly related to the proposed use should have a clear and measurable community benefit in alignment with City goals, policies, and plans. 4. Any lease agreements for the use of City property by non-profit organizations that charge a less than market rate for the City property should include a provision for community access and/or City use, or operate in close partnership in the delivery of City services. 5. Lessees will be responsible for all property related use taxes that may be assessed Because the City "disposes" of property infrequently the most appropriate process will vary in each case depending on the circumstances. The guidelines in the Real Property Management manual state that they are "intended to provide the City with a framework for assessing the best approach on a case-by-case basis. It is not intended to limit the approaches available to the City: the overarching principle that should always apply is using an approach that will best accomplish the City's objectives given the circumstances at the time." There are five basic approaches that the City usually takes: request for proposals, broker services, exclusive negotiations, competitive sealed bids or auction (or a combination of these approaches), which are determined by the Council on a case-by-case basis depending on the circumstances. Ultimately the most appropriate course of action is a policy decision of the City Council. Proposed Lease Terms Should Council wish to enter into a lease with SLO Art Council, a draft Facility Lease for a term of one year with a one year option to extend is attached (Attachment 4). The amount of rent proposed is $1,294. That amount is reflective of the annual maintenance and utility costs (excluding janitorial services, which will not be provided) for this space under consideration at the LCe. Those costs are $29,812 per year or approximately $1.96 per square foot. The prorata share for 1123 Mill Street (660 square feet) would be $1,294 per year. San Luis Obispo County Arts Council would be responsible for all janitorial services in the leased premises. Parking was not included in the rent amount sought as the parking behind the LCC is often used by large groups renting the LCC and street parking is readily available for free in the area. An equivalent parking spot in a long term metered space or lesser used parking structure would cost approximately $480 to $720 a year. Upon receipt by San Luis Obispo Arts Council of a use permit B3-2 C4 - 13 Approval of Lease of 1123 Mill Street Page 3 and approval by the City Attorney of the proposed agreement, the City Manager (if authorized by Council tonight) would execute the final facility lease agreement. General Plan Consistency Determination & Administrative Use Permit The property is designated Office/Medium Density Residential in the General Plan and is Zoned Public Facility (PF). The property has a split land use designation, with the frontage facing Santa Rosa Street designated Office. Community Development staff has made a preliminary determination that the proposed use is consistent with the intent of General Plan policies. Attachment 5 includes relevant General Plan policies for the General Plan designation of Office. Public Facility (PF) Zone The property at 1123 Mill Street is zoned PF. Community Development staff have reviewed San Luis Obispo County Arts Council's correspondence and have preliminarily concluded that it qualifies as a government office, and is therefore a conditionally allowed use in the PF zone. In making the determination, staff reviewed the State designation of San Luis Obispo County Arts Council as the Local Arts Planning Agency and its partnership with the County per Board of Supervisor's resolution. Typically, non-profit general offices are not allowed in the PF zone unless they qualifY as a "Government Office" and perform quasi-governmental services. Government offices are the only type of offices allowed in the PF zone, subject to prior approval of an Administrative Use Permit. If the City Council authorizes negotiation and execution of a lease for 1123 Mill Street, it would be subject to the condition that the San Luis Obispo County Arts Council obtains the requisite use permit. If a use permit application is approved through the City's normal review processes, the lease with the Arts Council can be executed allowing the Arts Council to occupy the space. San Luis Obispo County Arts Council as a Government Office The designation of San Luis Obispo County Arts Council as a "government office" is unique, but based on legislative acts and designations by state and county bodies. The San Luis Obispo County Arts Council has been designated by the County Board of Supervisors and the State of California as the Local Arts Planning Agencyl under the State-Local Partnership Program2 designed to encourage local cultural planning (see Attachment 3). It is this unique and officially designated collaboration with the County and State Legislature that qualifies the Arts Council as a government office. The purpose statement of the PF zone reads, that the "P F zone is intended to provide for public uses and that public uses are those conducted by governmental or nonprofit agencies3 ." Non-profits that receive State or local funding only would not qualifY under this determination unless they carry out quasi-governmental functions. Staff does not believe this 1 A local arts agency is a nonprofit organization, or agency of city or county government, officially designated to provide financial support, services, andlor other programs to a variety of arts organizations., 2 The State-Local Partnership Program fosters cultural development on the local level through a partnership between the California Arts Council and the designated local arts agency' of each county. This partnership includes funding, cooperative activities, infonnation exchange, and leadership enabling individuals, organizations, and communities to create, present, and preserve the arts of all cultures to enrich the quality of life for all Californians. 3 17.36.010 Purpose and application. B3-3 C4 - 14 Approval of Lease of 1123 Mill Street Page 4 determination sets a precedent because of the circumstances unique to the San Luis Obispo County Arts Council. FISCAL IMPACT The approximately 660 square feet of office at 1123 Mill Street was proposed as a revenue enhancement and "budget balancer" in the 2011-13 Financial Plan by the Parks and Recreation Department. Revenues were projected at $11,000 per year from 1123 Mill Street in each year of the 2011-13 Financial Plan. The fiscal impact of this lease at below market rent is $9,706 in lost revenues annually. As a point of information the property was marketed for lease at a Market Rate of $1.75 per square foot or $13,860 annually, which represented rent as well as the added maintenance and utilities costs projected from this use (since the facility is not separately metered). ALTERNATIVES 1. Full Market Rent to the San Luis Obispo Connty Arts Council. Council could modify the proposed lease and approve a lease agreement with San Luis Obispo County Arts Council at full market rent or approximately $13,860 per year consistent with the market rate the property was listed for rent. 2. $1.00 per Year. Council could modify the proposed lease and approve a lease agreement with San Luis Obispo County Arts Council in the amount of $1.00 per year. 3. Request For Proposals to All Local Non-Profits. Over the years many nonprofits have expressed interest in leasing various City properties for reduced rents. No nonprofits were contacted when staff "listed" 1123 Mill Street for lease because the property was proposed to be leased for added revenues, it is zone Public Facility and therefore a public agency or quasi-public agency must be the tenant. However, Council could direct staff to issue a RFP to qualified Non-Profits and offer them an opportunity to propose an appropriate rental amount for the facility as well as modification to the zoning. 4. Continue to Seek a Tenant at Market Rate. If San Luis Obispo County Arts Council does not want to pay Market Rent, and Council desires that the property be leased at the current market rate, Council could direct staff to not lease to San Luis Obispo County Arts Council and continue to seek an appropriate Tenant for market rent. ATTACHMENTS 1. "For Lease Flyer" 2. Letter of Interest from San Luis Obispo County Arts Council 3. Board of Supervisors Resolution 2011-127 4. Proposed Lease Agreement 5. General Plan Policies T:\Council Agenda Reports\Parks & Recreation CAR\2011 P&R CARs\ Arts Obispo Lease 1123 Mill CAR B3-4 C4 - 15 ATTACHMENT j IIIIIP.I city o~ </.& san lUIS OBISpO paRks anb R€CR€atlOn b€paRtm€nt Premier downtown location. Close to government buildings, restaurants and shopping. Suite size 660 Sq. Ft. with two offices, conference room, kitchenette, restrooms and fiber optic service. Call for more details. Corner of Mill and Santa Rosa Street adjacent to the Ludwick Community Center. Total Space Available: 660 SF Rental Rate: $1.75/SF/Year Min. Type: Public Facility, Sub·type: Office Building Parcel info 002·325·001 Zoning PF Last Verified 8/30/2011 Contact: James Bremer (805) 781-7295 jbremer@slocity.org 1 Space Available Display Rental Rate $1.75/SF/Year $13860.00 Amt/Year $1155.00 Amt{Month Space Available: 660 SF Rental Rate: ($1.75) /SF/Month Space Type: Office Building Lease Type: /SF/Month $1155.00 {YearS 13860.00 Parking Spaces subject to negotiation B3-5 C4 - 16 ARTS OBISPO Son LU;5 Obhpo County Arts CouncH PH Box 1710 San Luis Obispo, CA 93406 Phone: (80S) 544··9251 Fax: (805) 544-1522 office@artsobispo.org Wv.-v.'.artsobispo.otg Board of DirectoJ'$ Mary Kay J-Iarrirtgton President Julie frankel 'vice~Prt'!>idem Jane Voigts Secretary JanoKray TtL"a!!Urer Gordon Fuglie CrisS;l. Hewitt Richard Mortensen Kathleen Waddell J!lflct Wallace H(j1/orary .\nnRo;.'llm Staff Charlotte Alexander fixl'mliiJ: Dire.1or Jennll Hartr.cll Pro,x,mm [)ir?dor Ba-rbarJ. Radm;ch ArU in F..d"adWn Coardin4lor November 23, 2011 To the members of the San Luis Obispo City Council: The San Luis Obispo County Arts Council, also known as ARTS Obispo, is seeking approval to lease office space owned by the City of San Luis Obispo at 1123 Mill Street in downtownSan Luis Obispo. At this time we understand from City staff that the zoning of the property allows for our organization's occupancy and use of the site. Assuming we receive approval to lease the space, we are asking for consideration of a reduction in the advertised rental rate, perhaps similar to that received by other City cultural partners, including the San Luis Obispo Museum of Art. It was determined less than a month ago that we must leave our current office/gallery space in the Creamery in downtown San Luis Obispo no later than December 31,2011. We have been actively seeking alternative space since then, so expedited consideration of this request would be greatly appreciated. We put the word out to our extensive network of creative people that we are in need of approximately 600 sq. ft. of office space (donated if possible), and the availability of 1123 Mill Street was brought to our attention. Please note that we are NOT seeking gallery space at this time -only general office space to house edministrative and program staff. This property seems ideal in terms of size, facilities, and location in the downtown area of the County seat. The San Luis Obispo County Arts Council has long partnered with the City of San Luis Obispo to advance the arts, including the very popular Art After Dark and Open Studios Art Tour, as well as the collaborative Art in Public Places program. We contribute to the richness of the City's cultural activities as well, helping to bring tourist dollars into the community. We are a 501 (c)3 not-for-profit public benefit organization dedicated to advancing the visual, literary and performing arts in San Luis Obispo County, specifically in the areas of arts in education, public access to the arts and opportunities for artists. The County of San Luis Obispo has designated us as the County's Local Arts Planning Agency for the purpose of acting as a comprehensive community arts organization. We act in partnership with the California Arts Council to foster cultural development on the local level through funding, cooperative activities, information exchange, and leadership -enabling individuals, organizations, and communities to create, present, and preserve the arts of all cultures to enrich the quality of life for residents and visitors. As we begin celebrating 30 years of service to San Luis Obispo County in 2012, the Board of Directors of the Arts Council is re-visiting our vision and mission statements. With an emphasis on collaboration and partnership, the Board is looking to create a sustainable operating model in 2012 and develop a long-term strategic plan to better serve the needs of the visual, literary and performing arts community. Please consider partnering with us to make that happen in 2012 and beyond. Sincerely, . // . ~ / -/ltUt7f/~~~J~C Mary K H~, President Board f Directors cc: Katie Uchtig, City Manager Advancing the Arts in San Luis Obispo County ATTACHMENT 2 B3-6 C4 - 17 IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA Tuesday May 3 2011 PRESENT: Supervisors Frank Mecham, Bruce S. Gibson, Paul A. Teixeira, James R. Patteraon and Chairperson Adam Hill ABSENT: None RESOLUTION NO. 2011-127 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO APPROVING PARTICIPATION IN THE 2011-12 STATE·LOCAL PARTNERSHIP PROGRAM DESIGNAnNG THE LOCAL ARTS PLANNING AGENCY AND APPROVING AND AUTHORIZING EXECUTION OF A GRANT CONTRACT WITH THE CALIFORNIA ARTS COUNCIL The following resolution is now offered and read: WHEREAS, the Caldornia Arts Council and the California Legislature have established a State-Local Partnership Program (the "Program") designed to encourage local cultural planning and decisjon~makjng and to reach previously underserved constituencies; and WHEREAS, the State-Lo.cal Partnership Program requires a mandatory match, at a level of 1: 1, which may be from either public or private sources; and WHEREAS, pursuant to the 1980-81 Program Guidelines, the Board of Supervisors of the County of San Luis Obispo (the "Board of Supervisors") designated the San Luis Obispo County Arts Council as the Local Arts Planning Agency under the Program for the purpose of acting as a comprehensive community arts organization; and WHEREAS, said plan was finalized by Board Resolution No. 84-113 and approved by the State of California; and WHEREAS, the Board of Supervisors and the San Luis Obispo County Arts Council (together defined as the "Local Partner") are now eligible to apply for and receive a grant for continued planning and input from interested citizens in local arts program activities. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the Board of Supervisors of the County of San Luis Obispo, Slate of Caldornia as follows: Section 1: The Board of Supervisors hereby approves participation by the Local Partner designated for 2011-12 as itself and the San Luis Obispo County Arts Council, in the 2010-2011 State-Local Partnership Program. Section 2: The Board of Supervisors hereby authorizes and directs the Arts Council Administrator, San Luis Obispo County Arts Council, to execute the Grant Contract on behalf of the Local Partnership and submit said contract to the State-Local Partnership . Program Grant Review and Advisory Panel. Section 3: During the County's annual budget hearings, the Board of Supervisors may consider funding for the San LuiS Obispo Arts Council in an amount up to $41,000 or on an equal match basis. B3-7 C4 - 18 Upon motion of Supervisor ...,M"e"'c"'h"'am"'--__________ , seconded by Supervisor Gibson , and on the following roll call vote, to wit: AYES: Supervisors Mecham, Gibson, Teixeira, Patterson and Chairperson Hill NOES: None ABSENT: None ABSTAINING: None the foregoing resolution is hereby adopted. Chairman of the Board of Supervisors ATTEST: Julie L. Rodewald Clerk of the Board of Supervisors By ~lt~ DePUtYefk APPROVED AS TO FORM AND LEGAL EFFECT: WARREN R. JENSEN County Counsel By: Is/Rita L. Nea' Assistant County Counsel Date: 4120/2011 ,.,_ ............... m."~~ .. H ........ ,~ •• __ •••••• M ••• H ..... M~n.............. . ...... M ............ M .... " ............ , i STATE OF CAUFORNIA) 55, ! COUNTY Of SAN lUIS OBISPO ! I, JULIE L. RODEWALD. County Clerk of the above entitled 1 County, and Ex..()fflclo Clerk of the Board of Supervisors j thereof, do hereby certify the foregoing to be a full, true ! and correct copy of an order entered in the minutes of said I Board of Supervisors, and now remaining of record in my . office. 1 Wltne~s, my hand and seal of said Board of Supervisors this ! 4th day of May I 2011. I JULIE l. RODEWALD. County Clerk and Ex-Officio Clerk of the Board of Supervisors By: 9nntt~ t"l~~ L ..... n~ .... _ .... H''' ... ''.'H ... =~m_ .. ~:'~,~_ ..... ~ .... __ .n.n_ .... _,. .. H.".HN ....... ~..! B3-8 C4 - 19 ATTACHMENT 4 DRAFT FACILITY LEASE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY ARTS COUNCIL SAN LUIS OBISPO COUNTY ARTS COUNCIL FOR LEASE OF PROPERTY AT 1123 MILL STREET This agreement entered into this day of , 2011 is made by and between the City of San Luis Obispo ("the City") and The San Luis Obispo County Arts Council, a non-profit California corporation" WHEREAS, the City owns the premiSeSG~~W;OnIY des~;i~~~ias the Mill Street Office Space at the Ludwick Community Center, loc~lteilijat 1123 Mill StreEHiJ"l.t~e City of San Luis Obispo, California ("1123 Mill Street Office SpaG~"); and "" WHEREAS, the City wishes to provide to SanLl.li~nDbispo County Arts Council the occupancy and use of the 1123 Mill StneetOffice; and ;;. , ,. WHEREAS, 1123 Mill Street is d~~ignat~cfiOffice/Medium Density Residential in the General Plan and is ZonedJluI~lic FacilityWf); and'; <fifi WHEREAS, citYil~r:operty;Mflmageme~tiiM~WJ~jl ~~~~miProvides guidance for the leasing of City-owned buildingsandi,real pr<'jperties andH~~rmits the Council to evaluate proposed uses consistent with City policy d~~~ti\(e~i:0,lljgcase 6~IQilSe basis; and " ;;lill! :;~T· lllHllilWJJ!:Hlliw:;", ill;L WHlijmWA~:,i8itY'pr~pert~i~~/lage~~\'iiM~~1l~1 guidelines provide that the proposed use should be (lo'nsistent with"thegoals B'l11d. objectives of the City's General Plan and not conflict or preclude anye)(i~ting or planned CityWse; and WHEREAS',at its December 13, 2011 meeting the City Council considered the request of the San Luis Obisp(li~rts Couliil:;tI to lease space in the City facility, and determined that the San Luis Obispo Arts C~1Uncil'sJ~qllest should be approved, subject to approval of an Administrative Use Permit;:6eQalirse of the unique status and circumstances of the San Luis Obispo Arts Council and because the City Council finds that the proposed use has a clear and measurable community benefit in alignment with City goals; and WHEREAS, the City Council authorized the City Manager to negotiate and execute a lease agreement with the San Luis Obispo Arts Council, subject the Arts Council applying for and obtaining and Administrative Use Permit, and subject to final lease approval by the City Attorney; and WHEREAS, the San Luis Obispo Arts Council has submitted an application for and received approval of an Administrative Use Permit for its proposes use of the City facility; and B3-9 C4 - 20 ATTACHMENT 4 Arts Obispo New Lease Agreement Page 2 WHEREAS, the Community Development Director has determined that the proposed use is consistent with the City's General Plan; and WHEREAS, the Community Development Director has determined that the proposed use is consistent with Section 17.36.010 of the City of San Luis Obispo Municipal Code. Now, therefore, the parties agree as follows: LEASE PROVISIONS 1. Term of Agreement. The term of this agreement shall start upon execution by both parties and expire on Dece·mber 31,2012. By mutual written consent of both parties, the term of this agreement may be extended a period of one year. 2. Rent. For use of the approximately 660 square feet of office which is located exclusively on the ground floor of the Mill Street side of the building and which address is 1123 Mill Street Office ("the Premises"), Arts Obispo shall pay the City a rent fixed at $1,294 per year (the prorate share for maintenance and utilities based on a cost of $1.96 per square foot) for the lease term. 3. Extent and Condition of the Premises. San Luis Obispo County Arts Council shall accept the Premises "as is". This agreement shall not obligate the City to guarantee the condition of the Premises, the suitability of the Premises for San Luis Obispo County Arts Council's intended use, the duration that the Premises may be safely occupied, or the availability of alternate facilities. Should any occurrence (such as fire, earthquake, flood, or the need to repair, improve, or use the Premises) necessitate closing the Premises or· a portion of the Premises to the public, Arts Obispo shall have no recourse against the City for any loss incurred. 4. Cost of Operations. San Luis Obispo County Arts Council shall bear the entire cost of its operations on the Premises, including: A. paying the cost of any maintenance for which San Luis Obispo County Arts Council is responsible; B. paying any taxes and fees related to its occupancy of the Premises, including all possessory interest taxes which may be imposed. 5. Maintenance of the Premises. San Luis Obispo County Arts Council agrees to perform all "housekeeping tasks" as well as any routine repairs to the premises. Housekeeping tasks shall generally include routine emptying of wastebaskets, cleaning of windows and· doors, removal and or reporting of graffiti, sweeping of sidewalks in front of the premises, vacuuming and spot cleaning of carpets, and cleaning of any window blinds. B3-10 C4 - 21 Arts Obispo New Lease Agreement p~V~~HMENT 4 6. Alterations to Building. San Luis Obispo County Arts Council agrees that shall have no right to make alterations to the building during the term of its lease. 7. Fire Inspection. A fire inspection will be completed by the City's Fire Department at least annually, and more frequently if necessary. San Luis Obispo County Arts Council shall be responsible for complying with any corrective notice resulting from such inspections in its portion of the premises. 8. Relationship of Parties. Under this agreement, the City shall be solely and exclusively a lessor, and San Luis Obispo County Arts Council shall be solely and exclusively a lessee. San Luis Obispo County Arts Council shall not be considered a partner, agent, officer, or employee of the City. San Luis Obispo County Arts Council's officers, members, affiliates, volunteers, employees, and independent contractors shall not be considered agents, officers or employees of the City. 9. Use of Facilities by Outside Parties. In recognition of the below market lease rate, San Luis Obispo County Arts Council agrees: A. To use due diligence in encouraging other groups and organizations to utilize the facilities whenever not in use by San Luis Obispo County Arts Council. First consideration for use by others will be given to local non-profit groups. Use of the facility by other groups will be coordinated with the San Luis Obispo County Arts Council schedule. B. To prepare an annual report for the City that summarizes the facility's use statistics for the calendar year and provides an assessment of whether San Luis Obispo County Arts Council is allowing public use of the facility consistent with the terms of this agreement. 10. Operations Manager. San Luis Obispo County Arts Council will designate a full or part- time operations manager who will be responsible for meeting the terms of this agreement and assuring the fullest community use of the facility. 11. Assignment. San Luis Obispo County Arts Council shall not assign this agreement to another party without the City's prior written consent. 12. Subrogation Waiver. The City and San Luis Obispo County Arts Council release and relieve each other and waive their entire rights of recovery against each other for damage from perils covered by their property insurance, whether due to the negligence of the City, San Luis Obispo County Arts CounCil, their agents, their officers, their employees, or their guests. 13. Hold Harmless and Indemnification. San Luis Obispo County Arts Council agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers which arise from B3-11 C4 - 22 ATTACHMENT 4 Arts Obispo New Lease Agreement Page 4 or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. Without limitation, from and after the date of execution of this Agreement, the San Luis Obispo Arts Council shall also indemnify and defend City, using counsel approved by City in its absolute discretion, from any and all third party challenges to this Agreement or any related entitlement or approval contemplated hereunder. 14. Insurance. San Luis Obispo County Arts Council shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by San Luis Obispo County Arts Council, its agents, representatives, employees, or sub-contractors as defined in Exhibit 1. 15. Termination. If the City determines that San Luis Obispo County Arts Council is not faithfully abiding by any term or condition of this agreement, the City may send written notification giving San Luis Obispo County Arts Council a 15-calendar day notice to cure the deficiency. If San Luis Obispo County Arts Council has not cured the deficiency within the 30 days specified in the notice, that failure shall constitute a breach of the agreement, and the City may give written notice to terminate the agreement effective 30 calendar days from receipt of the notice. If the City determines that it needs to use the property at 1123 Mill Street for municipal government purposes (such as civic center expansion), the City may give written notice to San Luis Obispo County Arts Council to terminate the agreement effective 30 calendar days from receipt of the notice. 16. Cooperation upon Termination or Expiration. In the event of termination or expiration, San Luis Obispo County Arts Council shall fully cooperate by relocating its operations before the termination or expiration date and by not seeking relocation assistance from the City. By midnight on the termination or expiration date San Luis Obispo County Arts Council shall remove from the Premises all property in its possession or custody and shall leave the Premises in a condition as good as when received, . excepting normal wear and tear. Any property remaining on the Premises after the termination or expiration date shall be deemed abandoned. 17. Notices. All official notices required under this agreement shall be given in writing and submitted by certified mail, postage prepaid and addressed as follows: To the City: City Administrator City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 B3-12 C4 - 23 Arts Obispo New Lease Agreement To San Luis Obispo County Arts Council: President San Luis Obispo County Arts Council P.O. Box 1710 San Luis Obispo, CA 93406 ATTACHMENT 4 Page 5 18. Enforcement Costs and Attorney's Fees. The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement may recover from the other party its reasonable costs and attorney's fees in connection with such an action. 19. Entirety and Integrity of Agreement. This document represents the entire and integrated agreement between the City and San Luis Obispo County Arts Council. This document supercedes and negates all prior negotiations, representations, agreements, and amendments, either written or oral, regarding the Premises and the operation of a community performing arts theater on the Premises. This document may be amended only by written instrument executed by both the City and San Luis Obispo County Arts Council. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. This agreement is executed by the following authorized representatives: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF SAN LUIS OBISPO, A Municipal Corporation Katie Lichtig, City Manager SAN LUIS OBISPO COUNTY ARTS COUNCIL B3-13 C4 - 24 Attachment S The following General Plan policies provide specific guidance on use of properties related to quasi-governmental and art facilities for properties designated in the General Plan as Office. 3.4 Offices 3.4.1 Purpose and Included Uses The City should have sufficient land for Office development to meet the demands of City residents and the specialized needs of County residents. Office development inc Iud e s professional and fin a n cia I s e r vic e s (such as doc tor s, architects, and insurance companies and banks) and government agencies. The City should retain the regional offices of state and federal agencies. Not all types of offices are appropriate in all locations. (See office location policies below. Also see the Public Facilities section). 3.4.2 Office Locations A. All types of offices are appropriate in the downtown General Retail district, but are discouraged at street level in storefronts of the commercial core. B. All types of office activities are appropriate in the Office district which surrounds the downtown commercial area, though offices needing very large buildings or generating substantial traffic may not be appropriate in the area which provides a transition to residential neighborhoods. C. Medical services should be near the hospitals, and may also be located in other commercial areas of the City. D. Government social services and the regional offices of state and federal agencies should be near the intersections of South Higuera Street, Prado Road, and Highway 101 (Figure 5); E. Offices having no substantial public visitation or need for access to downtown government services may be in Services and Manufacturing districts. F. Certain bus i n e s s and professional services having no substantial public visitation or limited need for access to downtown government services may be in Services and Manufacturing districts. Examples of such uses are computer services, utilities engineering and administration, architects and engineers, industrial design, advertising, building contractors, labor and fraternal organizations, veterinarians, and insurance and financial services that do not directly serve retail customers, G. Certain business and professional services with limited need for access to downtown g:MiITlTfft services may be located in areas that are away from the downtown, and designated Community Commercial. Appropriate types of offices inc Iud e those that provide direct "over-the-counter" services to customers and clients, Professional offices may also be appropriate, particularly above the ground floor. 5.1.9 Different Offices Government and private activities of types not listed in policies 5,1.4, 5.1,5, and 5.1,6 may be established in these identified areas, so long as they are compatible with and do not displace the government functions which should be located in the area 5.2.1 Cooperation The City should cooperate with other agencies and with community groups to help provide facilities for a library, and for arts and sciences which meet broad community cultural needs, 5.5 Community Arts Support The City will continue to support community arts programs through a variety of means, such as loans, grants, and help in obtaining sites. B3-14 C4 - 25 Page intentionally left blank. C4 - 26 FROM: Derek Johnson, Community Development Director Prepared By: Brian Leveille, Associate Planner SUBJECT: RECOMMENDATION TO ADD THE CONTRIBUTING HISTORIC PROPERTY LOCATED AT 1144 BUCHON STREET TO THE MASTER LIST OF HISTORIC RESOURCES. RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC), adopt a resolution adding the property located at 1144 Buchon Street to the Master List of Historic Resources. DISCUSSION Previous Review On November 26, 2012, the CHC reviewed the applicant’s request to add the property located at 1144 Buchon Street to the Master List of Historic Resources. Historic listing requires nomination by the Cultural Heritage Committee (CHC), and City Council approval. The property is currently listed as a Contributing Historic Resource. The CHC continued the item requesting additional information regarding the original owner and his contributions to the downtown business community in the early 20th Century. On September 23, 2013, the CHC reviewed additional information provided in an addendum to the Historic Resource Evaluation from the CHC’s initial review (Attachment 2, Bertrando Report). The CHC found that although the building had been altered with dormer additions in the 1970’s, the modifications to these portions of the roofline do not affect the ability of the building to convey its architectural and historical significance. The CHC determined the building’s overall integrity and characteristics as an excellent example of a neo-classic building with Queen Anne influences merited recognition as a Master List property. The CHC found the property to be architecturally significant because it is John 1144 Buchon Street, Front elevation C5 - 1 Council Agenda Report – Master List, 1144 Buchon Street Page 2 December 10, 2013 Chapek’s first project as a professional contractor. John Chapek is a recognized influential early builder in San Luis Obispo History who designed and built many commercial buildings and residences in the early 20th Century period. The CHC found the property meets historical significance criteria because of the early influence in the downtown business community of the original owner, Leonard Hill. Leonard Hill contributed to the early promotion of the downtown as the owner of a stationary and school supplies store. Leonard Hill was a charter member of the San Luis Obispo Board of Trade when it formed in 1903 and is remembered as the father of Christmas celebrations in the downtown 1. The “Hill’s Bazaar” business name survived in the downtown for nearly 100 years. The CHC found the house could qualify for the Master List of Historic Resources based on architectural criteria and historical criteria of the Historic Preservation Ordinance (Attachment 3, CHC Resolution) and recommended the City Council add the property to the Master List of Historic Resources as the historic Leonard W. Hill House. CEQA Staff has review the proposed action and determined that the above actions does not constitute a project, as defined by Section 15308 of the California Environmental Quality Act and is therefore exempt from environmental review. FISCAL IMPACT Adding the property to the Master List will have no fiscal impact on the City. If the property is added to the Master List, the applicants will have the ability to apply for a Mills Act Historic Preservation Contract. To qualify for the Mills Act program, the property must be on the Master List of Historic Resources. Mills Act contracts require an application and fee of $3,867, commitment to specific improvements, and/or maintenance of the property, review by the CHC, and final approval by the City Council. Fiscal impact analysis is included in the Council agenda reports for Mills Act contracts. ALTERNATIVES 1. Continue the item for additional analysis or research. 2. Deny the request to add the property located at 1144 Buchon Street to the Master List of Historic Resources and maintain the property on the Contributing List of Historic Resources. ATTACHMENTS 1. Vicinity Map 2. Addendum to Bertrando and Bertrando Research Consultants Historic Evaluation, Leonard Hill House, June 2012. 1 Historic Resource Evaluation, Leonard W. Hill House, Bertrando and Bertrando Research Consultants, June 2012. C5 - 2 Council Agenda Report – Master List, 1144 Buchon Street Page 3 December 10, 2013 3. Cultural Heritage Committee Staff Report, September 23, 2013 (without attachments) 4. Cultural Heritage Committee final Resolution No. CHC-1010-13 5. Draft Council Resolution T:\Council Agenda Reports\2013\2013-12-10\Master List Request - 1144 Buchon (Johnson-Leveille) C5 - 3 O R-3 PF R-2 R-3 C-C R-2-H R-2-H R-2-H R-2-H R-2 R-2-H R-3-H R-2 O R-3-H O-S R-2-H R-2 R-3-H R-3 R-3 R-3-H R-2 O R-2-H R-2C-R R-2 R-3 R-2-H PISMO T O R O BUCHO N ISLAY S A N T A R O S A LEFF PACIF I C J O H N S O N VICINITY MAPFile No. 106-121144 Buchon ¯ C5 - 4 C5 - 5 C5 - 6 C5 - 7 C5 - 8 C5 - 9 C5 - 10 C5 - 11 C5 - 12 C5 - 13 C5 - 14 C5 - 15 C5 - 16 C5 - 17 C5 - 18 C5 - 19 C5 - 20 C5 - 21 C5 - 22 C5 - 23 C5 - 24 C5 - 25 C5 - 26 C5 - 27 C5 - 28 C5 - 29 C5 - 30 C5 - 31 C5 - 32 C5 - 33 C5 - 34 C5 - 35 C5 - 36 Attachment 5 RESOLUTION NO. (2013 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERTY LOCATED AT 1144 BUCHON STREET TO THE MASTER LIST OF HISTORIC RESOURCES, CHC 106-12 WHEREAS, applicants Chris and Robert Hoover, on September 4, 2012, submitted an application to add their Contributing historic property to the Master List of Historic Resources; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo at a public hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo, California, on November 26, 2012, and continued the item requesting additional information; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo at a public hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo, California, on September 23, 2013, and recommended the City Council add the property to the Master List of Historic Resources; and WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, on December 10, 2013, for the purpose of considering adding the property located at 1144 Buchon Street to the Master List of Historic Resources (CHC 106-12); and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicants, interested parties, the records of the Cultural Heritage Committee hearing, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council makes the following findings of consistency with Historic Preservation Program Ordinance eligibility criteria for Master List Historic Resources: 1. The house qualifies for the Master List of Historic Resources based on architectural criteria since dormer additions added in the 1970’s do not affect the ability of the building to convey its architectural and historical significance due to its overall integrity and characteristics as an excellent example of a neo-classic building with Queen Anne influences. The property is also significant architecturally since it is the first commercial building project of John Chapek, a recognized influential early builder in San Luis Obispo history. 2. The house qualifies for the Master List of Historic Resources based on historical criteria since Leonard Hill commissioned the building of the structure and lived in the home during the period he was an influential and active downtown business owner in the first 20 years of the 20th Century. The name of the business founded by Leonard Hill, “Hill’s Bazaar” survived in the downtown for nearly 100 years. C5 - 37 Resolution No. [ ] Attachment 5 Page 2 SECTION 2. Action. The Council of the City of San Luis Obispo does hereby add the property located at 1144 Buchon Street to the Master List of Historic Resources as the historic “Leonard W. Hill House”. SECTION 3. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15308 of the California Environmental Quality Act and are exempt from environmental review. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing Resolution was adopted this _____ day of _____________________, 2013. _____________________ Jan Howell Marx, Mayor ATTEST: _____________________ Anthony J. Mejia, City Clerk APPROVED AS TO FORM: _/s/ Christine Dietrick____________________ Christine Dietrick, City Attorney C5 - 38 FROM: Wayne Padilla, Finance and Information Technology Director Prepared By: Steve Schmidt, Information Technology Manager SUBJECT: SOFTWARE SOLUTIONS CONTRACT FOR TYLER/ENERGOV TESTING AND TRAINING RECOMMENDATION Award a contract to Software Solutions for testing and training services on the Tyler/EnerGov Solutions software and authorize the City Manager to execute a “Not-to-Exceed” contract totaling $43,950. DISCUSSION Background The City is currently engaged in replacing multiple old, outdated FoxPro applications with Commercial off-the-shelf software applications (COTS); the most extensive and expensive of these replacement applications is from Tyler/EnerGov Solutions. The Tyler/EnerGov application is the GIS centric, user interface software utilized for a wide range of mission-critical functions throughout the organization, including landuse inventory, planning, permitting, code enforcement and inspections. Although this project has required a huge resource commitment, the replacement is critical in delivering day-to-day services to the City and the community in an efficient, reliable and cost effective manner. The project is nearing completion with implementation anticipated for spring 2014. System configuration testing has already begun and will continue through the first part of December. User Acceptance Training (UAT) will begin in December and run through January. User system training will take place in January and February with go live scheduled for March 14. Software Solutions During the transition from the old FoxPro applications to Tyler/EnerGov, the City has contracted with Software Solutions on an as-needed basis to provide consultation and support to staff. To make this project a success, the City needs to involve Software Solutions to support the UAT development and testing, as well as user training prior to go live. Staff proposes utilizing the services of Software Solutions more extensively during this time. Software Solutions will perform the following services: • UAT Testing Templates - Develop specific system testing sheets for the end users to use in testing the very detailed functions of the system. • Develop end-user training goals and create custom quick reference guides for each system module. • User Acceptance Testing – Schedule and facilitate intensive testing of the EnerGov system. Meeting Date Item Number 12-10-2013 C6 - 1 • Training Classes – In conjunction with Tyler/EnerGov, design conduct Train-the-Trainer classes. • Over-see the City trainers as they train all City users. • Help Desk Support – Provide onsite support and follow-up training during the week after the system goes live. Sole Source Justification Staff recommends a sole source contract from Software Solutions for the following reasons: • The City currently has an annual contract with Software Solutions for other training services, including classes on Microsoft Office products, and staff throughout the City has been extremely pleased with these services as well as with the commitment of the vendor in ensuring the success of these trainings for the City. This high level of confidence in the capability of Software Solutions is important to offset the loss of confidence in the prior training effort. • The vendor has extensive knowledge of the City’s current FoxPro applications as well as staff’s needs for the new EnerGov system. • The vendor has previously been engaged on a much smaller scale to provide input in the development of a training plan for the EnerGov system. This experience has led to the vendor being highly familiar with the system and the training needs of the City in a way that would take any other contractor a great deal of time to reach the same level of understanding. • The vendor has a facility in San Luis Obispo and is available on short notice to assist with staff questions and provide support when the new system goes live. CONCURRENCES The senior management staff committee working on the Tyler/EnerGov project concurs with this recommendation. Additionally, the Community Development Department Director, whose staff is the most highly impacted by this software conversion and is the Executive Sponsor of this project, concur with this recommendation. FISCAL IMPACT There is no fiscal impact on the General Fund for this contract. The City has not been paying Tyler/EnerGov annual maintenance and support fees due to the system’s lack of critical functionality. Contract Amendment No. 4 (attached) stipulates that the City will begin to pay maintenance and support to Tyler/EnerGov in April, providing the system actually goes live in March. There is currently $95,000 in the Information Technology 2013-14 budget for maintenance and support for the EnerGov project. The monthly cost of maintenance and support is $7,386. If all goes as scheduled, the City will owe Tyler/EnerGov the 3-month prorated amount of $22,158 for April, May and June. Annual funding of $88,627 for maintenance and support will begin at the start of the new fiscal year. After the last quarter year payment, there is still $72,842 remaining in the current year’s budget. The 2014-15 budget includes $104,000 for maintenance and support, as well as any custom programming that the City may require from Tyler/EnerGov. The Software Solutions detailed contract cost summary is below: C6 - 2 City of SLO EnerGov Pricing Model 2013-2014 Project Item Daily Rate Days/Wk Weeks Total Pre-UAT 750$ 35 11,250$ UAT Training 800$ 51 4,000$ UAT 800$ 26 9,600$ Training Docs 700$ 51 3,500$ Train the Trainer 1,200$ 41 4,800$ ALTERNATIVES 1. Select a different vendor. This is not recommended due to the vendor’s knowledge of both the FoxPro applications and the Tyler/EnerGov system. Additionally, the vendor has extensive past experience in successfully training City staff on new software programs and providing ongoing support. 2. Do not hire a vendor to assist with testing and training. This is not recommended since the Tyler/EnerGov testing and training offered is not adequate to meet the City’s needs. Also, City staff are not software testing or training experts and do not have experience with a software implementation of this magnitude. Software Solutions will be available to fill in these gaps to ensure a smooth transition to the new system. ATTACHMENTS 1. Agreement - Software Solutions Proposal - General Terms and Conditions.pdf 2. SLO AMENDMENT 4 - Final Draft.pdf T:\Council Agenda Reports\2013\2013-12-10\Software Solutions Contract for Tyler-EnerGov Testing and Training (Padilla-Schmidt) C6 - 3 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _____________day of ____________________________________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and SOFTWARE SOLUTIONS, hereinafter referred to as Consultant. W I T N E S S E T H: WHEREAS, on the City wants Tyler/EnerGov Software Testing and Training: and WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by the City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until contract expiration. 2. CITY'S OBLIGATIONS. For providing services as specified in this agreement, City will pay, and Consultant shall receive, compensation in a total sum not to exceed $43,950. 4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City provide all specified services as described in Exhibit A (Consultant’s Proposal) attached hereto and incorporated into this Agreement by reference. Consultant further agrees to the contract and performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement by reference. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: C6 - 4 City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Consultant Software Solutions Attn: Derek Crawford 3220 So. Higuera, Suite 208 San Luis Obispo, CA 93401 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO: ________________________________ By: _____________________________________ City Clerk Jan Howell Marx, Mayor APPROVED AS TO FORM: CONSULTANT: ________________________________ By: _____________________________________ City Attorney Software Solutions C6 - 5 Exhibit A Monday, November 4, 2013 Steve Schmidt IT Manager City of San Luis Obispo 990 Palm Street San Luis Obispo Dear Steve, The following is a preliminary proposal based upon your recent request for training. Please review this information and reply back to me at your convenience. We will be more than happy to customize the training to best suit your organization’s needs. Sincerely, Derek Crawford Owner Software Solutions Team Office: (805) 786-4283 Fax: (805) 545-5435 Cell: (805) 801-4825 Email: derek@sstslo.com Web: www.sstslo.com S OFTWARE T RAINING P ROPOSAL Presented to City of San Luis Obispo C6 - 6 Exhibit A T RAINING P ROPOSAL Program Overview Software Solutions Team (SST) will assist in the development and delivery of end-user UAT (user acceptance testing) and computer training to the staff of CITY OF SAN LUIS OBISPO (Client) on EnerGov. SST will research and become familiar with the practical use and application of each of the software systems, organize and conduct system testing for Power Users and then coordinate and support hands-on (one computer per student) training to Client's end users. Training Site All classes will be taught in Client's F&IT Training Room or suitable venue with access to the City's network. Training Material SST will provide training material that will be customized by the Power Users of each department/division using EnerGov. Each course includes vendor provided courseware, as well as quick reference guides customized by SST covering Client specific topics, for each participant. Scope of Testing and Training and Services to be Provided 1. PRE-UAT PREP Dates: Oct. 31, 2013-Nov. 27, 2013 Frequency: 2-3 days/week Duration: 5 weeks SST Services Provided: SST will research the Client's intended use of EnerGov, as well as the basic features and functionality of those applications, in order to develop specific criteria and goals for the end-users' testing and training program. SST will have access to Client's network and applications so as to develop this program. SST will work with Client’s departmental Power Users to ensure understanding how their business process is to be managed in EnerGov and then translate those steps into specific acceptance testing scripts to be used by Client staff. SST will organize and conduct meetings with Power Users and EnerGov team members to facilitate mutual understanding of the expected software functionality and identify configuration issues and/or bugs that need to be addressed prior to the UAT training session. SST will assign department/division specific Power Users to customize EnerGov UAT testing scripts to address specific steps/processes that need to be tested. SST will assist in UAT session scheduling and user assignments. SST will post all configuration issues and bugs on EnerGov SharePoint UAT List. C6 - 7 Exhibit A 2. UAT TRAINING Dates: Dec. 2, 2013-Dec. 6, 2013 Frequency: Daily Duration: 5 days SST Services Provided: SST will assist EnerGov training staff in the delivery of UAT training sessions. Responsibilities will include with each Client department/division Power User to ensure they have the skills necessary to navigate each necessary module in EnerGov so they can adequately test for completeness. SST will work with Power Users to make any necessary changes to their department/division specific UAT testing scripts prior to the formal UAT sessions. 3. UAT Dates: Dec. 9, 2013-Jan. 24, 2014 Frequency: 2 days/week Duration: 6 weeks SST Services Provided: SST will assist in the scheduling and participate in the testing of at UAT modules for EnerGov. Services will include ensuring customized UAT scripts are used by the testing Power Users, providing direction on expected use and functionality, documenting and posting of all UAT problems on the EnerGov SharePoint UAT List. 4. TRAINING DOCUMENT PREPARATION Dates: Oct. 31, 2013-Feb. 7, 2014 Frequency: As needed Duration: 14 weeks Max. Hours: 40 hours SST Services Provided: SST will take the existing EnerGov user guide manual developed by SST in 2012, add current screen shots and module updates for EnerGov as of the end of UAT date, and make the editable manual (MS Word format) available for department Power Users. It is expected that City Power Users will complete the editing for end- user training manuals to explicitly detail how the software will be used for their specific department/division’s use for their business processes. Additional development labor beyond the proposed 40 hours will be billed at $100/hr. rate. 5. TRAIN THE TRAINER Dates: Feb. 3, 2014-Feb. 7, 2014 Frequency: 4 days/week Duration: 1 week SST Services Provided: SST will work with EnerGov to design a schedule for dedicated computer classes on mutually agreeable dates, times, and course content for up to 25 City power- users the following courses: • Course Name: EnerGov Train the Trainer training Course Length: 1-3 hours (to be determined) per session, up to 4 session/day C6 - 8 Exhibit A (Maximum of 13 students/class) 6. END-USER TRAINING Dates: Feb. 10, 2014-Feb. 28, 2014 Frequency: 2-3 days/week Duration: 3 weeks SST Services Provided: SST will design a schedule for dedicated computer classes on mutually agreeable dates, times, and course content for the following courses: • Course Name: EnerGov End User Training Course Length: 1-2 hours (to be determined) per session, up to 4 sessions/day (Maximum of 20 students/class) Registration SST offers to arrange for the scheduling and registration of the client’s staff. Equipment Client will provide all computer hardware and software for training at Client’s facility. Costs Item Daily Rate Days/Wk Weeks Total Pre-UAT 750$ 35 11,250$ UAT Training 800$ 51 4,000$ UAT 800$ 26 9,600$ Training Docs 700$ 51 3,500$ Train the Trainer 1,200$ 41 4,800$ End User Training 1,200$ 33 10,800$ Extended Costs 43,950$ Cancellation / Rescheduling SST’s standard 5 day cancellation policy applies to all dedicated class dates. Please call us for further details. C6 - 9 Exhibit A Payment All fees for training services are considered due and payable upon first day of training. Billing terms can be arranged. Invoicing for training and development services will occur on the 1st and 15th of each month. As always with SST, we stand behind the quality of our training programs, and guarantee your complete satisfaction. Please contact us as soon as possible to accept this proposal, so that we may begin reserving your preferred training dates. Respectfully, Derek Crawford Owner Software Solutions Team Office: (805) 786-4283 Fax: (805) 545-5435 Cell: (805) 801-4825 Email: derek@sstslo.com Web: www.sstslo.com C6 - 10 1. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 2. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 5. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 9. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it will not engage in, nor permit such sub- consultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 11. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. C6 - 11 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30). 13. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant. 15. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 16. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 17. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 18. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Proposal; compensation for any other work, services or goods performed or provided by the Consultant shall C6 - 12 be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. 19. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Consultant as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 20. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. 21. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 22. Required Deliverable Products. The Consultant will be required to provide: 2 hard copies of the draft or electronic copy (Adobe Acrobat format) 2 hard copies of the final project report, and 1 electronic copy (Acrobat Adobe format) of the final report. City staff will review any documents or materials provided by the Consultant and, where necessary, the Consultant will be required to respond to staff comments and make such changes as deemed appropriate. Computer files must be on 3½", high-density, write-protected diskettes or CD’s formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. Alternatively, files may be emailed to the City. 23. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Engineer of the City. 24. Complete Agreement. These Purchase Order Conditions and Consultants proposal shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. C6 - 13 25. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in these conditions as a precondition to contract execution. The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or sub-consultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C6 - 14 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. C6 - 15 1   Amendment  No.  4  to  the  Master  Customer  Agreement     between  Tyler  Technologies,  Inc.  and  City  of  San  Luis  Obispo     This  Agreement  is  between  Tyler  Technologies,  Inc.  (“Tyler”)  a  Delaware  corporation  with  offices  at  2160   Satellite  Blvd,  Suite  300,  Duluth,  Georgia,  30097,  as  successor-­‐in-­‐interest  to  EnerGov  Solutions,  LLC  (“EnerGov”),   and  the  City  of  San  Luis  Obispo,  California  (“Customer”)  located  at  990  Palm  Street,  San  Luis  Obispo,  CA  93401.   The  date  of  this  Amendment  is  ________________,  2013  (“Effective  Date”).   Recitals   1. On  September  20,  2010,  the  parties  entered  into  the  Master  Customer  Agreement  SLO090210  in  which   EnerGov  agreed  to  provide  a  software  product  to  meet  the  current  and  future  needs  of  Customer  and  to  assist   in  the  successful  implementation  and  deployment  of  said  product  (“Master  Customer  Agreement”).         2. On  October  1,  2010,  the  parties  entered  into  the  First  Amendment  to  the  Master  Customer  Agreement,   which  amended  the  payment  schedule  in  the  Master  Customer  Agreement,  and  the  statement  of  work   incorporated  into  the  Master  Customer  Agreement  (“Amendment  No.  1”).     3. On  December  7,  2011,  the  parties  entered  into  the  Second  Amendment  to  the  Master  Customer   Agreement,  which  amended  terms  and  conditions  related  to  Asset  Management  Licenses,  Professional  Service   Rates  and  Annual  Maintenance  and  Support  Fee  Changes  (“Amendment  No.  2”).     4. On  March  19,  2012,  the  parties  entered  into  the  Third  Agreement  to  the  Master  Customer  Agreement,   which  amended  the  terms  and  conditions  for  training  and  onsite  assistance  during  training  and  deployment   (“Amendment  No.  3”).     5. The  parties  desire  to  amend  the  Master  Customer  Agreement  as  it  has  been  amended  with  Amendment   No.  1,  Amendment  No.  2  and  Amendment  No.  3  (collectively  referred  to  as  “Amendments”)  to  clarify  the  scope   of  work  necessary  to  deliver  a  product  as  agreed  herein  to  Customer.       Therefore,  in  consideration  of  the  foregoing  recitals  described  above,  the  parties  agree  as  follows:     Agreement   1. Master  Customer  Agreement  and  Amendments.    All  terms  and  conditions  of  the  Master  Customer   Agreement  and  its  Amendments  remain  in  full  force  and  effect.    To  the  extent  that  there  is  a  conflict  between   the  Master  Customer  Agreement  and  Amendments  as  it  relates  to  the  Scope  of  Work  and  this  Amendment,  this   Amendment  shall  prevail.     C6 - 16 2   2. Scope  of  Work.    The  parties  agree  to  the  terms  and  conditions  and  their  respective  obligations  as  set   forth  in  the  Scope  of  Work  attached  hereto  as  Exhibit  A  and  incorporated  by  reference.  Any  development,   training,  or  other  work  required  beyond  that  detailed  in  the  Scope  of  Work  will  result  in  additional  fees  and   expenses  to  be  borne  by  Customer.    Tyler  shall  not  perform  any  additional  development,  training  or  other  work   beyond  that  detailed  in  the  Scope  of  Work  without  prior  written  approval  by  Customer.     3. Representation  by  Counsel.    Each  party  acknowledges  that  it  has  had  the  opportunity  to  consult  with   legal  counsel.   4. Support  Payment  Schedule.  The  parties  agree  that  Customer  shall  remit  to  Tyler  the  prorated  first   quarterly  Software  Support/Maintenance  fee  in  the  amount  listed  in  the  Agreement  and  as  modified  by  the   Amendments  (“Support  Payment”)  upon  the  earlier  of  (i)  the  use  of  a  Tyler  software  product  in  live  production,   or  (ii)  one  hundred  eighty  (180)  days  from  the  date  of  the  execution  of  this  Amendment  and  shall  remit  a   Support  Payment  every  three  (3)  months  at  the  beginning  of  each  quarter  thereafter  for  the  term  of  the   Software  Support  Agreement.     5. Authority  to  Execute  Amendment.    Both  parties  covenant  that  each  individual  executing  this   Amendment  on  behalf  of  each  party  is  a  person  duly  authorized  and  empowered  to  execute  contracts  for  such   party.     IN  WITNESS  WHEREOF,  the  parties  hereto  have  caused  this  instrument  to  be  executed  the  day  and  year   first  written  above.   ATTEST:            CITY  OF  SAN  LUIS  OBISPO             ____________________________________    By:  ____________________________________   City  Clerk            City  Manager     APPROVED  AS  TO  FORM:        TYLER  TECHNOLOGIES,  INC   _____________________________________    By:  ____________________________________   City  Attorney            Name:  _________________________________                  Title:    __________________________________       C6 - 17 3   EXHIBIT  A  –  SCOPE  OF  WORK   The  Services,  hours,  and  costs  described  and  quoted  below  constitute  the  Scope  of  Work  Tyler  has  agreed  to   perform  for  Customer  at  no  charge  to  Customer.  Any  services,  hours,  or  costs,  including  expenses,  provided  or   incurred  by  Tyler  at  the  request  of  Customer  that  are  not  set  forth  in  this  Scope  of  Work  shall  be  provided  at   Tyler’s  then-­‐current  time  and  materials  rate,  and  shall  be  payable  by  Customer.    Tyler  shall  not  perform  any   additional  development,  training  or  other  work  beyond  that  detailed  in  the  Scope  of  Work  without  prior   written  approval  by  Customer.   Configuration  Modifications     I. Permit  and  Plan  Management  (Reconfiguration)   A. Organization.   1. Except  for  Utilities,  no  changes  will  be  made  as  to  the  starting  module  for  existing  record  types.   2. Building  Permits  often  result  in  a  hierarchical  organization  of  multiple  Permit  Cases—each  designed   for  managing  a  specific  aspect  of  the  project.   a. Granular  Types  and  Work  Classes  constrain  the  scope  of  individual  cases.   b. Additional  Info  fields  are  unique  to  the  Type  and  Work  Class  of  the  Permit  Case  they  belong  to.     c. Sub-­‐Permits,  such  as  Fire,  Encroachment,  and  Recycled  Water  Permits,  are  created  in  the   workflow  of  a  parent  Building  Permit.   d. Stand-­‐alone  Trade  Permits  are  distinct  from  the  Trade  sub-­‐permits  of  a  Building  Permit.   3. Classification  schemes  are  harmonized  specifically  to  each  Type  and  Work  Class  of  Permit  (e.g.   Occupancy  Class,  Census  Code,  etc.).   a. The  Square-­‐Foot  Calculator  records  distinct  areas  to  be  considered  during  the  lifecycle  of  the   Building  Permit.   b. The  Valuation  Calculator  records  the  calculated  value  of  areas  or  aspects  of  the  project.   c. Values  recorded  in  both  calculators  will  be  used  for  calculating  fees.     d. Fee  Templates,  Intelligent  Objects,  stored  procedures,  or  a  combination  thereof  will  use  values   recorded  in  the  Square  Foot  Calculator  for  calculating  fees.   4. In  order  to  calculate,  record,  and  provide  a  formal  fee  estimate,   a. All  Estimate  Cases  must  be  closed  once  a  subsequent  Estimate  Case  or  a  formal  Permit  or  Plan   Case  is  created.   b. The  Intelligent  Automation  Agent  closes  any  Estimate  Case  on  the  Expiration  Date  assigned  to  it.   B. Fees.   1. Fees  may  be  collected  at  any  point  during  the  lifecycle  of  a  Permit  or  Plan  Case,  or  explicitly  deferred   until  any  time  during  the  lifecycle  of  a  Case.   C6 - 18 4   2. Fees  and  Fee  Templates  are  assigned  to  the  specific  Permits  and  Plan  Case  types  and  work  classes   that  they  relate  to.   3. Fees  and  Credits  will  not  propagate  from  Sub-­‐Permits  and  Sub-­‐Plans  to  parent  cases.  A  Grand  Total   at  the  parent  case  level  is  only  available  through  the  use  of  a  report  (or  an  advanced  stored   procedure).  Should  the  current  Fees  &  Credits  Report  not  be  needed  as  a  result  of  the   reconfiguration  effort,  then  this  report  may  be  modified  at  the  city’s  choosing  to  accommodate  this   need.    If,  however,  the  Fees  &  Credits  Report  is  still  needed,  then  this  report  would  be  a  custom   report  and  would  be  billed  at  the  current  hourly  rate  for  report  development.     C. Inspections.   1. Inspections  are  tracked  through  the  appropriate  Permit  Case—frequently  a  Sub-­‐Permit,  not   necessarily  the  Building  Permit  Case.   2. Building  Inspectors  will  likely  use  the  full  client.  Other  inspectors  may  consider  iG  Inspect  in  the   future.   D. CAP/ePortal.     1. The  Silverlight  Decision  Engine  is  required  to  allow  the  receipt  of  Submittals  and  the  creation  of   Applications  through  CAP.    A  decision  on  the  use  of  EnerGov’s  Decision  Engine  is  pending  but  would   be  part  of  the  implementation  if  that  decision  were  made.   2. Plan  Cases  and  Permit  Cases  may  be  managed,  but  not  created,  through  CAP.    This  information  is   dependent  on  a  decision  regarding  the  use  of  the  Decision  Engine     II. Object  Management  (New  Configuration  &  Data  Services)   A. Organization.   1. An  Object  Record  will  be  created  to  represent  each  distinct  property  element  that  may  participate  in   a  Plan,  Permit,  or  Code  Enforcement  Case.     2. Information  relative  to  Building  Permits  will  typically  be  maintained  on  a  corresponding  Structure   Object,  while  information  relative  to  Planning  Applications  will  typically  be  maintained  on  Parcels,   Structure  Objects,  and  Suite  Objects.   3. Every  occupiable  Structure  Object  contains  at  least  one  Suite  Object.   4. Almost  all  Structure  Objects  are  attached  to  the  single  Parcel  upon  which  they  sit.   5. Suite  Objects  are  always  assigned  a  single  Address,  while  Structure  Objects  and  Parcels  may  be   assigned  multiple  Addresses—or  none  at  all.   6. The  hierarchy  between  Suite  Objects,  Structure  Objects,  and  Parcels  will  be  established  during  the   data  import  process,  and  then  maintained  by  City  staff.   B. Processes.   1. Structure  Objects  and  Suite  Objects  are  always  associated  to  any  Case  that  concerns  them.   2. GeoRules  do  not  consider  the  Object  Records  associated  with  a  Case,  or  any  Sub-­‐Permits  or  Sub-­‐ Plans  associated  to  it.     3. Holds,  Conditions,  and  Recommendations  at  the  property  level—Parcel,  Structure,  and  Suite—are   used  to  track  planning  agreement  details  and  entitlements.   C6 - 19 5   4. Object  Records  currently  have  no  relationship  to  Code  Enforcement.   5. EnerGov  will  consider  implementing  functionality  that  does  not  exist  currently  but  may  be   incorporated  into  a  future  release  should  Tyler's  development  team  decide  to  do  so.   a. GeoRules  that  act  upon  Object  Records;   b. relationships  between  Object  Records  and  Code  Enforcement;  and   c. the  ability  to  copy  Parcels  and  Addresses  from  an  Object  Record  to  the  Permit  or  Plan  Case  it  is   associated  to.     III. Impact  Fee  Management  (New  Configuration)   The  Impact  Module  will  not  be  used.     IV. Credit  Management  (Reconfiguration)   A. Organization.   1. Administrative  and  Impact  Fee  Credits  are  applied  to  the  appropriate  Permit  Case  or  Plan  Case  that   concerns  them.   2. Credits  are  maintained  at  the  property  level,  and  both  originate  and  are  applied  at  the  case  level.     3. Conditions  at  the  property  level—whether  Parcel,  Structure  Object,  or  Suite  Object—are  used  to   track  Credits  originating  in  planning  agreements.   B. Management.   1. Credits  will  be  memorialized  in  Additional  Info  on  Parcels,  Structure  Objects,  and  Suite  Objects.   2. Additional  Info  fields  on  the  case  will  show  the  number  of  units  that  may  be  credited.    EnerGov  does   not  enforce  the  fee  amount;  fee  inputs  will  be  entered  manually  or  automated  through  Intelligent   Objects  or  custom  programming  the  City  may  choose  to  implement  independently.     3. Credits  will  appear  as  a  negative  fee  on  the  Fee  tab.   C. Enforcement.   1. A  Hold  is  automatically  placed  on  any  Parcel  that  contains  Available  Credits.    A  Hold  is  automatically   released  when  Available  Credit  is  expended,  and  managed  by  Intelligent  Objects  that  trigger  when  a   record  is  saved.   2. A  Hold  will  be  manually  added  on  any  Parcel  that  is  associated  with  Structure  Objects  or  Suite   Objects  that  contain  Available  Credits.  Holds  do  not  currently  exist  on  Objects.  The  City  may  choose   to  independently  create  a  stored  procedure  to  automate  the  management  of  Parcel  Holds  based  on   conditions  involving  Objects.   3. The  addition  and  release  of  Holds  at  the  property  level  should  be  managed  through  the  use  of   Intelligent  Objects  (or  stored  procedures  as  noted  above.)     V. Object  Management  (Reconfiguration)   C6 - 20 6   A. Organization.   1. Residential  Rental  Units  will  be  tracked  as  Suite  Objects  attached  to  Permit  Cases.   2. Businesses  that  manage  Residential  Rental  Permit  Cases  will  be  associated  as  a  “Landlord”  Contact   Type.   3. Companies  doing  business  within  the  City  will  be  tracked—but  not  managed—as  Permit  Cases.   4. Structure  Objects  and  Suite  Objects  occupied  by  a  Company  will  be  associated  with  a  corresponding   Business  Permit  Case.   5. Conditions  for  occupying  a  Structure  Object,  Suite  Object,  or  Parcel  will  be  maintained  on  the   corresponding  Parcel.   6. Conditions  on  the  type  of  use  allowed  will  be  maintained  on  the  Parcels  and  may  be  configured  to   carry  down  to  new  Permit  and  Plan  Cases.   7. Conditions  do  not  currently  exist  on  Structure  Objects  or  Suite  Objects.  EnerGov  will  consider   implementing  the  ability  to  do  so  into  a  future  release  should  Tyler's  development  team  decide  to   do  so.   B. Inspections.   1. Annual  Rental  Property  Inspections  will  be  managed  through  Inspection  Cases  on  Residential  Rental   Permit  Cases  that  may  be  associated  with  Structure  Objects  or  Suite  Objects.   2. Annual  and  Biennial  Business  Occupancy  Inspections  will  be  managed  through  Inspection  Cases  on   Business  Occupancy  Permit  Cases  that  have  been  associated  with  Structure  Objects  or  Suite  Objects.   VI. Modules  not  included  in  the  Reconfiguration  effort   A. Projects   B. Code  Enforcement   C. Request  Management   D. Role  Setup     VII. Modules  to  be  removed  from  user  access   A. Business  Management       C6 - 21 7   Project  Phases  &  Estimated  Tyler  Resource  Hours:    Assess  &  Define  60   • New  Configuration  10   • Reconfiguration  50      Configuration  300      Software  Modifications  220   • New  Configuration  40   • Reconfiguration  180      Data  Services  60   • Reconfiguration  60      Report  Modifications  20   • Reconfiguration  20      User  Acceptance  Testing  80   • New  Configuration  20   • Reconfiguration  60      Training  (Train  the  Trainer)  80   • New  Configuration  20   • Reconfiguration  60      Go-­‐Live  Support  (no  charge)  80      Total  Estimated  Resource  Hours  600    Total  Estimated  New  Configuration  Effort  90  $13,410    Total  Estimated  Reconfiguration  Effort  430  $64,070    Total  Go-­‐Live  Support  Effort  80  per  contract  agreement    **  Resource  Rate  of  $149/hour  **    $77,480    Tyler  commits  to  provide  a  Resource  Rate  credit     of  up  to  $77,480.00            -­‐$77,480   SLO  Responsibility  Go  live  costs  per  Master  Customer  Agreement     DEFINED  DELIVERABLES  /  WORK  DESCRIPTION  (Project  Roadmap)   Assess  &  Define   The  Assess  and  Define  stage  involves  comprehensive  business  process  assessment  and  analysis,  change   management  assessment  and  systems  assessment  and  analysis.       C6 - 22 8   In  conjunction  with  the  Customer  representatives,  Tyler  shall  perform  the  following  tasks:     • Review  each  business  process  as  a  basis  for  configuration  of  the  system  configuration  /  workflow   engine.   • Refine  and  firm  the  project  plan  (in  cooperation  with  the  Customer  Project  Manager).   • Review  and  document  intake  requirements,  forms,  and  data  fields  for  each  business  stream/   process  type.   • Collect  and  document  fees,  fee  schedules,  and  collection  procedures  for  each  business  stream/   process  type.   • Collect  and  document  all  required  inspections  and  inspection  result  options  for  each  business   stream/  process  type.   • Determine  data  import  strategy  with  Tyler’s  Data  Services  team.   • Review  and  adjust  project  scope  (amend  SOW/Contract)  based  on  additional  findings,  if  necessary.   Collect  data  files  (and  any  available  data  diagrams)  needed  for  data  importation;  create/analyze   data  mapping  to  support  business  goals.   Tyler  Responsibilities:   • Provide  prompt  response  to  Customer's  request  for  information.   • Process  workflow  translation  -­‐  EnerGov  functional  and  system  configuration  requirements.   • Create  a  new  SharePoint  list  for  new  UAT  items.    (Close  out  previous  list.)     Customer  Responsibilities:   • Provide  prompt  responses  to  Tyler’s  request  for  information.   • Make  available  the  appropriate  Customer  key  users  (previously  defined)  and  content  experts  to   participate  in  the  business  process  analysis.   • Make  available  the  appropriate  files,  data  and  documentation  required  to  analyze  system   integrations  and  data  conversion.     • Where  available,  Customer  shall  provide  the  relevant,  documented  business  processes.  Where  not   available,  Customer  will  work  with  Tyler  to  comprehend  the  business  processes.  These  business   processes  will  be  process  mapped  and  used  by  Customer  as  the  basis  for  the  UAT.     Acceptance  Criteria:   § Review  and  acceptance  of  the  updated  project  plan.  Review  and  accept  any  final  system   development  services  assessments  that  were  previously  considered  pre-­‐analysis  estimates.       C6 - 23 9   Configure  &  Review   The  configure  and  review  stage  of  the  EnerGov  implementation  consists  of  configuring  the  EnerGov  system   around  the  requirements  collected  and  established  during  the  assess  and  define  stage.    Data  conversion,   creation  or  configuration  of  interfaces,  scripting  of  EnerGov's  IO  engine,  and  custom  report  development  are   also  an  integral  part  of  the  system  configuration  phase.       In  conjunction  with  the  Customer  representatives,  Tyler  shall  perform  the  following  tasks:     • Configure  the  EnerGov  .NET  Land  Mgmt  suite  around  the  requirements  collected  and  established   during  the  Assess  and  Define  phase.     • Develop  no  new  custom  reports.  (Additional  reports  may  be  purchased  on  an  hourly  basis.)   • Modify  any  of  the  previously  purchased  custom  reports.   • Perform  system  reviews  for  configuration  validation.   • Convert  the  FoxPro  legacy  data  into  the  Customer's  EnerGov  database       Tyler  Responsibilities:   • Provide  prompt  response  to  Customer's  request  for  information.   • Work  with  the  Customer  to  accurately  configure  EnerGov  .NET  Land  Mgmt  according  to  the   requirements  collected  and  established  during  the  Assess  and  Define  phase.   • Develop  data  mapping  utilities  that  will  properly  convert  data  into  the  EnerGov  database.   • If  additional  data  mapping  events  are  introduced  from  changes  in  original  scope,  a  change  order   may  need  to  be  processed  to  complete  further  data  mapping  activities.       Customer  Responsibilities:   • Provide  prompt  responses  to  Tyler’s  request  for  information.   • Make  available  the  appropriate  Customer  key  users  (previously  defined)  and  content  experts  to   participate  in  configuration  assessment  sessions  and  final  reviews.   • Work  with  Tyler  to  accurately  configure  EnerGov  .NET  Land  Mgmt  according  to  the  requirements   collected  and  established  during  the  Assess  and  Define  phase   • Provide  information  and  data  in  the  formats  specified  by  EnerGov    (SQL  Server  2000  or  Higher,   Access  97  or  Higher,  and  pipe  /comma  delimited  format)   • Make  available  the  key  users  for  data  mapping  from  the  current  systems  to  EnerGov.   • Data  scrubbing  if  required   • Allocate  the  time  for  qualified  business  and  technical  experts  for  the  data-­‐mapping  sessions  that   are  critical  to  the  project  success   • Update  the  EnerGov  fee  setups  to  reflect  the  current  fee  schedule  in  use  by  the  city.   • Sign  off  on  configuration  items.    The  list  below  will  serve  as  a  foundation  to  these  sign-­‐offs  and   may  items  more  be  added  as  needed.   o Districts   o Zones     o Address  Types   o Address  Drop-­‐downs  –  Street  types,  Pre  &  Post  Directions   o Task  Types  &  Default  Users   o Fee  Setup  Report   C6 - 24 10   o Type/Class  combinations   o Payment  Methods   o GL  accounts   o Conditions   o Holds???   o Holidays  &  Business  week/hours   o Attachment  groups  and  associated  modules   o Users:  Role  /  GIS  Map  /  Departments  /  Inspector  Types   o Roles  &  Associated  Users   o Inspector  type/inspection  type   o Hearing/Meeting  Types   o Contact  Account  Types   o Bond  Types   o Task  Types   o Module  specific  Record  Type  Statuses   o Fee  Deletion  and  Adjustment  reasons   o Billable  Rates  &  Time  Types   o Fee  Schedule   o Code/Code  category   o Violation  Status   o Violation  Priority   o Certification  Types  &  Classifications   o Inspection  Types  &  Checklists   o Valuation  Calculator   o Renewal  Case  Types   o Permit  Dimension  Categories   o Plan  Correction  Library   o Plan  Type/Submittal  Type   o Submittal  Type/Item  review  Type   o Request  Priority  &  Source   o Custom  Reports  List   o Contact  Types     Acceptance  Criteria:   § Review    and  acceptance  of  EnerGov  .NET  Land  Mgmt  suite  setup  and  configuration  -­‐  validate  that   the  content  accurately  reflects  the  desired  business  process  collected  and  defined  within  the   project  definition  document,  to  the  extent  possible  prior  to  Administrator  Training  &  Verification.   § Review  and  acceptance  of  the  data  conversion  delineated  above-­‐  validate  that  the  content   accurately  reflects  the  desired  business  process  collected  and  defined  within  the  project  definition   documentation,  to  the  extent  possible  prior  to  Administrator  Training  &  Verification.   § Review  and  acceptance  of  the  modified  custom  reports.     *  Administrator  Training  &  Verification  will  not  be  scheduled  until  all  sign-­‐offs  have  been  completed.   C6 - 25 11   Administrator  Training  &  Verification  (UAT)   This  phase  of  the  EnerGov  project  is  a  necessary  component  as  it  relates  to  administrative  knowledge  transfer   and  in  the  validation  of  the  system  configuration  /  due  diligence  of  systems  readiness  to  production  migration.   This  phase  also  helps  ensure  the  key  individuals  are  trained  and  the  Customer  has  the  capabilities  of  best   reacting  to  ongoing  and  future  changes  in  business  process  /  configuration  requirements  (post  production).     In  conjunction  with  the  Customer  representatives,  Tyler  shall  perform  the  following  tasks:     • System  overview  training  for  administrators  /  agency  testers     • Testing  and  system  validation  for  promotion  to  production       Tyler  Responsibilities:   • Provide  prompt  response  to  Customer’s  request  for  information   • Provide  5  (five)  man  days  of  onsite  administrator  training  &  acceptance  assistance.   • Coordinate  with  Customer  to  define  training  logistics  and  schedule.   • Provide  recommendations  on  testing  strategy,  scenarios  and  best  acceptance  practices   • Assist  the  City  in  the  User  Acceptance  testing  (UAT)  effort  and  the  validation  of  the  system   configuration  readiness  to  be  migrated  to  production  for  active  use.   • Resolve  issues,  problems,  or  concerns  as  a  result  of  User  Acceptance  Testing  activities.     Customer  Responsibilities:   • Provide  prompt  responses  to  Tyler’s  request  for  information.   • Select  and  prepare  system  admin/power  users  that  will  be  participating  in  training.   • Ensure  personnel  critical  to  the  success  of  the  project  (subject  matter  experts  /  key  power  users,   etc.)  are  present  and  available  to  participate  in  admin  training  and  testing.     • Dedicate  sufficient  testing  participation  time  to  complete  UAT.  The  Customer  acknowledges  that   the  time  commitment  may  exceed  40  hours  per  individual  involved  in  the  testing  portion  of  this   project.  Tyler  also  reserves  the  right  to  assign  project  personnel  to  additional  duties  until  the   Customer  has  fulfilled  testing  responsibilities.     • Use  testing  scenarios  as  the  basis  for  the  system  acceptance.   • Provide  facilities  suitable  to  training  and  testing  needs.   • Complete  reviews  for  all  business  processes;  post  issues  to  SharePoint;  upload  test  result  forms   for  all  business  processes  to  SharePoint     Acceptance  Criteria:   • Technical  training  shall  be  complete  when  training  session  man  days  are  fully  utilized.   • All  business  process  forms  have  been  posted  to  SharePoint.   • Tested  system  accepted  and  ready  for  production  environment  /  end  user  training.   *  End  User  Training  will  not  be  scheduled  until  all  UAT  sign-­‐offs  have  been  completed.         C6 - 26 12   End  User  Training  (Train  the  Trainer)   With  an  application  as  dynamic  and  configurable  as  EnerGov.NET,  it  is  imperative  that  an  equally  configurable   and  dynamic  training  program  be  provided  that  is  tailored  to  each  Customer’s  unique  business  processes,   workflows  and  terminology.  As  such,  Tyler  offers  adaptable  training  solutions  to  meet  the  needs  of  each  client.     Tyler  will  provide  a  modified  “Train  the  Trainer”  approach  of  specified  Customer  staff  (end  users,  power  users,   administrators,  etc.)  not  to  exceed  10  members.      Training  for  this  project  will  be  conducted  on-­‐site  by  Tyler   Implementation  team  and  will  consist  of  a  combination  of  One-­‐on-­‐One  training  &  Classroom  training.  Tyler’s   Project  Consultant  will  coordinate  the  training  plan  with  related  sessions  in  conjunction  with  the  Customer’s   Project  Manager.       The  objective  of  the  Train  the  Trainer  approach  will  be  as  follows:   • Familiarize  the  trainers  with  the  EnerGov  application  and  functionality   • Present  best  practices  for  teaching/training  challenging  topics  or  features   • Provide  the  necessary  documentation  to  be  used  for  end-­‐user  training.     In  conjunction  with  the  Customer  representatives,  EnerGov  shall  perform  the  following  tasks:     • Train-­‐the-­‐Trainer  Training  Sessions     Tyler  Responsibilities:   • Provide  5  (five)  man  days  of  End  User  /  Power  User  Training   • Provide  prompt  response  to  Customer’s  request  for  information   • Coordinate  with  Customer  to  define  training  logistics  and  schedule     Customer  Responsibilities:   • Provide  prompt  responses  to  Tyler’s  request  for  information.   • Ensure  personnel  critical  to  the  success  of  the  project  (subject  matter  experts  /  key  power  users,   etc.)  are  present  and  available  to  participate  in  admin  training  and  testing.     • Use  testing  scenarios  as  the  basis  for  the  end  user  system  training.   • Provide  facilities  suitable  to  training  needs.     Acceptance  Criteria:   • Technical  training  shall  be  complete  when  training  sessions  are  fully  utilized.     *  Tyler  reserves  the  right  to  invoice  the  Customer  for  all  training  services  on  a  weekly  basis  post  onsite  training  services   rendered.     *  Go-­‐Live  (Production)  will  not  commence  until  all  Training  phase  sign-­‐offs  have  been  completed.           C6 - 27 13   Production  /  Post  Production  Support   This  phase  of  the  EnerGov  project  is  comprised  of  onsite  Go-­‐Live  and  post  production  support  and  consultative   advice  immediately  following  the  Go-­‐Live  of  the  EnerGov  software.    This  is  also  a  transition  period  in  which  Tyler   will  transfer  from  the  project  team  to  the  EnerGov  account  services  (assigned  account  manager)  realm.       In  conjunction  with  the  Customer  representatives,  EnerGov  shall  perform  the  following  tasks:     • Comprehensive  Onsite  Go-­‐Live  and  Post  Production  Support   • Final  Data  Conversion  Cutover   • Transition  from  EnerGov  project  team  to  EnerGov  Account  Management     Tyler  Responsibilities:   • Provide  10  (ten)  man  days  of  Go-­‐Live  Support   • Provide  prompt  response  to  Customer’s  request  for  information.   • Coordinate  with  Customer  to  define  support  logistics  and  schedule   • Provide  on-­‐site  resources  to  support  the  move  to  Production  effort   • Provide  final  data  conversion  and  systems  validation   • Assist  with  issues  that  may  arise  related  to  the  deliverables  in  the  SOW  and  this  contract   amendment.     Customer  Responsibilities:   • Provide  prompt  responses  to  Tyler’s  request  for  information.   • Provide  technical  and  functional  user  support.   • Develop  and  maintain  a  post-­‐production  issues  list   • Ensure  personnel  critical  to  the  success  of  the  project  (subject  matter  experts  /  key  power  users,   etc.)  are  present  and  available  to  participate  in  the  go-­‐live.     Acceptance  Criteria:   • System  Go-­‐Live  shall  be  completed  when  the  software  is  moved  into  the  live  environment.   • Production  support  shall  be  complete  when  onsite  days  are  exhausted.   • Official  transition  from  Tyler  project  team  to  Tyler  Account  Management  performed.     *  Tyler  reserves  the  right  to  invoice  the  Customer  for  all  training  services  on  a  weekly  basis  post  onsite  production  and  post-­‐ production  support  services  rendered.           C6 - 28 14   ACCEPTANCE   Project  phases  are  dependent  on  completion  of  the  previous  phase  and  will  not  be  started  without  a  completed   sign-­‐off  for  all  previous  phases  of  the  project.    A  conditional  sign-­‐off  by  Customer  will  be  required  at  the  conclusion   of  each  project  phase  (Assess/Define,  Configure/Review,  UAT,  Training,  Go-­‐Live).    The  sign  off  at  the  conclusion  of   each  project  phase  shall  be  conditioned  on  the  Go-­‐Live  phase  being  acceptable  to  the  Customer.    The  services   contracted  for  in  this  SOW  will  be  considered  accepted  when  all  deliverables  defined  in  the  Deliverables  /Work   Description  section  have  been  unconditionally  accepted  by  Customer     STATEMENT  OF  WORK  SIGNATURE   Customer  acknowledges  that  it  has  read  this  SOW,  understands  it  and  agrees  to  be  bound  by  its  terms  and   conditions.  The  parties  agree  that  this  Agreement  cannot  be  altered,  amended  or  modified,  except  in  writing  that  is   signed  by  an  authorized  representative  of  both  parties.       ACCEPTED  BY:    ACCEPTED  BY:   Tyler  Technologies     Name:  Name:   Signature:  Signature:   Title:  Title:     Date:  Date:       C6 - 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C6 - 30 FROM: Steve Gesell, Chief of Police Prepared By: Melissa Ellsworth, Senior Administrative Analyst SUBJECT: FY 2014-15 GRANT APPLICATION FOR OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM RECOMMENDATION 1. Authorize the Police Department to submit a grant application to the Office of Traffic Safety for a FY 2014-15 Selective Traffic Enforcement Program (STEP) not to exceed $250,000. 2. If the grant is awarded, authorize the Chief of Police to execute all grant related documents and authorize the appropriation of the grant amount. DISCUSSION The California Office of Traffic Safety (OTS) provides grant funding to agencies every year. These programs are aimed at preventing deaths and injuries on our roadways through special enforcement and public awareness efforts. Grant funding will aid in the City’s ongoing effort to improve traffic safety and quality of life. Specifically, the OTS Selective Traffic Enforcement Program (STEP) grant will continue to provide funding for the night time DUI police officer for the San Luis Obispo Police Department for FY 2014-15. Currently, the department is receiving funding through an existing OTS AVOID grant for FY 2013-14 for this position which started on October 1, 2013. Overview of Position The grant funded position will be responsible for identifying areas where DUI incidents are prevalent and perform enforcement activities in these areas for the specific purpose of reducing DUI related incidents. Other patrol officers will still be expected to continue their own DUI enforcement as part of their regular patrol function while allowing additional specific DUI enforcement to occur by the DUI officer. The night time DUI Officer’s duties include, but are not limited to: 1. Enforcement of DUI related laws. 2. Provide DUI related training at briefings. 3. Provide support to Patrol in specific DUI related cases. 4. Participate in community outreach activities which could include public speaking as to the dangers of driving while intoxicated. 5. Track and maintain statistical data to meet the obligations of the grant and other 12-10-13 C7 - 1 Grant Application for OTS STEP Funding Page 2 departmental purposes. Grant Application The grant application is due on January 15, 2014. The following are a list of items the department will be including in the request for funding: 1. Salary and Benefits (for a period of 12 months) for the night time DUI police officer. 2. Overtime to fund department participation in the following: a. Two DUI Checkpoints b. Twenty Saturation Patrols c. Six Distracted Driving Enforcement Operations d. Twelve Traffic Enforcement Operations 3. Travel costs for a DUI Training Course and ARIDE (Advanced Roadside Impaired Driving Enforcement) Training 4. Equipment such as: a. Radio console for existing DUI trailer. b. LIDAR replacements for motorcycles. LIDAR is a remote sensing technology used by traffic officers to enforce speed limits throughout the City. c. Red Light Notification Devices, these are designed to assist traffic officers in apprehending red light violators. The light is attached to the back of a signal light and only becomes activated when the traffic light turns red. The officer observing can gain a better perspective of the intersection and any motorist who crosses the limit line after the light has turned red. CONCURRENCES The Director of Finance & Information Technology concurs with this recommendation. FISCAL IMPACT City matching funds are not required by the grant. Although grant funding is already secured for FY 2013-14; funding in subsequent years will be requested through the grant application process on an annual basis. Upon the conclusion of the grant, and if the department is not awarded grant funding in the following fiscal years, it is anticipated that the position would be absorbed into the department through attrition. ALTERNATIVE Council may direct staff not to submit an application. Staff does not recommend this alternative as funding will aid in the City’s ongoing effort to improve traffic safety and quality of life. The grant objectives are aimed at preventing deaths and injuries on our roadways through special enforcement and public awareness efforts. T:\Council Agenda Reports\2013\2013-12-10\FY 14-15 Grant Applicaion for Office of Traffic (Gesell-Ellsworth)\CAR OTS STEP Grant App 14- 15.docx C7 - 2 FROM: Daryl Grigsby, Public Works Director Prepared By: Robert Horch, Parking Services Manager SUBJECT: PARKING SERVICES DIVISION ORGANIZATIONAL ASSESSMENT REQUEST FOR PROPOSAL RECOMMENDATION 1. Authorize the issuance of a Request For Proposal (RFP) for consulting services to prepare an organizational assessment for the Parking Services Division; and 2. Authorize the City Manager to execute an agreement of up to $45,000 to perform the organizational assessment. DISCUSSION Background As part of the FY 2013-15 Financial Plan, Council approved an organizational assessment of the Parking Services Division (Attachment 1, Financial Plan Excerpt).The purpose of the organizational assessment is to look at existing operations, staffing, service levels, and to determine whether resources align with expectations and workload. The scope of work for the assessment includes: internal and external stakeholder interviews, review of documents and processes, comparisons with similar organizations and accepted parking service standards, analysis of existing and future parking demands, and a final report with recommendations for change. The final report will be the basis for any changes to operations, customer service, staffing levels, organizational structure, and parking services strategies moving forward. This report will be delivered in time to inform the 2015-2017 Financial Plan. Staff recommended this as part of the 2013-15 Financial Plan because the 2011 Public Works Department-wide organizational assessment did not include a comprehensive review of the Parking Division’s structure. In addition, there have been substantial changes and expansion of the workload within the Parking Division since the audit was completed. Below is a list of the changes that have occurred since the 2011 Public Works assessment. • Neighborhood parking enforcement expanded to seven days per week • Downtown parking enforcement expanded to Sundays • Installation and maintenance of 400 credit card compatible parking meters • Initiation of several major policy evaluations including regulation of oversized vehicle and how to manage shared parking in city-owned parking structures. For more information on changes and expansion of workload within the Parking Division please see Attachment 1: Financial Plan Excerpt, Parking Services Division Organizational Assessment. Meeting Date Item Number 12/10/13 C8 - 1 Parking Services Organizational Assessment RFP Page 2 Project Scope of Work The assessment will identify opportunities for improvements in each of the following general areas. More detail is provided in the attached Request for Proposal (Attachment 1).  Analysis and evaluation of the Division’s organizational structure  Effectiveness and capacity of parking operations and systems  Best management practices and accepted standards of comparable agencies  Existing and future customer service needs  Parking trend analysis  Supply and demand of parking in the downtown area  Recommendations for change CONCURRENCES The Human Resources Department has reviewed the RFP and concurs with the proposed scope of work. FISCAL IMPACT This organizational assessment is funded through the Parking Enterprise Fund and approved in the 2013- 2015 Financial Plan with an allocation of $45,000 for the assessment and $48,600 in temporary staffing in order to complete the assessment. ALTERNATIVES Do not approve the RFP and delay the assessment. The City Council could choose to defer the organizational assessment for the Parking Services Division. Staff does not recommend this alternative as the project was approved in the 2013-15 budget and temporary staff has been hired to assist with the assessment. In addition, the organizational assessment is timely because it will identify the resources needed for the division’s success and prepare for upcoming retirements. ATTACHMENTS 1. Financial Plan Excerpt, Parking Division Organizational Assessment SOPC 2. Request for Proposal t:\council agenda reports\2013\2013-12-10\rfp parking org assessment (grigsby-horch)\council agenda report draft.docx C8 - 2 SIGNIFICANT OPERATING PROGRAM CHANGE -TRANSPORTATION PARKING DIVISION ORGANIZATIONAL ASSESSMENT AND STAFFING RETENTION Summary of Change: 1.Conduct an organizational assessment of the ParkingServices divisionand 2. Add a temporary part-time position for 18 monthsin 2013-14 & 2014-15to support the workload of Parking Services until the organizational assessment can fully define needs for theprogram. Fiscal Impact: The Parking Services organizational assessment will cost theParking Enterprise Fund$45,000 in 2013- 14 and the staffing backfill will increase staffing costs by $32,400in 2013-14 and $16,200 in 2014-15. Service Level Impact: This recommendation provides foran assessment of Parking Services staffing levelsand addresses interim staffing needs pending the outcome of theassessment. KEY OBJECTIVES 1.Assessthe organizational structure of the Parking Services division to determine the adequacy of existing staff resources and opportunities for reorganization. 2.Plan for the eventual retirement of the Parking Services Manager and other long time Parking Services staff. 3.Provide temporary staff resourcestoassist Parking Services during the organizational assessment and assist with some of the dutiesand workload. EXISTING SITUATION: FACTORS DRIVING THE NEED FOR CHANGE The Parking Services division has essentially maintained the same level of full-time staffing in the last 15 years while the workload has increased. Notwithstanding the additional 0.5 FTE of Principal Transportation Planner added as part of 2011-13budget reduction strategies there have only been increases to part-time staff during the sameperiod. Unfortunately due to staffing shortagesin the Transportation divisionand unforeseen demands on transportation planning projects, the Principal Transportation Planner has been unable to provide 50% of the time onparking related projects. As a result there are inadequate resources to address the needs within Parking Services. Atemporary part-time position will provide assistance with an organizational assessment of Parking Services in addition to assisting withsome of the workloadidentified in this request.It is anticipated that the organization assessment of the ParkingServices Division will be completed in 18 months with recommendations for staffing from that point forward. The temporary position will assist the Parking Managerwith the organizational assessment and other duties such as: a.Attending and representing the City at stakeholdermeetings with groups such as Residents for Quality Neighborhood meetings, Neighborhood Services meetings(increased by Neighborhood Wellness Major City Goals), etc. b.Assistingwith the processing of new Residential Permit Parking District applications. c.Providing assistancewith Railroad Square parking agreements, parking plan, and enhancements to the parking area. d.Assisting with the managing ofparking leases including 4office leases at the Marsh Street Structure, residential leases for 5 units around parking Lot 14 (future location of the Palm Nipomo parking structure, trash leases in parking Lot 2, and the 5 to 6 Railroad Square parking service area leases. e.Developing ordinances and resolutions to address such things as new surcharges on parking fines and new State mandated rules on parking at broken meters. f.Assisting with project management for planned projects, emergency projects, and otherspecial duties. Planned projects include parking lot resurfacing, the Marsh Street expansion painting project, fire alarm testing, 919 Palm Street structure stairwell retrofit, parking structure access control upgrades to explore credit card acceptance, expanding the installation of the credit card meters downtown. g.Assistingwith budget preparationand analysis. C8 - 3 SIGNIFICANT OPERATING PROGRAM CHANGE -TRANSPORTATION PARKING DIVISION ORGANIZATIONAL ASSESSMENT AND STAFFING RETENTION Over the last 15 years the organizational structure of the Parking Services division has remained largely unchanged aside from a part-time enforcement position for weekend enforcement added as part of the Neighborhood Wellness Goaland the 0.5 FTE of the Principal Transportation Planner. However, over that same time period there have been substantial changes in the function and scale of the division. The most notable changes include: 1.Constructionand operation of 341new parking spaces in the Marsh Street Structure Expansionand Parking Lot 4 beneath the expansion. 2.The development and oversight of 2,000s.f. of office space and public restrooms constructed as part of the Marsh Street expansion. 3.Construction and operation of 242new parking spaces in the 919Palm Street Structure. 4.Planning and design on the proposed parking structures at Nipomo and Palm. 5.The purchase and oversight of five dwelling units located within the Palm Nipomo parking structure project area. 6.The management and oversight of 134 new parking spaces as part of the Railroad Transportation Center development and 16new parking spaces as part of Phase 1 of the Chinatown development.The addition of 5 new parking districts which added supportfor 400 additional households. 7.The development and implementation of the Access and Parking Management Plan. 8.Neighborhood parking enforcement expanded to seven days a week. 9.Downtown parkingenforcement expanded to Sundays. 10.The installation and maintenance of 400 credit card accepting parking meters. 11.An increase of more than 100%in parking appealssince 2000(918 parking appeals in 2000 to 2,200 in 2013). 12.An increase ofmore than 200%in citation hearings since 2000(44 citation hearings in 2000 to 150 in 2013). 13.The Parking Services Manager being responsible for the Parking Enterprise Fund budget and analysis. 14.The Parking Services Manager assigned the “Downtown Champion” role adding public relations for all things relating to the downtown. Staff is proposing an organizational assessment of the Parking Division in 2013-14to thoroughly evaluate staffing levels and identify any opportunities for reorganizationand efficiencies. In the interim,staff is recommending that a temporarypart-timeposition (City Worker 13)befunded for an 18-monthperiod.This position will assist the Parking Manager and assist with projectmanagement. Parking Organization Assessment Why recommend an organizational assessment of the Parking Division so soon after the 2011 Public Works performance audit? Overall staff is recommending this assessment because the 2011 audit did not provide a comprehensive organizational assessment specific to the Parking Divisionand there have been substantial changes and expansion of the workload within the Parking Division since the audit was completed. The 2011 audit was a management and performance study of the entire Public Works Department and due to that extensive scope it was limited to only a cursory review of the Parking Services division within the context of the whole Department. The performance audit did provide valuable procedural recommendations such as having finance conduct a “spot audit” of cash handling, using high security locks for parking meters, and consideringthe use of pay stations for the downtown. However, with the number of parking meters, structures, and citations as the only measures used to evaluate the organizational structure a comprehensive organizational analysis specific to the Parking Services division was not provided. Most importantly, since the audit was completed there have been substantial changes in the fundamental duties and operations of the Parking Services Division. In 2011 after the Matrix study was completed the Parking Services operating hours were expanded to evenings along with of the scope of duties being expanded to neighborhoods. In addition in 2012 the operating hours were also expanded to Sundays. The combination of these twochanges has resulted in the Parking Services Division evolving into a 7 days a weekoperation absent an evaluation of the cumulative effects on operations and organizational structure. C8 - 4 SIGNIFICANT OPERATING PROGRAM CHANGE -TRANSPORTATION PARKING DIVISION ORGANIZATIONAL ASSESSMENT AND STAFFING RETENTION GOAL AND POLICY LINKS 1.2013-15Major City Goal for Neighborhood Wellness 2.Parking & Access Management Plan 3.Revenue Management Operating Program 4.Parking Management & Demand Reduction Operating Program 5.City of San Luis Obispo Municipal Code Titles 10 & 12 6.California Vehicle Code Sections40200 -40230 PROGRAM WORK COMPLETED The Principal Transportation Planner position has already been partially functioning in the capacity recommended as part of the 2011-13Financial Plan. ENVIRONMENTAL REVIEW There are no constraints or environmental review requirements. PROGRAM CONSTRAINTS AND LIMITATIONS This SOPC request will require additional funding within the Parking Enterprise Fundand a temporary position will be more difficult to retain than a permanent position.Additionally, hiring apart-time temporary City Worker position will place additonal oversight and supervision responsibilitieson the Parking Manager. Finally, a part time position will be more limited in the responsibilities the position can assume due to limited work hours. STAKEHOLDERS City residents, business owners, motorists, and the Downtown Association are stakeholders in this request. In addition an organizational assessment will require assistance from the Human Resources Department. IMPLEMENTATION Task Date 1.Issue RFP for Parking Services division organizational assessment 2.Recruit for a part-time temporary City Worker 13 in the Parking Services division August2013 July 2013 3.Hire part-time temporary City Worker 13in Parking Services divisionSeptember 2013 4.Hire consultant for the Parking Services organizational assessment 5.Present recommendations October 2013 May 2014 KEY PROGRAM ASSUMPTIONS 1.Parking Fundfinancial support within the Parking Services division. 2.Qualified applicantsfor contract staff position and the Parking Services organizational assessment. 3.Re-definedDowntown Champion dutiesare reassigned to the Assistant City Manager in orderfor the Parking Managertoassist with the organizational assessment and supervise the part-time temporary City Worker 13. 4.Hiring a temporary part time position will only be an interim solution toaddress current staffing shortages in the division and therefore this request doesnot provide for the ability to take on dutiesbeyond those outlinedabove. C8 - 5 SIGNIFICANT OPERATING PROGRAM CHANGE -TRANSPORTATION PARKING DIVISION ORGANIZATIONAL ASSESSMENT AND STAFFING RETENTION PROGRAM MANAGER AND TEAM SUPPORT Program Manager: Parking Services Manager Project Team: Public Works Administration, Parking Services,and Human Resources ALTERNATIVES 1.Continue the Status Quo.No additional staffing could be hired until after the organizational assessmentand/orno organizational assessment undertaken. However this is not recommended because the existing situation is not providing the resources needed for the division to be successful. 2.Defer or Re-Phase the Request.These changes could be deferreduntil a later date. This would prolong improving the division’s organizationand not prepare the division for upcoming retirements. 3.Implementation in a Different Way.Instead of hiringatemporary part timeposition, the position could be filled as a full time contract benefited position.This alternativemay result in a better pool of applicants, but would be at an increased cost to the Parking Fund. 4.Existing Program Evaluation.An evaluation of the existing program is being recommended as part of this SOPC. OPERATING PROGRAM 50600-Parking Enterprise Fund COST SUMMARY The Parking Enterprise Fund organizational assessment will have a one-time cost of $45,000 in 2013-14.Staffing a part- time temporary position for a period of 18 months will cost$32,400 in 2013-14 and $16,200 in 2014-15. PARKING ENTERPRISE FUND (510) Line Item Description Account No.2013-14 2014-15 Staffing 32,400 16,200 Temporary Salaries 50600-7012 31,800 15,900 Medicare 50600-7044 500 200 Unemployment Insurance 50600-7046 100 100 Contract Services 45,000 0 Contract Services (Org Assessment)50600-7227 45,000 0 Total Operating Costs 77,400 16,200 C8 - 6 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Finance Department, 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for ORGANIZATIONAL ASSESSMENT OF THE PARKING SERVICES DIVISION PER SPECIFICATION NO. 91282 The City of San Luis Obispo is requesting proposals from qualified vendors to conduct an organizational assessment of the Parking Services Division per Specification No. 91282. All proposals must be received in hard copy by 5:00 P.M. on January 31, 2014 to 990 Palm Street, San Luis Obispo, CA 93401 Attention: Traci Kawaguchi. Proposals received after said time will not be considered. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained for free on the City’s Web site at www.slocity.org/publicworks/bids.asp or by contacting Alexander Fuchs at afuchs@slocity.org or by phone at (805) 781-7553. C8 - 7 Specification No. 91282 TABLE OF CONTENTS A. Description of Work 1 Project Overview Background Project Strategy Scope of Services Deliverables Desired Consultant Qualities B. General Terms and Conditions 8 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 13 Contract Term Estimated Quantities Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Unrestrictive Brand Names Start and Completion of Work Accuracy of Specifications D. Agreement 19 E. Insurance Requirements 21 F. Proposal Submittal Forms 23 Proposal Submittal Summary Proposal Submittal Summary Alternative References Statement of Past Contract Disqualifications G. Bidder List 29 H. Appendix A 30 I. Appendix B 31 C8 - 8 3 Section A DESCRIPTION OF WORK PROJECT OVERVIEW The City of San Luis Obispo’s Parking Services Division is seeking a consultant to perform an objective organizational assessment to determine the adequacy of existing staff resources and opportunities for reorganization. Specifically, the Division is interested in determining what aspects of the organizational structure need adjustment in order to continue to provide a high level of service that meets City Council and City residents’ expectations. The ideal consultant will have extensive experience specific to parking services and enforcement such as parking structures, on-street parking meters, surface parking lots, and residential parking district management, operations, and maintenance. Also the ideal candidate will have experience with staffing requirements for parking citation adjudication. The Division has maintained the same staffing level over the last 15 years while the workload has increased significantly. There will continue to be service and workload increases in the future including a new parking structure that requires staffing analysis. Ensuring the Division is appropriately structured to continue to provide a high level of service and respond effectively to a changing environment is critical to its long-term success. To date, there has never been an organizational assessment conducted specific to the City’s Parking Services Division. Staff from Parking Services Division and the Public Works Department will provide technical liaison support to the consultant. BACKGROUND The City of San Luis Obispo is a charter city governed by a five-member City Council and is organized into a Mayor-Council-City Manager form of municipal government. The City of San Luis Obispo is dedicated to the best use of resources to fulfill identified community goals and needs. The mission of the Parking Services Division is to provide equitable and high-quality parking services to the citizens, visitors, and businesses in the City of San Luis Obispo. Public parking organized in the City of San Luis Obispo in 1947 when parking meters were first introduced. In 1975, the Parking Enterprise Fund was established to account for parking revenues and expenditures separate from the General Fund. The main management and enforcement of parking was moved from the Police Department to Public Works Department under Transportation and Development Review in the 1980s. Since that time the management, operation, and substantial enforcement of parking has been its own division. The Parking Services Division includes 22.0 full-time equivalent (FTE) staff, 12.0 of which are temporary parking attendants while the remaining are administrative staff. A copy of the Parking Services Division’s organizational chart is attached to this RFP (See Appendix A). The 10.0 FTE administrative staff includes a 0.5 FTE Principal Transportation Planner that was added during the FY 2011-13 Budget and a 0.5 FTE part-time temporary Assistant to Parking Services Manager added in current budget to assist with this assessment. A copy of the Significant Operating Program Change (SOPC) document for the organizational assessment and staffing retention is attached to this RFP (See Appendix B). C8 - 9 4 Parking Services Major Functions The Parking Services Division is principally a vertically integrated division with all of the major functions listed below performed almost entirely by in -house employees. The Division performs five major functions: (1) compliance and enforcement, (2) revenue management, (3) maintenance, (4) structure operations, and (5) parking management and demand reduction. Parking management and demand reduction is different from the other major functions in that it focuses on the development of new parking strategies while the former four major functions focus on implementation of existing parking strategies. Compliance and enforcement refers to the patrolling of on-street and off-street parking including the downtown, residential permit districts, Railroad Square district, and the overall city as well as the issuance of citations. Compliance and enforcement is currently accomplished by three full- time Parking Enforcement Officers and two part-time Parking Enforcement Officers. Aside from compliance and enforcement, Parking Enforcement Officers duties also include reporting damaged or broken parking meters, patrolling parking structures, and assisting the public with parking and non-parking related issues. Revenue management refers to the collection and adjustment of fees and fines pertaining to parking meters, citations, parking permit sales, and lease payments. These functions are currently performed by various Division employees and an outside contractor. Maintenance refers to any and all repairs that may occur during the lifetime of parking meters and parking structures including janitorial maintenance. Parking meter repair is performed by 1.0 FTE Parking Meter Repair Worker and two outside contractors. Parking structures are maintained by 1.0 FTE Parking Coordinator, 10.5 FTE Parking Attendants, and four outside contractors. Structure operations refer to all functions involved in operation of City parking structures including: collection of fees, scheduling of parking booth staff, equipment maintenance, elevator maintenance, deck sweeping, janitorial services, landscape maintenance, and various other functions. Structure operations are overseen by the Parking Coordinator. Parking management and demand reduction refers to development and implementation of strategies for the use of existing and future parking spaces including the management of shared parking in city-owned parking structures. Parking management and demand reduction is handled primarily by the Parking Services Manager through inter-departmental coordination. The Parking Services Division administrative staffs have a relatively wide range of duties whereby one employee will be involved in several of the major functions described above. The purpose of the major functions of the Parking Services Division is to implement the Parking Management goals, policies, and actions set forth in the Access and Parking Management Plan. The Access and Parking Management Plan, amended in 2011, is a program under the Parking Management section of the City of San Luis Obispo’s General Plan Circulation Element, adopted in 1994 and revised in 2006. The Circulation Element is currently being updated; however, the update process is not expected to significantly affect the Parking Services Division’s operations or functions. C8 - 10 5 Existing Conditions Parking Services Division is responsible for on-street and off-street public parking facilities including: 13 parking lots, 3 parking structures, 8 residential parking permit districts, and over 1,500 parking meters on-street and in parking lots/structures. Table 1.1 below gives a complete inventory of all the parking facilities. Parking Services Division also oversees 15,000 sq. ft. of retail space, 2,100 sq. ft. of office space, and three residential parcels that total 22,000 sq. ft. There is an additional surface parking lot owned by the Division however, the lot is comprised of only six parking spaces and is currently leased for use by the adjacent commercial property for a monthly fee. Table 1.1: Parking Facilities Parking Inventory Surface Lot Parking # of Spaces # of Metered Spaces 13 lots 788 392 Structure Parking # of Spaces # of Metered Spaces 3 structures 1,177 0* On-Street Parking # of Spaces # of Metered Spaces 16 streets in downtown and environs adjacent to downtown 1,125 1,125 Total # of Parking Spaces 3,090 1,517 Permit Inventory Residential Permit Parking Districts # of Households # of Permits 8 parking districts 756 1,512 *Surface parking lot #4 is located on the 1st floor of the Marsh St. parking structure; however, the metered spaces are not counted as parking structure spaces but as surface lot spaces. Future Development in the Downtown Area Currently, there are six approved developments in the downtown area: (1) Garden Street Terraces project, (2) Chinatown project, (3) Pacific Courtyards, (4) Monterey Place aka Leitcher House, (5) Marsh Street Commons, and (6) 590 Marsh St. aka Foster’s Freeze. The Marsh Street Commons is the only project under construction, the rest of the projects are in various stages of development and/or approvals. The Garden Street Terraces project will be constructed on existing surface lot #2 and the Chinatown project will be constructed on existing surface parking lots #3 and #11. This will eliminate an estimated 212 surface parking lot spaces, 204 of which are metered spaces. The other projects would not eliminate any existing public parking but they will increase the demand for parking downtown. City Council has approved the construction of a new parking structure at the corner of Palm Street and Nipomo Avenue where surface parking lot #14 is currently. The parking structure will add an estimated 445 parking spaces but existing lot #14 contains 79 total spaces which means there will be a net increase of 366 parking spaces. According to the Parking Enterprise Fund’s FY 2013-15 Financial Plan, construction of the new parking structure is projected to begin during the 2017-18 fiscal year. The City has yet to move forward with the environmental review and construction of the new parking structure due to the unknown aggregated future demand for parking services in the downtown area. C8 - 11 6 PROJECT STRATEGY Organizational Analysis The consultant will review the Parking Services Division organization, structure, and work processes. The consultant will assess the Parking Services Division to determine whether resources align with expectations and workload. Furthermore, the consultant will determine if resources are appropriately distributed to meet expectations, workload requirements, and personnel competencies are properly organized to efficiently carry out responsibilities. The consultant will conduct interviews, review documents and processes, make comparisons with comparable organizations or standards, and compile the information into a final report with strategies for improvement. Ensure Involvement of Stakeholders/On-Site Meetings The consultant shall perform face to face interviews and meetings with City personnel from Parking Services, Administration, Community Development, Public Works, and Human Resources. The consultant must be present at least one public meeting regarding the Parking Services Division’s organizational assessment in order to answer questions and provide technical information. Parking Services staff will provide a list of stakeholders that should be invited to any and all public meetings. The consultant must also be present at one City Council Meeting when the Parking Services Division presents the organizational assessment report findings and recommendations to City Council. The consultant will be required to prepare meeting materials in advance of all meetings. All associated costs for on-site interviews and meetings including and not limited to travel, lodging and incidental must be included in cost of services. SCOPE OF SERVICES The consultant is expected to propose their own scope of services as part of their proposal; however, Parking Services Division has identified certain issues of particular interest which should be viewed as a starting point for proposers’ scopes of services. Below is an outline of those issues. The consultant will also be responsible for schedules, budgets, progress reports, and invoicing over the course of the assessment. 1. Organizational Structure and Management a. Analyze and evaluate the organizational structure of the Parking Services Division including: i. Reporting relationships ii. Span of control for each staff person iii. Whether staffing levels are adequate to meet the existing service level needs of the residents and visitors of San Luis Obispo. iv. If staff professional skills are adequate to perform Parking Services duties v. Whether workload for existing staff is distributed properly vi. Whether job title and job description of staff accurately reflects the duties performed vii. Whether the workload necessitates an additional full-time management position b. Review and comment on the organizational structure and management of up to five (5) comparable parking agencies C8 - 12 7 c. Makes recommendations regarding organizational restructuring that will improve service levels and efficiency of the Division 2. Operations and Systems a. Determine if the existing Parking fund has the capacity to retain additional part- time and/or full-time staff(s) b. Identify future operational staffing needs in the context of anticipated future/planned development in the downtown area including the Palm Nipomo Structure c. Evaluate existing parking systems to examine their effectiveness d. Identify the extent to which new technologies can improve efficiency and customer service e. Propose new equipment/technology that will open staff to be utilized elsewhere in the organization f. Prepare recommendations for inclusion in the FY 2015-2017 Financial Plan 3. Best Management Practices and Performance Measures a. Identification of performance measurement tools for each major operation b. Assess organizational activity and include benchmarking against accepted standards and up to five (5) comparable parking agencies 4. Customer Service a. Review opportunities to better meet the current and future service needs of the community b. Assess cash management practices specifically, how Parking Services receives payment for parking permits and parking citations c. Review opportunities for cost reductions without reduction in service 5. Trend Analysis a. Analyze current and future supply and demand for parking in downtown San Luis Obispo b. Analyze parking trends and needs in the context of anticipated future/planned development in the downtown area including when the next parking structure will be needed. 6. Recommendations for Change a. Develop an implementation strategy plan based on assessment findings and recommendations b. Present prioritized recommendations for change to City staff c. Recommendations will have specific timeline to start and complete, a responsible party, estimated cost, and funding source d. Items should be ranked in priority order and separated into short-term (1-2 years), mid-term (3-4 years), and long-term (5-7 years) changes C8 - 13 8 DELIVERABLES The consultant’s services will include, but are not limited to, the following: Phase I: February 2014 – April 2014 1. Kick-off meeting with Parking Services 2. Draft approach plan to complete the work which will include: scope of services, project timeline, stakeholder input schedule, and budget 3. Review, analysis, and evaluation of existing conditions of the Division 4. Begin stakeholder input meetings Phase II: May 2014 – September 2014 1. Development of best management practices and performance metrics 2. Analysis of existing and future parking trends and needs 3. Completion of stakeholder input and incorporation of input into project deliverables 4. Preparation of recommendations for change (short-term and long-term items) 5. Draft written report Phase III: October 2014 – December 2014 1. Final written report including implementation strategy plan 2. Presentation of final written report to City Council 3. Post-presentation consultation regarding implementation strategy plan (if necessary) Draft and final written reports will include: • Executive summary • Purpose and review of scope of services • Existing conditions • Assessment of organizational structure • Best management practices and performance measures • Trends Analysis • Findings • Conclusions and recommendations • Implementation strategy plan • Appendices BUDGET Total project budget of $45,000. Proposals shall not exceed the project budget. Optional tasks may be proposed if necessary to stay within budget. C8 - 14 9 DESIRED CONSULTANT QUALITIES The consultant must have experience with municipalities that includes the following: 1. A proven track record analyzing the operations of municipal parking services organizations resulting in the development and implementation of recommendations that have improved the long-term effectiveness and efficiency of operations. 2. Specific knowledge and understanding of public parking operations, staffing, and associated service levels. 3. Experience and expertise in identifying and assisting to implement recommendations in organizations where many or all employees are subject to employee collective bargaining agreements and civil service rules. 4. A demonstrated capability and commitment to assisting the implementation of identified recommendations. C8 - 15 10 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. All proposals must be received in hard copy by 5:00 P.M. on January 31, 2014 to 990 Palm Street, San Luis Obispo, CA 93401 Attention: Traci Kawaguchi. Bidders must include 5 hard copies of the proposal with only 1 sealed itemized cost sheet separate from the proposal copies. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. C8 - 16 11 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. C8 - 17 12 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. The Contractor shall obtain a City of San Luis Obispo Business License. 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. C8 - 18 13 26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall scope of work. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a C8 - 19 14 full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. C8 - 20 15 Section C SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The services identified in this specification will be provided to the City between February 2014 and December 2014. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional 90 days. During this extended period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers (CPI-U), from March to March. 7. Estimated Quantities. The quantities indicated in the Detail Proposal Submittal Form are estimates based on past purchasing experience, and will be used to determine the lowest overall proposal. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 8. Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. C8 - 21 16 9. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by up to 20 cost centers, with attached copies of work order forms or detail invoices (standard color or copy to be agreed upon) as supporting detail. 10. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 11. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 12. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this IFB or RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 30 days after authorization to proceed by the City. 13. Start and Completion of Work. Work on this project shall begin within 15 calendar days after contract execution and shall be completed within 365 calendar days thereafter. 14. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% shall be subject to negotiation with the Contractor. 15. Recycled Products. A ten percent preference, not to exceed one thousand dollars per contract, will be given to recycled products. The fitness and quality of the recycled product must be at least equal to un-recycled products as determined by the City. The preference percentage shall be based on the lowest price quoted by the supplier or suppliers offering non-recycled products. Price preferences may be offered in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled product or material will result in greater long-term savings to the City. 16. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the IFB/RFP package. 17. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the IFB/RFP package. 18. State Cooperative Purchasing Program. The City of San Luis Obispo participates in the State Cooperative Purchasing Program. As such, the City can purchase the items described in Section A through this program. Accordingly, the City will purchase from the State or the lowest responsible, responsive proposer, after allowing adjustments for the cost of pickup and/or delivery from the State, adjustments for after-market modifications, and adjustments for sales tax from local dealers, as it determines to be in its best interest. C8 - 22 17 19. Proposal Content. Your proposal must include the following information: Submittal Forms a. Acknowledgement b. Proposal submittal summary (Sealed in a separate envelope from other submittal forms) c. Certificate of insurance d. References from at least three firms for whom you have provided similar services e. Proposed Services f. Statement of Past Disqualifications g. Certification of consultant Qualifications h. Experience of your firm in performing similar services for Parking Services organizations i. Experience of the staff to be assigned to the project in performing similar services j. Redundancy in the company of staff experienced in this type of work k. Resumes of the individuals who would be assigned to this project, including any known sub-consultants l. Proximity and staffing levels of the nearest company office m. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project n. Detailed list of services available directly from the company o. Standard hourly billing rates for the assigned staff, including any sub-consultants. Work Program p. Description of your approach to completing the work. q. Tentative schedule by phase and task for completing the work. r. Estimated hours for your staff by name in performing each major phase of the work, including sub-consultants. s. Services or data to be provided by the City. t. Any other information that would assist us in making this contract award decision. Compensation u. Proposed compensation and payment schedule tied to accomplishing key tasks. Proposal Length and Copies a. Proposals should not exceed 35 pages, including attachments and supplemental materials. b. The minimum font size is 11 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches. c. Charts and other short form approaches to convey information are encouraged. 2. Proposal Submittal a. Proposals must be received in hard copy by 5:00 P.M. on January 31, 2014 to 990 Palm Street, San Luis Obispo, CA 93401 Attention: Traci Kawaguchi in the format C8 - 23 18 described in the RFP specifications and accompanied by any other required submittals or supplemental materials. 3. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. References. g. Background and related experience of the specific individuals to be assigned to this project. h. Proposed compensation, broken down by staff with an estimate of supplies needed to provide the scope of services. Lump sum proposals will not be considered. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals, finalists may be invited to give a brief presentation on their proposal as well as a panel interview with City staff. The City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 4. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 12/12/13 b. Receive proposals 1/31/14 c. Complete proposal evaluation 2/10/14 d. Conduct finalist interviews 2/17/14 e. Finalize staff recommendation 2/19/14 f. Award contract 2/19/14 g. Execute contract 2/21/14 h. Start work 2/24/14 5. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 6. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 7. Copies of Reports and Information. If the City requests additional copies of reports, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. C8 - 24 19 8. Required Deliverable Products. The Contractor will be required to provide: a. 10 copies of organizational assessment and strategic plan addressing all elements of the scope of work. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b. One camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction. c. When computers have been used to produce materials submitted to the City as a part of the scope of work, the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: • Word Processing Word • Spreadsheets Excel • Desktop Publishing InDesign • Computer Aided Drafting (CAD) AutoCAD Computer files must be on 3½", high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. Alternatively, files may be emailed to the City. 9. Attendance at Meetings and Hearings. As part of the scope of work and included in the contract price is attendance by the Contractor at up to 2 public meetings, not including one City Council meeting, to meet with stakeholders and to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing scope of work tasks. These can be done through effective use of information technology. 10. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. 11. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the proposer and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the proposer. An ambiguity or defect shall be considered patent if it is of such a nature that the proposer, assuming reasonable skill, ability and diligence on its part, knew or should have known C8 - 25 20 of the existence of the ambiguity or defect. Furthermore, failure of the proposer or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful proposer to achieve the project’s objective or standard beyond the amounts provided there for in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. C8 - 26 21 Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on February 21, 2014 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [VENDOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on December 12, 2013, City invited requested proposals for an organizational assessment per Specification No: 91282. WHEREAS, pursuant to said invitation, Contractor submitted a proposal for consulting services that was accepted by City for said organizational assessment and development of a strategic plan for the Parking Services Division. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. INCORPORATION BY REFERENCE. City Specification No. 91282 and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City’s specification and this Agreement and the Contractor’s proposal, the terms of the City’s specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor a fixed fee compensation in a total sum not to exceed $45,000. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification and provide services as described in Exhibit [ ] attached hereto and incorporated into this Agreement. C8 - 27 22 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Name Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ________________________________ By: _____________________________________ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney C8 - 28 23 Section E INSURANCE REQUIREMENTS Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C8 - 29 24 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. C8 - 30 25 Section F PROPOSAL SUBMITTAL FORMS PROPOSAL SUBMITTAL SUMMARY The undersigned declares that she or he has carefully examined Specification No. 91282, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: PROPOSAL ITEM: Organizational Assessment of the Parking Services Division 1. Organizational Structure and Management phase price 2. Operations and Systems phase price 3. Best Management Practices and Performance Measures phase price 4. Customer Service phase price 5. Trend Analysis phase price 6. Recommendations for Change phase price Total Costs Other: TOTAL $  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date C8 - 31 26 PROPOSAL SUBMITTAL BID ALTERNATIVE-Additional Meeting(s) PROPOSAL ITEM: This bid alternative is for any additional ON-SITE meeting not covered in this RFP. This alternative will be used if any additional meetings are requested by the City of San Luis Obispo. This proposal should include all costs, including but not limited to, travel, lodging, and incidentals. Total Costs Other: TOTAL $  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date C8 - 32 27 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome C8 - 33 28 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Representative C8 - 34 29 Section G PROPOSED BIDDER LIST Bidder # Company Name Contact Email 1 CDM Smith Bill Hurrell hurrellwe@cdmsmith.com 2 Parking Design Group LLP David Vogel david@parkingdesigngroup.com 3 JR Parking Consultants LLC Janice Rhodes jyrhodes@gmail.com 4 Walker Parking Consultants Steffen Turoff steffen.turoff@walkerparking.com 5 Kimley-Horn Dennis Burns dennis.burns@kimley-horn.com 6 Carl Walker Mathew Inman minman@carlwalker.com 7 Nelson Nygaard Patrick Siegman psiegman@nelsonnygaard.com 8 Marlyn Group LLC Vicki Pero vpero@marlyngroupllc.com 9 Walter P. Moore Jacob Gonzalez jgonzalez@walterpmoore.com C8 - 35 30 Section H APPENDIX A City of San Luis Obispo Parking System Organization Parking Services Division Organization Chart C8 - 36 31 Section I APPENDIX B SIGNIFICANT OPERATING PROGRAM CHANGE – TRANSPORTATION PARKING DIVISION ORGANIZATIONAL ASSESSMENT AND STAFFING RETENTION Summary of Change: 1. Conduct an organizational assessment of the Parking Services division and 2. Add a temporary part-time position for 18 months in 2013-14 & 2014-15 to support the workload of Parking Services until the organizational assessment can fully define needs for the program. Fiscal Impact: The Parking Services organizational assessment will cost the Parking Enterprise Fund $45,000 in 2013- 14 and the staffing backfill will increase staffing costs by $32,400 in 2013-14 and $16,200 in 2014-15. Service Level Impact: This recommendation provides for an assessment of Parking Services staffing levels and addresses interim staffing needs pending the outcome of the assessment. KEY OBJECTIVES 1. Assess the organizational structure of the Parking Services division to determine the adequacy of existing staff resources and opportunities for reorganization. 2. Plan for the eventual retirement of the Parking Services Manager and other long time Parking Services staff. 3. Provide temporary staff resources to assist Parking Services during the organizational assessment and assist with some of the duties and workload. EXISTING SITUATION: FACTORS DRIVING THE NEED FOR CHANGE The Parking Services division has essentially maintained the same level of full-time staffing in the last 15 years while the workload has increased. Notwithstanding the additional 0.5 FTE of Principal Transportation Planner added as part of 2011-13 budget reduction strategies there have only been increases to part-time staff during the same period. Unfortunately due to staffing shortages in the Transportation division and unforeseen demands on transportation planning projects, the Principal Transportation Planner has been unable to provide 50% of the time on parking related projects. As a result there are inadequate resources to address the needs within Parking Services. A temporary part-time position will provide assistance with an organizational assessment of Parking Services in addition to assisting with some of the workload identified in this request. It is anticipated that the organization assessment of the Parking Services Division will be completed in 18 months with recommendations for staffing from that point forward. The temporary position will assist the Parking Manager with the organizational assessment and other duties such as: a. Attending and representing the City at stakeholder meetings with groups such as Residents for Quality Neighborhood meetings, Neighborhood Services meetings (increased by Neighborhood Wellness Major City Goals), etc. b. Assisting with the processing of new Residential Permit Parking District applications. c. Providing assistance with Railroad Square parking agreements, parking plan, and enhancements to the parking area. d. Assisting with the managing of parking leases including 4 office leases at the Marsh Street Structure, residential leases for 5 units around parking Lot 14 (future location of the Palm Nipomo parking structure, trash leases in parking Lot 2, and the 5 to 6 Railroad Square parking service area leases. e. Developing ordinances and resolutions to address such things as new surcharges on parking fines and new State mandated rules on parking at broken meters. f. Assisting with project management for planned projects, emergency projects, and other special duties. Planned projects include parking lot resurfacing, the Marsh Street expansion painting project, fire alarm testing, 919 Palm Street structure stairwell retrofit, parking structure access control upgrades to explore credit card acceptance, expanding the installation of the credit card meters downtown. g. Assisting with budget preparation and analysis. C8 - 37 32 SIGNIFICANT OPERATING PROGRAM CHANGE – TRANSPORTATION PARKING DIVISION ORGANIZATIONAL ASSESSMENT AND STAFFING RETENTION Over the last 15 years the organizational structure of the Parking Services division has remained largely unchanged aside from a part-time enforcement position for weekend enforcement added as part of the Neighborhood Wellness Goal and the 0.5 FTE of the Principal Transportation Planner. However, over that same time period there have been substantial changes in the function and scale of the division. The most notable changes include: 1. Construction and operation of 341 new parking spaces in the Marsh Street Structure Expansion and Parking Lot 4 beneath the expansion. 2. The development and oversight of 2,000 s.f. of office space and public restrooms constructed as part of the Marsh Street expansion. 3. Construction and operation of 242 new parking spaces in the 919 Palm Street Structure. 4. Planning and design on the proposed parking structures at Nipomo and Palm. 5. The purchase and oversight of five dwelling units located within the Palm Nipomo parking structure project area. 6. The management and oversight of 134 new parking spaces as part of the Railroad Transportation Center development and 16 new parking spaces as part of Phase 1 of the Chinatown development. The addition of 5 new parking districts which added support for 400 additional households. 7. The development and implementation of the Access and Parking Management Plan. 8. Neighborhood parking enforcement expanded to seven days a week. 9. Downtown parking enforcement expanded to Sundays. 10. The installation and maintenance of 400 credit card accepting parking meters. 11. An increase of more than 100% in parking appeals since 2000 (918 parking appeals in 2000 to 2,200 in 2013). 12. An increase of more than 200% in citation hearings since 2000 (44 citation hearings in 2000 to 150 in 2013). 13. The Parking Services Manager being responsible for the Parking Enterprise Fund budget and analysis. 14. The Parking Services Manager assigned the “Downtown Champion” role adding public relations for all things relating to the downtown. Staff is proposing an organizational assessment of the Parking Division in 2013-14 to thoroughly evaluate staffing levels and identify any opportunities for reorganization and efficiencies. In the interim, staff is recommending that a temporary part-time position (City Worker 13) be funded for an 18-month period. This position will assist the Parking Manager and assist with project management. Parking Organization Assessment Why recommend an organizational assessment of the Parking Division so soon after the 2011 Public Works performance audit? Overall staff is recommending this assessment because the 2011 audit did not provide a comprehensive organizational assessment specific to the Parking Division and there have been substantial changes and expansion of the workload within the Parking Division since the audit was completed. The 2011 audit was a management and performance study of the entire Public Works Department and due to that extensive scope it was limited to only a cursory review of the Parking Services division within the context of the whole Department. The performance audit did provide valuable procedural recommendations such as having finance conduct a “spot audit” of cash handling, using high security locks for parking meters, and considering the use of pay stations for the downtown. However, with the number of parking meters, structures, and citations as the only measures used to evaluate the organizational structure a comprehensive organizational analysis specific to the Parking Services division was not provided. Most importantly, since the audit was completed there have been substantial changes in the fundamental duties and operations of the Parking Services Division. In 2011 after the Matrix study was completed the Parking Services operating hours were expanded to evenings along with of the scope of duties being expanded to neighborhoods. In addition in 2012 the operating hours were also expanded to Sundays. The combination of these two changes has resulted in the Parking Services Division evolving into a 7 days a week operation absent an evaluation of the cumulative effects on operations and organizational structure. C8 - 38 33 SIGNIFICANT OPERATING PROGRAM CHANGE – TRANSPORTATION PARKING DIVISION ORGANIZATIONAL ASSESSMENT AND STAFFING RETENTION GOAL AND POLICY LINKS 1. 2013-15 Major City Goal for Neighborhood Wellness 2. Parking & Access Management Plan 3. Revenue Management Operating Program 4. Parking Management & Demand Reduction Operating Program 5. City of San Luis Obispo Municipal Code Titles 10 & 12 6. California Vehicle Code Sections 40200 - 40230 PROGRAM WORK COMPLETED The Principal Transportation Planner position has already been partially functioning in the capacity recommended as part of the 2011-13 Financial Plan. ENVIRONMENTAL REVIEW There are no constraints or environmental review requirements. PROGRAM CONSTRAINTS AND LIMITATIONS This SOPC request will require additional funding within the Parking Enterprise Fund and a temporary position will be more difficult to retain than a permanent position. Additionally, hiring a part-time temporary City Worker position will place additional oversight and supervision responsibilities on the Parking Manager. Finally, a part time position will be more limited in the responsibilities the position can assume due to limited work hours. STAKEHOLDERS City residents, business owners, motorists, and the Downtown Association are stakeholders in this request. In addition an organizational assessment will require assistance from the Human Resources Department. IMPLEMENTATION Task Date 1. Issue RFP for Parking Services division organizational assessment 2. Recruit for a part-time temporary City Worker 13 in the Parking Services division 3. Hire part-time temporary City Worker 13 in Parking Services division 4. Hire consultant for the Parking Services organizational assessment 5. Present recommendations August 2013 July 2013 September 2013 October 2013 May 2014 KEY PROGRAM ASSUMPTIONS 1. Parking Fund financial support within the Parking Services division. 2. Qualified applicants for contract staff position and the Parking Services organizational assessment. 3. Re-defined Downtown Champion duties are reassigned to the Assistant City Manager in order for the Parking Manager to assist with the organizational assessment and supervise the part-time temporary City Worker 13. 4. Hiring a temporary part time position will only be an interim solution to address current staffing shortages in the division and therefore this request does not provide for the ability to take on duties beyond those outlined above. C8 - 39 34 Line Item Description Account No. 2013-14 2014-15 Staffing 32,400 16,200 Temporary Salaries Medicare Unemployment Insurance 50600-7012 50600-7044 50600-7046 31,800 500 100 15,900 200 100 Contract Services 45,000 0 Contract Services (Org Assessment) 50600-7227 45,000 0 Total Operating Costs 77,400 16,200 SIGNIFICANT OPERATING PROGRAM CHANGE – TRANSPORTATION PARKING DIVISION ORGANIZATIONAL ASSESSMENT AND STAFFING RETENTION PROGRAM MANAGER AND TEAM SUPPORT Program Manager: Parking Services Manager Project Team: Public Works Administration, Parking Services, and Human Resources ALTERNATIVES 1. Continue the Status Quo. No additional staffing could be hired until after the organizational assessment and/or no organizational assessment undertaken. However this is not recommended because the existing situation is not providing the resources needed for the division to be successful. 2. Defer or Re-Phase the Request. These changes could be deferred until a later date. This would prolong improving the division’s organization and not prepare the division for upcoming retirements. 3. Implementation in a Different Way. Instead of hiring a temporary part time position, the position could be filled as a full time contract benefited position. This alternative may result in a better pool of applicants, but would be at an increased cost to the Parking Fund. 4. Existing Program Evaluation. An evaluation of the existing program is being recommended as part of this SOPC. OPERATING PROGRAM 50600 - Parking Enterprise Fund COST SUMMARY The Parking Enterprise Fund organizational assessment will have a one-time cost of $45,000 in 2013-14. Staffing a part- time temporary position for a period of 18 months will cost $32,400 in 2013-14 and $16,200 in 2014-15. PARKING ENTERPRISE FUND (510) C8 - 40 T:\Council Agenda Reports\2013\2013-12-10\Council Committee Appointments\CAR 2014 Council Subcommittee Appointments.doc FROM: Mayor Jan Marx and Vice Mayor Christianson Prepared By: Anthony Mejia, City Clerk SUBJECT: COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2014 RECOMMENDATION: Approve Council Liaison Subcommittee assignments for calendar year 2014. DISCUSSION Council Policies and Procedures and the Advisory Body Handbook prescribe the method of Council Liaison Subcommittee assignments: 6.1.1 The Mayor and Vice Mayor shall submit recommendations to the full Council rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection (CP&P 6.5.2, ABH III, C, 6). A new City/University Planning Committee is proposed to be added to the subcommittee assignment list. This committee would convene on a quarterly basis to discuss planning issues between the City and University. The Committee would consist of the Mayor, rotating Council Member, City Manager, Community Development Director, Community Development Deputy Director, and representatives of Cal Poly. The City Clerk made recommendations for appointments considering the preferences of individual Council Members and the past several years’ appointments; Mayor Marx and Vice Mayor-Elect Christianson have reviewed the City Clerk’s recommendations and recommend the Council Liaison Subcommittee assignments as outlined in the attachment. As in past years, automatic rotation for all technical and regional committees is not being recommended. The recommended appointments allow for continuity where appropriate as well as permitting Council Members to develop a higher level of expertise for some of the more complex committees. ATTACHMENT 2014 Subcommittee Assignment Recommendations C9 - 1 COUNCIL SUBCOMMITTEE ASSIGNMENTS 2013-2014 CITY ADVISORY BODIES • Interviews & makes recommendations for appointments to the full Council. • Facilitates communication between Council and committees. 2013 CHAIR MEMBER 2014 CHAIR MEMBER Architectural Review Commission Marx Ashbaugh Carpenter Ashbaugh Bicycle Committee Ashbaugh Christianson Carpenter Smith Board of Appeals Carpenter Smith Carpenter Smith Cultural Heritage Committee Carpenter Smith Ashbaugh Carpenter Housing Authority (Mayor by state mandate) Marx N/A Marx N/A Human Relations Commission Carpenter Ashbaugh Smith Ashbaugh Investment Oversight Committee (This is not an advisory committee) Marx N/A Marx N/A Jack House Committee Smith Ashbaugh Carpenter Ashbaugh Mass Transportation Committee Christianson Carpenter Smith Christianson Parks & Recreation Commission Ashbaugh Christianson Ashbaugh Christianson Personnel Board Carpenter Smith Carpenter Christianson Planning Commission Smith Marx Smith Marx Promotional Coordinating Committee Carpenter Christianson Christianson Carpenter Tourism Business Improvement District Board Smith Ashbaugh Smith Carpenter Tree Committee Christianson Ashbaugh Ashbaugh Carpenter SPECIAL PURPOSE SUBCOMMITTEES Serves as liaison representative. 2013 CHAIR MEMBER 2014 CHAIR MEMBER Downtown Association Board (Monthly) Smith Ashbaugh Christianson Smith City/University (Mayor/Rotation) (Quarterly) Marx Rotation Marx Rotation City/University Planning Committee (Quarterly) Marx Rotation Marx Rotation Mayor’s Advisory Body Chair Quarterly Meeting Marx Rotation Marx Rotation Student Community Liaison Committee (Mayor/Rotation) (Monthly) Marx Rotation Marx Rotation C9 - 2 T:\Council Agenda Reports\2013\2013-12-10\Council Committee Appointments\Council Subcommittee Assignments 2014.doc COUNCIL SUBCOMMITTEE ASSIGNMENTS 2013-2014 COUNTY/REGIONAL Serves as voting representative. 2013 CHAIR MEMBER 2014 CHAIR MEMBER Air Pollution Control District (APCD) (Quarterly) Marx Ashbaugh Marx Christianson City Selection Committee (Mayor/ Vice Mayor Alternate) (1-2 times per yr) Marx Smith Marx Christianson CMC Citizens Advisory Committee (Monthly) * 2 year term ends 12/06 Smith Smith N/A Community Action Partnership formerly Economic Opportunity Commission (Monthly) Ashbaugh Carpenter Christianson Ashbaugh County Water Resources Adv. Committee (Board of Supervisors) (Monthly) Ashbaugh Christianson Ashbaugh Smith Economic Vitality Corporation (EVC) (Monthly) Christianson Ashbaugh Carpenter Ashbaugh Homeless Services Oversight Committee Ashbaugh Carpenter Ashbaugh Christianson Integrated Waste Management Authority (IWMA) (Monthly) Ashbaugh Smith Ashbaugh Smith LAFCO (Liaison Only) (Monthly) Christianson Ashbaugh Christianson Ashbaugh Nacimiento Water Project Smith Christianson Smith Christianson PAC Facilities Standing Committee (Quarterly) Carpenter Elke Carpenter Principal Analyst Performing Arts Center Commission (Mayor representative/Vice Mayor as alternate) (Quarterly) Marx Codron Smith Codron Marx Codron Christianson Codron San Luis Obispo Council of Governments (SLOCOG) (Monthly) Marx Ashbaugh Marx Christianson San Luis Obispo Regional Transit Authority (SLORTA) (Monthly) Marx Ashbaugh Marx Christianson Whale Rock Commission (Mayor, Vice Mayor serves as alternate) (June & as needed) Marx Smith Marx Christianson Zone 9 Advisory Committee (Monthly) Christianson Ashbaugh Ashbaugh Carpenter AD HOC SUBCOMMITTEE 2013 CHAIR MEMBER 2014 CHAIR MEMBER Airport Land Use Marx Christianson Marx Christianson C9 - 3 T:\Council Agenda Reports\2013\2013-12-10\Council Committee Appointments\Council Subcommittee Assignments 2014.doc Break down of appointments by Council Member Counci Member Chair/Member Member/Alternate John Ashbaugh Cultural Heritage Committee Parks and Recreation Commission Tree Committee County Water Resources Adv. Committee Homeless Services Oversight Committee Integrated Waste Management Authority Zone 9 Advisory Committee Architectural Review Commission Human Relations Commission Jack House Committee Community Action Partnership Economic Vitality Corporation LAFCO Dan Carpenter Architectural Review Commission Bicycle Committee Board of Appeals Jack House Committee Personnel Board Economic Vitality Corporation PAC Facilities Standing Committee Cultural Heritage Committee Promotional Coordinating Committee Tourism BID Board Tree Committee Zone 9 Advisory Committee Carlyn Christianson Promotional Coordinating Committee Community Action Partnership Downtown Association Board LAFCO Mass Transportation Committee Parks and Recreation Commission Personnel Board Air Pollution Control District Airport Land Use Ad Hoc Committee City Selection Committee Homeless Services Oversight Committee Nacimiento Water Project Performing Arts Center Commission San Luis Obispo Council of Governments San Luis Obispo Regional Transit Authority Whale Rock Commission Kathy Smith Human Relations Commission Mass Transportation Committee Planning Commission Tourism BID Board CMC Citizens Advisory Committee Nacimiento Water Project Bicycle Committee Board of Appeals County Water Resources Advisory Committee Downtown Association Board Integrated Waste Management Authority Jan Marx Housing Authority Investment Oversight Committee Air Pollution Control District Airport Land Use Ad Hoc Committee City Selection Committee City/University Quarterly Meeting City/University Planning Committee Performing Arts Center Commission Mayor’s Advisory Body Chair Quarterly Meeting San Luis Obispo Council of Governments San Luis Obispo Regional Transit Authority Student Community Liaison Committee Whale Rock Commission Planning Commission C9 - 4 FROM: Carrie Mattingly, Utilities Director Prepared By: Jennifer Lawrence, Project Manager SUBJECT: MONTEREY STREET WATERLINE REPLACEMENT RECOMMENDATION 1. Authorize the City Manager to award a contract to Cannon in the amount of $59,840 for design services for the “Monterey Street Waterline Replacement.” 2. Approve a Budget Amendment Request to transfer $59,840 from Water Completed Projects to the design phase of the project. 3. Authorize staff to advertise for bids and authorize the City Manager to award the construction contract if the lowest responsible bid is within the Engineer’s Estimate of $336,026. DISCUSSION In the past year the ten-inch waterline on Monterey Street between California and Pepper has broken twice. Businesses in the area were without water and traffic was diverted around this section of Monterey Street while crews spent several hours repairing the break. An analysis of the risk and benefit of replacing the waterline was completed after the second break. It is recommended, although the project is not currently on the list of scheduled waterline replacements, that, due to age and condition of the existing pipeline, the entire section of pipe on Monterey between California and Johnson be replaced as soon as possible. There are two 16” water transmission line replacement projects (Phase I and Phase II) that will be constructed in the area of this proposed project (see the 2013-15 Financial Plan, Capital Improvement Plan, page 3-117). These projects are currently in the design stage with Phase I scheduled for construction in April 2014. Phase II, which includes the intersection of California and Monterey is scheduled for construction starting in July of 2014. Design and construction of this proposed waterline replacement on Monterey would be scheduled concurrently with Phase II of the 16” water transmission line replacement to reduce costs and minimize traffic and service impacts. CONCURRENCES The Community Development Department has granted a Notice of Exemption for the proposed project since minimal environmental impacts are anticipated. FISCAL IMPACT Staff has received a proposal for design from Cannon, one of the City’s on-call consultants approved for engineering services (Attachment 1). Funding for the design and construction support portion of the project is available in the Water Completed Projects Account which has a current Meeting Date Item Number Dec. 10, 2013 C10 - 1 Monterey Street Waterline Replacement Page 2 available balance of $130,553. The construction services portion of the project will begin in fiscal year 2014-15. Funding will be provided during the 2014-15 budget supplement process from the Water Fund’s working capital. The project costs are estimated as shown below. A Budget Amendment Request will be processed to transfer funding from the Completed Projects account to the project’s design. Design Engineering and Construction Support Design Services $34,540 Potholing$25,300 Total $59,840 Construction Services Engineer's Estimate $336,026 Contingencies (15%)$50,404 Printing and Miscellaneous $5,000 Total $391,430 Total Project Cost$451,270 Monterey Street Waterline Replacement ALTERNATIVE Council could choose to deny funding for this project and pursue construction and design services at a later date. This option is not recommended due to the two recent breaks in this pipe segment. Without replacement, this section of pipeline is expected to fail and again cause traffic and water service disruptions to the community. ATTACHMENT 1. Engineer’s Design and Construction Budget Estimates 2. Budget Amendment Request ..\Monterey Street Waterline Replacement C10 - 2 1050 Southwood Drive San Luis Obispo, CA 93401 T 805.544.7407 F 805.544.3863 CannonCorp.us November 12, 2013 Mr. Wade Horton, PE Water Division Manager City of San Luis Obispo Utilities Administration and Engineering 879 Morro Street San Luis Obispo, CA 93401 SUBJECT: PROPOSAL—MONTEREY STREET WATER MAIN REPLACEMENT Dear Mr. Horton: We understand the time-sensitive and critical nature of replacing an old water main in Monterey Street between California Blvd and Johnson Ave. A recent waterline break along this section of road resulted in significant road damage, disruption to businesses and residences, and loss of potable water. Replacing this section of antiquated water main before another break occurs will result in long-term savings to the City. In preparing our proposal, we have visited the project site, discussed goals for the project with City staff, developed a general understanding of the water service area of the water main, and performed initial utility research along the street corridor. Based on this research we have identified what we consider are the key elements for the success of this project. •Water Main Alignment—it is critical to develop a realistic and constructible alignment for the replacement main. This will require detailed utility research, field verification, and base mapping in order to confidently choose the preferred location for the new main. •Constructible Design—thought needs to be devoted to developing construction and connection details that can be easily installed in short timeframes. This will minimize overall disruption to the community (i.e. traffic, businesses, residents and tourists.) •Project Costs—alternative alignments and construction methods (i.e. trenchless technology) need to be adequately evaluated in order to balance cost of construction with community disruption. Cannon has assembled a team of experienced design professionals with practical, local knowledge in pipeline design, construction and detailed cost estimation. Our local staff comes to this project with recent, relevant design experience including the City’s Johnson Ave. water main replacement project completed in 2011. The following proposal further identifies our understanding of the project and provides a detailed scope of work. Considering the importance of sequencing for this project, we have included a project schedule which shows the design phase of this work to be completed by March 2014. We stand ready to assist the City in replacing this critical component of infrastructure. Attachment 1 C10 - 3 Proposal: Monterey Street Water Main Replacement 131033 2 Sincerely, Larry P. Kraemer, PE Director, Public Infrastructure Division C 44813 C10 - 4 Proposal: Monterey Street Water Main Replacement 131033 1 PROJECT UNDERSTANDING We understand the City intends to replace a critical segment of existing water main in Monterey Street as a result of a recent break and the likelihood of another occurring in the near future. Replacement of this aging infrastructure prior to another break will provide long- term savings and reliability of service to the Community. The design work necessary to replace the Monterey Street Water Main includes a topographic survey, utility research and mapping, potholing, alignment alternatives analysis, plan and profile layout, connection details, technical specifications, and cost estimates. Preliminary design criteria are summarized below. Project Criteria Notes Diameter 10-inch Material C900 PVC Approximate Length 1,040 linear feet Working Pressure To be determined during design Surge Pressure To be determined during design Hydrants Reconnect to existing (1-total). Evaluate additional hydrants Service Laterals Reconnect (preferred). Replace if polybutylene or lead based. In-line Valves Replace at same locations. Installation Methods Open-cut and/or trenchless Street Reconstruction considerations Old concrete roadway underneath. Dowel-in and replace with concrete to minimize differential settlement Known Buried Obstructions Large, existing rectangular box culvert running parallel to existing main along with City Comm. (fiber optics) Traffic Concerns Heavy but plenty of roadway width for one lane in each direction Connections Monterey/California, Monterey/Johnson, hydrant(s), laterals Other Ongoing Projects in the Vicinity Sewer line replacement at Monterey/California (Filippin); water line replacement in California (MNS); storm drain improvements at California/Monterey (Penfield & Smith) Budget Cost Estimate $415,000 (see attached preliminary cost estimate) C10 - 5 Proposal: Monterey Street Water Main Replacement 131033 2 SCOPE OF WORK Cannon’s approach to successful completion of this project consists of providing professional services in three progressive phases: Preliminary Engineering, Construction Documents, and Construction Engineering Support. Services will include a kickoff meeting, utility research and mapping, potholing, design, cost estimates, construction documents, and responses to RFI’s. Descriptions of our proposed involvement and proposed deliverables are summarized below within each corresponding project task. Phase 1. Preliminary Engineering Task 1. Kick-Off Meeting We will orchestrate and attend a Project Kick-Off Meeting with appropriate personnel from the City. This meeting agenda will focus on project understanding, team involvement, project constraints, and the anticipation of design development impediments. This meeting will also include project introduction, review of background information and project scope, and an overview of the project schedule. This meeting represents a key opportunity for representatives from the City to steer the project and further clarify critical elements of the scope. We anticipate that a field review meeting may also be of value and we have incorporated a field walk with the City following the project kick-off meeting into our scope. Task 1 Deliverables: • Attend Project Kick-Off Meeting and Field Walk • Prepare and distribute meeting minutes Task 2. Utility Research & Base Mapping We will coordinate with the utility companies and the City to obtain pertinent operations data and record drawing information of utilities within the project areas. We will review applicable utility documents, topographic survey, as-built drawings and other available materials provided by the City to compile an electronic base map for use in the design plans. Potential utility conflicts and/or relocation requirements will be identified and evaluated as needed to minimize unexpected design modifications or construction delays. We will initiate a USA Dig Alert Utility Search and will request that the utilities be marked in order that the marking can be surveyed into the base drawing. City Provided Items: • Access to all available, pertinent record drawings in the City’s database Task 2 Deliverables: • Base Map in digital format Task 3. Topographic Survey We will prepare a topographic survey of the project corridor showing contours and spot elevations, locations of existing structures, natural land features, roadways, paving, curb, sidewalk, and existing utilities, drain inlets and catch basins, manholes and fire hydrants. If required, we also provide locations of trees (greater than 4” in diameter). An attempt will be made to correlate data that is collected in the field with the location and size of all underground utilities gathered through our review of available record documentation. C10 - 6 Proposal: Monterey Street Water Main Replacement 131033 3 We will utilize record data to show the record street right-of-way to identify the limits of public property and to establish a boundary of the contractors work area. Task 3 Deliverables: • Topographic survey incorporated into the digital Base Map Task 4. Potholing Record data research of utility as-built information may fail to accurately identify both vertical and horizontal locations of subsurface facilities. Where detailed information is required to construct a tie-in connection or avoid crossing interferences and conflicts, potholing will be used to verify horizontal and vertical depths. We assumed that 10 potholes will be required for the project. The type of street pothole repair includes backfill with 2-sack slurry to below AC grade and HMA patch at 6-inch thick. A no-fee encroachment will be issued by the City. All traffic control will be in accordance with City requirements. Task 4 Deliverables: • Horizontal and vertical measurements using tape measure methods Task 5. Preliminary Alignment We will develop a preferred alignment alternative for the new 10-inch waterline within the project corridor. We will prepare a preliminary plan and information that summarizes our evaluation of the project’s constraints, which include the following: • Proposed preliminary water main alignment via open-cut method • Potential utility conflicts • Utility location discrepancies • Trenchless Alternative Evaluation (Swageline) • Health department and other utility company horizontal and vertical clearance requirements. The preliminary plan and constraints information will also memorialize the design and test pressures, as well as the specified materials for the project. A summary of the City-approved variances and deviations from standard plans will be included in the analysis. We have assumed the coordination and processing of Health Department approvals will be completed by the City. One meeting with City staff is included with this task. Task 5 Deliverables: • Preliminary Alignment Information and Exhibit Phase 2. Construction Documents Task 6. 75% Construction Documents (Plans, Specifications, and Cost Estimate) We will submit a “Review Submittal” Design Plans Package at a design and detail level approximately equal to 75 percent of the anticipated final construction documents for your review and comment. The Design Package will consist of five drawing sheets (24” x 36”) as listed below, technical specifications, and a preliminary opinion of probable construction costs. Anticipated Underground Improvement Plan Set: • Title Sheet • Two (2) Plan and Profile Sheets • Two (2) Construction Details Sheets C10 - 7 Proposal: Monterey Street Water Main Replacement 131033 4 This design package will contain the necessary plan, profile, and details to connect the new water main with the existing mains in California and Johnson as well as service laterals and hydrants. Task 6 Deliverables: • 75% Design Plans – Three (3) sets full size and One (1) PDF Format • 75% Technical Specifications – PDF and Word Format • 75% Cost Estimate – Excel and PDF Format City Provided Items: • City General Provisions – PDF and Word Format (Sample) Task 7. 75% Design Review Meeting We will attend one meeting with City staff to review and discuss the design submittal at the 75% completion stage. Task 7 Deliverables: • Attend meeting with City; provide meeting minutes Task 8. 100% Construction Documents (Plans, Specifications, and Cost Estimate) We will submit a “Review Submittal” Design Plans Package at a design and detail level approximately equal to 100 percent of the anticipated final construction documents for your review and comment. The Design Package will consist of three drawing sheets (24” x 36”) as listed below, technical specifications, and a preliminary opinion of probable construction costs. Anticipated Intersection Improvement Plan Set: • Title Sheet • Two (2) Plan and Profile Sheets • Two (2) Construction Details Sheets This design package will contain the necessary plan, profile, and details to connect the new water main with the existing mains in California and Johnson as well as service laterals and hydrants. Task 8 Deliverables: • 100% Design Plans – Three (3) sets full size and One (1) PDF Format • 100% Technical Specifications – PDF and Word Format • 100% Cost Estimate – Excel and PDF Format City Provided Items: • City General Provisions – PDF and Word Format (Sample) Task 9. 100% Design Review Meeting We will attend one meeting with City staff to review and discuss the design submittal at the 100% completion stage. Task 9 Deliverables: • Attend meeting with City; provide meeting minutes C10 - 8 Proposal: Monterey Street Water Main Replacement 131033 5 Task 10. Final Construction Documents (Plans, Specifications, and Cost Estimate) Based on City comments on the 100% submittal package, we will prepare and submit a Final Construction Documents Bid package. This submittal package will contain complete Construction Plans on permanent drawing medium (Mylar film) and an Opinion of Probable Construction Costs. Bid documents will be prepared in the City’s standard format, including contract documents and technical specifications. Electronic copies of all drawing files of the Final Construction Documents will be submitted to the City. Task 10 Deliverables: • Final Design Plans – 3 sets full size (signed), 1 set Mylar, and PDF Format • Final Technical Specifications – PDF and Word Format • Final Cost Estimate – Excel and PDF Format Phase 3. Construction Task 11. Engineering Support We will provide responses to requests for information (RFI) and requests for clarifications during bidding and construction. We budgeted 16 hours for this effort. ASSUMPTIONS AND EXCLUSIONS The following assumptions and exclusions apply to this proposal: • The City will provide record drawings and all documents relating to existing facilities at the project site in PDF electronic and hard-copy format, including water service laterals and sewer lateral locations derived from sewer video logs. • All data prepared by others and provided to Cannon will be made available in a digital format, compatible with our systems. It is also understood that the information and technical data provided and prepared by others, on the Client’s behalf or Property Owner’s behalf, may be used by Cannon in performing its services and is entitled to rely upon the accuracy and completeness thereof. • Permit Fees will be paid for by City. • CEQA, Environmental Permitting, Archeological, botanical, and landscaping services will be prepared by others. • Preparation of Stormwater Pollution Prevention Plans, Erosion Control Plans, and processing of NPDES Stormwater Permits will be prepared by others (if required). • Right-of-Way mapping and/or determination is excluded from this scope of work. • Traffic control plans will be prepared by others or will be the responsibility of the construction contractor hired to perform the work. • Typical services during construction are excluded from the scope at this time, including, compaction testing, , construction management, and construction staking. C10 - 9 Proposal: Monterey Street Water Main Replacement 131033 6 SCHEDULE A preliminary Project Schedule detailing the Work Program is enclosed for your consideration. We understand this schedule may be revised with input from the City regarding specific goals and objectives for this project. FEES A detailed breakdown of our proposed fee estimate, including person-hours, rates, and costs, is included for your review. Items not specifically identified in the Work Program are excluded from our work and will be submitted to the City for review and approval. C10 - 10 ID T a s k N a m e Du r a t i o n S t a r t Fi n i s h P r e d e c e s s o r s 1 Mo n t e r e y S t r e e t W a t e r M a i n R e p l a c e m e n t 18 0 d a y s Mo n 1 2 / 2 / 1 3 Fr i 8 / 8 / 1 4 2 ** * C i t y I s s u e s N o t i c e t o P r o c e e d * * * 0 d a y s Mo n 1 2 / 2 / 1 3 Mo n 1 2 / 2 / 1 3 3 Ph a s e 1 . P r e l i m i n a r y E n g i n e e r i n g 26 d a y s Mo n 1 2 / 2 / 1 3 Mo n 1 / 6 / 1 4 4 Ta s k 1 . K i c k - O f f M e e t i n g 1 d a y Mo n 1 2 / 2 / 1 3 Mo n 1 2 / 2 / 1 3 2 5 Ta s k 2 . U t i l i t y R e s e a r c h a n d B a s e M a p p i n g 21 d a y s Tu e 1 2 / 3 / 1 3 Tu e 1 2 / 3 1 / 1 3 2, 4 6 Ta s k 3 . T o p o g r a p h i c S u r v e y 5 d a y s W e d 1 2 / 2 5 / 1 3 Tu e 1 2 / 3 1 / 1 3 5F F 7 Ta s k 4 . P o t h o l i n g 3 d a y s W e d 1 / 1 / 1 4 Fr i 1 / 3 / 1 4 6 8 Ta s k 5 . P r e l i m i n a r y A l i g n m e n t A n a l y s i s 1 d a y Mo n 1 / 6 / 1 4 Mo n 1 / 6 / 1 4 7 9 Ph a s e 2 . C o n s t r u c t i o n D o c u m e n t s 49 d a y s Tu e 1 / 7 / 1 4 Fr i 3 / 1 4 / 1 4 10 Ta s k 6 . 7 5 % C o n s t r u c t i o n D o c u m e n t s 20 d a y s Tu e 1 / 7 / 1 4 Mo n 2 / 3 / 1 4 8 11 ** * C i t y R e v i e w o f 7 5 % S u b m i t t a l * * * 5 d a y s Tu e 2 / 4 / 1 4 Mo n 2 / 1 0 / 1 4 10 12 Ta s k 7 . 7 5 % D e s i g n R e v i e w M e e t i n g 1 d a y Tu e 2 / 1 1 / 1 4 Tu e 2 / 1 1 / 1 4 11 13 Ta s k 8 . 1 0 0 % C o n s t r u c t i o n D o c u m e n t s 15 d a y s W e d 2 / 1 2 / 1 4 Tu e 3 / 4 / 1 4 12 14 ** * C i t y R e v i e w o f 1 0 0 % S u b m i t t a l * * * 5 d a y s W e d 3 / 5 / 1 4 Tu e 3 / 1 1 / 1 4 13 15 Ta s k 9 . 1 0 0 % D e s i g n R e v i e w M e e t i n g 1 d a y W e d 3 / 1 2 / 1 4 W e d 3 / 1 2 / 1 4 14 16 Ta s k 1 0 . F i n a l C o n s t r u c t i o n D o c u m e n t s 2 d a y s Th u 3 / 1 3 / 1 4 Fr i 3 / 1 4 / 1 4 15 17 Ph a s e 3 . C o n s t r u c t i o n 10 5 d a y s Mo n 3 / 1 7 / 1 4 Fr i 8 / 8 / 1 4 18 ** * C i t y A d v e r t i s e , B i d , A w a r d P e r i o d * * * 60 d a y s Mo n 3 / 1 7 / 1 4 Fr i 6 / 6 / 1 4 16 19 Ta s k 1 1 . C o n s t r u c t i o n E n g i n e e r i n g S u p p o r t 45 d a y s Mo n 6 / 9 / 1 4 Fr i 8 / 8 / 1 4 18 20 Co n s t r u c t i o n C o m p l e t e 0 d a y s Fr i 8 / 8 / 1 4 Fr i 8 / 8 / 1 4 19 12 / 2 8/8 No v De c Ja n FebMarAprMayJunJulAugSepOct2014 PR O J E C T S C H E D U L E CI T Y O F S A N L U I S O B I S P O MO N T E R E Y S T R E E T W A T E R M A I N R E P L A C E M E N T Cannon 1050 Southwood Drive San Luis Obispo, CA 93401 805.544.7407 13 1 0 3 3 _ S c h e d u l e Pa g e 1 Mon 11/11/13C10 - 11 WO R K B U D G E T Mo n t e r e y S t r e e t W a t e r M a i n R e p l a c e m e n t CI T Y O F S A N L U I S O B I S P O Cannon 1050 Southwood Drive San Luis Obispo, CA 93401 805.544.7407 Su b - C o n s u l t a n t s MGE Un d e r g r o u n d Hr s C o s t H r s C o s t H r s C o s t H r s C o s t H r s C o s t H r s C o s t CostHrsCost Ta s k 1 . K i c k - O f f M e e t i n g & S i t e V i s i t 4 $ 6 2 0 4 $ 7 2 0 4 $ 4 8 0 12$1,820 Ta s k 2 . U t i l i t y R e s e a r c h a n d B a s e M a p p i n g 8 $ 1 , 2 4 0 8 $ 1 , 4 4 0 2 0 $ 2 , 4 0 0 36$5,080 Ta s k 3 . T o p o g r a p h i c S u r v e y 8 $ 2 , 2 0 0 1 6 $ 1 , 9 2 0 3 $ 4 2 0 27$4,540 Ta s k 4 . P o t h o l i n g 4 $ 6 2 0 2 $ 3 6 0 $2 5 , 3 0 0 6 $ 2 6 , 2 8 0 Ta s k 5 . P r e l i m i n a r y A l i g n m e n t A n a l y s i s 4 $ 6 2 0 2 $ 3 6 0 2 4 $ 2 , 8 8 0 30$3,960 Su b t o t a l 20 $ 3 , 1 0 0 1 6 $ 2 , 8 8 0 4 8 $ 5 , 7 6 0 8 $ 2 , 2 0 0 1 6 $ 1 , 9 2 0 3 $ 4 2 0 $2 5 , 3 0 0 1 1 1 $ 4 1 , 6 8 0 Ta s k 6 . 7 5 % C o n s t r u c t i o n D o c u m e n t s 4 $ 6 2 0 2 $ 3 6 0 4 0 $ 4 , 8 0 0 146$5,880 Ta s k 7 . 7 5 % D e s i g n R e v i e w M e e t i n g 2 $ 3 1 0 2 $ 3 6 0 4$670 Ta s k 8 . 1 0 0 % C o n s t r u c t i o n D o c u m e n t s 4 $ 6 2 0 2 $ 3 6 0 3 0 $ 3 , 6 0 0 136$4,680 Ta s k 9 . 1 0 0 % D e s i g n R e v i e w M e e t i n g 2 $ 3 1 0 2 $ 3 6 0 4$670 Ta s k 1 0 . F i n a l C o n s t r u c t i o n D o c u m e n t s 4 $ 6 2 0 2 $ 3 6 0 2 0 $ 2 , 4 0 0 226$3,580 Su b t o t a l 16 $ 2 , 4 8 0 1 0 $ 1 , 8 0 0 9 0 $ 1 0 , 8 0 0 516$15,480 Ta s k 1 1 . E n g i n e e r i n g S u p p o r t 8 $ 1 , 2 4 0 8 $ 1 , 4 4 0 16$2,680 Su b t o t a l 8 $ 1 , 2 4 0 8 $ 1 , 4 4 0 16$2,680 To t a l s : 44 $ 6 , 8 2 0 3 4 $ 6 , 1 2 0 1 3 8 $ 1 6 , 5 6 0 8 $ 2 , 2 0 0 1 6 $ 1 , 9 2 0 3 $ 4 2 0 $2 5 , 3 0 0 6 4 3 $ 5 9 , 8 4 0 $5 0 0 $4 0 0 $2 0 0 $1 0 0 Re i m b u r s a b l e $1 0 0 $1 0 0 Co s t Ph a s e 1 : P r e l i m i n a r y E n g i n e e r i n g CA D Su r v e y $1 2 0 PM Su r v e y $1 4 0 $1 5 5 Pr o j e c t Ma n a g e r C h a r g e Pr i n c i p a l i n Ca n n o n $1 8 0 Tw o - M a n Su r v e y C r e w Ex p e n s e s Pr o j e c t En g i n e e r $1 2 0 Ph a s e 3 . C o n s t r u c t i o n Ph a s e 2 : C o n s t r u c t i o n D o c u m e n t s Ho u r l y R a t e Mo n t e r e y S t r e e t W a t e r M a i n R e p l a c e m e n t $2 7 5 $1 0 0 Totals C10 - 12 City Project: No. : Item Number Item Est. Quan.Unit Unit CostTotal Item Cost 1 Mobilization (not to exceed 5% of bid), complete and in place, in accordance with the plans and specifications, for the unit price of…1LS$17,206.00 $17,206 2 Traffic Control, complete and in place, in accordance with the plans and specifications, for the unit price of…1LS$25,000.00 $25,000 3 Potholing, complete and in place, in accordance with the plans and specifications, for the unit price of…1LS$25,300.00 $25,300 4 10-inch Diameter PVC Water Main on Monterey Street between Johnson Ave and California Blvd complete and in place, in accordance with the plans and specifications, for the price of…1026LF$221.07 $226,820 4.01 10" PVC Water Main - Pressure Class 150 @ 4'-6' Depth 1,026LF$60.00 $61,560.00 4.02 Saw Cut Concrete 2,058LF $5.00 $10,290.00 4.03 Concrete Removal 3,078SF $5.00 $15,390.00 4.04 Excavation 684CY$15.00 $10,260.00 4.05 Shoring and Bracing 1,026LF$15.00 $15,390.00 4.06 Bedding 228CY$40.00 $9,120.00 4.07 Backfill and Compaction 352CY$10.00 $3,515.00 4.08 Plastic Wrap and Coating 1,026LF $2.50 $2,565.00 4.09 Connection to Existing Mains (special fittings, labor, etc.)2EA$2,500.00 $5,000.00 4.10 Concrete Road Section Restoration 76CY$750.00 $57,000.00 4.11 Pavement Restoration & Cleanup 342SY$65.00 $22,230.00 4.12 Roadway Striping Replacement 1LS$3,500.00 $3,500.00 4.12 Thrust Blocks 16EA$500.00 $8,000.00 4.13 Testing and Disinfection 1LS$3,000.00 $3,000.00 5 10-inch Tie-in Assembly, complete and in place, in accordance with the plans and specifications, for the price of…2EA$8,000.00 $16,000 6 10-inch In-line Resilient Wedge Gate Valve Assembly, complete and in place, in accordance with the plans and specifications, for the price of… 2EA$3,000.00 $6,000 7 1-inch Water Service Tie-in complete and in place, in accordance with the plans and specifications, for the price of…10EA$2,500.00 $25,000 8 Fire Hydrant Assembly, complete and in place, in accordance with the plans and specifications, for the price of…2EA$5,000.00 $10,000 9 Abandon Existing 10-inch Water Line in place, in accordance with the plans and specifications, for the price of…1LS$10,000.00 $10,000 Subtotal:$361,326 15% Contingency:$54,199 Design Engineering and Construction Support:$34,540 Grand Total:$450,065 EA = Each, LS = Lump Sum, LF = Lineal Feet, SF = Square Feet, CY = Cubic Yard, SY = Square Yard Opinion of Probable Construction Cost Monterey Street Waterline Replacement In providing opinions of probable construction costs, the City must understand that Cannon has no control over the costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that the opinions of probable costs provided herein are made on the basis of Cannon's qualifications and experience. Cannon makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. Rough Budget Estimate Monterey Street Water Main Replacement Project1 of 1 November 2013 C10 - 13 Attachment 2 NUMBER Fund No. 500 Amendment Amount TOTAL Amendment Project Phase Amount Monterey Street Waterline Repl 91284500 91284952 59,840.00 Water Completed Projects 99899500 99899999 (59,840.00) TOTAL -$ Date Date Director of Finance Entered ByDate Date City of San Luis Obispo BUDGET AMENDMENT REQUEST Program 50055100 EXPENDITURES AND OTHER FINANCING USES Account Description Revenue Account No. Capital Project No. 50010100 99899999 Account Description General Ledger No, Account 91284952 Page_____of_____ Requesting Department Fund Name Utilities Water REVENUES AND OTHER FINANCING SOURCES Per CAR dated12/10/13, transferring funding to design portion of project City Administrative Officer PURPOSE Department Head C10 - 14 FROM: Shelly Stanwyck, Parks and Recreation Director Prepared By: Melissa C. Mudgett, Parks and Recreation Manager SUBJECT: APPROVAL OF SLO SKATE PARK PUBLIC ART DESIGN RECOMMENDATION As recommended by the Parks and Recreation Commission, conceptually approve the public art design, “Concrete Jungle”, for the City of San Luis Obispo (SLO) Skate Park located at Santa Rosa Park. DISCUSSION Background In January 2006, the skate community attended a Public Forum to express concerns about the condition of the existing skate park (built in 1994). As a result, the City Council identified skate park improvements as a Major City Goal and has since gone through the extensive design, planning and approval processes. In the 2013-15 Financial Plan, Council approved an additional $1.2 million in Measure Y revenues in support of final construction of the skate park. The final skate park design develops and integrates four completely new outdoor recreational opportunities that will draw multiple generations together in a revitalized common space serving the City’s most densely populated neighborhood. A permanent in-ground skate park, an outdoor amphitheater, a low-impact fitness path and a streetscape plaza for spectator seating, farmers markets, craft fairs and other events have all been included in the design. These four elements facilitate shared multi-generational use and connectivity with other existing park features – a playground, picnic areas, street hockey court, horseshoe pit and ball fields. Public Art This project has differed from other public art projects in that the design for the artwork has been integrated into the actual project itself. For the City, this will be the first time that project construction and installation of public art components will occur simultaneously. The main “entrance” to the new multi-use zone will feature the principal public art components (concrete and metal shade trees) and landscaping. Public art has also been incorporated into the overall facility design to showcase the cultural elements being introduced into the expansion design including skateboarding, outdoor entertainment, walking fitness and community festivals. On March 7, 2011, the Architectural Review Commission (ARC) reviewed and approved the conceptual design of the SLO Skate Park located at Santa Rosa Park with conditions for additional public art elements. In particular, the ARC discussed the need for the design of freestanding sculptures, artistic shade structures, and art tiles to be used to accent the concrete skate surface. After consulting with the RRM design team on how to satisfy the ARC’s condition, the use of an artist as a public art design consultant surfaced as the best approach. On May 17, 2011, the City Council authorized funding for a public art design consultant to design a variety of artistic elements Meeting Date Item Number 12/10 /2013 C11 - 1 SLO Skate Park Public Art Design Page 2 to be integrated into the construction documents for the SLO Skate Park project. The redesigned artistic elements are now complete and with the funding approved for the construction of the SLO Skatepark it is now timely for Council to review and conceptually approve the final public art design. Concrete Jungle The SLO Skate Park public art project design, Concrete Jungle, includes four (4) concrete and steel shade trees. Three “trees” are proposed to be at the skate park “entrance” and one across the park on the north end. This fourth “tree” was recommended by the ARC in place of a living tree, thereby eliminating concerns for tree maintenance and damage to the surrounding concrete caused by uprooting. These 30-foot tall concrete and metal “trees” will serve a dual purpose, both as a skating surface (concrete trunk) and as shade structures (metal tree canopy) for the surrounding park. The project also includes the lighting of the four “trees”, artistic tiles on the edge of the bowl basin, concrete art reliefs throughout the park, and landscaping in the park entrance planter boxes. The artists have incorporated the ARC’s recommendations and provided the City with four funding options based upon the desired scope of work and available public art funding. Going Green The artists and City staff have worked collaboratively to incorporate “green” aspects into the facility and public art by use of recycled materials where possible. The public art media and materials are appropriate for the City’s moderate climate, are low in maintenance needs, safe, durable and fade resistant. Staff will continue to pursue solar lighting options for the project where feasible. CONCURRENCES The Parks and Recreation Committee (PRC) has reviewed the SLO Skate Park public art design at its November 6, 2013 meeting. The PRC approved the public art design with a phased-in recommendation should the project be dependent upon available funding. The PRC recommended several implementation options for the Council to consider at time of project award should funding be limited. The ARC will be meeting on December 2, 2013 to review and conceptually approve the redesigned SLO Skate Park public art. Meeting minutes discussing the ARC’s recommendations for the public art project will be included following this report and provided as a Council correspondence. Public Works staff, Parks and Recreation staff, the artists and design consultant staff continue to meet regularly to discuss the project and to coordinate project construction schedules, funding and public art implementation. FISCAL IMPACT Funding for the SLO Skate Park construction has been identified as part of the 2013-15 Financial Plan, pages 3-358 through 3-369. City Council approved an additional $1.2 million in Measure Y revenues, to augment the $973,700 available funding, in support of final construction of the skate park. The total project budget of $2,200,000 does not included public art funding. The approval of C11 - 2 SLO Skate Park Public Art Design Page 3 the Skate Park Public Art design does not have an immediate fiscal impact. Council will determine the levels of public art implementation and funding at the time of construction award in Spring 2014. At that time funding available for the construction of the Public Art will be specifically identified and will include the existing balance in the Public Art fund which continues to receive funds from developer in-lieu fees and occasional private donations. The artists have incorporated the ARC’s recommendations and provided with the City with level of implementation to be determined based upon the available public art funding. All design, permitting, inspection and lighting costs compose the “base price” of $71,100 regardless of the total numbers of “trees” installed. Fabrication and installation has been estimated at an additional $67,000 per “tree.” The project scope and estimated public art costs range from 6% to 15% of the overall construction project costs of $2.2 million. This level of proposed public art funding is consistent with the City’s public art policy and guidelines. Project Scope Estimated Cost Public Art % 1 tree $ 138,100 6% 2 trees $ 205,100 9% 3 trees $ 272,100 12% 4 trees* $ 339,100 15% Estimated Public Art Costs "Concrete Jungle" *Project scope as recommended by PRC and ARC ALTERNATIVE Deny Public Art Design. The City Council could choose not to approve the SLO Skate Park public art design, “Concrete Jungle”, as presented and direct staff to return to Council with alternatives for a redesigned the public art project. Staff does not recommend this option as the public art project is consistent with the City’s public art program and satisfies the ARC’s conditions for additional artistic elements. Additionally, the public art project is consistent with the procedural criteria for the selection and placement of public art as set forth in the City’s Community Design Guidelines. The proposed “Concrete Jungle” tree design has received concurrence from the design consultant providing the structural analysis, and from both the PRC and ARC. Delays in the approval of the public art design may have an impact on project construction as bid specifications currently incorporate the construction of the concrete tree trunk bases of the Public Art, as part of the Skate Park construction. ATTACHMENTS 1. 2013-15 Financial Plan 2. Major City Goal 3. Skate Park Public Art Schematic and Maquette 4. Skate Park Vicinity Map 5. Skate Park Public Art Renderings 6. Meeting Minutes, PRC 11/6/13 and ARC 12/2/13 t:\council agenda reports\2013\2013-12-10\slo skate park public art design (stanwyck-mudgett)\ecar slo skate park public art design.docx C11 - 3 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Project Description Constructing a new in-ground concrete skate park facility in Santa Rosa Park will cost $1,226,300 for construction and construction management in 2013-14. The complete Master Plan project will cost $2,200,000, however project funding to date totals $973,700.  Maintenance/Replacement  New project  Fleet Replacement  New Fleet Request  Council Goal / Measure Y Priority - List: Complete Construction of a Skate Park; Measure Y Priority Need and Urgency In 1994, community volunteers came together to construct San Luis Obispo’s first and only skate park at Santa Rosa Park. A small concrete pad was poured and temporary wooden ramps were erected, with the hope that eventually funds would become available to construct a permanent skate park. Over the years, the skateboarding area was furnished with ramps and obstacles built by City staff, the users and volunteers. The components were constructed of wood and deteriorated quickly as a result of exposure to the outdoor elements and overuse by skate enthusiasts. The skate community attended the Public Forum in January 2006 to express concerns about the condition of the existing skate park. As a result, the City Council identified skate park improvements as a Major City Goal in the 2007-09 Financial Plan and has since gone through the extensive design, planning and approval processes. During 2007-08, staff conducted a needs assessment on the skate park facility. Through a series of community meetings, input was gathered on whether the City should pursue replacing the existing equipment with modular steel skate ramps and obstacles or consider construction of a new permanent skate park facility. Consensus was overwhelming for a permanent facility, which would have additional amenities to enhance expanded programs and entice special events and competitions. The City Council received the results of the Santa Rosa Skate Park Needs Assessment at its May 20, 2008 meeting and unanimously supported the idea of having a “premier” skate park located in San Luis Obispo. Council provided direction to staff to move forward with a Master Plan for an in-ground concrete skate park, work with the community on fundraising efforts, and encouraged staff to move forward with the project as quickly as possible. In addition, Council authorized the purchase of modular steel equipment with a limited life span to replace the current wood structures to address existing safety concerns and serve as a stop-gap measure until a permanent park could be constructed. Today, this remains a temporary fix on the road to the community’s longstanding dream to build a permanent skate park. Using the needs assessment as a guide, during 2008-09, a Master Plan was developed for the new skate park and presented to City Council in January 2009. The Master Planned skate park is designed to be approximately 15,000 square feet and located in the area of the current skate park and adjacent grass area. An entry/stage area was included in the skate park design to allow for passage to the facility and provide an entertainment and seating area for events. A planned plaza between the skate park and roller hockey rink provides an area where vendors and groups could gather during large events. In all, approximately 30,000 square feet was included in the Master Plan for the Skate Park and related amenities. 3-358 C11 - 4 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Santa Rosa Skate Park Project Review Phase/Cost Review Date Approved Study/$52,000 Community Forum January 10, 2007 Needs Assessment Workshop January 26, 2008 Needs Assessment Workshop March 1, 2008 Parks & Recreation Commission May 7, 2008 City Council Meeting May 20, 2008 Master Plan Workshop October 4, 2008 Master Plan Workshop November 8, 2008 Stakeholder Task Force November 17, 2008 Design/$178,600 Parks & Recreation Commission January 7, 2009 City Council Meeting January 20, 2009 Stakeholder Task Force February 23, 2009 Stakeholder Task Force June 23, 2009 Stakeholder Task Force March 20, 2010 Stakeholder Task Force June 21, 2010 Stakeholder Task Force January 24, 2011 Planning Commission Meeting January 26, 2011 Architectural Review Committee March 21, 2011 Total 230,600 The Master Planned skate park develops and integrates four completely new outdoor recreational opportunities that will draw multiple generations together in a revitalized common space serving the City’s most densely-populated neighborhood. A permanent in-ground skate park, an outdoor amphitheater, a low-impact fitness path and a streetscape plaza for spectator seating, farmers markets, craft fairs and other events have all been included in the design. These four elements facilitate shared multi-generational use and connectivity with other existing park features – a playground, picnic areas, street hockey court, horseshoe pit and ball fields. The main entrance to the new multi-use zone will feature a public art component and native landscaping. Public art will also be incorporated into the overall facility design and showcase the cultural elements being introduced into the expansion design including skateboarding, outdoor entertainment, walking fitness and community festivals. After City Council approved the Santa Rosa Skate Park CIP for the 2009-11 budget cycle (Appendix B, Pages 3-290 through 3-293), it was expected that an additional $791,700 would be acquired through fundraising and grants to complete the skate park project. Staff has worked tirelessly over the past three years, with the support of stakeholders, to raise funds of over $54,000 (including the Tony Hawk Foundation Grant for $25,000) and still the project is short by $737,600. Santa Rosa Skate Park Approved Design 3-359 C11 - 5 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Hundreds of hours have been spent on grant applications (and accompanying site visits and presentations) as well as numerous community fundraising events and outreach efforts. Although numerous grant applications have been submitted, including California’s Prop 84 grant, these efforts have not been fruitful. The project cannot proceed to construction without additional funding allocations from the General Fund. The City demographically is not “underprivileged” or “urban” enough to receive formerly existing state grant funds, as well as it does not meet most grant criteria for adding new park space/acreage. The project itself has not appealed to potential donors (ranging from foundations to companies to community members). With each passing year, stakeholders and supporters are frustrated and seeking clarity in the direction the City is headed with this project. If the direction continues that staff and/or community stakeholders must raise all remaining funds, the estimated build date would be indiscernible. Current state of the Santa Rosa Skate Park Project This CIP is the continuation of a previously adopted, but not completed Major City Goal. Because of the financing strategy established with the 2009-11 CIP, the design of Santa Rosa Skate Park Project as envisioned by the adopted Master Plan has progressed to 95% completion. A Use Permit was approved by the Planning Commission in January of 2011. The project design was approved by the Architectural Review Committee in March 2011. The construction documents (plans and specifications) were prepared and have been submitted to the Building Department for a building permit and are essentially complete pending one round of staff review before being considered bid ready. A Storm Water Pollution Prevention Plan and permit will also need to be obtained prior to starting any grading operations. From the needs assessment and Master Planning phase which began in 2008 through the current design and construction document phase, City Staff and consultants have been working on this project for nearly five years at a cost of $230,000 for these phases ($52,000 for the needs assessment/Master Planning efforts and $178,000 for design and bid document preparation). In addition to these expenditures, significant staff time has been given to seeing the project through. Needless to say, considerable time and resources have been invested in this project to date. Why is this project important to our community? The need for a permanent skate park in the City of San Luis Obispo has been a dream for over half a decade. The planning process for the Santa Rosa Park has already built significant social capital among community residents. The groundswell of support for the project spans generation, socioeconomic class, and ethnicity to pursue a common goal of opening a new recreational hub in our city. The Santa Rosa Skate Park is important to the community for several reasons. Most specifically, the park provides community value in five significant ways: 1. Social Benefits. The neighborhoods directly adjacent to Santa Rosa Park have the highest number of youth living in poverty in San Luis Obispo. These and other low-income teens have severely limited opportunities to access free City-based outdoor recreation. After-school and summer programs offered to youth do not extend past the age of 12, leaving kids aged 13 to 18 without designated places for recreation. Parks and Recreation and other local organizations do offer athletic recreation programs for youth; all require fees to be paid for participation. Costs range between $20 and $500 per person depending on the sport. This often leaves low-income youth without an opportunity to participate. Juvenile crime is a national crisis that is alive in San Luis Obispo and is frequently attributed to disconnect from viable afterschool physical activities and recreation. Additionally, the Santa Rosa Skate Park will provide a place for youth who aren’t attracted to traditional team sports a place to go and express themselves in an individual and athletic manner. Getting youth, particularly at-risk youth, involved in a personal and esteem-building activity like skateboarding helps build the confidence to do well in other aspects of their lives. At San Luis Obispo High School, less than a mile from the proposed project site, fewer than 3-360 C11 - 6 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK half of the 1500 enrolled students are involved in traditional athletics (e.g. football, baseball, soccer, basketball, track, volleyball, and cross country). This leaves approximately 900 students not involved in traditional sports and without many options for afterschool physical activity and recreation. 2. Health and Developmental Benefits. Skateboarding has been shown to be an excellent means for youth to stay physically active. Skateboarding is physically active and requires, at times, great concentration. It encourages youth to spend time outdoors, test their endurance, sharpen their senses, and develop their creativity. Skateboarding requires no coaches and suggests no standardized approach to riding a skate park. Skaters are free to ride in their own way, to their own abilities, and encouraged to pursue their own style of skating. It is currently the third most popular recreational activity among youth ages 6-18 years old. These are formative years in a youth’s life and developing a habitual desire for physical recreation is essential to a healthy future. Many people who started in their teens still enjoy skateboarding well into their 50s. Furthermore, youth in low-income areas (like those surrounding Santa Rosa Park) are particularly prone to health issues related to lack of exercise due to the expense of equipment and travel, or lack of leisure time. For this area, the skate park will become an effective tool that teaches healthy, athletic living at an impressionable age. 3. Public Comfort and Safety Benefits. The 9.3-million skateboarders in America only have about 3,000 skate parks nationwide. That means the vast majority of them are skating in the streets. The downtown core of San Luis Obispo has an ordinance that prohibits skateboarding. The building of a new skate park facility will attract and retain the skateboarders, greatly reducing negative contact with law enforcement. Santa Rosa Skate Park will provide a place for local youth to practice their tricks. This means that they’re not skating downtown or in areas where they are seen as a nuisance, a menace, or causing damage. Over 75% of communities that have built skate parks in the last 10 years have confirmed a significant reduction in street skating problems, such as damage to public and private property. A permanent in-ground skate park will reduce the amount of damage seen throughout the community and limit the number of citations issued for illegal skateboarding. In addition to the direct health benefits, research even suggests that skateboarding can help keep teens out of trouble. A 2006 study found that skateboarders are less likely to smoke cigarettes, engage in sexual intercourse, and skip school. (“Physical Activity and Sedentary Behavior Patterns are Associated with Selected Adolescent Health Risk Behaviors,” PEDIATRICS, Vol. 117 No. 4, April 2006) 4. Economic Benefits. Feedback from other municipalities with a skate park suggests a positive effect on businesses in the surrounding areas. The Santa Rosa Skate Park is designed to draw people from near and far. Out of town visitors will likely stay in hotels, shop in local stores, eat in restaurants and buy gas. 5. Community Development Benefits. The Santa Rosa Skate Park was designed with local skater input and involvement throughout the process--these youth have developed a sense of ownership, pride, and community engagement. The very existence of the park is the result of their hard work and interaction with the broader community. These previously disenfranchised skaters, who once ran from the police, have found themselves working side-by- side with the city, and the community as a whole. It has been a transformational process for these youth. The Santa Rosa Skate Park project has allowed the community to see the skate community for what they truly are: passionate, dedicated athletes that voluntarily seek out physical recreation. Without a skate park, the skateboarders will continue to feel like pariahs who are repeatedly told to leave the area. The cumulative effects of this will instill a sense of disconnection to their community. 3-361 C11 - 7 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Readiness to Build  Study complete or  n/a  Equipment purchased or  n/a  Property owned or property agreement in place  n/a  Environmental approval and permits complete or  n/a Environmental Approval is complete. Building Permit is pending. Water Quality/Storm Water Permit still needs to be obtained prior to construction.  Specifications or construction documents complete  n/a Construction Documents are 95% complete.  IT Steering Committee review  n/a Environmental Review and Permits Required  Environmental Review  n/a  Building Permit  n/a  Waterway Permits (Fish & Wildlife, Water Quality, Army Corps)  n/a Water Quality (SWPP)  Railroad  n/a Operating Program Number and Title: 60100 Recreation Administration Project Phasing and Funding Sources  Continuing, ongoing or master account project - Specification No. 90752 Thus far, project expenditures include Needs, Assessment, Master Planning, Design and Construction Documents) Budget to Date 2013-142014-152015-162016-172017-18 Total Utilities $780 $800 $900$1,000$3,480 Maintenance materials $2,000$2,000$2,000$5,000$11,000 Contract Services $35,600$35,600$36,000$36,000$143,200 Total $0 $0$38,380$38,400$38,900$42,000$157,680 Ongoing Costs by Type Detail of ongoing costs and alternatives to ongoing costs including return on investment information: Based on published maintenance management standards/guidelines (Operational Guidelines for Grounds Management and Park Maintenance Standards.) It is anticipated that this new facility will require an additional half-time maintenance worker to provide ongoing repairs and daily routine maintenance of the skate 3-362 C11 - 8 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK park, plaza, amphitheater and landscaping. It is anticipated that approximately $2,000/year will be needed for materials and approximately $3,000 every 5 years for repairs or replacement of sump pumps/controls. Anticipated Facility Life Span: 50 years Budget to Date 2013-142014-152015-162016-172017-18 Total General Fund $1,226,300 $1,226,300 Parkland Development Fund $919,700 $919,700 Grant $25,000 $25,000 Fund Raising $29,000 $29,000 Total$973,700$1,226,300 $0 $0 $0 $0$2,200,000 Project Funding by Source Reduced / Enhanced Project Alternatives  Alternate project is feasible or advantageous – Cost of alternative project: It is at this critical 2013-15 Financial Plan venture, that the Parks and Recreation Department receive a firm direction on the future of the Santa Rosa Skate Park project. With the assistance of Public Works and RRM Design four alternatives for the SLO Skate Park at Santa Rosa Park are listed and compared below. The options are presented, in recommended alternative priority, based on feedback from the stakeholders, staff and design consultants. However, none of the presented options are recommended as they do not reflect the features identified in the Needs Assessment. The Master Plan skate park reflects those desires, which include features for the novice through the expert skateboarder. In selecting alternatives, the project will meet fewer needs of the users and be less appealing to the community at large. 3-363 C11 - 9 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Value Engineering Options Summary CIP Proposed Budget Full Project Option A Full Project, Less Site Amenities Option B Street Course Option C Modular Equipment INCLUDES • Entire Skate Park Area (15,500 sf) • Sports-Lighting • Drainage Improvements and Drainage Basin • Minimal Site Improvements • At-Grade ”Street Course” Skate Park Area Only (7,200 sf) • Reduced Sports-Lighting • Drainage Improvements and Drainage Basin • Minimal Site Improvements for ADA Accessibility • Additional Square Footage to the Current Concrete Slab • Improved Modular Equipment ELIMINATES • Amphitheater • Entry Feature • Multi-Use Plaza/ Maintenance Vehicle Access Paving • Site Lighting • Public Art features • Below-Grade Skate Features (Pools and Snake Run) • Amphitheater • Entry Feature • Multi-Use Plaza/Maintenance Vehicle Access Paving • Sports Lighting Poles • Site Lighting • Public Art features • Below-Grade • Skate Features (Pools and Snake Run) • Amphitheater • Entry Feature • Multiuse Plaza/Maintenance Vehicle Access Paving • Sports Lighting • Site Lighting • Drainage Improvements and Drainage basin • Public Art features Construction 1 $1,739,000 $1,381,000 $745,000 $262,000 SW Plan/Permit $20,000 $20,000 20,000 0 Materials Testing $20,000 $15,000 10,000 $2,500 Misc., printing, etc. $3,000 $2,000 2,000 $500 Contingency (10% ±) $168,000 $132,000 $73,000 $25,000 Construction Costs $1,950,000 $1,550,000 $850,000 $290,000 Const. Management $200,000 $175,000 $150,000 $45,000 Const. Admin/Architect $50,000 $35,000 25,000 0 Const. Mgmt. Costs $250,000 $210,000 $175,000 $45,000 Redesign Fees 0 $50,000 $50,000 $15,000 Total $2,200,000 $1,810,000 $1,075,000 $350,000 Available Budget $973,700 $948,700 $948,700 $948,700 Budget Shortfall (or Balance Remaining) $1,226,300 $861,300 $126,300 ($-598,700) 1. Includes 4% escalation for 1 yr. 3-364 C11 - 10 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Staff recognizes four (4) levels of alternative options for the build: 1. Option A – Full Skate Park, Less Site Amenities: This option eliminates almost all site amenities designed in the approved Master Plan project. o Lost Costs: $50,000 (Redesign), $25,000 (Tony Hawk Grant) 2. Option B – Street Course: The street course eliminates in-ground features and eliminates almost all site amenities in the approved Master Plan project. o Lost Costs: $230,000 (Needs, Assessment, Master Planning, Design, Construction Documents), $25,000 (Tony Hawk Grant), $50,000 (Redesign) 3. Option C – Modular Equipment: A concrete slab skate area with modular equipment (steel/wood or concrete) eliminates all site amenities and skate park features as designed in the approved Master Plan project, thus reducing opportunities for program expansion and community services. o Lost Costs: $230,000 (Needs, Assessment, Master Planning, Design, Construction Documents), $25,000 (Tony Hawk Grant), $8,000 (Redesign) 4. Option D – No Improvements: Deny the Project and close down the current skate park. Denying the project is not recommended by staff. City Council indicated strong support for a premier in-ground concrete skate park. Denying the project would disappoint a large and active skate community (children, teens and adults) who would like to see a permanent facility constructed. Additionally, all City funds expended to date for this project ($230,000) would be lost. If Council decides to deny the project, staff recommends that the current, temporary park be closed immediately. Staff believes strongly that the temporary skate park does not support the Department’s mission to provide quality parks, open space, recreation, cultural and educational services, essential to the enhancement and promotion of personal well-being and a sense of community. Without staff supervision and care for equipment, Parks, Police and Parks and Recreation staff are constantly “putting out fires”. This has created an unsafe meeting place that is not in accordance with other Parks and Parks and Recreation facilities. Further Implications  Tony Hawk Grant: It also important to note, the $25,000 Tony Hawk Grant awarded to the skate park project (in which the City has been granted an extension); will be retracted if the Council wishes to pursue Options A, B, C or D or set an indefinite date of construction.  Parkland Development Fees: Terminating construction of the skate park results in a return of $919,700 park in lieu funds to the Parkland Development Fund.  Public Art: In 2009-11, City Council approved $30,000 in Public Art funds to be spent on the design and engineering of public art elements for the Master Planned skate park. A contracted art consultant worked with City staff, the City’s Architectural Review Committee, community stakeholders and the design consultants to design and create outdoor public art that marks the uniqueness of the space. To date four concepts have completed the design and engineering phases: 1) Four customized shade-structures over the amphitheater and park entrances 2) Glass tile enhancements (inside the skate zone) 3) Etching work inside the skate zone, and 4) A customized drinking fountain/water feature at the park’s main entrance. If the Council chooses Options A or B, some of the public art funds will be lost, if C or D is chosen all the public art funds will be lost as a result of the re-design.  Santa Rosa Park Drainage Issue: The proposed CIP as well as Option A and Option B include approximately $90,000 of construction costs to provide drainage of the below grade pools and to remedy on-going drainage issue that has existed at the park since the year the ball fields were constructed. The drainage of the below grade pools requires the water to be pumped to the surface and conveyed to a drainage basin for percolation into the ground. Using the existing lawn area to the west of the skate park to percolate the skate park drainage was not advisable as it is already saturated from the ball field drainage. Adding more drainage to the area would only exacerbate the muddy conditions making it unusable for activities and/or destroying the lawn. The proposed solution to the drainage for the ball field and skate park bowls includes re-grading of the parking lot to lower the westerly boundary and construction of curb and gutter along the 3-365 C11 - 11 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK length of the lot to allow surface flows from the ball field and from the pumped basins to flow southerly to a new drain basin in a lawn area south of the hockey court. This area is not used for activities and allowed for any overflow of the basin to reach an existing catch basin at the corner of the park. The cost of resolving the drainage for the ball field and below ground bowls is approximately $90,000. This drainage issue did not surface during the Master Planning phases and was not accounted for in the preliminary estimates. Although the drainage would need to be addressed in the current CIP as well as option A, the drainage due to the ball field is still an ongoing issue and should be addressed regardless of the construction of a skate facility. It is presumed a separate CIP will be submitted in the next Financial Plan for this issue if the current CIP or Option A do not move forward. Looking at the projects as separate CIPs would reflect the following reduction in overall costs: o Skate Park CIP Carry Forward: $1,136,300 o Skate Park Option A: $746,300 o Skate Park Option B: $11,300 o Santa Rosa Park Drainage: $90,000  Project can be phased – Number of years for phasing: Project Team Assignment Program Estimated Hours Project Management CIP Engineering 120 Administration CIP Engineering 100 Inspection CIP Engineering 240 (assuming outside inspection) Project Team Parks and Recreation, Public Works – Parks Maintenance Staff 80 Location Map Location maps, site plans or schematic designs should accompany the CIP request whenever this will improve overall understanding of the project. These should be electronically integrated into the request. 3-366 C11 - 12 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Complete Master Plan Designed Project Master Planned skate park facility in Santa Rosa Park will cost $1,226,300 in 2013-14. 3-367 C11 - 13 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Reduced / Enhanced Project Alternatives (Images) Option A: Skate Park less Site Amenities New in-ground concrete skate park area, eliminating designed amphitheater, entry feature, multi-up plaza/maintenance vehicle access paving, some public art features and site lighting, will cost $836,300 in 2013-14. 3-368 C11 - 14 CAPITAL IMPROVEMENT PLAN - LEISURE, CULTURAL AND SOCIAL SERVICES SANTA ROSA SKATE PARK Option B: Street Course A new “street course” skate park area (eliminating below-grade skate features: pools and snake run, amphitheater, entry feature, multi-use plaza/maintenance vehicle access paving, sports lighting poles, most public art features and site lighting) will cost $101,300 in 2013- 14. 3-369 C11 - 15 MAJOR CITY GOALS SKATE PARK GOAL STATEMENT Complete construction of the skate park, utilizing a combination of public funds, donations, and grant funding where possible. OBJECTIVE Construct the master planned and designed Santa Rosa Skate Park. DISCUSSION Why is this project important to our community? A permanent skate park in the City of San Luis Obispo has been a dream for over half a decade and the resulting planning process for the Santa Rosa Park has built significant social capital among community residents. The groundswell of support for the project span generation, socioeconomic class, and ethnicity in pursuit of a common goal of opening a new recreational hub in the City of San Luis Obispo. The Santa Rosa Skate Park is important to the community for several reasons. Most specifically, the park provides community value in five significant ways: 1. Social Benefits. The neighborhoods directly adjacent to Santa Rosa Park have the highest number of youth living in poverty in San Luis Obispo. These and other low-income teens have severely limited opportunities to access free City-based outdoor recreation. After-school and summer programs offered to youth do not extend past the age of 12, leaving kids aged 13 to 18 without designated places for recreation. 2. Health and Developmental Benefits.Skateboarding has been shown to be an excellent means for youth to stay physically active as it provides physical activity and requires, at times, great concentration. It encourages youth to spend time outdoors, test their endurance, sharpen their senses, and develop their creativity. Skateboarding requires no coaches and suggests no standardized approach to riding a skate park. It is currently the third most popular recreational activity among youth ages 6-18 years old. 3. Public Comfort and Safety Benefits. The 9.3million skateboarders in America only have about 3,000 skate parks nationwide. That means the vast majority of them are skating in the streets. The downtown core of San Luis Obispo has an ordinance that prohibits skateboarding. The new skate park facility will attract and retain the skateboarders, thus greatly reducing negative contact with law enforcement. 4. Economic Benefits. Feedback from other municipalities with a skate park suggests a positive effect on businesses in the surrounding areas. The Santa Rosa Skate Park is designed to draw people from near and far with out of town visitors likely staying in hotels, enjoying local dining and shopping. 5. Community Development Benefits. The Santa Rosa Skate Park was designed with local skater input and involvement throughout the process--these youth have developed a sense of ownership, pride, and community engagement. The very existence of the park is the result of their hard work and interaction with the broader community. C-64 C11 - 16 MAJOR CITY GOALS SKATE PARK History of the Santa Rosa Skate Park In 1994, community volunteers came together to construct San Luis Obispo’s first and only skate park at Santa Rosa Park. A small concrete pad was poured and temporary wooden ramps were erected, with the hope that in the future sufficient funds would become available to construct a permanent skate park. Over the years, the skateboarding area was furnished with ramps and obstacles built by City staff, the users, and volunteers. The components were constructed of wood and deteriorated quickly as a result of exposure to the elements and overuse by skate enthusiasts. 2007-09 Major City Goal and Development of a Master Plan for a Skate Park The skate community attended the Council’s Goal Setting Public Forum in January 2006 to express concerns about the condition of the existing skate park. As a result, the City Council identified skate park improvements as a 2007-09 Major City Goal and has undertaken an extensive design, planning and project approval process. During 2007-08, staff conducted a needs assessment on the skate park facility. Consensus was overwhelming for a permanent facility with additional amenities to enhance expanded programs and encourage special events and competitions. The City Council received the results of the Santa Rosa Skate Park Needs Assessment at its May 20, 2008 meeting and unanimously supported the idea of having a “premier” skate park located in San Luis Obispo. Council directed staff to move forward with a Master Plan for an in-ground concrete skate park, work on fundraising efforts, and encouraged staff to move forward with the project as quickly as possible. In addition, Council authorized the purchase of modular steel equipment with a limited life span to replace the deteriorating wood structures, addressing safety concerns and serving as a stop-gap measure until a permanent park could be constructed. Using the needs assessment as a guide, a Master Plan was developed for the new skate park and presented to City Council in January 2009. The Master Planned skate park is designed to be approximately 15,000 square feet and includes the current skate park and adjacent grass area. An entry/stage area was incorporated into design to allow for passage to the facility and provide an entertainment and seating area for events. A planned plaza between the Skate Park and roller hockey rink provides an area for vendors and groups to gather during large events. In all, the Master Plan for the Skate Park and related amenities encompasses approximately 30,000 square feet. Development of the Santa Rosa Skate Park Plans and Summary of Public Involvement Summary of Santa Rosa Skate Park Meeting (Study and Design Phases Study Community Forum January 10, 2007 Needs Assessment Workshop January 26, 2008 Needs Assessment Workshop March 1, 2008 Parks & Recreation Commission May 7, 2008 City Council Meeting May 20, 2008 Master Plan Workshop October 4, 2008 Master Plan Workshop November 8, 2008 Stakeholder Task Force November 17, 2008 C-65 C11 - 17 MAJOR CITY GOALS SKATE PARK Design Parks & Recreation Commission January 7, 2009 City Council Meeting January 20, 2009 Stakeholder Task Force February 23, 2009 Stakeholder Task Force June 23, 2009 Stakeholder Task Force March 20, 2010 Stakeholder Task Force June 21, 2010 Stakeholder Task Force January 24, 2011 Planning Commission Meeting January 26, 2011 Architectural Review Committee March 21, 2011 The Approved Design for the Santa Rosa Master Planned Skate Park The approved Santa Rosa Skate Park design integrates four completely new outdoor recreational opportunities that will draw multiple generations together in a revitalized common space serving the City’s most densely- populated neighborhood. A permanent in-ground skate park, an outdoor amphitheater, a low-impact fitness path and a streetscape plaza for spectator seating, farmers markets, craft fairs and other events have all been included in the design. These four elements facilitate shared multi-generational use and connectivity with other existing park features such as the playground, picnic areas, street hockey court, and horseshoe pit and ball fields. The main entrance to the new multi-use zone will feature a Public Art component and native landscaping. Public Art has also been incorporated into the overall facility design and showcases the cultural elements being introduced into the design including skateboarding , BMX biking, rollerblading, outdoor entertainment, walking fitness and community festivals. This is the rendering of the approved Santa Rosa Skate Park. The upper right hand corner shows the existing horse shoe area and the left side of the drawing shows the Hampian Hockey Rink. Current status of the Santa Rosa Skate Park Project The City’s 2009-11 Financial Plan budgeted $1,098,300 from the Parkland Development Fund for the Skate Park and expected that an additional $373,300 would be acquired through fundraising and grants to complete the skate park project. This was in addition to $135,000 that were previsouly allocated to study and equipment acquisition. Staff has worked tirelessly over the past three years, with the support of stakeholders, to fundraise over $54,000 (including the Tony Hawk Foundation Grant for $25,000), but the project remained underfunded. Hundreds of hours have been spent on grant applications and accompanying site visits and presentations. Although numerous grant applications have been submitted, including California’s Prop 84 grant, these efforts have not been fruitful. It is staff’s opinion that the project cannot proceed to construction without additional funding allocations from the City. The City demographically is not “underprivileged” or “urban” enough to receive existing state grant funds, and does not meet most grant criteria for adding new park space/acreage. C-66 C11 - 18 MAJOR CITY GOALS SKATE PARK At this time, the plans and specifications for the Santa Rosa Skate Park Project have progressed to 98% completion. A Use Permit was approved by the City’s Planning Commission in January of 2011. The project design was approved by the Architectural Review Committee in March 2011. The construction documents were prepared and have been submitted to the Building Department for a building permit and are pending one final round of staff review before being considered bid ready. From the needs assessment and Master Planning phase which began in 2008 through the current design and construction document phase, City staff and consultants have been working on this project for nearly five years at a cost of $260,000. ($52,000 for the needs assessment/Master Planning efforts, $178,000 for design and bid document preparation and $30,000 for public art design and engineering). WORK PROGRAM CONSTRAINTS AND LIMITATIONS The Primary Constraint is funding availablity to construct this Project The Santa Rosa Skate Park Project has received all discretionary approvals needed from the City and the only constraint is funding. To assist in that decision three alternatives are presented below for Council’s consideration and direction. If Council modifies the Master Planned Project and reduces its scope, redesign will be needed. Even with a redesign staff believes that starting construction on this project is feasible during the 2013-15 Financial Plan Period. Recommended Project: Designed Master Planned Santa Rosa Skate Park As designed, the Santa Rosa Skate Park meets the needs and features identified in the Master Plan. It includes features which address varying levels of expertise from novice to expert. It has both bowls and urban style areas. It was designed with significant input and feedback from the skateboarding community and is responsive to their needs. This project would include the entire skate park area of 15,500 square feet, sports lighting, drainage improvements and a drainage basin to improve conditions overall at Santa Rosa Park as well as an amphitheater, entry features, multi-use plaza, site lighting, and integrated Public Art (funded by the Public Art program). An additional $1,226,300 would be required from the General Fund to construct the approved Santa Rosa Skate Park. Alternative 1: Santa Rosa Skate Park less Site Amenities This project would include the entire skate park area of 15,500 square feet, sports lighting, drainage improvements and a drainage basin. It would not have any of the additional cultural amenities (amphitheater, entry features, multi-use plaza and integrated public art). It is estimated that an additional $861,300 from the General Fund would be required to construct this project. C-67 C11 - 19 MAJOR CITY GOALS SKATE PARK However, the following “lost costs” would be associated with this alternative: $50,000 (Redesign), $25,000 (Tony Hawk Grant), $15,000 (Public Art money). Alternative 2: Santa Rosa Park Street Course Skate Park With this alternative design only the at-grade “street course” skate park area would be constructed for a total of about 7,200 square feet of skating area. There would be reduced sports lighting, however basic site improvements would be constructed for accessibility purposes. This design does not include any of the below grade skate features (pools and snake run that were key components of the Master Plan from input received through the needs assessment and community input process). It does not include any of the cultural amenities or the Public Art component. It is estimated that $126,300 in additional funds would be needed to construct this reduced project as an alternative. The “lost costs” associated with this alternative include: $50,000 (Redesign), $25,000 (Tony Hawk Grant), $20,000 (Public Art money), $230,000 (Needs, Assessment, Master Planning, Design, Construction Documents). Cost Summary Existing Funding: To date the approved Santa Rosa Skate Park project has existing funds totaling $973,700. These funds include the Tony Hawk Grant and donations, as well as previously encumbered Parkland Development Funds. The following table outlines the cost comparison of the three project alternatives. Santa Rosa Skate Park Alternative Project Cost Comparison Recommended Project Alternative 1 Alternative 2 Construction $1,739,000 $1,381,000 $745,000 SW Plan/Permit $20,000 $20,000 20,000 Materials Testing $20,000 $15,000 10,000 Misc., printing, etc. $3,000 $2,000 2,000 Contingency (10% ±) $168,000 $132,000 $73,000 Construction Costs $1,950,000 $1,550,000 $850,000 Const. Management $200,000 $175,000 $150,000 Const. Admin/Architect $50,000 $35,000 $25,000 Const. Mgmt. Costs $250,000 $210,000 $175,000 Redesign Fees 0 $50,000 $50,000 Total $2,200,000 $1,810,000 $1,075,000 Funds to Date $973,700 $948,700 $948,700 Funds Needed $1,226,300 $861,300 $126,300 Future maintenance funding support is anticipated upon completion of construction. Support needs include site cleaning, pumping equipment, and specialized landscape care. Cost estimates for maintenance range between C-68 C11 - 20 MAJOR CITY GOALS SKATE PARK $6,000 and $37,000 depending upon the final project scope. This funding will be considered in the 2015-17 Financial Plan process. STAKEHOLDERS External to the organization stakeholders include the existing and future skateboarding community (youth and adult), neighbors adjacent to and nearby Santa Rosa Park, businesses in the Santa Rosa Park neighborhood, local hoteliers (who may see skateboarding enthusiast tourists) and visitors from outside of the City. Internal stakeholders for this project include the lead Department of Parks and Recreation including the Parks and Recreation Commission supported by Public Works Engineering, Inspection, and Parks Maintenance as well as the Police Department from an enforcement standpoint. ACTION PLAN Below is a proposed Action Plan based on the approval of the recommended project. If Council were to pursue an alternate project, some design work would need to occur and would add to the time of completion of project. Task Date 1. Submit Application for Storm Water Permit Sept 2013 2. Receive Building and Storm Water Permits Dec 2013 3. Issue Plans and Specifications for Construction Feb 2014 4. Award Construction Contract 5. Groundbreaking April 2014 Spring 2014 6. Start Construction June 2014 7. Complete Construction Dec 2014 8. Identify and Request Maintenance Resources Dec 2014 9. Open Santa Rosa Skate Park Jan 2015 10. Maintain and Operate the Santa Rosa Skate Park Ongoing KEY WORK PROGRAM ASSUMPTIONS Staff has assumed that the Tony Hawk Foundation will pull the funding if an alternative project is pursued. The grant was awarded on the assumption that construction would be for the Master Planned Project and the reduced projects may not meet the criteria of the grant. As noted above the Action Plan presented is for the construction of the designed, Master Planned Project; additional steps focused on redesign, public outreach, and stakeholder engagement and advisory body review would most likely need to be taken with any alternative project. RESPONSIBLE DEPARTMENT The Parks and Recreation Department is the lead department in advocating for this goal. Public Works will of course serve as the integral department for the construction of this project. Public Works CIP Engineering Staff C-69 C11 - 21 MAJOR CITY GOALS SKATE PARK will serve as the project managers of the project as well as administrators. They will also be involved in the construction management and inspection. Upon completion of the project Parks and Recreation would program the use of this new facility while Public Works Parks Maintenance would maintain it. FINANCIAL AND STAFF RESOURCES REQUIRED TO ACHIEVE THE GOAL As previously discussed funds have been assembled to construct the Santa Rosa Master Planned Skate Park. To date that total is $973,700. This represents Parkland Fees, the Tony Hawk Grant, and Donations. A Capital Improvement Project to complete this project has been submitted with an additional $1,226,300 needed to complete construction and accomplish this goal. This Major City Goal will be achieved in part with Measure Y funding. Cost Summary 2013-142014-152013-142014-15 Current Funding 973,700 Santa Rosa Skate Park 1,226,300 Total $02,200,000 $0 Operating Programs Capital Improvement Plan Funding Sources 2013-142014-15 Parkland Fees, Tony Hawk Grant, Donations 973,700 General Fund 1,226,300 Total $2,200,000 $0 Capital Improvement Plan GENERAL FUND REVENUE POTENTIAL Additional General Fund Revenue could occur upon completion of this Skate Park if it becomes a destination for the skateboarding community. It is expected that competitions and the amenities of the premier skate park would draw in skaters traveling throughout California and perhaps the country. Additionally the designed project as well as the amenities could generate rental fees for activities such as private parties, special events, Farmers Markets or “street fairs” and concerts. OUTCOME - FINAL WORK PRODUCT A completed Santa Rosa Skate Park would bring a conclusion to a multi-year effort including several Major City Goals to construct a permanent skate park for the City of San Luis Obispo. C-70 C11 - 22 C11 - 23 C11 - 24 C11 - 25 C11 - 26 C11 - 27 C11 - 28 C11 - 29 C11 - 30 C11 - 31 C11 - 32 C11 - 33 C11 - 34 C11 - 35 1-1 Parks and Recreation Commission DRAFT MINUTES Council Hearing Room 990 Palm Street San Luis Obispo, CA 93401 Wednesday, November 6, 2013, 5:30 p.m. CALL TO ORDER: Chair Davis called the meeting to order at 5:30 p.m. ROLL CALL: Commissioners: Steve Davis, Craig Kincaid, Jeff Whitener, Susan Updegrove, Ron Regier and Michael Parolini ABSENT: David Hensinger COUNCIL: Carlyn Christianson STAFF: Shelly Stanwyck, Melissa Mudgett, Phil Dunsmore and Marti Reynolds Public Comment Carlyn Christianson, Council Member, thanked the department for their work on the SESLOC lease project which was approved by Council on November 5. Adam Stowe, San Luis Obispo Blues Baseball, gave an update on future tournament plans for summer 2014 and the status of the Blues Baseball team. 1. Consideration of Minutes MOTION: (Updegrove/Kincaid) Approve the October 2, 2013 minutes as amended. Approved: 6 yes: 0 no: 1 absent (Hensinger) 2. Public Art Program Review and Consideration of Skate Park Art - Mudgett Recreation Manager Melissa Mudgett gave a presentation to the Commissioners reviewing the Public Art Program with an overview of current projects before updating on the upcoming construction of the SLO Skate Park Public Art project. Details on the marketing campaign, available funding and timelines were shared. Mudgett introduced the project artists, Jed Joyce and John Jones who shared examples of the project’s Word Art and pre-fabricated tiles as well as information on material properties of Cor-Ten steel. Commissioners addressed questions to Mudgett and visiting artists Joyce and Jones and discussed shade, reflected heat, lighting options and safety considerations and then speculated on the need and positioning of a fourth “concrete jungle” full tree structure. Mudgett discussed how total available funding may impact the full scope of the Public Art project. Commissioner Kincaid suggested building the base for the fourth tree (should funds be limited) to avoid the costs of retrofitting should funding be made available at a later date. Commissioner Parolini suggested that, if only three of the four trees were approved based upon available funding, that two trees be located at the “entry” and one tree at the rear of the park (as opposed to all three trees at the “entrance”). C11 - 36 Parks and Recreation Commission Minutes – November 6, 2013 Page 2 of 4 1-2 Chair Davis opened Public Comment. Gary Havas, San Luis Obispo, discussed with artists corrosion resistant properties of Cor-Ten steel, the inclusion of lighting protection into art form and consideration of solar lighting. D. Scott, San Luis Obispo, inquired about other cities that have Skate Parks and research done on potential problems. Director Stanwyck gave information on the relationship that has been built with the skateboard community, potential programs to encourage non-typical users such as female skateboarders, plans to address graffiti. MOTION: (Whitener/Regier). Recommend Council conceptually approve the proposed Skate Park Public Art “Concrete Jungle” under the condition that if there is only funding for three trees, one of the tree structures be placed in the rear of the park and that installation of concrete tree trunk bases for all four structures be included to allow for a potential addition of a tree canopy in the future. Approved: 6 yes: 0 no: 1 absent (Hensinger) 3. Airport Area Land Use Zoning Review as it relates to the Chevron Project – Dunsmore Senior Planner Phil Dunsmore gave a presentation to the Commissioners reviewing the Airport Area Land Use and the Chevron Project. He asked that the Commissioners consider the revised land use plan for the Airport Area Specific Plan (AASP) to include a Public Facility zone and identification of future public facility uses. Potential for sports field area in future would go before the Commission and amendments would be made to 4.2.4 of the AASP to accommodate potential future components. Dunsmore addressed comments and questions the Commissioners brought up at the June 5 meeting such as parking, road link with Class I pathway and questions on wind patterns in relation to the flower mound hill. He explained although a recreation facility is not required by the project nor are parkland impact fees, the potential for a needs assessment exists in the future for public facility uses. Anticipates final EIR to go before Commissioners in March 2014. Commissioners entered into discussion regarding project, questions of future development if not under Chevron ownership, safety zones, next steps, Tank Farm road changes, potential need for additional fire station, management if annexed to City in future, wetland remediation, future use as a boardwalk through significant historical site. Chair Davis opened for Public Comment. Bill Almas, Chevron Representative, positive about what benefits the property can provide the community, 15-acres unsuitable for development that seems to be a good place for a recreational field and 250-acres open space. Chevron’s part is to donate the land, Cal Ripkin would have to supply funding to develop and maintain fields. John Spatafore, San Luis Obispo, was part of community group involved in the building/planning of Damon Garcia sports fields, inquired about plans to link the fields together. Urged to continue vision of what could work well there, found better to do one activity per site (such as soccer). Encourages higher number of fields for youth sports organizations. C11 - 37 ATTACHMENT 6 Architectural Review Commission Meting Minutes 12/2/13 TBD C11 - 38 FROM: Derek Johnson, Community Development Director Prepared By: Tyler Corey, Housing Programs Manager SUBJECT: REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO REGARDIN G A NINETEEN UNIT SENIOR RENTAL HOUSING PROJECT LOCATED AT 433 PACIFIC STREET KNOWN AS THE CARMEL STREET APARTMENTS RECOMMENDATION 1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986. 2. Adopt a resolution allowing the reissuance of multifamily housing revenue bonds by the Housing Authority of the City of San Luis Obispo for the Carmel Street Apartments located at 433 Pacific Street. DISCUSSION Background The Housing Authority of the City of San Luis Obispo (the “Authority”) is requesting that the Council hold a public hearing regarding the reissuance of tax-exempt bonds that financed the construction of the Carmel Street Apartments located at 433 Pacific Street. Although there is no financial participation (or liability, direct or indirect) by the City in approving the reissuance of this “conduit” financing, Council conduct of a public hearing and approval of the reissuance is required under federal regulations for tax-exempt financing. Project Summary 1. Carmel Street Apartments is a 19 unit affordable rental apartment facility for seniors located at 433 Pacific Street (the “Project”). The Project is owned by Carmel Street Associates, a California limited partnership (the “Borrower”), of which the San Luis Obispo Non-Profit Housing Corporation (a nonprofit corporation established by the Authority) is the general partner. 2. The construction of the Project was financed with the proceeds of a $1,550,000 bond (the “Bonds”) issued by the Authority on April 4, 2002. The Bonds were purchased by First Bank of San Luis Obispo (“FBSLO”). Through a series of bank mergers and acquisitions, the Bonds are now owned by Union Bank, N.A. Meeting Date Item Number 12-10-13 PH1 - 1 Conduit Reissuance Request: Housing Authority of the City of San Luis Obispo Page 2 3. In order for the interest on the Bonds to be tax-exempt, on October 16, 2001, the Council conducted a public hearing regarding the financing of the Project under the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”), and pursuant to the requirements of the Internal Revenue Code of 1986. Council adopted Resolution No. 9238 (2001 Series) approving the issuance of the Bonds by the Authority to finance the Project (Attachment 1). 4. Union Bank, N.A., the current owner of the Bonds, has now agreed to lower the interest rate on the Bonds from 6.80% to 4.50%, which modification to the terms of the Bonds will result in a “reissuance” of the Bonds for federal tax purposes. The reissuance of the Bonds requires that the Council hold a TEFRA public hearing regarding the reissuance and to adopt a resolution approving the reissuance by the Authority of the Bonds, in order to maintain the tax-exempt status of the interest on the Bonds. No City Liability for the Financing There is no City liability in approving the reissuance of conduit financing. The bonds are payable solely from the payments by the Borrower on a loan made to it (the “Borrower Loan”) by the Authority from the proceeds of the Bonds. The rental payments by tenants in the Project are the source of revenue used by the Borrower to repay the Borrower Loan. The City has no financial, legal, or moral obligation, liability or responsibility for the Project or for the repayment of the Bonds or the repayment of the Borrower Loan. The documents for the Bonds clearly provide that the Bonds are payable solely from payments on the Borrower Loan made by the Borrower. Outside of holding this hearing and adopting the required resolution, no other participation or activity of the City with respect to the bonds will be required. City’s Conduit Financing Policy While the Council is not obligated to approve this request, it would be consistent with past City actions regarding the Project. Under the City’s debt financing and management policies, consideration of a request for conduit financing is generally a two-step process: 1. First asking the Council if they are interested in considering the request and establishing the ground rules for evaluating it. 2. And then returning with the results of this evaluation and recommending approval of appropriate financing documents if warranted. This two-step approach was completed in 2001 when the Council conducted the original TEFRA hearing for the Bonds and adopted Resolution No. 9328 (2001 Series) approving the issuance of the Bonds by the Authority to finance the Project (Attachment 1). City’s Past Experience with Conduit Housing Bonds The City has approved seven “conduit” housing bond issues in the past as reflected in the following summary. There have been no financial difficulties with any of these bond issues. PH1 - 2 Conduit Reissuance Request: Housing Authority of the City of San Luis Obispo Page 3 1. 1985. 168-unit apartment development on Southwood Drive (refinanced in 1993). 2. 1998. 30-unit development (all “affordable” for seniors and persons with disabilities) on Brizzolara Street. 3. 1999. 122-unit apartment development by the De Vaul Ranch Company, of which 26 units will be affordable—24 for “very-low” and 2 for “moderate” income households. 4. 2002. 19-unit seniors apartment development at 433 Pacific Street (Pacific and Carmel). 5. 2005. 40 affordable one-bedroom units for seniors as well as one manager’s unit in an existing historic single-family residence at 2005 Johnson Avenue (“Del Rio Terrace”). 6. 2009 and 2011. 8-unit housing project at 1468 East Foothill Boulevard for the University Board of the Santa Barbara Presbytery. 7. 2012. 120-unit apartment project affordable to low and very-low income households located at 1550 Madonna Road. Next Steps After the TEFRA public hearing and adoption of the Resolution of the Council approving the reissuance of the Bonds, the Authority, the Borrower and Union Bank, N.A. will enter into documents reducing the interest rate on the Bonds from 6.80% to 4.50%. There will be no further actions required by the City. FISCAL IMPACT There are no fiscal impacts to the City associated with this matter. As noted above, the City has no liability, directly or indirectly, for the financing. ALTERNATIVES 1. Do not approve the reissuance of bonds by the Authority. Given the approvals that the Project has already received from the City and the lack of any liability for repayment of the Bonds by the City, this option is not recommended. 2. Defer consideration of the request. Due to the savings in interest costs resulting from the reissuance of the Bonds, this option is not recommended. ATTACHMENT 1. Council Resolution No. 9238 (2001 Series) 2. Draft Council Resolution approving the reissuance of bonds by the Authority T:\Council Agenda Reports\2013\2013-12-10\TEFRA Hearing for Carmel St. (Johnson-Corey)\PH1 - TEFRA Hearing for Carmel Street Apartments.docx PH1 - 3 Attachment 1 PH1 - 4 Attachment 1 PH1 - 5 Attachment 2 RESOLUTION NO. XXXX-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE REISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR THE CARMEL STREET APARTMENTS LOCATED AT 433 PACIFIC STREET WHEREAS, the Housing Authority of the City of San Luis Obispo (the “Authority”) is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended (the “Law”), to issue bonds to finance multifamily rental housing facilities located within the area of operation of the Authority; and WHEREAS, on April 4, 2002, the Authority issued $1,550,000 principal amount of its Housing Authority of the City of San Luis Obispo Multifamily Housing Revenue Bonds (Carmel Street Apartments), Series 2002A (the “Bonds”) pursuant to an Indenture of Trust, dated as of April 1, 2002 (the “Indenture”), between the Authority and First Bank of San Luis Obispo, as the then bondowner representative; and WHEREAS, the Authority loaned the proceeds of the Bonds (the “Loan”) to Carmel Street Associates, a California limited partnership (the “Borrower”) pursuant to a Loan Agreement, dated as of April 1, 2002 (the “Loan Agreement”), between the Authority and the Borrower; and WHEREAS, the Borrower used the proceeds of the Loan to finance the acquisition and construction of 19 units of multifamily rental housing known as Carmel Street Apartments (the “Project”), located at 433 Pacific Street in the City of San Luis Obispo (the “City”); and WHEREAS, the Bonds are considered to be “qualified exempt facility bonds” under Section 142(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 147(f) of the Code requires that the “applicable elected representative” with respect to the Authority approve the issuance of the Bonds by the Authority following the holding of a public hearing with respect thereto; and WHEREAS, the Authority determined that the Council of the City was the “applicable elected representative” to approve the issuance of the Bonds by the Authority and on October 16, 2001, the Council held a public hearing regarding issuance of the Bonds and adopted Resolution No. 9238 (2001 Series) approving the issuance of the Bonds by the Authority for the purpose of providing financing to the Borrower for the Project; and WHEREAS, the City is not a party to any of the agreements or other documents relating to the Bonds or the financing of the Project, and neither the financing of the Project nor the Bonds impose any legal, financial or moral obligation upon the City with respect to the financing of the Project; and PH1 - 6 Attachment 2 WHEREAS, Union Bank, N.A. (the “Bank”), has succeeded to the interests of the bondowner representative under the Indenture and is the current owner of the Bonds; and WHEREAS, the Bank has agreed to allow modifications to be made to the Indenture and the Loan Agreement to lower the interest rate on the Bonds and on the Loan, but such modifications will, under the Code, cause a “reissuance” of the Bonds; and WHEREAS, in order to maintain the tax-exempt status of the interest on the Bonds paid by the Authority to the Bank, prior to the modification of the Indenture and the Loan Agreement, the Authority needs the Council to approve the reissuance of the Bonds following a public hearing on the matter; and WHEREAS, notice of the required public hearing has been duly given as required by the Code, and the Council has heretofore held the public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the reissuance of the Bonds and the ownership and operation of the Project; and WHEREAS, it is in the public interest and for the public benefit that the Council approve the reissuance of the Bonds for the aforesaid purposes. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: Section 1. Action. The Council of the City of San Luis Obispo hereby approves the reissuance of the Bonds by the Authority for purposes of the Code. This resolution shall take effect immediately upon its adoption. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 10th day of December, 2013. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony J. Mejia City Clerk PH1 - 7 Attachment 2 APPROVED AS TO FORM: _____________________________________ Christine Dietrick City Attorney PH1 - 8 FROM: Derek Johnson, Community Development Director Prepared By: Tyler Corey, Housing Programs Manager SUBJECT: REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO REGARDING A FORTY-ONE UNIT SENIOR RENTAL HOUSING PROJECT LOCATED AT 2005 JOHNSON AVENUE KNOWN AS THE DEL RIO TERRACE APARTMENTS RECOMMENDATION 1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986. 2. Adopt a resolution allowing the reissuance of a Loan by the Housing Authority of the City of San Luis Obispo for the Del Rio Terrace Apartments located at 2005 Johnson Avenue. DISCUSSION Background The Housing Authority of the City of San Luis Obispo (the “Authority”) is requesting that the Council hold a public hearing regarding the reissuance of a tax-exempt Loan that financed the construction of the Del Rio Terrace Apartments located at 2005 Johnson Avenue. Although there is no financial participation (or liability, direct or indirect) by the City in approving the reissuance of this “conduit” financing, Council conduct of a public hearing and approval of the reissuance is required under federal regulations for tax-exempt financing. Project Summary 1. Del Rio Terrace Apartments is a 40 unit (plus one manager’s unit) affordable rental apartment facility for seniors located at 2005 Johnson Avenue (the “Project”). The Project is owned by Johnson DRT Associates, a California limited partnership (the “Borrower”), of which the San Luis Obispo Non-Profit Housing Corporation (a nonprofit corporation established by the Authority) is the general partner. 2. The construction of the Project was financed with the proceeds of a $4,000,000 Loan (the “Loan”) made to the Authority on October 31, 2005, by First Bank of San Luis Obispo (“FBSLO”). Through a series of bank mergers and acquisitions, the Loan is now owned by Union Bank, N.A. Meeting Date Item Number 12-10-13 PH2 - 1 Conduit Reissuance Request: Housing Authority of the City of San Luis Obispo Page 2 3. In order for the interest on the Loan to be tax-exempt, on May 6, 2003, the Council conducted a public hearing regarding the financing by the Authority of the Project under the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”), and pursuant to the requirements of the Internal Revenue Code of 1986, on that date the Council adopted Resolution No. 9450 (2003 Series) approving the Loan by FBSLO to the Authority to finance the Project (Attachment 1). 4. The expected April 30, 2005 completion of the Project was delayed due to circumstances beyond the control of the Authority. As a consequence of the delay, FBSLO agreed to make various modifications to the documents for the Loan, which modifications resulted in a “reissuance” of the Loan for federal tax purposes. Applicable federal tax law required that the Council approve the then reissuance of the Loan following the conduct of a TEFRA hearing regarding the reissuance, in order to maintain the tax-exempt status of the interest on the Loan. 5. On July 19, 2005, the Council held a TEFRA public hearing regarding the then reissuance of the Loan and adopted Resolution No. 9709 (2005 Series) approving the reissuance by the Authority of the Loan (Attachment 2). 6. Union Bank, N.A., the current owner of the Loan, has now agreed to lower the interest rate on the Loan from 7.50% to 4.50%, which modification to the terms of the Loan will result in another “reissuance” of the Loan for federal tax purposes. As with the reissuance of the Loan in 2005, this new reissuance of the Loan once again requires that the Council hold a TEFRA public hearing regarding the new reissuance and to adopt a resolution approving the new reissuance by the Authority of the Loan, in order to maintain the tax-exempt status of the interest on the Loan. No City Liability for the Financing There is no City liability in approving the reissuance of conduit financing. The Loan is payable solely from the payments by the Borrower on a Loan made to it (the “Borrower Loan”) by the Authority from the proceeds of the Loan. The rental payments by tenants in the Project are the source of revenue used by the Borrower to repay the Borrower Loan. The City has no financial, legal, or moral obligation, liability or responsibility for the Project or for the repayment of the Loan or the repayment of the Borrower Loan. The documents for the Loan clearly provide that the Loan is payable solely from payments on the Borrower Loan made by the Borrower. Outside of holding this hearing and adopting the required resolution, no other participation or activity of the City with respect to the Loan will be required. City’s Conduit Financing Policy While the Council is not obligated to approve this request, it would be consistent with past City actions regarding the Project. Under the City’s debt financing and management policies, consideration of a request for conduit financing is generally a two-step process: PH2 - 2 Conduit Reissuance Request: Housing Authority of the City of San Luis Obispo Page 3 1. First asking the Council if they are interested in considering the request and establishing the ground rules for evaluating it. 2. And then returning with the results of this evaluation and recommending approval of appropriate financing documents if warranted. This two-step approach was completed in 2003 when the Council conducted the original TEFRA hearing for the Loan and adopted Resolution No. 9450 (2003 Series) approving the Loan by FBSLO to the Authority to finance the Project (Attachment 1). City’s Past Experience with Conduit Housing Bonds The City has approved seven “conduit” housing bond issues in the past as reflected in the following summary. There have been no financial difficulties with any of these bond issues. 1. 1985. 168-unit apartment development on Southwood Drive (refinanced in 1993). 2. 1998. 30-unit development (all “affordable” for seniors and persons with disabilities) on Brizzolara Street. 3. 1999. 122-unit apartment development by the De Vaul Ranch Company, of which 26 units will be affordable—24 for “very-low” and 2 for “moderate” income households. 4. 2002. 19-unit seniors apartment development at 433 Pacific Street (Pacific and Carmel). 5. 2005. 40 affordable one-bedroom units for seniors as well as one manager’s unit in an existing historic single-family residence at 2005 Johnson Avenue (“Del Rio Terrace”). 6. 2009 and 2011. 8-unit housing project at 1468 East Foothill Boulevard for the University Board of the Santa Barbara Presbytery. 7. 2012. 120-unit apartment project affordable to low and very-low income households located at 1550 Madonna Road. Next Steps After the TEFRA public hearing and adoption of the Resolution of the Council approving the reissuance of the Loan, the Authority, the Borrower and Union Bank, N.A. will enter into documents reducing the interest rate on the Bonds from 7.50% to 4.50%. There will be no further actions required by the City. FISCAL IMPACT There are no fiscal impacts to the City associated with this matter. As noted above, the City has no liability, directly or indirectly, for the financing. PH2 - 3 Conduit Reissuance Request: Housing Authority of the City of San Luis Obispo Page 4 ALTERNATIVES 1. Do not approve the reissuance of bonds by the Authority. Given the approvals that the Project has already received from the City and the lack of any liability for repayment of the Loan by the City, this option is not recommended. 2. Defer consideration of the request. Due to the savings in interest costs resulting from the reissuance of the Loan, this option is not recommended. ATTACHMENT 1. Council Resolution No. 9450 (2003 Series) 2. Council Resolution No. 9709 (2005 Series) 3. Draft Council Resolution approving the reissuance of the Loan by the Authority T:\Council Agenda Reports\2013\2013-12-10\TEFRA Hearing for Del rio (Johnson-Corey)\PH1 - TEFRA Hearing for Del Rio Terrace Apartments.docx PH2 - 4 Attachment 1 PH2 - 5 Attachment 1 PH2 - 6 RESOLUTION NO. 9709 (2005 SERIES ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O APPROVING THE REISSUANCE OF A LOAN OF THE HOUSIN G AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR THE PURPOSE O F PROVIDING FINANCING FOR A RESIDENTIAL RENTAL HOUSIN G FACILITY SPONSORED BY THE SAN LUIS OBISPO NON-PROFIT HOUSIN G CORPORATION-DEL RIO TERRACE APARTMENT S WHEREAS,the Housing Authority of the City of San Luis Obispo (the "Authority") i s authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State o f California, as amended (the "Law"), to make bonds to finance housing developments as specified in the Law ; and WHEREAS,the Authority has entered into a Loan Agreement, dated as of October 1 , 2003 (the "Loan Agreement") with the First Bank of San Luis Obispo (the "Bank"), pursuant t o which the Bank agreed to make a loan to the Authority (the "Loan") in an amount of up t o $4,000,000, and on October 31, 2003 (the "Date of Issuance") the Bank made the first advance o f $54,000 of the principal of the Loan to the Authority ; and WHEREAS,the Authority has entered into a Loan Agreement, dated as of October, 1 , 2003, with Johnson DRT Associates, a California limited partnership (the "Borrower") of whic h the San Luis Obispo Non-Profit Housing Corporation, a California nonprofit public benefi t corporation is the sole general partner, whereby the Authority has agreed to loan the proceeds o f the Loan to the Borrower to enable the Borrower to finance the acquisition and construction of a 41 unit residential rental housing facility for seniors to be located at 2005 Johnson Avenue in th e City of San Luis Obispo (the "Project"); and WHEREAS,the Loan is considered to be a "qualified exempt facility bond" unde r Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Sectio n 147(f) of the Code requires that the "applicable elected representative" with respect to th e Authority approve the incurrence of the Loan by the Authority following the holding of a publi c hearing with respect thereto ; and WHEREAS,the Authority determined that the Council of the City was the "applicabl e elected representative" to approve the incurrence of the Loan by the Authority and on May 6 , 2003, the Council held a public hearing regarding the Loan and adopted a Resolution approvin g the incurrence of the Loan by the Authority for the purpose of providing financing to th e Borrower for the Project ; and WHEREAS,the City is not a part to any of the agreements or other documents relatin g to the financing of the Project, and neither the financing of the Project nor the Loan will impos e any legal, financial or moral obligation upon the City with respect to the financing of the Project ; and WHEREAS,the Loan Agreement contemplated that the Project would be full y constructed by April 30, 2005, and, due to construction delays it now appears that th e construction of the Project will not be completed until December 31, 2005 ; and R9709 Attachment 2 PH2 - 7 Resolution No . 9709 (2005 Series ) Page 2 WHEREAS,the Bank has agreed to allow modifications to be made to the Loan Agreement to extend the construction period of the Loan, and the maturity date of the Loan t o accommodate the additional time necessary to construct the Project, but such modifications will , under the Code, cause a "reissuance" of the Loan ; and WHEREAS,in order to maintain the tax-exempt status of the interest on the Loan pai d by the Authority to the Bank, prior to the modification of the Loan Agreement, the Authorit y needs the Council to approve the reissuance of the Loan following a public hearing on the matter ; and WHEREAS,notice of said public hearing has been duly given as required by the Code , and the Council has heretofore held such public hearing at which all interested persons wer e given an opportunity to be heard on all matters relative to the financing of the Project and th e Authority's reissuance of the Loan and the Authority's loan of the proceeds thereof to th e Borrower ; an d WHEREAS,it is consistent with the General Plan, in the public interest and for th e public benefit that the Council approve the reissuance of the Loan for the aforesaid purposes . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo, as follows : Section 1 .The Council of the City of San Luis Obispo hereby approves the reissuance o f the Loan by the Authority under the Code in the amount of up to four million dollar s ($4,000,000), and the use of the proceeds of the reissued Loan to make a loan to the Borrower t o enable the Borrower to finance the acquisition and construction of the Project . Section 2. This Resolution shall take effect immediately upon its adoption . On motion of Vice Mayor Ewan, seconded by Council Member Brown , and on the following roll call vote : AYES : Council Members Brown and Mulholland, Vice Mayor Ewan and Mayo r Romero NOES : Non e ABSENT : Council Member Settle The foregoing resolution was adopted this 19 th day of July 2005 . Attachment 2 PH2 - 8 Resolution No. 9709 (2005 Series ) Page 3 Mayor David F . Romero ATTEST : APPROVED AS TO FORM : Jon is . Lowell City Attorney Attachment 2 PH2 - 9 Attachment 3 RESOLUTION NO. XXXX-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE REISSUANCE OF A MULTIFAMILY HOUSING REVENUE LOAN BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR THE DEL RIO TERRACE APARTMENTS LOCATED AT 2005 JOHNSON AVENUE WHEREAS, the Housing Authority of the City of San Luis Obispo (the “Authority”) is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California to issue bonds and borrow money to finance multifamily rental housing facilities located within the area of operation of the Authority; and WHEREAS, on October 31, 2003, the Authority borrowed $4,000,000 (the “Authority Loan”) from First Bank of San Luis Obispo (the “Original Bank”) pursuant to a Loan Agreement, dated as of October 1, 2003 (the “Authority Loan Agreement”), between the Authority and the Original Bank; and WHEREAS, the Authority loaned (the “Borrower Loan”) the proceeds of the Authority Loan to Johnson DRT Associates, a California limited partnership (the “Borrower”) pursuant to a Loan Agreement, dated as of October 1, 2003 (the “Borrower Loan Agreement”), between the Authority and the Borrower; and WHEREAS, the Borrower used the proceeds of the Borrower Loan to finance the acquisition and construction of 41 units of multifamily rental housing for seniors known as Del Rio Terrace Apartments (the “Project”), located at 2005 Johnson Avenue in the City of San Luis Obispo (the “City”); and WHEREAS, the Authority Loan is considered to be “a qualified exempt facility bond” under Section 142(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 147(f) of the Code requires that the “applicable elected representative” with respect to the Authority approve the incurrence by the Authority of the Authority Loan following the holding of a public hearing with respect thereto; and WHEREAS, the Authority determined that the Council of the City was the “applicable elected representative” to approve the incurrence by the Authority of the Authority Loan and on May 6, 2003, the Council held a public hearing regarding Authority Loan and adopted Resolution No. 9450 (2003 Series) approving the incurrence by the Authority of the Authority Loan for the purpose of providing financing to the Borrower for the Project; and WHEREAS, in July of 2005, the Original Bank agreed with the Authority and the Borrower to amend the Authority Loan Agreement, the Borrower Loan Agreement and related documents to modify certain terms of the Authority Loan and the Borrower Loan; and WHEREAS, the amendments resulted in a “reissuance” of the Authority Loan under PH2 - 10 Attachment 3 applicable provisions of the Code and in order to maintain the tax-exempt status of the interest on the Authority Loan the Council held a public hearing on July 19, 2005 regarding the reissuance of the Authority Loan and the ownership and operation of the Project, and on that date the Council adopted Resolution No. 9709 (2005 Series) approving the reissuance by the Authority of the Authority Loan; and WHEREAS, Union Bank, N.A. (the “Bank”), has succeeded to the interests of the Original Bank under the Authority Loan Agreement and is the current payee of the Authority Loan; and WHEREAS, the Bank has now agreed to allow modifications to be made to the Authority Loan Agreement and the Borrower Loan Agreement to lower the interest rate on the Authority Loan and on the Borrower Loan, but such modifications will, under the Code, cause another “reissuance” of the Authority Loan; and WHEREAS, in order to maintain the tax-exempt status of the interest on the Authority Loan paid by the Authority to the Bank, prior to the modification of the Authority Loan Agreement and the Borrower Loan Agreement, the Authority needs the Council to approve the new reissuance of the Authority Loan following a public hearing on the matter; and WHEREAS, notice of the required public hearing has been duly given as required by the Code, and the Council has heretofore held the public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the reissuance of the Authority Loan and the ownership and operation of the Project; and WHEREAS, the City is not a party to any of the agreements or other documents relating to the Authority Loan, the Borrower Loan or the financing of the Project, and none of the financing of the Project, the Authority Loan or the Borrower Loan impose any legal, financial or moral obligation upon the City with respect to the financing of the Project; and WHEREAS, it is in the public interest and for the public benefit that the Council approve the reissuance of the Authority Loan for the aforesaid purposes. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: Section 1. Action. The Council of the City of San Luis Obispo hereby approves the reissuance of the Authority Loan by the Authority for purposes of the Code. This resolution shall take effect immediately upon its adoption. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: PH2 - 11 Attachment 3 The foregoing resolution was passed and adopted this 10th day of December, 2013. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony J. Mejia City Clerk APPROVED AS TO FORM: _____________________________________ Christine Dietrick City Attorney PH2 - 12 FROM: Wayne Padilla, Director of Finance and Information Technology SUBJECT: Review of the 2012-13 Fiscal Year Annual Report on Development Impact Fees and Consideration of a Resolution Accepting the Report and Making Certain Findings Related to Impact Fee Balances RECOMMENDATION: 1. Review the 2012-13 Fiscal Year Report on Development Impact Fees 2. Adopt the Resolution Accepting the Report and Making Certain Findings Related to Impact Fee Balances and In-Lieu Fees DISCUSSION: Government Code Section 66000 et al (AB 1600) requires public agencies to review on an annual basis the status of collected development impact fees. Staff has prepared this report in compliance with the requirements of AB 1600 and the required disclosures include the worksheets that follow. These worksheets identify the amount of each fee collected, the disbursements made from each fee type and the amount of interest apportioned to each fee balance during the 2012-13 fiscal year. Also, a worksheet has been prepared that reflects, for each fee type, the aging of the balance held by the City. This report has been available for public inspection 15 days prior to tonight’s meeting in the Finance Department. Notice was posted on the City Clerk’s bulletin board in front of City Hall. The schedules referred to above provide a breakdown of the individual fee balances on hand as of June 30, 2013 based on unaudited information. The statutes specify that this report shall include the following information: 1. The amount of developer fees disbursed on each project for the year just ended. 2. The amount of developer fees collected for the year just ended. 3. The amount of interest earned by the developer fees for the year just ended. 4. Any other income received that is related to the projects, if applicable. 5. The beginning and ending fund balance for each development fee account. 6. The total cost of projects undertaken during the last year and the percentage of the project cost paid out of developer fees. 7. The identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. 8. The amount and purpose of all interfund transfers during the last year. 9. The following is a brief description of the purpose of the fee and the nature of projects funded in the current year. Transportation Impact Fee This impact fee was established for the expansion of transportation facilities within the City. There were eleven active projects funded by this fee during the most recent fiscal year. The largest of Meeting Date Item Number Dec. 10, 2013 B1 - 1 AB 1600 Annual Report Page 2 those projects include the Los Osos Valley Road/US101 Interchange and Mid-Higuera Improvement Project. There were no fully funded projects that were incomplete as of June 30, 2013. At June 30, 2013 the account held $2,933,565 and $402,061 of that total is more than 5 years old. In approving and accepting this year’s report, the City Council should make a finding that the funds held for at least five years are being held to complete certain projects identified by the related impact fee study. Funds held for at least five years are to be retained to complete projects listed above and to fund additional projects such as the Railroad Bike Safety Trail improvement project. Airport Area Impact Fee This impact fee was established for the expansion of transportation facilities in and around the airport area. The only project funded during the fiscal year from these fees was the Tank Farm / Broad Street intersection. There were no other fully funded projects that were incomplete as June 30, 2013. At June 30, 2013 the account held $707,808 of which $572,939 has been held for at least five years. In approving and accepting this year’s report, the City Council should make a finding that the funds held for at least five years are being held to complete certain projects identified by the related impact fee study. Funds held for at least five years are to be retained to complete projects listed above and to fund additional projects such as the Santa Fe Road and Unocal Collector/Buckley Road extensions. Los Osos Valley Road Impact Fee This impact fee was established for the expansion of capacity for Los Osos Valley Road. During the recent fiscal year, the city recorded a liability for the reimbursement owed to a developer for a previous expense. There were no fully funded projects that were incomplete as of June 30, 2013. At June 30, 2013 the account held $147,616, none of which is over five years old. Water Impact Fees This fee was established for the expansion and improvement of facilities used for water supply, water treatment and water distribution. There were no other fully funded projects that were incomplete as of June 30, 2013. At June 30, 2013 the account held $2,301,456, none of which is over five years old. Sewer Impact Fee This impact fee was established for the expansion and improvement of facilities used for sewer collection and sewer treatment. There were no other fully funded projects that were incomplete as of June 30, 2013. At June 30, 2013 the account was in deficit in the amount of $1,891,931, none of which is over five years old. Other Fees Presented Parkland Impact Fee This fee was established under the Quimby Act and as such is not an Impact Fee. The fee is charged against residential development for the expansion of parkland, park facilities and other recreational structures and is presented here for information purposes only. The only outflow of funding from this fee for the most recent fiscal year was for the Skate Park design work. There were no fully funded projects that were incomplete as of June 20, 2013. At June 30, 2013 the account held B1 - 2 AB 1600 Annual Report Page 3 $1,236,786 and of this amount $651,534 has been held for more than 5 years. There is no limit to the time the City can retain these fees; however, we report it here as an information item. Open Space In-Lieu Fees This fee was established for the acquisition and expansion of open space for the City and is not an Impact Fee as defined by AB 1600. The only expenditure for the fiscal year in this account was for the Froom Ranch Improvement. There were no other fully funded projects that were incomplete as of June 30, 2013. At June 30, 2013 the account held $195,026 and of this amount, $11,997 has been held for more than 5 years. There is no limit to the time the City can retain these fees; however, we report it here as an information item. Affordable Housing Inclusionary Impact Fees This impact fee was established for funding affordable housing inclusionary programs in the City and is also not an impact fee as defined by AB 1600. The only expenditure for the fiscal year in this account was a contribution to the SLO County Housing Trust Fund which was recently authorized by the City Council. There were no other fully funded projects that were incomplete as of June 30, 2013. At June 30, 2013 the account held $1,928,669. There is no limit to the time the City can retain these fees; however, we report it here as an information item. CONCURRENCES The Public Works and Utilities Departments concur with the recommendations contained within this report. FISCAL IMPACT This report recommends making the findings called for in the resolution in order to allow the impact fees that are 5 years old to be retained by the City to fund identified projects. In the event that these findings are not made, the monies that are 5 years old must be returned to the developers that paid the fees. The in-lieu fees which have balances that have been held for at least 5 years are not subject to the same finding requirement to allow their retention, but staff has included a finding in the resolution affirming the need for retention of these monies. ALTERNATIVES Council could choose not to make the findings called for in this report. This is not recommended since it means that impact fees that were collected for future projects must be refunded to the developers who paid them and the City will lack the funds necessary to complete the planned projects. ATTACHMENTS 1. Resolution 2. Fee Analysis Schedules 3. Fee schedules B1 - 3 Attachment 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA ACCEPTING THE 2012-13 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES AND MAKING CERTAIN FINDINGS RELATED THERETO WHEREAS, California Government Code 66006 requires an annual public review of all impact fee accounts maintained by a public agency such as the City of San Luis Obispo within 180 days of the fiscal year end; and WHEREAS, California Government Code 66001 requires the governing body to make certain findings related to impact fee balances on hand longer than five years; and WHEREAS, staff has prepared the 2012-13 Annual Report on Development Impact Fees in compliance with the Government Code and which is incorporated by reference herein and which has been available for public inspection at least 15 days prior to this regularly scheduled meeting; and WHEREAS, the Airport Area Impact Fee and Transportation Impact Fee Funds each have a portion of their balance that has been on deposit for five years or more; and WHEREAS, The Parkland In-Lieu Fee and Open Space In-Lieu Fee Funds each have a portion of their balance that has been on deposit for five years or more and while not subject to the time limit for retention of those monies imposed by AB 1600, the City Council desires to affirm the need to retain these monies for use in funding the future capital improvements for which these monies were collected; and WHEREAS, additional funds need to be accumulated in such fee accounts before such funds are sufficient to construct the facilities for which the fees were collected. NOW, THEREFORE, the City Council of the City of San Luis Obispo hereby finds orders and resolves as follows: 1. All of the above recitals are true and correct. 2. The 2012-13 Annual Report on Development Impact Fees is accepted. 3. A copy of the approved resolution shall be forwarded to the Director of Finance for use in overseeing these monies. 4. The balances in the Airport Area Impact Fee, Transportation Impact Fee, Open Space In-Lieu and Parkland In-lieu Fee Funds are necessary for the completion of those projects that are identified in the Fee Studies for which they were collected, B1 - 4 Attachment 1 in accordance with Sections 66001 and 66006 of the California Government Code and other applicable regulations. * * * * * * Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 10th day of December, 2013. ____________________________________ Mayor Jan Howell-Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney B1 - 5 At t a c h m e n t 2 1 B1 - 6 At t a c h m e n t 2 2 B1 - 7 At t a c h m e n t 2 3 B1 - 8 At t a c h m e n t 2 4 B1 - 9 At t a c h m e n t 2 5 B1 - 10 At t a c h m e n t 2 6 B1 - 11 At t a c h m e n t 2 7 B1 - 12 At t a c h m e n t 2 8 B1 - 13 At t a c h m e n t 2 9 B1 - 14 At t a c h m e n t 2 10 B1 - 15 At t a c h m e n t 2 11 B1 - 16 At t a c h m e n t 2 12 B1 - 17 At t a c h m e n t 2 13 B1 - 18 At t a c h m e n t 2 14 B1 - 19 At t a c h m e n t 2 15 B1 - 20 At t a c h m e n t 2 16 B1 - 21 At t a c h m e n t 2 17 B1 - 22 At t a c h m e n t 2 18 B1 - 23 At t a c h m e n t 2 19 B1 - 24 The following schedule represents the per unit charge for the fees shown Attachment 3 1B1 - 25 Attachment 3 2 B1 - 26 Attachment 3 3 B1 - 27 Attachment 3 4 B1 - 28 FROM: Wayne Padilla, Director of Finance & Information Technology SUBJECT: UPDATE ON THE CITY’S FISCAL STATUS AND STATUS OF MAJOR CITY GOALS RECOMMENDATION 1. Review and discuss an update on the City’s fiscal status based on unaudited 2012-13 year-end financial results and first quarter trends in 2013-14. 2. Review and discuss the status of the City’s progress in accomplishing the Major City Goals adopted by Council for 2013-15. REPORT IN BRIEF This report provides information on three related topics: • 2012-13 unaudited financial results. • 2013-14 fiscal outlook for the General Fund and the Enterprise Funds. • Update of progress on Major City Goals and Other Important Objectives. Interim financial results for the 2012-13 year reflect a number of positive outcomes. First, realized General Fund revenues exceeded budget estimates by $1.4 million, even after the deferral of $300,000 in Development Fees into the current year to pay for the cost of development plan reviews. Transient Occupancy Taxes exceeded the pre-recession peak in 2011-12 and have continued to grow, increasing by 6.7% in 2012-13. Property taxes grew for the first time in three years, reflecting 2% growth over the prior year. These results confirm that the City is realizing slow, steady growth in the major revenues of the General Fund and is no longer facing the budget shortfalls of two years ago. With respect to expenses, the General Fund realized savings of $2,700,000 or 4.5% of the budget, after taking into account the annual rollover of encumbrances to the current year that represents future obligations to vendors totaling $1,756,000. The expenditure savings came from a variety of spending categories and across all departments. With respect to the Water and Sewer Enterprise Funds, revenues exceeded budget estimates by a wide margin, mainly because operating revenues from the final quarter were much stronger than anticipated and development impact fees surged during the same period. Water Fund impact fees exceeded the budget by $618,000 while operating revenues came in $530,000 over the budget estimate. These amounts were partially offset by lower interest income which was $225,000 below the budget estimate. The Sewer Enterprise Fund revenues were $1.1 million over the budget estimate. Development Impact fees accounted for $100,000 of the difference while service charges came in $1.0 million more than was expected after the last budget revision in June. The City has made great strides on the path to fiscal sustainability since the last formal update to the General Fund Five-Year Fiscal Forecast two years ago. This forecast concludes that the City is no longer facing continuing long term structural budget gaps of the nature projected in the same forecast two years ago. However, one cannot overlook that forecast revenues will be 12-10-13 B2 - 1 Update on the City’s Fiscal Status and Major City Goals Page 2 reduced by more than $7 million in the event that the Measure Y revenue stream is not continued past April 2015. The City has an ambitious portfolio of work to be accomplished during 2013-15. Attachment 1 includes a detailed report on the status of Major City Goals and Other Important Objectives set by the Council as part of the 2013-15 Financial Plan. The status is provided as of November 1, 2013. Important progress has been made on all seven Major City Goals and the three Other Important Objectives. Summarized later in this report are some high profile accomplishments that are worthy of further attention including the full implementation of the Community Action Team by the Police Department, steps taken to enhance the Park Ranger Service, the completion of two important bicycle-oriented projects and achievement of a major milestone in the efforts to adopt an updated Land Use and Circulation Element. Overall the efforts being dedicated to Major City Goals, departmental work programs and day-to-day service are paying dividends in terms of service to the community. DISCUSSION Unaudited 2012-13 Year-End Results Summary While the annual outside audit is not yet complete, staff believes the following information is sufficiently accurate to portray the financial results that were achieved as of June 30, 2013. 2012- 13. Final audited financial statements are expected to be issued by the end of December 2013 and the Comprehensive Annual Financial Report (CAFR) is scheduled for presentation in January 2014. The following tables provide comparisons between the budget and the actual results for both revenues and expenditures of the General Fund. Budget Actual Variance 14,006,29214,298,400 292,108 6,340,0006,493,800153,800 9,003,0009,176,600 173,600 3,533,2003,533,189 (11) 4,662,7004,928,000 265,300 5,395,0005,572,400 177,400 2,498,0002,552,300 54,300 2,050,0002,038,900 (11,100) 1,233,8001,198,500 (35,300) sub-total48,721,99249,792,0891,070,097 Development Review Fees 2,360,9002,595,200 234,300 Recreation Fees 1,527,9001,747,900 220,000 Other Service Charges 1,867,7001,851,400 (16,300) Use of Money & Property289,000282,900 (6,100) Subventions & Grants 1,562,9001,355,200 (207,700) Fines & Forfeitures 167,200159,700 (7,500) VLF 019,300 19,300 Other Sources *1,147,2831,270,345 123,062 sub-total8,922,8839,281,945359,062 Total:57,644,87559,074,0341,429,159 Franchise Fees Business Tax Gas Tax/TDA Major Tax Revenues Service Charges Sales Tax: General Sales Tax: Measure Y Property Tax Property Tax in Lieu of VLF Utility Users Tax Transient Occupancy Tax B2 - 2 Update on the City’s Fiscal Status and Major City Goals Page 3 Overall, because of prudent spending and over-realized revenue the General Fund’s undesignated Reserve grew by $5.3 million which exceeded the budget estimate by $5.1 million. Part of this increase ($1.8 million) is due to a one-time adjustment made directly to the fund balance in order to recognize accrued sales taxes according to the calculated value by the State. Going forward, sales taxes will remain in line with the normal budget forecast growth trends and no significant adjustments to the year-end accrual will need to be made. While this is good news by any measure, in accordance with City’s Budget and Fiscal Policy, any potential use of the excess reserve should be focused on one-time expenses. As part of the Sustain Fiscal Health Major City Goal a number of analyses are underway which may present opportunities to use these funds including but limited to the analysis of paying down obligations to the California Public Employees Retirement System and making a change as it relates to workers compensation and liability insurance. Moreover, there are several other high priority projects that may benefit from one-time investments, such as limiting debt on the Los Osos Valley Road interchange project or investing in the new Homeless Services Center. Moreover, a contingency plan for the possible loss of the Measure Y revenue stream in the event that it is not extended beyond April 2015 is scheduled for development in the first half of 2014. Some of this amount in excess of the 20 percent reserve may be needed to fill the gap until the contingency plan can be fully implemented. Lastly, as indicated in September when the Council approved resources to address the workload in our development review functions, some of this funding may be needed to continue staffing and contractual services to process development permits. Staff will return at mid-year to provide an accounting of the funds previously dedicated to this effort. Additionally, since this is only the presentation of 2012-13 unaudited financial results, it is prudent to wait until the mid-year financial update is presented to the City Council in February before determining how much, if any, of the reserve should be applied to one-time costs. The adopted 2013-14 General Fund budget of approximately $59.9 million includes the use of $2.3 million from the reserve for one-time expenses. These costs include $1.2 million for Skate Park construction; $500,000 for replacement of Information Technology equipment; $500,000 for reinvestment in Major Facility Replacement projects; $20,000 for permit streamlining Budget Exp. + Encumb.Variance 3,382,4003,270,600(111,800) 1,104,0001,096,300(7,700) 3,121,3003,029,300(92,000) 5,437,0005,083,800(353,200) 4,002,0003,924,700(77,300) 3,783,5003,544,200(239,300) 11,981,00011,193,800(787,200) 15,275,80014,280,800(995,000) 9,915,5009,744,300(171,200) 58,002,50055,167,800(2,834,700) Transfer Out 6,887,4006,988,600101,200 Total Dept. + Transfers 64,889,90062,156,400(2,733,500) (3,732,100)(3,732,100)0 (2,100,000)2,100,000 59,057,80058,424,300(633,500) Police Fire Total Departmental Reimbursed Expenses Estimated Savings Savings in excess of estimate City Attorney Human Resources Finance & IT Community Development Parks and Recreation Public Works Administration Expenditures B2 - 3 Update on the City’s Fiscal Status and Major City Goals Page 4 implementation; $50,000 for Revenue Measure Outreach and Education. Had these one-time costs not been planned, the General Fund would reflect an excess over expenditures of $141,000. The following tables provide an overview of the unaudited results for the Enterprise Funds. The Transit program budgets for the full allocation of TDA revenues that are available each year, but can only recognize the amount needed to fund that year’s operations. At the end of the year any excess funds are deferred for use in a later year and this past year’s deferral shifted $462,000 into the current year. Savings in Parking CIP projects is mainly due to the early phase of design on the Palm-Nipomo parking structure. The design is budgeted but had not begun in earnest before the end of 2012-13. The revenue variance is due largely to the program having paid $74,000 more in surcharges to the county for processing parking tickets, based on higher than expected overall fine generation. Water Fund Budget Exp. + Variance Revenues 17,418,700 18,358,400 939,700 Expenditures Operating Programs 15,311,200 13,784,700 (1,526,500) CIP Projects 1,959,000 1,322,900 (636,100) Debt Service 2,187,600 2,153,600 (34,000) Other Sources (Uses) 0 - 0 Totals: 19,457,800 17,261,200 (2,196,600) Sewer Fund Budget Exp. + Encumb. Variance Revenues 15,225,500 16,444,600 1,219,100 Expenditures Operating Programs 8,535,100 8,126,500 (408,600) CIP Projects 6,797,400 4,382,700 (2,414,700) Debt Service 2,995,000 2,939,800 (55,200) Other Sources (Uses) (67,600) 14,390 81,990 Totals: 18,259,900 15,463,390 (2,796,510) Transit Fund Budget Exp. + Encumb. Variance Revenues 4,545,600 4,066,700 (478,900) Expenditures Operating Programs 3,393,600 3,176,400 (217,200) CIP Projects 1,001,500 933,500 (68,000) Debt Service 0 - 0 Other Sources (Uses) 0 - 0 Totals: 4,395,100 4,109,900 (285,200) Parking Fund Budget Exp. + Encumb. Variance Revenues 4,863,100 4,756,300 (106,800) Expenditures Operating Programs 2,609,400 2,473,100 (136,300) CIP Projects 1,860,900 185,400 (1,675,500) Debt Service 1,525,600 1,518,700 (6,900) Other Sources (Uses) 100,000 100,700 700 Totals: 6,095,900 4,277,900 (1,818,000) B2 - 4 Update on the City’s Fiscal Status and Major City Goals Page 5 2013-14 General Fund Revenue Outlook The current economic cycle indicates a continuing slow and steady recovery. This is consistent with the revenue forecast that was built into the City’s 2013-15 Financial Plan. The Central Coast Economic Forecast (presented on November 22, 2013) indicates that the overall economic indicators for the region are positive and that the recovery is broad-based. Job growth is strong, tourism is playing an important role in the economic recovery and housing starts are growing. In sum, Jordan G. Levine Economist & Director of Economic Research for Beacon Economics indicated the following with regard to the entire county region: • San Luis Obispo is in the midst of a recovery o Labor markets growing, housing starts increasing and prices rising, and spending strong • One of the fastest growing areas in the state o 1 of 4 economies to exceed pre-recession peak • Recovery: broad based across sectors & cities o Ag, tourism, energy, spending and construction all in the growth mix • Energy projects conclude next year o Tourism and domestically-focused spending should offset • The County has come far since the end of the Great Recession o SLO is poised for continued growth in 2014 and beyond While the general outlook is positive there are a few aspects that are cause for concern. Mr. Levine pointed out that continued concerns about the availability of water may impact the future growth of certain industries as well as have an impact on housing and tourism. In addition, he reiterated and emphasized the pending changes to the funding formulas and increases to the employer rates b y the California Public Employees Retirement System (PERS). In addition to these concerns, the City cannot look past November 2014 in determining how the revenue stream may be altered if the Measure Y revenue stream is not extended. Finally, the City must continue its efforts to evaluate options for obtaining workers’ compensation and liability insurance. As the federal government faces continued uncertainty due to its inability to pass a budget, limit the growth of the federal spending limit and struggles with the issues related to the unsuccessful launch of the Affordable Care Act, local government must continue to wait and see if there will be financial impacts resulting from these issues. On the other hand, the State government seems to be feeling the positive effects of the turnaround in the economy and is practicing prudence in terms of avoiding major spending sprees with over realized revenues. The City’s top five General Fund revenues—sales tax, property tax, TOT, utility users tax, and property tax in lieu of vehicle license fee (VLF) – account for about 74% of total General Fund revenue sources. By focusing on them, one can obtain an excellent understanding of the City’s revenue position. Based on year-end results and preliminary information that has surfaced since then, the following is an initial, high-level assessment of the current outlook for these revenues in 2013-14. B2 - 5 Update on the City’s Fiscal Status and Major City Goals Page 6  Sales Tax. General sales tax receipts in 2012-13 were $292,000 (2.8%) higher than estimated due to recoveries in nearly every major business category: new motor vehicles, lumber and building materials, home furnishings, and department stores. Similar recoveries were experienced statewide. Revenues from the local ½-cent sales tax (Measure Y) were also higher than expected by $154,000 (2.4%). Actual results for 2012-13 indicate that general sales tax receipts have recovered to 2006-07 levels. The 2013-15 Financial Plan assumes that the revenue will grow by 3.8% in 2013-14 and 4% in 2014-15. Recent information received from HdL, the City’s sales tax monitor, indicates that our growth assumptions are on target, however it is prudent to wait until results are available for the current quarter of retail sales in order to determine if the holiday season generated the expected level of sales tax that was assumed in their forecast.  Property Tax. Property tax revenues for 2012-13 were $173,600 or 1% above the budget estimate and reflect the first growth period after 3 years of decline. The 2013-15 Financial Plan assumes that property taxes would grow by 4.4% in 2013-14 due in part to County’s lowering of the property tax administration fee by $170,000 annually. This reduction was legally mandated by a court ruling that applied to how counties could charge for the service of collecting the City’s portion of property taxes. In 2014-15, property taxes are estimated to grow by an additional 1.5%.  Transient Occupancy Tax (TOT). Results for 2012-13 were $177,000 better than the budget estimate and a total of 6.7% over the prior year. Based on the first three months of 2013-14, the City continues to see year-over-year increases in this revenue source. The 2013-14 budget assumes that TOT revenues will increase by 6.6% over 2012-13 and it appears that the strong start to the fiscal year will position the City to meet or exceed that target.  Utility Users Tax (UUT). Results for 2012-13 exceeded the budget estimate by $265,000 or 6%. This revenue is based on utilities including water, telephone, cable television, natural gas and electricity. The increase in revenue may be due in part to the adoption of Measure D which updated the UUT Ordinance and modified the rate applied against telecommunications charges while increasing the breadth of services to which the tax applies. Staff is still researching these results as it appears that an increased level of revenue is being realized due to the change in the ordinance but not enough time has passed to determine the amount of the increase on an annual basis. The UUT is forecast to grow by 2% in 2013-14 and 2.5% in 2014-15.  Property Tax in Lieu of VLF. This reflects revenues from the “swap” of VLF “backfill” revenues from the State in return for an offsetting portion of the property tax revenues. Actual results for 2012-13 were on target with estimates. This revenue is projected to increase 1.5% in 2013-14, based on current assumptions and information from the county. 2013-14 General Fund Expenditure Outlook General Fund expenditures are generally on target for the first quarter of 2013-14. City staff has a track record of containing costs within the overall approved budget. Other measures have been implemented that will contain costs including the creation of the 2nd Tier PERS program which B2 - 6 Update on the City’s Fiscal Status and Major City Goals Page 7 will continue to provide savings as new employees join the city under the new plan. These are all signs of prudent fiscal management. Unlike the issues that faced the City at the time the last 2-year Financial Plan was adopted, this Financial Plan’s expense patterns do not contain the same scope and scale of uncertainties with respect to establishing the baseline for employee compensation and benefits. Policy leadership by the City Council and implementation efforts by City employees have led to this outcome. Concessions achieved with all bargaining groups and unrepresented management personnel have resulted in annual, ongoing cost savings of $2.6 million in the General Fund and $3.1 million across all funds. These cost savings, coupled with past budget reductions and the slow, steady growth in revenues that the city is experiencing are helping the City maintain balanced budgets while funding critical services for its constituents and increasing its level of investment to vital infrastructure components. With respect to infrastructure, full funding of the Santa Rosa Skate Park is provided in the 2013- 15 Financial Plan, with construction slated to begin in 2014. Other projects are set to begin that improve bicycle facilities, reduce traffic congestion, maintain city streets and sidewalks and construct the Los Osos Valley Road/101 Overpass widening project which is set to begin during 2014-15. 2013-14 Outlook for Enterprise Funds Water Enterprise Funds Revenues Overall revenues are projected to increase by 4% ($726,100) in 2013-14 from the prior fiscal year. This reflects an increase in water service rates of 7.5% and a conservative estimate of development impact fee revenue. Revenue from water sales, including sales to Cal Poly, reflects prior year sales with the proposed rate increases applied. Development impact fee revenues for 2013-14 are projected to be $670,000 which is almost equal to the amount realized in 2012-13. To date, $450,000 has been received already this year. Overall, the assumptions about development impact fee revenues for 2013-14 reflect a strongly conservative approach based on an economy that is still recovering and inherent volatility in the building industry. Current year-to-date results suggest that water sales are on target to meet 2013-14 projections. Operating Program Expenses The Water Fund’s operating program budget was developed in order to provide the community with high quality, safe and reliable water services. Of the total operating program cost increase about half is attributable to a temporary need for additional project management to assist in delivering important capital projects to the community in a timely manner. This is a short-term need driven by the anticipated volume of capital project workload and available resources in Public Works at this time. The additional resources will be used to accomplish both Water and Sewer projects. Capital Improvement Plan Long-term infrastructure planning is essential to providing high quality, safe and reliable water services for the community. The City’s 2013-18 five-year Capital Improvement Plan (CIP) identifies approximately $2.5 million per year in projects that will maintain and replace the City’s water system infrastructure. These projects include pipeline replacements, major equipment upgrades, ongoing treatment processes, and technology. B2 - 7 Update on the City’s Fiscal Status and Major City Goals Page 8 Sewer Enterprise Fund Revenues Overall revenues are projected to increase by 3.5% ($535,500) in 2013-14 from the prior fiscal year. This reflects an increase in sewer rates of 4% and a conservative outlook on development impact fees. Revenue from sewer services, including sales to Cal Poly, reflect historic trends as well as the proposed rate increases. Development impact fee revenues are estimated at approximately $155,000 annually during 2013-15 which is less than ½ the amount that was received in 2012-13. The assumptions about development impact fees reflect a strongly conservative approach based on an economy that is still recovering and inherent volatility in the building industry. Operating Program Expenses The Sewer Fund’s operating program budgets were developed in order to provide the community with protective, reliable wastewater services.. Of the total operating program cost increases, $58,800 is attributable to a temporary need for additional project management to assist in delivering important capital projects to the community in a timely manner. This is a short-term need driven by the anticipated volume of capital project workload and available resources in Public Works at this time. The additional resources will be used to accomplish both water and sewer projects. Capital Improvement Plan The 2013-18 five-year Capital Improvement Plan identifies nearly $80 million in infrastructure improvement and replacement projects over the next five years. The Sewer Fund will be investing in four significant lift station replacements, pipeline replacements averaging $1 million per year, and major maintenance at the Water Reclamation Facility. In addition, the Fund is being prepared to support a $63.2 million upgrade at the Water Reclamation Facility in the five-year period. Transit Enterprise Fund The Transit Fund remains sensitive to fuel price fluctuations as well to some uncertainty in the on-going level of annual subsidy funding obtained from both the state and federal governments. While state funding has been forecast to increase by 22% in the current year, it is difficult to predict future levels, which causes staff to work very closely with their contacts at these agencies to stay on top of current developments. Parking Enterprise Fund The Parking Fund is benefitting from the forecast growth predicted for local retail sales as this is creating more usage of the parking lots and garages. The recent addition of Sunday parking services, the new credit-card meters and the weekend residential parking enforcement are strengthening the fund’s revenue base. MAJOR CITY GOAL UPDATE The attached report (Attachment 1) details the status of Major City Goals and Other Important Objectives set by the Council as part of the 2013-15 Financial Plan. The status is provided as of November 1, 2013. In general, we are on track in accomplishing the objectives based on the work programs adopted by the Council. As discussed in the report, there have been changes to the work programs due to a variety of factors; most of which are related to the timing of accomplishing tasks rather than the elimination of work program elements. Revised timelines are reflected by italics in the attached report. B2 - 8 Update on the City’s Fiscal Status and Major City Goals Page 9 Some exciting accomplishments since July include: • The City Council approved an ordinance to permanently institute a safe parking program. • The Community Action Team in the Police Department was fully implemented and is working diligently to address illegal and adverse behaviors such as public intoxication and aggressive panhandling that impact the community. • The City Council appointed 10 residents to the Revenue Measure Advisory Committee (RMAC) and the committee’s work is well underway. A variety of information in support of RMAC’s mission including Frequently Asked Questions and “story boards” on accomplishments from Measure Y have been posted to the city’s website. • The Class 1 bikeway which connects the Bob Jones Trail to Los Osos Valley Road is under construction and anticipated to be completed in the next quarter. • The Park Ranger Service has been enhanced with the addition of a new employee who will focus on maintenance and enhancement of the City’s open space. • Street reconstruction of California Boulevard including the installation of the “Green Bike Lane” (neon green bike lane that enhances bike safety at the Highway 101 exit) was completed during the first quarter of the fiscal year. • As part of the Land Use and Circulation Element (LUCE) update the City Council provided direction on the Physical Alternatives for future development sites. Details of each goal’s work program and status in achieving the tasks is provided in Attachment 1. Staff will present the next “formal report” to the Council in February 2014 as part of the 2013-14 Mid-Year Budget Review. In the interim, staff will keep the Council up-to-date on the status of major projects through agenda reports, Council Notes and other briefing opportunities. ATTACHMENTS 1. Major City Goal Update T:\Council Agenda Reports\Finance & IT CAR\Finance\2011\CAR First Quarter Update 12-13-11.docx B2 - 9 STATUS OF GOALS AND OBJECTIVES As of November 1, 2013 CITY OF SAN LUIS OBISPO Attachment 1 B2 - 10 STATUS OF GOALS AND OBJECTIVES As of November 1, 2013 TABLE OF CONTENTS INTRODUCTION Overview 1 Report Card: Major City Goals and Other Important Council Objectives 1 Action Plan Changes 2 Next Report 2 MAJOR CITY GOALS Homelessness 3 Neighborhood Wellness 7 Sustain Essential Services & Fiscal Health 10 Bike & Pedestrian Paths 15 Economic Development 17 Assess & Renew the Downtown 19 Skate Park Construction 21 OTHER IMPORTANT COUNCIL OBJECTIVES Open Space Expansion 23 Infrastructure Maintenance 26 Improve Transportation 30 CARRYOVER GOALS AND OBJECTIVES Update Land Use and Circulations Elements 32 STATUS OF MAJOR CIP PROJECTS Status of Major Capital Improvement 34 Plan (CIP) Projects Attachment 1 B2 - 11 INTRODUCTION E-1 OVERVIEW This report details the status of Major City Goals and Other Important Council Objectives set by the Council as part of the 2013-15 Financial Plan as of November 1, 2013. In general, we are off to a good start in accomplishing these objectives based on the work programs adopted by the Council. Report Card. The following is a quick “report card” on the status of Major City Goals and Other Important Council Objectives based on the “action plans” approved by the Council as part of the 2013-15 Financial Plan. As a benchmark, at November 1, 2013, we are 16 percent through the two-year Financial Plan period. Most of the goals and objectives are just getting started, but progress is being made nevertheless. Organization. The “report card” is followed by a short summary of notable changes from the original action plan. After this is a more detailed report on each Major City Goal and Other Important Council Objective, which shows the objective, action plan as adopted by the Council. Revisions are displayed as follows:  Additions are shown in italics;  Date changes are shown in italics and highlighted in a separate column; and  Deletions are shown in strikeout. Report Card: 2013-15 Major City Goals & Other Important Objectives – Percent Complete as of 11/1/13 Important Note Many of these objectives are multi-year goals that have activities associated with them that go beyond the 2013-15 Financial Plan period. This status report is focused on approved “Action Plan” tasks as of November 1, 2013. 0%10%20%30%40%50%60%70%80%90%100% Address Homelessness Neighborhood Wellness Preservation of Essential Services & Fiscal Health Bike/Pedestrian Paths Economic Development Strategic Plan Assess/Renew Downtown Skate Park Construction Major City Goals 0%10%20%30%40%50%60%70%80%90%100% Improve Transportation Infrastructure Maintenance Open Space Expansion Other Important Council Objectives Attachment 1 B2 - 12 INTRODUCTION E-2 ACTION PLAN CHANGES As noted above, in general we are off to a good start in accomplishing the 2013-15 goals and objectives based on the work programs adopted by the Council. Notable changes from the original action plans include the following: NEXT REPORT Staff will present the next “formal report” to the Council in February 2014. In the interim, we will keep the Council up-to-date on the status of major projects through agenda reports, Council Notes and other briefing opportunities. Attachment 1 B2 - 13 MAJOR CITY GOALS – ADDRESS HOMELESSNESS E-3 IMPLEMENT COMPREHENSIVE STRATEGIES TO ADDRESS HOMELESSNESS Objective: Implement comprehensive strategies to address homelessness in our City in partnership with other entities. Encourage existing, improved, and expanded services (including advocating to the County and other organizations for delivery of case management, drug, alcohol, and detoxification services, and mental health services), support the establishment of a new homeless services center, and pursue good-neighbor, safety, and quality of life programs (including restrooms), using technology as appropriate. Action Plan: Task Current Revised Encourage existing, improved, and expanded services 1. Increase coordination and representation of City interests in discussions with the County, social services providers and non-profit organizations for delivery of existing, improved and expanded services, including case management, drug, alcohol, detoxification, and mental health services. Ongoing 2. Continue the City’s Homeless Issues Working Group, and HSOC and FPDC participation to support and implement the 10-Year Plan and identify, evaluate, and implement strategies to reduce the impacts of homelessness on the City. Ongoing 3. Continue, and increase where feasible, financial support for Maxine Lewis, Prado, Safe Parking Program, GIA Program, Housing Programs and Warming Station. Ongoing 4. Utilize the Human Relations Commission to outreach to the community and maintain focus and strategic support and direction on homeless issues. Ongoing 5. Continue to implement Housing Element programs Ongoing 6. Work with developers to include affordable housing units in projects and to complete housing projects in process. Ongoing 7. Look for new opportunities to use Affordable Housing Fund and grant monies to leverage other funds for affordable housing projects. Ongoing Support the establishment of a new homeless services center 1. Execute a MOU between the City, County and CAPSLO to formalize the common objectives and methods for achieving development of a Homeless Services Center. 12/13 04/14 2. Continue, and increase where feasible, financial support for the Homeless Services Center. Ongoing Pursue good-neighbor, safety and quality of life programs 1. Implement a CAT team concept to address adverse transient/homeless behaviors. Ongoing Completed 2. Work with CAPSLO to enhance and support a comprehensive Good Neighbor Policy. Ongoing 3. Develop all elements needed for donation station implementation, including monitoring, 12/13 06/14 Attachment 1 B2 - 14 MAJOR CITY GOALS – ADDRESS HOMELESSNESS E-4 Task Current Revised maintenance, fund collection, deposition of funds, identification of recipients, and locations. 4. Council direction on option for restroom provision. 1/14 5. Collaborate with interested private entities to implement a donation station program. 2/14 Ongoing 6. Start restroom implementation with completion date dependent upon solution (see “Assess and Renew the Downtown” goal for specific recommendations.) 7/14 Status Summary: 12.5% Complete. The following is a summary of accomplishments and important next steps for this goal: Affordable Housing The City facilitates the provision of affordable housing and provides leadership in implementing the 10-Year Plan by partnering with a variety of social service providers and the Countywide Homeless Services Oversight Council (HSOC). Providing affordable housing is one of the key objectives in transitioning homeless persons. This effort includes administration of the City’s CDBG program, Housing Element implementation, awards of the City’s Affordable Housing Fund to support transitional and low income housing, administration of the City’s Inclusionary Housing Program, and participation in the planning and execution of a variety of special projects including the warming station at the Prado Day Center, the safe parking program, and the proposed Homeless Services Center project. On August 20th, Council adopted changes to Chapter 17.90 (Affordable Housing Incentives) of the Zoning Regulations to be consistent with State density bonus law. The City’s Affordable Housing Incentives were last updated in 1995 and State law related to affordable housing production has substantially changed. Some highlights of the adopted changes include additional definitions, greater percentage of density bonus allowed for providing affordable housing and additional options for alternative incentives and concessions. This amendment was particularly timely since the City is updating the Housing Element and jurisdictions must have updated density bonus ordinances. Staff is collaborating with HASLO regarding their option to develop affordable housing in the Margarita Area Specific Plan (MASP). HASLO is in the preliminary stages of developing plans to construct affordable housing on a two acre property that is required to be dedicated by the property owner/developer of the subdivision. Work commenced on updating the City’s General Plan Housing Element. State law establishes a schedule for cities and counties to periodically update their housing elements. Under this schedule, the City is required to adopt an updated housing element on or before June 30, 2014. The update process is a tool to modify housing policies and programs to reflect the changing needs, resources, and conditions in the community, and to respond to changes in housing law. On November 19th, Council will consider an Affordable Housing Fund award for the Housing Trust Fund (HTF) in the amount of $30,000. The HTF provides three key services that benefit affordable housing in the City of San Luis Obispo: 1) financing, 2) technical assistance and 3) advocacy. The HTF provides funding for affordable housing projects, including property acquisition, construction and refinancing. HTF staff also serves as a resource to City staff working with developers on affordable housing projects. On September 27th, Habitat for Humanity of San Luis Obispo County (HFH), City officials and a number of community partners attended a home dedication ceremony for the families of HFH’s affordable housing development located at 3212 Rockview Place. The site is approximately 12,000 square feet in area and the project included the development of three single-family homes. These homes are deed restricted for purchase by very-low income families under the City’s long- Attachment 1 B2 - 15 MAJOR CITY GOALS – ADDRESS HOMELESSNESS E-5 term affordability program. Each home occupies its own lot and includes approximately 1,000 square feet of living area with three-bedrooms and 1½ baths. The Habitat families that purchased the homes have performed over 500 hours of sweat equity on their home. They purchased the homes with a no-interest loan and their monthly mortgage payments will be used to support Habitat’s work throughout the County. The City contributed a Community Development Block Grant of $241,217 and an Affordable Housing Fund grant of $38,783 for property acquisition and site clearance and remediation. On October 15th, Transistions Mental Health Association of San Luis Obispo County (TMHA), City officials and a number of community partners attended an open house and guided tour of “Hope House”, TMHA’s recently constructed permanent supportive housing development located at 1306 Nipomo Street. The project included the renovation of an existing 2,333 square foot home into two studio units and a wellness center and construction of a new two-story building with six studio units and vehicle parking. All eight units are fully furnished and residential support services for the tenants are provided on-site in the wellness center. These units are deed-restricted for rent by very-low income individuals under the City’s long-term affordability program. The City contributed development review and citywide impact fee waivers to the project. The Moylan Terrace housing development located at 851 Humbert Street has completed and sold Phase 1 of the development. The project includes 80 residential townhomes and a building with a community room and one rental apartment. Of the 81 units, 49 are deed-restricted under the City’s long-term affordability program with the remainder to be sold as “workforce housing” (between 120% and 160% of the County median income). The project includes a mix of affordability for the 49 deed-restricted units, including 2 very-low, 14 low and 33 at the moderate income levels. Phase 2 of 7 is under construction with completion expected in spring of 2014. The City contributed an Affordable Housing Fund grant of $709,900 for property acquisition and development review and citywide impact fee waivers for the affordable units. Homeless Services On October 1st, Council approved amendments to Title 17 (Zoning Regulations) of the Municipal Code to permit and provide standards for the operation of safe parking facilities on private properties within the City. The Ordinance provides a limited exception to allow safe parking facilities on property located outside of the public right-of-way in certain zoning districts subject to permit requirements; performance standards and use permit considerations to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing. This Ordinance is effective October 31st. On October 1st, Council adopted funding priorities for the 2014 CDBG Program Year. The City has received seven applications requesting a total of $754,695. The City expects to receive approximately $460,000 for the upcoming year. The City has a Homeless Issues Working Group to support and implement the 10-Year Plan and to identify, evaluate, and implement strategies to reduce the impacts of homelessness on the City. The Working Group meets bi-monthly and is made up of executive team members that have programmatic responsibility in areas that serve the homeless population, or serve community members that are impacted by homelessness. Staff provides leadership in implementing the 10-Year Plan by working with CAPSLO and other housing and service providers including considering ways to encourage transitional housing and “housing first” options. Staff implements the General Plan Housing Element, which contains policies and programs that support housing and service agencies whose mission it is to develop programs for the City’s homeless population. Staff promotes collaborative efforts and opportunities to address the needs of the homeless population and acts as the City liaison to HSOC and Friends of Prado Day Center. Staff was actively involved with the 2013 Homeless Enumeration Report. Every two years, all jurisdictions receiving federal funding to provide housing and services for the homeless are required by HUD to conduct a point-in-time count of Attachment 1 B2 - 16 MAJOR CITY GOALS – ADDRESS HOMELESSNESS E-6 sheltered and unsheltered homeless persons at a single time during the last ten days of January. The data collected through these counts help the federal government and local jurisdictions better understand the nature and extent of homelessness and plan for needed programs and services. Additionally, local jurisdictions use the findings of their point-in-time count to apply for federal funding for homeless programs. In 2013, the San Luis Obispo County Continuum of Care is expected to receive approximately $1 million in federal funds for homeless services. Staff is developing a Homeless Solutions webpage that will consolidate information regarding homeless programs, resources and links to helpful agencies. Pursue Good Neighbor, Safety and Quality of Life Programs #1 CAT Team Concept - staff has assigned two officers who are currently working in the CAT Team capacity addressing adverse transient/homeless behaviors. 3. & 5: Donation Stations – The Downtown Association Board of Directors voted to participate and support this program as a lead partner. The United Way has partnered with the program and is acting as the non-profit 501c(3) which will receive and distribute donations collected by the City. Specific beneficiaries have yet to be determined. The project is in its early phases which currently includes a marketing campaign. It is expected this will take place in the next sixty days. Other phases will include identifying donation meter locations for installment and collection of donations. It is anticipated that donation stations will be installed in the spring after careful coordination with local merchants and the Downtown Association. Staff is currently preparing a memorandum of agreement to formalize the operations once the program Restrooms Increasing restroom availability after the closure time of restrooms available in the daytime is underway. Details are covered under the Downtown Goal. Attachment 1 B2 - 17 MAJOR CITY GOALS – NEIGHBORHOOD WELLNESS INITIATIVES E-7 CONTINUE AND ENHANCE NEIGHBORHOOD WELLNESS INITIATIVES Objective: Continue and Enhance Neighborhood Wellness Initiatives. Continue to support proactive code enforcement, pursue a residential rental inspection program, improve street cleanliness, increase public safety enforcement, and support neighborhood led initiatives. Action Plan: Task Current Revised Proactive Code Enforcement 1. Develop a code enforcement hearing officer program and associated training protocols Ongoing 2. Produce and distribute quarterly Neighborhood Wellness newsletteri Ongoing 3. Noise abatement and residential parking district enforcement by SNAP Ongoing 4. Improved education/outreach plan for neighborhood noise abatement. 8/13 Ongoing 5. Implement a lien process for uncollected fines and incurred costs. 8/13 3/14 6. Establish an Abatement Fund 9/13 3/14 7. Conduct comprehensive municipal code review to identify possible amendments to code to facilitate code enforcement efforts. 11/13 Rental Inspection 1. Identify best practices and complete a draft outline of the program 8/13 11/13 2. Conduct outreach with stakeholders to obtain input on the draft program outline 9/13 to 3/14 3. Review stakeholder input with Council and receive policy direction 4/14 4. Revise program outline and draft an ordinance 5/14 7/14 5. Conduct outreach with stakeholders on the revised program outline and ordinance 6/14 8/14 6. Agendize the Ordinance for public hearing and Council adoption 7/14 12/14 7. Begin rental inspection program if adopted by the City Council 3/15 7/15 Street Cleanliness 1. Identify problematic areas 10/13 Attachment 1 B2 - 18 MAJOR CITY GOALS – NEIGHBORHOOD WELLNESS INITIATIVES E-8 Task Current Revised 2. Develop informational materials and delivery methodology to educate residents on their sweeping day and the benefits of keeping cars off the streets for the sweeping 12/13 3. Evaluate informational campaign effectiveness 3/14 6/14 4. If needed, develop and implement enforcement activities 10/14 Public Safety Enforcement 1. Implementation and coordination of CAT team to address neighborhood concerns 7/13 Ongoing 2. Continue the development of park and neighborhood officers within identified geographical boundaries for residential connectivity and collaboration Ongoing Neighborhood Initiatives 1. Obtain Council direction for guidelines and process for “Neighborhood Match” grants for neighborhood improvement projects 1/14 3/14 2. Develop database of neighborhood boundary areas and contact information 1/15 3. Complete neighborhood tree plantings – as requested Ongoing Status Summary: 10% Complete. The following is a summary of accomplishments and important next steps for this goal: Proactive Code Enforcement 1. Quarterly Newsletter – staff has produced two newsletters, spring 2013 and summer 2013 and will be releasing fall 2013 in November. Content is comprised of updates on existing neighborhood related projects as well as information on upcoming meetings, events and programs. Distribution is electronic and the newsletter is emailed to residents who have indicated they’d like to receive the document. The Newsletter is also shared with Cal Poly and Cuesta administration. The newsletter is also posted on the Police Department page of the City website. 2. Noise abatement and parking enforcement by SNAP – The SNAP schedule and responsibilities have been fine tuned. SNAP is now reporting for shifts earlier as to better enforce residential parking districts. SNAP is also responding to noise complaints during all six weekly shifts. Two SNAP teams are scheduled for traditionally busy times (start of school, Halloween, etc.) to allow for quicker response time to noise complaints. Additionally, they are assisting with graffiti abatement and abandoned bicycle retrieval. 3. Outreach – with the amendments to Safety Enhancement, an extensive outreach strategy was put into place in August and September. All property owners with business tax licenses were mailed a postcard explaining the safety enhancement changes. Door hangers were distributed to over 3,000 residences in the neighborhoods which have a high percentage of student age residents. The door hanger shared safety enhancement and “Avoid Party Regret” information as well as “how to be a good neighbor” reminders. Two ads were run in the Mustang Daily, a full page in the WOW edition and a quarter page in the Back to School edition and continued the safety enhancement and “Avoid Party Regret” messaging. The Office of Neighborhood Services Facebook page was updated daily with rotating safety enhancement, “Avoid Party Regret” and be a good neighbor message. Staff attended a variety of in-person events to share noise abatement Attachment 1 B2 - 19 MAJOR CITY GOALS – NEIGHBORHOOD WELLNESS INITIATIVES E-9 information: Cuesta new student orientation in August, WOW leader training prior to the start of WOW, two-day WOW resource fair for new students, Inter-fraternal Council, PanHellenic Council, four fraternity chapter meetings and one sorority chapter meeting. Staff is also scheduled to present to the Neighbors North of Foothill annual meeting in mid- November. Outreach for Halloween will include print ads in the Mustang Daily, New Times and posters distributed by the Downtown Association for food and beverage outlets. Cal Poly and Cuesta administration will be assisting with electronic distribution of the Halloween enforcement information. 4. The two interns from Germany and the fellow in the City Attorney’s Office are collaborating on multiple fronts to improve the overall citation appeals process, developing a lien process that is outlined in State law and the City’s municipal code. Additionally, staff is doing research on the establishment of an abatement fund to assist with abatement efforts when exigent health and safety conditions exist that require immediate attention and action. Rental Inspection A Draft Project Plan for the development of a Rental Housing Inspection Program was presented to the Development Oversight Committee in October 2013 and it is being further refined. Two interns from the University of Ludwigsburg, Germany, arrived on October 21st and will be assisting with the program research through January 16, 2014. They will be analyzing rental housing programs in other cities and identifying the range of best practices and options available for possible inclusion in a proposed program for San Luis Obispo. Public Safety Enforcement 1. CAT Team – staff has assigned two officers who are currently working in the CAT Team capacity addressing neighborhood concerns. Street Cleanliness Work is nearly complete to identify problem areas. During the months of October and November, the City’s Sweeper Operator is documenting portions of the City where curb sweeping is not possible due to parked cars. This will focus future educations efforts to problem areas. Preliminary discussions occurred in September with Utilities staff experienced in public education, to identify potential education mechanisms. Additional time is anticipated to implement and evaluate educational efforts, as experience indicates using a multi-faceted approach has the greatest likelihood of success, but will take more time to implement. Attachment 1 B2 - 20 MAJOR CITY GOALS – SUSTAIN ESSENTIAL SERVICES & FISCAL HEALTH E-10 SUSTAIN ESSENTIAL SERVICES, INFRASTRUCTURE, AND FISCAL HEALTH Objective: Sustain essential services, infrastructure, and fiscal health: preserve public health and safety and provide essential services in line with residents’ priorities and sustain the City’s short and long term fiscal health by planning future revenues (including renewal of Measure Y or an alternative measure), while implementing contingency planning, efficiency measures, and cost containment strategies including implementation of the Compensation Philosophy and monitoring further pension and benefit issues. Action Plan: Task Current Revised Plan future revenues including renewal of Measure Y or an alternative measure, as well as contingency planning 1. Create a nine-member Advisory Committee appointed by the City Council to guide outreach efforts, advise staff in the creation of the outreach effort, and implementation of the Major City Goal work plan, as well as provide advice and counsel to the City Council regarding future revenues. 7 – 8/13 Complete 2. Analyze Measure Y revenues and expenditures and identify community-wide benefits generated through the use of this local revenue source. 8 – 9/13 Complete 3. Conduct a survey regarding residents’ priorities and report the results back to the community. 9/13 11/13 4. Conduct study session to review options for alternative revenue measures, advisory measures, or other revenue alternatives in line with residents priorities. 12/13 5/14 with Committee recommendations 5. Prepare background information and alternatives for contingency planning and conduct a series of study sessions with the City Council regarding likely budget reductions and other contingency planning that would need to occur if Measure Y, or a different revenue measure, is not reauthorized. 7/13 – 2/14 7/13-6/14 6. Provide information to the community regarding the benefits of locally controlled revenue sources, such as Measure Y, through a variety of methods and informational outlets, including: a. Organize a speakers bureau of community members to engage the community about the benefits of Measure Y b. Make staff available to present information regarding Measure Y benefits at a wide variety of community meetings and to service organizations c. Present useful information about the benefits of Measure Y on the City’s website d. Use Facebook and Twitter to highlight key information and bring interested citizens to the website e. Direct mailing to registered voters. 1 – 11/14 7. Conduct annual Measure Y Community Forum 3/14 8. Conduct study session to review options for alternative revenue measures, advisory measures, or other revenue alternatives in line with residents priorities. 5/14 Attachment 1 B2 - 21 MAJOR CITY GOALS – SUSTAIN ESSENTIAL SERVICES & FISCAL HEALTH E-11 Task Current Revised 9. City Council consideration of a ballot measure to reauthorize the City to collect a ½- cent sales tax, or authorize a different revenue measure if in line with residents’ priorities. 5/14 7/14 10. If reauthorization of Measure Y or a new revenue measure is not placed on the ballot, begin to implement contingency plans for necessary, future budget reductions. 7/14 11. If a proposed revenue measure fails at the ballot box, begin to implement contingency plans for necessary, future budget reductions. 11/14 Continue to closely review and monitor the City’s fiscal condition 1. Update General Fund Five-Year Forecast at least twice annually, at mid-year and with the recommended budget while ensuring that effective revenue and expenditure trend monitoring tools and processes are utilized. Ongoing 2. Prepare focused reports on areas of interest to City Council and management such as projected pension cost trends, insurance program costs, and investment performance and strategies. Ongoing 3. Beginning in 2014-15, self-assess one percent of salaries to be used to reduce CalPERS obligation. Ongoing 4. Present a cost benefit analysis to Council regarding the City’s ability to make payments on the CalPERS Tier 1 Safety Side Fund, pensions, or to offset ongoing employer rate increase. 4/14 Continue emphasis on effectiveness and efficiency of the City organization 1. Continue to perform organizational reviews; prioritizing the implementation of recommendations focused on improving effectiveness and efficiency. Ongoing 2. Continue to review and implement ideas for savings or increased revenues as recommended by community members and staff. Ongoing 3. Continue use of benchmarking and best practice reviews in evaluating recommendations. Ongoing 4. Implement benchmark analysis to compare key financial and outcome measures with comparable jurisdictions. 9/13 2/14 5. Identify opportunities for managed competition in City functions as identified from the results of benchmark analysis and organizational or best practices reviews. Ongoing 6. Examine feasibility of establishing and monitoring performance measures instead of workload measures. 12/14 7. Evaluation of cost effectiveness of leasing instead of purchasing equipment. Ongoing Attachment 1 B2 - 22 MAJOR CITY GOALS – SUSTAIN ESSENTIAL SERVICES & FISCAL HEALTH E-12 Identify and address long-term liabilities that are important to the City’s fiscal sustainability 1. Refine the five-year capital improvement program that will responsibly protect the City’s infrastructure assets, including building facilities, and develop a plan for funding as needed. Ongoing 2. Establish replacement and funding plans for equipment. 10/13 – 2/14 6/14 3. Establish replacement and funding plans for information technology assets. 10/13 – 2/14 6/14 4. Periodically review liability and workers compensation claims trends and update a plan of funding if needed. Ongoing 5. Monitor liability and workers compensation claims to ensure best practices in prevention are implemented and costs reduced. Ongoing 6. Provide preliminary notice to the CJPIA of City’s intent to explore other coverage options. 7/13 Complete 7. Thoroughly review liability and workers compensation coverage, claims history, and other services provided by CJPIA and explore alternatives that ensure appropriate risk management and cost effectiveness. 7/13 – 4/14 8. Engage an outside consultant to initiate a cost basis analysis to evaluate and document the costs and impacts of the City’s Utilities operations on General Fund supported operations and facilities, including but not limited to City streets and right-of-way, to ensure appropriate and supportable franchise in-lieu or other appropriate charges to the water and sewer funds. 7/13 – 9/13 10/13 – 3/14 9. Report options to Council and provide recommendation. 4/14 Continue to monitor personnel costs and develop strategies to effectively manage the cost. 1. Continue to monitor personnel cost. Ongoing 2. Continue to monitor and support appropriate pension reform Ongoing 3. Continue to monitor pension costs and consider strategies to effectively reduce liabilities associated with the pension program. Ongoing 4. Analyze the effects of the “pay or play” mandate pursuant to the Affordable Care Act and recommend a plan of funding if applicable. 11/13 Complete 5. Assist in the development and coordination of the HRACC compensation and benefits survey to ensure appropriate local private sector data is available for use in future analysis. Participate in the survey. 7/13 – 12/13 Complete 6. Conduct a market compensation comparison of benchmark classifications in SLOCEA and management. 1/14 – 6/14 11/13-6/14 7. Develop a labor relations strategy to guide upcoming negotiations. 1/14 – 12/14 Attachment 1 B2 - 23 MAJOR CITY GOALS – SUSTAIN ESSENTIAL SERVICES & FISCAL HEALTH E-13 8. Conduct labor negotiations consistent with Council’s labor relations strategy with represented employee groups; initiating negotiations prior to expiration of current agreements 9/14 –6/15 Status Summary: 20% Complete. The following is a summary of accomplishments and important next steps: Plan Future Revenues The City Council has appointed 10 residents to serve on the Local Revenue Measure Advisory Committee (LRMAC). The LRMAC is supported by a facilitator, Dale Magee of Catalyst Consulting, and has been meeting regularly. The mission and responsibilities of the LRMAC include: 1. Analyze the City’s stewardship of Measure Y resources 2. Seek community input regarding their preferences and local revenue measure spending priorities 3. Develop recommendations specific to the November 2014 General Election regarding alternatives for reauthorization of Measure Y, or the creation of a new revenue measure 4. Assist the City in performing community outreach and education. Prior to November 1, the LRMAC held three meetings. The first meeting covered Measure Y Fundamentals, Services and Outcomes; the second meeting covered rules and regulations relating to revenue measures and an overview of all of the different revenue measures considered across the State in 2012; the third meeting focused on community priorities a nd included a presentation from the City’s public opinion research consultant. In addition, the LRMAC completed a significant amount of planning for a November 21 Measure Y Open House. The purpose of the Open House is to give the public an opportunity to speak directly with Committee members. Staff will report the results of this event to the City Council. Identify and Address Long Term Liabilities In April 2011, staff notified the California Joint Powers Insurance Authority (CJPIA) of its intent to withdraw membership from the liability and workers compensation programs effective July 2014. Staff prepared a project plan to guide a thorough evaluation of alternatives to the CJPIA. A consultant, Tom Sinclair of Municipal Resource Group, was retained to assist in this project. Mr. Sinclair has worked with staff to identify the risk management needs of the City including insurance coverage, training, and risk management consultation given the City utilizes a decentralized risk management model at this time. Mr. Sinclair has identified several possible risk pools that will be evaluated to determine feasibility and fit with the City’s requirements. Ultimately a cost analysis will also be conducted. In October 2013 staff presented to Council an update on the Affordable Care Act (ACA) Employer Shared Responsibility Implementation and Council adopted a resolution establishing that the City will comply with the ACA, Employer Shared Responsibility. This provision, which goes into effect January 1, 2015, is more commonly referred to as the “Play or Pay Mandate” and requires that employers offer health insurance coverage that is “affordable” and of “minimum value” to “substantially all” of its full-time (on average 130 hour per month) employees and their dependent children. While this provision doesn’t go into effect until January 2015, the City must establish a measurement period and start preparing for the detailed administration of this provision. Further, staff presented a proposal for ensuring health coverage was affordable to temporary full time employees under the ACA. HR staff participated in the development of the HRACC Compensation and Benefit Survey and also completed the survey when it was sent out. We are awaiting results that are expected by December 31, 2013. On November 5, 2013 staff presented a report approved by Council that outlined the plan and approach to conducting the 2014 Benchmark Compensation Study along with how the results of the Study will help inform Council’s development of labor relations Attachment 1 B2 - 24 MAJOR CITY GOALS – SUSTAIN ESSENTIAL SERVICES & FISCAL HEALTH E-14 objectives. A consultant, Geoffrey Rothman has been retained and will start working with staff, an employee committee, and the Personnel Board on November 18th and 19th, 2013. Current workload is delaying the completion of the calculations needed to determine the replacement funding needs for equipment and information technology assets. Peripheral work is being completed at this time. Attachment 1 B2 - 25 MAJOR CITY GOALS – BIKE & PEDESTRIAN PATHS E-15 EXPAND BICYCLE AND PEDESTRIAN PATHS Objective: Expand bicycle and pedestrian paths to improve connectivity and safety, including continued progress on Rail Road Bicycle and Pedestrian Safety Trail and Bob Jones Trail, and pursuit of other options contained in the Bicycle Transportation Plan. Action Plan: Task Current Revised Railroad Safety Trail 1. Complete design of Class I bikeway – Taft to Pepper (contingent on TIF and future grant funding availability). 6/14 Bob Jones City-to-Sea Trail 2. Complete construction of Class I bikeway connection to LOVR 2/14 3. Complete route planning of Class I bikeway – Octagon Barn Connection. 4/14 4. Begin design of bicycle facilities as part of the Prado Road Bridge at San Luis Creek project. (Contingent on TIF and debt financing funding availability). 7/13 Completed Other Bicycle and Pedestrian Paths 1. Complete design and begin construction of bicycle facilities as part of the LOVR interchange project (contingent on TIF, grant, and debt financing funding availability).* 10/14 2. Construct Class II bike facilities on Prado Road as part of the Serra Meadows Project (constructed by developer). 6/14 3. Construct miscellaneous bikeway improvements identified in the Bicycle Transportation Plan. Ongoing 4. Construct sidewalk ramps and repair sidewalks. Ongoing 5. Maintain pedestrian and bicycle paths. Ongoing Other Efforts that Support Bicycling and Walking 1. As time permits, seek funding for the construction of bikeways and pedestrian facilities within the City. Ongoing 2. Complete curb ramps, sidewalks, on-street bicycle facility paving, drain grate upgrades, and striping improvements in conjunction with City Street paving projects. Ongoing Attachment 1 B2 - 26 MAJOR CITY GOALS – BIKE & PEDESTRIAN PATHS E-16 Task Current Revised 3. Perform pavement maintenance on bicycle and pedestrian paths. Ongoing 4. Complete 2013- Bicycle Transportation Plan Update 8/13 Complete 5. Conduct biennial vehicle, bicycle, and pedestrian traffic counts, speed surveys and travel time studies (contingent on TIF funding availability).* Ongoing 6. Continue bicycling educational efforts. Ongoing 7. Continue alternative transportation marketing efforts Ongoing 8. Continue annual Halloween Safety campaign Ongoing 2013 Complete 9. Continue annual bicycle safety rodeo. Ongoing 10. Continue providing more short term bicycle parking through the Racks with Plaques bicycle rack donation program. Ongoing 11. Continue to implement General Plan and Specific Plan transportation policies, programs, and improvements via private development projects. Ongoing 12. Promote bicycling among City employees. Ongoing *Projects that are also identified in the “Improve Transportation” Other Important Objectives. Costs for these tasks are accounted for in the Other Important Objectives. Status Summary: 15% Complete. The following highlights key accomplishments so far and important next steps: Other Bicycle and Pedestrian Paths 4. Sidewalk repairs and some ramp work is ongoing, using the Job Order Contract approved by Council, and a ramp construction project is starting in late November. Attachment 1 B2 - 27 MAJOR CITY GOALS – ECONOMIC DEVELOPMENT E-17 ECONOMIC DEVELOPMENT Objective: Implement the adopted Economic Development Strategic Plan – which includes an emphasis on head-of- household jobs, collaboration, and measureable outcomes. Action Plan: Task Current Revised Break Down Barriers to Job Creation: Permit Processing Improvements 1. Strategy 1.1: Identify opportunities for permit streamlining with the goal of reducing permit processing times, seeking opportunities to increase internal coordination, and improving cross department focus on development review. 7/13 – 12/14 Break Down Barriers to Job Creation: Infrastructure and Fees 1. Strategy 1.5(a): Complete an infrastructure financing assessment to establish priorities for City investment in infrastructure expansion. (This will be accomplished via the LUCE Update and EIR). See LUCE Update and EIR 7/13-7/14 2. Strategy 1.5(e): Identify one or more strategic infrastructure projects that the City could invest in to benefit residents, businesses, employees, and property owners by providing a significant return on investment to the City in the form of increased economic activity. 9/13 – 6/14 Pending Outcome of LUCE Update Break Down Barriers to Job Creation: Key Sites 1. Strategy 1.8: Prepare and update a portfolio of “available properties” ready for development in accordance with the findings of the permit process streamlining outcomes. 8/13 – 6/14 Pending Outcome of LUCE Update 2. Strategy 1.9: Evaluate the supply of land and space for residential and non-residential development in the expansion areas of the City and prioritize areas with the greatest potential for near term development that supports new head of household jobs. (This effort will follow the LUCE Update and EIR). 7/14 – 6/15 Actively Support Knowledge and Innovation: Entrepreneurship/Access to Broadband 1. Strategy 2.2: Convene a cross-department team at the City with input from the local industry experts, to facilitate expansion of broadband infrastructure including the policy for public- private partnerships and related endeavors. 7/13 In Process Promote and Enhance the San Luis Obispo Quality of Life 1. Strategy 3.3: Prepare a City of San Luis Obispo “view book” to facilitate business location services and use the view book as a tool for business attraction. (This effort is coordinated with #3, Strategy 1.8 above). 7/13 – 6/14 In Process Pending City Website project 2. Strategy 3.6: Explore opportunities to market the City as a place to do business via the airport and train depots. Ongoing Attachment 1 B2 - 28 MAJOR CITY GOALS – ECONOMIC DEVELOPMENT E-18 Task Current Revised Build on Existing Efforts and Strengthen Regional Partnerships 1. Strategy 4.2: Work with regional partners such as the Chamber of Commerce and EVC to bring attention to existing businesses. Ongoing 2. Strategy 4.3 (b): Through policy changes, enhance data collection using the business licensing program (HdL) in order to facilitate collection of employment and other data about local companies. 9/14 – 6/15 3. Strategy 4.3(c): Identify all businesses with ten or fewer employees within the City by conducting a survey of business owners and developing an action plan that helps businesses of this size grow. 7/14 – 6/15 Status Summary: 15% Complete. The following is a summary of accomplishments and important next steps for this goal: Break Down Barriers to Job Creation Permit Processing Improvements: The recommendations from the Community Development Departments (CDD) Organizational Assessment have been used to develop a project plan to execute the permit streamlining process. A Development Review Team (DRT) is in place to ensure a consistent and expedient approach across all involved departments. Changes to the DRT process are being implemented to provide a mechanism to track overdue plan checks and track work flow commitments. A Continuous Improvement Group (CIG) has been formed to ensure that there is cross department and cross functional input, action and alignment with the improvement process. Infrastructure and Fees: The first phase of the project with the Consultant (EPS) covering information gathering and plan development has been completed. In the first quarter of 2014, EPS will lead 3 sessions to lay the foundation for the future direction of infrastructure financing in the City. We have also started identifying opportunities for investment in infrastructure but the majority of this work is dependent on the outcome of the business item in March and the final LUCE update. Actively Support Knowledge and Innovation Entrepreneurship/Access to Broadband: The City is currently in the process of evaluating an opportunity to improve the infrastructure for broadband access in the City. The proposal is targeted to be brought before the City Council in January 2014. Once this step is completed a cross functional team with local industry experts will be formed and a charter and work program will be created for the team. Promote and Enhance the San Luis Obispo Quality of Life View Book Creation: Initial discussions on the creation of the view book have been completed. Finalization of the path forward is dependent on the outcome of the City’s new website project. Additional Activities Economic Development Dashboard: The process has been started to build an economic development dashboard to help assess the impact of our activities as well as quantify the economic health of the City. The San Luis Obispo Chamber of Commerce, the Economic Vitality Corporation and other stakeholders are being consulted on this project. Attachment 1 B2 - 29 MAJOR CITY GOALS – ASSESS AND RENEW THE DOWNTOWN E-19 ASSESS AND RENEW THE DOWNTOWN Objective: Assess and renew the Downtown consistent with the adopted Land Use and Circulation Element (LUCE) update, revitalize Mission Plaza (including consideration of eliminating dogleg), support the continued development of cultural attractions, enhance lighting/safety components, reduce incidents of illegal activity and adverse behaviors through enhanced public safety presence and enforcement, providing pedestrian-friendly walkways, and address limits on alcohol establishments. Action Plan: Task Current Revised 1. Utilize Volunteers in Police Service (VIPS) as downtown patrols 1/14 2. Present concept of an Ambassador Program to the Downtown Association for consideration. 1/14 Complete 3. Community Action Team Downtown Deployment (CAT) 7/13 Ongoing 4. Dedicated School Resource Officer Daytime Downtown Deployment 7/13 Complete 5. Dedicated Daytime Overtime Downtown Deployment 9/13 Ongoing 6. Two Daytime Downtown Officers Deployment 1/14 7. Public Safety Video Purchase and Implementation in Mission Plaza area 7/13 1/14 8. Extend Mission Plaza Hours Ongoing 9. Retrofit Broad/Marsh restroom and open 9/13 11/13 10. Research additional restroom options and constraints 12/13 11. Council update on additional hours of restroom availability impacts, and recommendations for additional implementation efforts. 3/14 12. Consideration of a moratorium on additional alcohol outlets 8/13 Complete 13. Mission Plaza Master Plan Initiation 1/14 Awaiting funding 14. Assess public safety access to existing business camera systems 2/14 15. Employ portable cameras in secluded high crime public areas. 6/14 16. Alcohol Concentration Evaluation and Adoption of Code Amendments 11/14 17. Mission Plaza Master Plan Adoption 9/15 Awaiting funding 18. Mission Plaza Railing Upgrade Ongoing Attachment 1 B2 - 30 MAJOR CITY GOALS – ASSESS AND RENEW THE DOWNTOWN E-20 Task Current Revised 19. Removal and replacement of damaged or hazardous downtown trees and sidewalks 6/15 20. Downtown Renewal, including sidewalks and appurtenances 1/15 21. Initiate and Complete review of Special Event Policy and Use of Mission Plaza 1/15 Status Summary: 20% Complete. The following is a summary of accomplishments and important next steps for this goal: 2. Ambassador Program has been presented to the Downtown Association. At this time, the Downtown Association has no interest in pursuing the program. 3. CAT Team – staff has assigned two officers who are currently working in the CAT Team capacity addressin g downtown concerns. 5. Downtown Daytime Overtime – officers are currently being assigned to the downtown area on an overtime basis. 7. Public Safety Video – staff has solicited bids and is reviewing vendor proposals. 8. Mission Plaza Restroom hours were extended to midnight, starting the beginning of July. Re-commissioning of the Broad Street restrooms is underway, delayed by long lead time replacement fixtures. The door was replaced in June, the interior washed down and coated. Restrooms are expected to be open mid to late November. 12. Council held a Study Session in July 2013 regarding alcohol, and staff will be returning in spring of 2014 with further discussion. 13. & 17. The City was not successful in obtaining a grant for an analysis of Mission Plaza needs. If this work element is still desired, funding will need to be allocated from the General Fund. 18. The first Plaza Railing project is under design. Priorities have been established based on areas of the railing previously identified by the JPIA. Attachment 1 B2 - 31 MAJOR CITY GOALS – SKATE PARK CONSTRUCTION E-21 SKATE PARK Objective: Complete construction of the skate park, utilizing a combination of public funds, donations, and grant funding where possible Action Plan: Task Current Revised 1. Submit application for storm water permit 9/13 Completed 2. Skate Park marketing plan 11/13 Completed 3. Receive building and storm water permits 12/13 4. Council approval of Skate Park Public Art design and funding 12/13 5. Issue plans and specifications for construction 2/14 6. Award construction contract 4/14 7. Groundbreaking Spring 2014 8. Start construction 6/14 9. Complete construction 12/14 10. Identify and request maintenance resources 12/14 11. Open Santa Rosa Skate Park 1/15 12. Maintain and operate the Santa Rosa Skate Park Ongoing Status Summary: 6% Complete. The following is a summary of accomplishments and important next steps for this goal: The construction of the Skate Park Project is progressing as outlined in the Major City Goal Action Plan. At this point 98% of the plans, including erosion control, have been completed. Integration of the final public art component into the plans will occur following Council’s approval in December. It is estimated that bid documents will be ready to advertise for construction in January 2014. A project “Notice of Intent” has been prepared and has been submitted to the California State Water Resources Control Board. Additionally, plans were submitted to the Building Department in October and returned to staff with minor comments. Resubmission of the corrected plans and final Building Department review is anticipated to be completed by the end of 2013. Finalization of the Skate Park Public Art Project is underway, being placed on the Parks and Recreation Commission for design approval on November 6, 2013 and the Architectural Review Commission on November 18, 2013. The final review and approval of the Skate Park public art design and funding will be before City Council at its December 10, 2013 meeting. Attachment 1 B2 - 32 MAJOR CITY GOALS – SKATE PARK CONSTRUCTION E-22 The Recreation Manager, working in coordination with Public Works, is integrating the proposed public art into the project including: budget, schedule and integrated construction. In addition to construction and public art integration progress, a marketing plan and promotional materials have been developed to feature the skate park and its amenities along the construction phase with an emphasis on how it is funded and its importance to completing this community asset. The marketing plan officially launched in November 2013. Attachment 1 B2 - 33 OTHER IMPORTANT COUNCIL OBJECTIVES – OPEN SPACE E-23 OPEN SPACE Objective: Commit funding to expand open space and provide adequate staffing, planning, and other resources to maintain and enhance open space quality and amenities. Action Plan: Task Current Revised Real Property Acquisition / Administration and Conservation Planning 1. Pursue key acquisition opportunities including additions to the Reservoir Canyon Natural Reserve and the Irish Hills Natural Reserve, as well as conservation easements which will protect larger landscapes including scenic views and City gateways, headwaters to San Luis Obispo Creek and several perennial streams, and valuable habitat areas. Ongoing 2. Ongoing annual monitoring of all City-owned space preserves, open space easements, and conservation easements. Ongoing 3. Complete Reservoir Canyon Natural Reserve Conservation Plan to include Upper Goldtree property addition. 7/13 11/13 4. Complete update of the Laguna Lake Management Plan. 9/13 6/14 5. Update Conservation Guidelines for open Space Lands within the City of San Luis Obispo to address minor inconsistencies with other policy documents. 6/14 12/14 6. Update the Saving Special Places report pertaining to strategic open space acquisition priorities. 12/14 7. Prepare the Islay Hill, Righetti Hill, and Terrace Hill Conservation Plans 6/15 Land Restoration, Stewardship, and Monitoring 1. Continue sediment removal project at Prefumo Creek inlet to Laguna Lake and continue monitoring of four other sediment removal locations completed in 2012. Ongoing 2. Continue vegetative stabilization efforts associated with road decommissioning project at Froom Ranch. Ongoing 3. Ongoing community outreach and education in partnership with ECOSLO Ongoing 4. Creek and flood protection within the City’s natural waterways through Zone 9 projects and coordination and oversight of the Stormwater Management program. Ongoing 5. Ongoing monitoring, remedial action, and enhancement, as needed, of existing mitigation sites. Ongoing 6. Complete pampas grass treatment at Froom Ranch 3/14 7. Install wetland meadow and riparian planting / invasive species control at Calle Joaquin Agricultural Reserve suing awarded EEMP grant funds 12/14 Attachment 1 B2 - 34 OTHER IMPORTANT COUNCIL OBJECTIVES – OPEN SPACE E-24 Task Current Revised Open Space Improvements, Maintenance, User Safety, and Patrol 1. Continue patrol of the City’s open space areas and creek corridors Ongoing 2. Continue maintenance of existing City open space trails Ongoing 3. Continue to coordinate 65 trail work days (3,500 hours) a year utilizing volunteers Ongoing 4. Continue to partner with the Central Coast Concerned Mountain Bikers on various open space improvements and maintenance. Ongoing 5. Continue to construct additional trails at Froom Ranch consistent with the approved Irish Hills Conservation Plan. Ongoing 6. Evaluate and implement long term solution to address unsanctioned and user created trails at Bishop Peak, and continue to evaluate and address trail head parking burdens in surrounding neighborhoods with signs, patrol, and dissemination of directional information on the City’s website, trail maps, and in SLO Stewards. Ongoing 7. Evaluate and implement long term solution to maintain singular and sustainable access trail at the Maino Open Space. Ongoing 8. Continue Ranger Led Hikes in the City’s open space on a monthly basis and upon request. Ongoing 9. Continue Ranger Service environmental education program and Junior Ranger Camp to increase open space knowledge and user safety. Ongoing 10. Increase staffing resources in the Ranger Service program to provide increased user safety and amenities including but not limited to added open space improvements, maintenance, and patrol. Ongoing Complete 11. Re-route and construct a trail connecting Froom Ranch to the Bureau of Land Management’s parcel in accordance with the Memorandum of Understanding with the Department of Interior. 6/15 12. Install new trail signs and kiosks including but not limited to: Froom Ranch, Froom- Johnson Ranch connector trail, and Reservoir Canyon. 6/15 13. In coordination with Cal Poly engineering volunteers complete the Reservoir Canyon bridge repairs. 6/15 14. Develop donation station program; creating avenue for further support of open space maintenance and preservation (opportunities include Iron Rangers in possible partnership with Public Art). 6/15 Urban-Wildland Interface Fuel Reduction 1. Bowden Ranch Open Space Eucalyptus thinning Ongoing 2. Irish Hills Open Space Eucalyptus thinning and mowing Ongoing 3. Terrace Hill Open Space mowing Ongoing Attachment 1 B2 - 35 OTHER IMPORTANT COUNCIL OBJECTIVES – OPEN SPACE E-25 Task Current Revised 4. Islay Hill Open Space mowing Ongoing 5. Maino Open Space / Lemon Grove Eucalyptus thinning Ongoing Status Summary: 10% Complete. The following is a summary of accomplishments and important next steps for this goal: Real Property Acquisition/Administration and Conservation Planning Staff is currently working on several conservation land acquisitions, to include both purchases and dedications. These projects, if successful, total approximately 1,600 acres of important open space lands in and around the City. Annual monitoring of open space properties and conservation easements are on schedule. The Reservoir Canyon Natural Reserve Conservation Plan has been reviewed and recommended to the City Council by the Parks and Recreation Commission, Planning Commission, and Cultural Heritage Committee, with final adoption by the City Council scheduled at its November 19th meeting. The Laguna Lake Management Plan Update is in plan preparation stage and will begin being heard by appropriate advisory bodies in early 2014. A Cal Poly student has begun work on the Terrace Hill Conservation Plan as her senior project, with oversight and guidance from the Natural Resources Program staff. Land Restoration, Stewardship, and Monitoring The City Biologist continues to track and monitor numerous new and existing sediment removal projects, as well as provide oversight to annual “winterization” efforts in our waterways to help prevent flooding. The wetland meadow project at the Calle Joaquin Agricultural Reserve and the pampas grass removal project at Froom Ranch are in planning stages with staff currently working to requisition project materials and appropriate landscape restoration contractors. ECOSLO is in contract to continue to assist the Natural Resources Program with community outreach through SLO Stewards and the Natural San Luis Docents program. Open Space Improvements, Maintenance, User Safety, and Patrol During summer 2013, the Parks and Recreation Department hosted two "at capacity" Junior Ranger Camps; educating approximately 40 children about local plants, animals, and sustainable practices in the City's natural areas. As approved in the 2013-15 Financial Plan, a full-time permanent Ranger Maintenance Worker was hired and started work for the Parks and Recreation Department on October 24. Ongoing work on open space maintenance, user safety and patrol continues. On November 16, in partnership with the Central Coast Concerned Mountain Bikers, City Rangers coordinated the construction of approximately one half of a mile of new trails in the Irish Hills Natural Reserve. Regular Saturday work days and Eagle Scout projects have occurred throughout the summer and fall seasons accomplishing ongoing maintenance in the open space areas. Urban-Wildland Interface Fuel Reduction Annual mowing and weed abatement was completed for summer 2013. A fuel reduction project is scheduled for the Bowden Ranch area in winter 2013-14, and will be followed in winter 2014-15 at the Cerro San Luis / Maino Open Space and Irish Hills Natural Reserve. Fire Department staff secured a $10,000 Fire Safe Council grant to match the City’s funds for these efforts. A Cal Poly master’s student in City and Regional Planning is preparing a Vegetation Management Plan in coordination with the Natural Resources Program and Fire Department for her graduate project. Attachment 1 B2 - 36 OTHER IMPORTANT COUNCIL OBJECTIVES – INFRASTRUCTURE MAINTENANCE E-26 MAINTENANCE OF CITY INFRASTRUCTURE Objective: Enhance maintenance of City infrastructure including attention to streets, sidewalks, pedestrian walkways, lighting, bicycle paths, creek and flood protection, parks, open space, urban forest, public buildings, and other City-owned property. Action Plan: Task Current Revised Buildings 1. Facility Maintenance Ongoing 2. Jack House exterior painting 6/14 3. Jack House restroom remodel 6/14 4. Police station HVAC replacement 6/15 5. City Facility parking lot maintenance 6/15 6. City Hall perimeter drain 6/15 7. Minor exterior building painting 6/15 8. Fire Station & Corporation Yard roll-up door replacement 6/15 9. Golf Course restroom replacement design 6/15 Water 1. Distribution system and treatment facility maintenance Ongoing 2. Water Distribution system improvements – year 1 6/14 3. Telemetry system improvements 6/14 4. Stenner Canyon Raw Waterline replacement 6/15 5. Water Treatment Plant air compressor replacement 6/15 6. Water Distribution system Improvements – Year 2 6/15 7. Distribution pump station upgrade design 6/15 8. Serrano Tank replacement 6/15 9. Slack Tank replacement design 6/15 Wastewater 1. Collection system and treatment facility maintenance Ongoing Attachment 1 B2 - 37 OTHER IMPORTANT COUNCIL OBJECTIVES – INFRASTRUCTURE MAINTENANCE E-27 Task Current Revised 2. Water Reclamation Facility major maintenance – year 1 6/14 3. Wastewater Collection system improvements – year 1 6/14 4. Water Reclamation Facility major maintenance – year 2 6/15 5. Wastewater Collection system improvements – year 2 6/15 Roadways 1. Roadway and traffic signal & lighting maintenance activities Ongoing 2. Street reconstruction & resurfacing – year 1 12/13 Complete 3. Street reconstruction & resurfacing – year 2 12/14 4. Prado Bridge deck overlay 6/15 5. Sidewalk repairs 6/15 6. Traffic sign maintenance 6/15 7. Marsh Street bridge design 6/15 8. Downtown lighted crosswalk replacement 6/15 Creek and Flood Protection 1. Creek encampment cleanup Ongoing 2. Storm drain system cleaning Ongoing 3. Annual creek winterization Ongoing 4. Johnson Underpass pump replacement 6/14 5. Broad & Leff culvert repair 6/14 6. Storm drain replacement – year 1 6/14 7. Storm drain replacement – year 2 6/15 8. Hathway & Murray culvert repair design 6/15 Parking 1. Structure and lot maintenance Ongoing 2. Parking lot resurfacing 6/14 3. 919 Palm Structure stair rehabilitation 6/14 Attachment 1 B2 - 38 OTHER IMPORTANT COUNCIL OBJECTIVES – INFRASTRUCTURE MAINTENANCE E-28 Task Current Revised 4. Marsh Structure light replacement 6/14 Transit 1. Bus stop shelter replacement 6/15 Parks, Tree, and Landscape Maintenance 1. Parks, trees, medians, roadway, and facility landscape maintenance Ongoing 2. Santa Rosa Park picnic & serving table replacement 6/14 3. Pathway maintenance – year 1 6/14 4. Sinsheimer Park playground equipment replacement 6/14 5. Pathway maintenance – year 2 6/15 6. Sinsheimer Stadium stair replacement 6/15 7. Mission Plaza rail replacement 6/15 8. Meadow Park light replacement 6/15 9. Downtown tree replacement & sidewalk repair 6/15 Swim Center 1. Swim Center maintenance Ongoing 2. Replace chemical pumps 6/14 3. Olympic pool plastering 6/15 Golf Course 1. Golf Course maintenance Ongoing Open Space 1. Open space and trail maintenance Ongoing City Maintenance & Asset Management 1. Complete implementation of Cityworks Asset & Maintenance Management Software 6/15 Status Summary: 15% Complete. The following is a summary of accomplishments and important next steps for this goal: Attachment 1 B2 - 39 OTHER IMPORTANT COUNCIL OBJECTIVES – INFRASTRUCTURE MAINTENANCE E-29 Buildings 3. Jack House Restrooms will advertise in November, pending Council approval. Roadways 2. Street Reconstruction is complete on portions of California Blvd and Fredericks Street. 5. Sidewalk repairs are ongoing, using the Job Order Contract approved by Council. Creek & Flood Protection 3. During October and November, Natural Resources staff is working with contract service providers to clear excessive vegetation. Natural Resources and Public Works maintenance staff have teamed up to remove accumulated silt and drain pipe outlets in small open channel areas. Accumulations can cause backups in the system, aggravating flooding. 6. The first Storm Drain replacement project has opened bids and will start work in late November. City Maintenance & Asset Management 1. Parks, Forestry, and Facility maintenance staff launched the new Cityworks program during the last week of October. Wastewater, Water, and Street maintenance staff will convert the middle of November. The staff will continue to learn and become proficient at using the program in the coming months. Parking 1. Parking Lots 2, 3, 11 all completed for resurfacing and pothole remediation in November 2013. Attachment 1 B2 - 40 OTHER IMPORTANT COUNCIL OBJECTIVES – IMPROVE TRANSPORTATION E-30 IMPROVE TRANSPORTATION Objective: Improve transportation – prioritize the construction of the Los Osos Valley Road (LOVR) overpass, invest in new sidewalks, bicycle paths, street lighting, curb cuts, and other amenities to improve the walkability of the City’s neighborhoods and commercial districts. Action Plan: Task Current Revised 1. Los Osos Valley Road Interchange - complete design and permitting work - begin construction 12/13 10/14 2. Prado Road Creek Bridge Widening – NEW - begin project study report - begin environmental, design, and permitting work - complete environmental, design, and permitting work - begin construction 7/13 7/14 6/17 6/18 Complete 3. Railroad Safety Trail - complete design of Class I bikeway – Taft to Pepper 6/14 4. Bob Jones City-to-Sea Trail - complete construction of Class I bikeway connection to LOVR 2/14 5. Rehabilitate Downtown lighted crosswalks – NEW - complete Marsh Street in-ground lighted crosswalk - complete Higuera Street in-ground lighted crosswalk 6/14 6/16 6. Continue Land Use & Circulation Element Update 6/14 7. Continue the Neighborhood Traffic Calming program and associated projects Ongoing 8. Continue the Annual Traffic Safety program and associated projects Ongoing 9. Continue the bi-annual Traffic Operations program and associated projects Ongoing 10. Continue misc. bicycle facility improvements Ongoing 11. Complete bi-annual citywide bicycle, pedestrian, and vehicle counts (contingent on TIFF funding availability) Ongoing 12. Complete Fleet vehicle conversion / replacement 7/13 4/14 13. Conduct Short Range Transit Plan (SRTP) (contingent on grant funding availability) - Evaluate possibility of Joint RTA/SLO City SRTP - Issue RFP & hire consultant - Complete plan & present to Council 6/15 Status Summary: 10% Complete. The following is a summary of accomplishments and important next steps for this goal: Attachment 1 B2 - 41 OTHER IMPORTANT COUNCIL OBJECTIVES – IMPROVE TRANSPORTATION E-31 Fleet Replacement The Fleet replacement has been impacted by the inability to fill the Fire Vehicle Mechanic position. The Fleet Supervisor has acted in a dual position capacity since June 2013 while additional recruitment efforts have been undertaken. Major vehicle replacement orders (fire engine, traffic signal boom truck, Police department vehicle replacements) have been accomplished in order to address procurement timing, fleet safety and CARB air quality mandates. Short Range Transit Plan The Short Range Transit Plan update has been delayed due to funding delay for the RTA component of the study. The City is working with SLOCOG and RTA to submit additional Caltrans planning grant requests to save local funds and leverage limited transit funding. SLOCOG has approved a deferral of the City’s SRTP update to accomplish the joint planning effort. Los Osos Valley Road Interchange The LOVR Interchange design has been submitted to Caltrans in a 100% design format and is awaiting review and approval. Interviews for a consultant project manager have been conducted in November with anticipation that these services will begin in December or early January. Final right of way acquisitions from private property owners are substantially complete. Land Use and Circulation Element The Land Use and Circulation Element continues to be a significant work effort for staff and the LUCE task force with many meetings being conducted and policy level recommendations being discussed. Attachment 1 B2 - 42 CARRYOVER GOALS AND OBJECTIVES E-32 The following summarizes the status of “carryover” goals and important objectives from the 2011-13 and 2009-11 Financial Plans. In several cases, “carryover tasks” have been incorporated into the Major City Goals (or “Other Important Council Objectives”) for 2013-15, and as such, they are not repeated in this section. OTHER IMPORTANT COUNCIL OBJECTIVES PLANNING: UPDATE LAND USE AND CIRCULATION ELEMENTS Objective: Within the scope of the Strategic Growth Council (SGC) Grant, undertake an update of the Land Use and Circulation Elements; including “Healthy Cities,” complete streets, and pedestrian circulation policies. Building on the work completed in the previous fiscal year and public input from four workshops, on-line tools such as Mind-Mixer, the Community Survey, and participation in hearings and open houses, the Task Force for the Land Use and Circulation Elements update (TF-LUCE) and Planning Commission reviewed potential physical changes to land uses and circulation and provided recommendations to the Council for consideration. The Council endorsed a set of physical alternatives to be considered through the environmental review process on October 15, 2013. The TF-LUCE has been reviewing the legislative drafts of the documents and providing input and recommendations for changes. Since July, the TF-LUCE has held four meetings and will have six more prior to the end of the calendar year while they work through the policy considerations. The Planning Commission will review the TF-LUCE’s policy recommendations in December. The fifth community workshop will be held on December 7th to review the concepts in the legislative drafts, discuss EIR scoping, and provide feedback for Council consideration in January. The policy work and physical alternatives will form the basis of the project description to be evaluated through an Environmental Impact Report, anticipated to be started in February 2015. Attachment 1 B2 - 43 CARRYOVER GOALS AND OBJECTIVES E-33 2013-15: First Update As of November 1, 2013 Attachment 1 B2 - 44 STATUS OF MAJOR CIP PROJECTS E-34 Under Construction Design Study 0%10%20%30%40%50%60%70%80%90%100% Laguna Lift Station Replacement Railroad Safety Trail—Hathway to Taft Bob Jones Trail Connector at LOVR Street Reconstruction/Paving Open Space Acquisition 0%10%20%30%40%50%60%70%80%90%100% Skate Park Water Reclamation Facility Energy Upgrade Playground Equipment Replacement Railroad Safety Trail—Taft to Pepper Marsh Street Bridge Replacement Water Reclamation Facility Upgrade Downtown Directional Signs Website Upgrade Gateway Monument—Santa Rosa & Highland Calle Joaquin Lift Station Replacement Storm Drain System Replacements Playground Equipment Replacement LOVR Interchange Bicycle Facility Improvements Johnson/Santa Rosa/Emerson Parks Mitchell/Sinsheimer/Islay Hill/Ludwick/Vista Lago 0%10%20%30%40%50%60%70%80%90%100% Bob Jones Trail Octagon Barn Connection Attachment 1 B2 - 45 STATUS OF MAJOR CIP PROJECTS E-35 Attachment 1 B2 - 46 FROM: Wayne Padilla, Director of Finance and Information Technology SUBJECT: GENERAL FUND FIVE YEAR FISCAL FORECAST: 2013-18 RECOMMENDATION Review and discuss the results of the General Fund Five-Year Fiscal Forecast for 2013-18. DISCUSSION Forecast Purpose The purpose of the attached Five-Year Fiscal Forecast is to assess the General Fund’s ability over the next five years to accomplish five things: 1. Deliver current service levels; 2. Maintain existing infrastructure, fleet, information technology (IT), and facilities; 3. Preserve the City’s long-term fiscal health by aligning operating revenues and costs; 4. Maintain fund balance at policy levels; and 5. Reinvest in the General Fund supported Capital Improvement Program, particularly in areas that are underfunded such as infrastructure maintenance, fleet replacement, IT replacement, and facilities maintenance. It is important to stress that the forecast is not the budget: it does neither make expenditure decisions nor revenue decisions. Its sole purpose is to provide an “order of magnitude” feel for the City’s ability to continue current services, maintain existing assets and fund new initiatives. Ultimately, this forecast cannot answer the question: “can the City afford new initiatives?” This is a basic question of priorities, not of financial capacity. However, the forecast helps identify the key factors affecting the City’s fiscal outlook. Additionally, while the forecast does not make budget decisions, it gives the Council, the community, and staff an early “heads-up” in assessing how difficult making these priority decisions will be. Summary of Forecast Findings This fiscal forecast indicates that the City is making progress on its journey to financial sustainability. While no city has fully recovered from the effects of the worst recession since the Great Depression, there is reason for cautious optimism here in San Luis Obispo. In general, revenues have begun to recover and cost containment measures, including reform of the City’s retirement benefits, are working. The fiscal forecast indicates prudent decision making has placed the City in a position where revenues will exceed expenditures; it can continue to provide services to the community as prioritized in the financial planning process; it will meet the policy objective of a 20 percent reserve; it will absorb additional required operating costs and reinvest in the CIP. 12-10-12 B3 - 1 General Fund Five-Year Fiscal Forecast: 2013-18 Page 2 As it relates to revenue, the City is experiencing a resurgence of several revenue sources (namely sales tax, transient occupancy tax (TOT), utility users tax and developer fees) while other revenues are holding steady. With respect to development fees, the City must not assume that it has returned to a period of continuing activity and must not base decisions on the assumption that these revenues will continue to come in at these levels. The City must also be alert for any effects that may result from the federal government’s in ability to adopt a budget and maintain spending within the existing debt ceiling. Containing operating expenditures, particularly related to personnel costs, has been a primary focus on the financial sustainability journey over the past two years. Through budget-driven negotiations, the City has set the stage for ongoing savings that will deliver $3.1 million per year in reduced personnel costs in addition to the savings that will come about from the actions taken to create new retirement benefit programs for new hires. The forecast assumes that employer cost increases in the Public Employees Retirement System (PERS) program will take effect starting in 2015-16 and begins to capture 1% of payroll in 2014-15 and 2% in 2015-16 in order to begin setting aside the resources needed to fund the higher employer rates. Staff continues to monitor all actions being considered by PERS to increase employer costs and is prepared to create new cost forecasts as that information becomes available. Staff is also assessing how to limit costs in the future as it relates to retirement costs (paying down the side fund or any other long term retirement liability) and insurance programs for workers compensation and general liability. The forecast also assumes significant, on-going and increasing re-investment in the City’s General Fund supported capital assets. In the last two years there have been multiple occasions when the City Council expressed a desire to reinvest in the City’s existing assets (infrastructure, information technology, fleet and facilities) as well as new “bricks and mortar” assets. Examples of new investments will include bicycle lanes, pedestrian improvements, and the Santa Rosa skate park. The forecast assumes re-investment in existing assets of all types: Information Technology equipment, vehicles and other rolling stock, building as well as infrastructure such as streets and stormdrains. It is worth noting that the amounts reflected after 2014-15 are place holders and may change depending upon the direction that is received from the City Council and changing financial conditions. It is important to note that while there is increasing re-investment in the City’s capital infrastructure, no funds have been set aside for purposes of enhancing operating programs or addressing the organization’s capacity to achieve the enhanced capital expenditures that are planned. In other words, there is no pre-planned set-aside for staff, consultants or other expenses associated with new or enhanced operating programs. This approach was taken because it is virtually impossible to project City Council and community priorities for operating program enhancement. In sum, as the Council evaluates the City’s financial position, it should consider that different allocations from those identified in the forecast may be warranted based on the outcomes of the goal setting process and the needs associated with achieving those outcomes. Forecast Findings Prudent and thoughtful policy decisions have lead to a stronger financial condition which is cause for cautious optimism. However, uncertainties remain. B3 - 2 General Fund Five-Year Fiscal Forecast: 2013-18 Page 3 There is a second report prepared for this evening’s agenda which addresses the status of Major City Goals and also reviews the unaudited financial results from 2012-13. That report should be read in conjunction with this report on the fiscal forecast since the starting point of the forecast is the ending balance of the last completed fiscal year. As indicated in that report, the ending fund balance grew by $5.3 million, which is $5.1 million more than was expected. There were three primary reasons for this happening: 1. Revenues exceeded budget estimates by $1.4 million as development fees, sales tax, TOT, Utility User’ Taxes and other revenues exceeded a conservative forecast for the year. (Staff will be evaluating these results to determine what changes if any should be made to the forecast revenues as part of the mid-year budget update process that will culminate in a presentation to the City Council in February.) 2. Cost savings totaled $2.7 million, even after counting encumbered funds that will be carried forward. This level of savings exceeded the forecast amount by $633,000; 3. A correction of $1.8 million was made to the fund balance to adjust prior years’ accrued sales tax amounts in line with the information provided by the Board of Equalization. (This adjustment will not have a detrimental effect on future sales tax estimates currently in the forecast.) While the forecast reflects the one-time use of a portion of the excess General Fund reserve, that amount which is above the minimum 20% policy reserve amount. This spending was approved by the City Council as part of the 2013-15 Financial Plan and includes $1.2 million for Skate Park construction; $500,000 for replacement of Information Technology equipment; $500,000 for reinvestment in Major Facility Replacement projects; $20,000 for permit streamlining implementation; and $50,000 for Revenue Measure Outreach and Education. It is important to note that had these one-time costs not been planned, the General Fund would reflect excess revenues over expenditures of $141,000 in the current year. All other years shown in the forecast reflect revenues in excess of expenditures. It must be mentioned here that the previous commentary on the City’s fiscal outlook assumes that voters renew the current general purpose half-cent sales tax measure or another similar measure in 2014. If this does not occur, revenue from the half-cent sales tax would no longer be collected effective April 1, 2015, affecting the last three months of the 2013-15 Financial Plan period. If it is not renewed and the City takes no corrective action, the City would spend as much as $7.7 million more during the forecast period than it garners from revenues resulting in a budget gap (that amount below the minimum 20% policy reserve) that would cumulatively total $24 million by 2017-18. This is the worst case scenario if the City took no corrective action between 2014-15 and 2017-18. Starting next month, staff will begin preparing the outline of a contingency plan and will then formulate a budget adjustment scenario that will ultimately be presented to Council in June 2014 for review. In order to illustrate the impacts of eliminating Measure Y resources, a secondary Five-Year Fiscal Forecast is included. (All other assumptions remain unchanged.) This separate forecast highlights the loss of revenue should the revenue stream from Measure Y cease. As outlined to the Council on September 4, 2012, this information is provided so that the Council and the community could understand the magnitude of the impacts of the half-cent sales tax on the B3 - 3 General Fund Five-Year Fiscal Forecast: 2013-18 Page 4 services being provided. At that meeting, the Council approved the process by which this issue would be outlined as part of the forecast in order to provide context. The report that accompanies the fiscal forecast contains a host of facts about the forecast process and the factors used to determine each year’s revenue and expenditure levels. While the forecast and the report on the status of the 2012-13 Fiscal Year represent positive fiscal news, it is best to follow the City’s practice of waiting for the mid-year update to occur in February before any decisions are made with regard to the use of the larger reserve for one-time costs and the improving revenue picture. This will give staff an opportunity to assess these results, look at trends occurring within the current year and return to the City Council with a complete update on all of this information. SUMMARY The City will go into 2013-15 with a number of positive outlooks compared with many communities in California: 1. A balanced 2013-14 budget and reserves that are above minimum policy levels. 2. Strong financial policies, systems and procedures in place. 3. Cost containment measures that have already been put into place. 4. Excellent Council leadership. 5. Committed and engaged citizens. 6. Excellent organization and capable staff. 7. A tradition of responsible stewardship. This “civic infrastructure” is simply not in place in many other cities and it will serve the City well in successfully meeting the fiscal challenges ahead. Moreover, the fact remains that, in good times or bad, the fundamental policy questions posed by the budget process are the same: of all the things we want to do in making our community an even better place, which are the most important and what is the resource trade-offs needed to accomplish them? ATTACHMENT 1. General Fund Five-Year Forecast: 2013-18 T:\Council Agenda Reports\2012\2012-12-18\Budget Foundation for 2013-15 Financial Plan- 5 YR Financial Forecast (Lichtig-Codron- Stanwyck)\CAR13-18Five year Forecast.doc B3 - 4 General Fund Five Year Forecast for the Period from 2013-2018 (December 2013 Update) TABLE OF CONTENTS INTRODUCTION Overview Purpose and Summary of Forecast Findings 1 Where We’ve Been 2 Revenue Forecast 3 Expenditure Forecast 5 Summary 8 Synopsis of Major Assumptions Demographic Trends 9 Expenditures 9 Key Revenues 9 Fund Balance 10 FIVE YEAR FORECAST SUMMARY Forecast of Revenues, Expenditures and Changes in Fund Balance 12 Forecast of Revenues, Expenditures and Changes in Fund Balance- without measure Y 13 Attachment 1 B3 - 5 OVERVIEW - 1 - PURPOSE AND SUMMARY OF FORECAST FINDINGS PURPOSE: The purpose of this forecast is to assess the General Fund’s ability over the next five years—on an “order of magnitude” basis—to do five things: 1.Deliver current service levels. 2.Maintain the City’s existing infrastructure and facilities based on past funding levels. 3.Preserve the City’s long-term fiscal health by aligning operating revenues and expenditures. 4.Maintain fund balance at policy levels. 5.Reinvest in the General Fund supported Capital Improvement Program, particularly in areas that are underfunded such as infrastructure maintenance, fleet replacement, Information Technology replacement, and facilities maintenance. The forecast does this by projecting likely revenues and subtracting from them operating costs, debt service and the Capital Improvement Program (CIP). The balance remaining is available for Council decision on whether to build reserves to guard against future financial uncertainties or make additional investments to maintain infrastructure, create new capital improvements or to finance operating initiatives. It is important to stress that this forecast is not a budget. The forecast does not make expenditure decisions or formally adopt revenue numbers. Its sole purpose is to provide a context for considering the City’s ability to continue current services, maintain existing assets and/or fund new initiatives. Ultimately, this forecast cannot answer the question: “can we afford new initiatives?” This is a basic question of priorities. Funding new initiatives within existing resources would require adjustments within the existing budget to provide the required resources. As a result, making trade-offs and determining priorities is a key aspect of the budget process. The forecast is a helpful tool in this regard because it provides an important framework for decision-making by projecting the revenues that will likely be available in the future to cover the cost of maintaining current service levels. SUMMARY OF FINDINGS: The City’s efforts to control costs have been successful and are ongoing. Policy leadership by the City Council and implementation efforts by City employees have led to this outcome. Prudent spending and financial management allow the city to consistently keep expenditures under budget in both operational and staffing categories. These cost savings coupled with past budget reductions and modest revenue enhancements are helping to fund services for residents and the community while allowing additional investment in critical infrastructure to occur. It should be noted that revenues will be reduced by over $7 million and an overall funding shortfall will occur after 2014-15 if Measure Y is not reauthorized by the voters in November 2014. If Measure Y is not reauthorized, those revenues would cease to be collected in April 2015. The impact of that potential loss is shown in a separate fiscal forecast on page 13. Why is the forecast better than what was expected two years ago? There are two primary reasons why the forecast continues to show improvement. As stated above, the City’s cost control measures have been effective and growth in the General Fund’s major revenues is expected to continue at a modest rate throughout the forecast period. As an example, key revenue sources such as sales tax and Transient Occupancy Tax (TOT) have rebounded and have been growing for the past three years with TOT exceeding its pre-recession peak in 2011-12. The forecast projects continued moderate growth in these sources. After three years of minor declines, property tax revenue returned to positive PROGRESS ON THE PATH TO FISCAL SUSTAINABILITY Attachment 1 B3 - 6 OVERVIEW - 2 - growth in 2012-13 with very modest increases forecast for the future. While the revenue picture is positive, especially compared to the recent past, the rate of increases projected is less than the rates seen in previous periods of economic growth. The Fiscal Forecast reflects the belief that revenue growth will be “slow and steady” as a symptom of the deep and prolonged recession that began in late 2006. There is more discussion later in this report regarding specific revenues related to the results seen in 2012-13. On the cost side of the equation, the Council took decisive action to reduce expenditures with the adoption of the 2011-13 Financial Plan. This was in addition to actions taken during previous financial plans to reduce costs and address the budget gap. Most recently, these expenditure reductions have been accomplished by controlling operating costs, reducing staffing levels, negotiating personnel compensation reductions, and constraining investment in the Capital Improvement Program. For the longer term, the City has achieved second tier pension formulas with reduced benefits for all new City employees. This is a critical element in the City’s plan to contain costs for future hires who are already members of the Public Employees Retirement System (PERS) because State pension reform only establishes reduced pension formulas for new PERS members. These actions, coupled with the City’s plan to begin addressing the proposed increases in the cost of PERS retirement by taking those costs into account a year before they are scheduled to begin in 2015-16 will help the City minimize the effect of future pension cost increases, which have and will continue to be a major cost driver and source of uncertainty. More information is provided on expenditure trends later in this report. The City continues to benefit from the lower interest rates that were obtained from the two debt refinancings that were completed in 2011-12. In both cases the City received an AA+ implied General Obligation bond rating from Fitch Rating Services and the City compares favorably on many indices with certain AAA-rated cities. WHERE WE’VE BEEN The City’s journey to financial sustainability has been on-going, and it is helpful to review where it has been and the steps that have been taken in response to the constant changes in our financial condition. In the 2009-11 Financial Plan, Council responded to declining revenues caused by the severe recession and unanticipated staffing cost increases with actions to reduce the budget by $11.3 million. While reserves and added revenues played an important role, about 80% of the budget- balancing strategy again relied upon expenditure reductions with the bulk provided by CIP reductions. Reductions from 3-11% by department were imposed with the deepest reductions occurring in the support departments. These reductions included 17.2 regular positions and 6.4 temporary full time equivalent (FTE) positions in the General Fund. This also included salary deferrals by employees totaling nearly $1 million. The 2009-11 Financial Plan Supplement (2010-11 budget) included additional cuts of almost $1 million in operating expenses and almost $2 million in CIP reductions. The 2011-13 Financial Plan focused on permanent, on-going changes as much as possible, with departmental operating budgets and employee concessions being the two largest elements of the budget balancing strategy. Revenue enhancements were also part of the strategy, but were limited due to recognition that the City’s long-term sustainability depends more on cost control than on development of new revenue sources. Therefore the 2011-13 Financial Plan included ongoing employee concessions totaling $3.1 million in all funds, or $2.6 million in the General Fund, as indicated in the chart below. This financial objective set the stage for Council labor relations objectives that included pension reform and a 6.8% reduction in employee total compensation. Attachment 1 B3 - 7 OVERVIEW - 3 - General Fund Budget Balancing Elements 2011-12 2012-13 Revenue enhancements $ 301,300 $ 351,300 Operating budget reductions 1,812,000 1,956,000 Employee concessions 1,300,000 2,600,000 Operational efficiencies /NOBBs 50,000 100,000 Fiscal Health Contingency Plan Elements Still Active Twice since 2008, the City has implemented actions in its fiscal health contingency plan. The first implementation was in response to the adverse financial impacts of the 2008 binding arbitration decision (binding arbitration has since been eliminated through a Charter amendment approved by City voters on August 30, 2011). Actions were again taken due to the significant downturns in revenues in 2009-10, which included a hiring freeze. During 2012-13, a “hiring chill” remained in place requiring the City Manager to approve all hiring actions including backfilling budgeted vacant positions. The City Manager’s judicious use of the “chill” resulted in considerable salary savings without the potentially arbitrary impact on operations that can be caused by a full hiring freeze. Reserve Levels Have Been Maintained The City made strategic use of its reserve funds as lower operating expenditures produced a proportionally smaller reserve requirement. Reserves have been maintained at or above the policy level of 20% of operating expenses throughout the financial difficulties of the last several years. Since 2010-11 the City achieved higher than expected revenues, and expenditure savings, resulting in higher than projected fund balances. (The results for 2012-13 are based on preliminary, unaudited values.) REVENUE FORECAST Reset of Revenue Base Beginning in 2006, the United States experienced the deepest and longest recession since the Great Depression. The bursting of the housing bubble was followed by a crisis in the financial markets, high levels of unemployment and a sharp decline in consumer spending. All of this had a negative effect on the local economy starting in 2008. Since then, several of the City’s top revenues declined or at best stayed flat. Sales tax (including Measure Y), property tax and transient occupancy tax (TOT) account for about two-thirds of all funding sources in the General Fund. As stated earlier, these sources have begun to recover at varying rates with a continuing forecast for “slow and steady ”increases to continue throughout the forecast period. The recovery outlook has been tempered with a bit of uncertainty regarding concerns that there could be future economic turmoil caused by unresolved economic issues, including the on-going lack of a federal budget and challenges in addressing the federal government’s debt ceiling. Uncertainty in the European economy remains a concern as well. This long slow recovery with low growth rates and continued uncertainty is often referred to as the “new normal.” It also means that revenue forecasts must be understood in context. Because of the various uncertainties associated with the current economic recovery, staff has erred on the conservative side when making these projections. Sources used in developing revenue projections for the forecast include long and short-term trends in key City revenues, data from the Central Coast Economic Forecast project; information developed by the State Legislative Analyst and the State Department of Finance; and materials prepared by the League of California Cities and State Controller's Office. To assist in improving the reliability of revenue forecasts, staff has engaged the services of Beacon Economics to provide assistance in developing growth trends for a number of key revenues sources. Beacon’s projections will be discussed in the applicable narrative discussions below. Attachment 1 B3 - 8 OVERVIEW - 4 - Ultimately, the revenue projections in this forecast reflect staff's best judgment about the performance of the local economy during the next five years and how it will affect the City's General Fund revenues. Forecast Sales Tax. For the last two fiscal years the City’s growth estimates for Sales Tax revenue have been exceeded. These estimates were last updated as part of the 2011-13 Financial Plan and the 2012-13 budget. The 2013-14 growth rate projection is 3.6%, followed by a 3.7% increase in 2014-15, 3.8% in 2015-16, 4.94% in 2016-17(which reflects anticipated revenues to be generated from the Chinatown project)and 4% in 2017-18. The following table includes the City’s most recently approved sales tax growth projections, along with projections provided by Beacon Economics and HdL, the City’s sales tax advisor. The data indicates varying degrees of confidence in taxable sales growth over the forecast period. Staff recommends using HdL’s growth assumptions in the current forecast calculation, consistent with our conservative approach to projecting revenues during this uncertain economic recovery. Sales Tax Growth Projections 2013-14 2014-15 2015-16 2016-17 2017-18 Staff 3.74% 4.0% 3.8% 4.94% 4.0% HdL 5.0% 4.0% 4.0% 4.0% 4.0% Beacon 5.0% 6.4% 8.0% 7.8% 6.6% Measure Y. The growth projections for Measure Y revenue, the local half- cent sales tax, are the same as identified in the previous table for all sales tax revenue. This document includes a forecast of revenue, expenditures and changes in fund balance without Measure Y renewal. It should be noted that if Measure Y is not renewed, revenue from the half-cent sales tax would no longer be collected effective April 1, 2015. This reduction in revenue would affect the last three months of the 2013-15 Financial Plan period, and the last three years of the forecast. As shown in the forecast, if Measure Y is not renewed a negative gap between revenues and expenditures would begin in 2014-15 and grow to $7.7 million in 2017-18. Actual consideration of the tradeoffs that would be required to balance the budget if the half-cent sales tax is eliminated will be considered beginning in January 2014, with decisions by the City Council in June 2014. This schedule gives the Council and the community the opportunity to consider this question separately and independently from the vast number of policy questions to be considered as part of the 2013-15 Financial Plan Supplemental budget adoption for the 2014-15 Fiscal Year. TOT Revenues. Revenues from transient occupancy tax (TOT) ended 2012- 13 up 6.7% from the prior year, reaching $5,572,000. This surpassed the 2007-08 pre-recession peak of $5,054,700 by over 10%. TOT has benefitted from the extensive marketing efforts of the Tourism Business Improvement District and the community promotions program. Having achieved and surpassed the pre-recession peak, staff expects the rate of growth to moderate some. The market has recently seen growth in both room rates and the number of rooms available with the opening in May 2012 of the 84-room Hampton Inn, and the October 2012 opening of the 17-room Granada Hotel. Current projections include the anticipated effect of Monterey Place (11 rooms) in 2014-15 and the Garden Street Terraces project (48 rooms) beginning in 2015-16. Staff has revised the dates for receiving TOT from these hotel properties to reflect the latest information on development plans received by the Community Development Department. Based on the analysis provided by Beacon Economics staff is projecting net TOT revenue growth of: Transient Occupancy Tax Growth Projections 2013-14 2014-15 2015-16 2016-17 2017-18 6.56% 2.6% 3.3% 5.65% 5.74% Property Taxes. Property tax revenues in 2012-13 were $12.7 million, which included a one-time refund from the County for previously paid administrative fees totaling $620,000. Taking the one-time payment out of the total, property taxes increased by 2% over the prior year, making this the first increase following three years of small declines. Since its Attachment 1 B3 - 9 OVERVIEW - 5 - 2008-09 peak, property tax revenue declined 4.8%, far less than most communities in California and the result of the revaluations of properties by the County Assessor’s office based on market price declines. Based on preliminary data from the Assessor, staff projects continued growth at a modest rate as shown below. Based on data provided by Beacon Economics and information obtained from the County, staff projects the following through the forecast period: Property Tax Growth Projections 2013-14 2014-15 2015-16 2016-17 2017-18 4.4% 1.5% 2.69% 3.0% 3.4% The initial increase in 2013-14 reflects the lowering of property tax administrative fees by the County, which will continue throughout the forecast period. Grants. The forecast does not reflect the receipt of any “competitive” grant revenues over the next five years. However, our experience tells us that we will undoubtedly be successful in obtaining grants, but these are for restricted purposes, and are usually for new facilities, programs and infrastructure, not the “maintenance-only” activities assumed in the forecast. Other “formula grant” programs like Community Development Block Grants (CDBG) will help in achieving CIP goals. However, their use is highly restricted by the granting agencies. Recent information received from San Luis Obispo County indicates that reductions in the overall amount of CDBG funds and in the amount allowed to be spent on the administration of the grant are to be expected starting this year and continuing into the future as adjustments are made based on the federal budget guidelines. For these reasons, the forecast does not include any funding from these sources. Development Impact Fees. These are subject to changes in the construction market, over which the City has no control. Depending upon growth that occurs in the community over the next five years, transportation impact fees will generate funds to help offset funding for transportation improvements. However, these revenues are restricted solely to funding improvements related to new development. On a much smaller scale, the City also receives park, open space and housing in-lieu fees, which are also restricted to funding improvements related to those specific programs as they relate to new development. Because of these restrictions they are not included in this forecast. EXPENDITURE FORECAST Operating Costs Based on requests from Council, staff has broken down the forecast of operating expenses between staffing and non-staffing costs. This is logical because most City services, such as public safety and building permit inspections, are provided by City staff. It is also helpful to organize operating costs in this way because the factors driving staffing cost increases, such as retirement costs, are completely different and warrant much greater analysis than non-staffing operating costs. Operating Costs - Staffing Basic Compensation. Staffing costs have represented up to 80% of total operating expenditures in the General Fund and have for several years been the driving force behind increases in the costs of providing City services. This has primarily been a function of rising retirement costs driven by substantial increases in the employer contribution rates required by the California Public Employees Retirement System, known as CalPERS or simply PERS. As mentioned above, the City Council included a projection of $2.6 million in annualized reductions in personnel compensation in the General Fund ($3.1 million in all funds) as part of the 2011-13 Financial Plan. The plan Attachment 1 B3 - 10 OVERVIEW - 6 - anticipated achieving $1.3 million in savings during the 2011-12 year and the full $2.6 million in each year thereafter. Achieving the annual savings goal required substantial negotiation with each bargaining unit and ultimately resulted in a variety of phased in approaches to achieve the desired reduction. The last phased-in reduction will occur in July 2014 and the forecast reflects these phased in reductions through the 2014-15 fiscal year. Reductions in compensation were achieved in a variety of ways, depending upon the bargaining unit. However, all employees will pay the full Member contribution to PERS (8% or 9%) by July 2014. Further, none of the labor agreements or compensation resolutions include any sort of cost of living adjustments for salaries during the term (through the end of December 2014 or 2015). Considering it will be at least four years that most employee classifications have not been adjusted, staff forecasts that compensation will increase at the assumed rate of inflation for the 2015- 16 year and beyond. PERS Retirement Costs. Starting with the 2011-16 forecast, staff projected fairly high increases in PERS employer contribution rates over the forecast period based on the rapid rises seen in preceding years and the knowledge that PERS was reviewing and would likely changing a number of assumptions that would increase rates. Several of those assumption changes have come to pass, most notably the change in the rate of return on investments from 7.75% to 7.50%. Employer rates for First Tier Safety Employees rose to 42.16% from 38.9% in 2011-12 while the employer rate for First Tier Miscellaneous Employees rose to 24.7% from 21.97% during that same period. The City recently received its PERS Annual Valuation Report with the official rate for the First Tier Safety Program set at 45.2% for 2014-15 and a projected rate of 47.2% for 2015- 16.The City has not yet received the Annual Valuation report for the Miscellaneous Member Plan. The rates for 2015-16 reflect the initial impact of the June PERS Board action which approved a change to the funding horizon for plan losses (smoothing) and rate adjustments tied to the assumptions related to growth in plan membership, which is now being affected by the addition of new benefit plan programs, which are described below. The Chief Actuary at PERS has also indicated that the retirement board will be considering rate changes related to the effect of lower mortality rates among plan members and a change in the assumed rate of return on plan assets as early as February 2014. If approved, these changes will also begin to take effect in 2015-16. As part of the 2013-15 Financial Plan, staff included as an item of expense, the assumption that in 2014-15, 1% of payroll and in 2015-16, 2% of payroll would be self-assessed in all operating funds and held as a deposit to be applied against the higher PERS rates that will be realized in 2015-16. Overall, the forecast includes the assumption that PERS rates will rise 2% in 2015-16. However, this does not take into effect the savings that will be realized from the adoption of the 2nd and 3rd Tier benefit programs, since PERS has not yet provided a set of separate rates for each of these programs. Staff will return before the City Council in April 2014 with an assessment of the city’s PERS liability and options for paying down that liability as well as with a recap of any further funding assumption changes that are adopted by the PERS board in February 2014. One of the City’s key cost containment objectives achieved through the round of labor negotiations completed during 2012 was pension reform, specifically the achievement of lower second tier pension formulas for City employees that increase the “normal” retirement age and calculate benefits on the average of three years of compensation instead of the single highest year. The State also adopted new pension formulas through the Public Employees Pension Reform Act (PEPRA) effective January 1, 2013. However, the PEPRA formulas only apply to new employees who are also new to PERS. Consequently all new personnel hired by the City will fall into either a second tier, or third “PEPRA” tier , both of which are lower than the City’s current retirement benefits. Future retirement costs will be impacted by rates of turnover in the City’s workforce as new employees receiving lower benefits with lower costs, replace current employees. Thus, the savings to the City will increase over time. PERS provided estimated employer contribution rates only for the City’s Police and Fire Second Tier plans which are 20.6% and 21.8% respectively, compared to the current Attachment 1 B3 - 11 OVERVIEW - 7 - First Tier rates for Police and Fire of 42.16%. The recently enacted Third Tier programs created by the Public Employee’s Pension Reform Act added rates for new members as follows: 12.25% for Police and Fire; 23.15% for Miscellaneous Members. The current rate for the Miscellaneous First Tier plan is 24.68%. Due to the uncertainty in hiring new employees and estimating which ones will be new members and which will be joining the Second Tier programs for Police and Fire, the projection does not reflect new hires’ cost using the rates for these programs. Instead, an estimate of cost savings targeted at $119,000 has been established in the forecast until more experience is gained with these programs and new rates have been established for all of the new benefit tier programs. Other Post Employment Benefit (OPEB) costs. Unlike many cities, the City of San Luis Obispo faces a fairly stable cost outlook for its OPEB obligations. Since 2008 the City pays its full Annual Required Contribution (ARC) to the California Employers Retiree Benefit Trust (CERBT) run by PERS to cover future retiree health benefits, and is rapidly reducing the future liability for this benefit. Based on the latest biennial actuarial report received during 2012, the City’s cost for the next two years will increase from $536,000 to $558,000 and $576,000 respectively, with future increases projected at a similar rate. Bartel and Associates will begin preparation of the next actuarial study in the coming months. Overall, the efforts undertaken to control staffing costs in the short- and long-term appear to be successful. Ultimately, the savings from new retirement tiers will depend on turnover as well as the contribution rates required by PERS, but total staffing costs are projected to grow by less than inflation during the forecast period. Operating Costs – Non-Staffing As the economy has stabilized and recovery taken hold, non-staffing operating costs have begun to rise. City staff has been working hard to identify areas where efficiencies can be made through improved work processes, organizational studies, increased use of technology, etc. and this effort will help moderate costs to some extent. Accordingly, the forecast assumes non-staffing operating costs will increase in each forecast year by the assumptions for population growth and inflation combined. Infrastructure and Facilities Maintenance As discussed in the 2011-16 fiscal forecast, the estimated cost of adequately maintaining, repairing or replacing existing General Fund facilities, infrastructure and equipment is about $8.8 million annually. This excludes any enhancements or “betterments.” To place this in context, the average General Fund CIP expenditures for the last 15 years have been about $4 million annually, and the average for the last two years is a similar amount. The budget for the General Fund CIP was reduced to $2.4 million for 2010-11 and increased to $3.7 million in 2011- 12. For purposes of this Fiscal Forecast, staff started with the expenditure levels adopted for 2013-15 which represents an initial increase in 2013-14 of 47%. This amount varies over the remaining years but increases steadily until it reaches 12% over the 2012-13 amount. While these numbers could and very likely will change through the adoption of future Financial Plans, the previously approved plan is a logical place to start for forecast purposes. One of the Council’s Other Important Objectives for 2013-15 continues to be increasing infrastructure maintenance and investment. This goal is important to the City’s fiscal well-being, since failure to maintain critical infrastructure often results in higher costs down the road. To accomplish this, staff has proposed setting aside funding for major replacements, such as fleet, information technology and major facilities. The forecast reflects as much as $2 million per year being placed into these funds over the 5- year forecast period. Although initial investments in these funds will not cover the full cost of replacing these critical and expensive components, it is a good start toward creating fiscally sustainable replacement programs. Attachment 1 B3 - 12 OVERVIEW - 8 - Debt Service Costs During 2011-12, the City successfully refinanced 2001 Series C lease revenue bonds to achieve a lower interest rate and save $65,000 annually in debt service costs to the General Fund. Staff and the City’s financial advisor remain open to any potential opportunities for further savings that may present themselves if interest rates remain low and other bond refinancing options become available. The City has incurred no new General Fund debt since 2011 but has included in the 2013-15 Financial Plan, the lease purchase of a new fire engine and the financing of replacement mobile data computers for the Police and Fire Departments in order to leverage the city’s contribution to capital replacement. The fire engine lease has been approved by the City Council in November and the annual payments will be $117,000 per year starting in 2014-15. The estimated payment for the mobile computers is $184,500 per year starting in 2013-14. In addition, the forecast includes the debt payment costs related to the Los Osos Valley Road Overcrossing construction. The city has received a grant in excess of $15 million and will finance $8 million to provide the remaining funds needed for construction. The annual payment is estimated to be $371,000 starting in 2014-15 and increasing to $425,000 per year thereafter. SUMMARY The City enters the 2013-15 Financial Planning period in substantially better condition both long and short term than in previous financial plan periods. However, it still faces many challenges as well as continued economic uncertainty. The City continues to have substantial advantages compared with many communities in California due to: 1.Balanced budgets for both years in the 2013-15 Financial Plan and reserves above minimum policy levels 2.Strong financial systems and procedures in place 3.Strong Council leadership 4.Committed and engaged citizens 5.Excellent organization and capable staff 6.Great tradition of responsible stewardship This “civic infrastructure” is simply not in place in many other cities and it will serve San Luis Obispo well in successfully meeting the fiscal challenges ahead. Moreover, the fact remains that in good times or bad, the fundamental policy questions posed by the budget process are the same: of all the things we want to do in making our community an even better place to live, work and play, which are the most important? And what are the resource trade-offs we have to make to do them? Attachment 1 B3 - 13 SYNOPSIS OF MAJOR TRENDS - 9 - DEMOGRAPHIC TRENDS 1.Population and Housing. Population grows by 0.25% per year for each of the years in the forecast. 2.Inflation. Grows by 2.4% in 2013-14 and 2.5% each fiscal year through 2017-18. EXPENDITURES 1.Operating Expenditures - Staffing. Uses the adopted budget for 2013- 14 and the preliminary 2014-15 budget values for those years. Using 2014-15 as the base for later years, staffing costs are estimated to increase by the estimated inflation factor of 2.5% for the remainder of the forecast period. Savings is estimated to be 2% per year. 2.Operating Expenditures – Non-Staffing. Uses the preliminary 2014-15 budget as the base and assumes increases (2.8%) based on combined growth rates for population and inflation. Savings is estimated to be 2% per year except in the second year of each 2-year Financial Plan cycle, when savings is estimated to be 2.25% based on recent experience. 3.CIP Expenditures. Based on the five-year CIP program approved with the 2013-15 Financial Plan. Steadily increasing expenses occur through 2017-18. 4.Debt Service. The forecast includes current debt service obligations and the estimated new debt service obligations called for in the 2013- 15 Financial Plan for financing of a fire engine, mobile computers for public safety and the LOVR Overpass Construction grant match. KEY REVENUES Top Dozen General Fund Revenues These “Top Dozen” sources account for about 95% of total projected General Fund revenues. The estimated growth rates compare the forecast amount to the Mid-Year budget estimate from 2012-13. 1.Sales Tax. Grows by rates projected by HdL and incorporates specific factors such as the lapsing Airport Area Annexation Agreement and estimated revenue generation from both the Chinatown and Garden Street Terrace projects. Measure Y and Proposition 172 revenues are projected to grow by the same factors. 2.Property Tax. As projected using information supplied by the County, grows by 4.4% in 2013-14 with approximately half of that amount resulting from lower property tax administration fees; by 1.5% in 2014-15; by 3.0% in later years. 3.Transient Occupancy Tax. Based on performance through the first 3 quarters of 2012-13, grows by 6.56% in 2013-14; by 2.6% in 2014-15; by 3.3% in 2015-16; by 5.65% in 2016-17 due to projected development in the downtown area from the Chinatown and Garden Street Terrace projects; by 5.74% in 2017-18. 4.Utility Users Tax. Grows by 2.0% in 2013-14; by 2.5% in 2014-15; by 1.5% in 2015-16; by 2.8% in 2016-17 and 3.1% in 2017-18. Passage of Measure D-12 which clarified the application of the tax and lowered the percentage applicable to telecom services was projected to be revenue neutral. Staff is analyzing the actual results seen in 2012-13 starting in April, when it was noted that an increase in revenues was realized after the tax change took effect. The forecast is based in part on estimates provided by Beacon Economics, starting with the 2015- 16 year. Attachment 1 B3 - 14 SYNOPSIS OF MAJOR TRENDS - 10 - 5.Property Tax in Lieu of Vehicle License Fees. Grows by the same rate as property tax revenues throughout the forecast period. 6.Business Tax. Grows by 2.5% in 2013-14 and 2014-15; by 2.3% in 2015-16; by 2.6% in 2016-17 and 2.8% in 2017-18. The forecast is based in part on estimates provided by Beacon Economics, starting with the 2015-16 year. 7.Franchise Fees. Growth estimated using a combination of population and inflation throughout the forecast period. 8.Gas Tax Subventions. Forecast using information provided by California City Finance and recent local trends. Growth is being monitored closely since the state’s implementation of the Proposition 42 replacement component is creating irregular patterns in the allocation of these funds. 9.Development Review Fees. Decreased by 9.2% in 2013-14 in order to eliminate the spike in revenues noted in 2012-13 which may not reoccur. Grows by 4.99% in 2014-15; grows by 4% thereafter based on Beacon Economics projection for building permit activity adjusted for estimated timing of development review activity by Community Development Department. Based on the continuing growth of these revenues in the first part of 2013-14 in excess of anticipated levels, staff will review these revenues with the City Council as part of the mid-year update process. 10.Recreation Fees. Grows by population and inflation throughout the forecast period. 11.Other Fees. Grows by population and inflation throughout the forecast period. 12.Investments. Grows by 2.1% in 2013-14 and 1.5% each year thereafter. This takes into account the lower yields earned on new investments. Special Revenue Assumptions 1.Proposition 42 Revenues. Beginning in 2010-11, the State replaced Proposition 42 revenues with additional Gas Tax revenues pursuant to Revenue & Taxation Code Section 7360. The City receives about $500,000 annually from these transportation-restricted revenues which are included in the Gas Tax estimates. 2.Mutual Aid Reimbursements. The forecast makes no assumptions for the receipt of mutual aid revenues. This revenue results when Fire personnel respond to significant events (usually wildland fires) for which the City receives reimbursement from Federal or State sources. Response to these types of events is volatile and difficult to predict. While the City almost always receives some level of revenue from this source each year, including substantial amounts in some years, there are years where very little net revenue is received and it is unwise to build the forecast based on these revenues. 3.State Budget Impacts. The forecast assumes no further adverse state budget actions during the forecast period. With the adoption of the 2013-14 balanced budget and an unexpected surplus from 2012-13, the state’s fiscal condition is improving but does not appear to require additional assistance from local agencies. 4.Federal Fiscal Cliff – The State LAO states that Congress’ failure to deal with the issues referred to as the “Fiscal Cliff” could result in economic conditions differing materially from those forecast. This means that “autopilot” actions referred to in the term “Fiscal Cliff” could affect the economic growth upon which the forecast is based. This does not account for unfunded Federal mandates that may trickle down to the local level. There will be at least one more deadline by which Congress must decide whether to increase the federal debt limit, a process that has been complicated by the issues surrounding the implementation of the Affordable Care Act. Attachment 1 B3 - 15 SYNOPSIS OF MAJOR TRENDS - 11 - FUND BALANCE The forecast assumes that the policy for maintaining fund balance at a minimum of 20% of operating expenditures will be adhered to throughout the forecast period. The fund balance has been updated based on the unaudited 2012-13 results and has been used for the remaining periods included in the 5-year forecast. Any amount above the policy level is one- time funding and in accordance with Council adopted policy should be used for one-time purposes (not for on-going operating programs). As previously discussed, this document includes a forecast of revenue, expenditures and changes in fund balance without Measure Y renewal. In order to achieve the fund balance called for by the City’s reserve policy in this scenario, significant reductions in expenditures would have to occur to offset the loss of Measure Y revenue. Attachment 1 B3 - 16 GE N E R A L  FU N D  FI V E  YE A R  FI S C A L  FO R E C A S T :  20 1 3 ‐18 At t a c h m e n t  1 20 1 0 ‐11 2 0 1 1 ‐12 2 0 1 2 ‐13 2 0 1 2 ‐13 Ac t u a l A c t u a l M i d ‐Ye a r U n a u d i t e d 2 0 1 3 ‐14 20 1 4 ‐15 2 0 1 5 ‐162016‐172017‐18 20 1 3 ‐15  Fi n a n c i a l  Pl a n AV A I L A B L E  FU N D  BA L A N C E ,  BE G I N N I N G  OF  YE A R 11 , 1 1 4 , 1 0 0 1 2 , 9 0 7 , 9 0 0 1 0 , 8 0 2 , 3 2 8 1 1 , 0 7 3 , 3 2 8 1 8 , 7 2 5 , 9 6 9    16 , 5 9 7 , 1 6 9   16 , 6 9 6 , 8 6 9    16,804,04317,544,347  En c u m b r a n c e s 1, 3 9 5 , 8 7 2    1, 3 9 5 , 8 7 2     On e ‐ti m e  Ad j u s t m e n t  to  Fu n d  Ba l a n c e 1, 8 9 6 , 9 0 0     Ca r r y o v e r / U n u s e d  Ap p r o p r i a t i o n s 88 3 , 4 0 0            88 3 , 4 0 0            Fu n d  Ba l a n c e  Pr o g r a m m e d  fo r  20 1 2 ‐13  co s t s : 13 , 0 8 1 , 6 0 0 1 5 , 2 4 9 , 5 0 0 RE V E N U E S  & OT H E R  SO U R C E S Ta x e s Sa l e s  Ta x  + In ‐li e u  (B a s e d  on  "e f f e c t i v e "  1%  ta x  ra t e ) 12 , 0 9 8 , 6 0 0 1 3 , 2 8 9 , 9 5 0 1 4 , 0 0 6 , 2 9 2 1 4 , 2 9 8 , 4 0 0 1 4 , 5 1 5 , 5 0 0      15 , 0 5 8 , 7 0 0   15 , 6 3 4 , 9 9 6    16,408,14517,064,471 Me a s u r e  Y 1/ 2 %  No t e :  20 1 4 ‐15 / 1 5 ‐16  Es t i m a t e s  as s u m e  re n e w a l 5, 6 1 6 , 3 0 0    6, 2 3 7 , 4 6 8    6, 3 4 0 , 0 0 0    6, 4 9 3 , 8 0 0    6, 6 0 0 , 0 0 0          6, 8 6 4 , 0 0 0      7,138,560          7,424,102   7,721,066    Sa l e s  Ta x  ‐   Pr o p o s i t i o n  17 2 27 1 , 3 0 0            30 7 , 4 2 9            28 4 , 6 0 0            32 7 , 7 0 0            28 4 , 2 0 0                28 4 , 6 0 0              293,138                301,932      314,009       Pr o p e r t y  Ta x 8, 4 4 1 , 1 0 0    8, 3 6 7 , 0 8 8    8, 3 7 0 , 2 0 0    9, 1 7 6 , 6 0 0    8, 7 4 0 , 8 0 0          8, 8 7 2 , 2 0 0      9,111,745          9,385,096   9,704,190    Pr o p e r t y  Ta x  in  li e u  of  VL F 3, 5 5 1 , 1 0 0    3, 4 9 2 , 3 6 1    3, 5 3 3 , 2 0 0    3, 5 3 3 , 2 0 0    3, 5 8 6 , 2 0 0          3, 6 4 0 , 0 0 0      3,738,259          3,850,407   3,981,321    Tr a n s i e n t  Oc c u p a n c y  Ta x 4, 8 4 4 , 2 0 0    5, 2 2 2 , 0 0 4    5, 3 9 5 , 0 0 0    5, 5 7 2 , 4 0 0    5, 7 4 9 , 4 0 0          5, 8 9 8 , 2 0 0      6,092,835          6,437,177   6,806,789    Ut i l i t y  Us e r s  Ta x 4, 5 9 2 , 3 0 0    4, 5 8 4 , 0 5 5    4, 6 6 2 , 7 0 0    4, 9 2 8 , 0 0 0    4, 7 5 6 , 0 0 0          4, 8 7 4 , 9 0 0      4,948,018          5,086,563   5,244,246    Fr a n c h i s e  Fe e s 2, 3 5 2 , 1 0 0    2, 4 6 2 , 3 4 9    2, 4 9 8 , 0 0 0    2, 5 5 2 , 3 0 0    2, 5 2 3 , 0 0 0          2, 5 4 8 , 2 0 0      2,619,588          2,692,936   2,768,339    Bu s i n e s s  Ta x 1, 7 9 7 , 8 0 0    1, 8 3 7 , 5 4 8    2, 0 5 0 , 0 0 0    2, 0 3 8 , 9 0 0    2, 1 1 6 , 2 0 0          2, 1 6 8 , 6 0 0      2,203,318          2,260,604   2,323,901    Re a l  Pr o p e r t y  Tr a n s f e r  Ta x 13 3 , 7 0 0            14 3 , 9 8 5            18 0 , 0 0 0            25 6 , 3 0 0            18 0 , 0 0 0                18 0 , 0 0 0              183,600                187,272      192,516       Su b v e n t i o n s  & Gr a n t s Ve h i c l e  Li c e n s e  In ‐Li e u  Fe e s  (V L F ) 20 5 , 6 0 0            45 , 7 5 2                ‐                               19 , 3 0 0                ‐ ‐                                 ‐‐               ‐                Ga s  Ta x / T D A / T B I D  Tr a n s f e r s  In 1, 6 5 8 , 4 0 0    1, 4 0 7 , 6 0 0    1, 3 9 5 , 5 0 0    1, 3 8 4 , 9 0 0    1, 4 4 6 , 3 0 0          1, 4 3 2 , 8 0 0      1,407,680          1,407,680   1,407,680    Ot h e r  Su b v e n t i o n s  & Gr a n t s 59 0 , 4 0 0            56 4 , 3 4 7            1, 5 0 3 , 0 0 0    1, 3 5 5 , 2 0 0    33 1 , 7 0 0                33 1 , 7 0 0              281,721                283,971      286,598       Se r v i c e  Ch a r g e s De v e l o p m e n t  Re v i e w  Fe e s 1, 6 6 8 , 0 0 0    2, 4 5 3 , 7 7 3    2, 3 6 0 , 9 0 0    2, 5 9 5 , 2 0 0    2, 1 4 3 , 7 0 0          2, 2 5 0 , 6 0 0      2,340,653          2,434,279   2,531,650    Re c r e a t i o n  Fe e s 1, 3 0 0 , 7 0 0    1, 7 4 1 , 6 7 6    1, 5 1 8 , 4 0 0    1, 7 4 7 , 9 0 0    1, 5 1 9 , 2 0 0          1, 5 2 7 , 7 0 0      1,562,627          1,606,381   1,651,359    Ot h e r  Se r v i c e  Ch a r g e s 2, 0 1 8 , 4 0 0    2, 0 8 9 , 8 5 1    1, 8 6 0 , 6 0 0    1, 8 5 1 , 4 0 0    1, 7 7 4 , 8 0 0          1, 7 8 1 , 5 0 0      1,859,400          1,864,400   1,869,400    Ot h e r  Re v e n u e s Fi n e s  & Fo r f e i t u r e s 17 1 , 4 0 0            17 4 , 3 3 1            16 7 , 2 5 0            15 9 , 7 0 0            16 7 , 3 0 0                16 7 , 3 0 0              171,933                176,747      181,696       In t e r e s t  Ea r n i n g s  an d  Re n t s 54 9 , 9 0 0            58 8 , 4 5 1            28 9 , 0 0 0            28 2 , 9 0 0            32 4 , 2 0 0                32 4 , 2 0 0              329,000                334,000      349,000        Bo n d  Pr o c e e d s 5, 3 8 6 , 3 0 0    Ot h e r  Re v e n u e s 17 9 , 3 0 0            84 , 4 4 5                52 4 , 6 0 0            49 9 , 9 0 0            15 0 , 0 0 0                15 0 , 0 0 0              100,000                100,000      100,000       To t a l  Re v e n u e s 52 , 0 4 0 , 6 0 0 6 0 , 4 8 0 , 7 6 3 5 6 , 9 3 9 , 2 4 2 5 9 , 0 7 4 , 0 0 0 5 6 , 9 0 8 , 5 0 0      58 , 3 5 5 , 2 0 0   60 , 0 1 7 , 0 7 1    62,241,69264,498,231 EX P E N D I T U R E S  & OT H E R  US E S St a f f i n g  Co s t s ,  ne t  of  re i m b .  tr a n s f e r s  an d  es t .  sa v i n g s 34 , 7 1 9 , 8 0 0 3 6 , 2 7 2 , 5 0 0 3 5 , 9 4 5 , 4 0 0 3 6 , 4 5 0 , 6 0 0 3 6 , 1 3 5 , 2 6 2      36 , 7 5 0 , 7 9 6   38 , 2 6 0 , 8 7 7    39,386,93940,466,645 Op e r a t i n g  Pr o g r a m s  ‐   No n ‐st a f f i n g  co s t s  (n e t  of  es t i m a t e d  sa v i n g s ) 9, 9 9 4 , 1 0 0    10 , 9 3 9 , 6 5 5 1 5 , 0 9 3 , 1 0 0 1 2 , 1 5 8 , 3 0 0 1 3 , 4 2 6 , 0 3 8      13 , 9 2 2 , 8 0 4   14 , 0 6 3 , 3 2 8    14,046,90514,772,600 Tr a n s f e r s  to  Go l f ,  CD B G 37 2 , 8 0 0            53 , 5 6 4                45 , 0 0 0                45 , 0 0 0                53 , 1 0 0                      81 , 2 0 0                  81,200                    81,200        81,200          Bo n d  Co s t s / D e f e a s a n c e 5, 7 7 8 , 5 0 0    De b t  Se r v i c e 3, 0 2 3 , 2 0 0    2, 4 3 7 , 2 4 4    2, 6 3 7 , 5 0 0    2, 7 7 2 , 6 3 1    2, 7 6 0 , 2 0 0          2, 9 6 3 , 9 0 0      3,009,051          2,999,103   2,816,219    Tr a n s f e r  to  In s u r a n c e  Fu n d  ‐   CJ P I A  Re t r o  pa y m e n t 20,407                    475,407      475,407       Ca p i t a l  Im p r o v e m e n t  Pl a n  ‐   Eq u i p m e n t  Re p l a c e m e n t    (F l e e t ) ‐                               50 0 , 0 0 0            50 0 , 0 0 0            50 0 , 0 0 0            40 8 , 6 0 0                53 2 , 6 0 0              623,951                623,951      823,951       Ca p i t a l  Im p r o v e m e n t  Pl a n  ‐   Eq u i p m e n t  Re p l a c e m e n t  (I T ) 20 0 , 0 0 0            20 0 , 0 0 0            56 5 , 5 0 0                96 7 , 1 0 0              165,458                165,458      700,000       Ca p i t a l  Im p r o v e m e n t  Pl a n  ‐   Ma j o r  Fa c i l i t y  Re p l a c e m e n t 60 2 , 7 0 0                55 1 , 4 0 0              100,000                100,000      450,000       Ca p i t a l  Im p r o v e m e n t  Pl a n  ‐   Al l  ot h e r  CI P / O p e n  Sp a c e 2, 1 3 6 , 9 0 0    3, 7 2 2 , 8 0 0    3, 3 1 8 , 4 0 0    3, 4 7 1 , 0 0 0    5, 0 8 5 , 9 0 0          2, 4 8 5 , 7 0 0      3,585,625          3,622,425   3,897,425    To t a l  Ex p e n d i t u r e s 50 , 2 4 6 , 8 0 0 5 9 , 7 0 4 , 2 6 3 57 , 7 3 9 , 4 0 0 55 , 5 9 7 , 5 3 1 5 9 , 0 3 7 , 3 0 0      58 , 2 5 5 , 5 0 0   59 , 9 0 9 , 8 9 7    61,501,38864,483,447 Re v e n u e s  Ov e r  (U n d e r )  Ex p e n d i t u r e s   1, 7 9 3 , 8 0 0    77 6 , 5 0 0            1, 4 7 9 , 1 1 4    5, 7 5 5 , 7 4 1    (2 , 1 2 8 , 8 0 0 )      99 , 7 0 0                  107,174                740,304      14,784         FU N D  BA L A N C E ,  EN D  OF  YE A R 12 , 9 0 7 , 9 0 0 1 3 , 6 8 4 , 4 0 0 1 2 , 2 8 1 , 4 4 2 1 8 , 7 2 5 , 9 6 9 1 6 , 5 9 7 , 1 6 9      16 , 6 9 6 , 8 6 9   16 , 8 0 4 , 0 4 3    17,544,34717,559,131 Re s e r v e  @ 20 %  of  Op e r a t i n g  Co s t s 8, 9 4 2 , 8 0 0    9, 1 6 0 , 9 0 0    9, 9 3 0 , 7 0 0    10 , 0 7 2 , 9 8 0 9 , 9 1 2 , 2 7 3          10 , 1 3 4 , 7 0 0   10 , 4 6 8 , 9 2 5    10,781,93011,142,891  Ad j u s t  fo r  En c u m b r a n c e / C a r r y o v e r / D e b t  Sv c  Re s e r v e s (2 , 8 8 2 , 0 7 2 )   (2 , 0 8 7 , 6 0 0 )   (2 , 0 8 7 , 6 0 0 )      (2 , 0 8 7 , 6 0 0 )    (2 , 0 8 7 , 6 0 0 )      (2,087,600) (2,087,600)  Re s e r v e  ab o v e / ( b e l o w )  po l i c y  le v e l 3, 9 6 5 , 1 0 0        1, 6 4 1 , 4 2 8        2, 3 5 0 , 7 4 2        6, 5 6 5 , 3 8 9        4, 5 9 7 , 2 9 6            4, 4 7 4 , 5 6 9          4,247,518              4,674,817     4,328,640      FO R E C A S T 12B3 - 17 GE N E R A L  FU N D  FI V E  YE A R  FI S C A L  FO R E C A S T :  20 1 3 ‐18  ‐   As s u m e s  Sa l e s  Ta x  Me a s u r e  La p s e s  in  Ap r i l  20 1 5 At t a c h m e n t  1 20 1 0 ‐11 2 0 1 1 ‐12 2 0 1 2 ‐13 2 0 1 2 ‐13 Ac t u a l A c t u a l M i d ‐Ye a r U n a u d i t e d 2 0 1 3 ‐14 20 1 4 ‐15 2 0 1 5 ‐162016‐172017‐18 20 1 3 ‐15  Fi n a n c i a l  Pl a n AV A I L A B L E  FU N D  BA L A N C E ,  BE G I N N I N G  OF  YE A R 11 , 1 1 4 , 1 0 0 1 2 , 9 0 7 , 9 0 0 1 0 , 8 0 2 , 3 2 8    11 , 0 7 3 , 3 2 8 1 8 , 7 2 5 , 9 6 9   16 , 5 9 7 , 1 6 9   13,996,869    6,965,483   281,685        En c u m b r a n c e s 1, 3 9 5 , 8 7 2        1, 3 9 5 , 8 7 2     On e ‐ti m e  Ad j u s t m e n t  to  Fu n d  Ba l a n c e 1, 8 9 6 , 9 0 0     Ca r r y o v e r / U n u s e d  Ap p r o p r i a t i o n s 88 3 , 4 0 0                88 3 , 4 0 0            Fu n d  Ba l a n c e  Pr o g r a m m e d  fo r  20 1 2 ‐13  co s t s : 13 , 0 8 1 , 6 0 0    15 , 2 4 9 , 5 0 0 RE V E N U E S  & OT H E R  SO U R C E S Ta x e s Sa l e s  Ta x  + In ‐li e u  (B a s e d  on  "e f f e c t i v e "  1%  ta x  ra t e ) 12 , 0 9 8 , 6 0 0 1 3 , 2 8 9 , 9 5 0 1 4 , 0 0 6 , 2 9 2    14 , 2 9 8 , 4 0 0 1 4 , 5 1 5 , 5 0 0    15 , 0 5 8 , 7 0 0   15,634,996    16,408,14517,064,471 Me a s u r e  Y 1/ 2 %  No t e :  20 1 4 ‐15 / 1 5 ‐16  Es t i m a t e s  as s u m e  re n e w a l 5, 6 1 6 , 3 0 0    6, 2 3 7 , 4 6 8    6, 3 4 0 , 0 0 0          6, 4 9 3 , 8 0 0    6, 6 0 0 , 0 0 0        4, 1 6 4 , 0 0 0      ‐‐               ‐                 Sa l e s  Ta x  ‐   Pr o p o s i t i o n  17 2 27 1 , 3 0 0            30 7 , 4 2 9            28 4 , 6 0 0                32 7 , 7 0 0            28 4 , 2 0 0              28 4 , 6 0 0              293,138                301,932      314,009       Pr o p e r t y  Ta x 8, 4 4 1 , 1 0 0    8, 3 6 7 , 0 8 8    8, 3 7 0 , 2 0 0          9, 1 7 6 , 6 0 0    8, 7 4 0 , 8 0 0        8, 8 7 2 , 2 0 0      9,111,745          9,385,096   9,704,190    Pr o p e r t y  Ta x  in  li e u  of  VL F 3, 5 5 1 , 1 0 0    3, 4 9 2 , 3 6 1    3, 5 3 3 , 2 0 0          3, 5 3 3 , 2 0 0    3, 5 8 6 , 2 0 0        3, 6 4 0 , 0 0 0      3,738,259          3,850,407   3,981,321    Tr a n s i e n t  Oc c u p a n c y  Ta x 4, 8 4 4 , 2 0 0    5, 2 2 2 , 0 0 4    5, 3 9 5 , 0 0 0          5, 5 7 2 , 4 0 0    5, 7 4 9 , 4 0 0        5, 8 9 8 , 2 0 0      6,092,835          6,437,177   6,806,789    Ut i l i t y  Us e r s  Ta x 4, 5 9 2 , 3 0 0    4, 5 8 4 , 0 5 5    4, 6 6 2 , 7 0 0          4, 9 2 8 , 0 0 0    4, 7 5 6 , 0 0 0        4, 8 7 4 , 9 0 0      4,948,018          5,086,563   5,244,246    Fr a n c h i s e  Fe e s 2, 3 5 2 , 1 0 0    2, 4 6 2 , 3 4 9    2, 4 9 8 , 0 0 0          2, 5 5 2 , 3 0 0    2, 5 2 3 , 0 0 0        2, 5 4 8 , 2 0 0      2,619,588          2,692,936   2,768,339    Bu s i n e s s  Ta x 1, 7 9 7 , 8 0 0    1, 8 3 7 , 5 4 8    2, 0 5 0 , 0 0 0          2, 0 3 8 , 9 0 0    2, 1 1 6 , 2 0 0        2, 1 6 8 , 6 0 0      2,203,318          2,260,604   2,323,901    Re a l  Pr o p e r t y  Tr a n s f e r  Ta x 13 3 , 7 0 0            14 3 , 9 8 5            18 0 , 0 0 0                25 6 , 3 0 0            18 0 , 0 0 0              18 0 , 0 0 0              183,600                187,272      192,516       Su b v e n t i o n s  & Gr a n t s Ve h i c l e  Li c e n s e  In ‐Li e u  Fe e s  (V L F ) 20 5 , 6 0 0            45 , 7 5 2                ‐ 19 , 3 0 0                  ‐                                 ‐                                 ‐‐               ‐                 Ga s  Ta x / T D A / T B I D  Tr a n s f e r s  In 1, 6 5 8 , 4 0 0    1, 4 0 7 , 6 0 0    1, 3 9 5 , 5 0 0          1, 3 8 4 , 9 0 0    1, 4 4 6 , 3 0 0        1, 4 3 2 , 8 0 0      1,407,680          1,407,680   1,407,680    Ot h e r  Su b v e n t i o n s  & Gr a n t s 59 0 , 4 0 0            56 4 , 3 4 7            1, 5 0 3 , 0 0 0          1, 3 5 5 , 2 0 0    33 1 , 7 0 0              33 1 , 7 0 0              281,721                283,971      286,598       Se r v i c e  Ch a r g e s De v e l o p m e n t  Re v i e w  Fe e s 1, 6 6 8 , 0 0 0    2, 4 5 3 , 7 7 3    2, 3 6 0 , 9 0 0          2, 5 9 5 , 2 0 0    2, 1 4 3 , 7 0 0        2, 2 5 0 , 6 0 0      2,340,653          2,434,279   2,531,650    Re c r e a t i o n  Fe e s 1, 3 0 0 , 7 0 0    1, 7 4 1 , 6 7 6    1, 5 1 8 , 4 0 0          1, 7 4 7 , 9 0 0    1, 5 1 9 , 2 0 0        1, 5 2 7 , 7 0 0      1,562,627          1,606,381   1,651,359    Ot h e r  Se r v i c e  Ch a r g e s 2, 0 1 8 , 4 0 0    2, 0 8 9 , 8 5 1    1, 8 6 0 , 6 0 0          1, 8 5 1 , 4 0 0    1, 7 7 4 , 8 0 0        1, 7 8 1 , 5 0 0      1,859,400          1,864,400   1,869,400    Ot h e r  Re v e n u e s Fi n e s  & Fo r f e i t u r e s 17 1 , 4 0 0            17 4 , 3 3 1            16 7 , 2 5 0                15 9 , 7 0 0            16 7 , 3 0 0              16 7 , 3 0 0              171,933                176,747      181,696       In t e r e s t  Ea r n i n g s  an d  Re n t s 54 9 , 9 0 0            58 8 , 4 5 1            28 9 , 0 0 0                28 2 , 9 0 0            32 4 , 2 0 0              32 4 , 2 0 0              329,000                334,000      349,000        Bo n d  Pr o c e e d s 5, 3 8 6 , 3 0 0    Ot h e r  Re v e n u e s 17 9 , 3 0 0            84 , 4 4 5                52 4 , 6 0 0                49 9 , 9 0 0            15 0 , 0 0 0              15 0 , 0 0 0              100,000                100,000      100,000       To t a l  Re v e n u e s 52 , 0 4 0 , 6 0 0 6 0 , 4 8 0 , 7 6 3 5 6 , 9 3 9 , 2 4 2    59 , 0 7 4 , 0 0 0 5 6 , 9 0 8 , 5 0 0    55 , 6 5 5 , 2 0 0   52,878,511    54,817,59056,777,165 EX P E N D I T U R E S  & OT H E R  US E S St a f f i n g  Co s t s ,  ne t  of  re i m b .  tr a n s f e r s  an d  es t .  sa v i n g s 34 , 7 1 9 , 8 0 0 3 6 , 2 7 2 , 5 0 0 3 5 , 9 4 5 , 4 0 0    36 , 4 5 0 , 6 0 0 3 6 , 1 3 5 , 2 6 2    36 , 7 5 0 , 7 9 6   38,260,877    39,386,93940,466,645 Op e r a t i n g  Pr o g r a m s  ‐   No n ‐st a f f i n g  co s t s  (n e t  of  es t i m a t e d  sa v i n g s ) 9, 9 9 4 , 1 0 0    10 , 9 3 9 , 6 5 5 1 5 , 0 9 3 , 1 0 0    12 , 1 5 8 , 3 0 0 1 3 , 4 2 6 , 0 3 8    13 , 9 2 2 , 8 0 4   14,063,328    14,046,90514,772,600 Tr a n s f e r s  to  Go l f ,  CD B G 37 2 , 8 0 0            53 , 5 6 4                45 , 0 0 0                    45 , 0 0 0                  53 , 1 0 0                    81 , 2 0 0                  81,200                    81,200        81,200          Bo n d  Co s t s / D e f e a s a n c e 5, 7 7 8 , 5 0 0    De b t  Se r v i c e 3, 0 2 3 , 2 0 0    2, 4 3 7 , 2 4 4    2, 6 3 7 , 5 0 0          2, 7 7 2 , 6 3 1    2, 7 6 0 , 2 0 0        2, 9 6 3 , 9 0 0      3,009,051          2,999,103   2,816,219    Tr a n s f e r  to  In s u r a n c e  Fu n d  ‐   CJ P I A  Re t r o  pa y m e n t 20,407                    475,407      475,407       Ca p i t a l  Im p r o v e m e n t  Pl a n  ‐   Eq u i p m e n t  Re p l a c e m e n t    (F l e e t ) ‐                               50 0 , 0 0 0            50 0 , 0 0 0                50 0 , 0 0 0            40 8 , 6 0 0              53 2 , 6 0 0              623,951                623,951      823,951       Ca p i t a l  Im p r o v e m e n t  Pl a n  ‐   Eq u i p m e n t  Re p l a c e m e n t  (I T ) 20 0 , 0 0 0                20 0 , 0 0 0            56 5 , 5 0 0              96 7 , 1 0 0              165,458                165,458      700,000       Ca p i t a l  Im p r o v e m e n t  Pl a n  ‐   Ma j o r  Fa c i l i t y  Re p l a c e m e n t 60 2 , 7 0 0              55 1 , 4 0 0              100,000                100,000      450,000       Ca p i t a l  Im p r o v e m e n t  Pl a n  ‐   Al l  ot h e r  CI P / O p e n  Sp a c e 2, 1 3 6 , 9 0 0    3, 7 2 2 , 8 0 0    3, 3 1 8 , 4 0 0          3, 4 7 1 , 0 0 0    5, 0 8 5 , 9 0 0        2, 4 8 5 , 7 0 0      3,585,625          3,622,425   3,897,425    To t a l  Ex p e n d i t u r e s 50 , 2 4 6 , 8 0 0 5 9 , 7 0 4 , 2 6 3 57 , 7 3 9 , 4 0 0    55 , 5 9 7 , 5 3 1 59 , 0 3 7 , 3 0 0    58 , 2 5 5 , 5 0 0   59,909,897    61,501,38864,483,447 Re v e n u e s  Ov e r  (U n d e r )  Ex p e n d i t u r e s   1, 7 9 3 , 8 0 0    77 6 , 5 0 0            1, 4 7 9 , 1 1 4          5, 7 5 5 , 7 4 1    (2 , 1 2 8 , 8 0 0 )    (2 , 6 0 0 , 3 0 0 )    (7,031,386)      (6,683,798) (7,706,282)  FU N D  BA L A N C E ,  EN D  OF  YE A R 12 , 9 0 7 , 9 0 0 1 3 , 6 8 4 , 4 0 0 1 2 , 2 8 1 , 4 4 2    18 , 7 2 5 , 9 6 9 1 6 , 5 9 7 , 1 6 9    13 , 9 9 6 , 8 6 9   6,965,483          281,685      (7,424,597)  Re s e r v e  @ 20 %  of  Op e r a t i n g  Co s t s 8, 9 4 2 , 8 0 0    9, 1 6 0 , 9 0 0    9, 9 3 0 , 7 0 0          10 , 0 7 2 , 9 8 0 9 , 9 1 2 , 2 7 3        10 , 1 3 4 , 7 0 0   10,468,925    10,781,93011,142,891  Ad j u s t  fo r  En c u m b r a n c e / C a r r y o v e r / D e b t  Sv c  Re s e r v e s (2 , 8 8 2 , 0 7 2 )   (2 , 0 8 7 , 6 0 0 )   (2 , 0 8 7 , 6 0 0 )    (2 , 0 8 7 , 6 0 0 )    (2,087,600)      (2,087,600) (2,087,600)  Re s e r v e  ab o v e / ( b e l o w )  po l i c y  le v e l 3, 9 6 5 , 1 0 0        1, 6 4 1 , 4 2 8        2, 3 5 0 , 7 4 2              6, 5 6 5 , 3 8 9        4, 5 9 7 , 2 9 6            1, 7 7 4 , 5 6 9          (5,591,042)          (12,587,845) (20,655,088)  FO R E C A S T 13B3 - 18