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1.3.9.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time.
1.3.10 COMMUNICATIONS
1.3.10.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items.
1.3.10.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials.
1.3.10.3 State law provides that Council can take action only on such matters that have been noticed at least 72 hoursin advance of the meeting, unless special circumstances are found to exist. Substantive debate or deliberation or formal action or approval on non-agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting.
1.3.10.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes.
1.3.11 CLOSED SESSIONS (closed to the public)
1.3.11.1 Closed Sessions are regulated pursuant to the Brown Act.
1.3.11.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four-fifths vote of the Council, or as otherwise required by law.
1.3.11.3 Confidential materials provided for Closed Sessions must be returned to the City Attorney by the conclusion of the Closed Session.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment.
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1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City.
1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s minutes shall remain the official record of Council proceedings.
1.4.7 To assure timely information for the public, Action Updates shall be posted on the City’s website as soon as possible.
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CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered in an official capacity shall be established by resolution duly adopted and consistent with the rules established in the Charter.
2.1.1 CONSUMER PRICE INDEX INCREASES
In lieu of forming a Council Compensation Committee, Council may approve biennial Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles, Long Beach and Anaheim metropolitan area, increases applied to Council, Planning Commission, and Architectural Review Commission salaries, effective the first full pay period in January.
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City-funded participation in P.E.R.S. retirement.
The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance.
Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. If the Mayor and Council Members elect to opt out of medical, dental and vision that individual member will receive the opt out amount equal to City department heads.
Individual Council Members may waive any or all of the compensation provided to them. Such a waiver shall affect only the individual choosing to waive compensation for the period of time specified by that individual. An individual waiver shall not be binding on any other current or future Council Member. Should any Council Member wish to make a change in their individual compensation, staff will process a personnel action form to effectuate this change.
2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
2.3.1 PROFESSIONAL DEVELOPMENT - INCLUDING TRIPS AND MEETINGS For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out-of-county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines.
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2.3.2 START-UP ALLOWANCE
An additional professional development allowance shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative operations during the first 12 months following the taking of office and the amounts shall be as set forth in the applicable financial plan adopted by the Council.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in the Financial Plan.
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be used for in-county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses.
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form.
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget.
When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required.
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council.
Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local professional development and conferences. These guidelines include all non-local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage.
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2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account.
2.5.4 OTHER GUIDELINES
Any other travel-related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines.
2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS
The Political Reform Act of 1974 (Government Code sections 87200) requires local public officials to file a Statement of Economic Interest (Form 700) to disclose certain investments, interests in real property, sources of income, gifts, loans and business positions when assuming office, annually and when leaving office.
2.6 COUNCIL COMPENSATION COMMITTEE
A seven-member review committee shall be appointed no later than the last City Council meeting in January in even-numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May.
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen-at-large.
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances, and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council Members and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council Member and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of state legislation or by actions of the local electorate that may have added to, or deducted, from the duties and responsibilities of the Council Members and/or Mayor.
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CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407)
3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407)
3.1.3 The Mayor may order flags flown on City property to be lowered to half-staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with state and federal law.
3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407)
3.1.5 The Mayor may solemnize marriages while in office, (Family Code Section 400.1).
All rules and regulations for the rental of City facilities would apply.
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term and is made on a rotational basis, the appointment going to the next senior member that has not yet served as Vice Mayor during his/her Council term. The Vice Mayor shall be appointed at the first meeting in December.
3.3 FILLING COUNCIL VACANCIES
3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy.
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3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. In the case of a vacancy due to a current Council Member elected to the Mayor’s seat, the City Clerk may advertise the vacancy once the County Registrar of Voters has certified the election results.
3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall submit a written statement of 500 words or less covering at least the following areas:
3.3.4.1 The amount of time available each week to devote to the Council.
3.3.4.2 Reasons for wanting to be appointed.
3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23-month period.
3.3.4.4 Personal qualifications for the position.
3.3.4.5 Prior experience in government, or areas associated with or doing business with government.
3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting.
3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins.
3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he/she would be willing to serve if appointed, and that he/she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council.
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3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public.
3.3.5.7 If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision.
3.4 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507)
3.5 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508)
3.6 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed.
Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601)
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3.7 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and relevant State law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance.
No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506)
3.8 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo.
3.9 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast-paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or recommendations of the League of California Cities.
3.10 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443)
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CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M. Brown Act, Government Code Section 54950, et al. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than one other Council Member for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet statutory requirements. (GC § 54954.2)
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda. Exceptions:
4.2.4.1 An emergency situation exists (determined by a majority of the Council).
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4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote).
4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2)
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3)
4.2.6 PUBLIC DISRUPTIONS
The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting.
A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible"; the press may remain unless they participate in the disruption. (GC § 54957.9)
4.2.7 CORRESPONDENCE
All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5)
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8)
4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council no earlier than one week of the closed session. (GC § 54956.9)
4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee,
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unless the employee requests a public hearing. (GC § 549576)
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council a minimum of 24 hours before the time of the meeting. (GC § 54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and/or safety qualify for emergency meetings. (GC § 54956.5.)
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT
City email is no less a part of “official city business” than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City’s “Electronic Mail Policy” and Chapter 5 of this manual.
City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, “in a connected plan to engage in collective deliberation on public business.”
4.5.1 CITY EMAIL
City email is no less a part of “official city business” than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City’s “Electronic Mail Policy” and Chapter 5 of this manual.
City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, “in a connected plan to engage in collective deliberation on public business.”
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4.5.2 PRIVATE SOCIAL MEDIA AND DIGITAL COMMUNICATIONS
The City does not provide or support individual social media accounts for councilmembers.
Councilmembers that maintain personal social and other digital media accounts should be aware that, similar to City email or any other written or recorded communication related to the official conduct of city business, digital communications, social media posts and messages by public officials regarding matters that are before the City for action or within City jurisdiction can be “official city business” subject to laws and policies regarding freedom of speech, records retention and production, and public transparency. Those laws and policies include, but are not necessarily limited to, the California and United States Constitution, the California Public Records Act, the Ralph M. Brown Act, and the City’s records retention regulations.
It is the intent of this policy to ensure that councilmembers are aware that digital and social media communications regarding public business that are conducted using private networks, accounts or devices may be subject to the same laws as other records of public business and that mishandling of such communications in violation of applicable laws may subject to councilmembers and the city to liability under applicable laws and may result in censure of a violating councilmember. This policy is intended to establish parameters for the management of public, private and political digital and social media accounts in compliance with applicable laws and in a manner that avoids the potential for public confusion regarding public, private and campaign related digital and social media activities of councilmembers.
A councilmember or mayor participating in digital or social media communications shall maintain and clearly delineate between separate accounts for official, and personal or campaign statements, taking precaution not to convey personal or campaign communications in a manner that suggests such communications represent the position of the City or the City Council as a whole. To avoid ambiguity, all statements, headings, profile pictures, or biographies on personal or campaign accounts shall not be made in the name of the position to which the councilmember or mayor was elected, shall clearly reflect that content on such accounts does not represent the official positions of the City or the City Council, and shall not display the City logo or any other official City mark or title.
There is no California law requiring public officials to use only government accounts to conduct public business, but there should be no expectation of privacy if personal accounts are used to conduct public business.
Statements on official sites and accounts shall contain only official City positions, policies, or announcements, and all contents and messages communicated on such accounts are subject to the California Public Records Act. If a councilmember receives an electronic communication regarding city business on a personal account, they should copy that information to their official city account for transparency and ease of access for public records requests.
Digital records relating to public business are required to be in a manner capable of maintaining the record for the applicable retention period, including through the use of highlights, bins, or archives for temporary and disappearing stories, reels, posts, or otherwise. Likewise, public officials should avoid deleting comments or blocking
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individuals on official pages or sites they maintain. In the event that a councilmember deletes or removes content or blocks a user for threatening, harassing, or discriminatory content that the councilmember believes constitutes an imminent threat or violation of harassment or discrimination laws, a copy of the deleted or removed content shall be saved or retained consistent with city records retention policies and this policy. Social media content should be treated the same as any written document and retained in accordance with the City retention schedules or the minimum two-year period required under California Government Code.
4.5.3 SOCIAL MEDIA AND BROWN ACT COMPLIANCE
To avoid any violations of the Brown Act, consistent with the update provided by AB 992, councilmembers are permitted to use a social media platform to engage in conversations or communications on matters within the subject matter jurisdiction of the Council: (a) to answer questions; (b) to provide information to the public, and (c) to solicit information from the public. However, a majority of councilmembers may not use social media to “discuss among themselves” official business. AB 992 broadly defines the meaning of “discuss among themselves” to include any “communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body.” AB 992 prohibits a councilmember from communicating directly with the social media of any other member on a subject within the jurisdiction of the Council.
This social media guidance applies to all internet based social media platforms that are “open and accessible to the public,” including, but not limited to, blogs, podcasts, Snapchat, Instagram, Facebook, Twitter, Nextdoor, and Reddit.
4.6 OTHER PROVISIONS
The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk.
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CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business.
This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed.
5.2.1 REQUESTS FOR INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information.
Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole.
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally.
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload
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or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one-time" work requirement, as opposed to an on-going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council.
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines.
5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS
The City will provide each Council Member with equal and appropriate communications and technological devices to facilitate their public service and within the confines of the IT standards for hardware and software specifications.
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5.4.1 TELEPHONES
The City will provide at their request, each Council Member with direct access to the City’s telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voicemail and fax capability for Council Member use at home while in office. The City’s Telephone Use Policy applies to Council Member use of these telephones.
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY
The City will provide each Council Member, at their request, with a complete computer workstation and related City-standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City’s computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are:
• The City information systems exist solely for the purpose of conducting City business, not intended for personal use.
• All data (including electronic mail messages) is owned by the City and subject to public disclosure.
• All software and hardware installations should be made by IT staff on City-owned machines only. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements.
All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request.
5.4.3 SECURITY
Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City’s overall system protection. Passwords should never be shared with others.
5.4.4 INTERNET ACCESS
Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members.
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5.4.5 ELECTRONIC MAIL (EMAIL)
Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members.
5.4.6 SUPPORT RESPONSIBILITIES
5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member’s term of office.
5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies.
5.4.7 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology resources in accordance with the City’s normal policies, procedures, and guidelines.
5.5 COUNCIL MAIL HANDLING
All incoming mail addressed to the Mayor and Council Members, will be handled by the City Clerk’s staff in the following manner:
5.5.1 PAPER AND ELECTRONIC MAIL, PUBLIC RECORD
Both paper and electronic mail addressed to Council Members and delivered to City Hall, or any other City building or facility, or via any City equipment, account, or network, is presumed to be a public record, subject to retention and disclosure requirements as set forth in the City’s Records Retention Policy and the California Public Records Act, unless an express legal exemption or privilege applies. Council Members shall consult with the City Attorney prior to withholding or destroying any document or correspondence received in connection with their service for the City, except as specified herein. Electronic mail is additionally subject to the City’s Electronic Mail policy and Sections 5.4.2 and 5.4.5. Electronic mail will be retained and accessed in accordance with applicable laws and City Information Technology policies.
5.5.2 “PRIVATE, PERSONAL, CONFIDENTIAL” MAIL
Paper mail addressed to an individual Council Member and marked “private,” “personal” or “confidential” shall be date stamped on the envelope or package and shall be logged in by City Clerk’s staff in a manner that records the date of receipt, method of delivery, sender (if reflected on the face of envelope or package received), and recipient. The original will then be placed in the addressee’s City
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mailbox unopened. If mail has not been retrieved from the Council Member’s mailbox within 2 business days, such mail shall be retrieved by City Clerk’s staff and handled in accordance with Section 5.5.3.
5.5.2.1 Once opened and reviewed by the Council Member, any correspondence that reflects any comment, complaint, inquiry, or request that is or may be related to any matter of City business shall, within 2 business days, be copied as the Council Member deems appropriate and the original document delivered to the City Clerk for handling in accordance with Section 5.5.3. Personal notes (e.g. birthday or holiday cards) that do not implicate City business need not be provided to staff or retained pursuant to Section 5.5.3.
5.5.3. PROCESS FOR PAPER MAIL
All paper mail sent to Council (either as a group or to each Council Member) will be opened, date stamped and the envelope will be stapled to the back of the correspondence. Copies of each correspondence will be scanned and distributed to Council via an email as soon as possible. The original will be filed in the City Clerk’s office consistent with the City’s document retention policy.
5.5.3.1 Any public correspondence received on behalf of Council that requires staff to follow up with a response on an issue unrelated to a current agenda item will be distributed to Council per Section 5.5.3. Once the written response is prepared by the appropriate department (normally within two weeks) it will be sent to the person who initiated correspondence with the City Council, and all Council Members will receive a copy of the response. Items that require staff follow-up include, but may not be limited to, complaints, information requests, service requests, or other similar correspondence. Responses should be provided in the manner they were received (e.g. an e-mail response is appropriate for e-mail received, and a written response is appropriate for letters received in the mail).
5.5.3.2 Any public correspondence received on behalf of Council that is related to a current agenda item will be handled via the Agenda Correspondence procedure as stated in Section 1.3.7.
5.5.3.3 Unsolicited mail, advertisements, magazines/journal publications, and other “junk mail” will be date stamped and placed in a Council Members inbox for pick up. These items will not be scanned or logged.
5.5.3.4 If City Clerk staff can verify that an email correspondence has been distributed to all Council Members, it will be handled and retained pursuant to Section 5.5.3 but will not be redistributed.
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CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES
Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. 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.
6.1.2 ROLE
Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body.
6.1.3 COMMUNICATION
The purpose of the liaison assignment is to facilitate communication between the Council and advisory body.
6.1.4 EDUCATION
Increase the Council's familiarity with the membership, programs, and issues of the advisory body.
6.1.5 APPOINTMENT RECOMMENDATION
Interview applicants and make recommendations for appointments to the full Council.
6.1.6 ATTENDANCE
From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions.
6.2 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions.
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6.3 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address areas of concern and/or study.
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.4.1 INTENT
To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members.
6.4.2 COUNCIL AGENDA REPORTS
6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation.
6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report.
6.4.3 COUNCIL MEETINGS
6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body.
6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen.
6.4.4 RECOMMENDATIONS
Recommendations or Reports to Council must be in written form.
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6.5 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook.
Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and state legislation is in compliance.
6.6 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City.
6.6.1 PURPOSE
The establishment of these procedures shall insure that well-qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies.
6.7 PROCESS
6.7.1 QUALIFICATIONS
6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body.
Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full-time City officials and management employees are not eligible to apply.
6.7.1.2 The applicant must be at least 18 years of age at the time of appointment.
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6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409)
6.7.2 TERMS
6.7.2.1 The term of office for each appointee to an advisory body shall be a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year.
6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms, but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Construction Board of Appeals, which do not have term limits.
6.7.2.3 After a one-year interval, persons may reapply to serve on the same advisory body.
6.7.2.4 Mid-term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than half of a full term.
6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special-purpose1 committee at the same time he or she is serving on a non-technical or non-special-purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another.
6.7.3 PROCESS
6.7.3.1 Applications are obtained and filed with the City Clerk’s Office.
6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless that member has already served two consecutive, full terms on that advisory body.
1 Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise.
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6.7.3.3 The City Clerk shall post/publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process.
6.7.3.4 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee.
6.7.3.5 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). The City Clerk will provide the subcommittee with the Advisory Body Interview Template to assist with the interview process.
6.7.3.6 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee.
6.7.3.7 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year.
Should a vacancy occur on the committee to which they applied, the City Clerk’s office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy.
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CHAPTER SEVEN
COUNCIL CONFIDENTIALITY POLICY
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE
7.1.1 PURPOSE AND INTENT
In order to keep the City Council fully informed about pertinent legal issues that may impact the City Council's decision-making, the City Attorney and other attorneys retained to represent the City issue confidential legal opinions and/or conducts closed sessions when authorized to do so by the Brown Act. Unauthorized disclosures of confidential information obtained from such confidential communications harm the City by compromising the City’s negotiating positions, diminishing the willingness of City staff and other Council Members to communicate fully and frankly with the City Attorney, and exposing the City to unwarranted litigation risks and significant damages awards against the City. It is the intent of the Council that the City’s confidential information shall be maintained inviolate and that unauthorized disclosures of such information be deterred and/or censured.
7.1.2 PROHIBITION AGAINST DISCLOSURE
No person in receipt of Confidential Information, as defined herein, shall disclose or cause to be disclosed all or part of any confidential information to any unauthorized person.
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE
Any Council Member disclosing or causing to be disclosed confidential information to any unauthorized person may be subject to public censure by the City Council. Any censure proceeding shall be conducted in accordance with a process established by the City Council and shall, at a minimum, ensure that no public censure will occur unless the accused Council Member has been provided with notice of the accusation of unauthorized disclosure, the facts supporting such accusation, and an opportunity to be heard regarding the allegations.
7.3 DEFINITIONS
For purposes of this policy, the following words and phrases shall be defined as follows:
7.3.1. CAUSE TO BE DISCLOSED
Failure to exercise due care in maintaining the confidentiality of the Confidential Information, whether verbal or written.
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7.3.2 CONFIDENTIAL INFORMATION
7.3.2.1 Any information within the scope of a duly authorized closed session, whether provided orally or in writing, by any attorney, consultant, staff member or Council Member acting within the scope of the closed session (See Gov't. Code Sec. 54963); or
7.3.2.2 Any oral or written communications by or from the City Attorney, Assistant City Attorney, or any retained counsel representing the City’s legal interests containing the attorney's legal opinions, advice, thoughts, mental impressions or conclusions that are given on behalf of the City.
7.3.2.3 Confidential Information does not include information that is: required by law to be reported out of closed session; authorized to be disclosed by a majority vote of the City Council; or otherwise authorized to be disclosed under the law.
7.3.3 UNAUTHORIZED PERSON
7.3.3.1 With respect to confidential information communicated during a closed session, any person, other than a Council Member, not in attendance at the closed session; or
7.3.3.2 Any person to whom the oral or written confidential information is not directed or addressed; or
7.3.3.3 Any person who has a disqualifying conflict of interest in the subject matter of the confidential information.
7.3.3.4 Unauthorized person does not include Charter Officers and department heads and the staff of Charter Officers and department heads, when such persons have a need to know the confidential information in order to discharge the duties of their positions for the benefit of the City.
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CHAPTER EIGHT
COUNCIL CENSURE POLICY
8.1 PURPOSE OF CENSURE POLICY
In order to deter violations of law and serious violations of adopted City policies, the City Council may take formal action against its members for such misconduct in the form of censure.
8.2 DEFINITIONS
8.2.1. CENSURE
Censure is a formal Resolution of City Council reprimanding one of its own members for specified conduct, generally a violation of law or of City policy where the violation of policy is considered to be a serious offense. Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional. Censure carries no fine or suspension of the rights of the member as an elected official, but a censure is a punitive action that serves as a punishment for wrongdoing.
8.3 CENSURE PROCEDURE
8.3.1 Any member of the City Council may submit, in writing to the Chair of the Personnel Board, a complaint and request for a censure hearing concerning an alleged violation of law or serious violation of City policies by another member.
8.3.2 Prior to any formal action by the City Council to censure a member, the person against whom censure is sought is entitled to due process of law, which requires notice and the opportunity to be heard and to refute the evidence against him or her, by means of a censure hearing.
8.3.3 The complaint shall contain specific factual allegations and any supporting evidence of specific conduct alleged to violate existing law or adopted City policies.
The Personnel Board within 30 business days shall review the record and either (1) issue an advisory opinion to the Council; or (2) conduct further investigation and/or a hearing on the matter.
8.3.4 A copy of the complaint and request for censure shall be provided to the accused Council Member as soon as possible following receipt, but in no event less than 72- hours prior to the meeting of the Personnel Board at which the complaint and request for a censure hearing will be considered.
8.3.5 The Personnel Board shall consider whether additional investigation is necessary and, if so, shall appoint an ad hoc committee to complete the necessary investigation and make a written report of the investigation to the full Board.
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8.3.6 The ad hoc committee will determine the process by which statements are taken.
Witnesses may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness testimony before the Personnel Board, consistent with its subpoena power granted under the City Charter.
8.3.7 The Personnel Board and ad hoc committee, if necessary, shall be staffed by the Assistant City Attorney and such other administrative support staff as may be necessary to assist in its investigation and report to the Council.
8.3.8 Upon completion of its review of the complaint and any additional investigation the committee shall determine if, considering all the facts and evidence, there is sufficient evidence to believe or not believe that the alleged violation of law or serious violation of adopted City policy occurred. The Personnel Board shall make a written report to the Council stating the specific law or policy alleged to have been violated, and summarizing the complaint, evidence, and the results of any additional investigation. The Board shall also make a recommendation to the Council that the complaint is supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a censure hearing, or, alternatively, that the complaint is not supported by sufficient evidence of a violation of law or serious violation of adopted City policy to warrant a Council censure hearing.
8.3.9 If the Personnel Board determines that the allegations are supported by sufficient evidence and a censure hearing is warranted, the City Clerk shall be notified and shall set the matter for a public censure hearing before the City Council; if the Personnel Board concludes that the allegations are not supported by sufficient evidence and a censure hearing is not warranted, the Board’s recommendation will be forwarded to the City Council and no further action taken, unless the City Council directs, by a majority consensus of the City Council during Council Communications, the matter to be placed on its agenda for further consideration. In either case, a copy of the final report shall be provided to the accused member at the same time it is provided to the City Council.
8.3.10 If a public hearing is set before the City Council, it shall be at least 14 days following the Personnel Board’s recommendation in order to give the member subject to censure adequate time to review the allegations and evidence against him or her and prepare a defense, but no longer than 30 days from the date of the Personnel Board’s recommendation.
8.3.11 At the hearing, the subject member shall be given an opportunity to make an opening statement, closing statement, and to question his or her accusers. The hearing shall not be a formal adversarial hearing and the Rules of Evidence shall not apply to the proceeding. The subject member may choose to be represented and to designate his or her representative to speak on his or her behalf.
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8.3.12 A City Council decision to censure requires the adoption of a Resolution making findings, based on substantial evidence that the member has engaged in conduct that constitutes a violation of law or a serious violation of an adopted City policy.
The Resolution must be affirmed by at least three affirmative votes of the Council.
The accused Council Member shall not participate in the City Council’s deliberations after the public hearing is closed or in any vote by the City Council on the proposed censure.
R ______
RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING ITS COUNCIL POLICIES AND
PROCEDURE MANUAL
WHEREAS, the City Council has adopted a certain manual entitled “Council Policies and Procedures” to define and ensure the proper conduct of the City’s business by the City Council and in compliance with State law and the City’s Charter and Ordinances; and
WHEREAS, the Council periodically revises its Council Policies and Procedures Manual to ensure clarity, consistency with State law, and conformity with the City Charter and Ordinances.
WHEREAS, on December 7, 2021, Council deferred the appointment of a Council Compensation Committee and directed staff to return to Council with a Resolution amending the Council Policies and Procedures to allow biennial Consumer Price Index increases to Council, Planning Commission, and Architectural Review Commission salaries.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Section 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS shall be amended as follows:
2.1.1 CONSUMER PRICE INDEX INCREASES
In lieu of forming a Council Compensation Committee, Council may approve biennial Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles, Long Beach and Anaheim metropolitan area increases applied to Council, Planning Commission, and Architectural Review Commission salaries, effective the first full pay period in January.
Resolution No. _____ (2022 Series) Page 2
R ______
SECTION 2. Resolution 11237 (2021 Series) is hereby repealed and superseded to the extent inconsistent herewith.
Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2022. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk
R ______
RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, SETTING NEW SALARIES FOR THE MAYOR,
COUNCIL MEMBERS, PLANNING COMMISSIONERS, AND
ARCHITECTURAL REVIEW COMMISSIONERS
WHEREAS, Charter Section 410 provides for compensation and reimbursement of expenses for the Mayor and Council Members and establishes a procedure for a biennial review by a five-member Council Compensation Committee; and WHEREAS, on December 7, 2021, Council deferred the appointment of a Council Compensation Committee and directed staff to return to Council with a Resolution amending the Council Policies and Procedures to allow biennial Consumer Price Index increases to Council, Planning Commission, and Architectural Review Commission salaries.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 2.1 of the Council Policies and Procedures shall be amended to read as follows:
Effective the first full payroll period in January 2023, compensation for services rendered in an official capacity shall be provided as follows:
The Mayor shall receive a monthly salary of $2,696 and each City Council Member shall receive a monthly salary of $2,139.
Planning Commissioners shall receive $80 per meeting, not to exceed $320 per month.
Architectural Review Commissioners shall receive $80 per meeting, not to exceed $320 per month.
Resolution No. _____ (2022 Series) Page 2
R ______
SECTION 2. Resolution Number 11085 (2020 Series) is hereby repealed and superseded to the extent inconsistent herewith.
Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2022. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk
Item 5g
Department: Administration
Cost Center: 1005
For Agenda of: 4/19/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Sustainability & Natural Resources Official SUBJECT: AUTHORIZE GRANT FUNDING FOR SAN LUIS OBISPO REPERTORY
THEATRE
RECOMMENDATION
1. Approve grant funding in the aggregate amount of $3,940,000 for construction of the San Luis Obispo Repertory Theatre’s new downtown theatre; and
2. Authorize the City Manager to execute a Grant Agreement between the San Luis Obispo Repertory Theatre and the City of San Luis Obispo, California, in a final form satisfactory to the City Attorney.
DISCUSSION
Background
The San Luis Obispo Repertory Theatre (“SLO REP”), previously known as the San Luis Obispo Little Theatre, has been a long-standing tenant of the City’s old library property at 888 Morro Street, located next door to City Hall. SLO REP first began to set forth a vision for a new 300-seat community theatre in the early 1990s. In March 2000, the City Council identified several options for such a theatre within what would become known as the Cultural Arts Parking Structure site located at the corner of Palm and Nipomo Streets and committed to working with SLO REP.
SLO REP has now become a strong community partner and local non-profit, including building a strong Board and governance structure, establishing a professional staff and increased theatre offerings, and implementing a significant capital campaign in anticipation of the design, construction, and operating costs associated with the longplanned move to a new location.
Item 5g
On May 22, 2019, the City and SLO REP entered into an Exclusive Negotiating Agreement (“ENA”) to set the parameters and conditions for SLO REP’s long-term use of a portion of the City property for construction and operation of a new Downtown Theatre (“Downtown Theatre”) where the Cultural Arts Parking Structure will also be located. Key deal points of the ENA include: 1.) SLO REP completing a fundraising plan and proof of financial ability to complete its project, and 2.) the City completing a rezone of the property and an Environmental Impact Report for both projects. It is anticipated that the ENA will be replaced by a long-term lease when SLO REP can provide evidence of available funding for the new theatre, as further detailed in the ENA.
Since entering into the ENA in 2019, SLO REP has diligently and successfully pursued its capital campaign fundraising objectives, as well as design and engineering for the new theatre. Despite the challenges associated with the COVID-19 pandemic, SLO REP continued to work with major donors, several of whom are reported to be poised to make substantial gifts towards the new theatre project. Recent professional cost estimates, however, reveal that construction costs have risen significantly during this same time period, leading SLO REP to make revisions to their project and overall programming strategy, as well as further engage with the City in furtherance of shared goals and objectives.
Previous Council Action
On January 25, 2022, SLO REP submitted to the City Council a formal “Challenge Grant” request for funding in the amount of $3,940,000 towards construction of the new Downtown Theatre project (Attachment B). At its regularly scheduled meeting on February 15, 2022, the City Council appropriated the requested funding as part of the FY 2021-2022 Mid-Year Budget Review, with the understanding that the subject Grant Agreement would follow for Council review shortly thereafter.
Key Highlights of the Grant Agreement
The Grant Agreement includes the following key deal points and structure, consistent with prior direction from the City Council:
1. Grant funding in the aggregate amount of $3,940,000.
2. SLO REP must meet a series of conditions precedent to funding, including raising and first utilizing all other necessary funds to complete the project, execution of a long-term lease for the property on which the new theatre will be constructed, and obtaining all required building permits and project entitlements.
3. Grant funds may be used for direct construction costs at the new Downtown Theatre only.
4. Grant funds will be disbursed only on reimbursement basis upon submittal of satisfactory invoices.
5. SLO REP shall submit quarterly progress reports to the City.
Item 5g
Policy Context
SLO REP’s long-standing plans for construction of a new Downtown Theatre are consistent with the City’s Downtown Concept Plan (2017) and the “Economic Recovery, Resiliency & Fiscal Sustainability” Major City Goal specified in the City’s 2021-23 Financial Plan.
Public Engagement
SLO REP’s Challenge Grant Request was considered as part of the FY 2021-2022 MidYear Budget Review at the City Council’s regularly scheduled and noticed meeting. The contractual arrangements specified in the Grant Agreement are considered a matter of routine City business in order to carry out City Council’s budget priorities, however, any member of the public may provide comments addressing this item.
CONCURRENCE
The City’s Public Works Department and Community Development Department have offered their concurrence with the recommended action.
ENVIRONMENTAL REVIEW
Entering into the subject Grant Agreement is not considered a project, in and of itself, under CEQA Guidelines Section 15378. However, the City completed environmental review as lead agency for both its Parking Structure and the Downtown Theatre and certified a Final Environmental Impact Report by Resolution No. 10923 (2018 Series).
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $3,940,000 $3,940,000 - -
Total $3,940,000 $3,940,000 - -
Item 5g
The City Council appropriated the requested funding of $3,940,000 as part of the FY 2021-2022 Mid-Year Budget Review. The Grant Agreement, if approved, has been prepared to facilitate the disbursement of the funds in a manner that is protective of the City’s interests by ensuring that grant funds would only be disbursed once all conditions precedent to funding have been met, and thereafter on a reimbursement basis upon submittal of progress invoices for work performed.
Modest staff time from City Administration will be necessary to continue serving as a liaison to SLO REP and to oversee the administration of the Grant Agreement, as well as from the Public Works Department to ensure that the City’s parking structure and SLO REP’s new theatre are well-coordinated and to assist in reviewing invoices and progress reports from SLO REP as needed.
It is also noteworthy that, once fully operational, SLO REP anticipates that the new Downtown Theatre would offer 324 shows per year on 176 dates, generating a local economic impact of more than $3 million annually while drawing 50,000 patrons to downtown San Luis Obispo each year, as further detailed in the Challenge Grant Request.
ALTERNATIVES
1. Council could request changes to the terms and conditions of the Grant Agreement.
2. Continue the item with specific direction if more information or discussion time is required before taking action.
ATTACHMENTS
A - Draft SLO Repertory Theatre Grant Agreement
B - Challenge Grant Funding Request from SLO REP
GRANT AGREEMENT
SAN LUIS OBISPO
REPERTORY THEATRE
This agreement dated ____________________________ is between SAN LUIS OBISPO REPERTORY THEATRE, a California non-profit corporation (“SLO REP”) and CITY OF SAN LUIS OBISPO, a California Municipal Corporation and Charter City (“CITY”) (the “Grant Agreement”) with reference to the following:
WHEREAS, SLO REP and CITY previously entered into an Exclusive Negotiating Agreement (the “ENA”) on May 22, 2019, that identified a mutual interest in the development of a new theatre site, to be leased by SLO REP, and a new City parking structure to be located on CITY property, together with obligations to be performed by both CITY and SLO REP and recitation of conditions precedent for purposes of SLO REP entering into a long-term lease with CITY for a portion of CITY’s property; and
WHEREAS, SLO REP issued a written Challenge Grant Request to the City Council dated January 25, 2022, that set forth a rationale and basis for SLO REP’s request of CITY to contribute to the construction of its new downtown theatre project (the “Downtown Theatre”), to be located at the corner of Palm Street and Nipomo Street, San Luis Obispo, and contiguous with CITY’s planned Cultural Arts District Parking Structure (“Parking Structure”); and WHEREAS, at its regularly scheduled meeting on February 15, 2022, the City Council appropriated $3.94 million, as requested by SLO REP, as part of its approval of the FY 2021-2022 Mid-Year Budget Review; and
WHEREAS, CITY’s financial support towards construction of the Downtown Theatre to be leased and used by SLO REP is intended to be a challenge grant that will serve to motivate and catalyze other funders and donors in furtherance of SLO REP’s overall capital campaign and fundraising goals for the construction of the Downtown Theatre site development; and WHEREAS, the new Downtown Theatre will ultimately be available to both residents of the City and visitors alike, thereby serving public purposes in furtherance of CITY’s goals for facilitating both arts and cultural amenities, as well as contributing to a thriving and prosperous downtown area through economic development activities, and
WHEREAS, SLO REP’s long-standing plans for construction of a new Downtown Theatre are consistent with CITY’s Downtown Concept Plan (2017) and its “Economic Recovery, Resiliency & Fiscal Sustainability” Major City Goal specified in the 2021-23 Financial Plan, and WHEREAS, CITY completed environmental review as lead agency for both the development of the Parking Structure and the Downtown Theatre and certified a Final Environmental Impact Report by Resolution No. 10923 (2018 Series).
NOW, THEREFORE, CITY and SLO REP for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows:
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1. Construction of the Downtown Theatre
On or before the date that is ten (10) years following the execution of this Grant Agreement, SLO REP shall complete construction of the Downtown Theatre. SLO REP’s failure to comply with this term may result in amendment, provided substantial progress or extenuating circumstances can be documented, or termination of this Agreement as provided herein.
2. Grant Amount and Allowed Expenses
City agrees to pay SLO REP a one-time only grant in installments as provided in Section 4, the aggregate sum of $3,940,000 (“Grant Funds”), to be used towards the construction of the Downtown Theatre, subject to the conditions set forth herein. The Grant Funds shall only be used for Eligible Costs directly related to construction of the Downtown Theatre as specified below.
CITY’s Grant Funds may only be used for direct construction costs defined as contractor expenses for labor, project management, material, equipment, utilities and other direct construction costs ("Eligible Costs"). Payments for “soft” costs are not Eligible Costs and shall not be paid from CITY Grant Funds. “Soft” costs are expense items that are not considered direct construction costs such as architectural and engineering expenses or project fees associated with the project. If there is a dispute about whether a project cost is an Eligible Cost, CITY shall have final determination of whether the cost is an Eligible Cost.
SLO REP acknowledges that construction of the Downtown Theater is subject to payment of prevailing wages on the entirety of the project due to the City’s contribution of funding to the project and that such obligation will be expressly conveyed by SLO REP to and will be binding on any covered contractor engaged to perform work on the Downtown Theatre project.
3. Conditions Precedent to Funding
SLO REP shall satisfy the following required conditions prior to any disbursement of Grant Funds by CITY. With respect to any requested reimbursement, SLO REP shall:
a. Maintain its 501(c)(3) non-profit status.
b. Shall secure all other grant funds, donations, pledges, or financing necessary to complete construction of the Downtown Theatre, inclusive of the amount of Grant Funds provided by the CITY pursuant to this Grant Agreement, and shall first utilize (or provide for first utilizing) all other grant funds, donations, or financing then available (collectively “Other Available Funding”) for the construction of the Downtown Theatre prior to any request for reimbursement from CITY. However, SLO REP’s initial reimbursement request for Grant Funds may be made prior to complete exhaustion of Other Available Funding, as necessary, to ensure continued availability of funding to complete construction of the Downtown Theatre in conformance with the construction schedule to be provided under Section 3(e) and the schedule of values to be provided under Section 3(f). However, in no instance shall reimbursement requests for CITY’s Grant Funds exceed the estimated value of completed improvements.
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c. Continue to adhere to all of the requirements of the ENA, attached hereto as Exhibit A and hereby incorporated by reference, until such time as a long-term lease is entered into with CITY, as contemplated by the ENA. Once the long-term lease is in place, SLO REP shall abide by all lease terms and conditions. d. Have secured all necessary project entitlements and building permit(s) for construction of the Downtown Theatre that may be applicable as further described in Paragraph 6, below.
e. Have submitted to the Public Works Director’s reasonable satisfaction a critical path construction schedule that includes all Downtown Theatre project-related tasks, and thereafter update this critical path construction schedule and furnish the same to the City on a quarterly basis (4 times a year) until construction is complete and a certificate of occupancy for the Downtown Theatre is furnished. f. Submit to the Public Works Director's reasonable satisfaction a “schedule of values” for items of work the general contractor will thereafter be completing. Identify in the schedule of values each of the items that are proposed to be funded, and when, by CITY Grant Funds.
4. Reimbursement Requests
Upon satisfaction of the conditions identified in Section 3, reimbursement payment requests for Eligible Costs identified in the construction schedule required pursuant to Section 3(e) shall be submitted to CITY’s Deputy City Manager. Reimbursement payment requests shall include supporting documentation including contractor invoices and the most current building inspection documentation available at that time, as well as a statement that the construction work progress has been accepted by SLO REP. Reimbursement payment requests may be submitted on a bi-monthly (twice per month) basis and will be reviewed and approved for reimbursement by the CITY in a timely manner, and CITY will make best efforts to process and pay reimbursement requests within fifteen (15) business days from the date of such payment request, provided that sufficient documentation supporting the reimbursement request is provided to CITY. Sufficiency of payment documentation shall be in the sole but reasonable discretion of the CITY and CITY reserves the right to request and receive additional reasonable documentation to support SLO REP’s reimbursement requests and as may be appropriate to aid in City’s determination of whether the requested reimbursement payment is for an Eligible Cost.
5. Construction at Other Sites
If SLO REP determines that construction of the Downtown Theatre at the specified site is impractical or inadvisable for any reason, then SLO REP may not use the Grant Funds for any other purpose without prior written approval of the City Council.
6. Permits
SLO REP shall apply for and obtain all necessary building and other related permits and project entitlements necessary to construct the Downtown Theatre in conformance with local, state, and federal laws. This Grant Agreement does not authorize the construction of the Downtown Theatre or otherwise alter or impact the exercise of the City’s independent regulatory and land use authority.
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7. Funding Source Recognition
SLO REP will ensure recognition of the role of CITY in providing funding through this Grant Agreement. CITY shall be identified as a funding source in all applicable publications, press releases, social media outreach and similar fundraising promotions.
8. Amendments
CITY and SLO REP may amend this Agreement at any time provided that such amendments make specific reference to this Grant Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City Council. Such amendments will not invalidate this Agreement, nor relieve or release either CITY or SLO REP from its obligations under this Grant Agreement, except as expressly provided in writing in any such duly executed amendments.
9. Quarterly Reports and Financial Assurance
The SLO REP shall provide quarterly reports on both Downtown Theatre construction project progress including the use of CITY Grant Funds. These reports shall be due at the end of the first month after the end of the calendar quarter (i.e. January, April, July, and September) and submitted to the Deputy City Manager. The quarterly reports should include percentage of construction completion, other available funding on hand or then receivable, and work anticipated to be completed in the following quarter. CITY reserves the right to request and receive copies of invoices, account statements, or audits of SLO REP’s financial records pertinent to the Downtown Theatre’s construction and in CITY’s sole discretion, to withhold reimbursement payments until satisfactory reports and supporting documentation are received.
10. Assignability
The SLO REP shall not assign or transfer any interest in this Grant Agreement without the prior written consent of the City Council.
11. Conflict of Interest
No member of the CITY’s governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the Downtown Theatre project, will have any personal financial interest, direct or indirect, in this Grant Agreement; and the SLO REP will take appropriate steps to assure compliance.
SLO REP agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which require in part, that SLO REP to maintain a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
12. Severability
If any provision of this Grant Agreement is held invalid, the remainder of the Grant Agreement will not be affected thereby and all other parts of this Grant Agreement will nevertheless remain in full force and effect.
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13. Entire Agreement
This Agreement constitutes the entire agreement between CITY and SLO REP for the use of funds received under this Grant Agreement and shall supersede all prior communications and proposals, whether electronic, oral, or written between CITY and SLO REP with respect to this Grant Agreement.
14.No Agency or Employment
The SLO REP is solely responsible for all activities supported by this Grant Agreement.
Nothing in this Grant Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between SLO REP and CITY. SLO REP shall not represent itself as an agent of CITY for any purpose, and has no authority to bind CITY in any manner whatsoever. SLO REP and all of its agents, representatives, or participants in any manner in the performance of its obligations and duties hereunder, shall be employees, independent contractors, or volunteers solely of SLO REP. They shall not for any purpose be considered employees or agents of CITY.
15.Indemnification
The SLO REP agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless CITY its officers, directors, affiliates, employees, and agents (“City Indemnitees”), from and against any and all claims, liabilities, losses and expenses (including reasonable attorney’s fees) directly, indirectly, wholly or partially arising from or in connection with any act or omission of SLO REP, its employees or agents, in applying for, accepting, or use of the Grant Funds, or in carrying out the Downtown Theatre project as set forth. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from SLO REP’s performance under this Grant Agreement, SLO REP shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
16.Termination
The City Manager may, within his or her reasonable discretion, initiate termination of this Grant Agreement in the event of any material breach of the terms of this Grant Agreement by SLO REP. Material breach includes breach of Sections 1-7, 9 and 15 of this Grant Agreement, but does not include minor delays in reporting or other delays in obligations set forth herein caused through no fault of SLO REP as well as administrative or clerical errors made in good faith. Upon the City Manager’s written notice of breach, SLO REP shall have forty-five (45) calendar days to cure any such breach (the “Notice of Breach”). Should SLO REP fail to cure, or provide documentation of substantial progress towards curing such breach within forty-five (45) calendar days of the date of the Notice of Breach, the City Manager shall provide written notice of termination of this Grant Agreement (the “Notice of Termination”). Said termination shall be effective thirty (30) calendar days after the City Manager mails the Notice of Termination to SLO REP. Any remaining Grant Funds in excess of then unpaid Eligible Costs, as defined in Section 2, actually incurred as of the date of notice of termination shall revert to CITY upon the effective date of termination.
17.Notices
For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses:
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CITY:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Manager
SLO REP:
San Luis Obispo Repertory Theatre
888 Morro Street
San Luis Obispo, CA 93401
Attn: Managing Artistic
Director
CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION
By:
Derek Johnson, City Manager
SAN LUIS OBISPO REPERTORY THEATRE, A CALIFORNIA NON-PROFIT
CORPORATION
By: ___________ Kevin Harris, Managing Artistic Director APPROVED AS TO FORM:
By:
J. Christine Dietrick, City Attorney
San Luis Obispo Repertory Theatre
Challenge Grant Request • January 2022
“Books are read and movies are watched, but plays are felt.
In SLO REP’s new theatre, the plays will touch your soul.” -Hႇ'DQLHOV$FWRUDQG)RXQGHURI7KH3XUSOH5RVH7KHDWUH&RPSDQ\
January 25, 2022
Dear Mayor Stewart
and Honorable Councilmembers Christianson, Marx, Pease and Shoresman:
A decade ago, San Luis Obispo Repertory Theatre (SLO REP) eagerly accepted the City’s request to raise private funds to build a new City-owned theatre on City land adjacent to the planned Palm-Nipomo parking structure.
From the beginning, the parking structure and the proposed SLO REP Theatre have been inextricably linked as key components of the Downtown Concept Plan, the City’s vision to enhance downtown’s historic role as the beating heart of San Luis Obispo’s rich culture and economy.
With these objectives in mind, we seek your approval of a $3.94 million challenge grant from one-time funds to assure construction of a new SLO REP Theatre. The City would own this community asset, with more than 70% of the total project financed with private funds. This textbook example of a true public-private partnership would serve many generations to come.
INVESTMENT RATIONALE
Aware of the many worthy demands on City resources, we offer the following rationale for making this investment:
x This grant would be consistent with the Council’s Major City Goals for 2021- 23 “to engage and expand upon its community partnerships” with additional focus “on the retention of existing businesses, the recovery of arts and culture, the vitality of the downtown, and supporting underserved groups and populations.”
x For a relatively small investment, the City would be able to complete a large, central piece of its Downtown Concept Plan. For perspective, our challenge grant request is equal to about 1% of the $387 million slated for City Capital Improvement Projects in 2022.
x Once fully operational, the new theatre would offer 324 shows a year on 176 dates, generating an economic impact of more than $3 million annually. We conservatively project that the new venue will draw 50,000 patrons downtown each year, more than 2.5 times SLO REP’s largest annual audience to date. (Appendix A – SLO REP Economic Impact Report)
x Completion of this project would enable a tripling of participants in SLO REP’s educational programming within two years. The Academy of Creative Theatre (ACT) serves children and teenagers 35 weeks a year with afterschool activities, summer camps, workshops and other enriching curriculum not readily available in local schools. In our current facilities, ACT has served 300 students annually regardless of their ability to pay. Since at least 2013, ACT programs have been at capacity with long waiting lists. We have heard from dozens of parents that ACT gave their children a focus and purpose that changed their lives.
SAN LUIS OBISPO REPERTORY THEATRE y CHALLENGE GRANT REQUEST x The Council’s Major City Goals states that all city actions “will be viewed through the lens of the City’s sustainability and DEI efforts.” Toward that goal, this project’s facilities – stages, rehearsal space and classrooms – will provide much-needed space for SLO REP and other nonprofits to present multicultural programming and other activities related to diversity, equity and inclusivity (DEI) at very low cost.
x With completion of the SLO REP project, the City will own a state-of-the-art theatre, with the private sector bearing the majority of the cost. This venue will be a community asset enjoyed by hundreds of thousands of residents and visitors for generations to come. x We share the belief expressed by Resonance, the City’s revitalization and futurist consultant, that the new SLO REP Theatre will bolster San Luis Obispo’s reputation as an exciting destination. And, as Resonance noted, the new theatre will help SLO remain strong compared to its competitive cities set, all of which feature attractive small to medium-scale performance venues.
x The relocation of SLO REP will make 888 Morro Street available for other civic uses.
A TIMELY CATALYST
We are at an opportune moment for this grant to be a most effective catalyst:
x The downtown core is undergoing fundamental change. Ensuring that we have a thriving cultural district will help keep downtown’s transformation on track. SLO REP will be a major anchor.
x The City has managed its resources so well throughout the pandemic that the one-time funds now available are enough to advance multiple long-lasting improvements for the community. x Groundbreaking for the garage is imminent. Construction plans for the garage and the theatre have always been inextricably linked in order to minimize costs and maximize aesthetics. x SLO REP has already raised more than half the goal initially agreed upon with the City, but several prospective donors want more assurance that success is achievable before they commit additional funds. This challenge grant would be a clear statement of City support, and would significantly boost our fundraising momentum.
We are confident SLO REP can raise $10.4 million in private money, which would be more than 70% of the total project cost, currently estimated at $14.3 million. (Appendix B – Capital Campaign Gift Range Chart and Timeline)
We are proud to have raised $5.6 million already. Several supporters have told us that they are especially committed to this project because they believe cultural experiences are a necessity if San Luis Obispo is to remain a vibrant community. This challenge grant, along with the City’s generous provision of a build-to-suit site, would ensure that the new SLO REP Theatre could open in 2027.
SAN LUIS OBISPO REPERTORY THEATRE y CHALLENGE GRANT REQUEST
DETERMINED TO SUCCEED
In 2015, initial design plans called for a three-story, 22,000-square-foot theatre that would be owned by the City and leased to SLO REP for 40 years. It was estimated that the building would cost $8 to $10 million, paid by private funds. It would house a 200-seat mainstage theatre, an additional 100- seat “black-box theatre,” rehearsal space, set-construction space, classrooms and offices.
In August 2021, an updated study estimated the project’s cost had ballooned to more than $18 million due to various delays. This price represents a per-square-foot cost that likely would set a record for downtown construction. This price is also beyond SLO REP’s fundraising capacity.
In grappling with this new reality, we were determined not to abandon the project. We challenged ourselves to identify creative options that would be less expensive, yet equally impactful.
SLO REP’S TWO-SITE PLAN
On December 8, 2021, the Board approved a “Two-Site Plan,” estimated to cost $14.3 million. (Appendix C – Two Site Capital Campaign Budget)
This plan presents a clear path toward completing an essential pillar of SLO’s cultural district at considerably less cost than $18 million. It also provides significantly more functionality and programming than the $18 million plan. Notably, it will enable SLO REP to exponentially expand its educational programming at least two years earlier than the original plan. SITE ONE – DOWNTOWN THEATRE
Adjacent to the Palm-Nipomo parking structure, SLO REP would construct an 11,000-squarefoot, single-story venue containing two performance spaces:
1. A main theatre with at least a 205-seat capacity (compared to the current 100-seat capacity) and a larger stage than the current Morro Street venue. The added stage space, and a fully outfitted lighting grid and tech booth, would give SLO REP more flexibility in its choice of shows, and enable larger casts and expanded scenic elements with state-of-the-art acoustics and lighting.
2. A “black-box theatre” for staged readings and innovative works, with seating of up to 99 seats. This flexible space will double as rehearsal space and provide opportunities for new playwrights and up-and-coming actors.
Our team has been working closely with City staff, and we expect this revised design will substantially conform to the current entitlements.
SITE TWO – 3353 EMPLEO STREET
On the site of the former 10,000-square-foot headquarters of People’s Self-Help Housing, SLO REP would:
o House administrative offices, set-construction facilities, costume storage and activities needed to produce plays downtown.
o Expand SLO REP’s Academy of Creative Theatre (ACT) educational programming almost immediately. With the additional classroom and rehearsal spaces, SLO REP could more than triple the number of participants (from 300 to 1,000) by 2024, with room to grow thereafter if demand continues on its current trajectory.
SAN LUIS OBISPO REPERTORY THEATRE y CHALLENGE GRANT REQUEST SLO REP has entered into an agreement to acquire the Empleo site from People’s Self-Help Housing, subject to contingencies. SLO REP’s intended usage at Empleo conforms to SLO City zoning requirements, according to preliminary review by City staff.
POSITIVE DONOR REACTION
Since the SLO REP Board’s decision on December 8, 2021, to move forward with the Two-Site Plan, all major donors have been briefed, and all have reacted with enthusiasm. Several donors have pledged additional major gifts as a way of demonstrating their commitment to meeting the anticipated terms of a challenge grant. They see investment in SLO REP as an investment in our community’s future.
As a result, the SLO REP Board remains confident in our ability to raise $10.4 million. The Board also has reviewed and reaffirmed its confidence in the staff’s projected operating plans once the project is completed. (Appendix D – SLO REP Annual Operating Budget 2027-2028)
NEXT STEPS
If the City Council supports this request, among the next steps will be lease and challenge grant discussions, substantial determination on the original entitlements, and corresponding revision to SLO REP’s current Exclusive Negotiating Agreement with the City.
HITTING THE MARK
Good actors know how to “hit their marks” – to be in the right place at the right time to deliver their lines with impact.
This project hits the mark for SLO REP. Completion will be a major step toward realizing our ambitious vision to become a nationally recognized regional theatre.
The project also hits the mark for the City at a time when the downtown core is undergoing fundamental change. Completion of the new SLO REP Theatre will enhance downtown SLO as a center for the community’s cultural and social life, a role deeply rooted in the City’s history and values, and reflected in several City policy documents. With more than 70% of the project’s funding coming from private donors, the City will have a community asset to be used and enjoyed for decades to come.
In short, a professional performing arts organization thriving in the heart of a vibrant downtown will burnish San Luis Obispo's reputation as a great city to live, work and play.
Thank you for your support and consideration. We look forward to celebrating with you in 2027.
Sincerely,
Pam Nichter Kevin Harris
President, Board of Directors Managing Artistic Director
APPENDIX A:
SLO REP Economic Impact Report
APPENDIX A: SLO REP Economic Impact Report
San Luis Obispo Repertory Theatre’s Board of Directors is unanimously committed to raising at least $10 million to build a new performing arts venue, which will be comprised of a 200+ seat mainstage theatre and a 99-seat “black box” theatre. The Board fully appreciates the value of the City’s offer to provide a site within the proposed Palm-Nipomo-Monterey parking structure for a new theatre, and expects to conclude a mutually satisfactory lease arrangement with the City.
This new theatre will mark an important milestone in SLO REP’s mission to become a nationally recognized regional theatre, producing a full season of plays on each of our two stages, effectively programming two full seasons every year of new and classic plays and musicals, alongside groundbreaking original works. In addition, our educational programming will greatly extend its reach. As the anchor to the City’s long-envisioned Cultural District, SLO REP will reinforce the perception of downtown SLO as a vibrant destination, contributing to growth in tourism and economic vitality. SLO REP’s 75-year history in the City, and its nearly three decades in the downtown core, make SLO REP an integral, historic and authentic part of downtown SLO’s character.
SLO REP has steadily – and credibly – been preparing for raising these funds for more than a decade. In the past 10 years, SLO REP has undergone a significant transformation from a community volunteer theatre that teetered on the edge of fiscal failure into a fully professional theatre that has operated in the black every year, and now has almost a year’s operating funds in reserve.
As a result of these efforts, SLO REP during the quiet phase of its capital campaign has raised $5.6 million in cash and pledges toward its $10.34 million capital campaign goal. Several prospective major-gift donors are in the wings, awaiting more certainty that the City will proceed with the project. We are optimistic that once the City breaks ground on the site, these donors will step forward, and SLO REP will be able to launch the public phase of the campaign with more than 65% of the target already in hand.
SLO REP’s larger, state-of-the-art venue will enable a consistently higher artistic quality that will contribute to activating the downtown core by attracting new audiences – both residents and visitorValike – and by providing a viable and vibrant alternative to downtown SLO’s current entertainment offerings, dominated by restaurants and college-student bars.
In its first full season of operations (2028-2029), the new SLO REP theatre will host 324 performances annually, Wednesday through Sunday. There will be additional weekday, weeknight and late-night entertainment, providing a diverse portfolio of entertainment offerings for residents and visitors aVwellas more pedestrian traffic during the day. The Academy of Creative Theatre, SLO REP’s year-round education program, will more than double in size, welcoming more than 1,000 young artists to after- school classes, summer camps, and youth productions.
ECONOMIC IMPACT
In projecting SLO REP’s economic impact, we drew from the most recent research on San Luis Obispo County arts patrons’ spending conducted by Americans for the Arts. These national and regional studiesare usually completed every five years. However, COVID has delayed the FY 2020 report, so we are relying on the FY 2015 report, as well as on our own patron data from our last full season pre-COVID (2018-19.)
According to the FY 2015 report, excluding the price of admission to the event, arts and cultural audiences in SLO County spent an additional:
Category of Event-Related Expenditure Resident Non-Resident Attendees Attendees
Meals and Refreshments $13.86 $20.99
Souvenirs and Gifts $5.73 $3.78
Ground Transportation $1.83 $7.69
Overnight Lodging (one night only) $0.79 $32.28
Other/Miscellaneous $1.16 $2.74
Average Event-Related Spending Per Person $23.37 $67.48 Adjusting for inflation since 2015 using the latest Consumer Price Index (August 2021) rate the adjusted average event-related spending per person increases 15.4% to $26.97 for Residents, and $77.89 for Non-residents in 2021 dollars.
Based on the data from SLO REP’s last full season (FY 19) the demographic breakdown of that year’s18,397 patrons:
SLO County residents: 89%
Non-SLO County residents: 11%
In our planned new venue (master
calendar attached), SLO REP will
produce 324 individual performances
during our first full season (FY 29),
potentially bringing 48,600 patrons to the
downtown core in a 200-seat mainstage
theatre, and up to 56,700 patrons in a
250-seat mainstage theatre.
e
Using the inflation-adjusted resident and non-resident patron spending averages from 2015 (adjusting for 2021), and applying a 1.7 Economic Impact Multiplier after consulting with Dr. Cyrus Ramezani, Chair of the Cal Poly Orfalea College of Business Finance Area who has conducted economic impact research on the Central Coast, SLO REP projects that the new venue will result in the following direct spending in downtown SLO:
As SLO REP expands its offerings after its inaugural season, we project that the share of non-residentSatrons will increase to about 25% of our overall audience within three years, doubling the direct spending figures from non-county residents.
PROJECTED PARKING REVENUE
Based on:
x 2021 parking structure fees
x Average time spent at performance/lobby pre-show: 2.75 hrs x Average time spent at pre-show meal/drinks/downtown: 2.5 hrs x 95% capacity in venue
x 2 patrons per car
According to a 2014 survey of SLO REP patrons:
x 67% of SLO REP audiences go to dinner/drinks before or after show (5 hrs in garage) x 28% of SLO REP audiences only attend the performance (2 hrs in garage) x 5% of SLO REP audience uses alternate transportation/free parking MAINSTAGE PARKING REVENUE:
$93,493/yr, or $577 per performance.
BLACK BOX PARKING REVENUE:
$37,397/yr, or $230 per performance.
EMPLOYMENT
Based on our current calendars, SLO REP projects the following payroll breakdowns for our year-round Exempt and Non-Exempt employees in FY 29:
F/T
(Exempt)
Total
Employee Position FTE
P/T (NonExempt)P/d (NonExempt)Total Emp.
Payroll
>20 hrs/wk <20 hrs/wk
Artistic Director $95,000 1
Managing Director $70,000 1
Development Director $70,000 1
Development Assistant $25,000 0.5
Marketing Director $60,000 1
Education Director $60,000 1
Education Assistant/Outreach $25,000 0.5
Production Manager $60,000 1
Technical Director $60,000 1
Assistant Technical Director $12,500 0.25
Volunteer Director/House Mgr $27,500 0.75
Box Office Manager $20,000 0.5
Facilities Director $12,500 0.25
Costume Shop Coordinator $7,500 0.25
Assistant House Manager 1 $5,500 0.25
Assistant House Manager 2 $5,500 0.25
Assistant House Manager 3 $5,500 0.25
Assistant House Manager 4 $5,500 0.25
Box Office Staff 1 $4,000 0.25
Box Office Staff 2 $4,000 0.25
Scene Shop Crew 1 $10,000 0.25
Scene Shop Crew 2 $10,000 0.25
TOTALS $475,000 $97,500 $82,500 12 $655,000
Based on our current calendars, SLO REP projects the following payroll breakdowns for our show-specific artist contracts in FY 29:
Artist Position Average # of
Contracts
Total Total FTE
Contract
Total
Each
Season
Payroll Hours
Director (Mainstage) $3,500 8 $28,000 1,200 0.58
Director (Black Box) $2,750 5 $13,750 750 0.36
Director (ACT Show) $2,800 2 $5,600 400 0.19
Director (Staged Reading) $300 5 $1,500 175 0.08
Actor (Mainstage) $2,500 50 $125,000 11,250 5.41
Actor (Black Box) $2,000 30 $60,000 6750 3.25
Musical Director $2,500 8 $20,000 400 0.19
Choreographer (Mainstage) $2,500 4 $10,000 200 0.10
Choreographer (Black Box) $2,250 2 $4,500 100 0.05
Choreographer (ACT) $1,750 1 $1,750 75 0.04
Tech Crew (Mainstage) $750 40 $30,000 5000 2.40
Tech Crew (Black Box) $500 26 $13,000 3250 1.56
Lighting Designer (Mainstage) $2,250 8 $18,000 320 0.15 Lighting Designer (Black Box) $1,500 5 $7,500 200 0.10
Lighting Designer (ACT) $750 2 $1,500 80 0.04
Costume Designer (Mainstage) $1,750 8 $14,000 1200 0.58 Costume Designer (Black Box) $1,250 5 $6,250 500 0.24
Costume Designer (ACT) $500 2 $1,000 150 0.07
Sound Designer (Mainstage) $800 8 $6,400 400 0.19
Sound Designer (Black Box) $600 5 $3,000 250 0.12
Sound Designer (ACT) $500 2 $1,000 100 0.05
Musicians (Mainstage) $1,750 5 $8,750 875 0.42
Musicians (Black Box) $1,500 3 $4,500 525 0.25
Props Design (all) $300 16 $4,800 640 0.31
TOTALS $37,550 250 $389,800 34,790 16.73
The total estimated employment impact for our 2028-29 inaugural season:
Total number of positions hired: 277
Total payroll: $1,044,800
Total FTE per year: 28.73
DOWNTOWN CORE ACTIVATION
SLO REP’s audience drawing power is often underestimated, its full impact often lost amid the fanfare accorded other performing arts events. Other arts organizations have several big events during the year that, rightfully so, command attention in the local media. SLO REP, on the other hand, provides a steadyyear-round calendar of programming. We are like the great TV show that people tune into weekly, in relatively large numbers, versus the summer blockbuster that people rush to see before it’s gone.
For perspective:
- In SLO REP’s current 100-seat venue, nearly 20,000 patrons buy tickets to attend SLO REP’s annual 200 performances. These totals are greater than the total audiences for San Luis Obispo Symphony, Opera SLO, Festival Mozaic, and the Civic Ballet combined. - The most popular national touring shows at the PAC rarely sell out two performances, totaling a maximum of 2,572 patrons. SLO REP’s annual gala and season musical productions regularly bring in more than 3,000 patrons over the course of the run. - In the new venue, SLO REP plans to produce 324 performances each season, Wednesday- Sunday, on 176 days of the year. These performance and audience projections do not includefoot traffic from our year-round Academy of Creative Theatre program or special, non-season events throughout the year.
AN EFFICIENT CATALYST
By bringing hundreds of patrons downtown on nearly half the days of the year, SLO REP provides an efficient and significant catalyst activating the downtown core. SLO REP will prove to be a bright shining beacon, attracting new visitors and residents alike to San Luis Obispo who want to experience distinctivelive performances available nowhere else in the frequency and quality than can be seen on SLO REP’s new stage.
Master Schedule
July 1, 2028-June 30, 2029
MAINSTAGE THEATRE (250 SEATS)
SHOW # OF PERF TOTAL SEATS SUBSCRIPTIONS COMPS SINGLE TICKETS MAINSTAGE #1 18 4,500 1,000 200 3,300
MAINSTAGE #2 18 4,500 1,000 200 3,300
MAINSTAGE #3 18 4,500 1,000 200 3,300
HOLIDAY 29 7,250 200 7,050
GALA #1 18 4,500 200 4,300
MAINSTAGE #4 18 4,500 1,000 200 3,300
MAINSTAGE #5 18 4,500 1,000 200 3,300
GALA #2 25 6,250 200 6,050
TOTALS 162 40,500 5,000 1,600 33,900
MAINSTAGE THEATRE (200 SEATS)
SHOW # OF PERF TOTAL SEATS SUBSCRIPTIONS COMPS SINGLE TICKETS MAINSTAGE #1 18 3,600 1,000 200 2,400
MAINSTAGE #2 18 3,600 1,000 200 2,400
MAINSTAGE #3 18 3,600 1,000 200 2,400
HOLIDAY 29 5,800 200 5,600
GALA #1 18 3,600 200 3,400
MAINSTAGE #4 18 3,600 1,000 200 2,400
MAINSTAGE #5 18 3,600 1,000 200 2,400
GALA #2 25 5,000 1000 200 3,800
TOTALS 162 32,400 6,000 1,600 24,800
BLACK BOX THEATRE (100 SEATS)
SHOW # OF PERF TOTAL SEATS SUBSCRIPTIONS COMPS SINGLE TICKETS ACT #1 16 1,600 150 1,450
UBU #1 4 400 100 10 290
BLACK BOX #1 16 1,600 400 150 1,050
UBU #2 4 400 100 10 290
BLACK BOX #2 16 1,600 400 150 1,050
UBU #3 4 400 100 10 290
BLACK BOX #3 16 1,600 400 150 1,050
UBU #4 4 400 100 10 290
ACT #2 16 1,600 150 1,450
UBU #5 4 400 100 10 290
BLACK BOX #4 16 1,600 400 150 1,050
UBU #5 4 400 100 10 290
BLACK BOX #5 16 1,600 400 150 1,050
PIANO BAR/CAB 26 2,600 2,600
TOTALS 162 16,200 2600 1,110 9,890
TOTAL PERFORMANCE BREAKDOWN
July 1, 2028-June 30, 2029
Total # Mainstage Performances 162
Total # Black Box Performances 162
Total # Venue Performances 324
Total # of Mainstage WEEKEND Dates 65
Total # of Mainstage WEEKDAY Dates 53
Total # of Mainstage Performance Dates 118
Total # of Black Box Weekend Dates 56
Total # of Black Box Weekday Dates 56
Total # of Black Box Performance Dates 112
Total # of Venue Performances Dates* 176
* Saturdays and Sundays have two shows scheduled (2 PM and 7 PM).
There are also several dates that have two performances scheduled concurrently in both the Mainstage and Black Box Theatre. * These totals only include scheduled, ticketed performances. They do not includefoot traffic and direct downtown core spending from our nonticketed year-round Academy of Creative Theatre program.
The Economic Impact of Nonprofit Arts and
Cultural Organizations and Their Audiences in
San Luis Obispo County, CA (Fiscal Year 2015)
Direct Economic Activity
Arts and Cultural
Organizations + Arts and Cultural
Audiences = Total Industry
Expenditures
Total Industry Expenditures $13,693,022 $14,029,567 $27,722,589 Economic Impact of Spending by Arts and Cultural Organizations and Their Audiences Total Economic Impact of Expenditures
Economic Impact of
Organizations + Economic Impact of
Audiences = Total
Economic Impact
Full-Time Equivalent (FTE) Jobs Supported 543 373 916
Household Income Paid to Residents $9,527,000 $7,315,000 $16,842,000 Revenue Generated to Local Government $507,000 $594,000 $1,101,000 Revenue Generated to State Government $632,000 $1,018,000 $1,650,000 Event-Related Spending by Arts and Cultural Audiences Totaled $14 million (excluding the cost of admission) Attendance to Arts and Culture Events
Resident1
Attendees + Nonresident1
Attendees = AllCultural Audiences
Total Attendance to Arts and Culture Events 381,226 75,879 457,105 Percentage of Total Attendance 83.4% 16.6% 100.0%
Average Event-Related Spending Per Person $23.37 $67.48 $30.67 Total Event-Related Expenditures $8,909,252 $5,120,315 $14,029,567 Nonprofit Arts and Cultural Event Attendees Spend an Average of $30.67 Per Person (excluding the cost of admission) Category of Event-Related Expenditure
Resident1
Attendees
Nonresident1
Attendees
All
Cultural Audiences
Meals and Refreshments $13.86 $20.99 $15.04
Souvenirs and Gifts $5.73 $3.78 $5.41
Ground Transportation $1.83 $7.69 $2.80
Overnight Lodging (one night only) $0.79 $32.28 $6.00
Other/Miscellaneous $1.16 $2.74 $1.42
Average Event-Related Spending Per Person $23.37 $67.48 $30.67 Source: Arts & Economic Prosperity 5: The Economic Impact of Nonprofit Arts and Cultural Organizations and Their Audiences in San Luis Obispo County. For more information about this study or about other cultural initiatives in San Luis Obispo County, visit ARTS Obispo’s web site at www.sloartscouncil.org. Copyright 2017 by Americans for the Arts (www.AmericansForTheArts.org). Page 195 of 1208 Page 14 About This Study
This Arts & Economic Prosperity 5 study was conducted by Americans for the Arts to document the economic impact of the nonprofit arts and culture industry in 341 communities and regions (113 cities, 115 counties, 81 multicity or multicounty regions, 10 states, and 12 individual arts districts)—representing all 50 U.S. states and the District of Columbia. The diverse communities range in population (1,500 to more than 4 million) and type (small rural to large urban). Project economists from the Georgia Institute of Technology customized an input-output analysis model for each participating region to provide specific and localized data on four measures of economic impact: full-time equivalent jobs, household income, and local and state government revenue. These localized models allow for the uniqueness of each local economy to be reflected in the findings.
Americans for the Arts partnered with 250 local, regional, and statewide organizations that represent the 341 study regions (30 partners included multiple study regions as part of their participation). To complete this customized analysis for San Luis Obispo County, ARTS Obispo joined the study as one of the 250 partners.
Surveys of Nonprofit Arts and Cultural ORGANIZATIONS
Each of the 250 partner organizations identified the universe of nonprofit arts and cultural organizations that are located in its region(s) using the Urban Institute’s National Taxonomy of Exempt Entity (NTEE) coding system, a definitive classification system for nonprofit organizations recognized as tax exempt by the Internal Revenue Code. In addition, the study partners were encouraged to include other types of eligible organizations if they play a substantial role in the cultural life of the community or if their primary purpose is to promote participation in, appreciation for, and understanding of the visual, performing, folk, and literary and media arts.
These include government-owned or government-operated cultural facilities and institutions; municipal arts agencies and councils; private community arts organizations; unincorporated arts groups; living collections (such as zoos, aquariums, and botanical gardens); university presenters, programs, and facilities; and arts programs that are embedded under the umbrella of a nonarts organization or facility (such as a hospital or church). In short, if it displays the characteristics of a nonprofit arts and cultural organization, it is included. For-profit businesses (e.g., Broadway, motion picture theaters) and individual artists were excluded from this study.
Nationally, data was collected from a total of 14,439 organizations for this study. Response rates among all eligible organizations located in the 341 study regions was 54.0 percent, and ranged from 9.5 percent to 100 percent. Responding organizations had budgets ranging from $0 to $785 million (Smithsonian Institution). It is important to note that each study region’s results are based solely on the actual survey data collected. There are no estimates made to account for nonresponding organizations. Therefore, the less-than-100 percent response rates suggest an understatement of the economic impact findings in most of the individual study regions.
In San Luis Obispo County, 28 of the 61 eligible nonprofit arts and cultural organizations participated in this study—an overall participation rate of 45.9 percent. A list of the participating organizations can be obtained from ARTS Obispo.
Surveys of Nonprofit Arts and Cultural AUDIENCES
Audience-intercept surveying, a common and accepted research method, was completed in all 341 study regions to capture information about spending by audiences at nonprofit arts and culture events. Patrons were selected randomly and asked to complete a short survey while attending an event. A total of 212,691 attendees completed the survey. The respondents provided itemized travel party expenditure data on attendance-related activities such as meals, souvenirs, transportation, and lodging. Data was collected throughout the year to guard against seasonal spikes or drop-offs in attendance, and at a broad range of events (because a night at the opera will typically yield more spending than a Saturday children’s theater production). Using total attendance data for 2015 (collected from the participating organizations), standard statistical methods were then used to derive a reliable estimate of total arts event-related expenditures by attendees in each study region.
In San Luis Obispo County, a total of 918 valid audience-intercept surveys were collected from attendees to nonprofit arts and cultural performances, events, and exhibitions during 2016.
Studying Economic Impact Using Input-Output Analysis
To derive the most reliable economic impact data, input-output analysis was used to measure the impact of expenditures by nonprofit arts and cultural organizations and their audiences. This highly-regarded type of economic analysis has been the basis for two Nobel Prizes in economics. The models are systems of mathematical equations that combine statistical methods and economic theory in an area of study called econometrics. The analysis traces how many times a dollar is respent within the local economy before it leaves the community, and it quantifies the economic impact of each of those rounds of spending. Project economists customized an input-output model for each of the 341 participating study regions based on the local dollar flow among 533 finely detailed industries within its economy. This was accomplished by using detailed data on employment, incomes, and government revenues provided by the U.S.
Department of Commerce (County Business Patterns, the Regional Economic Information System, and the Survey of State and Local Finance), state and local tax data (e.g., sales taxes, lodging tax, property taxes, income tax, and miscellaneous local option taxes), and the survey data collected from the responding arts and cultural organizations and their audiences. 1 For the purpose of this study, residents are attendees who live within San Luis Obispo County; nonresidents live elsewhere.
A comprehensive description of the methodology used to complete the national study is available at www.AmericansForTheArts.org/EconomicImpact. Page 196 of 1208 Page 15 APPENDIX B:
Capital Campaign
Gift Range Chart and Timeline
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San Luis Obispo Repertory Theatre
Challenge Grant Request • January 2022
APPENDIX B: Capital Campaign Timeline
Leadership Phase
• Enlist Planning Committee
• Case for Support
• Donor Recognition Plan
• Timeline & Policies
• Board Approval of Plan & Policies
• Hire Capital Campaign Coordinator
• Solicit Board Gifts & Pledges
• Establish Lead Gifts Committee
• Establish Steering Committee
• Engage with Potential Lead Donors
• Establish Advisory Council
Quiet Campaign
• Cultivation & Solicitation of Major Gifts
• Gain City Approval of Project
--Architectural Review Committee
--Cultural Heritage Committee
--Planning Commission
--City Council
• Design/Development
• Establish Advisory Council
• COVID SHUTDOWN
• $ RAISED DEC 2021: $5,600,000
Public Campaign
• January 2024: Public Campaign
Launches (80-85% of overall goal)
• Campaign for broad-base gifts (online
campaign to engage entire community)
• Continue donor stewardship outreach
& activities/events
• Celebrate Success: Highlight major
donors; stage major campaign events
• 35 0HGLD&DPSDLJQNLFNVRႇ
• Parking Structure Complete!
• $GOAL DEC 2024: $10,
Grand Opening!
Feb 2027: First show opens!
$SU
$QQRXQFHSODQVIRU¿UVW
full season at the new SLO REP!
2027-2028 • 81st Season
February 19, 2019: First meeting of
Campaign Steering Committee
July 2018: City Council approves
EIR for Palm/Nipomo Parking
Structure and adjacent SLO REP
theatre complex
February 5, 2019: City Council approves
contract with Watry Design for Parking
Structure design services.
December 4, 2018: City
Council approves SLO
REP ENA
Jan 25, 2018: First meeting of
Planning Committee
• August 19, 2019: Architectural Review Committee #1
• September 16, 2019: Architectural Review Committee #2 • September 23, 2019: Cultural Heritage Committee
• October 23, 2019: SLO Planning Commission
• November 12, 2019: Parking Structure &
SLO REP Theatre projects APPROVED!
JAN 2018–FEB 2019
• July 2020: Advisory Council established
• Sept 2020: Design & Development complete.
Plans submitted for full pricing study.
• April 2021: New budget total per pricing study
Construction & Follow Through
• 100% of Campaign Funds Pledged or
Received
• Begin Theatre Construction!
• July 2026: Farewell 888 Morro Street
Celebration Event
• July-December 2026:
--No Shows at Morro Street
--ACT Classes continue at Empleo
• November-December 2026:
--Complete physical transition
to new space
--Test equipment & systems
JAN 2025–DEC 2026
Feb 2025:
SLO REP vertical
construction begins!
JAN–JUN 2027
CELEBRATE!
MAR 2019–DEC 2021 JAN 2024–DEC 2024
December 2021:
Empleo Property
in Escrow
Mar 2020-Dec 2021
COVID-19 Shut-Down
Pre-Campaign
Planning
• Audience Survey
• Preliminary Designs
• Establish Campaign
Task Force
• Hire Campaign
Consultants
• Feasibility Study
• Strengthen organizational structure
• Re-Brand as SLO REP
2012–2017
Sept 2013:
1st Campaign Donation
Mar-July 2016:
Feasibility Study
June 2017:
Re-Brand as
SLO REP
Jan 2024: Public
&DPSDLJQ.LFN2ႇ
Dec 2026:
Theatre
COMPLETE!
JAN 2022–DEC 2023
Quiet Campaign & 2-Site Plan
• Pivot to 2-Site Plan with purchase of
Empleo Property
• Re-energize Fundraising
• Relocate ACT Program
• Hire Campaign Manager
• Create Campaign Video & Website
• Finalize lease with City
• City Construction begins on site
• Corporation/Foundation Cultivation
• $ GOAL DEC 2023: $8,870,000
Spring-Summer 2023:
City Site Prep & Construction
Dec 2024:
Palm/Nipomo
COMPLETE!
Follow Through (continued)
• Continue to CELEBRATE and thank
campaign contributors
• Finalize Donor recognition plaques,
walls, etc.
• Marketing & PR Campaign gears up for
grand opening - regional and national
recognition
CAMPAIGN TIMELINE
APPENDIX C:
Two-Site Capital Campaign Budget
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APPENDIX D:
SLO REP Annual Operating Budget
2027-2028
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Item 5h
Department: Public Works
Cost Center: 5101
For Agenda of: 4/19/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Gaven Hussey, Parking Services Manager
Alexander Fuchs, Parking Services Supervisor
SUBJECT: SECOND READING OF ORDINANCE NO. 1710 (2022 SERIES) AMENDING TITLE 10, CHAPTER 36 (STOPPING, STANDING AND
PARKING FOR CERTAIN PURPOSES OR IN CERTAIN PLACES), OF
THE SAN LUIS OBISPO MUNICIPAL CODE
RECOMMENDATION
Adopt Ordinance No. 1710 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 10, Chapter 36 (Stopping, Standing and Parking for Certain Purposes or in Certain Places), of the San Luis Obispo Municipal Code allowing for the issuance of Limited Daytime Use Permits in the Dana Street Parking District.”
DISCUSSION
On March 15, 2022, the City Council introduced Ordinance No. 110 (2022 Series), amending Title 10 Chapter 36 of the Municipal Code allowing for the issuance of Limited Daytime Use Permits to commercial properties on or immediately adjacent to Dana Street Parking District (Attachment A). The Municipal Code changes allowing for the issuance of such permits are outlined below:
Section 10.36.170 (Designation of preferential parking permit areas – Adoption of resolution)
Added language allowing for commercial properties on or immediately adjacent to Dana Street to be eligible to receive limited daytime use permits.
Section 10.36.200 (Limitations on parking in a preferential permit parking area) Added language establishing that limited daytime use permits are eligible for use in the Dana Street Parking District on hours and days set forth in the resolution that established the district.
Item 5h
Section 10.36.220 (Preferential parking permit – Issuance) Added language that qualifying commercial properties on or immediately adjacent to Dana Street are eligible to receive up to two permits per addressed unit.
City Council, at the same meeting, adopted a Resolution modifying the Dana Street Parking District to establish the days and hours in which the Limited Daytime Use Permits would be valid and to establish which commercial properties qualify to receive such permits.
Council also provided direction to staff to look into nighttime on-street parking usage on Dana Street for the possible inclusion of the multifamily complex with more than 8 units.
Staff anticipates completing the nighttime on-street survey within the next three months and will return to Council in Summer 2022.
Policy Context
The California Vehicle Code section 22507 allows local authorities to restrict or prohibit parking on certain streets except for permitted residents, merchants, and their guests.
The language of this Vehicle Code section has been interpreted to allow cities to establish parking districts exclusively for residents, businesses, or both. City Council has the authority to determine the number of parking permits issued per addressed unit, the days and hours that the permits are valid, and which type of properties are eligible to receive permits.
Public Engagement
A proposed Ordinance was brought before City Council on March 15, 2022, as a Public Hearing item for review and approval. There was public comment on the item prior to Council taking action on the item. Three of the four speakers were supportive of the issuance of Limited Daytime Use Permits and the fourth speaker requested that all multifamily properties on Dana Street be eligible to receive parking permits.
CONCURRENCE
The City’s Attorney’s office has reviewed the ordinance and determined that the amendments to the applicable Municipal code sections are within the authority of the City to enact and enforce.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
Item 5h
FISCAL IMPACT
Budgeted: Yes Budget Year: On-going
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available*
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Parking Fund
(611-5101-
61013)
$119,910 $1,500 $118,410 $200
Total $119,910 $1,500 $118,410 $200
*As of February 14, 2022
The Parking Fund’s current budget can accommodate one-time and on-going costs associated with the establishment and expansion of parking permit districts. The Fund receives multiple requests each year and staff has included an annual budget for establishing districts in the non-staffing operating expenditure line items.
The initial costs to implement a limited daytime use permit program is approximately $1,500 for the hangtag permits. The ongoing costs for the annual hangtag permits after the initial year will cost approximately $2.50 per permit when ordered for all districts. The cost of permits and staff time to administer the parking district program is largely offset by the annual permit cost of $20 per permit which generated approximately $35,000 in revenue in FY 2020-21.
ALTERNATIVES
Do not adopt the Ordinance at this time. Staff does not recommend this alternative because the City Council has already approved the introduction of the Ordinance and approved a Resolution modifying the Dana Street Parking District for the Limited Daytime Use Permits.
ATTACHMENTS
A – Ordinance No. 1710 (2022 Series)
O 1710
ORDINANCE NO. 1710 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 10, CHAPTER 36
(STOPPING, STANDING AND PARKING FOR CERTAIN PURPOSES OR
IN CERTAIN PLACES), OF THE SAN LUIS OBISPO MUNICIPAL CODE
ALLOWING FOR THE ISSUANCE OF LIMITED DAYTIME USE PERMITS
IN THE DANA STREET PARKING DISTRICT
WHEREAS, California Vehicle Code section 22507 provides cities the authority to restrict stopping, standing, or parking of vehicles on certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the street for their use and the use of their guests; and
WHEREAS, the City of San Luis Obispo’s Municipal Code contains sections detailing the formation process for preferential parking permit districts within city limits; and
WHEREAS, on January 14, 2020, the Council of the City of San Luis Obispo conducted a public hearing with a 4-0-1 vote to approve the establishment of a preferential parking permit district in the Dana Street area; and
WHEREAS, on March 2, 2021, the Council of the City of San Luis Obispo conducted a public hearing with a 3-1-1 vote to approve the expansion of the existing preferential parking permit district in the Dana Street area to the entire block and to allow multi-family properties of up to eight units to receive parking permits; and WHEREAS, the City has received correspondence from commercial properties adjacent to the preferential parking permit district in the Dana Street area requesting approval to be issued daytime use permits in support of their business operations; and WHEREAS, the Council of the City of San Luis Obispo received a staff report which indicated that limited daytime use through the issuance of daytime parking permits for businesses immediately adjacent to Dana Street would not generate damand that exceeds parking supply on Dana Street.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Section 10.36.170 (designation of residential parking permit areas – Adoption of resolution) of the San Luis Obispo Municipal Code is hereby amended to read as follows:
Ordinance No. 1710 (2022 Series) Page 2
O 1710
10.36.170 Designation of preferential parking permit areas—Adoption of resolution.
A. The council should, by resolution, designate an area of the city as a preferential parking permit area if the council finds that:
1. The streets in the area do not provide for paid parking controlled and regulated by the city as set forth in Chapter 10.52;
2. The streets in the area are congested with vehicles parked by persons not residing or working in the area and the designation is supported by a sixty percent majority of the affected addressed units as indicated by a city survey of the affected addressed units; or
3. Limiting the parking of vehicles along the streets in the area to vehicles registered or controlled and exclusively used by persons residing in an area or working in the area is necessary in order to preserve the character and to manage parking demand of the existing area approved by a sixty percent majority of addressed units in the area. Addressed units will be determined using the city’s address database (there may be more than one addressed unit per parcel) and will be limited to either commercial units or residential units, including non-multifamily units of less than five dwelling units with the exception of the preferential parking permit district on Dana Street which will allows for the following modifications:
i. Multifamily units of five to eight dwelling units to be eligible to receive permits. This exception will be in effect until the completion of construction of the Palm-Nipomo parking structure or until nullified by city council action. ii. Commercial properties located on or immediately adjacent to Dana Street to be eligible to receive limited daytime use permits.
B. In determining whether limiting the parking of vehicles along the streets in the area to vehicles registered to or controlled and used exclusively by persons residing or working in the area is necessary in order to preserve the character of the existing area for the persons residing or working in the area, the council shall consider the negative effect of vehicles parked by persons not residing or working in the area on:
1. Environmental characteristics such as ambient noise levels and air pollution levels;
2. Pedestrian and vehicular traffic safety in the area; and
3. The burden on persons residing or working in the area gaining access to their residences or places of employment.
Ordinance No. 1710 (2022 Series) Page 3
O 1710
C. The council may, by resolution, designate an area of the city as a preferential parking permit area after holding a public hearing and making a finding that the establishment of the district represents the desire of a majority of the addressed units of the area. (Ord. 1694 § 1, 2021; Ord. 1454 § 1, 2004: Ord. 1412 § 2 (part), 2002; Ord. 1264 § 1, 1994: prior code § 3209.17) SECTION 2. Section 10.36.200 (Limitations on parking in a prefernential permit parking area) of the San Luis Obispo Municipal Code is hereby amended to read as follows:
10.36.200 Limitations on parking in a preferential permit parking area.
It is unlawful for any person to stop, stand, or park a vehicle on any street identified in a resolution adopted by the council designating a preferential permit parking area during the hours and on the days set forth in such resolution except:
A. Those vehicles described in Section 10.36.180 displaying a valid permit issued as provided for by Section 10.36.220 and parked within the street block in front of the addressed unit to which the permit is issued or within one adjoining district block; or
B. Any emergency vehicle, including, but not limited to, an ambulance, fire engine, or police vehicle; or
C. A vehicle with commercial plates which is under the control of a person, who does not reside within the district, providing service for hire to property located in the designated preferential permit parking area, including but not limited to a delivery vehicle. Such vehicles cannot be parked within the area for more than twenty-four consecutive hours; or
D. Vehicles displaying a limited daytime use permit parked in the Dana Street preferential parking district during the hours and on the days set forth in the resolution that established the district; or
E. Preferential permit parking area occupants wishing to sponsor guests which will exceed the number of parking permits available may contact the city parking manager and request temporary permits. If the temporary exemption is granted by the parking manager, all vehicles which have as their destination a qualified preferential permit address, shall display in clear view on the dashboard, written confirmation of the street address and date and time that the permit is valid. Issuance of sponsored guest permits shall be deemed infrequent occurrences and any regular requests for sponsored guest permits will not be authorized. This section shall not be interpreted to allow the daily parking of vehicles. Any vehicle not displaying the proper or authorized identification shall be subject to citation. (Ord. 1454 § 3, 2004: Ord. 1264 § 3, 1994: prior code § 3209.20)
Ordinance No. 1710 (2022 Series) Page 4
O 1710
SECTION 3. Section 10.36.220 (Preferential parking permit - Issuance) of the San Luis Obispo Municipal Code is hereby amended to read as follows:
10.36.220 Preferential parking permit—Issuance.
A. For preferential parking permits issued to residential properties, the director of public works, or their designee, will annually issue two preferential parking permits to the registered property owner, or the registered property owner’s representative, as authorized in writing, of each residential property shown with a unique number on the latest county of San Luis Obispo assessment roll within each residential preferential parking permit area established by resolution as set forth in Section 10.36.180. Qualified residential parcels that have multiple, separate addressed units shall be eligible to receive permits for each addressed unit, providing the total number of permits issued to one parcel does not exceed twice the number of residential dwelling units on the parcel.
B. For preferential parking permits issued to commercial properties, the director of public works, or their designee, will annually, issue any number of preferential parking permits, to the occupant of each property shown with a unique number on the latest county of San Luis Obispo assessment roll within each preferential parking permit area established by resolution as set forth in Section 10.36.180, with the exception of commercial properties immediately adjacent to the preferential parking district on Dana Street which qualify to receive up to two limited daytime use permits per addressed unit as set forth in the resolution that established that district. Qualified commercial parcels that have multiple, separate addressed units shall be eligible to receive any number of permits for each addressed unit.
C. All preferential parking permits, whether issued under subsection A or B, may be picked up in person at the office of the city parking manager or will be mailed to the address of the property on written request of the property owner.
D. All preferential parking permits, whether issued under subsection A or B, may be transferred by the occupant to any vehicle that is to be parked on the street and will be recognized by the city, providing they are displayed clearly. The parking permits shall be issued annually. Fees for parking permits shall be established by city council resolution. The permits shall be considered part of the occupancy of the property and shall be transferred to the new occupant upon sale of the property or upon lease of the property. New applicants must present proof of occupancy within the preferential parking district prior to permit issuance. (Ord. 1694 § 2, 2021; Ord. 1565 § 1, 2011: Ord. 1454 § 4, 2004: Ord. 1264 § 4, 1994: prior code § 3209.21)
Ordinance No. 1710 (2022 Series) Page 5
O 1710
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the city' s rules and regulations. It is the city' s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
SECTION 5. Environmental determination. These amendments to Title 10 Chapter 36 of the City of San Luis Obispo Municipal Code do not constitute a “Project” under CEQA Guidelines Sec. 15378.
SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 15th day of March, 2022, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2022, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington, City Clerk
City of San Luis Obispo, Council Memorandum Council Agenda Correspondence DATE: April 19, 2022
TO: Mayor and Council
FROM: Hans Poschman, Assistant to the City Manager
Greg Hermann, Deputy City Manager
VIA: Derek Johnson, City Manager
SUBJECT: Item #5i – 2022 Legislative Platform
Staff received feedback on the draft 2022 Legislative Platform (Packet Pages 231-252) and recommend the following minor changes to Attachment B of the Legislative Action Platform report.
Under the Economic Development section split item number 2 as follows:
1. Remaining in the Economic Development section:
a. Support regional economic activities except for those that promote weapons or fossil fuel production or distribution activities.
2. Moving to the Public Safety section:
a. Support programs and funding to remove unwanted firearms from homes and businesses.
Under the Parks and Recreation and Natural Resources section add the year after SB 375 in the 12th item (Packet Page 245):
1. Promote policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions, including: strengthening policies that fund parks, open-space, bike lanes and non-motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non-motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375 (2008).
Incorporate the addition of the following two planks to the Legislative Platform in the Utilities (Packet Page 247-248) section:
1. Support autonomy for management of individual Sustainable Groundwater Management Act designated basins within the county.
2. Support funding for implementation of Groundwater Sustainability Plans including the San Luis Obispo/Edna Valley Basin.
Legislative Action Platform-Minor Draft Amendments Page 2 Under the Utilities section move item 17 to the Energy Section: Support legislation eliminating departing load charges which discourage the use of alternative energy resources.
Item 5i
Department: Administration
Cost Center: 1001
For Agenda of: 4/19/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Hans Poschman, Assistant to the City Manager SUBJECT: 2022 LEGISLATIVE PLATFORM
RECOMMENDATION
1. As recommended by Council Members Marx and Shoresman, adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, establishing the City Legislative Action Platform for 2022 and appointing the Council Member and Staff Person to act as liaison between the City of San Luis Obispo and the League of California Cities”; and
2. Provide direction to staff on the scope and application of the legislative platform related to advocacy for non-legislative items or particular projects; and
3. Appoint the Mayor, City Attorney, and City Manager to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo.
DISCUSSION
Legislative Action Program
Attached for the Council’s consideration is a resolution establishing the City’s 2022 Legislative Action Platform. Similar resolutions have been adopted by the Council since 1993. The City Administration Department coordinates the Legislative Action Program with assistance from the Attorney’s Office and from various City departments, as appropriate.
This resolution authorizes staff to respond to legislative issues affecting the City (via letters signed by the Mayor or relevant Department Head), provided that the positions taken in the letters are consistent with the priorities identified in Exhibit A to the resolution (Attachment - A) and League of California Cities advocacy efforts.
By establishing a broad legislative platform and delegating responsibility to the Mayor and staff to respond to proposed legislation and recommendations from the League of California Cities, the City is better able to react quickly to changing circumstances and urgent requests than it would be if each item were brought to the Council at its regular meetings. The process is considered a best practice, has been efficient given the limited City resources available, and the City continues to be very active in communicating its positions on Federal and State legislation. In 2021, the City sent 14 letters pertaining to pending legislation utilizing the Legislative Action Platform.
Item 5i
During the January 18, 2022 City Council meeting the Council appointed Council Members Marx and Shoresman to an ad hoc committee to review the 2022 Legislative Platform. The ad hoc Committee met twice after Council Members reviewed the platform and suggested edits. The ad hoc committee made several changes to the platform that mostly expanded upon previous items in the platform. Additionally, they requested a new portion of the platform that would focus on Diversity, Equity, and Inclusion (DEI). The DEI section is made up of existing items from the platform as well as new items that are consistent with the Major City Goal for DEI.
Legislative Liaison Appointments
The League of California Cities encourages cities to appoint a council member and a staff person to act as legislative liaisons between the League and the City. As has been past practice, staff recommends that Mayor Erica A. Stewart act as the Council legislative liaison and the City Attorney and the City Manager serve as the staff liaisons.
Previous Council or Advisory Body Action
Similar resolutions have been adopted by the council since 1993 following the advice and example of other cities (1993 Staff Report).
Policy Context
The legislative platform is a tool to promote the efficient use of staff and Council time.
While not a new way of doing business, it is an existing practice, the purpose of which is to reduce time spent drafting, reviewing, and acting on Council agenda items, freeing time to work on other matters and ensuring the most timely and effective response to emerging issues. This year, the City will be providing a copy of the City’s Legislative Platform to Federal and State legislators and will be also sharing a copy with the County Board of Supervisors.
Public Engagement
This item is scheduled for the April 19, 2022 City Council meeting and will follow all required postings and notifications. The public may provide comment on this item at or before the meeting.
Item 5i
CONCURRENCE
In preparing this year’s draft platform, input was solicited from all City departments and several additions and clarifications were recommended. All changes, including language clean-ups and issue consolidations, are shown in the legislative draft of the 2022 Platform attached to this report (Attachment B). In addition to Council’s substantive direction on the platform, staff also is seeking direction as to the application of the platform to City positions on particular projects or applications that Council Members believe raise issues related to the platform. Historically, and as affirmed by the City Councils of the last two years, the platform has been utilized primarily to advocate for or against a particular piece of legislation and not for or against a particular project or permitting application (adjudicative acts before other jurisdictions’ legislative bodies). Staff continues to recommend that the scope be limited to legislative action, but again requests explicit direction from the council majority on that issue to ensure clarity in expectations moving forward.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: not applicable
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:
Total $ $ $ $
Because no additional staff work is anticipated as a result of this ongoing program, no new fiscal impact will be incurred that was not already included in the current budget appropriation.
Item 5i
ALTERNATIVES
The Council may wish to include other issues, not included in the current draft. However, it is important to note that the Legislative Action Platform allows the City to take action on any bills and other measures formally supported by the League of California Cities. It is staff’s recommendation that desired additions to the Platform are generally crafted and flexible to allow for quick responses to legislation important to cities.
ATTACHMENTS
A – Draft Resolution adopting the 2022 Legislative Platform B – 2022 Legislative Action Platform (Legislative Version)
R ____
RESOLUTION NO. _______ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING THE CITY LEGISLATIVE
ACTION PLATFORM FOR 2022 AND APPOINTING THE COUNCIL
MEMBER AND STAFF PERSON TO ACT AS LIAISON BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA CITIES WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action platform which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision-making processes directly affecting the City legislative priorities identified in Exhibit “A,” and other selected issues as may from time to time be recommended by the League of California Cities; and
WHEREAS, the City Council considered an update to the Legislative Action Platform on January 18, 2022 and formed an ad-hoc subcommittee consisting of Councilmember Marx and Shoresman to provide further review and changes in response to Council and public input; and
WHEREAS, a key component of the City’s Legislative Action Platform is face-to-face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby:
Resolution No. _____ (2022 Series) Page 2
Section 1. Establish the Legislative Action Platform for 2022 as set forth in the attached Exhibit “A” and authorize the Mayor and designated staff to take positions on legislation generally consistent with the Legislative Action Platform and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City; and
2. Appoint Mayor Erica A. Stewart to act as Council Member legislative liaison and City Manager Derek Johnson and City Attorney Christine Dietrick to act as staff legislative liaisons with the League of California Cities.
Upon motion of ____________________, seconded by ________________, and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______ 2022. ___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on _______________________. ___________________________
Teresa Purrington, City Clerk
EXHIBIT A
CITY OF SAN LUIS OBISPO
LEGISLATIVE ACTION PLATFORM
Adopted by City Council Resolution No. XX (2022 Series)
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The following document reflects those legislative matters on which the council majority authorizes the Mayor, City Manager and City Attorney to engage in legislative advocacy on behalf of the City without the need for further council review or authority. The council’s authorization extends only to advocacy for or against generally applicable legislative proposals being considered by local, regional, state and/or federal policy makers or regulators, as well as regional initiatives consistent with Major City Goals, and adopted City policy platforms, and does not otherwise extend to advocacy on any individual project or entitlement application pending before any decision-making body, unless specifically noted herein.
Contents
Climate Action...............................................................................................................................................3 Energy ...........................................................................................................................................................4 Diversity, Equity, and Inclusion .....................................................................................................................5 Homelessness Resources Advocacy..............................................................................................................6 Community Development.............................................................................................................................8 Economic Development..............................................................................................................................10 Finance........................................................................................................................................................11 Human Resources/Employee Relations......................................................................................................11 Public Safety................................................................................................................................................12 Public Works ...............................................................................................................................................14 Parks and Recreation and Natural Resources.............................................................................................14 Transportation ............................................................................................................................................16 Utilities........................................................................................................................................................17 County/Regional Priorities........................................................................................................................19 Central Coast Community Energy Policy Board and Operations Board Positions...............................20
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Climate Action
1. Supporting funding for communities to pay for public infrastructure that meets state greenhouse gas emission reduction goals and adopted City objectives.
2. Supporting funding to implement programs and related action items contained in local and regional Climate Action Plans to quantitatively reduce greenhouse gas emissions and advocateing for regulatory reform, including but not limited to clean technologies, micro-grids, all electric buildings, electrified transportation and behind the meter technology.
3. Supporting local communities’ broad authority to form and administer Community Choice Energy (CCE) programs, reforming the CPUC California Public Utilities Commission (CPUC), and limiting decisions that negatively impact CCEs or otherwise shift the financial impacts of investor-owned utilities to CCEs. (Moved to Energy)
4. Supporting California Community Choice Associations’ (Cal CCA) CCA’s) Regulatory and Legislative Platform, where consistent with the City’s legislative platform. (Moved to Energy)
5. Supporting regulatory reform for the transition to clean technologies, microgrids, low and zero carbon energy generation, and decarbonized buildings.
6. Supporting reform of CPUC policies to ensure investor-owned utilities are able and required to provide timely, accurate, and sufficiently detailed energy data. (Moved to Energy)
7. Supporting funding and resources to focus climate investments on programs and projects that support environmental justice, economic and racial equity, and head of household jobs.
8. Supporting reform of CPUC policies and state legislation that supports increased and equitable access to distributed energy resources, including rooftop solar. (Moved to Energy)
9. Supporting extended producer responsibility for packaging and single-use product manufacturing as to encourage source reduction and the manufacturing of reusable and sustainable products.
10. Supporting measures that make waste diversion and reduction more equitable for our residents and businesses.
11. Supporting legislation that makes recycling organic waste and edible food recovery and distribution more efficient and easily accessible to residents and businesses in need.
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Energy
1. Supporting local communities’ broad authority to form and administer Community Choice Energy (CCE) programs, reforming the CPUC California Public Utilities Commission (CPUC), and limiting decisions that negatively impact CCEs or otherwise shift the financial impacts of investor-owned utilities to CCEs. (Moved from Climate Action)
2. Supporting California Community Choice Associations’ (Cal CCA) CCA’s) Regulatory and Legislative Platform, where consistent with the City’s legislative platform. (Moved from Climate Action)
3. Supporting reform of CPUC policies to ensure investor-owned utilities are able and required to provide timely, accurate, and sufficiently detailed energy data. (Moved from Climate Action)
4. Supporting reform of CPUC policies and state legislation that supports increased and equitable access to distributed energy resources, including rooftop solar. (Moved from Climate Action)
5. Central Coast Community Energy Policy Board and Operations Board Positions (Moved from standalone category)1
a. Supporting environmental justice and economic equity. b. Supporting 3CE investment in and support for distributed energy resources (e.g., rooftop solar), demand response, behind the meter technology and energy efficiency. c. Supporting climate mitigation (e.g., emissions reductions), adaptation (e.g. distributed energy resources and grid stability), and resilience (e.g. disaster preparedness). d. Supporting the inclusion of all segments of the community in policy making and program design processes.
e. Supporting processes that are transparent, collaborative, visible, and accessible and inclusive. f. Supporting rate, rebate, and revenue structures that create a robust programs budget. g. Supporting a portfolio of programs that focuses on economic, social, and environmental equity.
h. Supporting a portfolio of programs that focuses on strategic and intentional long-term economic development consistent with sub-regional economic development approaches. i. Supporting regional climate action and a portfolio of programs that are strategically
1 The City Council approved the City joining Central Coast Community Energy (3CE) in September 2018 and City representatives have been seated on 3CE’s Policy Board, Operations Board, and Community Advisory Council since 2019. This section of the City’s Legislative Platform identifies City of San Luis Obispo policy positions on key topics that may come before the various boards and advisory bodies of 3CE. The policy positions contained herein are intended to guide Board member deliberation, and voting and staff review of agenda, but are not an exhaustive list of issues that may arise. These positions are intended to extend only to advocacy for or against generally applicable policy proposals being considered by 3CE and does not extend to advocacy on any individual project or entitlement application pending before any decision-making body, nor does it extend to the larger legislative platform of the City. The City Council is supportive of 3CE policy proposals:
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implemented to achieve regional climate targets.
j. Supporting a program design process that is transparent, collaborative, and inclusive. k. Supporting staffing required to effectively design, advertise, implement, and monitor effectiveness of the agency’s project portfolio.
l. Supporting local government access to data, transparent GHG emissions reporting, and subannual emissions factors as available. m. Support programs that provide funding, technical support, or legislation that promotes grid independence and resiliency.
n. Supporting processes and governance approaches that provide sufficient time for Board members to fully participate and drive decisions, from inception to implementation. o. Supporting projects that focus on strategic and intentional regional economic development consistent with regional economic development approaches, when feasible, and with entities that support fair wage practices and maximize benefit to local workforces, when feasible.
Diversity, Equity, and Inclusion
1. Support programs and policies to enhance diversity, equity, and inclusion initiatives and address systemic inequities that disproportionately impact Black, Indigenous, People of Color (BIPOC), LGBTQ+ , and other marginalized racial, ethnic, and faith-based communities.
2. Support programs and policies that disrupt anti-immigrant ideologies and center strategies for undocumented individuals’ health, well-being, and success.
3. Supporting education and employment opportunities and advancement of upward economic mobility and access to programs such as childcare, school’s family support networks and supportive services for people aging out of the foster care system. (Moved from Homelessness)
4. Supporting increased availability of grant funding for ADA accessibility improvements to streets, parks, and other public infrastructure.
5. Support the expansion of the safe harbor provisions of the California Voting Rights Act to include options other than district elections.
6. Support policies that protect voting rights and work to disrupt voter suppression tactics that disproportionately impact Black, Indigenous and other communities of color.
7. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission. (Moved from Community Development)
8. Support legislation and funding to increase affordable and equitable childcare services and options for working low-income families.
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Homelessness Resources Advocacy
1. Support legislation and funding for the prevention of homelessness and support of families and individuals vulnerable to becoming homeless.
2. Supporting funding for project-based, permanent affordable housing. Temporary Rapid Rehousing, Tiny Homes, Temporary Emergency Shelter Units and Private Market Landlords.
3. Support funding for the entire housing spectrum (including affordable units, ADUs, Tiny Homes, Temporary Emergency Shelters and family housing, and supportive housing for all homeless individuals and families including the mentally ill and aging adults).
4. Advocate for increased flexibility in the use of Federal Funds at the local level to address the full spectrum of services and transitional housing for individuals who are unhoused.
5. Support nonprofit eviction prevention services for low-income individuals and families.
6. Strong connections to landlords
7. Support programs and funding to encourage private market landlords to provide affordable units, participate in housing voucher programs and upgrade units for energy efficiency. are even more important in high-cost, low-vacancy markets, where affordable housing options are limited and even those with a voucher may find themselves unable to locate a unit.
8. Supporting additional funding that encourages unique multi-departmental and inter-governmental collaboration to assist individuals experiencing homelessness, such as the City’s Community Action Team (CAT) and Mobile Crisis Unit (MCU), as well as Crisis Intervention Training (CIT) for public safety personnel.
9. Supporting employment services and job training for individuals who are homeless or at-risk of becoming homeless.
10. Supporting funding for federal, state, county and local, non-profit and faith community’s coordination in preventing and ending homelessness.
11. Supporting funding for the removal and storage of homeless individual’s belongings and the cleaning of sites used by homeless groups unhoused residents.
12. Supporting funding and county programs that promote whole person care approaches that include access to expanded medical, mental, and behavioral health services, including substance use disorder treatment services, and new approaches to financing health care access and patient wellness to
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reduce avoidable emergency room visits, hospital stays and readmissions.
13. Supporting education and employment opportunities and advancement of upward economic mobility and access to programs such as childcare, school’s family support networks and supportive services for people aging out of the foster care system. (Moved to DEI)
14. Supporting increased funding and statutory authorization for crisis intervention, involuntary assessment and commitment, guardianship control, and health welfare intervention and supervision of those suffering from chronic homelessness, mental illness and addiction and recognition of mental illness and addiction as contributors to chronic homelessness.
15. Supporting streamlined protocols and metrics to be used by homeless service providers, local agencies, and other non-governmental partners to capture and share accurate statistics of individuals experiencing homelessness, including vacancy rates, in-flow and out-flow information, cost-reporting of services provided and rendered, and individuals successfully housed.
16. Opposeing legislation that seeks to circumvent local control and consideration of local circumstances and safety of the general public when addressing homelessness.
17. Supporting legislation that supports, programs, funding, court intervention, and statutory authorization for a unified crisis response system and enhances the ability of the County Behavioral Health Director, crisis response personnel, family members and social service providers to share information necessary for effective treatment interventions and to compel assisted outpatient treatment for a person exiting a conservatorship and those lacking capacity to provide for their own healthcare, shelter and food needs.
18. Supporting legislation that would allow the courts and crisis intervention personnel to consider a person’s medical, addiction and mental health conditions, history of adverse impacts on community health and safety, and capacity of individuals to provide for their own health, shelter and food needs in mandating program participation in connection with criminal justice and other contacts, including or expandsion of the definition of “gravely disabled” under code section 5150 et seq. and consider the impact on a court’s decision to certify them as a danger to themselves or others in evaluating whether an individual is a danger to themselves or others.
19. Supporting legislation for Mental Health Services Act (MHSA) to allow for flexibility in funds earmarked for “Innovation” programs that are aimed at finding new and different ways to provide services.
20. Supporting legislation, funding, programs and other policy considerations policies to help to expand funding for the capacity in local psychiatric health facilities, delivery of case management, drug, alcohol, and detoxification services and facilities, and mental health services for all County residents.
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21. Advocateing that the County lead in the area of expanding humane shelter and housing opportunities for the unhoused population, and expand outreach and case management services specifically tailored to the needs of homeless individuals in the County to transition out of homelessness.
22. Supporting the use of data from public safety, City, and regional Community Action Teams (CAT) and Mobile Crisis Units (MCU) outcomes, to advocate that the County allocate new resources to scale up these programs to match the need.
23. Supporting an effective and efficient update of the 10-Year Plan to End Chronic Homelessness that is action- oriented and focused on measurable, positive and realistic outcomes.
24. Support state and federal funding of mandates to provide care and services to vulnerable populations.
25. Support legislative efforts to repeal Article 34 of the California Constitution, which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project.
Community Development
1. Supporting local control of land use planning and zoning matters.
2. Supporting State and Federal assistance to prevent the loss of housing for those impacted by COVID19 local, state, or federal disasters.
3. Supporting reforms of the entire State mandated HCD Regional Housing Need Allocations process to recognize local resource limitations and align infrastructure and other funding to help communities meet mandated housing requirements.
4. Supporting funding of on-campus housing at Cal Poly for students, staff and faculty, and University acquisition of residences for staff and faculty housing.
5. Supporting increased funding for affordable housing and supportive housing services for very low, low, and moderate income individuals and/or families in all cities and communities and opposing the erosion of local inclusionary housing and in-lieu fee programs.
6. Supporting continued funding of National Housing Trust Fund and streamlined and efficient implementationing regulations at the state level.
7. Supporting additional state funding to implement AB 32 (The California Global Warming Solutions Act of 2006) and SB 375 (The Sustainable Communities and Climate Protection Act of 2008) through local
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general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed.
8. Advocate forPromoting funding for the identification, acquisition, maintenance and restoration of historic sites and structures.
9. Supporting continued andor expanded funding for the Community Development Block Grant (CDBG) program.
10. Supporting continued local control over mobile home park rent stabilization and local control over the conversion of mobile home parks to other uses. Encourage the amendment of Section 66427.5 of the California Government Code and other relevant law for the purpose of to ensuringe that low income mobile home park residents are not involuntarily removed from homes or otherwise subject to involuntary displacement due to economically impactsed oif parks are subdivision ded or conversionted.
11. Encourage the protection, enhancement and increased production of mobile home park residency opportunities
12. Resolving and addressingPromote resolving regulatory or financial barriers to implement AB 811 property-assessed clean energy districts.
13. Encourageing continued viability and expansion of inclusionary housing provisions and avoidance of conflicts with Costa-Hawkins Act.
14. Advocate for the ability to issue Enabling the issuance of parking citations on private property.
15. Advocating full funding for services and transitional housing for individuals who are unhoused, including providing more flexibility in the use of Federal funds on the local level to address housing.
16. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission. (Moved to DEI)
17. Supporting responsible review and revision of CEQA to ensure sound environmental determinations.
18. Promoteing pragmatic and clarifying actions to implement Proposition 64 Cannabis legalization, including increased funding for health education, the preservation of local land use decision making, reconciliation of conflicts in state and federal law, and systems for legal banking.
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Economic Development
1. Supporting state and federal assistance for those people and businesses facing severe economic losses due to the COVID-19 pandemic or other disasters.
2. Supporting regional economic development support programs and funding to remove unwanted firearms from homes and businesses. Support regional economic activities except for those that promote weapons or fossil fuel production or distribution activities. , expressly excluding support for weapons production or distribution activities and fossil fuel production or distribution activities.
3. Supporting direct assistance and/or legislation that supports local agencies with recovering costs related to the COVID-19pandemic or other disasters and stimulate economic development, resiliency, and recovery.
4. Supporting funding and/or legislation using tax credits or other incentive programs to encourage research and development by businesses in California.
5. Supporting funding and policies for the promotion of California and the City and County of San Luis Obispo as a place to locate businesses that provide head-of-household jobs.
6. Supporting economic development that is integrated with articulated Major City Goals such as climate action, environmental protection and, as well as social justice and diversity objectives, such as the Green New Deal.
7. Supporting funding for the state tourism promotion program.
8. Supporting the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies and supporting net neutrality.
9. Supporting telecommunications reform legislation and other measures that preserve local control over public rights-of-way, protect local resources, broadband for all residents and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television.
10. Supporting the expansion of public infrastructure financing tools and funding for infrastructure.
11. Supporting head-of-household jobs, including analyses of impacts and associated mitigations regarding major regional employers.
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Finance
1. Supporting meaningful fiscal reform that allows each level of government to adequately finance its service responsibilities while continuing to support efforts to protect the City from loss of revenues due to State take-aways and unfunded State or Federal mandates.
2. Opposeing initiatives that unduly burden and/or prohibit local government ability to support essential services to the community.
3. Supporting collection of the full amount of local transient occupancy tax from online sales of lodging.
4. Supporting the continuation of California Specialized Training Institute activities within San Luis Obispo County.
5. Opposeing removal of the municipal bond tax exemption.
Human Resources/Employee Relations
1. Supporting additional workers’ compensation reforms that lower employers' costs while still protecting workers and opposeing legislation that would restrict appropriate cost controls in the workers’ compensation system.
2. Supporting pension and retiree health benefits reform efforts, policy changes, and permissible administration decisions aimed at reducing unfunded liabilities, reducing costs, and ensuring the longterm viability of the defined benefit pension system in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors.
3. Opposeing the expansion of property rights in public employment and procedural requirements that hinder or significantly increase the public costs of effective performance management, including legislation that curtails management rights or obstructs the timely, efficient, and cost-effective implementation of performance management or disciplinary measures.
4. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan and maintain comprehensive health care coverage for eligible employees, in a financially sustainable manner.
5. Supporting reforms that limit the financial impacts of joint and several liability on public entities.
6. Supporting the clarification, modification or repeal of AB 646 fact finding requirements and opposeing measures that reduces local control over public employee disputes.
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7. Opposeing measures that curtail management rights or impose local government mandated employee benefits that should be directly negotiated between labor groups and employers.
8. Supporting Federal legislation to modify, refine, or eliminate Federal Labor Standards Act (FLSA) requirements on public agencies.
9. Support reforms that limit the joint and several liability to agencies who have entered into Joint Powers Agreements (JPAs).
10. Support meaningful statewide and national efforts to make quality health care more affordable and accessible to residents and reduce costs for cities and employers.
Public Safety
1. Supporting new and continued State and Federal funding support for school safety, disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS (Citizen’s Options for Public Safety) program, CIT (Crisis Intervention Training) and other local law enforcement public safety activities.
2. Supporting preservation of the City's authority to investigate police misconduct.
3. Supporting local control on issuance of concealed weapons permits.
4. Supporting legislation to help curb drug and alcohol-related criminal behavior and underage consumption.
5. Support legislation to limit or end the sale of all nonflavored and flavored electronic smoking device products, including mint and menthol and to increase enforcement and education related to their use.
6. Opposeing new or increased state fees for state-provided law enforcement services.
7. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs.
8. Supporting efforts to enhance radio and data system(s) stability and interoperability among public safety agencies and jurisdictions.
9. Supporting efforts to reduce retention periods for video monitoring data not related to an identified
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incident or operation.
10. Preserveing the City's right to regulate activities with adverse health and safety impacts on local streets, sidewalks, public spaces and rights-of-way.
11. Supporting legislation to improve and enhance the safety of cargo transported via rail, including but not limited to: safety enhancements for rail vessel construction with an emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit the use of older, “grandfathered” containers and vessels; enhancements in remote monitoring and control of railcar speeds; reduction of railcar speeds in populated areas like San Luis Obispo; enhancements in communications, notifications and information dissemination to local governments, especially public safety agencies.
12. Supporting and expanding funding and programs to local jurisdictions to proactively reduce fire risk attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate change to remove diseased, dead and/or down combustible vegetation, thin forests to improve forest health, and create effective defensible space between the undeveloped and developed environments.
13. Supporting grants and aid to land/property owners with properties one mile or less from natural vegetation, which are threatened by wind-driven fire events, to harden structures again fire impingement and create sustainable defensible spaces.
14. Supporting grants and aid to local governments to develop modern evacuation communications systems to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means.
15. Supporting legislation to preserve and enhance local control, at the city level, for the provision of public safety services, including the scope and provision of medical and non-medical emergency services and legislation that would result in the implementation of a statewide modern earthquake notification and evacuation communications system to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means, which is available for use by local governments at the discretion of local governments.
16. Supporting legislation to preserve and enhance local control, at the City level, for the provision of public safety services, including the scope and provision of medical and non-medical emergency services.
17. Supporting uniformity of state and federal regulations of drones and the study and adoption of appropriate local airport protections and public safety exemptions.
18. Supporting legislation regarding the safe transport and storage of nuclear waste.
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19. Supporting legislation to address the education, funding, and treatment of opioid addiction.
20. Supporting legislation that expands funding to manage vegetation and fuel sources in the wildland urban interface.
21. Supporting legislation to provide funding to help communities prepare for response, recovery and be resilient after natural disasters.
Public Works
1. Supporting increased availability of grant funding to replace aging infrastructure of all types, e.g. streets, bridges, water, sewer, parks, and storm sewer systems, etc.
2. Supporting increased funding for flood protection, clean stormwater and low impact infrastructure projects.
3. Supporting cooperation and prompt approval from Federal and State regulatory agencies (such as the Department of Fish & Wildlife, Regional Water Quality Control Board and the Army Corps of Engineers) for necessary projects involving the City's creek system.
4. Supporting monetary incentives or grant funding for alternative fuel electric vehicles for replacement of municipal fleet equipment.
5. Supporting funding and policies that support and enhance active transportation modes such as bicycles, pedestrian, transit connections, and transit.
6. Supporting continued protection of SB-1 and other funding for transportation infrastructure maintenance.
Parks and Recreation and Natural Resources
1. Supporting State and Federal funding and other measures to promote the acquisition, protection, preservation and restoration of natural resources, open space, coastal resources, signature land forms, wetlands and park development, including continued funding for the Land and Water Conservation Grant Program and for the California Conservation Corps.
2. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development.
3. Supporting amendments to stormwater regulatory requirements to reduce mandatory minimum
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fines and penalties and the recovery of private attorneys’ fees for technical non-compliance issues that do not result in adverse public health impacts or environmental harm. (Moved to Utilities)
4. Support stormwater requirements that are related to specific issues and include reasonable implementation timeframes and funding. (Moved to Utilities)
5. Opposeing any development under existing or new offshore oil and gas leases off the Coast of San Luis Obispo County.
6. Opposeing any development under existing or new oil and gas leases in San Luis Obispo County.
7. Supporting and seeking State and Federal funding and other measures to conduct research and implement land management measures for the purpose of carbon sequestration.
8. Supporting measures to prohibit discharge of pollutants into the creeks and ocean (e.g. selenium contaminated waters from the San Joaquin valley).
9. Supporting expedited distribution of remaining Proposition 1 bond funds to take advantage of the many favorable opportunities for land and easement acquisition and enhancement project contracting.
10. Supporting legislative exemption from property taxes on lands dedicated to open space purposes, which are may be outside the boundaries of the jurisdiction owning such lands.
11. Supporting funding to reduce or mitigate negative impacts to vital regional and community services and enhance public access to parks, open space, after school programming, senior services, facilities that promote physical activity, protect natural resources, and strengthen safety and security.
12. Promoteing policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions, including:
strengthening policies that fund parks, open-space, bike lanes and non-motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non-motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375.
13. Supporting access and connectivity to joint use of schools; parks and open space; development of streets and trails that encourage physical activity and healthy living.
14. Supporting extension or permanent legislation at the federal level of enhanced tax deductions for charitable donations of Conservation Easements.
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15. Supporting legislation to limit the opening of national parks (or other protected public lands, e.g.
Carrizo Plain) to fossil fuel extraction.
Transportation
1. Supporting changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public, as well as revenue replacement for electric vehicles to support transportation infrastructure.
2. Supporting the continuation of, and increased funding sources for street maintenance projects, transportation improvements, transit operations and multimodal facility projects.
3. Supporting funding sources for fleet and transit electrification.
4. Supporting transportation funding for San Luis Obispo County, in particular funding that provides for alternative modes of transportation with clean air benefits or reductions in Vehicle Miles Traveled (VMT) and greenhouse gases.
5. Support transportation funding and policy that promote regional bike and pedestrian connections between cities and other population centers.
6. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO agencies/regional "control" of local transit providers.
7. Supporting cooperation of private transportation companies (such as Union Pacific Railroad) to reach agreements for sharing of properly secured right of way corridors for other compatible uses such as bicycle and pedestrian facilities.
8. Opposeing the proposed diversion of any funding source for transportation that reduces amounts designated for transit operations.
9. Supporting funding for projects to implement adopted complete street plans demonstrated to improve public health and reduce greenhouse gas emissions.
10. Supporting provision of Cap-and-Trade funding for transportation projects.
11. Supporting increased funding for existing Active Transportation Program (ATP) and other sources of bicycle and pedestrian transportation funding.
12. Supporting funding for existing and future transportation needs.
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13. Supporting funding strategies to reduce the personal cost of transportation, especially cargo and electric-assist bicycles and their supporting infrastructure.
14. Opposeing proposed changes to statistical methodologies such as Metropolitan Statistical Areas that have the potential to reduce funding for transportation improvements.
15. Supporting improvements of state and federal standards guiding application of street design and traffic control devices to allow more flexibility for local agencies to prioritize safety, particularly for vulnerable road users, consistent with recent calls to action from groups likesuch as the National Transportation Safety Board, NACTO and others.
Utilities
1. Supporting clean water and drinking water funding programs.
2. Supporting recycling, waste diversion, and zero waste programs and enhancing local government's ability to comply with solid waste reduction requirements (includes building of recycling infrastructure).
3. Supporting measures that require the State Water Resources Control Board and Regional Water Quality Control Boards establish a process to evaluate, in advance of adoption, the costs of compliance for pending and future regulatory actions on NPDES permittees.
4. Supporting legislation that requires the State's environmental agencies to conduct peer review of proposed regulations to ensure that the proposal is based on sound science.
5. Supporting the elimination of mandatory minimum penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e. repeal SB 709).
6. Supporting measures to ensure reasonableness in the administration of NPDES permit governing City operations, including pursuing a municipal representative on the Regional Water Quality Control Board
7. Supporting the safe, responsible, and cost-effective reuse of Exceptional Quality or better biosolids.
8. Supporting sustainable energy programs.
9. Supporting legislation allowing cities/agencies to establish fees for the costs of operating mandated
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water quality programs such as, but not limited to, municipal storm water and total maximum daily loading.
10. Supporting federal legislative action and funding to transfer Salinas Reservoir from Army Corps of Engineers Military Project to Army Corps of Engineers Civil Works Project.
11. Supportting federal and state funding that would allow for transfer of Salinas Reservoir from the Army Corps of Engineers to a local jurisdiction. the County or City of San Luis Obispo.
12. Supporting water conservation and water use efficiency best management practices.
13. Supporting amendments to the Urban Water Management Planning Act to recognize past investment in water conservation and the City's ability to comply with SBx7-7 and other water conservation regulations.
14. Opposeing legislation that requires recycled water to be included in water conservation regulations.
15. Opposeing mandatory consolidation of water systems.
16. Supporting the expansion of recycled water production and use, including potable reuse.
17. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources.
18. Supporting the use of Public Goods Funds for the development and installation of energy saving or green energy generating projects to benefit local government.
19. Opposeing legislation that diminishes the City’s existing or potential water rights.
20. Supporting the protection of water resources.
21. Supporting the protection of our natural resourcesfrom invasive species.
22. Supporting regional water resiliency initiatives.
23. Supporting streamlined water rights amendment processes for minor water rights permit changes.
24. Supporting federal and statewide funding of water infrastructure projects.
25. Opposeing legislation that inhibits the City's ability to collect water and sewer bills either through
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terminating service for non-payment or other reasonable means absent public health or safety emergencies.
26. Opposeing legislation that restricts water and sewer rates for certain customers to below the cost to provide service based on legitimate public interests such as affordable housing, senior housing, nonprofit public beneficial uses, and/or educational uses.
27. Support amendments to stormwater regulatory requirements to reduce mandatory minimum fines and penalties and the recovery of private attorneys’ fees for technical non-compliance issues that do not result in adverse public health impacts or environmental harm. (Moved From Parks)
28. Support stormwater requirements that are related to specific issues and include reasonable implementation timeframes and funding. (Moved From Parks) County/Regional Priorities
1. Supporting County land use policies and practices that are consistent with the Memorandum of Agreement adopted by the City Council and County Board of Supervisors in 2016 regarding development near the edges of the City and opposing inconsistent policies and practices.
2. Encourageing participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction.
3. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Pollutant Concentration (PC) or better biosolids.
4. Supporting the County’s Flood Control and Water Conservation District efforts to solve City/County flood problems.
5. Supporting the San Luis Obispo County Air Pollution Control District's legislative program, where consistent with the City's adopted policies and platform.
6. Supporting the San Luis Obispo Council of Governments' legislative advocacy activities, where consistent with the City's adopted policies, platform, and public policy and project objectives.
7. Supporting efforts to enhance dangerous animal regulation and enforcement.
8. Supporting the streamlining, clarification, and simplification of conflict-of-interest regulations applicable to local officials.
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9. Supporting efforts of other regional entities to join Central Coast Community Energy.
10. Supporting the Central Coast Regional Energy Network at the County Board of Supervisors, the CPUC, and related relevant entities and supporting pilot projects in the City as feasible.
11. Supporting regional and regulatory collaboration to fund and support climate change impact projections and coordinate approaches for increasing regional resilience.
12. Supporting requirements that development outside City jurisdiction has adequate water supplies to support development activities and intensities and does not indirectly impose water service obligations to adjacent municipal water agencies.
13. Supporting assistance for those experiencing physical and mental health impacts of COVID-19a pandemic or other disaster.
14. Supporting the Integrated Waste Management Authority’s (IWMA) legislative platform, where consistent with the City’s adopted policies, platforms, and public policy and project objectives.
15. Support regional efforts to create a spectrum of housing types (including board and care and housing types that include other supportive services) within the County to house the unhoused.
16. Encourage the County of San Luis Obispo to build complete streets when building new roads, and to upgrade existing roadways to be complete streets.
Central Coast Community Energy Policy Board and
Operations Board Positions
Footnote: CCity Council approved the City joining Central Coast Community Energy (3CE) in September 2018 and City representatives have been seated on 3CE’s Policy Board, Operations Board, and Community Advisory Council since 2019.
2 This section of the City’s Legislative
Platform identifies City of San Luis Obispo policy positions on key topics that may come before the various boards and advisory bodies of 3CE. The policy positions contained herein are intended to guide Board member deliberation and voting and staff review of agenda, but are not an exhaustive list of issues that may arise. These positions are intended to extend only to advocacy for or against generally applicable policy proposals being considered by 3CE and does not extend to advocacy on any individual project or entitlement application pending before any decisionmaking body, nor does it extend to the larger legislative platform of the City. The City Council is
2 3CE was formerly known as Monterey Bay Community Power (MBCP)
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supportive of 3CE policy proposals:
1. Supporting environmental justice and economic equity.
2. Supporting 3CE investment in and support for distributed energy resources (e.g., rooftop solar), demand response, behind the meter systems and energy efficiency.
3. Supporting climate mitigation (e.g., emissions reductions), adaptation (e.g. distributed energy resources and grid stability), and resilience (e.g. disaster preparedness).
4. Supporting the inclusion of all segments of the community in policy making and program design processes.
5. Supporting processes that are transparent, collaborative, visible, and accessible and inclusive.
6. Supporting rate, rebate, and revenue structures that create a robust programs budget.
7. Supporting a portfolio of programs that focuses on economic, social, and environmental equity.
8. Supporting a portfolio of programs that focuses on strategic and intentional long-term economic development consistent with sub-regional economic development approaches.
9. Supporting regional climate action and a portfolio of programs that are strategically implemented to achieve regional climate targets.
10. Supporting a program design process that is transparent, collaborative, and inclusive.
11. Supporting staffing required to effectively design, advertise, implement, and monitor effectiveness of the agency’s project portfolio.
12. Supporting local government access to data, transparent GHG emissions reporting, and sub-annual emissions factors as available.
13. Support programs that provide funding, technical support, or legislation that promotes grid independence and resiliency.
14. Supporting processes and governance approaches that provide sufficient time for Board members to fully participate and drive decisions, from inception to implementation.
15. Supporting projects that focus on strategic and intentional regional economic development consistent with regional economic development approaches, when feasible, and with entities that support fair
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wage practices and maximize benefit to local workforces, when feasible. (Moved Section to be closer to Energy)
Item 5j
Department: Police
Cost Center: 8004
For Agenda of: 4/19/2022
Placement: Consent
Estimated Time: N/A
FROM: Rick Scott, Police Chief
Prepared By: Christine Steeb, Communications Manager
SUBJECT: AUTHORIZE A REQUEST FOR PROPOSALS FOR A PUBLIC SAFETY
AUDIO RECORDING SYSTEM
RECOMMENDATION
1. Authorize staff to advertise a Request for Proposals (RFP) to replace the City’s Public Safety Audio Recording Equipment; and
2. Authorize the City Manager to award the contract if the selected proposal is within the approved budget.
Background
An audio recording system records and retains mission critical phone and radio traffic used by public safety. The City of San Luis Obispo records radio channel traffic for the police and fire departments, phone calls at the nine main 9-1-1 consoles located at the Emergency Communications Center (ECC), and seventy-five phone lines located at the Police department. These recordings are used in a variety of ways such as evidence in criminal cases, training, investigations, and review for quality assurance. The recordings are kept for two years according to the City’s Records Retention Policy unless retained as evidence or for training purposes.
The current recording system was configured and installed in 2015. Although technical support for the current system can be extended until December 31, 2023, the vendor will no longer expand or further develop the current system. In addition, the software has become intermittently unreliable in populating phone and radio traffic during searches.
The typical life expectancy of this system is five years and has now reached end of life; staff is recommending this equipment be replaced.
Policy Context
Per Section 201 of the City’s Purchasing Policy, IT Systems exceeding $100,000 require City Council approval and a formal bid process.
Public Engagement
This item is on the agenda for the April 19, 2022 City Council meeting and will follow all required postings and notifications. The public may have an opportunity to comment on this item at or before the meeting.
Item 5j
CONCURRENCE
The City’s Information Technology staff agrees with the recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report because the action does not constitute a “Project” under CEQA Guidelines Section 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Capital
Improvement
$150,000 $ $ $
Total $150,000 $ $ $
Funding for the Audio Recording System Replacement project was approved as part of the 2021- 23 Financial Plan. Project funding is scheduled for FY 2021-22.
ALTERNATIVES
Deny or Defer Request for Proposals – Staff does not recommend this alternative due to the age of the equipment and the inability to expand or develop the system in preparation for Next Generation 9-1-1 technology. The audio recording system’s performance and dependability has increasingly diminished.
ATTACHMENTS
A – Public Safety Audio Recording System 2022 Request for Proposal
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.
Notice Requesting Proposals for Public Safety Audio Recording System Replacement The City of San Luis Obispo is requesting sealed proposals for services associated with the Public Safety Audio Recording System Replacement.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-appweb/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before May 12, 2022, when they will be opened publicly in the City Hall Conference Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, project number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the project package.
Proposals received after said time may not be considered. The preferred method of submission is electronically via BidSync. If you wish to send a hard copy to guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, project number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the project package.
Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact [email protected] with any questions.
A mandatory pre-proposal conference will be held to answer any questions that the prospective proposers may have regarding the City's request for proposals.
May 5, 2022 [1000-1200 PST]
Microsoft Teams: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_YmU0MDNjNzctYTg4MC00Nzk2LWIzNDgtNzA0NzE4ZjIyY2Vk%40thread.v2/0?con text=%7b%22Tid%22%3a%22a78b182d-94e4-4507-a9a9-
330dcb148164%22%2c%22Oid%22%3a%2246e064a5-73cd-4dfb-aea6-8f15ea914ad4%22%7d
TABLE OF CONTENTS
A. OVERVIEW ............................................................................................................................................. 3 B. PROJECT SCHEDULE ............................................................................................................................... 10 C. PROJECT BUDGET................................................................................................................................... 10 D. GENERAL TERMS AND CONDITIONS...................................................................................................... 10 E. SPECIAL TERMS AND CONDITIONS ........................................................................................................ 16 F. FORM OF AGREEMENT........................................................................................................................... 22 G. INSURANCE REQUIREMENTS................................................................................................................. 24 H. PROPOSAL SUBMITTAL FORMS ............................................................................................................. 32
2 A. OVERVIEW
Purpose
The City of San Luis Obispo is inviting proposals for a Public Safety Audio Recording System.
Background
The City of San Luis Obispo records radio channel traffic for the police and fire departments, phone calls at the nine 9-1-1 consoles located at the Emergency Communications Center, and seventy-five (75) phone lines located at the police department. An average day will capture approximately twenty hours of continuous record time. These recordings are used in a variety of ways such as for evidence in criminal cases, training, investigations, and review for quality assurance. The recordings are kept for two years according to the City’s Records Retention Policy unless retained as evidence or for training purposes.
Technical Proposal Requirements
The proposer must submit product documentation and address the following requirements in their proposal.
Audio Recording System Specifications
1. The proposed solution must be compatible with Next Generation 9-1-1 (transmit text, images, video and data to the 9-1-1 center/PSAP)
2. Must be capable of holding a minimum of 25,000 hours of online audio.
3. Must be available with a minimum of dual hot-swappable hard disk drives in RAID 1 with expansion capability.
4. Should be available with hot-swappable hard disk drives in a RAID 6 configuration with expansion capability and hot-spare drive.
5. Must be available in a dual power supply with hot-swappable configuration.
6. If using external USB storage, must be able to continuously archive to swappable external USB hard disk drives separate from instant playback hard disk drives and switch to secondary USB hard disk drive if primary fails or is full, while allowing for simultaneous recording on all channels, playback on multiple remote workstations, and multiple channel playbacks without loss of any data and without deterioration to the rest of system processes.
7. The proposed system should have the ability to automatically archive recordings to a city supplied Network Attached Storage (NAS) via the city’s Local Area Network (LAN) at predetermined intervals.
8. Should be able to continuously archive to a NAS solution over CIFS shares.
9. Describe the expandability and scalability of the system regarding channels and hard drive recording module space.
10. The system must display on one screen which channels are recording, which are not recording, and which channels are idle.
11. The system must have a buffer such as a hard disk where the data will reside before being sent to the archive system. No systems that use volatile RAM resources for shortterm storage will be accepted.
12. Systems with multiple drives must be capable of providing simultaneous or individual
3 control of drives. Such function must be capable of being performed on one drive without affecting the operation of the other drives.
13. The system should display which channels are recording and which are not recording on both the device front display and management workstation.
14. The system must be capable of simultaneously recording while reviewing or live monitoring.
15. The system must be able to natively store records in standard audio format and copy/reproduce recordings to non-proprietary digital audio file, including WAV, MP3, G.723, etc or CD-ROM (CDDA). There shall be no need for any additional steps to create the audio file for records distribution by conversion from a proprietary format.
16. Describe the hardware and software components in detail including processor, memory amount and type, hard drive amounts and type, hardware manufacturer, Operating System type and version.
17. Must be able to connect to a Network Time Protocol (NTP) time sync source through either a LAN or direct connection to time source.
18. Must be able to accommodate future hardware and software upgrades without replacing the whole system.
19. The system must display the amount of recording space remaining on the hard drive and on each archived drive/media on management interface and provide timely warnings regarding space and disk usage.
20. The recording equipment furnished and installed shall be designed for 24/7, continuous duty operation.
21. Recording equipment must be able to record a minimum of 75 VoIP endpoints, 20 analog lines, 8 9-1-1 trunks and 15 RTP compatible radio channels for recording.
22. The system shall have the ability to provide unattended operation and automatic archiving per user defined schedule.
23. The solution must interface/operate with the existing equipment: Intrado Power 9-1-1 Viper phone system; Avtec Outposts & Workstations; Mitel VoIP phone system.
24. The solution should be compatible with cloud based VoIP systems (example: Mitel MiCloud Connect) with encrypted network traffic from endpoint telephones (e.g.
IP480, IP485).
25. The system should have the ability to screen capture within the CAD software of related computer screens providing CAD interface. (Current CAD software: Motorola Solutions Spillman Flex).
26. The system must have the ability to record in a SIP (Session Initiated Protocol) environment.
27. The solution must provide the retention of previous recorded audio from the current in use Voice Print International (VPI) or migration of recorded audio to the proposed new solution.
28. The system must be a turnkey, self-contained unit. This indicates that all services, recorder hardware, and/or other needed software will be in a single machine provided by the vendor or in multiple machines all supplied by the vendor with the exception of the Administration console and Playback software. All units should have the same resiliency as any other. (City reserves right to not go with provided storage solution and/or ability to option storage)
29. The system should provide buffering of all audios, as it is recorded, onto a hard disk and then copy the digitized audio onto Network Attached Storage (NAS) at a userselectable period.
30. The call records database employed by the system must have no size limitationswith respect to its proper functionality in connection with the system.
4 31. The proposed system must be able to perform a call records search for specific time and telephone number without having to shut down the recorder or stop recording and archiving process.
32. Audio compression must be user-selectable and at least one of the options must be a non- proprietary compression to allow WAV file format playback without any special decompressing or decoding proprietary software.
33. The system must keep track of time and date, even when there is no recording taking place.
34. The system must include the ability to incorporate a time stamp on the recording.
35. The system must have the ability to save or export recordings with or without the time stamps.
36. The system must have the ability to combine related recordings prior to saving or exporting.
37. The system must allow an operator to select any channel for real time monitoring.
38. The system must be capable of simultaneous playback of at least six (6) channels at the same time, from the remote workstation, without affecting system's normal recording capacity, with volume controls available for each channel and the ability to isolate channel(s) during playback.
39. The system must be capable of activation by CONTACT CLOSURE, VOX, off hook and other automatic activation.
40. The system must capture and store in separate searchable fields: DTMF, Caller ID information, ANI/ALI, incoming and outgoing phone numbers, dispatch console position/phone extensions, dispatchers’ names, radio frequencies and call duration.
41. The system must provide the capability to search for recordings “less than” or “greater than” a specified length of time.
42. The system must be programmable to provide automatic daylight savings time compensation.
43. The system should provide loop playback to allow the operator to continuously replay the same portion of a conversation to assist in transcribing or determining what was actually spoken during the recording.
44. The system must have the ability to append notes to tagged calls.
45. The system should provide built-in, predefined and customizable reports, including summaries per channel.
46. The system must allow search and playback from a minimum of 5 remote workstations on the LAN.
47. The system must utilize existing computers with Windows 10 or higher as remote workstations for search, playback, reporting, and call records distribution function such as "Save As" to save selected call/s locally or over network and e-mail function, directly from the application environment, through a simple one-click procedure.
48. The system must permit tagging calls or groups of calls from remote workstations on the LAN.
49. Search may be made through a query or a series of queries to the call database to allow for prompt retrieval of all calls that fit the specified criteria.
50. The system must allow for flagging of recordings to be kept indefinitely.
51. The system must allow for the redaction of confidential information within a recording.
52. The system must provide multiple levels of security access, including access to setup, down to the channel level of access and provide usage reports.
53. The system must be able to notify an administrator if audio is exported or saved as another format (WAV, etc).
54. The system must integrate with active directory for identity and support AD groups for
5 access levels within application
55. The system must provide boot up system test and ongoing self-checking tests.
56. The system should be able to “phone-home” to the manufacturer for certain critical error conditions
57. The system must provide a searchable error log to keep track of alerts and errors.
58. User alarms must be configurable by the software. The system must be capable of generating multiple alarms, including visual, audible, and e-mail to assigned personnel.
59. The system must provide capability for alarms related to errors associated with system performance - alarming details must be settable by the system administrator and allow for at least four different options for routing the alarm message, such as e-mail, audiovisual alarm at the recorder.
60. System must be capable of auto restart after power loss.
61. System must have remote diagnostic capability.
62. Power supplies must be able to be used in a load sharing and fail-over configuration.
63. Load must be automatically switched to working power supply in event of single power supply failure.
64. Hard drives must be configured for fault tolerance.
65. Describe fault tolerance of the hard drives.
66. Hard Drives must be able to fail-over automatically to a redundant recovery device in event of Hard Drive failure or hard drive capacity being reached so no recording is lost.
67. Proposer must detail site specific requirements that will not be covered as part of the proposal.
68. Proposer must detail the implementation procedure for the logging recorder.
69. Once the order is placed the proposer will co-ordinate with appropriate City staff to prepare the site.
70. The vendor shall provide labor, tools, equipment, parts, and accessories required to install logging recorder system. Vendor personnel will unpack the equipment.
71. The Vendor shall position the system in the designated location in the Emergency Communications Center. The location of the system will be defined by the city Network Administrators at time of delivery. System will ideally fit into a 19” rack taking up no more than 10U.
72. Vendor will make the connection of telephone lines and radio channels to terminal blocks furnished by the Telephone Company or telecom staff, as well as make the connection of the terminal blocks furnished by radio provider or radio staff. The city shall provide electrical service to within six (6) feet of the recording equipment.
73. Delivery, set-up and installation of the system by the Vendor shall be performed during normal working hours between 8:00 AM and 5:00 PM Monday through Friday. The city’s Information Technology Department will provide an adequate operating environment for the recording system.
74. Upon completion of the installation and setup of the recorder system at the Emergency Communications Center the Vendor and city IT System Engineers and Communications Manager will conduct thorough check of the equipment. Adjustments shall be made to the satisfaction of the city IT Systems Engineers and Communications Manager.
75. There will be a 30-day trial period, to allow the city IT Systems Engineers and Communications Manger to test and qualify the installation and operation of the logging recorder system. If the system is in accordance with the RFP specifications and working properly, the Communications Manager will signify his or her acceptance of the system by issuing a dated, signed memo stating acceptance of the system on behalf of the city.
76. All hardware provided by the vendor as part of the proposed system must be covered by an initial one-year warranty on parts and labor beginning at the date of acceptance with
6 an extended warranty option for 5 years with cost provided.
77. All vendor software provided shall include an initial twelve-month warranty to ensure operational integrity. The initial warranty shall include 24/7 toll-free helpdesk support, on-site service as required, remote diagnostic support and software service pack updates.
78. Vendor shall guarantee parts availability for all vendor items under this specification for a period of at least 7 years from date of acceptance.
79. The system must be able to accommodate expansion modules offered by the vendor.
80. Describe discounts, equipment buyback, or special pricing to be offered.
81. A toll-free telephone number for service request 24 hours a day, 7 days a week, 365 days a year must be provided by the vendor under applicable coverage. Telephone support will be available within one hour. In the event emergency on-site service is required under applicable coverage, vendor will provide confirmation of dispatch within one hour of having established the need. Vendor's service technicians will be available to diagnose and service the recorder system within 4 hours of dispatch.
82. Vendor shall include on-site training for up to 20 individuals.
Table A: Channel Counts
Count Technology Device Vendor
20 Analog Phone/POTS lines AT&T
75 VoIP Stations/Phones Mitel
8 Trunk / contact closure 9-1-1 lines AT&T
15 RTP Radio Channels Avtec
-1-
Company Background
Must include size of company, number of technical support staff, years of experience working with digital recorders and location of support staff that would provide onsite support.
Installation and Configuration
Proposals shall include costs for onsite installation configuration of all required equipment.
Training
Proposals shall include costs for onsite training of all equipment for (20) people. Training must cover operational, maintenance, reporting and interface usage.
Maintenance
Provide specific information regarding support options for up to 5 years. The response must include 24X7X365 toll-free phone support, remote support and a maximum 1-hour response time. Response must also include onsite support options, same day hardware replacement and travel cost estimates.
In the event emergency on-site service is required under applicable coverage, vendor will provide confirmation of dispatch within one hour of having established the need. Vendor's service technicians will be available to diagnose and service the recorder system within 4 hours of dispatch.
The maintenance plan must include a toll-free telephone number to the service bureau for reporting problems. Any request must be identified via a unique tracking identifier for the problem report.
The plan must include notification, via mail or electronic delivery, of errata, service changes and software upgrades or patches.
Warranty
The vendor shall provide a minimum one (1) year limited warranty (with options to extend the warranty) that covers all hardware and software proposed for a period no less the five (5) years.
The vendor shall warrant the original purchaser that its products are free from any defects in material or workmanship for a period of up to one year, which begins 30 days from the date of acceptance.
-2-
B. PROJECT SCHEDULE
Preliminary Schedule Tasks
Issue RFP April 21, 2022
Pre-Proposal Meeting May 5, 2022
Receive Proposals May 12, 2022
Interviews & Demonstrations May 23, 2022 – May 26, 2022 Complete Proposal Evaluation June 6, 2022
Finalize Staff Recommendation June 7, 2022
Award and Execute Contract June 8, 2022
C. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder 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 that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX or emailed 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 bidder’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 Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder 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 bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price.
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5. Proposal Withdrawal and Opening. A bidder 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 bidder 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. Bidders or their representatives are invited to be present at the opening of the proposals.
7. Cooperative Purchasing. During the term of the contract, the successful bidder 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 bidder.
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 as the primary submitter 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 bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals.
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 bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision.
11. Contract Requirement. The bidder 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.
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.
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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 supplies or services identified in this specification will be used by the City for up to one year.
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 one-year, and annually thereafter, for a total of four years.
7. Supplemental Purchases
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.
8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. 9 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.
10. 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
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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.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this 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 90 days after authorization to proceed by the City.
12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement.
13. 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% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package.
15. 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.
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PROPOSAL CONTENT
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request. e. Resumes of the individuals who would be assigned to this project, including any subconsultants, with their corollary experience highlighted and specific roles in this project clearly described.
f. Standard hourly billing rates for the assigned staff, including any sub-consultants. g. Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project.
Work Program
h. Detailed description of your approach to completing the work. i. Detailed schedule by task and sub-task for completing the work. j. Estimated hours for your staff in performing each phase and task of the work, including sub-consultants, so we can clearly see who will be doing what work, and how much time it will take.
k. Detailed budget by task and sub-task for completing the work. l. Services or data to be provided by the City.
m. Services and deliverables provided by the Consultant(s). n. Any other information that would assist us in making this contract award decision. o. Description of assumptions critical to development of the response which may impact cost or scope.
Requested Changes to Terms and Conditions
p. The City desires to begin work soon after selecting the preferred Consultant Team and expects the Consultant to execute the City’s contract and all of the terms therein, as set forth in Exhibit A. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Please be advised that Consultant’s requested changes to the City’s terms and conditions will be considered by City staff when scoring and determining the competency and responsibility of the bidder.
Proposal Length
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q. Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated 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 team experience in successfully performing similar services. e. Creativity of the proposed approach in completing the work. f. Value
g. Writing skills.
h. References.
i. Background and experience of the specific individuals managing and assigned to this project.
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 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.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award:
a. Issue RFP [April 21, 2022]
b. Pre-Proposal Conference (Mandatory) [May 5, 2022]
c. Receive proposals [May 12, 2022]
d. Complete proposal evaluations [May 23, 2022 – May 26, 2022] e. Conduct finalist interviews and finalize recommendation [June 6, 2022] f. Execute contract [June 7, 2022]
g. Start work [June 8, 2022]
4. Pre-Proposal Conference. A mandatory pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective bidders may have regarding this RFP:
May 5, 2022 [1000-1200 PST]
Microsoft Teams: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_YmU0MDNjNzctYTg4MC00Nzk2LWIzNDgtNzA0NzE4ZjIyY2Vk%40thread.v2/0?con text=%7b%22Tid%22%3a%22a78b182d-94e4-4507-a9a9-
330dcb148164%22%2c%22Oid%22%3a%2246e064a5-73cd-4dfb-aea6-8f15ea914ad4%22%7d
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.
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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 the 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, 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.
8. Required Deliverable Products. The Contractor will be required to provide:
a. One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP. b. Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: MS Visio
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in State Plan Coordinate System as specified by City GIS staff
c. 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.
ALTERNATIVE PROPOSALS
9. 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 alternative and discuss under what circumstances the City would prefer one alternative to the other(s).
10. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to [number] public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks.
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 bidder 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
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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 bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder 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 bidder 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.
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PROPOSAL SUBMITTAL FORM - SAMPLE
The undersigned declares that she or he has carefully examined Project No. [xxxx] 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:
BID ITEM:
Total Base Price
Sales tax []
Other
TOTAL $
Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed.
q Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
E NOTES ON THIS SAMPLE FORM
This is the City’s “basic” submittal form, and something like it should accompany all proposals, even if: a combined “description of work/detailed proposal submittal form” (like Sample E) is required; or price information is not requested (like Sample F).
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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:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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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 q No q
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 Proposer Representative
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Exhibit A FORM OF AGREEMENT
CITY OF SAN LUIS OBISPO
AGREEMENT FOR PURCHASES OF GOODS AND SERVICES
This Agreement is made and entered into in the City of San Luis Obispo on ________[day, date, year] by and between the City of San Luis Obispo, a municipal corporation, hereinafter referred to as City, and [Contractor’s Name], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for [______________], and WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for the Project;
WHEREAS, [include recitals as appropriate to describe need for purchase or relevant context.
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 project.
2. INCORPORATION BY REFERENCE. City Specification No. ______ and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The City’s terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation [xxxxxxx].
4. CONTRACTOR/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 to do everything required by this Agreement and the said specifications.
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.
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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 Name
Dept.
Address
Consultant Name
Title
Address
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
CITY OF SAN LUIS OBISPO:
By:_____________________________________
City Manager
APPROVED AS TO FORM: CONSULTANT:
________________________________ By: _____________________________________ City Attorney Name of CAO / President
Its: CAO / President
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GENERAL TERMS AND CONDITIONS
1. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & 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 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 all federal, state, county, city, and special district laws, ordinances, and regulations.
3. 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.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay.
5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.
6. Safety Provisions. The Contractor 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 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.
8. 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.
9. Immigration Act of 1986. The Contractor warrants on behalf of itself and all
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subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
11. 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.
12. 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 reasonsfor such delay, and making a finding as to the causes of same.
13. 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).
14. 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.
15. 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 precedentto any payment to Contractor.
16. 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 anymanner 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 interestin 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.
17. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by
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law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant