Agenda packet — San Luis Obispo City Council, June 21, 2022 (part 1 of 4)

City Council
AGENDA

Tuesday, June 21, 2022, 6:00 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
COUNCIL MEMBER MARX WILL ATTEND REMOTELY FROM THE ADMIN. COLLABORATION SPACE LOCATED INSIDE CITY HALL, 990 PALM STREET, SAN LUIS OBISPO The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be supported. For those attending in-person, the Council Chamber will be at limited capacity and masks are strongly recommended. Council meetings may be viewed remotely on Channel 20 and the City's YouTube Channel: http://youtube.slo.city
INSTRUCTIONS FOR PUBLIC COMMENT:

Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):

Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.

Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.

Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline will not be processed until the following day.

Public Comment during the meeting:

Meetings have returned to an in-person format. To provide public comment during the meeting, you must be present in the Council Chambers.

Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7100.

Pages

1. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.

2. PLEDGE OF ALLEGIANCE
Council Member Jan Marx will lead the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a. CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.

4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.

5. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.

Recommendation:

To approve Consent Calendar Items 5a to 5p.

5.a. WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

5.b. MINUTES REVIEW - MAY 24, 2022 AND JUNE 7, 2022 COUNCIL

MINUTES
13 Recommendation:

Approve the following minutes of the City Council:
• May 24, 2022 - Special Meeting
• June 7, 2022 - Regular Meeting

5.c. CONSIDERATION OF THE 2022-23 HUMAN RELATIONS

COMMISSION GRANTS-IN-AID FUNDING RECOMMENDATIONS
23 Recommendation:

As recommended by the Human Relations Commission,
approve the 2022-23 Grants-in-Aid funding allocations in the amount of $250,000; and

1. Authorize the City Manager to execute agreements with each grant recipient.

2. 5.d. AUTHORIZE THE COLLECTION OF DELINQUENT SOLID WASTE

COLLECTION AND DISPOSAL ACCOUNTS
51 Recommendation:

Adopt a Resolution entitled, “A Resolution of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent Solid Waste Collection and Disposal Accounts as liens against the properties.”

5.e. ADOPT THE SECOND AMENDED AND RESTATED JOINT POINT

POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE

MANAGEMENT AUTHORITY FOR THE CITIES OF SAN LUIS OBISPO

COUNTY, CALIFORNIA
57 Recommendation:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the second amended and restated Joint Powers Agreement to establish an Integrated Waste Management Authority for the cities of San Luis Obispo County, California.”

5.f. AUTHORIZATION TO ACCEPT CARPETING DONATION FROM THE

HISTORY CENTER OF SAN LUIS OBISPO COUNTY
133
Recommendation:

Accept a donation of new carpeting and associated labor for the Carnegie Library Museum; and

1. Authorize the Mayor to sign a Donation Agreement with the History Center of San Luis Obispo.

2. 5.g. APPROVE A CITY SOLE SOURCE PURCHASE FOR BARRIERS TO

PROTECT PEOPLE FROM VEHICLES
149
Recommendation:

Approve a City Sole Purchase in the amount of $331,279.73 to purchase barriers to protect people from vehicles from Meridian Rapid Defense Group; and

1. Authorize the Finance Director to execute and issue a Purchase Order upon approval.

2. 5.h. AWARD CONTRACT TO R. BURKE CORPORATION FOR ROADWAY SEALING 2022, SPECIFICATION NO. 1000560
159
Recommendation:

Award a contract to R. Burke Corporation, in the amount of $4,457,873, for Roadway Sealing 2022, Specification Number 1000560; and

1. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and

2. 3. Approve the following budget transfers to the project account:
$4,590,475 from the Street Reconstruction and
Resurfacing - Annual Asset Maintenance Account (90346); a.
$100,000 from Jack House Roof and Windows Walk
Railing (1000075-24);
b.
$214,525 from South Street Median Landscaping
(1000037);
c.
$200,000 from Active Transportation Plan Implementation (100502);
d.
e. $35,000 from Parking Lot Maintenance (1000031);
$150,000 from Pedestrian and Bicycle Pathway
Maintenance (1000032);
f.
$120,000 from the Storm Drains Annual Asset
Maintenance Account (90742);
g.
$120,000 from the Sidewalk Annual Asset Maintenance
Account (90849);
h.
i. $10,000 from Water Valve Cover Adjustments (91149);
$10,000 from the Sewer Maintenance Hole Cover
Adjustments (1000084)
j.

5.i. 2022 BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST CODE
179
Recommendation:

Direct the review of the City’s Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act.

5.j. CULTURAL ARTS DISTRICT PARKING STRUCTURE AND PARKING

STRUCTURE MAINTENANCE AND REHABILITATION PROJECTS
183
Recommendation:

Cultural Arts District Parking Structure Recommendations:

Appropriate $1,387,900 of Parking Fund Unreserved Working Capital Balance to the Cultural Arts District Parking Structure Project as forecasted in the FY22/23 Budget Supplement; and,

1. Authorize advertisement of the Cultural Arts District Parking Structure Phase 1A: Dry Utility Undergrounding project; and,

2. Authorize the City Manager to award the Phase 1A construction contract if within available project budget; and,

3. Authorize the City Engineer to execute PG&E and Telecom service fee and easement agreements including payment of service relocation fees if within available project budget; and,

4. Authorize advertisement of the Cultural Arts District Parking Structure Phase 1B: Site Demolition and Grading project; and,

5. Authorize the City Manager to award the Phase 1B construction contract if within available project budget; and,

6. Authorize the City Engineer to issue contract change orders for Cultural Arts District Parking Structure Phase 1A, Phase 1B, and Phase 2 construction projects in excess of $200,000 if within available project budget; and,

7. 8. Authorize the City Manager to advertise and award the Cultural Arts District Parking Structure Phase 2: Parking Structure Construction and Site Improvements upon Budget
Appropriation; and,
Authorize advertisement of a Request for Proposals for
Construction Management consultant services for the Cultural Arts District Parking Structure Phase 1A, 1B, and 2 projects in a form agreed on by the City Engineer and City Attorney; and,

9. Authorize the Public Works Director to enter into an agreement with the selected Construction Management firm; and,

10. Authorize the City Engineer to amend the Construction Management agreement within available project budget; and,

11. Authorize the City Engineer to amend Watry Design, Inc. contract if within available project budget; and,

12. Parking Structure Maintenance Projects Recommendations:

Authorize advertisement of the 842 & 919 Palm Parking
Structure Maintenance Project; and,

1. Authorize advertisement of the 871 Marsh Parking Structure Maintenance Project; and,

2. Authorize the City Manager to award the above parking structure maintenance projects if within available budget; and,

3. Authorize the Finance Director to transfer funding between the parking structure maintenance project accounts as necessary to award the construction contracts; and,

4. Authorize the City Engineer to issue contract change orders for the Parking Structure Maintenance projects in excess of $200,000 if within available project budget.

5. 5.k. APPROVE A THREE-YEAR CONTRACT RENEWAL FOR
MICROSOFT OFFICE 365 GOVERNMENT PLAN SUBSCRIPTION

LICENSES
289
Recommendation:

Approve a three-year contract renewal for Microsoft Office 365 Government Plan subscription licenses; and

1. Per Municipal Code 3.24.060E, authorize waiver of formal bids to purchase Microsoft Office 365 subscription licensing through the cooperative agreement under the County of Riverside Master Agreement – PSA – 0001524, Enterprise Agreement
(EA) - 8084445; or below the cooperative purchasing net cost within the same terms and conditions; and

2. Authorize the City Manager to approve related Purchase Order Requisitions through the duration of the agreement.

3. 5.l. AUTHORIZE A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND AVILA RANCH DEVELOPERS, INC.

FOR RECYCLED WATER
295
Recommendation:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Reimbursement Agreement between the City of San Luis Obispo and Avila Ranch Developers, Inc.”

5.m. SECOND READING OF ORDINANCE NO. 1714 (2022 SERIES) AMENDING TITLE 10, CHAPTER 52 (PARKING METERS), OF THE

SAN LUIS OBISPO MUNICIPAL CODE TO ESTABLISH PARKING

METER AND PARKING PAYMENT CENTER RATES
317
Recommendation:

Adopt Ordinance No. 1714 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, Amending Title 10, Chapter 52 (Parking Meters), of the San Luis Obispo Municipal Code” establishing parking meter and parking payment center rates.

5.n. ADOPT A CORRECTED REGULAR AND CONTRACT EMPLOYEE

SALARY SCHEDULE
325
Recommendation:

Adopt a Regular and Contract Salary Schedule effective June 23, 2022, as required by the California Public Employee Retirement System.

5.o. ADOPT A RESOLUTION CALLING FOR THE NOVEMBER 8, 2022

GENERAL MUNICIPAL ELECTION AND ADOPTING REGULATIONS
335
Recommendation:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain Officers as required by the provisions of the Charter, adopting regulations for Candidate Statements, and requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election with the Statewide General Election to be held on November 8, 2022, pursuant to Section 10403 of the Elections Code.”

5.p. ADVISORY BODY APPOINTMENT FOR AN UNSCHEDULED

VACANCY ON THE TOURISM BUSINESS IMPROVEMENT DISTRICT
BOARD
343
Recommendation:

Confirm the appointment of Megan Taylor to the Tourism Business Improvement District Board (TBID).

6. BUSINESS ITEMS

6.a. HOMELESSNESS RESPONSE UPDATE REGIONAL
COLLABORATION (Estimated Time: 90 minutes)
347
Recommendation:

Receive an update from County staff on the County’s effort to lead and develop a draft San Luis Obispo Countywide Strategic Plan to Address Homelessness.

7. STUDY SESSION

7.a. PAVEMENT MANAGEMENT UPDATE (Estimated Time: 60 minutes) 415 Recommendation:

Receive a report and presentation from City Staff and Pavement Engineering Inc. on the City’s Pavement Management Plan.

8. PUBLIC HEARING ITEMS

8.a. APPROVE AN AMENDMENT TO THE COUNCIL POLICIES AND

PROCEDURES MANUAL AND INTRODUCTION OF AN ORDINANCE

AMENDING THE MUNICIPAL CODE RELATED TO CITY COUNCIL
MEETING START TIME (Estimated Time: 15 minutes)
537
Recommendation:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending its Council Policies and Procedures Manual,” regarding Council meeting start time; and

1. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the San Luis Obispo Municipal Code Chapter 2.04 (Council
Meeting) to modify Regular Meeting times.”

2. 9. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)

10. ADJOURNMENT
The next Regular Meeting of the City Council will be held on July 5, 2022 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk.

The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.

City Council regular meetings are televised live on Charter Channel 20 and the City's YouTube Channel: http://youtube.slo.city. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100.

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1 Council Minutes
May 24, 2022, 1:00 p.m.

SLO Business Center, Room 3, 4251 S. Higuera St., Suite 800, San Luis Obispo Council Members

Present:

Council Member Jan Marx, Council Member Andy Pease,
Council Member Michelle Shoresman, Vice Mayor Carlyn
Christianson, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, May 24, 2022 at 1:00 p.m. at the SLO Business Center, 4251 S.

Higuera Street, Suite 800, San Luis Obispo, by Mayor Stewart.

2. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY
Public Comment:

None
--End of Public Comment--

3. CITY COUNCIL WORKSHOP
 Working Together – Council reviewed their strengths and how they can use those strengths to work together.
 The Path Forward – Council discussed things that worked well when they were joining Council.
 Communications – Council discussed having a quarterly breakfast or lunch for a less structured time to share ideas. Council discussed streamlining the Proclamation process, only reading 2-3 of the Whereas statements.  Summing It Up – By consensus the Council directed staff to bring an Ordinance amendment to change the meeting start time from 6:00 PM to 5:30 PM for all Regular Council meetings.

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2 4. ADJOURNMENT
The meeting was adjourned at 4:55 p.m. The next Regular Meeting of the City Council will be held on June 7, 2022 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/202X

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1 Council Minutes
June 7, 2022, 6:00 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Council Members

Present:

1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on June 7, 2022 at 6:00 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

2. PLEDGE OF ALLEGIANCE
Mayor Stewart led the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a PROCLAMATION - HUNGER AWARENESS DAY
Mayor Stewart presented a proclamation declaring June 3, 2022 as "Hunger Awareness Day" to Garret Olson on behalf of SLO Food Bank.

3.b PROCLAMATION - JUNETEENTH DAY
Mayor Stewart presented a proclamation declaring June 19, 2022 as "Juneteenth Day" to Cheryl Vines on behalf of NAACP SLO County.

3.c INTRODUCTION - CDD, BUILDING, AND SAFETY SUPERVISORS Community Development Director Michael Codron introduced Michael Loew, Deputy Building Official; Vanessa Nichols, Permit Services Coordinator; John Mezzapesa, Code Enforcement Supervisor; and Trevor Nelson, Supervising Building Inspector.

3.d CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects.

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2 4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:

Dane Senser
Jeffery Specht
--End of Public Comment--

5. CONSENT AGENDA
Public Comment:

Cain Silvey - Item 5g
--End of Public Comment--
Motion By Vice Mayor Christianson
Second By Council Member Shoresman
To approve Consent Calendar Items 5a to 5l.

Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.

5.b MINUTES REVIEW - MAY 17, 2022 COUNCIL MINUTES
Approve the minutes of the City Council meeting held on May 17, 2022.

5.c SECOND READING OF ORDINANCE NO. 1713 (2022 SERIES)

AMENDING THE SAN LUIS OBISPO MUNICIPAL CODE TO ADD
CHAPTER 8.10 (SHOPPING CARTS), REQUIRING THE PRIVATE

MANAGEMENT OF SHOPPING CARTS AND RETRIEVAL OF CARTS

FROM PUBLIC SPACES
Adopt Ordinance No. 1713 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 8, Health and Safety, of the Municipal Code to add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail establishments and to facilitate retrieval of abandoned shopping carts.”

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3 5.d ADVISORY BODY APPOINTMENTS FOR CURRENT VACANCIES ON

THE ACTIVE TRANSPORTATION COMMITTEE, PERSONNEL BOARD,

AND TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD, AND

MODIFIED TERM LIMIT ON THE TOURISM BUSINESS IMPROVEMENT

DISTRICT BOARD
Confirm the appointment of Jill Caggiano to the Active Transportation Committee (ATC), Linda Mielke to the Personnel Board (PB), Lori Keller to the Tourism Business Improvement District Board (TBID), and to extend the term of Clint Pearce on the TBID by one year.

5.e AUTHORIZE ADVERTISEMENT OF WATER TREATMENT PLANT
GENERATOR IMPROVEMENT PROJECT, SPECIFICATION NO.
1000126

1. Approve the plans and specifications for the Water Treatment Plant Generator Improvement Project (Project), Specification No. 1000126; and

2. Authorize staff to advertise the Project for bids; and

3. Authorize the City Manager to award the construction contract for the Project if the lowest responsible bid is within available project funding; and

4. Adopt Resolution No. 11329 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Water Fund Unassigned Working Capital for construction of the Water Treatment Plant Generator Improvement Project, Specification No. 1000126” in the amount of $951,918; and

5. Authorize the Utilities Director to approve Contract Change Orders in excess of $100,000 and up to the available budget.

5.f AWARD CONSTRUCTION CONTRACT TO SOUZA ENGINEERING
CONTRACTING, INC. FOR VERDE / LUNETA / RAMONA / BROAD
SEWER REPLACEMENT PROJECT, SPECIFICATION NO. 1000091

1. Award the construction contract for Verde / Luneta / Ramona / Broad Sewer Replacement, Specification Number 1000091 to Souza Engineering Contracting in the amount of $1,467,822; and

2. Approve the following budget transfers: a. $360,000 from the Sewer Fund Undesignated Capital account to the project account; and b. $150,000 from the Water Fund Undesignated Capital account to the project account; and

3. Authorize the City Engineer to execute Contract Change Orders within available project budget.

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4 5.g APPROVE GRANT AGREEMENT FOR THE DIXON RANCH

CONSERVATION EASEMENT

1. Approve a Grant Agreement with The Land Conservancy of San Luis Obispo County in the amount of $100,000 towards the purchase of a Conservation Easement for the Dixon Ranch; and

2. Authorize the City Manager to sign the Grant Agreement and any associated escrow documents.

5.h AUTHORIZATION TO ACCEPT GRANT AWARD FROM THE

AMERICAN RESCUE PLAN ACT AND TO APPLY FOR OTHER LOCAL,

STATE, AND FEDERAL GRANTS FOR THE TRANSIT PROGRAM

1. Accept an award of American Rescue Plan Grant Funding in the amount of $12,385,511; and

2. Authorize the City Manager or his designee to file, execute, and fulfill any related grant applications, certifications, assurances, forms, agreements, and associated documents on behalf of the City of San Luis Obispo; and

3. Adopt Resolution No. 11330 (2022 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Director of Public Works to apply for future funding opportunities that benefit the City’s Transit Program, and to file, execute, and fulfill any related grant applications, certifications, assurances, forms, agreements and associated documents on behalf of the City of San Luis Obispo."

5.i AUTHORIZATION TO CONTINUE THE COLLECTION OF MULTIDWELLING PROPERTY FIRE AND LIFE SAFETY INSPECTION FEES Adopt Resolution No. 11331 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Auditor to collect fees for 2022-23 Fire and Life Safety Inspections of Multi-Dwelling Properties containing three or more dwelling units on the Secured Property Tax Roll pursuant to California Government Section 54988, Et Seq.”

5.j APPROVE GRANT SUBMITTAL AND AWARD AGREEMENT FOR

FLEET ELECTRIFICATION INFRASTRUCTURE ROADMAP
Approve the Grant Submittal and accept Grant Award Agreement between Central Coast Community Energy (“CCCE”) and the City of San Luis Obispo for $70,000 to support the Fleet Electrification Infrastructure Roadmap.

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5 5.k AUTHORIZATION TO SIGN LEASE AGREEMENT FOR 994 MILL STREET, SUITE #200
Approve and authorize the City Manager to execute a lease for office space at 994 Mill Street, Suite #200, between the City of San Luis Obispo and Osos Land Co., LLC. to be used by the Human Resources Department.

5.l AWARD CONTRACT FOR ENTERPRISE STORAGE SERVER

REPLACEMENT

1. Award a contract and authorize a purchase order for Ahead in the amount of $350,139.16 for the purchase and installation of new enterprise storage (Dell PowerStore storage solution) and five years of 24/7 support; and

2. Waive formal bids and authorize use of State of California Enterprise Technology Contract #1-19-70-19D-2 to procure this purchase from Ahead, as allowed under 3.24.060 E. of the City of San Luis Obispo Municipal Code.

6. PUBLIC HEARING AND BUSINESS ITEMS

6.a ADOPTION OF THE FISCAL YEAR 2022-23 SUPPLEMENTAL BUDGET (Estimated Time: 120 minutes)
City Manager Derek Johnson, Finance Director Brigitte Elke, Principal Budget Analyst Natalie Harnett, CIP Process Improvement Manager Emily Jackson, Parking Services Manager Gavin Hussey, and Public Works Director Matt Horn provided an in-depth staff report and responded to Council questions.

Public Comments:

Ellie Washington
Patti Thayer
Bettina Swigger
Jeffery Specht
---End of Public Comment---
Motion By Vice Mayor Christianson
Second By Council Member Pease

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6 1. Adopt Resolution No. 11332 (2022 Series) entitled, “A Resolution of the Council of the City of San Luis Obispo, California, approving the Fiscal Year 2022-23 Budget” as presented; and

2. Adopt Resolution No. 11333 (2022 Series) entitled, “A Resolution of the Council of the City of San Luis Obispo, California, approving the allocation of $13,564,467 in State & Local Fiscal Recovery Funds in accordance with the U.S. Treasury Final Rule” including $1,564,467, as recommended by the Council Ad-Hoc Committee with the following change:
o Allocate $700,000 of the $9.9 million in State & Local Recovery Funds to continue the first hour free for parking in the parking structure through June 30, 2023.

3. Introduce Ordinance No. 1714 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 10, Chapter 52 (Parking Meters), of the San Luis Obispo Municipal Code” modifying the on-street and surface parking lot hourly rates and establishing paid parking in the upper Monterey Street area; and

4. Adopt Resolution No 11334 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, establishing parking rates for the City’s parking structures”; with the following revision:
o Continue the first hour of free parking through June 30, 2023.

5. Adopt Resolution No 11335 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving modifications to the Parking Citation Penalty Schedule.” and

6. Directed staff to return in the Spring of 2023 for a full discussion on strategies and tactics on parking options and ways to support downtown and community members.

Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

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7 7. LIAISON REPORTS AND COMMUNICATIONS
Council Member Marx informed Council that the IWMA Board selected Peter Cron to be the Executive Director.

Council Member Shoresman toured SLO City Farm and attended the Cuesta College President's lunch.

Mayor Stewart also attended the Cuesta College President's lunch, the Laguna Middle School award ceremony, and the HASLO wall raising for the Toscano apartments.

8. ADJOURNMENT
The meeting was adjourned at 10:15 p.m. The next Regular City Council Meeting is scheduled for June 21, 2022 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/202X

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 21, 2022
TO: Mayor and Council
FROM: Beya Makekau, Diversity, Equity, and Inclusion Manager VIA: Derek Johnson, City Manager
SUBJECT: ITEM 5c.- CONSIDERATION OF THE 2022-23 HUMAN RELATIONS

COMMISSION GRANTS-IN-AID FUNDING RECOMMENDATIONS
Staff received the following questions, regarding GIA funding recommendations from the Human Relations Commission (HRC). The questions are below with staff’s response shown in italics. Also, HRC Vice Chair Kasperzak will be in attendance at tonight’s meeting and able to answer questions if requested.
1) Did the full HRC have a role in determining final recommendations? Answer: Yes. The grant review subcommittee provided an initial recommendation to the full HRC on 4/06/22. After deliberation and discussion, the Commission unanimously voted on funding recommendations and were again reviewed by the full HRC at a required public hearing on 5/04/22. At that meeting, the Commission voted to recommend the organizations and funding amounts as presented in the Council Agenda Report for the 6/21/22 City Council meeting. 2) What was rationale behind funding Pregnancy and Parenting Support? Answer: The commissioners felt the funding request aligned with the identified top funding priorities, specifically hunger and malnutrition prevention and supportive physical and mental health services for those in need. The funding application stated that:
“Pregnancy & Parenting Support distributes infant formula to low and very low-income families and nutritional supplements to pregnant women. As part of a countywide network aiding with infant nutrition to families alongside their agency partner, WIC (Women Infants & Children), their barrier-free services are available to all families with infants and toddlers. They are requesting $10,000 to be used to buy infant formula and nutritional supplements for these families. Additionally, funds will be used to supplement the salaries of staff providing emotional support and distributing basic needs.”

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Insert Report Title Page 2
The historical GIA funding for this organization is listed below and included in Attachment 5.B.

2018 Grant Award: $4,282
2019 Grant Award: $7,000
2020 Grant Award: $2,000
2021 Grant Award: $5,000
3) What was the rationale behind funding French Hospital? Answer: The commissioners felt that the funding application request was aligned with the HRC primary funding priority of homelessness prevention and support. The funding application stated that:
“Homeless Support and Prevention Program (HSPP) at French Hospital Medical Center (FHMC) provides financial assistance and case-managed follow-up for medically fragile homeless patients, as well as homeless prevention services for patients considered at-risk. The HSPP provides homeless patients and patients identified as at-risk for homelessness with the following services at hospital discharge: (1) shelter for additional recovery time, (2) a stay at a sober living facility (if medical conditions are exacerbated by or related to substance abuse), (3) transportation upon discharge, (4) medication, (5) basic survival supplies, and (6) case management services. This program relies on gifts and donations; the requested funds will help cover the costs of these services”. The program would benefit 650 city residents.”
Commissioners also increased the initial funding recommendation during final deliberations due to its close alignment with the primary funding priority. 4) What was rationale for not funding the R.A.C.E. Matters Black Salon/Cultural Space project?
Answer: Commissioners felt they lacked information on the specifics of acquiring a physical space for the salon. Commissioners also felt that the R.A.C.E. Matters salon proposal directly aligned with the DEI high impact grant criteria and could qualify for funding under that grant program which will be launched in July. The R.A.C.E. Matters program recommended for funding is the NioreSLO series as described in Attachment 5.C. Also, please note that the program description for the NioreSLO series in Attachment 5.C. incorrectly listed events to be funded as “private”. Per HRC bylaws and contract requirements the events being funded will be open to all members of the public with some events requiring registration.

Registration will be open to all members of the public.

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Item 5c
Department: Administration
Cost Center: 1010
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Beya Makekau, Diversity, Equity, and Inclusion Manager SUBJECT: CONSIDERATION OF THE 2022-23 HRC GRANTS-IN-AID FUNDING

RECOMMENDATIONS

RECOMMENDATION

1. As recommended by the Human Relations Commission, approve the 2022-23 Grantsin-Aid funding allocations in the amount of $250,000; and

2. Authorize the City Manager to execute agreements with each grant recipient.

DISCUSSION
Background
The City’s Grants-in-Aid (GIA) program, overseen by the Human Relations Commission (HRC), provides financial support to non-profit organizations that promote the economic and social well-being of the citizens of San Luis Obispo. Grants are made to local organizations or agencies based in neighboring communities who serve a significant number of City residents. The HRC advises the City Council on community needs and funding recommendations.

Funding Priorities
On November 16, 2021, Council adopted homelessness prevention, including affordable and alternative housing, support services and transitional housing as the primary funding priority for allocating GIA funds for the 2022-23 program. However, to allow maximum flexibility for funding recommendations dependent upon the received applications, the following were not ranked, but were agreed to be important priorities by the Human Relations Commission:
 Hunger and malnutrition prevention
 Supportive physical and mental health services for those in need  Services for seniors, veterans and/or people with disabilities in need  Supportive, development and care services for children and youth in need  Services encouraging diversity, equity, and inclusivity in marginalized communities including language access

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Item 5c
GIA Application Process
In December of 2021, the HRC formally launched its annual GIA process by advertising the availability of grant funds and information regarding the upcoming GIA timeline via email to past applicants and agencies identified by the DEI taskforce. GIA applications were due to the City on January 29, 2022. The City received grant funding requests from 30 agencies requesting funding for 35 different programs totaling $401,167, which amounted to $151,167 over the available funding amount. Attachment A includes a list of the applications submitted to the City for GIA funding and the HRC’s recommended funding amounts. The GIA Program Application Summary, provided as Attachment B, further describes each program and recommendation reasoning.

Increase in Funding Availability
The American Rescue Plan Act (ARPA) approved $350 billion for state, local, territorial, and Tribal governments in the form of the Coronavirus State and Local Fiscal Recovery Funds. This historic bill provides economic stimulus funding to the City of San Luis Obispo to reimburse lost revenue and help support economic recovery efforts. An initial $8.9 million was programmed into the 2021-23 Supplemental budget and it has since been increased to $13.5 million. At the February 15, 2022, City Council meeting, the Council directed staff to prioritize ARPA funding towards housing and homelessness, and at the March 1, 2022, City Council meeting, the Council directed staff to return at the 2022-2023 Supplemental Budget to appropriate $100,000 to augment the Human Relations Commission annual Grants in Aid (GIA) cycle one time to further support health and human services programs or projects which was approved at the June 7, 2022 City Council meeting. As adopted in the 2021-23 Financial Plan, the initial budget for the GIA program was $150,000. The additional allocation from the ARPA funding created $250,000 in total funding available for this upcoming cycle.

Subcommittee and HRC Preliminary Review Process
On February 2, 2022, the HRC convened the GIA subcommittee of Commissioner Grothaus and Vice Chair Kasprzak to review grant applications and make preliminary funding recommendations in the amount of $250,000. The subcommittee members utilized the endorsed GIA Funding Priorities set by Council, the location of the target population of people to be served, and the incurred expenses proposed to be offset by GIA dollars, to guide their funding recommendations. On April 6, 2022, the GIA subcommittee presented preliminary grant recommendations to the full HRC. During the discussion, the subcommittee engaged with the other Commissioners to adjust the preliminary recommendations, based on their experiences as and overall feasibility of the proposed projects in accordance with the Funding Priorities and Criteria.

HRC Public Hearing
The public hearing was held on May 4, 2022, which allowed the HRC to solicit feedback from 11 public/service providers on the GIA preliminary funding recommendations, prior to review by the City Council. Upon the public testimony, the HRC voted to approve the preliminary funding recommendations.

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Item 5c
Grant Contracts
Upon Council approval of GIA funding allocations, the City will enter into a contract with each organization that has been awarded grant funding. The HRC and City staff will monitor the contracts throughout the year.

Public Engagement
The public, and more specifically non-profit service organizations, were engaged throughout the entire GIA award process, as described in sections above. This item is on the consent agenda for the June 21, 2022 City Council and will follow all required posting and notification. The public can submit comments on this item at or before the meeting.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $150,000 $150,000 $ $
State
Federal
Fees
Other: 100,000 100,000
Total $250,000 $250,000 $ $
As adopted in the 2021-23 Financial Plan, the initial 2022-23 budget for the GIA program was $150,000. The additional $100,000 allocation from the ARPA funding created $250,000 in total funding available for this upcoming cycle.

ALTERNATIVES

1. The Council may modify the proposed grant funding amounts. The Council should provide direction on the modifications desired.

2. The Council may choose to fund eligible GIA applications not recommended by HRC. This action is not recommended by staff because thorough consideration was given to recommended awardees with public involvement.

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Item 5c

ATTACHMENTS
A- 2022-23 GIA HRC Preliminary Funding Recommendations
B- 2022-23 GIA Program Application Summary
C- 05-04-2022 Approved HRC Minutes

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Item 5c. - Attachment A
Estimated Budget =
$250,000
App. Non-Profit
Organization Program Grant Request
HRC Preliminary
Recommendation
1 5 Cities Homeless Coalition
Rapid Re-Housing
& Homeless
Prevention
Assistance- SLO
$10,000 $10,000
2 Access Support
Network
Hepatitis C
Project- Access to
Care
$7,000 -
3 Access Support
Network

AIDS/HCV
Homeless
Prevention and
Supportive
Housing Program
$7,560 $7,560
4 Big Brothers Big Sisters
of SLO County
Community and
School Based
Mentoring
$15,000 $7,500
5 City Farm SLO Youth
Empowerment
Program (YEP)
$15,000 $5,000
6 Community Action
Partnership of San Luis
Obispo County, Inc
Homeless
Prevention/
Housing Stability
$10,000 $10,000
7 Community Action
Partnership of
San Luis Obispo County,
Inc.

SAFE $10,000 $5,000
2022-23 GIA Preliminary Funding Recommendations

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Item 5c. - Attachment A
App. Non-Profit
Organization Program Grant Request
HRC Preliminary
Recommendation
8 Community Counseling
Center (CCC) of San
Luis Obispo
Left to Their Own
Devices: Virtual &
In person
Psychotherapy $5,000 $5,000
9 Court Appointed
Special Advocates of
San Luis Obispo County,
Inc
Child Advocacy
to Avert
Homelessness
$7,500 $7,500
10 Cuesta College
Foundation
The Breakfast Club:

Engaging Homeless
College Students
$4,725 $4,725
11 Food Bank Coalition
of San Luis Obispo
No-Cook Bags for
homeless residents
$12,000 $12,000
12 French Hospital
Medical
Center Foundation
Homeless Support
& Prevention
Program
$20,000 $15,000
13 Hospice of San Luis
Obispo County
Grief Counseling
and In-Home
Respite/Caregiver
Support
$25,000 $10,000
14 Jack’s Helping Hand,
Inc
Jack’s Assistance
Program
$5,000 -

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Item 5c. - Attachment A
App. Non-Profit
Organization Program Grant Request
HRC Preliminary
Recommendation
15 Literacy for Life
Organization
Literacy Program $5,000 $5,000
16 Long Term Care
Ombudsman
Services of San Luis
Obispo
Ombudsman
Services
$3,000 $3,000
17 Lumina Alliance
Emergency Shelter
Operation Support
$12,000 $12,000
18 Meals That Connect
Senior Nutrition
Program
$10,000 $10,000
19 One Cool Earth
Earth-GeniusGrowing Happy,
Healthy, and Smart
Youth
$6,000 $6,000
20 People’s Self-Help
Housing Corporation
City of San Luis
Obispo Supportive
Housing Program
$25,000 $7,500
21 Pregnancy and
Parenting Support
(Formerly
ALPHA)
Health Start, Bright
Futures
$12,000 $12,000
22 R.A.C.E. Matter SLO Black-Centered
Social and Cultural
Spaces
$56,030 $15,000

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Item 5c. - Attachment A
App. Non-Profit
Organization Program Grant Request
HRC Preliminary
Recommendation
23 San Luis Obispo
Children’s Museum
Supporting
Unhoused Children
With Children’s
Museum Visits
$6,252 $5,115
24 San Luis Obispo Committee
for Education on
Alcoholism, dba
"MiddleHouse"
Grant for
Quarantine Housing $5,000 $5,000
25 San Luis Obispo Committee
for Education on
Alcoholism, dba
"MiddleHouse"
Client Housing
Supplement $3,100 $3,100
26 San Luis Obispo Committee
for Education on
Alcoholism, dba
"MiddleHouse"
Grant for
Quarantine Housing $4,500 -
27 San Luis Obispo Legal
Assistance Foundation
Senior Legal
Services Project $10,000 $10,000
28 Senior Volunteer Services
Healthy Futures $3,000 $3,000
29 Shower the People Shower The People
(STP)
$10,000 $10,000
30 SLO Noor Foundation SLO Noor Free
Medical Clinic and
Diagnostics Access
Project
$12,000 $6,000

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Item 5c. - Attachment A
App. Non-Profit
Organization Program Grant Request
HRC Preliminary
Recommendation
31 Smart Share Housing
Solutions, Inc
HomeShare funds &
incentives &
Waterman Village
development
$14,500 $8,000
32 The San Luis Obispo Child
Development Resource
Center
Early Childhood
Development &
Therapeutic Mental
Health Services
$20,000 $10,000
33 The San Luis Obispo Wind
Orchestra Dancing At A
Distance
$10,000 -
34 Tolosa Children's Dental
Center
Tolosa Children's
Dental Center- San
Luis Obispo (TCDC
SLO)
$10,000 $10,000
35 United Way 2-1-1 SLO $10,000 $10,000
Total $401,167 $250,000

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1. 5 Cities Homeless Coalition: Rapid Re-Housing & Homeless Prevention AssistanceSLO 2018 Grant Award: $4,000
2019 Grant Award: $5,400
2020 Grant Award: $0
2021 No Application: $0
2022 Grant Request: $10,000
2022 Preliminary Recommendation: $10,000
5 Cities Homeless Coalition provides wrap-around services including case management and direct financial assistance - with a special emphasis on our housing support program. 5CHC's housing support program serves clients throughout San Luis Obispo County who are either homeless or facing homelessness. With these activities we will work to ensure services are low-barrier and accessible; help participants identify and resolve barriers to housing; assist them to resolve their housing crisis before focusing on other non-housing related services; allow participants to choose the services and housing that meets their needs; connect participants to appropriate services and offer financial assistance initially at a minimum level and adding as needed through progressive engagement.

2. Access Support Network (ASN): Hepatitis C Project – Access to Care 2018 Grant Award: $4,000
2019 Grant Award: $5,400
2020 Grant Award: $0
2021 Grant Award: $0
2022 Grant Request: $7,000
2022 Preliminary Recommendation: $0
To maintain the highest level of health, a person living with HIV I AIDS or hepatitis C (PLWH) must have access to medical care, adequate nutrition, and, most importantly, adequate and stable shelter and living conditions. To ensure that clients maintain stable and supportive housing, the ASN established a housing program, including 13 agency-owned units. The ASN is seeking funding to support and sustain the SLO Hep C Project, which delivers essential services to people living with HCV, including increased access to medical care and connections to comprehensive care services and community resources. ASN requests $5,000 for personnel costs of the health counselor and benefits counselor of the Program.
5c. - Attachment
2022-23 GIA Program Application Overview and Funding History

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3. Access Support Network (ASN): HIV/HCV Homeless Prevention and Supportive Housing Program
2018 Grant Award: $4,000
2019 Grant Award: $5,400
2020 Grant Award: $0
2021 Grant Award $6,000
2022 Grant Request: $7,560
2022 Preliminary Recommendation: $7,560
The ASN's Housing Program is a well-established and crucial aspect of the agency. The ASN requests funds to provide utility subsidies and facilities operational support to operate the 13 agency-owned low-income housing units. All units are located in the City of San Luis Obispo, thus providing a 100% City user rate. Ten of the 13 rental units are part of the Housing Authority of SLO's Housing Choice Voucher program which grants ASN residents at these 10 units a portable voucher after a year of residence. ASN is requesting $7,560 to pay for utility costs of Agency-owned rental units for 12 months.

4. Big Brothers Big Sisters of San Luis Obispo County: Community Based Youth Mentoring
2018 Grant Award: $1,875
2019 Grant Award: $3,000
2020 Grant Award: $5,000
2021 Grant Award: $5,000
2022 Grant Request: $15,000
2022 Preliminary Recommendation: $7,500
Big Brothers Big Sisters is a donor and volunteer supported organization proven to help vulnerable children of single, low-income, and/or incarcerated parents succeed. They create one-to-one relationships that match children facing adversity with trained and supervised volunteer role models. They propose to provide positive mentors through the Community Based Program for 87 children living in the City of San Luis Obispo. They are requesting $15,000 in funding to support 5 new matches and 35 ongoing matches within the City of SLO. Expenses include professional staff salaries to enroll and support volunteers working with at-risk youth.

5. City Farm SLO: Youth Empowerment Program (YEP)
2018 Grant Award: $6,750
2019 Grant Award: $9,000
2020 Grant Award: $12,000
2021 No Application: $0
2022 Grant Request: $15,000
Trrrete
rert
2022 Preliminary Recommendation: $5,000
City Farm SLO's Youth Empowerment Program (YEP) provides career and college readiness workshops and technical instruction to underserved youth in San Luis Obispo through intensive 8-week programming and summer internships. Workshops are conducted bilingually in English and Spanish by instructors trained in youth empowerment strategies, covering these topics: health and wellness, financial literacy, goal setting, resume building, leadership, public speaking, and DEI in agriculture. Upon graduation, students can apply for a paid summer farming internship.

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6. Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO):

Homeless Prevention and Stable Housing
2018 Grant Award: $6,750
2019 Grant Award: $9,000
2020 Grant Award: $12,000
2021 Grant Award: $20,000
2022 Grant Request: $10,000
2022 Preliminary Recommendation: $10,000
The Homeless Prevention/Stable Housing Program provides emergency: financial assistance to City of San Luis Obispo households that are at-risk of being evicted and need assistance with a rental payment or need assistance securing housing with first month's rent and/or security deposit. They are requesting $10,000 to fund the Program, thus providing: financial assistance payments to cover rent or security deposits for low-income City households.

7. Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO): SAFE 2022 Grant Request: $10,000
2022 Preliminary Recommendation: $5,000
CAPSLO, the primary homeless services provider in the City of SLO, employs a full-time SAFE Family Advocate who serves schools in the SLO City limits. The Family Advocate coordinates referrals and provides direct support to the families, such as school enrollment, medical coordination of services, housing search, legal resources, mental health coordination of services, summer activity enrollment, and more. This position is cofunded with SLCUSD for the school year only, therefore SAFE is seeking other funding to cover the Family Advocate position during the summer and school breaks so that services for homeless families and unaccompanied youth can be provided year-round.

8. Community Counseling Center (CCC) OF San Luis Obispo: Left to Their Own Devices: Virtual & In person Psychotherapy
2018 Grant Award: $4,500
2019 Grant Award: $4,000
2020 Grant Award: $3,600
2021 Grant Award: $2,500
2022 Grant Request: $5,000
2022 Preliminary Recommendation: $5,000
Community Counseling Center (CCC) is a mental health safety net contributor and preventative care provider of premium, affordable counseling for individuals, children, couples, and families who are financially constrained and underinsured. Clients pay sliding scale fees based on their net household monthly income and are never refused services due to an inability to cover cost. They are requesting $5,000 total to provide supplies, technical support, and training.

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9. Court Appointed Special Advocates of San Luis Obispo County, Inc. (CASA):

Child Advocacy to Avert Homelessness
2018 Grant Award: $4,250
2019 Grant Award: $5,000
2020 Grant Award: $1,875
2021 Grant Application: $3,750
2022 Grant Request: $7,500
2022 Preliminary Recommendation: $7,500
The CASA program recruits, trains, and supervises volunteer community members to become advocates for children who have been removed from their home due to abuse and neglect and are under the court's jurisdiction. Most of these children are placed in foster care. CASA volunteers are assigned to a child's case until it is resolved, averaging about 1.4 years. Volunteers oversee all information concerning the child, including reports form social workers, law enforcement, medical providers, mental health professionals, and school personnel. They are requesting $7,500 to cover a portion of their rental costs for their San Luis Obispo-based office.

10. Cuesta College Foundation – The Breakfast Club: Engaging Homeless College Students
2020 Grant Award: $2,362.50
2021 No Application: $0
2022 Grant Request: $4,725
2022 Preliminary Recommendation: $4,725
The Breakfast Club Program requests GIA funding in the amount of $4,725 to provide a hot meal for an average of 15 homeless/housing insecure students each week for 45 weeks (675 meals) at $7/meal. This funding for the first year of operation will help staff identify best practices and secure additional resources to sustain the program long term. Funding from Cuesta College and the Cuesta College Foundation will continue to support current services for homeless students. Once proven successful over the next year, The Breakfast Club will be institutionalized within Student Services with staff dedicated to management and oversight.

11. Food Bank Coalition of San Luis Obispo County: No-Cook Bags for homeless residents
2018 Grant Award: $8,182
2019 Grant Award: $12,000
2020 Grant Award: $9,600
2021 Grant Award: $12,000
2022 Grant Request: $12,000
2022 Preliminary Recommendation: $12,000
The SLO Food Bank prioritizes programs that most efficiently and effectively connect hungry people with food in a safe way. This funding request will provide continued funding to the new No-Cook Bags program, bags of portable foods designed for homeless residents who do not have access to a kitchen and cannot benefit from typical Food Bank distribution items.

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12. French Hospital Medical Center Foundation: Homeless Support & Prevention Program
2022 Grant Request: $20,000
2022 Preliminary Recommendation: $15,000
The Homeless Support and Prevention Program (HSPP) at French Hospital Medical Center (FHMC) provides financial assistance and case-managed follow-up for medically fragile homeless patients, as well as homeless prevention services for patients considered at-risk. The HSPP allows case managers the ability to address the social needs of homeless and at-risk patients by providing resources necessary for these patients to rest and manage their health upon discharge. The HSPP provides homeless patients and patients identified as at-risk for homelessness with the following services at hospital discharge: (1) shelter for additional recovery time, (2) a stay at a sober living facility (if medical conditions are exacerbated by or related to substance abuse), (3) transportation upon discharge, (4) medication, (5) basic survival supplies, and (6) case management services. This program relies on gifts and donations; the requested funds will help cover the costs of these services.

13. Hospice of SLO County – Grief Counseling and In Home Respite/Caregiver Support 2020 Grant Award: $5,225
2021 Grant Award: $7,500
2022 Grant Request: $25,000
2022 Preliminary Recommendation: $10,000
Hospice provides in-home support, respite support, and care management to those with a life-limiting illness who have a greater than 6 moths prognosis, are continuing to pursue curative care regardless of diagnosis or have been discharged from Medicare-reimbursed hospice agencies. Hospice will use grant funds to offset expenses for volunteer services personnel and volunteer training costs.

14. Jack’s Helping Hand, Inc: Jack’s Assistance Program 2018 Grant Award: $2,500
2019 Grant Award: $0
2020 Grant Award: $1,000
2021 Grant Award: $0
2022 Grant Request: $5,000
2022 Preliminary Recommendation: $0
Jack's Helping Hand (JHH) helps children with special needs and their families whose resources have been exhausted. The JHH Assistance Program provides a range of services, therapies, medical products, transportation and lodging costs to qualified children with special needs in the County; however, the majority of grant recipients, staff and volunteers of JHH live in the City of San Luis Obispo. The GIA grant, will be used entirely for services for children and their families, including: $1,500 for food (out of town trips to specialists), and $3500 for transportation (air, train, bus fares or gasoline for out-of-area trips).

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15. Literacy for Life Organization: Literacy Program
2018 Grant Award: $2,500
2019 Grant Award: $1,000
2020 Grant Award: $2,500
2021 Grant Award: $3,750
2022 Grant Request: $5,000
2022 Preliminary Recommendation: $5,000
Literacy for Life teach adults sixteen and older to read, write, and speak English. Their one-on-one instruction is free to all and provides a non-threatening learning environment which empowers individuals to learn English communication skills. They are requesting 5,000 to continue their program.

16. Long Term Care Ombudsman Services of San Luis Obispo County: Ombudsman Services
2019 Grant Award: $3,000
2020 Grant Award: $1,500
2021 Grant Award: $3,000
2022 Grant Request: $3,000
2022 Preliminary Recommendation: $3,000
The Long-Term Care Ombudsman Services are requesting funds to provide Ombudsman services, including resident advocacy, facility monitoring visits, complaint investigation and resolution, information and consultation and systemic advocacy for residents of longterm care facilities located within the City of San Luis Obispo. Their advocacy services include preventing low income/low asset nursing facility residents from eviction to homelessness or to inappropriate or inadequate levels of care. They are requesting $3,000 to cover staff salaries for the Ombudsman and Program Manager to resolve inappropriate facility discharges, and to recruit, train and supervise volunteers who provide the majority of facility visits in the City.

17. Lumina Alliance: Emergency Shelter Operation Support 2022 Grant Request: $12,000
2022 Preliminary Recommendation: $12,000
Lumina Alliance is requesting funds to support general operating costs with emphasis on emergency shelter and transitional housing program, and necessary repair costs associated with their shelter and housing units. Their organization provides three shelters in Atascadero, Paso Robles, and San Luis Obispo with a total of 44 beds, as well as 10 units of transitional housing to survivors of sexual assault (SA) and intimate partner violence (IPV). They offer assistance with the establishment of permanent housing for clients.

Survivors in their housing program have access to Lumina Alliance’s full range of services including 24-hour crisis hotline, individual and group therapy sessions, assistance filing temporary restraining order applications, case management, skills training (parenting, budgeting, resume building, etc.), and financial assistance.

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18. Meals that Connect: Senior Nutrition Program
2017 Grant Award: $10,000
2018 Grant Award: $5,682
2019 Grant Award: $9,000
2020 Grant Award: $7,500
2021 Grant Application: $7,000
2022 Grant Request: $10,000
2022 Preliminary Recommendation: $10,000
Meals That Connect serves free, hot, noontime meals, Monday through Friday, to seniors aged 60 or older at two community sites in San Luis Obispo in congregate dining. They also deliver meals, with frozen meals for Saturday and Sunday, to qualified seniors who are homebound. They are requesting $10,000 total $3,000 to purchase food and supplies, $4,000 for labor and personnel costs, $500 for cost of equipment maintenance, $500 for gas and maintenance on refrigerated trucks, $500 for liability and business insurance, and $1,000 for rent to maintain lunch sites.

19. One Cool Earth: Earth-Genius- Growing Happy, Healthy, and Smart Youth 2019 Grant Award: $3,000
2020 Grant Award: $4,000
2021 Grant Award: $3,500
2022 Grant Request: $6,000
2022 Preliminary Recommendation: $6,000
One Cool Earth provides school garden education at San Luis Obispo's Pacheco Elementary School and C.L. Smith Elementary. The Earth Genius program provides a weekly garden educator who teaches lessons and improves the school garden, using it as a platform to promote healthy eating, learning, and well-being. The organization also provide materials, maintenance, and training to empower teachers to utilize the garden beyond our program.

They are requesting $6,000 to help cover the salary of a qualified garden educator.

20. Peoples’ Self-Help Housing: City of San Luis Obispo Supportive Housing Program 2018 Grant Award: $13,500
2019 Grant Award: $13,000
2020 Grant Request: $5,850
2021 Grant Request: $3,750
2022 Grant Request: $25,000
2022 Preliminary Recommendation: $7,500
Peoples' Self-Help Housing (PSHH) is requesting funding to assist with moving lowincome San Luis Obispo individuals and families (including homeless placements) into permanent affordable housing, stabilizing these households, and preventing homelessness for those at risk. Free clinical case management services include counseling, job search assistance, coordinating medica4 denta4 and mental health services, as well as linkage to benefits, transportation, and emergency financial assistance. They are requesting $25,000 to help cover salaries and benefits for social workers that provide direct clinical case management services to residents living in local PSHH rental properties.

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21. Pregnancy and Parenting Support of San Luis Obispo County: Healthy Start, Bright Future
2018 Grant Award: $4,282
2019 Grant Award: $7,000
2020 Grant Award: $2,000
2021 Grant Award: $5,000
2022 Grant Request: $12,000
2022 Preliminary Recommendation: $12,000
Pregnancy & Parenting Support of San Luis Obispo County (ALPHA) is an essential resource for parents and provides an important safety net for women during pregnancy and through their child's second year. Pregnancy & Parenting Support distributes infant formula to low and very low-income families and nutritional supplements to pregnant women. As part of a countywide network aiding with infant nutrition to families alongside their agency partner, WIC (Women Infants & Children), their barrier-free services are available to all families with infants and toddlers. They are requesting $10,000 to be used to buy infant formula and nutritional supplements for these families. Additionally, funds will be used to supplement the salaries of staff providing emotional support and distributing basic needs.

22. R.A.C.E. Matters SLO: Black-Centered Social and Cultural Spaces 2021 No Application: $0
2022 Grant Request: $56,030
2022 Preliminary Recommendation: $15,000
Seeking funds to support the creation of much needed, Black-centered social and cultural spaces in SLO through two primary initiatives:

Black Salon/Cultural Space: Creation and maintenance of Black-centered cultural space that functions as a salon for visiting stylists who specialize in Black hair care that will also provide:
 Physical space for intimate, Black-centered events, with drop-in hours during non-salon hours.
 Office space/headquarters for R.A.C.E. Matters, with resources about aligned community organizations and social groups.
 Retail space that sells Black beauty products, Black-centered/Black-owned goods, and merchandise to benefit R.A.C.E. Matters.
 Space to train future Black hair care specialists, such as braiders.

NoireSLO: Continued creation of events for Black community building and social connection through our existing NoireSLO program. Funds will support rental of outdoor, COVID-safe venues throughout SLO, catering, and entertainment for private, Black community-centered gatherings.

The current funding recommendation is for NoireSLO events only. The Human Relations Commission would also like to suggest that these events are formatted as fundraisers in order to continue to sustain future events.

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23. The SLO Children’s Museum: Supporting Unhoused Children With Children's Museum Visits
2019 Grant Award: $5,000
2020 Grant Award: $7,000
2021 No Application: $0
2022 Grant Request: $6,252
2022 Preliminary Recommendation: $5,115
The San Luis Obispo Children’s Museum is seeking funding for a pilot program that will see free admission passes distributed directly to children experiencing homelessness in the city of San Luis Obispo during 2022. Outreach to underserved neighbors is a priory of the Children’s Museum. To that end, a suite of enduring programs have been launched over the years to ensure that this singular place is welcoming to all- regardless of ability to afford admission.

24. The San Luis Obispo Committee for Education on Alcoholism, "MiddleHouse":

Alumni Housing
2019 Grant Award: $5,000
2020 Grant Award: $7,000
2021 No Application: $0
2022 Grant Request: $5,000
2022 Preliminary Recommendation: $5,000
When clients in MiddleHouse relocate to independent living after a satisfactory stay at MiddleHouse, they find it difficult to find housing due the extreme expense of pre-rental requirements (security deposit, first month’s rent, etc.). This grant would be a contribution to the individual to supplement moving expenses to allow for successful transitions to independent living.

25. The San Luis Obispo Committee for Education on Alcoholism, "MiddleHouse":

Client Housing Supplement
2019 Grant Award: $5,000
2020 Grant Award: $7,000
2021 No Application: $0
2022 Grant Request: $3,100
2022 Preliminary Recommendation: $3,100
This grant is requested for MiddleHouse to subsidize costs to new clients at MiddleHouse that meet eligibility requirements for their program but can’t afford the costs. MiddleHouse provides housing for clients who have established their recovery program and are adjusting to sober living in a safe and healthy environment. They are supported with exposure to employment opportunities, transportation arrangements, and adjustable housing hours to accommodate for employment pursuits.

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26. The San Luis Obispo Committee for Education on Alcoholism, "MiddleHouse":

Quarantine Housing
2019 Grant Award: $5,000
2020 Grant Award: $7,000
2021 No Application: $0
2022 Grant Request: $4,500
2022 Preliminary Recommendation: $0
This grant is requested for MiddleHouse to provide isolated housing for clients who are exposed to or experiencing symptoms of COVID-19.

27. San Luis Obispo Legal Assistance Foundation: Senior Legal Services Project 2017 Grant Award: $2,000
2018 Grant Award: $1,750
2019 Grant Award: $2,500
2020 Grant Request: $2,500
2021 Grant Request: $5,000
2022 Grant Request: $10,000
2022 Preliminary Recommendation: $10,000
The Senior Legal Services Project is one of the few programs in the County providing free legal services to residents aged 60 years and older. The Project sees clients out of their main office in San Luis Obispo, makes home visits to homebound and institutionalized clients, and provides community outreach and education throughout the City. They are requesting $10,000 for the Project’s grant from the Area Agency on Aging, for outreach staff, office administration staff, and bilingual staff. Some funds would also be reserved for outreach and salary for their Office Administrator.

28. Senior Volunteer Services, Inc.: Healthy Futures
2019 Grant Award: $3,000
2020 Grant Award: $1,250
2021 Grant Award: $3,000
2022 Grant Request: $3,000
2022 Preliminary Recommendation: $3,000
Senior Volunteer Services (SVS) is the largest volunteer recruitment network in San Luis Obispo County and has initiated a program called Healthy Futures that has been designed to target volunteer recruitment for agencies that are focused on assisting the homeless, providing in-home services for homebound seniors, and distribution of food. SVS is requesting funding to support the Healthy Futures volunteer recruitment campaign in the City of San Luis Obispo. They are requesting $3,000 to be used for paying insurance premiums for volunteers, providing mileage reimbursements to volunteers, update their website to assist in streamlining the volunteer application process, and a volunteer recognition event.

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29. Shower the People
2022 Grant Request: $10,000
2022 Preliminary Recommendation: $10,000
The mission of Shower the People is to provide access to a hot shower to the homeless in our community. Shower the People (STP) is an all-volunteer nonprofit organization that provides access to a mobile shower to the homeless. STP has 3 shower sites located in the city of San Luis Obispo that provided 2,824 showers to the homeless in 2021. STP is requesting City funding that will support and allow us to maintain our shower program in San Luis Obispo.

30. SLO Noor Foundation: SLO Noor Clinics: Healthcare for the Uninsured City Residents
2017 Grant Award: $10,000
2018 Grant Award: $7,500
2019 Grant Award: $12,000
2020 Grant Award: $5,250
2021 Grant Award: $9,625
2022 Grant Request: $12,000
2022 Preliminary Recommendation: $6,000
The SLO Noor Foundation provides free healthcare to uninsured adult residents of SLO and northern Santa Barbara Counties. Their free clinics and volunteer medical providers prioritize working with these populations, which requires a high level of patient engagement to ensure that more patients finish treatments and advance to prevention and well care status instead of crisis care. They are asking for GIA funds to assist in the expenses for a bilingual Medical Assistant, and for laboratory and radiology diagnostics.

31. SmartShare Housing Solutions: HomeShare & Incentives & Waterman Village Development
2017 Grant Award: $6,385
2018 Grant Award: $7,650
2019 Grant Award: $10,400
2020 Grant Award: $13,690
2021 Grant Award: $4,325
2022 Grant Request: $14,500
2022 Preliminary Recommendation: $8,000
Homeshare and tiny house YardShare provide affordable housing for seekers and enable providers to afford the cost of basic needs while providing companionship and security.

The program fills a gap, provides income for lower-income seniors, avoids duplication of services by partnering with local government and service organizations while leveraging and expanding the use of existing housing and “free land” available in the backyards of interested and qualifying city homeowners. They are requesting $14,500 total, $3,000 for staff intake time and screening for new clients, $5,000 for new home provider signing bonuses, and $6,500 for Waterman Peace Village funding support.

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32. The SLO Child Development Resource Center: Early Childhood Development and Therapeutic Mental Health Services
2019 Grant Award: $5,000
2020 Grant Award: $7,000
2021 Grant Award: $6,000
2022 Grant Request: $20,000
2022 Preliminary Recommendation: $10,000
The SLO Child Development Resource Center provides therapeutic early childhood education and mental health programs that focus on protecting children in San Luis Obispo County for the prevention and treatment of child abuse. The agency is requesting $10,000 towards the salary of their Intern Therapist and $10,000 towards the salary of the Behavioral Rehabilitation Specialist, since these services are not covered by the CA Department of Education.

33. The SLO Wind Orchestra: Dancing at Distance
2022 Grant Request: $10,000
2022 Preliminary Recommendation: $0
The SLO Wind Orchestra’s mission is to foster an appreciation of wind orchestra repertoire while contributing to the artistic and cultural vitality of the Central Coast. The objective of our Dancing at a Distance concerts is to improve the quality of life for those in SLO City by offering a safe space for seniors to dance and enjoy the benefits of live music, free of charge.

34. Tolosa Children’s Dental Center (TCDC): Tolosa Children’s Dental Center San Luis Obispo
2018 Grant Award: $5,000
2019 Grant Award: $8,500
2020 Grant Award: $5,000
2021 Grant Awards: $5,000
2022 Grant Request: $10,000
2022 Preliminary Recommendation: $10,000
TCDC-SLO delivers dental services to children age infant to 18. TCDC-SLO remainsthe only dental provider in San Luis Obispo County focused solely on dental care for the underserved children in our communities. TCDC is requesting $10,000 to cover a portion of the unreimbursed costs associated with providing quality dental services. TCDC is a Medi-Cal provider making it difficult to raise prices and provide competitive salaries for experienced dentists. They rely on public funds to pay licensed dentists to provide lowcost, free, and sliding scale cash appointments for children.

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35. United Way of San Luis Obispo County: 2-1-1 SLO County 2018 Grant Award: $1,500
2019 Grant Award: $4,500
2020 Grant Award: $3,000
2021 Grant Award: $5,000
2022 Grant Request: $10,000
2022 Preliminary Recommendation: $10,000
The 2-1-1 SLO County Program of the United Way is a free, confidential way to get timely access to health and human services information and referrals 24 hours a day, seven days a week. Calls and text messages are answered by knowledgeable, bilingual contract specialists who provide 24-hour referrals and support to those in need of health and human services. When possible, callers are given three referrals for each need they present; this could include shelter, housing, food, health care, transportation, or information pertaining to a local disaster. In the past year, the contracted cost of United Way’s relationship with Interface Children and Family Services (ICFS) increased due to the increased call volume and system improvements. The United Way is requesting funding of $10,000 for personnel expenses to administer the program.

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Item 5d
Department: Utilities
Cost Center: 6107
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Jordan Lane, Solid Waste & Recycling Coordinator; Rebecca Bernstorff, Business Services and Administrative Manager
SUBJECT: COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND

DISPOSAL ACCOUNTS

RECOMMENDATION
Adopt a Resolution entitled, “A Resolution of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent Solid Waste Collection and Disposal Accounts as liens against the properties.”

DISCUSSION
Background
Based on the need to protect public health and safety, the Municipal Code establishes that occupants of all developed properties within the City benefit from regular periodic collection of solid waste. Section 8.04.070 of the Municipal Code states:

1. That all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee.

2. That the franchisee is responsible for collecting all fees for the service.

3. That the owners of developed properties are ultimately responsible for paying for the service.

4. That once each year the franchisee may take actions to collect from delinquent solid waste collection and disposal accounts.

5. That, after the franchisee has completed the actions established within the Municipal Code, the City will adopt a resolution authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent accounts as liens against the properties.

San Luis Garbage Company has taken the actions prescribed in the Municipal Code to collect delinquent solid waste collection and disposal accounts. In adherence to the Municipal Code, San Luis Garbage Company has presented the City with a list of property owners whose accounts were more than 120 days past due, has sent certified letters to those property owners requesting payment, and after 30 days of receipt of delivery certification for payment requests, has presented the City with a final list of property owners whose accounts are still past due.

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Item 5d
The resolution (Attachment A) authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts as liens against the properties.

Previous Council or Advisory Body Action
On an annual basis the City Council authorizes the collection of past due solid waste collection and disposal accounts.

Public Engagement
San Luis Garbage Company has sent certified letters to past due property owners requesting payment.

CONCURRENCE
The Finance Department concurs with the information in this report and the process used for collecting past due amounts.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report because the action does not constitute a “Project” under CEQA Guidelines sec. 15378.

FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A
State
Federal
Fees
Other:

Total $
There is no direct fiscal impact to the City as the franchisee is responsible for collecting all fees for solid waste and disposal. Administration of the franchise is accounted for in the City’s Solid Waste & Recycling program, included in the two-year Financial Plan on page 331.

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Item 5d

ALTERNATIVES
The City’s Municipal Code Section 8.04.070 provides a process for San Luis Obispo Garbage Company to collect payment for delinquent solid waste collection and disposal accounts. The City Council could choose not to approve the recommended action if it believes San Luis Garbage Company has not taken the actions prescribed in the Municipal Code. Based on the information provided to the City, staff has determined that San Luis Garbage Company has taken the actions prescribed in the Municipal Code to collect delinquent solid waste collection and disposal accounts.

ATTACHMENTS
A - Draft Resolution authorizing the collection of delinquent Solid Waste Collection and Disposal Accounts

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R _______
RESOLUTION NO. _______ (2022 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, AUTHORIZING THE SAN LUIS OBISPO

COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT

SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS

AGAINST THE PROPERTIES
WHEREAS, Section 8.04.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for their services, and that owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once each year, the franchisee may take actions to collect fees from the owners of developed properties which have delinquent solid waste collection and disposal accounts; and
WHEREAS, the franchisee, San Luis Garbage Company, has taken the actions required within Section 8.04.070 of the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the San Luis Obispo County Assessor is hereby authorized to assess the amounts due on delinquent accounts as established and certified by franchisee San Luis Garbage Company as liens against the properties listed below.

Property Owner Parcel Number Property Address Amount

HILLVIEW CARSON CITY
LLC C/O KIM ZANKICH 052-091-014 1218 BOND ST $606.26

TIM & MARY RILEY
FAMILY TRUST 052-033-075 491 N CHORRO ST $491.26
OKUMURA, DANIEL 003-538-007 871 BUCHON ST $405.82
YANG, CHIN 053-514-013 1789 SINGLETREE CT $377.44
LITTLEJOHN, DOUGLAS 002-334-006 1343 HIGUERA ST $363.24 SNYDER, CHARLES 053-182-029 3191 S HIGUERA ST $350.00
SNYDER, CHARLES 003-645-008 1815 CHORRO ST $248.22

WEST PARK
PROPERTIES LLC 003-514-023 570 PACIFIC ST $204.00

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Resolution No. _______ (2022 Series) Page 2
Property Owner Parcel Number Property Address Amount

DANA WINDES (TE) C/O
GEORGINA WALTERS 053-300-020 1286 CHAPARRAL CIR $140.38 RETTING, ROBERT 053-262-025 25 LOS VERDES DR $96.38
Upon motion of _______________________, seconded by
_______________________, 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

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Item 5e
Department: Utilities
Cost Center: 6107
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Tina Clark, Solid Waste and Recycling Coordinator SUBJECT: ADOPT THE SECOND AMENDED AND RESTATED JOINT POINT

POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE

MANAGEMENT AUTHORITY FOR THE CITIES OF SAN LUIS OBISPO

COUNTY, CALIFORNIA

RECOMMENDATION
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the second amended and restated Joint Powers Agreement to establish an Integrated Waste Management Authority for the cities of San Luis Obispo County, California.”

DISCUSSION
On April 13, 2022, the San Luis Obispo County Integrated Waste Management Authority (IWMA) approved a second amended and restated Joint Powers Agreement (JPA) to establish an Integrated Waste Management Authority for the Cities of San Luis Obispo County to include amendments reflecting the County’s withdrawal from the agency.

Following multiple member agency meetings and discussions surrounding the changes to the document, the IWMA has subsequently released this document to its member agencies for adoption by resolution (Attachments A, B & C).

Background
In 1994, the City of San Luis Obispo, along with the cities Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and the County of San Luis Obispo, formed the IWMA to provide regional coordination and economies of scale in meeting the requirements of the California Integrated Waste Management Act of 1989 and subsequent legislation by entering a JPA. In 2001, a Memorandum of Agreement (MOA) was established between the represented Cities, County, and certain special districts within San Luis Obispo County to allow for special districts to be represented on the IWMA Board.

San Luis Obispo County Withdrawal Prompts IWMA JPA Amendment On September 14, 2021, the County Board of Supervisors voted to withdraw from the IWMA effective November 15, 2021. On October 19, 2021, the City Council adopted Resolution No.11283, stating the City’s intent to remain a member of the IWMA provided the following conditions were satisfied (Attachment D):

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Item 5e

1. Remove the five County Supervisors as voting board members of the IWMA effective immediately.

2. Remove the eight-member (super-majority) voting provision stated in Section 8.5 of the existing Agreement.

3. Add a provision to the Agreement which clearly and directly limits the IWMA’s ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of the State requirements.

4. Specify the City of San Luis Obispo as the “designee” under the California Government Code which simply enables the IWMA to exercise both latent and articulated powers for solid waste management otherwise permitted by the powers of the City of San Luis Obispo.

On November 16, 2022, the City Council adopted the Second Amendment to the initial JPA (Attachment E) and the First Amendment to the MOA (Attachment F). These documents satisfied conditions No. 1, No. 2, and No. 4 listed above. On November 10, 2022, the IWMA initiated the formation of an Ad Hoc Committee to further revise the initial JPA as other cities had expressed similar concerns to condition No. 3, limiting the future scope of IWMA services to meeting State mandates only. Thus, the City Council authorized the Mayor to execute future Amendments to the initial JPA and MOA, provided they were consistent with Council Resolution No. 11283 and addressed condition No. 3.

This item is being brought back to Council for consideration as the amended and restated JPA released by the IWMA exceeds the guidelines outlined in Resolution No. 11283.

IWMA Ad Hoc Committee Review and Final JPA Amendments
The Ad Hoc Committee completed its work this spring and after several rounds of deliberations, the IWMA Board approved the release of the amended and restated JPA at its April 13, 2022 meeting. The amendment incorporates special district representation on the IWMA Board and exceeds the requirements specified in condition No. 3. In addition to limiting the IWMA’s powers to addressing state-mandated legislative and regulatory requirements only, the JPA calls for the IWMA to establish a budget and a purchasing policy that requires Board consideration of the minimum work required to meeting these requirements in the most demonstratively cost-effective way possible. In addition to the City of San Luis Obispo, the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, and Pismo Beach must also approve the amended and restated agreement to become effective. Staff anticipates approval by all Member Agencies.

Previous Council or Advisory Body Action
The following summarizes previous City Council action as described above.  October 19, 2021 – adopted Resolution No.11283 stating the City’s intent to remain a member of the IWMA provided certain conditions were met.  November 16, 2021 – adopted the Second Amendment to the JPA and the MOA which satisfied conditions No’s. 1, 2, & 4 and authorized the Mayor to execute additional JPA and MOA amendments provided they were consistent with Resolution No. 11283 and addressed condition No. 3.

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Item 5e
Policy Context
The City’s Climate Action Plan Pillar 5: Circular Economy lists waste diversion as a means of achieving greenhouse gas emissions goals. Participation in the IWMA’s outreach and education, implementation, monitoring, and compliance programs has allowed the City to make progress towards meeting these goals with regional impact.

Public Engagement
As this is an administrative item, no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.

CONCURRENCE
The City’s Finance Department and Attorney’s Office concur with the findings of this report.

ENVIRONMENTAL REVIEW
The recommended actions are not a project as defined under CEQA Guidelines Section 15738.

FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:

Total $ $ $ $
There is no fiscal impact associated with the recommended action. The IWMA’s 5.4%- member agency gross hauler receipts fee was included in the Integrated Solid Waste Rate adopted by City Council on April 19, 2022.

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Item 5e

ALTERNATIVES

1. Council could decide to no longer be a Member Agency of the Integrated Waste Management Authority. Staff does not recommend this action because it would require the City to assume full responsibility for the implementation of all State legislative mandates related to solid waste and recycling such as AB 939, AB 1826, and SB 1383.

2. Council could decide to not accept the new JPA and either propose changes to it or recommend keeping the previous version. Staff does not recommend this action as the other Member Agencies are anticipated to support the new JPA, and approval by all Member Agencies is required for the new JPA to become effective.

ATTACHMENTS
A - Draft Resolution adopting the second amended and restated JPA B - Exhibit A to the Resolution – Joint Powers Agreement C - Joint Powers Agreement (Redline)
D - Resolution No.11283 (2021 Series)
E - Second Amendment to the JPA
F - First Amendment to the MOA

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R ______
RESOLUTION NO. _____ (2022 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, ADOPTING THE SECOND AMENDED AND

RESTATED JOINT POWERS AGREEMENT TO ESTABLISH AN

INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES

OF SAN LUIS OBISPO COUNTY, CALIFORNIA
WHEREAS, as on May 10, 1994, an agreement was executed by and between the incorporated cities of San Luis Obispo County (“Cities”) and the County of San Luis Obispo forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purpose of facilitating the development of waste diversion programs and projects that provide economies of scale without interfering with individual agencies’ exercise of power within their own jurisdiction (hereinafter referred to as the “JPA Agreement”); and WHEREAS, pursuant to the JPA Agreement, the power to perform the responsibilities of the joint powers authority was vested in the San Luis Obispo County Integrated Waste Management Authority Board of Directors (“IWMA Board”); and WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was executed by and between the Cities, the County of San Luis Obispo, and certain special districts within San Luis Obispo County that possessed solid waste authority (“Authorized Districts”), amending the JPA Agreement to include the Authorized Districts for representation on the IWMA Board (also known as the First Amendment to the JPA Agreement); and
WHEREAS, in or around October On October 19, 2021, the City Council adopted Resolution No.11283, authorizing the City to remain a member of the San Luis Obispo County Integrated Waste Management Authority (“IWMA”) provided certain conditions were satisfied; and
WHEREAS, in or around April 13, 2022, the IWMA Board considered and approved amendments to the JPA Agreement (“Second Amended and Restated JPA”), including those reflecting the withdrawal of San Luis Obispo County from the IWMA, and directed IWMA staff to circulate it to Participating Agencies for approval (a true and correct copy of the Second Amended and Restated JPA is attached hereto as Exhibit A); and WHEREAS, the Second Amended and Restated JPA shall amend the JPA Agreement and shall be considered a Memorandum of Understanding between the Cities and the Authorized Districts to enable and allow one (1) representative of the Authorized Districts to participate in the governance of the IWMA as a member agency pursuant to Section 40977 of the Public Resource Code to represent the interests of all Authorized Districts; and

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Resolution No. _____ (2022 Series) Page 2
R ______
WHEREAS, all Authorized Districts are encouraged to execute the Second Amended and Restated JPA prior to October 15, 2022, or otherwise pursue means by which to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future state-mandated laws, rules and regulations; and WHEREAS, the City Council of the City of San Luis Obispo desires to acknowledge, accept, and agree to be bound by the terms and conditions of the Second Amended and Restated JPA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City of San Luis Obispo acknowledges, accepts, and agrees to be bound by the terms and conditions as set forth in Exhibit A.

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

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JOINT POWERS AGREEMENT

TO ESTABLISH AN

INTEGRATED WASTE MANAGEMENT AUTHORITY

FOR THE CITIES OF

SAN LUIS OBISPO COUNTY, CALIFORNIA

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- 1 -

SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

TO ESTABLISH AN

INTEGRATED WASTE MANAGEMENT AUTHORITY

FOR THE CITIES OF SAN LUIS OBISPO COUNTY, CALIFORNIA
THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT is made and entered into this on _________________________________, by and between the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo California, hereinafter called “Cities.” WHEREAS, on May 10, 1994, an agreement was executed by and between the Cities and the County of San Luis Obispo (“County”) forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code section 6500 et seq., for the purpose of facilitating the development of waste diversion programs and projects that provide economies of scale without interfering with individual agencies’ exercise of power within their own jurisdiction (hereinafter referred to as the “Original JPA Agreement”); and WHEREAS, pursuant to the Original JPA Agreement, the member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (“IWMA”); and
WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was executed by and between the Cities, the County, and certain special districts within the County (“Authorized Districts”) amending the Original JPA Agreement to include the Authorized Districts for representation on the IWMA Board; and
WHEREAS, on or about November 15, 2021, the County withdrew from the IWMA; and the Cities and Authorized Districts determined that a single regional agency remained advantageous to advise, plan for, and implement solutions to common solid waste and a waste diversion efforts; and
WHEREAS, the IWMA was originally formed to meet the requirements of the California Integrated Waste Management Act (California Public Resources Code section 40000 et seq.) and all regulations adopted under that legislation require, among other things, that certain public agencies in California make adequate provision for solid waste management within their jurisdictions; and
WHEREAS, since the IWMA’s formation, Assembly Bill 341 (Chesbro, 2011) (Recycling of Commercial Solid Waste (“MCR”)) was signed into law and established requirements for jurisdictions to implement a commercial solid waste recycling program designed to divert commercial solid waste; and

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- 2 -
WHEREAS, since the IWMA’s formation, Assembly Bill 1826 (Chesbro, 2014) (Recycling of Commercial Organic Waste (“MORe”)) was signed into law and established the requirement for jurisdictions to implement an organic waste recycling program to divert organic waste generated by businesses; and
WHEREAS, since the IWMA’s formation, Senate Bill 1383 (Lara, 2016) was signed into law requiring jurisdictions to implement organic waste diversion programs that include providing organic waste collection services to businesses and residences, edible food recovery goals, public education and outreach, contamination monitoring and sampling activities, recordkeeping and reporting, organic materials and edible food recovery, infrastructure capacity planning, procurement of recovered organic waste products, and enforcement; and WHEREAS, the Cities and Authorized Districts continue to believe that by combining their separate powers they can achieve their waste diversion goals and satisfy the requirements of the Integrated Waste Management Act and other legislation more effectively than if they exercise those powers separately; and
WHEREAS, the Cities affirm, that pursuant to this Second Amended and Restated Joint Powers Agreement, the IWMA remains a regional agency in accordance with Public Resources Code section 40970 et seq.; and
WHEREAS, pursuant to Section 40977, the Cities shall include one (1) Authorized District to be included as a member in the IWMA regional agency for the purpose of representation on the IWMA Board of Directors; and
WHERAS, the Authorized District “member” may change from time to time; the current elected or appointed Authorized District representative shall represent the collective interests of all Authorized Districts; and
WHEREAS, this Second Amended and Restated Joint Powers Agreement shall be considered a Memorandum of Understanding between the Cities and the Authorized Districts to enable and allow one (1) representative of the Authorized Districts to participate in the governance of the IWMA as a member agency pursuant to Section 40977 of the Public Resource Code to represent the interests of all Authorized Districts; and WHEREAS, the Cities and the Authorized Districts (together “Participating Agencies”) desire to establish and confer upon a separate legal entity the powers necessary to enable them to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future statemandated laws, rules and regulations to the extent allowed by law and by the terms and conditions of this Second Amendment; and
WHEREAS, the Participating Agencies desire to avoid a series of amendments to the Agreement over time due to future state-mandated legislation and programs, and as such, the parties desire to authorize the IWMA Board to enact policies, resolutions, and ordinances as are necessary to ensure and oversee compliance with any and all future state-mandated programs related to solid waste, recycling, waste diversion, and any other purpose of the Authority as provided in this Agreement.

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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION 1. Definitions.

To the extent that any of the following definitions conflict with any definition set forth in the California Integrated Waste Management Act, (Pub. Resources Code, § 40000 et seq.), and the Regulations promulgated thereunder, said Act and/or Regulations shall take priority. The terms defined in this Section that begin in this Agreement with quotation marks have the following meanings:

1.1 “Act” means the California Integrated Waste Management Act of 1989 (Pub. Resources Code, § 40000 et seq.) and all regulations adopted under that legislation, as that legislation and those regulations may be amended from time to time.

1.2 “Agreement” means this Second Amended and Restated Joint Exercise of Powers Agreement, as it may be amended from time to time.

1.3 “Authority” means the San Luis Obispo County Integrated Waste Management Authority, a joint exercise of powers agency created by the Members pursuant to this Agreement.

1.4 “Authorized Districts” means certain special districts with solid waste authority participating in the IWMA through this Second Amended and Restated Joint Powers Agreement, including but not limited to the Avila Beach Community Services District, California Valley Community Services District, Cambria Community Services District, Cayucos Sanitary District, Ground Squirrel Hollow Community Services District, Heritage Ranch Community Services District, Los Osos Community Services District, Nipomo Community Services District, Oceano Community Services District, San Miguel Community Services District, San Simeon Community Services District, and Templeton Community Services District, or other qualified agencies that may later determine to become a Participating Agency by execution of this Agreement.

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1.5 “Authorized District Representative” means the representative, or alternate, elected or appointed by the Authorized Districts to represent the Authorized Districts’ interests as a member of the IWMA regional agency pursuant to Section 40977 of the Public Resources Code.

1.6 “Board” means the Board of Directors of the Authority

1.7 “CalRecycle” means the California Department of Resources Recycling and Recovery.

1.8 “City” means any Participating Agency that is a city, and “Cities” means all of the Participating Agencies that are Cities.

1.9 “Composting Facility” means a facility at which composting is conducted and which produces a product meeting the definition of compost in Public Resources Code (PRC) section 40116. (“Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. “Compost” includes vegetable, yard and wood wastes which are not hazardous waste, and biosolids where combined with other organic materials in a mixture that consists largely of decayed organic matter, and is used for fertilizing and conditioning land.)

1.10 “Executive Director” means the person hired and appointed by the Board as the Authority's chief administrative officer to administer the affairs of the Authority and to implement the policies of the Board.

1.11 “Fiscal Year” means the period commencing on each July 1 and ending on the following June 30.

1.12 “HHW” means household hazardous waste as described in the household hazardous waste element as required by the Act (Pub. Resources Code, § 40000 et seq.), as that element may be amended from time to time.

1.13 “HHWE” means the Household Hazardous Waste Element as required by the Act (Pub. Resources Code, § 40000 et seq.) as that element may be amended from time to time.

1.14 “IWMA” means the Authority as defined herein.

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1.15 “IWMA Region” means the jurisdictional territory and boundaries of all Participating Agencies.

1.16 “Joint Facilities” means a materials recovery facility, composting or HHW Facility, or other facility developed for the purpose of complying with requirements established by state legislation or the regulations of CalRecycle, or combination thereof, which is owned by some or all of the Participating Agencies directly, or by the Authority, or by a private entity, or a public agency, for the benefit of some or all of the Participating Agencies.

1.17 “Members” means the Cities who are members of this regional agency, formed pursuant to Public Resources Code section 40970 et seq, and the one (1) Authorized District Representative pursuant to Public Resources Code section 40977.“MRF” means a “materials recovery facility” which means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting. (Title 14, Ch. 9, Art. 3, Section 18720, “Definitions.”) "MRF" also means a transfer station which is designed to, and, as a condition of its permit, shall recover for reuse or recycling at least 15 percent of the total volume of material received by the facility. (Pub. Resources Code, § 50000(a)(4).)

1.18 “Participating Agency” or “Participating Agencies” means and shall include the Cities and the Authorized Districts who are signatories to this Agreement, delegating powers to the Authority pursuant to this Agreement, and participating in the governance of the IWMA.

1.19 “NDFE” means a Nondisposal Facility Element as required by the Act (Pub.

Resources Code, § 40000 et seq.), as that element may be amended from time to time.

1.20 “Revenue Bonds” means revenue bonds, notes, certificates of participation and any other instruments and evidences of indebtedness issued by the Authority from time to time pursuant to the law or any other applicable law in order to finance the MRF, any Joint Facilities or any Sole Use Facilities.

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1.21 “Sole Use Facilities” means an integrated resource recovery facility, performing one or more of the functions of a MRF, composting or HHW Facility which is located within the boundary of the Authority and is owned by one Participating Agency or a private entity, but in all events is operated for the benefit of the residents and/or constituents of the IWMA Region.

1.22 “Solid Waste Landfill” shall have the meaning set forth in Section 40195.1 of the Public Resources Code, as that section may be amended from time to time.

1.23 “SRRE” means a Source Reduction And Recycling Element as required by the Act (Pub. Resources Code, § 40000 et seq.), as that element may be amended from time to time.

SECTION 2. Purpose.

Government Code section 6500 et seq. provides that two or more public agencies by agreement may jointly exercise any power common to the contracting parties. Public Resources Code section 40977 authorizes a district to be included as a member of a regional agency. Public Resources Code section 40976 authorizes a city or county to enter into a memorandum of understanding with another city, county, or district for the purpose of preparing and implementing source reduction and recycling elements or a countywide integrated waste management plan. It is the intent of the Participating Agencies to utilize these statutory authorizations in this Agreement.

The Participating Agencies enter this Agreement with the intent to operate the Authority in compliance with the requirements of the Act and other state legislation, with a minimum level of staff, addressing those operations and programs that can be most cost-effectively handled at the regional level by maximizing local resources, private sector participation, and contract services provision. The duties and responsibilities of each Participating Agency are described in the applicable adopted plans. The Authority is formed with the purpose and intent of facilitating the development of programs and projects related to waste diversion for the benefits of the residents and/or constituents of the IWMA Region that provide economies of scale without interfering with individual agencies' exercise of power within their own jurisdiction.

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SECTION 3. Creation of Authority.

3.1 The Cities hereby re-create and re-establish an authority and public entity to continue to be known as the “San Luis Obispo County Integrated Waste Management Authority,” (hereinafter referred to as the “Authority” or “IWMA”) it being understood that the Board shall be entitled to change the Authority's name from time to time. The Authority shall be a public entity separate from each of the Cities and the Authorized Districts.

3.2 The Authority shall constitute and remain as a regional agency pursuant to Public Resources Code section 40970 et seq. The regional agency shall include one (1) Authorized District Representative as a member pursuant to Public Resources Code section 40977. Said regional agency, and not the Participating Agencies of the regional agency, shall be responsible for compliance with the waste diversion requirements set forth in Public Resources Code, Article 1 of Chapter 6 (commencing with Section 41780). In the event that the regional agency fails to comply with said waste diversion requirements, it is expressly understood and agreed that Section 14 of this Agreement shall provide for indemnification for the benefit of the regional agency and its Participating Agencies as specifically set forth therein.

3.3 The assets, rights, debts, liabilities, and obligations of the Authority shall not constitute assets, rights, debts, liabilities, or obligations of any of the Participating Agencies.

However, nothing in this Agreement shall prevent any Participating Agency from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of the Authority, provided that both the Board and that Participating Agency approve such contract or assumption in writing.

3.4 This Second Amended and Restated Joint Powers Agreement shall take effect upon its adoption by each of the Cities. The Authorized Districts, and each of them, may elect to participate in the IWMA by execution of this agreement wherein they shall be bound by its terms and conditions. All prior agreements, including the MOA, shall be extinguished upon the execution of this Agreement by the Cities.

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SECTION 4. Inclusion of the Authorized Districts.

4.1 This Second Amended and Restated Joint Powers Agreement shall be considered a Memorandum of Understanding between the Cities and the Authorized Districts to allow one (1) representatives of the Authorized Districts to participate in the governance of the IWMA pursuant to Section 40977 of the Public Resources Code. Participation of the Authorized Districts is limited to special districts within San Luis Obispo County that possess solid waste authority. The Authorized District Representative shall have all the governing rights and powers granted to an IWMA City Member. This Second Amended and Restated Joint Powers Agreement shall supersede, replace, and supplant the Memorandum of Agreement executed by and between the Cities, the County, and the Authorized Districts in or around 2001.

4.2 Authorized Districts, collectively,shall appoint or elect one representative and one alternate to represent the Authorized Districts on the IWMA Board of Directors.

Authorized District Representative shall be limited to elected or appointed officials of an Authorized District. Said representatives shall represent the collective interests of all Authorized Districts. The selected Authorized District Representative shall serve a defined term, if so determined by the Authorized Districts, or so long as they hold an elected or appointed office with their Participating Agency, or until they resign or are removed prior to the end of their term. The Authorized District Representative alternate shall be entitled to vote on IWMA matters only in the absence of the Authorized District Representative.

4.3 The Authorized Districts, as Participating Agencies, shall have no individual powers and/or authority other than through the Authorized District Representative.

SECTION 5. Term.

The Authority is and remains effective as of the date of this Agreement. It shall continue until dissolved in accordance with Section 15 of this Agreement. However, in no event shall the Authority be dissolved if its dissolution would conflict with or violate the terms or conditions of any Revenue Bonds or related documentation including, without limitation, indentures, resolutions, and letter of credit agreements.

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SECTION 6. Powers.

6.1 The Authority is empowered to acquire, construct, finance, refinance, operate, regulate and maintain a Solid Waste Landfill, transfer station, MRF, composting, HHW, or Joint Facilities and Sole Use Facilities subject, however, to the conditions and restrictions contained in this Agreement. The Authority shall also have the power to plan, study and recommend proper solid waste management consistent with the Act and other legislation and, to the extent permitted by the Act and this Agreement, implement plans approved by the IWMA and the programs specified in the state approved and locally adopted SRREs, the HHWE, the NDFE, and the Countywide or Regional Siting Element for all or any portion of the area included within the IWMA Region. Notwithstanding any other provisions of this Agreement, the Authority shall not acquire, regulate, set fees for, or operate any solid waste landfills, recycling, or composting facilities owned or operated by Participating Agencies without the express written consent of such Participating Agency.

6.2 To the full extent permitted by applicable law, the Authority is authorized, in its own name, to do all acts necessary or convenient for the exercise of such powers that each Member could exercise separately including, without limitation, any and all of the following:
(a) to make and enter into contracts;
(b) to apply for and accept grants, advances and contributions; (c) to contract for the services of engineers, attorneys, accountants, planners, consultants, fiscal agents and other persons and entities; (d) to make plans and conduct studies;
(e) to acquire, improve, hold, lease and dispose of real and personal property of all types;
(f) to sue and be sued in its own name;
(g) to incur and discharge debts, liabilities and obligations; (h) to establish rates, tolls, tipping fees, other fees, rentals and other charges in connection with the Authority’s facilities identified in Paragraph 6.1 herein, as well as any and all services and programs provided and/or implemented by the Authority;

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(i) to hire agents and employees;
(j) to exercise the power of eminent domain for the acquisition of real and personal property;
(k) to issue Revenue Bonds, grant or bond anticipation notes, or other governmental financing instruments, in accordance with all applicable laws for the purpose of raising funds to finance or refinance the acquisition, construction, improvement, renovation, repair, operation, regulation or maintenance of the facilities identified in Paragraph 6.1 herein or as otherwise deemed necessary or beneficial to the Authority;
(l) to sell or lease the facilities identified in Paragraph 6.1 herein; (m) to loan the proceeds of Revenue Bonds to any person or entity to finance or refinance the acquisition, construction, improvement, renovation or repair of the facilities identified in Paragraph 6.1 herein; (n) to provide that the holders of Revenue Bonds, whether directly or through a representative such as an indenture trustee, be third party beneficiaries of any of the obligations of any Member to the Authority and to covenant with the holders of any Revenue Bonds on behalf of any such Member to perform such obligations and comply with any agreements that Member may have with the Authority;
(o) to prepare and implement plans and programs as deemed necessary and/or beneficial to the Authority in carrying out the purposes of this Agreement;
(p) to provide public education, outreach, and marketing activities in support of diversion and edible food recovery programs; (q) to enter into memorandums of understanding with other regional agencies, cities, counties, and special districts;

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(r) to adopt, as authorized by California law, ordinances as are necessary to ensure and oversee compliance with any and all current and future state-mandated legislation and programs related to solid waste, recycling, and waste diversion;
(s) to act as the delegate, on behalf of the Participating Agencies, for the responsibilities of compliance, monitoring, reporting, and education of all state-mandated legislation, including, but not limited to the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, and Senate Bill 1383.

6.3 Such powers shall be exercised subject only to the limitations set forth in this Agreement, applicable law, and such restrictions upon the manner of exercising such powers as are imposed by law in the exercise ofsimilar powers. The Authority hereby designates the City of San Luis Obispo as the Member required to be designated by Section 6509 of the California Government Code. Should the Participating Agencies desire to designate an alternative agency for the purposes of Section 6509, such new designation may be changed by resolution of the Participating Agencies without need for an amendment to this Agreement.

6.4 This Agreement shall not limit the ability of the Participating Agencies to plan, administer, implement, and otherwise conduct waste management and other related local programs as deemed appropriate by the agency and consistent with the purpose and intent of this Agreement.

SECTION 7. Expressed Limitation of Powers.

The Authority’s power to adopt, impose, implement, and/or comply with regulations and ordinances is expressly limited to state-mandated legislation and regulations related to solid waste, recycling, organic waste, and waste diversion. The Authority shall establish a budget policy requiring Board consideration of the minimum work required to comply with state mandates and regulations in the most demonstrably cost-effective way possible. Said policy shall not preclude other requirements such as Board consideration of the equitable distribution of services throughout the IWMA Region and program enhancements that are funded by grant

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revenues and/or reimbursements from Participating Agencies. Additionally, the IWMA shall establish a purchasing policy with a similar provision when preparing scopes of work for consultants and independent contractors who are engaged in implementing the Authority’s projects and programs. Notwithstanding the foregoing, all existing IWMA ordinances, rules, and regulations, whether or not mandated by the state, shall remain in full force and effect and not subject to this limitation of power unless otherwise determined by the Board.

SECTION 8. Boundaries.

The boundaries of the Authority shall be the boundaries of the Cities and the Authorized Districts identified herein as the IWMA Region. In the event a Participating Agency withdraws from the Authority, the boundaries shall be modified to exclude the area of the withdrawing agency. In the event a qualified city or district joins the Authority, the boundaries shall be modified to include the area of the joining Participating Agency. Section 8 shall not prevent the Authority’s use and/or operation of facilities outside of its boundaries within the County of San Luis Obispo.

SECTION 9. Organization.

9.1 The Board. The Authority shall be governed by the Board, which shall exercise or oversee the exercise of all powers and authority on behalf of the Authority.

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said alternate shall be an elected or appointed official and shall be able to vote only in the absence of the official representative.
(b) Authorized Districts. The Authorized Districts shall be collectively represented on the Board by one (1)
representative and one (1) alternate elected or appointed by and among themselves. The Authorized District
Representative shall have all rights, power, and authority granted to a City representative. The Authorized District alternate shall be elected or appointed officials and entitled to vote only in the absence of the official Authorized District Representative.
(c) Representatives of the shall be appointed to serve on the Board in accordance with procedures established by each of the governing bodies of their respective agencies, except that the Authorized District Representative and alternate shall be elected or appointed pursuant to Section 4. Representatives shall serve so long as they hold office with their member agency, until they shall resign or are removed by a majority vote of their member agency, or pursuant to a set term
established by their member agency. Vacancies among
representatives or alternates shall be filled in the same manner as the first appointment.
(d) Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Executive Director of the Authority by the appointing agency. (e) In addition to the incorporated Cities and Authorized Districts presently a party to this Agreement, any other city or qualified special district which may desire to participate in the activities

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of the Authority may do so by executing this Agreement
without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution.
(f) Membership and/or participation of any Participating Agency shall be contingent upon the execution of this Second
Amended and Restated Joint Powers Agreement, as same may be further amended from time to time, with no requirement to execute the Original JPA or any prior amendments thereto.

9.3 Principal Office. The principal office of the Authority shall be located at 870 Osos Street, San Luis Obispo, CA 93401. The Board may change that principal office upon giving at least 15 days' notice to each Participating Agency and to CalRecycle.

9.4 Officers.
(a) The officers of the Board shall consist of a President and Vice President elected for a term of one year by a majority vote of the Board
(b) Both the President and Vice President of the Board shall be elected at the last meeting preceding July of each year. (c) The officers shall serve until their successors are elected. (d) The duties of the officers shall be as follows:
1) President
a) Shall preside over all meetings of the Board.
b) Shall appoint all ad hoc committees subject to
ratification by the Board.
c) Shall be an ex-officio member of all
committees.

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d) Shall execute all contracts and legal documents
on behalf of the Authority except those that
have been delegated to the Executive Director
through purchasing policies or other actions of
the Board of Directors.
2) Vice President
a) Shall serve as President pro-tem in the absence
of the President.
b) Shall give whatever aid necessary to the
President.
c) Shall be an ex-officio member of all
committees.
d) In the event of a vacancy occurring in the office
of either the President or Vice President upon
said officer's death, resignation, removal or
his/her ceasing to be an official representative
of a member agency, such vacancy will be filled
by majority vote of the Board, the officer
elected to serve for the balance of the
unexpired term.

9.5 Executive Director. The Board shall employ or contract for the services of a general manager (the “Executive Director”) who shall be the chief administrative officer of the Authority. The Authority shall select a qualified Executive Director using professional personnel standards and an open competitive process. The Executive Director shall plan, organize and direct the administration and operations of the Authority, either directly or by means of delegation to IWMA staff, shall advise the Board on policy matters, shall recommend an administrative structure to the Board, shall hire and discharge administrative staff, shall develop and recommend budgets, shall reply to communications on behalf of the Authority, shall approve payments of amounts duly authorized by the Board, shall implement Board policy, shall

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carry out such other duties that may be assigned to the Executive Director by the Board from time to time, and shall attend meetings of the Board and committees as directed.

9.6 Committees.
(a) Committees, subcommittees, and advisory committees may be established as the Board may deem appropriate.
(b) Membership on “ad-hoc” policy committees shall be at the discretion of the President, subject to ratification by the Board, and consisting of less than a quorum of the Board.

Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member
agencies. The President may appoint any individual deemed qualified to serve on a committee.
(c) Standing Committees shall include an Executive Committee and other committees as established by the Board. The
composition and bylaws of the standing committees shall be established by the Board by resolution. All Standing
Committee meetings shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et seq. of the
California Government Code) and other applicable laws of the State of California.

SECTION 10. Meetings of the Board.

10.1 Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et seq. of the California Government Code) and other applicable laws of the State of California.

10.2 Regular Meetings. The Board shall hold at least four regular meetings each year. The date upon which, and the hour and place at which, each regular meeting shall be fixed by resolution of the Board.

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10.3 Special Meetings. Special meetings of the Board may be called in accordance with the provisions of the California Government Code.

10.4 Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et seq. of the California Government Code) and other applicable laws of the State of California.

10.5 Minutes. The Executive Directorshall cause minutes of all meetings of the Board and any standing committees of the Board to be kept and shall, after each meeting and approval of the Board, cause a copy of the minutes to be forwarded to each Participating Agency.

10.6 Quorum and Voting. For purposes of conducting business, there shall be present a quorum consisting of a majority of the Board. Each director shall have one vote. No action shall be effective without the affirmative votes of a majority of those present. The Board shall adopt such procedures as are consistent with this Agreement and applicable law and are necessary or helpful in conducting the business of the Authority in an orderly manner.

10.7 Budget. The Cities and the County have entered into a Memorandum of Agreement among the County of San Luis Obispo and the Cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo for the Establishment and Payment of Landfill Tipping Fee Surcharges To Support The San Luis Obispo Integrated Waste Management Authority (the “MOA”). Pursuant to the MOA, those members of the Authority having jurisdiction over such matters have agreed to establish tipping fee surcharges (the “Tipping Fee Surcharges”) which shall be paid into a Solid Waste Authority— Trust Fund (as defined in the MOA) for the purposes therein. (a) A line item and program budget for the Authority's operations shall be adopted by the Board for the ensuing Fiscal Year prior to June 30 of each year. All costs incurred by the Authority shall be set forth in the budget and shall be paid out of the solid waste fund derived from tipping fee surcharges and other sources as approved by the Board.

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The line item and program budget shall be submitted in draft form to all Participating Agencies for review and comment prior to adoption.

The line item and program budget shall include sufficient detail to constitute an operating guideline, the anticipated sources of funds, and the anticipated expenditures to be made for the operations of the Authority and the administration, maintenance and operating costs of the facilities identified in Paragraph 6.1 herein. Any budget for Sole Use Facilities shall be maintained separately. Approval of the line item and program budget by the Board shall constitute authority for the Executive Director to expend funds for the purposes outlined in the approved budget, subject to the availability of funds. (b) A budget for the acquisition, construction, or operation of facilities, or for contracting for the acquisition, construction, or operation of facilities, identified in Paragraph 6.1 herein shall be adopted by the Board before the Authority commits any acquisition or construction funds or contracts. It may be amended if and when determined by the Board. Approval of the budget(s) for the facilities identified in Paragraph 6.1 herein shall constitute authority for the Executive Director (or any trustee or other fiduciary appointed by the Authority) to receive state or federal grant funds and proceeds of Revenue Bonds and to expend funds for the acquisition,
construction, or operation of the facilities identified in Paragraph 6.1 herein.

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(c) A budget(s) governing the acquisition, construction, or operation of Sole Use Facilities may be adopted by the
affected Participating Agency or Agencies. When such
budgets are adopted by affected parties, appropriate
accounts shall be established by the Authority and
designated as such participant or participant’s fund.

Disbursement of such funds by the Authority shall be made only upon receipt of written authorization from the
designated finance officer of the affected Participating Agency or Agencies. Receipts and disbursements for the
acquisition or construction of Sole Use Facilities may also be made directly by the affected Participating Agency or
Agencies, in which case such budgets shall not be a part of the budget of the Authority.

10.8 Rules of Procedure. The Board shall from time to time, establish written rules and procedures for the conduct of their meetings.

SECTION 11. Joint Operating Fund and Contributions.

The Authority shall have the power to establish a joint operating fund. The fund shall be used to pay all administrative, operating, and other expenses incurred by the Authority. Funding shall be on an enterprise basis or as determined by the Board. All monies in the joint operating fund shall be paid out by the Auditor-Controller / Treasurer for the purposes for which the fund was created upon authorization by the President of the Board and approval by the Executive Director of demands for payment, or as otherwise authorized by resolution of the Board filed with the Auditor-Controller / Treasurer. No Participating Agency shall be obligated to make any contributions of funds to the Authority for facilities to be established in accordance with Section

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an independent certified professional accountant to conduct annual fiscal audits as required by applicable statute or legislation and report the results of such audit to the Board.

11.1 Auditor-Controller / Treasurer. The Auditor-Controller / Treasurer of San Luis Obispo County shall be the Auditor-Controller / Treasurer of the Authority. The AuditorController / Treasurer shall preform all responsibilities and obligations as provided in Government Code section 6505.5. To the extent a conflict exists between this Section 11 and the Government Code, the Government Code shall control.

11.2 Notwithstanding Sections 11.1 above, designation of the AuditorController / Treasurer may be changed from time to time by resolution of the Board without necessitating amendment to this Agreement.

SECTION 12. Records and Accounts.

This Section and Section 11 are intended to ensure strict accountability of all funds of the Authority and to provide accurate reporting of receipts and disbursements of such funds. The Authority shall maintain accurate and correct books of account, showing in detail the costs and expenses of any service or acquisition and construction and the maintenance, operation, regulation and administration of any service or Joint Facilities or Sole Use Facilities, and all financial transactions of the Participating Agencies relating to any service or Joint Facilities or Sole Use Facilities. Books and records shall be established and maintained in accordance with generally accepted accounting principles promulgated by the California State Controller's Office and the Governmental Accounting Standards Board. The books of account shall correctly show any receipts and any costs, expenses, or charges to be paid by all or any of the Participating Agencies. The books of account shall be open to inspection at all times by a representative or agent of any of the Participating Agencies. In addition, if required by any resolution authorizing the issuance of Revenue Bonds, the Authority shall maintain appropriate books, records, accounts and files relating to each project as required by such resolution which shall be open to inspection by holders of Revenue Bonds if and to the extent, and in the manner, provided in the resolution.

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SECTION 13. Rates and Fees.

The Authority shall be funded by a combination of rates, fees, and other funding mechanisms as allowed by applicable authority. Use of revenue from rates and fees shall not be restricted based upon the funding mechanism. The Authority shall establish and regulate rates and/or tipping fees at facilities within the County of San Luis Obispo,such as landfills or other collection sites, for (1) the operation, acquisition, construction, repair, and maintenance of new and existing facilities; (2) the implementation of state legislation and regulations; (3) the operation of programs, education, outreach, monitoring and enforcement efforts; and (4) the preparation, adoption, and implementation a regional management plan.

The Authority may impose fees in amounts sufficient for (1) the implementation of state legislation and supporting programs; (2) education outreach, monitoring, reporting and compliance efforts; (3) the preparation, adoption, and implementation of a regional management plan; and (4) any other purposes as provided for by this Agreement. Revenue generation may include fees imposed on “Haulers” (defined as companies with an agreement with a governmental entity for the collection of solid waste, recyclables, or green waste in San Luis Obispo County), assessments, or any other funding mechanism as allowed by applicable authority. Rates and fees shall be set or modified by resolution only.

Prior to the Authority increasing rates or fees, or imposing new rates or fees, the Authority shall provide the Participating Agencies with all necessary facts, data, information and analyses related to justification and/or explanation of the proposed rates and fees that meet all applicable legal requirements to support their adoption. The Authority shall coordinate with the Participating Agency managers in this regard to ensure the facts, data, information and analyses provided by the Authority is adequate to enable the Participating Agencies to implement the Authority’s proposed rates and fees through the Proposition 218 process, if deemed applicable to a Participating Agency by that Agency; however, determinations regarding the application of Proposition 218 to any proposed increased rate or fee shall be made solely by each Participating Agency with no Authority representations of any kind.

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The Authority shall establish a rate and/or fee setting policy which shall govern the obligations of the Authority to its Participating Agencies in the implementation of any new or increased rates or fees.

SECTION 14. Failure to Meet Waste Stream Requirements.

The Authority shall be entitled to cause the waste streams of each Participating Agency to be monitored, pursuant to procedures approved by the Board, in order to determine whether state waste diversion requirements are being met. If the waste stream diversion of any Participating Agency fails to meet any such requirements, including but not limited to taking all actions necessary to comply with state mandates, that Participating Agency shall be solely responsible for any and all resulting liabilities, damages, fines, criminal and civil sanctions, and costs and expenses. That Participating Agency shall also indemnify and hold the Authority and the other Participating Agencies harmless from and against any and all liabilities, damages, fines, sanctions, costs and expenses that are incurred as a result of the violation or a claimed violation including, without limitation, all fees and costs of legal counsel. If two or more Participating Agencies are responsible for a failure to meet any such requirements or are claimed to have violated any such requirements, the Participating Agencies responsible for the violations or which are the subject of such claims shall be responsible to, and shall indemnify, the Authority and the other Participating Agencies in proportion to their relative responsibility for the violations or claimed violations. Upon notification of any such violation or claim, the Participating Agency or Agencies shall take such prompt, corrective action as is necessary to meet the requirements. Nothing in this Section shall preclude one or more Participating Agencies or the Authority from imposing or establishing additional incentives to meet waste diversion requirements.

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SECTION 15. Withdrawal and Dissolution.

15.1 The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official appointed representatives of the Authority or any committee or subcommittee thereof who shall act for and on behalf of their Participating Agency in any or all matters which shall come before the Authority, subject to any necessary approval of their acts by the governing bodies of the Participating Agencies.

15.2 Any party to this Agreement may withdraw from the Authority, upon providing six (6) months’ prior written notice, and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the Participating Agency shall have no effect on the continuance of this Agreement among the remaining Participating Agencies, and the Agreement shall remain in full force and effect with respect to the remaining Participating Agencies. No withdrawal shall become effective until six (6) months after receipt of the written notice by the Authority.

15.3 A Participating Agency which has withdrawn from the Authority shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to the Authority. The Authority may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Authority. If any Participating Agency fails to pay a required contribution, as determined by the Board, that Participating Agency shall be provided with a sixty (60) day written notice and an opportunity to cure. If the Board determines that the Participating Agency has failed to cure or negotiate a cure within sixty (60) days following delivery of the written notice shall be deemed a voluntary withdrawal from the Authority.

15.4 The Authority may be dissolved at any time and this Agreement terminated by a joint agreement duly-approved and executed by a majority of the Members which are parties hereto. Said termination agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of the Authority in proportion to the contributions made by the Participating Agencies. In the event the Authority is dissolved, the individual Participating Agencies shall be responsible for complying with the

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requirements of the Act as included in the approved SRREs, HHWE, NDFE, Countywide or Regional Siting Element and Integrated Waste Management Plan in addition to compliance with all waste management related legislation.

SECTION 16. Amendments Including Termination.

This Agreement may only be amended or terminated by a written instrument executed by a majority of the Members and meeting the requirements imposed by the terms or conditions of all Revenue Bonds and related documentation including, without limitation, indentures, resolutions, and letter of credit agreements. Notwithstanding the foregoing, no amendment or termination shall require any Participating Agency to contribute any funds to the Authority or become directly or contingently liable for any debts, liabilities or obligations of the Authority without the consent of that agency evidenced in a written instrument signed by a duly authorized representative of that Participating Agency.

SECTION 17. Filing with the Secretary of State.

The Secretary shall file all required notices with the Secretary of State in accordance with California Government Code sections 6503.5 and 53051
SECTION 18. Notices.

All notices which any Participating Agency of the Authority may wish to give in connection with this Agreement shall be in writing and shall be served by personal delivery, by electronic mail, or by US mail addressed to the Participating Agency, or Participating Agencies, or the Authority at its principal office, or to such other address as the Authority or Participating Agency or Participating Agencies may designate from time to time by written notice given in the manner specified in this Section. Service of notice pursuant to this Section shall be deemed complete on the day of service by personal delivery (but 24 hours after such delivery in the case of notices of special meetings of the Board), two days after mailing if deposited in the United States mail, or in 24 hours if provided by electronic mail.

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SECTION 19. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the Participating Agencies. However, no Participating Agency shall assign any of its rights under this Agreement except to a duly formed public entity organized and existing under the laws of the State of California approved by a majority of the voting Directors who do not represent the assigning Participating Agency. No assignment shall be effective unless and until the Authority, the Participating Agencies, and the proposed assignee comply with all then applicable requirements of law relating to changes in the composition of entities such as the Authority if and when they have Revenue Bonds outstanding and with the terms and conditions of all Revenue Bonds and related documentation including, without limitation, indentures, resolutions and letter of credit agreements.

SECTION 20. Severability
Should any part, term, sentence, or provision of this Agreement be decided by a final judgment of a court or arbitrator to be illegal or in conflict with any law of the State of California or otherwise be unenforceable or ineffectual, the validity of its remaining parts, terms, sentences, and provisions shall not be affected and the Participating Agencies represent that they would have adopted this Agreement even without the ineffectual or non-valid provision(s).

SECTION 21. Section Headings.

All section headings contained in this Agreement are for convenience and reference. They are not intended to define or limit the scope of any provision of this Agreement.

SECTION 22. Effective Date.

This Agreement shall take effect upon its execution by all Members, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in counterparts which together shall constitute a single agreement.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written.

CITY OF SAN LUIS OBISPO
By: ___________________________ Date: ________________________ Erica A. Stewart, Mayor
ATTEST
By: ___________________________ Resolution No. _________ (2022 Series) Teresa Purrington, City Clerk

APPROVED AS TO FOR AND LEGAL EFFECT
By: ___________________________ Date: __________________________ J. Christine Dietrick, City Attorney

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- 1 -

PARTICIPATING AGENCIES
CITIES
Arroyo Grande
Atascadero
El Paso de Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo

AUTHORIZED DISTRICTS
Avila Beach CSD
California Valley CSD
Cambria CSD
Cayucos Sanitary District
Ground Squirrel Hollow CSD
Heritage Ranch CSD
Los Osos CSD
Nipomo CSD
Oceano CSD
San Miguel CSD
San Simeon CSD
Templeton CSD

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JOINT POWERS AGREEMENT

TO ESTABLISH AN

INTEGRATED WASTE MANAGEMENT AUTHORITY

FOR THE CITIES OF

SAN LUIS OBISPO COUNTY, CALIFORNIA
Deleted: AND COUNTY

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- 1 -

SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

TO ESTABLISH AN

INTEGRATED WASTE MANAGEMENT AUTHORITY

Deleted: WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public
agencies to jointly exercise any power common to the
contracting parties, subject to certain mandatory provisions contained therein; and ¶
WHEREAS, it is desirable
Deleted: be created by and with the consent of CITIES and COUNTY…
Deleted: suggest,
Deleted: problems; assist with programs by utilizing the professional talents of the various governmental
jurisdictions in the County and of experts in various other fields and to coordinate their
Deleted: WHEREAS,
Deleted: requires
Deleted: CITIES
Deleted: COUNTY have the power to plan, acquire,
construct, maintain, manage, regulate, operate and control facilities…
Deleted: the collection, transportation, processing and disposal of the …
Deleted: , including recyclables,

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- 2 -
WHEREAS, since the IWMA’s formation, Assembly Bill 1826 (Chesbro, 2014) (Recycling of Commercial Organic Waste (“MORe”)) was signed into law and established the requirement for jurisdictions to implement an organic waste recycling program to divert organic waste generated by businesses; and
WHEREAS, since the IWMA’s formation, Senate Bill 1383 (Lara, 2016) was signed into law requiring jurisdictions to implement organic waste diversion programs that include providing organic waste collection services to businesses and residences, edible food recovery goals, public education and outreach, contamination monitoring and sampling activities, recordkeeping and reporting, organic materials and edible food recovery, infrastructure capacity planning, procurement of recovered organic waste products, and enforcement; and WHEREAS, the Cities and Authorized Districts continue to believe that by combining their separate powers they can achieve their waste diversion goals and satisfy the requirements of the Integrated Waste Management Act and other legislation more effectively than if they exercise those powers separately; and
WHEREAS, the Cities affirm, that pursuant to this Second Amended and Restated Joint Powers Agreement, the IWMA remains a regional agency in accordance with Public Resources Code section 40970 et seq.; and
WHEREAS, pursuant to Section 40977, the Citiesshall include one (1) Authorized District to be included as a member in the IWMA regional agency for the purpose of representation on the IWMA Board of Directors; and
WHERAS, the Authorized District “member” may change from time to time; the current elected or appointed Authorized District representative shall represent the collective interests of all Authorized Districts; and
WHEREAS, this Second Amended and Restated Joint Powers Agreement shall be considered a Memorandum of Understanding between the Cities and the Authorized Districts to enable and allow one (1) representative of the Authorized Districts to participate in the governance of the IWMA as a member agency pursuant to Section 40977 of the Public Resource Code to represent the interests of all Authorized Districts; and WHEREAS, the Cities and the Authorized Districts (together “Participating Agencies”) desire to establish and confer upon a separate legal entity the powers necessary to enable them to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future statemandated laws, rules and regulations to the extent allowed by law and by the terms and conditions of this Second Amendment; and
WHEREAS, the Participating Agencies desire to avoid a series of amendments to the Agreement over time due to future state-mandated legislation and programs, and as such, the parties desire to authorize the IWMA Board to enact policies, resolutions, and ordinances as are necessary to ensure and oversee compliance with any and all future state-mandated programs related to solid waste, recycling, waste diversion, and any other purpose of the Authority as provided in this Agreement.

Deleted: within their jurisdictions
Deleted: CITIES and COUNTY
Deleted: CITIES and COUNTY intend by this Agreement to
exercise their respective powers jointly and to exercise such additional powers as are available for the purpose of
achieving their waste diversion goals, complying with the Integrated Waste Management Act and developing
integrated resource recovery facilities for the benefit of all CITIES and COUNTY; and¶
WHEREAS, the CITIES and COUNTY intend,
Deleted: to establish
Deleted: Section 40973;
Deleted: the CITIES and COUNTY intend,
Deleted: this agreement and Public Resources Code
Deleted: 40973, that said regional agency, and not the
CITIES and COUNTY which are members of the regional
agency,…
Deleted: responsible for compliance with the waste
diversion requirements set forth
Deleted: Public Resources Code, Article 1
Deleted: Chapter 6 (commencing with
Deleted: 41780);
Deleted: CITIES
Deleted: COUNTY
Deleted: .

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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION 1. Definitions.

1.2 “Agreement” means this Second Amended and Restated Joint Exercise of Powers Agreement, as it may be amended from time to time.

1.3 “Authority” means the San Luis Obispo County Integrated Waste Management Authority, a joint exercise of powers agency created by the Members pursuant to this Agreement.

Deleted: PRC Sec.

Deleted: California Public
Deleted: Sections

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- 4 -

1.6 “Board” means the Board of Directors of the Authority

1.7 “CalRecycle” means the California Department of Resources Recycling and Recovery.

1.8 “City” means any Participating Agency that is a city, and “Cities” means all of the Participating Agencies that are Cities.

1.11 “Fiscal Year” means the period commencing on each July 1 and ending on the following June 30.

1.13 “HHWE” means the Household Hazardous Waste Element as required by the Act (Pub. Resources Code, § 40000 et seq.) as that element may be amended from time to time.

1.14 “IWMA” means the Authority as defined herein.

Deleted: Member
Deleted: Members
Deleted: cities
Deleted: <#>“County” means the unincorporated areas of
San Luis Obispo County, California.¶
Deleted: California Public
Deleted: Sections
Deleted: California Public
Deleted: Sections

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- 5 -

1.15 “IWMA Region” means the jurisdictional territory and boundaries of all Participating Agencies.

1.19 “NDFE” means a Nondisposal Facility Element as required by the Act (Pub.

Resources Code, § 40000 et seq.), as that element may be amended from time to time.

Deleted: located within the boundary of the Authority and is …
Deleted: members
Deleted: members
Deleted: <#>“Manager” means the person hired and
appointed by the Board as the Authority's administrative officer to administer the affairs of the Authority and to effect the policies of the Board.¶
“Member” means any of the signatories to this Agreement and “Members” means all of the signatories to this
Agreement.¶
“
Deleted: <#>(PRC
Deleted: California Public
Deleted: Sections

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- 6 -

1.22 “Solid Waste Landfill” shall have the meaning set forth in Section 40195.1 of the Public Resources Code, as that section may be amended from time to time.

1.23 “SRRE” means a Source Reduction And Recycling Element as required by the Act (Pub. Resources Code, § 40000 et seq.), as that element may be amended from time to time.

SECTION 2. Purpose.

Deleted: member
Deleted: one
Deleted: more, but not all,
Deleted: Members
Deleted: California Public
Deleted: Sections
Deleted: This Agreement is entered into for the purposes of providing for the joint exercise of certain powers
common to the Members and for the exercise of such
additional powers as are conferred by law in order to
achieve our waste diversion goals. The Members are each empowered by the laws of the State of California to exercise the powers specified in this Agreement and to comply with the provisions of the Act and other laws. These common
powers shall be exercised for the benefit of any one or more of the Members or otherwise in the manner set forth in this Agreement.¶
¶
The members enter the agreement
Deleted: city and the County

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SECTION 3. Creation of Authority.

3.3 The assets, rights, debts, liabilities, and obligations of the Authority shall not constitute assets, rights, debts, liabilities, or obligations of any of the Participating Agencies.

Deleted: Members
Deleted: )
Deleted: if it so chooses.

Deleted: Members
Deleted: Section 40973.

Deleted: CITIES and COUNTY which are members
Deleted: the
Deleted: 12
Deleted: members
Deleted: Members.

Deleted: Member
Deleted: Member

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SECTION 4. Inclusion of the Authorized Districts.

4.2 Authorized Districts, collectively,shall appoint or elect one representative and one alternate to represent the Authorized Districts on the IWMA Board of Directors.

4.3 The Authorized Districts, as Participating Agencies, shall have no individual powers and/or authority other than through the Authorized District Representative.

SECTION 5. Term.

Moved (insertion) [1]
Deleted: shall become
Deleted: 13

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SECTION 6. Powers.

Deleted: agreement
Deleted: member jurisdictions
Deleted: member(s).

Deleted: , including contracts with any Member
Deleted: Authority's
Deleted: 5

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Deleted: 5.1 herein
Deleted: 5
Deleted: 5
Deleted: .

Page 101 of 542 ends

SECTION 7. Expressed Limitation of Powers.

Deleted: County

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SECTION 8. Boundaries.

SECTION 9. Organization.

9.1 The Board. The Authority shall be governed by the Board, which shall exercise or oversee the exercise of all powers and authority on behalf of the Authority.

9.2 Participating Agencies.
(a) Cities. City membership in the Authority shall be voluntary, but only the cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for
membership in the Authority as a regional agency. City
representatives to the Authority shall consist of one (1) member from the governing body of each incorporated City within the boundaries of the County of San Luis Obispo which is a party to this Agreement. The Cities may elect to have an alternate member(s) in addition to any official member, but Moved (insertion) [2]
Deleted: <#>If and to the extent the Authority exercises a power granted to it under this Agreement and the exercise of a like power by one or more Members within its or their boundaries would be inconsistent with or likely to interfere with the exercise of that power by the Authority, that
Member or those Members shall not exercise that power;
provided, however, that nothing in this Agreement shall limit a Member's right or that of any commission, agency or other body or authority of any Member to adopt, amend or implement zoning, building, land use or safety ordinances, laws or regulations with respect to real estate located within its boundaries upon which a facility identified in Paragraph 5.1 and paragraph 52 (j) is or will be located.¶ Moved up [1]: <#>¶

SECTION
Deleted: <#>6.

Moved up [2]: <#>Boundaries.¶
Deleted: <#>The boundaries of the Authority shall be the boundaries of San Luis Obispo County. In the event a
member…
Deleted: <#>member. Section 6 shall not prevent any
facility identified in Paragraph 5.1 herein from being located outside the boundary of the Authority.

Deleted: 7
Deleted: Membership
Deleted: Membership
Deleted: County of San Luis Obispo and all
Deleted:

Page 103 of 542 ends

Deleted: or
Deleted: be
Deleted: .

Deleted: <#>Member agencies may elect to have
an alternate member(s) in addition to any official
member, but said alternate shall be an elected
official and shall be able to vote only in the
absence of the official representative.¶
Deleted: <#>
Deleted: <#>Manager
Deleted: cities
Deleted: which may hereafter be incorporated
within the boundaries of the County of San Luis
Obispo and…

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Deleted: of
Deleted: and subsequent annual ratification
Deleted: established by the Board within the boundary of the Authority.…
Deleted: Member and to the California Integrated Waste
Management Board…
Deleted: -
Deleted: member agency representatives to the
Authority…
Deleted: -
Deleted: said
Deleted: as Chairman
Deleted: <#>Shall exercise general
supervision over all activities of said
Authority.¶

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Deleted: Manager
Deleted: manager
Deleted: Manager

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- 16 -
carry out such other duties that may be assigned to the Executive Director by the Board from time to time, and shall attend meetings of the Board and committees as directed.

SECTION 10. Meetings of the Board.

Deleted: Manager
Deleted: and
Deleted: a Solid Waste Technical Advisory
Committee.…
Deleted: 8
Deleted: held shall be

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- 17 -

10.3 Special Meetings. Special meetings of the Board may be called in accordance with the provisions of the California Government Code.

Deleted: Section 54956 of
Deleted: California
Deleted: Manager
Deleted: member
Deleted: voting
Deleted: representatives, including one COUNTY
representative. Each representative
Deleted: However, eight (8) affirmative votes shall be
required for taking any action in the event any Member
demands such a vote. …
Deleted: representatives to the Authority
Deleted: to conduct
Deleted: ,
Deleted: Authority

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- 18 -
The line item and program budget shall be submitted in draft form to all Participating Agencies for review and comment prior to adoption.

Deleted: member agencies
Deleted: 5
Deleted: Manager
Deleted: but
Deleted: 5
Deleted: budgets
Deleted: 5
Deleted: Manager
Deleted: 5

Page 109 of 542 ends

10.8 Rules of Procedure. The Board shall from time to time, establish written rules and procedures for the conduct of their meetings.

SECTION 11. Joint Operating Fund and Contributions.

6.1 or pay any other amounts on behalf of the Authority, other than as required by this Section 11, without that Participating Agency’s consent evidenced by a written instrument signed by a duly authorized representative of that Participating Agency. The Authority shall contract with Deleted: Member
Deleted: Members
Deleted: members
Deleted: Member's
Deleted: Members'
Deleted: Member
Deleted: Members
Deleted: Member
Deleted: Members
Deleted:

Deleted: 9
Deleted: member agencies.

Deleted: Controller and Manager
Deleted: Member
Deleted: 5
Deleted: 9
Deleted: Member's
Deleted: Member.¶
¶

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- 20 -
an independent certified professional accountant to conduct annual fiscal audits as required by applicable statute or legislation and report the results of such audit to the Board.

SECTION 12. Records and Accounts.

Deleted: the Public Utilities Code Section 99245
Deleted: :¶
Receive and receipt
Deleted: money of
Deleted: Authority
Deleted: place it in
Deleted: Treasury of San Luis Obispo County to
Deleted: credit of the Authority
Deleted: Be responsible for
Deleted: safekeeping and disbursement of all
Authority money held by him/her. Pay any sums
due from the Authority, from Authority funds held
by him/her or any portion thereof, upon warrants
of the Controller designated herein. ¶
Invest funds.¶
The Authority shall reimburse the Treasurer for
the actual cost of services rendered.¶
¶
Controller. The
Deleted: of the County of San Luis Obispo shall
Deleted: the Controller for the Authority. The
Controller shall:¶
Draw warrants
Deleted: pay demands against the Authority
when the demands have been approved by the
Authority …
Deleted: and/or the Manager. He/She shall be
responsible on his/her official bond for his/her
approval of the disbursement of Authority money.¶
Keep and maintain records and books of accounts
including keeping separate sub accounts of tipping
fee surcharges and other revenues deposited into
the Solid Waste Authority Trust Fund and
...

Deleted: a certified public accountant or public
...

Deleted: <#>Verify and report in writing as soon
...

Deleted: 10
Deleted: 9
Deleted: insure
Deleted: joint use
Deleted: sole use facility
Deleted: Members
Deleted: joint use
Deleted: sole use facility
Deleted: Members
Deleted: Members.

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- 21 -
SECTION 13. Rates and Fees.

Deleted: 11
Deleted: to be charged
Deleted: the new
Deleted: identified in Paragraph 5.1 herein in amounts
sufficient to discharge all indebtedness and liabilities relating to agencies under contract to provide efficient operation of facilities,
Deleted: and
Deleted: of facilities (including, without limitation, any Revenue Bonds issued in connection therewith), and to
accommodate the planning and
Deleted: activities required by the Act.

Page 112 of 542 ends

SECTION 14. Failure to Meet Waste Stream Requirements.

Deleted: 12
Deleted: Member
Deleted: Member
Deleted: Member
Deleted: Member
Deleted: Members
Deleted: Members
Deleted: Members
Deleted: Members
Deleted: Member
Deleted: Members
Deleted: Members

Page 113 of 542 ends

- 23 -
SECTION 15. Withdrawal and Dissolution.

Deleted: 30 days
Deleted: member
Deleted: ¶
Deleted: party hereto
Deleted: its
Deleted: Authority, said entity
Deleted:

Deleted: to have voluntarily withdrawn
Deleted: COUNTY and CITIES
Deleted: Agreement
Deleted: .

Deleted: abolished
Deleted: member agencies

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SECTION 16. Amendments Including Termination.

SECTION 17. Filing with the Secretary of State.

The Secretary shall file all required notices with the Secretary of State in accordance with California Government Code sections 6503.5 and 53051
SECTION 18. Notices.

Deleted: 14
Deleted: all
Deleted: Member
Deleted: Member
Deleted: Member
Deleted: 15
Deleted: Sections
Deleted:

Deleted: 16
Deleted: Member or
Deleted: during usual business hours at the principal office of the Member or Authority, to an officer or person
apparently in charge of that office, or
Deleted: depositing the same in the United States
Deleted: postage prepaid, and
Deleted: Member or
Deleted: Member
Deleted: ) or
Deleted: day

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- 25 -
SECTION 19. Successors and Assigns.

SECTION 21. Section Headings.

All section headings contained in this Agreement are for convenience and reference. They are not intended to define or limit the scope of any provision of this Agreement.

SECTION 22. Effective Date.

Deleted: 17
Deleted: Members.

Deleted: Member
Deleted: Voting
Deleted: Member.

Deleted: Members
Deleted: 18
Deleted: .

Deleted: 19
Deleted: 20
Deleted: the chairman or mayor and clerks of the
governing bodies of the County of San Luis Obispo and at least four (4) cities
Deleted: eight (8)

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- 26 -
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written.

APPROVED AS TO FOR AND LEGAL EFFECT
By: ___________________________ Date: __________________________ J. Christine Dietrick, City Attorney

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- 1 -

PARTICIPATING AGENCIES
CITIES
Arroyo Grande
Atascadero
El Paso de Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo

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R 11283
RESOLUTION NO. 11283 (2021 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, TO REMAIN A MEMBER AGENCY OF THE SAN

LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT

AUTHORITY JOINT POWERS AUTHORITY (JPA) PROVIDED CERTAIN

CONDITIONS ARE SATISFIED
WHEREAS, the Integrated Waste Management Authority (“ IWMA”) is a JPA comprised of the County of San Luis Obispo, (“County”) seven local agencies (Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo) and a representative of the Community Services District. The IWMA manages, on behalf of its members, hazardous waste, universal waste, solid waste, recycling, and food/green waste; and
WHEREAS, the IWMA is a way for JPA members to pool resources and costeffectively comply with various solid waste and other regulations including, but not limited to, Senate Bill (SB) 1383, the recently enacted Short Lived Climate Pollutants regulations.

The IWMA staff is responsible for administration of over 40 different solid waste programs including household hazardous waste collection, electronics waste collection, and sharps disposal, and many of which require public education and outreach, monitoring, and reporting to the State; and
WHEREAS, the City supports the IWMA through payment of solid waste management fees imposed on all solid waste ratepayers; and WHEREAS, the IWMA is presently helping all member agencies comply with SB 1383, which is the most significant change to solid waste regulations in 30 years. SB 1383 requires jurisdictions to implement an organic waste diversion program that includes providing organic waste collection services to businesses and residences, edible food recovery goals, public education and outreach, contamination monitoring and sampling activities, recordkeeping and reporting, organic and edible food recovery, infrastructure capacity planning, procurement of recovered organic waste products, and enforcement; and
WHEREAS, in October 2019, the IWMA passed a countywide ordinance banning polystyrene products. The ordinance was controversial because it exceeded State requirements. In March 2020, the IWMA board opted to delay implementation of the ordinance by 12 months. In November 2020, the IWMA board adopted a new strategic plan that committed the agency to implementing and not exceeding State regulatory requirements. In April 2021, the IWMA board considered revoking the polystyrene product ban. However, the ban was upheld after invocation of a Supermajority provision written into the JPA; and
DocuSign Envelope ID: C2E5642C- 9E6E-4811-BC05- 1DFAA74E733A

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Resolution No. 11283 (2021 Series) Page 2
R 11283
WHEREAS, a series of events contributed to the County commissioning a thirdparty study of costs for the County to withdraw from the IWMA and independently fulfill all essential functions of the IWMA. The study assessed additional costs of $1.6 to $2.1 million per year to unincorporated rate payers and staffing of five new full-time positions to fulfill the programmatic needs for compliance with State mandates. According to the study, to cover projected cost increases, the County would need to immediately increase solid waste rates by 10% to 12% for residents in unincorporated areas; and WHEREAS, on August 10, 2021, the County Board of Supervisors held a hearing to decide whether to withdraw from the IWMA. The County Board of Supervisors voted to withdraw from the IWMA and implement an independent county solid waste compliance program; and
WHEREAS, the County’s analysis and subsequent August 10, 2021 decision to withdraw did not include policy analysis or consideration regarding how withdrawal would financially impact remaining JPA member rates; and
WHEREAS, on September 14, 2021, the County Board of Supervisors passed a resolution to formally notify the IWMA of its intent to withdraw on November 15, 2021.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. The City hereby declares intent to remain a member agency of the San Luis Obispo County Integrated Waste Management Authority (IWMA) subject to the following conditions:
a) The IWMA Joint Powers Authority Agreement shall be revised as follows:
i) Remove the five County Supervisors as voting board members of the IWMA effective immediately; and
ii) Remove the eight-member voting provision stated in Section 8.5; and iii) Add a provision to the Agreement which clearly and directly limits the IWMA’s ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of the State requirements. b) The revised JPA Agreement must be fully executed as soon as possible. c) The IWMA must also take the following actions:
i) Begin recruitment and diligently pursue hiring a permanent Executive Director as soon as practical; and
ii) Hire a third-party firm with solid waste management expertise to analyze fees, staffing structures and make recommendation for any programs and services that are not required by, or are in excess of, State solid waste regulations. The report shall identify potential cost saving measures and the Board shall evaluate and implement those recommendations to reduce costs and minimize expenses. The report must be completed and distributed to all JPA members.

DocuSign Envelope ID: C2E5642C- 9E6E-4811-BC05- 1DFAA74E733A

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Resolution No. 11283 (2021 Series) Page 3
R 11283
SECTION 2. This Resolution shall take effect on the date it is approved. The City Manager or their designee is directed to deliver this approved resolution to the IWMA’s Acting Executive Director and Executive Committee.

Upon motion of Vice Mayor Christianson, seconded by Council Member Shoresman, and on the following roll call vote:

AYES: Council Member Marx, Pease, and Shoresman, Vice Mayor Christianson, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of October 2021.

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
DocuSign Envelope ID: C2E5642C- 9E6E-4811-BC05- 1DFAA74E733A 10/ 21/ 2021 | 7: 45 AM PDT

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1 SECOND AMENDMENT TO THE

SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY ("IWMA") JOINT POWERS AGREEMENT
This Second Amendment to the Joint Powers Agreement ("Second Amendment") dated October 13, 2021, is made by and between the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, hereinafter called "Cities," and the County of San Luis Obispo, hereinafter called "County."

RECITALS
WHEREAS, on May 10, 1994, an agreement was executed by and between the Cities and the County forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purposes of facilitating the development of waste diversion programs and projects and of providing economies of scale on a regional basis (hereinafter referred to as the "JPA Agreement"); and
WHEREAS, in or around 2001, a memorandum of agreement ("MOA") was executed by and between the Cities, the County, and certain special districts within the County ("Authorized Districts") (collectively "parties") amending the JPA Agreement to include the Authorized Districts for representation on the IWMA Board ("First Amendment to the JPA Agreement"); and
WHEREAS, Section 7.2 (b) of the JPA Agreement provides that "[r]epresentatives to the Authority shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement . . ."; and
WHEREAS, Section 8.5 of the JPA Agreement provides that to establish a quorum of the IWMA Board, there must be present a majority of representatives, "including one COUNTY representative"; and
WHEREAS, on September 14, 2021, the County Board of Supervisors voted to withdraw from the IWMA with an effective date of November 15, 2021; and WHEREAS, to facilitate the continued operation of the IWMA Board of Directors without the County as a member jurisdiction, this Second Amendment to the JPA Agreement is necessary to (1) revise the representative members of the IWMA Board of Directors to eliminate the participation of the County Board of Supervisors; and (2) eliminate the requirement that a County representative is required to establish a quorum of the IWMA Board.

DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1

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2 NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Section 5.3 of the JPA Agreement is amended and restated as follows:

Such powers shall be exercised subject only to the limitations set forth in this Agreement, applicable law and such restrictions upon the manner of exercising such powers as are imposed by law upon the Members in the exercise of similar powers. In no event shall the Authority be authorized to exercise any power not expressly authorized. The Authority hereby designates the City of San Luis Obispo as the Member required to be designated by Section 6509 of the California Government Code.

2. Section 7.2 (b) of the JPA Agreement is amended and restated as follows:

Representatives of the CITIES shall be appointed to serve on the Board in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Authority shall consist of one member from the governing body of each incorporated city, within the boundaries of the County of San Luis Obispo, which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their member agency. Vacancies among representatives shall be filled in the same manner as the first appointment.

3. Section 8.5 of the JPA Agreement is amended and restated as follows:

8.5 Quorum and voting. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives. Each representative shall have one vote. No action shall be effective without the affirmative votes of a majority of those present. The representatives to the Authority shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of the Authority in an orderly manner.

4. All other terms and conditions of the JPA Agreement will remain in full force and effect.

5. Effective Date. This Second Amendment shall become effective upon the adoption and execution of all member agencies and the formal exit of the County of San Luis Obispo from the IWMA.

IN WITNESS WHEREOF, the parties have each caused this Second Amendment to the JPA to be executed by their duly authorized representative effective upon the execution by all member agencies.

DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1

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CITY OF SAN LUIS OBISPO
By: _________________________ Date: _______________________ Erica A. Stewart, Mayor
By: _________________________ Resolution No. 11283 (2021 Series) Teresa Purrington, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:

By: __________________________ Date: ________________________ J. Christine Dietrick, City Attorney
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1 11/17/2021 | 5:19 PM PST
11/23/2021 | 2:30 PM PST

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1 FIRST AMENDMENT TO THE

MEMORANDUM OF AGREEMENT BETWEEN THE MEMBER JURISDICTIONS OF THE

SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY

AND THE AUTHORIZED DISTRICTS
This First Amendment to the Memorandum of Agreement ("First Amendment to the MOA") is executed on the date below stated, by and between the Member Jurisdictions of the San Luis Obispo County Integrated Waste Management Authority (the County of San Luis Obispo and the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo) and the special district parties to the Memorandum of Agreement ("MOA") (Avila Beach Community Services District, California Valley Community Services District, Cambria Community Services District, Cayucos Sanitary District, Ground Squirrel Hollow Community Services District, Heritage Ranch Community Services District, Los Osos Community Services District, Nipomo Community Services District, Oceana Community Services District, San Miguel Community Services District, San Simeon Community Services District, and Templeton Community Services District (hereinafter "Authorized Districts")).

RECITALS
WHEREAS, on May 10, 1994, an agreement was executed by and between the incorporated cities of San Luis Obispo County and the County of San Luis Obispo forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purpose of facilitating the development of waste diversion programs and projects that provide economies of scale without interfering with individual agencies' exercise of power within their own jurisdiction (hereinafter referred to as the "JPA Agreement"); and
WHEREAS, pursuant to the JPA Agreement, the power to perform the responsibilities of the joint powers authority was vested in the San Luis Obispo County Integrated Waste Management Authority Board of Directors ("IWMA Board"); and WHEREAS, in or around 2001, an MOA was executed by and between the incorporated cities, the County of San Luis Obispo, and the Authorized Districts amending the JPA Agreement to include the Authorized Districts for representation on the IWMA Board ("First Amendment to the JPA Agreement"); and
WHEREAS, in or around October 13, 2021, the JPA Agreement was amended ("Second Amendment to the JPA Agreement") to reflect the County of San Luis Obispo's withdrawal from the IWMA (a true and correct copy of the Second Amendment to the JPA Agreement is attached hereto as Exhibit A); and
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1

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2 WHEREAS, by this First Amendment to the MOA, the parties hereto desire to acknowledge, accept, and agree to be bound by the terms and conditions of the Second Amendment to the JPA Agreement.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. The parties hereto desire to acknowledge, accept, and agree to be bound by the terms and conditions of the Second Amendment to the JPA Agreement.

2. All other terms and conditions of the MOA will remain in full force and effect.

This First Amendment to the MOA may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.

IN WITNESS WHEREOF, the parties have each caused this First Amendment to the MOA to be executed by their duly authorized representative effective upon the execution by all member agencies.

DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1

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1 SECOND AMENDMENT TO THE

Exhibit A
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1

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2 NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Section 5.3 of the JPA Agreement is amended and restated as follows:

2. Section 7.2 (b) of the JPA Agreement is amended and restated as follows:

3. Section 8.5 of the JPA Agreement is amended and restated as follows:

4. All other terms and conditions of the JPA Agreement will remain in full force and effect.

5. Effective Date. This Second Amendment shall become effective upon the adoption and execution of all member agencies and the formal exit of the County of San Luis Obispo from the IWMA.

IN WITNESS WHEREOF, the parties have each caused this Second Amendment to the JPA to be executed by their duly authorized representative effective upon the execution by all member agencies.

DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 21, 2022
TO: Mayor and Council
FROM: Matt Horn, Public Works Director
Greg Cruce, Deputy Director
VIA: Derek Johnson, City Manager
SUBJECT: ITEM #5f – AUTHORIZATION TO ACCEPT CARPETING DONATION THE

HISTORY CENTER OF SAN LUIS OBISPO COUNTY
Staff received a question asking for clarification on the process of the donor donating to the History Center for the carpeting replacement.

The donor will make the monetary donation for the carpet project to the History Center, who would in turn make a donation of new carpeting and associated labor to the City.

There could be many underlying benefits to providing a donation to the History Center and not directly the City. The three that were identified by staff are as follows:

1. The City has an agreement with the History Center to maintain and manage the property and they are best positioned to receive the donation and honor the wishes of the donor to quickly replace the carpet.

2. The donor could possibly receive a tax benefit as a direct donation to the City is not tax deductible. This path would involve the History Center, the donor, and the IRS. There are no legal underlying concerns with staff’s recommendation.

3. With the History Center taking the lead on this project and not the donor, the donor would not be required to enter into an agreement with the City and provide the necessary insurance requirements.

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Item 5f
Department: Public Works
Cost Center: 5005
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Greg Cruce, Deputy Director – Maintenance Operations SUBJECT: ACCEPT CARPETING DONATION FROM THE HISTORY CENTER OF

SAN LUIS OBISPO COUNTY

RECOMMENDATION

1. Accept a donation of new carpeting and associated labor for the Carnegie Library Museum; and

2. Authorize the Mayor to sign a Donation Agreement with the History Center of San Luis Obispo.

DISCUSSION
Built in 1905, the Carnegie Library building served as the City of San Luis Obispo Library until 1956, when library operations relocated to a larger building. Shortly after the move of the Library, the History Center (formerly known as the Historical Society) opened a museum in the building and has operated at this location ever since.

The City owns the building and the facility is operated by the History Center as our community partner. The City’s lease agreement with the History Center stipulates the City is responsible for unplanned repairs and planned upgrades to the building, while the History Center is responsible for the janitorial, landscape maintenance, and maintenance of any program related equipment.

In 1999, the building was seismically reinforced, renovated, and reopened to the community in fall of 2000. The current carpeting in the building was last upgraded during this project. The City has a five-year Capital Improvement Project forecast, and the carpet replacement for the Carnegie Library Museum is currently scheduled for FY 2025-26.

Recently, a long-time volunteer and donor to the History Center proposed to donate the funding necessary to replace the carpeting and the associated labor to move furniture for the project. As stated in the donation letter (Attachment A), the donor would donate the funding to the History Center, who would then sponsor the project. Since the carpet is a City maintenance responsibility in the lease agreement, this carpeting is in fact a donation to the City and therefore must follow the City’s Donation Acceptance Policy.

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Item 5f
Policy Context
In 1999, the City Council adopted Resolution 8965 adopting a City Donation Acceptance Policy (Attachment C) for donations more than $5,000. This policy stipulates requirements of the donations to ensure they are in the best interest of the City. The current donation proposal meets the requirements and intent of this policy.

CONCURRENCE
The City Administration, Attorney’s Office, and Public Works Department concur with acceptance of the donation.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed donation will have any effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3)).

FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $ $ $0
State
Federal
Fees
Other:

Total $ $ $ $0

ALTERNATIVES
Council could decide not to accept the donation at this time. This action is not recommended due to the donation meeting all objectives in the City’s donation policy and would be a welcomed improvement to the building.

ATTACHMENTS
A - Donation Letter
B - Donation Agreement
C - City Donation Policy
D - Carpet Quote
E - Furniture Moving Quote

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DONATION AGREEMENT
THIS AGREEMENT is made on ______________________________, between the CITY OF SAN LUIS OBISPO, a California charter city and municipal corporation ("City"), and HISTORY CENTER OF SAN LUIS OBISPO COUNTY, a California Nonprofit corporation ("Donor").

RECITALS:

WHEREAS, City is the owner of the historic Carnegie Library located at 696 Monterey Street St., in the City of San Luis Obispo, California, ("History Center"); and WHEREAS, Donor has offered to donate labor and material to the City in order to upgrade the existing floor coverings (carpet) at the History Center (the “Donation”), as further described in donation letter attached hereto and incorporated herein by reference as Attachment A ("Donation Letter"); and
WHEREAS, on September 7, 1999, the City Council of the City adopted Resolution 8965 (1999 Series) adopting a City Donation Acceptance Policy, which is attached hereto and incorporated herein as Attachment C ("Donation Policy"); and WHEREAS, City and Donor desire to enter into this Agreement to govern the Donations, in accordance with the Policy and applicable laws.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual terms and covenants hereinafter set forth, and other consideration, the sufficiency of which is hereby acknowledged, City and Donor hereby agree as follows:

Donor’s Responsibilities
A. Donor shall provide the Donations in accordance with the Scope of Work attached hereto as Exhibit A and with all applicable laws, regulations, and ordinances. The Donations shall be completed in a good and workmanlike manner and shall be subject to all warranties identified in the Scope of Work or other applicable laws.

B. Donor will obtain all permits required by applicable state, federal, or City laws or ordinances for completion of the Donations.

C. Donor will provide and complete the Donations at no cost to City, except that City agrees to waive permit processing and inspection fees for any required permits issued by City.

D. The Donations shall be completed no later than December 31, 2022. Work shall not start until all material has been received by the contractor. Work shall be completed within 20 working days of commencement and shall be limited to the hours of 7:00 am-5:00 pm at the History Center.

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E. Donor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City ordinances, regulations and adopted codes during its performance of the work addressed in this Agreement, including work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code.

F. Donor is responsible to indemnify, hold harmless, and defend City and each of its councilmembers, officers, employees, agents, and volunteers from any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty), including attorney's fees and litigation expenses, incurred by City, Donor, or any other person, arising or alleged to have arisen directly or indirectly out of: (a) the Donations; or (b) the breach or performance of this Agreement by Donor. The obligations of Donor under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents, or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused solely by the gross negligence or willful misconduct of City or any of its officers, officials, employees, agents, or volunteers.

G. Donor shall ensure their contractors maintain for the duration of the work performed pursuant to this Agreement the following insurance policies that comply with the following requirements:

1. Insurance Services Office Commercial General Liability insurance coverage ( occurrence form CG 0001) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance.

3. Donor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Donor's insurance and shall not contribute with it.

4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VI. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

II. City's Responsibilities
A. City acknowledges and agrees that the Donations are consistent with the Policy, subject to the provisions of this Agreement.

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B. City agrees to waive permit processing and inspection fees for all permits issued by City for the Donations.

C. City will own, operate, and maintain the Donation once installed at the History Center.

IV. Termination of Agreement
A. In the event of a substantial failure of performance by one party, this Agreement may be terminated by the other party upon written notice to the non-performing party.

B. In the event that this Agreement is terminated following commencement of work by Donor but prior to final inspection and approval of the Donations by City, City shall retain ownership of any work completed by Donor as of the date of termination.

C. In no event shall CITY be responsible to Donor for any damages resulting from termination of this Agreement.

V. General Provisions
A. Attorney Fees. In the event of any action between City and Donor seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

B. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event that suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the courts of the County of San Luis Obispo, State of California.

C. Notice. Notices and written communications sent by one party to the other must be personally delivered or sent by certified or registered U.S. Mail, return receipt requested, postage prepaid, to the following addresses (or such other addresses as may be designated by notice given in accordance with this paragraph):

To City: City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attention: Alejandro Hernandez
To Donor: The History Center of San Luis Obispo County
696 Monterey Street
San Luis Obispo, CA 93401
D. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

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E. Assignment. Donor may not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.

F. Compliance with Laws. Donor shall perform its obligations under this Agreement in accordance with all state, federal, and City laws, ordinances, rules, and regulations.

G. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and the remainder of the provisions of this Agreement shall continue in full force without impairment.

H. Entire Agreement. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein.

I. Modification. This Agreement shall not be amended in any way except by a writing signed by both parties.

IN WITNESS WHEREOF, City and Donor have executed this Agreement on the day and year first above written.

CITY:

CITY OF SAN LUIS OBISPO
__________________________
Mayor Erica A. Stewart
ATTEST:
___________________________
Terresa Purrington
City Clerk
APPROVED AS TO FORM:
____________________________
J. Christine Dietrick
City Attorney
DONOR:

HISTORY CENTER OF SAN LUIS OBISPO
____________________________________
Print Name: _________________________
Title: _______________________________

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Section 760

DONATION POLICY
RESOLUTION NO. 8965 (1999 Series)

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO

ADOPTING A CITY DONATION ACCEPTANCE POLICY
WHEREAS, individuals, community groups, and businesses may wish to make donations to the City in either cash or in-kind contribtLtions that enhance projects, facilities, and programs; and
WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and
WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations:
l. The donation must have a purpose consistent with City goals and objectives

2. The City may decline any donation without COIDII1ent or cause.

3. The donation will not be in conflict with any provision of the law.

4. The donation will be aesthetically acceptable to the City.

5. The donation will not add to the City's workload unless it provides a net benefit to the City.

6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted.

7. The donation places no restriction on the City, unless agreed to by the City Council.

8. The donation shall become property of the City.

9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of sign.age, marking, or naming. Any naming of Parks and Recreation facilities shall be consistent with City policy on the naming of such facilities as set forth in Resolution 8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided.

10. Donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council In-kind capital donations will be subject to normal City review, permitting, inspection, and insurance requirements.

Upon motion of Council Member Marx seconded by Council Member Ewan, and on the 760-1 Page 143 of 542
Donation Policy
Resolution No. 8965 (1999 Series)
Page2
following roll call vote:

AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September, 1999.

ATIEST:
r
APPROVED AS TO FORM:
760-2

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Small Business Certification # 2020417
March 23, 2022
Historical Museum
Furnish and install Mannington Strut color Swagger in all carpeted areas. $43,357
Second floor installed over rubber pad. Ground floor installed by direct glue method.

Furniture moving by F.I.Y. under direct contract with museum.

Includes removal and disposal of existing material.

Exclude back stairs.

Includes all material, shipping , taxes and labor.

Work do be performed during standard working hours.

Price is good until September 1st 2022.

John Sexton
Office: 805-544-0324 Ext. # 11 Cell: 805-459-2690 e-mail: [email protected] SERVING THE CENTRAL COAST SINCE 1947
Cinderella Carpet One Floor and Home
3510 Broad St. San Luis Obispo, Ca. 93401
Ph: 805-544-0324 Fax: 805-781-2663
Lic. # 1019196 C15 & C54
DIR # 1000043916

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Item 5g
Department: Public Works
Cost Center: 5006
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Greg Cruce, Deputy Director – Maintenance Operations SUBJECT: APPROVE A CITY SOLE SOURCE PURCHASE FOR BARRIERS TO

PROTECT PEOPLE FROM VEHICLES

RECOMMENDATION

1. Approve a City Sole Purchase in the amount of $331,279.73 to purchase barriers to protect people from vehicles from Meridian Rapid Defense Group; and

2. Authorize the Finance Director to execute and issue a Purchase Order upon approval.

DISCUSSION
Background
The City of San Luis Obispo is host to many festivals and events, including a weekly Farmer’s Market that is hosted by Downtown SLO. This popular event occurs every Thursday evening in the downtown and attracts both residents and visitors from all over the world, with crowds varying in size between 3,000 to 8,000 visitors per week depending on the time of year. After unfortunate incidents of vehicles entering pedestrian areas at similar events in the US, the City has chosen to take the necessary steps to enhance visitor safety at this event, as well as other events or large gatherings that may occur in the city.

As part of the 2019-21 Financial Plan, a CIP request was approved to fund a permanent installation of in-ground vehicle barriers to be used during the Market. As the design for this project was nearing completion, the city enacted the Fiscal Health Contingency Plan in response to the COVID-19 pandemic. Because of this, the project was deferred at that time. Since the deferral of the project, staff has researched other available options of anti-vehicle barricades that will offer the same protection to event visitors.

Last year, the City contacted Meridian Rapid Defense Group to request a demonstration of their patented Anti-Vehicle Barricades. A company representative visited San Luis Obispo with the product, which allowed the City to evaluate the product. After the assessment, staff found this alternate to permanent barriers as their preferred choice for the following reasons:

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Item 5g

1. Significant cost reduction as opposed to permanent in-ground barriers

2. No ongoing mechanical system maintenance

3. Zero risk of mechanical failure by water intrusion

4. Ability to use at other events throughout the City

5. Ease of loading and unloading barriers

6. Barriers do not require field assembly/disassembly, saving staff time for deployment and retrieval

7. Barriers do not impede on pedestrian traffic when placed in field

8. Ability to decorate barriers for different seasons and themes to provide a welcoming feel
The City purchased 16 of the Meridian Archer 1200 Anti Vehicle Barricades last year and has since designed, decorated, and are now implementing the barricades weekly at the north and south Higuera Street entrance to Farmer’s Market as well as other events when needed. Purchasing additional barricades will allow for a full closure of all Farmer’s Market entrances. The cost for these additional barricades were funded as part of the 2021-22 Mid-Year Budget.

Previous Council or Advisory Body Action
This funding was identified as part of the 2021-22 Mid-year Budget that was approved by the City Council.

Policy Context
The City of San Luis Obispo Municipal Code and Financial Management Manual designates the City Council as the approval authority for general goods with a value of $150,000 or higher.

Section 3.24.060 of the Municipal Code also list the bidding procedures required when making purchases for general goods. Due to the specialty nature of this product, it is currently only available from one manufacture. There are similar products on the market; however, staff has identified deployment timing, ADA and pedestrian access, and liability concerns with the other available products. Therefore, 3.24.060 (C) is applicable to this sole source purchase shown below:

3.24.060 Bidding procedures – Use of not required when.

Purchase of those items listed in Section 3.24.010 shall be by bid procedures set forth in this chapter. Such procedures may be dispensed with, at the discretion and judgment of the purchasing authority as to the best interests of the city, as follows:

A. When the amount to be expended is less than the bid requirement amount which shall be specified by resolution of the council;

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Item 5g
B. When an emergency purchase is made to address a situation that creates an immediate and serious need for equipment, supplies, or services that cannot be met through normal purchasing procedures and where the lack of such equipment, supplies or services would seriously threaten the functioning of city government, the preservation of property, or the health or safety of any person;
C. When the item(s) to be purchased can be obtained from only one vendor or supplier;
D. When supplies or equipment have been uniformly adopted in the city or otherwise standardized;
E. When the purchase will be made cooperatively with one, or more, other units of government, or from a local dealer within the city limits that can provide the same brand, model and configuration of item(s) identified in cooperative purchase agreement(s) at or below the cooperative purchasing net cost within the same terms and conditions; F. When reasonably necessary for the preservation or protection of public peace, health, safety or welfare of persons or property; or G. When, given the indeterminate nature of the city’s need, a request for proposal will result in a more favorable and efficient comparison of supplies, equipment and/or services.

Public Engagement
Public engagement was conducted prior to the 2021-22 Mid-year Budget being adopted by the City Council.

CONCURRENCE
The preferred Anti-Vehicle Barriers have been shared with the City’s Police and Fire Departments, Transportation Engineering and Planning Program, Administration Department, and Downtown SLO, and all groups concur with the proposed barriers.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed purchase will have any effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3)).

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Item 5g

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 $375,000 $331,279.73 $43,720.27 $
State
Federal
Fees
Other:

Total $375,000 $331,279.73 $43,720.27 $

ALTERNATIVES
Council could decide not to approve the purchase at this time. This action is not recommended by staff as it would leave portions of the Farmer’s Market and other events vulnerable to unauthorized vehicles entering closed areas.

ATTACHMENTS
A - Meridian Rapid Defense Quote
B - Sole Source Justification
C - Archer 1200 Anti-Vehicle Barrier Specification Sheet

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177 E. Colorado Blvd, Suite 200
Pasadena, CA 91105
+1 8186414431
[email protected]
Quote

ADDRESS
Jeff Kline
City of San Luis Obispo Public Works
Street Maintenance Supervisor
25 Pardo Road
San Luis Obispo, CA 93401

SHIP TO
Jeff Kline
City of San Luis Obispo Public Works
Street Maintenance Supervisor
25 Pardo Road
San Luis Obispo, CA 93401
QUOTE # DATE EXPIRATION DATE
04282022-SLO 2TK 04/28/2022 07/28/2022

PRODUCT DESCRIPTION QTY RATE AMOUNT
8 Barrier Trailer Kit - GSA 8 Barrier Trailer Kit - Pricing reflects GSA coop purchasing
2 83,699.34 167,398.68
Archer 1200 Barrier - GSA Archer 1200 Anti-Vehicle Barrier 16 6,513.75 Archer Hauler - GSA Archer Hauler™ 2 1,925.18
Archer Field Tow Bar -
GSA
Archer Field Tow Bar 4 574.18
Arrestor Cable (4ft) - GSA Arrestor Cable™ (4ft) 14 574.18 Arrestor Cable (10ft) -
GSA
Arrestor Cable™ (10ft) 4 670.68
Archer 8-Barrier Drop
Deck Trailer - GSA
Archer 8-Barrier Drop Deck Trailer 2 23,155.18
Archer 1200 Barrier - GSA Archer 1200 Anti-Vehicle Barrier - Pricing reflects GSA coop purchasing
20 6,513.75 130,275.00T
Arrestor Cable (10ft) - GSA Arrestor Cable™ (10ft) - Pricing reflects GSA coop purchasing
2 670.68 1,341.36T
In-Field Installation & Certified
Training
In-Field Installation & Certified Training 1 1,495.00 1,495.00T Freight/Shipping Freight/Shipping to customers location 1 4,115.00 4,115.00T Pricing reflects GSA coop purchasing
PAYMENT TERMS:

Due to high demand levels, your delivery date will be
guaranteed with your 50% deposit so that your protection starts when you need it.

SUBTOTAL 304,625.04
TAX 26,654.69
TOTAL USD 331,279.73

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Accepted By Accepted Date

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City of San Luis Obispo Sole Source Justification
Form
Meridian Rapid Defense Group
It is the policy of the City of San Luis Obispo to solicit quotations or bids for purchases of commodities or services for specified dollar amounts and to select vendors on a competitive basis (See City of San Luis Obispo Financial Management Manual, Section 201, Exhibit 201-B).

Pursuant to San Luis Obispo Municipal Code Chapter 3.24.060, certain acquisitions in which the products or services may only be obtained from a single source may be purchased without engaging in bidding procedures. Such Sole Source acquisitions must be justified in sufficient detail to explain the basis for suspending the usual competitive procurement process and approved by the approving authority before such a purchase is made.

1. What product or service is being requested? Why is it necessary? The product being purchased is Meridian Archer 1200 Anti-Vehicle Barriers. The specified barriers are movable and can be used at different locations and events throughout the City. These barriers are designed to stop unauthorized vehicles from entering restricting pedestrian areas, which will assist in keeping visitors safe while attending festivals.

2. Is this “brand” of product or services offered the only one that meets the City’s requirements? If yes, what is unique about the product/services?
Staff has researched other similar products and have found this product to be our preferred choice due to the ease of deployment and the limited footprint. The Archer 1200 can be quickly deployed or retrieved in an intersection in less than 10 minutes, with four-foot gaps allowed between barriers to provides for pedestrian and ADA access.

Other barriers that offer similar protection require staff to field construct and dismantle on each deployment, significantly increasing the amount of staff time required for event setup and tear-down.

The other barriers that require field set up are bolted together, making a long barrier that stretches the entire lanes of traffic, which impedes on pedestrian traffic, ADA access and would cause a liability of the City.

3. Is the product or service proprietary or is it available from various dealers? Have you verified this? This product is patented and only sold by the manufacture. Meridian Rapid Defense Group has verified no other vendors currently carry their product. As a government agency, the City is eligible for GSA Cooperative Purchasing pricing for the purchase.

4. Have other products/vendors been considered? If yes, which? and how did they fail to meet the City’s requirements?
The City has considered the installation of permanent bollards which are not being pursued due to the high installation and ongoing maintenance cost. The other brand of movable anti-vehicle barriers researched is manufactured by Mifram Security. These barriers provide similar protection; however, they need to be constructed and deconstructed in the field, which would have a long-term impact on staff resources. In addition to the staffing impact, these barriers must stretch the entire length of the roadway which impedes on pedestrian traffic, ADA access, and would create a liability to the City.

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5. Is the purchase an upgrade or addition to an existing system or brand of products adopted citywide? If so, will purchase of this product avoid “switching” costs as opposed to purchasing another product or service (e.g., additional training required; data conversion; implementation of a new system; etc.)?
The City is currently using the Meridian Archer 1200 for the Higuera Street entrances to Farmers Market. Staff has received training on the barriers and will be able to utilize the current trailers to assist with the implementation of a full closure of Farmers Market.

6. Is this a request for services by a contractor with necessary, unique and critical knowledge of established City systems or programs? If so, will the use of the contractor’s services avoid other costs (e.g., significant staff time in compiling information, data transfers, etc.)? N/A

7. What is the quoted price for the product or services and is it reasonable (based on other products or services in the same field or based on historical pricing for the City for similar products or services)?
The price for 36 barricades, 2 trailers, and accessories is $331,279.73, which is consistent with other type of vehicle barricades.

Greg Cruce, Public Works
__________________________________
Requester
__________________________________ ________________
Dan Clancy, Purchasing Analyst Date

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www.meridian-barrier.com
Archer® 1200 Vehicle Barrier
An unanchored "drop-and-stop" barrier for rapid deployment on roadways and hard surfaces.

Best-in-class for Hostile Vehicle Mitigation (HVM), MERIDIAN's Archer 1200 Vehicle Barriers fill a specific need that is simply unmatched by anything currently on the market. Strength and flexibility make them a vital component of your overall securityplan.MERIDIAN’s ultimate rapidly deployable Archer 1200 Barrier can augment fixed-in-place HVM (Hostile Vehicle Mitigation) barriers or be utilized as a primary security system for entry points, roadways and perimeters.

PRODUCT FEATURES

RAPID DEPLOYMENT, MODULAR DESIGN FEATURES & SPECIFICATIONS Archer 1200 Vehicle Barriers provide drop and stop convenience with no heavy equipment required.
» Allows for one-person deployment of an 8 barrier trailer kit in under 10 minutes.
» Permits pedestrian and emergency vehicle access without moving a barrier.
» Archer Hauler allows for easy movement of barriers by adults of any stature.
» No maintenance, electricity, hydraulics or batteries
required.
» Full ballistic protection for any armor piercing 50 caliber rounds.

REUSABLE
Unlike fixed bollards, our barriers are non-lethal to the driver and minimize shrapnel spray. They are 100% reusable after impact and have a lifetime warranty.

1. Archer 1200s can be connected into sets of two or more barriers.

2. Heavy-duty back plates dig in to force barrier into the vehicle.

3. Barriers feature ballistic-rated front plate and back gusset.

4. Ramped front plate levers into vehicle undercarriage.

CERTIFICATIONS

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 21, 2022
TO: Mayor and Council
FROM: Matt Horn, Public Works Director
Hai Nguyen, Senior Civil Engineer
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 5h – AWARD CONTRACT FOR ROADWAY SEALING 2022 TO R.

BURKE CORPORATION
Discussion
The following Agenda Correspondence provides responses to questions received relate to contract award for Roadway Sealing 2022.

1. I notice that $200,000, the annual Active Transportation Funds, are recommended to be allocated to this resealing project.  However, it is my understanding that the Active Transportation Committee already recommended that some of that funding ($75,000 or more) go toward a study of the Foothill Blvd area.  How is it that we still have $200K for this project from that source of funds?
The Active Transportation Plan Implementation Capital Improvement Project account has funding distributions organized by several sub-tasks. There is one subtask to provide funding for “Area Sealing Projects Complete Street Components” with an annual allocation of $200,000—this is the funding source used to supplement the 2022 Roadway Sealing Project. Among the other sub-tasks, there is funding for “Bicycle Facility Improvements” with an annual allocation of $100,000.

This sub-task is the funding that the Active Transportation Committee recommended reserving the remaining 2021-22 balance (approximately $90,000) for preliminary design and analysis for a Foothill Boulevard Complete Street project.

That work is underway. See excerpt below from the 2021-23 Financial Plan. There is a current available balance of $886,632 in the Active Transportation Plan Implementation account (100502) and is sufficient to support the proposed work.

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Item 5h. Roadway Sealing 2022 Page 2

2. Additionally, can you please describe to me what improvements will be made to the Madonna Inn Bike Path with these funds ($150,000)?
The Madonna Inn Pathway was identified for maintenance within the 2021-23 Financial Plan. The report authorizing the advertisement of Roadway Sealing 2022 dated 3/15/2022 incorporated maintenance work at Madonna Inn Pathway because overall lower unit costs will be realized for a larger scale maintenance treatment operation. The scope of work within Madonna Inn Pathway (Fernandez Lane to Madonna Inn) includes removal of existing striping and markings, slurry sealing to provide a watertight barrier, and restriping with thermoplastic striping and markings.

3. Lastly, aren’t the bike lanes and crossing on Marsh and Higuera already done with the 2021-22 improvements that have been completed downtown? The report authorizing the advertisement of Roadway Sealing 2022 dated 3/15/2022 described the work on Marsh and Higuera. Consistent with the Downtown Concept Plan and Active Transportation Plan, the 2022 sealing Project will reduce the number of auto travel lanes on Marsh and Higuera Streets between Santa Rosa and Nipomo Streets from three to two lanes in order to reduce illegal speeding and provide more street width for pedestrian and bicycle facilities, as well as existing and future parklets and sidewalk widening. Additionally, improvements on Marsh and Higuera Streets outside of the downtown core has been implemented as part of the 2021 Downtown Pavement Improvements project.

Due to weather conditions, the intersection of Marsh and Higuera was not slurry sealed as proposed in the 2021 Downtown Pavement Improvements Project. This intersection has only been temporarily striped and will be sealed and permanently striped with the Roadway Sealing 2022 project.

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Item 5h
Department: Public Works
Cost Center: 5006
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Hai Nguyen, Senior Civil Engineer
SUBJECT: AWARD ROADWAY SEALING 2022, SPECIFICATION NO. 1000560

RECOMMENDATION

1. Award a contract to R. Burke Corporation, in the amount of $4,457,873, for Roadway Sealing 2022, Specification Number 1000560; and

2. Approve the following budget transfers to the project account1:
a) $4,590,475 from the Street Reconstruction and Resurfacing - Annual Asset Maintenance Account (90346); and
b) $100,000 from Jack House Roof and Windows Walk Railing (1000075-24); and c) $214,525 from South Street Median Landscaping (1000037); and d) $200,000 from Active Transportation Plan Implementation (100502); and e) $35,000 from Parking Lot Maintenance (1000031); and
f) $150,000 from Pedestrian and Bicycle Pathway Maintenance (1000032); and g) $120,000 from the Storm Drains Annual Asset Maintenance Account (90742); and h) $120,000 from the Sidewalk Annual Asset Maintenance Account (90849); and i) $10,000 from Water Valve Cover Adjustments (91149); and j) $10,000 from the Sewer Maintenance Hole Cover Adjustments (1000084); and

3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget.

DISCUSSION
Background
On March 15, 2022, the City Council authorized staff to advertise for construction bids for the Roadway Sealing 2022 and to authorize the City Manager to award the contract if the lowest responsible bid was below the publicly disclosed funding amount of $2,600,000.

The project bid documents included a Base Bid and an Additive Alternative.

On May 12, 2022, two bids were received and opened (Attachment A). R. Burke Corporation provided the lowest responsive bid for the Base Bid and Additive Alternative A in the amount of $4,457,873. Since the lowest bid amount exceeds the delegated authority provided to the City Manager by $1,857,873, staff is returning to Council to request authorization to award the contract.

1 Contributing budget transfers described in Fiscal Impact Section

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Item 5h
The large increase in construction costs can be attributed to the rising cost of construction materials and labor, which have seen cost increases of approximately 25% over the last calendar year (April 2021-April 20222). The cost for slurry sealing doubled as compared to bids received in May 2020 for the previous sealing project. Since asphalt emulsion is a key component of a slurry seal mixture, a large share of this price increase can be attributed to recent significant increases in oil prices.

Recommended funding, which required project deferrals, for these cost increases was presented with the 2022-23 Financial Plan Supplement on June 7, 2022. The detailed discussion occurred on page 85 and 101 of the budget document. With the adoption of the Financial Plan Supplement Council indicated its support for the budgetary changes in this reports’ recommendations.

The Contractor’s references, license, and registration with the Department of Industrial Relations have been verified. Staff has evaluated the bid and recommends contract award of the Base Bid and Additive Alternative A to R. Burke Corporation (Attachment B) and budget transfers be completed to fund the project.

Bid Summary Base Bid Additive
Alternative A Total Bid
1 Engineer’s
Estimate $2,350,000 $250,000 $2,600,000
2 R. Burke
Corporation $4,148,953 $308,920 $4,457,873
3 Intermountain
Slurry Seal $5,328,246 $359,164 $5,687,410
Previous Council or Advisory Body Action
On March 15, 2022, the City Council authorized staff to advertise for bids for Roadway Sealing 2022. On June 7, 2022 Council approved project deferrals to provide additional funding for this project.

Policy Context
Per the March 15, 2022 Council Agenda Report, the project must be awarded by Council if the construction contract is higher than the publicly disclosed funding amount.

Public Engagement
Public engagement for the overall project was conducted during the following:
 Budget and goal setting process, identifying this Project to be included in the 2021- 23 Financial Plan.
 Community meeting in October 2021

2 DGS California Construction Cost Index CCCI. https://www.dgs.ca.gov/RESD/Resources/PageContent/Real-Estate-Services-Division-Resources-List-Folder/DGS-California-Construction-Cost-IndexCCCI

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Item 5h
Additional public engagement efforts specific to the downtown core was conducted as follows:
 Presentation to the Downtown SLO Response and Recovery Board Meeting, January 2021
 Presentation at Downtown SLO Parklet & Street Improvement Project Community Forum, May 2022
Finally, safety and complete street elements of the project are included in various planning documents including the Active Transportation Plan, the Bishop Peak and Pacheco Safe Routes to School Plan and the Downton Concept Plan, all of which had associated community engagement efforts.

Staff will continue to be in coordination with Downtown SLO, San Luis Obispo Regional Transit Authority, San Luis Garbage Company and other partners. Additionally, JPW Communications has been hired to keep the public informed by providing constant updates about the upcoming work through social media, news articles and postcards.

CONCURRENCE
This project has been reviewed and has concurrence from Public Works including the Transportation Manager, Parking Manager, SLO Transit Manager and City Engineer.

Additionally, the project has been reviewed and has concurrence from the SLO City Fire Department.

The City’s Communications Manager has also reviewed the project and is working with the project team to implement the communications plan.

ENVIRONMENTAL REVIEW
This project is categorically exempt from environmental review pursuant to section 15301 of the CEQA Guidelines (Existing Facilities) since it is a maintenance and replacement project. A Notice of Exemption has been filed through the Community Development Department.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes

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Item 5h
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $5,881,591 $4,039,541 $1,842,050 $
State
Federal
Fees
SB1 Fund: $1,490,459 $1,490,459 $0
Sewer Fund $26,301 $10,000 $16,301
Water Fund $30,000 $10,000 $20,000
Total $7,428,351 $5,550,000 $1,878,351 $
The estimated project costs by funding sources are reported in Attachment C. The Streets Reconstruction and Resurfacing account (90346) has a balance of $200,482 and will receive an additional $440,582 of SB1 Funding approved by Council on 4/19/2022. With the 2021-23 Financial Plan, the project account will receive $1,425,000 in General Fund and $1,049,877 in SB1 funding on July 1st. The total amount of SB1 Funding to support this project is from Council’s April 19, 2022 action that approved funding in the amount of $440,582 and planned budget appropriation from the 2021-23 Financial Plan in the amount of $1,049,877 for a total of $1,490,459.

Based on the unexpectedly high bid prices, staff identified additional funding sources as part of the 2022-23 Budget Supplement that will provide $1,585,000 to support the total project costs by using funds programed to other CIP projects that are not ready to construct3in Fiscal Year 2022-23. In total, $4,745,905 will be available in the Streets Reconstruction and Resurfacing Account for the project ($3,225,446 in General Funds and $1,490,459 in SB1 Funds).

Additionally, as identified in the 2022-23 Budget Supplement4, staff is seeking approval to reallocate $100,000 from the Jack House Roof and Windows Walk Railing account (1000075-24) and $214,525 from the South Street Median Landscaping account (1000037) to the project account (1000560) because these CIP projects are not ready to construct. As discussed in the FY22-23 Budget Supplement, deferral of these projects is recommended in order to address more urgent needs and provide funding for projects that have exceeded budget estimates (i.e. construction of Roadway Sealing 2022).

Deferral does not constitute cancellation, and funding will be requested to continue these projects when they are ready to construct and sufficient staffing resources are available to oversee them. Requested project deferrals are recommended as these projects currently have construction funding, and construction documents and design are not ready due to staffing levels.

3 FY22-23 CIP Supplement, Table C3, on Page 85.
4 FY22-23 CIP Supplement, Table C20, ID#15 on Page 101.

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Item 5h
Due to the number of multi-modal transportation improvements proposed in this project, the Active Transportation Plan Implementation Account (100502) will contribute $200,000 in Fiscal Year 2022-23 towards this project to support the installation of protected bike lanes and priority pedestrian/bicycle crossings along Marsh and Higuera Streets identified as Tier 1 (highest-priority) project in the Active Transportation Plan.

Funding for curb ramp/bulbout improvements at the intersection of Higuera and Nipomo is proposed to come from the Sidewalk Annual Asset Maintenance Account (90849). This work will replace damaged sidewalk and incorporate design elements intended to improve pedestrian safety.

Funding for storm drain replacement work at the intersection of Higuera and Nipomo is proposed to come from the Storm Drains Annual Asset Maintenance Account (90742).

The account has a current balance of $300,225 and will be sufficient to support the total estimated cost of $120,000 for storm drain replacement work.

The Parking lot Maintenance account (1000031) has a current balance of $180,578 and will receive an additional $35,000 in Fiscal Year 2022-23. These funds will be sufficient to support the Islay Park Parking Lot maintenance work identified in this project.

The Pedestrian and Bicycle pathway Maintenance account (1000032) has a current balance of $5,775 and will receive an additional $150,000 in Fiscal Year 2022-23. These funds will be sufficient to support the Madonna Inn pathway maintenance work identified in this project.

Where asphalt pavement is replaced, the project will incorporate upgrades to water valve and sewer maintenance hole covers, which requires budget transfers to the project account as follows: Water Valve Cover Adjustments (91149) Fund totaling $10,000 and Sewer Maintenance Hole Cover Adjustments (1000084) totaling $10,000. This project does not have significant asphalt reconstruction and therefore impacts to existing water and sewer facilities is minimal.

ALTERNATIVES
Deny award of the contract. The City Council may choose to not award the contract and reject all bids. Staff does not recommend this option, further delay in maintenance activities would result in more expensive rehabilitation treatments being required in the future as well as further cost increases from market factors.

ATTACHMENTS
A – Bid Results (1000560)
B – Draft Agreement with R. Burke Corporation (1000560) C – Estimated Project Cost by Funding Sources

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ROADWAY SEALING 2022, SPECIFICATION NO. 1000560
Bid Opening: 5/12/2022 UNIT TOTAL UNIT TOTAL
No. ITEM UNIT QUAN PRICE PRICE PRICE PRICE
1 TYPE II SLURRY SEAL SQYD 530,563 $3.20 $1,697,801.60 $4.60 $2,440,589.80 2 PNEUMATIC TIRE ROLLER COMPACTION LS 1 $11,500.00 $11,500.00 $77,000.00 $77,000.00 3 TRAFFIC CONTROL PLAN AND IMPLEMENTATION LS 1 $470,000.00 $470,000.00 $830,000.00 $830,000.00 4 STREET SWEEPING IN SLURRY AREAS (1 DAY) LS 1 $107,700.00 $107,700.00 $67,500.00 $67,500.00 5 STREET SWEEPING IN SLURRY AREAS (30 DAYS) LS 1 $55,600.00 $55,600.00 $55,000.00 $55,000.00 6 TEMPORARY STRIPING AND PAVEMENT MARKINGS LS 1 $30,300.00 $30,300.00 $25,000.00 $25,000.00 7 BIKE LANE EDGE GRIND LF 5,315 $6.25 $33,218.75 $11.50 $61,122.50 8 CURB RAMP EDGE GRIND LS 1 $100,000.00 $100,000.00 $190,000.00 $190,000.00 9 TRAFFIC CIRCLE: CERRO ROMAULDO AND PATRICIA LS 1 $10,000.00 $10,000.00 $16,000.00 $16,000.00 10 TRAFFIC CIRCLE: CERRO ROMAULDO AND TASSAJARA LS 1 $21,100.00 $21,100.00 $27,100.00 $27,100.00 11 TRAFFIC CIRCLE : RAMONA AND LA ENTRADA LS 1 $15,000.00 $15,000.00 $21,000.00 $21,000.00 12 BIKE RAMP: MADONNA AND OCEANAIRE LS 1 $10,400.00 $10,400.00 $10,400.00 $10,400.00 13 REMOVE AND RE‐INSTALL EXISTING FLEX POSTS, CURB STOPS, AND PLANTER B LS 1 $15,200.00 $15,200.00 $15,000.00 $15,000.00 14 COMPLY WITH CALTRANS ENCROACHMENT PERMIT LS 1 $1,650.00 $1,650.00 $5,000.00 $5,000.00 15 COMPLY WITH NIGHT WORK PERMIT LS 1 $4,300.00 $4,300.00 $5,000.00 $5,000.00 16 MARSH AND SANTA ROSA SIGNAL IMPROVEMENTS LS 1 $63,500.00 $63,500.00 $55,000.00 $55,000.00 17 TREE TRIMMING LS 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 18 REMOVE EXISTING AND INSTALL NEW CROSSWALK PAVERS PER ENG. STD. 735 SQFT 800 $80.00 $64,000.00 $80.00 $64,000.00 19 WHITE/YELLOW PAVEMENT MARKINGS/LEGENDS (ARROWS, WORDS, SYMBO SQFT 15,297 $7.00 $107,079.00 $6.00 $91,782.00 20 4" WHITE/YELLOW/BLUE LF 5,792 $3.50 $20,272.00 $3.00 $17,376.00 21 4" DOUBLE WHITE LF 302 $1.25 $377.50 $1.00 $302.00
22 6" DOUBLE WHITE LF 136 $1.75 $238.00 $1.50 $204.00
23 6" YELLOW LF 1,516 $1.00 $1,516.00 $0.75 $1,137.00
24 12" WHITE/YELLOW LF 17,468 $5.00 $87,340.00 $4.00 $69,872.00 25 24" WHITE/YELLOW LF 9,011 $9.25 $83,351.75 $8.00 $72,088.00 26 MODIFIED DETAIL 1 ‐ SHEET C2 LF 3,500 $0.60 $2,100.00 $0.50 $1,750.00 27 DETAIL 2 LF 11,370 $1.00 $11,370.00 $0.75 $8,527.50
28 DETAIL 8 LF 207 $0.70 $144.90 $0.50 $103.50
29 DETAIL 9 LF 2,769 $1.00 $2,769.00 $0.75 $2,076.75
30 DETAIL 21 LF 20 $1.15 $23.00 $1.00 $20.00
31 DETAIL 22 LF 22,470 $2.30 $51,681.00 $2.00 $44,940.00 32 DETAIL 24 LF 349 $0.70 $244.30 $0.50 $174.50
33 DETAIL 27B LF 17,470 $0.60 $10,482.00 $0.50 $8,735.00 34 DETAIL 28 LF 368 $2.50 $920.00 $2.00 $736.00
35 DETAIL 29 LF 88 $4.75 $418.00 $4.00 $352.00
36 DETAIL 30 LF 43 $4.75 $204.25 $4.00 $172.00
37 DETAIL 32 LF 811 $4.75 $3,852.25 $4.00 $3,244.00
38 DETAIL 38 LF 3,083 $2.50 $7,707.50 $2.00 $6,166.00
39 DETAIL 39 LF 4,090 $1.00 $4,090.00 $0.75 $3,067.50
40 DETAIL 39A LF 1,144 $1.00 $1,144.00 $0.75 $858.00
41 DETAIL 40 LF 86 $4.75 $408.50 $4.00 $344.00
42 DETAIL 41 LF 57 $4.75 $270.75 $4.00 $228.00
43 4" DASHED YELLOW ‐ 4' LINE WITH 8' GAP ‐ SHEET S4 LF 205 $6.00 $1,230.00 $5.00 $1,025.00 44 MODIFIED CALTRANS DETAIL 22 ‐ SHEET 42 LF 59 $6.00 $354.00 $5.00 $295.00 45 12" YELLOW STRIPE WITH "COMMERCIAL LOADING ONLY" ‐ SHEET 43 LF 100 $11.50 $1,150.00 $10.00 $1,000.00 46 YELLOW BOT DOT, TYPE AY MARKER ‐ SHEET S57 EA 38 $58.00 $2,204.00 $50.00 $1,900.00 47 WHITE/BLUE PARKING "L" OR "T" EA 776 $58.00 $45,008.00 $50.00 $38,800.00 48 ADA ISA SYMBOL EA 34 $345.00 $11,730.00 $300.00 $10,200.00 49 BLUE/YELLOW/RED/WHITE CURB PAINT LF 1,487 $3.45 $5,130.15 $3.00 $4,461.00 50 GREEN SEALMASTER COLOR SAFE PAINT SQFT 13,968 $17.25 $240,948.00 $15.00 $209,520.00 51 GREENBACK CHEVRON EA 14 $520.00 $7,280.00 $450.00 $6,300.00 52 GREENBACK SHARROW EA 33 $920.00 $30,360.00 $800.00 $26,400.00 53 GREEN BIKE LANE MARKINGS CASE 1 LF 1,141 $29.00 $33,089.00 $25.00 $28,525.00 54 GREEN BIKE LANE MARKINGS CASE 2 LF 268 $87.00 $23,316.00 $75.00 $20,100.00 55 LEFT TURN BIKE BOX EA 12 $1,850.00 $22,200.00 $1,600.00 $19,200.00 56 BIKE BUFFER LF 7,261 $2.75 $19,967.75 $2.25 $16,337.25 57 BIKE BUFFER AT DRIVEWAY SQFT 5,183 $3.50 $18,140.50 $3.00 $15,549.00 58 ZICLA ZEBRA CYCLE TRACK LANE SEPARATORS EA 53 $173.00 $9,169.00 $1,500.00 $79,500.00 59 CUSTOM CLASS IV BIKEWAY SIGN EA 5 $173.00 $865.00 $150.00 $750.00 Intermountain Slurry Seal
BASE BID
R. Burke Corporation

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60 NEIGHBORHOOD GREENWAY SIGN (TYPE PER PLANS) EA 23 $173.00 $3,979.00 $150.00 $3,450.00 61 DIRECTIONAL PLAQUE (24"X6") FOR GREENWAY (TYPE PER PLANS) EA 9 $173.00 $1,557.00 $150.00 $1,350.00 62 RETROREFLECTIVE SHEETING FLAG ‐ SHEET S32 EA 2 $29.00 $58.00 $150.00 $300.00 63 RIGHT TURN YIELD TO BIKE SIGN EA 11 $173.00 $1,903.00 $150.00 $1,650.00 64 R10‐11 SIGN EA 2 $173.00 $346.00 $150.00 $300.00
65 R10‐15 SIGN EA 1 $173.00 $173.00 $150.00 $150.00
66 R1‐1 SIGN EA 13 $173.00 $2,249.00 $150.00 $1,950.00
67 R11‐2 SIGN EA 1 $173.00 $173.00 $150.00 $150.00
68 R1‐3P SIGN EA 6 $173.00 $1,038.00 $150.00 $900.00
69 R1‐6 SIGN EA 10 $173.00 $1,730.00 $150.00 $1,500.00
70 R16‐9P SIGN EA 1 $173.00 $173.00 $150.00 $150.00
71 R2‐1 SIGN EA 5 $173.00 $865.00 $150.00 $750.00
72 R26 SIGN EA 2 $173.00 $346.00 $150.00 $300.00
73 R3‐7 SIGN EA 1 $173.00 $173.00 $150.00 $150.00
74 R3‐8 SIGN EA 2 $173.00 $346.00 $150.00 $300.00
75 R4‐11 SIGN EA 5 $173.00 $865.00 $150.00 $750.00
76 R4‐4 SIGN EA 2 $173.00 $346.00 $150.00 $300.00
77 R5‐1 SIGN EA 2 $173.00 $346.00 $150.00 $300.00
78 R6‐5P SIGN EA 11 $173.00 $1,903.00 $150.00 $1,650.00 79 R‐81 SIGN EA 2 $173.00 $346.00 $150.00 $300.00
80 R8‐3a SIGN EA 1 $173.00 $173.00 $150.00 $150.00
81 W17‐1 SIGN EA 2 $173.00 $346.00 $150.00 $300.00
82 W84(CA) SIGN EA 34 $173.00 $5,882.00 $150.00 $5,100.00 83 NEW STREET NAME SIGN EA 4 $173.00 $692.00 $150.00 $600.00 84 R99C (CA) SIGN EA 20 $173.00 $3,460.00 $150.00 $3,000.00 85 FIRE HYDRANT BLUE MARKER EA 361 $12.00 $4,332.00 $5.00 $1,805.00 86 PEXCO CITY POST MODEL EAC, 18" WHITE WITH 3 YELLOW WRAP EA 9 $345.00 $3,105.00 $150.00 $1,350.00 87 PEXCO CITY POST MODEL EAC, 36" WHITE WITH 2 LIGHT GREY WRAP EA 33 $345.00 $11,385.00 $150.00 $4,950.00 88 REMOVE (E) SIGN POST BY CORING AND PATCHING EA 2 $173.00 $346.00 $150.00 $300.00 89 INSTALL (N) 12' PUNCH POST EA 115 $288.00 $33,120.00 $150.00 $17,250.00 90 REMOVE (E) AND INSTALL (N) 14' PUNCH POST EA 14 $288.00 $4,032.00 $150.00 $2,100.00 91 INSTALL NEW 48" WHEEL STOP PER ENG. STD. 2260 EA 19 $135.00 $2,565.00 $135.00 $2,565.00 92 SPEED HUMP EA 34 $5,000.00 $170,000.00 $5,200.00 $176,800.00 93 SPEED TABLE EA 3 $13,000.00 $39,000.00 $13,000.00 $39,000.00 94 CONCRETE BIKE MEDIAN LF 833 $87.00 $72,471.00 $87.00 $72,471.00 95 RECTANGULAR CAST IRON PIPE FOR CONCRETE BIKE MEDIAN EA 5 $650.00 $3,250.00 $800.00 $4,000.00 96 HMA SURFACE REPAIR DETAIL A, SHEET C5 SQFT 13,121 $11.00 $144,331.00 $11.50 $150,891.50 97 6" AC PATCH REPAIR PER DETAIL D, SHEET C5 SQFT 1,249 $17.00 $21,233.00 $17.00 $21,233.00 *98 ADJUST WATER VALVE TO FINISHED SURFACE PER ENG. STD. 6040 EA 2 $1,500.00 $3,000.00 $1,500.00 $3,000.00 *99 ADJUST MANHOLE TO FINISHED SURFACE PER ENG. STD. 6040 EA 2 $2,100.00 $4,200.00 $2,100.00 $4,200.00 *100 ADJUST AND RESET CENTERLINE MONUMENT PER ENG. STD. 9020 EA 2 $1,700.00 $3,400.00 $1,700.00 $3,400.00 *101 PAVING GRID ALLOWANCE PER DETAIL B, SHEET C5 SQFT 100 $12.00 $1,200.00 $12.00 $1,200.00 *102 CONCRETE BASE REPAIR ALLOWANCE PER DETAIL C, SHEET C5 SQFT 100 $71.00 $7,100.00 $71.00 $7,100.00 $4,148,953.45 $5,328,245.80
103 TRAFFIC CONTROL PLAN AND IMPLEMENTATION LS 1 $10,000.00 $10,000.00 $56,500.00 $56,500.00 104 POTHOLING LS 1 $4,500.00 $4,500.00 $4,500.00 $4,500.00 105 TEMPORARY STRIPING AND PAVEMENT MARKINGS LS 1 $1,500.00 $1,500.00 $10,000.00 $10,000.00 106 COMPLY WITH MITIGATION MEASURES AND ARCHAEOLOGICAL MONITORING LS 1 $2,000.00 $2,000.00 $5,000.00 $5,000.00 107 N CURB RAMP: HIGUERA AND NIPOMO LS 1 $100,000.00 $100,000.00 $108,000.00 $108,000.00 108 E CURB RAMP: HIGUERA AND NIPOMO LS 1 $40,000.00 $40,000.00 $40,000.00 $40,000.00 109 HIGUERA AND NIPOMO SIGNAL MODIFICATION LS 1 $79,000.00 $79,000.00 $63,100.00 $63,100.00 110 ADJUST STORMDRAIN MANHOLE PER ENG. STD. 6040 EA 1 $2,200.00 $2,200.00 $2,200.00 $2,200.00 111 REMOVE EXISTING AND INSTALL NEW 12" PVC STORMDRAIN LF 12 $265.00 $3,180.00 $265.00 $3,180.00 112 REMOVE EXISTING AND INSTALL NEW 12" DIP STORMDRAIN LF 48 $330.00 $15,840.00 $333.00 $15,984.00 113 REMOVE EXISTING AND INSTALL NEW STORMDRAIN CATCH BASIN EA 3 $10,600.00 $31,800.00 $10,600.00 $31,800.00 114 REMOVE EXISTING AND INSTALL NEW CITY COMMUNICATION MANHOLE PER EA 1 $13,900.00 $13,900.00 $13,900.00 $13,900.00 115 CONNECT TO EXISTING STORMDRAIN MANHOLE PER ENG. STD. 3540 EA 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00 116 REMOVE (E) SD JUNCTION BOX EA 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $308,920.00 $359,164.00
$4,457,873.45 $5,687,409.80
BASE BID TOTAL
TOTAL PROJECT BID
ADDITIVE ALTERNATE "A" BID TOTAL

Page 168 of 542 ends

San Luis Obispo City CouncilJune 21, 2022

San Luis Obispo City Council
June 21, 2022