San Luis Obispo City Council
January 17, 2023

14 Airport Area Transportation Impact Fee – Fund 503
This impact fee was established for the expansion of transportation facilities in and around the airport area. On April 3, 2018, the City Council adopted a resolution in compliance with AB1600 that consolidated this fee program into the Citywide Transportation Impact Fee Program. However, the fund is still active to properly account for the fees that were collected in the past and that must be spent on transportation projects specifically in the Airport area.

As of June 30, 2022, the fund balance of 503 was $675,536 and $606,761 has been held for more than five years.

Therefore, the City Council needs to make a finding regarding the need of the funding and an approximate timeline for use of the funding.

Finding: The funds held as part of the planned Prado Road Interchange will mitigate transportation impacts in this area. All funds are anticipated to be collected and construction is programmed to initiate in summer 2025.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ - $ 2,097 $ 827 $ 400 $ 1,508
Interest $ 12,259 $ 39,168 $ 33,425 $ 262 $ (21,171)
Other Revenue $ - $ - $ - $ -
Transfers In $ - $ - $ - $ - $ -
Total Revenue $ 12,259 $ 41,265 $ 34,252 $ 662 $ (19,663) Expenditures
Expenses $ - $ 8,992 $ 46,188 $ 245,534 $ 201,495
Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ - $ -
Total Expenditures $ - $ 8,992 $ 46,188 $ 245,534 $ 201,495 Fund Balance Beginning Year $1,108,970 $1,121,229 $1,153,502 $1,141,566 $ 896,694 Fund Balance End of Year $1,121,229 $1,153,502 $1,141,566 $ 896,694 $ 675,536 Five-Year Revenue Test
Current Fiscal Year $ (19,663)
Prior Fiscal Year (2 yr-old Funds) $ 662
Prior Fiscal Year (3 yr-old Funds) $ 34,252
Prior Fiscal Year (4 yr-old Funds) $ 41,265
Prior Fiscal Year (5 yr-old Funds) $ 12,259
Funds Attributed to Last Five Years $ 68,775
In Excess of Five Prior Fiscal Years $ 606,761 If number positive - funds subject to findings or refund Total Ending Balance $ 675,536

15 Los Osos Valley Road Transportation Impact Fee – Fund 504 This add-on impact fee was established for the expansion of capacity for the Los Osos Valley Road (LOVR) interchange at US 101 for construction, project management, and inspection. Though the project has been completed, this fund is in place to record the amounts collected that must be reimbursed to Costco Wholesale Corporation for the improvements already constructed at the LOVR interchange.

As of June 30, 2022, the fund balance of 504 was $584,365 and no funds have been held longer than 5 years.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ - $586,015 $ - $ - $126,726
Interest $ 3,091 $ 29,509 $ 26,656 $ 124 $ (12,091)
Other Revenue $ - $ - $ - $ -
Transfers In $ - $ - $ - $ - $ -
Total Revenue $ 3,091 $615,524 $ 26,656 $ 124 $114,635
Expenditures
Expenses $ 34,518 $ - $ 270,094 $ - $ -
Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ - $ -
Total Expenditures $ 34,518 $ - $ 270,094 $ - $ -
Fund Balance Beginning Year $ 128,947 $ 97,520 $ 713,044 $469,606 $469,730 Fund Balance End of Year $ 97,520 $713,044 $ 469,606 $469,730 $584,365 Five-Year Revenue Test
Current Fiscal Year $ 114,635
Prior Fiscal Year (2 yr-old Funds) $ 124
Prior Fiscal Year (3 yr-old Funds) $ 26,656
Prior Fiscal Year (4 yr-old Funds) $ 615,524
Prior Fiscal Year (5 yr-old Funds) $ 3,091
Funds Attributed to Last Five Years $ 760,030
In Excess of Five Prior Fiscal Years $(175,665) If number positive - funds subject to findings or refund Total Ending Balance $ 584,365

16 San Luis Ranch Transportation Impact Fee – Fund 514
This impact fee was established for the expansion of transportation facilities in and around the San Luis Ranch area, the fee is distinguished from the Citywide TIF following the development agreement between the City and San Luis Ranch LLC. The agreement was approved and adopted by Council in 2018.

As of June 30, 2022, the fund balance of 514 was $438,855 and no funds have been held longer than 5 years.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ - $ - $ - $ - $ 457,690
Interest $ - $ - $ - $ - $ (2,187)
Other Revenue $ - $ - $ - $ - $ -
Transfers In $ - $ - $ - $ - $ 10,000
Total Revenue $ - $ - $ - $ - $ 465,503
Expenditures
Expenses $ - $ - $ - $ - $ 6,648
Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ - $ -
Total Expenditures $ - $ - $ - $ - $ 6,648
Fund Balance Beginning Year $ - $ - $ - $ - $ -
Fund Balance End of Year $ - $ - $ - $ - $ 458,855
Five-Year Revenue Test
Current Fiscal Year $ 465,503
Prior Fiscal Year (2 yr-old Funds) $ -
Prior Fiscal Year (3 yr-old Funds) $ -
Prior Fiscal Year (4 yr-old Funds) $ -
Prior Fiscal Year (5 yr-old Funds) $ -
Funds Attributed to Last Five Years $ 465,503
In Excess of Five Prior Fiscal Years $ (6,648) If number positive - funds subject to findings or refund Total Ending Balance $ 458,855

17 Orcutt Area Transportation Impact Fee – Fund 515
This impact fee was established for the expansion of transportation facilities in and around the Orcutt area. As of June 30, 2022, the fund balance of 515 was $1,392,255 and no funds have been held longer than 5 years.

This fund was also created with the reorganization of the chart of accounts to account separately for Orcutt Area Transportation Impact Fees following the Orcutt Area Specific Plan Agreement in place.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ - $ - $ - $909,090 $ 728,999
Interest $ - $ - $ - $ 51 $ (29,355)
Other Revenue $ - $ - $ - $ - $ -
Transfers In $ - $ - $ - $ - $ -
Total Revenue $ - $ - $ - $909,141 $ 699,645
Expenditures
Expenses $ - $ - $ - $216,531 $ -
Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ - $ -
Total Expenditures $ - $ - $ - $216,531 $ -
Fund Balance Beginning Year $ - $ - $ - $ - $ 692,610
Fund Balance End of Year $ - $ - $ - $692,610 $1,392,255 Five-Year Revenue Test
Current Fiscal Year $ 699,645
Prior Fiscal Year (2 yr-old Funds) $ 909,141
Prior Fiscal Year (3 yr-old Funds) $ -
Prior Fiscal Year (4 yr-old Funds) $ -
Prior Fiscal Year (5 yr-old Funds) $ -
Funds Attributed to Last Five Years $1,608,786
In Excess of Five Prior Fiscal Years $ (216,531) If number positive - funds subject to findings or refund Total Ending Balance $1,392,255

18 Water and Sewer Development Impact Fee Funds

19 Wastewater Impact Fee – Fund 506
This impact fee was established for the expansion and improvement of facilities used for sewer collection and sewer treatment.

As of June 30, 2022 the fund balance of 506 was $1,584,308 and no funds were held for longer than five years.

Of this balance, $785,563 is in the form of loans receivable for deferred payment of impact fees related to affordable housing developments. Since debt service of the projects funded with impact fees are done from the Sewer Fund, 506 is used as a pass-through to 602 to separately account for wastewater impact fees collected for transparency.

Exhibit B contains the list of projects that were funded with debt paid by this fee (and other funding sources) for which a total of $2,674,777 was transferred out in the last fiscal year.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ 811,229 $ 2,028,174 $ 2,582,197 $ 3,822,469 $ 3,685,008 Interest $ - $ - $ 35,834 $ 413 $ (8,029)
Other Revenue $ (22,861) $ - $ - $ - $ -
Transfers In $ - $ - $ - $ - $ -
Total Revenue $ 788,368 $ 2,028,174 $ 2,618,031 $ 3,822,882 $ 3,676,978 Expenditures
Expenses $ 528,666 $ 1,197,917 $ 528,666 $ - $ -
Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ 3,836,955 $ 2,674,777
Total Expenditures $ 528,666 $ 1,197,917 $ 528,666 $ 3,836,955 $ 2,674,777 Fund Balance Beginning Year $ (2,583,145) $(2,323,443) $(1,493,186) $ 596,179 $ 582,106 Fund Balance End of Year $ (2,323,443) $(1,493,186) $ 596,179 $ 582,106 $ 1,584,308 Loans Receivable* $ 798,745
Available Fund Balance End of Year $ (2,323,443) $(1,493,186) $ 596,179 $ 582,106 $ 785,563 *Loans receivable reduce the amount of funding available for future spending and represent deferred income Five-Year Revenue Test
Current Fiscal Year $ 3,676,978
Prior Fiscal Year (2 yr-old Funds) $ 3,822,882
Prior Fiscal Year (3 yr-old Funds) $ 2,618,031
Prior Fiscal Year (4 yr-old Funds) $ 2,028,174
Prior Fiscal Year (5 yr-old Funds) $ 811,229
Funds Attributed to Last Five Years $ 12,957,294
In Excess of Five Prior Fiscal Years $ (11,372,987) If number positive - funds subject to findings or refund Total Ending Balance $ 1,584,308

20 Water Impact Fee – Fund 509
This fee was established for the expansion and improvement of facilities used for water supply, water treatment, and water distribution. Fees collected and retained were used to pay the debt service of new development’s fair share for upgrades to the water treatment plant, the recycled water system, as well as the pipeline serving the City from Nacimiento Lake. In fiscal year 2021-22, $5,160,020 was collected in impact fees, while $3,343,771 was transferred out to the water fund (601) for debt service. No funds were held longer than five years. Of the balance, $1,476,189 is in the form of loans receivable for deferred payment of impact fees related to affordable housing developments.

Fund 509 was created as part of the reorganization of the impact fees chart of accounts for better accountancy, control, and transparency of water-related impact fees funds. 509 is a pass-through fund to 601.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ 2,131,345 $ 3,745,666 $ 3,723,460 $ 4,744,361 $ 5,160,020 Interest $ - $ - $ - $ 59 $ (597)
Other Revenue $ (17,875) $ - $ - $ - $ -
Transfers In $ - $ - $ - $ - $ -
Total Revenue $ 2,113,470 $ 3,745,666 $ 3,723,460 $ 4,744,420 $ 5,159,422 Expenditures
Expenses $ 4,330,340 $ 2,959,368 $ 4,330,340 $ 4,746,439 $ - Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ - $ 3,343,771
Total Expenditures $ 4,330,340 $ 2,959,368 $ 4,330,340 $ 4,746,439 $ 3,343,771 Fund Balance Beginning Year $ (678,104) $(2,894,974) $(2,108,676) $(2,715,556) $(2,717,575) Fund Balance End of Year $ (2,894,974) $(2,108,676) $(2,715,556) $(2,717,575) $ (901,924) Loans Receivable* $ 1,476,189
Available Fund Balance End of Year $ (2,894,974) $(2,108,676) $(2,715,556) $(2,717,575) $(2,378,113) *Loans receivable reduce the amount of funding available for future spending and represent deferred income Five-Year Revenue Test
Current Fiscal Year $ 5,159,422
Prior Fiscal Year (2 yr-old Funds) $ 4,744,420
Prior Fiscal Year (3 yr-old Funds) $ 3,723,460
Prior Fiscal Year (4 yr-old Funds) $ 3,745,666
Prior Fiscal Year (5 yr-old Funds) $ 2,131,345
Funds Attributed to Last Five Years $ 19,504,313
In Excess of Five Prior Fiscal Years $ (20,406,237) If number positive - funds subject to findings or refund Total Ending Balance $ (901,924)

21 Public Safety Development Impact Fees and Affordable Housing Inclusionary Fee Funds

22 Fire Impact Fee – Fund 516
This impact fee was established as part of the 2018 nexus study to help cover the cost of the City’s Fire Services.

It will also be used to renovate and maintain fire assets.

As of June 30, 2022, the fund balance of 516 was $200,219 and no funds were held for longer than five years. Of this balance, $78,276 is in the form of loans receivable for deferred payment of impact fees related to affordable housing developments.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ - $ - $ - $ 66,113 $ 64,597
Interest $ - $ - $ - $ 10 $ (16,497)
Other Revenue $ - $ - $ - $ - $ -
Transfers In $ - $ - $ - $ - $ 85,996
Total Revenue $ - $ - $ - $ 66,123 $134,096
Expenditures
Expenses $ - $ - $ - $ - $ -
Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ - $ -
Total Expenditures $ - $ - $ - $ - $ -
Fund Balance Beginning Year $ - $ - $ - $ - $ 66,123
Fund Balance End of Year $ - $ - $ - $ 66,123 $200,219
Loans Receivable* $ 78,276
Available Fund Balance End of Year $ - $ - $ - $ 66,123 $121,943 *Loans receivable reduce the amount of funding available for future spending and represent deferred income Five-Year Revenue Test
Current Fiscal Year $134,096
Prior Fiscal Year (2 yr-old Funds) $ 66,123
Prior Fiscal Year (3 yr-old Funds) $ -
Prior Fiscal Year (4 yr-old Funds) $ -
Prior Fiscal Year (5 yr-old Funds) $ -
Funds Attributed to Last Five Years $200,219
In Excess of Five Prior Fiscal Years $ - If number positive - funds subject to findings or refund Total Ending Balance $200,219

23 Police Impact Fee – Fund 517
This impact fee was also established as part of the 2018 nexus study to help cover the cost of the City’s Police and public safety services. It will also be used to renovate and maintain public safety assets.

As of June 30, 2022, the fund balance of 517 was $245,44 and no funds were held for longer than five years. Of this balance, $56,781 is in the form of loans receivable for deferred payment of impact fees related to affordable housing developments.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ - $ - $ - $ 72,645 $ 89,876
Interest $ - $ - $ - $ 11 $ (19,445)
Other Revenue $ - $ - $ - $ - $ -
Transfers In $ - $ - $ - $ - $102,359
Total Revenue $ - $ - $ - $ 72,656 $172,790
Expenditures
Expenses $ - $ - $ - $ - $ -
Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ - $ -
Total Expenditures $ - $ - $ - $ - $ -
Fund Balance Beginning Year $ - $ - $ - $ - $ 72,656
Fund Balance End of Year $ - $ - $ - $ 72,656 $245,446
Loans Receivable* $ 56,781
Available Fund Balance End of Year $ - $ - $ - $ 72,656 $188,665 *Loans receivable reduce the amount of funding available for future spending and represent deferred income Five-Year Revenue Test
Current Fiscal Year $172,790
Prior Fiscal Year (2 yr-old Funds) $ 72,656
Prior Fiscal Year (3 yr-old Funds) $ -
Prior Fiscal Year (4 yr-old Funds) $ -
Prior Fiscal Year (5 yr-old Funds) $ -
Funds Attributed to Last Five Years $245,446
In Excess of Five Prior Fiscal Years $ - If number positive - funds subject to findings or refund Total Ending Balance $245,446

24 Affordable Housing Inclusionary Fee - Fund 505
This inclusionary fee was established to provide funding for the provision of affordable housing and for reasonable costs associated with the development of affordable housing, at the discretion of the City Council, even though is not an impact fee as defined by AB 1600, the fund is included in this report for transparency and public engagement.

As of June 30, 2022 the fund balance of 505 was $9,784,739. Of this balance, $9,001,843 is in the form of loans receivable for deferred payment of impact fees related to affordable housing developments. Even though $7,486,437 has been held for more than five years, this amount is not subject to findings or refund since it is not an impact fee.

During FY 21-22, $1,035,000 of the fund balance was provided in new loans for affordable housing projects.

Last Five Fiscal Years
Description FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Revenue
Fees $ 359,150 $1,193,099 $ 17,737 $ 10,600 $ 411,875
Interest $ 6,051 $ 112,574 $ 73,778 $ 224,368 $ (37,152) Other Revenue $ 162,599 $ 12,501 $ - $ - $ 153,171
Transfers In $ - $ - $ - $ - $ -
Total Revenue $ 527,800 $1,318,174 $ 91,515 $ 234,968 $ 527,894 Expenditures
Expenses $ 850,000 $ 710,000 $ 329,999 $ -
Reimbursements $ - $ - $ - $ - $ -
Transfers Out $ - $ 17,000 $ 57,000 $ 58,200 $ 87,000
Total Expenditures/Uses $ 850,000 $ 727,000 $ 386,999 $ 58,200 $ 87,000 Fund Balance Beginning Year, as restated $2,567,000 $2,244,800 $8,885,403 $ 9,006,961 $ 9,343,845 Fund Balance End of Year $2,244,800 $2,835,974 $8,589,919 $ 9,183,729 $ 9,784,739 Loans Receivable* $6,099,429 $ 7,786,471 $ 9,001,843
Available Fund Balance End of Year $2,244,800 $2,835,974 $2,490,490 $ 1,397,258 $ 782,896 *Loans receivable reduce the amount of funding available for future spending and represent deferred income Five-Year Revenue Test
Current Fiscal Year $ 374,723
Prior Fiscal Year (2 yr-old Funds) $ 234,968
Prior Fiscal Year (3 yr-old Funds) $ 17,737
Prior Fiscal Year (4 yr-old Funds) $1,305,673
Prior Fiscal Year (5 yr-old Funds) $ 365,201
Funds Attributed to Last Five Years $2,298,302
In Excess of Five Prior Fiscal Years $7,486,437 Not subject to findings or refund - not an Impact Fee Total Ending Balance $9,784,739

25

Transportation
(Citywide)(1)
Transportation (San Luis
Ranch Subarea) Transportation (LOVR Subarea)
Citywide
Transportation
(Orcutt Specific
Plan Area Vested)
Prior to 7/1/2018
Transportation
(LOVR Add on
Fee- Avila
Ranch)
Transportation
(LOVR Add on
Fee- All other
Areas) [4]
Transportation
(Orcutt Specific
Plan Area Add on)
[1]
Transportation
(Orcutt Specific
Plan Area Add on
Vested) Prior to
7/1/2018 [1]
Residential
Single Family
≥ 1,400 sq. ft. (fees are per unit) $12,075.72 $9,385.37 $10,951.75 $4,424.82 $2,566.05 $2,449.10 $18,869.91 $20,008.61 700 to 1,399 sq. ft. (fees are per sq. ft.) $8.63 $6.70 $7.82 N/A N/A N/A N/A≤ 699 sq. ft. (fees are per unit) $6,037.87 $4,692.69 $5,475.87 $4,424.82 $2,566.05 $2,449.10 $18,869.91 $20,008.61 Multifamily
≥ 1,100 sq. ft. (fees are per unit) $9,382.13 $7,291.90 $8,508.87 $3,930.77 $1,204.68 $1,640.67 $13,182.28 $13,977.50 550 to 1,099 sq. ft. (fees are per sq. ft.) $8.53 $6.63 $7.74 N/A N/A N/A N/A ≤ 549 sq. ft. (fees are per unit) $4,691.07 $3,645.94 $4,254.42 $3,930.77 $1,204.68 $1,652.03 $13,182.28 $13,977.50 Non-Residential
Office (fees are per sq. ft.) $11.65 $9.06 $10.57 $8.88 $3.48 $3.48 N/A N/A Service (fees are per sq. ft.) $11.65 $9.06 $10.57 $3.48 $3.48 $3.48 N/A N/A Retail (fees are per sq. ft.) [2] $16.93 $12.47 $15.35 $9.33 $27.43 $21.80 N/A N/AIndustrial (fees are per sq. ft.) $6.78 $5.56 $6.50 $1.93 $1.93 N/A N/AInstitutional (fees are per sq. ft.) $13.72 $10.66 $12.43 $1.49 $1.49 N/A N/ALodging (fees are per room) $4,872.03 $3,786.58 $4,418.54 $1,494.21 $1,494.21 N/A N/ASpecialty (fees are per ADT) (2) $742.78 $576.94 $673.36 $412.29 $2,449.10 $2,449.10 $2,075.88 $2,201.16 Per PM Trip Per PM Trip
[1] The Orcutt Area Specific Plan Transportation Fee is in addition to Citywide Transportation Impact Fees.  See Council Agenda Report dated 10‐16‐2018[3] Fees shown are subject to an addiional 1.75% administrative charge when special calculations are required.[4] The LOVR interchange Fee is in adition to the Citywide Transportation Impact Fee.  The last update of the fee occurred in 2019.See Council Agenda Report dated 7‐2‐21019 Transportation Impact Fees
FY 2021-22 Rate
[2] All OASP retail Transportation "Add On" fees are paid for via residential land uses (There is no OASP fee for retail).  However, Retail is responsible for paying "Citywide" transpoartion ees as well as safety impact fees.  Office is shown in Work/Live units are porposed within the Specific Plan Area. Any other uses will use the Specialty fee for caclulating transportation impact fees

Parkland Fees Quimby Act Parkland InLieu Fee Parkland Impact Fee Park
Improvement
Impact Fee
Parkland
Development
Fees (Orcutt
Area)
Residential Subdivision
Single Family (per Dwelling Unit) $3,670.93 n/a $3,355.21 $8,049.12 Multifamily Condominium (per Dwelling unit) $2,643.39 n/a $2,416.22 $5,988.00 Residential, No Subdivision Single Family (per Dwelling Unit) n/a $3,670.93 $3,355.21 Multifamily Apartment (per Dwelling unit) n/a $1,697.41 $2,416.22 $5,988.00 Land Use Category Water Development Impact
Fee(Citywide)
Wastewater
Development Impact Fee
(Citywide)
Single Family & Multifamily (per Dwelling Unit Size)
≥ 1,201 sq. ft. (fees are per unit) $13,767.02 $12,785.98 801 to 1,200 sq. ft. (fees are per unit) $11,013.62 $10,288.83 451 to 800 sq. ft. (fees are per unit) $9,636.91 $9,003.46 ≤ 450 sq. ft. (fees are per unit) $4,154.26 $3,834.86
Mobile/Manufactured Home (per Dwelling Unit)
Mobile/Manufactured Home $8,308.51 $7,672.06
Non-Residential (by Meter Size)
3/4" meter $13,847.52 $12,785.98
1" meter $23,540.33 $21,735.93

1.5" meter $47,081.83 $43,471.87
2" meter $74,776.89 $69,043.83
3" meter $147,306.64 $136,809.75
4" meter $229,908.75 $213,525.62
6" meter $459,818.67 $427,051.26
Police (Citywide) Fire (Citywide)
Residential
Single Family
Per unit $794.64 $676.87
Multifamily
Per unit $572.18 $487.72
Non-Residential
Office (fees are per sq. ft.) $0.52 $0.45
Service (fees are per sq. ft.) $0.28 $0.25
Retail (fees are per sq. ft.) $0.28 $0.25
Industrial (fees are per sq. ft.) $0.21 $0.18
Institutional (fees are per sq. ft.) $0.28 $0.25
Lodging (fees are per room) $158.21 $134.43
Specialty (fees are per ADT) (2) Requires Calculation Requires Calculation Water and Wastewater Impact Fees
FY 2021-22 Rate
Emergency Services Impact Fees
FY 2021-22 Rate
FY 2021-22 Rate

City of San Luis Obispo Exhibit B
Distribution of AB 1600 Development Impact Fees
Report for Fiscal Year Ended June 30, 2022
Parkland In-Lieu Quimby Fee (Fund 501)
Project
Number Project Name
Fee Amount
Allocated to Project
Percent
Funded by
Quimby Fees
Quimby Fee
Expenditures
91683 North Broad Street Park $ 37,070 100% $ 37,070
1000188 Mitchell Park Picketball Courts $ 4,054 100% $ 4,054 1000190 Emerson Park Fitness Court $ 299,272 100% $ 299,272 Totals $ 340,395 $ 340,395
Citywide Transportation Development Impact Fee (Fund 507) Project
Number Project Name
Fee Amount
Allocated to Project
Percent
Funded by
Impact Fees
Impact Fee
Expenditures
1000164 Orcutt/Tank Farm Roundabout Construction $ 1,638,144 100% $ 1,638,144 1000502 Active Transportation Plan Implementation $ 1,522 100% $ 1,522 1000537 Transportation Monitoring & Modeling Update $ 500 100% $ 500 90949 Traffic Model Update $ 7,247 100% $ 7,247
91252 Prado Road Bridge Widening $ 117,696 100% $ 117,696 91375 Railroad Safety Trail Taft to Pepper - 2018 $ 1,009,619 100% $ 1,009,619 91609 Broad Street Corridor Access Improvements $ 162,282 100% $ 162,282 91435 LOVR Interchange Landscape $ 10,000 100% $ 10,000 91610 Higuera Street Widening Bridge to Elks $ 2,284 100% $ 2,284 91613 Prado Road Interchange $ 265,019 100% $ 265,019
99615 Bicycle Projects $ (5,384) 100% $ (5,384)
Totals $ 3,208,929 $ 3,208,929
Airport Area Transportation Development Impact Fee (Fund 503) Project
Number Project Name
Fee Amount
Allocated to Project
Percent
Funded by
Impact Fees
Impact Fee
Expenditures
91252 Prado Road Bridge Widening $ 201,495 100% $ 201,495 Totals $ 201,495 $ 201,495
San Luis Ranch Transportation Development Impact Fee (Fund 514) Project
Number Project Name
Fee Amount
Allocated to Project
Percent
Funded by
Impact Fees
Impact Fee
Expenditures
1000073 Transportation Safety And Operations $ 6,648 100% $ 6,648 Totals $ 6,648 $ 6,648

Wastewater Development Impact Fee (Fund 506)
Project
Number Project Name
Project Amount
Expended
Percent
Funded by
Impact Fees
Impact Fee
Expenditures
91118 Calle Joaquin Lift Station $ 1,604,922 28% $ 449,378 91219 WRRF Upgrade $ 617,584 21% $ 126,605
89351 Tank Farm Lift Station $ 736,576 58% $ 427,214
Totals $ 2,959,082 $ 1,003,197
Water Development Impact Fee (Fund 509)
Project
Number Project Name
Project Amount
Expended
Percent
Funded by
Impact Fees
Impact Fee
Expenditures
55110 Nacimiento $ 6,702,433 39% $ 2,613,949
6101-8100 2012 Water Refunding Debt Service $ 571,600 23% $ 131,468 6101-8100 2018 Refunding of '06 Bonds (WTP Improvements) $ 889,700 29% $ 258,013 Totals $ 8,163,733 $ 3,003,430
Affordable Housing Inclusionary Fee (Fund 505)
Cost Center Cost Center Name
Amount Allocated
to Program
Percent
Funded by
Fees Fee Expenditures
61013 Housing Policy and Homelessness Programs $ 1,035,000 100% $ 1,035,000 Totals $ 1,035,000 $ 1,035,000

Item 6f
Department: Public Works
Cost Center: 5001
For Agenda of: 1/23/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Brian Nelson, Deputy Director of Public Works and City Engineer SUBJECT: APPROVE A COMMUNITY WORKFORCE AGREEMENT FOR THE

PRADO ROAD INTERCHANGE AND PUBLIC SAFETY CENTER

PROJECTS

RECOMMENDATION
Authorize the Mayor to enter into a Community Workforce Agreement with the TriCounties Building and Construction Trades Council, AFL-CIO and the Signatory Craft Councils and Unions for the Prado Road Interchange and Public Safety Center projects.

POLICY CONTEXT
Consistent with the Council’s adopted 2021-23 Major City Goal of Economic Recovery, Resiliency, and Fiscal Sustainability work program, a Study Session held on September 21, 20211, and Council meetings held on April 192 and July 19, 20223, Council authorized staff to negotiate a Community Work Force Agreement (CWA) with the Tri-Counties Building and Construction Trades Council (the Trades Council). Council specifically directed staff to include the Prado Road Interchange and Public Safety Center projects, including a 50% local worker participation goal and excluding prevailing wage services provided through professional services agreements.

REPORT-IN-BRIEF
The purpose of this item is for Council to consider the tentative agreement negotiated between City staff and Trades Council representatives and, if acceptable, authorize the Mayor to enter into a Community Workforce Agreement for the proposed Prado Road Interchange and Public Safety Center projects, subject to final approval as to form by the City Attorney.

1 Strategies to Support Local Contractors, Vendors, and Labor on Public Projects: https://pubslocity.escribemeetings.com/filestream.ashx?DocumentId=1473 2 Community Workforce Agreements: Phase 2 Data Analysis, Outreach, and Draft Policy Development:
https://pub-slocity.escribemeetings.com/filestream.ashx?DocumentId=3424 3Direction on Terms of a Community Workforce Agreement for the Cultural Arts District Parking Structure:
https://pub-slocity.escribemeetings.com/filestream.ashx?DocumentId=5251

Item 6f
Based on an extensive stakeholder outreach process and a detailed review of past City Capital Improvement Program (CIP) projects, staff believes implementation of a CWA for these two large projects would help advance Council’s primary objective of increasing employment of local residents on the covered projects.

The agreement outlines basic terms related to union activities, project labor procurement and referral protocols, work stoppage, wages and benefits, management rights, dispute resolution, covered employees, and other terms identified in Articles 1-20 of the CWA and the related attachments. The CWA was negotiated by negotiating teams representing the City and the Trades Council following direction provided by City Council on April 19 and July 19, 2022.

DISCUSSION

1. Background

1.1.Workforce Agreement Task in Major City Goal
With the adoption of the 2021-23 Financial Plan, Council established a Major City Goal (MCG) of Economic Recovery, Resiliency, and Fiscal Sustainability. To help achieve this goal, Council outlined a specific task to research methods to support the participation of local contractors, local vendors, and local labor in public projects through workforce agreements, local purchasing requirements, and alternative project delivery methods.

This work effort has been broken into three general phases:

Phase 1 (complete). Council Study Session to provide input and guidance on the work effort and develop a project plan based on Council feedback. The Study Session was held in September 2021.

Phase 2 (complete). As framed by input and guidance from the phase one Study Session, develop a policy framework for Community Workforce Agreements (CWAs), alternative project delivery, and local purchasing. Within this policy framework, identify CWA negotiating objectives for Council consideration.

Phase 3 (current phase). Council consideration of programs and policies, and direction for implementation of the same.

This report focuses on the negotiation and proposed implementation of a CWA.

1.2.Definition and Purpose of a CWA
CWAs, sometimes referred to as Project Labor Agreements, or Project Stabilization Agreements, are "pre-hire" collective bargaining agreements between a project owner, contractors and building and construction trade unions. A CWA establishes standard terms and conditions of employment for a qualified construction project, including work conditions, hiring procedures, wages and benefits, management rights, dispute resolution procedures, and procedures to prevent work stoppages.

Item 6f
In addition, CWAs often include provisions to promote participation in covered projects by targeted workers and demographics, including residents, apprentices, historically underutilized or underrepresented groups, and veterans. CWAs may apply to a single project, projects with budgets over a specified threshold, projects of a specific type, or all projects undertaken by a project owner. Once adopted, CWAs are included in the bid documents for covered projects, and the provisions apply to the prime contractor, subcontractors of every tier, and workers for which prevailing wage determinations have been established by the California Department of Industrial Relations.

1.3.City Experience with a CWA
The City previously negotiated and entered a CWA with the Tri-Counties Building and Construction Trades Council (Trades Council) for the SLO Water Plus Project (i.e., WRRF Upgrade) in December 2018 to advance the objective defined by the Council of maximizing local employment. This was the first such agreement the City has approved and included a local worker participation goal of 30%.

By September 2022, approximately 83% of all labor hours (approximately 161,400 local hours out of 195,250 total hours) on the SLO Water Plus Project have been performed by workers residing in San Luis Obispo, Santa Barbara, Monterey, and Ventura Counties (defined in the CWA as "local workers"), representing a significant reinvestment of construction expenditures into the local economy. Table 1 presents the labor hours worked by residents of each tier on the SLO Water Plus Project.

Table 1. SLO Water Plus Project Labor Hours by Tier
No. Tier Description Labor
Hours1
% of Total
Labor Hours
1 1 City of San Luis Obispo 8,325 4%
2 2 San Luis Obispo County 96,635 50%
3 3 Monterey and Santa Barbara Counties 56,349 29%
4 4 Ventura County 92 <1%
5 N/A Non-Local 33,848 17%
6 TOTAL 195,249 100%
1Labor hours reported through September 30, 2022

1.4.CWA Alignment with Major City Goal
The City's ongoing Capital Improvement Program (CIP) includes several large construction projects that will provide the infrastructure required for economic vitality, neighborhood wellness, transportation, and public safety. These public projects present an opportunity to continue enhancing the employment of residents by implementing a CWA with the Trades Council that includes a local worker participation goal.

Item 6f

1.5.Previous Council Direction
A Study Session was held on September 21, 2021, to present strategies identified by staff to support the local economy. The Study Session included a guided discussion with a series of questions intended to determine Council’s preferred strategies and implementation priorities, and to inform the subsequent phases of the work program. The following feedback/direction was provided to staff during the Study Session:

1. Council supported analysis and implementation of the draft strategies as separate work efforts.

2. Council confirmed that its primary objective in considering implementation of a more broadly applicable CWA is to prioritize employment of local workers.

3. Council recommended using the SLO Water Plus CWA as a model for a future CWA.

4. Council recommended the CWA evaluation include consideration of appropriate cost thresholds and types of projects for inclusion in the CWA.

5. Council identified additional stakeholders to be included in the stakeholder outreach effort.

Following the Study Session, staff performed extensive stakeholder outreach and analyzed actual local hiring totals for a representative group of past City CIP projects to determine historical local worker participation and inform recommended CWA negotiating objectives. The stakeholder outreach process, historical CIP project review, and the resulting staff recommendations were presented to Council on April 19, 2022. The following feedback/direction was provided to staff during the April 2022 Council meeting:

1. Staff was authorized to negotiate a CWA with the Trades Council to include the Cultural Arts District Parking Structure (vertical construction component only), Prado Road Interchange, and Public Safety Center projects, including a 60% local worker participation goal and excluding prevailing wage services provided through professional services agreements;

2. The deadline to reach an agreement with Tri-Counties Building and Construction Trades Council is July 19, 2022, for the three legacy projects;

3. Staff should revisit CIP projects that could benefit from a CWA with each 2-year Financial Plan;

4. Staff should continue to track use of local workers in all CIP projects as part of key performance indicators;

5. Staff should revisit the continued use of CWAs after bidding of last legacy project; and

6. Staff should ensure the trades and businesses continue to coordinate with Cal Poly, Cuesta, Hancock and high schools for workforce development.

After the April 2022 Council meeting, staff initiated negotiations with the Trades Council; however, the City and Trades Council negotiating teams were unable to reach tentative agreement by the July 19, 2022, deadline established by Council (the negotiation process is described in greater detail in the following section of the report). A summary of the negotiation status and outstanding issues was presented to Council on July 19, 2022.

Item 6f
The following feedback/direction was provided to staff during the July 2022 Council meeting:

1. Based on the substantive differences on three issues of significance and the time constraints surrounding the bidding and contracting associated with the Cultural Arts District Parking Structure, Council acknowledged that the CWA would not apply to the Cultural Arts District Parking Structure in order to remain on schedule; and

2. Staff should continue to dialogue with the Trades Council for the Prado Road Interchange and Public Safety Center projects to determine if progress could be made on the open issues.

In accordance with Council’s direction, staff re-engaged with the Trades Council to reach consensus on the outstanding issues as described further below.

2. Negotiation Process
CWA negotiations began in June 2022 following Council direction provided at the April 2022 Council meeting. The City Attorney’s office formed a negotiating team comprised of the City Attorney, Mike Vlaming of Vlaming and Associates, and Justin Pickard of Water Systems Consulting, Inc., with support from Assistant City Manager Shelly Stanwyck and Public Works Director Matt Horn. Mr. Vlaming and Mr. Pickard were included in the negotiating team based on their expertise with CWAs and their previous experience supporting the City during negotiations for the SLO Water Plus Project. The Trades Council’s negotiating team included Ray Van der Nat, the attorney for the Trades Council; Joshua Medrano, the Executive Secretary of the Trades Council; and Martin Rodriguez, Business Agent for the Iron Workers Union Local 433.

The SLO Water Plus CWA was used as the model for negotiating the new agreement, which streamlined the negotiating process and allowed the negotiating teams to identify key issues on which to focus discussions in a relatively short timeframe. A draft CWA provided by the Trades Council in March 2022 was reviewed by the City’s team and a counterproposal was prepared and transmitted to the Trades Council prior to the first negotiation meeting held on June 23, 2022. Following the negotiation meeting, the Trades Council transmitted their first counterproposal, which was followed shortly by a counterproposal from the City and a best and final proposal by the Trades Council.

The negotiating teams were unable to reach agreement on several issues prior to the July 19, 2022, deadline for inclusion of the Cultural Arts District Parking Structure Project in the agreement as detailed in the July 19th Council Agenda Report. The City’s negotiating team re-initiated negotiations with the Trades Council after the July 2022 Council meeting in accordance with Council’s direction, and tentative agreement was ultimately reached during a negotiation meeting held on November 30, 2022.

Item 6f

3. Key Provisions
The following sections detail several key provisions included in the final, negotiated CWA included in this report as Attachment A.

1.6. Core Workers
CWAs designate trade unions as the exclusive source of craft labor on covered projects and union referral systems must be used exclusively by the general contractor and subcontractors of all tiers to obtain craft labor. The CWA includes provisions that allow local (based in the City of San Luis Obispo or San Luis Obispo County), non-union contractors to directly employ up to three of their long-standing, or “core workers,” before being required to use the union referral system. After employing three initial core workers, local area contractors can continue employing core workers on a one-to-one ratio with union referrals until a maximum of seven core workers have been employed. After seven core workers have been employed, any additional employees must be obtained through the standard union referral system. Non-local, non-union contractors can employ core workers on a one-to-one ratio with union referrals until a maximum of five core employees is reached. These core worker provisions will preserve the ability of non-union contractors to continue utilizing their key staff on covered projects.

1.7.Local Worker Participation
Pursuant to Council direction, the City’s primary objective in negotiating a CWA with the Trades Council was to maximize employment opportunities on several of the City’s largest CIP projects for local residents. The CWA includes provisions that allow unions to prioritize referral of local residents when workers are dispatched to covered projects, rather than following normal referral procedures which are typically based on an “out-ofwork list” (i.e., workers who have been waiting the longest to be dispatched to a project are the first to be referred). This prioritized dispatch of local workers is not possible absent a CWA. A 50% local worker participation goal is included in the proposed CWA.

1.8. Construction Inspection, Materials Testing, and Land Surveying Construction inspection, materials testing, and land surveying services procured by the City through professional services agreements are excluded from coverage by the CWA.

While prevailing wage determinations have been established for these crafts, the services are considered critical quality assurance and quality control functions that help ensure City control over project quality, budget, and schedule. Exclusion of these services from coverage by the agreement will preserve City control over essential QA/QC functions and help mitigate concerns raised by professional services providers during the stakeholder outreach process. Should inspection, materials testing, or land surveying services be procured by the general contractor or subcontractors, these services would be covered by the agreement.

Item 6f

1.9. Work Stoppages
The CWA includes provisions expressly prohibiting strikes, picketing, work stoppages, slowdowns, and lockouts to prevent interruptions to the work, with limited exceptions.

While work stoppages have been infrequent among construction trade unions in recent years, work stoppage and dispute resolution provisions in the CWA will help ensure continuation of work on covered projects in the event of a strike.

1.10. Community Workforce Coordinator
The City will designate a Community Workforce Coordinator to administer the CWA on its behalf for the covered projects. The Community Workforce Coordinator would be an outside consultant with specific experience administering CWAs, and would work with the general contractors, subcontractors, and trade unions to implement the requirements of the agreement and help the parties achieve the established local worker participation goal. The Community Workforce Coordinator can also perform key labor compliance functions to reduce the administrative burden on City staff and monitor contractor compliance with California Labor Code requirements.

4. Summary and Recommendation
The final, negotiated CWA reflects concessions by both the City and the Trades Council; however, the agreement meets Council’s primary goal of maximizing employment of local workers on several of the City’s largest CIP projects. The City Attorney’s office and Public Works staff will collaborate with the Trades Council, affiliated unions, and project contractors to successfully implement the agreement and meet the local worker participation goals.

Staff recommends Council authorize the Mayor to enter into a Community Workforce Agreement in a final form approved by the City Attorney (substantially in the form provided as Attachment A) with the Tri-Counties Building and Construction Trades Council, AFLCIO and the Signatory Craft Councils and Unions for the Prado Road Interchange and Public Safety Center projects.

Public Engagement
Extensive public engagement and stakeholder outreach was performed in winter 2021/22 and spring 2022 as part of the CWA evaluation that culminated with the April 19, 2022, City Council Meeting and Council Agenda Report. Feedback from the stakeholder outreach process was used to inform the negotiation objectives approved by Council which are reflected in the final, negotiated agreement.

CONCURRENCE
The Administration Department, City Attorney, and Community Services Group concur with the recommendations of this report.

Item 6f

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

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

Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $42,393 $19,655
Water Fund $10,598 $4,914
Sewer Fund $10,598 $4,914
Parking Fund $7,065 $3,276
Total: $70,655 $32,758
The appropriated budget for FY2022-23 allocated $70,655 in operating budget to hire necessary consultant support for this ongoing effort, with costs proportionally shared between the General Fund and three enterprise funds – Water, Sewer, and Parking. To date, $37,897 has been expended to cover consultant costs. Budget has been reserved for implementation of the CWA based upon Council’s preferred action, including work to develop procedures for implementation of CWAs on covered projects. The costs of implementation in the long term, which include consultant support for CWA contract oversight during project construction, would be applied to the covered Capital Projects and be incorporated into the project construction budget. Estimated administrative costs of a CWA range from 0.25% to 5% of total construction cost, with lower percentages for large multi-year projects such as the Prado Road Interchange and Public Safety Center projects.

ALTERNATIVES
Elect not to enter into the CWA with the Tri Counties Building and Construction Trades Council. Council may choose not to approve execution of the CWA at this time.

Council may select this alternative if it believes additional negotiations with the Trades Council are warranted or if a CWA would not benefit future City CIP projects. This alternative is not recommended as the final, negotiated agreement is anticipated to help realize Council’s goal of increasing local worker participation on the covered projects.

ATTACHMENTS
A – Community Workforce Agreement for the Prado Road Interchange and Public Safety Center projects

COMMUNITY WORKFORCE AGREEMENT

BY AND BETWEEN

THE CITY OF SAN LUIS OBISPO
AND

THE TRI COUNTIES BUILDING & CONSTRUCTION

TRADES COUNCIL, AFL-CIO
AND

THE SIGNATORY CRAFT COUNCILS AND UNIONS

City of San Luis Obispo 2 Community Workforce Agreement TABLE OF CONTENTS Page
ARTICLE 1 INTENT AND PURPOSE 5
ARTICLE 2 SCOPE OF AGREEMENT 6
ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 10
ARTICLE 4 UNION ACCESS AND STEWARDS 15
ARTICLE 5 WAGES AND BENEFITS 16
ARTICLE 6 WORK STOPPAGES AND LOCKOUTS 18
ARTICLE 7 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 22 ARTICLE 8 MANAGEMENT RIGHTS 22
ARTICLE 9 SETTLEMENT OF GRIEVANCES AND DISPUTES 24
ARTICLE 10 REGULATORY COMPLIANCE 26
ARTICLE 11 SAFETY AND PROTECTION OF PERSON AND PROPERTY 27 ARTICLE 12 TRAVEL AND SUBSISTENCE 28
ARTICLE 13 APPRENTICES 28
ARTICLE 14 PRE-JOB CONFERENCES 29
ARTICLE 15 LABOR/MANAGEMENT COOPERATION 30
ARTICLE 16 SAVINGS AND SEPARABILITY 30
ARTICLE 17 WAIVER 31
ARTICLE 18 AMENDMENTS 31
ARTICLE 19 ENTIRE AGREEMENT 31
ARTICLE 20 DURATION OF THE AGREEMENT 32
ATTACHMENT A – LETTER OF ASSENT 34
ATTACHMENT B – LOCAL RESIDENT ZIP CODES 35
ATTACHMENT C – CRAFT EMPLOYEE REQUEST FORM 36
ATTACHMENT D – DRUG AND ALCOHOL TESTING POLICY 38
ATTACHMENT E – MASTER LABOR AGREEMENTS 46

City of San Luis Obispo 3 Community Workforce Agreement

CITY OF SAN LUIS OBISPO

COMMUNITY WORKFORCE AGREEMENT
This Community Workforce Agreement (hereinafter, “Agreement”) is entered into by and between the City of San Luis Obispo and its successors or assigns, (“City”), the Tri Counties Building & Construction Trades Council, AFL-CIO (the “Council”), and the signatory Craft Councils and Unions signing this Agreement (hereinafter together with the Council, collectively, the “Unions”). This Agreement establishes the labor relations guidelines and procedures for the City and for the Contractors and craft employees represented by the Unions and engaged in Project Work. The City, Council, Unions, and Contractors that become signatory to this Agreement by executing the Letter of Assent are hereinafter referred to herein, as the context may require, as “Party” or “Parties.”
The Parties to this Agreement understand that if this Agreement is acceptable to the City, the policy of the City will be for the Project Work to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as “Attachment A”), and to require each of its subcontractors, of whatever tier, to become bound. The City shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City.

The City shall actively administer and enforce the obligations of this Agreement to ensure that the benefits envisioned from it flow to all signatory Parties, the Contractors and crafts persons working under it, and the residents of the City. The City shall therefore designate a “Community Workforce Coordinator,” either from its own staff or an independent contractor acting on behalf of the City, who will, with the support of the Contractors and Unions, monitor compliance with this Agreement; assist, as the authorized representative of the City, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purposes of the Parties and this Agreement; and to otherwise implement and administer this Agreement.

The term “Apprentice” as used in this Agreement shall mean those employees registered and participating in Joint Labor/Apprenticeship Programs approved by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California, and the Federal Department of Labor to the extent required by any Project funding source.

The term “Contractor” as used in this Agreement includes any individual, firm, partnership, or corporation, or combination thereof, including joint ventures, which as an Independent Contractor has entered into a contract with the City with respect to the Project Work, or with another Contractor as a subcontractor of whatever tier utilized by such Contractors for Project Work.

The term “Joint Labor/Apprenticeship Program” or “Approved Apprenticeship Programs,” as used in this Agreement means a joint Union and Contractor administered apprenticeship program certified by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California, and the Federal Department of Labor to the extent required by any Project funding source.

City of San Luis Obispo 4 Community Workforce Agreement The term “Local Area Resident” as used in this Agreement means a qualified person whose principal residence is located within the territory covered by the zip codes contained in Appendix B to this Agreement in priority order.

The term “Local Area Contractor” as used in this Agreement means a construction contracting entity whose principal place of business is located within the territory of Tier 1 or Tier 2 contained in Appendix B to this Agreement and has so located and continuously operated for a period of at least one (1) year prior to the award of Project Work.

The term “Letter of Assent” as used in this Agreement means the document that each Contractor (of any tier) must sign and submit to the Community Workforce Coordinator and the Council, before beginning any Project Work, which formally binds them to adhere to all applicable forms, requirements and conditions of this Agreement, in the form of the letter attached hereto as Attachment A.

The term “Project” or “Project Work” as used in this Agreement means the City’s construction, abatement, demolition, renovation, rehabilitation, upgrade and improvement work, and new construction as described in Section 2.2 of this Agreement and as contracted out by the City.

The terms “Master Labor Agreements” or “MLAs,” as used in this Agreement, means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement. A list of the applicable MLAs are attached hereto as Attachment E.

The term “Subscription Agreement” means the contract between a Contractor and a Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of MLA.

The Union and all Contractors agree to abide by the terms and conditions of this Agreement and agree that this Agreement represents the complete understanding of the Parties.

No Contractor is or will be required to sign or otherwise become a party to any other collective bargaining agreement with a signatory Union as a condition of performing work within the scope of this Agreement.

The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Project Work, without regard to whether that successful bidder performs work at other sites on either a union or non-union basis. This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.

The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance.

City of San Luis Obispo 5 Community Workforce Agreement ARTICLE 1

INTENT AND PURPOSE
Section 1.1 Identification and Retention of Skilled Labor and Employment of Local Area Residents: The construction and capital improvement work scheduled to be performed by the City will require large numbers of craft personnel and other supporting workers. The parties understand and intend to use the opportunities provided by the extensive amount of work to be covered by this Agreement to identify and promote, through cooperative efforts, programs and procedures (which may include, for example, programs to prepare persons for entrance into formal apprenticeship programs, or outreach programs to the community describing opportunities available as a result of the Project), the interest and involvement of Local Area Residents in the construction industry; assist them in entering the construction trades, and through utilization of the approved apprenticeship programs, provide training opportunities for those Local Area Residents and other individuals wishing to pursue a career in construction.

Further, with assistance of the Community Workforce Coordinator, the City, the Contractors, the Unions and their affiliated regional and national organizations, will work jointly to develop and implement procedures promptly for the identification of craft needs, the scheduling of work to facilitate the utilization of available craft workers, and to secure the services of craft workers in sufficient numbers to meet the high demands of the Project Work to be undertaken.

Section 1.2 Encouragement of Local Area Contractors: The Project will provide many opportunities for local contractors and suppliers to participate, and the parties therefore agree that they will cooperate with all efforts of the City, the Community Workforce Coordinator, and other organizations retained by the City for the purpose of encouraging and assisting the participation of such businesses in Project Work. The parties shall ensure that the provisions of this Agreement do not inadvertently establish impediments to the participation of Local Area Contractors and Local Area Residents.

Section 1.3 Project Cooperation: The Parties recognize that the construction to take place under this Agreement involves unique and special circumstances which dictate the need for the Parties to develop specific procedures to promote high quality, rapid and uninterrupted construction methods, and practices. The smooth operation and cost effective, successful and timely completion of the work is vitally important to the City. The Parties therefore agree that maximum cooperation among all parties involved is required; and that with construction work of this magnitude, with multiple contractors and crafts performing work on multiple sites over an extended period of time, all Parties agree to work in a spirit of harmony and cooperation, and with an overriding commitment to maintain the continuity and timely completion of Project Work.

Section 1.4 Workers' Compensation Carve-out: Further, the Parties recognize the potential which the Project may provide for the implementation of a cost-effective workers' compensation system as permitted by California Labor Code, Section 3201.5, as revised. Should the City request, the Union parties agree to meet and negotiate in good faith with representatives of the City for the development, and subsequent implementation, of an effective program involving improved and revised dispute resolution and medical care procedures for the delivery of workers’ compensation benefits and medical coverage as permitted by the Code.

City of San Luis Obispo 6 Community Workforce Agreement Section 1.5 Peaceful Resolution of All Disputes: In recognition of the special needs of the Project and to maintain a spirit of harmony, labor-management peace and stability during the term of this Community Workforce Agreement, the Parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes and grievances; and in recognition of such methods and procedures, the unions agree not to engage in any strike, slowdowns, interruptions, or disruption of Project Work, and the contractors agree not to engage in any lockout, or any other action impairing or impeding the Project Work.

Section 1.6 Binding Agreement on Parties and Inclusion of Local Area Residents and Businesses: By executing this Agreement, the City, Council, Unions and Contractors agree to be bound by each and all of the provisions of this Agreement, and pledge that they will work together to adopt, develop, and implement processes and procedures which are inclusive of the Local Area Residents and Local Area Contractors.

ARTICLE 2

SCOPE OF AGREEMENT
Section 2.1 General: This Agreement shall only apply to work which is contracted out by the City, as specified in Section 2.2 of this Article, performed by those Contractor(s) of whatever tier that have contracts awarded for such work.

Section 2.2 Specific: The Projects are defined and limited to:

2.2.1 All construction, abatement, demolition, renovation, rehabilitation, upgrade and improvement work and new construction to be performed pursuant to or under a contract with the City for the Prado Road Interchange and Public Safety Center Projects, as finally approved and constructed, and all subcontracts flowing from these contracts (“Project Work”), are covered under this Agreement.

2.2.2 The Parties understand that the City may at any time, and at its sole discretion, determine to build segments of the Project under this Agreement which were not currently proposed, or to modify or not to build any one or more particular segments proposed to be covered. It is understood by the Parties that the City may at any time, and at its sole discretion, add additional projects under this Agreement not otherwise covered by this Agreement.

Section 2.3 Exclusions: Items specifically excluded from the Scope of this Agreement include the following:

2.3.1 Work of non-manual employees, including but not limited to: superintendents; administrators; supervisors; time keepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, administrative, supervisory and management employees;

2.3.2 Equipment and machinery operated by the City;

City of San Luis Obispo 7 Community Workforce Agreement

2.3.3 All off-site manufacture and handling of materials, equipment, or machinery; provided, however, that lay down or storage areas for equipment or material and manufacturing (prefabrication) sites, dedicated solely to the Project or Project Work, and the movement of materials or goods between locations on a Project site are within the scope of this Agreement;

2.3.4 All employees of the City, Community Workforce Coordinator, design teams (including, but not limited to, architects, engineers and master planners), or any other consultants or service providers contracted directly with the City (including, but not limited to, project managers and construction managers, Surveyors, Building/Construction Inspectors, and Field Soils and Material Testers, and their employees) and their sub-consultants, and other employees of professional service organizations who provide services to the City through professional services agreements. However, to the extent that services are performed under a construction contract with the Contractor awarded the Project Work or a related construction subcontract, this Agreement shall include the classifications of Surveyor, Building/Construction Inspector and Field Soils and Material Testers (Inspectors) as a covered craft under this Agreement as applied to the scope of work defined in the Master Labor Agreement for said craft and shall also specifically include such work where it is referred to by utilization of such terms as “quality control” or “quality assurance.” In that circumstance, every Surveyor, Building/Construction Inspector performing work under these classifications pursuant to a construction contract with a Contractor for Project Work shall be bound to all applicable requirements of this Agreement;

2.3.5 Any work performed on or near or leading to or into a site of work covered by this Agreement and undertaken by state, county, city, California Polytechnic University, or other governmental bodies, or their Contractors or consultants; or by public utilities, or their Contractors or consultants; and/or by the City or its Contractors or consultants (for work that is not within the scope of this Agreement);

2.3.6 Off-site maintenance of leased equipment and on-site supervision of such work;

2.3.7 It is recognized that certain equipment and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the equipment and systems, together with requirements of manufacturer’s warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of the Owner’s and/or manufacturer’s personnel. The Unions agree to install such material, equipment and systems without incident, or allow such installation to be performed by the manufacturer’s employees or a contractor certified by the manufacturer where the Unions are unable to perform such work or the warranty requires the work to be performed by the employees of the manufacturer or a contractor certified by the manufacturer. If a warranty on the manufacturer’s specialty or technical equipment or systems purchased by the Owner requires that the installation of such specialty or technical equipment or system be performed by the manufacturer’s own personnel, then such installation may be performed by the manufacturer’s own personnel. If a warranty on the manufacturer’s specialty or technical equipment or systems purchased by the Owner requires that the installation of such specialty or technical equipment or system be performed by a contractor certified by the manufacturer, and there are no Union signatory contractors certified by the manufacturer to install and/or perform such work, then such installation may be performed by such certified contractor. The Contractor shall notify the

City of San Luis Obispo 8 Community Workforce Agreement Unions at the pre-job conference of the use of this provision and shall provide copies of the written warranty that require that the work be performed by the manufacturer’s own personnel, or a contractor certified by the manufacturer, to the affected Union. When the warranty does not require installation by the manufacturer’s own personnel or a contractor certified by the manufacturer, the Unions agree to perform and install such work under the supervision and direction of the manufacturer’s representative;

2.3.8 Non-construction support services contracted by the City, Community Workforce Coordinator, consultants, or Contractor in connection with this Project;

2.3.9 Off-site laboratory work for testing; and

2.3.10 The movement and placement of free-standing furniture owned or controlled by the Owner; however, the installation of office furniture that is attached to the realty shall be covered by this Agreement.

Section 2.4 After installation by the Contractor(s) and upon notice of completion, it is understood the City reserves the right to perform start-up, operation, repair, maintenance or revision of equipment or systems with persons of the City’s choice. If required, the service representative may make a final check to protect the terms of a manufacturer’s guarantee or warranty prior to start-up of a piece of equipment.

Section 2.5 Awarding of Contracts:

2.5.1 The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on this Project to any Contractor notwithstanding the existence or nonexistence of any agreements between such Contractor and any Union parties, provided only that such Contractor is ready, willing and able to execute and comply with this Community Workforce Agreement should such Contractor be awarded work covered by this Agreement.

2.5.2 Subject to section 2.6, below, it is agreed that all Contractors and subcontractors of whatever tier, who have been awarded contracts for work covered by this Agreement, shall be required to accept and be bound to the terms and conditions of this Community Workforce Agreement, and shall evidence their acceptance by the execution of the Letter of Assent set forth in Attachment “A” hereto, prior to the commencement of work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance on the construction contract, the Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project.

No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the Community Workforce Coordinator and to the Council forty-eight (48) hours before the commencement of Project Work, or within fortyeight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

City of San Luis Obispo 9 Community Workforce Agreement Section 2.6 Coverage Exception: This Agreement shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. The City agrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority. If the City receives funding or assistance from any Federal, State, local or other public entity for a Project, after award of such project, and such funding prohibits the use of this Agreement, the Parties shall meet and discuss the issue. The City agrees that it will make a good faith effort to establish the enforcement of this Agreement with any governmental agency or granting authority and the Unions agree to jointly defend and support any defense of a Project challenged because of the application of this Agreement to such Project.

Section 2.7 Master Labor Agreements:

2.7.1 The provisions of this Agreement, including the Master Labor Agreements (hereinafter “MLAs”), as such may be changed from time-to-time and which are incorporated herein by reference, shall apply to the work covered by this Agreement. This Agreement is not intended to supersede the MLAs between any of the Contractors performing construction work on the Project and a Union signatory thereto except to the extent the provisions of this Agreement are inconsistent with such MLAs, in which event the provisions of this Agreement shall apply. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), work within the jurisdiction of the International Union of Elevator Constructors, and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians except that Articles dealing with Work Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. Where a subject is covered by the provisions of an MLA and not covered by this Agreement, the provisions of the MLA shall apply. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all Parties signatory hereto who are then currently employed or represented at the Project. Any dispute as to the applicable source between this Agreement and any MLA for determining the wages, hours or working conditions of employees on this Project shall be resolved under the procedures established in Article 9.

2.7.2 It is understood that this Agreement, together with the referenced MLAs, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Community Workforce Agreement, the Contractor will not be obligated to sign any other local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign an uniformly applied, non-discriminatory “Subscription Agreement” at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make

City of San Luis Obispo 10 Community Workforce Agreement contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign such Subscription Agreement, to the extent required by this Agreement, with the appropriate Craft Union prior to the subcontractor beginning Project Work.

Section 2.8 Binding Signatories Only: This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party.

Section 2.9 Other City Work: This Agreement shall be limited to the construction work within the Scope of this Agreement including, specifically, site preparation and related demolition work, and new construction and major rehabilitation work referenced in Section 2.2 above. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its own account, on its property or in and around a Project site.

Section 2.10 Separate Liability: It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City or Community Workforce Coordinator and/or any Contractor.

Section 2.11 Completed Project Work: As areas, phases, portions, sections or segments of Project Work are accepted by the City, this Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the City or its representatives to engage in repairs, modification, check-out and/or warranties functions required by its contract(s) with the City.

ARTICLE 3

UNION RECOGNITION AND EMPLOYMENT
Section 3.1 Recognition: The Contractor recognizes the Council and the Unions as the exclusive bargaining representative for the employees engaged in Project Work.

Section 3.2 Contractor Selection of Employees: The Contractor shall have the right to determine the competency of all employees, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any reporting pay required under the appropriate MLA; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified workers through the procedures endorsed in this Agreement.

Section 3.3 Referral Procedures:

3.3.1 For signatory Unions now having a job referral system contained in a MLA, the Contractor agrees to comply with such system, and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a

City of San Luis Obispo 11 Community Workforce Agreement nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Area Residents and participation of Local Area Contractors on the Project, and to facilitate the ability of all Contractors to meet their employment needs.

3.3.2 The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The Unions will work with their affiliated regional and national unions, and jointly with the Community Workforce Coordinator and others designated by the City, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, giving preference to Local Area Residents, for entrance into approved apprenticeship programs, or participation in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel.

3.3.3 The Union shall not knowingly refer an employee currently employed by a Contractor on Project Work to any other Contractor.

3.3.4 Core Workers: As the initial workers on the Project, a Local Area Contractor, which is not currently working under a Master Labor Agreement, that is awarded work on the Project may directly employ up to a maximum of three (3) members of its regular, local, experienced work force, where the employees so designated as “Core Workers” meet the following qualifications:
(a) Possess any license required by state or Federal law for the Project work to be performed;
(b) Have worked at least two thousand (2,000) hours in the applicable trade or craft;
(c) Have been employed by the Contractor for at least sixty (60) working days of the one hundred (100) working days immediately preceding the award of the Project Work to the Contractor;
(d) Are Local Area Residents;
(e) Have the ability to safely perform the basic functions of the applicable craft or trade.

After directly employing up to three (3) Core Workers, the Local Area Contractor shall thereafter be subject to the procedures for Union referral of Project workers below. The Local Area

City of San Luis Obispo 12 Community Workforce Agreement Contractor, upon request by the Community Workforce Coordinator, shall provide the necessary documentation to support the qualification of an employee as a Core Worker.

If additional workers are needed following the hiring of workers pursuant to the provisions above, then the Local Area Contractor shall request, and the Union shall refer a worker from its referral list. Local Area Contractors may then directly employ one (1) additional of their qualified Core Workers that is referred pursuant to the referral procedures referenced in this Section 3, after which one (1) worker shall be referred from the Union referral list. This alternating procedure of referral shall continue until a maximum of eight (8) qualified Core Workers have been directly employed by or referred to the Contractor. All additional workers shall be requested and referred pursuant to otherwise applicable Union referral list procedures and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the additional workers utilized under the procedures in this paragraph shall register with the Union’s hiring hall before commencing work on the Project. If there is any question regarding a worker’s eligibility under this Section 3.3.4, the Contractor shall provide satisfactory proof of such at a Union’s request. The provisions of this Section 3.3.4 shall only apply to Local Area Contractors and workers who are not working under the terms of a Master Labor Agreement at the time of their transfer to work covered under this Agreement.

All other Contractors not currently signatory to a Master Labor Agreement that is awarded work on the Project may directly employ one (1) Core Worker (as defined below) that is referred pursuant to the referral procedures referenced in this Section 3 after which one (1) worker shall be referred from the Union referral list. This alternating procedure of referral shall continue until a maximum of five (5) qualified Core Workers have been directly employed by or referred to the Contractor. All additional workers shall be requested and referred pursuant to otherwise applicable Union referral list procedures and the local hire provisions of this Agreement. On layoffs, the Contractor shall reverse the alternating process. The Contractor shall notify the appropriate Union utilizing the Craft Request Form (Attachment “C”) and each of the additional workers utilized under the procedures in this paragraph shall register with the Union’s hiring hall before commencing work on the Project. If there is any question regarding a worker’s eligibility under this section 3.3.4, the Contractor shall provide satisfactory proof of such at a Union’s request. “Core Workers” are those employees who meet the following qualifications:
(a) Possesses any license required by state or Federal law for the Project work to be performed;
(b) Have worked at least two thousand (2,000) hours in the applicable trade or craft; (c) Have been employed by the Contractor for at least sixty (60) working days of the one hundred (100) working days immediately preceding the award of the Project Work to the Contractor; and
(d) Have the ability to safely perform the basic functions of the applicable craft or trade.

The Core Workers shall present to and be dispatched through the applicable Union referral procedures.

City of San Luis Obispo 13 Community Workforce Agreement

3.3.4.1 Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of its Core Workers to the Community Workforce Coordinator and the Council. Failure to do so will prohibit the Contractor from using any Core Workers. Upon request by any Party to this Agreement, the Contractor hiring any Core Worker shall provide satisfactory proof (e.g., payroll records, quarterly tax records, driver’s license, voter registration, postal address and such other documentation) evidencing the Core Worker’s qualification as a core employee to the Community Workforce Coordinator and the Council.

Section 3.4 Non-Discrimination in Referral, Employment, and Contracting: The Unions and Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status, or disability. The Parties shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere within a local and small business enterprises successfully bidding for work within the scope of this Agreement shall be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the City’s policies and commitment to its goals for the significant utilization of local and small businesses as direct Contractors or suppliers for Project Work.

Section 3.5 Employment of Local Area Residents:

3.5.1 The Unions and Contractors agree that, to the maximum extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to recruit sufficient numbers of skilled craft Local Area Residents as defined herein, to fulfill the requirements of the Contractors and shall refer on a priority basis all available, qualified Local Area Resident workers. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project, the Parties agree to support the hiring of Local Area Resident workers, as well as Veterans. Towards that end, the Unions agree that they will exert their best efforts to encourage and provide referrals and utilization of qualified workers in accordance with the following priority:

3.5.1.1 First, Local Area Residents residing in those first-tier zip codes which cover the City of San Luis Obispo (Tier 1), as reflected on the attached list of zip codes as reflected on Attachment “B”.

3.5.1.2 If the Unions cannot provide the Contractors with a sufficient number of qualified workers from Paragraph 3.5.1.1, above, the Unions will exert their best efforts to then recruit qualified workers residing within the County of San Luis Obispo (Tier 2), and shall refer all such available workers, giving first priority to Veterans residing in county.

3.5.1.3 If the Unions still have not provided the Contractors with a sufficient number of qualified workers from Paragraphs 3.5.1.1 and 3.5.1.2, above, the Unions will then exert their best efforts to recruit qualified workers residing in the zip codes specified within

City of San Luis Obispo 14 Community Workforce Agreement Santa Barbara and Monterey counties (Tier 3), and shall refer all such available workers, giving first priority to Veterans residing in those zip codes.

3.5.1.4 If the Unions still have not provided the Contractors with a sufficient number of qualified workers from Paragraphs 3.6.1.1, 3.6.1.2, and 3.6.1.3 above, the Unions will then exert their best efforts to recruit qualified workers residing in the zip codes specified within Ventura County (Tier 4), and shall refer all such available workers, giving first priority to Veterans residing in those zip codes.

3.5.2 A goal of at least 50% of all of the construction labor hours worked on the Project shall be from Local Area Residents, with first priority referrals on all Contractor requests given to available Local Area Residents, in ascending order of tier, regardless of attainment of goals.

To facilitate the dispatch of Local Area Residents, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any Project Work, a sample of which is attached as Attachment “C”.

Should the referral data show that the participation goal is not being met, the Parties agree to meet and confer regarding changes, including, but not limited to, increasing the number of Core Workers that are Local Area Residents, that can be immediately implemented in order to achieve the participation goal.

3.5.3 The Community Workforce Coordinator shall work with the Unions and Contractors in the administration of this Local Area Resident preference; and the Contractors and Unions shall cooperate by maintaining adequate records to demonstrate to the Community Workforce Coordinator that such preferences have been pursued.

3.5.4 In determining compliance with the targeted hiring goals of Section 3.5.2 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. Additionally, the Local Area residency requirement, set forth in Section 3.3.4(d), shall not apply to out of state workers.

Section 3.6 Helmets to Hardhats: The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement, the term “Eligible Veteran” shall have the same meaning as the term “veteran” as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re-codified from time to time. It shall be the responsibility of each qualified Local Area Resident to provide the Unions with proof of his/her status as an Eligible Veteran.

The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and

City of San Luis Obispo 15 Community Workforce Agreement employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

Section 3.7 Time for Referral: If any Union’s registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays, and holidays), that Contractor may use employment sources other than the Union registration and referral services and may employ applicants meeting such standards from any other available source. The Contractors shall inform the Union of any applicants hired from other sources within forty-eight (48) hours of such applicant being hired, and such applicants shall register with the appropriate hiring hall, if any, prior to commencing work on the Project.

Section 3.8 Lack of Referral Procedure: If a signatory Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 3.5.

Section 3.9 Union Membership: Employees are not required to become or remain union members or pay dues or fees as a condition of performing covered work under this Agreement. Contractors shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. Nothing in this Section 3.9 is intended to supersede the requirements of applicable Master Agreements as to those Contractors otherwise signatory to such Master Agreements and as to the employees of those Contractors who are performing covered work.

Section 3.10 Individual Seniority: Except as provided in Section 4.3, individual seniority shall not be recognized or applied to employees working on the Project; provided, however, that group and/or classification seniority in a Union’s MLA, as of the effective date of this Agreement shall he recognized for purposes of layoffs.

Section 3.11 Foremen: The selection and number of craft foreman and/or general foreman shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors.

ARTICLE 4

UNION ACCESS AND STEWARDS
Section 4.1 Access to Project Sites: Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security, and safety rules.

Section 4.2 Stewards:

City of San Luis Obispo 16 Community Workforce Agreement

4.2.1 Each signatory Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non-working stewards. Stewards will receive the regular rate of pay for their respective crafts.

4.2.2 In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor. Each steward should be concerned only with the employees of the steward’s Contractor and, if applicable, subcontractor(s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward on the basis of proper performance of his/her Union duties.

4.2.3 When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor.

4.2.4 The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 4.3 Steward Layoff/Discharge: The relevant Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable MLA, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given.

Section 4.4 Employees on Non-Project Work: On work where the personnel of the City may be working in close proximity to the construction activities covered by this Agreement, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with the City personnel, or with personnel employed by the any other employer not a Party to this Agreement.

ARTICLE 5

WAGES AND BENEFITS
Section 5.1 Wages: All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that rate as of its effective date under the law. Notwithstanding any other provision of this

City of San Luis Obispo 17 Community Workforce Agreement Agreement, this Agreement does not relieve Contractors directly signatory to one or more of the Master Labor Agreements from paying all wages set forth in such Agreements.

Section 5.2 Benefits:

5.2.1 Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate MLA and make all employee authorized deductions in the amounts designated in the appropriate MLA; provided, however, that such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination.

Notwithstanding any other provision of this Agreement, Contractors directly signatory to one or more of the Master Labor Agreements are required to make all contributions set forth in those Master Labor Agreements without reference to the forgoing. Bona fide benefit plans with joint trustees or authorized employee deduction programs established or negotiated under the applicable MLA, or by the Parties to this Agreement during the life of this Agreement may be added.

5.2.2 The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor.

5.2.3 Each Contractor and subcontractor is required to certify to the Community Workforce Coordinator that it has paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, upon timely notification by a Union to the Community Workforce Coordinator, the Community Workforce Coordinator shall work with any prime Contractor or subcontractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting the City or the prime Contractor to withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.

Section 5.3 Wage Premiums: Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay, and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination.

Section 5.4 Compliance with Prevailing Wage Laws: The Parties agree that the Community Workforce Coordinator shall monitor the compliance by all Contractors and subcontractors with all applicable federal and state prevailing wage laws and regulations, and that such monitoring shall include Contractors engaged in what would otherwise be Project Work but for the exceptions to Agreement coverage in Section 2.2. All complaints regarding possible prevailing wage violations shall be referred to the Community Workforce Coordinator for processing, investigation, and resolution, and if not resolved within thirty (30) calendar days, may be referred by any party to the state labor commissioner.

City of San Luis Obispo 18 Community Workforce Agreement ARTICLE 6

WORK STOPPAGES AND LOCK-OUTS
Section 6.1 No Work Stoppages or Disruptive Activity: The Council and the Unions agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk-out, slow-down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Project Work, or which interferes with or otherwise disrupts Project Work, or with respect to or related to the City or Contractors or subcontractors, including, but not limited to economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is subject to arbitration. Any such actions by the Council, or Unions, or their members, agents, representatives or the employees they represent shall constitute a violation of this Agreement.

The Council and the Union shall take all steps necessary to obtain compliance with this Article and neither should be held liable for conduct for which it is not responsible.

Section 6.2 Employee Violations: The Contractor may discharge any employee violating Section 6.1 above and any such employee will not be eligible for rehire under this Agreement.

Section 6.3 Standing to Enforce: The City, the Community Workforce Coordinator, or any Contractor affected by an alleged violation of Section 6.1 shall have standing and the right to enforce the obligations established therein.

Section 6.4 Expiration of MLAs: If the MLA, or any local, regional, and other applicable collective bargaining agreements expire during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 6.1 above as a result of the expiration of any such agreement(s) having application on this Project and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected:

6.4.1 Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union’s interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in San Luis Obispo County.

6.4.2 Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions: if a new MLA, local, regional or other

City of San Luis Obispo 19 Community Workforce Agreement applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each employee’s hours worked on the Project during the retroactive period. All Parties agree that such affected Contractors shall be solely responsible for any retroactive payment to its employees.

6.4.3 Some Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under Paragraph 6.4.1, above and other Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph

6.4.2, above. To decide between the two options, Contractors will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractors in writing its specific offer of terms of the interim agreement pursuant to Paragraph (a) above, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected the retroactivity option offered under Paragraph 6.4.2, above.

Section 6.5 No Lockouts: Contractors shall not cause, incite, encourage, condone or participate in any lock-out of employees with respect to Project Work during the term of this Agreement. The term “lock-out” refers only to a Contractor’s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement, nor does “lock-out” include the City’s decision to stop, suspend or discontinue any Project Work or any portion thereof for any reason.

Section 6.6 Best Efforts to End Violations:

6.6.1 If a Contractor contends that there is any violation of this Article or Section 7.3, it shall notify, in writing, the Executive Secretary of the Council, the Senior Executive of the involved Union(s) and the Community Workforce Coordinator. The Executive Secretary and the leadership of the involved Union(s) will immediately instruct, order and use their best efforts to cause the cessation of any violation of the relevant Article.

6.6.2 If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the Community Workforce Coordinator, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 6.8. The Community Workforce Coordinator shall promptly order the involved Contractor(s) to cease any violation of the Article.

Section 6.7 Withholding of services for failure to pay wages and fringe benefits:

Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who fails to timely pay its weekly payroll; or fails to make

City of San Luis Obispo 20 Community Workforce Agreement timely payments to the Union’s Joint Labor/Management Trust Funds in accordance with the provisions of the applicable MLA. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the Union’s Joint Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union’s MLA, but in no event less than seventy-two (72) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractor and the City. Union will meet within the ten (10) day period to attempt to resolve the dispute.

6.7.1 Upon the payment of the delinquent Contractor of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work.

Section 6.8 Expedited Enforcement Procedure: Any Party, including the City, which is an intended beneficiary of this Article, or the Community Workforce Coordinator, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 6.1, 6.5 or Section 7.3 is alleged.

6.8.1 The Party invoking this procedure shall notify Lou Zigman, or, if Mr. Zigman is unavailable, Sara Adler, who have been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrator and alternate arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the party invoking this procedure shall notify Sara Adler. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by telegram, facsimile, handdelivery or overnight mail and will be deemed effective upon receipt.

6.8.2 Upon receipt of said notice, the arbitrator named above, or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Council of the involved Union(s) and/or Contractor.

6.8.3 The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all Parties. A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator.

6.8.4 The sole issue at the hearing shall be whether or not a violation of Sections 6.1,

6.5 or Section 7.3 has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. The Award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award.

The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such Award, upon issuance, shall be served on all Parties by hand or registered mail.

City of San Luis Obispo 21 Community Workforce Agreement

6.8.5 Such Award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator's Award as issued under this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party's right to participate in a hearing for a final order of enforcement. The court's order or orders enforcing the arbitrator's award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement (for a Union), as shown in their business contract for work under this Agreement (for a Contractor) and to the representing Union (for an employee), by certified mail by the Party or Parties first alleging the violation.

6.8.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties to whom they accrue.

6.8.7 The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties.

6.8.8 Liquidated Damages. If the arbitrator determines that a work stoppage, in violation of Section 6.1 has occurred, the respondent Unions(s) shall, within eight (8) hours of receipt of the award, direct all the employees they represent on the project to immediately return to work. If the craft(s) involved does not return to work by the beginning of the next regularly scheduled shift following such eight (8) hour period after receipt of the arbitrator’s award, and the respondent Union(s) have not complied with their obligation to immediately instruct, order, and use their best efforts to cause a cessation of the violation and return of the employees they represent to work, then the respondent Union(s) shall each pay a sum as liquidated damages to the City, and each shall pay an additional sum per shift for each shift thereafter on which the craft(s) has not returned to work. Similarly, if the arbitrator determines that a lock-out, in violation of Section 6.5 has occurred, the respondent Contractor(s) shall, within eight (8) hours of receipt of the award, return all the affected employees to work on the Project, or otherwise correct the violation as found by the arbitrator. If the respondent Contractor(s) do not take such action by the beginning of the next regularly scheduled shift following the eight (8) hour period, each respondent Contractor shall pay a sum as liquidated damages in equal amounts to the City and to the affected Union(s) (with union amounts to be apportioned among the affected employees and the benefit funds to which contributions are made on their behalf, as appropriate and designated by the Arbitrator) and each shall pay an additional sum per shift for each shift thereafter in which compliance by the respondent Contractor(s) has not been completed. The Arbitrator shall retain jurisdiction to determine compliance with this Section and to establish the appropriate sum of liquidated damages, which shall not be less than five thousand dollars ($5,000) per shift, nor more than twenty thousand dollars ($20,000) per shift.

City of San Luis Obispo 22 Community Workforce Agreement ARTICLE 7

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 7.1 Assignment of Work: The assignment of Project Work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

Section 7.2 The Plan: All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Contractor parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractor and Union parties to this Agreement.

7.2.1 If a dispute arising under this Article involves the Southwest Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall be held at the offices of the applicable Building and Construction Trades Council within fourteen (14) days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

Section 7.3 No Work Disruption Over Jurisdiction: All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Contractor’s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.

Section 7.4 Pre-Job Conferences: As provided in Article 14, each Contractor will conduct a pre-job conference with the Council prior to commencing work. The Contractor and the Owner will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.

Section 7.5 Resolution of Jurisdictional Disputes: If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand-billing or otherwise advising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in Article 6 above.

ARTICLE 8

MANAGEMENT RIGHTS
Section 8.1 Contractor and City Rights: The City and the Contractor retain the full and exclusive authority for the management of its operations, as set forth in this Article, unless expressly limited or required by the other Articles of this Agreement or an MLA. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors

City of San Luis Obispo 23 Community Workforce Agreement expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights include, but are not limited to, the right to:

8.1.1 Plan, direct and control operations of all work;

8.1.2 Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements;

8.1.3 Promulgate and require all employees to observe reasonable job rules and security and safety regulations;

8.1.4 Discharge, suspend or discipline their own employees for just cause;

8.1.5 Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and

8.1.6 Assign overtime, determine when it will be worked, and the number and identity of employees engaged in such work, subject to such provisions in the applicable MLA(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.

Section 8.2 Specific City Rights: In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City’s rights (and those of the Community Workforce Coordinator on its behalf) include but are not limited to the right to:

8.2.1 Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements;

8.2.2 Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at particular locations;

8.2.3 At its sole option, terminate, delay and/or suspend any and all portions of the Project Work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City’s facilities and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of its facilities. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the Community Workforce Coordinator, and the affected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this Section; provided, however, that if notice is not provided in time to advise employees not to report for work, show-up pay shall be due pursuant to the provision of Article 6, Section 6.6);

City of San Luis Obispo 24 Community Workforce Agreement

8.2.4 Approve any work methods, procedures and techniques used by Contractors whether or not these methods, procedures or techniques are part of industry practices or customs, provided that nothing herein shall require such approval or extend any liability related to work performed by Contractors to the City; and

8.2.5 Investigate and process complaints, through its Community Workforce Coordinator, in the matter set forth in Articles 6 and 9.

Section 8.3 Use of Materials: There should be no limitations or restriction by Union upon a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contract and Labor Codes as required by law in reference to offsite construction.

Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work. The City and its Community Workforce Coordinator shall advise all Contractors of, and enforce as appropriate, the off-site application of the prevailing wage law as it affects Project Work.

Section 8.4 Special Equipment, Warranties and Guaranties:

8.4.1 The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor-savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.

8.4.2 If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 9.

ARTICLE 9

SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 9.1 Cooperation and Harmony on Site:

9.1.1 This Agreement is intended to establish and foster continued close cooperation between management and labor. The Council shall assign a representative to this Project for the purpose of assisting the Unions, and working with the Community Workforce Coordinator, together with the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages.

City of San Luis Obispo 25 Community Workforce Agreement

9.1.2 The Community Workforce Coordinator, the Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 6 or 7.

9.1.3 The Community Workforce Coordinator shall oversee the processing of grievances under this Article and Article 6, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met.

Section 9.2 Processing Grievances: Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the MLAs, but not jurisdictional disputes or alleged violations of Section 6.1 and 6.5 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures.

Step 1. Employee Grievances: When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his Union business representative or job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated. A business representative of the Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to adjust the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the parties directly involved.

Union or Contractor Grievances: Should the Union(s) or any Contractor have a dispute with the other party(ies) and, if after conferring within ten (10) working days after the disputing party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in 1(a) above for the adjustment of an employee complaint.

Step 2. The business manager of the involved Union or his designee, together with the site representative of the involved Contractor, and the labor relations representative of the Community Workforce Coordinator, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.

City of San Luis Obispo 26 Community Workforce Agreement Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union or Contractor party may request in writing to the Community Workforce Coordinator (with copy(ies) to the other party(ies)) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list of experienced construction industry arbitrators below, on a rotational basis in the order listed.

Those arbitrators are: (1) Louis Zigman; (2) Sara Adler; (3) Fredric Horowitz; (4) Edna Francis; (5) William Rule; (6) Walt Daugherty; and (7) Michael Rappaport. The decision of the arbitrator shall be final and binding on all parties and the fee and expenses of such arbitrations shall be borne equally by the involved Contractor(s) and the involved Union(s). (b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to or detract from any of the provisions of this Agreement.
(c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the parties (e.g., conference room, court reporter, etc.) in arbitration, shall be divided equally by the parties to the arbitration, including Union(s) and Contractor(s) involved.

Section 9.3 Limit on Use of Procedures: Procedures contained in this Article shall not be applicable to any alleged violation of Articles 6 or 7, with a single exception that any employee discharged for violation of Section 6.2, or Section 7.3, may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation.

Section 9.4 Notice: The Community Workforce Coordinator (and the City, in the case of any grievance regarding the Scope of this Agreement) shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the Community Workforce Coordinator shall, upon its own request, be permitted to participate fully as a party in all proceedings at such steps.

ARTICLE 10

REGULATORY COMPLIANCE
Section 10.1 Compliance with All Laws: The Council and all Unions, Contractors, subcontractors and their employed shall comply with all applicable federal and state laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment and applications for employment. All employees shall comply with the safety regulations established by the City and/or the Contractor. Workers must promptly report any injuries or accidents as required by applicable policy and/or law.

Section 10.2 Monitoring Compliance: The Parties agree that the City shall require, and that the Community Workforce Coordinator and Council shall monitor, compliance by all Contractors and subcontractors with all federal and state law regulations that, from time to time may apply to Project Work. It shall be the responsibility of both the Council and the Community Workforce Coordinator (on behalf of the City) to investigate or monitor compliance with these various laws

City of San Luis Obispo 27 Community Workforce Agreement and regulations and any suspected non-compliance observes by the Council shall be immediately reported to the Community Workforce Coordinator. The Council may recommend to the Community Workforce Coordinator and/or the City procedures to encourage and enforce compliance with these laws and regulations.

Section 10.3 Prevailing Wage Compliance: The Council or Union shall refer all complaints regarding any potential prevailing wage violation to the Community Workforce Coordinator, who on its own, or with the assistance of the City’s labor compliance program, shall process, investigate and resolve such complaints, consistent with Article 5, Section 5.4. The Council or Union, as appropriate, shall be advised in a timely manner with regard to the facts and resolution, if any, of any complaint. It is understood that this Section does not restrict any individual rights as established under the State Labor Code, including the rights of an individual to file a complaint with the State Labor Commissioner or to file a grievance for such violation under the grievance procedure set forth in this Agreement.

Section 10.4 Violations of Law: Based upon a finding of violation by the City of a federal and state law, and upon notice to the Contractor that it or its subcontractors are in such violation, the City, in the absence of the Contractor or subcontractor remedying such violation, shall take such action as it is permitted by law or contract to encourage that Contractor to come into compliance, including, but not limited to, assessing fines and penalties, and/or removing the offending Contractor from Project Work. Additionally, in accordance with the Agreement between the City and the Contractor, the City may cause the Contractor to remove from Project Work any subcontractor who is in violation of state or federal law.

ARTICLE 11

SAFETY AND PROTECTION OF PERSON AND PROPERTY
Section 11.1 Safety:

11.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with any safety rules contained herein or established by the City and/or the Contractor. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City.

11.1.2 Employees shall be bound by the safety, security, and visitor rules established by the Contractor and/or the City. These rules will be published and posted. An employee’s failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge.

11.1.3 Projects covered by this Agreement shall be drug-free workplaces conforming to the requirements of the California Drug-Free Workplace Act of 1990 and the Federal Drug-Free Workplace Act of 1988.

City of San Luis Obispo 28 Community Workforce Agreement

11.1.4 The Parties to this Agreement adopt the Tri Counties Building and Construction Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is attached hereto as Attachment “D,” and which shall be the policy and procedure utilized under this Agreement.

Section 11.2 Suspension of Work for Safety: A Contractor may suspend all or a portion of the job to protect the life and safety of employees. In such cases, employees will be compensated only for the actual time worked; provided, however, that where the Contractor requests employees to remain at the site and be available for work, the employees will be compensated for stand-by time at their basic hourly rate of pay.

Section 11.3 Water and Sanitary Facilities: The Contractor shall provide adequate supplies of drinking water and sanitary facilities for all employees as required by state law or regulation.

ARTICLE 12

TRAVEL AND SUBSISTENCE
Travel expenses, travel time, subsistence allowances, zone rates and parking reimbursements shall be paid in accordance with the applicable MLA unless superseded by the applicable prevailing wage determination.

ARTICLE 13

APPRENTICES
Section 13.1 Importance of Training: The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist Local Area Residents to commence and progress in an Approved Apprenticeship Programs and/or training programs in the construction industry leading to participation in such apprenticeship programs. The City, the Community Workforce Coordinator, and the Council, will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions.

13.1.1 All Apprentices performing work on the project must be registered apprentices training under apprenticeship standards that include the specific work processes that will be performed by the contractor’s journeymen and shall only be assigned work that is included in the apprenticeship standards under which they are indentured.

Section 13.2 Use of Apprentices:

13.2.1 Apprentices used on Projects under this Agreement shall be registered in Approved Apprenticeship Programs approved by the State of California and the Federal Department of Labor, to the extent required by any Project funding source. Apprentices may comprise up to thirty percent (30%) of each craft’s work force at any time, unless the standards

City of San Luis Obispo 29 Community Workforce Agreement of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (“DAS”), establish a lower or higher maximum percentage, and where such is the case, the applicable Union should use its best efforts with its apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.

13.2.2 The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers, the Community Workforce Coordinator will work with the Council to assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons.

13.2.3 The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeyman working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice’s progress through the program in which he is participating.

13.2.4 All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship], Section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeship occupation. Should a question arise as to a journeyman’s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyman to the Community Workforce Coordinator and the Council.

ARTICLE 14

PRE-JOB CONFERENCES
Each prime Contractor will conduct a pre-job conference with the Unions for it and all of its subcontractors not later than fourteen (14) calendar days prior to commencing work for each stage of the Project. Each Contractor conducting a pre-job shall notify the Council and all subcontractors of all tiers, who shall participate in such conferences, seven (7) days in advance of all such conferences. The purpose of the conference will be to, among other things, determine craft manpower needs, schedule of work for the contract and project work rules/owner rules. The Council, the Community Workforce Coordinator, and the City shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the prime Contractor and all Contractors at the pre-job conference. Should there be Project Work that was not previously discussed at the pre-job conference, or additional project work be added, the contractors performing such work will conduct a separate pre-job conference for such newly included work. Any Union in disagreement with the proposed assignment shall notify the Contractor of its position in writing, with a copy to Community Workforce Coordinator, within seven (7) calendar days thereafter. Within seven (7) calendar days after the period allowed for Union notices of disagreement with the Contractor’s proposed assignments, but prior to the

City of San Luis Obispo 30 Community Workforce Agreement commencement of any work, the Contractor shall make final assignments in writing with copies to the Council and to the Community Workforce Coordinator.

ARTICLE 15

LABOR/MANAGEMENT COOPERATION
Section 15.1 Joint Committee: The Parties to this Agreement shall establish a six (6) person Joint Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives selected by the City and three (3) representatives selected by the Council to monitor compliance with the terms and conditions of this Agreement. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement.

Section 15.2 Functions of Joint Committee: The Committee shall meet on a schedule to be determined by the Committee or at the call of the joint chairs, to discuss the administration of the Agreement, the progress of the Project, general labor management problems that may arise, and any other matters consistent with this Agreement. Substantive grievances or disputes arising under Articles 6, 7 or 9 shall not be reviewed or discussed by this Committee but shall be processed pursuant to the provisions of the appropriate Article. The Community Workforce Coordinator shall be responsible for the scheduling of the meetings, the preparation of the agenda topics for the meetings, with input from the Unions the Contractors and the City. Notice of the date, time and place of meetings, shall be given to the Committee members at least three (3) business days prior to the meeting. The City should be notified of the meetings and invited to send a representative(s) to participate. The Community Workforce Coordinator shall prepare quarterly reports on apprentice utilization and the training and employment of City residents, and a schedule of Project Work and estimated number of craft workers needed. The Committee or an appropriate subcommittee, may review such reports and make any recommendations for improvement, if necessary, including increasing the availability of skilled trades, and the employment of local residents or other individuals who should be assisted with appropriate training to qualify for apprenticeship programs.

ARTICLE 16

SAVINGS AND SEPARABILITY
Section 16.1 Savings Clause: It is not the intention of the City, the Community Workforce Coordinator, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement.

Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this

City of San Luis Obispo 31 Community Workforce Agreement Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.

Section 16.2 Effect of Injunctions or Other Court Orders: The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and effect on covered Project Work to the maximum extent legally possible.

ARTICLE 17
WAIVER
A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder.

ARTICLE 18

AMENDMENTS
The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto.

ARTICLE 19

ENTIRE AGREEMENT

19.1 This Agreement represents the complete understanding of the Parties. The provisions of this Agreement, including the MLAs, which are incorporated herein by reference, shall apply to the work covered by this Agreement. Where a subject covered by the provisions of this Agreement is also covered by a MLA, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a MLA and is not covered by this Agreement, the provisions of the MLA shall prevail.

19.2 The Parties agree that this Agreement, including the MLAs incorporated by reference, covers all matters affecting wages, hours, and other terms and conditions of employment and that during the term of this Agreement the Parties will not be required to negotiate on any further matters affecting these or any other subject not specifically set forth in this Agreement except by mutual agreement of the Parties.

19.3 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original.

Facsimile or PDF signature pages transmitted to other Parties to this Agreement shall be deemed the equivalent to original signatures.

City of San Luis Obispo 32 Community Workforce Agreement ARTICLE 20

DURATION OF THE AGREEMENT
Section 20.1 Duration: This Agreement shall be effective from the date signed by all Parties and shall continue in full force and effect until all Project Work to be performed on the Projects is completed and accepted by the City.

Section 20.2 Turnover and Final Acceptance of Completed Work:

20.2.1 Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction-tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract(s) with the City.

20.2.2 Notice of each final acceptance received by the Contractor will be provided to the Council with the description of what phase, portion, section or segment, etc. has been accepted.

Final acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and notice of acceptance is given by the City or its representative to the Contractor. At the request of the Union, complete information describing any “punch” list work, as well as any additional work required of a Contractor at the direction of the City pursuant to (a) above, involving otherwise turned-over and completed facilities which have been accepted by the City, will be available from the Community Workforce Coordinator.

City of San Luis Obispo 33 Community Workforce Agreement IN WITNESS whereof the Parties have caused this Continuity of Work Agreement to be executed as of the date and year above stated.

CITY OF SAN LUIS OBISPO TRI-COUNTIES

BUILDING & CONSTRUCTION

TRADES COUNCIL
By: ________________________________ By: ________________________________ Erica A. Stewart, Mayor Joshua Medrano, Executive Secretary Dated: ______________________________ Dated: ______________________________ APPROVED AS TO FORM:

J. Christine Dietrick, City Attorney

City of San Luis Obispo 34 Community Workforce Agreement

TRI-COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS
Asbestos Heat & Frost Insulators (Local 5) _________________________ Boilermakers (Local 92) _________________________
Bricklayers & Allied Craftworkers (Local 4) _________________________ Cement Masons (Local 600) _________________________
Electricians (Local 639) _________________________
Elevator Constructors (Local 18) _________________________ Iron Workers (Local 155) _________________________
Laborers (Local 220) _________________________
Operating Engineers (Local 12) _________________________ Operating Engineers (Local 12) _________________________ Operating Engineers (Local 12) _________________________ Painters & Allied Trades DC 36 _________________________ Pipe Trades (Local 403) _________________________
Pipe Trades (Local 345) _________________________
Pipe Trades District Council No. 16 _________________________ Pipe Trades (Sprinkler Fitters Local 669) _________________________ Plasterers (Local 200) _________________________
Roofers & Waterproofers (Local 36) _________________________ Sheet Metal Workers (Local 104) _________________________ Teamsters (Local 186) _________________________
Southwest Regional Council of Carpenters _________________________

City of San Luis Obispo 35 Community Workforce Agreement

ATTACHMENT A

LETTER OF ASSENT
To be signed by all contractors awarded work covered by the Community Workforce Agreement prior to commencing work. [Contractor’s Letterhead]
Community Workforce Coordinator
-------------------------------
-------------------------------
Attn: __________________
Re: City of San Luis Obispo Community Workforce Agreement - Letter of Assent Dear Sir:

This is to confirm that [name of company] agrees to be party to and bound by the City of San Luis Obispo Community Workforce Agreement effective _______, 2022, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the Agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical Letter of Assent prior to their commencement of work.

Sincerely,
[Name of Construction Company]
By: ________________________________
Name: ________________________________
Title: ________________________________
Contractor State License No. ________________________________ Project: _____________________________
[Copies of this letter must be submitted to the Community Workforce Coordinator and to the Council per Section 2.4.2]

City of San Luis Obispo 36 Community Workforce Agreement

ATTACHMENT B
Local Resident Zip Codes
(Tier 1)
[City of San Luis Obispo]
93401
93403
93405
93406
93407
93408
93409
93410
(Tier 2)
[Remaining zip codes in the County of San Luis Obispo]
93252 93430 93445 93454
93402 93432 93446 93461
93420 93433 93449 93465
93422 93435 93451
93426 93442 93452
93428 93444 93453
(Tier 3)
[All zip codes in Santa Barbara and Monterey Counties]
93032 93252 93450 93930
93013 93254 93901 93932
93067 93427 93905 93933
93101 93429 93906 93940
93103 93434 93907 93943
93105 93436 93908 93944
93106 93437 93920 93950
93108 93440 93923 93953
93109 93441 93924 93955
93110 93455 93925 93960
93111 93458 93926 93962
93117 93460 93927 95004
95012
95039
95076
93463
(Tier 4)
(All zip codes in Ventura County)

City of San Luis Obispo 36 Community Workforce Agreement

ATTACHMENT C

CITY OF SAN LUIS OBISPO

CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax or email this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After faxing or emailing your request, please call the Union to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports or email and keep copies for your records.

The City of San Luis Obispo, Community Workforce Agreement establishes a goal that 50% of all of the construction labor hours worked on the Project shall be from qualified workers residing: First, Area Residents residing in those first-tier zip codes which cover the City of San Luis Obispo, as reflected on the attached list of zip codes, second, within San Luis Obispo County, third, within Santa Barbara and Monterey counties, fourth, within Ventura County. For Dispatch purposes, employees residing within any of these four (4) areas shall be referred to as Local Residents. Priority shall be given to veterans within each tier.

TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY
To: Union Local # Fax# ( ) Date:

Cc: Community Workforce Coordinator
From: Company: Issued By:

Contact Phone: ( ) Contact Fax: ( )
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Craft Classification
(i.e., plumber, painter,
etc.)
Journeyman
or
Apprentice
Local Resident
or
General Dispatch
Number
of
workers
needed
Report Date Report Time
TOTAL WORKERS REQUESTED = ______________
Please have worker(s) report to the following work address indicated below:

Project Name: _______________________ Site: _____________________ Address: ________________________ Report to: _______________________ On-site Tel: __________________ On-site Fax: ___________________ Comment or Special Instructions: ________________________________________________________________

City of San Luis Obispo 37 Community Workforce Agreement

UNION USE ONLY

WORKER REFERRED
Date dispatch request received:

Dispatch received by:

Classification of worker requested:

Classification of worker dispatched:

Name:

Date worker was dispatched:

Is the worker referred a: (check all that apply)
JOURNEYMAN Yes _____ No _____

APPRENTICE

Yes _____ No _____
LOCAL AREA RESIDENT Yes _____ No _____
GENERAL DISPATCH FROM OUT OF WORK LIST Yes _____ No _____ VETERAN Yes _____ No _____
[This form is not intended to replace a Union’s Dispatch or Referral Form normally given to the employee when being dispatched to the jobsite.]

City of San Luis Obispo 38 Community Workforce Agreement

ATTACHMENT D

TRI-COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL

APPROVED

DRUG AND ALCOHOL TESTING POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Employers may require applicants or employees to undergo drug and alcohol testing.

1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Employer’s job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement (“CWA”).

2. No Employer may implement a drug testing program which does not conform in all respects to the provisions of thisPolicy.

3. No Employer may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Supervisor. Said notice shall be addressed to the office of each Union signing the CWA. Said notice shall be sent by email or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Employer a violation of the CWA, and the Employer may not implement any form of drug testing atsuch jobsite for the following six months.

4. An Employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project to be tested. With respect to individuals who become employed on the Project subsequent to the proper implementation of a valid drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of a valid drug testing program may only be subjected to testing for the reasons setforth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment onthe project.

5. The following procedure shall apply to all drug testing:

City of San Luis Obispo 39 Community Workforce Agreement a. The Employer may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, athis or hersole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Employer shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens.AUnion BusinessRepresentative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. An employer may request an applicant to perform an alcohol breathalyzer test, at a certified laboratory only and cutoff levels shall be those mandated by applicable state or federal law.
c. The testing shall be done by a laboratory approved bytheSubstanceAbuse& MentalHealth Services Administration (SAMHSA), which is chosen by the Employer and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee.

The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by SAMHSA. Should these SAMHSA levels be changed during the course of this Agreement or new testing procedures are approved, then these new regulations will be deemed as part of this existing Agreement. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures.
e. In the event of a confirmed positive test result the applicant or employee may request,within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at asecond laboratory, designated by the Union and approved by SAMHSA.The retest must be performed within ten (10) days of the request.

Chain of custody for this sample shall be maintained by the Employer between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results the Employer may require a third test.
f. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project.

City of San Luis Obispo 40 Community Workforce Agreement g. No individual who tests negative for drugs pursuant to the above procedure and becomes employed on the project shall again be subjected to drug testing with the following exceptions:

1. Employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/her or others may be tested for drug or alcohol pursuant to the procedures stated hereinabove.

2. The Employer may test employees following thirty (30) days advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove.

3. The Employer may test an employee where the Employer has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (i.e., slurred speech, unusual lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the project the other person shall be a member of the applicable Union’s bargaining unit.

Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Employer's payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The Employers will be allowed to conduct periodic jobsite drug testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the work onthe project;
c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time toexplain periodic jobsite testing program to affected employees;

City of San Luis Obispo 41 Community Workforce Agreement d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove.
e. Only two (2) periodic tests may be performed in a twelve (12) month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Employer to remove the employee from the jobsite.

8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA.

9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreement be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the Agreement shall be unaffected, and the Parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed the Employer shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he/she shall be reinstated.

11. The Employer agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Employer representatives andthe applicable Union. Such release to the applicable Union shall only be allowed upon the signing of awritten release and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.

12. The Employer shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or any program permitted hereunder.

13. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

City of San Luis Obispo 42 Community Workforce Agreement

14. The Parties agree to develop and implement a drug abuse prevention and testing program for all apprentices entering the industry.

15. This Memorandum of Understanding shall constitute the only Agreement in effect between the Parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between theParties.

APPENDIX A: SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1 Confirmatory Test Analyte
Confirmatory Test Cutoff Concentration
Marijuana metabolites (THCA)2 50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite (Benzoylecgonine) 150ng/ml3 Benzoylecgonine 100 ng/ml Codeine/
Morphine
2000 ng/ml Codeine Morphine 2000 ng/ml
2000 ng/ml
Hydrocodone/
Hydromorphone
300 ng/ml Hydrocodone
Hydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone
100 ng/ml Oxycodone
Oxymorphone
100 ng/ml
100 ng/ml
6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml
Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml
Amphetamine/
Methamphetamine
500 ng/ml Amphetamine
Methamphetamine
250ng/ml
250 ng/ml

1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.

The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCA andbenzoylecgonine): The confirmatory test cutoff must beusedfor an alternate technology initial test that is specific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ ml for benzoylecgonine).

MDMA4
/MDA5 500 ng/ml MDMA
MDA
250ng/ml
250 ng/ml
Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte
Confirmatory Test Cutoff Concentration
Barbiturates 300 ng/ml Barbiturates 200 ng/ml
Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml
Methadone 300 ng/ml Methadone 100 ng/ml
Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml

4 Methylenedioxymethamphetamine (MDMA)
5 Methylenedioxyamphetamine (MDA)

SIDE LETTER OF AGREEMENT

TESTING POLICY FOR DRUG ABUSE
It is hereby agreed between the Parties hereto that an Employer who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy forDrug Abuse as a result of any occurrence related to the “quick” screen test.

ATTACHMENT E

LIST OF MASTER LABOR AGREEMENTS
Appendix
List of Master Labor Agreements
Craft Union Master Labor Agreement
1 Asbestos Heat & Frost Insulators
So. Cal. Chapter, Western Insulation Contractors AssociationInternational Association of Heat and Frost Insulators and Allied Workers, Local #5
2 Boilermakers Boilermakers Local #92-Western States Boilermakers Agreement 3 Bricklayers & Allied Craft
Workers
Mason Contractors Exchange of So. Calif., Inc,-Bricklayers and Allied Craftworkers Local # 4
4 Cement Masons So. Cal. General Contractors-Eleven So. Cal. Counties Cement Masons Master Labor Agreement
5 Electricians IBEW Local # 639-NECA California Central Coast Chapter Master Labor Agreement
6 Electricians-Sound &
Communication
So. Calif. 9th District Sound & Communications Agreement between IBEW and NECA
7 Elevator Constructors National Elevator Bargaining Association-International Union of Elevator Constructors Master Labor Agreement
8 Glaziers Local 636 Master Labor Agreement
9 Ironworkers (Reinforced Local
#416)
California Ironworkers Employers Council and District Council of Ironworkers for California and Vicinity Master Labor Agreement
10 Ironworkers (Structural-Local
#433)
California Ironworkers Employers Council and District Council of Ironworkers for California and Vicinity Master Labor Agreement
11 Laborers Southern California District Council of Laborers-Associated General Contractors Master Labor Agreement
12 Operating Engineers Southern California Contractors Association-Operating Engineers Local #12
13 Painters & Allied Trades Painters and Allied Trades District Council No. 36 MLA 14 Pipe Trades Locals #114/#345 Master Agreement for the Plumbing and Piping Industry for Southern California
15 Resilient Floor and Decorative
Covering Local Union No. 1247 Master Labor Agreement As Amended 16 Sprinkler Fitters National Fire Sprinkler Fitter Association-Sprinklerfitters Local #709 Master Labor Agreement
17 Drywall Finishers Southern California Drywall Finishers Joint Agreement 18 Plasterers Operative Plasterers & Cement Masons Local# 200-Western Walls and Ceiling Contractors Association
19 Roofers & Waterproofers
Union Roofing Contractors Association-United Union Roofing and Waterproofers and Allied Workers Locals #36 & #220
Master Labor Agreement
20 Sheet Metal Workers Standard Form of Union Agreement between SMW Local 104 and Bay Area Association of SMACNA Chapters
21 Teamsters Southern California General Contractors-Teamsters Locals # 186 Master Labor Agreement
22 Carpenters United General Contractors-Southwest Regional Council of Carpenters Master Labor Agreement

Item 7a
Department: Community Development
Cost Center: 4003
For Agenda of: 1/17/2023
Placement: Public Hearing
Estimated Time: 90 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Teresa McClish, Housing Policy and Programs Manager SUBJECT: ADOPTION OF THE CLIMATE ADAPTATION AND SAFETY ELEMENT

UPDATE AND DECLARATION OF NEGATIVE ENVIRONMENTAL
IMPACT (GENP-0436-2022; EID-0437-2022)

RECOMMENDATION
As recommended by the Planning Commission, adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo approving and adopting a Negative Declaration of Environmental Impact and Amendments to the Safety Element of the General Plan as represented in the Council Agenda Report and attachments dated January 17, 2023 (GENP-0436-2022 & EID-0437-2022).”

REPORT-IN-BRIEF
The City is updating its Safety Element of the General Plan to acknowledge the extremely disruptive impacts of a changing climate and disproportionate impacts on vulnerable communities. The City was awarded a state adaptation planning grant administered through Caltrans and prepared technical analyses and community engagement during a multi-year project called Resilient SLO and incorporated state guidance and best practices. The grant work informed the policy basis that has been incorporated into the Climate Adaptation and Safety Element update.

POLICY CONTEXT
The Safety Element of the General Plan was last updated in 2014, although it has not been comprehensively updated since 2000. The primary goal of a general plan safety element is to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other hazards1. State law (Government Code Section 65302) requires the update of the Safety Element upon adoption of the Housing Element update and Local Hazard Mitigation Plans, both of which were adopted by the City in 2020, and specifically, the integration of comprehensive climate adaptation and resilience strategies.

1 https://opr.ca.gov/docs/OPR_C4_final.pdf

Item 7a
Over the last two years, through a Caltrans Adaptation Planning Grant project called Resilient SLO, the City of San Luis Obispo has been in the process of developing a Hazards and Vulnerability Assessment and conducting community engagement to inform the Climate Adaptation and Safety Element (CASE), (Attachment B), and located on the City’s website at: https://www.slocity.org/government/department-directory/communitydevelopment/planning-zoning/general-plan/safety-element.

The CASE is intended to satisfy several other State requirements as required by legislation amended over the past few years in addition to Senate Bill (SB) 379 (Climate Change and Resilience): including SB 99 (Multiple Emergency Evacuation Routes), SB 1000 (Environmental Justice), Assembly Bill 747 (Emergency Evacuation Routes), the Alquist-Priolo Earthquake Faulting Zone Act, and the National Flood Insurance Program.

The CASE continues to address community safety risk from natural hazards and the proposed updates are internally consistent with other goals and policies throughout the General Plan. Importantly, this update provides an additional lens of climate adaptation, community resilience and environmental justice, for the City’s General Plan in alignment with the Major City Goals of Climate Action, Open Space, Sustainable Transportation, and Diversity Equity and Inclusion.

DISCUSSION
Background
In response to the climate crisis, several state laws
have added additional requirements for inclusion in
safety elements. Pertinent legislation is summarized in the project state compliance timeline (CASE Appendix
B) and incorporated throughout the project as
applicable. The primary focus for updating the Safety
Element stems from SB 379 and SB1000 as
summarized below:

Senate Bill 379 requires jurisdictions to address climate adaptation and resiliency strategies in their safety elements.2 State requirements to address climate adaptation include preparation of: a vulnerability assessment informed by applicable federal, state, regional, and local agencies; adaptation and resilience goals and policies informed by the vulnerability assessment; and implementation measures.

SB 1000 requires jurisdictions with “disadvantaged communities” to address environmental justice in their General Plan. Jurisdictions with disadvantaged communities must address unique or compounding health risks in these areas, promote civil engagement in the public decision-making process, and prioritize programs and improvements that address the needs of these communities.

2 For more information about SB 379, see:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB379 Resilience refers to the capacity
of individuals, communities,
institutions, businesses, and
systems to survive, adapt, and
thrive in the face of chronic
stresses and acute shocks
(APA 2017)

Item 7a
While the City does not have any State
designated “disadvantaged communities”3, the
regional Disadvantaged Communities
Assessment approved in June 2021 by the San
Luis Obispo Council of Governments for use in
the 2023 Regional Transportation Plan and the
2022 Programming Cycle provides a regional
definition and identified areas in the City that are
disproportionately burdened4. Given the City’s
Major City Goal of Diversity, Equity, and
Inclusion, Environmental Justice components
are recommended to be included in the Safety
Element Update of the General Plan.

Climate Adaptation and Safety Element
Components and Implementation
The CASE updates goals, policies and programs of the existing element in accordance with state laws and the best available science, best practices and community input gained throughout the Resilient SLO project. Community input received during the project informed a vision statement that is now included in the introduction of the element, as well as the six goals statements: 1) Public Safety, 2) Community Resilience, 3) City Government Resilience, 4) Environmental Justice, 5) Natural Systems, 6) Built Environment. The core of the CASE is found in Section C of the document and comprised of the policies and programs that will serve to guide decision-making over the next two decades.

Policies serve as the guidance to staff, community members, design professionals, decision makers and others who will initiate or review new development projects or city programs. Some policies stand alone as new direction, but others require that additional or future actions be taken. The CASE organizes policies into seven sections starting with a new section for High Impact Multi-Hazard Resilience intended to facilitate and co-solve for multiple climate hazards simultaneously.

The second section is also new, Equity and Environmental Justice, followed by four sections focused on specific hazard types: 1) flooding; 2) extreme heat (new); 3) fire; and 4) earthquakes and other geologic hazards. The final section includes policies related to city operations and emergency services. It is important to emphasize that although drought impacts are included in the Hazards and Vulnerability Assessment in Appendix A of the CASE, the City’s General Plan includes a Water and Wastewater Element, that includes climate informed policies related to prolonged drought.

3 CalEnviroScreen Disadvantaged Communities
https://oehha.maps.arcgis.com/apps/View/index.html?appid=c3e4e4e1d115468390cf61d9db83efc4 4 See San Luis Obispo Council of Governments Disadvantaged Communities page: Disadvantaged Communities | slocog
Low-income communities and
communities of color often bear a
disproportionate burden of pollution and
associated health risks. Environmental
justice seeks to correct this inequity by
reducing the pollution experienced by
these communities and ensuring their
input is considered in decisions that
affect them. "Environmental justice" is
defined in California law as the fair
treatment of people of all races,
cultures, and incomes with respect to
the development, adoption,
implementation, and enforcement of
environmental laws, regulations, and
policies. (Cal. Gov. Code, §
65040.12(e).)

Item 7a
Programs are included following policies in each section to translate goals and policies into actions. Programs are also listed in the Implementation section (Section D) of the CASE and pared with responsible departments for monitoring purposes. As with all General Plan elements, progress on implementation is tracked through department work programs and reported and summarized annually in the General Plan Annual Report.

Primary Changes and Modifications to Safety Element
Changes to the Safety Element are summarized in a matrix included as Attachment C.

New Sections are High Impact Multi-Hazard Resilience; Equity and Environmental Justice; and Extreme Heat. Most policies and programs were updated due to state law and to integrate climate adaptation. The Earthquakes and other Geologic Hazards section was the least modified. City Operations in Section C-7 includes additional information regarding access and evacuation routes in accordance with SB 99. The primary changes are precipitated by integration of climate adaptation and resiliency, equity and environmental justice, community resiliency including expansion of communications and education, and considerations to co-solve for multiple hazards.

Climate Adaptation and Resiliency – Resilient SLO
To address requirements of Senate Bill 379, Government Code Section 65302, that requires integration of comprehensive climate adaptation and resilience strategies, the City applied and received a Sustainable Communities Grant from the California Department of Transportation. The grant work concluded in February of 2022 and provided an opportunity to investigate and develop a comprehensive approach to building resilience to climate change in the community and local transportation system. The project was called Resilient SLO and is summarized on the City’s website (https://www.slocity.org/government/department-directory/city-administration/office-ofsustainability-and-natural-resources/resilient-slo-2246).

The Resilient SLO project included recommendations from the State’s Adaptation Planning Guide5, technical analysis of hazards associated with climate change, adaptation strategies to increase local resilience to anticipated impacts, and robust community engagement that formulated the
primary changes in the Safety Element
update. The Resilient SLO project was
summarized for the Planning Commission
at their October 26, 2022 workshop6 and the
bulk of the work is contained in the Hazards
and Vulnerability Report that is included in
Appendix A of the Draft Climate Adaptation
and Safety Element (Attachment B).

5 California Adaptation Planning Guide https://www.caloes.ca.gov/wp-content/uploads/HazardMitigation/Documents/CA-Adaptation-Planning-Guide-FINAL-June-2020-Accessible.pdf 6 October 26, 2022 Planning Commission Agenda Packet
http://opengov.slocity.org/WebLink/DocView.aspx?id=169454&dbid=0&repo=CityClerk

Item 7a
The High Impact Multi-Hazard Resilience Section is new, providing cross-cutting policies and programs to improve the community’s ability to endure and recover from a range of disturbances as the community will face more fires, floods, droughts, and extreme heat than ever before. This section includes integrating climate models and climate impact considerations into capital projects and city standards as well as regional collaboration and education. Programs include best practices to address climate adaptation including climate resilience hubs.

Section C-3 includes climate-informed flood risk modeling and future floodplain mapping to describe potential climate-induced flood impacts to the community from various size storms. This section highlights a program to update the Waterway Management Plan in conjunction with San Luis Obispo County factoring in climate models into design criteria for future development and strategies to offset increased stormwater runoff and address water retention.

Extreme Heat is a new hazard category, while although the city generally has a mild Mediterranean climate, recent observed heat events and projected increases of extreme heat events mean that heat is increasingly a public safety issue. This section includes factors such as urban heat islands, community cool zone networks, green and healthy buildings, emergency preparedness for extreme heat and equitable community outreach for extreme heat.

Climate adaptation strategies for fire are included in Section C-5 and consider predicted variability in precipitation, increase in air temperatures, vegetative growth, and severity of wind conditions. Many existing policies and programs are modified to address elevated risk. Wildfire smoke protection programs and public safety power shutoffs are also identified.

City Operation changes due to climate adaptation include policies and programs identifying the importance of business and economic resilience and food security (OP7.7, OP-7.8, OP-23, OP-7.24) and adding programs including establishment of a climate resilience fund (OP-7.9), clean energy microgrid for city facilities (OP-7.11), a climate resiliency checklist for new development (OP-7.16), building staff capacity for climate resilience in work efforts (OP-7.19), and pest control (OP-7.21).

Commitment to Equity and Environmental Justice
Diversity, Equity, and Inclusion is a Major City Goal in the 2021-2023 Financial Plan to ensure policies and investments are managed through the lens of environmental, social and governance practices. The City has worked to ensure equity has been included as a central focus from the beginning of the project. The following are examples of how staff is integrating equity considerations into the update:

1. Environmental justice has been integrated into the General Plan Safety Element Update consistent with SB 1000 provisions, including protecting local communities from disproportionate environmental harm; promoting public health and safety; elevating marginalized communities in the decision-making process; and following California Governor’s Office of Planning and Research (OPR)’s best practice guidance.

Item 7a

2. Through technical analysis, the City overlaid the regional Disadvantaged Communities definition data layer with the Vulnerability Assessment hazards mapping. This allows identification of where populations with specific vulnerabilities have the potential to overlap with key climate-related hazards that place these populations at a disproportionate level of risk from climate impacts.

3. The City included non-traditional participants in the Resilience Roundtable and convened an Environmental Justice Working Group to support the Resilience Roundtable work.

4. The City conducted an Environmental Justice Survey for Community Organizations that serve vulnerable and/or disadvantaged communities in the City to gather input on how the city can better support disadvantaged communities by reducing environmental pollution, identifying key community needs, and increasing the voice of marginalized groups in the City's decision-making process (CASE Appendices D and F).

5. The City conducted a community survey of social infrastructure using participatory Asset Mapping (CASE Appendix D).

Section C-2 is a new section on Equity and Environmental Justice, informed by analysis completed as part of Resilient SLO and included in Appendix A of the Climate Adaptation and Safety Element. As recommended in the State’s Adaptation Planning Guide, it describes types of equity in climate adaptation and public safety planning and includes San Luis Obispo County Council of Governments (SLOGOGs) defined disadvantaged communities overlaid with climate hazards to determine potential impacts on disproportionally burdened areas. Two new policies are included in the CASE to integrate equity and environmental justice in city programs and promote equitable civic engagement, and five new programs are included to empower community organizations, procedural equity in public noticing, equity in capital improvement project planning, a community resilience fund, and reporting on equity and environmental justice.

Additionally, considerations for equity and environmental justice are integrated throughout other sections, including equitable access and outreach in extreme heat policies (HE-4.2 and HE-4.9), prioritization in flood management systems (FL-3.5, FL3.11, and FL-3.13) and climate resiliency hubs (MH-1.8). Programs also include integrating traditional tribal knowledge in the City Vegetation Management Plan and Conservation Guidelines (FI-5.13, OP-7.20).

Community resiliency
Noted throughout the Resilient SLO community engagement was the importance of building community and social resilience to climate adaptation and public safety. The existing safety element includes education programs and several policies and programs that have been included or expanded to support the goal of community resiliency, focusing on communications and education and also equity considerations, and include:
post-disaster recovery resources and education (MH-1.10), public noticing (EJ-2.4), community driven flood education (FL-3.12), community outreach for extreme heat (HE4.9), implementation of the Community Wildfire Protection Plan (FI-5.12); resident information and training (FI5.16); wildfire smoke outreach (FI-5.17).

Item 7a
Previous Council or Advisory Body Action
The topics of adaptation to the impacts of climate change and the Resilient SLO project have been considered by Council on numerous occasions including:
 October 16, 2018 - Council authorized staff to submit a grant to Caltrans titled, “Resilient San Luis Obispo” for the amount of $435,250, with a local in-kind staff time match valued at approximately $56,400 over a three-year period. The City was awarded the grant in May of 2019.7
 June 4, 2019 – The Climate Action MCG is adopted with Resilient SLO as an item in the work program.8
 August 20, 2019 - Council approved a resolution accepting the grant to fund consultant assistance for a comprehensive assessment of the community’s vulnerability to the impacts of climate change and update the Safety Element of the General Plan to include a strong adaptation and resilience focus.9.
 January 21, 2020 - the Council approved a contract with the Local Government Commission (LGC), to support much of the work. LGC is a co-applicant on the grant, and their contract included an audit of current adaptation policies, a capacity and coordination assessment, community outreach and education along with subjectmatter expertise throughout the duration of the project as well as the placement of an additional CivicSpark Fellow.10.
 April 21, 2020 – the Council approved and agreement with Ascent Environmental to prepare the comprehensive hazard and vulnerability assessments and adaptation strategies after selection through the City’s Request for Proposal process11.  August 18, 2020 – The City adopted the Climate Action Plan for Community Recovery, which briefly explains the connections between climate action and the community resilience and adaptation work being developed through Resilient SLO.12  May 18, 2021 – Staff provided a Climate Action Plan update to Council, which included an update on Resilient SLO.13
 June 1, 2021- Council adopted the 2021-23 Financial Plan with the Climate Action MCG that completing Resilient SLO as an item in the work program.14  December 13, 2022 – Council adopted the Climate Action Plan for Community Recovery Work Program that includes increasing community resiliency through its Lead by Example, Clean Energy, and Natural Solutions programs.

7 http://opengov.slocity.org/WebLink/DocView.aspx?id=85985&dbid=0&repo=CityClerk 8 http://opengov.slocity.org/WebLink/DocView.aspx?id=94108&dbid=0&repo=CityClerk 9 http://opengov.slocity.org/WebLink/DocView.aspx?id=95951&dbid=0&repo=CityClerk 10 http://opengov.slocity.org/WebLink/DocView.aspx?id=103810&dbid=0&repo=CityClerk 11 http://opengov.slocity.org/WebLink/DocView.aspx?id=107139&dbid=0&repo=CityClerk 12 http://opengov.slocity.org/WebLink/DocView.aspx?id=126811&dbid=0&repo=CityClerk 13 http://opengov.slocity.org/WebLink/DocView.aspx?id=141955&dbid=0&repo=CityClerk 14 http://opengov.slocity.org/WebLink/DocView.aspx?id=142350&dbid=0&repo=CityClerk

Item 7a
On October 26, 2022, the Planning Commission reviewed and commented on a workshop draft of the Climate Adaptation and Safety Element and the Draft Hazards and Vulnerabilities Assessment15. The Planning Commission public hearing draft CASE included modifications to Flooding Policy 3.3 to create program 3.14; modification of Flooding Policies FL 3.6 and 3.7 to identify railways in listed infrastructure; revision of Program OP-7-9 to pursue grant funding for the climate resiliency fund; the addition of Figure 17 depicting Landslide Susceptibility classes; and additional information for evacuation routes in support SB 99 including Figure 18.

On December 14, 2022, the Planning Commission unanimously recommended approval of the Draft CASE and Declaration of Negative Environmental Impact16. Modifications incorporated into the Draft Case presented at the public hearing included clarifications in response to required consultations with the State Board of Forestry and Fire Protection-Cal Fire Land Use Planning Program to further ensure consistency with the requirements under State Law (Government Code Section 65302, subdivision (g)(3). Six policies and programs were revised and included strategies associated with recovery and redevelopment after a large fire; clarification regarding development and evacuation routes within Very High Wildland Fire Hazard Severity Zones; specifying compliance with state regulations; addressing areas with limited evacuation routes; and goals for staff training. The revisions are incorporated into the CASE and summarized in Attachment E-2.

Public Engagement
The draft CASE reflects the community’s vision for resilience to hazards and future disruptions. A foundational first step in Resilient SLO’s outreach and engagement strategy was to create a Community Outreach Plan that identified key stakeholders and population groups; established guiding principles, goals, and triggers; and outlined strategies and tactics that ensured the project was informed by community needs, priorities, and interests.

In conjunction with each step in the project, the project team conducted robust community engagement activities to gather input on community needs and priorities, educate community members on climate risks and individual/community resiliency strategies, and involve community members. Community input has shaped development of the CASE to date, and consisted of virtual community events, online surveys, “Stories of Resilience” submissions, a Resilience Roundtable, and Working Groups. Due to Covid-19 conditions, community engagement was conducted virtually. A summary of the public outreach efforts is provided as Appendix D to the draft CASE.

A unique aspect of the project has been the formation of the Resilience Roundtable, a community group of local experts that provides input to staff on the City’s approach to identifying climate hazards, vulnerabilities and adaptation strategies. The 14 Roundtable members were intended to represent a diversity of backgrounds and expertise areas. The Roundtable included several Cal Poly members and met throughout the development of the CASE and provided critical input on key project deliverables.

15 http://opengov.slocity.org/WebLink/DocView.aspx?id=169454&dbid=0&repo=CityClerk 16 http://opengov.slocity.org/WebLink/DocView.aspx?id=171031&dbid=0&repo=CityClerk

Item 7a
An invitation to review the Draft CASE was made available on Open City Hall for approximately four weeks for both preceding Planning Commission review and leading up to City Council review, and ending on January 6, 2023 and was promoted through City social media.

Public comments since publication of the Draft CASE, including from Planning Commissioners during the public workshop and public hearing were wide-ranging, however, the following includes a summary of some themes identified.

Schools: How does the City work with schools and what is the potential for schools to be used for climate resiliency hubs? The local fire department has authority for access and water supply for public school development projects and will work with schools for development review. Public schools are required to be inspected annually by the local fire department as mandated by the California Health and Safety Code which provides opportunities to improve school site resiliency. Additionally, Policy HE-4.3 Green and Healthy Buildings describes fuel switching and energy retrofits for existing buildings, including institutional structures, as prioritized through a DEI lens. Finally, while school properties may be used for some disaster response, they are not the best candidates for resiliency hubs primarily due to school site security concerns.

Incorporation of Lessons Learned: The Resilient SLO project utilized the state Adaptation Planning Guidelines, updated in 2020, and community input through surveys and workshops. A menu of adaptation tools was generated based on best practices from lessons learned in the community and other communities. Many were incorporated into the Draft CASE including policies and programs in Section C-1 for High Impact MultiHazard Resiliency. The City has been on the forefront of some best practices such as recognition of wild fire and ember intrusion hazards and implemented requirements to prevent and mitigate those hazards that remain in place.

Coordination with communication utilities: The City has taken the several steps to improve communications resiliency for our Public Safety departments including priority access protocols for connections in mobile data computers, ensuring geographical and service provider redundancy for city communications and separated service for emergency communications. Additionally, significant planning was invested in the Public Safety Power Shutoff Continuity of Operations Plan.

Reducing street parking at trailheads (in discussion of parking restriction on high fire days): Per the fire code provisions introduced on November 1, 202217 and adopted on November 15, 2022 and our proposed CASE policy (FI-5.8), the Fire Chief may temporarily reduce street parking on high fire risk days near trailheads. However, the Open Space Maintenance Plan (2015), adopted by City Council, calls for bike parking at every trailhead in the City, and City staff have since installed racks at almost every location. Additionally, the City’s open space vision plan, titled Saving Special Places: A

17 City Council Agenda Packet November 1, 2022 Item 7.c. http://opengov.slocity.org/WebLink/DocView.aspx?id=169572&dbid=0&repo=CityClerk

Item 7a
Vision Plan to Complete and Sustain the San Luis Obispo Greenbelt calls for ensuring that there is a trailhead within walking distance of every neighborhood in town, as well as for trips to trailheads matching our Circulation Element mode-share split objectives. (It’s important to note, however, that this is a visioning document only, not a policy document).

Implementation: Several policies and programs will take resources and time to implement.

The Implementation Table in Section D of the Draft CASE provides department leads and general timelines and it is monitored through department workplans such as the General Plan Annual Report. Program OP-7.19 includes building capacity for climate resiliency through the City’s Green Team. Additionally, the City’s financial plan provides opportunities regarding resources and timing of programs as well as grant opportunities.

Co-solving for multiple hazards was identified as a priority in the Draft CASE. Trees are a good example of how tree removals for water flow and safety are balanced with tree planning for climate action and shading through the equity and environmental justice policies, implementation of the Vegetation Management Plan (FI-5.13), development of an urban heat island mitigation program and Climate-smart urban tree canopy (HE-4.4 and HE-4.5).

Resources for Fire, Creek Maintenance, and Emergency Services: Commissioner inquiries as well as open city hall comments identified increasing wildfire risk and the need to make sure city creek maintenance and emergency services have resource capacity to face future threats.

CONCURRENCE
Significant participation in the preparation of the CASE was conducted by staff in the Fire Department; Office of Sustainability; Utilities Department; IT Department/GIS; Office of Diversity, Equity and Inclusion; Public Works, and Building, Planning and Engineering Divisions of the Community Development.

Staff have completed consultations with state agencies, including the Department of Conservation-Geologic Survey, State Board of Forestry and Fire Protection-Cal Fire Land Use Planning Program, and Office of Emergency Services. The Department of Conservation – Geologic Survey did not have comment (Attachment E-1); the Board of Forestry and Fire Protection -Cal Fire Land Use Planning Program submitted comments that were addressed in the Draft Case for the December 14, 2022 Planning Commission public hearing (Attachment E-2). Final approval of the CASE by the Board of Forestry and Fire Protection -Cal Fire Land Use Planning Program is expected to occur at their January 17th public daytime meeting. Formal Board action will occur on the 18th, however all input and recommendations by the Board are expected to occur prior to that meeting; and staff responded to comments submitted by the Office of Emergency Services (Attachment E3).

Item 7a

ENVIRONMENTAL REVIEW
A Negative Declaration of Environmental Impact is recommended for the Draft CASE (Attachment F). No potentially significant or significant impacts were identified. A Negative Declaration is therefore recommended for adoption in accordance with CEQA Guidelines section 15063(b)(2): “The lead agency shall prepare a negative declaration if there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment.” A 30-day public comment period was opened on November 10, 2022. No public comments were received. A Notice of Intent to Adopt was filed with the County- Clerk Recorder and the State Clearing House.

FISCAL IMPACT
Budgeted: Yes/No Budget Year: 2022-23
Funding Identified: Yes/No
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost*
General Fund
(staff time)
$56,000 $ $ $
General Fund $38,710 $14,456
State $435,000
Fees $0
Other: $0
Total $529,710 $0 $14,456 $TBD
*Program implementation will be incorporated into departmental workplans and reflected in departmental budgets for future budget cycles.

This Resilient SLO project, including technical analysis and community engagement for the Hazards and Vulnerability Assessment and development of adaptation strategies was supported by a $435,000 grant from Caltrans. The Agreement for LGC’s services required $147,750 of the grant. The remaining grant funds ($287,250) were used for the additional consulting services to prepare technical reports and the Safety Element through issuance of an RFP. The $56,000 required grant match from the City was provided through staff time for existing staff including the project manager in Community Development, staff from the Office of Sustainability and the Fire Department, and support staff throughout the City over the three year project and is included in the existing City Financial Plan. In April of 2022 all grant funds were spent and billed to the grant. Additionally, the 2021- 2022 Financial plan included $38,710 for CEQA review for the Element update, of which $24,254 has been spent to date for the preparation of the initial study.

Item 7a
It is anticipated that the fiscal impact of an updated and adopted Climate Adaptation and Safety Element will be significant and will extend over twenty years, requiring substantial funding commitments over multiple financial plans as well as exploration of grants and leveraging costs in the City’s Capital Improvement Program. However, the City is already implementing many adaptation measures identified through the Resilient SLO project, including projects and programs to protect against drought, floods and fire hazards. As the Climate Adaptation and Safety Element provides planning level assessments, project adaptation related costs and implementation of measures will require project specific financial assessments to determine costs. Ultimately, each individual project and program expenditure would be considered and prioritized by the City Council as part of the City’s two-year financial planning process.

ALTERNATIVES

1. Modify and approve the Climate Adaptation and Safety Element. The City Council may modify the proposed Climate Adaptation and Safety Element. Specific direction should be given to staff regarding any modifications with the understanding that material modifications may require the element to undergo additional City Planning Commission review prior to Council approval.

2. Continue the review of the Draft Climate Adaptation and Safety Element. An action to continue the item should include direction to staff on pertinent issues.

ATTACHMENTS
A - Draft Resolution approving the Climate Adaptation and Safety Element and Declaration of Negative Environmental Impact.

B - Climate Adaptation and Safety Element18
C - Existing and Proposed policy Comparison Matrix
D - Planning Commission Resolution
E - Agency Consultations
E-1 Correspondence from the California Department of Conservation- Geologic Survey
E-2 Agenda Correspondence for the December 14, 2022 Planning Commission meeting.

E-3 Correspondence from the California Office of Emergency Planning F - Negative Declaration of Environmental Impact19

18 Attachment B is also online available at: https://www.slocity.org/government/departmentdirectory/community-development/planning-zoning/general-plan/safety-element 19 Attachment F is also available online at:
https://www.slocity.org/home/showpublisheddocument/33436/638036041727830000

R _____
RESOLUTION NO. ______ (2023 SERIES)

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

OBISPO APPROVING AND ADOPTING A NEGATIVE DECLARATION

OF ENVIRONMENTAL IMPACT AND AMENDMENTS TO THE SAFETY

ELEMENT OF THE GENERAL PLAN AS REPRESENTED IN THE

COUNCIL AGENDA REPORT AND ATTACHMENTS DATED JANUARY
17, 2023 (GENP-0436-2022 & EID-0437-2022)
WHEREAS, State law requires cities and counties to adopt a general plan. The General Plan includes nine elements, one of which is the Safety Element; and WHEREAS, the City’s General Plan Safety Element was adopted on July 5, 2000 and last updated on December 9, 2014 in compliance with State law; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public workshop on October 26, 2022 for the purpose of considering background and information of the Element’s vision, goals, policies and programs; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on December 14, 2022, for the purpose of considering the Negative Declaration of Environmental Impact and amendments to the Safety Element of the General Plan to address the changing needs, resources and conditions in the community, as required by State law; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing, on January 17, 2023, for the purpose of considering the Negative Declaration of Environmental Impact and amendments to the Safety Element; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing.

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

SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings:

1. The proposed amendments included in the draft Safety Element are consistent with other land use goals and policies of the General Plan.

Resolution No. _____ (2023 Series) Page 2
R _____

2. The proposed amendments are appropriate and necessary to ensure that the City’s Safety Element meets State law and the changing needs, resources, and conditions in the community.

SECTION 2. Environmental Review. The City Council does hereby recommend the City Council adopt a Negative Declaration of Environmental Impact in accordance with CEQA Guidelines section 15063(b)(2): “The lead agency shall prepare a negative declaration if there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment.”
SECTION 3. Action. The City Council does hereby adopt the proposed amendments to the Safety Element as presented in the Climate Adaptation and Safety Element of the General Plan dated December 2022, which is incorporated herein by reference.

SECTION 4. Effective Date. The Climate Adaptation and Safety Element shall become effective immediately upon adoption of this resolution.

Resolution No. _____ (2023 Series) Page 3
R _____
SECTION 5. Repeal of Previous Element. The Safety Element last adopted July 5, 2000 and last revised December 9, 2014, is repealed upon the effective date of the Climate Adaptation and Safety Element.

On motion by Council Member _____________, seconded by Council Member ______________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of ___________, 2023. ___________________________
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

Climate Adaptation and Safety Element | i

City of San Luis Obispo
Climate Adaptation and Safety Element
Adopted
January 17, 2023
City Council
Erica A. Stewart, Mayor Andy Pease
Jan Marx Michelle Shoresman
Emily Francis
Planning Commission
Emily Francis Steven Kahn
Michael Hopkins Robert Jorgensen
Juan Miguel Munoz-Morris Justine Cooley
David Houghton
Resilience Roundtable
Adrianne Greve, Robert Hill, Co-Chairs
Lauren Bell, James Blattler, Michael McCullough, Brian Messerly, Michael Parolini, Sara Sanders, William Siembieda, Robert Spector, Hope Springer, Matt Ritter, Kayla Rutland, Eric Veium, Jenn Yost City Management
Derek Johnson, City Manager
Shelly Stanwyck, Assistant City Manager, Community Services Greg Hermann, Deputy City Manager
City Staff
Keith Aggson, Kyle Bell, James Blattler, Michael Codron, Tyler Corey, Hal Hannula, Robert Hill, Beya Makekau, Matt Horn, Rodger Maggio, Teresa McClish, Freddy Otte, Lucia Pohlman, Chris Read, Luke Schwartz, Shawna Scott, Ethan McGhee, Ryan Tomlinson, Naomi Albert (Civic Spark Fellow) and many others
Consultant Support
Ascent Environmental, Civic Well (formally Local Government Commission) Cbec, Fehr & Peers City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401-3218

Climate Adaptation and Safety Element | i
TABLE OF CONTENTS..........................................................................................................................I A. INTRODUCTION ............................................................................................................................3 B. CLIMATE ADAPTATION AND SAFETY ELEMENT GOALS ...................................................................7 C. POLICIES AND PROGRAMS.............................................................................................................9

1. High Impact Multi-Hazard Resilience................................................................................ 10

2. Equity and Environmental Justice..................................................................................... 14

3. Flooding............................................................................................................................. 19

4. Extreme Heat .................................................................................................................... 36

5. Fire .................................................................................................................................... 46

6. Earthquakes and Other Geologic Hazards........................................................................ 61

7. City Operations and Emergency Services ......................................................................... 70 D. IMPLEMENTATION...................................................................................................................... 86 E. REFERENCES ............................................................................................................................... 99

APPENDICES
A Resilient SLO Climate Change Hazards and Vulnerabilities Report Appendix A-2 Flood figures
B Compliance with Laws and Regulations
C San Luis Obispo County Multi-jurisdiction Hazard Mitigation Plan Annex G D Public Outreach summary
E Resilient SLO Baseline Conditions Report
F Environmental Justice Additional Information
G Cal Fire San Luis Obispo County Fire Hazard Severity Zone Map H SLOMC Chapter 17.78 Floodplain Management Regulations

DRAFT FIGURES
Figure 1 Regionally Defined Disadvantaged Communities in the City of San Luis Obispo.16 Figure 2 Waterways and Flood Zone Areas in the City of San Luis Obispo with Critical Facilities................................................................................................... 21 Figure 3 Flood depth: SLO Stenner - Historic (year 2000) Q100 event (1% chance of occurring in any given year) - based on historical hydrology ............................... 28 Figure 4 Flood depth: SLO Stenner Historic (year 2000) Q100 event (1% chance of occurring in any given year) based on historical hydrology ................................. 29 30

Table of Contents
Figure 5 Flood depth: SLO Stenner Future (years 2070-2099) Q100 event (1% chance of occurring in any given year) - based on climate-projected hydrology using the RCP 8.5 (high emissions) scenario ..................................................................... 30 31 Figure 6 Flood depth: SLO Perfumo Historic (year 2000) Q100 event (1% chance of occurring in any given year) - based on historical hydrology ............................... 31 Figure 7 Flood depth: SLO Perfumo Future (years 2070-2099) Q100 event (1% chance of occurring in any given year) - based on climate-projected hydrology using the RCP 8.5 (high emissions) scenario ..................................................................... 32 Figure 8 Average Annual Maximum and Minimum Temperatures in the City (1926-2018)...... 36 Figure 9 Changes in Annual Average Temperature in San Luis Obispo County through 2099 ....................................................................................................... 38 Figure 10 Urban Heat Island Effect, Regionally-Defined Disadvantaged Communities, and Tree Cover in the City.......................................................................................... 42 Figure 11 Wildfire Hazard Severity Zones in and Surrounding the City of San Luis Obispo with Critical Facilities ........................................................................................... 48 Figure 12 Wildfire Perimeters for Wildfires within 10 Miles of the City of San Luis Obispo (1900–2020)........................................................................................................ 49 Figure 13 PG&E Transmission Lines in the City of San Luis Obispo................................... 52 Figure 14 Projected change in average annual area burned within San Luis Obispo County through 2099 ....................................................................................................... 54 Figure 15 Regional Faults and Seismic Hazard Designation Area ...................................... 63 Figure 16 Liquefaction Risk Areas....................................................................................... 66 Figure 17 Landslide Susceptibility Classes.......................................................................... 67 Figure 18 Map of Critical Facilities in San Luis Obispo........................................................ 74 Figure 19 Limited Evacuation Route Areas (SB-99 Zones)................................................. 76 Figure 20 ALUP Safety Zones ............................................................................................. 78 TABLES
Table 2 Climate-induced Changes in Peak Stream Flow for the San Luis Obispo Creek Watershed.......................................................................................................... 25 Table 3 Changes in Average Annual Temperature in City of San Luis Obispo ............... 37 Table 4 Changes in Extreme Heat Events in City of San Luis Obispo ............................ 39 Table 5 Changes in Annual Average Area Burned in San Luis Obispo County .............. 55 Table 6 Critical Facilities and Infrastructure in the City of San Luis Obispo .................... 72

Climate Adaptation and Safety Element | 3
The City of San Luis Obispo (City) is committed to protecting the community from natural and human-made hazards and building resilience to existing and projected climate change risks. The Climate Adaptation and Safety Element assesses the city’s vulnerability to these hazards and establishes goals, policies, and implementation measures to protect people, property, and the natural environment. It is designed to realize an equitable, resilient community that thrives despite the changing climate and other known hazards, as articulated below in the Climate Adaptation and Safety Element’s Vision.

CLIMATE ADAPTATION AND SAFETY ELEMENT VISION
The City of San Luis Obispo works diligently to protect all forms of life and property. While the changing climate has impacted us in expected and unexpected ways, the priorities identified by the community and our regional partners have shaped a San Luis Obispo that is thriving, equitable, and resilient.

Community members, businesses, and neighborhoods support each other through climate disruptions, and civic life is stronger than ever. Critical facilities are resilient, incorporate innovative sustainability practices, and continue to provide core community functions in a cost-effective manner. San Luis Obispo’s efforts also support environmental justice, and all community members have access to services and opportunities to influence the way we adapt to climate change. The world around us is impacted, but our natural resources and our built environments are designed to provide places of refuge and buffer against these disruptive forces. Climate change is one of the biggest challenges we have ever faced, but we have risen together to be safe, healthy, and prosperous.

PURPOSE
The Climate Adaptation and Safety Element serves as the City’s Safety and Environmental Justice elements, which are required elements of general plans subject to the requirements of

Introduction
Climate Adaptation and Safety Element | 4
Government Code 65302(g)(h). Under state law, a safety element promotes protection for the community from unreasonable risks related to slope instability, seismic activity, subsidence, liquefaction, known geologic hazards, flooding, wildland and urban fires, tsunami, seiche, dam failure, and climate change. An environmental justice element addresses unique or compounded health risks in vulnerable and disadvantaged communities by decreasing pollution exposure, increasing community assets, and improving overall health.

The City is focusing on climate change adaptation in this Safety Element update because state law requires that safety elements include a vulnerability assessment that identifies the risks posed by climate change and a series of adaptation goals, policies, and implementation measures designed to protect the community (Senate Bill [SB] 379, 2015). The City’s Hazard and Vulnerability Assessment is included in Appendix A. The City is also including climate adaptation due to the unprecedented disruptions that climate change will cause through and beyond General Plan buildout. Due to decades of rapidly increasing global greenhouse gas (GHG) emissions and insufficient climate action at all levels of government and industry, atmospheric GHG concentrations have reached a level that guarantees substantial and unavoidable impacts for the foreseeable future. California’s recent historic heat, wildfires, droughts, floods, mudslides, and public safety power shutoffs represent the types of climate change impacts that will be experienced with increasing frequency and severity. These impacts threaten to make all the significant issues currently faced by the City (e.g., economic recovery, the housing crisis, homelessness, equity, sustainable water supply, etc.) more critical, challenging, and expensive. By centering climate change consideration in General Plan goals, policies, and programs now, the community can have sufficient capacity to thrive in the face of a rapidly changing future.

The City is focusing on the integration of environmental justice in this Safety Element update because as the state requires analysis of existing hazards and climate change impacts on the community related to existing and future hazards, climate change can further impact vulnerable and disadvantaged communities that already suffer from disproportionate environmental burdens and health risks. These communities would experience heightened risk and increased sensitivity to climate change due to having less capacity and fewer resources to cope with, adapt to, or recover from climate impacts (Office of Planning and Research, July 2020). Consideration of environmental justice in climate adaptation and safety planning provides an opportunity to improve resilience of the entire community over time, especially vulnerable and disadvantaged populations.

REGULATORY AND PLAN CONSISTENCY
The Climate Adaptation and Safety Element has been developed in compliance with State laws and regulations, consistent with other plans prepared or adopted by the City, including the San Luis Obispo County Multi-Jurisdiction Hazard Mitigation Plan (Hazard Mitigation Plan), Climate Action Plan for Community Recovery, and other elements of the City’s adopted General Plan. A brief description of laws, regulations, and plans reviewed for consistency is provided below, with additional information provided in Appendix B (Compliance with Laws and Regulations).

Consistency with State Laws and Regulations
Key State laws informing preparation of the Climate Adaptation and Safety Element, including recent legislation related to planning for climate change adaptation and environmental justice, Include Senate Bill (SB) 379 (Climate Change and Resilience), SB 99 (Emergency Evacuation

Introduction
Climate Adaptation and Safety Element | 5
Routes), SB 1000 (Environmental Justice), Assembly Bill 747 (Emergency Evacuation Routes), the Alquist-Priolo Earthquake Faulting Zone Act, the National Flood Insurance Program, and Government Code Section 65302(g) (Authority for and Scope of General Plans – Safety Element).

Consistency with City General Plan
To ensure that the goals, policies, and programs included in the Climate Adaptation and Safety Element are internally consistent with other elements of the City’s General Plan a policy audit was conducted to identify any similar or overlapping goals, policies, and programs from other elements of the City’s adopted General Plan, and other plans the City has adopted that support implementation of the General Plan. Based on this assessment, the City finds that the Climate Adaptation and Safety Element is consistent with the other elements of the General Plan.

Consistency with Multi-jurisdictional Hazard Mitigation Plan In June 2020, the City adopted the San Luis Obispo County Multi-Jurisdictional Hazard Mitigation Plan (Hazard Mitigation Plan) and accompanying city-specific Annex G: City of San Luis Obispo (Appendix C). The city-specific annex includes an assessment of natural and manmade hazards affecting the city and a comprehensive set of goals, objectives, strategies, and actions to mitigate potential impacts to life and property. It addresses the following medium and high significance hazards based on the potential impact which takes into account the geographic area, probability of future occurrences and magnitude/severity:
• Adverse Weather: Thunderstorm/Heavy Rain/Hail/Lighting/Dense Fog/Freeze • Adverse Weather: High Wind/Tornado
• Agricultural Pest Infestation and Disease
• Biological Agents
• Drought and Water Storage
• Earthquake
• Flood
• Human Caused: Hazardous Materials
• Wildfire
The Hazard Mitigation Plan was submitted to the Governor’s Office of Emergency Services and Federal Emergency Management Agency (FEMA) for approval. By reviewing and updating the Hazard Mitigation Plan every 5 years, the City maintains eligibility for certain hazard mitigation funding from FEMA. The Hazard Mitigation Plan is incorporated by reference into the Climate Adaptation and Safety Element. The goals and policies of the Climate Adaptation and Safety Element are complementary to and consistent with the recommended mitigation strategy of the Hazard Mitigation Plan and its identified medium and high significance hazards, which the City also will consult when addressing known hazards.

Consistency with the Climate Action Plan for Community Recovery In August 2020, the City adopted the Climate Action Plan for Community Recovery. It establishes a community-wide goal of carbon neutrality by 2035 and a municipal operations goal of carbon neutrality by 2030, adopts sector specific emissions goals, and provides foundational actions to establish a trajectory towards achieving those goals. The plan recognizes the importance of reducing greenhouse gas (GHG) emissions to limit the amount of global warming that will occur and lessen the severity of future climate impacts, while also acknowledging that climatic changes The San Luis County Multijurisdiction Hazard Mitigation Plan is incorporated by reference into
the Climate Adaptation and Safety
Element

Introduction
Climate Adaptation and Safety Element | 6
have already been set into motion as a result of past, present, and future GHG emissions generated throughout the world. The Climate Adaptation and Safety Element illustrates the City’s commitment to simultaneously addressing the causes and impacts of climate change.

Climate Adaptation and Safety Element | 7

ELEMENT STRUCTURE
The Climate Adaptation and Safety Element includes a set of broad goals for various aspects of the city derived from broad public outreach summarized in Appendix D. To provide a holistic approach, the goals focus on desired future conditions for key physical, natural, and social systems needed to achieve community safety and resilience. To facilitate ease of reference, this Element is organized into sections based on major hazards present in the city. These sections include a discussion of the hazard, how climate change is projected to influence the hazard (where relevant), and a comprehensive set of policies and programs to help achieve the goals.

A brief definition of goal, policy, and program is provided below.

Goal - A statement that describes in general terms a desired future condition or “end” state.

A goal serves to set a general direction.

Policy – A statement that guides a specific course of action for decision-makers to use to achieve a desired goal.

Program – An action, procedure, program, or technique that carries out a policy.

The Climate Adaptation and Safety Element is also supplemented by a series of appendices which provide additional information that was used to develop this Element.

Climate Adaptation and Safety Element Goals
Climate Adaptation and Safety Element | 8

CLIMATE ADAPTATION AND SAFETY ELEMENT GOALS
The Climate Adaptation and Safety Element has six goals, each of which contributes to achieving the vision presented in Chapter One. The six goals are as follows:

GOAL 1: PUBLIC SAFETY
Minimize injury and loss of life, damage to public and private property, and social and economic disruptions resulting from injury, death, and property damage.

GOAL 2: COMMUNITY RESILIENCE
All community members are enabled and empowered to prepare for, respond to and recover from disruptions while seizing opportunities to thrive in changing conditions.

GOAL 3: CITY GOVERNMENT RESILIENCE
The City’s facilities, infrastructure, and operations are resilient, innovative, and continue to cost-effectively provide core functions and services for all community members in times of acute disaster and ongoing disruptions.

GOAL 4: ENVIRONMENTAL JUSTICE
A diverse, equitable, and healthy community where those who are disproportionately affected by natural hazards and climate change have the resources and capacity to participate in public processes and have an active role in preparing and responding to future impacts.

GOAL 5: NATURAL SYSTEMS
The natural environment sustains and supports ecological and community health, safety, and natural beauty, provides equitable access to nature, and can adapt and keep pace with a dynamic, changing climate.

GOAL 6: BUILT ENVIRONMENT
Community buildings, public spaces and transportation systems withstand the natural hazards and escalating impacts of climate change, provide places of refuge, foster social cohesiveness, minimize injury and loss of life, and equitably protect personal and community assets.

Climate Adaptation and Safety Element | 9

Climate Adaptation and Safety Element | 10

OVERVIEW
In the coming decades San Luis Obispo will experience more fires, floods, droughts, and extreme heat than ever before. Throughout the development of this plan, the community has called for bold, just, and proactive measures that build resilience amid increasing climate hazards (Baseline Conditions Report, Appendix E). While some of the resilience solutions presented in the Climate Adaptation and Safety Element will help our community adapt to a specific hazard, this chapter identifies strategic actions wherein a singular change in City policy or practice can co-solve for multiple climate hazards simultaneously. This chapter’s cross-cutting policies and programs represent the highest leverage actions available to the City, which can broadly improve the community’s ability to endure and recover from a range of disturbances.

Public infrastructure, private development, and natural resources are all subject to a confluence of natural and manmade hazards that can threaten human life and safety. The high-impact multihazard resilience solutions presented in this chapter offer clear points of intervention that boost community resilience amidst the unpredictable and compounding threat of fires, floods, earthquakes, and droughts facing San Luis Obispo.

This chapter also includes actions that boost social cohesion, connectedness, and community solidarity – as social cohesion is one of the strongest indicators of resilience during disaster events and post-disaster recovery efforts (Townshend et al. 2015). Alongside the steps the City and partner agencies are taking, it is important to recognize the role community organizations and informal social networks can play in building adaptive capacity to the impacts of climate change, especially for vulnerable populations.

High Impact Multi-Hazard Resilience
Climate Adaptation and Safety Element | 11

MULTI-HAZARD RESILIENCE POLICIES
Policy MH-1.1: Climate Adaptation and Safety Element Policies The policies and programs included in the Climate Adaptation and Safety Element are critical to maintaining community safety and to supporting disaster preparedness.

Policy MH-1.2: Climate-Informed Capital Improvement Program, Engineering Standards and Natural Resources Management
The City shall incorporate climate projection data, risk modeling, and adaptive management, as appropriate, to account for future changes in key climate variables (e.g., changes in precipitation and flooding behavior, fire and smoke risk, maximum daily temperatures) in the City’s Capital Improvement Program, Engineering Specifications and Standards, and natural resource projects and planning documents.

Policy MH-1.3: Post-Disaster Recovery Resources
The City shall expand equitable access to post-disaster recovery resources for residents and businesses (e.g., recovery funding, recovery services) including debris management.

Policy MH-1.4: Regional Collaboration for Climate Adaptation The City shall integrate regional collaboration as a key component of the City’s climate adaptation planning strategy, recognizing the regional nature of climate impacts and climate adaptation strategies.

MULTI-HAZARD RESILIENCE PROGRAMS
Program MH-1.5: Update the City’s Capital Improvement Program to Incorporate Climate Projections
Assess existing public infrastructure systems vulnerable to changes in key climate variables (e.g., flooding, extreme heat) and incorporate upgrades to critical infrastructure in the City’s Capital Improvement Projects (CIP) planning process. Identify key pieces of existing public infrastructure that are likely to be compromised by climate impacts and prioritize these upgrades as part of the City CIP process. Use data from the Climate Change Hazards and Vulnerabilities Report, the Cal-Adapt tool, and supplemental climate projection data and research to inform an appropriate list of public infrastructure upgrades.

Program MH-1.6: Update City’s Engineering Standards and Specifications to Incorporate Climate Projections
The City shall evaluate and update the City’s building and engineering standards and specification to account for future changes in key climate variables (e.g., changes in the size of large storm events, maximum daily temperatures) that are likely to affect critical public

High Impact Multi-Hazard Resilience
Climate Adaptation and Safety Element | 12
infrastructure. Use data from the Climate Change Hazards and Vulnerabilities Report, the CalAdapt tool, and supplemental climate projection data and research to inform the updates to the City’s standards update process. Use a climate-informed adaptive management approach to continually monitor the performance of the updated building and engineering standards against the observed changes in climate variables, adjusting standards as need to match future changes in these variables caused by climate change.

Program MH-1.7: Climate Smart Natural Resource Management The City shall integrate climate projections and adaptation projects (e.g., clearing or removal of dead material and replanting with more resilient shrubs and trees) regarding changes in average temperatures, extreme heat, flooding, fire, drought, etc. into updates of the City’s natural resource planning documents as they occur, including, but not limited to:
• Open Space Conservation Plans
• Conservation Guidelines for Open Space Lands of the City of San Luis Obispo • Waterway Management Plan.

Program MH-1.8: Climate Resilience Hubs
Work with community organizations, faith-based organizations, and other institutions to develop a network of conveniently located Climate Resilience Hubs including a mix of public facilities, community centers, businesses, and community-oriented facilities (e.g., churches, synagogues, mosques). Ensure the chosen facilities are equipped to provide aid to vulnerable populations during other emergency events such as periods of poor air quality from wildfire smoke, utility disruptions, flooding events, or other climate-related hazards (CDC n.d.). Ensure the Climate Resilience Center is centrally located and accessible.

Program MH-1.9: Post-Disaster Recovery Debris Management Prepare and update solid waste agreement(s) addressing post disaster debris management activities including clearing, collection, removal, and disposal.

Program MH-1.10: Post-Disaster Recovery Resources and Education Work with community organizations, the San Luis Obispo County Office of Emergency Services, and other key stakeholders to: 1)assess effectiveness in post-disaster recovery efforts including establishing metrics to ensure that post-disaster recovery resources are allocated equitably; 2) Assess potential barriers for rehabilitation and rebuilding in post-disaster situations and develop protocols to remove barriers; and 3) educate individuals and households about strategies to increase preparedness for emergency events and climate-related impacts. Use information from the City’s Hazards and Vulnerabilities Report (Appendix A) to identify areas in the City with vulnerable populations (e.g., linguistically isolated households, elderly, youth, homeless, individuals with chronic health conditions) to conduct targeted outreach to these neighborhoods and areas in the City. Strategies could include:
• Ensure recovery and redevelopment after a large fire and that reduce future vulnerabilities to fire hazard risks through site preparation, redevelopment layout design, fire-resistant landscape planning, and fire-retarding building design and materials. • Creating emergency kits emergency supply kits for homes, cars, and at work locations. • Creating personal emergency funds for short- and long-term emergency events.

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Climate Adaptation and Safety Element | 13
• Information on how to improve property addressing visibility for first responders in accordance with the Fire Safe Regulations and the California Code of Regulations, Title

24. • Implementing household hazard mitigation projects such as defensible space, home hardening, earthquake retrofitting, and home insulating to improve ability to inhabit home during and post emergency event or climate-related impact. • Information on mental health and support services for post-disaster recovery.

Program MH-1.11: Regional Collaboration and Community Resilience Ambassadors Develop consistent communications and participate with key community partners including: 1) communicate and provide updates on adaptation strategy implementation to the general public and key partners including San Luis Obispo County, other incorporated cities in the County, and community organizations; 2) continue the City’s active participation in the Central Coast Climate Collaborative (4C) by sharing lessons learned, strategy collaboration opportunities, and regionally relevant data included in the Climate Change Hazards and Vulnerabilities Report (Appendix A); 3) identify members of the City’s Green Team to serve as city liaisons for regional adaptation-focused organizations and key regional climate adaptation planning efforts; 4) work with community organizations and other institutions to establish a network of Community Resilience Ambassadors who can support outreach efforts, educate residents on climate preparedness, and connect residents to existing resources and organizations.

Climate Adaptation and Safety Element | 14

OVERVIEW
The City is committed to integrating diversity, equity, and inclusion in its operations and delivery of community
services. The intersection of equity, environmental
justice, and public safety is particularly important as the impacts of climate change will inequitably affect
vulnerable and disadvantaged communities.

The policies and programs in the Climate Adaptation and Safety Element integrate equity considerations listed in Table 1, which derive from the State’s Adaptation
Planning Guide (Cal OES 2020) and align with the equity commitments made in the Climate Action Plan for
Community Recovery (City of San Luis Obispo 2021). In
addition to having equity as a lens through the entire
Element, this Chapter provides policies and programs
focused specifically on equity and environmental justice.

Table 1 Types of Equity in Climate Adaptation and Public Safety Planning Type Of Equity Equity Metrics
Procedural
Equity
Create processes that are transparent, fair, and inclusive in developing and implementing any program, plan, or policy.

Ensure that all people are treated openly and fairly.

Increase the civic engagement opportunities of communities that are disproportionately impacted by climate change.

Distributional
Equity
Fairly distribute resources, benefits, and burdens.

Prioritize resources for communities that experience the greatest inequities and most disproportionate impacts and have the greatest unmet needs.

Example: Utility Relief program
increases household resiliency
The City offers water and sewer bill relieve
programs for qualifying customers, which
are required by California Proposition 218
to be funded outside of revenues
generated by rate payers (i.e., water and
sewer customers). The City’s Customer
Assistance Program provides a 15 percent
discount on monthly water and sewer bills
for qualifying customers. The City also
shares information with the community
regarding other local, state, and federal
programs that may not be affiliated with the
City, but that can offer financial assistance
with utility bills.

Equity and Environmental Justice
Climate Adaptation and Safety Element | 15
Type Of Equity Equity Metrics
Structural
Equity
Make a commitment to correct past harms and prevent future unintended consequences.

Address the underlying structural and institutional systems that are the root causes of social and racial inequities.

Include adaptation strategies to eliminate poverty, create workforce development, address racism, increase civic participation, protect housing availability, increase education, and provide healthcare.

Source: Cal OES 2019.

DISADVANTAGED COMMUNITIES IN SAN LUIS OBISPO
The San Luis Obispo Council of Governments (SLOCOG) has defined disadvantaged communities as disproportionately burdened areas in the region that are economically distressed and/or historically underrepresented as a part of the local government process. The Disadvantaged Communities Assessment identifies 13 variables that address a wide range of socioeconomic and population-based factors to geographically define these disproportionately burdened areas. Figure 1 below includes the locations of the Regionally Defined Disadvantaged Communities identified in the city. For a more detailed discussion of environmental justice including survey summary and disadvantaged communities in the city, see Appendix F-1 and F2 and the Hazards and Vulnerabilities Report (Appendix A).

Equity and Environmental Justice
Climate Adaptation and Safety Element | 16
Figure 1: Regionally Defined Disadvantaged Communities in the City of San Luis Obispo.

Equity and Environmental Justice
Climate Adaptation and Safety Element | 17

EQUITY AND ENVIRONMENTAL JUSTICE POLICIES
Beyond the items listed below, environmental justice related policies and programs are integrated throughout the safety element.

Policy EJ-2.1: Equity and Justice in All Policies and Programs The City shall ensure that the implementation of the Climate Adaptation and Safety Element prioritizes equity and justice and addresses the community’s greatest needs, including the needs of persons living in poverty, older adults, children, persons with disabilities, people of color, and immigrants.

Policy EJ-2.2: Equitable Civic Engagement
The City shall support an equitable and comprehensive approach to civic engagement and public outreach on all aspects of City governance and delivery of services.

EQUITY AND ENVIRONMENTAL JUSTICE PROGRAMS
Program EJ-2.3: Empower Community Organizations
Identify key community organizations working with underserved and historically disadvantaged communities and ensure these organizations and representatives from historically disadvantaged communities play a substantive role in implementing the Climate Adaptation and Safety Element.

Program EJ-2.4: Ensure Public Engagement Noticing Manual Advances Procedural Equity Maintain the Public Engagement Noticing Manual (PEN Manual) as the guiding framework for all departments to participate in meaningful two-way communication with the public on all aspects of County governance and delivery of services. Community outreach and education opportunities should include multi-lingual options for both written materials and in-person engagement. The events should also include demographic surveys as part of community outreach events to ensure that participants are representative of the demographic makeup (e.g., race, age, ethnicity) of the city’s population as a whole. The City shall provide opportunities for community organizations and other stakeholders to review strategy details before implementation.

Program EJ-2.5: Develop Equity Checklist for City Programs and Capital Improvement Projects
Use equity metrics included in the State’s Adaptation Planning Guide, or similar metrics, to develop an Equity and Environmental Justice Project Checklist to be used during the design and development of City-led programs and capital improvement projects to ensure they are implemented equitably and, where appropriate, historically disadvantaged communities are prioritized in receiving the benefits of the project.

Equity and Environmental Justice
Climate Adaptation and Safety Element | 18
Program EJ-2.6: Establish Community Resilience Fund
Develop funding mechanisms through the State’s Integrated Climate and Resiliency Program and develop criteria to administer a Community Resilience Fund that provides grants to individuals or community organizations to implement projects that support social cohesion as it relates to public safety, climate change impacts, and disaster recovery. Criteria would be developed to evaluate applications and prioritize the allocation of funding to projects that focus on protecting the most vulnerable populations (i.e., low-income, minority, or elderly populations).

Program EJ-2.7: Report on Equity and Environmental Justice Progress Include “Equity and Environmental Justice” as a category for reporting in the General Plan Annual Report.

Climate Adaptation and Safety Element | 19

OVERVIEW
This chapter provides an overview of flood risk in the
city and includes a comprehensive set of policies and
programs to mitigate flooding impacts and recover from
flooding events when they occur.

FLOODING CHARACTERISTICS
Floods occur when the amount of water within a creek
or river channel exceeds the channel capacity, causing
water to spill over the banks and into the surrounding land. In these flat, flood-prone areas beyond the channel, called floodplains, slow moving or stagnant water that escapes the channel may remain until water levels within the channels recede or the areas are drained by infrastructure, percolation, or evapotranspiration.

Naturally, these floodplain areas would have been flooded every few years, but as the city developed onto portions of the floodplains of the creeks within the San Luis Obispo Creek watershed, channel incision and flood protection measures constrained flows to the creeks.

During periods of intense rainfall, however, the watershed outflow, including urban runoff, can exceed the capacity of the channels. Under existing conditions, different creeks within the watershed may experience flooding every 10–25 years (Questa Engineering Corporation 2003).

There are several overall mechanisms by which flooding can occur:
• dam inundation flooding, in which impounded water is released because of dam breaching;
• localized flooding, which occurs when intense rainfall overwhelms the capacity of local drainage infrastructure; causing the ponding of water; and • riverine flooding, which occurs when channels (i.e., the relatively deep, narrow sections of creeks and rivers) cannot contain the flow volume moving through them, causing water to spill out into the overbank areas (i.e., the relatively wide, flat regions on one or both sides of the channel, also called “floodplains”).

The City has adopted floodplain
management regulations in
Chapter 17.78 in the San Luis
Obispo Municipal Code that are
approved by FEMA that are
included by reference into the
Climate Adaptation and Safety
Element (Appendix H).

Flooding
Climate Adaptation and Safety Element | 20
According to the Annex G of the County’s HMP,
the city is not at risk of dam inundation flooding,
as there are no major reservoirs within the
watershed, and localized flooding is considered
a minimal risk. The highest flooding concern for
the city is riverine flooding, which may include
“flash” flood risks (San Luis Obispo County
2019b).

SAN LUIS OBISPO CREEK

WATERSHED
As shown in Figure 2, San Luis Obispo Creek
flows through the city in a northeast to
southwest direction, passing through the
downtown area and generally following U.S.

Highway 101 (U.S. 101) on its way to the
Pacific Ocean at Avila Beach.

The watershed for San Luis Obispo Creek, the
land area that captures rainfall and contributes
water directly to the creek system, covers an
area of approximately 84 square miles, ranging
in elevation from approximately 2,460 feet in
the upper watershed near the Cuesta Grade to
its outlet into the Pacific Ocean. Along its main
flow path, it transitions from steep canyons to
the gently sloping alluvial plain underlying the
city, descending more than 2,230 feet to
downtown.

In the city’s downtown, San Luis Obispo Creek
flows through the “under-city culvert,”
consisting of a system of covered, constructed
channels between Osos Street and Chorro
Street before emerging into Mission Plaza.

Further downstream, near the intersection of Marsh Street and Higuera Street, San Luis Obispo Creek is joined by a major tributary, Stenner Creek, which in turn receives flow from Brizzolara and Old Garden Creeks. San Luis Obispo Creek then continues south along the alluvial plain, intercepting Prefumo Creek as it exits Laguna Lake and joining East Fork San Luis Obispo Creek near the Higuera Street/U.S. 101 interchange by the Johnson Ranch Open Space. Near the confluence of San Luis Obispo Creek with Davenport Creek, the channel enters “the Narrows” (Questa Engineering Corporation 2003), passing through a steep, confined canyon before being joined by San Miguelito Creek coming out of See Canyon and discharging to the Pacific Ocean.

Flows in the watershed are “flashy,” meaning that water moves quickly through the system and that stream levels rise and recede rapidly in response to rainfall events. This is a result of the steep topography of the upper watershed and the relatively shallow soils, land cover, and rainfall characteristics for the region (Questa Engineering Corporation 2003).

Flooding Definitions
Two interchangeable, technical terms
that characterize flood frequency are
used throughout the section and are
defined as follows:

Recurrence Intervals: Refers to how
often, on average, a given flood may
occur. A 100-year event, for example, is
described as an event that may occur
about once in every 100 years, on
average. However, this terminology can
be misleading because flood events are
statistical occurrences, and events may
occur more frequently than their
recurrence interval suggests.

Exceedance Probability: The
exceedance probability of a given flood
event is the percent chance that a larger
flood will occur in any given year, and it
is calculated by dividing the number 1 by
the recurrence interval. Thus, the “100-
year event” becomes the “1-percent
exceedance event,” or a flow rate that
has a 1-percent chance in any given year
of being equaled or surpassed by a larger
flow rate. This representation, although
interchangeable with the recurrence
interval, provides a more helpful way to
think about flood risk.

Flooding
Climate Adaptation and Safety Element | 21
Figure 2 Waterways and Flood Zone Areas in the City of San Luis Obispo with Critical Facilities

Flooding
Climate Adaptation and Safety Element | 22

HISTORICAL FLOODING
The San Luis Obispo Creek watershed has a long history of flooding, with a series of storms over the last 50 years that have caused millions of dollars’ worth of damage.1 Damaging flood events have occurred in 1868–1872, 1884, 1897, 1911, 1948, 1952, 1962, 1969, 1973, 1995, 1998, and 2001 (Questa Engineering Corporation 2003; City of San Luis Obispo 2014).

The flooding events in
January and March 1995
occurred during one of the
wettest periods on record,
causing the watershed to
be relatively saturated for
long periods, which
prevented soils from
absorbing incoming
precipitation. The 1995
flooding events followed
the 1994 Highway 41 fire,
which burned major areas
of the Stenner Creek and
upper San Luis Obispo
Creek watersheds and
caused increased runoff
and sediment delivery to
channels. Flow spilled out
of the San Luis Obispo
Creek channel in the region around Marsh and Higuera Streets, causing extensive damage, and remained out of the creek banks for nearly 3 miles downstream. The events, for which the peak flow was estimated to be the 17-year flood event2(6-percent exceedance probability), caused $2.3 million in damage (Questa Engineering Corporation 2003).

Prior events were even more damaging: The 1969 flood caused $6.92 million in damage, and the 1973 flood caused $13.6 million in damage. During the 1973 flood, depths of inundation over U.S. 101 exceeded 4 feet near the Madonna Inn and were up to 3 feet near the Prefumo Creek confluence (Questa Engineering Corporation 2003).

FLOOD RISK
Following the 1973 flood, watershed studies and plans were developed and updated, including the 1974 U.S. Army Corps of Engineers floodplain study of San Luis Obispo Creek (USACE 1974), 1977 Nolte & Associates study (George S. Nolte & Associates 1977), and 1978 FEMA flood insurance study. The extent of 100-yr and 500-yr flood zones, based on these studies, is shown in Figure 3.

In 2003, the City’s Waterway Management Plan (WMP) was completed, which relied on updated analyses for flow frequency. In general, the flow estimates provided by the WMP for a given recurrence interval are higher than those reported in the prior studies, leading to the 1 Storm damages were normalized to reflect costs in the year 2000. 2 According to the flood frequency analysis conducted for the 2003 Waterway Management Plan (Questa Engineering Corporation 2003), which represent updated flood frequency information compared to the Federal Emergency Management Agency study (1978).

Higuera Street, San Luis Obispo, January 1969 flood event.

Flooding
Climate Adaptation and Safety Element | 23
recommendation that the WMP be used for design considerations for projects in the city, as a conservative assumption, as well as the adoption of the updated flow frequency estimates by the City. According to the WMP, nearly all streams in the San Luis Obispo Creek watershed have less than a 25-year (4-percent exceedance probability) flood capacity, with some experiencing flooding in the 10- to 15-year range (Questa Engineering Corporation 2003).

FLOOD RISK FACTORS
For the San Luis Obispo Creek watershed, factors that may directly contribute to flooding are infrastructure-induced flow constrictions, wildfire, and degraded riparian corridors (Questa Engineering Corporation 2003). In terms of flooding from infrastructure, bridges often serve as flow constrictions because the abutments, or structures connecting the bridge deck to the ground, may occupy part of the floodplain for a channel in order to reduce the span width of the deck. In addition, bridge piers can intercept transported debris, particularly woody vegetation, and reduce conveyance through the structure.

Undercity Culvert
One of the greatest flow constrictions in the watershed is the undercity culvert. This flow rate is below the 25-year flood event (4-percent exceedance probability) according to FEMA flood insurance studies (FEMA 1978), indicating that the culvert is unable to manage water flow during the 25-year flood event. Flows exceeding the undercity culvert capacity may exit the channel at Osos Street or further upstream at the Santa Rosa or Marsh Street bridges and cause overland flooding within downtown, particularly along the Marsh Street corridor and areas surrounding the creek channel.

Post-Wildfire Runoff
Post-wildfire runoff represents another risk for flooding because burned areas in the watershed will contribute more runoff and higher sediment loads than vegetated areas. As previously mentioned, the 1995 floods, which caused approximately $2.3 million in damages, followed the 1994 Highway 41 fire and the loss of vegetation on hillslopes contributed to high runoff volumes.

Overall, about one third of the San Luis Obispo Creek watershed is considered by the California Department of Forestry and Fire Protection (CAL FIRE) to be in Very High Fire Hazard Severity Zones, based on an analysis of publicly available GIS data (CAL FIRE 2020).

Degradation of the City’s Riparian Corridors
The degradation of riparian corridors, the thin strips of trees and other vegetation lining the creeks, may contribute to flooding within the San Luis Obispo Creek watershed. Historically, riparian zones would have been composed of tall, single-trunk sycamores, cottonwoods, and willows, but these areas are now characterized by shrubby willow growth (Questa Engineering Corporation 2003). This results in more low-hanging branches coming into contact with flowing water, which increases the roughness of the creek channels and consequently reduces flow velocities. When the water is slowed, water levels in the channel are increased and overflow into surrounding lands becomes more likely.

The conversion of land to impervious surfaces as a result of urban development, known generally as “urbanization” has indirectly affected flood risk by altering the shape and function of the creek channels within the watershed. Overall, the San Luis Obispo Creek watershed is about 10 percent

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urbanized, meaning that 10 percent of the land area within the basin3that drains to the outlet of San Luis Obispo Creek at Avila Beach is covered by urban development. However, when considering only the portion of the watershed upstream of Los Osos Valley Road, the drainage basin is 15 percent urbanized (Questa Engineering Corporation 2003). Conversion to impervious surfaces accompanying urban development results in higher runoff rates because rainfall cannot be absorbed by the underlying soil from these surfaces. This causes water to enter the creek channels more quickly and leads to higher flow volumes and faster channel velocities on a more frequent basis. The City has adopted post construction stormwater regulations that include provisions for the upgrade of certain existing developed sites upon redevelopment to improve historic watershed processes through retention.

For periods of sustained, heavy rainfall, the watershed soils may be highly saturated at the time of peak rainfall and the watershed may therefore, have a limited ability to absorb the incoming precipitation, even if the impervious surfaces had not been in place. Impacts from additional urbanization of the San Luis Obispo Creek watershed will need to be determined, as a result of build-out according to the general plans for the City, County, and the California Polytechnic State University at San Luis Obispo (Cal Poly).

In addition to urbanization, there are other causes of riparian corridor degradation. The historic presence of small dams in the upper watershed (near Stagecoach Road, which has been removed, and the larger Reservoir Canyon facility) prevented large sediments (cobble and large gravels) from being transported downstream. Naturally, these eroded sediments would have continuously filled in the channels, but instead they became trapped behind the dams and filled in the small reservoirs. The creek channels continued to erode the underlying material, and with reduced incoming sediment to offset this erosion, the channels cut deeper into the landscape.

FLOOD MANAGEMENT CHALLENGES
Flood management continues to be a high priority for the City, but there are several important barriers that can make management more difficult. Much of the creek corridor that runs through the city along San Luis Obispo Creek and its tributaries is not owned by the City. Although the City has some authority under the City’s Municipal Code for emergency removal of vegetation and other debris, general maintenance of the creeks falls upon the owners of property adjacent to the creek.

Additionally, the creek corridor is highly confined in areas, particularly through downtown, making projects such as channel widening infeasible. Following the 1973 flood, the George S. Nolte & Associates study, completed in 1977, identified proposed flood control projects, but few were adopted because of the environmental effects associated with channel widening and other alternatives (Questa Engineering Corporation 2003). Several areas of the city, including downtown areas along San Luis Obispo Creek, the intersection of U.S. 101 and Los Osos Valley Road, the Johnson Avenue railroad underpass, and areas surrounding Laguna Lake have been at a high risk for frequent flooding (City of San Luis Obispo 2011).

To address these issues, large projects have been proposed to manage flood risk in the increasingly urbanized city. One such proposed project is the Mid-Higuera Bypass Project, which would increase conveyance capacity of San Luis Obispo Creek between Marsh Street and Madonna Road. This area, downstream of the confluence of Stenner and San Luis Obispo Creeks, has flooded and received extensive damage in some of the historical floods previously mentioned. 3 Basin, or drainage basin, is another term for watershed.

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The planned removal of sediment and Arundo stands from San Luis Obispo Creek south of Los Osos Valley Road will also serve to reduce local flood risk.

CLIMATE-INFORMED FLOOD RISK MODELING
As part of the development of the Climate Adaptation and Safety Element, a climate-informed flood risk modeling exercise was conducted to understand how changes in precipitation caused by climate change are likely to affect the frequency and severity of large storm events (e.g., 100- year storm event) and how these changes would affect the city’s existing flood plains. To read details on the full Flood Risk Modeling Methodology, see Section 2.6 in Appendix A (Hazards and Vulnerability Report).

Table 2 includes the modeling results for various size storm events in the San Luis Obispo Creek watershed for the long-term period (2070-2099) under a high emissions scenario.

Table 2 Climate-induced Changes in Peak Stream Flow for the San Luis Obispo Creek Watershed
Flood Event
(Return Interval)
Percent chance of
flood occurring in
any given year
Percent increase in peak stream flow
90th Percentile 50th Percentile
(median) 10th Percentile
500-Year 0.2% 122% 38% 4%
200-Year 0.5% 116% 38% 4%
100-Year 1% 110% 38% 4%
50-Year 2% 103% 37% 4%
20-Year 5% 93% 35% 3%
10-Year 10% 84% 33% 3%
5-Year 20% 73% 29% 3%
2-Year 50% 51% 28% 8%
1-Year 99% 64% 17% -31%
Source: cbec eco engineering 2021. The late century (2070-2099), RCP 8.5 scenario was used to determine flood impacts.

As shown in Table 2, the 10th percentile results indicate an extremely dry scenario, which experiences decreases in flow for events with less than a 2-year recurrence interval, while the 90th percentile results represent an extremely wet future scenario and results in peak flows more than doubling for events that occur every 50 or more years. For flood events occurring more rarely than every 2 years, flows are expected to increase across all scenarios including the 10th percentile projection. Overall, the median projection represents the best available estimate at this time for the San Luis Obispo Creek watershed for how peak flows are likely to change if global GHG emissions maintain the high emissions scenario trajectory for the long-term period.

The climate-induced increases in flood magnitude are due to increases in precipitation intensity.

As the atmosphere warms, its ability to hold water vapor increases. While total annual precipitation in different parts of the state is projected to increase, decrease, or stay the same depending on the location, the trend of increasing rainfall within shorter periods of time (increasing intensity) is projected to occur broadly (OPR et al. 2018a). In this way, even areas

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that may become drier and experience water scarcity as a result of climate change may also experience increased flood risk.

Based on California’s location next to the Pacific Ocean, the state is exposed to the atmospheric river (AR) phenomenon, a narrow corridor of concentrated moisture in the atmosphere.

California is subject to precipitation from an AR that transports water vapor from as far south as Hawaii to the state. The presence of the AR contributes to the frequency of “wet years” in the state, when there is an above-average number of AR storms and above-average annual precipitation. Projected peak stream flow increases are also greater for larger (less frequent) flood events than for smaller ones, as a result of the watershed’s diminishing ability to absorb increasingly high levels of rainfall. For example, following a long, dry summer, the land surface, soils, and vegetation will have a relatively high capacity to hold incoming rain and very little stream flow may be generated from a notable amount of rainfall. In the mid-winter months, after a series of precipitation events has passed through, the soils are relatively saturated and generate runoff more quickly. For very large precipitation events, the capacity of the watershed to absorb incoming rainfall can be quickly exceeded, causing large increases in stream flow within the system. For the median scenario, peak flow rates are projected to increase from 17 percent to 38 percent for events that occur every year to every 500 years, on average, as show in Table 2.

While research indicates that the frequency of large storm events do increase in these wet years, the most severe flooding from ARs may not be in wet years (Swain et al. 2018). The largest flooding impacts are caused by persistent storm sequences on sub-seasonal timescales (i.e., short time periods, typically 2 weeks to 3 months), which bring a significant fraction of annual average precipitation over a brief period. These storm events are similar to the Great Flood events of 1861–1862, which caused widespread damage throughout northern California (Swain et al. 2016). Based on current climate modeling, the frequency of these large storm sequences over short timeframes is projected to increase noticeably under the high emissions scenario. It is estimated that a storm similar in magnitude to the Great Flood events is more likely than not to occur at least once between 2018 and 2060 (Swain et al. 2018).

Although annual precipitation is anticipated to increase in the city and the larger central coast region, California’s climate oscillates between extremely dry and extremely wet periods with annual precipitation varying widely from year to year. Climate change is anticipated to exacerbate these seasonal extremes with dry periods becoming dryer and wet periods becoming wetter (OPR et al. 2018b:19). As a result, the frequency and severity of large storm events are anticipated to increase as well. These oscillations between extremely dry and extremely wet periods, which have occurred historically in the state, are anticipated to become more severe with rapid shifts from dry to wet periods known as “whiplash events” (Swain et al. 2016). As Swain et al. note in their research, the recent 2012–2016 drought followed by the 2016–2017 flood events throughout the state serve as a good example of the type of whiplash events that will occur more frequently over the next century. These types of events are estimated to increase by approximately 100 percent in southern California, with increases in frequency occurring largely after 2050 (Swain et al. 2016).

FUTURE FLOOD MAPPING RESULTS
Based on hydraulic modeling discussed above, future floodplain maps were generated to understand how changes in precipitation for the 10-year, 50-year, and 100-year storm events would impact the city as shown in Figures 3 through 11. Additional modeling for the 10-year, 50- year, 100-year, and 500-year storm events are included in the appendix (Detailed Flood Mapping

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Results) of the Hazards and Vulnerabilities Report (Appendix A). Figures 4 through 11 show the generated depth maps for historic and future (long-term high emissions [RCP 8.5] scenario) conditions for the 10-year (Q10) and 100-year (Q100) events within the San Luis Obispo Creek – Stenner Creek and San Luis Obispo Creek – Prefumo Creek confluence areas. These figures provide an illustration of the future extent of flood plains in the San Luis Obispo Creek watershed.

However, there are limitations preventing these maps from being used for more detailed or more absolute flood extent delineations for historic and future conditions. One main limitation is the reliance upon hydraulic models that are almost two decades old and do not cover all areas of the city as well as an uncertain range of possibilities for future precipitation and future global emissions trends during the late-century period. However, the mapping exercise is useful for indicating the locations and extents of relative flood impacts that may reasonably be expected to occur due to climate change under the late-century high emissions scenario.

To further understand relative flood impacts, the hydraulic model domain was divided into nine analysis regions where changes in inundated area in acres and average depth on the floodplain (ft) were compared between historic and future conditions for each flood event. To determine these statistics for floodplain areas, the regions within the creek channels and Laguna Lake were removed from the analysis.

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Figure 3 Flood depth: SLO Stenner - Historic (year 2000) Q100 event (1% chance of occurring in any given year) - based on historical hydrology

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Figure 4 Flood depth: SLO Stenner Historic (year 2000) Q100 event (1% chance of occurring in any given year) based on historical hydrology

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Figure 5 Flood depth: SLO Stenner Future (years 2070-2099) Q100 event (1% chance of occurring in any given year) - based on climate-projected hydrology using the RCP 8.5 (high emissions) scenario

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Figure 6 Flood depth: SLO Perfumo Historic (year 2000) Q100 event (1% chance of occurring in any given year) - based on historical hydrology

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Figure 7 Flood depth: SLO Perfumo Future (years 2070-2099) Q100 event (1% chance of occurring in any given year) - based on climate-projected hydrology using the RCP 8.5 (high emissions) scenario

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Climate Adaptation and Safety Element | 33

FLOODING POLICIES
Policy FL-3.1: Climate-Informed Flood Management
The City shall incorporate the climate-informed flood risk modelling in flood management plans, programs, and procedures.

Policy FL-3.2: Flood Protection for New Development
The City shall ensure that all new development adheres to all provisions in Chapter 17.78 “Flood Damage Prevention” in the City’s Municipal Code, consider climate models, and update the provisions accordingly to remain consistent with any future federal, state, and local regulatory requirements.

Policy FL-3.3: Flood Protection for Existing
Development
The City shall continue identification and
mapping of areas that are at increased flood
risk from large storm events using the climateinformed flood risk modeling that was developed as part of the City’s climate change
vulnerability assessment.

Policy FL-3.4: Flooding and Post-Wildfire
Debris Flow
The City shall conduct a detailed assessment
to identify key impact areas in the city from a post-wildfire debris flow scenario and the implications this scenario would have on stormwater runoff during larger storm events. Develop a set of pre-disaster mitigation measures to be implemented to help mitigate impacts from postwildfire debris flow events. Mitigation measures could include:
• rapid reforestation and stabilization of wildfire-affected areas susceptible to debris flow runoff to stabilize soils;
• communication and coordination with residents and businesses located within potential impact areas from post-wildfire debris flow events; and • development of analysis techniques to predict debris flow events based on rainfall and moisture conditions.

Policy FL-3.5: A Resilient Flood Management System
The City shall explore opportunities to add redundancy to the city’s existing stormwater and flood management systems to mitigate impacts from increased storm intensities, as needed. To provide co-benefits to the SLO community, design flood management system redundancies to serve multiple purposes that add value to the community (e.g., detention basins that serve as parks or recreation areas). Resilient flood management projects should be prioritized in locations of the city that are the most vulnerable.

Green Infrastructure: Bioswale

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Climate Adaptation and Safety Element | 34
Policy FL-3.6: Regional Coordination for Flood Control
The City shall continue to coordinate with regional partners (e.g., San Luis Obispo County, Cal Poly San Luis Obispo, Caltrans, LOSSAN Rail Corridor Agency) on flood preparedness and flood management initiatives.

FLOODING PROGRAMS
Program FL-3.7: Waterway Management Plan
The City shall work with County to update the Waterway Management Plan to incorporate the climate-informed flood risk modeling that was developed as part of the City’s Hazard and Vulnerability Assessment. The City will encourage the County to include the following components in the updated Waterway Management Plan:
• Incorporate future changes in precipitation patterns into the City’s Drainage Design Manual to ensure that future development in the city can properly accommodate changes in runoff from small and large storm events caused by climate change. • Incorporate climate-informed flood risk modeling in all flood management-related capital improvement projects in the Waterway Management Plan.
• Develop strategy to offset the increase in stormwater runoff from existing residential and nonresidential land uses from small storm events through green infrastructure to help offset climate impacts on the City's stormwater management system from climate change.

Prioritize green infrastructure design improvements,
including rain gardens, rainwater catchment barrels,
green stormwater infrastructure, bio-swales, detentions basins, permeable parking lots, and permeable
pavement.
• Identify critical bridges, railways, and roadways (e.g., high-volume roadways, key evacuation routes) and
prioritize upgrades to flood managent and drainange
infrastructure associated with these roadways to
account for future increases in large storm events.

Identify anthropogenic bank protection features that
could lead to flooding through channel constriction and mitigate those structures (e.g., rock gabion baskets,
stacked concrete sack walls).
• Identify riparian corridors and floodplains particularly suited for water retention (e.g. is suitable to receive flood waters, can slow down inchannel water through) and prioritize conservation and restoration projects on these areas to restore and retain natural floodplain function and slow in-channel velocity with vegetation.

Program FL-3.8 Flood Damage Prevention
Update the provisions in Chapter 17.78 “Flood Damage Prevention” to incorporate climate risk and information from the updated Waterway Management Plan.

Green Infrastructure Definition
“Green infrastructure” encompasses
natural features, such as forests and
wetlands, that provide similar or
complementary flood-management
benefits as engineered
infrastructure. While engineered
infrastructure can degrade rivers and
the values they provide, green
infrastructure tends to support a
diverse array of other benefits. A
sustainable and resilient approach to
flood-risk management will deploy a
mix of green and engineered
infrastructure solutions, tailored to
specific challenges and objectives
(The Nature Conservancy 2014).

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Climate Adaptation and Safety Element | 35
Program FL-3.9: Sustainable Flood Management and Open Space Develop a program to work with public and private landowners upstream of waterways passing through the city (e.g., Stenner Creek, San Luis Obispo Creek) to manage stormwater runoff through sustainable land conservation practices (e.g., conservation easements) that achieve multiple objectives including habitat restoration, land conservation, carbon farming, reconnection/enhancement of floodplain areas and vegetation management, with a focus on strategies that will reduce current and future flood risk.

Program FL-3.10: Urban Creeks Vegetation Management Plan Develop Urban Creeks Vegetation Management Plan to address excessive and noxious vegetation growth and remove dead material to prevent debris jams and reduce likelihood of flooding in and around the City and integrate as an additional section in the updated Waterway Management Plan.

Program FL-3.11: Flood-Prepared Neighborhoods Program
Work with the San Luis Obispo County Office of Emergency Services, community organizations, and regional partners to develop neighborhood readiness plans for areas of the city that are at current and future risk from flooding events. The City should prioritize planning efforts in neighborhoods that are the most vulnerable, and ensure additional supports are available for community members to participate in the planning process and invest in flood resilience.

Program FL-3.12: Community-Driven Flood Education
Continue to work with the San Luis Obispo County Office of Emergency Services to provide accurate and readily available flood risk information through the County Ready SLO and City Prepare SLO websites and resources and integrate future flood risk and climate-related flood impacts into County Ready SLO and City Prepare SLO materials. Creative community-driven flood risk and resilience workshops should be developed to build awareness with hard-to-reach populations and high-risk neighborhoods. These workshops could occur through collaboration with the County of San Luis Obispo Zone 9 Flood Control and Watershed Protection District.

Program FL-3.13 Flood Warning Monitoring System
Explore the feasibility, costs, and benefits of developing a dedicated early warning flood monitoring system or incorporate early flood warning into existing alert and notification systems, in coordination with regional partners to provide alerts to residents and visitors in the city during large storm events. Ensure that such a program provides benefits to the most vulnerable members of the region, including persons experiencing homelessness and mobile home communities.

Program FL-3.14 Research and Develop Flood Protection Measures Research and develop flood damage prevention measures that can be applied to existing properties that will be at increased flood risk due to climate change

Climate Adaptation and Safety Element | 36

OVERVIEW
Heat is emerging as a critical hazard in San Luis Obispo. While the city generally has a mild, Mediterranean climate, recent observed extreme heat events and a projected increase of extreme heat events mean that heat is increasingly a public safety issue.

Although the city has not historically experienced many extreme heat conditions, the city is likely to experience increased sensitivity to extreme temperatures because residents are not acclimatized to or prepared for extreme heat conditions, even if increases are relatively mild compared to other parts of the state. Extreme heat events are described in this section in terms of their intensity (i.e., average maximum temperature), frequency (i.e., how often they occur), time of year in which they occur, and duration (total number of consecutive extreme heat days).

Figure 8 includes the average annual maximum and minimum temperatures for the city from 1926 through 2018.

Sources: Cal Poly 2020.

Figure 8 Average Annual Maximum and Minimum Temperatures in the City (1926-2018)

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Climate Adaptation and Safety Element | 37

CLIMATE CHANGE AND EXTREME HEAT
As shown in Table 3, both annual maximum and minimum are projected to increase throughout the 21st century. The average annual maximum temperature in the city is projected to increase to 71.6°F in the near-term and 73.1°F in the midterm under the high emissions scenario. The average annual maximum temperature is projected to increase to 73.1°F and 75.6°F in the latecentury period under the medium and high emissions scenarios, respectively. The average annual minimum temperature in the city is projected to increase to 48.7°F in the near-term and

49.7°F in the midterm under the high emissions scenario, and the late-century average annual minimum temperature is projected to increase to 50.1°F and 52.7°F under the medium and high emissions scenarios, respectively (CEC 2019a). Increased temperatures in the city will influence secondary climate effects, including extreme heat events, wildfire, and drought.

Table 3 Changes in Average Annual Temperature in City of San Luis Obispo Geography Average Annual
Temperature
Historic Average
Annual
Temperature
(1961-1990)
NearTerm
(2021-
2050)
Midterm
(2035-
2064)
Late-Century (2070-2099)
Medium
Emissions
High
Emissions
City of San
Luis
Obispo
Maximum
Temperature (°F)

68.4 71.6 73.1 73.1 75.6
Minimum
Temperature (°F)

45.7 48.7 49.7 50.1 52.7
San Luis
Obispo
County
Maximum
Temperature (°F)

69.8 72.9 74.3 74.7 77.3
Minimum
Temperature (°F)

42.2 45.4 46.6 46.9 49.8
Notes: °F = degrees Fahrenheit; RCP = Representative Concentration Pathway.

Source: CEC 2019a.

Figure 9 illustrates the projected change in average annual maximum temperature in the city and in San Luis Obispo County (County) in the near-term and midterm periods under the high emissions scenario and average annual maximum temperature in the late-century period under both emissions scenarios. As shown in the Figure 9, the average annual maximum temperature is expected to rise through the late-century period under both emissions scenarios. As shown in Table 3, the County compared to the City, has had slightly higher maximum and minimum temperatures historically with this trend continuing under both emissions scenarios as temperatures continue to rise in both the City and the County. This difference is also reflected in Figure 9, which shows the city experiencing smaller increases in annual average maximum temperatures compared to northern and eastern portions of the County.

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Sources: Data downloaded from City of San Luis Obispo in 2020 and County of San Luis Obispo in 2020 and downloaded from Cal-Adapt in 2021.

Figure 9 Changes in Annual Average Temperature in San Luis Obispo County through 2099

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Extreme Heat Events
The Cal-Adapt tool provides estimates of future instances of extreme heat events. Extreme heat events include extreme heat days and heat waves. Cal-Adapt defines an extreme
heat day as a day when the daily maximum temperature
exceeds the 98th historical percentile of daily maximum temperatures based on observed data from 1961–1990
between April and October. Heat wave events are
characterized as periods of sustained extreme heat and are defined by Cal-Adapt as four or more consecutive extreme heat days.

The extreme heat threshold for the city is 89.6°F, meaning 98 percent of all recorded temperatures in this period were below 89.6°F. Historically (1961-1990), the city experienced an average of four extreme heat days per year. As a result of rising temperatures from climate change, the city is projected to experience up to 7 extreme heats days annually in the near-term and 10 extreme heat days annually in the midterm under the high emissions scenario. In the late-century period, the city is projected to experience up to 10 extreme heat days annually under the medium emissions scenario and 18 extreme heat days annually under the high emissions scenario (CEC 2019b). As shown in Table 4, the number of extreme heat days is already increasing from historic averages and will continue to increase under both emissions scenarios. The city is beginning to experience increases in extreme heat with a record high temperature of 117°F being set on September 6, 2020 (NOAA 2021).

Table 4 Changes in Extreme Heat Events in City of San Luis Obispo Annual Averages
Historic Annual
Averages (1961-
1990)
NearTerm
(2021-
2050)
Midterm
(2035-2064)
Late-Century (2070-2099)
Medium
Emissions
High
Emissions
Number of Extreme Heat
Days
4 7 10 10 18
Number of Heat Waves 0.2 0.3 0.4 0.4 1.3
Number of Days in Longest
Stretch of Consecutive
Extreme Heat Days

2.6 2.8 3 3.4 4.6
Notes: RCP = Representative Concentration Pathway; Extreme Heat Day = day with maximum temperature above 89.6°F; Heat Wave = four or more consecutive extreme heat days Source: CEC 2019b.

While heat waves have historically been infrequent in the city, with a historical average of less than one heat wave annually, climate change is expected to increase the frequency of heat waves. Under the high emissions scenario, the city is projected to still experience less than one heat wave per year in the near-term and in the midterm. In the long term, the city is projected to experience less than one heat wave per year under the medium emissions scenario and 1.3 heat waves per year under the high emissions scenarios.

The average number of days in the longest stretch of consecutive extreme heat days per year is also projected to increase. Historically, the longest stretch of consecutive extreme heat days lasted for an average duration of approximately two-and-a-half days. The longest stretch of consecutive Extreme Heat Definitions
for City of San Luis Obispo
Extreme Heat Day = Day
with maximum temperature
above 89.6°F
Heat Wave = Four or more
consecutive Extreme Heat
Days

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Climate Adaptation and Safety Element | 40
extreme heat days is projected to increase only slightly in the near-term and 3 days in the midterm under the high emissions scenario. In the late century, the duration is projected to increase to an average of 3.4 days under the medium emissions scenario and 4.6 days under the high emissions scenario (CEC 2019b). The timing of extreme heat days is also projected to change over the 21st century with more extreme heat days and heat wave events occurring earlier in the year (April through May) and more severe events occurring in the historically hot months of September and October (CEC 2019b). The projected number of heat waves and number of days in the longest stretch of consecutive extreme heat days is shown in Table 4.

URBAN HEAT ISLAND
The city’s urban land use patterns can intensify periods of extreme heat through the “urban heat island” (UHI) effect. The UHI effect is the phenomenon of urban areas being significantly warmer than surrounding rural areas because of human activity and land use patterns in the built environment. Several factors contribute to the effect, with the primary cause being changes in land surfaces (EPA 2008). The albedo of a surface is the measure of the ability to reflect or absorb solar radiation, with darker surfaces having a lower albedo and absorbing more solar radiation. As urban areas develop over time, resulting in the development of more land surfaces with low albedos (e.g., asphalt pavement, dark building surfaces), more solar radiation is absorbed in these materials causing increased ambient temperatures and warmer nighttime temperatures. Another factor contributing to the UHI effect is the loss of evapotranspiration in urban areas. Evapotranspiration, the movement of water to the air from sources such as the soil, plants, and bodies of water, reduces ambient air temperatures (EPA 2008). As cities grow and often reduce the extent of available vegetation that contributes to evapotranspiration, UHI effects increase. Additionally, waste heat from human activities involving machinery (e.g., vehicle traffic, using air conditioning, industrial activity) can also contribute to the UHI effect, with excess heat absorbed by surrounding surfaces (Sailor 2011; Zhu et al. 2017).

ENVIRONMENTAL JUSTICE AND EXTREME HEAT
Alongside populations with health sensitivities, residents with specific sociodemographic characteristics are at increased sensitivity to extreme heat events (CDC 2019). Research has found that low-income residents spend a larger proportion of their income on utilities, including electricity use for cooling, with these residents being disproportionately affected during extreme heat events (Voelkel et al. 2018). Additionally, research has found that low-income neighborhoods can often have less tree coverage and park space, further contributing to the disproportionate impact on low-income residents (Zhu and Zhang 2008). Decreased access to transportation services can further increase exposure and health risks from extreme heat events for the unhoused community (Ramin and Svoboda 2009). Unhoused individuals are also at increased risk from extreme heat events with, generally, less access to places to cool off and healthcare resources during these events. Figure 10 shows the location of low-income areas in the city, based on SLOCOG regional definition of low-income. The map shows urban heat island hotspots and areas where average income level is less than 80 percent of the region’s average median income.

The Margarita Avenue Neighborhood (Census Tract 111.03) is an area of the city with a particularly vulnerable population in regard to extreme heat. This area includes a high percentage of elderly and disabled residents, a high percentage of residents experiencing linguistic isolation, and 50 percent of residents earning less than 200 percent of the federal poverty level. This census tract also is located in a portion of the city that experiences a more