Cities Index.
Agenda packet

San Luis Obispo City Council
March 21, 2023

Document
Agenda packet
Meeting
March 21, 2023
Body
San Luis Obispo City Council
Pages
409
Original file
20.0 MB
Text extracted from the city's file for reading and search. Open the original on pub-slocity.escribemeetings.com. That file is the official record.

Ordinance No. 1725 (2023 Series) Page 4
O 1725
ii. Only three retail storefronts, which must front arterial streets, will be allowed within the city. Selection of the retail commercial cannabis operator will be selected from qualified commercial cannabis operators as set forth in Chapter 9.10, Cannabis Regulations. One of the retail storefronts shall have a medicinal license and may also have an adult use license. iii. Retail storefronts shall be located at least one thousand feet from any preschool, elementary school, junior high school, high school, public park or playground, six hundred feet from any licensed day care center, and three hundred feet from any residentially zoned area. Youth centers do not require a buffer. Distance shall be measured from the nearest point of the property line to the nearest point of the property line of the enumerated use using a direct straight-line measurement.
iv. Retail storefronts must be separated from each other by at least one thousand feet.
v. Hours of operation shall be limited between seven a.m. to nine p.m. vi. Retail storefronts that possess a valid State of California cannabis retailer license with an A-designation must include a sign at each entrance of a retail storefront that prohibits persons under twenty-one years of age from entering. Retail storefronts that possess a valid State of California cannabis retailer license with an M-designation or both an A-designation and an M-designation must include a sign at each entrance of the retail storefront that prohibits persons under twenty-one years of age from entering unless the person is at least eighteen years of age and is also in possession of a valid physician’s recommendation for medical cannabis.

SECTION 4. Section 9.10.230, Minors, of the San Luis Obispo Municipal Code is hereby amended as follows:

A. Minors shall not be allowed on the premises of a commercial cannabis business having either an “A” or “M” license, or both, even if accompanied by a parent or guardian.

B. No person under twenty-one years of age shall be allowed on the premises of a commercial cannabis business having an “A” license only.

C. No person under twenty-one years of age shall be allowed on the premises of a commercial cannabis business having either an “M” license or both an “A” and “M” license unless the person is at least eighteen years of age and is also in possession of a valid physician’s recommendation for medical cannabis.

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Ordinance No. 1725 (2023 Series) Page 5
O 1725
D. Every entrance to an “A” licensed commercial cannabis business shall be clearly and legibly posted with the following notice: “ENTRY ONTO THESE PREMISES BY PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. VALID PHOTO ID REQUIRED.” Each letter of the notice must be at least two inches high and clearly visible.

E. Every entrance to an “M” licensed or both an “A” and “M” licensed commercial cannabis business shall be clearly and legibly posted with the following notice:
“ENTRY ONTO THESE PREMISES BY PERSONS UNDER 21 YEARS OF AGE

IS PROHIBITED BY LAW UNLESS THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND IS ALSO IN POSSESSION OF A VALID PHYSICIAN’S RECOMMENDATION FOR MEDICAL CANNABIS. VALID PHOTO ID
REQUIRED.” Each letter of the notice must be at least two inches high and clearly visible.

F. No person, business, or other entity conducting a commercial cannabis activity with either an “A” or “M” state license shall employ any person who is not at least twenty-one years of age. (Ord. 1647 § 4 (Exh. A (part)), 2018) SECTION 5. Section 9.10.250 (C), Security and public safety measures, of the San Luis Obispo Municipal Code is hereby amended as follows:

C. Hours of Operation.

1. Retail Storefront. Retail storefront commercial cannabis business shall not operate between the hours of nine p.m. and seven a.m.

2. Retail Non-Storefront (Delivery Services). Retail non-storefront (delivery services) commercial cannabis business shall not operate between the hours of ten p.m. and six a.m.

3. Commercial Other than Retail. All commercial cannabis activity other than retail is prohibited between the hours of ten p.m. and seven a.m. (Ord. 1647 § 4 (Exh. A (part)), 2018)
SECTION 6. Environmental Review. The proposed amendments to Chapter 17.86 and Chapter 9.10 of the Municipal Code was reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines. The proposed amendments are determined to be exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the General Rule exemption which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The proposed amendments constitute minor modifications to the rules governing commercial cannabis business retail storefront operations and do not have a significant effect on the environment. Any new retailer-applicant would be required to comply with all applicable state and local law, including a showing of CEQA compliance or exemption.

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Ordinance No. 1725 (2023 Series) Page 6
O 1725
SECTION 7. Action. The City Council hereby adopts an ordinance amending Chapter 17.86 and Chapter 9.10 of the Municipal Code modifying the hours of operations and access requirements for commercial cannabis retail storefronts.

SECTION 8. Ordinance Number 1647 (2018 Series) is hereby amended and superseded to the extent inconsistent herewith.

SECTION 9. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalid or unenforceability shall not affect the validity or enforcement of the remaining provisions of this Ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

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Ordinance No. 1725 (2023 Series) Page 7
O 1725
SECTION 10. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

INTRODUCED on the 7
th day of March 2023, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ______, 2023, on the following vote:

AYES:

NOES:

ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk

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Item 6g
Department: Public Works
Cost Center: 621
For Agenda of: 3/21/2023
Placement: Consent
Estimated Time: NA
FROM: Matt Horn, Public Works Director
Prepared By: Austin O’Dell, Interim Transit Manager
SUBJECT: APPROVAL OF FEDERAL TRANSIT TITLE VI PROGRAM UPDATE AND

PUBLIC TRANSPORTATION AGENCY SAFETY PLAN

RECOMMENDATION

1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving Federal Transit Administration Title VI Program Update and Public Transportation Agency Safety Plan for the San Luis Obispo Transit Services”; and

2. Authorize the City Manager, or their designee, to revise and execute any required certifications, forms, and associated documents on behalf of the City to comply with the FTA requirements discussed in this report.

POLICY CONTEXT
The City Council is the legislative authority which sets the policies under which the City’s transit program operates. The City Council has the authority to adopt ordinances, resolutions, plans, establish policies, approve programs, establish fees, appropriate funds, adopt budgets and approve contracts.

The Federal Transit Administration (FTA) requires that the Title VI Program Update (under Title VI of the U.S. Department of Transportation regulations) and the Public Transportation Agency Safety Plan (PTASP) be approved by the direct or primary recipient’s board of directors or appropriate governing entity or official(s) responsible for policy decisions prior to submission to FTA. The “recipient” is SLO Transit (the City’s transit division), and the City Council is the approving board for this purpose.

DISCUSSION
Background
The Federal Transit Administration (FTA) requires the City of San Luis Obispo to maintain civil rights and safety programs in order to receive federal transit funds. The FTA has recently increased the requirements for civil rights programs to include surveys, outreach, and more analysis than previous years. Staff has conducted the required outreach, noticing, and comment period requirements for the programs.

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Item 6g
Title VI Program Update
The purpose of the Title VI Program Update is to ensure that the level and quality of SLO Transit services are provided in a non-discriminatory manner and that the opportunity for full and fair participation is offered to SLO Transit’s riders as well as other community members. The Title VI Program Update includes: complaint procedures, noticing requirements, public participation, limited language assistance, and service standards.

FTA requires the Title VI Program to be updated every three (3) years in order to receive federal transit funds. The current Title VI Program expired on November 30, 2022. To maintain eligibility for federal funds following that date, staff took steps to demonstrate compliance with FTA’s Title VI Program by preparing the document, conducting outreach, and submitted the document to FTA for review and concurrence. FTA has reviewed and concurs with the City’s Title VI Program Update with the outstanding requirement of City Council’s approval. Upon City Council’s approval of Title VI Program Update, the City will be in full compliance for the next three years. Refer to Attachment B to review the proposed program update.

PUBLIC TRANSPORTATION AGENCY SAFETY PLAN (PTASP)
The PTASP rule requires operators of public transportation systems that receive federal funds under FTA’s Urbanized Area Formula Grants (49 U.S.C. § 5307) to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS), as well as a strategic approach to carry out the Transit Asset Management (TAM) Program.

SLO Transit has updated its PTASP (Attachment C) to meet requirements specified in 49 CFR Part 673. The plan meets FTA requirements and has been reviewed by San Luis Obispo Council of Governments (SLOCOG), as required by FTA regulations (23 CFR 450.316.)
The PTASP is based on the following four (4) principles or pillars of SMS: 1). Safety Management Policy; 2). Safety Risk Management: 3). Safety Assurance; and 4). Safety Promotion.

This plan includes Safety Performance Targets, which are specific numerical targets based on the Safety Performance Measures established by FTA in the National Public Transportation Safety Plan including: fatalities, injuries, safety events, system and reliability.

The PTSAP is updated annually and satisfies FTA requirements.

Previous Council Action
The City Council approved previous Title VI Program on January 21, 2020. In addition, City Council approved the previous PTASP on November 17, 2020.

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Item 6g
Public Engagement
Staff conducted public outreach on September 8, 2022 in the Community Room for the Title VI Program Update, the Disadvantaged Business Enterprise (DBE) Program Update, and the Overall DBE Goal Setting Document. The public comment period for these documents was from August 23, 2022 through September 24, 2022. No significant comment was received pertaining to DBE and/or Title VI.

There is no public engagement requirement for the PTASP as this is an administrative document.

CONCURRENCE
The Title VI Program Update has been prepared in accordance with federal requirements.

Prior concurrence from FTA is not required.

The PTASP Program Update has been prepare in accordance with federal requirements.

This plan has been reviewed by SLOCOG.

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

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

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

Total $ $ $ $
There are no fiscal impacts related to Council’s resolution approval. Without Council’s approval federal funds would no longer be available for SLO Transit.

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Item 6g

ALTERNATIVES
Council could decide not to approve the federal program documents. The action is not the recommendation because the would be ineligible to receive dedicated federal transit funds.

ATTACHMENTS
A - Draft Resolution approving Title VI Program Update and the Public Transportation Agency Safety Plan
B - Title VI Program Update
C - Public Transportation Agency Safety Plan (PTASP) Update

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R _____
RESOLUTION NO. ______ (2023 SERIES)

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

OBISPO, CALIFORNIA, APPROVING FEDERAL TRANSIT

ADMINISTRATION TITLE VI PROGRAM UPDATE AND PUBLIC

TRANSPORTATION AGENCY SAFETY PLAN FOR THE SAN LUIS

OBISPO TRANSIT SERVICES
WHEREAS, the City of San Luis Obispo receives funds from Federal Transit Administration (FTA) Section 5307 funds and other federal funds for capital and operating assistance funds; and
WHEREAS, FTA requires transit operators to submit a Title VI Program Update every three years as a condition of receipt of FTA Section 5307 funds; and WHEREAS, the City has prepared their Title VI Program Update in accordance to FTA Circular 4702.1B; and
WHEREAS, FTA requires transit operators to submit an update of their Public Transportation Agency Safety Plan (PTASP) as a condition of receipt of FTA Section 5307 funds; and
WHEREAS, the City has prepared a PTASP update in accordance to FTA 49 CFR Part 673, and
WHEREAS, San Luis Obispo Council of Governments (SLOCOG) and has reviewed and concurs with the City’s PTASP.

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Resolution No. _____ (2023 Series) Page 2
R _____
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Luis Obispo, California, as follows:

1. Approves Title VI Program Update for the San Luis Obispo Transit.

2. Authorize the City Manager, or their designee, to fulfil any related certifications, forms, associated documents and make revisions on behalf of the City to comply with the FTA.

Upon motion of _______________________, seconded by
_______________________, 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 Purington
City Clerk
APPROVED AS TO FORM:
________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ________________________________
Teresa Purrington
City Clerk

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SLO TRANSIT Title VI Program August 1, 2018

TITLE VI PROGRAM UPDATE
San Luis Obispo Transit (SLO Transit or
SLOT), Operated by the City of San Luis
Obispo, CA
Effective: July 1, 2022
Revision 00
Prepared by:

City of San Luis Obispo
Department of Public Works, Transit Division
919 Palm Street
Sa Luis Obispo, CA 93401
Tel: (805) 781-7121
URL: http://www.slocity.org

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SLO TRANSIT Title VI Program August 1, 2018
Table of Contents
SECTION ONE: Introduction/3
SLO Transit’s Commitment to Civil Rights/3
SECTION TWO: General Requirements/6
Notice to the Public/6
Discrimination Complaint Procedures/7
The Procedure/8
SECTION THREE: SLO Transit ’s Public Participation
Plan/12
Key Principles/12
Early, Continuous and Meaningful/12
Goals of the Public Participation Plan/13
Objectives of the Public Participation Plan/13
SLO Transit’s Public Participation Process/15
SECTION FOUR: Language Assistance Plan/19
Improving Access for People with Limited English
Proficiency/19
SECION FIVE: Outcomes/29
New tools and alerting riders of language assistance/29 SECTION SIX: Decision Making Bodies/32
City Council (Elected)/32
Mass Transportation Committee (non-elected/32
SECTION SEVEN: Service Standards and Policies/33
Vehicle Load/35
Vehicle Headway (Frequency)/35
On-Time Performance/35
Service Availability – Access to the Bus/37
Vehicle Assignment Policy/36
Transit Amenity Policy/36
Monitoring Service Standards/36
Summary of Changes/37
Construction Equity Analysis/37
SECTION EIGHT: Program Specific Requirements/38
SECTION NINE: Grants, Reviews and Certifications/39
SECTION TEN: Contact/40
SECTION ELEVEN: Resolution/41
SECTION TWELVE: Attachments/42
s
S
ATTACHMENT A: Proof of Public Participation /46

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SLO TRANSIT Title VI Program August 1, 2018
SECTION ONE:

Introduction
SLO Transit’s Commitment to Civil Rights
This update of San Luis Obispo Transit’s (SLO Transit or SLOT) Title VI Program has been prepared to ensure that the level and quality of SLO Transit’s fixed route service is provided in a nondiscriminatory manner and that the opportunity for full and fair participation is offered to SLO Transit’s riders and other community members.

Additionally, through this program, SLO Transit has examined the need for services and materials for persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English.

While it is a matter of principle that SLO Transit is committed to ensuring that no person is excluded from participation in, or denied the benefits of, or subjected to discrimination in the receipt of any of its services on the basis of race, color or national origin, the contents of this program have been prepared in accordance with Section 601 of Title VI of the Civil Rights Act of 1964 and Executive Order 13116 (Improving Access to Services for Persons with Limited English Proficiency). “No person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.” -Civil Rights Act of 1964
“Federal agencies are to examine the services they provide, identify any need for services to those with limited English proficiency, and develop and implement a system to provide those services so LEP persons can have meaningful access to them”
-Executive Order 13166

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SLO TRANSIT Title VI Program August 1, 2018
Under the Civil Rights Act of 1964, and as a recipient of federal funding under the programs of the Federal Transit Administration (FTA) of the U.S. Department of Transportation (US DOT), SLO Transit has an obligation to ensure that:
- The benefits of its bus services are shared equitably throughout the services area;
- The level and quality of bus services are sufficient to provide equal access to all riders in its service area;
- No one is precluded from participating in SLO Transit’s service planning and development process;
- Decisions regarding service changes or facility locations are made without regard to race, color or national origin, and that development and urban renewal benefitting a community as a whole not be unjustifiably purchased through the disproportionate allocation of its adverse environmental and health burdens on the community’s minority population; and
- A program is in place for correcting any discrimination, whether intentional or unintentional.

Upon the City’s request, FTA granted a 30 day extension to allow the City to conduct the public participation component of the program.

SLO Transit has engaged the public in the development of this program. The service standards detailed in this program, along with the open house meetings were all presented and discussed at public information meetings in September 2022. To develop a system to provide services to those with limited English proficiency, SLO Transit engaged a number of community organizations.

City Council was actively involved in the program update for SLO Transit. In September 2022, the City Council reviewed and provided input to the Title VI Program Update. The content of the program was approved and adopted by the City Council (See Section Eleven).

This program contains all of the elements required of a transit provider operating in an urbanized area of 200,000, or less in population, and operating less than fifty vehicles in peak service. It supersedes SLO Transit’s Title VI Program of January 24, 2020. It has been prepared using data from the most recent (Year 2010) U.S. Census.

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SLO TRANSIT Title VI Program August 1, 2018
Tips on filing a complaint
 Be sure to complete the Complaint Form. Only complete Complaint Forms will be accepted.
 If the complainant is unable to write a complaint, SLO Transit’s staff will provide assistance.
 Complaint Form should have following information:
 Complainant's name, address, and contact information (telephone number, email address, etc.).
 How, when, where, and why the complainant believes he or she was discriminated against
 Location, names, and contact information of any witnesses

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SLO TRANSIT Title VI Program August 1, 2018
SECTION TWO:

General Requirements
Notice to the Public
To make SLO Transit’s riders aware of its commitment to Title VI compliance, and their right to file a civil rights complaint, SLO Transit has presented the following language, in both English and Spanish, on its websiteCivil Rights | City of San Luis Obispo, CA (slocity.org), on posters website, public time schedules, and on revenue vehicles.

Notifications
in Buses

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SLO TRANSIT Title VI Program August 1, 2018
Your Civil Rights
SLO Transit operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. Any person who believes they have been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with SLO Transit. For more information on SLO Transit’s civil rights program and the procedures to file a complaint, please contact (805) 781-7012, email [email protected] or visit our administrative office at 919 Palm Street, San Luis Obispo, CA 93401 from 8:00 a.m. to 5:00 p.m. Monday through Friday. For more information about SLO Transit programs and services, visit SLO Transit | City of San Luis Obispo, CA (slocity.org). If information is needed in another language, please contact (805) 781- 7012.

Discrimination Complaint Procedures
SLO Transit has established a process for riders to file a complaint under Title VI. Any person who believes that she or he has been discriminated against on the basis of race, color, or national origin by SLO Transit may file a Title VI complaint by completing and submitting the agency’s Title VI Complaint Form is available at our administrative offices or on our website at www.Slocity.org
If a person believes he or she has been discriminated against in using the SLO Transit service, below is the procedure to file a complaint:

1. Complete the Complaint Form
a. The Complaint Form is available at the SLO Transit office or www.slotransit.org.

2. Sign the completed Complaint Form

3. Submit the Complaint Form within one hundred eighty (180) days of the date of alleged discrimination.

Tip on Filing a Complaint
 Be sure to complete the Complaint Form. Only complete Complaint Forms will be accepted.
 If the complainant is unable to write a complaint, SLO Transit will provide assistance.
 Be sure to include your name, address, and contact information (telephone number, email address, etc.).
 Be sure to include how, when, where, and why you believe you were discriminated against.
 Be sure to include the location, names, and contact information of any witnesses.

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SLO TRANSIT Title VI Program August 1, 2018
The Procedure
Any person who believes they have been discriminated against on the basis of race color, or national origin by SLO Transit may file a Title VI complaint. The procedure is described on SLO Transit’s website at
https://www.slocity.org/government/department-directory/public-works/slotransit/general-service-information/civil-rights Below is the procedure for filing a complaint:

1. Get a Complaint Form. Customer acquires a Title VI Complaint Form. The Title VI Complaint Form is available in English and Spanish on the City of San Luis Obispo’s website, or by contacting the SLO Transit office at 805-781-7012.

2. Complete the Complaint Form. SLO Transit will process complaints that are complete. If the customer needs assistance in completing the Title VI Complaint Form, customers may contact the Transit Division at 805-781-7012 for assistance.

3. Sign the Complaint Form. Customers are required to sign the Complaint Form.

4. Submit the Complaint Form. Civil rights complaints should be filed immediately. However, SLO Transit will investigate complaints up to 180 days after the alleged incident. . Customers should submit their complaints to:

City of San Luis Obispo
Department of Public Works, Transit Division
919 Palm Street
Email: [email protected]
Phone: (805) 781-7012
As an alternative, customers may also submit their complaints to:

Federal Transit Administration
Office of Civil Rights
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue SE
Washington, DC 20590

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SLO TRANSIT Title VI Program August 1, 2018

5. Acknowledgement. Complaints will be recorded and receive a complaint number. SLO Transit will review the complaint to determine if there was a Title VI violation(s). SLO Transit will send an acknowledgement letter informing the customer whether the complaint is a Title VI issue and will be investigated by SLO Transit.

Complaint
Form
English
Complaint
Form
Spanish

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SLO TRANSIT Title VI Program August 1, 2018

6. Investigation. SLO Transit has up to thirty (30) days to investigate the complaint. If more information is needed to resolve the case, SLO Transit may contact the complainant. The complainant has thirty (30) days from the date of the letter to send requested information to the investigator assigned to the case.

If SLO Transit’s investigator (from the Transit Services Manager or his/her designee) is not contacted by the complainant or does not receive the additional information within thirty (30) days, SLO Transit can administratively close the case. Also, a case can be administratively closed if the complainant no longer wishes to pursue their case.

7. Outcome. After the investigator reviews the complaint, one (1) of the following letters will be issued to the complainant: a closure letter or a letter of finding (LOF). A closure letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed.

A LOF summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member, or other action will occur. If the complainant wishes to appeal the decision, she/he has ten (10) days after the date of the closure letter or the LOF to do so.

A person may also file a complaint directly with the Federal Transit Administration, at:

Federal Transit Administration
Office of Civil Rights
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue SE
Washington, DC 20590
Sample
Acknowledgement
Form

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SLO TRANSIT Title VI Program August 1, 2018
Active Lawsuits, Complaints or Inquiries
Alleging Discrimination
SLO Transit will maintain a list of active investigations conducted by FTA and entities other than FTA, including lawsuits and complaints naming SLO Transit, that allege discrimination on the basis of race, color, or national origin. This list includes the date that the transit-related Title VI investigation, lawsuit, or complaint was filed; a summary of the allegation(s); the status of the investigation, lawsuit, or complaint; and actions taken by SLO Transit in response, or final findings related to the investigation, lawsuit, or complaint.

As of the writing of this program, there is no complaint which alleges discrimination on the grounds of race, color, national origin, or any other form of discrimination against the City of San Luis Obispo.

Active Lawsuits, Complaints or Inquiries Alleging Discrimination Type
(Investigation,
Lawsuit,
Complaint) Date
Summary of
Complaint Status
Action(s)
Taken
None NA NA NA NA

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SLO TRANSIT Title VI Program August 1, 2018
Limited English Proficient (LEP)
LEP refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.

SECTION THREE:

SLO Transit’s Public Participation Plan
Key Principals
SLO Transit’s Public Participation Plan (PPP), has been developed to ensure that no one is precluded from participating in SLO Transit’s service planning and development process. It ensures that:
- Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health;
- The public’s contribution can and will influence SLO Transit’s decision making; - The concerns of all participants involved will be considered in the decisionmaking process; and - SLO Transit will seek out and facilitate the involvement of those potentially affected.

Through an open public process, SLO Transit has developed a public participation plan, in conjunction with the City’s Public Engagement Manual, to encourage and guide public involvement efforts and enhance access to SLO Transit’s transportation decisionmaking process by minority and Limited English Proficient (LEP) populations. The public participation plan describes the overall goals, guiding principles, and outreach methods that SLO Transit uses to reach its riders.

Early, Continuous and Meaningful
The steps outlined in the public participation plan offer early (in the planning process), continuous, and meaningful opportunities for the public to be involved in the identification of social, economic, and environmental impacts of proposed transportation decisions at SLO Transit. It is a guide for how SLO Transit engages its diverse community. San Luis Obispo’s Transit’s may continue to improve its public participation methods over time based on feedback from all of its riders and community members including low-income, minority, and LEP populations as well as customer and community-based organizations.

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SLO TRANSIT Title VI Program August 1, 2018
Goals of the Public Participation Plan
The goals of SLO Transit’s PPP include:
 Clarity in Potential for Influence. The process clearly identifies and communicates where and how participants can have influence and direct impact on decision making.
 Consistent Commitment. San Luis Obispo Transit’s communicates regularly, develops trust with riders and our community, and builds community capacity to provide public input.
 Diversity. Participants represent a range of socioeconomic, ethnic, and cultural perspectives, with representative participants including residents from low income neighborhoods, ethnic communities, and residents with LEP.  Accessibility. Every reasonable effort is made to ensure that opportunities to participate are physically, geographically, temporally, linguistically, and culturally accessible.
 Relevance. Issues are framed in such a way that the significance and potential effect is understood by participants.
 Participant Satisfaction. People who take the time to participate feel it is worth the effort to join the discussion and provide feedback.  Partnerships. SLO Transit develops and maintains partnerships with communities through the methods described in its public participation plan.  Quality Input and Participation. That comments received by San Luis Obispo Transit’s are useful, relevant, and constructive, contributing to better plans, projects, strategies, and decisions.

Objectives of the Public Participation Plan
SLO Transit’s PPP is based on the following principles:
 Flexibility. The engagement process will accommodate participation in a variety of ways and be adjusted as needed.
 Inclusiveness. SLO Transit’s will proactively reach out to and engage low income, minority, and LEP populations from its service area.  Respect. All feedback will be given careful and respectful consideration.  Proactive and Timeliness. Participation methods will allow for early involvement and be ongoing.
 Clear, Focused and Understandable. Participation methods will have a clear purpose and use for the input, and will be described in language that is easy to understand.
 Honest and Transparent. Information provided will be accurate, trustworthy, and complete.
 Responsiveness. SLO Transit will respond and incorporate appropriate public comments into transportation decisions.

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SLO TRANSIT Title VI Program August 1, 2018
 Accessibility. Meetings will be held in locations which are fully accessible and welcoming to all area residents, including, but not limited to, low-income and minority members of the public and in locations relevant to the topics being presented and discussed.

SLO Transit will use its public participation plan when considering fare changes, modifications to routes and schedules, and other transit planning projects when:
 A fare increase is being considered;
 Reduction in service of 15 percent of daily revenue miles or hours or a number of indefinite service reductions in any given fiscal year that add up to more than 15 percent of daily revenue miles or hours.; or  An emergency service change is defined as a service change that is to be in effect for fewer than thirty (30) days and the service change does not meet the criteria as a major service reduction. Examples include but are not limited to those due to power failure, severe weather, major construction, reconstruction, and improvement projects.
 A public comment period shall be held at least forty-five (45) calendar days prior to implementation of a major service change or fare increase. .

Regional Partnership/Capitol Programming
For its capitol programming, SLO Tranist uses the San Luis Obispo Council of Governments (SLOCOG) adopted public participation plan dated February 2021.

This plan clearly indicates that the MPO’s public participation process satisfies the SLO Transit’s public participation requirements for its Program of Projects.

The notices for the involvement activities and time established for public review of and comments on the TIP will satisfy FTA’s program of projects requirements.

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SLO Transit’s Public Participation Process
Outreach Efforts -- Alerting Riders and Encouraging Engagement SLO Transit’s PPP includes various mediums extending beyond the traditional approach which relies on legal notices and intermittent media coverage. While SLO Transit maintains these elements to its outreach program along with bus cards in English and Spanish, Rider Alerts, SLO Transit has availed itself of the communication methods more widely used by members of our community and riders.

While there may be minor variations in the outreach process from time-to-time, the outline below provides the general steps for engaging riders in the decision making process using a fare or service change as an example.

1. Establish a task force to develop a public draft document to present to the open house meetings for discussion. The composition of the task force is the following:

Transit Manager, Transit Coordinator, Transit Assistant, and Resident Manager (Contractor). Other members may be invited to attend as appropriate. The public draft document will summarize existing conditions, the need for change(s), options, rider suggestions since previous schedule printing, and other components as necessary. The public draft document will be in English and Spanish.

2. Perform an internal review of the public draft document. This task is performed by the task force;

3. A Title VI review of the proposal is conducted;

4. Title VI issues are addressed (if any) and the service changes are finalized;

5. Public outreach venues, dates, and times are determined with consideration of the proposed changes and their impact on specific locations/populations within the SLO Transit service area;

6. Bilingual (English and Spanish) public outreach materials and a program are developed;

7. Outreach in advance of public information sessions is released (using tool-box of mediums listed below);

8. An email and/or flyer is transmitted to SLO Transit community partners;

9. Local radio stations are notified and interviews may be conducted (if available);

10.The public comment period ends;

11.As appropriate, staff prepares a summary for the City Council to review detailing the outcome of the public participation process along with staff recommendations;

12.The final service/fare change date is set;

13.Public notification and marketing are conducted in advance of any service or fare change;

14.Bilingual system timetable and website updated in advance of the proposed change.

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Toolbox: Mediums (Bi-lingual)
 Print. Newspapers and other periodicals.
 Outdoor. Advertising on-board buses, bus shelters, and at the transit center.  Website. SLO Transit includes meeting notices on its website.  Web-Based Feedback. Through the City website, SLO Transit receives feedback from the public..
 Email. SLO Transit receives emails from the public at [email protected].  Radio. SLO Transit uses widely, as appropriate.
 Bus Cards, On-board Flyers. SLO Transit regularly uses bus cards and flyers to provide riders with details of service changes and schedules of public meetings and hearings.
 On-Board Audio Messaging. SLO Transit will use its existing technology to provide on-board messaging.
 In Terminal Public Address System and Scrolling Messages. SLO Transit incorporates digital notices on new buses with video displays.  Community Partners. SLO Transit sends notices and flyers via email and/or USPS to community partners. In the event of failed deliveries, SLO Transit will research new address and attempt hand delivery.
 Public Information Sessions.
 Public Hearings.
 Legal Notices.
 Rider Alerts/Take Ones. SLO Transit regularly uses Rider Alerts for passengers to take that detail service changes and schedules of public meetings and hearings.

Selection of Meeting Locations
When determining location and schedules for public meetings, SLO Transit will:
 Determine the number of meetings to accommodate and attract public participation.
 Schedule meeting at times and locations that are convenient and accessible for minority and LEP communities;
 Employ different meeting sizes and formats including open house (town hall type) meeting formats; organizations to implement public engagement strategies that reach out specifically to members of affected minority and/or LEP communities.
 Consider radio, television, or newspaper ads as well as other formats that serve LEP populations.
 Provide opportunities for public participation through means other than written communication, such as one-on-one interviews or use of audio or video recording devices to capture oral comments.

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Examples of
Notices

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Outreach and Public Participation
SLO Transit conducted a two open house meetings on September 8, 2022 to educate the public that the City provide the same and quality service in a non-discrimattory manner and that the opportunity for full and fair participation is offered to SLO Transit riders and the community.

Attachment B includes outreach efforts for the preparation of this program update and to fulfill the requirements of this program update.

Addressing Comments
The Incorporation of Public Comments into Decisions
All comments received through the public participation plan are given careful, thoughtful consideration. Because there are a number of different ways riders or members of the community can comment on proposed service or fare changes (mail, email, social media, public meetings and others), all comments are assembled into a single document for presentation to the City Council for consideration.

Identification of Stakeholders
Our Community Partners
Stakeholders are those who are either directly or indirectly affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or who may be denied benefit of a plan’s recommendation(s), are of particular interest in the identification of specific stakeholders. Stakeholders can come from a number of groups including general citizens/residents, minority and low-income persons, public agencies, and private organizations and businesses. While stakeholders may vary based on the plan or program being considered, SLO Transit has assembled a listing of stakeholders with whom we regularly communicate through email and direct mail. A complete list of SLO Transit’s community stakeholders can be obtained by contacting SLO Transit.

Stakeholder List
Any community organization or person can be added to SLO Transit’s stakeholder list and receive regular communications regarding service changes by contacting the SLO Transit’s administrative office at (805) 781-7012. Local organizations and businesses can also request that a speaker from SLO Transit attend their regular meeting at the same number or through the SLO Transit’s website.

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SECTION FOUR:

LANGUAGE ASSISTANCE PLAN
Improving Access for People
With Limited English Proficiency
In order to ensure meaningful access to programs and activities, SLO Transit uses the information obtained in a Four Factor Analysis to determine the specific language services that are appropriate. This analysis helps SLO Transit to determine if it communicates effectively with LEP persons and informs language access planning.

The Four Factor Analysis is local assessment that considers:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by SLO Transit;

2. The frequency with which LEP persons come into contact with SLO Transit services and programs;

3. The nature and importance of SLO Transit’s services and programs in people’s lives; and

4. The resources available to SLO Transit for LEP outreach, as well as the costs associated with that outreach.

Factor 1 – Number of LEP Persons in Service
Region
The first step in determining the appropriate components of a Language Assistance Plan is understanding the proportion of LEP persons who may encounter SLO Transit’s services, their literacy skills in English and their native language, the location of their communities and neighborhoods and, more importantly, if any are underserved as a result of a language barrier.

To do this, SLO Transit evaluated the level of English literacy and to what degree people in its service area speak a language other than English and what those languages are. Data for this review is derived from the United States Census Bureau using data from 2019. Refer to Table 1 for source details. Data was reviewed for SLO Transit’s service area.

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San Luis Obispo County Overview
SLO Transit’s service system encompasses an area of twenty-two square miles in the County of San Luis Obispo, California. The primary languages in the county are English and Spanish. Of the total County population (282,517). the population for five years and older is 269,611, approximately seventeen percent (17.1%) or 14,878 residents report speaking English “less than well.” The most populous groups in the category are shown below.

Within the County of San Luis Obispo, about twelve percent (12.7%) or 34,232 of the sub-populatior speaks Spanish and of that number, four percent (4.3%) or 11,727 residents report speaking English “less than well.” Second to Spanish speaking residents are residents speaking Asian and Pacific Islander languages representing approximately two percent (2.1%) or 5,529 or, with less than one percent (0.70%) or 1,982 reporting speaking English “less than well.”
Speak English Less than Well (County)
This data reveals that at the county level, while there are numerous languages spoken at home, there is a significant Spanish speaking population which reports speaking English less than well.

Speak English
“Less than Well” Population Total
Spanish 11,727 4.30%
Other Indo-European 810 0.30%
Asian & Pacific Island 1,982 0.70%
Other 359 0.10%
San Luis Obispo (City)
The primary languages in the City are English and Spanish. The total City population is (47,402). The City population for five years and older is 45,759, approximately four percent (4.0%) or 1,852 residents report speaking English “less than well.” Table 1 Census Data Search Criteria
Table 1
Criteria Figure
Table ID DP02
Survey/Program American Community Survey
Vintage 2020
Dataset ACSDP5Y2020
Product ACS 5-Year Estimates Data Files
API URL https://api.census.gov/data/2019/acs/acs5/subject GEOs California; San Luis Obispo County, California; San Luis Obispo city, California Web Address https://api.census.gov/data/2020/acs/acs5/profile

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About eleven percent (11.0%) or 5,033 of the total population speaks Spanish and of that number, three percent (2.7%) or 1,242 residents report speaking English “less than well.” Second to Spanish speaking residents are residents speaking other languages represent approximately six percent (5.84%) or 2,766 or, with approximately one percent (1.3%) or 610 reporting speaking English “less than very well.” The table below summarizes SLO Transit’s service are:

Area Speak Spanish
Spanish Speaking
English “Less than
Well”
Speak other
Language
California 10,462,968 11.1% 14.61%
County of San Luis
Obispo 34,232 12.7% 4.21%
City of San Luis
Obispo 5,033 11.0% 5.84%
The Locations of the LEP Community
While the need to provide language services to the Spanish speaking population in the SLO Transit service area is clearly demonstrated in the tables above; it is helpful to understand where in the service area populations of limited English proficiency reside.

Several conclusions can be drawn from this review:
 Twelve percent (12.7%) of residents of the County report speaking English “less than well”;
 Of those reporting speaking English “less than well”, the largest population speaks Spanish at home.

San Luis Obispo County City San Luis Obispo

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Additionally:
 There is a need to translate documents and outreach materials into Spanish.  Additional language services would benefit other LEP populations, although the likely encounters with the service are significantly lower than the Spanish speaking group.

Factor 2 – Frequency of LEP Use
There are a large number of places where SLO Transit riders and members of the LEP population can come into contact with the City’s bus service including the use of fixed route buses, calls to customer service representatives, and outreach materials. An important part of the development of SLO Transit’s Language Access Plan is the assessment of major points of contact, including:
 The use of the bus service (on-board signage, announcements, and driver language skills);
 Communication with SLO Transit’s customer service staff;  Bus pass sales;
 Printed outreach materials;
 Web-based outreach materials;
 Public meetings;
 Local news media (print and radio);
 Automatic, service related audio announcements on-board buses; and  Service related posters at SLO Transit’s Downtown Transit Center.

To better understand the frequency with which LEP riders come into contact with SLO Transit services, SLO Transit conducted internal surveys of customer service staff, administrative staff, and both fixed route drivers. The survey tool was aimed at determining what language skills already exist among SLO Transit employees and the number and nature of encounters with riders or other community members where language has been a barrier.

The Transit Division distributed a language survey to division employees and to it’s purchased transportation contractor (First Transit). The objective of the survey was to evaluate the needs of SLO Transit customers who are not able to communicate in English.

The first question asked employees was if they could communicate in a language other than English, and if so, what language or languages.

Although varying degrees of fluency were indicated, 6 of the 32 respondents could speak one or more languages other than English.

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 6 speak Spanish with one respondent speaking Spanish and other language.

Next, the survey asked if, in the previous year, employees had encountered customers who were unable to communicate in English and how often they heard or did not hear one of ten languages.

LEP Customer Encounters
Not at
All Rarely Occasionally Sometimes
Very
Often Frequently
Spanish 9 6 7 8 1 1
French 31 1
Italian 31 1
Portuguese 32
German 30 1 1
Greek 32
Persian 32
Hindi 30 1 1
Chinese 29 2 1
Japanese 31 1
Any Other
Language 32
The next survey question asked what type of needs or requests for assistance had employees received from LEP customers. Those responses included:

Reason Responses Percentage
Help with route information 24 31
Help with directions 19 24
Help with bus schedule
times
18 23
Help with translation 3 4
Help with ADA information 5 6
No response 9 12
The information obtained through this survey indicates a moderate number of SLO Transit staff members responding to the survey (19%) speak one or more languages other than English, many speaking Spanish. Additionally, riders speaking Spanish are among the most frequently encountered LEP populations.

Community Partners
As part of this assessment, SLO Transit also canvassed its community partners to assess the extent to which they come into contact with LEP populations. SLO Transit asked the partner agencies to estimate the percent of clients they interact with who would have limited English proficiency using the following questionnaire:

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1. Do you encounter non-English speaking/reading people who need your services?
o Of the five respondents, four (4) (80%) noted that they did encounter clients with limited English proficiency.

2. If so, what are the top three (3) languages that you encounter? o The four (4) respondents noted the following languages; Spanish, German, and French.

3. How do you address language barriers?
o Respondents have bi-lingual staff to address language barriers.

4. Do you find language to be a barrier in preventing you from providing service?
o All respondents indicated that language was not a barrier from providing their services.

Community Partners
 Chamber of Commerce
 SLO Coastal Unified
 Cal Poly
 Ride-On Transportation
 Pathpoint
 Ride-On Transportation

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Consulting Directly with the LEP Population
In addition to the census data, internal survey of employees and outreach to community partners, SLO Transit conducted a survey on August 11-14. 2022 to its riders. Below are the questions and responses to the surveys.

1. Languages spoken at home?
Language Reponses Percent
Spanish & English 8 20
Spanish Only 4 10
English Only 29 71
Other Language 0 0

2. Is language a barrier to accessing SLO Transit services? Reponses Percent
Yes 0 0
No 41 100

3. Is language a barrier to accessing SLO Transit outreach materials? Reponses Percent
Yes 0 0
No 41 100

4. Is language a barrier to access SLO Transit customer service? Reponses Percent
Yes 1 2
No 39 95
No Response 1 2

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5. Reasons for using bus service?
Language Reponses Percent
Save Gas & Money 1 2
Only Transportation or
No Car 17 41
School 10 24
Work 2 5
Doctor Appointments 0 0
Do Not Know How to Drive 3 7
Leisure 2 5
Other 6 15
Riders surveys were supplied at the Downtown Transit
Centerand on-board the buses.

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Factor 3: The Importance of SLO Transit
Service to People’s Lives
Access to the service provided by SLO Transit is critical to the lives of many in SLO Transit’s service area. Many depend on SLO Transit’s fixed route services for access to jobs and for access to essential community services like schools, shopping, and medical appointments. Because of the essential nature of the services and the importance of these programs in the lives of many of the region’s residents, there is a need to ensure that language is not a barrier to access.

Per the US Census (Table: 2020 ACS 5-Year Data Profiles (DP03)), the data indicates that 523 respondents (2.1%) use public transportation for their commuteBased on the current Short Range Transit Plan (2016), riders were asked: “For what purpose do you use the bus?” Forty-seven percent (47%) of the riders responding reported that they use the bus more than several times a week with purposes ranging from fifteen percent (15%) for work, six percent (6%) for shopping, and sixty-four percent (64%) for school – all essential trip purposes.

Based on the survey from the bus riders limited English is not a barrier to using these services. Critical information from SLO Transit which can affect access includes:
 Route and schedule information
 Fare and payment information
 Information regarding making the best use of the system (How To)  Service announcements
 Safety and security announcements
 Complaint and comment forms
 Outreach related to opportunity for public comments
 Information about demand response services under the ADA and other special programs
 What to do in an emergency (where to look for service change announcements)  Access to customer service

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Example: SLO Transit Interior Signage

SLO TRANSIT
We want your ride with us to be safe,
clean, on-time and friendly.

Queremos que viaje con nosotros en un
ambiente seguro, limpio y agradable, y
llegue punctual a su destino
Factor 4: Resources and Costs for LEP Outreach
SLO Transit has committed resources to improving access to its services and programs for LEP persons. Today, bilingual information (English/Spanish) is distributed in an extensive number of mediums including:
 A bilingual English/Spanish website
 A complete bilingual English/Spanish system timetable  A complete bilingual English/Spanish Rider’s Guide to demand response services (ADA paratransit)
 Bilingual English/Spanish outreach materials (bus cards and rider alerts)  Bilingual English/Spanish representation at public meetings  Bilingual English/Spanish customer service representatives  Bilingual English/Spanish on-board signage
To date, the costs associated with these efforts fit within the SLO Transit’s marketing and outreach budget.

Costs are predominantly associated with translation services and material production.

If we are not meeting your expectations you
can tell us by calling (805) 781-7012
Si no estamos cumpliendo con sus
expectativas usted puede llamarnos al (805)
781-7012.

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SECTION FIVE:

Findings and Outcomes
Findings from Surveys
From the Employee Survey, the findings are:
 There are employees who are bilingual in Spanish.
 Spanish is the more most frequent non-English language employees’ encounter.  Route information, directions, and bus schedule times are the highest request from customers.

From the Community Partner Survey, the findings are:
 All community partners encounter clients who are non-English speaking or cannot read the English language.
 Spanish is the most prevalent non-English speaking language.  Having bilingual staff is the most prevalent strategy.  Language is not a barrier to providing services.

From the Bus Rider Survey, the findings are:
 Ten percent speak only speak Spanish.
 Twenty percent speak Spanish and English.
 Language is not a barrier to riding SLO Transit, customer service, and outreach materials.
 Primary reason for riding the bus is to attend school and no other transportation option.

New tools and alerting riders of language assistance
Following the “Four Factor Analysis”, SLO Transit concluded that, while there is currently extensive outreach and materials for the Spanish speaking LEP population of the service area and language is not currently a barrier to accessing the City buses services, no new tools have been identified to provide language assistance at this time.

As the City implements new technology to bus riders (i.e. real time schedule information, alerts), the City will ensure that language is not a barrier to benefit from these improvements.

Additional recommendations learned from the internal staff survey include:

1. Explore strategies to reduce barriers. This can be included in the next shortrange transit plan.

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SLO Transit is either evaluating strategies l or has implemented new strategies.

Oversight
Monitoring, Evaluating, and Updating the Language Assistance Plan and Public Participation Process.

SLO Transit’s Transit Assistant is responsible for public engagement and outreach.

Their responsibilities includeimproving community engagement to ensure compliance with SLO Transit’s Title VI Plan, Public Participation Program, Language Assistance Plan, and other community outreach efforts. The monitoring of the Language Assistance Plan will include:
 Annual reviews of regional census data for changing patterns of LEP populations;
 Ongoing collaboration with regional partners;
 Ongoing review of translation requests at SLO Transit’s website and other material; and
 Post Event Assessments (PEA).

Post-Event Assessments
Following service changes, fare increases and planning projects, the Transit Assistant will assess the effectiveness of public involvement against the goals established in this plan. This assessment will ask the questions:

1. Did the public know there was an opportunity to participate?

2. Was the purpose of the participation clearly articulated to the public?

3. Did the public have access to appropriate resources and information to allow for meaningful participation?

4. Did the decision making process allow for consideration and incorporation of public input?

5. Were there complaints about the public engagement process?

6. Were the public engagement efforts cost effective?

7. What additional methods could have been employed to improve the process?

8. Should the Public Participation Process or Language Assistance Plan be amended?
Training Employees
The purchased transportation contractor retains the existing staff from the incumbent transit contractor if a new contractor is awarded a new contract. Currently, office staff are significally bilingual. Dispatch and customer service are bilingual or they will have

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bilingual staff readily available. The purchased transportation contractor utilizes translation applications (i.e. Google Translate) to assist in communation with customers who have limited English proficiency as needed.

Drivers have basic knowledge of common words and phrases used by the Spanish speaking community when riding the bus. Drivers have “Language Card” that consists of basic Spanish words and phrases that drivers may encounter. If needed, drivers can contact dispatch for translation assistance.

Translation of Vital Documents
SLO Transit has translated many vital documents into Spanish and is in the process of translating others.

Document Translation Status
Civil Rights Complaint Form Done
Service change announcements Done, On-Going
On-board notices Done, On-Going
Notification of free language services
SLO Transit currently will orally assist
Spanish speaking riders on transit
documents
Printed Media Done
Service Complaint Forms Done

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SECTION SIX:

Decision Making Bodies
City Council (Elected Members)
Decisions regarding policy, service changes, fares, capital programming, and facility locations are made by City Council. The City Council is composed of four (4) elected City Council members, and one (1) elected Mayor.

The City encourages all residents, minorities, women, and, persons with disabilities who live in the City of San Luis Obispo to serve on committees and boards.

Mass Transportation (Non-Elected Members)
The Mass Transportation Committee (MTC) consists of residents that are appointed by the City Council. The MTC meets quarter. Staff provides operational updates, presents service and fare changes.

Body Caucasian Latino
African
American
Asian
American
Native
American
Refused
to
Specify
City Council 3 1 1
Mass
Transportation
Committee
3 2 0 1 0 1

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SECTION SEVEN:

Service Standards and Policies
SLO Transit has developed a set of quantifiable service standards and policies. These service standards were updated in 2022 through a public participation process, approved by SLO Transit City Council and with the input of SLO Transit’s Mass Transportation Committee.

These service standards and policies include:
 Vehicle Load
 Headways (Frequencies)
 On-time Performance (Schedule Adherence)
 Service Availability
 Vehicle Assignment Policy
 Transit Amenity Policy
SLO Transit advertised and held a public information session to receive comments on the proposed standards. During the session, SLO Transit staff presented and overview of the components of SLO Transit public participation process as well as the various policies and standards. A copy of the presentation is available by contacting SLO Transit.

The City encourages all residents, minorities, women, and, persons with disabilities to participate in the service design stage for the City’s public transportation services. The City relies on early, continuous, and meaningful input from the community when changing and designing new service. This requires outreach to the community to insure that staff can receive input, review and analyze input, and schedule follow-up meetings to share the revised service design to the community. Outreach meetings are scheduled at staggered times to accommodate various schedules. Notification of the workshops include Spanish speaking newspapers, local papers, bus cards in buses, and public service announcements. The information is presented in English and Spanish. A Spanish translator is also in attendance. Based on this approach, service design is not discriminatory.

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Example: Public Meeting Announcements

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Vehicle Load
Vehicle load is expressed as the ratio of passengers to the total number of seats on a vehicle.

Vehicle Type
Seated
Capacity
Standing
Capacity
Total
Capacity Preferred
Average
Load
Maximum
Load
Gillig 40’ 41 42 83 1 0.65 1.00
Gillig BRT40’ 41 42 83 1 0.65 1.00
Gillig 35’ 36 45 82 1 .25 1.00
Dennis40’ DD 86 50 136 1 0.44 1.00
El Dorado 35’ 19 19 15 1 0.38 1.00
Vehicle Headway (Frequency)
Vehicle headway is the amount of time between two (2) buses traveling in the same direction on a given route. SLO Transit buses are scheduled with a variety of frequencies based generally on demand. SLO Transit’s routes are scheduled in 45 and 60 minute headways with routes operating in counter directions. This design allows riders to reduce their travel time to their destinations.

Policy Headways and Periods of Operation
Service Weekday Weekday
Evening
Saturday Saturday
Off Peak
Sunday
Peak
Sunday
Off Peak
Route
Level
45-60 45-60 45-60 45-60 45-60 45-60
On-Time Performance
Among the most important service standard for riders is on-time performance or adherence to published schedules.
 A vehicle is considered on-time if it departs a scheduled time point no more than two minutes early and no more than five (5) minutes late.  SLO Transit ’s on-time performance objective is 95% or greater.

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Service Availability – Access to the Bus
SLO Transit currently provides transit service so that ninety-five (95%) of all residents of the City of Sa Luis Obispo are within a quarter of a mile (1/4 mile) walk of bus service.

Consideration is given to new markets as demand warrants and as resources become available.

Vehicle Assignment Policy
The length of buses are assigned to routes based on ridership. Routes with higher ridership demand are assigned larger buses to accommodate higher passenger loads.

Also, routes with lower ridership are assigned with smaller vehicles.

Transit Amenity Maintenance
SLO Transit’s has over 237 stops in the service area – many located and installed more than 30 years ago. Stops, shelters, and benches will be placed according to industry standards with consideration of permitting and for local special needs.

The installation of new bus amenities can be requested through the customer service office, through the City’s website, or at public meetings.

When the annual cost of repairs to any amenity (beyond the cost of normal cleaning) is greater than the cost of the structure, SLO Transit reserves the right to permanently remove the amenity.

Monitoring Service Standards
For the on-going monitoring and measurement of service standards and policies, SLO Transit uses the following schedule and methods:

Service Standard/Policy Sample Schedule Methodology
Vehicle Load All Routes Bi-Annually On-Board Surveys on Fixed Route Buses
Vehicle Headways Assessed Annually as Part
of Service Planning
Service Review
On-Time Performance Assessed Monthly Ride Checks
Service Accessibility Assessed Annually as Part
of Service Planning
Service Review
Vehicle Assignment Policy Assessed Annually Service Review

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37 SLO TRANSIT Title VI Program August 1, 2018
Summary of Changes
Service Changes Since 2016 Prior Title VI Plan
Since SLO Transit previous Title VI Plan Submission there have been no changes to SLO Transit’s fare structure and service. SLO Transit has less than fifty fixed route buses is not subject to the fare equity analysis (FTA Circular 4702.1B). SLO Transit transit has been providing limited service due to the global COVI-19 pandemic and is working towards restoring service to pre-pandemic levels. SLO Transit will be preparing a joint Short Range Transit with San Luis Obispo Regional Transit Authority (SLORTA) in CY 2023.

Construction Equity Analysis
SLO Transit has not constructed a facility since the previous Title VI Update. There has been no construction . When SLO Transit considers and/or plans to construct a new maintenance facility, transit hub, or operation center, the City will include a copy of the Environmental Justice Analysis conducted during the planning stage with regard to the location of the facility. The following principles will be applied in the analysis.

1. To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations;

2. To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process; and

3. To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations.

SLO Transit will follow federal guidance provided in FTA Circular 4703.1 (August 2012).

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SECTION EIGHT:

Program Specific Requirements
Title VI Monitoring
The City developed monitoring procedures to insure that the City’s subrecipients’ comply to the Federal Transit Administration’s requirements for receipt of federal funds.

These monitoring procedures include Title VI requirements.

Subrecipient Compliance
SLO Transit does not have subrecipients nor have subrecipient oversight responsibilities.

Equity Analysis for Facility
During the past three (3) years, SLO Transit has not constructed a vehicle storage, operations, or center of maintenance facility.

Demographic Service Profile
Because SLO Transit operates fewer than 50 buses in peak service, a demographic service profile was not prepared for this plan update.

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39 SLO TRANSIT Title VI Program August 1, 2018
SECTION NINE:

Grants, Reviews and Certifications
Pending Applications for Financial Assistance
SLO Transit has no pending applications for financial assistance from any federal agency other than the FTA.

Pending FTA Grants
The following grants are pending (as of 8/10/2022) and under US Department of Labor certification review:

CA-2022-162
CA-2022-163
Open FTA Grants
CA-2021-056-00 Electric Vehicle Infrastructure
CA-2021-172-00 Bus Replacement
Civil Rights Compliance Reviews in the Past Three (3) Years SLO Transit has not been the subject of any such reviews.

Recent Annual Certifications and Assurances
SLO Transit executed its most recent Certification and Assurances to the FTA for 2022.

The City is current.

Previous Triennial Review Findings
SLO Transit’s Triennial Review resulted in one finding with respect to its Title IV Plan/activities. SLO Transit did not upload their Title VI Program in TrAMS. SLO Transit corrected this finding on January 24, 2020 by uploading the document in TrAMS.

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40 SLO TRANSIT Title VI Program August 1, 2018
SECTION TEN:

Contact
For additional information on the San Luis Obispo Transit’s, or its efforts to comply with the Civil Rights Act of 1964 or Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency, please contact:

Austin O’Dell, Interim Transit Manager
City of San Luis Obispo (d.b.a. SLO Transit)
919 Palm Street
San Luis Obispo, CA 93401
Tel: (805) 781-7121
E-Mail: [email protected]

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SECTION ELEVEN:

Resolution

REPLACE WITH CURRENT

RESOLUTION AFTER CITY

COUNCIL APPROVAL

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SECTION TWELVE:

Attachments
A. Major Service Change and Fare Increase Policy
B.Outreach Presentation
C.City of San Luis Obispo Public Engagement Manual
D.Potential Meeting Locations

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ATTACHMENT A:

Major Service Reduction & Fare
Increase Policy
[See following pages]

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44 SLO TRANSIT Title VI Program August 1, 2018
City of San Luis Obispo Transit – SLO
Transit
Service Reduction
&
Fare Increase Policy
I. Purpose
49 USC Chapter 53, Section 5307(d)(1)(I) provides that urban grant recipient shall have:
“a locally developed process to solicit and consider
public comment before raising a fare or carrying out a
major reduction of transportation.”
The City of San Luis Obispo’s fixed-route SLO Transit system is a recipient of Federal Transit funding and therefore must establish an acceptable public meeting procedure with respect to fare increase and major service reductions as required by Federal law.

II. Definitions
a. Major Service Reduction:
i. An indefinite reduction of more than 15 percent of daily revenue miles or hours; or
ii. A number of indefinite service reductions in any given fiscal year that add up to more than 15 percent of daily revenue miles or hours. b. Fare Increase:
i. Any increase to a fare price per unit of service.
c. Emergency Service Change:
i. Service change that is to be in effect for fewer than thirty (30) days; and ii. Service change does not meet the criteria of Section II.A.

Examples of emergency service changes include, but are not limited to; those due to power failure, severe weather, major construction, reconstruction, and improvement projects.

III. Procedure

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45 SLO TRANSIT Title VI Program August 1, 2018
a. If a Major Service Reduction or Fare Increase is determined to be necessary by SLO Transit staff, a recommendation and supporting materials will be submitted to the City of San Luis Obispo City Council (Council) for consideration. b. If the Council determines that a Major Service Reduction or Fare Increase may be necessary based on staff’s recommendation and supporting documentation, staff will schedule and advertise a no less than two public meetings to be conducted in accordance with City’s most recently adopted Public Engagement Manual. One said meeting will be held during typical work day hours (before 5 p.m.) and the other after work day hours (after 5 p.m.). At a minimum, public notices for public meetings will be posted at or electronically sent to the following locations, in both English and Spanish:
i. City Hall (990 Palm St.)
ii. Transit Center
iii. On board fixed-route vehicles
iv. County/City Public Library
v. Local Access TV Channel 21
vi. SLO Transit website with email link for comments
vii. City of San Luis Obispo website with email link for comments viii. Social Media (e.g. Facebook)
ix. Paid and legal notices in local print periodicals
x. Press Releases to local media outlets
c. A public meeting on the Major Service Reduction or Fare Increase will be held in a convenient, accessible and diverse location.
i. The location selected will be along bus routes whenever possible; ii. The public meeting will be held under the supervision of SLO Transit Manager;
iii. The public comments will be recorded and filed; and iv. The public meeting may be held at a regular Mass Transit Advisory Committee meeting.
v. Spanish speaking assistance availability
d. After the public meeting is closed, staff will give a recommendation for consideration by the Council
e. If Council adopts a plan for a Major Service Reduction or Fare Increase, the SLO Transit Manager shall be authorized and directed to implement the action according to the approved transit schedule. The schedule shall provide a minimum of 45 (calendar) days public notice of the service or fare changes prior to their implementation.

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46 SLO TRANSIT Title VI Program August 1, 2018
IV. Exemptions
The following criteria establish certain instances which are exempt from the requirement to solicit public comment:
a. Standard seasonal variations;
b. Special Events (e.g. marathon, triathlon, etc.)
c. Changes imposed and under the control of private organizations (e.g. CalPoly) d. An Emergency Service Change;
e. Experimental service changes for a period of 180 days or less, unless the changes extend beyond 180 days and meet the criteria of a Major Service Reduction as defined in Section II.A;
f. Any fare, ticket or pass rate changes that do not result in increased fares per unit of service;
g. Increases in service; or
h. Decreases in fares.

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47 SLO TRANSIT Title VI Program August 1, 2018
ATTACHMENT B:

Supplemental: Title VI Outreach
Presentation
[See following pages]

INSERT OUTREACH

PRESENTATION, SIGNING, AND

COMMENTS AFTER OUTREACH

MEETINGS

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48 SLO TRANSIT Title VI Program August 1, 2018

AGENDA

SLO TRANSIT

TITLE VI PROGRAM UPDATE

OUTREACH
City/County Library, Community Room
995 Palm Street, San Luis Obispo, CA 93401
September 8, 2022
Select one
1:45 PM
5:45 PM
Please Sign-In

1. Introductions

2. Review VI Program

3. Complaint Procedures

4. Public Participation Plan

5. Limit English Proficiency Population

6. Service Standards

7. Questions & Answers

8. Adjourn

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49 SLO TRANSIT Title VI Program August 1, 2018

PUBLIC COMMENT FORM

FOR SLO TRANSIT

TITLE VI PROGRAM UPDATE OUTREACH
City/County Library, Community Room
995 Palm Street, San Luis Obispo, CA 93401
September 8, 2022
Select one
1:45 PM
5:45 PM

GENERAL
Name:
______________________________________________________________________ Address:_______________________________________________________________ Home Phone:________________ Office:__________________ Extension: ________

COMMENTS
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ________________________________________________________________

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70 SLO TRANSIT Title VI Program August 1, 2018
ATTACHMENT C:

Public Engagement Manual
[See following pages]

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71 SLO TRANSIT Title VI Program August 1, 2018
NOVEMBER2015

2.1 PUBLIC ENGAGEMENT AND

NOTICING MANUAL

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1 1

TABLE OF CONTENTS
INTRODUCTION ..........................................................2 HOW TO USE THE TOOLKIT .........................................4 TOOLKIT......................................................................5 Action Plan Matrix..................................................................5 Outreach Tools......................................................................6 Audience ....................................................................................7 Media Contacts List ......................................................... 9 COMMUNITY EVENT........................................................11 Workshop .................................................................................... 11 Neighborhood Meetings......................................................12 Open House..........................................................................13 Open City Hall..........................................................................14 GLOSSARY.................................................................15 TEMPLATES.................................................................... 19 E-Notification................................................................. 20 Fact Sheet................................................................................21 Flyer.................................................................................. 22 Paid Ad ............................................................................. 23 Postcard............................................................................ 24 Signage........................................................................25 Survey ........................................................................... 26 VENUES..................................................................27

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INTRODUCTION
Communities work best when residents, organizations and institutions are engaged and working together for the good of all. San Luis Obispo is no exception. The people who live, work and play here take enormous pride in this city and care deeply about keeping it healthy and vibrant. Our city wants to accommodate different perspectives and encourage more residents to be informed and involved in shaping decisions.

The pages that follow describe simple steps to take for broadening public outreach. We outline programs that encourage active and diverse citizen participation. We call it a toolkit; tools to be used for building community participation and adding new voices to the mix.

Note that marketing of city services is generally managed department by department. Parks and Recreation enrolls residents in classes; Utilities Conservation educates on water conservation and SLO Fire Department follows up EMS calls with satisfaction surveys.

While there are elements of marketing in all communication outreach, we’re talking about something different here: improving communication efforts so people get involved in decisions on topics that affect them. Assuring residents know what’s going on and getting them involved in the process will help generate consensus decisions.

Use this guide to better understand the target audience, type of outreach and timing needed for various city issues and actions. Keep in mind this is a broad stroke approach that is intended to guide thinking, not define it. With 11 city departments and thousands of touch points every day, one size will definitely not fit all.

THE CHALLENGE
It’s not easy to determine the communication/outreach plan needed for individual projects, services and other items that make their way through the City decision-making process.

Who needs to know? How do we tell them? That’s where this toolkit comes in.

AT THE STARTING LINE
Begin by asking seven questions about your item. The following questions also accompany the project plan template.

1. What is the action/program/project you need to communicate?

2. Who makes the final decision on the item, is this a staff decision? Subject to advisory body review? Will City Council ultimately receive the item for action?

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3 3

3. What type of community interaction is desired?
• You may need to inform residents about a decision already made; a city action that needs to be understood (i.e., change in bus routes; increase in parking meter fees) • You may need to consult the community or special interest group members over proposed changes / new initiatives (i.e., options for new playground equipment; proposed ordinance regarding mandatory water conservation). • You may need to collaborate with the community to develop ideas /plans /programs on large scale future items (land use and circulation element, city budget)

4. Who needs to/wants to be informed?
This question is critically important and calls for some consideration. The focus of engagement is to involve the community. In San Luis Obispo, that community has many faces: residents at large (along with individual neighborhoods); interest groups ranging from cycling enthusiasts to business; arts to education; seniors, children and so on.

There is a large government sector in SLO that may need to be included. The point is that it is imperative to try to outreach to anyone who may be connected to the item, and specifically to find the key people affected by a decision (i.e., a change in the hours at the pool may not be a large scale issue, but is of keen interest to swimmers). Determining the outreach targets calls for thought, some digging and your own good judgment.

5. When does the outreach need to happen?
The City’s review process can have many steps and take time to unfold. Some steps are defined by municipal code; others call for personal discretion. Give citizens adequate time to be informed, educated and involved. No one likes to be caught unprepared and on short notice.

Start early and keep in touch.

6. What needs to be done?
This guide outlines a series of recommended plans to use as reference for best practices on communicating your item.

7. What does success look like?
Whether you’d like to see more people attend your community outreach event, to increase diversity of feedback, to introduce new ideas, or keep in touch with residents & stakeholders, setting a goal for your community engagement efforts will provide a benchmark for future efforts. Keep note of what worked, what didn’t, and any valuable feedback from the public. Consider issuing a survey to assess public satisfaction with outreach efforts following community outreach events or neighborhood meetings.

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HOWTOUSETHETOOLKIT
The toolkit is organized into three sections. Follow the three steps below to develop your engagement plan.

1. Action Plan Matrix
Use this section to identify the level of complexity and communication objective of your item.

Once you’ve identified your communication objective, review the corresponding Outreach Tools.

2. Outreach Tools
This section notes various elements that can be of use to you in communicating with the public (city website posting, e-notification, Open City Hall, community meetings, etc.) Each element is described in the glossary, and hyperlinked tools have corresponding templates, checklists and instruction on best practices for outreach events.

3. Audience
Move to page 8 to determine your target audience(s). How significantly will this item affect people, and with that in mind, who should be notified and possibly involved? Consider if your item affects the entire city, or use the lists provided to review specific neighborhoods and/or certain special interest groups that may be affected. Determine whether media should be notified.

The toolkit only works when you add your judgment to the process. Nothing is simply black and white when it comes to outreach and engagement. It’s all about communication. Communicate with your colleagues; communicate with stakeholders (they can often be the best help) and work from a plan that may need adjusting as time goes on.

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ACTION PLAN MATRIX
Follow the steps below to find your outreach tool plan.

Yes Maybe NotRequired

COMMUNICATION OBJECTIVE
•
INFORM
One way communication –
outreach to citizens.

Provide public with
balanced and objective
project/issue information to
increase awareness and/or
understanding of problems,
alternatives and solutions.
•
•

CONSULT
Get ideas on finite number
of options / limited time
discussion.

Take public feedback on
project or other issue
proposal.
•
•
•
•

COLLABORATE
Interactive process
thatincorporates
recommendations as much
as possible.

Partner with the public to
develop alternatives and
identify preferred solutions.

May be open ended.
1 STAFF LEVEL
Normal procedures,
existing program,
services delivery
2 DEPARTMENT HEADS,

CITY MANAGER
New program, expansion
of existing program
3 ADVISORY BODIES
(i.e., land use issues,
development projects)
4 CITY COUNCIL
New laws, major plans,
significant issues (i.e.
droughtstrategy)
1 Cross tab the level of complexity with communication objective

2. 1

DECISIONMA
KING: LEVEL OF

COMPLEXITY

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6 6

OUTREACH TOOLS
Refer to glossary for tools descriptions
*Bold indicates detailed descriptions available on page 11.

COLLABORATE

EXPECTATION ADDITONAL
All of the “Inform” and “Consult” expectations listed above Open City Hall (web based)
Community Outreach Event (workshop, open house,
neighborhood meeting, etc.)
Utilities billing insert – survey
Mailed survey
Telephonesurvey
Study session
Focus group
Special events with opportunities for interaction
Awareness walk
Committee formation

CONSULT

EXPECTATION ADDITIONAL
All of the “Inform” expectations listed above
Hearing (if legally required)
Social media (if applicable and available)
Utilities billing insert – survey
Mailed survey
Telephonesurvey
Study session
Focus group
Special events with opportunities for interaction
Awareness walk
Open City Hall (web based)
Neighborhood meetings
INFORM

EXPECTATION
Official notice (if legally required)
• Legal ad in newspaper
• Postcards to neighboring owners/tenants
• On-site signage
E-notification (including affected neighbors)
Website posting
Applicable advisory bodies
Keycontacts, liaisons

ADDITIONAL
Social media (if applicable and available)
Utilities billing insert – flyer
Community Calendar
Signage
Paid media (newspaper, radio, TV, social media,
digital, outdoor/transit)
Informational materials (should also be available
digitally on website, e.g. flyer, fact sheet, PowerPoint, postcard, door hanger, banner, poster)
City website posting
Awareness Walk
Press release/Media notification
Neighborhood meetings

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AUDIENCE
One of the most important aspects of community engagement is thinking through the “who.” Who will be interested in/affected by the topic under consideration? Who are the stakeholders? Begin by understanding the range of interest groups and organizations that care about San Luis Obispo. There are literally hundreds in the city alone. The category list that follows is provided to get you thinking. It does not include every potential outreach contact, but it is a framework for thinking about it.

The City maintains many different interest databases and the 2015-launched City of SLO website offers an ideal way for citizens to add themselves to lists of people interested in being notified about different matters. Examples of lists include:
• Airport area
• Bicycle
• Council notes
• Economic development
• General plan updates
• Housing
• MeasureG
• Neighborhoodwellness
• Planning and building
• Skate park
• Stormwater
• Utility billing
• Water
• Youth services
• Water conservation
• Aquatics
• Climate action plan
• Downtown
• Emergency preparedness
• Historic preservation
• Hot topics
• Housing element
• Natural resources
• Parking
• Public projects
• Special events
• Sports
• Transit
• Waste water
And remember; the contacts themselves can be a great resource for determining who else should be asked.

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ORGANIZATIONS/INTEREST AREAS TO CONSIDER
The following are samples only and lists are not all-inclusive.

ARTS/CULTUREORGANIZATIONS.ArtsObispo, FoundationforthePerformingArts Center, Little Theatre, SLO Symphony, dance groups, art museum BUSINESS / COMMERCE ORGANIZATIONS. SLO Chamber of Commerce, SLO County Economic Vitality Corporation, SLO Downtown Association, Farmers Market Association, real estate associations, merchant groups, tourism interests, Developers Roundtable, local American Institute of Architects chapter CHILDREN. Children’s Museum, parent-child groups, PTA’s EDUCATION. San Luis Coastal Unified School District, Cal Poly,Cuesta College, private schools
ENVIRONMENTAL. EcoSLO, Sierra Club, The Land Conservancy

ETHNICORGANIZATIONS,CHURCHGROUPS
GOVERNMENT. City advisory bodies, Mayor’s Roundtable

PROPERTY OWNERS
MEDIA. Key contacts list follows.

RESIDENT/NEIGHBORHOODGROUPS.Neighborhoodwellnessgroups/other city- identified neighborhood areas, Old Town Neighborhood Association, Slack Street Neighborhood, Los Verdes Park, mobile home parks, Homeowners Associations (owners&renters), ResidentsforQualitiy Neighborhoods, SaveourDowntown,Alta Vista,Neighborhoods NorthofFoothill.

SPORTS/OUTDOOR ENTHUSIASTS.Runners, hikers, cyclists,skateboarders,swimmers, recreational sports teams, tennis players, youth sports groups including American Youth Soccer Organization, Cal Ripken Baseball, SLO Girls Softball Association SENIORS. Senior Center, Retired Active Mens Group
SERVICECLUBS. Rotary,Rotaract, Kiwanis
SOCIAL SERVICE PROVIDERS. CAP SLO, health and human service organizations STUDENTS. Student Community Liason Committee
TRANSPORTATION.SLOBikeCoalition,busriders,Ride-On,Rideshare MISCELLANEOUS.Library users,SLOHistoryCenter,YoungProfessionals Networking Group

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MEDIA KEY CONTACTS LIST
The following contacts list is general and may change over time, so be sure to keep your own records up to date.

PRINT/ONLINE
Tribune
General inquiries, [email protected]
Calendar items, [email protected]
General phone, (805) 781-7800
New Times
Camillia Lanham, Editor, [email protected]
Calendar items, [email protected]
General phone, (805) 546-8208
MustangDaily
News, [email protected]
General, [email protected]
Advertising, [email protected]
General phone, (805) 756-1796
Journal Plus
General inquiries,[email protected]
General phone, (805) 546-0609
SLO Life Magazine
General inquiries, [email protected]
General phone, (805) 543-8600
SLO City News (Tolosa Press)
General inquiries/publisher, Bret Colhouer, [email protected] General phone, (805) 543-6397

TELEVISION
KSBY – NBC
Assignment desk, [email protected]
Newsroom phone, 597-8400 x6

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KCOY (CBS) /KKFX (FOX) / KEYT (ABC) – Newschannel 3
Santa Barbara newsroom
[email protected]
(805) 882-3930
Santa Maria newsroom
[email protected]
(805) 928-4748
RADIO
KVEC 920 AM
Studio line, (805) 543-8830
Business line, (805) 545-0101
KCBX 90.1 FM
General phone, (805) 549-8855
Newsroom, [email protected]
Community Calendar, [email protected]
American General Media
General phone, (805) 781-2750
KZOZ 93.3 FM (American General Media or AGM)
General phone, (805) 543-3693
KKJG 98.1 FM (AGM)
General phone, (805) 543-3693
KIQO 104.5 FM (AGM)
General phone, (805) 783-1045
KKAL 92.5 FM (AGM)
No phone number, use AGM general line (805) 781-2750

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BEST PRACTICES FOR COMMUNITY OUTREACH EVENTS
The following community outreach events are meant to expand involvement opportunities for community members by giving them a chance to speak directly to an issue or have direct involvement in the decision-making process. Workshops, open houses, road shows and open city hall should encourage participation, and every effort should be made to make the public feel welcome and heard.
• All community events should be preceded by outreach noted in the “Inform” section of your matrix. A well attended event is key.
• Incorporating outreach tools from the “Additional” column of your matrix will attract a larger audience which results in diverse representation and feedback. • Advertising these community events well ahead of their date with ongoing reminders is essential.
• Plan for enough space to accommodate the audience. Page 27 includes a list of possible meeting space venues.
• Choose an effective facilitator to lead the gathering. Facilitators are there to shepherd the conversation rather than provide input or influence opinion. He/she should be neutral in the discussion.
• If a resident wants to provide input or feedback outside of the particular outreach event, make key project contact information available and/or offer a meeting with staff.

WORKSHOP
Workshops allow the public to hear a presentation on a particular item from city staff and/or consultants, then work in smaller groups to develop ideas and alternatives that directly affect the planning process. Following small group discussion, the groups reconvene to share their ideas with the larger group, and workshop outcomes are then passed on to decision-makers. Workshops should include an even balance of staff presentation and group discussion.

When do I have a workshop?
Workshops are an effective tool for collaboration and should take place early in the planning process so feedback can be incorporated down the line. In order to keep group discussion focused, workshops should not take place until a project has a determined set of options and/or ideas to explore.

What should be included?
Discussion groups should represent various parts of a plan where the public actually has an opportunity to weigh in on options and/or develop alternatives and solutions. Groups should COMMUNITY OUTREACH EVENTS:

TOOLS FOR TWO-WAY COMMUNICATION

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be facilitated by city staff and/or consultants, and these facilitators should lead and promote public discussion. Always let the public know what happens next in the process, so that they understand what will happen with their feedback. Be sure to provide appropriate contact information so anyone who felt they were not heard has an opportunity to follow up.

Essentials checklist:

Space large enough to comfortably accommodate the expected audience (consider seating capacity as well)
Water. Other refreshments and snacks are optional
Sign-in sheets for names, email address, phone numbers and physical addresses (where applicable) so staff can follow up with attendees
Visual or informational aid(s) of some sort to be included in the presentation and/ or stations (PowerPoint, video, photos, plans, maps, graphics, etc.) Large format paper and thick pens for notes that the public can see Facilitators for all small group discussions
Commentcards
Name tags for city staff Contact
information “What’s Next”
explanation

NEIGHBORHOOD MEETING
Neighborhood meetings are similar to workshops in that they involve staff presentation and public discussion. Neighborhood meetings mean staff bring their presentations directly to their intended audience, which could include a special interest group or a specific neighborhood.

When do I have a neighborhood meeting?
Neighborhood meetings should occur early in the planning process so feedback can be incorporated down the line. Staffshould schedule a neighborhood meetings during hours when most people in the affected group will be available, typically afterwork hours.

What should be included?
Neighborhood meetings benefit from creativity and content/style directed at the audience. Neighborhood meetings should include equal parts staff presentation and public discussion. Always let the public know what happens
next in the process, so that they understand what will happen with their feedback.

Comment cards should also be provided for people who do not feel comfortable speaking up.

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Essentials checklist:

Space large enough to comfortably accommodate the expected audience (consider seating capacity as well)
Water. Other refreshments and snacks are optional
Sign-in sheets for names, email address, phone numbers and physical addresses (where applicable) so staff can follow up with attendees
Visual or informational aid(s) of some sort to be included in the presentation (PowerPoint, video, photos, plans, maps, graphics, etc.) Large format paper and thick pens for notes that the public can see Facilitators for all small group discussions (see Best Practices page 11) Comment cards Name tags for city staff Contact
information “What’s Next”
explanation

OPEN HOUSE
An Open House typically features various informational stations rather than a formal presentation.

The public is encouraged to engage in open dialogue with the facilitator at each station, including asking questions and providing feedback. Notes are taken on large format paper so people can see their comments have been noted.

When do I hold an Open House?
An Open House should be held in the middle of the planning process once drafts and conceptual plans are available. Open Houses should take place during hours where most of the public/affected audience will be able to participate, typically after-work hours.

What should be included?
The public should have a clear understanding of the distinction between an open house and workshop ahead of the event. Stations should be clearly labeled, feature visual representations or aids, and should incorporate a place where comments can be written down and seen by everyone. Staff should also consider comment cards, as some people are more comfortable speaking up than others. Be sure to provide appropriate contact information so anyone who felt they were not heard has an opportunity to follow up.

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Essentials checklist:

Space large enough to comfortably accommodate the expected audience and stations (consider seating options for people who can’t stand for extended periods oftime) Water. Other refreshments and snacks are optional
Sign-in sheets for names, email address, phone numbers and physical addresses (where applicable) so staff can follow up with attendees
Visual or informational aid(s) of some sort to be included at each stations (PowerPoint, video, photos, plans, maps, graphics, information boards, etc.) Large format paper and thick pens for notes that the public can see Facilitators for all stations
Commentcards
Name tags for city staff Contact
information “What’s Next”
explanation

OPEN CITY HALL (WEB BASED)
Open City Hall is an online tool for community engagement. Open City Hall can be used as an online alternative to in-person community outreach events like Workshops, Road Shows and Open Houses. Use of this tool allows those who can’t attend meetings to receive the same information and provide feedback. To see how it works, visit http://www.slocity.org/ opencityhall.

When do I use Open City Hall?
Open City Hall is encouraged to be used any time that the City hosts an in-person consultation or collaboration based community outreach event. In addition, Open City Hall can be on its own when it may not be feasible to host a traditional community outreach event. Open City Hall has the ability to pose questions in different ways, collect ideas, conduct polls, develop priority lists, comment on maps and more.

What should be included?
The experience of using Open City Hall online should mirror that of an in-person outreach event and can use many of the same materials. Open City Hall topics can contain graphics, videos and slide presentations (including narration).

Please consult with the Administration Department to get started using Open City Hall.

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GLOSSARY
*Hyperlinked items have corresponding templates
ADVISORY BODIES. Voluntary citizen groups appointed by the SLO City Council to provide input on key city issues and activities. (See list on Audience page).

AWARENESS WALK. Neighborhood guided tour by staff or consultants to provide in-person details and answer questions about specific issues and activities.

CITY WEBSITE POSTING. Share project news, meeting announcements, calendar items, progress reports, agenda packets and more.

COMMITTEE FORMATION. For purposes of collaboration, consider forming a committee or subcommittee for regular contact/check-ins regarding a certain topic/project. This committee should be made up of a representative group of stakeholders or advisory body members, with the understanding that they will be called upon often over the course of the project/issue for their input and expertise.

COMMUNITY CALENDAR. No-cost method of announcing event details through online, print, television and radio calendar postings. Most community calendar notices can be easily posted by the interested party using online resources.

DIRECT MAIL. Postcard, letter, flyer, fact sheet and other items sent using U.S. Mail. Larger mailings can qualify for reduced postage costs by using bulk mail rates (bulk mail permit required). Bulk mail requires zip code sorting and other special handling and permits. Note: Only items handled by the U.S. Postal Service can be placed in residential or commercial mail boxes. It is illegal to use mailboxes for door to door flyers, notices, etc. that have not been mailed. Flyers under doormats and door hangers are often used to share neighborhood information without violating postal regulations.

E-N OTIFICATION. Slocity.org enables users to self-subscribe to information lists based on their interests. While not required, some users also give their address, which gives you access to geographically targeted lists. Refer to interest lists/neighborhoods in the Audience section that may pertain to your particular project/issue and outreach to these groups via e-notification.

FACT SHEET. Brief one-page description of a proposed project or activity. Fact sheets typically utilize bulleted format, to convey information succinctly. Fact sheet should always include contacts for further information (i.e., phone number, web address, email).

FLYER. Graphically compelling print pieces circulated in specific areas to generate attendance at public meetings and activities. Typically 8.5 x 11” in size, but can use irregular sizes for cost efficiency and/or to gain additional attention. Can be used as billing inserts, or posted in willing businesses and other commercial locations.

INTEREST GROUP. Citizens with shared interests who are often united in expressing their concerns and opinions about various project proposals; also called special interest group, i.e., seniors, cycling enthusiasts, homeless services advocates, etc.

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GLOSSARY
KEY CONTACTS/LIAISONS/NEIGHBORHOOD CHAMPIONS. Some neighborhoods/special interest groups have key contacts or liaisons who will be essential in disseminating information to the larger group. See Audience section for details.

NEIGHBORHOOD/ESTABLISHED NETWORK EMAIL TREE. Organized communication tool used by residents to communicate with each other about issues and activities of shared interest; typically applies to specific geographic areas, i.e., Old Town SLO, Los Verdes Park, etc. May be created using database management products like My Neighbors, in which specialized outreach groups are created by neighborhoods. The NextDoor app is a popular version of this community tool.

NEIGHBORHOODMEETINGS.Staff takesinformation “on the road” forface-to-face communication with residents, interest groups and others. Neighborhood meetings can range from special interest group presentations (chamber of commerce committee meeting) and speeches to large bodies; to targeted outreach (playground equipment preferences asked of park users), to ice cream truck neighborhood events. Neighborhood meetings efforts mean staff “goes to them,” rather than citizens coming to City Hall and other venues. See Best Practices section for more information.

NEIGHBORHOOD SURVEY. Surveys can be conducted online via the city website, or conducted by hand via door-to-door contact. Surveys can also be mailed and emailed. See Best Practices section for more details.

NOTIFY MEDIA. Can include but does not require a formal news release. A formal release offers the “who, what, where, why, and how” of a particular issue or activity and is circulated via email by staff to local media for publication. See Audience section for a list of key local contacts.

OPEN CITY HALL. Effective online program for generating citizen interest, knowledge and participation in city decisions.

OPEN HOUSE. Informal public gathering to introduce a project, service proposal or other idea using information centers and materials; on site staff to answer questions, hear comments, etc. No formal staff presentation. See Best Practices section for more information.

PAID ADVERTISING. Print ads, television and radio commercials, online advertising, bus and bench advertising, billboards and other paid media that have associated costs for design, copywriting, media placement. Media outlets are contacted for information on costs, deadlines, production needs. Typical print ads include:
• Legal ad. Appears in a specific section of the newspaper. Typically contains text only. • Display ad. Advertisement appears alongside regular editorial content. Can contain text, photos, logos, maps, graphics.

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GLOSSARY
POSTCARD. Printed piece used to provide brief, to-the-point information for citizens and sent via U.S.

Mail. Postcards can range from traditional travel postcard size to “sumo” oversized postcards, with all requiring the same per piece postage. Lack of envelope may help assure the piece is viewed by recipient.

POSTER. Graphic print communication promoting meetings, open houses, workshops and special events or services; generally 11x17” in size or larger. Post in willing local businesses and other commercial locations.

PRINTED MATERIAL. Print announcements(flyer, postcard, door hanger, banner, poster) creatively designed to generate attention about issues and activities in specific neighborhoods. Printed materials should highlight pertinent information and/or direct people to additional information about a particular topic.

PUBLIC ACCESS CHANNEL. Gavel-to-gavel webcast and televised public access to SLO government meetings. Carried on Charter Cable; also accessible live online via slocity.org. Channel 20 also carries informational on-screen fliers, announcements, etc. posted when meetings are not being telecast.

REQUIRED LEGAL NOTICE Required by municipal code for most development projects. Timely posting in a newspaper ofrecord about a project,rate increase, ordinance or other activity. These notices are required by law and are typically made through the City Clerk. Legal notices may also be physically posted on projectsites,residential properties, etc. to alert neighbors and others of pending action, proposed changes, etc. on land use matters and to noticehearingdatesfor comment canbe received.Council-approvednotificationstandards for development projects detail who, where, and what needslegal noticing.

SIGNAGE. Consider temporary signage (banner, stake sign, etc.) at the site of a project to keep neighbors and passersby apprised of project status and key contacts/websites for additional information.

SOCIAL MEDIA. Apps, websites and other platforms that enable users to outreach to broad audiences and engage with those audiences in discussion on a daily basis. Users of social media have an expectation that communication is two-way and if your department chooses to engage in social media, you should expect and respond to discussion. Examples of platforms currently being used by city departments include Facebook and Twitter. Paid promotion of your department’s Facebook page or important posts should be considered in order to reach the appropriate audience type and size. A sponsored Facebook post, as it’s called, is a relatively inexpensive advertising method to utilize in order to expand viewer reach.

SPECIAL EVENTS. Certain events should be leveraged as outreach opportunities when the demographic is appropriate. i.e., Saturday morning farmers’ market to inform/consult local residents regarding general interest projects/issues; local sporting events such as Damon- Garcia soccer games to inform/consult local residents regarding parks and recreation project/issues; etc.

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GLOSSARY
STAKEHOLDER MEETING. Should be considered during the consult phase as a group meeting comprised of issue/project stakeholders.

SURVEY. Early outreach opportunity to collect opinions at the start of a project. Multiple- choice questions generate better response than open-ended questions.

TRANSIT MESSAGING. Outreach using posters on city buses and at bus stops; city reader boards; street light and overhead banners on downtown streets.

UTILITY BILLING INSERT. Printed material added to utility bills mailed to customers by the City.

Billing inserts (also called billing mailers) require approval of the city manager and Utilities Department and often require generous lead time for handling by a mail house.

WORKSHOP. Community gathering, generally on a citywide matter, used for presenting information, and then facilitating public engagement using small group exercises and discussion questions.

See Best Practices section for more information.

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TEMPLATES
The following templates are simply guidelines to ensure city messaging is clear, consistent, branded, and encourages diverse public participation.

Things to consider when designing and/or writing outreach materials:
• Always refer to the San Luis Obispo City Style Guide and Brand Standards manual to ensure proper emblems, colors and typefaces are used.
• Avoid government jargon and keep descriptions short.
• Include all relevant contact information, including key contact names, phone numbers, email addresses and web addresses.
• If noticing a meeting or community event, be sure to include pertinent information such as date, place, time, topic, description of community event and format, alternate ways to participate (if applicable), and directions and/or a map if necessary. • While unlikely, staff may experience language barriers when outreaching to specific groups. Be sure to include translation on all applicable materials. • Consider using attention grabbing words and phrases that evoke emotion, e.g. you, free, sale, guaranteed, new, now, announcing, tell us, etc. Also, a picture is worth a thousand words, so try to use imagery where appropriate.

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E-NOTIFICATION
Standard template exists in the website content management system. Website news posting should accompany e-notification.

NEWS POSTING

TEMPLATES

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tt

FACT SHEET
For editable word document template, click here.

Foothill Boulevard Road Repairs
Fact sheet date: 6/10/15
Public Works will be conducting road repairs on Foothill Boulevard beginning July 10. One-way traffic controls will be in place between 8:00 a.m. and 5:00 p.m. and the road will be closed to pedestrian and bicycle traffic. Please plan alternate route.

Project details:
 Project detail Project detail Project detail
 Project detail Project detail Project detail
 Project detail Project detail Project detail
 Project detail Project detail Project detail
 Project detail Project detail Project detail
 Project detail Project detail Project detail
 Project detail Project detail Project detail
For more information, visit the Public Works page on the city website, http://www.slocity.org/government/department-directory/public-works.

You can also email [email protected] or call (805) 888-8888.

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t
FLYER
For editable word document template, click here.
*Poster content replicates flyer content, but is usually larger in size. Consider using 11x17 paper for posters, or larger if not printing in house.

ATTENTION FOOTHILL

COMMUTERS
Foothill Boulevard Road Repairs
The Foothill Boulevard Road Repairs project will affect vehicle and pedestrian traffic from 8:00 a.m. to 5:00 p.m.

Monday-Friday, 7/10-7/20/2015
Public Works will be conducting road repairs
on Foothill Boulevard beginning July 10.

One-way traffic controls will be in place
between 8:00 a.m. and 5:00 p.m. and the
road will be closed to pedestrian and bicycle
traffic. Please plan alternate route.

For more information, visit the Public Works page on the city website, http://www.slocity.org/government/department-directory/public-works.

You can also email [email protected] or call (805) 888-8888.

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PAID AD
For editable word document template, click here.

ATTENTION FOOTHILL BLVD.

COMMUTERS & RESIDENTS
Foothill Boulevard Road Repairs begin July 10, 2015.

Commuters should expect delays, as one-way traffic will be in effect.

The road will be closed to pedestrians and commuters. Detour information can be found at http://www.slocity.org/government/department-directory/public-works.

Foothill Blvd. Road Repairs
July 10-July 20, 2015
Crews will work from 8:00 a.m. to 5:00 p.m.

For more information, visit the website listed above.

Questions or concerns? Call (805) 888-8888 or email [email protected].

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POSTCARD
For editable word document template, click here.

YOUR ROUTE COULD BE AFFECTED
Foothill Blvd. Road Repairs July 10-20
Public Works will be conducting road repairs on Foothill Boulevard beginning July 10. One-way traffic controls will be in place between 8:00 a.m. and 5:00 p.m. and the road will be closed to pedestrian and bicycle traffic. Please plan alternate route.

Questions or concerns? Call (805) 888-8888, email [email protected] or visit http://www.slocity.org/government/department-directory/publicworks.

City of San Luis Obispo
San Luis Obispo Public Works Department
990 Palm Street
San Luis Obispo, CA 93401

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SIGNAGE
FOOTHILL BLVD.

ROAD REPAIRS
Expect delays July 10-20 between
8:00 a.m. – 5:00 p.m. while crews
work to repair yourstreets.

Visit slocity.org or call (805)888-8888 for more information.

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[email protected]
SURVEY
For editable word document template, click here. There is also an online survey template available in the website management system.

YOUR OPINION MATTERS:

RENTAL HOUSING INSPECTION
A proactive rental inspection program provides a system to inspect rental units on a periodic basis to ensure that they are safe and habitable. The city included the exploration of a rental inspection program as part of the Neighborhood Wellness Major City Goal. The city council was presented a set of options for this program several months ago, and has directed staff to seek additional public feedback to determine if the program is necessary. City staff would like public feedback on elements of the plan to ensure the program meets the needs of tenants and landlords alike. Elements include:

Inspections conducted every three years
Applies to single-family residences and duplexes
Includes interior and exterior inspections
Provides incentives for well-maintained rentals
Fees estimated at $100 annually per rental unit
The city appreciates your input.

1. Are you currently a tenant or landlord?
a. Yes
b. No

2. If you are a landlord, do you inspect your residence on a regular basis to ensure it is safe and habitable, and if so, how often?
a. Not inspected
b. Only inspected when there is a complaint
c. Inspected when new tenants move in or out
d. Inspected annually
e. Other/NA

3. What are your thoughts about the rental inspection program? a. Don’t care
b. It’s necessary
c. It’s necessary but I don’t agree with some elements (please list elements and concerns) d. It’s unnecessary
e. Other (please describe)

4. Please list any additional comments, questions or concerns below.

Questions or comments? Email [email protected] or call (805)888-8888.

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VENUES
Meetings should be held in an easily accessible location with available parking. Some possible meeting venues in San Luis Obispo include, but are not limited to:

LUDWICK COMMUNITY CENTER
864 Santa Rosa
Street (805)781-7222
Capacity: 100+

ELKSLODGE
222 Elks Lane
(805)543-0322
[email protected]
Capacity: 50-300

EMBASSY SUITES
333 Madonna Road
(805)547-6407
[email protected]
Capacity: 2-500+

MADONNA INN
100 Madonna Road
(805)543-3000
Expo Center: Capacity: 2,600+
Balcony Room: Capacity: 40
Round Room: Capacity: 60+

SLOCITY/COUNTYLIBRARY
995 Palm Street
(805)781-7222
Reserve online: https://apm.activecommunities.com/sloparksandrec/facility_search? Capacity: 100+

SLO SENIORCITIZENS CENTER
1400 Osos Street
(805)781-7222
Reserve online: https://apm.activecommunities.com/sloparksandrec/facility_search? Capacity: 100+

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2.1

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ATTACHMENT D:

Potential Meeting Locations
Below is a list, but not limited to, of meeting locations:
 City Hall, 990 Palm Street
 City/County Public Library, 995 Palm Street
 On-board fixed-route transit vehicles
 Government Access Channel 20
 Ludwick Communitiy Center
 Elks Lodge
 SLO Senior Center
 Cal Poly Student Union

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City of San Luis Obispo Transit
SLO Transit
919 Palm Street
San Luis Obispo, CA 93401
Public Transportation Agency Safety Plan (PTASP)
Pending Adoption
March 21, 2023
_____________________________________ ______________
Signature of Accountable Executive Date
Shelly Stanwyck
Assistant City Manager, Community Services

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Public Transportation Agency Safety Plan Regulation (49 CFR Part 673)

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Contents
Definitions.....................................................................................................................................................5 Section 1 Transit Agency Information..........................................................................................................6 Subsection 1.1 Accountable Executive.........................................................................................................7 Subsection 1.2 Chief Safety Officer .............................................................................................................7 Section 2 Plan Development, Approval, and Updates..................................................................................7 Subsection 2.1 Drafting the Plan...................................................................................................................7 Subsection 2.2 Signature by the Accountable Executive and Approval by the Board .................................8 Subsection 2.3 Certification of Compliance .................................................................................................8 Subsection 2.4 Plan Review and Updates.....................................................................................................8 Section 3 Safety Performance Targets (SPTs)..............................................................................................9 Subsection 3.1 Target Development .............................................................................................................9 Section 4 Overview of the Agency’s Safety Management Systems (SMS) ...............................................10 Section 5 Safety Management Policy .........................................................................................................10 Subsection 5.1 Safety Management Policy Statement................................................................................11 Subsection 5.2 Safety Management Policy Communication ......................................................................11 Subsection 5.3 Employee Safety Reporting Program.................................................................................12 Subsection 5.4 SMS Authorities, Accountabilities, and Responsibilities...................................................13 Subsection 5.4.1 Accountable Executive....................................................................................................13 Subsection 5.4.2 Chief Safety Officer ........................................................................................................14 Subsection 5.4.3 Agency Leadership and Executive Management ............................................................14 Subsection 5.4.4 Key Staff..........................................................................................................................15 Section 6 Safety Risk Management (SRM)................................................................................................15 Subsection 6.1 Safety Hazard Identification...............................................................................................15 Subsection 6.2 Safety Risk Assessment......................................................................................................17 Subsection 6.3 Safety Risk Mitigation........................................................................................................18 Section 7 Safety Assurance.........................................................................................................................19 Subsection 7.1 Safety Performance Monitoring and Measurement............................................................19 Section 8 Safety Promotion ........................................................................................................................20 Subsection 8.1 Safety Communication .......................................................................................................21 Section 9 Strategies to Minimize Exposure to Infectious Diseases............................................................22

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Section 10 Documentation..........................................................................................................................24

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Public Transportation Agency Safety Plan Regulation (49 CFR Part 673)

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Definitions
Accident means an Event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of public transportation vehicles; an evacuation for life safety reasons.

Accountable Executive means the single, identifiable person who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan of the Agency; responsibility for carrying out the Agency’s Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the Agency’s Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. § 5329(d), and the Agency’s Transit Asset Management Plan in accordance with 49 U.S.C. § 5326.

Agency or Transit Agency means the City of San Luis Obispo Transit (SLO Transit).

San Luis Obispo City Council means governing body of SLO Transit.

Caltrans means the California Department of Transportation Chief Safety Officer means the adequately trained individual who has responsibility for safety and reports directly to the Transit Agency’s chief executive officer.

CFR means Code of Federal Regulations.

Event means any Accident, Incident, or Occurrence.

FTA means the Federal Transit Administration, an operating administration within the United States Department of Transportation.

Hazard means any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of the system, or damage to the environment.

Incident means an Event that involves any of the following: a personal injury that is not a serious injury, one or more injuries requiring medical transport, or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of the Transit Agency.

Investigation means the process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk.

National Public Transportation Safety Plan means the plan to improve the safety of all public transportation systems that receive federal financial assistance under 49 U.S.C. Chapter 53.

Occurrence means an Event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of the Transit Agency.

Part 673 means 49 CFR (Code of Federal Regulations) Part 673.

Performance Measure means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets.

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Performance target means a quantifiable level of performance or condition, expressed as a value for the measure, to be achieved within a time period required by the Federal Transit Administration (FTA).

Risk means the composite of predicted severity and likelihood of the potential effect of a hazard.

Risk mitigation means a method or methods to eliminate or reduce the effects of hazards.

Safety Assurance means processes within the Transit Agency’s Safety Management Systems that function to ensure the implementation and effectiveness of safety risk mitigation, and to ensure that the Transit Agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information.

Safety Management Policy means the Transit Agency’s documented commitment to safety, which defines the Transit Agency’s safety objectives and the accountabilities and responsibilities of its employees in regard to safety.

Safety Management Systems (SMS) means the formal, top-down, organization-wide approach to managing safety risk and assuring the effectiveness of a Transit Agency’s safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards.

Safety Performance Target (SPT) means a Performance Target related to safety management activities.

Safety Promotion means a combination of training and communication of safety information to support SMS as applied to the Transit Agency’s public transportation system.

Safety Risk Assessment (SRA) means the formal activity whereby the Transit Agency determines Safety Risk Management priorities by establishing the significance or value of its safety risks.

Safety Risk Management (SRM) means a process within the Transit Agency’s Public Transportation Agency Safety Plan for identifying hazards and analyzing, assessing, and mitigating safety risk.

Serious injury means any injury which: (1) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received, (2) results in a fracture of any bone (except simple fractures of fingers, toes, or noses), (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ, or (5) involves second or third-degree burns, or any burns affecting more than five percent of the body surface.

State of Good Repair (SGR) means the condition in which a capital asset is able to operate at a full level of performance.

Transit Asset Management Plan means the strategic and systematic practice of procuring, operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, and costs over their life cycles, for the purpose of providing safe, cost-effective, and reliable public transportation, as required by 49 U.S.C. 5326 and 49 CFR part 625.

U.S.C. means United States Code.

Section 1 Transit Agency Information
The City of San Luis Obispo Transit (SLO Transit), a program of the City’s Public Works Department, is the local fixed-route public transit operation within the city limits of San Luis Obispo and California Polytechnic State University (Cal Poly). Service operations and vehicle

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Public Transportation Agency Safety Plan Regulation (49 CFR Part 673)

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maintenance are provided by a third-party contractor (First Transit, Inc.). SLO Transit is a recipient of Federal Transit Administration (FTA) Section 5307 funds and does not provide transportation services on behalf of another entity.

Subsection 1.1 Accountable Executive
SLO Transit’s Accountable Executive is the Assistant City Manager, Community Services Group. The Assistant City Manager has direct communication with the City Manager and direct coordination with the City Transit Manager. Accordingly, the Assistant City Manager is the single, identifiable person who has ultimate responsibility for carrying out this Agency Safety Plan and the Transit Asset Management (TAM) Plan, and control or direction over the human and capital resources needed to develop and maintain both this Plan and the TAM Plan.

The Assistant City Manager is accountable for ensuring that the Agency’s Safety Management Systems (SMS) is effectively implemented throughout the Agency’s public transportation system. The Assistant City Manager is accountable for ensuring action is taken, as necessary, to address substandard performance in the Agency’s SMS. The Assistant City Manager may delegate specific responsibilities, but the ultimate accountability for the Transit Agency’s safety performance cannot be delegated and always rests with the Assistant City Manager.

Subsection 1.2 Chief Safety Officer
As a small public transportation provider, SLO Transit’s designated Chief Safety Officer is the contracting General Manager who has the authority and responsibility for day-to-day implementation and operation of the Agency’s SMS. The Chief Safety Officer has a strong working relationship with the operations and asset management functions at SLO Transit.

Section 2 Plan Development, Approval, and Updates
Caltrans developed the contents of this SLO Transit plan to meet requirements specified in 49 CFR Part 673 and comply with Part 673.11(d) regarding Caltrans’ responsibility to develop an ASP for any small public transportation provider that is located in California. This Plan is based on the four (4) principles or pillars of the Safety Management Systems (SMS). SMS is defined as the formal, top-down, organization-wide, data-driven approach to managing safety risk and assuring the effectiveness of safety mitigations. It includes systematic policies, procedures, and practices for the management of safety risk. The four principles or pillars of SMS are: (1) Safety Management Policy; (2) Safety Risk Management; (3) Safety Assurance; and (4) Safety Promotion.

Subsection 2.1 Drafting the Plan
Caltrans drafted this Plan, thus meeting the requirements of 49 CFR Part 673.11(d). FTA will oversee compliance with the requirements of Part 673 through the existing Triennial Review processes.

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Should SLO Transit no longer meet the definition of a small public transportation provider or choose to opt-out of the Caltrans Agency Safety Plan, within one year from the date of notifying the State of either development SLO Transit will draft and certify its own Agency Safety Plan. If SLO Transit operates more than 100 vehicles SLO Transit must fulfill requirements of systems operating more than 100 vehicles.

Subsection 2.2 Signature by the Accountable Executive and Approval by the Board Pursuant to 49 CFR Part 673.11 (a)(1), this Agency Safety Plan and subsequent updates must be signed by the Accountable Executive and approved by SLO Transit’s Board. Documentation of Board approval is found in Appendix A.

Subsection 2.3 Certification of Compliance
Pursuant to 49 CFR Parts 673.13(a) and 673.13(b), Caltrans certifies that it has established this Agency Safety Plan, meeting the requirements of 49 CFR Part 673 by July 20, 2020 and will certify its compliance with 49 CFR Part 673.

FTA published a Notice of Enforcement Discretion on April 22, 2020 effectively extending the PTASP compliance deadline from July 20, 2020 to December 31, 2020. Transit operators must certify they have a safety plan in place meeting the requirements of the rule by December 31, 2020. The plan must be updated and certified by the transit agency annually.

After Caltrans initial certification, and on an annual basis SLO Transit must update this Agency Safety Plan. All Agency Safety Plan updates shall be signed by the Accountable Executive and approved by SLO Transit’s Board.

FTA does not require this plan to be submitted to FTA. Instead, Caltrans will certify that it has established this Safety Plan, which fulfills the requirements under Part 673. FTA annually amends and issues the list of Certifications and Assurances. Caltrans will review such guidance for incorporation into the safety program as necessary.

Subsection 2.4 Plan Review and Updates
SLO Transit updates this Safety Plan when information, processes or activities change within the Agency and/or when Part 673 undergoes significant changes, or annually, whichever comes sooner. As SLO Transit collects data through its Safety Risk Management and Safety Assurance processes, shared with Caltrans and the local Metropolitan Planning Organization (MPO) as described in subsection 3.1 below, the MPO and Caltrans will evaluate SLO Transit’s safety performance targets (SPTs) to determine whether they need to be changed, as well.

This Plan will be jointly reviewed and updated by the City Transit Coordinator, with the assistance of subject matter experts, annually. The Accountable Executive will approve any changes, then forward on to the Board for approval.

This Plan may need to be reviewed and updated more frequently based on the following:
 We determine our approach to mitigating safety deficiencies is ineffective;

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Public Transportation Agency Safety Plan Regulation (49 CFR Part 673)

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 We make significant changes to service delivery;
 We introduce new processes or procedures that may impact safety;  We change or re-prioritize resources available to support SMS;  We significantly change our organizational structure.

Version Number and Updates
Record the complete history of successive versions of this plan.

Version
Number Section/Pages Affected Reason for Change Date Issued

1.0 All Original Plan 11/17/2020

2.0 Various Plan Update 3/2023
Section 3 Safety Performance Targets (SPTs)
Subsection 3.1 Target Development
SLO Transit includes SPTs in this Safety Plan. These targets are specific numerical targets set by SLO Transit and based on the safety Performance Measures established by FTA in the National Public Transportation Safety Plan. In the most recent version, the 2017 NSP3, FTA adopted four initial safety Performance Measures: (1) Fatalities, (2) Injuries, (3) Safety Events, and (4) System Reliability.

SLO Transit developed safety performance targets that it will review and update annually. The specific safety performance targets are based on the safety performance measures established under the National Public Transportation Safety Plan and the safety performance goals set by Caltrans based on the past three (3) fiscal years of data. The Safety Performance Targets for SLO Transit for the Fiscal Year 2020-21 is expected to stay within 1% +/- of previous three years data pertaining to fatalities, injuries, safety events, and system reliability.

SLO Transit established safety performance targets for the period of July 1, 2022 through June 30, 2023, based on safety performance measures established under the National Public Transportation Safety Plan.

Safety Performance Targets
Based on the safety performance measures established under the National Public Transportation Safety Plan.

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Mode of Transit Service Fatalities
(total)
Injuries
(total)
Safety
Events
(total)
System
Reliability
(VRM / failures)
Fixed Route Integer Target 0 0 0 4,211
Fixed Route Target per Vehicle Revenue Mile 0 0 0 0.01
Safety Performance Target Coordination
Targets
Transmitted to
the Metropolitan
Planning
Organization
Metropolitan Planning Organization Name Date Targets Transmitted San Luis Obispo Council of Governments
(SLOCOG)
3/2023
Section 4 Overview of the Agency’s Safety Management Systems (SMS) SMS is a comprehensive, collaborative approach that brings management and labor together to build on the transit industry’s existing safety foundation to control risk better, detect and correct safety problems earlier, share and analyze safety data more effectively, and measure safety performance more carefully. SLO Transit’s SMS focuses on applying resources to risk and is based on ensuring that SLO Transit has the organizational infrastructure to support decisionmaking at all levels regarding the assignment of resources. Some key parts of SLO Transit’s SMS include:
 Defined roles and responsibilities;
 Strong executive safety leadership;
 Formal safety accountabilities and communication;
 Effective policies and procedures; and
 Active employee involvement
Furthermore, SLO Transit’s SMS have four distinct components, which are discussed in subsequent sections to this Safety Plan:
 Safety Policy
 Safety Risk Management
 Safety Assurance
 Safety Promotion
Section 5 Safety Management Policy
The first component of SLO Transit’s SMS is the Safety Management Policy, which is the foundation of SLO Transit’s safety management system. It clearly states the organization’s safety objectives and sets forth the policies, procedures, and organizational structures necessary to accomplish the safety objectives. The Safety Management Policy clearly defines management and employee responsibilities for safety throughout the organization. It also ensures that

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management is actively engaged in the oversight of the system’s safety performance by requiring regular review of the Safety Management Policy, budget and program by the designated Accountable Executive.

Subsection 5.1 Safety Management Policy Statement
Safety is a core value at SLO Transit, and managing safety is a core business function. SLO Transit will develop, implement, maintain, and continuously improve processes to ensure the safety of our customers, employees, and the public. SLO Transit’s overall safety objective is to proactively manage safety hazards and their associated safety risk, with the intent to eliminate unacceptable safety risk in our transit operations.

SLO Transit will:
 Clearly, and continuously explain to all staff that everyone working within SLO Transit must take part and be responsible and accountable for the development and operation of the Safety Management System (SMS).
 Work continuously to minimize safety risks. Work to comply with and, wherever possible, exceed legislative and regulatory requirements and standards for passengers and employees.
 Work to ensure that all employees are provided appropriate safety information and training, are competent in safety matters, and assigned tasks commensurate with duties and skills.
 Reaffirm that responsibility for making our operations safer for everyone lies with all employees – from executive management to frontline employees. Each manager is responsible for implementing the SMS in their area of responsibility and will be held accountable to ensure that all reasonable steps are taken to perform activities established through the SMS.

Caltrans established safety performance targets to help measure the overall effectiveness of our processes and ensure we meet our safety objectives. SLO Transit will keep employees informed about safety performance goals and objectives to ensure continuous safety improvement.

Subsection 5.2 Safety Management Policy Communication
The Safety Management Policy is communicated throughout the Agency, to all employees, managers, and executives, as well as contractors, and to the Board.

This is accomplished through various processes such as:
 Review Sessions – Conducted by City Management and Transit staff. Once this Plan or any update to this Plan has been signed by the Accountable Executive and approved by the Board it will become standard practice in perpetuity for the Chief Safety Officer to conduct safety meetings to review safety program with all staff.

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 New Hire Safety Orientation – The Chief Safety Officer will oversee that all new employees regardless of their classifications will be trained about their roles and responsibilities pertaining to PTASP and the principles of SMS.  Safety bulletins, email safety newsletter blasts to staff, and monthly safety meetings Subsection 5.3 Employee Safety Reporting Program
SLO Transit implemented a process that allows employees and contracted employees to report safety conditions to senior management, protections for employees who report safety conditions to senior management. The purpose, description and protections for employees to report unsafe conditions and hazards are described in the Employee Safety Reporting Program as below:

Purpose:
a) To establish a system for SLO Transit employees to identify unsafe conditions or hazards at work and report them to their department management without fear of reprisal. However, disciplinary action could result if the condition reported reveals the employee willfully participated in or conducted an illegal act, gross negligence or deliberate or willful disregard of regulations or procedures, including reporting to work under the influence of controlled substances, physical assault of a coworker or passenger, theft of agency property, unreported safety events, unreported collisions, and unreported passenger injuries or fatalities. b) To provide guidelines for facilitating the timely correction of unsafe conditions or hazards by SLO Transit management.

Description:
a) This program provides a method for SLO Transit management to identify, evaluate, and correct or avoid unsafe conditions or hazards, procedural deficiencies, design inadequacies, equipment failures, or near misses that adversely affect the safety of employees.

Examples of voluntary safety reports include:
 Safety hazards in the operating environment (for example, county or city road conditions),
 Policies and procedures that are not working as intended (for example, insufficient time to complete pre-trip inspection),
 Events that senior managers might not otherwise know about (for example, near misses), and
 Information about why a safety event occurred (for example, radio communication challenges).
b) The program also involves recommending corrective actions and resolutions of identified unsafe conditions or hazards and/or near miss.

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c) All employees have the obligation to report immediately any unsafe conditions or hazards and near miss to their immediate supervisor /department manager and may do so without fear of reprisal.
d) Unsafe conditions or hazards may also be identified as a result of occupational injury or illness investigations and/or by accident investigation. e) Other means by which hazards may be identified are inspections/audits or observations made by the supervisors/management staff as referenced in agency’s Safety Inspection Program. f) Findings will be published immediately following mitigation actions. If employee identification is available, direct feedback regarding mitigation will be provided.

Subsection 5.4 SMS Authorities, Accountabilities, and Responsibilities This Plan has assigned specific SMS authorities, accountabilities, and responsibilities to the designated Accountable Executive; Chief Safety Officer; Agency’s Leadership/Executive Management; and Key Staff/Employees as described below and displayed in Appendix B:

Subsection 5.4.1 Accountable Executive
SLO Transit’s Accountable Executive is the Assistant City Manager, Community Services. The Assistant City Manager is accountable for ensuring that the Agency’s SMS is effectively implemented throughout the Agency’s public transportation system. The Assistant City Manager has direct communication with the City Manager and direct coordination with the City Transit Manager. The Assistant City Manager is accountable for ensuring action is taken, as necessary, to address substandard performance in the Agency’s SMS. The Assistant City Manager may delegate specific responsibilities, but the ultimate accountability for SLO Transit’s safety performance cannot be delegated and always rests with the Assistant City Manager. The Assistant City Manager is accountable for ensuring that the Agency’s SMS is effectively implemented, and that action is taken, as necessary, to address substandard performance in the Agency’s SMS. The Accountable Executive may delegate specific responsibilities, but not accountability for SLO Transit’s safety performance.

The Assistant City Manager’s roles include, but are not limited to:
 Decision-making about resources (e.g. people and funds) to support asset management, SMS activities, and capital investments;
 Signing SMS implementation planning documents;
 Endorsing SMS implementation team membership; and
 Ensuring safety concerns are considered and addressed in the agency’s ongoing budget planning process.

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 Ensuring transparency in safety priorities: for the Board and for the employees.  Establishing guidance on the level of safety risk acceptable to the agency.  Assuring safety policy is appropriately communicated throughout the agency.  Other duties as assigned/necessary.

Subsection 5.4.2 Chief Safety Officer
The Chief Safety Officer is the City’s Contracting General Manager and has the authority and responsibility for day-to-day implementation and operation of SLO Transit’s SMS.

Chief Safety Officer’s Roles include:
 Decision-making about resources (e.g., people and funds) to support asset management, SMS activities, and capital investments;
 Overseeing the safety risk management program by facilitating hazard identification, safety risk assessment, and the development and implementation of safety risk mitigations.
 Monitoring safety risk mitigation activities;
 Providing periodic reports on safety performance;
 Briefing the Accountable Executive on SMS implementation progress;  Planning safety management training; and
 Developing and organizing annual audits/reviews of SMS processes and the Agency Safety Plan to ensure compliance with 49 CFR Part 673 requirements.  Maintaining safety documentation.
 Other duties as assigned/necessary.

Subsection 5.4.3 Agency Leadership and Executive Management The contracting General Manager, Operations Manager, Safety Manager, and Maintenance Manager comprise Agency Leadership. Some of their responsibilities include:
 Day-to-day implementation of the Agency’s SMS throughout their department and the organization.
 Communicating safety accountability and responsibility from the frontline employees to the top of the organization.
 Ensuring employees are following their working rules and procedures, safety rules and regulations in performing their jobs, and their specific roles and responsibilities in the implementation of this Agency Safety Plan and the Agency’s SMS.  Ensuring that employees comply with the safety reporting program and are reporting unsafe conditions and hazards to their department management; and making sure reported unsafe conditions and hazards are addressed in a timely manner.  Ensuring that resources are sufficient to carry out employee training/certification and retraining as required by their job classifications.

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Subsection 5.4.4 Key Staff
The agency Key Staff/Employees may include managers, supervisors, specialists, analysts, database administrators, and other key employees who are performing highly technical work and overseeing employees performing critical tasks and providing support in the implementation of this Agency Safety Plan and SMS principles in various departments throughout the agency.

SLO Transit’s Key Staff/Employees responsibilities include:
 Ensuring that employees are complying with the safety reporting program.  Ensuring supervisors are conducting their toolbox safety meetings  Promoting safety in employee’s respective area of responsibilities – That means: zero accidents; absence of any safety concerns; perfect employee performance; and compliance with agency rules and procedures and regulatory requirements.  Ensuring safety of passengers, employees, and the public.  Responding to customer complaints and expectations for frequency, reliability, and convenience of service.
 Replacing and maintaining aging facilities, equipment, and infrastructure.  Meeting increasing demands for fixed route, commuter service and paratransit service.  Developing and maintaining programs to gather pertinent data elements to develop safety performance reports and conduct useful statistical analyses to identify trends and system performance targets.
 Establishing clear lines of safety communication and holding accountability for safety performance.
 Assisting as subject matter experts in safety risk assessment and safety risk mitigation processes.

Section 6 Safety Risk Management (SRM)
The second component of SLO Transit’s SMS is Safety Risk Management, which includes processes and procedures to provide an understanding of the Agency’s operations and vehicle maintenance to allow individuals to identify hazards associated with those activities.

SLO Transit has implemented a Safety Risk Management process for all elements of its transportation system. The Safety Risk Management process includes the following activities:
safety hazard identification, safety risk assessment, and safety risk mitigation.

Subsection 6.1 Safety Hazard Identification
Hazard identification is the first step in the Safety Risk Management process and a key component. It involves these fundamental safety-related activities: Identifying safety hazards and their consequences; assessing the risks associated with the consequences of the hazards; and developing mitigations to reduce the potential consequences of the identified hazards.

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The following is SLO Transit’s methods and processes to identify hazards. The Agency considers, as a source for hazard identification, data and information provided by an oversight authority and the FTA. Hazards are identified through a variety of sources, including:
 Employee safety reporting,
 Review of vehicle camera footage,
 Review of monthly performance data and safety performance targets,  Observations from supervisors,
 Maintenance reports,
 Comments from customers, passengers, and third parties,  Safety committee, driver and all-staff meetings,
 Results of audits and inspections of vehicles and facilities,  Results of training assessments
 Investigations into safety events, incidents and occurrences, and  Information from FTA and oversight authorities.

When a hazard has been identified, whatever the source, it is reported to the SLO Transit Chief Safety Officer, who enters it into the Hazard Log. The Chief Safety Officer also may enter hazards into this log based on reviews of operations and maintenance activities and procedures.

The Chief Safety Officer will investigate hazards to collect information and determine if hazards need to be entered into the safety risk assessment process. In following up on identified hazards, the Chief Safety Officer may:
 Reach out to the reporting party, if available, to gather all known information about the reported hazard,
 Conduct a walkthrough of the affected area, assessing the possible hazardous condition, generating visual documentation (photographs and/or video), and taking any measurements deemed necessary,
 Conduct interviews with employees in the area to gather potentially relevant information on the reported hazard,
 Review any documentation associated with the hazard (records, reports, procedures, inspections, technical documents, etc.),
 Contact other departments that may have association with or technical knowledge relevant to the reported hazard,
 Review any past reported hazards of a similar nature, and  Evaluate tasks and/or processes associated with the reported hazard.

Any identified hazard that poses an immediate risk to transit operations, the health and safety of employees or the public, or equipment must immediately be brought to the attention of the Accountable Executive and placed through the Safety Risk Management process for safety risk assessment and mitigation. Otherwise, hazards will be prioritized for further Safety Risk Management activity.

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Subsection 6.2 Safety Risk Assessment
Safety risk assessment defines the level or degree of the safety risk by assessing the likelihood and severity of the consequences of hazards and prioritizes hazards based on the safety risk. The Chief Safety Officer, with assistance from key staff subject matter experts, is responsible for assessing identified hazards and ratings using the safety risk matrix below. Prioritizing safety risk provides the Accountable Executive with the information needed to make decisions about resource application.

The following matrix, adopted from the TSI Participation Guide – SMS Principles for Transit, facilitates the ranking of hazards based on their probability of occurrence and severity of their outcome.

Probability Levels
Description Level Specific Individual Item Fleet Inventory Frequent A Likely to occur often in the life of an item. Continuously experienced.

Probable B
Will occur several times in the life of an
item. Will occur frequently.

Occasional C
Likely to occur sometime in the life of an
item. Will occur several times.

Remote D
Unlikely, but possible to occur in the life
of an item.

Unlikely, but can reasonably be expected
to occur.

Improbable E
So unlikely, it can be assumed occurrence
man not be experienced in the life of an
item.

Unlikely to occur, but possible.

Eliminated F
Incapable of occurrence. This level is used
when potential hazards are identified and
later eliminated.

Incapable of occurrence. This level is used
when potential hazards are identified and
later eliminated.

The measuring goes from A to F with A being frequent or likely to occur frequently and E being improbable or expected that this event will most likely never occur. The designation F is used when potential hazards are identified and later eliminated.

Severity Levels
Description Level Mishap Result Criteria
Catastrophic 1
Could Result in one or more of the following: death, permanent total disability, irreversible significant environmental impact, or monetary loss equal to or exceeding $10M
Critical 2
Could result in one or more of the following: permanent partial disability, injuries or occupational illness that may result in hospitalization of at least three personnel, reversible significant environmental impact, or monetary loss equal to or exceeding $1M but less than $10M

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Severity Levels
Marginal 3
Could result in one or more of the following: injuries or occupational illness resulting in one or more lost work day(s), reversible moderate environmental impact, or monetary loss equal to or exceeding $100k but less than $1M
Negligible 4
Could result in one or more of the following: injuries or occupational illness not resulting in lost work day, minimum environmental impact. Or monetary loss less than $100k.

The Safety Risk Severity Table presents a typical safety risk. It includes four categories to denote the level of severity of the occurrence of a consequence, the meaning of each category, and the assignment of a value to each category using numbers. In this table, 1 is considered catastrophic meaning possible deaths and equipment destroyed and 4 is considered negligible or of little consequence with two levels in between.

Safety Risk Probability and Safety Risk Severity are combined into the Safety Risk Index Ranking to help prioritize safety risks according to the table below.

Safety Risk Assessment Matrix
Severity 
Probability 
Catastrophic
1 Critical
2 Marginal
3 Negligible
4 A-Frequent 1A 2A 3A 4A
B- Probable 1B 2B 3B 4B
C-Occasional 1C 2C 3C 4C
D- Remote 1D 2D 3D 4D
E- Improbable 1E 2E 3E 4E
F- Eliminated
Safety Risk Index Ranking
1A, 1B, 1C, 2A, 2B High Unacceptable
1D, 2C, 3A, 3B Serious Undesirable - With management decision required 1E, 2D, 2E, 3C, 3D, 3E, 4A, 4B, Medium Acceptable - with review by management 4C, 4D, 4E Low Acceptable - without review
The Chief Safety Officer documents recommendations regarding hazard rating and mitigation options and reports this information to the Accountable Executive.

Subsection 6.3 Safety Risk Mitigation
The Chief Safety Officer, assisted by Key Staff subject matter experts, reviews current safety risk mitigations and establish procedures to 1) eliminate; 2) mitigate; 3) accept specific risks.

Prioritization of safety remediation measures is based on risk analysis and a course of action acceptable to SLO Transit management.

The safety risk must be mitigated if ranked as Unacceptable (High- Red). Those safety risks that have been mitigated, even those mitigated risks shown as Acceptable status (Low -Green) undergo regular and consistent monitoring to ensure the mitigation strategy is effective.

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Key strategies to minimize the types of risks that potentially exist include:
 Development and deployment of policies and procedures that address known hazards and risks,
 Discussion of other actions, strategies and procedures that might help safeguard against unknown/unforeseen risks,
 Training of drivers and other agency staff on all safety policies and procedures,  Training of drivers and other agency staff on methodologies for handling emergencies, and
 Training of drivers and staff on proper and effective use of emergency equipment and communication technologies and protocol.

Safety risk mitigations are tracked and updated in the Hazard Log by the Chief Safety Officer.

Section 7 Safety Assurance
The third component of the Agency’s SMS is Safety Assurance, which ensures the performance and effectiveness of safety risk controls established under safety risk management. Safety assurance also helps ensure that the organization meets or exceeds its safety objectives through the collection, analysis, and assessment of data regarding the organization's performance. Safety assurance includes inspection activities to support oversight and performance monitoring.

SLO Transit monitors its operations and maintenance protocols and procedures, and any safety risk mitigations to ensure that it is implementing them as planned. Furthermore, the Agency investigates safety events (as defined in Appendix C) and any reports of non-compliance with applicable regulations, standards, and legal authority. Finally, the Agency continually monitors information reported to it through any internal safety reporting programs, including the employee safety reporting program.

Some of the key elements of SLO Transit’s Safety Performance Monitoring and Measurement are shown below in subsection 7.1:

Subsection 7.1 Safety Performance Monitoring and Measurement As part of the Safety Assurance Process, SLO Transit:
 Monitors the system for compliance with, and sufficiency of, the Agency’s procedures for operations and maintenance through:
o Safety audits,
o Informal inspections,
o Regular review of on-board camera footage to assess drivers and specific incidents,
o Safety surveys,
o Employee safety reporting program,

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o Investigation of safety occurrences,
o Safety review prior to the launch or modification of any facet of service, o Daily data gathering and monitoring of data relating to the delivery of service, o Regular vehicle inspections and preventative maintenance, and o Continuous feedback loop between leadership and all levels of the agency.  Monitors its operations to identify any safety risk mitigations that may be ineffective, inappropriate, or were not implemented as intended through:
o Reviewing results from accident, incident, and occurrence investigations, o Monitoring employee safety reporting,
o Reviewing results of internal safety audits and inspections, and o Analyzing operational and safety data to identify emerging safety concerns.  Conducts investigations of safety events to identify causal factors; and  Monitors information reported through any internal safety reporting programs. o The Chief Safety Officer routinely reviews safety data captured in employee safety reports, safety meeting minutes, customer complaints, and other safety communication channels. When necessary, the Chief Safety Officer ensures that the issues and concerns are investigated or analyzed through the safety risk assessment process.
o The Chief Safety Officer also reviews the results of internal and external reviews, including audits and assessments, with findings affecting safety performance, compliance with operations and maintenance procedures, or the effectiveness of safety risk mitigations. The Chief Safety Officer discusses relevant safety issues and concerns with the Accountable Executive and executive management and documents the results of these reviews in the Hazard Log.

In the event of a fatality, SLO Transit complies with all FTA drug and alcohol requirements.

In California, every driver involved in an accident that results in death, injury, or property damage over $1000, effective January 1, 2017, must report the accident on a Report of Traffic Accident Occurring in California (SR 1) form to DMV. The report forms are available at www.dmv.ca.gov, by calling 1-800-777-0133, and at CHP and DMV offices. Also, under California Vehicle Code §16002(b) the driver of a vehicle that is owned or operated by a publicly owned or operated transit system, or that is operated under contract with a publicly owned or operated transit system, and that is used to provide regularly scheduled transportation to the general public or for other official business of the system shall, within 10 days of the occurrence of the accident, report to the transit system any accident of a type otherwise required to be reported pursuant to subdivision (a) of Section 16000 . SLO Transit requires driver notification to SLO Transit immediately and maintains records of any report filed pursuant to this paragraph.

Section 8 Safety Promotion
The fourth component of the Agency’s SMS is Safety Promotion, which includes a combination of training and communication of safety information to employees to enhance the Agency’s

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safety performance. Safety Promotion sets the tone for the SMS and helps SLO Transit to establish and maintain a robust safety culture. Safety Promotion has two-components: (1) Safety Communication; and (2) Competencies and Training.

Subsection 8.1 Safety Communication
SLO Transit communicates safety and safety performance information throughout the organization that, at a minimum, conveys information on hazards and safety risks relevant to employees’ roles and responsibilities and informs employees of safety actions taken in response to reports submitted through an employee safety reporting program.

Ongoing safety communication is critical and SLO Transit ensures communication occurs up, down, and across all levels of the organization. Any lessons learned are communicated to all concerned. Management commitment to address safety concerns and hazards is communicated on a regular basis. Management encourages and motivates employees to communicate openly, authentically, and without concern for reprisal; ensures employees are aware of SMS principles and understand their safety-related roles and responsibilities; conveys safety critical information such as accident data, injuries, and reported safety concerns and hazards and their resolutions to employees. SLO Transit’s tools to support safety communication include:
 Safety bulletins
 Safety notices
 Posters
 CDs or Thumb drives or online safety video access
 Newsletters
 Briefings or Toolbox talks
 Seminars and workshops
 New employee training and refresher training
 Intranet or social media
 Monthly Safety Meetings
Competencies and Training: Executive Management ensures that all employees attend the training provided to understand their specific roles and responsibilities for the implementation of SMS. SLO Transit provides SMS training in the following areas:

All Employees:
 Understanding of Safety Performance Targets
 Understanding of fundamental principles of SMS
 Understanding of Safety Reporting Program – Reporting unsafe conditions and hazards/near misses
 Understanding of their individual roles and responsibilities under SMS Managers and Supervisors

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 Understanding of Safety Risk Management
 Understanding of Safety Assurance
 Understanding of Safety Promotion
 Understanding of their individual roles and responsibilities for SMS Executive Management:
 Understanding of management commitment to and support of all SMS activities.

All employees are required to acquire the competencies and knowledge for the consistent application of their skills as they relate to safety performance objectives. SLO Transit dedicates resources to conduct effective safety-related skill training. The scope of the safety training is appropriate to each employee’s individual safety-related job responsibilities and their role in SMS. Components of SLO Transit’s skill-related training include:
 Conducting training needs analyses to ensure that the right information is being taught to the right employees using the most efficient training methods.  Communicating purpose, objectives, and outcome.
 Ensuring relevant content by directly linking training to the trainee’s job experiences so trainees are more motivated to learn.
 Using active hands-on demonstrations and practice to demonstrate skills that are being taught and provide opportunities for trainees to practice skills.  Providing regular feedback during hands-on practice and exercises.  Reinforcing training concepts in the post-training work environment by giving employees opportunities to perform what they’ve learned.

Section 9 Strategies to Minimize Exposure to Infectious Diseases Pursuant to the Bipartisan Infrastructure Law, SLO Transit takes precautions to reduce risks of infectious diseases consistent with Centers for Disease Control and Prevention. SLO Transit monitors transit service levels and adjusts as necessary to continue providing basic lifeline services for the public and allow for services that help promote social distancing and other individual risk minimization recommendations.

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Precautionary Steps:
 SLO Transit has enhanced its cleaning efforts to include disinfecting vehicles every 24 hours along with individual spot cleaning during daily routes. The cleaning agents used in this effort are deemed effective for these purposes and contain antiviral components such as bleach/water mixes and disinfectant sprays. As an extra level of precaution, SLO Transit has implemented an enhanced cleaning process, focusing more attention on areas and surfaces which are touched most frequently, including: bus doors, door handles, handrails, Token Transit Validator, farebox, handles, interior windows and window frames, pull cords, seats and interior walls.
 SLO Transit encourages the use of onboard hand sanitizer stations when entering the vehicle.
 SLO Transit encourages riders to refrain from using cash for fare and instead purchase a physical or digital bus pass.
 Although face coverings are no longer required on public buses and at transportation hubs, SLO Transit is encouraging riders to wear a face covering over their nose and mouth while riding the bus, especially if they are feeling sick, have been recently exposed to someone who had COVID-19, or are unvaccinated. Wearing a mask is a courtesy to other riders.
 When possible, SLO Transit riders are asked to maintain a minimum of six feet distance from fellow riders.

SLO Transit follows the Centers for Disease Control’s (CDC) best practices to prevent the spread of COVID-19 and advises employees and riders to do the same.

Best Practices and Recommendations for Employees and Riders:
 Avoid touching your eyes, nose and mouth.
 Avoid close contact with people who are sick.
 Wash hands often with soap and water for at least 20 seconds, especially after using the bathroom; before eating; and after blowing your nose, coughing or sneezing.  Clean and disinfect frequently touched objects and surfaces such as cell phones, keyboards, door handles, etc.
 Cover your cough or sneeze with a tissue, then dispose of tissue in trash.  Please stay home when you are feeling sick.

SLO Transit encourages riders to be socially conscious and maintain responsible hygiene. If someone is feeling sick and showing signs of illness or has been near someone with symptoms and signs of illness, SLO Transit asks that they keep their fellow passengers mind and kindly refrain from using the transit system.

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Section 10 Documentation
Pursuant to 49 CFR Part 673.31, SLO Transit maintains records related to this Safety Plan and SMS implementation for a minimum of three years. These documents include but are not limited to the results from SMS processes and activities. SLO Transit will make these documents available to FTA Region 9, Caltrans, and other Federal and state agencies upon request.

Appendices
A – Council Resolution – SLO Transit Public Transportation Agency Safety Plan (PTASP) B – Organizational Chart (FY 2022-23)
C – Examples of Safety Event Investigation (First Transit)

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Appendix A – Board Approval – Signed Council Resolution Signed Council resolution to be included following Board approval.

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Appendix B - Organizational Chart FY 2022-23
Approving Board
San Luis Obispo City
Council
Accountable Executive
Assistant City Manager
Chief Safety Officer
Contracting General
Manager
Key Staff
Contracting Safety
Manager
Key Staff
Contracting Operations
Manager
Key Staff
Contracting
Maintenance Manager
Supporting Review
Team
City Transit Manager &
Transit Coordinator

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Appendix C – Examples of Safety Event Investigation (First Transit, Inc.) Report of Unusual Incident

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Near Miss and Hazard Report

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Root Cause Analysis

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Item 6h
Department: Human Resources
Cost Center: 3050
For Agenda of: 3/21/2023
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
Prepared By: Kate Auslen, Risk Manager
SUBJECT: APPROPRIATION OF UNDESIGNATED INSURANCE FUND BALANCE TO PAY LIABILITY CLAIMS COSTS FOR FISCAL YEAR 2022-23

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the 2022-23 Budget Allocation in the Insurance Fund Fiscal Year 2022-23.”

POLICY CONTEXT
The 2021-23 Financial Plan was adopted by Council on June 1, 2021 and the 2022-23 Supplemental Budget was adopted by Council on June 7, 2022. Amendments to the annual budget are accomplished by Resolution, which is provided as Attachment A to this report.

DISCUSSION
Background
The City of San Luis Obispo is a member of the California Joint Powers Insurance Authority (CJPIA) which provides workers’ compensation and general liability insurance for the City and other member agencies throughout the State. In 2016, the City entered into an agreement with CJPIA and Carl Warren, a third-party administrator, to manage its liability claims. Carl Warren provides intake of claims, legal counsel, investigation of claims, and represents the City in mediations and court cases.

At the beginning of FY 2022-23, $500,000 was placed in the reserve for the Excess Liability Insurance Program and was expected to be sufficient for anticipated expenses in FY 2022-23. In December 2022, Council appropriated an additional $300,000 to cover the anticipated cost of claims. However, the cost of claims and time to resolution continues to fluctuate and is difficult to predict. Two high-cost claims were settled this year, and several other claims that have not yet settled require third party legal expertise and lengthier litigation, resulting in higher than anticipated costs.

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Item 6h
Staff therefore recommends appropriating $550,000 of the City’s Insurance Fund balance to cover anticipated claims and related expenses for the remainder of FY 2022-23. This number is based on the average monthly expenses to date and an analysis of claims likely to settle during FY 2022-23. The Insurance Fund has a current fund balance of about $1.5M.

PUBLIC ENGAGEMENT
Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.

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

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

Funding Sources
Total
Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost*
General Fund 1,500,000 550,000 950,000 N/A
State
Federal
Fees
Other:

Total 1,500,000 550,000 950,000 N/A
It is the City’s policy to maintain the Insurance Fund at 75% confidence level based on a five-year average claims experience. The current balance of the Insurance Fund is about $1.5M. If $550,000 is appropriated, the remaining balance of $950,000 will remain available for future insurance and claims-related expenses.

If any funding appropriation remains at year-end, it will be returned to fund balance from which it can be re-allocated with the 2023-25 Financial Plan.

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Item 6h

ALTERNATIVES
Do not approve the resolution for funding allocation. This alternative is not recommended as the City has delegated authority to CJPIA and Carl Warren as thirdparty administrators and this funding will cover claims-related costs both anticipated and for work already in progress.

ATTACHMENTS
A - Draft Resolution adopting an amendment to the FY 2022-23 Budget Allocation in the Insurance Fund

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Page 258 of 409 ends

R ______
RESOLUTION NO. _____ (2023 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING AN AMENDMENT TO THE 2022- 23 BUDGET ALLOCATION FOR FISCAL YEAR 2022-23
WHEREAS, in accordance with the San Luis Obispo City Charter Section 802, the City Manager submitted the 2021-23 Financial Plan to Council for its review and consideration on June 1, 2021; and
WHEREAS, on June 7, 2022, the Council approved and appropriated the 2022-23 budget allocation including operating expenditures, debt service, and capital improvement plan budget (Resolution No. 11332, 2022 Series); and WHEREAS, the City created an Insurance Fund which aggregates insurancerelated expenses including insurance premiums and payment of claims for workers’ compensation and excess liability and related costs; and WHEREAS, the 2021-23 Financial Plan provides for the Insurance Fund to manage the fluctuations in the insurance programs with a reserve for the Liability Excess Insurance Program maintained at approximately 75% funded confidence level based on the prior five-year average claims experience; and
WHEREAS, the funds within the reserve for the Liability Excess Insurance Program are insufficient to cover anticipated claims and related expenses for the rest of the 2022-23 fiscal year; and
WHEREAS, the Insurance Fund balance is sufficient to cover these costs so that current transactions can take place in a timely manner.

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

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Resolution No. _____ (2023 Series) Page 2
R ______
SECTION 1. The 2022-23 budget is hereby amended to appropriate $550,000 of the City’s Insurance Fund balance to cover anticipated claims and related expenses for the remainder of FY 2022-23.

Upon motion of _______________, seconded by _____________, 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

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 21, 2023
TO: City Council
FROM: Michael Codron, Community Development Director
VIA: Kyle Bell, Housing Coordinator
SUBJECT: ITEM 7A – DOWNTOWN FLEXIBLE DENSITY PROGRAM (CODE-0017- 2023) – AGENDA CORRESPONDENCE MEMO 2

DISCUSSION
The following memorandum provides City staff responses to comments received from a Council member regarding the Downtown Flexible Density Program. Staff determined it would be helpful to provide this memo to all Council Members and the public, as the responses offer clarification regarding the proposed program.

1. Residential Capacity. “On page 261 of the staff report, it explains that the Flexible Density program modifies the allocation of residential capacity from du/acre to FAR allowances of individual property as the threshold for the maximum number of qualifying units. But, Table 3 only gives an example based on FAR, so it’s not clear to me what the previous” way of calculating units would yield, in terms of allowable units. Can you clarify how this change works?” Response: Table 1 (Residential Capacity Under Existing Density Standards) in the Council Agenda Report for the Downtown Flexible Density Program identifies the yield under the current density allowances for an example property within the Downtown Core. Under the example property, the maximum yield was identified as 16 units, which is also reflected in Table 3.

Table 1 – Residential Capacity Under Existing Density Standards C-D or C-R
zone
Lot Area
(sf*) Acres Density Allowance
Available
Density
Maximum
Number of
Units Less than
600 sf
Example
Property 10,000 0.23 36 du/acre 8.26** 16
*sf = square feet
**Density allocations round only to the nearest hundredth.

Page 261 of 409 ends

Item 7a – CODE-0017-2023 (Downtown Flexible Density Program) Page 2 Table 3 - Residential Capacity Under the Downtown Flexible Density Program C-D or C-R
zone:

Example
Property
Lot
Area
(sf*)

3.0 FAR
(sf)
Ground Floor
Commercial
(sf)
Remaining
Building
Area (sf)
Maximum
Number of Units
w/ Average size
of 550 sf
Existing
Standards 10,000 30,000 10,000 20,000 16 units
Proposed
Change 10,000 30,000 10,000 20,000 36 units**
* sf = square feet
** This example is intended to provide a simplification of the residential capacity of a property under the proposed Program and is not intended to represent the actual number of units that could be built on a property, which may be more limited due to Building Code Standards such as life safety and access requirements.

2. Inclusionary Housing Exemption. “Could you explain perhaps with an example, how this program is inconsistent with IHO, and why you wouldn’t recommend layering them on top of each other? This was discussed at both the Planning Commission, and we have gotten questions about it.”
Response: Qualifying flexible density units under the Program are not inconsistent with the IHO but rather exempt in order to provide an incentive, consistent with direction provided by the City Council when the Inclusionary Housing Ordinance was updated on August 16, 2022. As part of the update, Council eliminated Table 2A (Inclusionary Housing Adjustment Factors) and advised staff to explore other options for incentivizing housing production of smaller units. The Downtown Flexible Density Program is intended to accomplish this by allowing more residential density comprised of smaller units, without increasing affordable housing requirements for those smaller units. However, exempting smaller units would not exempt the entire project from the Inclusionary Housing Ordinance .

Inclusionary Housing Requirements would remain in effect for all other components of a project utilizing flexible density, including the commercial linkage fee for retail floor area, and the in-lieu fee for the residential units that are larger than 600 square feet.

3. Parking Requirements. “On page 262, there is mention of the parking requirements in both C-D and C-R Zones. Am I understanding correctly that all units built under this program will be subject to the lower parking requirements of the C-D Zone, no matter which zone they are in? (1 space for every two units, plus 1 guest space for every 10 units) What would be the impact of reducing this further to, say, 1 space per 3 units? This was suggested in some of the public feedback during the outreach sessions.”
Response: It is correct that qualifying units under the program would be subject to the same parking rate of one space for every two, and one guest space for every 10 units, regardless of zone. The reason the report states that there is no change to parking requirement in the C-D zone is due to the fact that the existing Zoning Regulations already provide for one half that required in the Table 3-4 (Parking

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Item 7a – CODE-0017-2023 (Downtown Flexible Density Program) Page 3 Requirements by Use) for all residential uses in the C-D zone, see Section

17.72.040.D (Minimum Number of Spaces Required in Downtown Core)1.

As described in the Council Agenda Report on page 263, under the section titled ‘Planning Commission Recommendation (Reduced Parking Requirements)’, there are challenges related to further decreasing the parking requirements for qualifying units under the program, specifically regarding the potential fiscal impact associated with properties subject to the Parking In-Lieu Fee District2. Staff does not advise any additional reductions to parking requirements within the In-Lieu Fee program until a more detailed and comprehensive evaluation of the in-lieu program is completed. However, projects would still be able to apply for parking reductions to reduce the amount of parking on-site3, subject to evidence provided through a Parking Demand Study or a Vehicle Trip Reduction Plan.

4. Vacation Rentals. “On page 263, it mentions that “Vacations rentals would continue to be prohibited under the Downtown Flexible Density Program, however, owner-occupied condominiums created through this program may be eligible for the Homestay program on a case-by-case basis, subject to discretionary review.” How do you see this as possible and can this be prevented by adding language to do so?”
Response: As proposed, the Downtown Flexible Density Program allows for ownership units to be created; however, it is expected that the vast majority of units will be rentals due to the size of these units. Rental units are not eligible for the Homestay Program. In the event that a condominium project is approved in association with the flexible density program, a homestay application may be permitted under the existing Zoning Regulations where the owner of the unit is the primary occupant.
4 1 Zoning Regulations Section 17.72.040.D. Minimum Number of Spaces Required in Downtown Core.

Within the downtown-commercial (C-D) zone, the following parking standards and incentives shall apply:
… (3) Residential uses, hotels and motels, and bed and breakfast inns: One-half that required in Table 3- 4: Parking Requirements by Use.
2 MC Section 4.30.015. Parking In-Lieu Fee Area. Properties located within the area enclosed by a bold solid line on the parking in-lieu fee area map may pay parking in-lieu fees as established by council, in lieu of providing required on-site parking spaces as outlined in Sections 17.16.060 and 17.42.020 of this code. 3 MC Section 17.72.050.C. Other Parking Reductions. Required parking for any use may be reduced by up to 10 percent through Director approval of a Director’s Action. Required parking may be reduced by more than 10 percent through Planning Commission approval. However, no reduction shall be made in addition to any reductions for shared parking permitted through subsection B (Shared Parking Reduction) of this Section, above.
4 MC Section 17.86.160. Homestay Rentals. …The operator of the homestay shall annually provide verification of primary residence through the homeowner’s property tax exemption or other appropriate documentation.

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Item 7a – CODE-0017-2023 (Downtown Flexible Density Program) Page 4

5. Inclusionary Housing Requirements. “Can you give an example of how a project could have both be part of the Flexible Density Program but still be required to meet the IHO for commercial spaces or housing units larger than 600 sq ft?” Response: In consideration of the example project site that was identified in the Council Agenda Report and as further described in Tables 1 and 3, staff has prepared an example scenario of a project under the flexible density program that would also be subject to the Inclusionary Housing Ordinance. In the example project, the base density allowance was identified as 8.26 density units, which could provide for eight two-bedroom units at 1,000 square feet each, for simplicity it can be assumed that the ground floor of 10,000 square feet would be dedicated to commercial uses, and all remaining area of the project could be provided for flexible density units. By using an average unit size of 500 square feet for simplicity, the example project could provide for 24 flexible density units, see Table A below for how this example project would be evaluated under the Inclusionary Housing Requirements;
Table A - Inclusionary Housing Requirements Example Project Example
Project
Number of
Units
Size of
Units
Fee
Ratio In-lieu Fee Inclusionary Requirement
Flexible Unit 24 500 sf* N/A $ - 0
Standard
Rental Unit 8 1,000 sf $20/sf $ 160,000 In-lieu fee or
provide 1 Unit
Commercial
Space 10,000 sf $5/sf $ 50,000 N/A
Total: $ 210,000 1 Unit
* sf = square feet
Under the Inclusionary Housing Ordinance, a developer can choose to pay the inlieu fee or provide the required inclusionary unit within the project. The commercial linkage fee is not an in-lieu fee and must be paid upon building permit issuance.

6. 500-Unit Limit. “There was concern in some of the public feedback received that because the number of units allowed in this program are so small, that a few developers would scoop up all the allowed units in a short period of time and monopolize the market. Is this possible and can it be prevented?” Response: Staff intends to bring the program back to Council once half the units under the program are either entitled or permitted. The 500-unit limit was provided as a smart growth strategy to ensure that public services and associated infrastructure remain available for all uses throughout the Downtown Core. Any changes to the program that may increase the 500-unit limit would require additional environmental review to assess any impacts to public services or utilities.

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 20, 2023
TO: Mayor and Council
FROM: Michael Codron, Community Development Director
VIA: Kyle Bell, Housing Coordinator
SUBJECT: ITEM 7A - INTRODUCE AN ORDINANCE AMENDING TITLE 17 (ZONING

REGULATIONS) TO PROVIDE A DOWNTOWN FLEXIBLE DENSITY
PROGRAM (CODE-0017-2023)
The following memorandum provides City staff responses to comments received from a Council member regarding the Downtown Flexible Density Program. Staff determined it would be helpful to provide this memo to all Council Members and the public, as the responses offer clarification regarding the proposed program.

1. Owner Occupancy. “...to prevent new units built under flexible density from becoming vacant second homes in the downtown. I’m wondering: (1) If an owner occupancy requirement is legally permissible? (2) If not, is there something that may have a similar effect?”
Response: As proposed, the Downtown Flexible Density Program allows for ownership units to be created, but is expecting the vast majority of units to be rentals.

There are very few owner-occupied housing units in the City that are the size of flexible density units (600 square feet or less). The only required units to be owner-occupied in the City have been on a volunteer basis by the property owner/developer. That said, the ability to impose an owner-occupancy requirement may be feasible given the voluntary nature of the program (e.g. it is a program that a developer may elect to participate in). If the Council would like for staff to pursue an owner-occupancy requirement for flexible density units, additional time would be needed to research legal issues and develop appropriate municipal code language.

2. Inclusionary Housing Exemption. “I’m curious if the determination to waive the inclusionary housing requirements came out of an economic analysis that led us to believe that the IHO would make building these types of units too expensive for developers to profit?”
Response: The recommendation is not based on an economic analysis, but follows direction provided by the City Council when the Inclusionary Housing Ordinance was updated on August 16, 2022. As part of the update, Council eliminated Table 2A

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Item 7a – CODE-0017-2023
Downtown Flexible Density Program
Agenda Correspondence Memo Page 2
(Inclusionary Housing Adjustment Factors) and advised staff to explore other options for incentivizing housing production of smaller units. The Flexible Density Program is intended to accomplish this by allowing more residential density without increasing affordable housing requirements. However, these projects are not exempt from the Inclusionary Housing Ordinance in total. Inclusionary Housing Requirements would remain in effect for all other components of a project, including the commercial linkage fee for retail floor area, and the in-lieu fee for the residential units that are larger than 600 square feet.

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Item 7a
Department: Community Development
Cost Center: 4003
For Agenda of: 3/21/2023
Placement: Public Hearing
Estimated Time: 90 Minutes
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Housing Coordinator and Ryan Tomlinson, Intern SUBJECT: INTRODUCE AN ORDINANCE AMENDING TITLE 17 (ZONING

REGULATIONS) OF THE MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT PROGRAM 2.15 AND POLICY 6.6 TO PROVIDE A

DOWNTOWN FLEXIBLE DENSITY PROGRAM

RECOMMENDATION
Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code to incorporate a Downtown Flexible Density Program for qualifying residential projects.

Project is consistent with the previous Mitigated Negative Declaration for the 2018 Comprehensive Zoning Regulations Update (Downtown Flexible Density Program, CODE-0017-2023)” and adopt an Addendum to the previous environmental review determination.

POLICY CONTEXT
The proposed Downtown Flexible Density Program is intended to implement the City’s General Plan 6
th Cycle Housing Element Program 2.151 and Policy 6.62
. The program is
also intended to implement policy objectives under the Land Use Element, Downtown Concept Plan, Access and Parking Management Plan, Active Transportation Plan, and Climate Action Plan (CAP) for Community Recovery. For more detailed information on the policy context of the Downtown Flexible Density Program see Attachment B (Policy Context Summary).

1 Housing Element Program 2.15: Evaluate a flexible density pilot program and initiate an update of the Zoning Regulations and Community Design Guidelines to incorporate flexible density development options in Downtown Core and portions of Upper Monterey and Mid-Higuera Special Focus Areas to support the production of 50 smaller residential units (150 to 600 square feet) per year during the planning period. 2 Housing Element Policy 6.6: Consistent with the City’s goal to stimulate higher density infill where appropriate in the Downtown, Upper Monterey, and Mid-Higuera Special Focus Areas, the City shall consider changes to the Zoning Regulations that would allow for flexible density standards that support the development of smaller apartments and efficiency units.

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Item 7a

REPORT-IN-BRIEF
Updating the City of San Luis Obispo's Zoning Regulations (Municipal Code Title 17) to accommodate flexible density is a significant effort tied directly to the City's Major City Goal for Housing and Homelessness (2021-23 Major City Goal). The concept of the flexible density program was specifically identified throughout the 2020 Housing Element Update as an opportunity to incentivize housing production within the City’s urban core and support the production of smaller residential units (Program 2.15 & Policy 6.6). The main goals of the program are to help address the local housing demand by facilitating increased higher density residential infill development in the downtown area near employment centers, incentivizing smaller units, and diversifying the City’s housing stock.

The Downtown Flexible Density Program offers housing developers more "flexibility" from standard density limitations, without imposing any increase to the scale or height of structures within the Downtown. To further promote the program, qualifying housing units constructed under the Program would be exempt from the City's Inclusionary Housing Requirements. In addition, reduced parking requirements are recommended for the area outside of the Downtown parking district boundaries, where parking requirements are already significantly reduced.

DISCUSSION
Background
California is amid a housing crisis. Communities throughout the State are challenged with accommodating their fair share of housing production, many of which are exploring innovative solutions to that challenge. Housing is an essential element to a healthy downtown district. Providing for housing in the commercial core of a community generates a constant flow of foot traffic to support nearby retailers, services, restaurants, and other businesses. The concentrated mix of retail, office, and entertainment typical of a downtown locates residents within walking distance of most daily activities. The Downtown Flexible Density Program Incorporates a higher density of residential uses that creates a more vibrant, desirable downtown economy without changing restrictions for building height and scale.

The concept of the alternative density thresholds for the City’s Downtown was first envisioned through the 2014 Land Use Element (Program 2.15). In 2018, as part of the Comprehensive Update to the City’s Zoning Regulations, the City’s consultant working on the update (MIG Consultants) provided a White Paper detailing the concept of Flexible Density. This concept was memorialized in the 2020 Housing Element Update as an opportunity to incentivize housing production within the City’s urban core and support the production of smaller residential units (Program 2.15 & Policy 6.6). The flexible density program was also specifically identified under the 2021-23 Major City Goals for Housing and Homelessness.

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Item 7a
Applicability
The General Plan Land Use Element Figure 4 (Downtown Planning Area and Core) establishes the boundaries of the Downtown Core and Planning Area. The Downtown Core includes three zoning designations, Downtown Commercial (C-D), Retail Commercial (C-R), and Public Facilities (PF). It should be noted that not all C-D zoned properties are located within the Downtown Core (as shown in Figure 1 below).

To qualify under the Downtown Flexible Density Program, a subject property will need to be located within the Downtown Core and within either the C-D or C-R zoning districts.

Figure 1: Map of the Downtown Core Boundaries

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Item 7a
Program Overview
The City’s existing development standards calculate residential capacity through fractional density allocations. While Density Units (du) are measured based on the area of a lot per acre (du/ac), the size of a dwelling unit is also a factor in the density allocation3.

Studio and one-bedroom dwellings less than 600 square feet are equal 0.50 du, while a 2-bedroom is equal to 1.0 du. Table 1 describes the residential capacity of an example property under existing density standards.

Table 1 – Residential Capacity Under Existing Density Standards C-D or C-R
zone
Lot Area
(sf*) Acres Density Allowance
Available
Density
Maximum
Number of Units
Less than 600 sf
Example
Property 10,000 0.23 36 du/acre 8.26** 16
*sf = square feet
**Density allocations round only to the nearest hundredth.

As part of the Downtown Flexible Density Program, density standards are proposed to be reduced from 0.5 du to 0.0 du for qualifying dwelling units that are less than 600 square feet in size (limited to studio or one-bedroom configurations), within the Downtown Core.

The limit to the number of qualifying units under the proposed program would be determined by existing development standards that establish the building area potential of a property which is commonly referred to as maximum Floor Area Ratios 4 (FAR).

Standards for building intensity for non-residential uses such as mixed-use, commercial, and industrial development are measured by FAR. FAR is the relationship between the total amount of usable floor area in a structure and the total area of the lot on which a structure is built. The higher the ratio, the greater intensity of development. In the case of mixed-use developments5, density standards are only applied to the residential component of a project, while FAR standards are applied to the entire structure or development on the property. Table 2 provides a summary of the applicable development standards for properties within the Downtown Core in addition to FAR limitations.

3 Municipal Code (MC) Section 17.70.040.A.1 – Density Calculation – General. Density Units are calculated based on the net area of a property subject to thresholds established per zone… different size dwellings have density unit values as follows: (a) Studio and one-bedroom dwellings less than 600 square feet = 0.50 unit; (b) One-bedroom dwellings between 601 and 1,000 square feet = 0.66 unit; (c) Twobedroom dwelling = 1.00 unit; (d) Three-bedroom dwelling = 1.50 units; (e) Dwelling with four or more bedrooms = 2.00 units.
4 MC Section 17.158.017. F Definitions. Floor Area Ratio (FAR) The net floor area of a building or buildings on a lot divided by the lot area.
5 MC Section 17.156.028- Mixed-Use Development. A development that combines both nonresidential and residential uses, where residential uses are typically located above or behind the commercial.

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Item 7a
Table 2 – Existing Development Standards for the Downtown Core Development Standards C-D
Downtown Commercial
C-R
Retail Commercial
Maximum Density 36 du/acre
Minimum Street Yard No street setback
Minimum Other Yard As provided in zone of adjacent lot, or Edge Conditions Maximum Building Height 50-75 feet6 45 feet
Maximum Floor Area Ratio 3.0 – 4.0 FAR; varies with
building height7 3.0 FAR
Maximum Lot Coverage 100%
Minimum Lot Area (sf*) 3,000 9,000
Minimum Required Parking Half the requirement of
Table 3-4
8 Table 3-4: Parking
Requirements by Use
*sf = square feet
The proposed Program would modify the allocation of residential capacity from du/acre to FAR allowances of an individual property as the threshold for the maximum number of qualifying units. Table 3 outlines the example property’s residential capacity under the proposed Program for qualifying units with an average size of 550 square feet by using FAR (excluding building area reserved for ground floor commercial).

Table 3 - Residential Capacity Under the Downtown Flexible Density Program C-D or C-R zone:

Example Property
Lot Area
(sf*)

3.0 FAR
(sf)
Ground Floor
Commercial (sf)
Remaining
Building
Area (sf)
Maximum Number
of Units w/
Average size of
550 sf
Existing Standards 10,000 30,000 10,000 20,000 16 units Proposed Change 10,000 30,000 10,000 20,000 36 units**
* sf = square feet
** This example is intended to provide a simplification of the residential capacity of a property under the proposed Program and is not intended to represent the actual number of units that could be built on a property, which may be more limited due to Building Code Standards such as life safety and access requirements.

6 MC Section 17.32.020. Table 2-18 (C-D Zone Development Standards). Maximum Building Height.

Maximum height may be increased up to 75 feet with the provision of defined community benefits, as set forth in Section 17.32.030.E (Maximum Building Height in C-D Zone). 7 MC Section 17.32.020. Table 2-18 (C-D Zone Development Standards). Floor Area Ratio. 3.0 – maximum allowed for buildings up to 50 feet in height. 3.75 – maximum allowed for buildings approved greater than 50 feet in height. 4.0 – maximum allowed for approved buildings over 50 feet in height with transfer of development credits for open space protection or historic preservation. See also Section

17.70.060 (FAR Measurement and Exceptions)
8 MC Section 17.72.030.D – Minimum Number of Spaces Required in the Downtown Core. the downtown-commercial (C-D) zone, the following parking standards and incentives shall apply: … (3) Residential uses, hotels and motels, and bed and breakfast inns: One-half that required in Table 3-4:

Parking Requirements by Use.

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Item 7a
As described by Housing Element Program 2.15, the proposed Program is intended to incentivize the construction of smaller housing units within the City's Downtown Core.

Specifically, the proposed Program includes incentives to increase residential density, partially reduce parking requirements, and exempt applicability of the Inclusionary Housing Ordinance for qualifying units. The program also expands ground floor residential use prohibition and clarifies density bonus applicability. Importantly, the program does not modify the recently implemented streamlined development review process or modify any other site development standards that would affect building area.

Finally, the proposed Program includes a sunset provision that is consistent with the 6th Cycle of the Housing Element. A summary of the key features of draft ordinance has been provided below for City Council’s consideration.

Summary of Draft Ordinance Key Features:
1) Density Incentive. Reduce residential density standards from 0.5 du to 0.0 du for qualifying dwelling units that are less than 600 square feet in size (limited to studio or one-bedroom configurations), within the Downtown Core. Housing units larger than 600 square feet in size shall be subject to standard density requirements. 2) Ground Floor Uses. Prohibit residential dwellings on the ground floor for properties in the C-R zone within the Downtown Core to be consistent with existing development requirements in the C-D zone, to ensure the commercial character of the Downtown. 3) Applicability to Downtown Core. Establish the Downtown Core as the initial boundary for properties zoned C-D and C-R as eligible under the Program. 4) Parking Requirement Incentive. Reduced parking requirements in the C-R zoned portion of the Downtown Core for qualifying dwelling units to match the current C-D zone parking requirements (1 space for every two units, plus 1 guest space for every 10 units). This parking reduction in the C-R zone would be limited only to qualifying units. All other units larger than 600 square feet, and all commercial areas shall be subject to standard parking requirements in the C-R zone. No changes are proposed to parking requirements in the C-D zone. Residents within the Downtown Core are eligible to participate in the Downtown Residential Overnight Parking Program. 5) Inclusionary Housing Exemption Incentive. Exempt qualifying dwelling units from Inclusionary Housing Requirements as an incentive for property owners and developers to increase the number of residential units within the Downtown Core under the Program. Standard Inclusionary Housing Requirements shall apply to units larger than 600 square feet, and all new commercial space. 6) Density Bonus Projects. Projects which include a request for a density bonus in accordance with Government Code Section 65915 (Density Bonus Law) are not eligible for the Downtown Flexible Density Program. Density Bonus Law provides developers with powerful tools to encourage the development of affordable housing.

The Downtown Flexible Density Program is designed as an alternative option to promote housing production in the commercial core of the community. Developers may choose to pursue an application to address residential capacities through density bonus or flexible density, not both.

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Item 7a
Density Bonus and the Downtown Flexible Density Program provide similar objectives for increasing residential capacity, however, they are not compatible with one another.

Staff does not recommend combining the two programs as the provisions that are afforded under the Downtown Flexible Density Program would be inconsistent with the provisions under Density Bonus Law, specifically regarding the elimination of applying density thresholds for units of less than 600 square feet. 7) Program Duration. Program is set to expire on January 1, 2029, consistent with the 6 th Cycle Housing Element, or until 500 qualifying units are entitled or permitted under this program, whichever occurs first. This duration allows a measured approach for the program that allows opportunity to evaluate success in advance of setting the next stage of long-range land use and housing strategies.
8) Development Review Process. No changes to the development review process are proposed.
9) Site Development Standards (i.e. FAR, Lot Coverage, Setbacks, and Height). Other than density thresholds and parking requirements in the C-R zone, no other changes to development standards are proposed as part of the Program. 10)Vacation Rentals. Vacation Rentals9 have been prohibited in the City of SLO since 2007 (Ordinance No. 1500). In 2015, the City Council adopted the Homestay Rental Ordinance (Ordinance No. 1611), that allows an owner-occupied unit to rent out bedrooms for fewer than 30 consecutive days at a time, subject to the provisions under MC Section 17.86.160 (Homestay Rentals). Vacations rentals would continue to be prohibited under the Downtown Flexible Density Program, however, owner-occupied condominiums created through this program may be eligible for the Homestay program on a case-by-case basis, subject to discretionary review. The City is in contract with Host Compliance Services to identify and contact illegal vacation rentals and homestays throughout the community.

Planning Commission Recommendation (Reduced Parking Requirements) On February 22, 2023, the Planning Commission (PC) reviewed the draft Downtown Flexible Density Program and unanimously recommended the City Council adopt the ordinance (Attachment D), with a recommendation for staff to explore options to reduce or remove parking requirements for qualifying units under the Program as a method to reduce housing costs (vote 4-0-2) (2.22.23 PC Report and Meeting Minutes).

Response: The Program as presented to the PC did not include any changes to existing parking requirements for the development of properties within the Parking In-Lieu Fee District. However, staff is recommending that the parking requirements be reduced by half for qualifying units in the C-R zone, which is outside of the in-lieu fee district, for program consistency throughout the Downtown Core.

9 MC Section 17.156.044 (V Definitions). Vacation Rentals. A dwelling or part of a dwelling or recreational vehicle, where lodging is furnished for compensation for fewer than 30 consecutive days…

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Item 7a
As discussed during the PC hearing, there are challenges related to further decreasing the parking requirements for qualifying units under the program, specifically regarding the potential fiscal impact associated with properties subject to the Parking In-Lieu Fee District10.

Based on the complete build-out of the 500 residential units under the Program there is an estimated increase in parking demand of between 100 – 200 parking spaces (under existing parking requirements) within the Parking In-Lieu Fee District boundaries. If property owners chose to provide parking through the In-Lieu Fee District rather than providing parking on-site, this could generate approximately $3.4 – $6.9 million11 in new revenues that would be dedicated for providing for the development or maintenance of parking facilities (e.g. Cultural Arts District Parking Structure). Removing or reducing parking requirements for properties within the In-Lieu Fee District would increase demand on the existing parking facilities and result in deficiencies of funding for new parking facilities and maintenance of existing facilities.

In consideration of the 2023 Access and Parking Management Plan Strategy 1.B.3 “Evaluate the current parking in lieu fee program” was identified as a strategy to provide further evaluation of the effectiveness of the In-Lieu Fee program and consider opportunities to allocate fees towards active transportation programs. Staff does not advise any additional reductions to parking requirements within the In-Lieu Fee program until a more detailed and comprehensive evaluation of the program is completed.

In response to PC’s direction, staff is not recommending any further parking reductions for the program at this time. This is due to the loss of revenue to the City’s Parking Fund that has occurred over the last several years from the effects of the pandemic, inflation, and rising construction costs. However, projects proposed within the Downtown Core can currently benefit from existing regulations that allow for discretionary parking reductions in accordance with MC Section 17.72.050.C (Other Parking Reductions) 12 .

PUBLIC ENGAGEMENT
According to the Public Engagement and Noticing (PEN) manual, the process for the ordinance adoption would typically fall under inform/consult because the program is specifically identified in the Housing Element as a Policy and Program, and included as a work program item in the 2021-23 Financial Plan Housing & Homelessness Major City Goal.

10 MC Section 4.30.015 (Parking In-Lieu Fee Area). Properties located within the area enclosed by a bold solid line on the parking in-lieu fee area map may pay parking in-lieu fees as established by council, in lieu of providing required on-site parking spaces as outlined in Sections 17.16.060 and 17.42.020 of this code. 11 The $3.4 - $6.9 million revenue range was identified by projecting between 33-66% of the 500-unit buildout of the Program to occur within the Parking In-Lieu Fee District and that new developments would take advantage of paying the in-lieu fee rather than providing parking on-site. 12 MC Section 17.72.050.C. Other Parking Reductions. Required parking for any use may be reduced by up to 10 percent through Director approval of a Director’s Action. Required parking may be reduced by more than 10 percent through Planning Commission approval. However, no reduction shall be made in addition to any reductions for shared parking permitted through subsection B (Shared Parking Reduction) of this Section, above.

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Item 7a
However, the public engagement approach for this program followed the consult/collaborate approach due to the sensitivity of downtown and interest in housing needs for the community. The engagement efforts are summarized below; a) Consultations were held with the Planning Division, Utilities Department, Transportation & Parking Divisions, for collaboration and coordination on the components of the Draft Ordinance.
b) The Draft Ordinance was reviewed by the City’s Fire Department, Utilities Department, Building Division, Engineering Division, Parking Division, and Transportation Division.
c) The Program was posted on Open City Hall to provide a community forum discussion regarding increasing housing opportunities downtown. The survey has received 304 responses (58% in favor, 42% opposed). All public comments and recommendations from the survey are summarized in Attachment C. d) A news release was published on January 23, 2023. Interviews have been provided for: The Tribune, Cal Poly Mustang News, New Times, KSBY, and the Agenda Breakdown podcast.
e) Four stakeholder group interviews were conducted with 14 different interest groups. All stakeholder comments and recommendations are summarized in Attachment C.
f) A presentation was provided for the Downtown Association (February 14th), the Chamber of Commerce (February 16th), the Regional Housing Team (February 16th), and the Developer’s Roundtable (March 1st) to introduce the concepts of the program and facilitate discussion.
g) A public hearing was held by the Planning Commission (February 22nd) that received public input on the various components of the proposed program.

A more detailed overview of the public engagement efforts is provided in Attachment C (Public Engagement Summary), which includes a summary of the ideas and suggestions that came from public engagement efforts as they pertain to the scope of the proposed Program. Listed below are additional suggestions and ideas that are not considered to be within the scope of this Program, although, they are included in other staff work-programs. a) Expand down payment assistance programs throughout the City (BEGIN Program).
b) Expand the DROP program and provide discounts for low-income residents (included in approved Access and Parking Management Plan). c) Provide a bike share program (Included in Active Transportation Plan). d) Identify options for rental protection beyond State programs (Tenant Protection Act).
e) Consider expanding No Net Loss Housing Programs (Chapter 17.142) to further prevent displacement of existing households.
f) Create a local-preference homebuyer program (Housing Element Policy 6.7).

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Item 7a
Public notice of this hearing has been published in a widely circulated local newspaper, and hearing agendas for this meeting have been posted at City Hall, consistent with adopted notification procedures. Email notices have been provided for each public meeting to those on the interested parties list.

CONCURRENCE
Staff comments from Public Works, Utilities, Transportation, Parking, Fire, and Building and Safety, have been incorporated into the draft Downtown Flexible Density Program.

It should be noted that all proposed residential projects must comply with all objective City policies, thresholds of significance, development standards, and design standards for all City departments as established in, but not limited to, the General Plan, City Standard Specifications and Engineering Standards, Building and Fire Code Requirements, Active Transportation Plan, Transportation Impact Study Guidelines, Climate Action Plan, Community Design Guidelines and the City’s Municipal Code.

ENVIRONMENTAL REVIEW
Pursuant to CEQA Guideline 15164, an addendum to the Initial Study / Negative Declaration for the Zoning Regulations Update (GENP-0327-2017) was prepared for the proposed Downtown Flexible Density Program (Attachment A, Exhibit A). The addendum concluded the following:
i. Pursuant to Section 15162 of the State CEQA Guidelines, a subsequent environmental impact report is not required because:
a) The project changes do not result in new or more severe environmental impacts,
b) The circumstances under which the project is undertaken will not require major changes to the adopted Negative Declaration, and
c) The modified project does not require any new mitigation measures. ii. The proposed Downtown Flexible Density Program, including proposed amendments identified in this Addendum, would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the Housing Element.

The proposed Downtown Flexible Density Program and associated amendments to Municipal Code Title 17 are consistent with the scope of the previously approved Comprehensive Zoning Regulations Update. iii. The changes are consistent with State Law, the City of San Luis Obispo Climate Action Plan, and the City of San Luis Obispo General Plan.

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Item 7a

FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $N/A $ $ $
State
Federal
Fees
Other:

Total $ $ $ $
The implementation of Housing Element Programs was adopted as a part of the 2021 - 2023 Financial Plan. No additional Funding was allocated for implementation of Housing Element Program 2.15. However, all staff time and contract environmental review costs in the amount of approximately $60,000 required to develop the program are reimbursable through Senate Bill 2 (Building Homes and Job Act of 2017).

ALTERNATIVES

1. Continue the Project. An action continuing the project should include direction to the staff on pertinent issues that need further consideration.

2. Modify the Project. Council could amend the draft ordinance by adding, modifying, or removing incentives or features of the program. Staff does not recommend modifications to the 500-unit limit or expanding the program boundaries, as these changes may require further environmental review.
a. Change the project or program based on public input at the hearing. The Council should provide specific direction related to any changes requested by the public and agreed to by Council. Depending on the nature of changes, they can either be accommodated at the meeting or Council can continue the item to later date for further review.

3. Deny the Project. Council could direct staff not to pursue the Downtown Flexible Density Program.

ATTACHMENTS
A - Draft Ordinance approving a Downtown Flexible Density Program B - Policy Context Summary
C - Public Engagement Summary
D - Planning Commission Resolution No. 1070-23

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O _____
ORDINANCE NO. _____ (2023 SERIES)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING

REGULATIONS) OF THE MUNICIPAL CODE TO INCORPORATE A

DOWNTOWN FLEXIBLE DENSITY PROGRAM FOR QUALIFYING
RESIDENTIAL PROJECTS. PROJECT IS CONSISTENT WITH THE
PREVIOUS MITIGATED NEGATIVE DECLARATION FOR THE 2018

COMPREHENSIVE ZONING REGULATIONS UPDATE (DOWNTOWN
FLEXIBLE DENSITY PROGRAM, CODE-0017-2023)
WHEREAS, on February 5, 2019, the City of San Luis Obispo adopted a comprehensive update of the Zoning Ordinance (2018 Zoning Ordinance); and WHEREAS, on November 17, 2020, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on November 17, 2020, for the purpose of final adoption of the sixth cycle update to the General Plan Housing Element that included Program 2.15 that states, “Evaluate a flexible density pilot program and initiate an update of the Zoning Regulations and Community Design Guidelines to incorporate flexible density development options in Downtown Core and portions of Upper Monterey and MidHiguera Special Focus Areas to support the production of 50 smaller residential units (150 to 600 square feet) per year during the planning period”; and WHEREAS, the 6th Cycle Housing Element includes Policy 6.6 that states, “Consistent with the City’s goal to stimulate higher density infill where appropriate in the Downtown, Upper Monterey, and Mid-Higuera Special Focus Areas, the City shall consider changes to the Zoning Regulations that would allow for flexible density standards that support the development of smaller apartments and efficiency units”; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on February 22, 2023, for the purpose of considering the various amendments to Title 17 (Zoning Regulations) of the Municipal Code to implement the Downtown Flexible Density Program; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on March 21, 2023, for the purpose of considering the various amendments amendment to Title 17 (Zoning Regulations) of the Municipal Code to implement the Downtown Flexible Density Program;
WHEREAS, the City Council finds that the proposed amendment is consistent with the General Plan, Zoning Regulations, and other applicable City goals and policies as amended; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law.

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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 ORDAINED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Incorporation of Recitals. The City Council find that the foregoing recitals and administrative report presented with this ordinance are true and correct and are incorporated in the ordinance by this reference and adopted as the findings of the City Council.

SECTION 2. Findings. Based upon all the evidence, the City Council makes the following finding:

1. The proposed amendments to Title 17 to implement the Downtown Flexible Density Program will not cause significant health, safety, or welfare concerns since the amendments are consistent with the General Plan and directly implement City goals and polices.

2. The proposed amendments to Title 17 of the Municipal Code are consistent with the 6th Cycle Housing Element Program 2.15 which states “Evaluate a flexible density pilot program and initiate an update of the Zoning Regulations and Community Design Guidelines to incorporate flexible density development options in Downtown Core and portions of Upper Monterey and Mid-Higuera Special Focus Areas to support the production of 50 smaller residential units (150 to 600 square feet) per year during the planning period.”

3. The proposed amendment to Title 17 of the Municipal Code are also consistent with the 6th Cycle Housing Element Policy 6.6 which states “Consistent with the City’s goal to stimulate higher density infill where appropriate in the Downtown, Upper Monterey, and Mid-Higuera Special Focus Areas, the City shall consider changes to the Zoning Regulations that would allow for flexible density standards that support the development of smaller apartments and efficiency units.”

4. The proposed amendment to Title 17 of the Municipal Code are also consistent with the Land Use Element Program 2.15 (Residential Densities) which states “The City will evaluate alternatives to the current maximum number of dwelling units per acre (based on bedroom count) and height, parking, and setback standards, to regulate residential building intensity, and bulk and mass. Floor area limits will be considered.”
SECTION 3. Environmental Determination. Pursuant to CEQA Guideline 15164, an addendum to the Initial Study / Negative Declaration for the Zoning Regulations Update (GENP-0327-2017) was prepared for the proposed Downtown Flexible Density Program. The addendum concluded the following:

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Ordinance No. _____ (2023 Series) Page 3
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i. Pursuant to Section 15162 of the State CEQA Guidelines, a subsequent environmental impact report is not required because:
a) The project changes do not result in new or more severe environmental impacts,
b) The circumstances under which the project is undertaken will not require major changes to the adopted Negative Declaration, and
c) The modified project does not require any new mitigation measures. ii. The proposed Downtown Flexible Density Program, including proposed amendments identified in this Addendum, would make revisions, additions, corrections and clarifications to various sections of the Zoning Regulations to ensure consistency and successful implementation of the Housing Element. The proposed Downtown Flexible Density Program and associated amendments to Municipal Code Title 17 are consistent with the scope of the previously approved Comprehensive Zoning Regulations Update.
iii. The changes are consistent with State Law, the City of San Luis Obispo Climate Action Plan, and the City of San Luis Obispo General Plan.

Based on the foregoing, the City Council does hereby adopt the Addendum to the Initial Study Negative Declaration that was prepared for the Comprehensive Zoning Regulations Update for the Downtown Flexible Density Program, as provided in Exhibit A.

SECTION 4. Section 17.70.040.A.3, entitled “Maximum Residential Development Potential” is hereby amended to add a new subsection “a” entitled “Downtown Flexible Density Program”, and reads as follows:

3. Maximum Residential Development Potential. Maximum residential development potential shall be the net lot area (in whole and fractional acres), multiplied by the maximum density allowed (in density units per acre) according to Subsections A.1 through A.2, above. The resulting number (in density units, carried out to the nearest one hundredth unit) will be the maximum residential development potential. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential.
a. Downtown Flexible Density Program. Properties zoned C-D or C-R within the Downtown Core may be developed at a residential density that is greater than the base density for the zone in which the lot is located, subject to the provisions outlined in Chapter 17.141 (Downtown Flexible Density Program).

SECTION 5. Section 17.70.130.D.1.a, entitled “Ground Floor Limitations” is hereby amended to read as follows:

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a. Ground Floor Limitations. In the Downtown Core (as shown in Section

17.141.020, Figure 8-1) and the C-D zone, residential units shall not occupy any ground floor space. In all other zones, residential units shall not occupy more than 50 percent of the ground floor space within the first 50 feet of floor area measured from each building face adjacent to a street toward the rear of the building, with no more than 30 percent of the building frontage to be occupied by residential uses.

SECTION 6. Section 17.138.020.A, is hereby amended to add a new subsection “8”, and reads as follows:

A. This Chapter shall apply to all residential development projects, except the following types of residential development projects are exempt:

1. Residential additions, repairs, or remodels, provided that such work does not increase the number of existing dwellings;

2. The addition or inclusion of Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) associated with an existing or proposed residential or mixed-use development;

3. Affordable housing projects in which 100 percent of the dwellings to be built will be sold or rented in conformance with the City’s Affordable Housing Standards (excluding any on-site manager unit);

4. Housing projects that include a density bonus.

5. Emergency projects or projects which the Council determines are necessary to protect public health and safety;

6. Development projects which the Director determines are essentially noncommercial or nonresidential in nature, which provide educational, social, or related services to the community and which are proposed by public agencies, nonprofit agencies, foundations, and other similar organizations;

7. Projects which replace or restore a structure damaged or destroyed by fire, flood, earthquake, or other disaster within three years prior to the application for the new structure(s) (see Chapter 17.92 Nonconforming Structure);

8. Residential units that qualify under the Downtown Flexible Density Program (see Chapter 17.141).

SECTION 7. New Chapter 17.141, entitled “Downtown Flexible Density Program” is hereby added to Municipal Code Title 17 Article 8, to read as follows:

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Ordinance No. _____ (2023 Series) Page 5
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Chapter 17.141 – Downtown Flexible Density Program

17.141.010 – Purpose and Intent
The provisions in this Chapter are intended to carry out a key program directed by the 2014 General Plan Land Use Element, and the 2020 Housing Element to implement the Downtown Flexible Density Program. The Program is intended to facilitate the construction of smaller housing units within the City’s Downtown Core by relaxing density limitations for qualifying units and providing development standard incentives.

The Program will be in effect until January 1, 2029, or until 500 residential units have been entitled or permitted, whichever occurs first.

17.141.020 - Applicability
The Downtown Flexible Density Program eliminates residential density requirements for units less than 600 square feet in size. Projects that qualify under this Chapter may be developed at a residential density that is greater than the base density for the zone in which the lot is located.

A. Location. The Downtown Flexible Density Program shall only be available to properties zoned C-D or C-R within the Downtown Core as shown in the Figure 8- 1 (Downtown Core).

B. Residential Units. The Downtown Flexible Density Program is limited to studio or one-bedroom units that are less than 600 square feet, all other residential units 600 square feet or larger shall conform to the standard density limitations of the underlying zone.

1. The provisions of this Chapter shall not apply to projects that include a request for a density bonus in accordance with Section 17.140.040 (Standard Incentives for Housing Projects). Standard density limitations shall apply to any project that includes a request for a density bonus, in accordance with Section

17.70.040.A.1 (Density Calculation – General).

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Ordinance No. _____ (2023 Series) Page 6
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Figure 8-1: Downtown Core

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Ordinance No. _____ (2023 Series) Page 7
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17.141.030 - Development Standards Incentives
Applications submitted for review in accordance with this Chapter shall conform to all applicable development standards of the underlying zone, including but not limited to height, setbacks, floor area ratios, and building lot coverage, unless otherwise stated in this Chapter or prohibited by state law.

A. Residential Density. Residential units that are less than 600 square feet in size and limited to a studio or one-bedroom configuration may exceed the base density for the zone in which the lot is located, in accordance with all provisions of this Chapter. For the purposes of this Program, qualifying units shall have a density unit value of 0.0, rather than the standard 0.5 density unit.

1. Standard density limitations shall apply to all residential units that are larger than 600 square feet or include two or more bedrooms, in accordance with Section 17.70.040.A.1 (Density Calculation – General).

B. Inclusionary Housing Exemption. Residential units less than 600 square feet that are of a studio or one-bedroom configuration shall be exempt from inclusionary housing requirements, as described in Section 17.138.040 (Inclusionary Housing Requirements), subject to the following:

1. Commercial Linkage fees shall apply (Municipal Code Chapter 4.60).

2. Residential units 600 square feet or larger shall be subject to the standard Inclusionary Housing Requirements (Chapter 17.138: Inclusionary Housing Requirements).

C. Parking Requirements. Vehicle parking requirements shall be required in accordance with Chapter 17.72 (Parking and Loading), except as otherwise provided below;

1. Minimum Parking Requirements. Qualifying units under the Downtown Flexible Density Program shall require minimum parking rate of one-half that required in Table 3-4: Parking Requirements by Use.

17.141.040 - Review Procedures
All new construction projects including additions or alterations to existing buildings that include new units that qualify under this Chapter shall be subject to the City’s discretionary development review process, unless otherwise exempt, as outlined in Chapter 17.106 (Development Review).

17.141.050 - Program Duration
The Flexible Density Program shall have an initial duration consistent with the current Housing Element Cycle and expire on January 1, 2029, or until 500 new residential units are entitled or permitted under this program, whichever occurs first.

A. Exclusion of Affordable Housing Units. Housing units that are deed restricted as affordable to moderate-income or below households, as defined in the City’s Below Market Rate Housing Standards, will not count towards the 500-unit Program limit.

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Ordinance No. _____ (2023 Series) Page 8
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B. Pending Applications. Any application for new development that is deemed complete prior to the expiration of the Program term as established in this Section, may continue to be processed in accordance with this Chapter.

SECTION 8. Chapter 17.142, entitled “Downtown Housing Conversion Regulations” Figure 8-1 (Downtown Planning Area and Downtown Core) is hereby relabeled as 8-2, respectfully, including all text references throughout Title 17.

SECTION 9. Section 17.144.020, entitled “Standard Incentives for Housing Projects” subsection “D” is hereby amended to read as follows:

D. Dwellings affordable and enforceably restricted to residents with extremely low, very low, low, or moderate incomes, as defined in the City’s General Plan Housing Element, new dwellings in the Ddowntown Ccore (C-D zone as shown on the official zoning map), and legally established accessory dwelling units shall be exempt from these regulations. Enforceably restricted shall mean dwellings that are subject to deed restrictions, development agreements, or other legal mechanisms acceptable to the City to ensure long-term affordability, consistent with City affordable housing standards. In expansion areas, the overall number of units built must conform to the City approved phasing plan.

SECTION 10. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Ordinance, or any other provisions of the city's rules and regulations. It is the city's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

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Ordinance No. _____ (2023 Series) Page 9
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SECTION 11. Implementation. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

INTRODUCED on the ____ day of ______, 2023, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ___ day of ___, 2023, on the following vote:

AYES:

NOES:

ABSENT:
__________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk

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EXHIBIT A
Addendum to the Initial
Study/Mitigated Negative Declaration
for the 2018 Zoning Regulations
Update, San Luis Obispo, California
FEBRUARY 2023

PREPARED FOR
City of San Luis Obispo

PREPARED BY
SWCA Environmental Consultants

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update 11 ADDENDUM TO THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION FOR THE 2018 ZONING REGULATIONS

UPDATE, SAN LUIS OBISPO, CALIFORNIA
Prepared for
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Attn: Kyle Bell, Housing Coordinator
Prepared by
SWCA Environmental Consultants
1422 Monterey Street, Suite C200
San Luis Obispo, CA 93401
(805) 543-7095
www.swca.com
SWCA Project No. 71167.04
February 2023

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update i

CONTENTS
Introduction ..................................................................................................................... 2 Purpose of Addendum..................................................................................................... 2 Project Revisions ............................................................................................................ 4 Minor Technical Changes to the MND............................................................................. 5 Basis for Addendum...................................................................................................... 14

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update

INTRODUCTION
On February 5, 2019, the City of San Luis Obispo (City) adopted a Mitigated Negative Declaration (MND; State Clearing House [SCH] #2013121019) for the Zoning Regulations Update (project) and approved revisions to the Zoning Regulations that were focused on implementation of the policies and programs in the City’s General Plan Land Use and Circulation Element (LUCE).

Specifically, the revisions included specifying density for dwelling units less than 600 square feet in size as 0.50 density units, consistent with LUCE Policies 2.15 and 4.28. Since the Zoning Regulations update was consistent with the 2014 LUCE, the MND tiered with and incorporated, by reference, the City’s previously certified Program Final Environmental Impact Report (September 2014; FEIR; SCH #2013121019) prepared for the LUCE pursuant to State CEQA Guidelines Sections 15150, 15152, and 15168. The City is now seeking minor revisions from what was analyzed in the MND to amend the Zoning Regulations and revise the density for dwelling units less than 600 square feet in size that are in the Downtown Core from 0.50 density units to

0.00 density units (see discussion below).

The project would apply to the Downtown Core (as identified in the LUCE) on parcels zoned C-D (Downtown Commercial) and C-R (Retail Commercial), see Figure 1 below.

PURPOSE OF ADDENDUM
Pursuant to Section 21166 of CEQA and Section 15162 of the State CEQA Guidelines, when a lead agency has adopted an MND for a project, a subsequent MND does not need to be prepared for the project unless the lead agency determines that one or more of the following conditions are met:

1. Substantial project changes are proposed that will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes would occur with respect to the circumstances under which the project is undertaken that require major revisions to the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was adopted shows any of the following:
a. The project will have one or more significant effects not discussed in the previous MND;
b. Significant effects previously examined will be substantially more severe than identified in the previous MND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives; or
d. Mitigation measures or alternatives that are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update Figure 1. Downtown Core and Downtown Planning Area

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update Preparation of an Addendum to an MND is appropriate when none of the conditions specified in Section 15162 (above) are present and some minor technical changes to the previously adopted MND are necessary (see discussion below).

PROJECT REVISIONS
The MND analyzed revisions to the Zoning Regulations that included changing the City’s bedroom density approach and establishing a minimum density unit count in multi-unit zones. Studio and one-bedroom dwelling units less than 600 square feet in size (in all zones except AG, C/OS, and R-1), were assigned a density unit value of 0.50 (i.e., if a parcel has a maximum density allowance of 4, up to 8 units less than 600 square feet in size could be built).

The City now proposes to revise the density unit value of dwellings less than 600 square feet in size in the Downtown Core from 0.50 density units to 0.00 density units to facilitate the implementation of LUCE Policy 4.28, which calls for variable density and efficiency units1in the downtown.

The City uses floor-area-ratio (FAR) to regulate the intensity of uses through a combination of height and lot coverage standards. The existing maximum FAR in the C-D zone is 3.0 for structures up to 50 feet tall, 3.75 for structures over 50 feet tall, and 4.0 for structures over 50 feet tall that either include a transfer of development credits for open space or historic preservation.

The existing maximum FAR in the C-R zone is 3.0. The existing height limit in the C-D zone is 50 feet, or up to 75 feet with approval of a use permit from the Planning Commission contingent upon performance standards described in Section 17.32.030 of the Zoning Regulations. The maximum allowed lot coverage in the C-D zone is 100 percent. The existing height limit in the C-R zone is 45 feet.

The proposed revision would alter the traditional allocation of residential capacity in the Downtown Core away from density units per acre and only rely on the FAR allowances of individual parcels as the threshold for the maximum number of units less than 600 square feet (limited to a studio or one-bedroom configuration). Standard density limitations would apply for all units larger than 600 square feet. By relying on the FAR rather than density units per acre, a parcel could have greater flexibility in the number of qualifying units within the footprint of the structure. Residential uses on the ground floor would still be prohibited in the C-D zone due to the existing flood zone restrictions. The proposed revisions would not alter FAR, height, or lot coverage standards.

Based on the City’s Housing Element Development Capacity Calculation (Appendix E), and assuming an average 50% floor-area-ratio (FAR) dedicated toward residential uses, the maximum additional buildout capacity of the Downtown Core would be approximately 1,000 units, which would likely be single or double occupancy units. However, the draft ordinance proposes to limit the program to 500 units.

1 Efficiency units are defined by Health and Safety Code Section 17958.1 and are units that are a minimum of 150 square feet in size that may also have partial kitchen and bathroom facilities.

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update

MINOR TECHNICAL CHANGES TO THE MND
Aesthetics. The MND determined potential impacts resulting from the implementation of the Zoning Regulations Update may include blockage of views by construction equipment and staging areas; disruption of views by temporary signage; exposure of slopes and removal of vegetation; structural development within identified scenic areas; and view blockages by new structures, signs, and parking areas. The proposed density revisions would not alter the height, FAR, lot coverage, or design guideline standards and would not result in new development where such development is currently prohibited. No new or more significant aesthetic impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

Agriculture. The MND determined that buildout of the City pursuant to the Zoning Regulations Update would facilitate the development and redevelopment of residential uses in areas of the city near agricultural areas. The proposed density revisions would apply only to the Downtown Core and would not apply to land designated for agriculture or to land that is near agriculture areas. No new or more significant agriculture impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

Air Quality. The MND citing the 2014 LUCE FEIR identified inconsistencies with the assumptions used in the San Luis Obispo Air Pollution Control District’s (SLOAPCD’s) Climate Action Plan (CAP). This change was determined to be significant and unavoidable and a statement of overriding considerations was adopted by the City Council. The MND did not identify any new or more significant CAP consistency impacts beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed density revisions would exceed the population growth projections of the SLOAPCD CAP as the density is higher than what was accounted for. However, this impact was considered in the MND and the proposed density revisions would not substantially increase this projection (500 new units). No new or more significant SLOAPCD CAP consistency impacts would occur beyond what was identified in the MND, and no new mitigation measures are required.

The MND determined that future development projects proposed under the Zoning Regulations Update would require construction activity resulting in the generation of criteria air pollutants and ozone precursor emissions. The MND cited the 2014 LUCE FEIR which determined that adherence to relevant policies and implementation of SLOAPCD‐ recommended project‐ specific mitigation measures would reduce potential impacts associated with future development under the proposed Zoning Regulations Update to a less‐ than‐ significant level. The MND did not identify any new or more significant construction-related air pollutant emissions impacts beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed density revisions would not increase the total potential development of a parcel, which would still be governed by FAR, height, and lot coverage standards. No new or more significant construction-related air quality impacts would occur beyond what was identified in the MND, and no new mitigation measures are required.

The MND determined that future development projects proposed under the Zoning Regulations Update would involve the operation of development projects that would generate long-term emissions of criteria pollutants and ozone precursors. However, the MND also noted that consistent with the LUCE, the Zoning Regulations Update may result in beneficial environmental impacts on air quality by developing incentives in the Downtown area to reduce the use of cars, including provisions that would allow for corner stores in residential areas, further allowing upperstory residential uses in commercial areas, providing for an enhanced pedestrian experience in the Downtown, providing additional dwelling units within medium to high residentially-zoned

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update areas, maintaining rural character and protecting natural resource areas, incorporating further sustainability standards into land use regulations, and adjusting parking requirement to achieve multi-modal objectives identified in the General Plan. The MND did not identify any new or more significant construction-related air pollutant emissions impacts beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed density revisions would implement an incentive to reduce the use of cars by providing additional residential uses in the Downtown Core, in proximity to shopping, dining, transportation, and recreation, which may result in a beneficial environmental impact to air quality. No new or more significant operational air quality impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

The MND determined that the Zoning Regulations Update would not result in the exposure of sensitive receptors to substantial sources of local carbon monoxide concentrations, toxic air contaminants, or odors, based on the 2014 LUCE FEIR, because the Zoning Regulations Update would occur in areas of the City that were assessed in the 2014 LUCE FEIR. The proposed density revisions would not result in the placement of new sensitive receptors closer to existing sources of air pollution in comparison to existing conditions. No new or more significant impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

Biological Resources. The MND determined that future development pursuant to the Zoning Regulations Update would be required to comply with local, state, and federal laws and policies, and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts to special‐ status wildlife species. The MND determined that implementation of local policies, as well as compliance with state and federal laws and policies and the requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of project‐ specific mitigation measures where appropriate would reduce potential impacts to a less than significant level.

The proposed density revisions would apply to the Downtown Core, which is a largely built-up area with little remaining native habitat. San Luis Obispo Creek flows in a man-made channel and through a concrete tunnel beneath downtown San Luis Obispo emerging near Mission San Luis Obispo de Tolosa. Future development resulting from the proposed revisions would be subject to creek setback requirements and performance standards identified in the Zoning Regulations.

Additionally, Conservation and Open Space Element (COSE) Policy 7.3 requires that projects within or adjacent to known occurrences of Natural Communities of Special Concern, or in areas that have potential to contain one or more of these habitats, to have a site-specific biology report prepared and undergo individual project environmental review to determine the location, extent, and proposed impact to those habitats. No new impacts to biological resources beyond what was identified in the MND would occur and no new mitigation measures are required.

Cultural Resources. The MND, citing the 2014 LUCE FEIR, determined that development facilitated under the LUCE and Zoning Regulations Update could have an adverse impact on historical structures by damaging or destroying historical buildings or structures, diminishing the integrity of the context and setting of individual properties, or diminishing the integrity of the historical district. The loss of historic buildings or new developments within the existing historic districts that could impact historical resources was considered potentially significant. However, the policies and programs identified in the LUCE and COSE, the City’s Historic Preservation Ordinance, Historic Preservation Program Guidelines, Historic Context Statement, the City‐ designated Cultural Heritage Committee (CHC) policies and guidelines, and compliance with CEQA would directly address this impact. The MND did not identify any new or more significant impacts on historical resources beyond what was analyzed in the 2014 LUCE FEIR. The proposed

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update density revisions would not make any changes to the LUCE and COSE, the City’s Historic Preservation Ordinance, Historic Preservation Program Guidelines, Historic Context Statement, or the City‐ designated Cultural Heritage Committee (CHC) policies and guidelines and would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update.

No new impacts to historical resources beyond what was identified in the MND would occur and no new mitigation measures are required.

The MND determined that development facilitated under the Zoning Regulations Update would result in impacts to archeological and paleontological resources and human remains. This impact was determined to be less than significant with the adherence to the City’s Archaeological Resource Preservation Program Guidelines and compliance with federal and state regulations.

The MND did not identify any new or more significant impacts on archaeological and paleontological resources or human remains beyond what was analyzed in the 2014 LUCE FEIR.

The proposed density revisions would not make any changes to the LUCE and COSE, the City’s Historic Preservation Ordinance, Historic Preservation Program Guidelines, Historic Context Statement, or the City‐ designated Cultural Heritage Committee (CHC) policies and guidelines and would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update. No new impacts to archaeological and paleontological resources or human remains beyond what was identified in the MND would occur and no new mitigation measures are required.

Geology and Soils. The MND, citing the 2014 LUCE FEIR, determined that compliance with the California Building Code and the City’s General Plan would reduce geologic and seismic impacts to less than significant. The MND did not identify any new or more significant impacts on geological resources beyond what was analyzed in the 2014 LUCE FEIR. The proposed density revisions would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update. No new impacts to geological resources beyond what was identified in the MND would occur and no new mitigation measures are required.

Greenhouse Gas Emissions. The MND determined that the Zoning Regulations Update will be one of the principal tools for implementing the LUCE and will advance greenhouse gas reduction goals as mandated by the State (AB32, SB375) and the City’s CAP. The Zoning Regulations Update facilitates the development of a sustainable, multi-modal community to reduce per capita vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions through increased design standards, new design guidelines, and the imposition of general site regulations. New strategies in the updated Zoning Regulations include:
 As an incentive for increased height in the C-D zone and a community benefit for a PD overlay, having a developer provide net-zero energy construction features  Reducing the allowable pervious surface coverage in front yards of R-1 zones from 50 percent to 40 percent
 As an incentive for increased height in the C-D zone and a community benefit for a PD overlay, requiring a Transportation Demand Management (TDM) program that achieves measurable 20 percent mode shift and that is covenanted for long-term implementation  Allowing shared car services (e.g., ZipCar) spaces to be located in developments without increased parking requirements
 Parking requirements for alternative clean fuel vehicles  Requirements for showers, lockers and changing rooms for large developments

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update The MND did not identify any new or more significant impacts on GHG emissions beyond what was analyzed in the 2014 LUCE FEIR. The proposed density revisions would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update and would not change existing GHG policies of the City’s CAP or LUCE. No new GHG impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

Hazards and Hazardous Materials. The MND determined that allowing residential development in areas of commercial use or previous commercial use could expose occupants or construction workers to potentially hazardous materials including asbestos-containing materials and leadbased paint, but that compliance with LUCE and the Climate Adaptation and Safety Element (CASE) policies, City Demolition and Moving of Buildings Section 115 Public Safety Requirements, and state and federal regulations would reduce impacts to less than significant.

The MND did not identify any new or more significant impacts related to hazards and hazardous materials beyond what was analyzed in the 2014 LUCE FEIR. The proposed density revisions would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update and would not introduce residential uses in proximity to hazards beyond what was contemplated in the MND. No new impacts related to hazards and hazardous materials beyond what was identified in the MND would occur and no new mitigation measures are required.

Hydrology and Water Quality. The MND determined that potential development associated with the Zoning Regulations Update could result in the pollution of natural watercourses and/or underground aquifers. However, impacts were determined to be less than significant with the mandatory compliance of General Plan policies and the City’s Stormwater Quality Ordinance. The MND did not identify any new or more significant impacts related to hydrology and water quality beyond what was analyzed in the 2014 LUCE FEIR. The proposed density revisions would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update and would not increase the total development potential of a parcel, which currently allows 100% lot coverage. No new impacts related to pollution of natural watercourses and/or underground aquifers beyond what was identified in the MND would occur and no new mitigation measures are required.

The MND determined that the Zoning Regulations Update has the potential to increase the amount of impervious surface within the City, which could result in a decrease in percolation to the groundwater basin, the alteration of drainage patterns, and increases in the volume of surface runoff. Adherence to the City’s General Plan and compliance with the City’s Storm Water Management Program and Drainage Design Manual was determined to be adequate to reduce impacts from additional impervious surfaces to less than significant. The proposed density revisions would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update and would not increase the total development potential of a parcel, which currently allows 100% lot coverage. No new impacts related to additional impervious surfaces beyond what was identified in the MND would occur and no new mitigation measures are required.

The MND determined that future development resulting from the Zoning Regulations Update could result in new development within a 100-year floodplain and introduce structures in areas that could impede or redirect flood flows. Adherence to the City’s Floodplain Management Zone Regulations, the Waterway Management Program, the Drainage Design Manual, and the Stream Management and Maintenance Program was determined to be sufficient to ensure that impacts from flooding remain less than significant. The proposed density revisions would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update and would not increase the total development potential of a parcel, which currently allows 100% lot coverage.

No new impacts related to flooding beyond what was identified in the MND would occur and no new mitigation measures are required.

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update Land Use/Planning. The MND determined that the update to the Zoning Regulations would not result in the division of the community. The proposed density revisions would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update and would introduce new uses or infrastructure that could divide a community. No new impacts related to additional impervious surfaces beyond what was identified in the MND would occur and no new mitigation measures are required.

The MND, citing the 2014 LUCE FEIR, determined that the Zoning Regulations Update would make the Zoning Regulations consistent with the LUCE by including standards and requirements that: facilitate protection of the environment, including hillsides, creeks, surface and groundwater, soils, and air quality; include development and redevelopment standards that support a wellbalanced community; and maintain and where appropriate adapt the City form to preserve open space, create compact, mixed-use neighborhoods that locate housing, jobs, recreation, and other daily needs in close proximity to one another, protect the quality of life in established neighborhoods through compliance with proposed edge conditions regulations, and encouraging multi-modal transportation. Impacts related to environmental policy consistency were determined to be less than significant. The proposed density revisions would not allow new development in areas not contemplated by the LUCE or Zoning Regulations Update. Future land uses that occur pursuant to the proposed density revisions would be required to conform to all applicable regulations and standards of the updated Zoning Regulations and the LUCE. No new impacts related to additional environmental policy consistency beyond what was identified in the MND would occur and no new mitigation measures are required.

Mineral Resources. The MND determined that there are no mineral resource recovery sites within the city and that implementation of the Zoning Regulations Update would have no impact on mineral resources. The proposed density revisions would not be located in areas of the city no contemplated by the Zoning Regulations Update. No new impacts related to mineral resources would occur, there would be no impact, and no new mitigation measures are required.

Noise. The MND, citing the 2014 LUCE FEIR, determined that development constructed pursuant to the Zoning Regulations Update would result in construction activities that could generate noise levels that exceed the standards of the City’s Noise Control Ordinance. This impact was determined to be significant and unavoidable and a statement of overring considerations was adopted by the City Council. The MND did not identify any new or more significant construction noise impacts beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed density revisions would not allow construction in areas not contemplated by the LUCE or Zoning Regulations Update and would not increase the construction potential of a property which would still be governed by FAR, height, and lot coverage standards.

No new impacts related to noise beyond what was identified in the MND would occur and no new mitigation measures are required.

The MND determined that consistent with the analysis and conclusions in the 2014 LUCE FEIR, implementation of the Zoning Regulations Update would result in increased traffic volumes and associated noise levels along major transportation routes. New development associated with the Zoning Regulations Update could also result in the siting of new sensitive receptors in close proximity to transportation noise sources such as major roadways and the railroad, with the potential to exceed the land use compatibility and transportation noise exposure standards in the existing Noise Element. Future development is required to comply with the City Noise Element and Noise Control Ordinance which require site-specific mitigation for development; therefore, impacts were determined to be less than significant. The proposed density revisions would not allow construction in areas not contemplated by the LUCE or Zoning Regulations Update and

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update would not increase the construction potential of a property which would still be governed by FAR, height, and lot coverage standards. No new impacts related to transportation noise beyond what was identified in the MND would occur and no new mitigation measures are required.

The MND, citing the 2014 LUCE FEIR, determined that the Zoning Regulations Update could facilitate development that would increase stationary source noise levels exceeding the thresholds of the City’s Noise Element and Noise Control Ordinance. Noise Element policies and standards would require all future development to comply with the City’s adopted noise standards, noise mitigation procedures, and sensitive land use siting policies, including site‐ specific noise studies and mitigation measures, if necessary, to ensure that the development meets noise thresholds. Because the City’s Noise Element contains policies and programs that address and mitigate potential site‐ specific impacts for individual projects, this impact was determined to be less than significant. The proposed density revisions would not allow construction in areas not contemplated by the LUCE or Zoning Regulations Update, would not increase the construction potential of a property that would still be governed by FAR, height, and lot coverage standards, and would not alter the policies and standards governing noise. No new impacts related to stationary source noise beyond what was identified in the MND would occur and no new mitigation measures are required.

Population/Housing. As documented in the 2014 LUCE FEIR, as of January 2013, the City has a population of 45,541, and is expected to have a population increase of 4,613 people by 2035.

LUCE Policy 1.11.2 Residential Growth Rate, states that the City shall manage the growth of the city's housing supply so that it does not exceed one percent per year, on average, based on thresholds established by Land Use Element Table 3 [One Percent City Population Growth Projection]. Because of the annual growth rate limitation, impacts were determined to be less than significant. The MND did not identify any new or more significant impacts on the population beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required.

Based on the 2021 General Plan Annual Report, the City has maintained a 0.81 percent growth rate since 2015. Housing in the Downtown Core (C-D Zone) is exempt from the City’s Residential Growth Ordinance, so the potential increase in residential units would not be in conflict with the General Plan. The proposed density revisions would positively impact the jobs-to-housing ratio within the City, which is consistent with LUCE Policy 1.5 which states that the City’s housing stock should keep pace with the growth in employment so that the jobs-housing balance would not worsen. The proposed density revisions would not result in new or more significant impacts beyond what was identified in the MND and no new mitigation measures are required.

The MND determined that the Zoning Regulations Update would not result in a loss of housing or displace existing residents. Housing Element Program 3.10 states that “continue to encourage the creation of dwellings in the Downtown Core (C-D Zone) and the Downtown Planning Area by continuing the "no net housing loss" program, consistent with Chapter 17.86 (Downtown Housing Conversion Regulations) of the Zoning Regulations”. The Zoning Regulations Update retained the statement that “development projects within the Downtown Planning Area shall not result in a net housing loss.” The MND did not identify any new or more significant impacts beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed density revisions would not alter the no net loss requirements of the Zoning Regulations or Housing Element. No new or more significant impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update Public Services.

Fire. The MND cited the 2014 LUCE FEIR, which determined that new residential development facilitated by the LUE would place additional service demands on the San Luis Obispo Fire Department (SLOFD) and that the increased service demands would have the potential to result in a significant environmental impact if new or physically altered fire service facilities would be required to ensure that the City’s four-minute response standard was achieved. Mitigation was identified in the 2014 LUCE FEIR that the Safety Element be updated to include policy so that new development can only be approved when adequate fire services and facilities are available or would be made available by the new development. The MND did not identify any new or more significant impacts to fire services beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required. The Safety Element was recently updated in 2023 as the Climate Adaptation and Safety Element (CASE) which includes Policy FI-5.3 (City-Wide FireSmart New Development) that ensures that adequate fire services and facilities are available for all new developments. The proposed density revision would have the potential to increase the residential population in the Downtown Core. However, CASE Policy FI-5.3, which replaced the Safety Element policy referenced in the MND, would not be altered, and future development could only be approved if adequate fire services and facilities exist. No new or more significant fire service impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

Police. The MND cited the 2014 LUCE FEIR, which determined that new residential development facilitated by the LUE would place additional service demands on the San Luis Obispo Police Department (SLOPD) and that the increased service demands would have the potential to result in a significant environmental impact if new or physically altered police service facilities would be required to ensure that the City’s officer to population standard was achieved. However, this impact was determined to be less than significant because new or altered police facilities to meet the officer-to-population standard would be required to meet community design guidelines, and its location would need to meet the response time needs of the community. The MND did not identify any new or more significant impacts on police services beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed density revision would have the potential to increase the residential population in the Downtown Core. With additional officers, there could be additional need for evidence and equipment storage, locker space, area to park police vehicles, and support staff (and their associated space needs) necessary to support additional officers. However, consistent with the MND, the proposed density revisions are unlikely to result in adverse physical impacts associated with the provision of new or altered facilities needed to maintain the existing ratio of officers to the population served because any new or reconstructed facility would be required to meet community design guidelines, and its location would need to meet the response time needs of the community. No new or more significant impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

Schools. The MND determined that residential development associated with the Zoning Regulations Update would increase the population of the City which would likely increase the number of children attending the City’s public schools. With the payment of Government Code Section 65970 school impact fees, impacts were determined to be less than significant. The MND did not identify any new or more significant impacts to school facilities beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required. The proposed density revision would have the potential to increase the residential population in the Downtown Core, but all new development would be required to pay any applicable school impact fees. No new or more significant schools impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

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EXHIBIT A: Addendum to IS/MND for the 2018 Zoning Regulations Update Parks. Citing the 2014 LUCE FEIR, upon buildout of development allowed by the LUCE and Zoning Regulations, the City’s parkland per capita would increase from 3.32 acres per 1,000 residents to 3.44 acres per 1,000 residents with the addition of approximately 52 acres of parkland. The MND determined that impacts to parks would be less than significant as projects are evaluated on a case-by-case basis to determine the level of project-specific open space or park area required. The MND did not identify any new or more significant impacts to park facilities beyond what was identified in the 2014 LUCE FEIR and no mitigation measures were required.

The proposed density revision would have the potential to increase the residential population in the Downtown Core by 500 units, which would require approximately 5-10 additional acres of parkland to meet the City’s goal of 10 acres per 1,000 residents. However, consistent with the MND, all projects implemented as a result of the proposed density revisions would be evaluated on a case-by-case basis to determine the level of project-specific open space or park area required. No new or more significant park impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

Recreation. The MND determined that existing General Plan policies applicable to the development of future recreational facilities would reduce potential environmental impacts to less than significant. Most of the future parkland to be provided in the city would be constructed as part of the buildout of previously approved (Margarita, Orcutt, San Luis Ranch, Avila Ranch, Froom Ranch) Specific Plans. There are several park and recreation facilities within the Downtown Planning Area (Figure 1), including Cheng Park, Mitchell Park, Triangle Park, Mission Plaza, Mission Plaza Extension, San Luis Creek Open Space, Jack House Gardens, Emerson Park, and Ludwick Community Center. Planned parks in the Downtown Planning Area include Monterey Street Plaza, Toro/Marsh Pocket Park, Courthouse Park, Higuera Street Plaza, Rosa Butron Adobe, and Diagonal Paseo. The proposed density revisions would be required to comply with existing General Plan policies for construction of new recreational facilities; however, due to the built-out condition of the Downtown Core, it is unlikely that new or additional recreation facilities would be constructed as a result of development facilitated by the proposed density revisions. No new or more significant recreation impacts beyond what was identified in the MND would occur and no new mitigation measures are required.

Transportation/Traffic. The MND, citing the 2014 LUCE FEIR, determined that development facilitated by the Zoning Regulations Update would result in significant and unavoidable impacts on congestion on the City’s roadways (level of service), specifically to the following eight roadway segments would experience significant impacts due to increases in volumes: Broad (entire corridor south of South Street, South – Orcutt, Orcutt – Tank Farm Road and Buckley – South City Limit); Chorro (Foothill – Lincoln; Los Osos Valley Road (just west of the City Limits); and Prado (US 101 – Higuera and Higuera – Broad). The MND did not identify any new or more significant impacts to roadway congestion and no mitigation measures were required.

After the adoption of the MND, the CEQA checklist was revised to replace level of service (congestion) with vehicle miles traveled (VMT) as the preferred metric for evaluating a project’s transportation impacts, in compliance with SB 743. In June 2020, the City formally adopted the transition from LOS to VMT for the purposes of CEQA evaluation and also established local VMT thresholds of significance. While VMT was not specifically analyzed in the 2014 LUCE FEIR, its current inclusion in the CEQA checklist does not warrant an analysis of the entire project unless the project changes would result in new or more severe significant environmental impacts or unless there is new information of substantial importance that was not known at the time of the 2014 LUCE FEIR.

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