San Luis Obispo City Council
June 20, 2023

City Council
AGENDA

Tuesday, June 20, 2023, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be supported. For those attending in-person, the Council Chamber will be at limited capacity and masks are strongly recommended. Council meetings may be viewed remotely on Channel 20 and the City's YouTube Channel: http://youtube.slo.city
INSTRUCTIONS FOR PUBLIC COMMENT:

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

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

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

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

Public Comment during the meeting:

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

Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.

Pages

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

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

3. PRESENTATIONS

3.a JUNETEENTH PROCLAMATION
Mayor Stewart will present a proclamation declaring the third Saturday in June as "Juneteenth Day."

3.b INTRODUCTIONS - COMMUNITY SERVICE OFFICERS AND SENIOR

OFFICERS WITH THE POLICE DEPARTMENT
Police Chief Rick Scott will introduce three new Community Service Officers and new senior officers.

3.c RECOGNITION OF COMMUNITY DEVELOPMENT DIRECTOR

MICHAEL CODRON'S RETIREMENT
City Manager Derek Johnson will present a proclamation recognizing the retirement of Michael Codron, City of San Luis Obispo Community Development Director.

3.d INTRODUCTION & OATH OF OFFICE - TIMMI TWAY, COMMUNITY

DEVELOPMENT DIRECTOR
City Manager Derek Johnson will introduce Timmi Tway, the new Community Development Director. City Clerk Teresa Purrington will administer CDD Director Tway's Oath of Office.

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

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

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

Recommendation:

To approve Consent Calendar Items 5a to 5l.

5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

5.b MINUTES REVIEW - JUNE 6, 2023 COUNCIL MINUTES 11
Recommendation:

Approve the minutes of the City Council meeting held on June 6, 2023.

5.c AUTHORIZE COLLECTION OF DELINQUENT SOLID WASTE

COLLECTION AND DISPOSAL ACCOUNTS
19 Recommendation:

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

5.d DOWNTOWN SLO AGREEMENT 2023-25 25
Recommendation:

Authorize the City Manager to finalize and approve the two-year agreement with Downtown SLO and other agreements as needed to execute the Downtown related initiatives in the 2023-25 Financial Plan.

5.e COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF

SAN LUIS OBISPO AND THE SENIOR CENTER EXECUTIVE BOARD
49 Recommendation:

Authorize the City Manager to execute an updated five-year community partnership agreement with the Senior Center Executive Board for continued use and operation of the Senior Center facility, located at 1445 Santa Rosa Street.

5.f CONSIDERATION OF THE 2022-2023 DEI SLO BUSINESS GRANT

FUNDING RECOMMENDATIONS
79 Recommendation:

As recommended by the Human Relations Commission,
approve the 2022-2023 DEI SLO Business Grant funding
allocations in the amount of $150,000; and

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

2. 5.g AUTHORIZATION TO ADVERTISE CORPORATION YARD FUEL

ISLAND AND WASH STATION REHABILITATION, SPECIFICATION
NO. 2000075-9.01
109
Recommendation:

Approve the Project Plans and Special Provision for the Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification Number 2000075-9.01; and

1. 2. Authorize staff to advertise for bids; and
Authorize the City Manager to award the construction contract for the bid total if the lowest responsible bid is within the Publicly Disclosed Funding limit of $700,000; and

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

4. Authorize an appropriation of $300,000 from the Capital Projects Reserve Fund to the project account (2000075-9.01); and

5. Authorize the Finance Director to return unspent Capital Reserve funding to the Capital Projects Reserve Fund balance after project completion; and

6. Authorize the Financial Director, upon completion of the project, to transfer the proportional project cost from the appropriate Enterprise Funds to the General Fund to support the project; and

7. Adopt a Draft Resolution entitled, “A Resolution of City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve fund to support the Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification Number 2000075-9.01.”

8. 5.h AUTHORIZATION TO ADVERTISE THE MISSION PLAZA CONCEPT PLAN PHASE 1 INCLUDING MISSION PLAZA RESTROOM, CAFÉ

KIOSK, ART KIOSK, AND PARK LIGHTING REPLACEMENT
PROJECT, SPECIFICATION NO. 91439-01
155
Recommendation:

Approve the project plans and specifications for the Mission Plaza Restroom and Kiosk project, Specification No. 91439-01; and

1. 2. Authorize staff to advertise bids; and
Authorize the City Manager to award the Construction Contract for the bid total if the lowest responsible bid is within the Publicly Disclosed Funding Limit of $2,400,000; and

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

4. Authorize staff to procure a temporary restroom trailer for the duration of the project within the available project budget; and

5. Approve the sole source of Steven Handelman Studios Light Fixtures including exterior wall fixtures and pedestrian park pole light fixtures for all Mission Plaza; and

6. Authorize the advertisement of a Request for Proposal (RFP) for a lease tenant for the Café Kiosk in a form approved by the City Attorney; and

7. Authorize the City Manager to execute the agreement with the preferred tenant.

8. 5.i 2023 UPDATE TO THE SLO CLIMATE COALITION MEMORANDUM

OF UNDERSTANDING
639
Recommendation:

Approve the updated Memorandum of Understanding between the City of San Luis Obispo and the SLO Climate Coalition.

5.j PROHOUSING DESIGNATION PROGRAM APPLICATION 647
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing application to and participation in the Prohousing Designation Program” authorizing the City Manager to:

Submit a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD); and if the application is approved by HCD,

1. Execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program.

2. 5.k AUTHORIZATION TO ADVERTISE RUTH AND IRIS STREETS’ CULVERT REPLACEMENT, SPECIFICATION NUMBER 2090742-01
693
Recommendation:

Approve the project plans and specifications for Ruth and Iris Streets’ Culvert Replacement, Specification Number 2090742- 01; and

1. 2. Authorize staff to advertise for bids; and
Authorize the City Manager to award the construction contract for the lowest responsible bid if within the Engineer’s Estimate of $275,000; and

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

4. 5.l AUTHORIZATION TO APPLY FOR THE CALIFORNIA FIRE
FOUNDATION 2023 STATEWIDE CLIMATE-RELATED WILDFIRE &

DISASTER PREVENTION AND PREPAREDNESS GRANT
725
Recommendation:

Authorize the Fire Department to apply to the California Fire Foundation 2023 state-wide climate-related wildfire & disaster prevention and preparedness grant in an amount up to $25,000 and sign a required City Council Authorization Letter; and

1. Authorize the City Manager, or their designee, to execute the grant documents and approve the budget changes necessary to appropriate the grant amount upon notification that the grant has been awarded.

2. 6. PUBLIC HEARING AND BUSINESS ITEMS

6.a FIRE DEPARTMENT 2022 ANNUAL REPORT (Estimated Time: 45 minutes)
731
Recommendation:

Receive and file the Fire Department’s 2022 Annual Report.

6.b POLICE DEPARTMENT 2022 CRIME COMPARISON AND MILITARY EQUIPMENT USE ANNUAL UPDATE (Estimated Time: 60 minutes) 805
Recommendation:

Receive and file the 2022 Police Department Crime Report and Military Equipment Use Annual Report.

6.c ADOPTION OF THE BROADBAND PLAN (Estimated Time: 45 minutes) 939 Recommendation:

1. Receive and adopt the Broadband Plan; and
Authorize staff to apply for any current and future grant opportunities that become available to support Broadband Plan implementation; and

2. Amend the Fiscal Year 2023-2024 Capital Improvement Project List to include a project titled “Broadband Plan Implementation” (Project No. 2001063) utilizing funds (SLFRF/ARPA) previously allocated by Council for the Broadband Study; and

3. Authorize staff to advertise a Request for Proposals for the “Broadband Plan Implementation” project in a form approved by the City Engineer and City Attorney, with a scope of design and engineering for implementation of Phase 1 and Phase 1B of the conceptual network design; and

4. Authorize the City Manager to award the design and
engineering contract if within the project budget.

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

8. ADJOURNMENT
The City Council will hold a rescheduled Regular Meeting on Tuesday, July 11, 2023 with Closed Session at 4:30 p.m. in the Council Hearing Room and the Regular Meeting at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. The Council will not meet on their regularly scheduled meeting day, July 4, 2023, due to the Independence Day holiday.

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

The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.

City Council meetings are televised live on Charter Channel 20 and the City's YouTube Chanel: http://youtube.slo.city. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website
https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.
1 Council Minutes
June 6, 2023, 5:30 p.m.

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

Present:

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

1. CLOSED SESSION: STARTS AT 4:30 PM

1.a CALL TO ORDER
Mayor Erica A. Stewart called the Closed Session Meeting of the San Luis Obispo City Council to order at 4:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo with Vice Mayor Marx attending virtually.

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comments:

None
---End of Public Comment---

1.c CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(APN 053-012-028 & 020)
ACTION: City Attorney Christine Dietrick indicated no reportable action was taken.

1.d CONFERENCE WITH LABOR NEGOTIATORS
ACTION: City Attorney Christine Dietrick indicated no reportable action was taken.

1.e ADJOURNMENT
The City Council adjourned the Closed Session at 5:40 p.m. to the Regular Meeting of the City Council on June 6, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

2 2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on June 6, 2023 at 5:45 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart, with all Council Members present except for Vice Mayor Marx, who participated virtually.

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

4. PRESENTATIONS

4.a INTRODUCTIONS - NICOLE VERT, FIRE DEPARTMENT

ADMINISTRATIVE ANALYST, AND SAMMY FOX, DEPUTY FIRE CHIEF Fire Chief Todd Tuggle introduced Nicole Vert, Administrative Analyst, and Sammy Fox, Deputy Fire Chief.

4.b HUNGER AWARENESS DAY PROCLAMATION
Mayor Stewart presented a proclamation declaring June 2, 2023, as "Hunger Awareness Day" to Garret Olson on behalf of the San Luis Obispo Food Bank.

4.c PRIDE MONTH PROCLAMATION
Mayor Stewart presented a proclamation declaring the month of June as "Pride Month" to Elissa DeHart and Dusty Colyer-Worth on behalf of the Gala Pride and Diversity Center.

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

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

Glenn Grego
Tyler Coorri
Hailey Powell
Noa Tuliau
Andre King
Diego Cervantez
Edwin Madrid
Jordan Schliefer
Sadie Maine
--End of Public Comment--

3 6. CONSENT AGENDA
Motion By Council Member Shoresman
Second By Council Member Pease
To approve Consent Calendar Items 6a to 6i.

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

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

6.b MINUTES REVIEW - MAY 9, 2023 AND MAY 16, 2023 COUNCIL

MINUTES
Approve the following minutes of the City Council:
 May 9, 2023 - Special Closed Session Meeting
 May 16, 2023 - Regular Meeting

6.c SECOND READING OF ORDINANCE NO. 1729 (2023 SERIES) TO REPEAL AND REPLACE MUNICIPAL CODE TITLE 16 (SUBDIVISION

REGULATIONS) TO APPROVE A COMPREHENSIVE UPDATE TO THE

SUBDIVISION REGULATIONS
Adopt Ordinance No. 1729 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, repealing Title 16 (Subdivision Regulations) of the Municipal Code in its entirety and introducing and adopting a replacement Title 16 to include recommended updates and amendments as reflected in the attached Exhibit A” (CODE0155-2023).

6.d AMENDMENT NO. 1 TO THE ENHANCED EMERGENCY SERVICES

AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY
Authorize the City Manager to execute Amendment No 1. to the Enhanced Emergency Services Agreement with California Polytechnic State University (Cal Poly), approving a one-year extension (July 1, 2023, until June 30, 2024) to the existing agreement.

4 6.e AUTHORIZATION TO CONTINUE THE COLLECTION OF MULTIDWELLING PROPERTY FIRE AND LIFE SAFETY INSPECTION FEES Adopt Resolution No. 11424 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Auditor to collect fees for 2023-24 Fire and Life Safety Inspections of Multi-Dwelling Properties containing three or more dwelling units on the Secured Property Tax Roll pursuant to California Government Section 54988, Et Seq.”

6.f AUTHORIZATION TO ADVERTISE FIRE STATION #1 FLEET
MAINTENANCE ROOF, SPECIFICATION NO. 2000075-5.01

1. Approve the project plans and special provisions for the Fire Station #1 Fleet Maintenance Roof, Specification Number 2000075-5.01; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award the construction contract for the bid total if the lowest responsible bid is within the engineer’s estimate of $250,000; and

4. Authorize a budget transfer of $63,563.00 from the City Hall Meeting Room Tenant Improvement project account (2000055) to the Fire Station #1 Fleet Maintenance Roof project account (2000075-05.01)

6.g ADVISORY BODY APPOINTMENTS - CULTURAL HERITAGE

COMMITTEE AND TOURISM BUSINESS IMPROVEMENT DISTRICT
BOARD
Confirm the appointments of Benjamin Arrona to the Cultural Heritage Committee (CHC) and Sandy Sandoval to the Tourism Business Improvement District Board (TBID).

6.h APPROVE A FUNDING CONTRIBUTION AGREEMENT WITH THE

COUNTY OF SAN LUIS OBISPO FOR BUCKLEY ROAD IMPROVEMENTS Adopt Resolution No. 11425 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager to execute a Funding Contribution Agreement with the County of San Luis Obispo to fund Buckley Road Improvements” to contribute $230,000 in fees paid by the Avila Ranch development to San Luis Obispo County for Buckley Road transportation improvements.

5 6.i ADOPTION OF A RESOLUTION ACKNOWLEDGING RECEIPT OF A REPORT ON THE SAN LUIS OBISPO FIRE DEPARTMENT’S

COMPLIANCE WITH CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 13146.2 AND 13146.3 PURSUANT TO SENATE BILL 1205 Adopt Resolution No. 11426 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, acknowledging receipt of a report on the San Luis Obispo Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3 pursuant to Senate Bill 1205.”

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a CONSIDERATION OF THE 2023-25 WATER RATES
(Estimated Time: 20 minutes)
Utilities Director Aaron Floyd and Utilities Administrative Analyst Shane Whittington provided an in-depth staff report and responded to Council questions.

Public Comments:

Donna Shanske
Tom O'Connor
---End of Public Comment---
Motion By Vice Mayor Marx
Second By Council Member Shoresman

1. Receive and file the Comprehensive Water Rate Study, April 2023; and

2. Adopt Resolution No. 11427 (2023 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, establishing the Water Service Rates for Financial Plan 2023-25” provided there is no majority protest against the proposed water rates; and

3. Find the action statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code 21083 and 21080(b)(8) and State CEQA Guidelines Section 15273 (Rates, Tolls, Fares, and Charges).

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

6 7.b CONSIDERATION OF THE 2023-25 SEWER RATES
(Estimated Time: 20 minutes)
Motion By Vice Mayor Marx
Second By Council Member Shoresman

1. Receive and file the Comprehensive Sewer Rate Study, April 2023; and

2. Adopt Resolution No. 11428 (2023 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, establishing the Sewer Service Rates for Financial Plan 2023-25” provided there is no majority protest against the proposed sewer rates; and

3. Find the action statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code 21083 and 21080(b)(8) and State CEQA Guidelines Section 15273 (Rates, Tolls, Fares, and Charges).

Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)
At 8:30 p.m., Vice Mayor Marx announced that she would be leaving the meeting.

7.c ADOPTION OF THE 2023-25 FINANCIAL PLAN AND FISCAL YEAR 2023-24 BUDGET (Estimated Time: 90 minutes)
Finance Director Emily Jackson and Principal Budget Analyst Natalie Harnett provided an in-depth staff report and responded to Council questions.

Public Comments:

Christian O'Neal
Leann Standish
---End of Public Comment---
Vice Mayor Marx left the meeting at 8:30 PM
Motion By Council Member Shoresman
Second By Council Member Francis
Adopt Resolution No. 11429 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the 2023-25 Financial Plan and Fiscal Year 2023-24 Budget.”

7 Ayes (4): Council Member Francis, Council Member Pease, Council Member Shoresman, and Mayor Stewart
Absent (1): Vice Mayor Marx
CARRIED (4 to 0)

8. LIAISON REPORTS AND COMMUNICATIONS
Council Member Pease announced that SLOCOG will adopt the final version of the regional transportation plan at their June 7, 2023 meeting.

Council Member Shoresman attended several events including the HSOC meeting, the State of the City presentation at City Hall, and the ‘Textures’ opening event.

Council Member Francis attended the Nacimiento Commission meeting, an Air Pollution Control District meeting, and a CAPSLO meeting.

9. ADJOURNMENT
The meeting was adjourned at 10:17 p.m. The next Regular City Council Meeting is scheduled for June 20, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2023

Item 5c
Department: Utilities
Cost Center: 6107
For Agenda of: 6/20/2023
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Chris Lehman, Deputy Director – Wastewater Meg Buckingham, Solid Waste and Recycling Manager
SUBJECT: COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND

DISPOSAL ACCOUNTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Item 5c

ALTERNATIVES
The City Council could choose not to approve the recommended action if it believes San Luis Garbage Company has not taken the actions prescribed in the Municipal Code and Amended and Restated Franchise Agreements. The City’s Municipal Code Section 8.04.070 and Sections 6.3 and 7.3 of the Amended and Restated Solid Waste and Recyclable Material Franchise Agreements between the City of San Luis Obispo and San Luis Garbage Company provides a process for San Luis Garbage Company to collect payment for delinquent solid waste collection and disposal accounts.

The sections further identify the City Council to adopt a Resolution authorizing the San Luis Obispo County assessor to assess the amounts due on delinquent account as liens against the properties. Based on the information provided to the City, staff has determined that San Luis Garbage Company has taken the actions prescribed in the Municipal Code and franchise agreement to collect delinquent solid waste collection and disposal accounts.

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

R _______
RESOLUTION NO. _______ (2023 SERIES)

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

OBISPO, CALIFORNIA, AUTHORIZING THE SAN LUIS OBISPO

COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT

SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS

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

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

Property Owner Parcel
Number Property Address Amount
ALVAREZ, DOMINICA 053-512-036 1703 SPOONER DR $ 204.66
BEUHL, JACKSON 002-511-006 415 DANA ST APT 1 $ 124.30
BOSTORM, RUTH D 052-203-004 1259 STAFFORD ST $1,113.78
CONWELL, HEATHER 052-155-007 28 S TASSAJARA DR $ 296.26 FLORES, CHERYL 003-746-035 2143 BROAD ST $ 395.58
GUEL, RETTA 052-382-032 260 DONNA WAY $ 127.42
HABIT BURGER 002-427-001 839 HIGUERA ST $ 290.44
LCAP I LLC 003-531-001 641 PISMO ST APT 2 $ 122.00
MANUELS LIQUOR 003-746-035 2145 BROAD ST $ 350.82
PERRY, REBECCA 002-511-006 415 DANA ST APT 1 $ 136.14
PETERSON, KATHLEEN 052-294-017 362 N TASSAJARA DR $ 101.34

Resolution No. _______ (2023 Series) Page 2
R _______
Property Owner Parcel
Number Property Address Amount

RODERS, LEONARD &
MERLE
053-263-067 67 CONTENTA CT $ 376.88

SLO PRO

PRODUCTIONS
053-041-078 46 PRADO RD $ 146.54
SNYDER, CHARLES 053-182-029 3191 S HIGUERA ST $ 645.08
SNYDER, CHARLES C 003-645-008 1815 CHORRO ST $ 269.00
SNYDER, CHUCK 003-564-007 1672 FAIRVIEW ST $ 250.78
SYMONEAU, JAMES 003-737-006 2046 KING ST $ 208.84
THEULE, CHAD H 052-351-003 93 E FOOTHILL BLVD $ 92.21
WALTERS, GEORGINA 053-300-020 1286 CHAPARRAL CIR $ 269.46 ZHENG, LANI LUO 004-611-050 1351 ROYAL WAY APT 18 $ 248.76 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

Item 5d
Department: Administration
Cost Center: 1004
For Agenda of: 6/20/2023
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Lee Johnson, Economic Development Manager
SUBJECT: DOWNTOWN SLO AGREEMENT 2023-25

RECOMMENDATION
Authorize the City Manager to finalize and approve the two-year agreement with Downtown SLO and other agreements as needed to execute the Downtown related initiatives in the 2023-25 Financial Plan.

POLICY CONTEXT
The City’s current Economic Development Strategic Plan identifies that a thriving downtown contributes to the City’s position as the cultural and economic hub of the region and increases general awareness of San Luis Obispo as a special place. In addition, the 2023-25 Major City Goal of Economic Resiliency, Cultural Vitality and Fiscal Sustainability has several tasks specific to the City’s partnership with Downtown SLO (DSLO) including:
- 1.3a: Continue to partner with Downtown SLO to ensure the promotion, resiliency, growth, and vitality of the Downtown.
- 1.3b: Continue to financially and operationally support Downtown SLO during the winter holidays including incentivizing private participation through the matching program.
- 1.3c: Continue to support the Downtown SLO programs like Clean & Safe, the Ambassadors and homelessness support.

DISCUSSION
Background
DSLO is a 501(c)(6) non-profit organization whose mission is to foster an economically vibrant downtown. Part of this is accomplished through Ordinance 649 (1975 Series) that created the Downtown Parking and Business improvement Area (BIA). This Ordinance allows the City to collect revenue from businesses located in the Downtown Business Improvement Area. The current assessment is $150 per year. Fee revenue from the assessment is budgeted at $275,400 for FY 2023-24.

Item 5d
The agreement (Attachment A) is the foundation of the City’s partnership with DSLO to ensure the success of the Downtown. This agreement specifies various events and activities to be managed by Downtown SLO to benefit downtown businesses including Farmers’ Market, Concerts in the Plaza, and seasonal holiday events. In addition to the revenue collected from the assessment, the City also provides added funding of $60,000 to supplement the DSLO Clean and Safe Ambassador Program which provides litter and graffiti removal, sidewalk and gutter sweeping, and other cleaning beyond the baseline services provided by the City. This funding allows for an additional full-time ambassador position and includes a 100% matching requirement creating funding for another ambassador. This funding was previously under a separate contract, but is now included in the overall agreement as Exhibit E. Another new addition to the agreement is $25,000 in funds for a potential program to upgrade the tree lighting downtown (Exhibit B page 12) which also has a matching component.

Finally, the City is also planning to allocate up to $150,000 per year in funding for the Holiday Plaza lighting and downtown activations. This funding will be covered under a separate contract to allow for the time needed to plan those activities.

Other minor language changes were made to the agreement to better reflect the working relationship between Downtown SLO and the City including:

1. Removing the COVID related language (various locations).

2. Updating the financial reporting requirements to simplify the process (Item 3 page 2).

3. Changing some language to provide additional clarity on roles (various locations).

Previous Council or Advisory Body Action
On June 15, 2021, the Council approved the last two-year agreement with DSLO.

Public Engagement
Through forums and surveys, community members expressed a desire for downtown vitality to remain a focus as part of the 2023-25 Major City Goals. In addition, community members may provide feedback on this item at or before the Council meeting.

CONCURRENCE
The proposed agreement for Downtown SLO has the concurrence of the Administration, Police, Parks and Recreation, Public Works, Utilities and Finance departments as well as the City Attorney.

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

Item 5d

FISCAL IMPACT
Budgeted: Yes Budget Years: 2022-23, 2023-24, 2024-25
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $445,0001 $445,000 $0 $210,0002
Other (Special
Fee District):
$556,3003 $0 $556,3004 NA
Total $1,001,300 $445,000 $556,300 $210,000

ALTERNATIVES

1. The City Council may choose to not authorize the City Manager to negotiate and approve the two-year agreement and other related agreements. This is not recommended as Downtown Vitality is a key component of the Major City Goal of Economic Resiliency, Cultural Vitality and Fiscal Sustainability.

2. The City Council may choose to approve partial funding for the agreement. This is not recommended as the proposed agreements are cost-effective tools in advancing the City’s economic development initiatives.

ATTACHMENTS
A - Downtown SLO Agreement 2023-25

1 Amount represents budgeted amounts in 2023-25 Financial Plan, including $150,000/year for holiday lighting and activations, $60,000/ year for Clean and Safe and $25,000 one-time cost for the tree lighting upgrade.
2 The $25,000 for the potential tree lighting upgrade is from the 2022-23 budget and is a one-time cost, not included in annual ongoing cost.
3 The budget for the downtown assessment is $275,400 for 2023-24 and $280,900 for 2024-25 and is not part of the General Fund contribution but is shown for reference. 4 This balance is not part of the General Fund but is shown for reference.

1 AGREEMENT
THIS ECONOMIC DEVELOPMENT AGREEMENT is made and entered into in the City of San Luis Obispo on _____________________________, by and between the DOWNTOWN SLO, a 501(c)(6) non-profit corporation organized under the laws of the State of California, with a place of business at 1135 Chorro Street, San Luis Obispo, California 93401 ("DSLO"), and the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city ("City").

W I T N E S S E T H:

WHEREAS, on October 6, 1975, the City Council adopted, and subsequently amended on various occasions, Ordinance 649 (1975 Series) (collectively, "the Ordinance") creating the Downtown Parking and Business Improvement Area (“BIA”) in the downtown area of San Luis Obispo, and levying the authorized assessment on all businesses within that area; and WHEREAS, the City and DSLO have benefited from a close working relationship for the benefit of business and tourism in the downtown area of San Luis Obispo since the inception of the Downtown Parking and Business Improvement Area in 1975 and desire to continue their relationship for the betterment of tourism and business; and WHEREAS, DSLO is uniquely qualified to provide the promotional activities services contemplated under this contract due to its intimate knowledge of downtown, unique connection to businesses in the downtown, and its long experience producing and providing promotional services for the benefit of DSLO members; and WHEREAS, DSLO has historically added substantial value to the events produced under contract with the City by utilizing the financial resources of its membership and dedication of its staff that in total far exceed the BIA assessment revenues; and WHEREAS, DSLO brings experienced and competent management of the subcontractors that it hires for the contracted events; and
WHEREAS, both parties acknowledge that the Thursday Night Farmers’ Market, Concerts in the Plaza, and Holiday Activities are unique events that activate the downtown city streets and public areas and draw visitors; and
WHEREAS, having determined that promotional activities to benefit business and tourism activities in the downtown area of San Luis Obispo are an appropriate use of BIA assessment proceeds since such activities are expected to maintain andincrease revenues derived by the City from the downtown area and to preserve and enhance the unique character of the downtown for the special benefit of downtown area businesses, and further, having determined that DSLO is able to conduct such promotional activities, the City Council desires to contract with DSLO to conduct promotional activities in the downtown area of San Luis Obispo using BIA assessment proceeds; and

2 WHEREAS, the City is authorized to enter into a contract to provide services to the members of the BIA and to administer the assessment collected for that purpose; DSLO, a 501(c)(6) organization, wishes to enter into this contract with the City to provide agreed upon services to the BIA members.

NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows:

1. Term/Termination. The term of this Agreement will commence July 1, 2023, and on June 30, 2025, to match the two-year budget cycle of the City. The contract may be renewed upon approval of the Agreement, including the Scope of Services, by the City Council. The City or DSLO may terminate this Agreement and any rights, duties, and liabilities accruing in this Agreement at any time by giving written notice of election to terminate to the other party with at least thirty (30) days written notice.

2. Scope of Services. DSLO will conduct promotional activities to benefit business, cultural, and tourism activities in the downtown area of the City, more specifically set forth in this Agreement as the Scope of Services, attached hereto as Exhibit A and incorporated as if fully set forth herein, as limited by State law and the Ordinance, and subject to any modifications approved in writing by the City Manager.

During the term of the contract, the Scope of Services, Exhibits A and E may be amended by mutual consent of the parties. The City Manager is hereby authorized to approve periodic amendments to Exhibits A and E without further consent by Council to the extent that any such amendments do not result in the elimination of required Special Events, as set forth in Exhibit A.

Additionally, DSLO will provide the services listed in Exhibit E as it relates to the cleanliness and safety downtown for $60,000 per year.

3. Financial Reporting. DSLO will prepare and file with City, consistent with City policy, quarterly financial reports within 60 days after the end of the quarter showing qualifying expenditures made by DSLO and shall, upon request by City, produce supporting invoices, receipts, vouchers and statements showing how the BIA revenues have been expended consistent with this Agreement. Such financial reports shall be in a format approved by the Finance Director.

The reports will be filed with the City Finance Director consistent with the City’s financial reporting policies and practices, and as reasonably requested by the Finance Director.

In addition to interim quarterly reports, DSLO shall provide an annual compilation of DSLO’s financial operations related to qualifying revenues and expenses. Said compilation shall be completed every year, at the end of the contract period and shall show the purposes to which the BIA funds were applied by providing the name and date of the event and the allocation of BIA funds relative to the costs of the event. The compilation shall be in a format approved by the Finance Director. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or

3 provide any assurance that there are no material modifications that should be made to the financial statements. DSLO’s fiscal year shall be July 1 to June 30; and the compilation shall be completed and submitted to the City’s Finance Director within 180 days of the fiscal year end. The City reserves the right to request an audit of DSLO financial statements and DSLO agrees to comply with such a request. The City will be responsible for 50% of the costs of the Audit

4. Quarterly Activity Reports. At the time the interim quarterly financial reports are filed, DSLO will also file with the City Manager a report of the activities of DSLO and its subcontractors and the respective accomplishments of each during the period specified in the financial report.

5. BIA Funding Restrictions. The parties acknowledge that BIA funds shall be used exclusively for activities within Exhibit A and that all BIA funds allocated by the City shall be subject to the restrictions imposed on BIA monies by the Ordinance and State law.

6. Limited Use of BIA Funds. DSLO will not use funds received pursuant to this Agreement for any purpose not enumerated in the Ordinance, including but not limited to, any expense (including administration and overhead) in support of a DSLO Political Action Committee or any other political entity or activity. The City recognizes that DSLO may engage in such activities on behalf of its members, independent of its contract with the City and does not attempt through this Agreement to limit those activities, so long as such activities do not utilize BIA funds.

7. Accounting for BIA Assessments. BIA funds may be used to finance fund-raising activities intended to generate additional revenue for use by DSLO. However, the sum of all BIA funds used for this purpose shall be accounted for and proceeds from the fundraiser equal to that sum shall be used for purposes stated in the Ordinance and conforming to the purposes of the assessment as defined by State law. Further, such use of BIA funds shall be specifically described in the periodic reports described in paragraph 2 of this Agreement.

8. City Support for DSLO Activities. The City will continue to provide staff support and services in accordance with DSLO’s Scope of Services attached hereto as Exhibit A. DSLO shall pay to the City the sum of One Hundred Forty-Five Dollars and 15/100 ($145.15) per market for set up and removal of barricades during the 2023-24 fiscal year. Said sum shall be adjusted each July 1 by the All-Urban Consumer Price Index, Los Angeles Area April to April twelve month average as published annually in May by the Bureau of Labor Statistics.

It is also agreed that DSLO will reimburse City for all costs incurred by City in providing services during the term of this Agreement relating to other DSLO events or promotional services not addressed in this contract. These costs will be determined and certified in accordance with City policies applicable to other nonprofit organizations and City will provide DSLO with invoices for such services, which will be due and payable by DSLO consistent with standard City policies and practices.

4 9. Monthly Remittance of BIA Funds to DSLO. The City will cause to be paid to DSLO the total amount of BIA funds collected by the City during each month within thirty (30) days of the end of the month. The City recognizes that DSLO relies on the City to collect the assessment and to enforce the payment of the assessment via its business license process. To ensure compliance with the Business Tax and License rules, the City and DSLO collaborate to encourage compliance. All businesses within the City are subject to the same rules and same enforcement procedures.

10. Monthly and Quarterly Remittance of Business Reports. The City will provide to DSLO monthly New Business Lists and Complete Business Lists (active licenses), Transient Occupancy Tax (TOT) Reports, and quarterly Sales Tax Updates and Sales Tax Reports specific to the downtown.

11. City Council Member and City Staff Rights to Attend DSLO Board Meetings. DSLO shall continue to notify the City via the City Manager or his/her appointed representative of all regular meetings of the Board of Directors and shall have the right to attend all such regular meetings.

12. Independence of DSLO. Neither the City nor any of its officers or employees will have any control over the conduct of DSLO or any of its employees, except as provided above, it being distinctly understood that DSLO is and at all times will remain as to the City, an independent contractor, and the obligations of DSLO to the City is solely as prescribed by this Agreement.

Employees of DSLO are not and shall not be construed to be employees of City for any purpose.

13. Electricity and Tree Lighting Program. The City and DSLO have agreed to work toward accomplishing additional goals set forth in Exhibit B relating to electricity for Downtown SLO Farmers’ Market and tree lighting. These provisions are separate and distinct from the Exhibit A Scope of Services for which BIA funds are provided.

14. Banner Program. The City and DSLO have agreed to work toward accomplishing additional goals set forth in Exhibit C relating to streetlight banner arm installation and banner displays.

These provisions are separate and distinct from the Exhibit A Scope of Services for which BIA funds are provided.

15. Farmers’ Market Encroachment Permit. DSLO shall have an encroachment permit for its Farmers’ Market activity. The encroachment permit will be valid for one year and may be extended by City upon DSLO submitting proof of adequate insurance.

16. Dispute Resolution between DSLO and its Subcontractors. DSLO shall include a dispute resolution clause in all contracts with subcontractors furnishing services related to contracted events. The dispute resolution clause shall provide a clear and concise process for resolution of disputes that arise between DSLO and itssubcontractors.

5 17. Assignment. This Agreement contemplates that DSLO will render special services that it is uniquely able to provide, and it is recognized by the parties that an inducement to City for entering into this Agreement was, and is, the ability of DSLO to render these special services.

Neither this Agreement nor any interest in this Agreement may be assigned by DSLO, except that DSLO may, on written consent of the City Manager or designee obtained in advance, assign any moneys due, or to become due, to DSLO for purposes consistent with this Agreement. DSLO agrees not to subcontract any portion of the performance contemplated and provided for in this Agreement, except that DSLO may enter into subcontracts for the sole purpose of carrying out promotional activities within the scope of the Ordinance with the consent of City. Nothing contained in this Agreement is intended to or will be construed as preventing DSLO from employing or hiring asmany employees asitmaydeemnecessary for the proper and efficient execution of this Agreement.

18. Insurance. DSLO shall obtain and maintain insurance as set forth in Exhibit D hereto, the requirements of which are incorporated herein. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party except after thirty (30) days' prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

DSLO shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificate and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. "Claims made" policies of insurance are not acceptable unless the City Risk Manager determines that "occurrence" policies are not available in the market for the risk being insured. If a "claims made" policy is accepted, it must provide for an extended reporting period of not less than one hundred eighty (180) days. Such insurance as required herein shall not be deemed to limit DSLO's liability relating to performance under this Agreement. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall only be made with the approval of the City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Agreement.

To the extent that DSLO subcontracts certain activities pursuant to paragraph 14 of this Agreement, DSLO may comply with the requirements of this paragraph 15 by providing certificates of insurance naming DSLO and the City of San Luis Obispo as separate “additional insured” under the subcontractor's insurance, providing that the subcontractor's insurance meets or exceedsthe insurance requirements ofthis paragraph 15, all subject to the approval of the City Risk Manager.

6 19. Hold Harmless and Indemnification.
a. Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), DSLO shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of DSLO’s performance or DSLO’s failure to perform its obligations under this Agreement or out of the operations conducted by DSLO, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from DSLO’s performance of this Agreement, DSLO shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
b. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), City shall indemnify, defend, and hold harmless DSLO, and its officers, employees, volunteers, and agents (“DSLO Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the City’s performance or City’sfailure to performthe obligations asset forth in Exhibit A, Paragraph 4 titled City Services in Support of Special Events under this Agreement or out of the operations conducted by DSLO. In the event DSLO Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from City’s performance of obligations as set forth in Exhibit A, Paragraph 4 titled City Services in Support of Special Events under this Agreement, the City shall provide a defense to DSLO Indemnitees, reimburse DSLO’s Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
c. The review, acceptance or approval of the City’s or DSLO’s work or work product by any indemnified party shall not affect, relieve or reduce the indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

7 20. Notice. Any noticesto be given underthisAgreement, or otherwise,may be given by enclosing the same in a sealed envelope, addressed to the party intended to receive the same, at its address and by depositing the same in the U. S. Postal Service as regular mail, postage prepaid. When so given, notice will be effective from the time of mailing of the notice. For these purposes, unless otherwise provided in writing, the address of the City and DSLO and the proper persons to receive any notices on its behalf are the following:

Derek Johnson, City Manager Bettina Swigger, CEO
City of San Luis Obispo Downtown SLO
990 Palm Street 1135 Chorro Street
San Luis Obispo, CA 93401 San Luis Obispo, CA 93401
[email protected]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on _______________

CITY OF SAN LUIS OBISPO SAN LUIS OBISPO DOWNTOWN
ASSOCIATION, a 501(c)(6) Corporation
By: _____________________________ By: _____________________________ Erica A. Stewart Bettina Swigger, CEO
City of San Luis Obispo Downtown SLO
ATTESTATION:

By: _____________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:

By: _____________________________
J. Christine Dietrick, City Attorney

8 EXHIBIT A

SCOPE OF SERVICES
Special Events & Activations in Public Space
The events and/or activities set forth and defined below are Special Events the continuation of which the City considers integral to the fulfillment of DSLO’s obligations under the Agreement.

As such, the City agrees to continue to provide, at the mutually agreed cost to DSLO, the enumerated municipal services that have traditionally been provided to DSLO in conjunction with the events/activities as set forth below and DSLO shall continue to provide the following Special Events and related services to the downtown:

1. Holiday Activities: Holiday Activities include some of the County’s most popular holiday events including:
a. Annual Holiday Parade, a free event that features nearly 100 entries and winds its way through the Downtown streets early in the holiday season; b. Santa’s House in Mission Plaza, a free service opening the day after Thanksgiving and operating through Christmas Eve. Thousands of children visit the House from all over the county and beyond;
c. Classic Carousel in Mission Plaza, a contracted activity by the downtown Association.

Each year, an independent operator brings in a full-sized carousel that is set up adjacentto Santa’s House and operatesthe same hours astheHouse. d. Holiday Plaza lighting and downtown activation program, management of the program, lights and other activities occurring in Downtown for the holidays, not including the zig-zag street lighting. This will include securing private funding to attain matching contributions from the City.

2. Concerts in the Plaza: Concerts in the Plaza are held in Mission Plaza showcasing local and California bands, providing the highest level of quality in all aspects of the production such asstage and sound, promotional marketing materials, a high level of staffing and security, dozens of volunteers and quality food and beverage vendors. DSLO will be given priority in Mission Plaza for the Friday night concert series beginning the first Friday in June and ending on the fourteenth contiguous Friday hence, subject to the following:
a. In those instances, where the concert conflicts with Mission College Preparatory School graduation activities that take place in Mission Plaza, the series will begin on the second Friday in June allowing Mission College Preparatory School priority use of the plaza for graduation.
b. In years when the seriesstarts on the second Friday in June, DSLO willstill have priority for the full fourteen contiguous Fridays.

9 3. Dining in the Plaza: Continued promotion and monitoring of the Dining in the Plaza activities as long as the activity is continued and supported by the City. While the City will be responsible for the set up and tear down of the tables and chairs, DLSO can assist as needed in the set up and tear down and by reporting any damage to the table and chairs to the Parks and Recreation contact.

4. Downtown SLO Farmers’ Market: (DSLOFM): An event that showcases downtown and downtown businesses to visitors, both locals and tourists, and offers opportunities for downtown businesses, other eligible non-downtown businesses, produce vendors, nonprofit organizations and other community groups to sell their products and services, fundraise, or provide information. DSLOFM is also often generically referred to as “Farmers’ Market,” “the Market,” or other various combinations of those names.

5. City Servicesin Support of Special Events: City servicesin support ofthe above events have traditionally included the following, which will continue uninterrupted:
a. Public safety support at levels determined appropriate by the City, including holiday parade escort.
b. Placement and removal of street barricades and coordination of street closures for holiday activities and DSLOFM.
c. Placement and removal of City-owned portable restrooms for DSLOFM. d. Parking services support for towing at DFSLOFM and Holiday Parade e. Placement and removal of the tables and chairs used for Dining in the Plaza and other support as determined appropriate by the City.
f. Banner placement and advertising at 50% of standard City fees. (Note: DSLO shall retain its priority position with regard to the placement of street banners that promote activities that benefit tourism and business in the district, in addition to the Special Events above, within the scope of the Agreement, but shall be charged fees consistent with City policy for the placement of such banners). g. Special Events Permit processing at 50% of standard City fees. h. Street clean-up following Special Events.
i. Free rental of Mission Plaza for Holiday Plaza decorations and for Concerts in the Plaza.
j. Up to $150,000 in funding for the “Light Up Downtown” holiday program. Up to $75,000 may be used as matching funding subject to private funds being raised by DSLO. Final details will be subject to an additional agreement between the City and DSLO.
k. Use of the storage in the Adobe in Mission Plaza.
l. DSLO will ensure the City is recognized at the appropriate level for the full value of services and funding provided for all special events where the City is contributing. This includes but is not limited to pre-event media outreach, during event materials and announcements and post event report outs and reporting.

10 6. DSLO Services in Support of Special Events: DSLO services in support of the above events have traditionally included the following, which will continue to enhance the success of the events:
a. Booth space at DSLOFM for City departments at no cost subject to space availability b. Marketing and coordination of City-related events at DSLOFM at no cost including but not limited to:
• Arbor Day activities
• Fire Prevention Night
• Law Enforcement Night
• Public Works Night
• City of San Luis Obispo Parks and Recreation activities • City of San Luis Obispo Utilities activities
• City of San Luis Obispo Tourism activities
• City of San Luis Obispo Transit activities
d. Solid waste collection and public facing recycling options and bike valet for all events expecting 300 or more attendees in accordance with Policy2.13 of the City’s Bicycle Transportation Plan

7. Ongoing Services. In addition to the Special Events set forth above, DSLO shall provide, as needed, the following Ongoing Services to the Downtown. The costs of any City services required or requested in support of these Ongoing Services shall be allocated to DSLO consistent with City policies applicable to other not for profit entities and pursuant to the terms of the Agreement.

8. Parking/Transportation
a. Distribute employee and customer parking information to targeted groups. b. Work closely with City staff to analyze and make recommendations to the City Staff on ways to address employee parking issues.
c. Work closely with City staff on the development of downtown construction public information programs.
d. Work closely with City staff on parking management plan and any parking and access programs that benefit the community.

9. Downtown Maintenance
a. Provide input to City staff to give input on sidewalk scrubbing schedule. b. Disseminate cleanliness and safety information to members through outreach and presentations.
c. Assist City staff to communicate with businesses to have waste wheelers put away after collection per City Municipal Code.
d. Continue Downtown Forester program in assisting with tree maintenance. e. Provide additional services as outlined in Exhibit E related to the cleanliness and safety in the downtown.

11 10. Economic Development Issues
a. Work closely with City staff to implement initiatives within the 2023-25 Major City Goal of “Economic Resiliency, Cultural Vibrancy and Fiscal Sustainability”. b. Lead the “Vibrancy and Vacancy task force” including the update and maintenance of the vacancy data base.
c. Work closely with City staff to implement the City’s Economic Development Strategic Plan to maintain downtown retail health.
d. Work closely with City staff on issues related to undesirable and/or criminal behaviors in the downtown, such as aggressive panhandling, graffiti, and drunk- in-public behaviors.
e. Continue to coordinate with City and SLO Chamber of Commerce to get information to visitors on downtown retail/shopping opportunities.
f. Continue collaboration efforts with the Chamber of Commerce and other business and visitor groups to increase effectiveness of local and regional marketing. g. Get word out to downtown retailers and restaurants when conferences/events are in town and encourage them to do direct marketing/outreach as provided to DSLO via the City’s tourism efforts.
h. Investigate additional qualitative and quantitative methods to assess the success of the efforts of DLO and the City as it relates to the vibrancy and economic health of the downtown.

11. Organizational Capacity. Keep the City apprised of and included in the process of any update to DSLO’s long term strategy for the fiscal sustainability, including strategies to:
a. Maintain economic vitality and independence of the organization. b. Identify options for development of other funding sources to be considered, pursued, and/or secured to supplement the organization’s activities. c. Evaluate internal organization, and committee structure, and allocation of resources to identify changes needed to most effectively implement DSLO’s mission and goals.

12 EXHIBIT B

ELECTRICITY AND TREE LIGHTING
Electrical Wiring in Higuera and Garden Streets for Future Electrical Connections In 2008 and 2012 the City facilitated the installation of electrical conduit and service connections in Higuera Street to provide electrical connections for use by DSLOFM vendors. Further capital will be required to facilitate additional conduit placement. The City and DSLO have agreed to work toward accomplishing the connections over the term of the Agreement. However, the parties recognize that the completion of such a project will require additional funding and the parties agree that the cost allocation relating to the provision of such connections and postinstallation maintenance issues, such as electrical service costs, are subject to further negotiation.

Tree Lighting Program
In 2012, in return for the City’s issuance of a temporary revocable encroachment permit, DSLO executed an agreement for encroachment within the public right-of-way for DSLO Tree Lighting and Power Project. Furthermore, on June 14, 2012, the City and DSLO amended their contractfor services dated July 1, 2011, under which DSLO was allowed to conduct a Tree Lighting and Power Project consisting of installation of string lightsin trees, installation of electrical boxes to provide the lights with electricity per City standards, and installation a commemorative plaque to acknowledge tree lighting donors. A further capital project in 2018 facilitated additional connections on Garden Street.

For the 2023-25 Contract, the City is allocating $25,000 of the remaining 2022-23 downtown improvements funding to be available to provide matching funds for a potential upgrade to the tree lighting program. This funding will be available until December 31st, 2024. The release of the funding is subject to a comprehensive upgrade plan being provided to the City and the City Manager’s approval of the release of the funding.

The Tree Lighting and Power Project shall meet the following requirements:

1. The Tree Lighting and Power Project will be allowed on street trees along Higuera Street between Morro and Garden Streets (the “Project Area”). All areas outside the Project Area are reserved for the City’s commemorative tree program as established per Resolution No. 10151 (2010 Series) until such time as the commemorative tree program is eliminated or the Project Area modified.

2. Trees in the Project Area that have commemorative plaques granted prior to June 14, 2012, in accordance with the City’s planting and commemorative plaque program, are excluded from the Tree Lighting and Power Project unless written approval of the commemorative donor to allow inclusion in the Tree Lighting and Power Program has been obtained by DSLO.

13 3. DSLO may charge a fee to cover the costs of installing, maintaining, operating (including electricity) and replacing the lighting and plaques otherwise administering the Tree Lighting Project.

4. DSLO will be entirely responsible for all costs associated with the Tree Lighting and Power Project and shall comply with the following conditions:
a. Install, maintain, operate, replace, and remove tree lighting in the Program Area upon revocation of the encroachment permit issued for the Tree Lighting and Power Project (unless otherwise agreed in writing by City);
b. Purchase, place, maintain, and remove all plaques associated with its Program upon revocation of the encroachment permit issued for the Tree Lighting and Power Project (unless otherwise agreed in writing by City);
c. Remove anydamaged orhazardousplaqueswhen needed orupon request by the City; and d. Provide lighting of the existing commemorative trees in the Program Area. e. Plaques shall be no larger than 5” x 6” and shall have wording appropriate to a public location.
f. All tree lighting shall be placed in accordance with guidance of the City Arborist to minimize impacts to pruning and other maintenance operations. g. Any expansion of the Program Area requires the prior written approval of City before implementation by DSLO.

14 EXHIBIT C

BANNERS AND BANNER ARMS
Beginning in 2018, the City started the removal of large cobra-head style light poles throughout Downtown and began the installation pedestrian style light poles. Through the community placemaking and beautification work of the City’s Promotional Coordinating Committee (PCC) and in partnership with DSLO, the PCC directed the installation of pedestrian banner arms throughout Downtown to maintain banner display areas in the Downtown core.

Additionally, the PCC created a portfolio of 4-series banner artwork to be displayed on pedestrian, cobra and companion banner arms, referred to as the “City Established Banner Series”.

The PCC also created a Banner “style guide” document in collaboration with DSLO’s Cultural Arts Committee and under the terms of the City’s Flag Policy, for the use of DSLO’s in the implementation of the Banner Program and work with other agency’s use of the banner displays.

City Established Banners Series

1. For the term of this agreement, the City will supply four complete banner sets of the City Established Banner Series for display throughout downtown. The City will be responsible for replacing damaged banners as needed within these series.

2. For the term of this agreement, the capital and coordination required to facilitate the City Established Banner Series rotation will be managed by the City directly with the designated banner installation contractor.
a. The schedule of the City Established Banner Series for the term of this agreement is outlined below. Changes to the schedule below, will be provided to DSLO in writing.

City Banner Series FY 2023-24 – Display Period FY 2024-25 – Display Period Series 1 – Cultural September 2023 – LateNovember 2023September 2024 – LateNovember 2024 Series 2- Holiday Late- November 2023 – Mid-Feb
2024
(Lunar New Year is 2/10 - 2/15) Late-November 2024 – Mid-Feb 2025
(Lunar New Year is 1/29-2/3)
Banner Program
As referenced in the City adopted Flag Policy, Flags (referred to as “Banners” for the purpose of this agreement) in the Downtown core fall under the sole jurisdiction of DSLO and are subject to the guidelines described within the Flag Policy.

15 For the term of this agreement, DSLO will be responsible for the implementation and management of a comprehensive Downtown Banner Program in alignment with the City’s Flag Policy.

The Banner Program shall meet the following requirements:

1. The Banner Program will be allowed on streetlights with existing banner arm infrastructure including cobra head and pedestrian light posts along Palm, Monterey, Higuera and Marsh Streets between the blocks of Santa Rosa and Nipomo Streets (the “Project Area”). a. Any expansion of the Program Area or banner arm infrastructure requires the prior written approval of City before implementation by DSLO.

2. The Banner Program includes the use of all existing banner arm infrastructure within the Project Area for various banner sizes as defined as “cobra head”, “companion” and “pedestrian” size banners.

3. With the exception of the City Established Banner Series, DSLO will be entirely responsible for the management associated with the Banner Program including administering the “SLO Downtown Association Flag Contract” provision as outlined in the City’s Flag Policy, and shall comply with the following conditions:
a. Provide consistent banner displays in the Project Area; and b. Incorporate the City Established Banner Series seasonally into the banner rotation for a minimum of 30 consecutive days within the 90-day specified quarter subject to the written approval of the City; and
c. Utilize and maintain the Banner Style Guide provided by the City in the administration of the Banner Program; and
d. Establish and provide a process for qualified organizations to participate. a.DSLO may charge a fee to contracted organizations to cover the costs in the administration of the Banner Program.

4. DSLO is responsible for coordinating with the City on the installation of new banner arm infrastructure or the maintenance, replacement, or removal of damaged or not needed banner arm infrastructure in the Project Area.
a. Pedestrian banner arms: The City will be responsible for all costs associated with the installation and maintenance of all pedestrian banner arm infrastructure in the Project Area during the contract term of FY 21-23. DSLO will assume the maintenance responsibility of the pedestrian banner arm infrastructure in the Project Area after FY 22-

23. b. Cobra head and companion banner arms: DSLO is responsible for all cost and management associated with all cobra head and companion banner arm infrastructure installation, maintenance, replacement, and removal in the Project Area. DSLO will remove and replace any damaged banner arms and banners when needed or upon request by the City.

16 EXHIBIT D

INSURANCE REQUIREMENTS
Downtown SLO (“Contractor”) shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees orsubcontractors.

Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability, code 1 (anyauto).

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

Minimum Limits of Insurance. Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limitshall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self‐Insured Retentions. Any deductibles or self‐insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self‐insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers.

17 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self‐insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute withit.

3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer'sliability.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by thatinsurerto bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.

Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

18 EXHIBIT E

CLEAN AND SAFE AMBASSADOR SERVICES
Providing hospitality and excellent customer service is a top priority to welcome visitors, locals, and business owners into our downtown and is critical for us to meet our mission of fostering an economically vibrant downtown. The Downtown SLO Clean & Safe Program includes dedicated workers focusing on cleanliness along with business owners, the SLO Police Department, and the City of SLO to provide a positive experience for visitors, workers, and residents. This program is designed to supplement City services, not replace them. Ambassadors provide daily cleaning services to ensure the downtown district is kept tidy; this means sidewalks free of litter, lamp posts clear of stickers and graffiti, sanitized benches, clean trash cans, and more. Additionally, ambassadors act as a second set of eyes for SLOPD, reporting all suspicious or illegal behavior.

Often, ambassadors are the first ones reporting damaged city property such as trash cans or signs.

ORGANIZATIONAL COMMITMENT
Downtown SLO will match City contract funds and dedicate $60,000 through the regular organizational annual budget approved by the Board of Directors. The organization will also seek grant funding and individual support for the program.

AMBASSADOR SERVICES
Ambassadors interact with all people in the downtown community including but not limited to residents, business owners, visitors, unhoused individuals, the mentally ill, and law enforcement/first responders. Business owners may reach ambassadors seven days a week by calling or texting the Ambassador Hotline.

The ambassador’s primary duties are patrolling the downtown and paying careful attention to cleaning, maintenance, safety, and outreach. Duties include the following:

Cleaning
 Remove litter from sidewalks, tree wells, and planters.  Wipe down trash cans, benches, and Mission Plaza Tables.  Clean up sidewalk messes and spills.
 Clean near bike racks and public benches.
 Dispose of abandoned/lost items.

Maintenance
 Remove stickers from public property.
 Remove graffiti and chalk marks.
 Interface with City Public Works to report damaged or tarnished items such as signs, news racks, light poles, and trash cans.

19 Safety
 Observe and monitor the district and report any dangerous or threatening situations.  Report violations of laws and local ordinances to proper authorities.  Advise offenders of the infraction and provide supporting information.  Respond to calls on the ambassador phone and analyze the situation for appropriate responses.

Outreach
 Provide wayfinding directions and recommendations.
 Establish and maintain relationships with local business owners, shopkeepers, and bar/restaurant owners.
 Interact with the public to provide requested information.  Assist law enforcement and social service providers by advising individuals in need of services of the resources available to them.
 Serve as an informational resource and point of contact for many people and will provide information in a courteous and professional manner at all times.

Professional Development and Training
All ambassadors will complete a Mental Health First-Aid course led by Transitions Mental Health Association (TMHA). Since ambassadors work with mentally ill individuals frequently, this training will provide practical skills. Additional professional development opportunities will be identified through the International Downtown Association and other Clean and Safe programs in other downtown districts and municipalities in the state of California.

IMPACT MEASUREMENT AND REPORTING
Quarterly Reporting and Metrics
Impacts are measured through the online Downtown Clean & Safe Dashboard. Downtown SLO will report summaries of these metrics in quarterly reports to City Management. Metrics are collected daily and include:
- Trash collected (weight in pounds)
- Graffiti removed
- Public Property cleaned
- Messes Cleaned
- Calls to Dispatch
- Directional Assistance
- Calls Fielded
- Etc.

Incident Reporting to SLOPD
Downtown Ambassadors will fill out an Incident Report Form for any major incidents that occur in the district. Incidents include events such as verbal assault, physical assault, witnessing property damage, and any other significant reports made to SLOPD. Downtown SLO will review these reports on a regular basis and communicate with SLOPD to discuss issues happening downtown. These reports include:
 Time and location of incident.
 Persons involved in the incident.
 Detailed description of incident.

Item 5e
Department: Parks and Recreation
Cost Center: 7004
For Agenda of: 6/20/2023
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks & Recreation Director
Prepared By: Meghan Burger, Recreation Manager
SUBJECT: COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF

SAN LUIS OBISPO AND THE SENIOR CENTER EXECUTIVE BOARD

RECOMMENDATION
Authorize the City Manager to execute an updated five-year community partnership agreement with the Senior Center Executive Board for continued use and operation of the Senior Center facility, located at 1445 Santa Rosa Street.

POLICY CONTEXT
The Parks and Recreation Blueprint for the Future: 2021-2041 (the Parks and Recreation Master Plan and Element) includes two policies related to Senior programming to support two of the Plan’s five goals:

Goal 1: Build Community and Neighborhoods: Policy 1.13 Senior Center Enhancement. The City shall make improvements to relocate or expand the Senior Center to enable more flexible programming, with a focus on more successfully reaching younger more active seniors. Improvements will be done in connection with the City’s vision for Mitchell Park;
Goal 2: Meet Changing Needs of the Community: Policy 2.11 Active Recreation for Seniors. The Parks and Recreation Department will grow to successfully meet the evolving recreational needs of active seniors. Focus and engage programs on multiple senior age groups to develop a sense of community. Provide enriching programs for seniors at a centralized location. Offer generation-specific activities that serve unmet needs of active adults (50+). Create and implement new programs as needed to provide inclusive amenities and activities for multiple senior age groups and activity levels.

Senior Center services are funded by the Local Revenue Measure with direct services provided by the Senior Center Board volunteer group and City staff collectively. The Local Revenue Measure is a 1.5 percent local sales tax approved by City voters in November 2020, which was previously a 0.5 percent local sales tax approved by City voters in November 2006 and renewed in 2014.

Item 5e
It helps protect and maintain services and public infrastructure identified by the community such as community safety, creek protection, addressing homelessness, keeping public areas safe and clean, retaining local businesses, youth/senior services, streets, open space/natural areas and other vital services and facilities.

DISCUSSION
Background
Senior Center Facility Agreement
Since 1978 the City has been committed to providing a facility and services without charge to the seniors within its community. On November 25, 2014, the City and the Senior Center Executive Board (“the Senior Center Board” or “the Board”) entered into a Community Partnership agreement (the “Agreement”) to formalize and memorialize the longstanding practices related to Senior Center’s operations and programming. On November 12, 2019, the parties agreed to extend the term of the Agreement until June 30, 2021, in anticipation of the City finalizing the new Parks and Recreation General Plan and Element, entitled The Parks + Recreation Blueprint for the Future: 2021-2041. TIn June 2021, due to the impacts of COVID, changes to the Senior Center Board and membership, and City staffing opportunities, the parties agreed to extend the Agreement through June 2023. The agreement states that any amendments shall be in writing and effective only upon approval by the Parks and Recreation Director.

Senior Center
The City's Senior Center is located at 1445 Santa Rosa Street and is used weekly (Monday through Friday) for senior-related activities. During “off” hours, the Senior Center facility is available to be rented and reserved through the facility rental process for other community uses, facilitated by Parks and Recreation. The Senior Center Board operates within the facility Monday through Friday from 9:00 am to 4:00 pm and has priority for use of "off' hours if the facility has not been rented or reserved for another purpose. The Senior Center Executive Board serves as an independent governing body of the Senior Center and is comprised of volunteers elected from its general membership. Dues paid for a Senior Center general membership provide funding to support program activities for persons 55 years of age or older. The Senior Center volunteers perform specific functions in the course and scope of authorized activities under the direction and control of the City.

The Parks and Recreation and Public Works Departments provide various resources to support annual programming services, and site maintenance and operation for the Senior Center.

Activities and Programming at the Senior Center Facility Over the last six decades, the Senior Center Board has provided programming for the senior community as facility users. This programming has been essential to community health, and the partnership is seen by the City as a valuable resource. For over ten years, the City has provided a staff liaison to the Senior Center Board, providing five to ten hours of support each week.

Item 5e
Typically, this role was filled by the Community Services Supervisor and support included marketing, mailing, procurements, facility reservations and basic administrative support.

The liaison support hours were limited due to available staff resources as well as requests from the then Senior Center Executive Board to allow them freedom as facility users without having a constant City presence.

By direction of both State and County guidelines during the height of the pandemic, senior programs were suspended, and the facility was closed. During this time period, Senior Center memberships dropped, and the Board participation waned. When the facility reopened in alignment with CDC guidance, the remaining Board found the decreased numbers of members, volunteers and Board members challenging and unsustainable to manage as a volunteer group. At this time, the Board requested additional staff resources from the City to support programming and activities for the senior community. The timing was right to embrace the opportunity as staff transitions were also occurring within Parks and Recreation.

The City was afforded an opportunity to restructure the Community Services division to create a new Recreation Coordinator position, with 20 hours per week dedicated to support senior programming, and provide the requested support to the Senior Center Board. In addition to providing senior programming (for the entirety of the City, not just Senior Center members), the Recreation Coordinator has an established work space at the Senior Center between 10-20 hours per week and is immediately available to help with any needs of the Senior Center Board during those hours.

As demonstrated by the numerous public comments at Parks and Recreation Commission meetings over the past six months, the Senior Center Board has been thrilled with the additional staff support, program development and enhanced relationship between the Board and the City. The Board Vice President has publicly shared thank you cards to both Staff and PRC Commissioners expressing the Board’s gratitude for the additional staff and financial resources over the past year. In addition to staff support, the City has continued to provide funding for Senior Center Board sanctioned activities, especially as related to Cultural Arts events.

Since May 2022, City staff have introduced 28 new programs and activities. Of these, 26 are available to the entire senior community, with priority given to Senior Center members. Combined with the 15 programs that the Senior Center Board organizes; the facility is home to 24 hours of scheduled programming and 35 hours of socialization opportunities each week for individuals over the age of 55.

Current Role of City Departments
City staff continues to provide regular physical and fiscal support for the Senior Center facility. In addition to the Recreation Coordinator’s dedicated 20 hours per week of program development and support, the Recreation Supervisor, two Recreation Managers and Recreation Director support the Senior Center and senior programming. The Volunteer Coordinator assists with volunteer recruitment and management. Facilities staff schedule and provide equipment set up of programs and activities.

Item 5e
Public Works staff continues to provide regular maintenance as well as annual renovations. Finally, the Communications team conducts marketing and promotions of the programs offered at the Senior Center.

In addition to providing staff resources, the City continues to provide all maintenance, regular janitorial services, costs of utilities and communication tools (phones, computers) at the facility to the Senior Center board. The relationship of the City to the Senior Center Board, members, and volunteers, as well as the scope of City staff support and involvement, is set forth in the Community Partnership Agreement.

The Future of Programming and Support at the Senior Center As the Community Partnership Agreement will expire on June 30, 2023, staff and Senior Center Board members have met to discuss future opportunities and suggestions for modifications to the agreement. All parties agree that the relationship between the City and the Board is as cohesive as ever and capturing these successes in an agreement will benefit the partners for the next five years. Included in the agreement is the commitment to continue providing a Recreation Coordinator to focus 20 or more hours per week on senior programming and Senior Center Board support.

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. The Parks and Recreation Commission has continued to be updated to the changes occurring at the Senior Center, and an overview of the proposed Community Partnership Agreement will be provided on June 14, 2023, at the monthly advisory body meeting.

CONCURRENCE
The City Attorney’s Office and the City’s Risk Manager have reviewed the relevant legal documents associated with the Senior Center agreement and have concluded that there are no legal barriers to the recommendations stated herein. The Senior Center Board has reviewed and supported the draft agreement.

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

FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: Yes

Item 5e
Fiscal Analysis:

The City’s financial support (staffing and operational costs) of the Senior Center from various City Departments totals $103,379 annually.

OPERATING COST ANALYSIS Annual Expenditures
Staffing and In-Kind Support (P&R, PW, F&IT) $57,769
Operational Support (Marketing, Contract Services, Utilities, Materials) $45,610 TOTAL OPERATING $103,379
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $103,379 $0 $103,379 $103,379
State
Federal
Fees
Other:

Total $103,379 $0 $103,379 $103,379
The Parks and Recreation Department budget includes staff support including a Recreation Coordinator, Recreation Supervisor, two Recreation Managers and Department Head to provide guidance to the Senior Center board, in addition to Facilities staff and a Volunteer Coordinator. The Public Works Department budget includes resources to maintain the Senior Center facility.

ALTERNATIVES
Do not renew the Community Partnership Agreement with the Senior Center Executive Board. Not recommended as the City has a 50-year partnership with the Senior Center Board and is dedicated to supporting Senior programming through Local Revenue Measure (G-20) funds.

ATTACHMENTS
A - Draft Community Partnership Agreement with the Senior Center Executive Board

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SENIOR CENTER

EXECUTIVE BOARD FOR USE OF CITY PROPERTY
This community partnership agreement ("Agreement") is made and entered into in the City of San Luis Obispo on July 1, 2023 by and between the City of San Luis Obispo, a municipal corporation and charter city, hereinafter referred to as "City", and the San Luis Obispo Senior Center Executive Board, hereinafter referred to as "Senior Center Board.” WITNESSETH:

WHEREAS, the City is the legal owner of the property located at 1445 Santa Rosa Street in the City of San Luis Obispo as shown on Exhibit A; and WHEREAS, the San Luis Obispo Senior Center is an unincorporated association with operations in the City of San Luis Obispo; and
WHEREAS, since 1978, the City has provided the Senior Center Board with a facility located at 1445 Santa Rosa Street (C the “Premises”) without charge in order to provide the community’s senior population with a welcoming environment to gather and recreate; and WHEREAS, the Senior Center Board has provided volunteer management of the Senior Center facility and its related operations since 1978; and WHEREAS, the Senior Center board proposes to continue to provide programming and activities during open hours at the Senior Center facility, as outlined in Scope of Services in Exhibit C; and
WHEREAS, the City desires to maintain a mutually beneficial relationship with the Senior Center Board to continue to enhance the sense of community for the residents of San Luis Obispo; and
WHEREAS, the Senior Center Board has expressed a willingness to continue to manage the Senior Center facility during Senior Center hours of operation and provide senior-oriented services under the direction of an elected volunteer Executive Board, in compliance with the Senior Center Bylaws from January 14,2013, as outlined in Exhibit B, and in cooperation with the City; and
WHEREAS, the volunteer Executive Board of the Senior Center are designated by the City to perform specific functions in the course and scope of authorized activities under the direction and control of the City; and
WHEREAS, the City has employed a full time Recreation Coordinator to provide direct services to the Senior Center and to facilitate additional community senior programming for all persons in the City; and

WHEREAS, by this Agreement, the City and Senior Center Board wish to memorialize their long-standing relationship regarding the use and operation of the Senior Center facility and to express each party's desire to expand and develop the various senior related services provided to the community through the Senior Center.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Location of Property. The City will allow the Senior Center Board to use the City-owned property located at 1445 Santa Rosa Street for the purpose of providing activities and a welcoming environment for all members, as defined in the Senior Center Bylaws, Exhibit B, for the term of the Agreement. The property that may be used by the Senior Center Board pursuant to this Agreement is depicted on Exhibit A, attached hereto and incorporated by reference (the “Senior Center facility” or the “Premises”).

2. Term of Agreement. The term of this Agreement shall be for five years commencing on July 1, 2023 and terminating on June 30, 2028, unless extended or sooner terminated as provided in this Agreement.

3. Termination of Agreement. The term of this Agreement may be terminated by either party without cause upon sixty (60) days prior written notice. This Agreement may be terminated immediately for any material breach of this Agreement by either party provided the non-breaching party provides the breach party notice of such breach and reasonable opportunity to cure.

4. Relationship of Parties. The Senior Center Board shall not be considered a partner, agent, officer or employee of the City. The Senior Center Executive Board Members, also referred to as Officers, as defined in Article VII of the Senior Center’s Bylaws (Exhibit B of this Agreement), and all other persons who provide programming, administrative, instructive, or other services on a recurring or continual basis for the Senior Center and/or its members and participants, shall be considered volunteers of the City. As volunteers of the City, the Senior Center Board members and other volunteers identified in this provision shall register with the City’s volunteer management software and adhere to City Volunteer policies and procedures, including prerequisites for service, and will be recognized by the City as such.

5. Rent. In recognition of the benefits the Senior Center Board provides the community, the City agrees to allow the Senior Center Board the use of the Premises without charge during the term of this agreement. The parties further agree that any proceeds derived by the Senior Center Board from use of or programming at the City’s facility shall go back into programming for seniors at the City’s facility. The Senior Center board may not charge outside community groups a rental or permitting fee in relation to use of the facility.

6. Hours of Operation & Facility Closures. The Senior Center hours of operation shall be five days a week (Monday through Friday) between the hours of 9:00 A.M. and 4:00 P.M. The Senior Center board shall coordinate with Parks and Recreation staff for additional operations outside the established hours of operation as the facility is programmed for other community uses during non-Senior Center Facility hours of operation. The Senior Center Facility will be closed the following holidays: New Year's Day, Fourth of July, Labor Day, Thanksgiving and the immediately following Friday, and the last three weeks of December for maintenance (and additional dates as necessary for maintenance). The Senior Center Board can request to utilize the facility on City closure dates with the agreement that City Parks and Recreation and Public Works staff will not be available. In the event of a Citywide infrastructure projects that impact facility access or Citywide Road closures, staff will close the Senior Center and the Board will be required to notify users of the closure.

7. City Liaison. The City has employed a full-time Recreation Coordinator to provide direct service to the Senior Center members in addition to additional community senior programming for all persons in the City. The Recreation Coordinator will have a dedicated work space at the Senior Center facility and be present on an average 10-20 hours per week.

8. Scope of Services. Services provided by both the City and the Senior Center board are outlined in the scope of services set forth in Exhibit C attached hereto and incorporated herein (the "Scope of Services"). The City’s Director of Parks and Recreation may authorize periodic modifications, within the scope of financial and/or operational authority, to the Scope of Services as may deem necessary or appropriate to the orderly operations of the Senior Center. Any written amendment or modifications to the Scope of Services shall be upon mutual consent of both parties.

9. ADA Compliance. The City assumes responsibility for ensuring that the Premises complies with the requirements of the Americans with Disabilities Act. The Senior Center Board shall not modify the Premises in any way without prior approval by the City pursuant to Section 13 of this agreement. The Senior Center Board agrees to refrain from any action, and to take reasonable steps to prevent others from taking any action, which would impose a barrier to accessibility or create any condition which otherwise violates the Americans with Disabilities Act on the Premises.

10. Extent and Condition of Premises. The Senior Center Board shall accept the Premises “as is.” This Agreement shall not obligate the City to guarantee the suitability of the Premises, the suitability of the Premises for the intended use by the Senior Center Board, the duration that the Premises may be occupied, or the availability of alternate facilities.

Should any occurrence, including but not limited to fire, earthquake, flood, or the need to repair or improve Premises by the City, necessitate closing the Premises, or a portion of the Premises, to the public, the Senior Center Board shall have no recourse to the City for any loss incurred.

11. The Senior Center Board’s Responsibility for Maintenance of Premises. The Senior Center Board agrees to maintain the Premises in a clean, safe, and attractive condition at all times. This includes maintaining and general housekeeping of cleaning the building interior and promptly reporting to the City the need for repairs or maintenance.

12. City Responsibility for Maintenance of Premises. The City agrees to continue to provide regular maintenance and janitorial services in addition to providing repairs to items that break and are within the City’s parameters. Repairs will be made in the order of City priority based on urgency and safety.

13. Alterations to Premises. The City shall be notified of and consider approval of any exterior alterations, or any interior structural alterations made to Premises, prior to commencement of such alterations. The Senior Center Board shall comply with applicable rules and regulations of the City’s Municipal Code and procedures set forth by the City’s Community Development Department and all applicable building codes in making any approved alterations to structural, plumbing, interior and/or exterior systems and finishes of Premises. In addition, the City will provide reasonable notice prior to commencement of any exterior alterations or interior structural alterations that would impact programing at the facility.

14. Responsibility for Damage. Upon termination of this Agreement, the Senior Center Board shall return the Premises to City in its original condition, except for ordinary wear and tear and alterations approved by the City pursuant to Section 13 of this Agreement. If the Premises is damaged resulting from the Senior Center Board’s use of and operations on the Premises, it shall be repaired and restored at the Senior Center Board’s expense to its original condition, except for the circumstances expressly identified in this Section.

15. Cost of Operations. The City shall bear the entire cost of its operations on the Premises, including utility bills, general maintenance costs, and other taxes and fees related to its occupancy of the Premises, including all possessory interest taxes that may be imposed.

16. Staff Office. City staff shall have access to the building at any time, including but not limited to defined office space in the conference room.

17. Waiver of liability. On an annual basis, all members shall complete a waiver when registering. In addition, all visitors must sign a waiver each day for entry into the Facility and participation in any activity offered at the facility. The Senior Center shall procure and maintain current assumption of risk and liability waiver forms signed by all members and non-members that participate in Senior Center Board activities or events, whether at the Senior Center Facility or off-site. Liability Waivers shall be executed substantially in the form provided in Exhibit D, attached hereto and incorporated herein by this reference.

The City reserves the right to amend such form. Waivers will be collected on a quarterly basis by the City and stored per City guidelines.

18. Other Community Partners. The use of the Senior Center Facility by other community partners that further support the goals identified by the Senior Center Board should be managed as follows:

This Agreement applies to Senior Center Board use of the Senior Center Facility and the adjacent parking lot only. The use of the Senior Center Facility by Senior Center Board is reserved only during the Senior Center hours of operation (Monday through Friday from 9 a.m. to 4 p.m. [“Senior Center operating hours”]). During the Senior Center operating hours, the Senior Center Board is responsible for scheduling and programming of the building. The Senior Center Board may work with community partners to establish use of the Senior Center Facility during Senior Center hours in conjunction with City staff. Any use of the Senior Center Facility that requires City funds (set-up or break down of facility items such as table and chairs) must be approved by the Parks and Recreation Facilities Manager. City Liability Waivers are required for all participants for all programs and events within Senior Center permitted hours.

Use of the Senior Center by other community partner groups during Senior Center operating hours requires notification to and approval by the Recreation Coordinator at least 30 days in advance of the scheduled use. Parks and Recreation is required to approve any fees charged to community partners or outside groups related to program support (not associated with facility use charges) before permission is granted for usage.

19. Non-exclusivity. Use of the Senior Center Facility and adjacent parking lot outside of Senior Center operating hours is not exclusive. During "off” hours the Senior Center Facility is available for other community uses with permits for use coordinated by the Parks and Recreation Department.

20. Security of Senior Center. The City shall provide the Senior Center Board with keys for the Senior Center Facility. The Senior Center Board shall properly secure the Senior Center Facility when operations have concluded. It shall be the responsibility of the Senior Center Board (key holder) to secure the premises upon the close of the Senior Center operating hours to prevent or avert any act which may cause damage to the Senior Center Facility. Senior Center Board is responsible for recording and inform the Recreation Supervisor if the Senior Center Facility isfound to be unsecured during non-operating hours.

21. Indemnification. The Senior Center Board shall defend, indemnify, and hold harmless the City, its officers, employees, and agents, their successors and assigns (“City Indemnitees”) from any and all costs, liability, damage or expense, including reasonable attorney’s fees and costs, claimed by anyone by reason of injury or death of persons, damage or destruction of property, or any other harm sustained in, on or about the Premises or arising out of events or programs hosted by the Senior Center Board, regardless of location, which occurred as a proximate result of the acts or omissions of the Senior Center Board and other volunteers, due to the Senior Center Board member or volunteer’s personal conduct or action taken outside the scope of their role and assigned duties as a Board member or volunteer of the Senior Center, or in violation of any City policy, ordinance, or regulation. In any such claim, the Senior Center Board member or other volunteer shall indemnify the City Indemnitees to the extent the City Indemnitees are made a party to any aforementioned action, lawsuit or other adversarial proceeding and shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

22. Public and Employee Safety. Whenever the Senior Center Board’s operations on the Premises create a condition hazardous to the public or City employees, it shall, at its sole expense and without cost to the City, furnish, erect, and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents, damage, or injury to the public and City employees.

23. Non-Discrimination.

A. There shall be no discrimination against or segregation of any person or group of persons on account of race, religion, sex, sexual orientation, national origin, age, or physical, mental or economic status in the operation, lease, use, occupancy, tenure or enjoyment of the Premises or the improvements thereon, or any part thereof, and the Senior Center Board or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of employees, contractors, subcontractors, laborers, or materialmen, tenants, lessees, subtenants, sublessees, invitees or vendees of the Premises or the improvements thereon, or any part thereof.

B. The Senior Center Board shall not restrict access or use of the Premises or the improvements thereon, or any portion thereof, on the basis of race, religion, sex, sexual orientation, national origin, age, or physical, mental, or economic status of any person.

24. Notifications. All written notifications to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:

City Senior Center Board
Parks and Recreation Coordinator c/o President
City of San Luis Obispo 1445 Santa Rosa Street
1341 Nipomo St. San Luis Obispo, CA 93401
San Luis Obispo, CA 93401
The parties shall provide each other with current telephone and email contact information, which shall be updated as necessary, for time-sensitive communications.

25. Agreement Amendment. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Parks and Recreation Director.

26. Contract Assignment. The Senior Center Board shall not assign, transfer, convey or otherwise dispose of this Agreement to any individual or business entity of any kind without the City's prior written consent, which may be denied at the City’s sole discretion.

27. Authority to Execute Agreement. Both City and the Senior Center Board do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.

CITY OF SAN LUIS OBISPO, SENIOR CENTER EXECUTIVE BOARD
a municipal corporation and charter city
_________________________________ ______________________________ Derek Johnson, City Manager By: William Donovan
Its: Senior Center Executive Board President
ATTEST:
_____________________________ _______________________________ Terresa Purrington, City Clerk By: Cathy Marvier
Its: Senior Center Executive Board Vice President
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick, City Attorney

Exhibit A
Senior Center Facility Map

Exhibit B
San Luis Obispo Senior Center
San Luis Obispo, California
By-Laws
January 14, 2013

SAN LUIS OBISPO SENIOR CENTER BY-LAWS

TABLE OF CONTENTS

I NAME AND SPONSOR

II PURPOSE AND OBJECTIVES

III MEMBERSHIP

IV DUES AND OBLIGATIONS

V MEETINGS

VI QUORUM

VII OFFICERS

VIII DUTIES OF OFFICERS

IX ELECTIONS

X EXECUTIVE BOARD

XI COMMITTEES

XII AUDITOR

XIII AMENDMENTS AND REVISIONS

XIV ESTABLISHMENT OF HOUSE RULES

BY-LAWS OF SAN LUIS OBISPO SENIOR CENTER

SAN LUIS OBISPO, CALIFORNIA
ARTICLE I: NAME AND SPONSOR
The name of this organization shall be San Luis Obispo “Senior Center”, a non-partisan, non-denominational and partly-funded project, sponsored by the Parks and Recreation Department of the City of San Luis Obispo.

ARTICLE II: PURPOSE AND OBJECTIVES
The Senior Center shall attempt to provide for the unmet social and referral needs of its members and will be open daily as directed by the Executive Board of the Senior Center, where members may avail themselves of varied recreational, social and cultural projects.

ARTICLE III: MEMBERSHIP
The membership shall consist of an unlimited number of citizens 55 years of age or older, regardless of race, creed, religious, or political affiliations. Spouses of members are eligible for membership regardless of age. All members who are able to do so are expected to assist in the operations and functions of the organization.

ARTICLE IV: DUES AND OBLIGATIONS
Dues are $10.00 a year. Yearly dues shall be due on January 1st of each year and become delinquent March 1st.

Prospective members may participate in club activities, except that they may not vote or hold office for a period of 30 days, following which payment of dues will be expected. Any increase or decrease in the amount of dues shall require a by-laws amendment.

ARTICLE V: MEETINGS
Unless otherwise decided by the Executive Board, there shall be a regular business meeting of the members on the third Wednesday of each month. Roberts Rules of Order, Revised, shall be used as a guideline where they are applicable and not inconsistent with these By-laws, and rules of the Parks and Recreation Department of the City of San Luis Obispo.

ARTICLE VI: QUORUM
Twenty (20) members in good standing shall constitute a quorum for a general membership business meeting.

Executive Board meetings shall require a quorum of six (6) elected officers.

ARTICLE VII: OFFICERS
The elected officers shall be: President, Vice President, Executive Secretary, Treasurer, Corresponding Secretary, Newsletter/ Publicity Coordinator, Historian, two Members-at-Large, Immediate Past President and up to one additional officer to be defined as the need arises. The number of Board positions shall be eleven maximum. All elected officers shall be residents of the City of San Luis Obispo which is defined as the place where one chooses to vote, pay taxes and exercise the duties of a citizen.

ARTICLE VIII: DUTIES OF OFFICERS
Section 1: The President shall preside at all meetings and unless otherwise provided herein, the majority opinion shall prevail.

Section 2: The Vice President shall act as aide to the President and, in the absence of the President, shall assume the duties of the President.

Section 3: The Executive Secretary shall keep an accurate record of the proceedings of all meetings of the Center and of the Executive Board; shall be prepared to refer to minutes of previous meetings, and shall prepare a summary of all action items for the presiding officer.

Section 4: The Treasurer shall accept and deposit all monies in the Senior Center accounts; keep a record of all receipts and disbursements, present a monthly statement of account at every Executive Board and General Membership meeting, and at other times when requested by the Executive Board; and prepare a full annual report.

All monies received by committees or any other source shall be channeled through the Treasurer; and the Treasurer shall make all expenditures. The fiscal year shall be from July 1st to June 30th.

Section 5: The Corresponding Secretary shall conduct all necessary correspondence for the Senior Center and any other duties as shall be assigned.

Section 6: The Newsletter/Publicity Coordinator shall be responsible for the monthly Senior Center Newsletter and for the coordination of press releases through the Parks and Recreation Department.

Section 7: The Historian shall assemble and preserve a record of all the activities and achievements of the Senior Center and its members maintain an annual history, including the newsletters, and may exhibit same at various meetings.

Section 8: The two Members-at-Large shall serve as a liaison to the Executive Board for the members and any other duties as assigned by the President.

Section 9: The Immediate Past President may assist the President/Executive Board as requested with duties and matters pertaining to the Senior Center and will be available for assistance in the transition of the incoming board.

Section 10: The duties of the additional officer of ARTICLE VII shall be defined at the time the position is created.

Section 11: Each officer upon expiration of his or her term of office shall turn over to his or her successor, or to the President in case of resignation all records, books, funds or other material pertaining to the office.

Section 12: When an officer or a chairman of a standing committee fails to attend three (3) consecutive meetings without adequate excuse, the Executive Board may, on a majority vote, declare that office vacant and the office may be filled in accordance with the provisions of Article IX, Section 5 of these By-Laws. The Executive Secretary shall inform the Executive Board when officers or chairman have failed to maintain their status.

ARTICLE IX: ELECTIONS
Section 1: The officers shall be elected annually at the November General Membership meeting and serve under the criteria listed in Section 4.

Section 2: A Nominating Committee of three (3) members appointed by the Executive Board at least two months prior to the election of officers shall make nominations for officers. Anyone nominated for President or VicePresident shall have been an active member of the Senior Center for at least one year. It shall be the duty of this Committee to present at the October meeting, a well-considered slate of capable candidates for election. The consent of each candidate must be obtained before his or her name may be placed in nomination. The slate shall be posted on the bulletin board and published in the November newsletter. A further call for nominations shall be made at the November meeting prior to the voting.

Section 3: Election shall be by secret ballot, and a majority vote of members present shall determine the election at the November membership meeting. If there is just one candidate for any office, the ballot for that office may be dispensed with and the election held by voice vote. There shall be no voting by proxy.

Section 4: Officers shall serve for a term of one year or until their successors are elected. No President or Vice President shall be eligible to hold the same office for more than two consecutive terms. Other officers may serve as many terms as the membership shall so elect. Officers shall be installed at the November meeting and assume their duties at the close of the December meeting.

Section 5: Vacancy in the office of President shall be filled by the Vice President. The Executive Board shall fill vacancies in other offices as they occur.

ARTICLE X: EXECUTIVE BOARD
Section 1: The Executive Board shall be the governing body of the San Luis Obispo Senior Center. It shall be made up of all elected officers of the organization.

Section 2: A non-voting representative from the sponsoring agency, the Department of Parks and Recreation of the City of San Luis Obispo, will also be a member.

Section 3: The Executive Board shall meet at least once each month to consider items of business and expenditures in excess of five hundred dollars ($500.00).

ARTICLE XI: COMMITTEES
Section 1: The Executive Board may appoint Committee Chairs to carry out necessary activities for the Senior Center.

Section 2: Appointed Committee Chairs shall serve at the pleasure of the Executive Board. Committee Chairs shall choose the members to serve on the committee.

ARTICLE XII: AUDITOR
The Executive Board shall appoint an Auditor. The Auditor shall audit the financial books at the end of the fiscal year, and prepare a written report annually with copies to the Executive Board and the above named sponsor.

ARTICLE XIII: AMENDMENTS and REVISIONS
The Executive Board must approve all amendments and revisions to the By-Laws. After approval, such changes shall be posted on the bulletin board not later than two (2) weeks prior to the meeting to adopt them. Amendments and Revisions to the By-Laws must be presented to the membership at a regular or special meeting. At least twenty members must be present at a meeting considering changes in the By-Laws. Amendments and Revisions shall be adopted by an affirmative vote of a majority of the members present.

ARTICLE XIV: ESTABLISHMENT OF HOUSE RULES
Section 1: The Executive Board shall establish and approve House Rules, and will forward them to the sponsoring agency for review. After approval by the Parks and Recreation Department of the City of San Luis Obispo, the Executive Board will present the proposed rules before a meeting of the General Membership for adoption. The House Rules shall then be posted in the Senior Center.

Section 2: Upon receipt by the Executive Board of any alleged violation of the approved and adopted House Rules, the President will convene a special meeting, whose members may consist of the following to determine disposition of the alleged violation:

A. The Director of Parks and Recreation for the City of San Luis Obispo or the Director’s assigned representative.

B. The President and Vice-President of the Senior Center.

C. Two additional members of the Executive Board selected by the President.

Any decision on action reached by the above named special committee concerning any alleged violation of Senior Center rules may be appealed as consistent with regular practices of the City of San Luis Obispo.

The following amendments were approved by the San Luis Obispo Senior Center Executive Board and adopted by the General Membership in 2011.

ARTICLE VI: QUORUM
Twenty (20) members in good standing shall constitute a quorum for a general membership business meeting.

Executive Board meetings shall require a quorum of six (6) elected officers.

ARTICLE VII: OFFICERS
The elected officers shall be: President, Vice President, Executive Secretary, Treasurer, Corresponding Secretary, Newsletter/ Publicity Coordinator, Historian, two Members-at-Large, Immediate Past President and up to one additional officer to be defined as the need arises. The number of Board positions shall be eleven maximum. All elected officers shall be residents of the City of San Luis Obispo which is defined as the place where one chooses to vote, pay taxes and exercise the duties of a citizen.

ARTICLE VIII: DUTIES OF OFFICERS
Section 9: The Immediate Past President may assist the President/Executive Board as requested with duties and matters pertaining to the Senior Center and will be available for assistance in the transition of the incoming board.

These San Luis Obispo Senior Center By-Laws, with amendments, subtractions and additions have been approved by the Executive Board of the Senior Center.

These By-Law Amendments supersede those portions of the San Luis Obispo Senior Center By-Laws, dated October 10, 2011.

BY LAWS REVISION DATE: JANUARY 14, 2013

____________________________________ date _______________ President, San Luis Obispo Senior Center
______________________________________ date ________________ Executive Secretary, San Luis Obispo Senior Center

Exhibit C
Scope of Services
City Obligations

1. Utilities Costs.
a. The City shall continue to furnish telephone and internet service at the Premises for: two (2) volunteer office computers and two (2) volunteer office telephone lines, plus one computer and one telephone line for the Parks and Recreation staff office located at the Premises. b. The City shall continue to pay costs for all utilities (water, sewer, gas, trash, telephone and electricity) used at the Senior Center facility.

2. Facilities and Grounds Maintenance
a. The City shall continue to provide regular (currently Tuesday-Sunday) janitorial services and annual maintenance services at the Senior Center Facility. Said maintenance services include both internal and exterior of the facility. Should the schedule change, City will notify the Senior Center Board.
b. Facility set up and take down will continue to be facilitated by the Recreation Coordinator to support pre-scheduled Senior Center Board activities and events, based on monthly activity calendar.

3. Marketing and Outreach
a. As resources permit the City shall promote the Senior Center programs by displaying Senior Center materials at the Parks and Recreation office and appropriate locations throughout the Department and maintaining up to date "Senior Programming" information on the City's website.
b. The Recreation Coordinator will publish Senior Center programs in the Department’s triannual Activity Guide.
c. Department staff will coordinate with the City’s Communication staff to publicize events and programs via social media and online.

4. Newsletter
a. The Recreation Coordinator shall design, publish and distribute a monthly newsletter, with Senior Board feedback and contributions. The newsletter will be distributed through US Mail and email blasts, and printed copies will be available at the Senior Center and Parks and Recreation Office.
b. The City shall support the cost of the Senior Center newsletter and marketing materials in an annual amount not-to-exceed the budgeted amount, presently at $800 annually, for the mailings and printing.
c. The City shall continue to mail the Senior Center newsletter as part of the City's internal bulk mail process. Bulk mailings may be subject to annual review by the City's Finance Department.

5. Facility Management and Communication
a. City staff agrees to notify the Senior Center Board’s Executive positions via telephone and/or email of any proposed changes in use of the Senior Center due to maintenance to the facility or adjacent premises.

b. City staff shall continue to provide a hard copy of "Facility Use Calendar" to the Volunteer Office at the Senior Center listing weekly activities and facility rentals outside of operating hours.

6. Parks and Recreation Coordinator
a. The City's Parks and Recreation Department shall provide a staff liaison for the Senior Center. The duties of the staff liaison are to assist the Senior Center board in understanding City processes and, as resources permit, enhance the recreational experience of local seniors. The Recreation Coordinator, or Department representative will attend Executive Board and General Member meetings and other areas as outlined in Exhibit C Scope and Services.

7. Advocacy
a. The City shall ensure that the Senior Center has direct input to the Parks and Recreation Committee (PRC) via monthly staff and Board updates. In addition, a liaison from PRC has been assigned to Senior programming.

8. Financial Support
a. The Parks and Recreation Department shall consider financial allocations within each twoyear financial plan to support community wide senior programming, including program and activity funds to contribute and supplement the Senior Center Board programs and services. b. The City continues to provide financial support to the Senior Center Board through the use and maintenance of the facility, staff resources (Recreation Coordinator, Recreation Supervisor, Department Administrative staff, facilities staff and supplemental programming staff along with Communications, IT, and Public Works staff).

9. Safety and Consult
a. City staff will train Volunteers and Executive Board members on proper response and protocols related to incidents and emergencies.
b. Incident reports used by City staff will be provided to the Senior Center Board to distribute appropriately in accordance with the aforementioned training provided by City staff.
c. An Emergency Action Plan (EAP) has been created for the Senior Center members to follow in case of emergencies along with a Chain of Command of who to contact in emergency and non-emergency situations.
d. The City will continue to be available for emergency situations by dialing 9-1-1 or for nonemergency situations by calling non-emergency dispatch. e. City staff will continue to be available to provide guidance on unusual situations that may require staff perspective by calling or emailing directly during normal business hours (Monday – Friday 8:30 am – 5 pm).
f. Recreation Coordinator will maintain monthly safety topics and assessments at monthly Board meetings.

10. Programming
a. The City shall provide programming support, new activities, events, and recreational classes for Senior Center members and the senior population in the City.

11. Volunteer Recruitment
a. The Volunteer Coordinator will work with Community Services staff and the Executive Board to recruit volunteers to support Senior Center operations.

SENIOR CENTER OBLIGATIONS

1. Volunteer Recruitment. The Senior Center board shall continue to recruit and train volunteer personnel to provide telephone reference services and program activities during the Center's operating hours. These volunteers will be coordinated through City processes using the Volunteer Management System.

2. Newsletter. The Senior Center shall provide material to City staff to produce a monthly newsletter, to be sent to all Senior Center r, which will include a listing of all programs and activities available to Senior Center Members.

3. Communication. The Senior Center board shall provide regular communications to the Parks and Recreation Coordinator in order to maintain updated and accurate information for the Parks and Recreation Department.

4. Use of Center Outside of Normal Hours of Operation. The Senior Center Board shall check the availability of the Senior Center Facility with City staff in advance of any special events to be held at the Senior Center Facility outside of the Senior Center operating hours, 9:00AM to 4:00PM, as other uses or facility reservations may exist. T h e Senior Center Facility may be used outside of normal hours of operation if available, with an appropriate facility reservation.

5. Marketing. The Senior Center Board shall work with the City to review the Senior Center's marketing materials that are provided to outside agencies.

6. Waiver of Liability. The Senior Center Board shall require all members and their guests to sign a City liability waiver (Exhibit D) releasing the City of liability for the use of the Senior Center Facility during daily operations and participation in programs, activities or events. The Senior Center Board shall also require and collect liability waivers from all participants releasing the City of liability for any loss or injury which occurs at other locations during off-site Senior Center events and programming. Waivers will be retained by the Senior Center Board until collection by the City on a quarterly basis to be stored per the City’s retention policy.

7. Records. The Senior Center Board shall continue to keep records as required by the City concerning use of the facility, completed waivers by all members and their guests, and any other identified records (such as injury report forms). The Senior Center shall provide signed and completed waivers to City on a quarterly basis to be stored per the City’s retention policy.

8. Maintenance Protocol. The Senior Center Board shall contact the City Recreation Coordinator for facility and building maintenance needs at the Senior Center. The Recreation Coordinator shall then be responsible for scheduling maintenance assistance. In cases of emergency, the Senior Center Board shall contact, in this order in accordance with the EAP, the following staff:

1. Recreation Coordinator,

2. Recreation Supervisor Community Services,

3. Facility Specialist,

4. Facilities Supervisor/Manager.

The City shall provide current contact information for each of these staff, which shall be updated as necessary.

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE San Luis Obispo Senior Center Executive Board Page 20
Exhibit D
City Waiver and Release of Liability, daily form, page 1 of 2

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE San Luis Obispo Senior Center Executive Board Page 21
Exhibit D
Waiver and Release of Liability, daily form, page 2 of 2

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE San Luis Obispo Senior Center Executive Board Page 22
Exhibit E
Waiver and Release of Liability, Annual Form page 1 of 2

AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE San Luis Obispo Senior Center Executive Board Page 23
Exhibit E
Waiver and Release of Liability, Annual Form page 2 of 2

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 20, 2023
TO: Mayor and Council
FROM: Greg Hermann, Deputy City Manager
Nestor Veloz-Passalacqua, Diversity, Equity, and Inclusion Manager VIA: Derek Johnson, City Manager
SUBJECT: ITEM 5F – CONSIDERATION OF THE 2022-2023 DEI SLO BUSINESS

GRANT FUNDING RECOMMENDATIONS
Staff received the following questions regarding DEI SLO Business Grant funding recommendations from the Human Relations Commission (HRC). The questions are below with staff’s response shown in italics. Additionally, HRC members will attend the June 20, 2023 City Council meeting and will be available to answer questions.

1. Regarding the Ten Over Studio grant application, why would the city fund a successful for-profit firm to do this work for non-profit builders who may also have the capacity to do a feasibility study?
Answer: Commissioners decided to fund the Ten Over Studio proposal to provide affordable housing feasibility studies as it will reduce project costs for local nonprofit affordable housing developers and aligns with the City’s Housing and Homelessness Major City Goal. The Commissioners considered that the proposal would potentially increase the stock of affordable housing for the community and the long-term benefits of that to diversity, equity, and inclusion in the community.

2. Regarding the Seeds grant application, how would the distribution of “food to underserved organizations” work? Are we just subsidizing their charitable giving or is this a different kind of program?
Answer: The Seeds grant application includes two components, one component relates to community events that advance diversity, equity, and inclusion through wellness and environmental awareness. The second component includes the provision of affordable and nutritious food options for underserved and underrepresented communities. Upon review of the grant application, Commissioners decided to only fund the community events component of the proposal with the goal to create a welcoming and cultural space with a focus on wellness, healthy living, and environmental sustainability.

Item 5f
Department: Administration
Cost Center: 1010
For Agenda of: 6/20/2023
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Nestor Veloz-Passalacqua, Diversity, Equity, & Inclusion Manager SUBJECT: CONSIDERATION OF THE 2022-2023 DEI SLO BUSINESS GRANT

FUNDING RECOMMENDATIONS

RECOMMENDATION

1. As recommended by the Human Relations Commission, approve the 2022-2023 DEI SLO Business Grant funding allocations in the amount of $150,000; and

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

POLICY CONTEXT
The Human Relations Commission’s (HRC) purpose is to advise and make recommendations to City Council and the City Manager to promote and advance inclusion, mutual understanding, respect, and equitable treatment to all members of the community. The Diversity, Equity, and Inclusion (DEI) SLO Business Grant program provides financial support to local businesses and promotes the economic and social wellbeing of the community. This grant program is part of the workplan for the 2021-2023 Diversity, Equity, & Inclusion and Economic Recovery, Resiliency and Fiscal Responsibility Major City Goals. In adopting the 2021-2023 Financial Plan on June 1, 2021, the City Council approved one-time funding in the amount of $150,000 for underserved/underrepresented business support as part of the 2022-2023 budget.

DISCUSSION
Background
The City’s DEI SLO Business Grant, which is overseen by the HRC, provides financial support to local businesses to promote the economic and social well-being of all community members. Grants are made to San Luis Obispo businesses with the goal to make the City a more welcoming, inclusive, and thriving community for all. The DEI SLO Business Grant program is the product of a collaborative effort between Office of DEI and Office of Economic Development and Tourism staff. The HRC has played a similar role to previous grants in reviewing applications and recommending funding allocations to the City Council.

Item 5f
Funding Criteria
Funding criteria was developed by staff and approved by the HRC to guide application review and funding recommendations:
 Applicants must be a business based in the City of San Luis Obispo with an active business license and be in good standing; or if the application is for a new business, the applicant must complete five (5) hours of one-on-one Small Business Development Center (SBDC) consulting services and secure a business license prior to receiving the grant funds.
 Funding requests must be for activities, services, or other concepts that primarily occur in the City of San Luis Obispo.
 Funding requests must be focused on serving underserved/underrepresented communities; however, all activities, services and other concepts must be open and accessible to all people.
 Requests must be for activities, services, or other concepts with the ability to show measurable impact and/or successes.
 Viability and sustainability are also key indicators in final review and recommendation to the City Council for grant awards. The HRC prioritized projects that will continue to have a positive impact in the community even after the grant funds are spent.

Grant Application Process
On February 27, 2023, the Office of DEI launched the DEI SLO Business Grant program by advertising the availability of grant funds and information regarding the upcoming grant timeline, funding criteria, and examples of funding requests via the City’s webpage, enotifications, email to the business community and outreach to DEI partners. The DEI SLO Business Grant application was due on March 31, 2023, at 5:00 p.m. The City received grant applications from 32 businesses requesting funding for programs totaling $997,457. Attachment A includes a complete list of the applications submitted to the City for the DEI SLO Business Grant funding and the HRC’s recommended funding amounts.

The DEI SLO Business Grant Application Summary, provided as Attachment B, further describes each program.

HRC Review Process
On April 11 and 20, 2023 the HRC convened the DEI SLO Business Grant subcommittee of HRC Chair Colyer-Worth, Vice Chair Kasprzak, and Commissioner Warrecker to make preliminary funding recommendations. In reviewing the applications, the subcommittee members considered the project’s compatibility with Major City Goals and funding priorities, the impact of the proposal, and the viability and sustainability of the project to guide their funding recommendations. On May 3, 2023, the DEI SLO Business Grant subcommittee presented preliminary grant recommendations to the full HRC during a noticed public hearing. During the discussion, the subcommittee engaged with the other Commissioners to answer questions on the preliminary recommendations and ultimately voted to approve the funding recommendations reflected in Attachment A. The HRC found that the projects recommended for funding further Council’s adopted goal to make San Luis Obispo a more welcoming and inclusive place for all. A summary of the project proposals is included in Attachment B.

Item 5f
Grant Contracts
Upon Council approval of the DEI SLO Business Grant funding allocations, the City will enter into a contract with each business. Businesses awarded grant funding are required to provide a mid-year report and a year-end report describing administrative functions, metrics and outcomes, and use of funds related to the application for each grant. Reports are reviewed by staff and the HRC for completeness and program compliance.

Public Engagement
The public, and more specifically local SLO businesses, were engaged throughout the grant process. Businesses received communication of available funding, including a short presentation during a Good Morning SLO session on February 23, 2023, technical assistance during the application period, a detailed grant web application outlining funding criteria, and informational sessions in English and Spanish. This item is on the consent agenda for the June 20, 2023 City Council meeting and will follow all posting and notification requirements. The public can submit comments on this item at or before the meeting.

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

FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-2023
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $150,000 $150,000 $0 $
State
Federal
Fees
Other:

Total $150,000 $150,000 $0 $
As adopted in the 2021-2022 Financial Plan, the allocated 2022-2023 budget for the DEI SLO Business Grant program was $150,000. DEI SLO Business Grant programs will be implemented for a period of one year only starting at the beginning of the 2023-2024 Fiscal Year as funding for the program is not ongoing.

Item 5f

ALTERNATIVES

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

2. The Council may choose to fund eligible DEI SLO Business Grant applications not recommended by the HRC. This action in not recommended by staff because thorough consideration was given to recommended awardees.

ATTACHMENTS
A - 2022-2023 DEI SLO Business Grant HRC Preliminary Funding Recommendations B - 2022-2023 DEI SLO Business Grant Proposal Summary
C - 05-03-2023 HRC Meeting Minutes

Attachment A
Organization Project Requested
Amount
Recommended
Amount
1 Alpenglow
Industries
Soldering & Electronics for
Folks Underrepresented in
STEMs
$25,000 $18,353
2 Banchan Foods Kimchi Business $25,000 $25,000
3 CaliKids Fitness N/A $49,000 $0
4 Clarity Collective
LLC
Advancing Women of Color
Symposium $25,000 $0
5 Concussion
Navigation
Services
Financial Aid for
Concussion Care $10,000 $10,000
6 Corazon Café

SLO LCC
Café, Comida, Cultura &
Community $9,011 $9,011
7 Dimensions of
You
DEI Dimensions of You
(DOY) SLO $25,000 $0
8 Diringer &
Associates
SLO County Migrant
Indigenous Community
Survey
$2,750 $0
9 Gymnazo Inc.

Bridging the Gap: A
Community Fitness
Endeavor
$25,000 $0
10 Lombards
Stereo
Lombards Stereo Vehicular
Safety Outreach $150,000 $0
11 Mission
Headstrong
Autism Personal Training
Program $23,336 $23,336

Organization Project Requested
Amount
Recommended
Amount
12 Neptune's
Nursery LLC Sun Coast Kids $20,000 $0
13 PacSlo
Transport LLC Electric Vehicle Fleet $25,000 $0
14 Personal Touch
Salon N/A $25,000 $0
15 Positive
Xpression
Design
(PXDesign)
DEI SLO Business Grant $15,000 $0
16 Roxanne's
Birkenstock Gifts From the Sky $10,000 $0
17 Seeds Seeds Community Events $25,000 $14,800
18 SLO NOOR
Foundation
Whole Community Care
Project $12,000 $0
19 SLOCAR
Inc.dba Certified
Auto Repair
Keep the Community
Rolling $25,000 $10,000
20 Snooka II Thomas Villa $100,000 $0
21 Studio Prime
Architecture
Expanding Housing Options
& Educating the
Underserved
$25,000 $0
22 Susan Rose's
Pool Service Create more Jobs $10,000 $0
23 Ten Over Studio
Ten Over Studio Affordable
& Workforce Housing
Feasibility Studies
$15,000 $15,000

Organization Project Requested
Amount
Recommended
Amount
24 Texture Retail + Admin Support $25,000 $12,000
25 The Beauty Bar
Studios The Beauty Bar Studios $10,000 $0
26 The Moving
Experience LLC
The Moving Experience
Inclusivity & Awareness
Initiative
$150,000 $0
27 Tiger Monkey
Tattoo
Artist Resilience Through
Tattoo $25,000 $0
28 Trillium
Massage
Low-income health &
wellness access $9,360 $0
29 Tropics
Aquarium
Professionals
Bi-lingual Animal Care
Sheet Database $20,000 $0
30 Twig & Arrow
Salon
Twig & Arrow Salon
Diversity & Inclusion $15,000 $12,500
31 Wilderr Wilderr + SLO Inclusivity $17,000 $0
32 Zen Den Zen Den Expansion
Program $50,000 $0
TOTAL $997,457 $150,000

Attachment B
Applicant Alpenglow Industries
Project
Description
8 workshops serving an estimated 105 people in collaboration with local organizations that serve underrepresented groups who typically receive fewer opportunities to engage in tech. Instructional material will be in both English, Spanish, and videos with subtitles. Intention is to build fundamental knowledge and confidence so participants can utilize skills learned to seek entry level tech or manufacturing employment.

This is a new program requesting funds for 89% of project.

Requested
Amount $25,000
Recommended
Amount $18,353 – Recommending funding for 6 of the 8 workshops.

Applicant Banchan Foods
Project
Description
New business seeking to increase culinary diversity and promote Korean culture in San Luis Obispo. Banchan Foods will produce and sell kimchi directly to consumers online, farmers market, and at the SLO Oriental Market. This is a new business requesting funds to cover a portion of their startup.

Requested
Amount $25,000
Recommended
Amount $25,000
Applicant CaliKids Fitness
Project
Description
Calikids provides inclusive and innovative mobile fitness classes for kids between the ages of 0-10 and their caregivers by bringing equipment to homes and schools for fitness sessions. This is a new program and is requesting funds for the entire program.

Requested
Amount $49,000
Recommended
Amount
$0 – The HRC is not recommending funding due to other applications’ use of funds for sustainability and matching dollar capacity.

Applicant Clarity Collective LLC
Project
Description
Project funding request is for development of a symposium centering woman of color (though open to all people) that will focus on developing skills, learning strategies, and building connections. The target number of attendees is 50-100 and it will all be organized and delivered by women of color. This is a new program requesting funds for entire project.

Requested
Amount $25,000
Recommended
Amount
$0- Due to concerns related to cost of event for participants, the HRC is not recommending for funding.

Applicant Concussion Navigation Services
Project
Description
The program is built to provide specialty concussion rehab care to those who are uninsured, underinsured, marginalized, or economically insecure. This is a new program seeking funds for entire program.

Requested
Amount $10,000
Recommended
Amount $10,000
Applicant Corazón Café SLO LCC
Project
Description
Downtown SLO storefront coffee shop and small Mexican fusion sourcing products from many diverse sources. Business will showcase underrepresented artwork in their establishment, create a system of donations to give back to the community, and be a hub for cultural experiences. This is a new program requesting funds for a portion of the project.

Requested
Amount $9,011
Recommended
Amount $9,011
Applicant Dimensions of You
Project
Description
Dimensions of You is an individualized health coaching platform that helps people by applying cognitive behavior coaching techniques for strategies individuals can implement to improve their lives. These services will be for those who have barriers to receiving help and will be no cost to the client. This is a continuation of an existing program requesting funds for entire project.

Requested
Amount $25,000
Recommended
Amount
$0 – Due to lack of information of how program will serve underrepresented communities, the HRC is not recommending for funding.

Applicant Diringer & Associates
Project
Description
Diringer and Associates has been contracted to perform an enumeration and community survey of the immigrant indigenous populations of SLO County, focusing on Mixteco and other indigenous language speakers. There is funding from CDC to conduct survey, but that funding does not allow for compensation and this grant would provide $50 gift cards to approximately 50 people who will be interviewed. This new program is requesting funds to cover 15% of the overall project.

Requested
Amount $2,750
Recommended
Amount
$0 - Applicant withdrew application since they were able to get the funding from another source.

Applicant Gymnazo Inc.

Project
Description
Gymnazo is expanding services as traditional fitness facilities fall short and will offer community classes and scholarships for mentorship program. Additionally, the funds would allow for a staffing position and equipment. This new program is requesting funds for the entire program.

Requested
Amount $25,000
Recommended
Amount
$0 - The HRC is not recommending funding due to other applications’ use of funds for sustainability and matching dollar capacity.

Applicant Lombards Stereo
Project
Description
The project funding request would be to allow for revamped advertisement that will be geared towards underrepresented communities in SLO. Additionally, funds will be used to recruit and hire new employees. This is a new program requesting funds for the entire program.

Requested
Amount $150,000
Recommended
Amount
$0 – Due to lack of information of how program will serve underrepresented communities, the HRC is not recommending for funding.

Applicant Mission Headstrong
Project
Description
Mission Headstrong is a non-profit connected to Headstrong (business) to help close the equity gaps that exist in the fitness world. The funds would have 15 coaches certified by Autism Fitness ™ so all coaches at Headstrong will be appropriately competent to provide coaching for the Autistic Community. This is a new program requesting funds for the entire program.

Requested
Amount $23,336
Recommended
Amount $23,336
Applicant Neptune’s Nursery LLC
Project
Description
This program focuses on providing opportunities for kids to experience outdoor exercise while learning about nature reserves and hiking through an empowerment curriculum. The funds will be for staff and transportation. This is a combination of a new and existing program seeking funds to cover 40% of the program.

Requested
Amount $20,000
Recommended
Amount
$0 - Due to lack of information of how program will serve underrepresented communities, the HRC is not recommending for funding.

Applicant PacSLO Transport
Project
Description
PacSLO aims to provide transportation to and from medical appointments, emergency room discharges, surgery procedures, and leisure outings. The funding request for the vehicle was carefully chosen to reflect the City's goal of carbon neutrality. This program is seeking funds for the entire project.

Requested
Amount $25,000
Recommended
Amount
$0 – Incomplete application and business license held by the County, and not by the City of San Luis Obispo.

Applicant Personal Touch Salon
Project
Description
Personal Touch Salon aims to provide specialized training and continuing education for local stylists to better serve underrepresented members of the community with diverse hair types. The training will cover various topics in order to improve the quality of their services.

This new program is seeking funds for their entire project.

Requested
Amount $25,000
Recommended
Amount
$0 – Due to an incomplete application and not having a City of SLO Business license, the application was not reviewed.

Applicant Positive Xpression Design (PXDesign)
Project
Description
Positive Xpression is seeking funds to purchase a gently used automatic press and installation, as well as used needed screens, inks, and supplies for the operation of the new machine. This is a continuation of an existing program requesting funds for the entire project.

Requested
Amount $15,000
Recommended
Amount
$0 - Due to lack of information of how program will serve underrepresented communities, the HRC is not recommending for funding.

Applicant Roxanne’s Birkenstock
Project
Description
This would be an expansion of an existing program that has been going since 2003. The hope is to give higher quality shoes to nonprofits who focus on distribution of goods to disenfranchised community members.

This is an existing program seeking funds for 40% of the project.

Requested
Amount $10,000
Recommended
Amount
$0 - The HRC is not recommending funding due to other
comprehensive applications impacting various communities in the application of DEI concepts.

Applicant Seeds
Project
Description
Funding request has two (2) aspects to project. 1) Community events that advance DEI through wellness and environmental awareness, and 2) provide affordable and nutritious food options for underserved and underrepresented communities. This is both a new program and a continuation of an existing program and is requesting funds to cover 40% of project.

Requested
Amount $25,000
Recommended
Amount
$14,800 – Recommending funding for part 1 of the program, which includes community events advancing DEI through wellness and environmental awareness.

Applicant SLO Noor Foundation
Project
Description
This project will focus on bilingual outreach to employees to those in the lodging/restaurant industry in order to ensure those who do not qualify for government health coverage due to socioeconomic differences. This is an existing program requesting 46% of the entire project.

Requested
Amount $12,000
Recommended
Amount
$0 – Applicant does not show a for-profit business license in the City of San Luis Obispo.

Applicant SLOCAR Inc. dba Certified Auto Repair
Project
Description
SLO CAR proposes utilizing Jewish Family Services to help expand marketing to include Spanish translation, grow customer base particularly in underrepresented groups and to provide vital vehicle repairs to underserved communities. This existing program is requesting funds to cover 70% of the project.

Requested
Amount $25,000
Recommended
Amount
$10,000 – for coverage of vehicle repair mini-grants for diverse communities members experiencing lack of or no transportation.

Applicant Snooka II
Project
Description
Women-owned family business serving the community of San Luis Obispo. Not enough information from application to complete a project description.

Requested
Amount $100,000
Recommended
Amount
$0 – Due to an incomplete application, the application was not reviewed.

Applicant Studio Prime Architecture
Project
Description
Funding request is focused on 1) distribution of education information in the form of targeted social media campaigns and 2) online workshops and videos, both for ADU and jADU in order to expand the use of such spaces and helping the community understand the laws. This is a new program requesting funds to cover 45% of the project.

Requested
Amount $25,000
Recommended
Amount
$0 – The HRC did not see this project as having a high impact for SLO residents or underrepresented communities and is not recommending funding.

Applicant Susan Rose’s Pool Service
Project
Description
Susan Rose's Pool Service provides clean and safe recreational swimming for all. The funds would create more hours for employees and to be able to respond to emergency work. This is a continuation of an existing program and is requesting funds for 40% of project.

Requested
Amount $10,000
Recommended
Amount $0 – Due to an incomplete application, application was not reviewed.

Applicant Ten Over Studio
Project
Description
Ten Over Studio supports affordable housing in SLO by working with developers on feasibility studies. The grant would help team provide 5 feasibility studies to local nonprofit developers. This is a new and a continuation of an existing project requesting funds for entire project.

Requested
Amount $15,000
Recommended
Amount $15,000
Applicant Texture
Project
Description
Managed by R.A.C.E Matters SLO, this grant would give continued support to the Salon by providing product inventory for the Salon and for an administrative support position.

Requested
Amount $25,000
Recommended
Amount $12,000 – Recommending funding for product inventory only.

Applicant The Beauty Bar
Project
Description
The project funding request is to cover the cost of an esthetician program. Program is 4-6 month for 40 hours a week.

Requested
Amount $10,000
Recommended
Amount $0 - Due to an incomplete application, application was not reviewed.

Applicant The Moving Experience
Project
Description
Funding request is for a moving company that would like to target those who are disadvantaged and/or displaced minorities. Funds will be used for marketing and internal staff training. This is a new program requesting funds for the entire project.

Requested
Amount $150,000
Recommended
Amount
$0 - The HRC did not see this project as having a high impact for SLO residents or underrepresented communities and is not recommending funding.

Applicant Tiger Monkey Tattoo
Project
Description
A.R.T.T was created to be a hub for young artistic alternative souls.

Project funding request is to be used to provide training and mentorship to aspiring artists in the LGBTQ community along with continuing existing services. This is a new and a continuation of an existing program requesting funds for 70% of project.

Requested
Amount $25,000
Recommended
Amount
$0 – Applicant is not located in the City of San Luis Obispo and does not have a current City of SLO business license.

Applicant Trillium Massage
Project
Description
Project funding request is to offer health education and massage to help improve the livelihoods and wellness of underserved communities.

Project will also help decrease pain and stress and increase rate of motion and improve circulation. This request is for 100% of funding and it is the continuation of an existing program.

Requested
Amount $9,360
Recommended
Amount
$0 - The HRC did not see this project as having a high impact for SLO residents or underrepresented communities and is not recommending funding.

Applicant Tropics Aquarium Professionals
Project
Description
The funding request has two aspects, 1) is to create, maintain, and publish a database set of animal care sheets related to animals that will be sold and include accurate care description and processes. This includes a live form attached in various languages (English and Spanish first) and making this data base available. And number 2 is to develop tutorial videos (bilingual formats) with processes and descriptions and FAQs. This is a new program requesting funds for a portion of project.

Requested
Amount $20,000
Recommended
Amount
$0 - The HRC did not see this project as having a high impact for SLO residents or underrepresented communities and is not recommending funding.

Applicant Twig & Arrow Salon
Project
Description
Project funding request is to be used to further education and training for entire staff on diverse and multicultural hair and makeup types, styles, and colors. This will comprise of 2 classes and hair products for multicultural hair. This is a new program requesting funds for 85% of the project.

Requested
Amount $15,000
Recommended
Amount $12,500 – Recommending funding for the 2 courses for employees.

Applicant Wilderr
Project
Description
A Women's athletic clothing brand that will offer free fitness classes and workshops to women who may not have access to such opportunities.

The project funding request is to cover pop up shops, marketing, community fitness events, and custom sizing. This is a new program requesting funds for 85% of the project.

Requested
Amount $17,000
Recommended
Amount
$0 - The HRC did not see this project as having a high impact for SLO residents or underrepresented communities and is not recommending funding.

Applicant Zen Den
Project
Description
An acupuncture and healing center providing sliding scale services.

Project funding request is to open a second location which will allow for more accessible community-based acupuncture. This is a new project requesting funds for the entire project.

Requested
Amount $50,000
Recommended
Amount
$0 - The HRC is not recommending funding due to other
comprehensive applications impacting various communities in the application of DEI concepts.

1 Human Relations Commission Minutes
May 3, 2023, 5:00 p.m.

Council Hearing Room, 990 Palm Street, San Luis Obispo
Human Relations
Commissioners

Present:

Commissioner Catuih Campos, Commissioner Vincent DeTurris, Commissioner Sierra Smith, Commissioner Taryn Warrecker, Vice Chair Angie Kasprzak, Chair Dusty Colyer-Worth
Human Relations
Commissioners

Absent:

Commissioner Stephanie Carlotti
City Staff Present: Deputy City Manager Greg Hermann, Diversity, Equity, and Inclusion Manager Nestor Veloz-Passalacqua

1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on May 3, 2023 at 5:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Chair Colyer-Worth.

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

None
End of Public Comment--

3. CONSENT

3.a CONSIDERATION OF MINUTES - APRIL 5, 2023 HUMAN RELATIONS

COMMISSION MINUTES
Motion By Vice Chair Kasprzak
Second By Commissioner Campos
To approve the Human Relations Commission Minutes of April 5, 2023.

Ayes (6): Commissioner Campos, Commissioner DeTurris, Commissioner Smith, Commissioner Warrecker, Vice Chair Kasprzak, and Chair ColyerWorth Absent (1): Commissioner Carlotti CARRIED (6 to 0)

2 4. BUSINESS ITEMS

4.a PRESENTATION ON THE COMMUNITY SERVICE OFFICER PROGRAM Diversity, Equity, and Inclusion Manager Nestor Veloz-Passalacqua introduced Police Chief Rick Scott who provided the presentation and responded to inquiries from the Commission.

Chair Colyer-Worth opened Public Comment
Public Comments:

None
End of Public Comment--
Chair Colyer-Worth closed Public Comment
Action: The Human Relations Commission received an informational presentation about the Community Services Officer (CSO) Program from Police Chief, Rick Scott, and provided feedback. No formal action taken.

4.b REVIEW DEI SLO BUSINESS GRANT SUBCOMMITTEE

RECOMMENDATIONS AND PROVIDE A RECOMMENDATION FOR

FUNDING TO THE CITY COUNCIL FOR FINAL APPROVAL
Diversity, Equity, and Inclusion Manager Nestor Veloz-Passalacqua presented the staff report and responded to Commission inquiries.

Chair Colyer-Worth opened Public Comment
Public Comments:

Megan Souza
Sara McGrath
Crescencio Villar
Courtney Haile
Stacey Ritter
Susan Rose
Michele Aeck
End of Public Comment--
Chair Colyer-Worth closed Public Comment

3 Motion By Commissioner DeTurris
Second By Commissioner Campos
Approve the funding recommendations from the DEI SLO Business Grant Subcommittee and forward the following recommendation to the City Council final approval:

Organization Project/Program Description of Project/Program Requested Amount
Recommended
Amount
1 Alpenglow
Industries
Soldering &
Electronics for
Folks
Underrepresented
in STEMs
8 workshops serving an
estimated 105 people in
collaboration with local
organizations that serve
underrepresented groups who
typically receive fewer
opportunities to engage in tech.

Instructional material will be in
both English, Spanish, and
videos with subtitles. Intention is
to build fundamental knowledge
and confidence so participants
can utilize skills learned to seek
entry level tech or manufacturing
employment. This is a new
program requesting funds for
89% of project.
25,000 $ 18,353
2 Banchan
Foods Kimchi Business
New business seeking to
increase culinary diversity and
promote Korean culture in San
Luis Obispo. Banchan Foods will
produce and sell kimchi directly
to consumers online, farmers
market, and at the SLO Oriental
Market. This is a new business
requesting funds to cover a
portion of their startup.
25,000 $ 25,000
3 CaliKids
Fitness N/A
Calikids provides inclusive and
innovative mobile fitness classes
for kids between the ages of 0-10
and their caregivers by bringing
equipment to homes and schools
for fitness sessions. This is a new
program and is requesting funds
for the entire program.
49,000 $ 0

4 4
Clarity
Collective
LLC
Advancing
Women of Color
Symposium
Project funding request is for
development of a symposium
centering woman of color (though
open to all people) that will focus
on developing skills, learning
strategies, and building
connections. The target number
of attendees is 50-100 and it will
all be organized and delivered by
women of color. This is a new
program requesting funds for
entire project.
25,000 $ 0
5 Concussion
Navigation
Services
Financial Aid for
Concussion Care
The program is built to provide
specialty concussion rehab care
to those who are uninsured,
underinsured, marginalized, or
economically insecure. This is a
new program seeking funds for
entire program.
10,000 $ 10,000
6 Corazon
Café SLO
LCC
Café, Comida,
Cultura &
Community
Downtown SLO storefront coffee
shop and small Mexican fusion
sourcing products from many
diverse sources. Business will
showcase underrepresented
artwork in their establishment,
create a system of donations to
give back to the community, and
be a hub for cultural experiences.

This is a new program requesting
funds for a portion of the project.
9,011 $ 9,011
7 Dimensions
of You
DEI Dimensions
of You (DOY)
SLO
Dimensions of You is an
individualized health coaching
platform that helps people by
applying cognitive behavior
coaching techniques for
strategies individuals can
implement to improve their lives.

These services will be for those
who have barriers to receiving
help and will be no cost to the
client. This is a continuation of an
existing program requesting
funds for entire project.
25,000 $ 0

5 8
Diringer &
Associates
SLO County
Migrant
Indigenous
Community
Survey
Diringer and Associates has
been contracted to perform an
enumeration and community
survey of the immigrant
indigenous populations of SLO
County, focusing on Mixteco and
other indigenous language
speakers. There is funding from
CDC to conduct survey but that
funding does not allow for
compensation and this grant
would provide $ 50 gift cards to
approximately 50 people who will
be interviewed. This new
program is requesting funds to
cover 15% of the overall project.
2,750 $ 0
9 Gymnazo
Inc.

Bridging the Gap:

A Community
Fitness Endeavor
Gymnazo is expanding services
as traditional fitness facilities fall
short and will offer community
classes and scholarships for
mentorship program. Additionally,
the funds would allow for a
staffing position and equipment.

This new program is requesting
funds for the entire program.
25,000 $ 0
10 Lombards
Stereo
Lombards Stereo
Vehicular Safety
Outreach
The project funding request
would be to allow for revamped
advertisement that will be geared
towards underrepresented
communities in SLO. Additionally,
funds will be used to recruit and
hire new employees. This is a
new program requesting funds
for the entire program.
150,000 $ 0
11 Mission
Headstrong
Autism Personal
Training Program
Mission Headstrong is a nonprofit connected to Headstrong business) to help close the
equity gaps that exist in the
fitness world. The funds would
have 15 coaches certified by
Autism Fitness ™ so all coaches
at Headstrong will be
appropriately competent to
provide coaching for the Autistic
Community. This is a new
program requesting funds for the
entire program.
23,336 $ 23,336

6 12 Neptune's
Nursery LLC Sun Coast Kids
This program focuses on
providing opportunities for kids to
experience outdoor exercise
while learning about nature
reserves and hiking through an
empowerment curriculum. The
funds will be for staff and
transportation. This is a
combination of a new and
existing program seeking funds
to cover 40% of the program.
20,000 $ 0
13 PacSlo
Transport
LLC
Electric Vehicle
Fleet
PacSLO aims to provide
transportation to and from
medical appointments,
emergency room discharges,
surgery procedures, and leisure
outings. The funding request for
the vehicle was carefully chosen
to reflect the City's goal of carbon
neutrality. This program is
seeking funds for the entire
project.
25,000 $ 0
14 Personal
Touch Salon N/A
Personal Touch Salon aims to
provide specialized training and
continuing education for local
stylists to better serve
underrepresented members of
the community with diverse hair
types. The training will cover
various topics in order to improve
the quality of their services. This
new program is seeking funds for
their entire project.
25,000 $ 0
15 Positive
Xpression
Design
PXDesign)

DEI SLO
Business Grant
Positive Xpression is seeking
funds to purchase a gently used
automatic press and installation,
as well as used needed screens,
inks, and supplies for the
operation of the new machine.

This is a continuation of an
existing program requesting
funds for the entire project.
15,000 $ 0
16 Roxanne's
Birkenstock
Gifts From the
Sky
This would be an expansion of a
existing program that has been
going since 2003. The hope is to
give higher quality shoes to
nonprofits who focus on
distribution of goods to
disenfranchised community
members. This is an existing
program seeking funds for 40%
of the project.
10,000 $ 0

7 17 Seeds
Seeds
Community
Events
Funding request has two (2)
aspects to project. 1) Community
events that advance DEI through
wellness and environmental
awareness, and 2) provide
affordable and nutritious food
options for underserved and
underrepresented communities.

This is both a new program and a
continuation of an existing
program and is requesting funds
to cover 40% of project.
25,000 $ 14,800
18 SLO NOOR
Foundation
Whole
Community Care
Project
This project will focus on bilingual
outreach to employees to those
in the lodging/restaurant industry
in order to ensure those who do
not qualify for government health
coverage due to socioeconomic
differences. This is an existing
program requesting 46% of the
entire project.
12,000 $ 0
19 SLOCAR
Inc.dba
Certified Auto
Repair
Keep the
Community
Rolling
SLO CAR proposes utilizing
Jewish Family Services to help
expand marketing to include
Spanish translation, grow
customer base particularly in
underrepresented groups and to
provide vital vehicle repairs to
underserved communities. This
existing program is requesting
funds to cover 70% of the
project.
25,000 $ 10,000
20 Snooka II Thomas Villa
Women-owned family business
serving the community of San
Luis Obispo. Too little information
from application to complete a
project description.
100,000 $ 0
21 Studio Prime
Architecture
Expanding
Housing Options
Educating the
Underserved
Funding request is focused on 1)
distribution of education
information in the form of
targeted social media campaigns
and 2) online workshops and
videos, both for ADU and jADU in
order to expand the use of such
spaces and helping the
community understand the laws.

This is a new program requesting
funds to cover 45% of the project.
25,000 $ 0

8 22
Susan
Rose's Pool
Service
Create more Jobs
Susan Rose's Pool Service
provides clean and safe
recreational swimming for all.

The funds would create more
hours for employees and to be
able to respond to emergency
work. This is a continuation of an
existing program and is
requesting funds for 40% of
project.

Incomplete application
10,000 $ 0
23 Ten Over
Studio
Ten Over Studio
Affordable &
Workforce
Housing
Feasibility Studies
Ten Over Studio supports
affordable housing in SLO by
working with developers on
feasibility studies. The grant
would help team provide 5
feasibility studies to local
nonprofit developers. This is a
new and a continuation of an
existing project requesting funds
for entire project.
15,000 $ 15,000
24 Texture Retail + Admin
Support
Managed by R.A.C.E Matters
SLO, this grant would give
continued support to the Salon by
providing product inventory for
the Salon and for an
administrative support position.
25,000 $ 12,000
25 The Beauty
Bar Studios
The Beauty Bar
Studios
The project funding request is to
cover the cost of an esthetician
program. Program is 4-6 month
for 40 hours a week.
10,000 $ 0
26 The Moving
Experience
LLC
The Moving
Experience
Inclusivity &
Awareness
Initiative
Funding request is for a moving
company that would like to target
those who are disadvantaged
and/or displaced minorities.

Funds will be used for marketing
and internal staff training. This is
a new program requesting funds
for the entire project.
150,000 $ 0
27 Tiger Monkey
Tattoo
Artist Resilience
Through Tattoo
A.R.T.T was created to be a hub
for young artistic alternative
souls. Project funding request is
to be used to provide training and
mentorship to aspiring artists in
the LGBTQ community along
with continuing existing services.

This is a new and a continuation
of an existing program requesting
funds for 70% of project.
25,000 $ 0

9 28 Trillium
Massage
Low-income
health & wellness
access
Project funding request is to offer
health education and massage to
help improve the livelihoods and
wellness of underserved
communities. Project will also
help decrease pain and stress
and increase rate of motion and
improve circulation. This request
is for 100% of funding and it is
the continuation of an existing
program.
9,360 $ 0
29 Tropics
Aquarium
Professionals
Bi-lingual Animal
Care Sheet
Database
The funding request has two
aspects, 1) is to create, maintain,
and publish a database set of
animal care sheets related to
animals that will be sold and
include accurate care description
and processes. This includes a
live form attached in various
languages (English and Spanish
first) and making this data base
available. And number 2 is to
develop tutorial videos (bilingual
formats) with processes and
descriptions and FAQs. This is a
new program requesting funds
for a portion of project.
20,000 $ 0
30 Twig & Arrow
Salon
Twig & Arrow
Salon Diversity &
Inclusion
Project funding request is to be
used to further education and
training for entire staff on diverse
and multicultural hair and
makeup types, styles, and colors.

This will comprise of 2 classes
and hair products for multicultural
hair. This is a new program
requesting funds for 85% of the
project.
15,000 $ 12,500
31 Wilderr Wilderr + SLO
Inclusivity
A Women's athletic clothing
brand that will offer free fitness
classes and workshops to
women who may not have
access to such opportunities. The
project funding request is to
cover pop up shops, marketing,
community fitness events, and
custom sizing. This is a new
program requesting funds for
85% of the project.
17,000 $ 0

10 32 Zen Den
Zen Den
Expansion
Program
An acupuncture and healing
center providing sliding scale
services. Project funding request
is to open a second location
which will allow for more
accessible community-based
acupuncture. This is a new
project requesting funds for the
entire project.
50,000 $ 0
TOTAL $ 997,457 $ 150,000
Ayes (6): Commissioner Campos, Commissioner DeTurris, Commissioner Smith, Commissioner Warrecker, Vice Chair Kasprzak, and Chair ColyerWorth Absent (1): Commissioner Carlotti
CARRIED (6 to 0)

5. COMMENT AND DISCUSSION

5.a STAFF & COMMISSIONER UPDATES AND AGENDA FORECAST
Diversity, Equity, and Inclusion Manager Nestor Veloz-Passalacqua provided the following update of upcoming projects:

HRC to begin thinking about goals and objectives to be achieved for FY 2023-2024.

HRC was apprised that the Human Services Grant
Recommendations were approved by Council and that the Draft DEI Strategic Plan Framework was presented to Council as well on May 2, 2023 and feedback was received, which will be incorporated.

HRC was apprised that the Office of DEI will participate for the very first time at Pride Month by having a table and sharing information to the community.

The DEI Manager announced that the City’s Mandatory Workplace Harassment & Discrimination Prevention Training is not required for unpaid advisory body members, so HRC members do not need to attend.

The DEI Manager announced that we are in the process to receive Requests for Quotes to establish a contract with a consultant that will aid in the development of the DEI Strategic Plan.

11 6. ADJOURNMENT
The meeting was adjourned at 6:36 p.m. The next Regular Meeting of the Human Relations Commission is scheduled for June 7, 2023 at 5:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY HUMAN RELATIONS COMMISSION: 06/07/2023

Item 5g
Department: Public Works
Cost Center: 5005
For Agenda of: 6/20/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Nathan Garcia Nava, Engineer I
SUBJECT: AUTHORIZATION TO ADVERTISE CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-

9.01 RECOMMENDATION

1. Approve the Project Plans and Special Provision for the Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification Number 2000075-9.01; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award the construction contract for the bid total if the lowest responsible bid is within the Publicly Disclosed Funding limit of $700,000; and

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

5. Authorize an appropriation of $300,000 from the Capital Projects Reserve Fund to the project account (2000075-9.01); and

6. Authorize the Finance Director to return unspent Capital Reserve funding to the Capital Projects Reserve Fund balance after project completion; and

7. Authorize the Financial Director, upon completion of the project, to transfer the proportional project cost from the appropriate Enterprise Funds to the General Fund to support the project; and

8. Adopt a Draft Resolution entitled, “A Resolution of City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve fund to support the Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification Number 2000075-9.01.”

POLICY CONTEXT
On May 17, 2022 Council approved a Purchasing Policy Update to the Financial Management Manual that required Council approval for Public Projects that cost over $200,000.

Item 5g
The recommended actions for the award and fund appropriation are supported by the City Council’s adopted Capital Improvement Plan as well as its Fund Balance and Reserve Policy. The City’s Fund Balance and Reserve Policy was adopted in June 2021 and includes guidelines related to the Capital Projects Reserve Fund, as follows:

The City will maintain a committed reserve of 20% of the capital improvement plan budget from the Local Revenue Measure for the purposes of offsetting unanticipated cost increases, unforeseen conditions, and urgent unanticipated projects to provide continued investment in infrastructure maintenance and enhancement. Use and allocations of funds from the Capital Projects Reserve Fund will be made to Capital Projects including Major Facility Replacement upon Council approval as necessary during any fiscal year.

The recommended use of the Reserve to supplement the Corporation Yard Fuel Island and Wash Station Rehabilitation project is consistent with this policy.

DISCUSSION
Background
Built in 1983, the City of San Luis Obispo’s Corporation Yard contains the fuel island and wash stations (Figure 1) that are frequently used by city staff for refueling and cleaning of city vehicles. Since its original construction, there have been maintenance projects to maintain the serviceability and safety of the fuel island and wash stations. Past projects included equipment room drainage, installation of a concrete topping slab around the perimeter of the storage room and equipment room siding facing the wash stations, and replacement of the roof gutters and bird netting. Over the course of time, however, the fuel island metal siding has experienced serious corrosion due to water intrusions intensified by the proximity of the wash stations. Due to the constant wet conditions, rust became prevalent and even the various repairs made thus far could not prevent the rust from reemerging and spreading to the previously repaired areas.

Figure 1: Fuel Island and Wash Station building located at the City Corporation Yard

Item 5g
In order to address the damage, the City began working with a design consultant in 2018 to create plans that would repair the building. Work included “in-kind” replacement of the existing metal panels and repair of the structural components that show deterioration. The construction plans were completed in January 2021, but due to funding constraints, as well as preliminary design alternatives to the Prado Interchange project that showed a potential impact to the Corporation Yard, the project was placed on hold until funding could be secured and there was a better idea of the possible conflict with the Prado interchange. The Prado interchange project has progressed, providing the city with a better idea of the area of work that does not conflict with the fuel island and wash stations.

In the time since the original design plans were completed in 2021, the building deteriorated, further necessitating an updated set of design plans that accurately reflected repairs needed to address the current level of damage.

The City contacted the design consultant in November 2022 to create new design plans (Attachment A) and special provisions (Attachment B) that would properly address the existing site conditions. Additional scope of work was added to the plans to address the new deterioration. The updated scope includes replacement of existing doors at the equipment room, replacement of the wall framing studs, new curb installations, and new gravity ventilation to the equipment room.

Previous Council or Advisory Body Action
In June 2019, Council adopted its 2019-21 Financial Plan approving funding for this project. In June 2020, Council adopted the FY 2020-21 Budget Supplement that allocated design funds for this project.

Public Engagement
This capital project was originally included in the 2019-21 Financial Plan that offered an opportunity for comments during the Community forum held on January 28, 2019 at which time the public was provided an opportunity to review and comment on all capital projects.

CONCURRENCE
A building permit application was submitted to the Community Development Department’s Building Division in May 2023. The building permit will be obtained prior to the start of construction and will be issued to the Contractor following the award of a construction contract. All comments and conditions associated with the building and safety review of the project have been incorporated into the design of the project.

ENVIRONMENTAL REVIEW
The Community Development Department will issue a Notice of Exemption pursuant to section 15301 Class 1 (Existing Facilities) and section 1502 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines upon Council’s approval of the project.

Item 5g

FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:

Funding Sources Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund: Major
Facility Repl Fund - LRM $268,250 $0 $0 $0
State $0 $0 $0 $0
Federal $0 $0 $0 $0
Fees $0 $0 $0 $0
Remaining Project
Balance (2091632) $146 $0 $0 $0
2023-2024 Fiscal Year
funds $250,000 $0 $0 $0
Other: Capital Projects
Reserve Fund $4,000,000 $300,000 $3,700,000 $0
Total $4,518,395.00 $300,000 $3,700,000 $0
This project was first identified in the 2019-21 Financial Plan, where it was originally two separate projects called “Corp Yard – Fuel Island Coating and Dispensers” and “Corp Yard Fuel Island Siding” which were allocated $115,000 and $178,000 respectively for construction cost. There was an additional $14,750 set aside in the 2020-21 Budget supplement for design services that was expended during the first design phase leaving a remaining balance of $146.76 in the project account (2091632). The 2021-23 Financial Plan combined both projects into a single project titled “Corporation Yard Fuel Island and Wash Station Rehabilitation” which had a new construction budget of $300,000. The City expended some of the construction funds to cover the cost for the new design services leaving a project balance of $268,250 in project account 2000075-9.01. Once construction is completed, the cost of the project will be proportionally distributed to the Enterprise Funds that benefit from the use of the facility.

Staff have recommended an additional $250,000 in the 2023-2024 fiscal year with the Capital Improvement Plan included in the 2023-2025 Financial plan. The project is to be awarded after July 1, 2023 when the new Fiscal Year 2023-24 funding will be available.

Should Council choose to deny the approval of the 2023-2025 Financial Plan, the project will not be allocated the additional funds.

Item 5g
Staff also recommends appropriating $300,000 from the Capital Projects Reserve Fund balance to fund the construction efforts. The design team began working on the new design plans after CIP budget recommendations were provided by staff for appropriation in FY 2023-24. Though staff were aware that the additional repairs would increase the project cost, it was not anticipated that the project cost would increase beyond the $250,000 requested with the 2023-25 Financial Plan. Final plans and estimates were recently updated providing better overall cost information, indicate a need for the additional funding from the reserve.

The Capital Projects Reserve Fund is expected to receive an allocation of $4,000,000 with the approval of the 2023-25 Financial Plan that will be appropriated after July 1, 2023.

This amount complies with Capital Reserve Fund Policy which requires that the City maintain a capital reserve of 20% of the annual Local Revenue Measure capital budget to offset unanticipated cost increases and unforeseen conditions and thus provides for continued investment in infrastructure maintenance and enhancement according to the adopted project list. Below is a summary of use of the Capital Reserve in FY 2023-24.

FY 2023-24 Capital Reserve Starting Balance $4,000,000
Uses of Reserve to Date Amount Notes
Corporation Yard Fuel Island and Wash Station
Rehabilitation (2000075-9.01) $300,000 Requested via this item FY 2023-24 Remaining Reserve Balance $3,700,000

Item 5g
Project Account
(2000075-9.01)
Project Account
(2091632) Captial Reserves
Major Facility
Replacement Fund LRM
Capital Outlay
Fund - LRM
Capital Outlay
Fund
Construction Engineer's Estimate $600,000 $146.76 $69,854 $670,001 Contingencies (20%) $0 $0 $134,000 $134,000
Total for Construction $600,000 $146.76 $203,854 $804,001 Materials Testing: $0 $0 $3,000 $3,000
Construction Support: $0 $0 $10,000 $10,000
Prinitng: $0 $0 $500 $500
Total Project Estimate $0 $0 $0 $817,501
Current Project Balance: $268,250 $146 $0 $268,396
FY 2023-24 Additional Funding on
7/1/2023 $250,000 $0 $4,000,000 $4,250,000
New Requested Funding $0 $0 $300,000 $300,000
Project Funding Total $518,250 $146 $300,000 $818,396
Post Project Balance $0 $0 $3,700,000
$3,700,895
Corporation Yard Fuel Island and Wash Station Rehabilitation, Specification No. 2000075-9.01 Project Total Cost

ALTERNATIVES
Deny approval to advertise the project and the additional funds for construction.

Denying the approval to advertise the project is not recommended as the fuel island and wash station are facing deterioration and require repairs to prevent further damage. The project has already been placed on hold once before which lead to further damage and increased costs of repair to the facility.

ATTACHMENTS
A - Corporation Yard Fuel Island and Wash Stations Rehabilitation Plans B - Corporation Yard Fuel Island and Wash Stations Rehabilitation Special Provisions C - Draft Resolution authorizing use of Capital Projects Reserve fund to support the Corporation Yard Fuel Island and Wash Station Rehabilitation

AS NOTED CITY SPECIFICATION NO. DATE: SHEET NO. DESIGNED BY: DRAWN BY: CHECKED BY: APPROVED BY: SCALE: PLAN FILE NO. / LOCATION SWA GHS GHS GHS AS NOTED 04/28/2023

CITY OF SAN LUIS OBISPO CORPORATION YARD

FUEL ISLAND AND WASH STATION REHABILITATION
PROJECT TITLE: SHEET TITLE: REVISIONS:No. 91632 APPROVED: 209635 STRUCTURAL GENERAL NOTES & DETAILS S0.1 Page 121 of 1079 AS NOTED CITY SPECIFICATION NO. DATE: SHEET NO. DESIGNED BY: DRAWN BY: CHECKED BY: APPROVED BY: SCALE: PLAN FILE NO. / LOCATION SWA GHS GHS GHS AS NOTED 04/28/2023

CITY OF SAN LUIS OBISPO CORPORATION YARD

FUEL ISLAND AND WASH STATION REHABILITATION
PROJECT TITLE: SHEET TITLE: REVISIONS:No. 91632 APPROVED: 209635 STRUCTURAL GENERAL NOTES & DETAILS S0.2 Page 122 of 1079 AS NOTED CITY SPECIFICATION NO. DATE: SHEET NO. DESIGNED BY: DRAWN BY: CHECKED BY: APPROVED BY: SCALE: PLAN FILE NO. / LOCATION SWA GHS GHS GHS AS NOTED 04/28/2023

CITY OF SAN LUIS OBISPO CORPORATION YARD

FUEL ISLAND AND WASH STATION REHABILITATION
PROJECT TITLE: SHEET TITLE: REVISIONS:No. 91632 APPROVED: 209635 (E) STORAGE ROOM (E) EQUIPMENT ROOM FOUNDATION PLAN S2.1 Page 123 of 1079
AS NOTED CITY SPECIFICATION NO. DATE: SHEET NO. DESIGNED BY: DRAWN BY: CHECKED BY: APPROVED BY: SCALE: PLAN FILE NO. / LOCATION SWA GHS GHS GHS AS NOTED 04/28/2023

CITY OF SAN LUIS OBISPO CORPORATION YARD

FUEL ISLAND AND WASH STATION REHABILITATION
PROJECT TITLE: SHEET TITLE: REVISIONS:No. 91632 APPROVED: 209635 ROOF FRAMING PLAN S2.2 Page 124 of 1079

SPECIAL PROVISIONS
FOR

CITY OF SAN LUIS OBISPO
Corporation Yard Fuel Island and Wash Station Rehabilitation Specification No. 2000075-9.01
JULY 2023

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200

Corporation Yard Fuel Island and Wash Station Rehabilitation Specification No. 2000075-9.01
Approval Date: June 20,2023

TABLE OF CONTENTS
NOTICE TO BIDDERS..................................................................................................... I BID SUBMISSION......................................................................................................................................I BID DOCUMENTS ....................................................................................................................................II PROJECT INFORMATION........................................................................................................................II QUALIFICATIONS....................................................................................................................................III AWARD ....................................................................................................................................................IV ACCOMMODATION..................................................................................................................................V BID FORMS ....................................................................................................................A

BID ITEM LIST FOR CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-9.01 ........................................................................................................A LIST OF SUBCONTRACTORS................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT.............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NON-COLLUSION DECLARATION..........................................................................................................F BIDDER ACKNOWLEDGEMENTS.......................................................................................................... G QUALIFICATIONS.................................................................................................................................... H ATTACH BIDDER'S BOND TO ACCOMPANY BID...................................................................................I SPECIAL PROVISIONS.................................................................................................. 1 DIVISION I GENERAL PROVISIONS.......................................................................................................1 1 GENERAL...........................................................................................................................................1 3 CONTRACT AWARD AND EXECUTION...........................................................................................1 4 SCOPE OF WORK.............................................................................................................................1 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC.......................................................2 8 PROSECUTION AND PROGRESS ...................................................................................................2 DIVISION VI STUCTURES .......................................................................................................................2 59 STUCTURAL STEEL COATINGS....................................................................................................2 DIVISION XI MATERIALS.........................................................................................................................6 91 PAINT ...............................................................................................................................................6 DIVISION XIII APPENDICES....................................................................................................................8 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0

NOTICE TO BIDDERS
i

NOTICE TO BIDDERS

BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, California 93401, until 11:00 a.m. on July 13 ,2023
at which time they will be publicly opened and read aloud via Microsoft Teams video conference and conference call. Public bid opening may be viewed via Microsoft Teams video conference call. In person attendance will be permitted. Use the following link:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_ODA1MmIyOGItM2NhZS00YjJkLWEzZDMtMmYwYjUwOTNmMDI 5%40thread.v2/0?context=%7b%22Tid%22%3a%22a78b182d-94e4-4507-a9a9- 330dcb148164%22%2c%22Oid%22%3a%22a8add278-38fa-47c3-8727- acd5a57b58ec%22%7d
or join by phone with this number: 1 (209) 645-4165 with Conference ID: 656 817 560# Submit bid in a sealed envelope plainly marked:

CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-9.01
Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered.

By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents.

All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions.

Each bid must be accompanied by either a:

1. certified check

2. cashier's check

3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract.

The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
ii
All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List.

Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code.

The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids.

Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects.

BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals No printed copies are available for purchase at the City office.

Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer.

Contact the project manager, Nathan Garcia Nava at 805-783-7865 or the Public Works Department at (805) 781-7200 prior to bid opening to verify the number of addenda issued.

PROJECT INFORMATION
In general, the project consists of repairing and/or replacing the existing metal siding as well as the steel columns and frames that have deteriorated.

The project estimated construction cost is $700,000.

Contract time is established as 60 working days.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
iii
The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time.

In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

There will be a MANDATORY walkthrough on June 29, 2023 at 1:00 pm. Prime contractors wishing to submit a bid proposal are required to attend and sign in at the meeting. Bidders should meet in the parking lot in front of Building B (Operations Center) at the Corporation Yard, 25 Prado Road, San Luis Obispo CA.

QUALIFICATIONS
You must possess a valid Class C-33 & D-41 Contractor's License at the time of the bid opening.

You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code.

You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project’s bid opening date.

One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor.

Two of the referenced projects must be for commercial building siding repair.

One of the referenced projects must be for exterior painting.

Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive.

The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
iv
The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the

1. knowledge

2. experience,

3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City.

Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders.

It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award.

Protests must be filed no later than five working days after either:

1. bid opening date

2. notification of rejected bid.

Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.

Valid protests must contain the following information:

1. the reasons for the protest

2. any supporting documentation

3. the ruling expected by the City to remedy the protest.

Any protest not containing all required information will be deemed invalid and rejected.

The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered.

The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination.

If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.

Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request.

AWARD
The lowest bidder will be determined using the BID TOTAL

NOTICE TO BIDDERS

NOTICE TO BIDDERS
v
As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.

You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263.

ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be made as early as possible in the bidding process to allow time for accommodation.

BID FORMS
A

BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together.

THE UNDERSIGNED, agrees that they have carefully examined:

1. the location of the proposed work

2. the plans and specifications

3. read the accompanying instructions to bidders
and propose to furnish all:

4. materials

5. labor
to complete all the required work satisfactorily in compliance with

6. plans

7. specifications

8. special provisions
for the prices set forth in the bid item list:

BID ITEM LIST FOR CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-9.01
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 1 99 Demolition LS 1 ---
2 73 Removal of existing concrete
raised curb LF 40
3 11,59 Existing structural column
repairs LS 1 ---
4 11,59 Existing structural steel frames
repairs LS 1 ---
5 91 Painting of fuel island and
dispensers LS 1 ---
6 59 New wall panels LS 1 ---
7 15 Door replacement EA 2
8 15 Replacement of existing
downspouts EA 2
9 99 Installation of the bird netting LF 72
10 75 Installation of galvanized steel
louver LS 1 ---
11 82
Removal and disposal of existing
signage and installation of new
signage
LS 1 ---

BID FORMS

BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 12 73 New 6" curb LF 150
13 99 Gutter allowance LF 50
14 99 New RMI roofing membrane LS 1 ---
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work.

BID FORMS

BID FORMS
C

LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications.

For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed.

NOTE: If there are no subcontractors, write “NONE” and submit with bid.

Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.

BID FORMS

BID FORMS
D
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board.

LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is

BID FORMS

BID FORMS
E
under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.

Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BID FORMS

BID FORMS
F

NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________

BID FORMS

BID FORMS
G

BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo.

Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date .

The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected” by the City.

Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:

Business Name (DBA):

Owner/Legal Name:

Indicate One: Sole-proprietor  Partnership Corporation List Partners/Corporate Officers:

Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date

BID FORMS

BID FORMS
H

QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.

Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
and did this project include
commercial siding
replacement/repair?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Was this contract for a public agency? Date project completed:

Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
and did this project include
commercial siding
replacement/repair?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed: Was this contract for a public agency? Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
and did this project include painting
activity?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public
agency?
Yes □ No □

BID FORMS

BID FORMS
I

ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:

That we ____________________________________________, AS PRINCIPAL, and _______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents:

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.

Bidder Principal:

Signature Date
Title:

Surety:

Bidder's signature is not required to be notarized. Surety's signature must be notarized.

Equivalent form may be substituted
(Rev. 6-30-14)

SPECIAL PROVISIONS
1 SPECIAL PROVISIONS

ORGANIZATION
Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:

The work must be done in compliance with the City of San Luis Obispo, Department of Public Works:

1. Corporation Yard Fuel Island and Wash Station Rehabilitation Special Provisions

2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition

3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-

1.02 of the City of San Luis Obispo’s Standard Specifications.

Failure to comply with the provisions of these sections is a material breach of contract:

1. Sections 5 through 8 of the Standard Specifications

2. Section 12 through 15 of the Standard Specifications

3. Section 77-1 of the Standard Specifications

4. Section 81 of the Standard Specifications

5. authorized working hours

6. OSHA compliance
3 CONTRACT AWARD AND EXECUTION
Add Section 3-1.18B CONTRACT EXECUTION, Building Permit 3-1.18B Building Permit
The contractor must obtain a no-fee building permit from the Community Development Department. All requirements of the building permit shall be applied to the project. The contractor is responsible for coordinating inspection with the building division for the project. Request for inspection must be scheduled 72 hours in advanced of the required inspection.
4 SCOPE OF WORK

SPECIAL PROVISIONS

SPECIAL PROVISIONS
2 Add to Section 4-1.03 WORK DESCRIPTION:

Comply with the provisions of Sections 11, 15, 59, 73, 75, 82, 91, and 99 for general, material, construction, and payment specifics.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records (labor code 1776) with:

Furnish the Engineer one Portable Document Format (PDF) file which contains all certified payroll records for the prior month’s work. Redact the PDF file making the employee’s social security number illegible. Failure to submit PDF file with other monthly payroll records is considered an incomplete payroll submission and penalties will be assessed. 8 PROSECUTION AND PROGRESS
Add to Section 8-1.03 PRECONSTRUCTION CONFERENCE with:

14. Schedule of Values

15. Coating systems and colors including sealants, patching materials, primers, etc.

DIVISION VI STUCTURES
59 STUCTURAL STEEL COATINGS
Add to Section 59- Painting
The Corporation Yard buildings were constructed in 1984. No lead (above background levels) is known to exist.

You must make every effort and must be responsible to protect City staff and the public from the construction site. In accordance with the Contractor’s approved Traffic Control and Pedestrian Safety Plan, you will provide all signs, lights, barricades, and/or other facilities to provide protection and warning for the public, and to detour staff and the public around the immediate work site as needed. When working next to or above an entrance or exit, you will be required to provide a temporary covered passageway or other such protective measures as required by the City to provide free and safe passage of occupants and general public to occupied portions of the building.

You must make every effort to coordinate work with occupants and adjacent properties in order to minimize impacts to their normal operations. Access must be maintained to building occupants during their normal business hours.

You must provide your own source of potable water to use as you will not have access to the available on-site source of potable water. You must coordinate water usage with City staff and insure that hoses are routed so as to not cause tripping or other hazards to staff and the public.

SPECIAL PROVISIONS

SPECIAL PROVISIONS
3 Electrical outlets providing 110V power are available at the buildings . You may use these power sources or provide your own source of power. You must coordinate power usage with City staff and insure that cords are routed so as not to cause tripping or other hazards to staff and the public.

You will not be allowed to use the Corporation Yard toilet facilities. During construction, you must make arrangements and provide for adequate toilet facilities at the work site.

You must secure and maintain the sanitary facilities in acceptable condition from the beginning of work until completion, and remove the facilities and disinfect the premises.

Building exterior walls identified on the plans and these Special Provisions will be cleaned, patched, repaired, prepared and coated or sealed as indicated on the attached plans and as called for in these Sections.

Generally, 1) all exterior surfaces, whether to be coated or not, must be cleaned, 2) all previously coated metal and plaster surfaces, cornices and projections must be cleaned, prepared, patched, repaired and coated; 3) previously coated metal such as bollards, alarms, standpipes, doors and frames, vents, downspouts must be cleaned, prepared and coated, 4) aluminum store fronts must be cleaned; 5) all exterior window glass and glazing must be cleaned.

All debris, trash, masking tape and other waste materials must be removed and discarded off site on a daily basis.

As work proceeds, immediately remove all spilled, splashed, or splattered coatings, solvents or other materials without any run-off to open storm drains. Collect empty containers, rags, waste material, and debris and remove from the site each day.

The site must be maintained free of unnecessary accumulations of tools, equipment, surplus materials, and debris. Any materials, tools, and equipment left on site must be locked in a Contractor-supplied trailer or storage container.

Upon completion of the work, you must remove all excess materials, equipment, containers, and waste from the job site. Coating spots or stains must be removed from adjacent surfaces.

Prepare surfaces in a skillful manner to produce finish work of first class appearance and durability. Cleaning, surface preparation and repair must be done in accordance with these Special Provisions and the manufacturer’s recommendations for the coatings to be used. Should a conflict arise between these specifications and the manufacturer’s recommendation, the more rigorous or intensive surface preparation will apply.

Surface features such as light fixture trims, signs, alarms, etc., will be masked and protected in-place during painting operations. Security lighting must be maintained at night.

SPECIAL PROVISIONS

SPECIAL PROVISIONS
4 All surfaces must be completely clean and free of bubbled/delaminated paint, loose paint, checked paint, raised edges, rust, scale, oil, dirt, grease, mineral deposits, mildew and all other surface contaminants. All cleaning operations must be free of any contaminants that would interfere with the adhesion of any coatings, sealants or caulking.

Cleaning must be done with pressure washing or other method found acceptable by the City. Use only clean fresh water for cleaning and rinsing. Top quality cleaning agents may be used to assist cleaning process as long as chemicals or residues are not left behind or are detrimental to adjacent fixtures or vegetation. No cleaning water or chemicals will be allowed to enter storm drains.

All surfaces are to be cleaned. If a surface cannot be cleaned for any reason the condition must be reported to the Engineer immediately. In addition, any surface considered to be unsuitable for proper finishing must be brought to the attention of the Engineer. Contractor must not apply coating until corrective measures have been taken.

After cleaning/washing, surfaces must be allowed to dry at least two days or until the moisture content of the surface to be painted is no more that 15%.

Mildew and algae growth on surfaces must be removed by washing with a mild bleach solution and scrubbed where necessary with a soft bristle brush, or other approved method, rinsed and allowed to dry thoroughly before coating.

Any loose, flaking, peeling, raised, bubbled and delaminated paint must be removed by scraping, wire brushing and/or sanding. Any remaining old coating must have adhesion that is sufficiently high as to prevent lifting as a layer with a putty knife. Edges of the remaining coating must be feathered to achieve a smooth appearance or filled with a patching compound.

Surface defects and cracks in the stucco must be repaired in accordance with manufacturer’s recommendations for the coatings to be used. All patchwork to be done must match existing stucco texture to blend in when surface is painted. Cracks ranging from 1/64" to 1/32", apply appropriate KEL-SEAL Elastomeric Sealant (brush grade) over entire area in need of renovation. If surface is chalky, apply Kelly-Moore 98 Stucco Seal before applying sealant. Cracks exceeding 1/32", route out to 1/4" wide by 1/4" deep.

When completed check to see if surface is sound and free of loose materials. Large holes and cracks, trowel with Rapid Set Stucco Patch, feather edges to match existing.

Pressure wash metal surfaces to remove dirt contaminants, rust scale or oxides and loose and peeling paint. Wire brush, scrape, or sand as necessary to provide a smooth surface for paint application. Prime all bare and rusted metal with recommended epoxy primer.

You must check all caulked and sealed joints for deterioration. Particular attention must be given to sealed joints at cornices and architectural projections. Deteriorated joints must be repaired by removing all existing caulking, sealants and other loose, deteriorated or foreign materials from joint. Joint must be recaulked and sealed following manufacturer’s

SPECIAL PROVISIONS

SPECIAL PROVISIONS
5 recommendations for preparation, priming, backing and application. Use Tremco “Dymeric” sealant or approved equal.

City Inspector will verify that surfaces are ready to receive coatings as instructed by the product manufacturer prior to placement of coatings. Contractor must not apply products to unsuitable surfaces.

Preparation, coating and application must conform to the requirements of these Special Provisions and the manufacturer’s recommendations. Any deviation from manufacturer’s recommendations must be approved in writing by the manufacturer prior to starting alternate procedures.

Comply with manufacturer’s recommendations for drying time between coats.

Edges of coating adjoining other materials or other colors must be clean and sharp.

Thinning shall be permitted only as recommended by the manufacturer for the conditions of application and allowed by applicable regulations.

Each application of coating must be applied evenly with proper film thickness and free of sags, runs, skips, streaks and brush marks, with no evidence of poor workmanship. Care must be exercised to avoid lapping on glass or hardware.

You must mask, cover and shield all walkways, adjacent buildings and windows, lights, signs and other surface features that cannot be removed and all other surfaces not intended for coating as specified. Surfaces from which materials cannot be removed satisfactorily must be recoated to produce a finish satisfactory to the City.

When two or more coats of coating are specified, the first coat must contain sufficient approved color additive to act as an indicator of coverage or the two coats must be of contrasting color or shade.

Where the number of coats or dry film thickness is specified or recommended by the manufacturer, they will be considered a minimum. The Contractor must apply additional coats as necessary at no additional cost to achieve the specified dry film thickness and to produce uniform color and provide satisfactory finish results.

In cases where a newly coated portion of a wall or surface is found to be unacceptable, the whole wall or surface must be recoated.

At the conclusion of the work, the Contractor will provide to the City all unused and partially full cans of coatings for use by the City.

The City may provide for inspection of any or all of the work completed under this contract during the one year following the date of completion or placement into service or such longer period of time as may be prescribed by laws, regulations of all coating work required by this

SPECIAL PROVISIONS

SPECIAL PROVISIONS
6 section. If any work is found to be defective, as determined by the City, its employees or consultants, you must promptly correct the defective work at no cost to the City. All defective work must be repaired in accordance with the coating manufacturer's recommendation and the satisfaction of the City in order to bring the defective areas up to the quality level of the original work required by this specification.

If you do not complete corrective work promptly, the City may complete the work itself or hire others to complete it for them. You and your Surety will be liable to the City for all direct and indirect costs.

DIVISION XI MATERIALS
91 PAINT
Add to Section 91-Paint
Approval of materials and products by the City does not waive your responsibility to provide materials which will meet the needs of the building’s coating or the guarantee period.

Painting must be in accordance with these Special Provisions and the manufacturer’s recommendations. Should a conflict arise between these specifications and the manufacturer’s recommendations, the more rigorous or intensive surface preparation or paint application will apply.

You must supply all materials, equipment tools, storage, coatings, solvents, abrasives, air compressors, hoses, paint guns, materials storage and any other tools and equipment necessary for the proper preparation and application of the coatings. You must be attentive to wind conditions to reduce the drifting of dust and coatings and must make every effort to prevent the damage of public and private property.

Paints must be applied only on thoroughly dry surfaces and during periods of favorable weather. No coating or paint will be applied to wet or damp surfaces, in rain, fog, or mist, nor in conditions not recommended by the manufacturer. If such conditions are prevalent, coating or painting must be delayed or postponed until conditions are favorable. The day's coating or painting must be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions.

Unless otherwise required by the manufacturer’s instructions, coatings must not be applied when relative humidity is above 70 percent or when temperature is below 50 degrees or above 100 degrees.

The thickness of coatings and paint must be checked with a non-destructive, magnetic type thickness gauge. In cases of dispute concerning film thickness, measurements made with instruments shown to be in calibration with the National Bureau of Standards calibration plates will predominate. You must furnish U.S. Department of Commerce, National Bureau of Standards certified thickness calibration plates to test accuracy of dryfilm thickness gauge. All inspection devices must be in good working order.

SPECIAL PROVISIONS

SPECIAL PROVISIONS
7 Coating materials must conform to these Special Provisions. Only high-grade products of manufacturers having an established good reputation in the manufacture of quality protective coatings will be used.

Products must be delivered to the project site in original unbroken packages bearing the manufacturer’s name and product number.

The paragraphs below and the attached schematic plans identify different surfaces and the coating type to be applied to the structure and associated components. The following coating system by Kelly-Moore Paints is pre-approved for use on this project:

Stucco/Plaster
Utility Box Covers, Utility Meters and all Metal Support Brackets, Bollards Galvanized Drip Flashing, Downspouts, Vents and Pipes
Metal, Doors and Frames
Ferrous Pipe

1. Clean and prep per this Section.

2. Prime where needed with Bar-Rust 235V.

3. Finish with two (2) coats with Devthane 379H.

Colors for top coats must generally match the original colors on the building. The following pre-approved Kelly-Moore colors may be used or matched closely:

Color 1 – BM711 Boca Raton Blue
Color 2 – BM904 White Blush
Color 3 – DC9400 Safety Yellow
Color 4 – DC9000 Safety Red
Undercoats shall be a lighter color than top coat.

You must prepare color and finish samples for each finish color. Refer to these Special Provisions for submittal requirements. Final coat of paint must not be applied until finish colors have been submitted and approved by the Engineer.

You may submit for consideration coatings and materials of manufacturer's other than those specified herein in. Submittals must be in accordance with these Special Provisions. The submittals for coating products must at a minimum contain the following information:
a. Material Name / Manufacturer
b. Standards which the product complies with
c. Conditions for which the product was developed or can be used under d. Testing information / data on product
e. Any material guarantees
f. Expected life

SPECIAL PROVISIONS

SPECIAL PROVISIONS
8 g. Surface Preparation for coatings including any special requirements for this project
h. Recommended uses
i. Safety precautions and SDS sheets
j. Track record for coatings
k. Installation guidelines
l. Name and phone number of the area sales representative for the product m. Any other information you feel would be helpful in the City’s review You must provide satisfactory documentation from the firm manufacturing the proposed material that the material meets the specified requirements and is equivalent to or better than the listed materials in the following properties:
a. Quality
b. Durability
c. Resistance to abrasion and physical damage
d. Life expectancy
e. Ability to recoat in the future
f. Solids content by volume
g. Dry film thickness per coat
h. Compatibility with other coatings
i. Suitability for the intended service
j. Resistance to chemical attack
k. Temperature limitations in service and during application l. Type and quality of recommended undercoats and topcoats m. Ease of application
n. Ease of repairing damaged areas
o. Stability of color
Materials submitted for coating systems for each type of surface must be the product of a single manufacturer.

All submitted coating products must be in compliance with all current local, state and federal air quality mandates.

DIVISION XIII APPENDICES

APPENDIX

APPENDIX
0 APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).

WITNESSETH:

That the Owner and the Contractor for the consideration stated herein agree as follows:

ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.

It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives.

ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows:

Item
No.

Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)

1. 2.

3. BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract.

Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive.

APPENDIX

APPENDIX
1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached:

1. Notice to Bidders and Information for Bidders

2. Standard Specifications and Engineering Standards

3. Special Provisions, any Addenda, Plans and Contract Change Orders

4. Caltrans Standard Specifications and Standard Plans 2015

5. Accepted Bid and Bid Bond

6. List of Subcontractors

7. Public Contract Code Sections 10285.1 Statement

8. Public Contract Code Section 10162 Questionnaire

9. Public Contract Code Section 10232 Statement

10.Labor Code Section 1725.5 Statements

11.Bidder Acknowledgements

12.Qualifications

13.Non-collusion Declaration

14.Agreement and Bonds

15.Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined

APPENDIX

APPENDIX
2 by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written.

CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:

Name of Company
________________________________ By:________________________________ J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT

R ______
RESOLUTION NO. _____ (2023 SERIES)

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

OBISPO, CALIFORNIA, AUTHORIZING USE OF CAPITAL PROJECTS

RESERVE FUND TO SUPPORT THE CORPORATION YARD FUEL

ISLAND AND WASH STATION REHABILITATION, SPECIFICATION
NUMBER 2000075-9.01
WHEREAS, in June of 2019, City Council approved the 2019-21 Financial Plan, which identified the Corp Yard – Fuel Island Coating and Dispensers with a budget of $155,000 to support construction efforts; and
WHEREAS, in June of 2019, City Council approved the 2019-21 Financial Plan which identified the Corp Yard – Fuel Island Siding with a budget of $178,000 to support construction efforts; and
WHEREAS, in June of 2021, City Council approved the 2021-23 Financial Plan which combined both previous projects into a single called Corporation Yard Fuel Island and Wash Station Rehabilitation (Project) with a budget of $300,000 to support the design and construction efforts; and
WHEREAS, in June of 2023, staff will recommend approval of the 2023-25 Financial Plan – Capital Improvement Program, which identified the Project with an additional budget of $250,000 to support the implementation of the work; and WHEREAS, to provide funding to support the total construction contract for the Project, staff is recommending City Council approve the use of an additional $300,000 from the Capital Projects Reserve Fund; and
WHEREAS, a balance of $4,000,000 will be available on July 1, 2023 for the Capital Projects Reserve Fund
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

Resolution No. _____ (2023 Series) Page 2
R ______
SECTION 1. The City Council authorizes staff to transfer $300,000 from the Capital Projects Reserve Fund to the Corporation Yard Fuel Island and Wash Station Rehabilitation project account 2000075-9.01.

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

Item 5h
Department: Public Works
Cost Center: 5002
For Agenda of: 6/20/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Shelsie Moore, Supervising Civil Engineer
SUBJECT: AUTHORIZATION TO ADVERTISE THE MISSION PLAZA CONCEPT PLAN PHASE 1 INCLUDING MISSION PLAZA RESTROOM, CAFÉ

KIOSK, ART KIOSK, AND PARK LIGHTING REPLACEMENT PROJECT, SPECIFICATION NO. 91439-01

RECOMMENDATION

1. Approve the project plans and specifications for the Mission Plaza Restroom and Kiosk project1, Specification No. 91439-01; and

2. Authorize staff to advertise bids; and

3. Authorize the City Manager to award the Construction Contract for the bid total if the lowest responsible bid is within the Publicly Disclosed Funding Limit of $2,400,000; and

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

5. Authorize staff to procure a temporary restroom trailer for the duration of the project within the available project budget; and

6. Approve the sole source of Steven Handelman Studios Light Fixtures including exterior wall fixtures and pedestrian park pole light fixtures for all Mission Plaza; and

7. Authorize the advertisement of a Request for Proposal (RFP) for a lease tenant for the Café Kiosk in a form approved by the City Attorney; and

8. Authorize the City Manager to execute the agreement with the preferred tenant.

POLICY CONTEXT
With adoption of the Fiscal Year 2021-23 Financial Plan, Council established a Major City Goal of Economic Recovery, Resiliency, and Fiscal Sustainability. Within that Major City Goal is the strategic approach for Downtown Vitality with efforts to focus on supporting infrastructure investments. The Mission Plaza improvements are included in the infrastructure investments the City is pursuing to meet the Major City Goal by activating a public space and increasing safety of the plaza. Additionally, this is an approved capital improvement plan project in the recently adopted 2023-25 Financial Plan that continues to support the Major City Goal of Economic Resiliency, Cultural Vitality, and Fiscal Sustainability.

1 Project title condensed to “Mission Plaza Restroom and Kiosk” for construction documents.

Item 5h
On May 17, 2022, Council approved a Purchasing Policy Update which requires Council approval for Public Projects with a value of $200,000 or more.

DISCUSSION
Background
In 2017, the City Council reviewed and adopted the Mission Plaza Concept Plan. A major component of the Concept Plan is to replace the existing restroom and install a new kiosk to activate the plaza. Since 2018, the City has been working with RRM Design Group to prepare design documents for this phase of the Mission Plaza Concept Plan to meet the needs of the City. In 2020 after several advisory body meetings, a Council Study Session was conducted to get direction for the final scope of the project. The project then proceeded through the entitlement process in 2022 and received approval from the Community Development Department for architectural review and consistency with the goals and policies of the City’s General Plan for development in the Downtown Area. The project is subject to conditions of approval including but not limited to protection of the Murray Adobe by hiring a qualified Architectural Historian to monitor construction work and Archeological Monitoring in compliance with the Archaeological Resource Preservation Program Guidelines due to the historic nature of the site.

Project
The project will include the replacement of the existing restroom within the Mission Plaza with a new restroom, construction of a small café kiosk, arts kiosk, creation of an outdoor seating area, and associated site improvements surrounding these buildings.

Figure 1: Rendering of Project Site Design

Item 5h
The project will activate the Mission Plaza adjacent to the restroom, café kiosk, and art kiosk. The project also includes improving accessibility (ADA) and enhancing safety through site lighting and security cameras. The project is ready to advertise for construction and the construction plans (Attachment A) and special provisions (Attachment B) have been prepared and reviewed through the Building Permit review process.

During construction of the project, the City will need to provide temporary restroom facilities for the public. In order to accommodate the needs of the City for the duration of the project, staff is requesting authorization to enter into a contract for the use of a restroom trailer on an as needed basis within the available project budget.

Staff is also requesting authorization to advertise a Request for Proposal (RFP) for a tenant to lease the Café Kiosk. Staff would like to secure a tenant for the space prior to completion of construction in order to be ready to fully activate the plaza adjacent to all the new improvements. This RFP will be prepared in a form approved by the City Attorney and the final tenant agreement will be executed by the City Manager and City Attorney.

Sole Source Justification
This project’s architectural design is unique due to the historical significance of being within the Downtown Historic District. The Mission Plaza has a unique and special character that reflects the community’s culture and history. The City hired RRM to design this project through the on-call architectural design services agreement after a public request for proposal and competitive selection process. In order to complete the full design, RRM subcontracted with Steven Handelman Studios for custom light fixtures that complemented the architectural design of the new buildings as well as compliments the Mission. Due to the need to pay special attention to the details of this design, staff recommends approving a sole source justification to use Steven Handelman Studios light fixtures throughout the project.

Figure 2: Proposed Steven Handelman Studios Light Fixtures

Item 5h
These lights are specifically designed to reflect and complement the historic district with key elements that pull in details from the Mission Era. The fixtures are custom designed and fabricated by Steven Handelman Studios with the goal of achieving a timeless and authentic appearance that threads the natural and built environment. They are manufactured in a way that replicates forged aged metal that complements the architecture of the Mission. Staff recommends sole sourcing these products within the Mission Plaza and to complete this project in accordance with Municipal Code

3.24.060(C) since these custom light fixtures can only be purchased from one supplier.

Previous Council or Advisory Body Action
On September 5, 2017, the Mission Plaza Concept Plan was adopted by City Council.

After the Mission Plaza Concept Plan was adopted, staff proceeded with the Mission Plaza Restroom and Kiosk project. The project was presented to many advisory bodies and then presented to City Council for a study session on February 18, 2020. Next the conceptual design was presented to the Cultural Heritage Committee on April 25, 2022.

The project was reviewed by the Community Development Director through the Architectural Review application and the conceptual project plans were approved on June 1, 2022 based on findings and subject to project conditions that have been incorporated into the final construction documents.

Public Engagement
This project received public input throughout the process due to the many advisory body meetings listed above. Additionally, this project has received funding in each financial plan since the 2015-17 Financial plan. The City engages the public during each financial plan process.

CONCURRENCE
There is concurrence from the Community Development Department through the architecture review process and during review and approval of the project for building permit issuance. The building permit will be obtained prior to the start of construction and will be issued to the Contractor following the award of a construction contract. This project also has concurrence from the Administration Department as they have reviewed the project throughout the design process and from the Finance Department through the review of the sole source justification of Steven Handelman Studios light fixtures.

ENVIRONMENTAL REVIEW
On June 1, 2022, the Community Development Director approved the Architectural Review application for the proposed project, and found the project categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (Class 1, Existing Facilities), Section 15302 (Class 2, Replacement or Reconstruction), and Section 15303 (Class 3, New Construction of Small Structures). The project remains consistent with the previous discretionary approval, and identified categorical exemptions, as it includes replacement of the restroom building on the same site, for the same purpose and capacity, an existing structure as described in CEQA Guidelines Section 15302 (Replacement or Reconstruction); construction of a small kiosk

Item 5h
building to be put to uses which are allowed in the Public Facilities (PF) Zone, with all necessary services and facilities available, as described in CEQA Guidelines Section 15303 (New Construction of Small Structures); and creation of an outdoor seating area through minor alteration of an existing public facility, as described in CEQA Guidelines Section 15301. The project is consistent with the applicable general plan policies as well as with applicable City Regulations. A Notice of Exemption will be filed through the Community Development Department upon Council approval of the project and confirmation of CEQA findings.

FISCAL IMPACT
The Mission Plaza Restroom and Kiosk project has been receiving funding since 2016.

The table below shows the funding received to date.

Prior Funding for Mission Plaza Restroom and Kiosk
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 TOTAL $80,000 $0 $25,000 $45,000 $150,000 $0 $1,035,000 $1,335,000 The project account has a current balance of $922,785 to use toward construction. In Fiscal Year 2023-24, $2,429,972 will be added to the project account with Council’s approval of the 2023-25 Financial Plan. Of this amount, $2,354,302 is allocated for this project and $75,670 is allocated for the continuation of Mission Plaza Concept Plan Implementation in the primary plaza area. The proposed project is recommended to be awarded after July 1, 2023 when the next fiscal year funding is available.

This project is structured with only a base bid due to the need to complete the entire project at this time for cost efficiencies. The project’s Construction Engineer’s Estimate is $2,250,000, but staff is recommending allowing the City Manager to award the construction contract if the lowest responsible bid is within the Publicly Disclosed funding amount of $2,400,000 in compliance with Public Contract Code Section 20103.8(c). This will allow staff to award the project and stay on schedule for construction if prices come in slightly higher than the engineer’s estimate.

Mission Plaza Restroom and Kiosk Construction Estimate
Restroom Building $550,000
Kiosk Building $250,000
Site Work(Including Lighting) $1,450,000
Total Engineer’s Estimate $2,250,000
Construction Contingency (23%) $510,000
Total Construction Estimate $2,760,000
Budgeted: Yes Budget Year: Ongoing
Funding Identified: Yes

Item 5h
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $922,785 $922,785 $0 N/A
State
Federal
Fees
Other: General
Fund: 2023-24
Funding Request
for this Project
$2,354,302 $2,354,302
Total $3,277,087 $3,277,087 $0 N/A
The table below shows all estimated project costs to complete the project within the available budget if the bids come in under the Publicly Disclosed Funding Limit of $2,400,000. The project will require hiring many consultant services including a communications consultant, construction management consultant, archeological monitor, historian monitor, design consultant support, and special inspector. The City will also need to rent a temporary restroom for the duration of the project to support the plaza during construction.

Project Account
(2091439 - LRM)
Publicly Disclosed Funding Limit: $ 2,400,000
Contingency (15%): $ 360,000
Construction Total: $ 2,760,000
Printing and Advertising $ 1,000
Communications Consultant $ 20,000
Construction Management $ 300,000
Archeological and Historian Monitoring $ 25,000
Design Consultant Construction Support $ 30,000
Material Testing and Special Inspection $ 40,000
Temporary Restrooms during Construction $ 100,000
Total Project Costs: $ 3,276,000
Current Project Balance: $ 922,785
Project Budget Available July 1, 2023: $ 2,354,302
Total Available Budget: $ 3,277,087
Post Project Remaining Balance: $ 1,087
Mission Plaza Restroom and Kiosk, Specification 91439

Item 5h

ALTERNATIVES

1. Deny Authorization to Advertise the project. This alternative is not recommended by staff because the project is planned for construction this summer and delay in advertising will affect the completion of the project.

2. Deny Approval of the Sole Source of Steven Handelman Studios Light Fixtures for the Mission Plaza and pursue procurement of alternate light designs. This alternative is not recommended as the City would have to change the design and would therefore delay construction and completion of the project.

ATTACHMENTS
A - Project Plans (Spec. 91439-01)
B - Special Provisions (Spec. 91439-01)
C - Sole Source Justification for Steven Handelman Studios Light Fixtures

CITY LIMITS

CITY LIMITS
Reference Documents:

City Standard Specifications - August 2020 EditionCity Engineering Standards - August 2020 Edition DATUM:

SAN LUIS OBISPO COUNTY, CALIFORNIA

MISSION PLAZA

RESTROOM & KIOSK

APPROVED BY
SPECIFICATION NO. DATE SHEET
Brian A. Nelson, City Engineer R.C.E. C79870 Approved Date MAY 12, 2023
91439-01 FILE NO./LOCATION
No. C 79870
G001

TOPOGRAPHIC SURVEY
PREPARED BY: WALLACE GROUP
DATE: JANUARY, 2016
PROJECT No.: 0061-0084
0256-03-CU20

SURVEY NOTES

1. ALL MEASUREMENTS LISTED, SHOWN AND REPRESENTED HEREON ARE BASED ON GROUND DISTANCES.

2. THE CONTOUR INTERVAL IS 1 FOOT.

3. THIS SURVEY WAS DONE FOR THE PURPOSE OF MASTER PLAN DESIGN FOR THE MISSION PLAZA AND SURROUNDING STREETS.

4. UNDERGROUND UTILITY LOCATIONS ARE PLOTTED BASED ON ABOVE GROUND PAINT MARKS BY OTHERS, ABOVE GROUND SURFACESTRUCTURES. ACTUAL LOCATION MAY DIFFER. ADDITIONAL UNDERGROUND UTILITY LINES MAY EXIST. FOR MORE INFORMATIONREGARDING UTILITY LOCATION, SIZE, DEPTH, CONDITION, AND CAPACITY CONTACT UTILITY OR MUNICIPAL/PUBLIC SERVICE FACILITY.

5. UNDERGROUND PIPE SIZES ARE BASED ON VISUAL OBSERVATIONS MADE FROM THE SURFACE AND ARE APPROXIMATE.

6. EASEMENTS AFFECTING THE PROPERTY SHOWN HEREON MAY EXIST.

NO TITLE INFORMATION WAS PROVIDED. NO ATTEMPT HAS BEEN
MADE TO PLOT EASEMENTS.

HORIZONTAL CONTROL FOR POINTS 8044 & 8046 AS PUBLISHED
IN THE CITY OF SAN LUIS OBISPO 2007 HORIZONTAL CONTROL
NETWORK. CITY NETWORK IS BASED ON THE NORTH AMERICAN
DATUM OF 1983 (NAD83) EPOCH DATE 1991.35, ZONE 5
CALIFORNIA. POINT 8046 BEARS NORTH 88° 16' 09.74" EAST
1240.47'

VERTICAL CONTROL IS BASED ON THE CITY OF SAN LUIS OBISPO BENCHMARK SYSTEM 2007 AND REFERENCED BY BENCHMARKNO. 373 WITH AN ELEVATION OF 193.02'. POSITION IS NOT SHOWN. CITY'S BENCHMARK SYSTEM IS BASED ON THE NORTH
AMERICAN VERTICAL DATUM OF 1988 (NAVD88).
sheet no. description
GENERALG001 TITLE SHEETG002 GENERAL NOTESG003 CONDITIONS OF APPROVAL CIVILCD101 DEMOLITION PLANCG101 HORIZONTAL CONTROL PLANCG102 GRADING, DRAINAGE & UTILITY PLANCG103 EROSION CONTROL PLAN

ARCHITECTURAL
G-101 GENERAL NOTES & FINISH SCHEDULEG-103 ACCESSIBILITY DETAILSG-104 ACCESSIBILITY DETAILSG-105 CAL GREEN REQUIREMENTSG-106 CAL GREEN REQUIREMENTSG-107 CAL GREEN REQUIREMENTS AK101 FLOOR PLAN & DOOR SCHEDULEAK201 ROOF PLANAK103 REFLECTED CEILING PLANAK301 EXTERIOR ELEVATIONS & SECTIONAK501 INTERIOR ELEVATIONSAK601 WALL SECTIONSAR101 FLOOR PLAN & DOOR SCHEDULEAR102 ROOF PLANAR103 REFLECTED CEILING PLANAR301 EXTERIOR ELEVATIONSAR302 EXTERIOR ELEVATIONSAR401 BUILDING SECTIONSAR501 INTERIOR ELEVATIONSAR601 WALL SECTIONSA-901 DETAILSA-902 DETAILSA-903 DETAILSA-911 ADOBE DETAILS

LANDSCAPE ARCHITECTURAL
TP001 TREE PROTECTION PLANTP501 TREE PROTECTION DETAILS & NOTES LC001 CONSTRUCTION NOTESLC101 CONSTRUCTION PLANLC501 CONSTRUCTION DETAILSLC502 CONSTRUCTION DETAILSLC503 CONSTRUCTION DETAILSLC504 CONSTRUCTION DETAILSLC505 CONSTRUCTION DETAILSLI101 IRRIGATION PLANLI201 IRRIGATION HYDROZONE PLANLI501 IRRIGATION DETAILSLI502 IRRIGATION DETAILSLP101 PLANTING PLAN LP501 PLANTING DETAILS
STRUCTURALS-101 SHEET INDEX, ABBREVIATIONS & SYMBOLSS-102 GENERAL NOTESS-103 GENERAL NOTESS-104 GENERAL NOTESS-105 SPECIAL INSPECTIONS & TESTSS-201 RESTROOM FOUNDATION & ROOF FRAMING PLANS-211 KIOSK FOUNDATION & ROOF FRAMING PLANS-221 CMU ELEVATIONSS-301 TYPICAL CONCRETE DETAILSS-302 TYPICAL CONCRETE DETAILSS-303 FOUNDATION DETAILSS-401 TYPICAL MASONRY DETAILSS-402 TYPICAL MASONRY DETAILSS-403 TYPICAL MASONRY DETAILSS-404 TYPICAL STEEL DETAILSS-405 TYPICAL STEEL DETAILSS-406 TYPICAL STEEL DETAILSS-407 TYPICAL STEEL DETAILsS-411 STEEL DETAILSS-412 STEEL DETAILS ELECTRICALE-001 ELECTRICAL NOTES, LEGEND, AND ABBREVIATIONSE-002 SINGLE LINE DIAGRAM AND FIXTURE SCHEDULEE-003 ELECTRICAL DETAILSE-004 ELECTRICAL DETAILSE-005 ELECTRICAL DETAILSE-006 ELECTRICAL DETAILSE-007 ELECTRICAL DETAILSE-008 ELECTRICAL DETAILSED-101 ELECTRICAL DEMOLITION SITE PLANED-102 EXISTING ELECTRICAL SITE PLANEK-101 ELECTRICAL KIOSK FLOOR PLANSER101 ELECTRICAL RESTROOM FLOOR PLANSES-101 ELECTRICAL SITE PLANET24101 ENERGY COMPLIANCE DOC. - INTERIOR LIGHTING (RESTROOM)
ET24102 ENERGY COMPLIANCE DOC.-INTERIOR LIGHTING (KIOSK) PLUMBINGP1.0 PLUMBING NOTES, SCHEDULES, LEGEND &

ABBREVIATIONS
P2.0 PLUMBING DETAILSP3.0 PLUMBING FLOOR PLANS (RESTROOMS) WASTE AND WATER
P3.1 PLUMBING FLOOR PLANS (KIOSK) WASTE AND WATER
index to plans
sheet no. description
100% CONSTRUCTION

DRAWINGS
Phone:Fax:

OWNER
City of San Luis Obispo Public Works990 Palm StreetSan Luis Obispo, CA 93401Shelsie Moore, Supervising Civil Engineer 805-783-7735
Phone:Fax:

ARCHITECT / LANDSCAPE ARCHITECT / CIVIL / STRUCTURAL
RRM Design Group3765 S. Higuera St. Ste 102San Luis Obispo, CA 93401Kathryn Hicks, Project Manager (805) 543-1794(805) 543-4609
Phone:Fax:

ELECTRICAL ENGINEER
Thoma Electric3562 Empleo St., Ste. CSan Luis Obispo, CA 93401Christopher Jose (805) 543-3850

SCOPE OF WORK
PROJECT GENERALLY INCLUDES, BUT IS NOT LIMITED TO:
x DEMOLITION OF EXISTING SITE IMPROVEMENTS, INCLUDING RESTROOM BUILDING,

TRELLIS STRUCTURE, STONE WALLS, CURBS, GUTTERS, SIDEWALKS, EXISTING UTILITIES, AND SELECT TREES AND LANDSCAPING.
x CONSTRUCTION OF 504 SF SITE BUILT RESTROOM BUILDING AND 165 SF SITE BUILT KIOSK AND ASSOCIATED FOUNDATIONS AND UTILITIES.
x CONSTRUCTION OF SURROUNDING PLAZA AND PATIO SPACE, INCLUDING BRICK

PAVEMENT, SEATWALLS, STAIRS, GRANITECRETE PATIO, METAL RAILINGS, BAR SEATING AREA AND DIGITAL ART KIOSK.
x SITE UTILITES, INCLUDING NEW DOMESTIC WATER SERVICE, SEWER, AND ELECTRICAL.x SITE FURNISHINGS, INCLUDING BENCHES, TABLES, PLANTER POTS, DRINKING FOUNTAIN, LIGHT POLES, AND STRING LIGHTS.
x NEW IRRIGATION TO TIE INTO EXISTING SYSTEM.x NEW LANDSCAPE BOULDERS AND TREE, SHRUB, AND TURF-GRASS PLANTING, INCLUDING LARGE BOX SPECIMEN OLIVE TREES AT GRANTECRETE PATIO.

PROJECT DIRECTORY
En.01 PLUMBING ENERGY COMPLIANCE

> >
^ ^ ^ ^
SD

PROPERTY/RIGHT-OF-WAY LINE

CENTER LINE

SAWCUT AND CONFORM LINE

LIMIT OF WORKFENCE LINEFLOW LINE

GRADE BREAK

TREE PROTECTION ZONE

STRIPING

TYPE II SLURRY SEAL

EXISTING POLE LIGHTPROPOSED POLE LIGHTPROPOSED DRINKING FOUNTAIN/BOTTLEFILLER

STORM DRAIN LINE

WATER LINE
ROW

LIMIT OF WORK
GB
W
W
SS
SD
OH

EXISTING MANHOLEEXISTING SIGNEXISTING WATER VALVEEXISTING CLEANOUTEXISTING WATEREXISTING SEWEREXISTING STORM DRAINEXISTING OVERHEAD LINESEXISTING MAJOR CONTOUREXISTING MINOR CONTOURPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOUR 315
S
315315315

ABBREVIATIONS

AB AGGREGATE BASEAC ASPHALT CONCRETEAP ANGLE POINTARV AIR RELEASE VALVE

BCR BEGIN CURVEBW BACK OF WALK
CB CATCH BASINCL/CL. CENTERLINE/CLASSCMP CORRUGATED METAL PIPECONC. CONCRETE DBH DIAMETER AT BREAST HEIGHT [OF A TREE]DI DRAIN INLETDIP DUCTILE IRON PIPEEG EXISTING GRADEEX. EXISTINGELEV ELEVATIONFDC FIRE DEPARTMENT CONNECTIONFG FINISHED GRADEFL FLOWLINEFS FINISHED SURFACEFFE FINISHED FLOOR ELEVATIONFW FIRE WATERHP HIGH POINT

IPS IRON PIPE SIZE

JT JOINT TRENCH

LP LOW POINT
MAX. MAXIMUM
EL. MINIMUM

NTS NOT TO SCALEPL PROPERTY LINEPCL PARCELPCC PORTLAND CEMENT CONCRETEPOC POINT OF CURVE/POINT OF CONNECTIONPOT POINT OF TANGENTPRC POINT OF REVERSE CURVE ROW RIGHT OF WAYRET. WALL RETAINING WALLRP REDUCED PRESSURERW RECYCLED WATER SD STORM DRAINSFM SEWER FORCE MAINSL STREET LIGHT/SERVICE LATERALSS SANITARY SEWERSTA STATIONSTD. STANDARD TBD TO BE DETERMINEDTBM TEMPORARY BENCHMARKTC TOP OF CURBTF TOP OF FOOTINGTP TOP OF PAVEMENTTG TOP OF GRATETYP. TYPICALTW TOP OF WALL

UON UNLESS OTHERWISE NOTED

W WATERWSE WATER SURFACE ELEVATION
THE PROJECT CONSISTS OF:
x SIDEWALK AND PLAZA RECONSTRUCTIONx BUILDING DEMOLITIONx BUILDING CONSTRUCTIONx LANDSCAPING & IRRIGATIONx NET IMPERVIOUS AREA OF LESS THAN 5,000 SQUARE FEET THE PROJECT IS A REGULATED PROJECT SUBJECT TO CENTRAL COAST POST-CONSTRUCTION STORMWATER REQUIREMENT 1 PER RESOLUTION R3-2013-0032. REFERTO PROJECT STORMWATER CONTROL PLAN APPLICATION FOR FURTHER DETAILS.

STORMWATER COMPLIANCE

GENERAL NOTES
G002

EARTHWORK QUANTITIES
AREA OF DISTURBANCE: 6,700 SQUARE FEET
MAXIMUM CUT HEIGHT: 1 FOOT
MAXIMUM FILL HEIGHT: 2 FEET
RAW CUT: 80 CUBIC YARDS
RAW FILL: 70 CUBIC YARDS
ADJUSTED FILL:
(ASSUME 0% SHRI NK/SWELL) 70 CUBIC YARDS
NET QUANTITY: 10 CUBIC YARDS EXPORT
THE APPROXIMATE RAW EARTHWORK QUANTITIES SHOWN HEREON REPRESENT THE ESTIMATED VOLUMETRIC DIFFERENCE CALCULATED BETWEEN THE PROPOSEDSUBGRADE AND ESTIMATED EXISTING SUBGRADE SURFACE, AND ARE SUBJECT TO CHANGE. THESE ESTIMATES DO NOT INCLUDE CONSIDERATIONS FOR LOSSES OR BULKING DUE TO: SOIL AMENDMENTS, STABILIZATION, CONSTRUCTION TECHNIQUE, FOOTING & TRENCHING SPOILS, ETC. THESE CONSIDERATIONS, IN ADDITION TO

ACTUAL FIELD CONDITIONS AND THE FINAL RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER, MAY SIGNIFICANTLY EFFECT THE FINAL IMPORT/EXPORT QUANTITIES. APPROXIMATE QUANTITIES SHOWN ON THESE PLANS ARE FOR PERMITTING PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CALCULATE ACTUAL QUANTITIES FOR THE PURPOSE OF CONSTRUCTION AND COST ESTIMATES. CONTRACTOR IS ALSO RESPONSIBLE FOR ADJUSTMENTS TO SLOPE HINGE POINTS IN ORDER TO PROVIDE GRADED PAD AREA ADJACENT TO PATHS, WALKWAYS, AND ROADS FOR UTILITY BOXES, TRANSFORMERS, AND ABOVE GROUNDUTILITY INFRASTRUCTURE.

APPROXIMATE RAW EARTHWORK QUANTITIES SHOWN ABOVE FOR BIKE PATH AREA BETWEEN FOOTHILL BLVD AND RAMONA DRIVE ONLY. APPROXIMATE RAW EARTHWORK QUANTITIES FOR REMAINING PROJECT AREAS ARE NOT PROVIDED. CONTRACTOR IS RESPONSIBLE FOR ANY/ALL MATERIALS QUANTITIES, EARTHWORK QUANTITIES ASSOCIATED WITH WORK SHOWN HEREIN. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CALCULATE ACTUAL QUANTITIES FOR THE PURPOSE OF BIDDING, COST ESTIMATES AND CONSTRUCTION.

PROJECT SOILS REPORT
PREPARED BY:

EARTH SYSTEMS PACIFIC
4378 OLD SANTA FE ROAD
SAN LUIS OBISPO, CA 93401
DATE: OCTOBER 21, 2022
UPDATED: N/A
REPORT NAME:

GEOTECHNICAL ENGINEERING REPORTMISSION PLAZA RESTROOM AND CAFE

SAN LUIS OBISPO, CALIFORNIA
PREPARER: Robert Down, PE
LICENSE: PE 70206
XXX
NLS
NLS

1. ALL WORK SHALL BE PERFORMED IN CONFORMANCE WITH THESE PLANS, SPECIAL PROVISIONS PREPARED FOR THIS PROJECT AND THE 2020 CITY OF SAN LUIS OBISPO STANDARD

SPECIFICATIONS AND ENGINEERING STANDARDS, IN CONJUNCTION WITH THE STATE OF

CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS AND STANDARD PLANS, 2015 EDITION (UNREVISED), AND LATEST EDITION OF CALIFORNIA MUTCD.

2. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR PERMITTEE TO CONTACT "UNDERGROUND SERVICE ALERT OF NORTHERN/CENTRAL CALIFORNIA" BY PHONE AT 8-1-1 FORTY-EIGHT (48) HOURS PRIOR TO START OF CONSTRUCTION FOR LOCATION OF POWER, TELEPHONE, OIL AND NATURAL GAS UNDERGROUND FACILITIES. CONTRACTOR OR PERMITTEE SHALL ALSO CONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OF CABLE T.V., WATER,SEWER, DRAINAGE OR UNDERGROUND FACILITIES.

3. THESE PLANS DO NOT INDICATE ALL EXISTING FACILITIES IN THE VICINITY OF THE PROPOSED WORK SUCH AS EXISTING IRRIGATION HEADS AND LINES, SHRUBBERY AND VEGETATION, ETC.

THE CONTRACTOR MUST USE CARE TO AVOID DAMAGE TO ANY EXISTING IMPROVEMENTS OR

VEGETATION IN THE VICINITY OF THE WORK, AND MUST REPAIR ANY FACILITIES DAMAGE DURING CONSTRUCTION TO THE SATISFACTION OF THE ENGINEER.

4. WHERE TRIMMING OF EXISTING VEGETATION IS REQUIRED DURING CONSTRUCTION IT MUST BE

DONE IN A MANNER TO REMOVE THE MINIMUM POSSIBLE AMOUNT OF VEGETATION AND LEAVE THE REMAINING IN AN ATTRACTIVE CONDITION. CONTRACTOR MUST COORDINATE WITH CITY ARBORIST PRIOR TO TRIMMING OF ANY VEGETATION.

5. PROTECT TREE BRANCHES, TRUNK, ROOTS AND FOLIAGE THROUGH PROPER TRIMMING AND CONSTRUCTION TECHNIQUES WHENEVER POSSIBLE PER CITY STD SECTION 20.

6. THESE PLANS DO NOT INDICATE ALL OVERHEAD LINES. CONTRACTOR SHALL TAKE CARE DURING CONSTRUCTION TO AVOID CONTACT WITH OR DAMAGE TO EXISTING OVERHEAD LINES.

7. ANY EXISTING UTILITIES AND IMPROVEMENTS THAT BECOME DAMAGED DURING CONSTRUCTION

SHALL BE COMPLETELY RESTORED TO THE SATISFACTION OF THE ENGINEER AT THE CONTRACTOR'S SOLE EXPENSE.

8. CONTRACTOR SHALL CONTACT ALL UTILITY COMPANIES AND AGENCIES WITH SERVICES IN THE

AREA PRIOR TO COMMENCING CONSTRUCTION ACTIVITIES AND COORDINATE WITH THE UTILITY COMPANIES AFFECTED BY CONSTRUCTION.

9. PROTECT SURVEY MONUMENTS IN PLACE DURING CONSTRUCTION. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE REPLACEMENT OF DAMAGED ORDISPLACED SURVEY MONUMENTS AND SHALL NOTIFY THE CITY FIVE (5) WORKING DAYS PRIOR TO RESTORING MONUMENTS. MONUMENTS SHALL BE RESET BY A CALIFORNIA LICENSED LAND

SURVEYOR AND SHALL INCLUDE PREPARING AND FILING A CORNER RECORD WITH SAN LUIS OBISPO COUNTY.

10. ALL STRIPING AND MARKINGS SHALL BE PER CALTRANS REVISED STANDARD PLANS 2015 -A20A, A20B, A20C, A20D, A24A, A24B, A24C, A24D, AND A24E. ANY STRIPING NOT MARKED FOR REMOVAL SHALL BE PROTECTED IN PLACE. SEE SPECIAL PROVISIONS SECTION 84.

11. ALL CURB, GUTTER, AND SIDEWALK IMPROVEMENTS SHALL BE COMPLETED PRIOR TO THE START OF PAVING WORK.

12. CONCRETE SIDEWALKS MUST CONFORM TO ENGINEERING STANDARDS 4110 & 4220.13. REMOVAL AND REPLACEMENT OF EXISTING CONCRETE SHALL CONFORM TO ENGINEERING STANDARD 4910.

14. ALL EQUIPMENT SUBMITTALS, INCLUDING PATH/STREET LIGHTING, SIGNS, ETC. SHALL BE APPROVED BY CITY PRIOR TO INSTALLATION.

15. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING UTILITY COVERS IN FIELD.16. PROTECT UTILITY COVERS IN PLACE. ENSURE EXCESSIVE LIP BETWEEN COVER AND SLURRY DOES NOT FORM. THERMOPLASTIC STRIPING PLACED ON CONCRETE REQUIRES A PRIMER COATPRIOR TO APPLICATION.

GENERAL NOTES:

LEGEND:

CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:

SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

MISSION PLAZA RESTROOM & KIOSK

AS NOTED
MAY 12, 2023

NOT FOR CONSTRUCTION
0256-03-CU20
91439-01
100% CONSTRUCTION DOCUMENTS
THE PROJECT PROPERTY IS LOCATED WITHIN A FLOOD ZONE AS MAPPED BY FEMA MAP NUMBER 06079C1068G DATED NOVEMBER 16, 2012. THE LIMITS OF FLOOD ZONE AE ARE DEPICTED ON THE GRADING AND DRAINAGE PLAN SHEET. ALL PROPOSED STRUCTURES AND UTILITIES SHOWN ON THESE PLANS COMPLY WITH THE CITY OF SAN LUIS OBISPO DRAINAGE DESIGN MANUAL AND FLOODPLAIN MANAGEMENT REGULATIONS.

FLOODPLAIN AND DRAINAGE COMPLIANCE
ADDITIONAL NOTES:

1. ALL WORK LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY OR WITHIN THE JURISDICTION OF THE UTILITIES AND PUBLIC WORKS DEPARTMENTS SHALL COMPLY WITH THE MOST CURRENTEDITION OF THE ENGINEERING STANDARDS AND SPECIFICATIONS.

2. A SEPARATE ENCROACHMENT PERMIT IS REQUIRED FOR ANY WORK IN THE PUBLIC RIGHT-OF-WAY, WITHIN CITY EASEMENTS, OR FOR CONNECTIONS FOR PUBLIC UTILITIES. WORKREQUIRING AN ENCROACHMENT PERMIT INCLUDES BUT IS NOT LIMITED TO DEMOLITIONS,UTILITIES, WATER, SEWER, AND FIRE SERVICE LATERALS, CURB, STREET TREE PLANTING ORPRUNING, CURB RAMPS, STREET PAVING, AND PEDESTRIAN PROTECTION OR CONSTRUCTION STAGING IN THE RIGHT-OF-WAY.

3. ANY SECTIONS OF DAMAGED OR DISPLACED CURB, GUTTER & SIDEWALK, OR DRIVEWAY

APPROACH SHALL BE REPAIRED OR REPLACED TO THE SATISFACTION OF THE PUBLIC WORKS DIRECTOR.

4. CONTACT THE PUBLIC WORKS INSPECTION HOTLINE AT 781-7554 WITH AT LEAST A 48-HOUR NOTICE FOR ANY REQUIRED ENCROACHMENT PERMIT INSPECTION OR FINAL INSPECTION.

5. THE ADJOINING STREET SHALL BE CLEANED BY SWEEPING TO REMOVE DIRT, DUST, MUD AND CONSTRUCTION DEBRIS AT THE END OF EACH DAY.

6. A TRAFFIC AND PEDESTRIAN CONTROL PLAN SHALL BE SUBMITTED TO THE PUBLIC WORKS DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO ENCROACHMENT PERMIT ISSUANCE.

7. ANY EXISTING SURVEY MONUMENTS SHALL BE PROTECTED IN PLACE OR SHALL BE TIED OUT BY

A LICENSED LAND SURVEYOR PRIOR TO DISTURBANCE AND THEN REPLACED PRIOR TO OCCUPANCY IN ACCORDANCE WITH SECTION 8771 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE.

8. EROSION CONTROL MEASURES SHALL BE IMPLEMENTED AND MAINTAINED TO THE

SATISFACTION OF THE BUILDING OFFICIAL AND PUBLIC WORKS DIRECTOR DURING ALL DEMOLITIONS, CONSTRUCTION AND GROUND DISTURBING ACTIVITIES.

CONDITIONS OF APPROVAL
G003
XXX
NLS
NLS
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:

SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

MISSION PLAZA RESTROOM & KIOSK

AS NOTED
MAY 12, 2023

NOT FOR CONSTRUCTION
0256-03-CU20
91439-01
100% CONSTRUCTION DOCUMENTS

1. As conditioned, the project is consistent with the goals and policies of the City’s General Plan for development in the Downtown Area and for Public and Cultural Facilities (Land Use Element (LUE) §§ 4 & 5) and with policies and programs for the treatment of Cultural Resources (Conservation and Open Space Element (COSE) § 3). The project improves and enhances Mission Plaza’s function as a space to accommodate public socialization in a setting which is festive and comfortable for public gatherings, walking, and sitting (LUE §§ 4.4 & 4.5). The reconstructed restroom facilities are sited and designed such that the space is observable from the Plaza walkway and adjacent streets, and the multi-use kiosk building “activates” the space, to enhance public safety (LUE §§ 4.8 & 4.9). The style and character of the new buildings have been carefully considered for compatibility with architecturally and historically significant buildings adjacent to the Plaza and in the Downtown Historic District, and the project involves no changes to the historic Murray Adobe (COSE §§ 3.3.1, 3.3.5, & 3.6.3). Condition of approval #3 requires anarcheological monitoring plan to be prepared and implemented, for the protection of, and avoidance of adverse effects on, potentialarchaeological resources, consistent with the City’s Archaeological Resource Preservation Program Guidelines (COSE §§ 3.5.1 & 3.5.4).

2. The project conforms to the standards set forth in the City’s Zoning Regulations. The proposed replacement restrooms, new kiosk, and new outdoor seating area will provide amenities for continued public use of the property within a Public Facility (PF) Zone and are designed and sited in a manner consistent with applicable Property Development Standards (Zoning Regulations § 17.10.020 & Ch. 17.48).

3. On April 25, 2022, the Cultural Heritage Committee found the project, as conditioned, to be consistent with the City’s Historic PreservationOrdinance (SLOMC Ch. 14.01) and with the supporting Historical Preservation Program Guidelines (HPPG). The property is located within the Downtown Historic District. Consistent with guidelines for construction in historic districts (HPPG §§ 3.1 & 3.2), proposed new buildings are oflimited size and scale, their materials, colors, and detailing have been carefully considered for architectural compatibility with the style and details exhibited by important historic buildings in the Downtown Historic District, without seeking to directly copy or mimic these buildings, and they have been sited in a manner that enhances views through to the Murray Adobe from the street (HPPG §§ 3.2.1 & 3.2.2). Condition of approval #2 requires implementation of monitoring during construction activities to provide protection guidance for work adjacent to the Murray Adobe, and attention to appropriate surface treatment adjacent to the building to protect it from further moisture damage.

4. The project is consistent with Community Design Guidelines, including Downtown Design Guidelines (CDG Ch. 4). The proposed buildings are designed with consideration of the site context, incorporating local themes inspired by nearby historic buildings within the Downtown Historic District, and employ authentic building styles, design elements, and materials (§§ 1.4 (A), 2.1, & 4.2 (D)).

5. The work proposed under the project is categorically exempt from further environmental review, described in the Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines). It involves: replacement of the restroom building on the same site, for the same purpose and capacity, an existing structure as described in Guidelines § 15302 (Replacement or Reconstruction); construction of a small kiosk building to be put to uses which are allowed in the Public Facilities (PF) Zone, with all necessary services and facilities available, as described in Guidelines § 15303 (New Construction of Small Structures); and creation of an outdoor seating area through minor alteration of an existing public facility, as described in Guidelines § 15301.

Please note the project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to the project.

Planning

1. Conformance to approved plans. Final project design and construction drawings submitted for building permits shall be in substantial compliance with the plans approved by this application, and with all conditions of approval. A separate full-size sheet shall be included in plans submitted for permits, listing all conditions of project approval. Reference shall be made in the margin of the listed conditions as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping or other conditions of approval must be reviewed and approved by the Community Development Director.

2. Adobe Protection. A qualified Historic Architect or Architectural Historian with demonstrated experience working with Adobe structures shall be retained to monitor and provide protection guidance for any work in the immediate vicinity of the perimeter of the Murray Adobe. Final plans for construction permits to complete this project shall note this requirement and construction permits shall not be issued until a monitoring plan has been approved by the Community Development Director. Improvements adjacent to the base and perimeter of the Adobe shall be limited to decomposed granite, pea gravel, or similar surface, appropriately sloped to promote drainage away from the building and protect the building from damage by moisture, runoff, or new vegetation.

3. Archaeological Monitoring. The applicant shall provide an archeological monitoring plan prepared by a City-qualified archeologist to be implemented during construction. The plan shall identify the qualified professional who will conduct the monitoring and circumstances where a Native American tribal representative or qualified site monitor is required. The plan shall recommend specific procedures for responding to the discovery of archeological resources during the construction of the project consistent with § 4.60 of the Archaeological Resource Preservation Program Guidelines. The plan shall be submitted as a part of the building permit.

Engineering

4. Plans submitted for construction permits to complete the project shall include an overall site plan depicting the existing structures, demolitions, new structures, site improvements, and all trees and their disposition.

5. Plans submitted for construction permits to complete the project shall include a utility plan showing existing and proposed utility services for reference. The plan shall show the limits of existing, new, replaced, abandoned, and relocated services where applicable.6. Plans submitted for construction permits to complete the project shall include a grading anddrainage plan to show the limit and extent of grading and drainage modifications to the plaza.

Improved and re-directed drainage shall be conveyed in a non-erosive manner to an approved outlet.7. Plans and materials submitted for construction permits to complete the project shall show and note compliance with the City’s Floodplain Management Regulations, Drainage Design Manual (DDM), and Post Construction Stormwater Regulations (PCR). The plans and supporting documents shall show that the new structures are located above or outside the mapped Special Flood Hazard Area. The submittal shall include a summary drainage report in accordance with § 2.3.1 of the Drainage Design Manual. DDM compliance may be documented as a minor project in a format provided by the city. Post ConstructionStormwater Regulations compliance documentation should clearly describe the relationshipof this first phase of the Mission Plaza Concept Plan to the overall Concept Plan project. The phased development approach and PCR compliance strategy shall be resolved with the first phase ofpermitting to the satisfaction of the Community Development and Public Works departments.8. The City supports the proposed tree removals and relocations with compensatory planting as established by the City Arborist. The building permit plan submittal shall include a tree preservation plan per City Standards and Specifications, to the satisfaction and approval of the City Arborist.

Utilities

9. Plans and materials submitted for construction permits to complete the project shall indicate the provision of separate water meters for domestic (for bathroom and café) and landscape service. It is noted that the site has one existing two-inch water meter that can be modified to provide two meters (3/4” or 1”), as needed.

10. Plans and materials submitted for construction permits to complete the project shall identify, depict, and describe existing and proposed storage for three waste streams (trash, recycling, and organics) and proposed methods of collection (i.e., Parks Maintenance, San Luis Garbage service, etc.).

FINDINGS CONDITIONS
See sheet LC101 for Construction Plan.See sheet CD101 for Demolition Plan.See sheet TP001 for Tree Protection Plan.See sheet CG102 for Utility Plan.See sheet CG102 for Grading and Drainage Plan.

See sheet TP001 for Tree Preservation
Plan and TP501 for Tree Protection Details.New domestic water service has been provided. See sheet CG102.

Sheet LC101 includes (2) permanent triple
waste stream receptacles placed in the
plaza. It also includes a trash enclosure
adjacent to the building which will hold
rolling receptacles. See note 5 on sheet.

REFERENCE
See sheet CG102 for Grading and Drainage
Plan, Stormwater Control Plan application,
and summary drainage memorandum.See the current sheet.See Note 6 on LC101. See details on CG101and LC101 for paving conditions adjacent to the Adobe.

Sheet A-911 added to plan set to document
required Adobe preservation work.

Historian report added to SpecialProvisions as Appendix C.

In process. Consultant is being hired by
the City.

Monitoring report will be provided as part
of Special Provisions as Appendix D.