San Luis Obispo City Council
March 19, 2024

City Council
AGENDA

Tuesday, March 19, 2024, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Vice Mayor Andy Pease
will participate remotely from the following location:

Hyatt Regency Sacramento
1209 L Street
Sacramento, CA
The City Council holds in-person meetings. Zoom participation will not be supported at this time.

Council meetings may be viewed remotely on Channel 20, the City’s YouTube Channel, and on the City’s website under the Public Meeting Agendas web page.

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 may not be processed until the following day.

Public Comment during the meeting:

Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location.

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. CLOSED SESSION (4:30 PM START TIME)

1.a CALL TO ORDER
Council Member Michelle Shoresman will call the Closed Session Meeting of the San Luis Obispo City Council to order.

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
At this time, public comment will only be accepted for Closed Session items.

1.c PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government code § 54957(b)(1)
Title: Interim City Manager, City Manager

1.c.1 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government code § 54957.6
Agency Negotiators: Tony Dahlerbruch, Nickole Domini,
Christine Dietrick
Unrepresented Employee: Interim City Manager, City Manager

1.d ADJOURNMENT
The City Council will hold a Regular Meeting on March 19, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

2. CALL TO ORDER
Council Member Shoresman will call the Regular Meeting of the San Luis Obispo City Council to order.

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

4. PRESENTATIONS

4.a INTRODUCTION OF DOWNTOWN SLO CHIEF EXECUTIVE

OFFICER, LEBREN HARRIS
Donna Lewis, President of Downtown SLO, will introduce LeBren Harris, the new Chief Executive Officer for Downtown SLO.

4.b RED CROSS MONTH PROCLAMATION
Council Member Shoresman will proclaim the month of March as "Red Cross Month".

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

5. 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.

6. 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 6a to 6g.

6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

6.b MINUTES REVIEW - FEBRUARY 29, 2024 AND MARCH 5, 2024

COUNCIL MINUTES
9 Recommendation:

Approve the following minutes of the City Council:
• February 29, 2024 - Special Closed Session
• March 5, 2024 - Regular Meeting

6.c 2024 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES 17 Recommendation:

As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo's (City) advisory bodies as set forth below and continue to recruit for any unfilled vacant positions.

6.d ADOPTION OF A RESOLUTION ACKNOWLEDGING RECEIPT OF A

REPORT ON THE SAN LUIS OBISPO FIRE DEPARTMENT'S ACTION
PURSUANT TO SB 1205
21 Recommendation:

Adopt a Draft Resolution 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.”

6.e ADOPTION OF THE FEDERAL TRANSIT PUBLIC TRANSPORTATION

AGENCY SAFETY PLAN (PTASP)
27 Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Federal Transit Public Transportation Agency Safety Plan for San Luis Obispo (SLO) Transit”; and

1. Authorize SLO Transit’s Accountable Executive, City Manager, to sign the finalized version of the 2023-24 Public
Transportation Agency Safety Plan.

2. 6.f AWARD CONSTRUCTION CONTRACT FOR CORPORATION YARD

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

Award a Construction Contract to Quincon, Inc. in the amount of $795,694.62 for the Corporation Yard Fuel Island and Wash Station Rehabilitation project, Specification Number 2000075-

9.01; and

1. Appropriate $81,203.74 from the Sewer Unreserved Working Capital Fund (602.0000.32001) to the project account
(2000075-9.01); and

2. Appropriate $84,848.98 from the Water Unreserved Working Capital Fund (601.0000.32001) to the project account
(2000075-9.01); and

3. Transfer $15,997.31 from the Whale Rock Undesignated Capital Completed Projects Fund (705.9501.71501) to the project account (2000075-9.01); and

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

5. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Water Unreserved Working Capital Fund, Sewer
Unreserved Working Capital Fund and Whale Rock
Undesignated Capital Funds to Support the Corporation Yard Fuel Island and Wash Station Rehabilitation project,
Specification Number 2000075-9.01.”

6. 6.g AUTHORIZATION TO APPROVE PURCHASE OF TWO (2) BATTERY

ELECTRIC BUSES
113
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Approving the Purchase of Two Battery Electric Buses for use by San Luis Obispo (SLO) Transit.”

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 next Regular Meeting of the City Council will be held on April 2, 2024 at 4:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. Note, this meeting has an early start due to the Annual Advisory Body Recognition event, which will take place at 4:30 - 5:30 p.m.

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: www.youtube.com/CityofSanLuisObispo. 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
February 29, 2024, 9:00 a.m.

Council Hearing Room, 990 Palm Street, San Luis Obispo
Council Members

Present:

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

1. CALL TO ORDER
A Special Closed Session Meeting of the San Luis Obispo City Council was called to order on February 29, 2024 at 9:00 a.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

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

Brad Brechwald
--End of Public Comment--

3. CLOSED SESSION ITEMS

3.a PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Public Employee: City Attorney

3.a.1 CONFERENCE WITH LABOR NEGOTIATORS
Action: Mary Egan, Consultant MRG indicated that no reportable action was taken.

3.b PUBLIC EMPLOYEE APPOINTMENT
Public Employee: City Manager

3.b.1 CONFERENCE WITH LABOR NEGOTIATORS
Action: See below.

2 3.c PUBLIC EMPLOYEE APPOINTMENT
Title: Interim City Manager

3.c.1 CONFERENCE WITH LABOR NEGOTIATORS
Action on Items 3b and 3c: City Attorney Christine Dietrick indicated that the City Council unanimously provided direction to its labor negotiators to proceed immediately with negotiation and selection of an executive recruiter to support the Council’s appointment of an Interim City Manager, as well as the recruitment and selection process for the City’s permanent City Manager.

4. ADJOURNMENT
The meeting was adjourned at 12:02 p.m. The next Regular Meeting of the City Council will be held on March 5, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2024

1 Council Minutes
March 5, 2024, 5:30 p.m.

City Hall, 990 Palm Street, San Luis Obispo
Council Members

Present:

Council Member Emily Francis, Council Member Jan Marx,
Council Member Michelle Shoresman, Vice Mayor Andy Pease, Mayor Erica A. Stewart (arrived at 5:34 p.m.)
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CLOSED SESSION: STARTS AT 4:00 PM

1.a CALL TO ORDER
Vice Mayor Andy Pease called the Closed Session Meeting of the San Luis Obispo City Council to order at 4:00 p.m. with Council Member Shoresman participating remotely and Mayor Stewart absent.

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

None
---End of Public Comment---

1.c PUBLIC EMPLOYEE APPOINTMENT

1.c.1 CONFERENCE WITH LABOR NEGOTIATORS
Unrepresented Employee: Interim City Manager, City Manager Action: City Attorney Christine Dietrick indicated that the Council did meet in Closed Session on a couple of items related to conference with labor negotiators and consideration of an appointment of Interim City Manager and permanent City Manager process. While there was no required reportable action, the City Council unanimously authorized her to share some information with the community and the City organization. Upon motion by Council Member Pease, second by Vice Mayor Pease, the Council choose to proceed with creating an Ad hoc Committee comprised of Mayor Stewart and Council Member Shoresman to work with the recruiter. The Council gave prior direction to its labor negotiators on the selection of a recruiter.

2 Council confirmed their selection of a recruiter, Tony Dahlerbruch from Peckhman and McKenney. Mr. Dahlerbruch will lead the national recruitment process for the permanent City Manager and will assist the Council with negotiations with an interim City Manager candidate. We will share more information on all of those fronts as we proceed through the process.

1.d ADJOURNMENT

2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on March 5, 2024 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Vice Mayor Pease with Council Member Michelle Shoresman participating remotely from the address listed on the agenda. Mayor Stewart arrived at the meeting at 5:34 p.m.

3. PLEDGE OF ALLEGIANCE
Council Member Francis led the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a 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:

Luke Dunn
Louise Justice
--End of Public Comment--

6. CONSENT AGENDA
Council Member Shoresman requested the 6b be pulled from the Consent agenda.

Motion By Council Member Marx
Second By Council Member Francis
To approve Consent Calendar Items 6a, 6c and 6d.

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

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

6.c ZERO-EMISSION BUS ROLLOUT PLAN ADOPTION
Adopt Resolution No. 11477 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the San Luis Obispo Transit Zero-Emission Bus Rollout Plan and authorizing the Public Works Director or their designee to approve future administrative revisions to the Zero-Emission Bus Rollout Plan.”

6.d SECOND READING AND ADOPTION OF ORDINANCE NO. 1733 (2024 SERIES) TO AMEND MUNICIPAL CODE CHAPTER 2.40.040 (CAMPAIGN

CONTRIBUTION LIMITATIONS)
Adopt Ordinance No. 1733 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter

2.40.040 of the Municipal Code related to Campaign Contribution Limitations” reducing the per person contribution limit from $300 to $250.

Item 6b was pulled by Council Member Shoresman

6.b MINUTES REVIEW - FEBRUARY 20, 2024 COUNCIL MINUTES
Approve the minutes of the City Council meeting held on February 20, 2024.

Motion By Council Member Shoresman
Second By Council Member Marx
To amend the language on Item 8a, as shown in italics below:
 Phasing increases, where appropriate.

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

4 7. PUBLIC HEARING AND BUSINESS ITEMS

7.a SAN LUIS OBISPO COUNCIL OF GOVERNMENT PRESENTATION ON

COUNTYWIDE SELF-HELP TRANSPORTATION INVESTMENT PLAN
(Estimated Time: 30 minutes)
Transportation Manager Luke Schwartz and James Worthley, SLOCOG provided an in-depth staff report and responded to Council questions.

Public Comments:

Lea Brooks
Yiming Luo
Hans Hershberger
---End of Public Comment---
Motion By Vice Mayor Pease
Second By Council Member Marx
To appoint an Ad hoc committee of Vice Mayor Pease and Council Member Marx to review the investment plan.

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

8. STUDY SESSION

8.a STUDY SESSION ON HOUSING NEEDS AND OPPORTUNITIES
(Estimated Time: 90 minutes)
Community Development Director Timmi Tway, Housing Policy & Programs Manager Teresa McClish, and Homelessness Response Manager Daisy Wiberg provided an in-depth staff report and responded to Council questions.

Public Comments:

John Tricamo
Damien Mavis
Scott Collins
Ken Triqueiro
Jim Dantona
Diego Cervantez
Garrett Philbin
Kimmie Nguyen
Dona Hare Price

5 Delaney Ginn
Myles Couch
Donna Lewis
Luke Dunn
---End of Public Comment---
ACTION: Council directed staff to return to Council at budget supplement with a table that outlines what the next steps are in terms of short-, mediumand long-term work plan items, making sure to include a column that indicates what is required.

9. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart attended the Cal Cities board meeting, which was paid for by Cal Cities. She met with subcommittee on the Legislative Platform. She also spoke to students at CL Smith Elementary regarding being on City Council.

Council Member Marx attended a 3CE Policy Board meeting.

Vice Mayor Pease attended a meeting with Attorney General Rob Bonta, City staff, and other local leaders.

Council Member Francis attended the Nacimiento Commission meeting and the Festival Mosaic event.

Council Member Shoresman attended the Channel Counties dinner in Buellton, with Mayor Stewart and Vice Mayor Pease.

10. ADJOURNMENT
The meeting was adjourned at 10:09 p.m. The next Regular City Council Meeting is scheduled for March 19, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2024

Item 6c
Department: City Clerk
Cost Center: 1021
For Agenda of: 3/19/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Kevin Christian, Deputy City Clerk
SUBJECT: 2024 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES

RECOMMENDATION
As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo's (City) advisory bodies as set forth below and continue to recruit for any unfilled vacant positions.

POLICY CONTEXT
The Advisory Body Handbook, last adopted by City Council in September 2021 and amended December 2023, outlines the recruitment procedures, membership requirements, and term limits for City advisory bodies. Also contained in the Advisory Body Handbook are the bylaws for all advisory bodies, some of which include additional membership requirements. Additionally, the City Council Policies and Procedures Manual, last adopted in May 2023, describes the “Appointment Procedure” and “Process” for Advisory Body appointments. Recruitment and appointment recommendations were performed in conformance with all recruitment procedures, processes, and bylaws found in these resources.

California Government Code Section 54972, Local Appointments List (Maddy Act) requires that on or before December 31st of each year, each legislative body shall prepare an appointments list for their boards, commissions, and committees whose members serve at the pleasure of the legislative body. This obligation was met and is on-going.

DISCUSSION
The City has a long history of involving its residents in the business of City government.

Holding a position on an advisory body provides an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by Council. The City recruits annually to fill scheduled vacancies, making new appointments each March to fill terms that typically commence on April 1st of each year.

Recruitment for unscheduled vacancies is done as needed but is consolidated with the annual recruitment whenever possible.

Item 6c
This year the City recruited to fill 21 scheduled and unscheduled citizen Advisory Body positions for the annual recruitment effort. The recruitment was conducted between December 6, 2023, and January 21, 2024. A total of 71 qualified applications were received. Council Liaison Subcommittees reviewed applications and conducted interviews between the start of January and end of February, 2024. The following recommendations will fill 20 positions on the Advisory Bodies. Recruitment for the remaining vacancy continues as noted.

Note that no vacancies or term conclusions currently exist for the Citizens’ Revenue Enhancement Oversight Commission, Investment Oversight Committee, Personnel Board, Tree Committee, or Zone 9 Board. Therefore, no recruitment was held for these Advisory Bodies during this annual recruitment.

Council Liaison Subcommittee Recommendations
Area Agency on Aging (Central Coast Commission for Senior Citizens) Appoint Teresa Disbennet, to a two-year term commencing July 1, 2024, and expiring June 30, 2026.

Active Transportation Committee
Appoint Dave Amos, to a four-year term commencing April 1, 2024, and expiring March 31, 2028.

Administrative Review Board
Appoint Myles Couch to a three-year term commencing April 1, 2024, and expiring March 31, 2027.

Architectural Review Commission
Appoint Ashley Mayou to a four-year term commencing April 1, 2024, and expiring March 31, 2028, and Charles Gerencser to assume an unscheduled vacancy with a term ending date of March 31, 2026.

Citizens’ Transportation Advisory Committee
Appoint Takuto Doshiro to a four-year term commencing April 1, 2024, and expiring March 31, 2028.

Construction Board of Appeals
Appoint Amando Garza to a four-year term commencing April 1, 2024, and expiring March 31, 2028; and continue recruitment for the vacant “Disability Community” representative term which has been vacant since April, 2022.

Cultural Heritage Committee
Appoint John Ashbaugh to a four-year term commencing April 1, 2024, and expiring March 31, 2028, and Daniel Bernard to assume an unscheduled vacancy with a term ending date of March 31, 2027.

Item 6c
Housing Authority Board
Appoint Ashlea Boyer to a four-year term commencing April 1, 2024, and expiring March 31, 2028.

Human Relations Commission
Appoint Angela Kasprzak to a four-year term commencing April 1, 2024, and expiring March 31, 2028.

Mass Transportation Committee
Appoint Matthew Duffy as the disability representative and Hans Hershberger as the business representative, both to a four-year term commencing April 1, 2024, and expiring March 31, 2028. Additionally, appoint Audrey Lariz as the at-large alternate representative to assume an unscheduled vacancy with a term ending date of March 31, 2026.

Planning Commission
Appoint Eric Tolle and Sheryl Flores, both to a term commencing April 1, 2024, and expiring March 31, 2028.

Promotional Coordinating Committee
Appoint Samantha Welch to a four-year term commencing April 1, 2024, and expiring March 31, 2028.

Parks and Recreation Commission
Appoint Rick Blair and Kari Howell, both to a four-year term commencing April 1, 2024, and expiring March 31, 2028.

Tourism Business Improvement District Board
Appoint Lydia Bates to a four-year term commencing April 1, 2024, and expiring March 31, 2028.

Applications of those who were unsuccessful in this process will be kept on file for the next full year and will be notified of any subsequent vacancies. However, advertisement of any unscheduled vacancy will be made in accordance with statutory requirements and all applicants will be considered for the vacancy.

Public Engagement
Notices that the City was accepting applications for the above listed Advisory Bodies were placed on the City’s website and “e-notification” service, listed in the annual Local Appointments List (Maddy Act Notice – GC 54972) on the City Website and City Information kiosk, and distributed via City social media outlets.

Item 6c

CONCURRENCE
As presented in the recommendations, the various City Council sub-committees for the Advisory Bodies are in concurrence with the stated recommendations along with the City Clerk’s office that coordinated and organized the process.

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: N/A
Fiscal Analysis:

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

Total N/A N/A N/A N/A
There is no fiscal impact for the appointment of the above Advisory Body members.

Administration of the process is considered in the City Clerk’s annual budget and compensation for Architectural Review Commission (ARC) and Planning Commission (PC) is included in the adopted budget for the Community Development Department.

ALTERNATIVES
Council could recommend changes to the recommended appointments or direct staff to re-open recruitment for additional candidates. This action is not recommended as the recruitment effort has been quite extensive and the various Council sub-committee members are in concurrence with the stated recommendation.

ATTACHMENTS
All applications are available for public review by request in the Office of the City Clerk, which can be reached at (805) 781-7114 or [email protected] during normal business hours.

Item 6d
Department: Fire
Cost Center: 8503
For Agenda of: 3/19/2024
Placement: Consent
Estimated Time: N/A
FROM: Todd Tuggle, Fire Chief
Prepared By: Nicole Vert, Business Analyst
SUBJECT: 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

RECOMMENDATION
Adopt a Draft Resolution 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.”

POLICY CONTEXT
On January 1, 2019, California Senate Bill 1205 (SB1205) went into effect, and added a new section to the California Health and Safety Code that affects every fire department or fire district in the State. Existing State law requires every fire department and district providing fire protection services to inspect every building used as a public or private school annually (Health and Safety Code section 13146.3.) This same annual inspection requirement is applicable to hotels, motels, lodging houses, and apartment/condominium buildings. (Health and Safety Code section 13146.2.)
With the signing of SB 1205, the California Health and Safety Code was amended by adding Section 13146.4, which mandates that all fire departments required to perform annual inspections pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority its compliance with Sections 13146.2 and 13146.3. The report is to be made during budget decisions or at another time as determined by the administering authority (in this case, the City Council).

DISCUSSION
Annually, the San Luis Obispo City Fire Department is required to conduct inspections of all public and private schools, hotels, motels, lodging houses, and apartment/condominium buildings (three units or more) in accordance with the California Health and Safety Code Section 13146.2 and 13146.3. The purpose of annual fire

Item 6d
inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code.

State law allows local jurisdictions to collect a fee from the owner of the inspected structure to recover costs associated with the inspection mandate of Health and Safety Code section 13146.2. In calendar year 2023, the San Luis Obispo City Fire Department inspected 504 of 607 hotels, motels, condominiums, sorority/fraternity and apartment buildings, which for the purpose of the resolution, these occupancies are defined as Group R. In FY 2022-23, the City realized $356,192 in fees collected for these inspections (pursuant to the City’s adopted Comprehensive Fee Schedule in effect for FY 2022-23), with $356,192 projected for FY 2023-24.

In support of the City’s affordable housing goals, the City does not charge inspection fees for units that are built, owned, and managed by the housing authority, other government agencies or not-for-profit agencies. The amount of revenue not collected as a result of this directive is $25,233.

California Health and Safety Code Section 13146.3 mandates that the local fire department inspect all public and private schools once annually, defined as Group E for purposes of this resolution. In calendar year 2023 the San Luis Obispo City Fire Department inspected 19 of 26 school and commercial daycare facilities. While Heath & Safety Code 13146.3 allows local jurisdictions to collect a fee for conducting these mandated inspections, the City currently does not charge for these.

The Fire Department completed 83% of its annual inspections of all known mandated buildings for calendar year 2023. In total, the Fire Department conducted 523 of 633 mandated annual inspections. This does not include the numerous re-inspections. Fire Prevention Bureau staff continue to conduct re-inspections in response to deficiencies observed during initial inspections. Limited staff capacity prevented the completion of 100% of inspections due to the many re-inspections necessary. The mandate states they must be inspected but does not address when the 100% inspection is not met. The expectation for calendar year 2024 will be to complete 100% of inspections.

The acceptance of this compliance report and the recommended Resolution fulfill the statutory requirements contained in California Health and Safety Code Section 13146.2, as added by SB1205.

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

Item 6d

FISCAL IMPACT
Budgeted: No Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:

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

Total $0 $0 $0 $0
There are no fiscal impacts directly associated with the filing and acceptance of this report. The City generates revenue through charging for these inspections, as noted above.

ALTERNATIVES

1. The Council could decide not to accept the report on the San Luis Obispo Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3. This is not recommended as the report and acknowledgment of its receipt is required by California Health and Safety Code Section 13146.4 (SB1205.)

2. The Council could designate an alternative time to receive these annual reports from the Fire Department. This is not recommended, as it makes most sense to prepare and submit these reports in concurrence with the annual budget-making process.

ATTACHMENTS
A - Draft Resolution acknowledging Fire Department compliance with SB1205 and CA Health and Safety Code 13146.4

R ______
RESOLUTION NO. _____ (2024 SERIES)

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
WHEREAS, Section 13146.4 was added to the California Health and Safety Code in 2018 by Senate Bill 1205, and became effective January 1, 2019; and WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the San Luis Obispo City Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartments house, and certain residential care facilities for compliance with building standards, as provided; and WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the San Luis Obispo City Fire Department, that provide fire protection services to report annually to its administering authority its compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

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

SECTION 1. Recitals. All of the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Acknowledgment. The Fire Department’s annual report of compliance with California Health and Safety Code Sections 13146.2 and 13146.3 is received as follows.

EDUCATIONAL (GROUP E) OCCUPANCIES (Health & Safety Code 13146.3):

Educational Group E occupancies are generally those public and private schools, used by more than 6 persons at any one time for educational purposes through the 12th grade, inclusive of commercial daycare centers. Within the City, there are 26 known Group E occupancies or facilities.

During Calendar year 2023, the Department completed the annual inspection of 21 Group E occupancies. This is a compliance rate of 80.7% for this reporting period.

Resolution No. _____ (2024 Series) Page 2
R ______
RESIDENTIAL GROUP R OCCUPANCIES (Health & Safety Code 13146.2):

Residential Group R occupancies, for the purpose of this resolution, are generally those occupancies containing sleeping units, including hotels, motels sorority/fraternity houses, Assisted Living facilities, and apartments (three or more units). Within the City, there are 607 known Group R occupancies of this nature.

During calendar year 2023, the Department completed the annual inspection of 523 Group R occupancies. This is a compliance rate of 83% for the reporting period. In FY 2022-23, the City realized $356,192 in fees collected for these inspections (pursuant to the City’s adopted Comprehensive Fee Schedule in effect for FY 22-23 and as authorized by statute.)
Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 2024. ___________________________
Mayor Erica A. Stewart
ATTEST:
___________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington, City Clerk

City of San Lu is Obispo, Council Memorandu m
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 19, 2024
TO: Mayor and Council
FROM: Matt Horn, Public Works Director
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6E – ADOPTION OF FEDERAL TRANSIT PUBLIC

TRANSPORTATION AGENCY SAFETY PLAN (PTASP)
Staff received the following questions, regarding adoption of SLO Transit’s 2023-24 Public Transportation Agency Safety Plan (PTASP). The questions are below with staff’s response shown in italics:
1) One of the recommendations in the report is to authorize SLO Transit’s Accountable Executive, the City Manager, to sign the finalized version of the PTASP. However, the PTASP and the adopting Resolution identify the Assistant City Manager as the Accountable Executive for SLO Transit. Who is SLO Transit’s Accountable Executive?
The Accountable Executive for SLO Transit is the City Manager. The final draft of the PTASP and the adopting Resolution have been updated and attached to this memorandum as Attachment A and Attachment B, respectively, to correctly reflect the recommended action in the report.
2) Appendix of the PTASP provides examples of Safety Event Investigation forms used by SLO Transit’s contracted operations and maintenance services provider, Transdev North America (Transdev), to document and report incidents. The example forms display the name First Transit, Inc. Who is First Transit, Inc. relative to the City’s current transit operator, Transdev? In March 2023, the City was notified that Transdev acquired First Transit. The City updated their vendor profile to reflect the ownership change and the Transdev logo has since replaced the First Transit logo on all public facing displays and equipment.

City staff engaged Transdev in the PTASP update process and were provided the most recent versions of their Safety Event Investigation forms. Transdev has yet to update these internal forms to reflect the ownership change. The forms are still valid and actionable through the PTASP. City staff will work with Transdev to update all remaining internal documents to reflect the ownership change to avoid confusion in the future.

ATTACHMENTS
A - Updated Final Draft of the FY2024 Public Transportation Agency Safety Plan B - Updated Draft Resolution approving the Public Transportation Agency Safety Plan

City of San Luis Obispo
San Luis Obispo (SLO) Transit
1260 Chorro Street
San Luis Obispo, CA 93401
Public Transportation Agency Safety Plan (PTASP)
[Pending Adoption – March 19, 2024]
_____________________________________ ______________
Signature of Accountable Executive Date
Derek Johnson, City Manager

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

Contents
Definitions .................................................................................................................................. 3 Section 1 Transit Agency Information......................................................................................... 5 Subsection 1.1 Accountable Executive ...................................................................................... 5 Subsection 1.2 Chief Safety Officer............................................................................................ 5 Section 2 Plan Development, Approval, and Updates ................................................................ 5 Subsection 2.1 Drafting the Plan................................................................................................ 6 Subsection 2.2 Signature by the Accountable Executive and Approval by the Board ................. 6 Subsection 2.3 Certification of Compliance................................................................................ 6 Subsection 2.4 Plan Review and Updates.................................................................................. 6 Section 3 Safety Performance Targets (SPTs)........................................................................... 7 Subsection 3.1 Target Development .......................................................................................... 7 Section 4 Overview of the Agency’s Safety Management Systems (SMS)................................. 8 Section 5 Safety Management Policy......................................................................................... 9 Subsection 5.1 Safety Management Policy Statement ............................................................... 9 Subsection 5.2 Safety Management Policy Communication......................................................10 Subsection 5.3 Employee Safety Reporting Program................................................................10 Subsection 5.4 SMS Authorities, Accountabilities, and Responsibilities ....................................11 Subsection 5.4.1 Accountable Executive...................................................................................11 Subsection 5.4.2 Chief Safety Officer........................................................................................12 Subsection 5.4.3 Agency Leadership and Executive Management ...........................................12 Subsection 5.4.4 Key Staff........................................................................................................13 Section 6 Safety Risk Management (SRM) ...............................................................................14 Subsection 6.1 Safety Hazard Identification..............................................................................14 Subsection 6.2 Safety Risk Assessment ...................................................................................15 Subsection 6.3 Safety Risk Mitigation .......................................................................................17 Section 7 Safety Assurance ......................................................................................................17 Subsection 7.1 Safety Performance Monitoring and Measurement ...........................................18 Section 8 Safety Promotion.......................................................................................................19 Subsection 8.1 Safety Communication......................................................................................19 Section 9 Strategies to Minimize Exposure to Infectious Diseases............................................21 Section 10 Documentation ........................................................................................................23

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

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

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

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

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

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

CFR means Code of Federal Regulations.

Event means any Accident, Incident, or Occurrence.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Safety Management Systems (SMS) means the formal, top-down, organization-wide approach to managing safety risk and assuring the effectiveness of a Transit Agency’s safety risk mitigation.

SMS includes systematic procedures, practices, and policies for managing risks and hazards.

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

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

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

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

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

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

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

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

U.S.C. means United States Code.

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

SLO Transit is a recipient of Federal Transit Administration (FTA) Section 5307 funds and does not provide transportation services on behalf of another entity.

Subsection 1.1 Accountable Executive
SLO Transit’s Accountable Executive is the City Manager for the City of San Luis Obispo.

The City Manager is the single, identifiable person who has ultimate responsibility for carrying out this Agency Safety Plan and the Transit Asset Management (TAM) Plan, and control or direction over the human and capital resources needed to develop and maintain both this Plan and the TAM Plan.

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

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

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

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

SMS are: (1) Safety Management Policy; (2) Safety Risk Management; (3) Safety Assurance; and (4) Safety Promotion.

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

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

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

Documentation of Board approval is found in Appendix A.

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

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

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

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

Subsection 2.4 Plan Review and Updates
SLO Transit updates this Safety Plan when information, processes or activities change within the Agency and/or when Part 673 undergoes significant changes, or annually, whichever comes sooner. As SLO Transit collects data through its Safety Risk Management and Safety Assurance processes, shared with Caltrans and the local Metropolitan Planning Organization (MPO) as described in subsection 3.1 below, the

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

MPO and Caltrans will evaluate SLO Transit’s safety performance targets (SPTs) to determine whether they need to be changed, as well.

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

This Plan may need to be reviewed and updated more frequently based on the following:
• We determine our approach to mitigating safety deficiencies is ineffective; • We make significant changes to service delivery;
• We introduce new processes or procedures that may impact safety; • We change or re-prioritize resources available to support SMS; • We significantly change our organizational structure.

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

Version
Number
Section/Pages
Affected Reason for Change Date Issued

1.0 All Original Plan 11/17/2020

2.0 Various Plan Update 3/2023

3.0 Various Plan Update 3/2024
Section 3 Safety Performance Targets (SPTs)
Subsection 3.1 Target Development
SLO Transit includes SPTs in this Safety Plan. These targets are specific numerical targets set by SLO Transit and based on the safety Performance Measures established by FTA in the National Public Transportation Safety Plan. In the most recent version, the 2017 NSP3, FTA adopted four initial safety Performance Measures: (1) Fatalities, (2) Injuries, (3) Safety Events, and (4) System Reliability.

SLO Transit developed safety performance targets that it will review and update annually.

The specific safety performance targets are based on the safety performance measures established under the National Public Transportation Safety Plan and the safety performance goals set by Caltrans based on the past three (3) fiscal years of data. The

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

Safety Performance Targets for SLO Transit for the Fiscal Year 2023-24 is expected to stay within 1% +/- of previous three years data pertaining to fatalities, injuries, safety events, and system reliability.

SLO Transit established safety performance targets for the period of July 1, 2023, through June 30, 2024, based on safety performance measures established under the National Public Transportation Safety Plan.

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

Mode of Transit Service Fatalities
(total)
Injuries
(total)
Safety
Events
(total)
System
Reliability
(VRM / failures)
Fixed Route Integer Target 0 0 0 3,377
Fixed Route Target per Vehicle Revenue Mile 0 0 0 0.01
Safety Performance Target Coordination
Targets Transmitted to the
Metropolitan Planning
Organization
Metropolitan Planning Organization Name Date Targets Transmitted San Luis Obispo Council of Governments
(SLOCOG) 2/2024
Section 4 Overview of the Agency’s Safety Management Systems (SMS) SMS is a comprehensive, collaborative approach that brings management and labor together to build on the transit industry’s existing safety foundation to control risk better, detect and correct safety problems earlier, share and analyze safety data more effectively, and measure safety performance more carefully. SLO Transit’s SMS focuses on applying resources to risk and is based on ensuring that SLO Transit has the organizational infrastructure to support decision-making at all levels regarding the assignment of resources. Some key parts of SLO Transit’s SMS include:
• Defined roles and responsibilities;
• Strong executive safety leadership;
• Formal safety accountabilities and communication;
• Effective policies and procedures; and
• Active employee involvement
Furthermore, SLO Transit’s SMS have four distinct components, which are discussed in subsequent sections to this Safety Plan:
• Safety Policy
• Safety Risk Management
• Safety Assurance
• Safety Promotion

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

Section 5 Safety Management Policy
The first component of SLO Transit’s SMS is the Safety Management Policy, which is the foundation of SLO Transit’s safety management system. It clearly states the organization’s safety objectives and sets forth the policies, procedures, and organizational structures necessary to accomplish the safety objectives. The Safety Management Policy clearly defines management and employee responsibilities for safety throughout the organization. It also ensures that management is actively engaged in the oversight of the system’s safety performance by requiring regular review of the Safety Management Policy, budget and program by the designated Accountable Executive.

Subsection 5.1 Safety Management Policy Statement
Safety is a core value at SLO Transit, and managing safety is a core business function.

SLO Transit will develop, implement, maintain, and continuously improve processes to ensure the safety of our customers, employees, and the public. SLO Transit’s overall safety objective is to proactively manage safety hazards and their associated safety risk, with the intent to eliminate unacceptable safety risk in our transit operations.

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

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

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

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

This is accomplished through various processes such as:
• Review Sessions – Conducted by City Management and Transit staff. Once this Plan or any update to this Plan has been signed by the Accountable Executive and approved by the Board it will become standard practice in perpetuity for the Chief Safety Officer to conduct safety meetings to review safety program with all staff. • New Hire Safety Orientation – The Chief Safety Officer will oversee that all new employees regardless of their classifications will be trained about their roles and responsibilities pertaining to PTASP and the principles of SMS. • Safety bulletins, email safety newsletter blasts to staff, and monthly safety meetings
Subsection 5.3 Employee Safety Reporting Program
SLO Transit implemented a process that allows employees and contracted employees to report safety conditions to senior management, protections for employees who report safety conditions to senior management. The purpose, description and protections for employees to report unsafe conditions and hazards are described in the Employee Safety Reporting Program as below:

Purpose:
a) To establish a system for SLO Transit employees to identify unsafe conditions or hazards at work and report them to their department management without fear of reprisal.

However, disciplinary action could result if the condition reported reveals the employee willfully participated in or conducted an illegal act, gross negligence or deliberate or willful disregard of regulations or procedures, including reporting to work under the influence of controlled substances, physical assault of a coworker or passenger, theft of agency property, unreported safety events, unreported collisions, and unreported passenger injuries or fatalities.
b) To provide guidelines for facilitating the timely correction of unsafe conditions or hazards by SLO Transit management.

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

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

Examples of voluntary safety reports include:
• Safety hazards in the operating environment (for example, county or city road conditions),
• Policies and procedures that are not working as intended (for example, insufficient time to complete pre-trip inspection),
• Events that senior managers might not otherwise know about (for example, near misses), and
• Information about why a safety event occurred (for example, radio communication challenges).
b) The program also involves recommending corrective actions and resolutions of identified unsafe conditions or hazards and/or near miss. c) All employees have the obligation to report immediately any unsafe conditions or hazards and near miss to their immediate supervisor /department manager and may do so without fear of reprisal.
d) Unsafe conditions or hazards may also be identified as a result of occupational injury or illness investigations and/or by accident investigation. e) Other means by which hazards may be identified are inspections/audits or observations made by the supervisors/management staff as referenced in agency’s Safety Inspection Program.
f) Findings will be published immediately following mitigation actions. If employee identification is available, direct feedback regarding mitigation will be provided.

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

Subsection 5.4.1 Accountable Executive
SLO Transit’s Accountable Executive is the City Manager for the City of San Luis Obispo.

The City Manager is accountable for ensuring that the Agency’s SMS is effectively implemented throughout the Agency’s public transportation system. The City Manager is accountable for ensuring action is taken, as necessary, to address substandard performance in the Agency’s SMS. The City Manager may delegate specific responsibilities, but the ultimate accountability for SLO Transit’s safety performance

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

cannot be delegated and always rests with the City Manager. The City Manager is accountable for ensuring that the Agency’s SMS is effectively implemented, and that action is taken, as necessary, to address substandard performance in the Agency’s SMS.

The Accountable Executive may delegate specific responsibilities, but not accountability for SLO Transit’s safety performance.

The City Manager’s roles include, but are not limited to:
• Decision-making about resources (e.g. people and funds) to support asset management, SMS activities, and capital investments;
• Signing SMS implementation planning documents;
• Endorsing SMS implementation team membership; and
• Ensuring safety concerns are considered and addressed in the agency’s ongoing budget planning process.
• Ensuring transparency in safety priorities: for the Board and for the employees. • Establishing guidance on the level of safety risk acceptable to the agency. • Assuring safety policy is appropriately communicated throughout the agency. • Other duties as assigned/necessary.

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

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

Subsection 5.4.3 Agency Leadership and Executive Management The contracting General Manager, Operations Manager, Safety Manager, and Maintenance Manager comprise Agency Leadership. Some of their responsibilities include:

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

• Day-to-day implementation of the Agency’s SMS throughout their department and the organization.
• Communicating safety accountability and responsibility from the frontline employees to the top of the organization.
• Ensuring employees are following their working rules and procedures, safety rules and regulations in performing their jobs, and their specific roles and responsibilities in the implementation of this Agency Safety Plan and the Agency’s SMS. • Ensuring that employees comply with the safety reporting program and are reporting unsafe conditions and hazards to their department management; and making sure reported unsafe conditions and hazards are addressed in a timely manner.
• Ensuring that resources are sufficient to carry out employee training/certification and re-training as required by their job classifications.

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

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

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

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

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

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

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

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

The Chief Safety Officer will investigate hazards to collect information and determine if hazards need to be entered into the safety risk assessment process. In following up on identified hazards, the Chief Safety Officer may:
• Reach out to the reporting party, if available, to gather all known information about the reported hazard,

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

• Conduct a walkthrough of the affected area, assessing the possible hazardous condition, generating visual documentation (photographs and/or video), and taking any measurements deemed necessary,
• Conduct interviews with employees in the area to gather potentially relevant information on the reported hazard,
• Review any documentation associated with the hazard (records, reports, procedures, inspections, technical documents, etc.),
• Contact other departments that may have association with or technical knowledge relevant to the reported hazard,
• Review any past reported hazards of a similar nature, and • Evaluate tasks and/or processes associated with the reported hazard.

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

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

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

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

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

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

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

Unlikely, but can reasonably be
expected to occur.

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

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

Unlikely to occur, but possible.

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

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

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

Severity Levels
Description Level Mishap Result Criteria
Catastrophic 1
Could Result in one or more of the following: death, permanent total disability, irreversible significant environmental impact, or monetary loss equal to or exceeding $10M
Critical 2
Could result in one or more of the following: permanent partial disability, injuries or occupational illness that may result in hospitalization of at least three personnel, reversible significant environmental impact, or monetary loss equal to or exceeding $1M but less than $10M
Marginal 3
Could result in one or more of the following: injuries or occupational illness resulting in one or more lost work day(s), reversible moderate environmental impact, or monetary loss equal to or exceeding $100k but less than $1M Negligible 4
Could result in one or more of the following: injuries or occupational illness not resulting in lost work day, minimum environmental impact. Or monetary loss less than $100k.

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

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

Safety Risk Assessment Matrix
Severity →
Probability ↓
Catastrophic
1 Critical
2 Marginal
3 Negligible
4 A-Frequent 1A 2A 3A 4A
B- Probable 1B 2B 3B 4B
C-Occasional 1C 2C 3C 4C
D- Remote 1D 2D 3D 4D
E- Improbable 1E 2E 3E 4E
F- Eliminated
Safety Risk Index Ranking

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

1A, 1B, 1C, 2A, 2B High Unacceptable
1D, 2C, 3A, 3B Serious Undesirable - With management decision required 1E, 2D, 2E, 3C, 3D, 3E, 4A, 4B, Medium Acceptable - with review by management 4C, 4D, 4E Low Acceptable - without review
The Chief Safety Officer documents recommendations regarding hazard rating and mitigation options and reports this information to the Accountable Executive.

Subsection 6.3 Safety Risk Mitigation
The Chief Safety Officer, assisted by Key Staff subject matter experts, reviews current safety risk mitigations and establish procedures to 1) eliminate; 2) mitigate; 3) accept specific risks. Prioritization of safety remediation measures is based on risk analysis and a course of action acceptable to SLO Transit management.

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

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

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

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

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

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

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

Subsection 7.1 Safety Performance Monitoring and Measurement As part of the Safety Assurance Process, SLO Transit:
• Monitors the system for compliance with, and sufficiency of, the Agency’s procedures for operations and maintenance through:
o Safety audits,
o Informal inspections,
o Regular review of on-board camera footage to assess drivers and specific incidents,
o Safety surveys,
o Employee safety reporting program,
o Investigation of safety occurrences,
o Safety review prior to the launch or modification of any facet of service, o Daily data gathering and monitoring of data relating to the delivery of service,
o Regular vehicle inspections and preventative maintenance, and o Continuous feedback loop between leadership and all levels of the agency. • Monitors its operations to identify any safety risk mitigations that may be ineffective, inappropriate, or were not implemented as intended through:
o Reviewing results from accident, incident, and occurrence investigations, o Monitoring employee safety reporting,
o Reviewing results of internal safety audits and inspections, and o Analyzing operational and safety data to identify emerging safety concerns. • Conducts investigations of safety events to identify causal factors; and • Monitors information reported through any internal safety reporting programs. o The Chief Safety Officer routinely reviews safety data captured in employee safety reports, safety meeting minutes, customer complaints, and other safety communication channels. When necessary, the Chief Safety Officer ensures that the issues and concerns are investigated or analyzed through the safety risk assessment process.
o The Chief Safety Officer also reviews the results of internal and external reviews, including audits and assessments, with findings affecting safety performance, compliance with operations and maintenance procedures, or

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

the effectiveness of safety risk mitigations. The Chief Safety Officer discusses relevant safety issues and concerns with the Accountable Executive and executive management and documents the results of these reviews in the Hazard Log.

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

In California, every driver involved in an accident that results in death, injury, or property damage over $1000, effective January 1, 2017, must report the accident on a Report of Traffic Accident Occurring in California (SR 1) form to DMV. The report forms are available at www.dmv.ca.gov, by calling 1-800-777-0133, and at CHP and DMV offices.

Also, under California Vehicle Code §16002(b) the driver of a vehicle that is owned or operated by a publicly owned or operated transit system, or that is operated under contract with a publicly owned or operated transit system, and that is used to provide regularly scheduled transportation to the general public or for other official business of the system shall, within 10 days of the occurrence of the accident, report to the transit system any accident of a type otherwise required to be reported pursuant to subdivision (a) of Section 16000 . SLO Transit requires driver notification to SLO Transit immediately and maintains records of any report filed pursuant to this paragraph.

Section 8 Safety Promotion
The fourth component of the Agency’s SMS is Safety Promotion, which includes a combination of training and communication of safety information to employees to enhance the Agency’s safety performance. Safety Promotion sets the tone for the SMS and helps SLO Transit to establish and maintain a robust safety culture. Safety Promotion has twocomponents: (1) Safety Communication; and (2) Competencies and Training.

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

Ongoing safety communication is critical and SLO Transit ensures communication occurs up, down, and across all levels of the organization. Any lessons learned are communicated to all concerned. Management commitment to address safety concerns and hazards is communicated on a regular basis. Management encourages and motivates employees to communicate openly, authentically, and without concern for reprisal; ensures employees are aware of SMS principles and understand their safetyrelated roles and responsibilities; conveys safety critical information such as accident

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

data, injuries, and reported safety concerns and hazards and their resolutions to employees. SLO Transit’s tools to support safety communication include:
• Safety bulletins
• Safety notices
• Posters
• CDs or Thumb drives or online safety video access
• Newsletters
• Briefings or Toolbox talks
• Seminars and workshops
• New employee training and refresher training
• Intranet or social media
• Monthly Safety Meetings
Competencies and Training: Executive Management ensures that all employees attend the training provided to understand their specific roles and responsibilities for the implementation of SMS. SLO Transit provides SMS training in the following areas:

All Employees:
• Understanding of Safety Performance Targets
• Understanding of fundamental principles of SMS
• Understanding of Safety Reporting Program – Reporting unsafe conditions and hazards/near misses
• Understanding of their individual roles and responsibilities under SMS Managers and Supervisors
• Understanding of Safety Risk Management
• Understanding of Safety Assurance
• Understanding of Safety Promotion
• Understanding of their individual roles and responsibilities for SMS Executive Management:
• Understanding of management commitment to and support of all SMS activities.

All employees are required to acquire the competencies and knowledge for the consistent application of their skills as they relate to safety performance objectives. SLO Transit dedicates resources to conduct effective safety-related skill training. The scope of the safety training is appropriate to each employee’s individual safety-related job responsibilities and their role in SMS. Components of SLO Transit’s skill-related training include:
• Conducting training needs analyses to ensure that the right information is being taught to the right employees using the most efficient training methods. • Communicating purpose, objectives, and outcome.

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

• Ensuring relevant content by directly linking training to the trainee’s job experiences so trainees are more motivated to learn.
• Using active hands-on demonstrations and practice to demonstrate skills that are being taught and provide opportunities for trainees to practice skills. • Providing regular feedback during hands-on practice and exercises. • Reinforcing training concepts in the post-training work environment by giving employees opportunities to perform what they’ve learned.

Section 9 Strategies to Minimize Exposure to Infectious Diseases Pursuant to the Bipartisan Infrastructure Law, SLO Transit takes precautions to reduce risks of infectious diseases consistent with Centers for Disease Control and Prevention.

SLO Transit monitors transit service levels and adjusts as necessary to continue providing basic lifeline services for the public and allow for services that help promote social distancing and other individual risk minimization recommendations.

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

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

Wearing a mask is a courtesy to other riders.
• When possible, SLO Transit riders are asked to maintain a minimum of six feet distance from fellow riders.

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

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

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

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

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

Appendices
A – Council Resolution – SLO Transit Public Transportation Agency Safety Plan (PTASP) B – Organizational Chart (FY 2023-24)
C – Examples of Safety Event Investigation (Transdev)

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

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

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

Appendix B - Organizational Chart FY 2023-24
Approving Board
San Luis Obispo City
Council
Accountable Executive
City Manager
Chief Safety Officer
Contracting General
Manager
Key Staff
Contracting Safety
Manager
Key Staff
Contracting Operations
Manager
Key Staff
Contracting
Maintenance Manager
Supporting Review
Team
Mobility Services
Business Manager &
Transit Coordinator

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

Appendix C – Examples of Safety Event Investigation (Transdev North America, Inc.) Report of Unusual Incident

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

Near Miss and Hazard Report

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

Root Cause Analysis

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

R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, APPROVING THE PUBLIC TRANSPORTATION

AGENCY SAFETY PLAN (PTASP) FOR SAN LUIS OBISPO (SLO)

TRANSIT
WHEREAS, the City of San Luis Obispo receives funds from the Federal Transit Administration (FTA) under the Urbanized Area Formula Grants program (Section 5307); and
WHEREAS, the FTA requires transit operators to submit an update of their Public Transportation Agency Safety Plan (PTASP) to be eligible to receive Section 5307 funds; and
WHEREAS, the City has prepared a PTASP update in accordance with FTA 49 Code of Federal Regulations (CFR) Part 673; and
WHEREAS, San Luis Obispo Council of Governments (SLOCOG) has reviewed and concurs with the City’s PTASP update.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo hereby take the following actions:

1. Approve the Public Transportation Agency Safety Plan for San Luis Obispo (SLO) Transit; and

2. Authorize the San Luis Obispo (SLO) Transit’s Accountable Executive, the City Manager for the City of San Luis Obispo, to sign the final version of the Public Transportation Agency Safety Plan.

Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 1. Environmental Review. The California Environmental Quality Act (CEQA) does not apply to the recommended action because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _________ 2024. ___________________________
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 6e
Department: Public Works
Cost Center: 5201
For Agenda of: 3/19/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Alex Fuchs, Mobility Services Business Manager SUBJECT: ADOPTION OF FEDERAL TRANSIT PUBLIC TRANSPORTATION

AGENCY SAFETY PLAN (PTASP)

RECOMMENDATION

1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Federal Transit Public Transportation Agency Safety Plan for San Luis Obispo (SLO) Transit”; and

2. Authorize SLO Transit’s Accountable Executive, City Manager, to sign the finalized version of the 2023-24 Public Transportation Agency Safety Plan.

POLICY CONTEXT
The City Council of the City of San Luis Obispo is the governing body for San Luis Obispo (SLO) Transit and has the authority to adopt ordinances and resolutions, approve programs, establish fees, and appropriate funds for the operation of transit services.

The Federal Transit Administration (FTA) requires the Public Transportation Agency Safety Plan (PTASP) be approved by the primary recipient’s governing board prior to submission to FTA. SLO Transit is the “primary recipient” for the purposes of this requirement.

DISCUSSION
Background
The FTA has the authority to establish and enforce regulatory framework to oversee the safety of public transportation systems in the United States. Safety related regulatory framework includes requiring operators of public transportation systems that receive federal funds under FTA’s Urbanized Area Formula Grants (49 U.S.C. § 5307) to develop and implement a Public Transportation Agency Safety Plan (PTASP). The PTASP must include Safety Management Systems (SMS), a collection of policies, processes, and behaviors that ensure proactive and data-driven approach to risk management.

Item 6e
The PTASP is based on four functional components of SMS: (1) Safety Management Policy, (2) Safety Risk Management, (3) Safety Assurance, and (4) Safety Promotion.

This plan includes Safety Performance Targets, which are based on the Safety Performance Measures established by FTA in the National Public Transportation Safety Plan including: fatalities, injuries, safety events, and system reliability (vehicle revenue miles per failure). The PTASP identifies the Accountable Executive, the Chief Safety Officer, and key staff for SLO Transit who are tasked with implementing the plan. Plan implementation includes an employee safety reporting program which establishes a process for employees to report safety conditions to management.

The plan must be reviewed and updated annually to ensure the Safety Performance Targets accurately reflect prior years’ operational performance data. SLO Transit has updated its PTASP (Attachment A) to meet requirements specified in 49 Code of Federal Regulations (CFR) Part 673. The updated PTASP has been reviewed by San Luis Obispo Council of Governments (SLOCOG) staff as required by FTA regulations (23 CFR 450.316). The PTASP must be approved by SLO Transit’s governing board, City Council, via the adoption of a draft Resolution (Attachment B).

The California Department of Transportation (Caltrans) initially drafted this plan for SLO Transit and certified that the plan is compliant with federal requirements. Caltrans certifies annually with the FTA that it has developed and established an Agency Safety Plan for SLO Transit’s. The PTASP does not need to be submitted to FTA or to Caltrans upon approval by City Council but a copy is available to them upon request.

Why is a Public Transportation Agency Safety Plan Important? Aside from being required by the FTA to be eligible to receive certain federal program funds, the PTASP process intends to help agencies to manage safety risk more effectively and proactively. The PTASP is meant to help transit operators better manage safety risk through the development and implementation of a Safety Management System (SMS).

The SMS is a comprehensive, collaborative approach to managing safety. It helps operators detect and correct safety problems earlier, share and analyze safety data more effectively, and measure safety performance more precisely.

Previous Council Action
On March 21, 2023, City Council adopted SLO Transit’s previous PTASP.

Public Engagement
Outreach to the public is not required by the FTA since the PTASP update process is considered an administrative activity. Members of the Public will have an opportunity to provide public comment prior to or during the City Council meeting.

CONCURRENCE
The FTA requires the designated Metropolitan Planning Organization (MPO) to review the updated PTASP prior to adoption. The designated MPO for SLO Transit is SLOCOG whose staff has reviewed and concurs with the updated PTASP.

Item 6e

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

FISCAL IMPACT
Budgeted: N/A Budget Year: 2023-24
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ 0 $ 0 $ 0 $ 0
State
Federal
Fees
Transit Fund
Total $ 0 $ 0 $ 0 $ 0
There are no fiscal impacts associated with the adoption of the draft Resolution.

ALTERNATIVES
Council could decide not to adopt the Draft Resolution. Staff does not recommend this alternative because an updated safety program is required by the FTA to be eligible to receive federal transit funds.

ATTACHMENTS
A - FY 2024 Public Transportation Agency Safety Plan
B - Draft Resolution approving the Public Transportation Agency Safety Plan for SLO Transit

City of San Luis Obispo
San Luis Obispo (SLO) Transit
1260 Chorro Street
San Luis Obispo, CA 93401
Public Transportation Agency Safety Plan (PTASP)
[Pending Adoption – March, 19 2024]
_____________________________________ ______________
Signature of Accountable Executive Date
Whitney McDonald
Assistant City Manager, Community Services Group

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

Contents
Definitions.................................................................................................................................. 3 Section 1 Transit Agency Information......................................................................................... 5 Subsection 1.1 Accountable Executive ...................................................................................... 5 Subsection 1.2 Chief Safety Officer............................................................................................ 5 Section 2 Plan Development, Approval, and Updates ................................................................ 5 Subsection 2.1 Drafting the Plan................................................................................................ 6 Subsection 2.2 Signature by the Accountable Executive and Approval by the Board ................. 6 Subsection 2.3 Certification of Compliance................................................................................ 6 Subsection 2.4 Plan Review and Updates.................................................................................. 6 Section 3 Safety Performance Targets (SPTs)........................................................................... 7 Subsection 3.1 Target Development .......................................................................................... 7 Section 4 Overview of the Agency’s Safety Management Systems (SMS)................................. 8 Section 5 Safety Management Policy......................................................................................... 9 Subsection 5.1 Safety Management Policy Statement ............................................................... 9 Subsection 5.2 Safety Management Policy Communication......................................................10 Subsection 5.3 Employee Safety Reporting Program................................................................10 Subsection 5.4 SMS Authorities, Accountabilities, and Responsibilities ....................................11 Subsection 5.4.1 Accountable Executive...................................................................................11 Subsection 5.4.2 Chief Safety Officer........................................................................................12 Subsection 5.4.3 Agency Leadership and Executive Management ...........................................13 Subsection 5.4.4 Key Staff........................................................................................................13 Section 6 Safety Risk Management (SRM) ...............................................................................14 Subsection 6.1 Safety Hazard Identification ..............................................................................14 Subsection 6.2 Safety Risk Assessment ...................................................................................15 Subsection 6.3 Safety Risk Mitigation .......................................................................................17 Section 7 Safety Assurance ......................................................................................................17 Subsection 7.1 Safety Performance Monitoring and Measurement ...........................................18 Section 8 Safety Promotion.......................................................................................................19 Subsection 8.1 Safety Communication......................................................................................19 Section 9 Strategies to Minimize Exposure to Infectious Diseases............................................21 Section 10 Documentation ........................................................................................................23

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

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

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

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

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

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

CFR means Code of Federal Regulations.

Event means any Accident, Incident, or Occurrence.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Safety Management Systems (SMS) means the formal, top-down, organization-wide approach to managing safety risk and assuring the effectiveness of a Transit Agency’s safety risk mitigation.

SMS includes systematic procedures, practices, and policies for managing risks and hazards.

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

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

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

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

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

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

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

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

U.S.C. means United States Code.

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

SLO Transit is a recipient of Federal Transit Administration (FTA) Section 5307 funds and does not provide transportation services on behalf of another entity.

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

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

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

Section 2 Plan Development, Approval, and Updates
Caltrans developed the contents of this SLO Transit plan to meet requirements specified in 49 CFR Part 673 and comply with Part 673.11(d) regarding Caltrans’ responsibility to develop an ASP for any small public transportation provider that is located in California. This Plan is based on the four (4) principles or pillars of the Safety Management Systems (SMS). SMS is defined as the formal, top-down, organization-wide, data-driven approach to managing safety

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

risk and assuring the effectiveness of safety mitigations. It includes systematic policies, procedures, and practices for the management of safety risk. The four principles or pillars of SMS are: (1) Safety Management Policy; (2) Safety Risk Management; (3) Safety Assurance; and (4) Safety Promotion.

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

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

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

Documentation of Board approval is found in Appendix A.

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

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

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

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

Subsection 2.4 Plan Review and Updates
SLO Transit updates this Safety Plan when information, processes or activities change within the Agency and/or when Part 673 undergoes significant changes, or annually, whichever comes sooner. As SLO Transit collects data through its Safety Risk

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

Management and Safety Assurance processes, shared with Caltrans and the local Metropolitan Planning Organization (MPO) as described in subsection 3.1 below, the MPO and Caltrans will evaluate SLO Transit’s safety performance targets (SPTs) to determine whether they need to be changed, as well.

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

This Plan may need to be reviewed and updated more frequently based on the following:
 We determine our approach to mitigating safety deficiencies is ineffective;  We make significant changes to service delivery;
 We introduce new processes or procedures that may impact safety;  We change or re-prioritize resources available to support SMS;  We significantly change our organizational structure.

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

Version
Number
Section/Pages
Affected Reason for Change Date Issued

1.0 All Original Plan 11/17/2020

2.0 Various Plan Update 3/2023

3.0 Various Plan Update 3/2024
Section 3 Safety Performance Targets (SPTs)
Subsection 3.1 Target Development
SLO Transit includes SPTs in this Safety Plan. These targets are specific numerical targets set by SLO Transit and based on the safety Performance Measures established by FTA in the National Public Transportation Safety Plan. In the most recent version, the 2017 NSP3, FTA adopted four initial safety Performance Measures: (1) Fatalities, (2) Injuries, (3) Safety Events, and (4) System Reliability.

SLO Transit developed safety performance targets that it will review and update annually.

The specific safety performance targets are based on the safety performance measures

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

established under the National Public Transportation Safety Plan and the safety performance goals set by Caltrans based on the past three (3) fiscal years of data. The Safety Performance Targets for SLO Transit for the Fiscal Year 2023-24 is expected to stay within 1% +/- of previous three years data pertaining to fatalities, injuries, safety events, and system reliability.

SLO Transit established safety performance targets for the period of July 1, 2023, through June 30, 2024, based on safety performance measures established under the National Public Transportation Safety Plan.

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

Mode of Transit Service Fatalities
(total)
Injuries
(total)
Safety
Events
(total)
System
Reliability
(VRM / failures)
Fixed Route Integer Target 0 0 0 3,377
Fixed Route Target per Vehicle Revenue Mile 0 0 0 0.01
Safety Performance Target Coordination
Targets Transmitted to the
Metropolitan Planning
Organization
Metropolitan Planning Organization Name Date Targets Transmitted San Luis Obispo Council of Governments
(SLOCOG) 2/2024
Section 4 Overview of the Agency’s Safety Management Systems (SMS) SMS is a comprehensive, collaborative approach that brings management and labor together to build on the transit industry’s existing safety foundation to control risk better, detect and correct safety problems earlier, share and analyze safety data more effectively, and measure safety performance more carefully. SLO Transit’s SMS focuses on applying resources to risk and is based on ensuring that SLO Transit has the organizational infrastructure to support decision-making at all levels regarding the assignment of resources. Some key parts of SLO Transit’s SMS include:
 Defined roles and responsibilities;
 Strong executive safety leadership;
 Formal safety accountabilities and communication;
 Effective policies and procedures; and
 Active employee involvement
Furthermore, SLO Transit’s SMS have four distinct components, which are discussed in subsequent sections to this Safety Plan:
 Safety Policy
 Safety Risk Management

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

 Safety Assurance
 Safety Promotion
Section 5 Safety Management Policy
The first component of SLO Transit’s SMS is the Safety Management Policy, which is the foundation of SLO Transit’s safety management system. It clearly states the organization’s safety objectives and sets forth the policies, procedures, and organizational structures necessary to accomplish the safety objectives. The Safety Management Policy clearly defines management and employee responsibilities for safety throughout the organization. It also ensures that management is actively engaged in the oversight of the system’s safety performance by requiring regular review of the Safety Management Policy, budget and program by the designated Accountable Executive.

Subsection 5.1 Safety Management Policy Statement
Safety is a core value at SLO Transit, and managing safety is a core business function.

SLO Transit will develop, implement, maintain, and continuously improve processes to ensure the safety of our customers, employees, and the public. SLO Transit’s overall safety objective is to proactively manage safety hazards and their associated safety risk, with the intent to eliminate unacceptable safety risk in our transit operations.

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

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

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

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

This is accomplished through various processes such as:
 Review Sessions – Conducted by City Management and Transit staff. Once this Plan or any update to this Plan has been signed by the Accountable Executive and approved by the Board it will become standard practice in perpetuity for the Chief Safety Officer to conduct safety meetings to review safety program with all staff.  New Hire Safety Orientation – The Chief Safety Officer will oversee that all new employees regardless of their classifications will be trained about their roles and responsibilities pertaining to PTASP and the principles of SMS.  Safety bulletins, email safety newsletter blasts to staff, and monthly safety meetings
Subsection 5.3 Employee Safety Reporting Program
SLO Transit implemented a process that allows employees and contracted employees to report safety conditions to senior management, protections for employees who report safety conditions to senior management. The purpose, description and protections for employees to report unsafe conditions and hazards are described in the Employee Safety Reporting Program as below:

Purpose:
a) To establish a system for SLO Transit employees to identify unsafe conditions or hazards at work and report them to their department management without fear of reprisal.

However, disciplinary action could result if the condition reported reveals the employee willfully participated in or conducted an illegal act, gross negligence or deliberate or willful disregard of regulations or procedures, including reporting to work under the influence of controlled substances, physical assault of a coworker or passenger, theft of agency property, unreported safety events, unreported collisions, and unreported passenger injuries or fatalities.
b) To provide guidelines for facilitating the timely correction of unsafe conditions or hazards by SLO Transit management.

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

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

Examples of voluntary safety reports include:
 Safety hazards in the operating environment (for example, county or city road conditions),
 Policies and procedures that are not working as intended (for example, insufficient time to complete pre-trip inspection),
 Events that senior managers might not otherwise know about (for example, near misses), and
 Information about why a safety event occurred (for example, radio communication challenges).
b) The program also involves recommending corrective actions and resolutions of identified unsafe conditions or hazards and/or near miss. c) All employees have the obligation to report immediately any unsafe conditions or hazards and near miss to their immediate supervisor /department manager and may do so without fear of reprisal.
d) Unsafe conditions or hazards may also be identified as a result of occupational injury or illness investigations and/or by accident investigation. e) Other means by which hazards may be identified are inspections/audits or observations made by the supervisors/management staff as referenced in agency’s Safety Inspection Program.
f) Findings will be published immediately following mitigation actions. If employee identification is available, direct feedback regarding mitigation will be provided.

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

Subsection 5.4.1 Accountable Executive
SLO Transit’s Accountable Executive is the Assistant City Manager, Community Services.

The Assistant City Manager is accountable for ensuring that the Agency’s SMS is effectively implemented throughout the Agency’s public transportation system. The Assistant City Manager has direct communication with the City Manager and direct coordination with the City Transit Manager. The Assistant City Manager is accountable for ensuring action is taken, as necessary, to address substandard performance in the

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

Agency’s SMS. The Assistant City Manager may delegate specific responsibilities, but the ultimate accountability for SLO Transit’s safety performance cannot be delegated and always rests with the Assistant City Manager. The Assistant City Manager is accountable for ensuring that the Agency’s SMS is effectively implemented, and that action is taken, as necessary, to address substandard performance in the Agency’s SMS. The Accountable Executive may delegate specific responsibilities, but not accountability for SLO Transit’s safety performance.

The Assistant City Manager’s roles include, but are not limited to:
 Decision-making about resources (e.g. people and funds) to support asset management, SMS activities, and capital investments;
 Signing SMS implementation planning documents;
 Endorsing SMS implementation team membership; and
 Ensuring safety concerns are considered and addressed in the agency’s ongoing budget planning process.
 Ensuring transparency in safety priorities: for the Board and for the employees.  Establishing guidance on the level of safety risk acceptable to the agency.  Assuring safety policy is appropriately communicated throughout the agency.  Other duties as assigned/necessary.

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

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

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

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

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

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

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

 Establishing clear lines of safety communication and holding accountability for safety performance.
 Assisting as subject matter experts in safety risk assessment and safety risk mitigation processes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Unlikely, but can reasonably be
expected to occur.

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

Unlikely to occur, but possible.

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

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

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

Severity Levels
Description Level Mishap Result Criteria
Catastrophic 1
Could Result in one or more of the following: death, permanent total disability, irreversible significant environmental impact, or monetary loss equal to or exceeding $10M
Critical 2
Could result in one or more of the following: permanent partial disability, injuries or occupational illness that may result in hospitalization of at least three personnel, reversible significant environmental impact, or monetary loss equal to or exceeding $1M but less than $10M
Marginal 3
Could result in one or more of the following: injuries or occupational illness resulting in one or more lost work day(s), reversible moderate environmental impact, or monetary loss equal to or exceeding $100k but less than $1M Negligible 4
Could result in one or more of the following: injuries or occupational illness not resulting in lost work day, minimum environmental impact. Or monetary loss less than $100k.

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

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

Safety Risk Assessment Matrix
Severity 
Probability 
Catastrophic
1 Critical
2 Marginal
3 Negligible
4 A-Frequent 1A 2A 3A 4A
B- Probable 1B 2B 3B 4B
C-Occasional 1C 2C 3C 4C
D- Remote 1D 2D 3D 4D

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

E- Improbable 1E 2E 3E 4E
F- Eliminated
Safety Risk Index Ranking
1A, 1B, 1C, 2A, 2B High Unacceptable
1D, 2C, 3A, 3B Serious Undesirable - With management decision required 1E, 2D, 2E, 3C, 3D, 3E, 4A, 4B, Medium Acceptable - with review by management 4C, 4D, 4E Low Acceptable - without review
The Chief Safety Officer documents recommendations regarding hazard rating and mitigation options and reports this information to the Accountable Executive.

Subsection 6.3 Safety Risk Mitigation
The Chief Safety Officer, assisted by Key Staff subject matter experts, reviews current safety risk mitigations and establish procedures to 1) eliminate; 2) mitigate; 3) accept specific risks. Prioritization of safety remediation measures is based on risk analysis and a course of action acceptable to SLO Transit management.

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

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

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

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

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

the organization's performance. Safety assurance includes inspection activities to support oversight and performance monitoring.

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

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

Subsection 7.1 Safety Performance Monitoring and Measurement As part of the Safety Assurance Process, SLO Transit:
 Monitors the system for compliance with, and sufficiency of, the Agency’s procedures for operations and maintenance through:
o Safety audits,
o Informal inspections,
o Regular review of on-board camera footage to assess drivers and specific incidents,
o Safety surveys,
o Employee safety reporting program,
o Investigation of safety occurrences,
o Safety review prior to the launch or modification of any facet of service, o Daily data gathering and monitoring of data relating to the delivery of service,
o Regular vehicle inspections and preventative maintenance, and o Continuous feedback loop between leadership and all levels of the agency.  Monitors its operations to identify any safety risk mitigations that may be ineffective, inappropriate, or were not implemented as intended through:
o Reviewing results from accident, incident, and occurrence investigations, o Monitoring employee safety reporting,
o Reviewing results of internal safety audits and inspections, and o Analyzing operational and safety data to identify emerging safety concerns.  Conducts investigations of safety events to identify causal factors; and  Monitors information reported through any internal safety reporting programs. o The Chief Safety Officer routinely reviews safety data captured in employee safety reports, safety meeting minutes, customer complaints, and other safety communication channels. When necessary, the Chief Safety Officer ensures that the issues and concerns are investigated or analyzed through the safety risk assessment process.

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

o The Chief Safety Officer also reviews the results of internal and external reviews, including audits and assessments, with findings affecting safety performance, compliance with operations and maintenance procedures, or the effectiveness of safety risk mitigations. The Chief Safety Officer discusses relevant safety issues and concerns with the Accountable Executive and executive management and documents the results of these reviews in the Hazard Log.

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

In California, every driver involved in an accident that results in death, injury, or property damage over $1000, effective January 1, 2017, must report the accident on a Report of Traffic Accident Occurring in California (SR 1) form to DMV. The report forms are available at www.dmv.ca.gov, by calling 1-800-777-0133, and at CHP and DMV offices.

Also, under California Vehicle Code §16002(b) the driver of a vehicle that is owned or operated by a publicly owned or operated transit system, or that is operated under contract with a publicly owned or operated transit system, and that is used to provide regularly scheduled transportation to the general public or for other official business of the system shall, within 10 days of the occurrence of the accident, report to the transit system any accident of a type otherwise required to be reported pursuant to subdivision (a) of Section 16000 . SLO Transit requires driver notification to SLO Transit immediately and maintains records of any report filed pursuant to this paragraph.

Section 8 Safety Promotion
The fourth component of the Agency’s SMS is Safety Promotion, which includes a combination of training and communication of safety information to employees to enhance the Agency’s safety performance. Safety Promotion sets the tone for the SMS and helps SLO Transit to establish and maintain a robust safety culture. Safety Promotion has twocomponents: (1) Safety Communication; and (2) Competencies and Training.

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

Ongoing safety communication is critical and SLO Transit ensures communication occurs up, down, and across all levels of the organization. Any lessons learned are communicated to all concerned. Management commitment to address safety concerns and hazards is communicated on a regular basis. Management encourages and motivates employees to communicate openly, authentically, and without concern for

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

reprisal; ensures employees are aware of SMS principles and understand their safetyrelated roles and responsibilities; conveys safety critical information such as accident data, injuries, and reported safety concerns and hazards and their resolutions to employees. SLO Transit’s tools to support safety communication include:
 Safety bulletins
 Safety notices
 Posters
 CDs or Thumb drives or online safety video access
 Newsletters
 Briefings or Toolbox talks
 Seminars and workshops
 New employee training and refresher training
 Intranet or social media
 Monthly Safety Meetings
Competencies and Training: Executive Management ensures that all employees attend the training provided to understand their specific roles and responsibilities for the implementation of SMS. SLO Transit provides SMS training in the following areas:

All Employees:
 Understanding of Safety Performance Targets
 Understanding of fundamental principles of SMS
 Understanding of Safety Reporting Program – Reporting unsafe conditions and hazards/near misses
 Understanding of their individual roles and responsibilities under SMS Managers and Supervisors
 Understanding of Safety Risk Management
 Understanding of Safety Assurance
 Understanding of Safety Promotion
 Understanding of their individual roles and responsibilities for SMS Executive Management:
 Understanding of management commitment to and support of all SMS activities.

All employees are required to acquire the competencies and knowledge for the consistent application of their skills as they relate to safety performance objectives. SLO Transit dedicates resources to conduct effective safety-related skill training. The scope of the safety training is appropriate to each employee’s individual safety-related job responsibilities and their role in SMS. Components of SLO Transit’s skill-related training include:

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

 Conducting training needs analyses to ensure that the right information is being taught to the right employees using the most efficient training methods.  Communicating purpose, objectives, and outcome.
 Ensuring relevant content by directly linking training to the trainee’s job experiences so trainees are more motivated to learn.
 Using active hands-on demonstrations and practice to demonstrate skills that are being taught and provide opportunities for trainees to practice skills.  Providing regular feedback during hands-on practice and exercises.  Reinforcing training concepts in the post-training work environment by giving employees opportunities to perform what they’ve learned.

Section 9 Strategies to Minimize Exposure to Infectious Diseases Pursuant to the Bipartisan Infrastructure Law, SLO Transit takes precautions to reduce risks of infectious diseases consistent with Centers for Disease Control and Prevention.

SLO Transit monitors transit service levels and adjusts as necessary to continue providing basic lifeline services for the public and allow for services that help promote social distancing and other individual risk minimization recommendations.

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

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

Wearing a mask is a courtesy to other riders.
 When possible, SLO Transit riders are asked to maintain a minimum of six feet distance from fellow riders.

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

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

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

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

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

Appendices
A – Council Resolution – SLO Transit Public Transportation Agency Safety Plan (PTASP) B – Organizational Chart (FY 2023-24)
C – Examples of Safety Event Investigation (Transdev)

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

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

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

Appendix B - Organizational Chart FY 2023-24
Approving Board
San Luis Obispo City
Council
Accountable Executive
Assistant City Manager
Chief Safety Officer
Contracting General
Manager
Key Staff
Contracting Safety
Manager
Key Staff
Contracting Operations
Manager
Key Staff
Contracting
Maintenance Manager
Supporting Review
Team
Mobility Services
Business Manager &
Transit Coordinator

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

Appendix C – Examples of Safety Event Investigation (Transdev North America, Inc.) Report of Unusual Incident

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

Near Miss and Hazard Report

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

Root Cause Analysis

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

R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, APPROVING THE PUBLIC TRANSPORTATION

AGENCY SAFETY PLAN (PTASP) FOR SAN LUIS OBISPO (SLO)

TRANSIT
WHEREAS, the City of San Luis Obispo receives funds from the Federal Transit Administration (FTA) under the Urbanized Area Formula Grants program (Section 5307); and
WHEREAS, the FTA requires transit operators to submit an update of their Public Transportation Agency Safety Plan (PTASP) to be eligible to receive Section 5307 funds; and
WHEREAS, the City has prepared a PTASP update in accordance with FTA 49 Code of Federal Regulations (CFR) Part 673; and
WHEREAS, San Luis Obispo Council of Governments (SLOCOG) has reviewed and concurs with the City’s PTASP update.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo hereby take the following actions:

1. Approve the Public Transportation Agency Safety Plan for San Luis Obispo (SLO) Transit; and

2. Authorize the San Luis Obispo (SLO) Transit’s Accountable Executive, the Assistant City Manager, to sign the final version of the Public Transportation Agency Safety Plan.

Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 1. Environmental Review. The California Environmental Quality Act (CEQA) does not apply to the recommended action because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _________ 2024. ___________________________
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 6f
Department: Public Works
Cost Center: 5005
For Agenda of: 3/19/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Nathan Garcia Nava, Engineer I
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR CORPORATION YARD

FUEL ISLAND AND WASH STATION REHABILITATION,
SPECIFICATION NO. 2000075-9.01

RECOMMENDATION

1. Award a Construction Contract to Quincon, Inc. in the amount of $795,694.62 for the Corporation Yard Fuel Island and Wash Station Rehabilitation project, Specification Number 2000075-9.01; and

2. Appropriate $81,203.74 from the Sewer Unreserved Working Capital Fund (602.0000.32001) to the project account (2000075-9.01); and

3. Appropriate $84,848.98 from the Water Unreserved Working Capital Fund (601.0000.32001) to the project account (2000075-9.01); and

4. Transfer $15,997.31 from the Whale Rock Undesignated Capital Completed Projects Fund (705.9501.71501) to the project account (2000075-9.01); and

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

6. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing Use of Water Unreserved Working Capital Fund, Sewer Unreserved Working Capital Fund and Whale Rock Undesignated Capital Funds to Support the Corporation Yard Fuel Island and Wash Station Rehabilitation project, Specification Number 2000075-9.01.”

POLICY CONTEXT
On June 20, 2023, Council authorized the invitation of bids for the Corporation Yard Fuel Island and Wash Station Rehabilitation project Spec No. 2000075-9.01. As stated in the report, the project contract must be awarded by Council if the construction bids are higher than the publicly disclosed funding limit of $700,000.

Item 6f

DISCUSSION
Background
The Corporation Yard Fuel Island and Wash Station Rehabilitation project (Project) seeks to replace existing metal panels and repair structural components that show deterioration.

The City of San Luis Obispo’s Corporation Yard contains the fuel island and wash stations that are frequently used by City staff for the 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. Over the course of time, however, the fuel island metal siding has experienced serious corrosion due to water intrusion intensified by the proximity of the wash stations. Due to the constant wet conditions, rust became prevalent, and 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 First Bid Advertisement
On June 20, 2023, after completing the design, Council approved the plans and specifications and authorized advertisement of the Project. On October 19, 2023, a bid opening was held where two bids were received. Upon review of the bids, staff determined that neither bid fully met the project qualifications and staff recommended rejecting all bids and readvertising the Project to the City Manager.

On November 16, 2023, a City Manager Report (Attachment B) was approved with staff’s recommendations to reject all bids and readvertise the Project. Staff completed minor modifications to the required reference projects to increase competitiveness of bids and readvertised the project.

Second Bid Advertisement
On November 23, 2023, the project went out to readvertise and on December 19, 2023, a second bid opening was held where one bid (Attachment C) was submitted for consideration by Quincon, Inc. and was higher than the Publicly Disclosed Funding Limit shown in the table below.

Item 6f
Table 1: Bid results from December 19, 2023, for the Corp Yard Fuel Island and Wash Station Rehabilitation Project, Spec No. 2000075-9.01
Publicly Disclosed Funding Limit Quincon, Inc
$700,000 $795,694.62
Although the bid from Quincon, Inc. exceeds the Publicly Disclosed Funding Limit of $700,000, staff is recommending award of the Agreement (Attachment D) and allocating an additional $182,050 to the project as discussed in the fiscal impact section below.

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. On June 20, 2023, Council authorized the invitation of bids 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.

The Utilities Department has contributed funding based on their usage of the Fuel Island and concurs with this project.

ENVIRONMENTAL REVIEW
The Community Development Department has issued a Notice of Exemption pursuant to section 15301 Class 1 (Existing Facilities) and section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines upon Council’s approval of the project.

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

Item 6f
Fiscal Analysis:

Funding Sources Total
Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund: Capital Outlay
Fund (2000075-9.01) $299,355 $0 $0 $0
General Fund: Capital Outlay
Fund LRM
(2000075-9.01)
$42,937 $0 $0 $0
General Fund: Major Facilities
Replacement Fund (2000075-

9.01)
$228,154 $0 $0 $0
General Fund: Major Facility
Repl Fund – LRM
(2000075-9.01)
$226,762 $0 $0 $0
State $0 $0 $0 $0
Federal $0 $0 $0 $0
Fees $0 $0 $0 $0
Sewer Unreserved Working
Capital (602.0000.32001) $15,132,424 $81,204 $15,051,220 $0 Water Unreserved Working
Capital (601.0000.32001) $8,300,790 $84,849 $8,215,941 $0 Whale Rock Undesignated
Capital Completed Projects
(705.9501.71501)
$17,842 $15,997 $1,845 $0
Total $24,248,264 $182,050 $23,269,006 $0
Project Account
(2000075-9.01)
Water Unreserved
Working Capital
(601.0000.32001)
Whale Rock
Undesignated
Capital Completed
Projects
(705.9501.71501)
Sewer Unreserved
Working Capital
(602.0000.32001)
404 Fund 601 Fund 705 Fund 602 Fund
Bid Total $642,699 $71,387 $13,398 $68,211 $795,695
Contingency (20%) $130,945 $13,462 $2,600 $12,993 $160,000 Total Construction
Estimate $773,644 $84,849 $15,997 $81,204 $955,694
Construction Support: $14,400 $0 $0 $0 $14,400
Materials Testing: $7,664 $0 $0 $0 $7,664
Printing: $1,500 $0 $0 $0 $1,500
Total Project Cost $797,208 $84,849 $15,997 $81,204 $979,258 Current Account
Balance: $797,208 $8,300,790 $17,842 $15,132,424 $24,230,422 New Requested
Funding $0 $84,849 $15,997 $81,204 $182,050
Project Funding Total $797,208 $84,849 $15,997 $81,204 $979,258 Post Project Balance $0 $8,215,941 $1,845 $15,051,220
Fiscal Impact Summary
City Hall Landing Repair, Spec No. 2000075-1.01
Project Total
Costs

Item 6f
The 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”. There was an additional $14,750 set aside in the 2020-21 Budget supplement for design services that was expended during the initial 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” and provided construction funding in the amount of $300,000. There was an additional $250,000 allocated to the project in the 2023-2024 fiscal year from the 2023-2025 Financial Plan. The previous Council action to approve the advertisement of the project also appropriated $300,000 from the Capital Projects Reserve Fund balance to fund the construction efforts. The Project account has a current balance of $797,208 for construction costs.

To fund the total construction cost of the project, staff reviewed fuel use data and created a percentage breakdown of the shared cost between departments and funds which is as follows: Sewer 8%, Water 11% (8% coming from the Water Unreserved fund and 3% from Whale Rock fund), and General Fund 81%. From those findings, staff is recommending an allocation of $81,203.74 from the Sewer Unreserved Working Capital fund, $84,848.98 from the Water Unreserved Working Capital fund and $15,997.31 from the Whale Rock Undesignated Capital account.

The Sewer Unreserved Working Capital fund has a current available balance of $15,132,424 as the date of this report. If the budget allocation is approved, there will be a remaining balance of $15,051,220 for future use on City projects. The Water Unreserved Working Capital fund has a current available balance of $8,300,790. If the budget allocation is approved, there will be a remaining balance of $8,215,941 in the account. The Whale Rock Undesignated Capital (Completed Projects) has a current available balance of $17,842.23. If the budget transfer is approved, there will be a remaining balance of $1,844.92 in the account.

ALTERNATIVES

1. Deny the award of the Construction Contract. Council could choose to reject the award of the construction contract to Quincon, Inc. Staff does not recommend this option as the project has been delayed and repairs are needed in order to prevent the further deterioration of the siding and to maintain the facility functioning for City use.

2. Deny the use of Unreserved Working Capital Funds. Staff does not recommend this option because funding is required from all users of the facility and after review of fuel usage data staff have verified the proportionate funding share each department would commit to the Project.

ATTACHMENTS
A - Resolution authorizing use of Water Unreserved Working Capital Funds, Sewer Unreserved Working Capital Funds, and Whale Rock Undesignated Capital Funds to support the Corporation Yard Fuel Island and Wash Station Rehabilitation,

Item 6f
Specification Number 2000075-9.01
B - CMR Corporation Yard Fuel Island and Wash Station Rehabilitation Project, Spec No. 2000075-9.01
C - 2000075-9.01 Bid Results 12.19.23 – Corp Yard Fuel Island and Wash Station Rehabilitation
D - Corp Yard Fuel Island Siding – Agreement

R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, AUTHORIZING USE OF WATER UNRESERVED

WORKING CAPITAL FUNDS, SEWER UNRESERVED WORKING

CAPITAL FUNDS, AND WHALE ROCK UNDESIGNATED CAPITAL

FUNDS TO SUPPORT THE CORPORATION YARD FUEL ISLAND AND

WASH STATION REHABILITATION, SPECIFICATION NUMBER
2000075-9.01
WHEREAS, despite the several maintenance projects on the fuel island over the years, the metal siding has experienced serious corrosion due to water intrusion near the wash station; and
WHEREAS, on June 20, 2023, City Council authorized the invitation of bids for the Corporation Yard Fuel Island and Wash Station Rehabilitation (Project) and approved an additional $300,000 from the Capital Projects Reserve Fund to the Corporation Yard Fuel Island and Wash Station Rehabilitation project account 2000075-9.01; and WHEREAS, an initial bid opening was held on October 19th, 2023, where two bids were submitted for consideration; and
WHEREAS, on November 16, 2023, a City Manager Report was approved with staff’s recommendations to reject all bids and readvertise the Project due to nonresponsive bids; and
WHEREAS, the project went out to readvertise a second time on November 23, 2023; and
WHEREAS, on December 19, 2023, a second bid opening was held where one bid was submitted for consideration by Quincon, Inc. that was higher than the Publicly Disclosed Funding Limit; and
WHEREAS, to provide funding to support the total construction contract for the Project based on a proportionate share of use of the facility by enterprise activities, staff is recommending City Council approve the use of Water and Sewer Unreserved Working Capital Funds and Whale Rock Undesignated Capital Funds to support the project; and WHEREAS, the Whale Rock Undesignated Capital Fund has an available balance of $17,842.23 and will contribute $15,997.31 based on historical fuel usage data. There will be a remaining balance of $1,844.92 in the account for future use; and

Resolution No. _____ (2024 Series) Page 2
R ______
WHEREAS, the Water Unreserved Working Capital Fund has an available balance of $8,300,790 and will contribute $84,848.98 based on historical fuel usage data. There will be a remaining balance of $8,215,941 for use on future projects; and WHEREAS, the Sewer Unreserved Working Capital Fund has an available balance of $15,132,424 and will contribute $81,203.74 based on historical fuel usage data. There will be a remaining balance of $15,051,220 for use on future projects.

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

SECTION 1. The City Council authorizes staff to transfer $84,848.98 from the Water Unreserved Working Capital Fund, to transfer $81,203.74 from the Sewer Unreserved Working Capital Fund, and to transfer $15,997.31 from the Whale Rock Undesignated Capital 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 _____________________ 2024. ___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington, City Clerk

City of San Luis Obispo, City Manager Report
Resolution Authorizing use of Unreserved Working Capital Fund for Spec Number 2000075-9.01 Final City Manager Approval Approver Name Date Approved ACM Community Services WM 11/16/23
Reviewer Routing List Reviewer Name Date Reviewed
Finance EJ 11/16/23
City Engineer SM for BN 11/8/2023
City Attorney SMS 11/13/23
Capital Improvements Program
Administrative Manager
SM for BN 11/8/2023
Department Analyst BP 11/9/2023
November 6, 2023
FROM: Matt Horn, Director of Public Works MH 11/10/2023 PREPARED BY: Nathan Garcia Nava, Engineer I
SUBJECT: Re-advertise the Corporation Yard Fuel Island and Wash Station Rehabilitation Project, Specification No. 2000075-9.01

RECOMMENDATION
Reject all bids and authorize staff to re-advertise the Corporation Yard Fuel Island and Wash Station Rehabilitation Project (Specification No. 2000075-9.01) for bids.

DISCUSSION
Background
On June 20th, 2023, staff went to City Council to authorize the Corporation Yard Fuel Island and Wash Station Rehabilitation (Project), Specification No. 2000075-9.01 project for bids. The same action also authorized the City Manager to award the contract if the lowest bid was within the Publicly Disclosed Funding Limit of $700,000.

On October 19th, 2023, a bid opening was held where two bids (Attachment A) were received and opened with the apparent lowest bidder being Quincon, Inc. (Quincon) with a bid proposal of $769,915.56. Both bidssubmitted were higher than the Publicly Disclosed Funding Limit as shown in the table below.

Table 1: Bid results from October 19, 2023, for the Corp Yard Fuel Island and Wash Station Rehabilitation Project, Spec No. 2000075-9.01
Publicly Disclosed
Funding Limit
Quincon, Inc GEMS Environmental
Management Services, Inc.
$700,000 $769,915.56 $986,035.40

Authorization to Re-advertise Corp Yard Fuel Island and Wash Station Rehabilitation Page 2 Quincon was the lowest bidder, but their bid was determined by staff to be non-responsive as it did not meet the project qualifications required in the Notice of Bidders Section of the Project Special Provisions. Specifically, Quincon did not provide the required reference projects per the requirements below:
“Two of the referenced projects must be for commercial or industrial building metal construction or repair”
“One of the referenced projects must be for a fuel tank recoating of similar size” Quincon was informed of the City’s determination that the bid was non-responsive and was given five days to respond with information as to why their bid should be considered responsive (Attachment B). Quincon responded by providing additional clarification on their submitted reference projects and provided a new reference to meet the requirements of the project (Attachment C). City staff reviewed the submitted documentation and determined that Quincon’s bid was non-responsive as no new references can be submitted after the bid opening.

The second lowest bidder was GEMS Environmental Management Services, Inc. After reviewing their bid package, staff found one of the referenced projects provided does not meet the requirements of the project Special Provisions. One of the listed reference projects was completed in 2016 which does not meet the requirement that all reference projects must have been completed within the last five years from the project’s bid opening date.

Staff is recommending rejecting all bids and re-advertising the Project. Staff will make minor modifications to the required reference projects prior to the re-advertisement of the Project. The modifications will not compromise the standard of qualification for the bidding contractors or modify the project as approved by Council but will allow for more competitive bidding of all interested contractors.

FISCAL IMPACT
There is no direct fiscal impact of the recommended action. If the re-advertised project bid results are higher than the publicly disclosed funding limit, staff will return to Council with a funding recommendation to award the Project.

ALTERNATIVES
Deny project readvertisement. The City Manager may choose to deny approval to re-advertise the Project, but staff does not recommend that option as the fuel island and wash station are in need of repair to prevent further deterioration.

ATTACHMENTS
A. 2000075-9.01 Bid Results – Corp Yard Fuel Island and Wash Station Rehabilitation B. 2000075-9.01 Bid Responsiveness Letter – Quincon, Inc.

C. 2000075-9.01 Bid Responsiveness Letter – Quincon, Inc. Response

Authorization to Re-advertise Corp Yard Fuel Island and Wash Station Rehabilitation Page 3 https://slocitycloud.sharepoint.com/sites/SLOHub/Administration/Shared Documents/City Manager Reports/Public Works/2023/CIP Engineering/2000075-9.01 Corp Yard Fuel Island and Wash Station Rehabilitation

Bid Opening: 12/19/2023
Item # Item Description Unit of Measure Estimated Quanity Item price Total 1 DEMOLITION LS 1 --- $50,028.72
2 REMOVAL OF EXISITING CONCRETE RAISED
CURB LF 40 $207.11 $8,284.40
3 STRUCTURAL REPAIRS LS 1 --- $149,787.24
4 PAINTING OF FUEL ISLAND STRUCTURE,
BOLLARDS AND CURB LS 1 --- $170,503.93
5 COATING OF TANKS EXTERIOR SURFACES AND

SADDLES, FILL PIPING, CONTAINMENT BOXES,

AND DISPENSER BOXES
LS 1 --- $86,198.73
6 NEW WALL PANELS LS 1 --- $70,157.33
7 DOOR REPLACEMENT EA 2 $9,809.31 $19,618.62
8 REPLACEMENT OF EXISTING DOWNSPOUT EA 2 $213.51 $427.02 9 INSTALLATION OF THE BIRD NETTING FOR
ENTIRE STRUCTURE LS 1 --- $17,839.77
10 INSTALLATION OF GALVANIZED STEEL LOUVER EA 1 --- $1,421.37 11 NEW 6" CURB LF 150 $293.60 $44,040.00
12 NEW RMI ROOFING MEMBRANE LS 1 --- $152,827.64
13 REMOVAL AND DISPOSAL OF EXISTING SIGNAGE
AND INSTALLATION OF NEW SIGNAGE LS 1 --- $1,988.70
14 TEMPORARY FUEL TANK AND PUMP WEEK 1 --- $21,961.15
15 GUTTER ALLOWANCE LF 50 $12.20 $610.00
$795,694.62
Corporation Yard Fuel Island and Wash Station Rehabilitation, SPECIFICATION NO. 2000075-9.01 Total Bid Amount
** Total bid amount is based on item price. Per section 2-1.33A, in the case of arithmetic discrepancy between item prices and total prices, items prices prevail over total prices.

Quincon, Inc.

AGREEMENT
THIS AGREEMENT, made on _____________________, 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 QUINCON, INC. (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

CORPORATION YARD FUEL ISLAND AND WASH STATION REHABILITATION, SPECIFICATION NO. 2000075-9.01
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 Item
Description
Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1 DEMOLITION LS 1 ---- $50,028.72
2 REMOVAL OF EXISITING
CONCRETE RAISED CURB LF 40 $207.11 $8,284.40
3 STRUCTURAL REPAIRS LS 1 ---- $149,787.24
4 PAINTING OF FUEL ISLAND

STRUCTURE, BOLLARDS,

AND CURB
LS 1 ---- $170,503.93
5 COATING OF TANKS

EXTERIOR SURFACES AND

SADDLES, FILL PIPING,

CONTAINMENT BOXES, AND

DISPENSER BOXES
LS 1 ---- $86,198.73
6 NEW WALL PANELS LS 1 ---- $70,157.33
DocuSign Envelope ID: 76921625-19F5-4CF0-8494-CC15D38B024E

7 DOOR REPLACEMENT EA 2 $9,809.31 $19,618.62
8 REPLACEMENT OF EXISTING
DOWNSPOUT EA 2 $213.51 $427.02
9 INSTALLATION OF THE BIRD

NETTING FOR ENTIRE

STRUCTURE
LS 1 ---- $17,839.77
10 INSTALLATION OF
GALVANIZED STEEL LOUVER EA 1 ---- $1,421.37
11 NEW 6" CURB LF 150 $293.60 $44,040.00
12 NEW RMI ROOFING
MEMBRANE LS 1 ---- $152,827.64
13 REMOVAL AND DISPOSAL OF

EXISTING SIGNAGE AND

INSTALLATION OF NEW

SIGNAGE
LS 1 ---- $1,988.70
14 TEMPORARY FUEL TANK AND
PUMP WEEK 1 ---- $21,961.15
15 GUTTER ALLOWANCE LF 50 $12.20 $610.00
BID TOTAL: $795,694.62
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.

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
DocuSign Envelope ID: 76921625-19F5-4CF0-8494-CC15D38B024E

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 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.

DocuSign Envelope ID: 76921625-19F5-4CF0-8494-CC15D38B024E

ATTEST:
_______________________________
Teresa Purrington, City Clerk

CITY OF SAN LUIS OBISPO
A Municipal Corporation
___________________________________
Erica A. Stewart, Mayor
APPROVED AS TO FORM CONTRACTOR:

QUINCON, INC.
________________________________
J. Christine Dietrick
___________________________________
Jose Quintana
City Attorney Chief Executive Officer & Secretary
DocuSign Envelope ID: 76921625-19F5-4CF0-8494-CC15D38B024E

Item 6g
Department: Public Works
Cost Center: 5201
For Agenda of: 3/19/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Alex Fuchs, Mobility Services Business Manager SUBJECT: AUTHORIZATION TO APPROVE PURCHASE OF TWO (2) BATTERY

ELECTRIC BUSES

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Approving the Purchase of Two Battery Electric Buses for use by San Luis Obispo (SLO) Transit.”

POLICY CONTEXT
The State of California Air Resources Board’s Innovative Clean Transit (ICT) regulation requires all transit agencies to transition their eligible fleet to zero-emission technologies.

The ICT regulation also requires transit agencies to adopt a Zero-Emission Rollout Plan to guide implementation of zero-emission technologies. On March 5, 2024, City Council adopted SLO Transit’s Zero-Emission Rollout Plan. The recommended action in this report complies with the ICT regulation and is consistent with the future bus purchase schedule outlined in the adopted Zero-Emission Rollout Plan.

On June 6, 2023, City Council established Climate Action, Open Space, and Sustainable Transportation as a Major City Goal with the adopted the 2023-25 Financial Plan. The adopted 2023-25 Financial Plan includes a Capital Improvement Plan (CIP) which lists “Bus Replacement with EV” (project no. 1000505, now 2000505) as an approved project.

On December 13, 2022, City Council adopted the City’s adopted Climate Action Plan 2023-27 Work Program, which includes task 4.1A – Continue to electricity the SLO Transit Fleet.

Municipal Code Section 3.24.060(E) allows for direct purchasing when the purchase is made cooperatively with one or more government agencies. This report recommends adopting a draft Resolution (Attachment A) approving the purchase of two (2) battery electric buses via the State of Washington’s cooperative agreement for purchasing transit vehicles.

DISCUSSION

Item 6g
Background
The Federal Transit Administration (FTA) has established a Useful Life Benchmark1for all vehicle types used by transit agencies. The Useful Life Benchmark sets forth the length of time at which a vehicle must be in operation prior to being eligible for replacement. The useful life for a large, heavy-duty bus is 12 years or 500,000 miles; whichever comes first. SLO Transit follows the FTA’s Useful Life Benchmark for procurement and retirement of all its revenue fleet vehicles. Between 2012 and 2013, SLO Transit purchased and put into service two large, heavy duty 40-foot low-floor buses.

The 2012 model bus has met its 12-year useful life and is eligible for replacement while the 2013 model will be eligible for replacement next year. Table 1 shows the replacement status for SLO Transit’s revenue fleet vehicles.

Table 1: SLO Transit Fleet Replacement Status
Direct Purchase via Cooperative Agreement
Washington State offers a cooperative procurement agreement for transit vehicles and serves as the lead agency for procurement. Washington State has satisfied the federal competitive procurement process which allows eligible agencies to participate in cooperative agreements without the need to solicit for proposals. The City’s Municipal Code section 3.24.060(E) allows for direct purchasing when the purchase is made cooperatively with one or more government agencies in place of the City’s bid procedures which typically must be followed for these types of purchases. Participating in cooperative procurements reduces staff time and resources required to solicit for and execute separate procurement agreements.

1 Federal Transit Administration (FTA) defines useful life as that age (i.e. number of years) after which an asset is no longer “fit for use” in the sense that is becomes worn, not fully operational, unreliable, and/or does not otherwise deliver transit service of acceptable quality.

Vehicle # Make Length Model Fuel Year
Manu.

Age
(in Years)
Useful Life
Remaining
Replacement Status
_754 Gillig 30' Low Floor Diesel 2007 17 -7 To be retired _755 Gillig 30' Low Floor Diesel 2007 17 -7 To be retired _856 Double K 30' Trolley Gasoline 2008 16 -4 Scheduled for 2028 _857 Gillig 40' Low Floor Diesel 2008 16 -4 On order
_858 Gillig 40' Low Floor Diesel 2008 16 -4 On order
_859 Gillig 40' Low Floor Diesel 2008 16 -4 On order
_860 Gillig 40' Low Floor Diesel 2008 16 -4 On order
_861 Gillig 35' Low Floor Diesel 2008 16 -4 On order
_862 Gillig 35' Low Floor Diesel 2008 16 -4 On order
_963 Alex. Dennis 40' Double Deck Diesel 2009 15 -3 Scheduled for 2028 1264 Gillig 40' Low Floor Diesel 2012 12 0 Pending Approval 1365 Gillig 40' Low Floor Diesel 2013 11 1 Pending Approval 1366 Gillig 40' Low Floor Diesel 2013 11 1 Scheduled for 2026 1167 El Dorado 28' Cutaway Gasoline 2011 13 -3 Scheduled for 2025 1768 Gillig 40' Low Floor Diesel 2017 7 5 Scheduled for 2029 1769 Gillig 40' Low Floor Diesel 2017 7 5 Scheduled for 2029 1770 Gillig 40' Low Floor Diesel 2017 7 5 Scheduled for 2029 2371 Proterra 35' Low Floor Electric 2022 2 10 Scheduled for 2034 2372 New Flyer 35' Low Floor Electric 2022 2 10 Scheduled for 2034

Item 6g
In July 2023, the City used the Washington State cooperative agreement to configure, receive a quote, and issue a purchase order to Gillig, LLC (Gillig) for six (6) battery electric buses. Staff used the same cooperative agreement to solicit a quote from Gillig for two additional battery electric buses. Gillig provided a quote letter on January 26, 2024, (Attachment B) for two battery electric buses at $2,558,278 total or $1,279,139 each. The quote letter requires issuance of a purchase no later than March 31, 2024, to secure the buses at the quoted price.

Next Steps, if Approved
If Council approves the recommended action, then transit staff will work with the City’s Finance Department to issue a purchase order prior to the quote letter expiration date, report the purchase to the State of Washington, and report the purchase to the FTA. Gillig will then schedule a pre-production meeting with City staff to confirm bus configuration options. The quote letter commits to production of buses within 24 months of purchase order issuance. Based on this timeline, delivery of buses is anticipated to occur summer 2026 and into operation by the end of December 2026.

Staff will also pursue the same process for the support infrastructure to support the buses, including charging stations, power block, and any necessary utility upgrades. This work will be done in coordination with Capital Improvement Projects (CIP) Engineering staff, contracted transit operations and maintenance services provider, and with the City’s electrical utilities provider (PG&E).

Previous Council Action

1. March 5, 2024 – City Council adopted SLO Transit’s Zero-Emission Rollout Plan as required by the State of California Air Resources Board’s Innovative Clean Transit regulation.

2. July 18, 2023 – City Council authorized the appropriation of undesignated Transit Fund balance for the purchase of six (6) battery electric buses.

3. June 6, 2023 - City Council established Climate Action, Open Space, and Sustainable Transportation as a Major City Goal with the adopted the 2023-25 Financial Plan. The adopted 2023-25 Financial Plan includes a Capital Improvement Plan (CIP) which lists Bus Replacement with EV (project no. 1000505) as an approved project.

4. December 13, 2022 - City Council adopted the City’s adopted Climate Action Plan 2023-27 Work Program which includes task 4.1A – Continue to electricity the SLO Transit Fleet.

Public Engagement
This is an administrative item intended to carry out previously approved plans and direction, so no public engagement was completed specific to the proposed purchase of these two electric buses. Public comment can be provided to the City Council through written correspondence submitted prior to the meeting and through public testimony during the meeting.

Item 6g

CONCURRENCE
This proposed action has the concurrence of the Administration Department’s Office of Sustainability as the action furthers the City’s climate action goals. The Finance Department concurs with the direct purchase of the battery electric buses via cooperative agreement. The action is also in alignment with the City’s Fleet Replacement Policy which prioritizes electric fuel source vehicles over gas and diesel powered fleet vehicles.

ENVIRONMENTAL REVIEW
The recommended action is not considered a “Project” under California Environmental Quality Act (CEQA) Guidelines Section 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-26
Funding Identified: Yes
Fiscal Analysis:

Funding Sources Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ 0 $ 0 $ 0 $ 0
State Grants (TDA) $ 478,124 $ 383,742 $ 94,382 $ 0
Federal (FTA 5307) $ 2,709,371 $ 2,174,536 $ 534,835 $ 0 Transit Fund $ 0 $ 0 $ 0 $ 0
Total $ 3,187,495 $ 2,558,278 $ 629,217 $ 0
The adopted 2023-25 Financial Plan included approval of project no. 1000505 (now 2000505) to replace existing diesel-powered buses with battery electric equivalents. The total budget for project no. 2000505 is $10,128,461 over the five-year plan period. The purchase of two battery electric buses, totaling $2,588,278, is within the overall budget for this project. The project purpose and budget will be updated with the Supplemental Budget to more accurately reflect this purchase, if approved.

The City secured $2,709,371 in federal funding through the Federal Transit Administration’s (FTA) Urbanized Area Formula Grant (49 U.S.C. § 5307) program. In the grant application, the City identified use of $478,124 in Transportation Development Act (TDA) funding as the required local match. The funding is earmarked for the purchase of two battery electric buses and associated charging infrastructure.

Through the State of Washinton’s cooperative agreement for purchasing transit vehicles, staff configured a bus to the City’s preferred specifications and was provided a cost quote by Gillig, LLC for two battery electric buses at $2,558,278 total or $1,279,139 each. The remaining $629,217 in FTA 5307 and TDA grant funds will be used for the purchase and install of charging stations and a power block to support the new battery electric buses.

The charging infrastructure purchase will occur at a later date through the same cooperative agreement process.

Item 6g

ALTERNATIVES
Council could decide not to authorize the purchase. This action is not recommended by staff because the purchase of zero-emission vehicles aligns with multiple City policies and advances SLO Transit’s ability to meet state zero-emission mandates. The recommended purchase aligns with the Federal Transit Administration’s useful life benchmark for heavy duty bus replacements. Operating buses beyond their useful life increases maintenance needs and decreases reliability of services. Additionally, federal grant funding secured for the purchase can only be used for capital projects.

ATTACHMENTS
A - Draft Resolution approving the purchase of two battery electric buses B - Gillig, LLC quote letter dated January 26, 2024

R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, APPROVING THE PURCHASE OF TWO

BATTERY ELECTRIC BUSES FOR USE BY SAN LUIS OBISPO (SLO)

TRANSIT
WHEREAS, the City of San Luis Obispo operates the San Luis Obispo (SLO) Transit system; and
WHEREAS, in October 2019, the State of California’s Air Resources Board Innovative Clean Transit regulation became effective which requires all public transit agencies to transition their eligible fleet vehicles to zero-emission technologies; and WHEREAS, the City Council, through the adoption of the City’s Climate Action Plan and the City’s Fleet Replacement Policy, prioritizes electric fuel source vehicles over gas- and diesel-powered fleet vehicles including transit fleet vehicles; and WHEREAS, in July 2020, Council approved the purchase of the SLO Transit’s first battery electric buses to replace existing diesel-powered buses; and WHEREAS, in July 2023, the City of San Luis Obispo received $2,709,371 in federal funds under the Federal Transit Administration’s (FTA) Urbanized Area Formula Grants (49 U.S.C. § 5307) for the purchase of two battery electric buses and associated charging infrastructure; and
WHEREAS, the City of San Luis Obispo is using $478,124 in Transportation Development Act (TDA) state grant funding for the required local match; and WHEREAS, Municipal Code section 3.24.060(E) allows for direct purchasing when the purchase is made cooperatively with one or more government agencies; and WHEREAS, staff identified a Washington State transit bus cooperative purchasing agreement which meets the federal procurement requirements, compared battery electric vehicle manufacturer specifications and pricing, and determined manufacturer Gillig, LLC (Gillig) to be the best fit for the City of San Luis Obispo’s transit needs; and WHEREAS, on January 26, 2024, Gillig provided a cost quote of $1,279,139 for each battery electric bus per the City of San Luis Obispo’s configurations which requires a purchase order be issued by March 31, 2024, to secure purchase at the quoted price.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby authorize the following:

1. Approve the purchase of two battery electric buses from Gillig, LLC at the quoted price (Exhibit A); and

Resolution No. ____ (2024 Series) Page 2
R ______

2. Authorize the Public Works Director to prepare, file, secure assurances and concurrences, submit necessary documents associated with, and other necessary actions for the purchase of the two battery electric buses.

Upon motion of ______________, seconded by ________________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of __________ 2024. ________________________________
Mayor Erica A. Stewart
ATTEST:
________________________
Teresa Purington
City Clerk
APPROVED AS TO FORM:
________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ________________________________
Teresa Purrington
City Clerk

Resolution No. ____ (2024 Series) Page 3
R ______

EXHIBIT A

January 26, 2024
Mr. Austin O’Dell
Interim Transit Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Dear Mr. O’Dell,
Thank you for your interest to purchase two (2) 40’ Low Floor Plus Battery Electric Buses through the State of Washington RFP#2020 06719-01.

Attached you will find the State of Washington RFP price tabulation that would pertain to the City of San Luis Obispo order. GILLIG is pleased to quote the following:

TWO (2) 40’X102” BATTERY ELECTRIC BUSES $1,279,139.00 EA This price is valid until March 31, 2024. Prices exclude registration and license fees but does include CA Sales Tax (8.75% adjusted to 4.8125%). The production of your buses can be scheduled within 24 months from receipt of purchase order. To maintain this production schedule, we will require a firm purchase order by March 31, 2024.

We thank you for this opportunity and appreciate your interest in GILLIG and our products.

We certainly look forward to working with City of San Luis Obispo and in so doing, continuing to build our long-term partnership. Should you have any questions, please do not hesitate to contact me.

Sincerely,
Sean Solis
Sean Solis
Regional Sales Manager
cc: William F. Fay, Jr.

Javier Hernandez, Jr.