San Luis Obispo City Council
April 2, 2024

City Council
AGENDA

Tuesday, April 2, 2024, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
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. ANNUAL ADVISORY BODY RECOGNITION (Estimated Time: 60 minutes):

STARTS AT 4:30 PM
Beginning at 4:30 p.m., the Mayor and City Council will recognize Advisory Body members for their service to the City of San Luis Obispo.

2. REGULAR MEETING CALL TO ORDER: STARTS AT 5:30 PM
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order at 5:30 p.m.

3. PLEDGE OF ALLEGIANCE
Council Member Emily Francis will lead the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a VOLUNTEER APPRECIATION MONTH PROCLAMATION
Mayor Stewart will present a proclamation declaring the month of April as "Volunteer Appreciation Month".

4.b MONTH OF THE CHILD PROCLAMATION
Mayor Stewart will present a proclamation declaring the month of April as "Month of the Child".

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 6o.

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 - MARCH 19, 2024 COUNCIL MINUTES 13
Recommendation:

Approve the minutes of the City Council meeting held on March 19, 2024.

6.c APPROVE BIENNIAL CONSUMER PRICE INDEX INCREASES TO

COUNCIL, PLANNING COMMISSION, AND ARCHITECTURAL

REVIEW COMMISSION SALARIES
19 Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, setting new salaries for the Mayor, Council Members, Planning Commissioners, and Architectural Review Commissioners,” effective the first pay period in January 2025.

6.d AUTHORIZATION TO ADVERTISE A REQUEST FOR

QUALIFICATIONS FOR ON-CALL DEVELOPMENT REVIEW

SUPPORT
25 Recommendation:

Approve the draft Request for Qualifications (RFQ) to provide on-call development review services (Specification No. 2024- 4006-01); and,

1. Authorize the City Manager to execute agreements with selected consulting firms; and,

2. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant services contract in an amount not-to-exceed the authorized project budget; and,

3. Authorize the Community Development Director to amend or extend the agreements for services in accordance with its term and within the available annual budget.

4. 6.e APPOINTED OFFICIAL COMPENSATION 63
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for City Attorney,” approving an amendment to the City Attorney’s employment contract; and

1. Authorize the Mayor to execute the amended contract of employment with the City Attorney adjusting her salary.

2. 6.f 2024 LEGISLATIVE ADVOCACY PLATFORM 75
Recommendation:

As recommended by Mayor Stewart and Council Member
Shoresman, adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, establishing a City Legislative Action Platform for 2024 and appointing the Council Member and Staff to act as a liaison between the City of San Luis Obispo and the League of
California Cities”; and

1. Appoint the Mayor, City Manager, and the City Attorney to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo.

2. 6.g FISCAL YEAR 2023-2024 SAN LUIS OBISPO COUNTY INTEGRATED

WASTE MANAGEMENT AUTHORITY TECHNICAL ASSISTANCE

GRANT APPLICATION
177
Recommendation:

Authorize the Utilities Department to apply for the Fiscal Year 2023-2024 Integrated Waste Management Authority Technical Assistance Grant in the amount of $10,000;

1. If the grant is awarded, authorize the Utilities Director, or their designee, to execute necessary grant documents and direct the appropriation of monies to the accounts required to administer the grant.

2. 6.h PURCHASE OFFER FOR PERMANENT EASEMENT AND

TEMPORARY CONSTRUCTION EASEMENT FROM COUNTY OF

SAN LUIS OBISPO FOR BOB JONES PATHWAY PROJECT
185
Recommendation:

Pursuant to an offer package received from the County of San Luis Obispo for its Bob Jones Pathway Project:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the sale of a Perpetual Easement and a Temporary
Construction Easement for the County of San Luis Obispo’s Bob Jones Pathway Project that will encumber portions of property owned by the City of San Luis Obispo identified as Assessor’s Parcel Numbers 076-061-075, 076-061-078, and 076-121-018 commonly known as the Filipponi Ecological
Reserve”; and

1. Authorize the Mayor to sign the document entitled, “Perpetual Easement Agreement (And Temporary Construction Easement) Bob Jones Pathway”; and

2. Direct staff to receive and reserve the funds for future open space uses in accordance with General Plan policy.

3. 6.i AUTHORIZATION TO APPLY FOR REGIONAL CRASH RESPONSE

AND EXTRICATION IMPROVEMENT GRANT PROGRAM THROUGH
CALIFORNIA’S OFFICE OF TRAFFIC SAFETY GRANT PROGRAM
255
Recommendation:

Authorize the Fire Department to apply for funding under California’s Office of Traffic Safety grant program to purchase modern extrication equipment; and

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

2. 6.j AUTHORIZATION TO ADVERTISE A REQUEST FOR

QUALIFICATIONS FOR ON-CALL SOLID WASTE AND RECYCLING

CONSULTANT SERVICES
259
Recommendation:

Approve the Request for Qualifications (RFQ) for on-call solid waste and recycling consultant services; and

1. Authorize the Utilities Director to execute professional service agreements with the selected consultants to create a 2024- 2029 on-call list; and

2. Authorize the Finance Director to execute and amend purchase orders for individual professional service agreements in an amount not-to-exceed the authorized project budget.

3. 6.k AUTHORIZATION TO ADVERTISE THE LAGUNA LAKE DOG PARK REVITALIZATION PROJECT, SPECIFICATION NO. 2001068
285
Recommendation:

Approve the project plans and special provisions for the Laguna Lake Dog Park Revitalization, Specification 2001068; and,

1. 2. Authorize staff to advertise for bids; and,
Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code, including the Base Bid and Additive Alternates, if the lowest responsible bid is within the Publicly Disclosed funding amount of
$1,130,000; and

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

4. 5. Authorize the following appropriations and transfers:

Transfer $800,000 Parkland In-Lieu (Quimby) Funds from
the Laguna Lake Improvements account (2000057) to the
project account (2001068); and,
a.

Appropriate $239,290 Park Improvement Funds from the
Unreserved Fund Balance to the project account
(2001068); and,
b.

Transfer $329,393 from account 2000526 (from two
funding sources identified below) to the project account (2001068); and,
c.
i. $279,393 Capital Outlay Funds
ii. $50,000 Parkland In-Lieu (Quimby) Funds
Unappropriate $1,478,195 Parkland In-Lieu (Quimby) Funds from the Laguna Lake Park Improvements project account
(2000057) that will be received upon final certificate of occupancy of the multi-family units for San Luis Ranch; and,

6. Authorize the Finance Director to return any unspent appropriated or transferred funding to its original account or fund, as identified in Recommendation #5; and,

7. Approve a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Park Improvement Funds, Parkland In-Lieu (Quimby) Funds And Capital Outlay Funds to support the Laguna Lake Dog Park Revitalization Project, Specification Number
2001068.”

8. 6.l AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR

THE MARGARITA AREA SPECIFIC PLAN AMENDMENT
413
Recommendation:

Authorize the issuance of a Request for Proposals (RFP) for the Margarita Area Specific Plan Amendment; and

1. Authorize the City Manager to enter into a multi-year consultant services agreement if proposals are received within the available budget of $300,000.

2. 6.m AUTHORIZE FUNDING FOR EMERGENCY MAINTENANCE AT THE

WATER RESOURCE RECOVERY FACILITY (WRRF)
453
Recommendation:

Approve a budget transfer of $1,498,364 from the Sewer Fund Undesignated Capital Completed Projects Fund
(602.9501.71501) to the WRRF Major Maintenance (2000607- 10); and

1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Sewer Fund Undesignated Capital to Support WRRF
Emergency Maintenance.”

2. 6.n AUTHORIZE APPLICATION FOR PROHOUSING INCENTIVE

PROGRAM FUNDS
461
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing application to and participation in the state Prohousing Incentive Program,” authorizing the City Manager, or Community Development Director as designee, to:

Submit a Prohousing Incentive Program Application to the California Department of Housing and Community
Development; and

1. If the application is approved by HCD, execute all documents necessary or appropriate to participate in the Prohousing Incentive Program.

2. 6.o INTERIM CITY MANAGER EMPLOYMENT AGREEMENT WITH

ASSISTANT CITY MANAGER WHITNEY MCDONALD
473
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an Employment Agreement for Interim City Manager”; and

1. Adopt a Regular Salary Schedule as required by California Public Employees Retirement System (CalPERS).

2. 7. PUBLIC HEARING AND BUSINESS ITEMS

7.a INTRODUCE AN ORDINANCE AMENDING TITLE 8 (SOLID WASTE), TITLE 12 (STORMWATER), TITLE 13 (WATER AND SEWER), AND
TITLE 15 (PLUMBING CODE) OF THE MUNICIPAL CODE (Estimated Time: 60 minutes)
491
Recommendation:

Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of San Luis Obispo, California, amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water and Sewer), and Title 15 (Plumbing Code) of the City of San Luis Obispo Municipal Code”

7.b INITIATION OF GENERAL PLAN AND SPECIFIC PLAN

AMENDMENTS TO CHANGE BUSINESS PARK ZONING TO

SERVICE COMMERCIAL ZONING AND ALLOW MIXED-USE
DEVELOPMENT AT 365 PRADO ROAD LOCATED WITHIN THE
MARGARITA AREA SPECIFIC PLAN (Estimated Time: 45 minutes) 625
Recommendation:

Provide direction to staff on whether to proceed with processing the General Plan and Specific Plan amendments to change Business Park (BP) zoning to Service Commercial (C-S) zoning and allow mixed-use development at 365 Prado Road.

8. 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)

9. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 16, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

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

The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 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 Channel: 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
March 19, 2024, 5:30 p.m.

Council Chambers, 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 Council Members

Absent:

Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CLOSED SESSION (4:30 PM START TIME)

1.a CALL TO ORDER
Council Member Michelle Shoresman called the Closed Session Meeting of the San Luis Obispo City Council to order at 4:30 p.m., with Mayor Stewart absent and Vice Mayor Pease attending virtually as noted on the agenda.

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
Action: City Attorney Christine Dietrick stated the Council met in Closed Session on two matters, as noted on the agenda, one matter of public employee appointment regarding Interim City Manager and the other the recruitment of a permanent City Manager. The Council has directed staff to move forward with the appointment of our current Assistant City Manager, Whitney McDonald, to serve as Interim City Manager, upon motion by Council Member Marx, seconded by Council Member Francis, with a vote of 4 – 0, with Mayor Stewart absent. No further reportable

2 action on that manner was provided. Staff will bring forward a contract for adoption by the Council during open session, date to be determined.

The Council also met with labor negotiators regarding the recruitment of the Interim City Manager and permanent City Manager, further direction was given to the labor negotiator and there was no further reportable action on that item.

1.d ADJOURNMENT

2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on March 19, 2024 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Council Member Shoresman. Mayor Stewart was absent, and Vice Mayor Pease participated remotely from the address listed on the cover of the agenda.

3. PLEDGE OF ALLEGIANCE
Council Member Marx led 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, introduced LeBren Harris, the new Chief Executive Officer for Downtown SLO.

4.b RED CROSS MONTH PROCLAMATION
Council Member Shoresman presented a proclamation declaring the month of March as "American Red Cross Month" to Rob Lewin on behalf of the Red Cross.

4.c 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:

Dona Hare Price
--End of Public Comment--

3 6. CONSENT AGENDA
Motion By Council Member Francis
Second By Council Member Marx
To approve Consent Calendar Items 6a to 6g.

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

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

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

COUNCIL MINUTES
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
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
Adopt Resolution No. 11478 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, acknowledging receipt of a report on the San Luis Obispo Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3 pursuant to Senate Bill 1205.”

4 6.e ADOPTION OF THE FEDERAL TRANSIT PUBLIC TRANSPORTATION

AGENCY SAFETY PLAN (PTASP)

1. Adopt Resolution No. 11479 (2024 Series) 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.

6.f AWARD CONSTRUCTION CONTRACT FOR CORPORATION YARD

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

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 Resolution No. 11480 (2024 Series) 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.”

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

ELECTRIC BUSES
Adopt Resolution No 11481 (2024 Series) 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
Council Member Marx attended the City/University quarterly lunch, the IWMA meeting, and SLO REP Season preview.

Council Member Francis attended the Community Academy and met the attendees. She also attended the Civic Well Conference, which was paid for by the City.

Vice Mayor Pease indicated she was in Sacramento on behalf of SLOCOG to participate in Advocacy Day. She also attended the WRAC meeting, the City/Cal Poly quarterly lunch, the Housing Summit hosted by the SLO Chamber of Commerce, and the monthly County Mayor's meeting on behalf of Mayor Stewart. She attended the final Groundwater Sustainability Commission (GSC) meeting and, since the Groundwater Sustainability Plan has been accepted the Commission, the GSC has been dissolved.

Council Member Shoresman attended Parks and Recreation community meeting for the proposed bike park at Laguna Lake Park. She also attended the first session of the Community Academy, the Housing Summit hosted by SLO Chamber of Commerce, and the SLO REP season announcement.

8. ADJOURNMENT
The meeting was adjourned at 6:19 p.m. 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.

APPROVED BY COUNCIL: XX/XX/2024

Item 6c
Department: Administration
Cost Center: 1021
For Agenda of: 4/2/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Megan Wilbanks, Deputy City Clerk
SUBJECT: APPROVE BIENNIAL CONSUMER PRICE INDEX INCREASES TO

COUNCIL, PLANNING COMMISSION, AND ARCHITECTURAL REVIEW

COMMISSION SALARIES

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, setting new salaries for the Mayor, Council Members, Planning Commissioners, and Architectural Review Commissioners,” effective the first pay period in January 2025.

POLICY CONTEXT
City of San Luis Obispo Charter Section 410 (Compensation) provides that compensation for the Mayor and Council shall be reviewed biennially in even numbered years.

Recommended adjustments would then become effective the following January for the next two-year period. Additionally, in 2001 Council adopted Resolution No. 9189, directing a review of compensation for Architectural Review Commissioners and Planning Commissioners in conjunction with its periodic review of Council compensation.

DISCUSSION
The City Council has adopted a "Council Policies and Procedure Manual" to define and ensure the proper conduct of the City's business by the City Council and in compliance with State law and the City's Charter and Ordinances. The Council Policies and Procedures Section 2.6 specifies that a seven-member citizen committee be appointed by January 31st of even numbered years and, further, that committee recommendations be forwarded to the Council no later than May 1st. In 2022 Council amended the Council Policies and Procedures adding Section 2.1.1 (Consumer Price Index Increases.) During the biennial review period, should Council choose not to initiate a comprehensive review of their compensation package via the formation of a Council Compensation Committee, they may direct staff to increase Council, Planning Commission, and Architectural Review Commission salaries based on the CPI. The CPI is updated monthly by the U.S. Bureau of Labor Statistics and measures the average change in prices over

Item 6c
time in a fixed market basket of goods and services. Historically, the city utilizes the CPI for All Urban Consumers in the Los Angeles, Long Beach and Anaheim metropolitan area.

Based on the year-end total for January 2023 (5.8%) and January 2024 (2.5%), the following sections break down the proposed salary increases for each body:
 City Council
The monthly salaries of the Mayor and Council Members would be increased from $2,696 to $2,923 and $2,139 to $2,319 per month, respectively. The compensation package for expenses, benefits, and professional development would remain unchanged. This increase to salaries will increase Council’s annual budget for the remainder of the 2023-25 Financial Plan by $1,366 and $4,335 respectively.  Planning Commission Salary
The salaries of the Planning Commissioners would be increased from $80 to $86 per meeting, and the maximum amount not to be exceeded per month would increase from $320 to $347. This increase to salaries will increase Community Development’s annual budget for the remainder of the 2023-25 Financial Plan by $94.  Architectural Review Commission Salary
The salaries of the Architectural Review Commissioners would be increased from $80 to $86 per meeting, and the maximum amount not to be exceeded per month would increase from $320 to $347. This increase to salaries will increase Community Development’s annual budget for the remainder of the 2023-25 Financial Plan by $94.

Previous Council or Advisory Body Action
 On December 7, 2021, Council directed staff to defer the appointment of a Council Compensation Committee and directed staff to return to Council with a Resolution amending the Council Policies and Procedures to allow biennial Consumer Price Index1increases to Council, Planning Commission, and Architectural Review Commission salaries without appointing a Council Compensation Committee (Staff Report, Minutes).

1 The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPls for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force.

The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments-department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index.

Item 6c
 On April 19, 2022, Council amended their Policies & Procedures Manual to add Section 2.1.1, Consumer Price Index Increases, which allows biennial CPI increases to be applied to Council, Planning Commission, and Architectural Review Commission salaries, effective the first full pay period in January, without convening a Council Compensation Committee. Subsequently, Council also adopted Resolution No. 11319 (2022 Series), which applied the CPI increase and set the new salaries for a 2-year period. (Staff Report, Minutes)  On July 18, 2023, Council deferred the appointment of a Compensation Committee and directed staff to return in April 2024 to present the biennial CPI increase to Council, Planning Commission, and Architectural Review Commission salaries.

They also directed staff to incorporate the formation and staffing of a Council Compensation Committee into the 2025-27 Financial Plan work program. (Staff Report, Minutes)
Public Engagement
No public engagement has been done for this item; however, the public will have an opportunity to provide public comment in writing prior to the meeting or as public comment during the meeting.

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

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

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $5,748 $ $11,497
State
Federal
Fees
Other:

Total $ $5,748 $ $11,497
There is no fiscal impact from this recommendation until FY 2024-25. Staff are in the process of developing the 2024-25 Supplemental Budget and will include the proposed CPI increase of $5,748 (six months, January 1, 2025 - June 30, 2025) in the staffing budget. All subsequent budgets will include the CPI increase for the full fiscal year ($11,497).

Item 6c

ALTERNATIVES
Do not adopt the Resolution. Council could decide not to allow the biennial CPI to increase to Council, Planning Commission, and Architectural Review Commission salaries.

ATTACHMENTS
A - Draft Resolution setting new salaries for Council, Planning Commission, and Architectural Review Commission

R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, SETTING NEW SALARIES FOR THE MAYOR,

COUNCIL MEMBERS, PLANNING COMMISSIONERS, AND

ARCHITECTURAL REVIEW COMMISSIONERS
WHEREAS, Charter Section 410 provides for compensation and reimbursement of expenses for the Mayor and Council Members and establishes a procedure for a biennial review by a five-member Council Compensation Committee; and WHEREAS, on April 19, 2022, Council amended their Policies & Procedures Manual to add Section 2.1.1, Consumer Price Index Increases, which allows biennial Consumer Price Index increases to be applied to Council, Planning Commission, and Architectural Review Commission salaries, effective the first full pay period in January, without convening a Council Compensation Committee; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Chapter 2.1 of the Council Policies and Procedures shall be amended to read as follows:

Effective the first full payroll period in January 2025, compensation for services rendered in an official capacity shall be provided as follows:
 The Mayor shall receive a monthly salary of $2,923 and each City Council Member shall receive a monthly salary of $2,319.
 Planning Commissioners shall receive $86 per meeting, not to exceed $347 per month.
 Architectural Review Commissioners shall receive $86 per meeting, not to exceed $347 per month.

Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 2. Resolution Number 11319 (2022 Series) is hereby repealed and superseded to the extent inconsistent herewith.

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 6d
Department: Community Development
Cost Center: 4006
For Agenda of: 4/2/2024
Placement: Consent
Estimated Time: NA
FROM: Timmi Tway, Community Development Director
Prepared By: Michael Loew, Deputy Director/Chief Building Official SUBJECT: AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS

FOR ON-CALL DEVELOPMENT REVIEW SUPPORT SERVICES

RECOMMENDATION

1. Approve the draft Request for Qualifications (RFQ) to provide on-call development review services (Specification No. 2024-4006-01); and

2. Authorize the City Manager to execute agreements with selected consulting firms; and

3. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant services contract in an amount not-to-exceed the authorized project budget; and

4. Authorize the Community Development Director to amend or extend the agreements for services in accordance with its term and within the available annual budget.

POLICY CONTEXT
The City’s purchasing policy requires competitive bids for a single transaction and cumulative purchases that occur in a fiscal year at Tier 3 through 5 in its purchasing guidelines (as outlined in Attachment A, Purchasing Policy Tier Approval Guide for Professional Services). The costs of on-call development review services have varied greatly from year to year depending on staffing levels and workloads. In most recent years, costs for these services have exceeded the Tier 5 threshold ($150,000+) due to the unprecedented amount of construction projects occurring within the city.

Municipal code 3.24.030 (f) states the City Administrative Officer as the purchasing authority shall seek ‘to consolidate department orders for like services to ensure discount pricing whenever feasible.’ On-call consultant lists shall be renewed at least every five years by a new RFQ process as required by municipal code section 3.24.070 (c).

Interpreting the policy and Municipal Code together, the Finance Department, Fire Department, and Community Development Department recommends establishing a list of qualified consultants through the RFQ process to perform development review related services. Then, once the contracts are in place, City staff can utilize the services of the contractors with negotiated pricing and terms to reduce overall service costs.

Item 6d

DISCUSSION
In order to meet published cycle times for plan review, the Community Development Department and Fire Department currently require the use of contract plan check services to supplement efforts of in-house resources. The proposed Request for Qualifications (Attachment B) for on-call consultants is to ensure that the City’s best economic interests are served and that the Community Development Department can continue to meet the needs and expectations of the public for plan check, engineering review, and inspection services. Requesting proposals in a competitive market will expand the pool of consultant firms to choose from in order to meet published cycle times for plan review.

On-call consultants have been providing plan check services to the City for the last 10 years and can seamlessly keep the workflow moving. Building and Safety currently has several on-call consultants that provide plan check services at a cost of 65% of the applicant’s cost of service fee with the remainder of the fee covering all other city costs.

The contract scope also includes an applicant-requested option for expedited plan check service where a plan check consultant provides a premium accelerated plan check for time sensitive projects. In such cases, the applicant pays the consultant a higher fee in accordance with their contract for accelerated plan checks. This process would remain available under the proposed contract scope.

While not the primary purpose of this effort, engineering development review and inspection services are included with this RFQ in order to have that capacity should the need arise. On-call consultant services for engineering review and inspections have been required and utilized over the past few years due to staff shortages and increased workloads. Staff has found it more cost effective to hire temporary staff to perform the work during periods of high permit activity and continues to pursue the most cost-effective approach; however, on-call consultants are utilized for projects when staffing levels cannot accommodate providing timely services.

It is typical for consultants to increase their costs for services on an annual basis, as determined by going market rates. In alignment with previous approaches, staff recommends authorizing the Community Development Director to reestablish the terms of the agreement when necessary to ensure that new rates do not exceed budgetary allocations for these services. This authorization will guarantee that rates cannot increase without approval from the Community Development Director, but still allow the contractual work to continue through fiscal years of the budget cycles.

The terms of the agreements with the consultants, including the term of the agreement, and the process for using the agreements will be in accordance with current Finance Department policy, and will be outlined in the RFQ posting (Attachment B).

Item 6d
Previous Council or Advisory Body Action
The City Council previously approved a similar authorization on April 2, 2019. The current contracts were established as a result of the previous council action will expire in July 2024.

Public Engagement
Public comment can be provided to the City Council through written correspondence submitted prior to the meeting and through public testimony during the meeting. This RFQ will be advertised following all purchasing guidelines.

CONCURRENCE
The Finance Department and Fire Department agrees with the need for these services to be procured through multiyear contracts with on-call consultants.

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: 2024-25
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $140,000 $ $ $
State
Federal
Fees
Other:

Total $140,000 $ $ $
Existing contracts and industry standard cost for consultant building permit plan check service is 65% of the amount the City collects for the service provided. In addition to the plan check service, total cost to the City includes overhead and administrative requirements associated with management and oversight of the consultant plan check process. Building inspection and engineering development review services are funded through “Other Contract Services” budgets line items. The Building and Safety Division has been allocated $140,000 for these services during the 2024-25 fiscal year.

Item 6d
Consistent with the City’s budget policies, the Community Development Department sets fees to accomplish 100% cost recovery for this service. Therefore, the recommendation to issue a RFQ and enter into agreements with consultants for plan check services has no net fiscal impact on the City’s general fund.

ALTERNATIVES
Do not authorize the issuance of the proposed RFQ, allow existing agreements with plan review consultants to expire, and provide increased services through additional staffing. This is not recommended as a sustainable alternative due to the varying factors that influence the workloads for development review services. While staffing levels are regularly assessed during financial plans, on-call consultants are a necessary resource to utilize during times of staff vacancies, staff vacations and extended leaves of absence, and during times when several large-scale project applications are submitted to the City at same time.

ATTACHMENTS
A – Purchasing Policy Tier Approval Thresholds
B – RFQ Draft Spec. No 2024-4006-01

Professional
Services
General
Goods
CITY OF SAN LUIS OBISPO www.slocity.org

PURCHASING POLICY - APPROVAL THRESHOLDS
Tier 1
Tier 2
Tier 3
Tier 4
Tier 5
Under
$10,000
$10,000
to $39,999
$40,000
to $69,999
$70,000
to $150,000
$150,000
or more
Purchase Requisition (PR) approved by Fiscal Officer
Purchase Order (PO) approved by Purchasing
3 Quotes
PR approved by Fiscal Officer, Dept. Head
PO approved by Purchasing
RFP Required
PR approved by Fiscal Officer & Dept. Head
PO approved by Purchasing
City Manager Report and RFP Required
PR approved by Fiscal Officer
PO approved by Purchasing
Council Approval and RFP Required
PR approved by Fiscal Officer
PO approved by Purchasing

PURCHASING POLICY - APPROVAL THRESHOLDS
Tier 1
Tier 2
Tier 3
Tier 4
Under
$10,000
$10,000
to $74,999
$75,000
to $199,999
$200,000
or more
Purchase Requisition (PR) approved by Fiscal Officer
Purchase Order (PO) approved by Purchasing
3 Quotes
PR approved by Fiscal Officer, Dept. Head
PO approve by Purchasing
City Manager Report and RFP Required
PR approved by Fiscal Officer & Dept. Head
PO approved by Purchasing
Council Approval and RFP Required
PR approved by Fiscal Officer
PO approved by Purchasing

Notice Requesting Proposals for Specification No. 2024-4006-01

BUILDING & SAFETY, ENGINEERING DEVELOPMENT REVIEW, FIRE PLAN REVIEW AND INSPECTION

SERVICES
The City of San Luis Obispo is requesting sealed proposals for plan review and inspection of construction projects necessary to determine compliance with all applicable building, fire and development codes and laws pursuant to Specification No. 2024-4006-01.

All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ) will be required to complete a free registration using BidSync (https://www .bidsync.com/bids vnc-appweb/vendor/register/Login.xhtmI). All proposals must be received via BidSync by the Department of Finance at or before [DATE] when they will be opened publicly in the City Hall Conference Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401.

Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening.

Proposals shall be submitted using the forms provided in the specification package.

A pre-proposal conference call will be held to answer any questions that the prospective proposers may have regarding the City's request for proposals. The pre-proposal conference call will take place at the following place and time:

Council Hearing Room
990 Palm Street, San Luis Obispo
[DATE]
1-888-204-5987, Code: 8618289
Specification packages and additional information may be obtained at the City’s BidSync website at www.BidS vnc.com. Please contact Michael Loew at [email protected] (805) 781-7572 with any questions.

The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.

Telecommunications Device for the Deaf (805) 781-7410.

TABLE OFCONTENTS
SECTION A: DESCRIPTION OF WORK............................................................................................................ 2 SECTION 8: GENERAL TERMS AND CONDITIONS ......................................................................................... 3 SECTION C: SPECIAL TERMS AND CONDITIONS................................................................................................... 9 SECTION D: FORM OF AGREEMENT. .......................................................................................................... 12 SECTION E: INSURANCE REQUIREMENTS................................................................................................... 19 SECTION F: PROPOSAL SUBMITTAL FORMS............................................................................................... 20 SECTION G: SCHEDULE OF PLAN CHECK AND INSPECTION FEES ............................................................... 28 SECTION H: PROPOSERS LIST...................................................................................................................... 30

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SECTION A: DESCRIPTION OF WORK
I. INTRODUCTION
TheCityofSanLuisObispo(City)wishestoobtaintheservicesofoneormoreprofessional governmental consulting firms(Consultant)toprovide planreviewandfield inspection servicesforprojects necessary to determine compliance with all applicable building and fire codes, development standards, City Municipal Codes and state and federal laws. The selected firm(s) will be issued anopen purchase order and projects will be assigned by the City’s Chief Building Official, Supervising Civil Engineer or Fire Marshal.

II. DESCRIPTION OF PROJECT
The project, in general, will consist of the examination, analysis, and review of plans for various construction projects within the city in order to determine compliance with all applicable regulations, includingbutnotlimitedtolocalbuilding regulations andamendments, aswellastheCaliforniaBuilding Standards Code (CAC Title 24), comprised ofthe latest adopted editions ofthemodel codes with State amendments, and theStateHousing Law(CAC Title 25) as adoptedby the StateofCalifornia andtheCity of San LuisObispo,the California Public Safety Code (CAC Title 19), CityMunicipal Code regulations and adopted City Engineer/Public Works standards. Dependent upon the scope of each specific project assigned, such plan reviews may consist of an examination of the structural, electrical, mechanical, plumbing, energy conservation, green building measures, fire and life safety, fire protection systems, hazardous materials management plans, grading, drainage to include stormwater and LID design requirements, geotechnical, onsite improvements, right-of-way improvements, and disabled accessibility aspectsoftheproposedproject.Mappingprojectsmayalsobesubmittedforreviewforcompliancewith the Subdivision Map Act. The City shall provide the Consultant with copies of code amendments and official code interpretationsissued by the Chief Building Official, Supervising Civil Engineer or Fire Marshal.

Biddersmay submit proposalsforserviceslisted inthisspecification inwholeorinpart. Proposals are to provide a clear listing ofservices proposed under this specification on the technical specification submittal form located in Section F of this specification.

The standard turnaround time for assigned plan reviews shall be 10 working days for the initial check and 5 working days for rechecks, unless otherwise specified by the City. Consultants shall pick up and deliver plans to the department unless alternate arrangements are approved by the City, which may include shipping at the sole expense of the Consultant. The Consultant should have electronic plan review capabilities and offer these services upon request.

TheConsultantshallutilize employeestoperformtheplanreviewswhoarecertified asPlans Examiners through the International Code Council and who are provided with a reasonable degree of annual training in accordance with the requirements of AB 717 (Health and Safety Code 18965 et seq.). A California Registered Engineer or Licensed Architect employed by the Consultantshallreviewthe portion ofplans thatinvolve engineering design. ARegistered FireProtection Engineershould reviewprojectsinvolving fire suppressions systems or hazardous materials management plans. A Licensed Land Surveyor or qualified Registered Civil Engineer shall review mapping projects for compliance with the Subdivision Map Act.

The project may include providing inspection services. Inspections will include review and interpretation of approved construction documents and inspection of construction for compliance with the various applicable codes(listed undertheplancheck services above).Inspectionsmay include

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investigation of construction performed without a permit to determine appropriate enforcement action required to correct any violations that may exist including violations of City Municipal Code Title 15 and Title 17 violations.

The Consultant shall utilize employees to perform inspections who are certified as required either by the International Code Council, California Association of Code Enforcement Officers orAmerican Public Works Association and who are provided with a reasonable degree of annual training in accordance with the requirements of AB 717 (Health and Safety Code 18965 et seq.).

Projects shall be assigned at the sole discretion of the Chief Building Official, Supervising Civil Engineer or Fire Marshal. The City may use its own employees and/or other independent Consultants to perform plan reviews in addition to any such work assigned to Consultant. The volume of plan reviews is dependent upon economic conditions that are outside the control of the City. Consequently, there is no guarantee provided asto the minimum ormaximum volume of work that may be assigned to a Consultant within any given time period.

In the course of the plan review process, the Consultant shall avoid situations involving an actual or potential conflictofinterest,shall act as anagent and adeputyofthe ChiefBuildingOfficial, Supervising Civil EngineerorFireMarshal, and shall actinthe interests ofthe Cityandthe citizens ofSan LuisObispo.

Consultants shall provide no servicesfor any private client within the corporate boundaries ofthe City during the contract period.

SECTION B: GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Qualifications (RFQ) specification package.

By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFQspecifications.

2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials.

Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit electronic, please send your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted.

3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Bestrating.
b. Scope of coverage and limits.

C. Deductibles and self-insured retention.

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The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. TheCity’sinsurance requirements aredetailed inSectionE.

4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer’s intention and the proposal total will be corrected to conform to the specified unitprice.

5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Proposers ortheirrepresentativesare invited tobe present atthe opening of the proposals.

6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a subproposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, isnottherebydisqualified fromsubmitting asub-proposal orfromquoting pricesto other proposers submitting proposals.

7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencieswill issue theirownpurchase orders,willdirectly receive goodsorservices attheirplace of business and will be directly billed by the successful proposer.

8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City.

CONTRACT AWARD AND EXECUTION

9. Proposal Retention andAward. The City reservesthe right to retain all proposalsfor a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria.

10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will

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provide, in a timely manner, all information that the City deems necessary to make such a decision.

11. Contract Requirement. The proposer to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice ofthe award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.

12. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution.

13. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134.

CONTRACT PERFORMANCE

14. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor,materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations.

15. Laws to be Observed. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of thework.

16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay.

17. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.

18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.

19. Public and Employee Safety. Whenever the Consultant’s operations create a condition hazardous to the public or City employees, itshall, atits expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage orinjury to the public and employees.

20. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property isinjured or damaged resulting from the Consultant’s operations, it shall be replaced or restored at the Consultant’s expense. The facilities shall be replaced or restored to a condition as good as when the Consultant beganwork.

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21. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subconsultants engaged forthe performance ofthis work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

22. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, gender, gender expression, national origin (ancestry), disability, military status, marital status, sexual orientation, or religion (creed) of such persons.

23. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, oranyotherAct ofGod, orby the inability to obtainmaterials, equipment, orlabor due to federal government restrictions arising out of defense or war programs, then the time of completion may, atthe City’s sole option, be extended forsuch periods as may be agreed upon by theCityandtheConsultant. Intheeventthatthereisinsufficienttimetograntsuchextensions priorto the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damagesthatmay have accrued forfailure tocomplete ontime, due toany of theabove, afterhearingevidence astothereasonsforsuchdelay,andmakingafindingastothe causes ofsame.

24. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Consultant (Net 30).

25. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’sinspection and approval. The inspection ofsuch work shall notrelieve Consultant of any of its obligations to fulfill its contract requirements.

26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant.

27. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not acquireanyinterest—direct,indirectorotherwise—thatwouldconflictinanymannerordegree with the performance of the work hereunder. The Consultant further covenants that, in the performanceofthiswork,nosubconsultantorpersonhavingsuchaninterestshallbeemployed. The Consultant certifiesthat no onewho hasorwillhaveanyfinancial interestinperforming this work is anofficeroremployee oftheCity. Itishereby expressly agreed that, intheperformance ofthework hereunder,theConsultantshallatalltimesbedeemedanindependent consultant and not an agent or employee of the City.

28. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall

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indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform itsobligationsunderthisAgreementoroutoftheoperations conductedbyConsultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” asthat phrase is used in Civil Code Section 2783, this paragraph shall apply inplaceofparagraphA.Tothefullestextentpermittedbylaw(including,butnotlimitedto California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, ordamages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations underthisAgreement or out ofthe operations conducted by Consultant, except forsuch loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City lndemnitees orattheCity’soption,reimburse theCity Indemniteestheir costs ofdefense, including reasonable legal fees, incurred in defense ofsuch claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used inCivil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees oratthe City’s option,reimburse theCity Indemniteestheir costsofdefense,including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault.

However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs.

(d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion ofthe services orthe termination ofthis contract. The provisions ofthis Section are notlimited by and do not affecttheprovisions ofthis contract relating to insurance.

29. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or itsright, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.

30. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency.

Ifthe Consultant has not performed the work or cured the deficiency within the ten daysspecified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, orrights under the contract except, however, any and all obligations of the Consultant’s surety shall remain in full force and effect, and shall not be extinguished,reduced, orinanymannerwaivedby theterminationsthereof.

Insaidevent,the Consultantshallbe entitled tothe reasonable value ofitsservices performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods orservices as ofthe last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City’s assessment ofthe value ofthe workin-progress in completing the overall workscope.

The City reserves the right to delay any such payment until completion or confirmed abandonment ofthe project, asmaybedetermined intheCity’ssole discretion,soastopermit a full and complete accounting of costs. In no event, however,shallthe Consultant be entitled to receive in excess of the compensation quoted in its proposal.

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SECTION C: SPECIAL TERMS AND CONDITIONS

1. Proposal Content. Your proposal must include the following information:

Submittal Forms
a. Proposal submittal summary.
b. Certificate ofinsurance.
c. References from at least three municipalities for whom you have provided similar services.
d. Completion ofthe Technical Specification Sheet and Proposal Submittal Form.

Qualifications
e. Experience of your firm in performing similar services. f. Education, training, experience, professional registration and certification of the principal and of staff members who will be involved in the projects. Include resumes of the individuals who would be assigned to projects, including any sub-contractors. g. Statement and explanation of any instances where yourfirmhas been removed froma project or disqualified from proposing on aproject.
h. Any additional capabilities ofthe firm or optional servicesthat may be offered (e.g.NPDES services,CASpservices),whichsupplementthescopeofthespecification description.

Work Program
i. Abrief narrative ofthe processesthatwill be employed to accomplish the specification including a discussion of the quality control measures. j. Proposed Plan Review turn-around times.
k. Any other information that would assist usin making this contract award decision.

Compensation
l. Proposed compensation shall be delineated on the Proposal Submittal Form provided with this RFQ.
m. A standard hourly billing rate for the assigned plan reviews.

Proposal Length and Copies
n. Proposals should not exceed 50 pages, including attachments and supplemental materials.
o. Six copies of the proposal must be submitted.

2. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee based on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.

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c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City.
d. Recent experience in successfully performing similarservices. e. Proposed approach in completing the work.
f. References.
g. Background and experience of the specific individuals to be assigned toprojects. h. Proposed compensation.

As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected Consultant, the City reserves the right tofurther negotiate the proposed work and/or method and amount of compensation.

3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award:
a. Issue RFQ
b. Pre-Proposal Conference (optional)
c. Receive proposals
d. Complete proposal evaluations
e. Conduct finalist interviews and finalizerecommendation f. Execute contract
g. Start work
[date]
[date]
[date]
[date]
[date]
[date]
[date]

4. Pre-Proposal Conference. An optional pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective bidders may have regarding this RFQ:
[date]
Community Development Department
919 Palm Street, San Luis Obispo, CA 93401
Participants may contact Michael Loew, Chief Building Official by email at [email protected] log-in information for the conference call, to be available at least 24 hours in advance.

5. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Consultant as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand.

6. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City.

7. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant forthe costs of duplicating of such copies at the Consultant's direct expense.

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8. Required Deliverable Products. The Consultant will be required toprovide:
a. One electronic submission - digital-ready original .pdf of all final documents. If Consultant wishes to file a paper copy, it must be submitted in a sealed envelope to the address provided in the RFQ.
b. Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager:

Word Processing:

Spreadsheets:

DesktopPublishing:

Virtual Models:

Digital Maps:

MS Word
MS Excel
InDesign
Sketch Up
Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
C. City staffwillreviewanydocumentsormaterials providedbytheConsultantand,where necessary,theConsultantwillberequired torespond tostaff comments andmake such changes as deemed appropriate.

ALTERNATIVE PROPOSALS

9. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's specification objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each ofthe alternative and discuss under what circumstances the City would prefer one alternative to the other(s).

10. Attendance at Meetings and Hearings. When requested, the Consultant will attend public meetings to present and discuss itsfindings and recommendations. Compensation for attendance will be at the hourly rate.

11. Accuracy of RFQ. This specification is believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracyofitsinterpretationoftestresults containedinthespecificationspackage. Inpreparing itsproposal,thebidderandallsubconsultantsnamedinitsproposalshallbearsoleresponsibility for proposal preparation errorsresulting fromanymisstatements oromissionsin the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defectsin the plans and specifications will be as determined by law, any patent ambiguity or defectshall give risetoadutyofbiddertoinquire priortoproposalsubmittal. Failure tosoinquire shall causeany such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect.

Furthermore, failure of the bidder or subconsultants to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects

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or ambiguities subsequent to submittal of the proposal.

To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the specification’s objective or standard beyond the amounts provided there for in the proposal.

In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and allsubconsultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute.

SECTION D: FORM OF AGREEMENT

AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.

W I T N E S S E T H:

WHEREAS, on [date], City requested proposals for building & safety, engineering development review, fire plan review and inspection services per Specification No. 2024-4006-01 WHEREAS, pursuanttosaidrequest, Consultantsubmitted aproposalthatwas acceptedbyCity for said services;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. TERM. ThetermofthisAgreementshallbeforfiveyearsfromthedatethisAgreement is made and entered, as first written above.

2. INCORPORATION BY REFERENCE. City Specification No. 2024-4006-01 and Consultant’s proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City’s specification and this Agreement and the Consultant’s proposal, the terms of the City’s specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties.

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4. INSURANCE: Consultant shall procure and maintain insurance as described in SECTION E.

5. STARTANDCOMPLETIONOFWORK. Workonthisprojectshallbeginwithinfivecalendar days after contract execution. Individual projects shall be completed in accordance with approved project schedules.

6. CONTRACT TERM FOR ON-CALL SERVICE CONTRACTS. The interim services requested will be contracted for by the City on as needed basis and as requested in writing by the City. The City reserves the right to use other contractors for the same orsimilar services orto request proposals for similar services as needed while Consultant provides services.

7. WORKDELAYS. Should theConsultant beobstructed ordelayed inthework required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, oranyotherActofGod,orbythe inability toobtainmaterials, equipment, orlabordue to federal governmentrestrictions arising out ofdefense orwarprograms,then the time of completion may, at the City’ssole option, be extended forsuch periods as may be agreed upon by the City and the Consultant. Inthe eventthatthere isinsufficient time to grantsuch extensions priorto the completion dateofthe contract,the Citymay, atthe timeof acceptance ofthework,waive liquidated damagesthat may have accrued forfailure to complete ontime, due to any ofthe above, after hearing evidence asto the reasons for such delay, and making a finding as to the causes ofsame.

8. TERMINATION. If, during the term of the contract, the City determines that the Consultantisnotfaithfullyabidingbyanytermorconditioncontainedherein,ortheConsultant’sworkis determined to be deficient, the City may notify the Consultant in writing of such defect or failure to perform. Thisnoticewillgive theConsultant a10(ten) calendar daynoticeoftime thereafterinwhichto perform said work or cure the deficiency.

IftheConsultant hasnot performed theworkor curedthe deficiencywithin the ten daysspecified inthe notice, such shall constitute a breach of the contract and the City may terminate the contract immediately bywrittennoticetotheConsultanttosaideffect. Thereafter,neitherpartyshallhaveanyfurtherduties, obligations,responsibilities,orrights underthe contract except, however, any andallobligations ofthe Consultant’ssurety shallremain infullforce andeffect, andshallnotbe extinguished, reduced, orinany manner waived by the termination thereof.

Insaidevent,theConsultantshall be entitled tothe reasonable valueofitsservices performed fromthe beginningdateinwhichthebreachoccursuptothedayitreceivedtheCity'sNoticeofTermination,minus any offset from such payment representing the City's damagesfrom such breach. "Reasonable value" includes fees or chargesfor goods orservices as of the last milestone ortask satisfactorily delivered or completedbytheConsultantasmaybesetforthintheAgreementpaymentschedule; compensation for any other work,services or goods performed orprovided by the Consultantshall be based solely onthe City's assessment of the value ofthe work-in-progressin completing the overall work scope.

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TheCityreservestherighttodelayanysuchpaymentuntilcompletionorconfirmedabandonmentofthe project, asmaybedeterminedintheCity'ssolediscretion,soastopermitafullandcompleteaccounting of costs. Innoevent, however,shalltheConsultant be entitled toreceive inexcessofthecompensation quoted in its proposal.

If,atanytime during thetermofthe contract,theCitydeterminesthattheproposed work isnotfeasible due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be paid compensation due and payable to the date oftermination.

9. ABILITY TO PERFORM. The Consultant warrants that it possesses, or has arranged throughsubcontracts, all capital andotherequipment, labor,materials, and licenses necessary tocarry out and complete the work hereunder in compliance with any and all applicable federal,state, county, city, and special district laws, ordinances, and regulations.

10. SUB-CONTRACT PROVISIONS. No portion ofthe work pertinentto this contractshall be subcontracted without written authorization by the City. Any substitution ofsub-consultantsmust be approved in writing by the City. For any sub-contract forservicesinexcess of $25,000, the subcontract shall contain all provisions of thisagreement.

11. CONTRACT ASSIGNMENT. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.

12. INSPECTION. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions ofthis contract. All work done and allmaterials furnished, if any,shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contractrequirements.

13. RECORD RETENTION AND AUDIT. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option ofinspecting and/or auditing allrecords. For Federally funded projects, accessto records shall also include authorized representatives of the State and Federal government. Copies shall be furnished ifrequested.

14. CONFLICT OF INTEREST. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing

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constructionproject. TheConsultantshallalsolistcurrentclientswhomayhaveafinancialinterestinthe outcome of this contract, or any ensuing construction project which will follow.

The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interestshall be employed. The Consultant certifiesthat no one who has orwill have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City.

15. REBATES,KICKBACKSOROTHERUNLAWFULCONSIDERATION. TheConsultantwarrants that this contract was not obtained orsecured through rebates, kickbacks or other unlawful consideration, eitherpromised orpaidtoanyCityemployee. Forbreach orviolation ofthewarranty,theCity shallhave the rightinitsdiscretion; toterminate the contractwithoutliability;topayonly forthe valueofthework actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

16. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants by execution ofthis contractthatnopersonorsellingagencyhasbeenemployed,orretained,tosolicitorsecurethiscontract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial orselling agencies maintained by the Consultantforthepurposeofsecuringbusiness. Forbreachorviolationofthiswarranty,theCityhasthe rightto annul this contract withoutliability; pay only forthe value ofthework actually performed, orin itsdiscretion,todeductfromthecontractpriceorconsideration,orotherwiserecoverthefullamountof such commission, percentage, brokerage, or contingent fee.

17. COMPLIANCE WITH LAWS AND WAGE RATES. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San LuisObispo ordinances,regulations and adopted codes during its performance ofthe work.

18. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that the Consultant is required to pay.

19. PERMITS, LICENSES AND FILING FEES. the consultant shall obtain a city business registration and pay the appropriate fees.

20. SAFETY PROVISIONS. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.

21. IMMIGRATION ACT OF 1986. The Consultant warrants on behalf of itself and all subconsultantsengagedfortheperformanceofthisworkthatonlypersonsauthorizedtoworkintheUnited

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States pursuant to the Immigration Reform and Control Act of 1986 and other applicable lawsshall be employed in the performance of the work hereunder.

22. CONSULTANT NON-DISCRIMINATION. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law.

23. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents(“Indemnified Parties”) fromand against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

24. NON-EXCLUSIVE CONTRACT. The City reserves the right to contract for the services listed in this proposal from other consultants during the contract term.

25. CONSULTANT ENDORSEMENT. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required.

26. OWNERSHIP OF MATERIALS. Upon completion of all work under this contract, ownership andtitle toallreports, documents, plans,specifications,and estimates produced aspartofthis contract willautomaticallybevestedintheCityandnofurther agreementwillbenecessarytotransferownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process.

27. RELEASE OF REPORTS AND INFORMATION. Any reports, information, data, or other materialgivento,preparedbyorassembledbytheConsultantaspartoftheworkorservicesunderthese specifications shall be the property of the City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City.

The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed orto be performed underthis contract without priorreview ofthe contents thereof by the City and receipt of the City’s written permission.

28. CONSULTANT INVOICES. The Consultant shall deliver a monthly invoice to the City, itemized byprojecttitle,plan check number andaddress. Invoicemustinclude abreakdown of charges by assigned project.

29. PAYMENT. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation in a total sum not to exceed the individual agreed upon project fee.

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Charges shall be based on those quoted in the proposal. Chargesfor plan review shall be based on the percentage ofthe Cityplan review fee asstipulated inthe proposal, unlesstheCity explicitly assignsthe projectonanhourlybasis. Chargesforinspection servicesshallbebasedonthehourly rate asstipulated in the proposal, unless the City explicitly assigns the project on a percentage basis.

30. PAYMENT TERMS. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30).

31. RESOLUTIONOFDISPUTES. Any dispute, otherthan audit, concerning aquestion offact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting ofthe City’s Project Manager and the City Director of Community Development, who may consider written or verbal information submitted by the Consultant. Not later than thirty days after completion of all deliverables necessary tocomplete the plans,specifications and estimate,the Consultantmay request reviewbytheCityCouncilofunresolvedclaimsordisputes,otherthanaudit,inaccordancewithChapter

1.20 Appeals Procedure of the Municipal Code.

Anydispute concerning aquestion offactarisingunderanauditofthis contractthatisnotdisposed ofby agreement,shall be reviewed by the City’s Chief Fiscal Officer. Notlater than 30 days after issuance of thefinalauditreport,theConsultantmayrequest areviewbytheCity’sChiefFiscalOfficerofunresolved audit issues. The request for review must be submitted in writing.

Neitherthe pendency of a dispute, norits consideration by the City will excuse the consultant from full and timely performance in accordance with the terms of this contract.

32. AGREEMENT PARTIES.

City Clerk
CityofSanLuisObispo
990 Palm Street
SanLuisObispo, CA 93401
Consultant: FIRM NAME
Attn: Principal authorized to
sign
Address
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above.

33. INCORPORATION BY REFERENCE. Consultant's letter proposal dated [date] is hereby incorporated in and made a part of this Agreement.

34. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Community Development Director.

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35. WORKINGOUTOFSCOPE. If,atanytimeduring theproject,theconsultantisdirected to do work by persons other than the City Project Manager and the Consultant believes that the work is outside of the scope of the original contract, the Consultant shall inform the Project Manager immediately. Ifthe Project Manager and Consultant both agree that the work is outside of the project scopeandisnecessary tothesuccessful completion oftheproject,then afeewillbeestablished forsuch work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense.

36. COMPLETE AGREEMENT. This written agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto.

No oral agreement, understanding or representation not reduced to writing and specifically incorporated hereinshallbeofanyforceoreffect,norshallanysuchoralagreement,understanding orrepresentation be binding upon the parties hereto. For and in consideration of the payments and agreements hereinbeforementionedtobemadeandperformedbyCity,ConsultantagreeswithCitytodoeverything required by this Agreement, the said specification and incorporated documents. Failure by the Consultant tocarryouttherequirements ofthisAgreementis amaterial breach ofthis agreement whichmay result in the termination of this Agreement orsuch other remedy asthe City deems appropriate.

37. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that everyone executing this agreement onbehalfofeachparty is aperson duly authorized and empowered to execute Agreements for such party.

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

CITY OF SAN LUIS OBISPO:

By:

City Manager
APPROVED AS TO FORM:

City Attorney
CONSULTANT:

By:

Name of CAO / President
Its: CAO / President

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SECTION E: INSURANCE REQUIREMENTS
Consultant Services
The Consultantshall procure andmaintain forthe duration ofthe contract insurance against claimsfor injuriestopersons ordamagestopropertywhichmay arise fromorinconnection withtheperformance ofthe work hereunder by the Consultant, its agents,representatives,employees orsubconsultants.

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

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

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

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

4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.

Minimum Limits of Insurance. Consultant shaft maintain limits no tess than:

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

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

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

4. Errors and Omissions Liability: $1,000,000 per occurrence.

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

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

1. TheCity,itsofficers,officials, employees, agents andvolunteers aretobecoveredasinsureds as respects: liability arising out of activities performed byoronbehalf ofthe Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired orborrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers.

2. Foranyclaimsrelated tothisspecification,theConsultant'sinsurance coverage shallbeprimary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance orself-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess ofthe Consultant's insurance and shall not contribute with it.

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3. TheConsultant'sinsuranceshallapplyseparately toeachinsuredagainstwhomclaimismadeor suit is brought, except with respect to the limits of the insurer'sliability.

4. Eachinsurancepolicyrequiredbythisclauseshallbeendorsedtostatethatcoverageshallnotbe suspended, voided, canceled byeither party,reduced incoverage orinlimits except afterthirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

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

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

SECTION F: PROPOSAL SUBMITTAL FORMS
TheundersigneddeclaresthatsheorhehascarefullyexaminedSpecificationNo.2024-4006-01whichis herebymade a part ofthis proposal; isthoroughly familiar with its contents; is authorized to represent the proposing firm; and agreesto perform the specified work forthe following cost quoted in full:

PROPOSAL ITEM: Building, Engineering Development Review, and Fire Plan Review and Inspection Services
Consultant Fee as a Percentage of Building Plan Check Fee % Consultant Fee as a Percentage of Fire Plan Check & Inspection Fee % Consultant Fee as a Percentage of Engineering Development Review Plan Check Fee
%
Structural Only Plan Review as a Percentage of the Building Plan Check Fee % Hourly Building Plan Review Fee
Hourly Fire Plan Review Fee
Hourly Engineering Plan Review Fee
Inspection Services upon request — Hourly Rate- Building CASp Services upon request — Hourly Rate
Inspection Services upon request — Hourly Rate- Code
Inspection Services upon request — Hourly Rate- Fire
Inspection Services upon request — Hourly Rate- Engineering Inspection Services upon request — Hourly Rate- Stormwater/NPDES 0 Certificate of insurance attached; insurance company’s A.M. Best rating:

Firm Name and Address

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Signature of Authorized Representative
TECHNICAL SPECIFICATION SUBMITTAL FORM:

The City is requesting proposals for Building, Engineering Development Review, and Fire Plan Review Services based on the following Technical Specifications.

TECHNICAL SPECIFICATIONS — Building, Engineering Development Review, and Fire Plan Review Services Instructions: Complete the right-hand column indicating that the specification is acceptable or explaining an exception that you are proposing. Failure to complete the right-hand column may invalidate the proposal.

1. Provide plan reviews of construction projects necessary to determine compliance with all applicable building and fire codes, engineering standards, and applicable laws.

2. SCOPE
A.Project, ingeneral will consist ofthe examination, analysis, and review of plans for various construction projects within the City in order to determine compliance with all applicable construction regulations, including but not limited to local building regulations and amendments, as wellastheCaliforniaBuildingStandardsCode(CACTitle24),comprisedof the latest adopted editions of the model codes with State amendments, and the State Housing Law (CAC Title 25) as adopted by the State of California and the City of San Luis Obispo. Dependent upon each specific project assigned, such plan reviews may consist of an examination of the structural, electrical, mechanical, plumbing, energy conservation, green building measures, fire and life safety, fire protection systems, hazardous materials management plans, grading, drainage to include stormwater and LID design requirements, geotechnical, onsite improvement, right-of-way improvements, and disabled accessibility features ofthe proposed project.

Mapping projects may also be submitted for review for compliance with the Subdivision MapAct.

Phone

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TheCityshallprovidetheconsultantwithcopiesofcodeamendments and official code interpretationsissued by the Building Official, Supervising Civil Engineer or Fire Marshal. Related consultant services such as the availability of certified inspection staff and/or a Certified Access Specialist (CASp) pursuant to SB 1608 is highly desirable.

B. In regards to projects assigned by the Supervising Civil Engineer, improvement plan review will include the review of planssubmitted for subdivision (residential) improvements, commercial developments, and infrastructureimprovementswithintheCity’srightofway.Theplansshall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a strict attention to details. Plan check services may include, but are not limited to the following:
• Evaluates plans and specifications for a variety of private development projects;reviewsthework ofcontract professional and technical staff and coordinates their work with that of other city departments, outside agencies, contractors and consultants. • Grading Plans including mass grading, rough grading and precise grading plans
• StreetImprovement Plansincluding street widening,rehabilitation and new street plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Traffic Plans including signing and striping plans, traffic detour, staging, site plans and signal plans
• Engineer’s Cost Estimate for the related items of work for bonding purposes
• Engineer’s Reports including but notlimited to: Dust Control Plans, Storm Water Pollution, Low Impact development and Best
Practices, Traffic Impact Studies, and Hydrology Studies • Prevention Plans, and Special Traffic Reports
The tasks of the plan checker include:
• To check for design conformance to:
o The approved Tentative Map
o Related Specific Plans
o General Plan and City Ordinances
o Conditions of Approval
o City Standards
o ADA/Accessibility Standards
o The City’s Subdivision Plan Check List
o Other Agency Requirements such as APCD, County of San Luis Obispo and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City’s most current Plan Check List.

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• To check general mathematics and design criteria.
• To call for redesign of any portion of plansthat:
o Will not function due to poor engineering.
o Is not consistent with the Approved Tentative Map or
Conditions of Approval.
o Will be potentially unsafe to the public.
o Impractical to construct
C. Inspections will include review and interpretation of approved construction documents and inspection of construction for compliance with the various applicable codes (listed under the plan check services above). Inspections may include investigation of construction performed without apermittodetermine appropriate enforcement action required to correct any violations that may exist including violations of City Municipal Code Title 15 and Title 17 violations.

3. REQUIREMENTS
A. Consultant shall utilize employees to perform the plan reviews who are certified as Plans Examiners through the International Code Council (ICC) and who are provided with a reasonable degree of annual training in accordance with the requirements of AB 717 (Health and Safety Code 18965 et seq.). Consultant shall utilize employees to perform inspections who are certified asrequired either by the International Code Council, California Association ofCode EnforcementOfficers or American Public Works Association and who are provided with a reasonable degree of annual training in accordance with the requirements of AB 717 (Health and Safety Code 18965 etseq.).

B. A California Registered Engineer or Licensed Architect employed by the Consultant shall review the portion of plans that involve Engineering design. A Registered Fire Protection Engineer shall review projects involving fire protection systems or hazardous materials management plans. A Licensed Land Surveyor or qualified Registered Civil Engineer shall review mapping projects for compliance with the California Subdivision Map Act.

C. The standard turn-around time for assigned plan reviews shall be 10 (ten) working days for the initial review and 5 (five) working days for rechecks. Consultants shall pick up and deliver plans dai!v to the Department unless the Building Official, Fire Marshal, or Supervising Civil Engineer approves alternate arrangements. An overnight courier or postal service may be used by the Consultant at their expense.

D. Projectsshall be assigned atthe sole discretion ofthe BuildingOfficial, Fire Marshal, or Supervising Civil Engineer. The City may use its own employee and/or other independent Consultants to perform plan reviews in addition to any such work assigned to Consultant. The volume of plan reviews is dependent upon economic conditions that are outside the

-24-
control of the City. Consequently, there is no guarantee provided asto the minimum or maximum volume of work that may be assigned to a Consultant within any given time period.

E. In the course of the plan review process, the Consultant shall avoid situationsinvolving an actual or potential conflict of interest,shall act as an agent and a deputy of the Building Official, Fire Marshal or City Engineer, and shall actin the interest ofthe City and the citizens of San LuisObispo.

Consultants shall provide no services for any private client within the corporate boundaries of the City during the contract period.

F. Consultant shall have electronic plan review capabilities and offer these services upon request.

4. COMPENSATION
A. Proposals shall include the consultant’s expected compensation expressed as a percentage of the City’s plan review fee as determined in accordance with the attached Schedule of Fees (Attachment A). The proposals should also include the consultant’s expected compensation for structural only plan reviews as a percentage of the City’s plan review fee.

The consultant’s plan review fee shall be considered the full compensation for all plan review performed through the second recheck. Thereafter, the consultant may charge any additional plan review time at their agreed upon hourly rate if the base plan review fee is not adequate to cover the consultant’s cost for the review.

B. Projects not assigned a plan check fee by the Building Official, Fire Marshal or Supervising Civil Engineer are to be billed by the consultanttotheCitybasedonthehourly rate andtheactualplan check time inone-half hourincrements. Theconsultant’s current accumulated plan review hours, to be billable, must be specified on each transmittal sheet accompanying the plans. The final transmittal sheet accompanying the approved plans must indicate the total accumulated hours. Hours not indicated on the transmittal sheets shall not be billable and will not be paid by the City.

C. The Building Official, Fire Marshal or Supervising Civil Engineer may assign any plan review at an hourly rate rather than based on a percentage of fees at his/her sole discretion.

D. The hourly rate for on-call Building inspection services shall be specified.

-25-
E. The hourly rate for on-call Code inspection services shall be specified.

F. The hourly rate for on-call Fire inspection services shall be specified.

G. The hourly rate for on-call Engineering inspection services shall be specified.

H. The hourly rate for on-call Stormwater/NPDES inspection services shall be specified.

1. The hourly rate for CASp services, if available,shall be specified.

J. The Consultant shall invoice each applicable department forservices rendered on a monthly basis.

QUESTIONS REGARDING TECHNICAL ASPECTS OF THIS RFQ SHOULD BE DIRECTED TO THE TECHNICAL AUTHORITY LISTED BELOW.

Michael Loew, Chief Building Official
(805) 781-7157 [email protected]

-26-
REFERENCES:

Numberofyearsengagedinproviding theservicesincludedwithinthescopeofthespecificationsunder the present business name:

Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

ReferenceNo.1:

Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
ReferenceNo.2:

Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Agency Name

-27-
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome

-28-

STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposershallstatewhetheritoranyofitsofficers oremployees who have aproprietary interestin it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, orlocal government project because ofthe violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.

Do you have any disqualification as described in the above paragraph to declare? Yes Q
If yes, explain the circumstances.

No Q
Executed on at under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.

Signature of Authorized Proposer Representative
SECTION G: SCHEDULE OF PLAN CHECK AND INSPECTION FEES

1. Schedule of Plan Check and Inspection Fees- See Attachment A

-29-
Note: It is City policy to adjust the fees attached on an annual basis based on the CPI. Any other adjustments to the fees made by the City during the term of this contract will be subject to negotiation with the selected consultant for the scope of work to be assigned at that time

-30-
SECTION H: PROPOSERS LIST
Business Name
Contact Name
Address
City, State and Zip Code
Phone No.

Fax No.

Business Name
Contact Name
Address
City, State and Zip Code
Phone No.

Fax No.

Business Name
Contact Name
Address
City,StateandZipCode
Phone No.

Fax No.

Business Name
Contact Name
Address
City, State and Zip Code
Phone No.

Fax No.

Business Name
Contact Name
Address
City, State and Zip Code
Phone No.

Fax No.

Business Name
Contact Name
Address
City, State and Zip Code
Phone No.

Fax No.

NOTE:Notto be included withBidder’s Package when mailed or handed out. Thisshould be included andreferenced as anattachmenttothe Council AgendaReport orCityManager Report.

Item 6e
Department: Human Resources
Cost Center: 2007
For Agenda of: 4/2/2024
Placement: Consent
Estimated Time: N/A
FROM: Mayor Erica A. Stewart
Prepared By: Nickole Domini, Director of Human Resources SUBJECT: APPOINTED OFFICIAL COMPENSATION

RECOMMENDATION

1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for City Attorney,” approving an amendment to the City Attorney’s employment contract; and

2. Authorize the Mayor to execute the amended contract of employment with the City Attorney adjusting her salary.

POLICY CONTEXT
The official City Attorney’s evaluation was conducted in accordance with the Appointed Officials Evaluations Guide. The recommendations in this report are consistent with the Council’s adopted Compensation Philosophy.

DISCUSSION
Background
In 1999, the Council implemented a structured annual evaluation process to formally review the performance of its two appointed officials, the City Manager and City Attorney.

The process is facilitated by a consultant who collects Council input on appointed officials’ performance and their progress achieving Council adopted goals, typically in March or April of each year. This process also includes review and consideration of changes to the appointed officials’ compensation and benefits.

The Council met with a consultant in closed session on February 29, 2024, to discuss the City Attorney’s official performance. Due to City Manager Johnson’s resignation, the Council evaluated only City Attorney Christine Dietrick. The Council concluded that the City Attorney had met or exceeded performance expectations in all categories, accomplished the 2023-24 goals provided by the Council, and was eligible for a compensation review. Upon examination of the compensation review, the City Attorney’s current effective salary is approximately one (1%) percent below the median of the

Item 6e
comparison agencies. The Council further evaluated the City Attorney’s compensation, carefully weighing the extraordinary wisdom and guidance City Attorney Dietrick provides the organization, the skills necessary to navigate complex issues facing the City, and the willingness to play a pivotable role in the successful transition and onboarding of the new City Manager. Ultimately, the Council recommended a five (5%) percent salary increase for the City Attorney effective the first pay period in April 2024, in an effort to pay the City Attorney competitively with the market in accordance with Council adopted Compensation Philosophy.

Public Engagement
Compensation for the City Attorney official in comparison agencies was considered by Council. No other public engagement was conducted as the City Attorney is appointed and serve at the will of the Council.

CONCURRENCE
No other departments were asked to review this report as the appointed officials’ evaluations and compensation are the authority of the Council.

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: 2024-25
Funding Identified: Yes, a contingency fund exists for negotiated increases.

Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $2,645 $ $13,754
State
Federal
Fees
Other:

Total $ $2,645 $ $13,754
Providing increases to the City Attorney the first full pay period in April 2024 will result in approximately $2,645 funding needed through the end of the fiscal year, and $13,754 annually ongoing. There is enough funding in existing resources to cover these increases.

Item 6e

ALTERNATIVES
Renegotiate adjustments to the City Attorney compensation based on new or different information. This alternative is not recommended because this process represents a good faith negotiation between the appointed official and the Council.

ATTACHMENTS
A - Draft Resolution amending the City Attorney’s Employment Contract B - Amended Contract of Employment with the City Attorney

R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, AMENDING A CONTRACT OF EMPLOYMENT

FOR CITY ATTORNEY
WHEREAS, on January 2, 2010, the City Council approved a contract of employment appointing Christine Dietrick to the position of City Attorney; and WHEREAS, the City Council conducted a performance evaluation of this appointed official on February 29, 2024, in accordance with the Appointed Officials’ Performance Process as modified in December of 2011.

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

SECTION 1. The City Council hereby approves the amended contract of employment attached hereto as Exhibit A.

Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 2. The City Council shall evaluate the performance of the City Attorney annually.

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:
______________________
Markie Kersten
Assistant 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

Exhibit A

AMENDED CONTRACT OF EMPLOYMENT WITH
J. CHRISTINE DIETRICK CITY ATTORNEY
THIS CONTRACT is amended this 2
nd day of April 2024 by and between the CITY OF
SAN LUIS OBISPO, a municipal corporation and charter city (hereinafter referred to as "CITY"), and J. CHRISTINE DIETRICK, a contract employee (hereinafter referred to as "CHRISTINE DIETRICK");
WITNESSETH:

WHEREAS, Charter Section 701 provides that the SAN LUIS OBISPO CITY COUNCIL (hereinafter referred to as "COUNCIL") is responsible for the appointment and removal of the CITY ATTORNEY, and
WHEREAS, the COUNCIL, on behalf of the CITY acknowledges and accepts the responsibility for supervision of the CITY ATTORNEY; and WHEREAS, the COUNCIL is desirous of appointing a CITY ATTORNEY and wishes to set the terms and conditions of said employment; and
WHEREAS, CHRISTINE DIETRICK desires to continue in her position of CITY ATTORNEY consistent with certain terms and conditions of said employment, as set forth in this CONTRACT.

NOW, THEREFORE, the parties do mutually agree as follows:

Section 1. Effective Date.

A. The appointment of CHRISTINE DIETRICK is effective January 1, 2010.

B. Nothing in this Contract shall prevent, limit, or otherwise interfere with the right of the COUNCIL to terminate the services of CHRISTINE DIETRICK at any time, subject only to San Luis Obispo CITY Charter Section 709 and the provisions set forth in Section 12 of this Contract.

C. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of CHRISTINE DIETRICK to resign at any time from her position with the CITY, subject only to the provision set forth in Section 13 of this Contract.

Section 2. Duties and Salary.

A. CITY agrees to employ CHRISTINE DIETRICK as full-time CITY ATTORNEY of the City to perform the functions and duties specified in the Charter and Municipal Code and to perform such other legally permissible and proper duties and functions as the COUNCIL may from time to time assign.

B. COUNCIL agrees to pay CHRISTINE DIETRICK, for her services rendered pursuant hereto, an annual base salary of $288,392 payable in installments at the same time as the other management employees of the CITY are paid. In addition, COUNCIL agrees to increase said base salary by the cost-of-living adjustment approved by the COUNCIL for all CITY management employees under any successor Management Compensation Resolutions.

Section 3. Benefits.

In addition to the salary set forth in Section 2 of this CONTRACT, CHRISTINE DIETRICK shall be entitled to a car allowance of $250 per month, a City contribution of 5.0% of salary to a 401(a) supplemental retirement plan, the ability to cash out up to three weeks' vacation once during the calendar year, upon CHRISTINE DIETRICK'S request, and the same benefits as those offered by the CITY to the CITY ATTORNEY, in accordance with the Management Compensation Resolution, Resolution No. 11316 (2022 Series) and any successors.

Section 4. Performance Evaluation.

A. By April 30, 2010, COUNCIL and CHRISTINE DIETRICK shall establish mutually agreeable written goals, performance objectives, and priorities for the performance period ending March 30, 2011. Further, Council shall conduct an "interim" evaluation by October 29, 2010. An annual formal Council evaluation will be conducted in March of 2011 in accordance with the City's Appointed Official Evaluation Process. Consistent with the schedule outlined above, based on the Appointed Officials Evaluation Process, and subject to performance as assessed by the COUNCIL, the CITY ATTORNEY compensation shall be reviewed by COUNCIL in April 2011 consistent with the Management Pay-forPerformance System in place at that time.

B. Each calendar year thereafter, COUNCIL shall review and evaluate the performance and compensation of CHRISTINE DIETRICK in accordance with the adopted Appointed Officials Evaluation Process, best management practices, and informed by comparison agency data.

Section 5. Outside Activities, Conduct and Behavior.

A. CHRISTINE DIETRICK shall not engage in teaching, consulting or other non-CITY connected business without the prior approval of COUNCIL.

B. CHRISTINE DIETRICK shall comply with all local and state requirements regarding conflicts-of-interest.

Section 6. Dues and Subscriptions.

COUNCIL agrees to budget for and to pay for professional dues and subscriptions of CHRISTINE DIETRICK necessary for her continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the CITY.

Section 7. Professional Development.

A. COUNCIL hereby agrees to budget for and to pay for travel and subsistence expenses of CHRISTINE DIETRICK for professional and official travel, meetings, and occasions adequate to continue the professional development of CHRISTINE DIETRICK and to adequately pursue necessary official functions for the CITY, including but not limited to the League of California Cities Annual Conference, League of California Cities City Attorneys Department Conference, the Straus Institute for Mediation at Pepperdine University, and such other national, regional, state, and local governmental organizations, groups and/or committees.

B. COUNCIL also agrees to budget for and to pay for travel and subsistence expenses of CHRISTINE DIETRICK for short courses, institutes, and seminars that are necessary for her professional development and for the good of the CITY.

C. Other professional development may be agreed upon from time to time between the COUNCIL and CHRISTINE DIETRICK.

Section 8. General Expenses.

COUNCIL recognizes that certain expenses of a non-personal and job- affiliated nature are incurred by the CITY ATTORNEY, and hereby agrees to authorize the Finance Director to reimburse or to pay said general and reasonable expenses, consistent with CITY policies, upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits.

Section 9. Indemnification.

In addition to that required under state and local law, CITY shall defend, save harmless, and indemnify CHRISTINE DIETRICK against any claims, demands, causes of actions, losses, damages, expenses (including but not limited to attorney's fees as may be authorized against public entities or officers consistent with state law) or liability of any kind whether stated in or arising from tort, professional liability or any other legal action or equitable theory, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of CHRISTINE DIETRICK'S duties as CITY ATTORNEY to the fullest extent permitted by law. CITY may compromise and settle any such claim or suit and shall pay the amount of any settlement or judgment rendered thereon.

Section 10. Other Terms and Conditions of Employment.

The COUNCIL, in consultation with CHRISTINE DIETRICK, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of CHRISTINE DIETRICK, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this CONTRACT, the CITY Charter or any other law.

Section 11. No Reduction of Pay and/or Benefits.

COUNCIL shall not at any time during the term of this CONTRACT, reduce the salary, compensation or other financial benefits of CHRISTINE DIETRICK, except to the degree of such a reduction across-the-board for all employees of the CITY or CHRISTINE DIETRICK provides written consent to the reduction.

Section 12. Termination and Severance Pay.

A. In the event CHRISTINE DIETRICK'S employment is terminated by the COUNCIL, or she resigns at the request of a majority of the COUNCIL during such time that she is otherwise willing and able to perform the duties of CITY ATTORNEY, the COUNCIL agrees to pay her a lump sum cash payment equal to nine (9) months compensation (salary and all appointed officials fringe benefits). Additionally, CITY shall extend to CHRISTINE DIETRICK the right to continue and purchase at her expense health insurance pursuant to the terms and condition of the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) or any successor legal requirement. CHRISTINE DIETRICK is the CITY ATTORNEY for the purposes of the benefits under the California Joint Powers Insurance Authority of which the CITY is a member. Any associated severance benefit as a result of termination shall be in accordance with the terms and conditions of the California Joint Powers Insurance Authority's Memorandum of Liability Coverage in effect at the time of termination.

B. In the event that CHRISTINE DIETRICK is terminated for "good cause" the COUNCIL shall have no obligation to pay the lump sum severance payment mentioned above. For the purpose of this CONTRACT, "good cause" shall mean any of the following:
1) Malfeasance, dishonesty for personal gain, willful violation of law, corrupt misconduct, or conviction of any felony.
2) Conviction of a misdemeanor arising directly out of CHRISTINE DIETRICK's duties pursuant to this Agreement.
3) Willful abandonment of duties outlined in this Agreement. "Good cause" shall not mean a mere loss of support or confidence by a majority of the COUNCIL.

C. Any termination of employment shall be done consistent with limitations established in the City Charter Section 709. Additionally, the CITY shall provide a minimum of 30 days prior written notice to CHRISTINE DIETRICK of the intent to terminate this Agreement.

Section 13. Resignation.

In the event CHRISTINE DIETRICK voluntarily resigns her position with the CITY, she shall give the COUNCIL at least two (2) months advance written notice.

Section 14. General Provisions.

A. The text herein shall constitute the entire CONTRACT between the parties.

B. This CONTRACT shall be binding upon and inure to the benefit of the heirs at law and executors of the parties.

C. It is the intent of the COUNCIL that this CONTRACT and the appointment of CHRISTINE DIETRICK as CITY ATTORNEY are in accordance with the requirements and provisions of the Charter. Wherever possible, the provisions of this CONTRACT shall be construed in a manner consistent with the Charter. If any provision of this CONTRACT conflicts with the Charter, the Charter shall control.

D. If any provision, or any portion thereof, contained in this CONTRACT is held unconstitutional, invalid or unenforceable, the remainder of this CONTRACT, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Contract on the day and year first set forth above.

_____________________________ _______________
J. CHRISTINE DIETRICK DATE
____________________________ ________________
MAYOR ERICA A. STEWART DATE
ATTEST:
____________________________ ________________

TERESA PURRINGTON DATE

CITY CLERK
APPROVED AS TO FORM:
____________________________

MARKIE KERSTEN

ASSISTANT CITY ATTORNEY

City of San Lu is Obispo, Council Memorandu m
City of San Luis Obispo
Council Agenda Correspondence
DATE: April 2, 2024
TO: Mayor and Council
FROM: Greg Hermann, Deputy City Manager
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6F - 2024 LEGISLATIVE ACTION PLATFORM
Since this item was published, staff received correspondence from the Ad Hoc committee members, Mayor Stewart, and Councilmember Shoresman requesting to add language on the City’s support of planning and funding to expand Cal Poly on-campus housing as identified in the Cal Poly Master Plan. Plank 4 in the “Community Development” section of the Draft 2024 Legislative Platform (Attachment B, Page 10) addresses the issue of Cal Poly housing; but recommended changes to expand the language are shown below.

Community Development Plank 4 (Existing language):

Support funding of on-campus housing at Cal Poly for students, staff and faculty, and University acquisition of residences for staff and faculty housing.

Updated Community Development Plank 4 (Proposed changes underlined):

Support planning and funding of on-campus housing at Cal Poly for students, staff and faculty as identified in the Cal Poly Master Plan and University acquisition of residences for staff and faculty housing.

These changes are reflected in the updated attachments.

ATTACHMENTS
Updated Exhibit A to the Draft Resolution - 2024 Legislation Action Platform (Clean Version)
Updated 2024 Legislative Action Platform (Legislative Version)

EXHIBIT A

2024

CITY OF SAN LUIS OBISPO

LEGISLATIVE ACTION PLATFORM
ADOPTED BY CITY COUNCIL RESOLUTION NO.XXXXX (2024 SERIES)

LEGISLATIVE ACTION PLATFORM

About this Legislative Platform
This Legislative Platform, adopted by the City of San Luis Obispo Council, will establish the City’s position on legislative matters of priority and importance to the City.

The Legislative Platform reflects those legislative matters on which the council majority authorizes the Mayor, City Manager and City Attorney to engage in legislative advocacy on behalf of the City without the need for further council review or authority. The council’s authorization extends only to advocacy for or against generally applicable legislative proposals (including those pertaining to budget, regulations, policies, and programs) being considered by local, regional, state and/or federal policy makers or regulators consistent with Major City Goals and adopted City policy platforms. It does not otherwise extend to advocacy for or against any individual project, program, or entitlement application pending before any decision-making body, unless specifically noted herein.

The Legislative Platform shall be reviewed regularly and updated on an annual basis. The Legislative Platform shall be published and disseminated widely to promote transparency and awareness among the public.

For emerging issues or situations not outlined in the Legislative Platform, City staff will work with the City Council for further direction.

LEGISLATIVE ACTION PLATFORM

Contents
Climate Action...............................................................................................................................................4 Energy ...........................................................................................................................................................5 Diversity, Equity, and Inclusion.....................................................................................................................6 Homelessness Resources..............................................................................................................................7 Community Development...........................................................................................................................10 Economic Development..............................................................................................................................11 Finance & Governance................................................................................................................................12 Human Resources/Employee Relations......................................................................................................13 Public Safety................................................................................................................................................14 Public Works ...............................................................................................................................................15 Parks and Recreation and Natural Resources.............................................................................................16 Transportation ............................................................................................................................................17 Utilities........................................................................................................................................................19 County/Regional Priorities........................................................................................................................22

LEGISLATIVE ACTION PLATFORM

Climate Action

1. Support funding for communities to pay for public infrastructure that meets state greenhouse gas emission reduction goals and adopted City objectives.

2. Support funding to implement programs and related action items contained in local and regional Climate Action Plans to quantitatively reduce greenhouse gas emissions and advocate for regulatory reform, including but not limited to clean technologies, micro-grids, all electric/zero-emission buildings, electrified transportation, behind the meter technology, and natural solutions (e.g., tree planting, open space conservation, and contemporary land management and restoration practices).

3. Support regulatory reform to facilitate the transition to clean technologies, microgrids, low and zero carbon energy generation, and decarbonized buildings.

4. Support legislation and regulation that is aligned with the City’s goals of carbon neutrality by 2035 and sub-goals related to municipal operations, clean electricity, building decarbonization, clean mobility, organic waste diversion, and natural solutions.

5. Oppose legislation and regulation that limits the City’s ability to achieve its goals of carbon neutrality by 2035 and sub-goals related to municipal operations, clean electricity, building decarbonization, clean mobility, organic waste diversion, and natural solutions.

6. Support legislation and regulation that is aligned with the policies and programs set forth by the Climate Adaptation and Safety Element including using future projections for climate hazards in planning decisions, investing in community resilience, and adapting built infrastructure and natural ecosystems to climate change hazards and disturbances.

7. Support funding and resources to focus climate investments on programs and projects that support environmental justice, economic and racial equity, and head of household jobs.

8. Support legislation, policies, and regulation that extend producer responsibility for packaging and single-use product manufacturing as to encourage source reduction and the manufacturing of reusable and sustainable products.

9. Support legislation, policies, and regulation that that make waste diversion and reduction more equitable for our residents and businesses.

10. Support legislation that makes recycling organic waste and edible food recovery and distribution more efficient and easily accessible to residents and businesses in need.

LEGISLATIVE ACTION PLATFORM

Energy

1. Support local communities’ broad authority to form and administer Community Choice Energy (CCE) programs, reforming the California Public Utilities Commission (CPUC), and limiting decisions that negatively impact CCEs or otherwise shift the financial impacts of investor-owned utilities to CCEs.

2. Support California Community Choice Associations’ (Cal CCA) Regulatory and Legislative Platform, where consistent with the City’s legislative platform.

3. Support reform of CPUC policies and state legislation to ensure investor-owned utilities are able and required to provide timely, accurate, and sufficiently detailed energy data.

4. Support reform of CPUC policies and state legislation that supports increased and equitable access to distributed energy resources, including rooftop solar.

5. Support reform of CPUC policies, state regulation, and state legislation that support cost effective zero emission buildings, including support for lower electric rates specific for all-electric buildings, increased value for net energy metering, and increased and equitable access to distributed energy resources, including rooftop solar and battery energy storage systems.

6. Support reform of CPUC policies, state regulation, and state legislation that support low income zero emission buildings, including support for mobile home parks, low-income households, and other disadvantaged community members.

7. Support reform of CPUC policies and state legislation eliminating or reducing departing load charges which discourage the use of alternative energy resources.

Support legislation in alignment with Central Coast Community Energy Policy Board and Operations Board Positions.
1 a. Support environmental justice and economic equity. b. Support 3CE investment in and support for distributed energy resources (e.g., rooftop solar), virtual power plants, demand response, behind the meter technology and energy efficiency. c. Support 3CE in evaluating and deploying programs that are climate action force multipliers 1 The City Council approved the City joining Central Coast Community Energy (3CE) in September 2018 and City representatives have been seated on 3CE’s Policy Board, Operations Board, and Community Advisory Council since 2019. This section of the City’s Legislative Platform identifies City of San Luis Obispo policy positions on key topics that may come before the various boards and advisory bodies of 3CE. The policy positions contained herein are intended to guide Board member deliberation, and voting and staff review of agenda, but are not an exhaustive list of issues that may arise. These positions are intended to extend only to advocacy for or against generally applicable policy proposals being considered by 3CE and does not extend to advocacy on any individual project or entitlement application pending before any decision-making body, nor does it extend to the larger legislative platform of the City.

LEGISLATIVE ACTION PLATFORM

(e.g., tariffed on-bill financing, virtual power plants, etc.). d. Support climate mitigation (e.g., emissions reductions), adaptation (e.g., distributed energy resources and grid stability), and resilience (e.g., disaster preparedness). e. Support the inclusion of all segments of the community in policy making and program design processes.
f. Support processes that are transparent, collaborative, visible, accessible, and inclusive. g. Support rate, rebate, and revenue structures that create a robust programs budget. h. Support a portfolio of programs that focuses on economic, social, and environmental equity. i. Support a portfolio of programs that focuses on strategic and intentional long-term economic development consistent with sub-regional economic development approaches. j. Support regional climate action and a portfolio of programs that are strategically implemented to achieve regional climate targets.
k. Support staffing required to effectively design, advertise, implement, and monitor effectiveness of the agency’s project portfolio.
l. Support local government access to data, transparent GHG emissions reporting, and subannual emissions factors as available. m. Support programs that provide funding, technical support, or legislation that promotes grid independence and resiliency.
n. Support processes and governance approaches that provide sufficient time for Board members to fully participate and drive decisions, from inception to implementation. o. Support projects that focus on strategic and intentional regional economic development consistent with regional economic development approaches, when feasible, and with entities that support fair wage practices and maximize benefit to local workforces, when feasible.

Diversity, Equity, and Inclusion

1. Support legislation that creates, expands, and/or provides broad authority to jurisdictions to develop and implement diversity, equity, and inclusion programs, policies, or initiatives to address systemic inequities that disproportionately impact Black, Indigenous, People of Color (BIPOC), LGBTQIA+, and other marginalized, underserved, and underrepresented communities.

2. Support legislation that disrupts anti-immigrant ideologies and centers reforms for advancing access for undocumented individuals’ health, well-eing, and success.

3. Support education and employment opportunities and development of upward economic mobility and access to programs such as childcare, after-school activities, school’s family support networks and supportive services for people aging out of the foster care system.

4. Support increased availability of grant funding for ADA accessibility improvements and connectivity to streets, parks, and other public infrastructure.

LEGISLATIVE ACTION PLATFORM

5. Support amendments to the California Elections Code to expand safe harbor provisions in response to district elections demands under the California Voting Rights Act to include remedies, in addition to district elections, to enhance quantifiable equity gains in participation and representation in local elections, including, but not limited to cumulative voting, limited voting, ranked choice voting and other voting structures that can be demonstrated to advance voter engagement and equity.

6. Support legislation that furthers jurisdictions to create policies that protect voting rights and work to disrupt voter suppression tactics that disproportionately impact Black, Indigenous, and other communities of color.

7. Support legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission.

8. Support legislation and funding to increase affordable and equitable childcare services and activities, and options for working low-income families.

9. Support legislation related to implementation of the Racial Equity Framework2 and resources and tools to promote racial equity and address structural racism.

10. Support legislation that creates programs or policies that identify and enhance opportunities for expanded programs that contribute to family friendly workplace environments that may include, but are not limited to leave for reproductive loss, paid parental leave, flextime, and job sharing.

11. Support legislation that advances access and expands funding for services, programs, and/or projects centered in addressing inequities that disproportionately impact Black, Indigenous, People of Color (BIPOC), LGBTQIA+, and other marginalized, underserved, and underrepresented communities.

Homelessness Resources

1. Support legislation and funding for the prevention of homelessness and support of families and individuals vulnerable to becoming homeless.

2. Support funding for project-based, permanent affordable housing.

3. Support funding for the entire housing spectrum (including affordable units, ADUs, Tiny Homes, Temporary Emergency Shelters and family housing, and supportive housing for all unhoused individuals and families including the mentally ill, medically fragile, and aging adults). 2 Executive Order N-16-22 establishes the State's authority to develop plans and strategies to advance equity and identify disparities. Within the Executive Order, there are specifics for the Governor's Office of Planning & Research to create the Racial Equity Commission (REC). One of the duties of the REC is to produce a Racial Equity Framework by 2024, which will contain strategies for state, county, and local governments to implement.

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4. Advocate for increased flexibility in the use of Federal Funds at the local level to address the full spectrum of services and transitional housing for individuals who are unhoused.

5. Support nonprofit eviction prevention services for low-income individuals and families.

6. Support programs and funding to encourage private market landlords to provide affordable units, participate in housing voucher programs, and upgrade units for energy efficiency.

7. Support additional funding that encourages unique multi-departmental and inter-governmental collaboration to assist individuals experiencing homelessness, such as the City’s Community Action Team (CAT) and Mobile Crisis Unit (MCU), as well as Crisis Intervention Training (CIT) for public safety personnel.

8. Support employment services and job training opportunities for individuals who are homeless or atrisk of becoming homeless.

9. Support funding for federal, state, county and local coordination with non-profit and faith-based organizations to prevent and address homelessness.

10. Support funding for the removal and storage of unhoused individual’s belongings and the cleaning of sites used by unhoused residents, in alignment with the City’s Compassionate Assistance, Mitigation & Prevention (CAMP) Standards and Temporary Storage Guidelines.

11. Support funding and programs that promote whole person care approaches that include access to expanded medical, mental, and behavioral health services, including substance use disorder treatment services, and new approaches to financing health care access and patient wellness to reduce avoidable emergency room visits, hospital stays and readmissions.

12. Support increased funding and statutory authorization for crisis intervention, involuntary assessment and commitment, guardianship control, and health welfare intervention and supervision of those suffering from chronic homelessness, mental illness and addiction, and recognition of mental illness and addiction as contributors to chronic homelessness.

13. Support streamlined protocols and metrics to be used by homeless service providers, local agencies, and other non-governmental partners to capture and share accurate statistics of individuals experiencing homelessness, including vacancy and capacity rates, in-flow and out-flow information, cost-reporting of services provided and rendered, and individuals successfully housed.

14. Oppose legislation that seeks to circumvent local control and consideration of local circumstances and safety of the general public when addressing homelessness.

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15. Support legislation, programs, funding, court intervention, and statutory authorization for a unified crisis response system to enhance the ability of the County Behavioral Health Director, crisis response personnel, family members and social service providers to share information necessary for effective treatment interventions and to compel assisted outpatient treatment for a person exiting a conservatorship and those lacking capacity to provide for their own healthcare, shelter and food needs.

16. Support legislation that would allow the courts and crisis intervention personnel to consider a person’s medical, addiction and mental health conditions, history of adverse impacts on community health and safety, and capacity of individuals to provide for their own health, shelter, and food needs in mandating program participation in connection with criminal justice and other contacts, including or expansion of the definition of “gravely disabled” under code section 5150 et seq. in evaluating whether an individual is a danger to themselves or others.

17. Support legislation for Mental Health Services Act (MHSA) to allow for flexibility in funds earmarked for “Innovation” programs that are aimed at finding new and different ways to provide services.

18. Support legislation, funding, programs, and policies to help expand capacity in local psychiatric health facilities, delivery of case management, drug, alcohol, and detoxification services and facilities, assisted living beds for medically fragile people, and mental health services for all County residents.

19. Advocate that the County lead in the area of expanding humane shelter and housing opportunities for the unhoused population and expand outreach and case management services specifically tailored to the needs of unhoused individuals in the County to transition out of homelessness.

20. Support the use of data from public safety, City, and regional Community Action Teams (CAT) and Mobile Crisis Units (MCU) outcomes, to advocate that the County allocate new resources to scale up these programs to match the need.

21. Support an effective and efficient implementation of San Luis Obispo County’s 5-Year Plan to Address Homelessness.

22. Support state and federal funding of mandates to provide care and services to vulnerable populations.

23. Support legislative efforts to repeal Article 34 of the California Constitution, which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project.

24. Support legislation, policies, and programs that expand tenant affordability and stability.

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Community Development

1. Support local control of land use planning and zoning matters.

2. Support State and Federal assistance to prevent the loss of housing for those impacted by local, state, or federal disasters.

3. Support reforms of the State mandated HCD Regional Housing Need Allocations process to recognize local resource limitations and align infrastructure and other funding to help communities meet mandated housing requirements.

4. Support planning and funding of on-campus housing at Cal Poly for students, staff and faculty, as identified in the Cal Poly Master Plan and University acquisition of residences for staff and faculty housing.

5. Support increased funding for affordable housing and supportive housing services for very low, low, and moderate income individuals and families in all cities and communities and opposing the erosion of local inclusionary housing and in-lieu fee programs.

6. Support continued funding of National Housing Trust Fund and streamlined and efficient implementation regulations at the state level.

7. Support additional state funding to implement AB 32 (The California Global Warming Solutions Act of 2006) and SB 375 (The Sustainable Communities and Climate Protection Act of 2008) through local general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed.

8. Advocate for funding for the identification, acquisition, maintenance and restoration of historic sites and structures.

9. Support continued and expanded funding for the Community Development Block Grant (CDBG) program.

10. Support policies, programs and funding to support opportunities to convert vacant commercial spaces to affordable housing and child care facilities.

11. Support state and federal level down-payment assistance programs and the expansion of belowmarket rate assistance programs.

12. Support continued local control over mobile home park rent stabilization and local control over the conversion of mobile home parks to other uses to ensure that low-incomemobile home park residents

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are not involuntarily removed from homes or otherwise subject to involuntary displacement due to economic impacts of parks subdivision or conversion.

13. Encourage the protection, enhancement, and increased production of mobile home park residency opportunities.

14. Advocate for the ability to issue parking citations on private property.

15. Support responsible review and revision of CEQA to ensure sound environmental determinations.

16. Promote pragmatic and clarifying actions to implement Proposition 64 Cannabis legalization, including increased funding for health education, the preservation of local land use decision making, reconciliation of conflicts in state and federal law, and systems for legal banking.

17. Support increased relocation assistance (AB 1482 2019) when a tenant is evicted due to no-fault of their own.

18. Support state and federal approaches to renter protections for rental housing and enforcement of existing renter protections in accordance with the California Civil Codes including but not limited to Cal. Civ. Code §§ 1940-1954.1

19. Support funding for seismic retrofitting for buildings that haven't been retrofitted.

20. Support and participate in the study period for AB 835 regarding building standards for single exit, single stairway apartment houses.

Economic Development

1. Support state and federal assistance for those people and businesses facing severe economic losses due to pandemic or other disasters.

2. Support regional economic activities except for those that promote weapons or fossil fuel production or distribution activities.

3. Support direct assistance and/or legislation that supports local agencies with recovering costs related to the pandemic or other disasters and stimulate economic development, resiliency, and recovery.

4. Support funding and legislation using tax credits or other incentive programs to encourage research

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and development by businesses in California.

5. Support funding and policies for the promotion of California and the City and County of San Luis Obispo as a place to locate businesses that provide head-of-household jobs.

6. Support economic development that is integrated with articulated Major City Goals such as climate action, environmental protection and social justice and diversity objectives.

7. Support funding for the state tourism promotion program.

8. Support the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies and supporting net neutrality.

9. Support telecommunications reform legislation and other measures that preserve local control over public rights-of-way, protect local resources, broadband and telecommunications for all residents and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television.

10. Support the expansion of public infrastructure financing tools and funding for infrastructure.

Finance & Governance

1. Support meaningful fiscal reform that allows each level of government to adequately finance its service responsibilities while continuing to support efforts to protect the City from loss of revenues due to State take-aways and unfunded State or Federal mandates.

2. Oppose initiatives that unduly burden and/or prohibit local government ability to support essential services to the community.

3. Support collection of the full amount of local transient occupancy tax from online sales of lodging.

4. Support the continuation of California Specialized Training Institute activities within San Luis Obispo County.

5. Oppose removal of the municipal bond tax exemption.

6. Support legislation to modernize the Ralph M. Brown Act to provide increased flexibility for remote participation in public meetings by elected and appointed officials and provide increased opportunities for public engagement.

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7. Support legislation that furthers SB 1439’s intent to restrict “Pay-to-play” campaign financing but provides clarifications and modifications that reduce the administrative burden associated with the implementation as currently written.

Human Resources/Employee Relations

1. Support additional workers’ compensation reforms that lower employers' costs while still protecting workers and oppose legislation that would restrict appropriate cost controls in the workers’ compensation system.

2. Support pension and retiree health benefits reform efforts, policy changes, and permissible administration decisions aimed at reducing unfunded liabilities, reducing costs, and ensuring the longterm viability of the defined benefit pension system in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors.

3. Oppose the expansion of property rights in public employment and procedural requirements that hinder or significantly increase the public costs of effective performance management, including legislation that curtails management rights or obstructs the timely, efficient, and cost-effective implementation of performance management or disciplinary measures.

4. Support legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan and maintain comprehensive health care coverage for eligible employees, in a financially sustainable manner.

5. Support reforms that limit the financial impacts of joint and several liability on public entities.

6. Support the clarification, modification or repeal of AB 646 fact finding requirements and oppose measures that reduces local control over public employee disputes.

7. Oppose measures that curtail management rights or impose local government mandated employee benefits that should be directly negotiated between labor groups and employers.

8. Support Federal legislation to modify, refine, or eliminate Federal Labor Standards Act (FLSA) requirements on public agencies.

9. Support reforms that limit the joint and several liability to agencies who have entered into Joint Powers Agreements (JPAs).

10. Support meaningful statewide and national efforts to make quality health care more affordable and accessible to residents and reduce costs for cities and employers.

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Public Safety

1. Support new and continued State and Federal funding for school safety, disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS (Citizen’s Options for Public Safety) program, CIT (Crisis Intervention Training) and other public safety activities.

2. Support preservation of the City's authority to investigate police misconduct.

3. Support local control on issuance of concealed weapons permits.

4. Support legislation to help curb drug and alcohol-related criminal behavior and underage consumption.

5. Support legislation to limit or end the sale of all nonflavored and flavored electronic smoking device products, including mint and menthol and to increase enforcement and education related to their use.

6. Oppose new or increased state fees for state-provided law enforcement services.

7. Support the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs.

8. Support efforts to enhance radio and data system(s) stability and interoperability among public safety agencies and jurisdictions.

9. Preserve the City's right to regulate activities with adverse health and safety impacts on local streets, sidewalks, public spaces, and rights-of-way.

10. Support legislation to improve and enhance the safety of cargo transported via rail, including but not limited to: safety enhancements for rail vessel construction with an emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit the use of older, “grandfathered” containers and vessels; enhancements in remote monitoring and control of railcar speeds; reduction of railcar speeds in populated areas like San Luis Obispo; enhancements in communications, notifications and information dissemination to local governments, especially public safety agencies.

11. Support and expand funding and programs to local jurisdictions to proactively reduce fire risk attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate change to remove diseased, dead and/or down combustible vegetation, thin forests to improve forest health, and create effective defensible space between the undeveloped and developed environments.

12. Support grants and aid to land/property owners with properties one mile or less from natural

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vegetation, which are threatened by wind-driven fire events, to harden structures again fire impingement and create sustainable defensible spaces.

13. Support grants and aid to local governments to develop modern evacuation communications systems to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means.

14. Support legislation to preserve and enhance local control, at the city level, for the provision of public safety services, including the scope and provision of medical and non-medical emergency services and legislation that would result in the implementation of a statewide modern earthquake notification and evacuation communications system to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means, which is available for use by local governments at the discretion of local governments.

15. Support uniformity of state and federal regulations of drones and the study and adoption of appropriate local airport protections and public safety exemptions.

16. Support legislation regarding the safe transport and storage of nuclear waste.

17. Support legislation to address the education, funding, and treatment of opioid addiction.

18. Support legislation that expands funding to manage vegetation and fuel sources in the wildland urban interface.

19. Support legislation to provide funding to help communities prepare for response, recovery and be resilient after natural disasters.

20. Support funding to remove unwanted firearms from homes and businesses.

21. Support responsive intervention programs that promote accountability and divert people away from both crime and prison.

22. Support funding and training for emergency response to electrified vehicles and infrastructure.

23. Support legislation and policies that protect and support individuals who are targeted by hate crimes and hate biased incidents.

Public Works

1. Support increased availability of grant funding to replace aging infrastructure of all types, e.g., streets, bridges, water, sewer, parks, and storm sewer systems, etc.

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2. Support increased funding for flood protection, clean stormwater, and low impact infrastructure projects.

3. Support cooperation and prompt approval from Federal and State regulatory agencies (such as the Department of Fish & Wildlife, Regional Water Quality Control Board, and the Army Corps of Engineers) for necessary projects involving the City's creek system.

4. Support monetary incentives or grant funding for electric vehicles for replacement of municipal fleet equipment.

5. Support funding and policies that support and enhance active transportation modes such as bicycles, pedestrian, and transit.

6. Support continued protection of SB-1 and other funding for transportation infrastructure maintenance.

7. Support policies and legislation that maintains local control of parking rules, regulations, rates, and citation fees.

8. Support policies and legislation that allow for increased enforcement ability for off-street parking, including but not limited to use of automated parking control devices on public agency owned or operated off-street parking facilities for the purpose of issuing parking violations.

9. Support permanently allowing local governments to use design-build processes and expand the types of projects that cities can use design build and progressive design-build.

Parks and Recreation and Natural Resources

1. Support State and Federal funding and other measures to promote the acquisition, protection, preservation and restoration of natural resources, open space, coastal resources, signature landforms, wetlands, and park development, including continued funding for the Land and Water Conservation Grant Program and for the California Conservation Corps.

2. Support the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development.

3. Oppose any development under existing or new offshore oil and gas leases off the Coast of San Luis Obispo County.

4. Oppose any development under existing or new oil and gas leases in San Luis Obispo County.

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5. Support and seek State and Federal funding and other measures to conduct research and implement land management measures for the purpose of carbon sequestration.

6. Support measures to prohibit discharge of pollutants into the creeks and ocean (e.g., selenium contaminated waters from the San Joaquin valley).

7. Support State and Federal funding and other measures to take advantage of opportunities for land and easement acquisition and enhancement project contracting.

8. Support legislative exemption from property taxes on lands dedicated to open space purposes, which may be outside the boundaries of the jurisdiction owning such lands.

9. Support funding to reduce or mitigate negative impacts to vital regional and community services and enhance public access to parks, open space, after school programming, senior services, facilities that promote physical activity, protect natural resources, and strengthen safety and security.

10. Promote policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions including: strengthening policies that fund parks, open-space, bike lanes and non-motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non-motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375 (2008).

11. Support access and connectivity to joint use of schools; parks and open space; development of streets and trails that encourage physical activity and healthy living.

12. Support extension or permanent legislation at the federal level of enhanced tax deductions for charitable donations of Conservation Easements.

13. Support legislation to limit the opening of protected public lands, e.g., Carrizo Plain, to fossil fuel extraction.

Transportation

1. Support changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public, as well as revenue replacement for electric vehicles to support transportation infrastructure.

2. Support the continuation of, and increased funding sources for street maintenance projects, transportation improvements, transit operations and multimodal facility projects.

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3. Support funding sources for fleet and transit electrification.

4. Support transportation funding for San Luis Obispo County, in particular funding that provides for alternative modes of transportation with clean air benefits or reductions in Vehicle Miles Traveled (VMT) and greenhouse gases.

5. Support transportation funding and policy that promote regional bike and pedestrian connections between cities and other population centers.

6. Support actions to: (1) promote cooperation and mutual support between metropolitan planning organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO agencies/regional "control" of local transit providers.

7. Support cooperation of private transportation companies (such as Union Pacific Railroad) to reach agreements for sharing of properly secured right of way corridors for other compatible uses such as bicycle and pedestrian facilities.

8. Oppose the proposed diversion of any funding source for transportation that reduces amounts designated for transit operations.

9. Support funding for projects to implement adopted complete street plans demonstrated to improve public health and reduce greenhouse gas emissions.

10. Support provision of Cap-and-Trade funding for transportation projects.

11. Support increased funding for existing Active Transportation Program (ATP) and other sources of bicycle and pedestrian transportation funding.

12. Support funding for existing and future transportation needs.

13. Support funding strategies to reduce the personal cost of transportation, especially cargo and electricassist bicycles and their supporting infrastructure.

14. Oppose proposed changes to statistical methodologies such as Metropolitan Statistical Areas that have the potential to reduce funding for transportation improvements.

15. Support improvements of state and federal standards guiding application of street design and traffic control devices to allow more flexibility for local agencies to prioritize safety, particularly for vulnerable road users, and including locations that interface with the state highway system, consistent with calls to action from groups like the National Transportation Safety Board, NACTO and others.

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16. Support opportunities for improved coordination between state and local governments to advance common goals and priorities, such as opportunities for partnership projects between the City and Caltrans to advance safety and multimodal improvements to state highway facilities within and in the vicinity of the City.

17. In alignment with the National Association of City Transportation Officials (NACTO), support legislation for a Bike Safety Stop that would authorize a person bicycling to treat a stop sign like a yield sign, giving right-of-way to other traffic at an intersection before proceeding safely through, but without the requirement to come to a full stop.

18. Support consideration of increased funding and options for safe bike and pedestrian crossing of railroad tracks, including bridges, underpasses and controlled at-grade crossings.

19. Support legislation to improve safety features for new motor vehicles, including requirements for side guards on certain trucks and trailers and/or addition of devices that would limit the ability of drivers to unreasonably exceed posted speed limits.

20. Oppose legislation that would modify current restrictions to allow longer or heavier tractor-trailers to use public roadways, which would increase roadway wear and tear and degrade safety for other road users.

Utilities

1. Support clean water and drinking water funding programs.

2. Support recycling, waste diversion, and zero waste programs and enhancing local government's ability to comply with solid waste reduction requirements (includes building of recycling infrastructure and organics / biosolids composting facilities).

3. Support measures that require the State Water Resources Control Board and Regional Water Quality Control Boards establish a process to evaluate, in advance of adoption, the costs of compliance for pending and future regulatory actions on National Pollutant Discharge Elimination System (NPDES) permittees.

4. Support legislation that requires the State's environmental agencies to conduct peer review of proposed regulations to ensure that the proposal is based on sound science.

5. Support the elimination of mandatory minimum penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e.,

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California Water Code Section 13385[h]).

6. Support measures to ensure reasonableness in the administration of NPDES permit governing City operations, including pursuing a municipal representative on the Regional Water Quality Control Board.

7. Support the safe, responsible, and cost-effective reuse of Exceptional Quality or better biosolids.

8. Support sustainable and resilient energy programs.

9. Support legislation allowing cities/agencies to establish fees for the costs of operating mandated water quality programs such as, but not limited to, municipal storm water and total maximum daily loading.

10. Support federal legislative action and funding to transfer Salinas Reservoir from Army Corps of Engineers Military Project to Army Corps of Engineers Civil Works Project.

11. Support federal and state funding that would allow for transfer of Salinas Reservoir from the Army Corps of Engineers to the County or City of San Luis Obispo.

12. Support water conservation and water use efficiency best management practices.

13. Support amendments to the Urban Water Management Planning Act to recognize past investment in water conservation and the City's ability to comply with SBx7-7 (2009) and other water conservation regulations.

14. Oppose legislation that requires recycled water to be included in water conservation regulations.

15. Oppose mandatory consolidation of water systems.

16. Support the expansion of recycled water production and use, including potable reuse.

17. Support the use of PublicGoods Fundsfor the development and installation of energy saving or green energy generating projects to benefit local government.

18. Oppose legislation that diminishes the City’s existing or potential water rights.

19. Support the protection of water resources.

20. Support the protection of our natural resourcesfrom invasive species.

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21. Support regional water resiliency initiatives.

22. Support streamlined water rights amendment processes for minor water rights permit changes.

23. Support federal and statewide funding of water infrastructure projects.

24. Oppose legislation that inhibits the City's ability to collect water and sewer bills either through terminating service for non-payment or other reasonable means absent public health or safety emergencies.

25. Oppose legislation that restricts water and sewer rates for certain customers to below the cost to provide service based on legitimate public interests such as affordable housing, senior housing, nonprofit public beneficial uses, and/or educational uses.

26. Support amendments to stormwater regulatory requirements to reduce mandatory minimum fines and penalties and the recovery of private attorneys’ fees for technical non-compliance issues that do not result in adverse public health impacts or environmental harm.

27. Support stormwater requirements that are related to specific issues and include reasonable implementation timeframes and funding.

28. Support autonomy for management of individual Sustainable Groundwater Management Act designated basins within the county.

29. Support funding for implementation of Groundwater Sustainability Plans including the San Luis Obispo/Edna Valley Basin.

30. Support federal and state policies that require per- or polyfluoroalkyl substances (PFAS) source control and labelling by product manufacturers, producers, packagers, importers, suppliers, or distributors.

31. Support federal and state funding to assist with identification and clean up of per- or polyfluoroalkyl substances (PFAS) contamination in public source water supplies.

32. Support federal or state legislation to protect and limit the liability of passive receivers such as public water and wastewater agencies facing the threat of either USEPA enforcement actions or third-party litigation from the decision to list PFAS as a hazardous substance.

33. Oppose state or local per- or polyfluoroalkyl substances (PFAS) regulations that are more restrictive than federal regulations.

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County/Regional Priorities

1. Support County land use policies and practices that are consistent with the Memorandum of Agreement adopted by the City Council and County Board of Supervisors in 2016 regarding development near the edges of the City and opposing inconsistent policies and practices.

2. Encourage participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction.

3. Support County development of a local ordinance providing additional local oversight and regulation of the land application of Pollutant Concentration (PC) or better biosolids.

4. Support the San Luis Obispo County Zone 9 Flood Control and Water Conservation District efforts to solve City/County flood problems.

5. Support the San Luis Obispo County Air Pollution Control District's legislative program, where consistent with the City's adopted policies and platform.

6. Support the San Luis Obispo Council of Governments' legislative advocacy activities, where consistent with the City's adopted policies, platform, and public policy and project objectives.

7. Support efforts to enhance dangerous animal regulation and enforcement.

8. Support the streamlining, clarification, and simplification of conflict-of-interest regulations applicable to local officials.

9. Support efforts of other regional entities to join Central Coast Community Energy.

10. Support the Central Coast Regional Energy Network at the County Board of Supervisors, the CPUC, and related relevant entities and supporting pilot projects in the City as feasible.

11. Support regional and regulatory collaboration to fund and support climate change impact projections and coordinate approaches for increasing regional resilience.

12. Support requirements that development outside City jurisdiction have adequate water supplies to support development activities and intensities and does not indirectly impose water service obligations to adjacent municipal water agencies.

13. Support assistance for those experiencing physical and mental health impacts of a pandemic or other disaster.

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14. Support the Integrated Waste Management Authority’s (IWMA) legislative platform, where consistent with the City’s adopted policies, platforms, and public policy and project objectives.

15. Support regional efforts to create a spectrum of housing types (including board and care and housing types that include other supportive services) within the County to house the unhoused.

16. Encourage the County of San Luis Obispo to build complete streets when building new roads, and to upgrade existing roadways to be complete streets.

EXHIBIT A
UPDATED C - 2024
Legislative Action
Platform (Legislative
Version).docx
2024

CITY OF SAN LUIS OBISPO

LEGISLATIVE ACTION PLATFORM
ADOPTED BY CITY COUNCIL RESOLUTION NO.XXXXX (2024 SERIES)

LEGISLATIVE ACTION PLATFORM

About this Legislative Platform
This Legislative Platform, adopted by the City of San Luis Obispo Council, will establish the City’s position on legislative matters of priority and importance to the City.

The Legislative Platform reflects those legislative matters on which the council majority authorizes the Mayor, City Manager and City Attorney to engage in legislative advocacy on behalf of the City without the need for further council review or authority. The council’s authorization extends only to advocacy for or against generally applicable legislative proposals (including those pertaining to budget, regulations, policies, and programs) being considered by local, regional, state and/or federal policy makers or regulators consistent with Major City Goals and adopted City policy platforms. It does not otherwise extend to advocacy for or against any individual project, program, or entitlement application pending before any decision-making body, unless specifically noted herein.

The Legislative Platform shall be reviewed regularly and updated on an annual basis. The Legislative Platform shall be published and disseminated widely to promote transparency and awareness among the public.

For emerging issues or situations not outlined in the Legislative Platform, City staff will work with the City Council for further direction.

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Contents
Climate Action............................................................................................................................................... 4 Energy ........................................................................................................................................................... 5 Diversity, Equity, and Inclusion..................................................................................................................... 6 Homelessness Resources ............................................................................................................................. 7 Community Development........................................................................................................................... 10 Economic Development.............................................................................................................................. 11 Finance & Governance................................................................................................................................ 12 Human Resources/Employee Relations...................................................................................................... 13 Public Safety................................................................................................................................................ 14 Public Works ............................................................................................................................................... 15 Parks and Recreation and Natural Resources............................................................................................. 16 Transportation ............................................................................................................................................ 17 Utilities........................................................................................................................................................ 19 County/Regional Priorities........................................................................................................................ 22

LEGISLATIVE ACTION PLATFORM

Climate Action

1. Support funding for communities to pay for public infrastructure that meets state greenhouse gas emission reduction goals and adopted City objectives.

2. Support funding to implement programs and related action items contained in local and regional Climate Action Plans to quantitatively reduce greenhouse gas emissions and advocate for regulatory reform, including but not limited to clean technologies, micro-grids, all electric/zero-emission buildings, electrified transportation, behind the meter technology, and natural solutions (e.g., tree planting, open space conservation, and contemporary land management and restoration practices).

3. Support regulatory reform to facilitate the transition to clean technologies, microgrids, low and zero carbon energy generation, and decarbonized buildings.

4. Support legislation and regulation that is aligned with the City’s goals of carbon neutrality by 2035 and sub-goals related to municipal operations, clean electricity, building decarbonization, clean mobility, organic waste diversion, and natural solutions.

5. Oppose legislation and regulation that limits the City’s ability to achieve its goals of carbon neutrality by 2035 and sub-goals related to municipal operations, clean electricity, building decarbonization, clean mobility, organic waste diversion, and natural solutions.

6. Support legislation and regulation that is aligned with the policies and programs set forth by the Climate Adaptation and Safety Element including using future projections for climate hazards in planning decisions, investing in community resilience, and adapting built infrastructure and natural ecosystems to climate change hazards and disturbances.

7. Support funding and resources to focus climate investments on programs and projects that support environmental justice, economic and racial equity, and head of household jobs.

8. Support legislation, policies, and regulation that extend producer responsibility for packaging and single-use product manufacturing as to encourage source reduction and the manufacturing of reusable and sustainable products.

9. Support legislation, policies, and regulation that that make waste diversion and reduction more equitable for our residents and businesses.

10. Support legislation that makes recycling organic waste and edible food recovery and distribution more efficient and easily accessible to residents and businesses in need.

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Energy

1. Support local communities’ broad authority to form and administer Community Choice Energy (CCE) programs, reforming the California Public Utilities Commission (CPUC), and limiting decisions that negatively impact CCEs or otherwise shift the financial impacts of investor-owned utilities to CCEs.

2. Support California Community Choice Associations’ (Cal CCA) Regulatory and Legislative Platform, where consistent with the City’s legislative platform.

3. Support reform of CPUC policies and state legislation to ensure investor-owned utilities are able and required to provide timely, accurate, and sufficiently detailed energy data.

4. Support reform of CPUC policies and state legislation that supports increased and equitable access to distributed energy resources, including rooftop solar.

5. Support reform of CPUC policies, state regulation, and state legislation that support cost effective zero emission buildings, including support for lower electric rates specific for all-electric buildings, increased value for net energy metering, and increased and equitable access to distributed energy resources, including rooftop solar and battery energy storage systems.

6. Support reform of CPUC policies, state regulation, and state legislation that support low income zero emission buildings, including support for mobile home parks, low-income households, and other disadvantaged community members.

7. Support reform of CPUC policies and state legislation eliminating or reducing departing load charges which discourage the use of alternative energy resources.

Support legislation in alignment with Central Coast Community Energy Policy Board and Operations Board Positions.
1 a. Support environmental justice and economic equity. b. Support 3CE investment in and support for distributed energy resources (e.g., rooftop solar), virtual power plants, demand response, behind the meter technology and energy efficiency. c. Support 3CE in evaluating and deploying programs that are climate action force multipliers 1 The City Council approved the City joining Central Coast Community Energy (3CE) in September 2018 and City representatives have been seated on 3CE’s Policy Board, Operations Board, and Community Advisory Council since 2019. This section of the City’s Legislative Platform identifies City of San Luis Obispo policy positions on key topics that may come before the various boards and advisory bodies of 3CE. The policy positions contained herein are intended to guide Board member deliberation, and voting and staff review of agenda, but are not an exhaustive list of issues that may arise. These positions are intended to extend only to advocacy for or against generally applicable policy proposals being considered by 3CE and does not extend to advocacy on any individual project or entitlement application pending before any decision-making body, nor does it extend to the larger legislative platform of the City.

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(e.g., tariffed on-bill financing, virtual power plants, etc.). d. Support climate mitigation (e.g., emissions reductions), adaptation (e.g., distributed energy resources and grid stability), and resilience (e.g., disaster preparedness). e. Support the inclusion of all segments of the community in policy making and program design processes.
f. Support processes that are transparent, collaborative, visible, accessible, and inclusive. g. Support rate, rebate, and revenue structures that create a robust programs budget. h. Support a portfolio of programs that focuses on economic, social, and environmental equity. i. Support a portfolio of programs that focuses on strategic and intentional long-term economic development consistent with sub-regional economic development approaches. j. Support regional climate action and a portfolio of programs that are strategically implemented to achieve regional climate targets.
k. Support staffing required to effectively design, advertise, implement, and monitor effectiveness of the agency’s project portfolio.
l. Support local government access to data, transparent GHG emissions reporting, and subannual emissions factors as available. m. Support programs that provide funding, technical support, or legislation that promotes grid independence and resiliency.
n. Support processes and governance approaches that provide sufficient time for Board members to fully participate and drive decisions, from inception to implementation. o. Support projects that focus on strategic and intentional regional economic development consistent with regional economic development approaches, when feasible, and with entities that support fair wage practices and maximize benefit to local workforces, when feasible.

Diversity, Equity, and Inclusion

1. Support legislation that creates, expands, and/or provides broad authority to jurisdictions to develop and implement diversity, equity, and inclusion programs, policies, or initiatives to address systemic inequities that disproportionately impact Black, Indigenous, People of Color (BIPOC), LGBTQIA+, and other marginalized, underserved, and underrepresented communities.

2. Support legislation that disrupts anti-immigrant ideologies and centers reforms for advancing access for undocumented individuals’ health, well-eing, and success.

3. Support education and employment opportunities and development of upward economic mobility and access to programs such as childcare, after-school activities, school’s family support networks and supportive services for people aging out of the foster care system.

4. Support increased availability of grant funding for ADA accessibility improvements and connectivity to streets, parks, and other public infrastructure.

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5. Support amendments to the California Elections Code to expand safe harbor provisions in response to district elections demands under the California Voting Rights Act to include remedies, in addition to district elections, to enhance quantifiable equity gains in participation and representation in local elections, including, but not limited to cumulative voting, limited voting, ranked choice voting and other voting structures that can be demonstrated to advance voter engagement and equity.

6. Support legislation that furthers jurisdictions to create policies that protect voting rights and work to disrupt voter suppression tactics that disproportionately impact Black, Indigenous, and other communities of color.

7. Support legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission.

8. Support legislation and funding to increase affordable and equitable childcare services and activities, and options for working low-income families.

9. Support legislation related to implementation of the Racial Equity Framework2 and resources and tools to promote racial equity and address structural racism.

10. Support legislation that creates programs or policies that identify and enhance opportunities for expanded programs that contribute to family friendly workplace environments that may include, but are not limited to leave for reproductive loss, paid parental leave, flextime, and job sharing.

11. Support legislation that advances access and expands funding for services, programs, and/or projects centered in addressing inequities that disproportionately impact Black, Indigenous, People of Color (BIPOC), LGBTQIA+, and other marginalized, underserved, and underrepresented communities.

Homelessness Resources

1. Support legislation and funding for the prevention of homelessness and support of families and individuals vulnerable to becoming homeless.

2. Support funding for project-based, permanent affordable housing.

3. Support funding for the entire housing spectrum (including affordable units, ADUs, Tiny Homes, Temporary Emergency Shelters and family housing, and supportive housing for all unhoused individuals and families including the mentally ill, medically fragile, and aging adults). 2 Executive Order N-16-22 establishes the State's authority to develop plans and strategies to advance equity and identify disparities. Within the Executive Order, there are specifics for the Governor's Office of Planning & Research to create the Racial Equity Commission (REC). One of the duties of the REC is to produce a Racial Equity Framework by 2024, which will contain strategies for state, county, and local governments to implement.

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4. Advocate for increased flexibility in the use of Federal Funds at the local level to address the full spectrum of services and transitional housing for individuals who are unhoused.

5. Support nonprofit eviction prevention services for low-income individuals and families.

6. Support programs and funding to encourage private market landlords to provide affordable units, participate in housing voucher programs, and upgrade units for energy efficiency.

7. Support additional funding that encourages unique multi-departmental and inter-governmental collaboration to assist individuals experiencing homelessness, such as the City’s Community Action Team (CAT) and Mobile Crisis Unit (MCU), as well as Crisis Intervention Training (CIT) for public safety personnel.

8. Support employment services and job training opportunities for individuals who are homeless or atrisk of becoming homeless.

9. Support funding for federal, state, county and local coordination with non-profit and faith-based organizations to prevent and address homelessness.

10. Support funding for the removal and storage of unhoused individual’s belongings and the cleaning of sites used by unhoused residents, in alignment with the City’s Compassionate Assistance, Mitigation & Prevention (CAMP) Standards and Temporary Storage Guidelines.

11. Support funding and programs that promote whole person care approaches that include access to expanded medical, mental, and behavioral health services, including substance use disorder treatment services, and new approaches to financing health care access and patient wellness to reduce avoidable emergency room visits, hospital stays and readmissions.

12. Support increased funding and statutory authorization for crisis intervention, involuntary assessment and commitment, guardianship control, and health welfare intervention and supervision of those suffering from chronic homelessness, mental illness and addiction, and recognition of mental illness and addiction as contributors to chronic homelessness.

13. Support streamlined protocols and metrics to be used by homeless service providers, local agencies, and other non-governmental partners to capture and share accurate statistics of individuals experiencing homelessness, including vacancy and capacity rates, in-flow and out-flow information, cost-reporting of services provided and rendered, and individuals successfully housed.

14. Oppose legislation that seeks to circumvent local control and consideration of local circumstances and safety of the general public when addressing homelessness.

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15. Support legislation, programs, funding, court intervention, and statutory authorization for a unified crisis response system to enhance the ability of the County Behavioral Health Director, crisis response personnel, family members and social service providers to share information necessary for effective treatment interventions and to compel assisted outpatient treatment for a person exiting a conservatorship and those lacking capacity to provide for their own healthcare, shelter and food needs.

16. Support legislation that would allow the courts and crisis intervention personnel to consider a person’s medical, addiction and mental health conditions, history of adverse impacts on community health and safety, and capacity of individuals to provide for their own health, shelter, and food needs in mandating program participation in connection with criminal justice and other contacts, including or expansion of the definition of “gravely disabled” under code section 5150 et seq. in evaluating whether an individual is a danger to themselves or others.

17. Support legislation for Mental Health Services Act (MHSA) to allow for flexibility in funds earmarked for “Innovation” programs that are aimed at finding new and different ways to provide services.

18. Support legislation, funding, programs, and policies to help expand capacity in local psychiatric health facilities, delivery of case management, drug, alcohol, and detoxification services and facilities, assisted living beds for medically fragile people, and mental health services for all County residents.

19. Advocate that the County lead in the area of expanding humane shelter and housing opportunities for the unhoused population and expand outreach and case management services specifically tailored to the needs of unhoused individuals in the County to transition out of homelessness.

20. Support the use of data from public safety, City, and regional Community Action Teams (CAT) and Mobile Crisis Units (MCU) outcomes, to advocate that the County allocate new resources to scale up these programs to match the need.

21. Support an effective and efficient implementation of San Luis Obispo County’s 5-Year Plan to Address Homelessness.

22. Support state and federal funding of mandates to provide care and services to vulnerable populations.

23. Support legislative efforts to repeal Article 34 of the California Constitution, which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project.

24. Support legislation, policies, and programs that expand tenant affordability and stability.

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Community Development

1. Support local control of land use planning and zoning matters.

2. Support State and Federal assistance to prevent the loss of housing for those impacted by local, state, or federal disasters.

3. Support reforms of the State mandated HCD Regional Housing Need Allocations process to recognize local resource limitations and align infrastructure and other funding to help communities meet mandated housing requirements.

4. Support planning and funding of on-campus housing at Cal Poly for students, staff and faculty, as identified in the Cal Poly Master Plan and University acquisition of residences for staff and faculty housing.

5. Support increased funding for affordable housing and supportive housing services for very low, low, and moderate income individuals and families in all cities and communities and opposing the erosion of local inclusionary housing and in-lieu fee programs.

6. Support continued funding of National Housing Trust Fund and streamlined and efficient implementation regulations at the state level.

7. Support additional state funding to implement AB 32 (The California Global Warming Solutions Act of 2006) and SB 375 (The Sustainable Communities and Climate Protection Act of 2008) through local general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed.

8. Advocate for funding for the identification, acquisition, maintenance and restoration of historic sites and structures.

9. Support continued and expanded funding for the Community Development Block Grant (CDBG) program.

10. Support policies, programs and funding to support opportunities to convert vacant commercial spaces to affordable housing and child care facilities.

11. Support state and federal level down-payment assistance programs and the expansion of belowmarket rate assistance programs.

12. Support continued local control over mobile home park rent stabilization and local control over the conversion of mobile home parks to other uses to ensure that low-income mobile home park residents

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are not involuntarily removed from homes or otherwise subject to involuntary displacement due to economic impacts of parks subdivision or conversion.

13. Encourage the protection, enhancement, and increased production of mobile home park residency opportunities.

14. Advocate for the ability to issue parking citations on private property.

15. Support responsible review and revision of CEQA to ensure sound environmental determinations.

16. Promote pragmatic and clarifying actions to implement Proposition 64 Cannabis legalization, including increased funding for health education, the preservation of local land use decision making, reconciliation of conflicts in state and federal law, and systems for legal banking.

17. Support increased relocation assistance (AB 1482 2019) when a tenant is evicted due to no-fault of their own.

18. Support state and federal approaches to renter protections for rental housing and enforcement of existing renter protections in accordance with the California Civil Codes including but not limited to Cal. Civ. Code §§ 1940-1954.1

19. Support funding for seismic retrofitting for buildings that haven't been retrofitted.

20. Support and participate in the study period for AB 835 regarding building standards for single exit, single stairway apartment houses.

Economic Development

1. Support state and federal assistance for those people and businesses facing severe economic losses due to pandemic or other disasters.

2. Support regional economic activities except for those that promote weapons or fossil fuel production or distribution activities.

3. Support direct assistance and/or legislation that supports local agencies with recovering costs related to the pandemic or other disasters and stimulate economic development, resiliency, and recovery.

4. Support funding and legislation using tax credits or other incentive programs to encourage research

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and development by businesses in California.

5. Support funding and policies for the promotion of California and the City and County of San Luis Obispo as a place to locate businesses that provide head-of-household jobs.

6. Support economic development that is integrated with articulated Major City Goals such as climate action, environmental protection and social justice and diversity objectives.

7. Support funding for the state tourism promotion program.

8. Support the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies and supporting net neutrality.

9. Support telecommunications reform legislation and other measures that preserve local control over public rights-of-way, protect local resources, broadband and telecommunications for all residents and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television.

10. Support the expansion of public infrastructure financing tools and funding for infrastructure.

Finance & Governance

1. Support meaningful fiscal reform that allows each level of government to adequately finance its service responsibilities while continuing to support efforts to protect the City from loss of revenues due to State take-aways and unfunded State or Federal mandates.

2. Oppose initiatives that unduly burden and/or prohibit local government ability to support essential services to the community.

3. Support collection of the full amount of local transient occupancy tax from online sales of lodging.

4. Support the continuation of California Specialized Training Institute activities within San Luis Obispo County.

5. Oppose removal of the municipal bond tax exemption.

6. Support legislation to modernize the Ralph M. Brown Act to provide increased flexibility for remote participation in public meetings by elected and appointed officials and provide increased opportunities for public engagement.

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7. Support legislation that furthers SB 1439’s intent to restrict “Pay-to-play” campaign financing but provides clarifications and modifications that reduce the administrative burden associated with the implementation as currently written.

Human Resources/Employee Relations

1. Support additional workers’ compensation reforms that lower employers' costs while still protecting workers and oppose legislation that would restrict appropriate cost controls in the workers’ compensation system.

2. Support pension and retiree health benefits reform efforts, policy changes, and permissible administration decisions aimed at reducing unfunded liabilities, reducing costs, and ensuring the longterm viability of the defined benefit pension system in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors.

3. Oppose the expansion of property rights in public employment and procedural requirements that hinder or significantly increase the public costs of effective performance management, including legislation that curtails management rights or obstructs the timely, efficient, and cost-effective implementation of performance management or disciplinary measures.

4. Support legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan and maintain comprehensive health care coverage for eligible employees, in a financially sustainable manner.

5. Support reforms that limit the financial impacts of joint and several liability on public entities.

6. Support the clarification, modification or repeal of AB 646 fact finding requirements and oppose measures that reduces local control over public employee disputes.

7. Oppose measures that curtail management rights or impose local government mandated employee benefits that should be directly negotiated between labor groups and employers.

8. Support Federal legislation to modify, refine, or eliminate Federal Labor Standards Act (FLSA) requirements on public agencies.

9. Support reforms that limit the joint and several liability to agencies who have entered into Joint Powers Agreements (JPAs).

10. Support meaningful statewide and national efforts to make quality health care more affordable and accessible to residents and reduce costs for cities and employers.

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Public Safety

1. Support new and continued State and Federal funding for school safety, disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS (Citizen’s Options for Public Safety) program, CIT (Crisis Intervention Training) and other public safety activities.

2. Support preservation of the City's authority to investigate police misconduct.

3. Support local control on issuance of concealed weapons permits.

4. Support legislation to help curb drug and alcohol-related criminal behavior and underage consumption.

5. Support legislation to limit or end the sale of all nonflavored and flavored electronic smoking device products, including mint and menthol and to increase enforcement and education related to their use.

6. Oppose new or increased state fees for state-provided law enforcement services.

7. Support the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs.

8. Support efforts to enhance radio and data system(s)stability and interoperability among public safety agencies and jurisdictions.

9. Preserve the City's right to regulate activities with adverse health and safety impacts on local streets, sidewalks, public spaces, and rights-of-way.

10. Support legislation to improve and enhance the safety of cargo transported via rail, including but not limited to: safety enhancements for rail vessel construction with an emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit the use of older, “grandfathered” containers and vessels; enhancements in remote monitoring and control of railcar speeds; reduction of railcar speeds in populated areas like San Luis Obispo; enhancements in communications, notifications and information dissemination to local governments, especially public safety agencies.

11. Support and expand funding and programs to local jurisdictions to proactively reduce fire risk attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate change to remove diseased, dead and/or down combustible vegetation, thin forests to improve forest health, and create effective defensible space between the undeveloped and developed environments.

12. Support grants and aid to land/property owners with properties one mile or less from natural

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vegetation, which are threatened by wind-driven fire events, to harden structures again fire impingement and create sustainable defensible spaces.

13. Support grants and aid to local governments to develop modern evacuation communications systems to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means.

14. Support legislation to preserve and enhance local control, at the city level, for the provision of public safety services, including the scope and provision of medical and non-medical emergency services and legislation that would result in the implementation of a statewide modern earthquake notification and evacuation communications system to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means, which is available for use by local governments at the discretion of local governments.

15. Support uniformity of state and federal regulations of drones and the study and adoption of appropriate local airport protections and public safety exemptions.

16. Support legislation regarding the safe transport and storage of nuclear waste.

17. Support legislation to address the education, funding, and treatment of opioid addiction.

18. Support legislation that expands funding to manage vegetation and fuel sources in the wildland urban interface.

19. Support legislation to provide funding to help communities prepare for response, recovery and be resilient after natural disasters.

20. Support funding to remove unwanted firearms from homes and businesses.

21. Support responsive intervention programs that promote accountability and divert people away from both crime and prison.

22. Support funding and training for emergency response to electrified vehicles and infrastructure.

23. Support legislation and policies that protect and support individuals who are targeted by hate crimes and hate biased incidents.

Public Works

1. Support increased availability of grant funding to replace aging infrastructure of all types, e.g.,streets, bridges, water, sewer, parks, and storm sewer systems, etc.

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2. Support increased funding for flood protection, clean stormwater, and low impact infrastructure projects.

3. Support cooperation and prompt approval from Federal and State regulatory agencies (such as the Department of Fish & Wildlife, Regional Water Quality Control Board, and the Army Corps of Engineers) for necessary projects involving the City's creek system.

4. Support monetary incentives or grant funding for electric vehicles for replacement of municipal fleet equipment.

5. Support funding and policies that support and enhance active transportation modes such as bicycles, pedestrian, and transit.

6. Support continued protection of SB-1 and other funding for transportation infrastructure maintenance.

7. Support policies and legislation that maintains local control of parking rules, regulations, rates, and citation fees.

8. Support policies and legislation that allow for increased enforcement ability for off-street parking, including but not limited to use of automated parking control devices on public agency owned or operated off-street parking facilities for the purpose of issuing parking violations.

9. Support permanently allowing local governments to use design-build processes and expand the types of projects that cities can use design build and progressive design-build.

Parks and Recreation and Natural Resources

1. Support State and Federal funding and other measures to promote the acquisition, protection, preservation and restoration of natural resources, open space, coastal resources, signature landforms, wetlands, and park development, including continued funding for the Land and Water Conservation Grant Program and for the California Conservation Corps.

2. Support the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development.

3. Oppose any development under existing or new offshore oil and gas leases off the Coast of San Luis Obispo County.

4. Oppose any development under existing or new oil and gas leases in San Luis Obispo County.

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5. Support and seek State and Federal funding and other measures to conduct research and implement land management measures for the purpose of carbon sequestration.

6. Support measures to prohibit discharge of pollutants into the creeks and ocean (e.g., selenium contaminated waters from the San Joaquin valley).

7. Support State and Federal funding and other measures to take advantage of opportunities for land and easement acquisition and enhancement project contracting.

8. Support legislative exemption from property taxes on lands dedicated to open space purposes, which may be outside the boundaries of the jurisdiction owning such lands.

9. Support funding to reduce or mitigate negative impacts to vital regional and community services and enhance public access to parks, open space, after school programming, senior services, facilities that promote physical activity, protect natural resources, and strengthen safety and security.

10. Promote policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions including: strengthening policies that fund parks, open-space, bike lanes and non-motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non-motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375 (2008).

11. Support access and connectivity to joint use of schools; parks and open space; development of streets and trails that encourage physical activity and healthy living.

12. Support extension or permanent legislation at the federal level of enhanced tax deductions for charitable donations of Conservation Easements.

13. Support legislation to limit the opening of protected public lands, e.g., Carrizo Plain, to fossil fuel extraction.

Transportation

1. Support changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public, as well as revenue replacement for electric vehicles to support transportation infrastructure.

2. Support the continuation of, and increased funding sources for street maintenance projects, transportation improvements, transit operations and multimodal facility projects.

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3. Support funding sources for fleet and transit electrification.

4. Support transportation funding for San Luis Obispo County, in particular funding that provides for alternative modes of transportation with clean air benefits or reductions in Vehicle Miles Traveled (VMT) and greenhouse gases.

5. Support transportation funding and policy that promote regional bike and pedestrian connections between cities and other population centers.

6. Support actions to: (1) promote cooperation and mutual support between metropolitan planning organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO agencies/regional "control" of local transit providers.

7. Support cooperation of private transportation companies (such as Union Pacific Railroad) to reach agreements for sharing of properly secured right of way corridors for other compatible uses such as bicycle and pedestrian facilities.

8. Oppose the proposed diversion of any funding source for transportation that reduces amounts designated for transit operations.

9. Support funding for projects to implement adopted complete street plans demonstrated to improve public health and reduce greenhouse gas emissions.

10. Support provision of Cap-and-Trade funding for transportation projects.

11. Support increased funding for existing Active Transportation Program (ATP) and other sources of bicycle and pedestrian transportation funding.

12. Support funding for existing and future transportation needs.

13. Support funding strategies to reduce the personal cost of transportation, especially cargo and electricassist bicycles and their supporting infrastructure.

14. Oppose proposed changes to statistical methodologies such as Metropolitan Statistical Areas that have the potential to reduce funding for transportation improvements.

15. Support improvements of state and federal standards guiding application of street design and traffic control devices to allow more flexibility for local agencies to prioritize safety, particularly for vulnerable road users, and including locations that interface with the state highway system, consistent with calls to action from groups like the National Transportation Safety Board, NACTO and others.

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16. Support opportunities for improved coordination between state and local governments to advance common goals and priorities, such as opportunities for partnership projects between the City and Caltrans to advance safety and multimodal improvements to state highway facilities within and in the vicinity of the City.

17. In alignment with the National Association of City Transportation Officials (NACTO), support legislation for a Bike Safety Stop that would authorize a person bicycling to treat a stop sign like a yield sign, giving right-of-way to other traffic at an intersection before proceeding safely through, but without the requirement to come to a full stop.

18. Support consideration of increased funding and options for safe bike and pedestrian crossing of railroad tracks, including bridges, underpasses and controlled at-grade crossings.

19. Support legislation to improve safety features for new motor vehicles, including requirements for side guards on certain trucks and trailers and/or addition of devices that would limit the ability of drivers to unreasonably exceed posted speed limits.

20. Oppose legislation that would modify current restrictions to allow longer or heavier tractor-trailers to use public roadways, which would increase roadway wear and tear and degrade safety for other road users.

Utilities

1. Support clean water and drinking water funding programs.

2. Support recycling, waste diversion, and zero waste programs and enhancing local government's ability to comply with solid waste reduction requirements (includes building of recycling infrastructure and organics / biosolids composting facilities).

3. Support measures that require the State Water Resources Control Board and Regional Water Quality Control Boards establish a process to evaluate, in advance of adoption, the costs of compliance for pending and future regulatory actions on National Pollutant Discharge Elimination System (NPDES) permittees.

4. Support legislation that requires the State's environmental agencies to conduct peer review of proposed regulations to ensure that the proposal is based on sound science.

5. Support the elimination of mandatory minimum penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e.,

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California Water Code Section 13385[h]).

6. Support measures to ensure reasonableness in the administration of NPDES permit governing City operations, including pursuing a municipal representative on the Regional Water Quality Control Board.

7. Support the safe, responsible, and cost-effective reuse of Exceptional Quality or better biosolids.

8. Support sustainable and resilient energy programs.

9. Support legislation allowing cities/agencies to establish fees for the costs of operating mandated water quality programs such as, but not limited to, municipal storm water and total maximum daily loading.

10. Support federal legislative action and funding to transfer Salinas Reservoir from Army Corps of Engineers Military Project to Army Corps of Engineers Civil Works Project.

11. Support federal and state funding that would allow for transfer of Salinas Reservoir from the Army Corps of Engineers to the County or City of San Luis Obispo.

12. Support water conservation and water use efficiency best management practices.

13. Support amendments to the Urban Water Management Planning Act to recognize past investment in water conservation and the City's ability to comply with SBx7-7 (2009) and other water conservation regulations.

14. Oppose legislation that requires recycled water to be included in water conservation regulations.

15. Oppose mandatory consolidation of water systems.

16. Support the expansion of recycled water production and use, including potable reuse.

17. Support the use of PublicGoods Fundsfor the development and installation of energy saving or green energy generating projects to benefit local government.

18. Oppose legislation that diminishes the City’s existing or potential water rights.

19. Support the protection of water resources.

20. Support the protection of our natural resourcesfrom invasive species.

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21. Support regional water resiliency initiatives.

22. Support streamlined water rights amendment processes for minor water rights permit changes.

23. Support federal and statewide funding of water infrastructure projects.

24. Oppose legislation that inhibits the City's ability to collect water and sewer bills either through terminating service for non-payment or other reasonable means absent public health or safety emergencies.

25. Oppose legislation that restricts water and sewer rates for certain customers to below the cost to provide service based on legitimate public interests such as affordable housing, senior housing, nonprofit public beneficial uses, and/or educational uses.

26. Support amendments to stormwater regulatory requirements to reduce mandatory minimum fines and penalties and the recovery of private attorneys’ fees for technical non-compliance issues that do not result in adverse public health impacts or environmental harm.

27. Support stormwater requirements that are related to specific issues and include reasonable implementation timeframes and funding.

28. Support autonomy for management of individual Sustainable Groundwater Management Act designated basins within the county.

29. Support funding for implementation of Groundwater Sustainability Plans including the San Luis Obispo/Edna Valley Basin.

30. Support federal and state policies that require per- or polyfluoroalkyl substances (PFAS) source control and labelling by product manufacturers, producers, packagers, importers, suppliers, or distributors.

31. Support federal and state funding to assist with identification and clean up of per- or polyfluoroalkyl substances (PFAS) contamination in public source water supplies.

32. Support federal or state legislation to protect and limit the liability of passive receivers such as public water and wastewater agencies facing the threat of either USEPA enforcement actions or third-party litigation from the decision to list PFAS as a hazardous substance.

33. Oppose state or local per- or polyfluoroalkyl substances (PFAS) regulations that are more restrictive than federal regulations.

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County/Regional Priorities

1. Support County land use policies and practices that are consistent with the Memorandum of Agreement adopted by the City Council and County Board of Supervisors in 2016 regarding development near the edges of the City and opposing inconsistent policies and practices.

2. Encourage participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction.

3. Support County development of a local ordinance providing additional local oversight and regulation of the land application of Pollutant Concentration (PC) or better biosolids.

4. Support the San Luis Obispo County Zone 9 Flood Control and Water Conservation District efforts to solve City/County flood problems.

5. Support the San Luis Obispo County Air Pollution Control District's legislative program, where consistent with the City's adopted policies and platform.

6. Support the San Luis Obispo Council of Governments' legislative advocacy activities, where consistent with the City's adopted policies, platform, and public policy and project objectives.

7. Support efforts to enhance dangerous animal regulation and enforcement.

8. Support the streamlining, clarification, and simplification of conflict-of-interest regulations applicable to local officials.

9. Support efforts of other regional entities to join Central Coast Community Energy.

10. Support the Central Coast Regional Energy Network at the County Board of Supervisors, the CPUC, and related relevant entities and supporting pilot projects in the City as feasible.

11. Support regional and regulatory collaboration to fund and support climate change impact projections and coordinate approaches for increasing regional resilience.

12. Support requirements that development outside City jurisdiction have adequate water supplies to support development activities and intensities and does not indirectly impose water service obligations to adjacent municipal water agencies.

13. Support assistance for those experiencing physical and mental health impacts of a pandemic or other disaster.

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14. Support the Integrated Waste Management Authority’s (IWMA) legislative platform, where consistent with the City’s adopted policies, platforms, and public policy and project objectives.

15. Support regional efforts to create a spectrum of housing types (including board and care and housing types that include other supportive services) within the County to house the unhoused.

16. Encourage the County of San Luis Obispo to build complete streets when building new roads, and to upgrade existing roadways to be complete streets.

Item 6f
Department: Administration
Cost Center: 1001
For Agenda of: 4/2/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Natalie Harnett, Policy and Project Manager SUBJECT: 2024 LEGISLATIVE ADVOCACY PLATFORM

RECOMMENDATION

1. As recommended by Mayor Stewart and Council Member Shoresman, adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, establishing a City Legislative Action Platform for 2024 and appointing the Council Member and Staff to act as a liaison between the City of San Luis Obispo and the League of California Cities”; and

2. Appoint the Mayor, City Manager, and the City Attorney to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo.

POLICY CONTEXT
The legislative platform is a tool to promote the efficient use of staff and the Council time while also ensuring the City is actively engaged on relevant legislative issues. City Council approval is required for any modifications to the platform and is updated through an annual review process. The City will be providing a copy of the City’s Legislative Platform to Federal and State legislators and will also be sharing a copy with the County Board of Supervisors.

DISCUSSION
Attached for Council’s consideration is a Resolution (Attachment A) establishing the City’s 2024 Legislative Action Platform. Similar resolutions have been adopted by the Council since 1993. The City Administration and IT Department coordinates the Legislative Action Program and assistance from the Attorney’s Office and other City departments, as appropriate. This Resolution authorizes staff to respond to legislative issues affecting the City (via letters signed by the Mayor, City Manager and occasionally, Department Heads), provided that the positions taken in the letters are consistent with the priorities identified in Exhibit A to the Resolution (Attachment B) and League of California Cities advocacy efforts.

Item 6f
By establishing a broad legislative platform and delegating responsibility to the Mayor and staff to respond to proposed legislation and recommendations from the League of California Cities, the City is better able to react quickly to changing circumstances and urgent requests than it would be if each item were brought to the Council at its regular meetings. The process is considered a best practice, has been efficient given the limited City resources available, and the City continues to be very active in communicating its positions on Federal and State legislation.

During the January 9, 2024 City Council meeting the Council appointed Mayor Stewart and Council Member Shoresman to an Ad Hoc Committee to review the 2024 Legislative Platform. Staff reviewed the Legislative Platform and suggested edits based on their subject matter expertise. On February 27, 2024, the Ad Hoc Committee met after they had reviewed the platform and suggested additional edits. The Ad Hoc Committee made several changes to the platform that mostly expanded upon previous items in the platform.

In addition to Council’s substantive direction on the platform, edits were also made to the introduction section of the platform to provide more context on the platform and clarify the scope. Historically, and as affirmed by the City Councils of the last four years, the platform has been utilized primarily to advocate for or against a particular piece of legislation and not for or against a particular project or permitting application (adjudicative acts before other jurisdictions’ legislative bodies). This is still the intent of the platform, but the language was clarified to include legislative proposals including those related to budget, regulations, policies, and programs. All changes, including language clean-ups and issue consolidations, are shown in the legislative draft of the 2024 Platform attached to this report (Attachment C).

Previous Council or Advisory Body Action
The City Council discussed this item at the January 9, 2024 meeting and appointed the Ad Hoc Committee. On February 27, 2024, the Ad Hoc Committee met after they had reviewed the platform and suggested additional edits.

Similar resolutions have been adopted by the Council since 1993 following the advice and example of other cities (1993 Staff Report). The most recent Legislative Action Platform was approved on April 2, 2023.

Legislative Liaison Appointments
The League of California Cities encourages cities to appoint a Council Member and a staff person to act as legislative liaisons between the League and the City. As has been past practice, staff recommends that Mayor Erica A. Stewart act as the Council Legislative Liaison and the City Manager and the City Attorney serve as the Staff Liaisons.

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

Item 6f

CONCURRENCE
In preparing this year’s draft platform, input was solicited from all City departments and several additions and clarifications were recommended.

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

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

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

Total N/A N/A N/A N/A
Because no additional staff work is anticipated as a result of this ongoing program, no new fiscal impact will be incurred that was not already included in the current budget appropriation.

ALTERNATIVES
The Council may wish to include other issues, not included in the current draft.

However, it is important to note that the Legislative Platform allows the City to take action on any bills and other measures formally supported by the League of California Cities. It is staff’s recommendation that the desired additions to the Platform are generally crafted and flexible to allow for quick responses to legislation important to cities.

ATTACHMENTS
A - Draft Resolution adopting the 2024 Legislative Platform B - Exhibit A to the Draft Resolution – 2024 Legislative Action Platform (Clean Version) C - 2024 Legislative Action Platform (Legislative Version)

R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, ESTABLISHING THE CITY LEGISLATIVE
ACTION PLATFORM FOR 2024 AND APPOINTING THE COUNCIL

MEMBER AND STAFF PERSON TO ACT AS LIAISON BETWEEN THE

CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA CITIES WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action platform which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision-making processes directly affecting the City legislative priorities identified in Exhibit A, and other selected issues as may from time to time be recommended by the League of California Cities; and
WHEREAS, the City Council considered an update to the Legislative Action Platform on January 8, 2024 and formed an Ad-Hoc Subcommittee consisting of Mayor Stewart and Councilmember Shoresman to provide further review and changes in response to Council and public input; and
WHEREAS, on February 27, 2024 the Ad-Hoc Subcommittee reviewed staff recommended changes in response the the Council and public input; and WHEREAS, a key component of the City’s Legislative Action Platform is face-to face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities.

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

Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 1. Establish the Legislative Action Platform for 2024 as set forth in the attached Exhibit “A” and authorize the Mayor and designated staff to take positions on legislation generally consistent with the Legislative Action Platform and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City.

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

EXHIBIT A

LEGISLATIVE ACTION PLATFORM
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This Legislative Platform, adopted by the City of San Luis Obispo Council, will establish the City’s position on legislative matters of priority and importance to the City.

The Legislative Platform reflects those legislative matters on which the council majority authorizes the Mayor, City Manager and City Attorney to engage in legislative advocacy on behalf of the City without the need for further council review or authority. The council’s authorization extends only to advocacy for or against generally applicable legislative proposals (including those pertaining to budget, regulations, policies, and programs) being considered by local, regional, state and/or federal policy makers or regulators consistent with Major City Goals and adopted City policy platforms. It does not otherwise extend to advocacy for or against any individual project, program, or entitlement application pending before any decision-making body, unless specifically noted herein.

The Legislative Platform shall be reviewed regularly and updated on an annual basis. The Legislative Platform shall be published and disseminated widely to promote transparency and awareness among the public.

For emerging issues or situations not outlined in the Legislative Platform, City staff will work with the City Council for further direction.

LEGISLATIVE ACTION PLATFORM
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Contents
Climate Action...............................................................................................................................................4 Energy ...........................................................................................................................................................5 Diversity, Equity, and Inclusion.....................................................................................................................6 Homelessness Resources..............................................................................................................................7 Community Development...........................................................................................................................10 Economic Development..............................................................................................................................11 Finance & Governance................................................................................................................................12 Human Resources/Employee Relations......................................................................................................13 Public Safety................................................................................................................................................14 Public Works ...............................................................................................................................................15 Parks and Recreation and Natural Resources.............................................................................................16 Transportation ............................................................................................................................................17 Utilities........................................................................................................................................................19 County/Regional Priorities........................................................................................................................22

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Climate Action

1. Support funding for communities to pay for public infrastructure that meets state greenhouse gas emission reduction goals and adopted City objectives.

2. Support funding to implement programs and related action items contained in local and regional Climate Action Plans to quantitatively reduce greenhouse gas emissions and advocate for regulatory reform, including but not limited to clean technologies, micro-grids, all electric/zero-emission buildings, electrified transportation, behind the meter technology, and natural solutions (e.g., tree planting, open space conservation, and contemporary land management and restoration practices).

3. Support regulatory reform to facilitate the transition to clean technologies, microgrids, low and zero carbon energy generation, and decarbonized buildings.

4. Support legislation and regulation that is aligned with the City’s goals of carbon neutrality by 2035 and sub-goals related to municipal operations, clean electricity, building decarbonization, clean mobility, organic waste diversion, and natural solutions.

5. Oppose legislation and regulation that limits the City’s ability to achieve its goals of carbon neutrality by 2035 and sub-goals related to municipal operations, clean electricity, building decarbonization, clean mobility, organic waste diversion, and natural solutions.

6. Support legislation and regulation that is aligned with the policies and programs set forth by the Climate Adaptation and Safety Element including using future projections for climate hazards in planning decisions, investing in community resilience, and adapting built infrastructure and natural ecosystems to climate change hazards and disturbances.

7. Support funding and resources to focus climate investments on programs and projects that support environmental justice, economic and racial equity, and head of household jobs.

8. Support legislation, policies, and regulation that extend producer responsibility for packaging and single-use product manufacturing as to encourage source reduction and the manufacturing of reusable and sustainable products.

9. Support legislation, policies, and regulation that that make waste diversion and reduction more equitable for our residents and businesses.

10. Support legislation that makes recycling organic waste and edible food recovery and distribution more efficient and easily accessible to residents and businesses in need.

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Energy

1. Support local communities’ broad authority to form and administer Community Choice Energy (CCE) programs, reforming the California Public Utilities Commission (CPUC), and limiting decisions that negatively impact CCEs or otherwise shift the financial impacts of investor-owned utilities to CCEs.

2. Support California Community Choice Associations’ (Cal CCA) Regulatory and Legislative Platform, where consistent with the City’s legislative platform.

3. Support reform of CPUC policies and state legislation to ensure investor-owned utilities are able and required to provide timely, accurate, and sufficiently detailed energy data.

4. Support reform of CPUC policies and state legislation that supports increased and equitable access to distributed energy resources, including rooftop solar.

5. Support reform of CPUC policies, state regulation, and state legislation that support cost effective zero emission buildings, including support for lower electric rates specific for all-electric buildings, increased value for net energy metering, and increased and equitable access to distributed energy resources, including rooftop solar and battery energy storage systems.

6. Support reform of CPUC policies, state regulation, and state legislation that support low income zero emission buildings, including support for mobile home parks, low-income households, and other disadvantaged community members.

7. Support reform of CPUC policies and state legislation eliminating or reducing departing load charges which discourage the use of alternative energy resources.

Support legislation in alignment with Central Coast Community Energy Policy Board and Operations Board Positions.
1 a. Support environmental justice and economic equity. b. Support 3CE investment in and support for distributed energy resources (e.g., rooftop solar), virtual power plants, demand response, behind the meter technology and energy efficiency. c. Support 3CE in evaluating and deploying programs that are climate action force multipliers 1 The City Council approved the City joining Central Coast Community Energy (3CE) in September 2018 and City representatives have been seated on 3CE’s Policy Board, Operations Board, and Community Advisory Council since 2019. This section of the City’s Legislative Platform identifies City of San Luis Obispo policy positions on key topics that may come before the various boards and advisory bodies of 3CE. The policy positions contained herein are intended to guide Board member deliberation, and voting and staff review of agenda, but are not an exhaustive list of issues that may arise. These positions are intended to extend only to advocacy for or against generally applicable policy proposals being considered by 3CE and does not extend to advocacy on any individual project or entitlement application pending before any decision-making body, nor does it extend to the larger legislative platform of the City.

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(e.g., tariffed on-bill financing, virtual power plants, etc.). d. Support climate mitigation (e.g., emissions reductions), adaptation (e.g., distributed energy resources and grid stability), and resilience (e.g., disaster preparedness). e. Support the inclusion of all segments of the community in policy making and program design processes.
f. Support processes that are transparent, collaborative, visible, accessible, and inclusive. g. Support rate, rebate, and revenue structures that create a robust programs budget. h. Support a portfolio of programs that focuses on economic, social, and environmental equity. i. Support a portfolio of programs that focuses on strategic and intentional long-term economic development consistent with sub-regional economic development approaches. j. Support regional climate action and a portfolio of programs that are strategically implemented to achieve regional climate targets.
k. Support staffing required to effectively design, advertise, implement, and monitor effectiveness of the agency’s project portfolio.
l. Support local government access to data, transparent GHG emissions reporting, and subannual emissions factors as available. m. Support programs that provide funding, technical support, or legislation that promotes grid independence and resiliency.
n. Support processes and governance approaches that provide sufficient time for Board members to fully participate and drive decisions, from inception to implementation. o. Support projects that focus on strategic and intentional regional economic development consistent with regional economic development approaches, when feasible, and with entities that support fair wage practices and maximize benefit to local workforces, when feasible.

Diversity, Equity, and Inclusion

1. Support legislation that creates, expands, and/or provides broad authority to jurisdictions to develop and implement diversity, equity, and inclusion programs, policies, or initiatives to address systemic inequities that disproportionately impact Black, Indigenous, People of Color (BIPOC), LGBTQIA+, and other marginalized, underserved, and underrepresented communities.

2. Support legislation that disrupts anti-immigrant ideologies and centers reforms for advancing access for undocumented individuals’ health, well-eing, and success.

3. Support education and employment opportunities and development of upward economic mobility and access to programs such as childcare, after-school activities, school’s family support networks and supportive services for people aging out of the foster care system.

4. Support increased availability of grant funding for ADA accessibility improvements and connectivity to streets, parks, and other public infrastructure.

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5. Support amendments to the California Elections Code to expand safe harbor provisions in response to district elections demands under the California Voting Rights Act to include remedies, in addition to district elections, to enhance quantifiable equity gains in participation and representation in local elections, including, but not limited to cumulative voting, limited voting, ranked choice voting and other voting structures that can be demonstrated to advance voter engagement and equity.

6. Support legislation that furthers jurisdictions to create policies that protect voting rights and work to disrupt voter suppression tactics that disproportionately impact Black, Indigenous, and other communities of color.

7. Support legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission.

8. Support legislation and funding to increase affordable and equitable childcare services and activities, and options for working low-income families.

9. Support legislation related to implementation of the Racial Equity Framework2and resources and tools to promote racial equity and address structural racism.

10. Support legislation that creates programs or policies that identify and enhance opportunities for expanded programs that contribute to family friendly workplace environments that may include, but are not limited to leave for reproductive loss, paid parental leave, flextime, and job sharing.

11. Support legislation that advances access and expands funding for services, programs, and/or projects centered in addressing inequities that disproportionately impact Black, Indigenous, People of Color (BIPOC), LGBTQIA+, and other marginalized, underserved, and underrepresented communities.

Homelessness Resources

1. Support legislation and funding for the prevention of homelessness and support of families and individuals vulnerable to becoming homeless.

2. Support funding for project-based, permanent affordable housing.

3. Support funding for the entire housing spectrum (including affordable units, ADUs, Tiny Homes, Temporary Emergency Shelters and family housing, and supportive housing for all unhoused individuals and families including the mentally ill, medically fragile, and aging adults). 2 Executive Order N-16-22 establishes the State's authority to develop plans and strategies to advance equity and identify disparities. Within the Executive Order, there are specifics for the Governor's Office of Planning & Research to create the Racial Equity Commission (REC). One of the duties of the REC is to produce a Racial Equity Framework by 2024, which will contain strategies for state, county, and local governments to implement.

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4. Advocate for increased flexibility in the use of Federal Funds at the local level to address the full spectrum of services and transitional housing for individuals who are unhoused.

5. Support nonprofit eviction prevention services for low-income individuals and families.

6. Support programs and funding to encourage private market landlords to provide affordable units, participate in housing voucher programs, and upgrade units for energy efficiency.

7. Support additional funding that encourages unique multi-departmental and inter-governmental collaboration to assist individuals experiencing homelessness, such as the City’s Community Action Team (CAT) and Mobile Crisis Unit (MCU), as well as Crisis Intervention Training (CIT) for public safety personnel.

8. Support employment services and job training opportunities for individuals who are homeless or atrisk of becoming homeless.

9. Support funding for federal, state, county and local coordination with non-profit and faith-based organizations to prevent and address homelessness.

10. Support funding for the removal and storage of unhoused individual’s belongings and the cleaning of sites used by unhoused residents, in alignment with the City’s Compassionate Assistance, Mitigation & Prevention (CAMP) Standards and Temporary Storage Guidelines.

11. Support funding and programs that promote whole person care approaches that include access to expanded medical, mental, and behavioral health services, including substance use disorder treatment services, and new approaches to financing health care access and patient wellness to reduce avoidable emergency room visits, hospital stays and readmissions.

12. Support increased funding and statutory authorization for crisis intervention, involuntary assessment and commitment, guardianship control, and health welfare intervention and supervision of those suffering from chronic homelessness, mental illness and addiction, and recognition of mental illness and addiction as contributors to chronic homelessness.

13. Support streamlined protocols and metrics to be used by homeless service providers, local agencies, and other non-governmental partners to capture and share accurate statistics of individuals experiencing homelessness, including vacancy and capacity rates, in-flow and out-flow information, cost-reporting of services provided and rendered, and individuals successfully housed.

14. Oppose legislation that seeks to circumvent local control and consideration of local circumstances and safety of the general public when addressing homelessness.

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15. Support legislation, programs, funding, court intervention, and statutory authorization for a unified crisis response system to enhance the ability of the County Behavioral Health Director, crisis response personnel, family members and social service providers to share information necessary for effective treatment interventions and to compel assisted outpatient treatment for a person exiting a conservatorship and those lacking capacity to provide for their own healthcare, shelter and food needs.

16. Support legislation that would allow the courts and crisis intervention personnel to consider a person’s medical, addiction and mental health conditions, history of adverse impacts on community health and safety, and capacity of individuals to provide for their own health, shelter, and food needs in mandating program participation in connection with criminal justice and other contacts, including or expansion of the definition of “gravely disabled” under code section 5150 et seq. in evaluating whether an individual is a danger to themselves or others.

17. Support legislation for Mental Health Services Act (MHSA) to allow for flexibility in funds earmarked for “Innovation” programs that are aimed at finding new and different ways to provide services.

18. Support legislation, funding, programs, and policies to help expand capacity in local psychiatric health facilities, delivery of case management, drug, alcohol, and detoxification services and facilities, assisted living beds for medically fragile people, and mental health services for all County residents.

19. Advocate that the County lead in the area of expanding humane shelter and housing opportunities for the unhoused population and expand outreach and case management services specifically tailored to the needs of unhoused individuals in the County to transition out of homelessness.

20. Support the use of data from public safety, City, and regional Community Action Teams (CAT) and Mobile Crisis Units (MCU) outcomes, to advocate that the County allocate new resources to scale up these programs to match the need.

21. Support an effective and efficient implementation of San Luis Obispo County’s 5-Year Plan to Address Homelessness.

22. Support state and federal funding of mandates to provide care and services to vulnerable populations.

23. Support legislative efforts to repeal Article 34 of the California Constitution, which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project.

24. Support legislation, policies, and programs that expand tenant affordability and stability.

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Community Development

1. Support local control of land use planning and zoning matters.

2. Support State and Federal assistance to prevent the loss of housing for those impacted by local, state, or federal disasters.

3. Support reforms of the State mandated HCD Regional Housing Need Allocations process to recognize local resource limitations and align infrastructure and other funding to help communities meet mandated housing requirements.

4. Support funding of on-campus housing at Cal Poly for students, staff and faculty, and University acquisition of residences for staff and faculty housing.

5. Support increased funding for affordable housing and supportive housing services for very low, low, and moderate income individuals and families in all cities and communities and opposing the erosion of local inclusionary housing and in-lieu fee programs.

6. Support continued funding of National Housing Trust Fund and streamlined and efficient implementation regulations at the state level.

7. Support additional state funding to implement AB 32 (The California Global Warming Solutions Act of 2006) and SB 375 (The Sustainable Communities and Climate Protection Act of 2008) through local general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed.

8. Advocate for funding for the identification, acquisition, maintenance and restoration of historic sites and structures.

9. Support continued and expanded funding for the Community Development Block Grant (CDBG) program.

10. Support policies, programs and funding to support opportunities to convert vacant commercial spaces to affordable housing and child care facilities.

11. Support state and federal level down-payment assistance programs and the expansion of belowmarket rate assistance programs.

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12. Support continued local control over mobile home park rent stabilization and local control over the conversion of mobile home parks to other uses to ensure that low-income mobile home park residents are not involuntarily removed from homes or otherwise subject to involuntary displacement due to economic impacts of parks subdivision or conversion.

13. Encourage the protection, enhancement, and increased production of mobile home park residency opportunities.

14. Advocate for the ability to issue parking citations on private property.

15. Support responsible review and revision of CEQA to ensure sound environmental determinations.

16. Promote pragmatic and clarifying actions to implement Proposition 64 Cannabis legalization, including increased funding for health education, the preservation of local land use decision making, reconciliation of conflicts in state and federal law, and systems for legal banking.

17. Support increased relocation assistance (AB 1482 2019) when a tenant is evicted due to no-fault of their own.

18. Support state and federal approaches to renter protections for rental housing and enforcement of existing renter protections in accordance with the California Civil Codes including but not limited to Cal. Civ. Code §§ 1940-1954.1

19. Support funding for seismic retrofitting for buildings that haven't been retrofitted.

20. Support and participate in the study period for AB 835 regarding building standards for single exit, single stairway apartment houses.

Economic Development

1. Support state and federal assistance for those people and businesses facing severe economic losses due to pandemic or other disasters.

2. Support regional economic activities except for those that promote weapons or fossil fuel production or distribution activities.

3. Support direct assistance and/or legislation that supports local agencies with recovering costs related to the pandemic or other disasters and stimulate economic development, resiliency, and recovery.

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4. Support funding and legislation using tax credits or other incentive programs to encourage research and development by businesses in California.

5. Support funding and policies for the promotion of California and the City and County of San Luis Obispo as a place to locate businesses that provide head-of-household jobs.

6. Support economic development that is integrated with articulated Major City Goals such as climate action, environmental protection and social justice and diversity objectives.

7. Support funding for the state tourism promotion program.

8. Support the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies and supporting net neutrality.

9. Support telecommunications reform legislation and other measures that preserve local control over public rights-of-way, protect local resources, broadband and telecommunications for all residents and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television.

10. Support the expansion of public infrastructure financing tools and funding for infrastructure.

Finance & Governance

1. Support meaningful fiscal reform that allows each level of government to adequately finance its service responsibilities while continuing to support efforts to protect the City from loss of revenues due to State take-aways and unfunded State or Federal mandates.

2. Oppose initiatives that unduly burden and/or prohibit local government ability to support essential services to the community.

3. Support collection of the full amount of local transient occupancy tax from online sales of lodging.

4. Support the continuation of California Specialized Training Institute activities within San Luis Obispo County.

5. Oppose removal of the municipal bond tax exemption.

6. Support legislation to modernize the Ralph M. Brown Act to provide increased flexibility for remote participation in public meetings by elected and appointed officials and provide increased opportunities for public engagement.

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7. Support legislation that furthers SB 1439’s intent to restrict “Pay-to-play” campaign financing but provides clarifications and modifications that reduce the administrative burden associated with the implementation as currently written.

Human Resources/Employee Relations

1. Support additional workers’ compensation reforms that lower employers' costs while still protecting workers and oppose legislation that would restrict appropriate cost controls in the workers’ compensation system.

2. Support pension and retiree health benefits reform efforts, policy changes, and permissible administration decisions aimed at reducing unfunded liabilities, reducing costs, and ensuring the longterm viability of the defined benefit pension system in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors.

3. Oppose the expansion of property rights in public employment and procedural requirements that hinder or significantly increase the public costs of effective performance management, including legislation that curtails management rights or obstructs the timely, efficient, and cost-effective implementation of performance management or disciplinary measures.

4. Support legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan and maintain comprehensive health care coverage for eligible employees, in a financially sustainable manner.

5. Support reforms that limit the financial impacts of joint and several liability on public entities.

6. Support the clarification, modification or repeal of AB 646 fact finding requirements and oppose measures that reduces local control over public employee disputes.

7. Oppose measures that curtail management rights or impose local government mandated employee benefits that should be directly negotiated between labor groups and employers.

8. Support Federal legislation to modify, refine, or eliminate Federal Labor Standards Act (FLSA) requirements on public agencies.

9. Support reforms that limit the joint and several liability to agencies who have entered into Joint Powers Agreements (JPAs).

10. Support meaningful statewide and national efforts to make quality health care more affordable and accessible to residents and reduce costs for cities and employers.

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Public Safety

1. Support new and continued State and Federal funding for school safety, disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS (Citizen’s Options for Public Safety) program, CIT (Crisis Intervention Training) and other public safety activities.

2. Support preservation of the City's authority to investigate police misconduct.

3. Support local control on issuance of concealed weapons permits.

4. Support legislation to help curb drug and alcohol-related criminal behavior and underage consumption.

5. Support legislation to limit or end the sale of all nonflavored and flavored electronic smoking device products, including mint and menthol and to increase enforcement and education related to their use.

6. Oppose new or increased state fees for state-provided law enforcement services.

7. Support the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs.

8. Support efforts to enhance radio and data system(s)stability and interoperability among public safety agencies and jurisdictions.

9. Preserve the City's right to regulate activities with adverse health and safety impacts on local streets, sidewalks, public spaces, and rights-of-way.

10. Support legislation to improve and enhance the safety of cargo transported via rail, including but not limited to: safety enhancements for rail vessel construction with an emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit the use of older, “grandfathered” containers and vessels; enhancements in remote monitoring and control of railcar speeds; reduction of railcar speeds in populated areas like San Luis Obispo; enhancements in communications, notifications and information dissemination to local governments, especially public safety agencies.

11. Support and expand funding and programs to local jurisdictions to proactively reduce fire risk attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate change to remove diseased, dead and/or down combustible vegetation, thin forests to improve forest health, and create effective defensible space between the undeveloped and developed environments.

12. Support grants and aid to land/property owners with properties one mile or less from natural

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vegetation, which are threatened by wind-driven fire events, to harden structures again fire impingement and create sustainable defensible spaces.

13. Support grants and aid to local governments to develop modern evacuation communications systems to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means.

14. Support legislation to preserve and enhance local control, at the city level, for the provision of public safety services, including the scope and provision of medical and non-medical emergency services and legislation that would result in the implementation of a statewide modern earthquake notification and evacuation communications system to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means, which is available for use by local governments at the discretion of local governments.

15. Support uniformity of state and federal regulations of drones and the study and adoption of appropriate local airport protections and public safety exemptions.

16. Support legislation regarding the safe transport and storage of nuclear waste.

17. Support legislation to address the education, funding, and treatment of opioid addiction.

18. Support legislation that expands funding to manage vegetation and fuel sources in the wildland urban interface.

19. Support legislation to provide funding to help communities prepare for response, recovery and be resilient after natural disasters.

20. Support funding to remove unwanted firearms from homes and businesses.

21. Support responsive intervention programs that promote accountability and divert people away from both crime and prison.

22. Support funding and training for emergency response to electrified vehicles and infrastructure.

23. Support legislation and policies that protect and support individuals who are targeted by hate crimes and hate biased incidents.

Public Works

1. Support increased availability of grant funding to replace aging infrastructure of all types, e.g.,streets, bridges, water, sewer, parks, and storm sewer systems, etc.

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2. Support increased funding for flood protection, clean stormwater, and low impact infrastructure projects.

3. Support cooperation and prompt approval from Federal and State regulatory agencies (such as the Department of Fish & Wildlife, Regional Water Quality Control Board, and the Army Corps of Engineers) for necessary projects involving the City's creek system.

4. Support monetary incentives or grant funding for electric vehicles for replacement of municipal fleet equipment.

5. Support funding and policies that support and enhance active transportation modes such as bicycles, pedestrian, and transit.

6. Support continued protection of SB-1 and other funding for transportation infrastructure maintenance.

7. Support policies and legislation that maintains local control of parking rules, regulations, rates, and citation fees.

8. Support policies and legislation that allow for increased enforcement ability for off-street parking, including but not limited to use of automated parking control devices on public agency owned or operated off-street parking facilities for the purpose of issuing parking violations.

9. Support permanently allowing local governments to use design-build processes and expand the types of projects that cities can use design build and progressive design-build.

Parks and Recreation and Natural Resources

1. Support State and Federal funding and other measures to promote the acquisition, protection, preservation and restoration of natural resources, open space, coastal resources, signature landforms, wetlands, and park development, including continued funding for the Land and Water Conservation Grant Program and for the California Conservation Corps.

2. Support the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development.

3. Oppose any development under existing or new offshore oil and gas leases off the Coast of San Luis Obispo County.

4. Oppose any development under existing or new oil and gas leases in San Luis Obispo County.

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5. Support and seek State and Federal funding and other measures to conduct research and implement land management measures for the purpose of carbon sequestration.

6. Support measures to prohibit discharge of pollutants into the creeks and ocean (e.g., selenium contaminated waters from the San Joaquin valley).

7. Support State and Federal funding and other measures to take advantage of opportunities for land and easement acquisition and enhancement project contracting.

8. Support legislative exemption from property taxes on lands dedicated to open space purposes, which may be outside the boundaries of the jurisdiction owning such lands.

9. Support funding to reduce or mitigate negative impacts to vital regional and community services and enhance public access to parks, open space, after school programming, senior services, facilities that promote physical activity, protect natural resources, and strengthen safety and security.

10. Promote policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions including: strengthening policies that fund parks, open-space, bike lanes and non-motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non-motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375 (2008).

11. Support access and connectivity to joint use of schools; parks and open space; development of streets and trails that encourage physical activity and healthy living.

12. Support extension or permanent legislation at the federal level of enhanced tax deductions for charitable donations of Conservation Easements.

13. Support legislation to limit the opening of protected public lands, e.g., Carrizo Plain, to fossil fuel extraction.

Transportation

1. Support changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public, as well as revenue replacement for electric vehicles to support transportation infrastructure.

2. Support the continuation of, and increased funding sources for street maintenance projects, transportation improvements, transit operations and multimodal facility projects.

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3. Support funding sources for fleet and transit electrification.

4. Support transportation funding for San Luis Obispo County, in particular funding that provides for alternative modes of transportation with clean air benefits or reductions in Vehicle Miles Traveled (VMT) and greenhouse gases.

5. Support transportation funding and policy that promote regional bike and pedestrian connections between cities and other population centers.

6. Support actions to: (1) promote cooperation and mutual support between metropolitan planning organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO agencies/regional "control" of local transit providers.

7. Support cooperation of private transportation companies (such as Union Pacific Railroad) to reach agreements for sharing of properly secured right of way corridors for other compatible uses such as bicycle and pedestrian facilities.

8. Oppose the proposed diversion of any funding source for transportation that reduces amounts designated for transit operations.

9. Support funding for projects to implement adopted complete street plans demonstrated to improve public health and reduce greenhouse gas emissions.

10. Support provision of Cap-and-Trade funding for transportation projects.

11. Support increased funding for existing Active Transportation Program (ATP) and other sources of bicycle and pedestrian transportation funding.

12. Support funding for existing and future transportation needs.

13. Support funding strategies to reduce the personal cost of transportation, especially cargo and electricassist bicycles and their supporting infrastructure.

14. Oppose proposed changes to statistical methodologies such as Metropolitan Statistical Areas that have the potential to reduce funding for transportation improvements.

15. Support improvements of state and federal standards guiding application of street design and traffic control devices to allow more flexibility for local agencies to prioritize safety, particularly for vulnerable road users, and including locations that interface with the state highway system, consistent with calls to action from groups like the National Transportation Safety Board, NACTO and others.

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16. Support opportunities for improved coordination between state and local governments to advance common goals and priorities, such as opportunities for partnership projects between the City and Caltrans to advance safety and multimodal improvements to state highway facilities within and in the vicinity of the City.

17. In alignment with the National Association of City Transportation Officials (NACTO), support legislation for a Bike Safety Stop that would authorize a person bicycling to treat a stop sign like a yield sign, giving right-of-way to other traffic at an intersection before proceeding safely through, but without the requirement to come to a full stop.

18. Support consideration of increased funding and options for safe bike and pedestrian crossing of railroad tracks, including bridges, underpasses and controlled at-grade crossings.

19. Support legislation to improve safety features for new motor vehicles, including requirements for side guards on certain trucks and trailers and/or addition of devices that would limit the ability of drivers to unreasonably exceed posted speed limits.

20. Oppose legislation that would modify current restrictions to allow longer or heavier tractor-trailers to use public roadways, which would increase roadway wear and tear and degrade safety for other road users.

Utilities

1. Support clean water and drinking water funding programs.

2. Support recycling, waste diversion, and zero waste programs and enhancing local government's ability to comply with solid waste reduction requirements (includes building of recycling infrastructure and organics / biosolids composting facilities).

3. Support measures that require the State Water Resources Control Board and Regional Water Quality Control Boards establish a process to evaluate, in advance of adoption, the costs of compliance for pending and future regulatory actions on National Pollutant Discharge Elimination System (NPDES) permittees.

4. Support legislation that requires the State's environmental agencies to conduct peer review of proposed regulations to ensure that the proposal is based on sound science.

5. Support the elimination of mandatory minimum penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e., California Water Code Section 13385[h]).