Agenda packet — San Luis Obispo City Council, June 18, 2024 (part 1 of 6)

City Council
AGENDA

Tuesday, June 18, 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 must provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.

Pages

1. CLOSED SESSION (4:30 - 5:30 PM)

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

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comment will only be accepted for items listed on the Closed Session agenda.

1.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9. No. of potential cases: One.

1.d ADJOURNMENT
The City Council will hold a Regular Meeting on June 18, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

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

3. PLEDGE OF ALLEGIANCE
Mayor Erica A. Stewart will lead the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a REGIONAL SAFETY PLAN PRESENTATION 9
The Council will receive a presentation on the Regional Safety Plan from the San Luis Obispo Council of Governments (SLOCOG).

4.b 2024 POINT IN TIME COUNT PRESENTATION
The Council will receive a presentation on the 2024 "Point in Time" (PIT) count from County of San Luis Obispo representatives.

4.c CITY MANAGER REPORT
Receive a brief report from Interim City Manager Whitney McDonald.

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 6h.

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 - JUNE 4, 2024 COUNCIL MINUTES 15
Recommendation:

Approve the minutes of the City Council meeting held on June 4, 2024.

6.c AUTHORIZE COLLECTION OF DELINQUENT SOLID WASTE

COLLECTION AND DISPOSAL ACCOUNTS
23 Recommendation:

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

6.d ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED
VACANCIES: PARKS AND RECREATION COMMISSION AND

HUMAN RELATIONS COMMISSION
43 Recommendation:

Confirm the appointment of Yukie Murphy to the Parks and Recreation Commission (PRC) and Mason Ambrosio to the Human Relations Commission (HRC), both to fill unscheduled vacancies with a term ending date of March 31, 2026.

6.e AUTHORIZATION TO ADVERTISE A REQUEST FOR

QUALIFICATIONS FOR ON-CALL CONSTRUCTION MANAGEMENT

SERVICES, WATER AND WASTEWATER
47 Recommendation:

Authorize the advertisement of Requests for Qualifications (RFQ) to establish an on-call consultant agreement for
construction management services for water and wastewater projects; and

1. Authorize the City Manager to execute on-call agreements with selected consulting firms; and

2. Authorize the Utilities Deputy Director of Engineering and Planning to amend or extend on-call agreements for services in accordance with its terms and within the available annual budget.

3. 6.f AUTHORIZATION TO APPLY FOR FY 2023-24 LOW CARBON

TRANSPORTATION OPERATIONS PROGRAM (LCTOP) GRANT
FUNDS
77 Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager, or their designee, to file, execute, and fulfil any related Low Carbon Transportation Operations Program Grant Applications, Certifications, Assurances, Forms, Agreements, and Associated Documents on behalf of the City.”

6.g ADOPT A RESOLUTION CALLING THE NOVEMBER 5, 2024

GENERAL MUNICIPAL ELECTION AND ADOPTING REGULATIONS
85 Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain Officers as required by the provisions of the Charter, adopting regulations for Candidate Statements, and requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election with the Statewide General Election to be held on November 5, 2024, pursuant to Section 10403 of the Elections Code.”

6.h AUTHORIZE AN EMERGENCY SERVICES CONTRACT WITH CAL
POLY FOR THE PERIOD 2024-2029
93 Recommendation:

Authorize the Mayor to execute a succession Emergency Services Contract for the period 2024-2029 with California Polytechnic State University (Cal Poly) in substantially the same form as the attachment.

6.i APPROVAL OF THE FINAL MAP FOR TRACT 3136 PHASE 1, 3580 BULLOCK LANE (SBDV-0490-2019)
133
*The Applicant has requested that this item be removed from the agenda and rescheduled to a date uncertain.

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a CONSIDERATION OF INITIATION OF AN ANNEXATION WITH

PREZONING APPLICATION TO PROVIDE CITY WATER AND
WASTEWATER SERVICES TO A THREE-ACRE PARCEL AT 4320
SOUTH HIGUERA STREET (ANNX-0662-2024, RZ-0665-2024)
(Estimated Time: 30 minutes)
171
Recommendation:

Authorize staff to proceed with processing an Annexation with Prezoning Application for an approximate three-acre parcel located at 4320 South Higuera Street in order for the City to provide water and wastewater services.

7.b UPDATE ON IMPLEMENTATION OF 2022-2024 HOMELESSNESS
RESPONSE STRATEGIC PLAN (Estimated Time: 60 minutes)
281
Recommendation:

Receive and file status of the 2022-24 Homelessness
Response Strategic Plan implementation updates; and

1. Approve modifications to strategic objectives, funding priorities, and key tasks to be incorporated into the 2024-26
Homelessness Response Strategic Plan and adopt the 2024-26 Plan.

2. 7.c APPROVE A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES (Estimated Time: 30 minutes)
731
Recommendation:

Authorize the City Manager to execute a Public-Private Partnership Agreement for Broadband Services between the City of San Luis Obispo and Astound Broadband, LLC.

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 City Council Meeting is scheduled for July 2, 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.

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 17, 2024
TO: Mayor and Council
FROM: Brian Nelson, Acting Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
VIA: Whitney McDonald, Interim City Manager
SUBJECT: ITEM 4A – SLOCOG REGIONAL ROAD SAFETY PLAN PRESENTATION Staff have been asked to provide additional details regarding the San Luis Obispo Council of Governments (SLOCOG) planned presentation on their Regional Road Safety Plan effort, which is the topic of a brief presentation under Item 4a on the June 18, 2024 City Council Agenda.

Attached to this Agenda Correspondence, readers will find a copy of the May 29, 2024 SLOCOG Board Staff Report (Item C-9), which provides additional background information and information on upcoming public outreach events supporting this regional planning effort.

The purpose of the presentation to Council is to bring community awareness to the plan and to help garner community engagement in the form of public comment and participation in regional road safety surveys. There is no direct action being requested of Council other than to receive the information and spread awareness. SLOCOG staff have presented this topic to other cities and will soon be presenting to the County Board of Supervisors and community advisory groups, as well as continuing outreach through social media channels.

It should also be noted that the City Transportation Division is currently in progress with the City’s first local Vision Zero Action Plan, which mirrors SLOCOG’s Regional Road Safety Plan effort, with more detailed analysis and focus on transportation safety topics within the city. City staff plan to have a Draft Vision Zero Action Plan ready to share for community input this summer, with plans to take a Final Vision Zero Action Plan to the City Council for adoption in the fall of 2024. This timeline leads the SLOCOG regional planning effort by approximately one year, and SLOCOG steering and technical committees are working collaboratively with City staff to ensure their plan is complimentary and consistent with City initiatives.

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C-9-1

SAN LUIS OBISPO COUNCIL OF GOVERNMENTS

STAFF REPORT
MEETING DATE: MAY 29, 2024 ITEM C-9
SUBJECT:

STAFF CONTACT:

Get Involved: Regional Road Safety Action Plan
John DiNunzio

SUMMARY
This item provides an update of actions being taken relating to improving roadway safety across the region via the Regional Road Safety Action Planning effort.

SLOCOG received a Federal Safe Streets for All (SS4A) grant to prepare a Regional Road Safety Action Plan to identify actions that can significantly make a difference in evolving our roadway network into a safe mobility network. The Plan will help formulate the best approaches, philosophies, and programs to meet our current and future road safety needs, while identifying opportunities for beneficial safety investments. The plan takes a regional look to establish vision and goals, include holistic and inclusive public engagement, conduct crash data and equity analysis to enhance locally adopted safety plans, and provide data and engagement tools for ongoing use. The plan will conclude with project and programmatic strategies and recommendations for both improving the built environment with safety countermeasures but also regional public safety engagement activities such as campaigns to discourage speeding, drunk & distracted driving. The plan will position the region and agencies to be eligible for future state and federal implementation grants.

In October 2023, SLOCOG made a policy proclamation – “’Road to Zero’ Regional Fatalities and Serious Injuries by 2050” – that is a commitment by SLOCOG Board to an eventual goal of zero roadway fatalities and serious injuries. This was the result of an ongoing effort to address the fact that fatalities on nation’s roads have remained stubbornly high for the past decade, and in the SLO region there were a total of 155 fatalities and 832 serious life changing injuries between 2018 and 2022. A Road to Zero Steering Committee has been formed to oversee the Safety Action Plan development, implementation and monitoring and is meeting approximately quarterly in 2024 and 2025.

RECOMMENDATIONS
Staff: Receive update and encourage public engagement and participate in upcoming activities related to the SLOCOG Road to Zero Safety Action Plan.

TTAC: See Addendum
CTAC: See Addendum

DISCUSSION
The Road to Zero (RTZ) is a new regional transportation policy focused on eliminating traffic fatalities within 30 years. This safety target goal is based on the fact that traffic fatalities are preventable, and that zero trafficrelated fatalities and serious injuries is the only acceptable goal. The recently approved proclamation by SLOCOG shows that safety is valued across organizations beginning with the highest-ranking city and county officials in the San Luis Obispo region and by accomplishing the leadership commitment and goal setting supporting the RTZ as a strategy to promote safer streets.

SLOCOG formed a Road to Zero Steering Committee that oversees the Action Plan development, implementation and monitoring. The Committee will be convened as it relates to the Regional Safety Action Plan development schedule. Convening this working group will include representation from but not limited to CHP, Fire, City Police, County Public Works and Public Health, and city & county staff from planning, engineering, enforcement, school board, public affairs. The RTZ Steering Committee is anticipated to meet quarterly or every two months, with a larger meeting convening yearly at the October SLO Safe Streets Forum

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C-9-2

KEY ACTIVIITES
Public engagement will be occurring between April and November 2024 as we develop the existing setting and potential strategies for the Regional Safety Action Plan. Community engagement starts with thinking about why the engagement is happening and what the purpose of the interactions are. Incorporating EQUITY into the public engagement and planning process is a key tenant of the effort.

Public engagement through a survey, interactive map, and attendance at local events will occur from May to November 2024. Collecting input from across the region will help provide context-specific information and regional perspectives related to roadway safety. A variety of methods to engage the community and safety partners are planned such as:

Project Website: The project website www.slocogroadtozero.org will be developed as a highly visual and interactive space with the goals of disseminating information (such as public meeting schedules and project fact sheets) and providing opportunities for input or to contact the project team.

Survey: An online questionnaire was created to ask about people’s experiences on the roadways. Paper surveys will be accessible as an offline alternative.

Interactive Map: An online map will be used to solicit input from the community on locations that have perceived safety concerns and the option for the general public to comment on particular issues. While crash data reports the incidents where a crash actually happened, there are often many locations that have “near misses” or other unique aspects that are of concern. Maps will be available at in-person events for comments to be received as an offline alternative.

Social Media: Project updates, advertising upcoming events, and sharing national safety messages and traffic behavior strategies will be posted on social media platforms.

Community Events: The project team will attend community events, using events to capture feedback without requesting the public to travel to a location that may not be convenient.

Key events include:
• April 30 Caltrans Worker’s Memorial and Safety Fair
• May ~ August -City Council, Board of Supervisors and Community Advisory Councils • May 16 – SLO Farmers Market Public Works Night
• May 23 – SLO Farmers Market Public Works Night
• June 1 – Paso’s Safety Fest
• October 2 - SLO Safe Streets Forum – Ludwick Center 6pm • November 17 - World Day of Remembrance for Road Traffic Victims 2024 – SLO County Courthouse A 2024 SLO Safe Streets Forum will be hosted by SLOCOG and other key safety partners on October 2nd to bring information and speakers together to discuss the ongoing roadway safety efforts and vision of the region.

This will be the third consecutive year of having a forum. A World Day of Remembrance for Road Traffic Victims will be held at the SLO County Courthouse.

Both the SLO Safe Streets Forum and World Day of Remembrance are events which have been developed as part of the stakeholder listening that has taken place to date.

For further information contact John DiNunzio, Senior Programming & Project Delivery, SLOCOG [email protected] (805) 781-5764

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C
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1 Council Minutes
June 4, 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, Mayor Erica A. Stewart
City Staff Present: Interim City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on June 4, 2024 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

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

3. PRESENTATIONS

3.a JUNETEENTH PROCLAMATION
Mayor Stewart presented a proclamation declaring June 15, 2024 as "Juneteenth Day" to Cheryl Vines on behalf of the SLO NAACP.

3.b PRIDE MONTH PROCLAMATION
Mayor Stewart presented a proclamation declaring the month of June as "Pride Month" to Dusty Colyer-Worth, on behalf of GALA.

3.c HUNGER AWARENESS DAY PROCLAMATION
Mayor Stewart presented a proclamation declaring June 7, 2024 as "Hunger Awareness Day" to Molly Kern on behalf of the SLO Food Bank.

3.d CITY MANAGER REPORT
Interim City Manager Whitney McDonald provided a report on upcoming projects.

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

Silvia
Robert Skinner
Mark Shaffer
Brenden Jacoby
Paloma Nava
Audrey Tran
Andrew Gould
Deena
Abdallah Harazneh
Julia Alber
Dusty Colyer-Worth
Bassem
--End of Public Comment--

5. CONSENT AGENDA
Mayor Stewart requested that Item 5j be pulled from the Consent Agenda.

Vice Mayor Pease recused from Item 5k.

Vice Mayor Pease requested that Item 5m be pulled from the Consent Agenda.

Motion By Council Member Shoresman
Second By Council Member Francis
To approve Consent Calendar Items 5a to 5i and 5k to 5l.

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

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

5.b MINUTES REVIEW - MAY 14, 2024 AND MAY 21, 2024 COUNCIL MINUTES Approve the following minutes of the City Council:
 May 14, 2024 - Special Meeting
 May 21, 2024 - Regular Meeting

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3 5.c 2024 BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST CODE Direct the review of the City’s Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act.

5.d AUTHORIZATION TO CONTINUE THE COLLECTION OF MULTIDWELLING PROPERTY FIRE AND LIFE SAFETY INSPECTION FEES Adopt Resolution No. 11496 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Auditor to collect fees for 2024-25 Fire and Life Safety Inspections of Multi-Dwelling Properties containing three or more dwelling units on the Secured Property Tax Roll pursuant to California Government Section 54988, Et Seq.”

5.e ADOPTION OF THE 2024 WATER SUPPLY AND DEMAND ASSESSMENT Receive and file the City’s 2024 Water Supply and Demand Assessment.

5.f APPROVE AN ENCAMPMENT RESOLUTION FUND SUBRECIPIENT

AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR

IMPLEMENTATION OF THE WELCOME HOMEVILLAGE PROJECT
Approve the Encampment Resolution Fund Subrecipient Agreement with the County of San Luis Obispo for implementation of the Welcome Home Village project and authorize the City Manager, or their designee, to execute the agreement.

5.g AMENDMENT TO THE GARDEN STREET TERRACES AFFORDABLE

HOUSING AGREEMENT TO CONVERT ONE BELOW MARKET RATE

RENTAL UNIT TO ONE BELOW MARKET HOMEOWNERSHIP UNIT
Adopt Resolution No. 11497 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, to approve the conversion of one Below Market Rate Rental Unit to a Home Ownership Unit within the City’s Below Market Rate Housing Program,” with an option to purchase offered to the existing moderate-income tenant, for the Garden Street Terraces project.

5.h AUTHORIZATION TO APPLY FOR WATERSMART GRANT FOR

ADVANCED METER INFRASTRUCTURE WATER METERS
Adopt Resolution No. 11498 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the application for grant funding for the WaterSMART Water and Energy Efficiency Program for purchase and implementation of advanced metering infrastructure.”

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4 5.i 2024-25 ROAD MAINTENANCE RECOVERY ACT (SB1) FUNDING AND

PROJECTS
Adopt Resolution No. 11499 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting a list of projects for Fiscal Year 2024-25 funded by SB 1: The Road Repair and Accountability Act of 2017.”

5.k SECOND READING OF ORDINANCE NO. 1736 (2024 SERIES) TO

ADOPT THE ENERGY EFFICIENT RENOVATIONS POLICY
Vice Mayor Pease declared a conflict on this item and recused due to her business being involved in the design and construction industry.

1. Adopt Ordinance No. 1736 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, adopting Local Amendments to Part 6 of the Building Construction and Fire Prevention Code, 2023” approving the Energy Efficient Renovations Policy for major residential additions and alterations; and

2. Direct staff to submit the approved local amendments and accompanying required submittal forms and information to the California Energy Commission to initiate the local amendments to California Energy Code review and approval process.

5.l FY 2024-25 GRANT APPLICATIONS FOR THE ALCOHOLIC BEVERAGE

CONTROL, OFFICE OF TRAFFIC SAFETY, DEPARTMENT OF JUSTICE

COMMUNITY ORIENTED POLICING AND DEPARTMENT OF JUSTICE

TOBACCO GRANT PROGRAM

1. Adopt Resolution No. 11500 (2024 Series) entitled, “Resolution Authorizing Grant Application for Funding from the Department of Alcoholic Beverage Control”,

2. Authorize staff to submit grant applications to the following agencies:
a. FY 2024-25 Department of Alcoholic Beverage Control in the amount of $93,154.
b. FY 2024-25 Office of Traffic Safety in the amount of $185,100. c. FY 2024-25 Department of Justice Office of Community Oriented Policing Services in an amount not to exceed $250,000 with a City match of approximately $558,000.
d. FY 2024-25 Department of Justice Tobacco Grant Program in an amount not to exceed $60,000.

3. If the grants are awarded, authorize the City Manager or a designee to execute grant related documents and authorize the Finance Director to make the necessary budget adjustments upon the award of the grant.

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5 Pulled from Consent by Mayor Stewart

5.j SECOND READING OF ORDINANCE NO. 1735 (2024 SERIES)
AMENDING CHAPTER 52 OF THE MUNICIPAL CODE (PARKING RATES) Jennifer Rice, Deputy Director of Mobility Services, provided a brief update on the next steps regarding implementation of the parking rates and responded to Council questions.

Motion By Mayor Stewart
Second By Council Member Marx
Adopt Ordinance No. 1735 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 10, Chapter 52 (Parking Meters and Parking Payment Centers), of the Municipal Code Modifying Hourly Parking Rates On-Street and In Surface Parking Lots.”
Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
CARRIED (5 to 0)
Pulled from Consent by Council Member Shoresman

5.m INITIATION OF DETACHMENT APPLICATION TO MODIFY CITY LIMIT BOUNDARY ON SLACK STREET EAST OF GRAND AVE. TO

ACCOMMODATE CAL POLY FACULTY AND STAFF HOUSING

PROJECT, VISTA MEADOWS
Motion By Council Member Marx
Second By Vice Mayor Pease
Authorize staff to proceed with processing a Detachment Application to modify the City limit boundary on Slack Street east of Grand Avenue to accommodate a new Cal Poly faculty and staff housing development known as Vista Meadows, as well as other City limit clean-up areas as needed to correct historical boundary crossings around Cal Poly, for future submittal to LAFCO after City process and required hearings.

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

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6 6. PUBLIC HEARING AND BUSINESS ITEMS

6.a ADOPTION OF THE FY 2024-25 SUPPLEMENTAL BUDGET
Finance Director Emily Jackson, Principal Budget Analyst Riley Kuhn, and Capital Improvement Program Administrative Manager Madeline Kacsinta provided an in-depth staff report and responded to Council questions.

Public Comments:

Ellie Washington
Kevin Harris
Maxine Castillo
Dave Christy
Barry Price
---End of Public Comment---
Motion By Council Member Marx
Second By Council Member Francis
Adopt Resolution No. 11501 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Fiscal Year 2024-25 Budget” and approve the allocations as stated in the Supplemental Budget document with the following addition:

Amend the SLO REP Challenge Grant in the amount of $2.76 million and utilize Infrastructure Investment Fund dollars designated for Prado Road and Bridge Widening project and prioritize Infrastructure Investment Fund reimbursement with undesignated General Fund Balance at mid-year and future budget hearings as needed.

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

7. LIAISON REPORTS AND COMMUNICATIONS
Council Member Francis attended ASI Civic Day at Cal Poly, the RTA electric bus meet and greet, the City/University Quarterly lunch, and the Campus Planning Committee meeting.

Vice Mayor Pease attended the SLOCOG meeting.

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7 Council Member Marx attended a session of the SLO REP's children program, the Memorial Day ceremony at the American Legion, the IWMA executive committee, and went on a hike with the Northern Chumash Tribal Counsel on the Rollie/Twisselman property.

Council Member Shoresman attended Good Morning SLO, the Special Human Relations Commission meeting to discuss the reallocation of grant funds, and the SLO High School Community Service awards ceremony.

Mayor Stewart attended a couple of the SLO Blues games, rode the 2A bus with one of the Teamsters members and met with some of the drivers, attended the Diablo Decommissioning meeting, the five-year anniversary celebration of Sensorio opening, and participated in the State of the City presentation.

8. ADJOURNMENT
The meeting was adjourned at 9:26 p.m. The City Council will hold a Special Closed Session Meeting on Thursday, June 13, 2024 at 5:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.

The next Regular Meeting of the City Council will be held on June 18, 2024 with Closed Session at 4:30 p.m. in the Council Hearing Room and the Regular Meeting at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2024

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City of San Lu is Obispo, Council Memorandu m
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 18, 2024
TO: Mayor and Council
FROM: Aaron Floyd, Utilities Director
VIA: Whitney McDonald, Interim City Manager
SUBJECT: ITEM 6C – COLLECTION OF DELINQUENT SOLID WASTE

COLLECTION AND DISPOSAL ACCOUNTS
Item 6C, which was originally placed on the Consent Agenda, is recommended to be pulled for a public hearing to ensure the right of property owners to protest.

On June 4, 2024, City staff mailed 26 letters to the identified delinquent solid waste collection and disposal accounts notifying them of the Council date and lien process (refer to Attachment A for the list of delinquent accounts included in the Draft Resolution).

Additional noticing was conducted by San Luis Garbage, who provided City staff the attached “proof” or timeline of the noticing they conducted (Attachment B).

Staff received one protest as agenda correspondence (Attachment C) This resident is in active litigation with the property owner related to solid waste service at Creekside Mobilehome Community.

Due to the ongoing litigation between the solid waste account holder and Creekside Mobilehome Community, staff recommends that this address (3960 South Higuera Street, Space 44) be pulled from the list of delinquent accounts.

Staff’s recommendation is to:
• Remove the property (3960 South Higuera Street, Space 44) from the list of delinquent accounts; and
• Hold a public hearing during the Council Business Item and Hearing Agenda of June 18, 2024 to allow for staff presentation, public comment, and formal protest.

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R _______
RESOLUTION NO. _______ (2024 SERIES)

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

OBISPO, CALIFORNIA, DIRECTING THE SAN LUIS OBISPO COUNTY

AUDITOR TO PLACE AMOUNTS DUE ON DELINQUENT SOLID WASTE

COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE

PROPERTIES PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTIONS 38790.1 & 25828, ET SEQ.

WHEREAS, Section 8.04.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for their services, and that owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once each year, the franchisee may take actions to collect fees from the owners of developed properties which have delinquent solid waste collection and disposal accounts; and
WHEREAS, the franchisee, San Luis Garbage Company, has taken the actions required within Section 8.04.070 of the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein; and WHEREAS, Government Code Section 38790.1 provides that any city collecting garbage fees or charges may collect delinquent fees or charges in the manner provided in Section 25831 for counties; and
WHEREAS, Government Code Section 25831 provides that upon the City complying with the procedural requirements set forth therein, the delinquent fees presented in a report adopted by the City Council shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the delinquent fees; and
WHEREAS, Government Code Section 25831 provides that the report of delinquent fees presented to and adopted by the Council shall be filed with the County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll, and further, that the lien created attaches upon recordation of the report.

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Resolution No. _______ (2024 Series) Page 2
R _______
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the San Luis Obispo County Auditor is hereby directed to place the amounts due on delinquent accounts as established and certified by franchisee San Luis Garbage Company as liens against the properties listed below.

Property Owner Parcel Number Property Address Amount
12 AT KE ONE ELE ELE A HI LLC
C/O HAL LASHLEE 053-514-004 1733 FARRIER CT 135.58
AIRTH, JAMES P 004-931-010 447 LAWRENCE DR 379.36
BOSTORM, RUTH D 052-203-004 1259 STAFFORD ST 670.26
CARROL, JEFF 004-945-071 556 STONERIDGE DR 112.66
CONWELL, HEATHER 052-155-007 28 S TASSAJARA DR 246.12

CREEKSIDE MOBILEHOME
COMMUNITY 910-001-214 3960 S HIGUERA ST SP44 171.82
DENGATE, LEANNE 052-237-010 474 HENDERSON AVE 140.42

ELEANOR SNYDER
C/O CHARLES SNYDER 003-564-007 1672 FAIRVIEW ST 245.80

FAY KINSEY
C/O SHARON WOODWARD 003-737-006 2046 KING ST 175.46
FLORES, CHERYL (TE) 003-746-035 2143 BROAD ST 592.72
GOLDSMITH, RICHARD 052-451-003 540 PRINCETON PL 371.94
JOHNSON, JUDY E 053-035-004 3057 S HIGUERA ST SP11 316.34 KARTHIKEYAN, DHINAKARAN 053-024-027 315 TRESANA LN 102.74 LELAC INVESTMENTS LLC 052-324-006 1621 MCCOLLUM ST 120.42 LIVE OAK RENTALS LLC 001-135-007 859 CALIFORNIA BLVD 317.62 LOTIERZO, ROBERT J 002-511-006 415 DANA ST APT 1 113.20 MOROSIN, JAMES 052-473-014 282 LUNETA DR 126.50
RUKERI INC 003-652-018 2021 SWAZEY ST 155.86

RUKERI INC
C/O STEVEN FERRARIO 052-231-013 1866 LOOMIS ST APT A 188.54 SNYDER, CHARLES 053-182-029 3191 S HIGUERA ST 592.72
SNYDER, CHARLES 003-645-008 1815 CHORRO ST 245.80
TERRICK, POULA 053-034-018 3057 S HIGUERA ST SP28 316.34

TWO BROTHERS SAN LUIS
ENTS LLC 003-616-021 1519 NIPOMO ST 211.32
WILLIE LESSIER C/O ERIC REED 003-631-009 640 LEFF ST 402.36 ZHENG, QI 004-611-050 1351 ROYAL WAY APT 18 246.12

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Resolution No. _______ (2024 Series) Page 3
R _______
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

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06/03/2024
RE: Tax Lien for City of San Luis Obispo 2024/2025 tax roll 01/23/2024-Received email from Meg Buckingham to provide the date as to which we need to provide a final listing for the 2024 tax roll for property tax liens.
03/15/2024-All customers that are more than 120 days past due with a balance of more than $50.00 are sent a certified letter. (see provided sample). Provided customer with a final date to provide payment to our office of 05/15/2024. (ordinance requires minimum 45 days, we allowed for a total of 60 days for payment) 05/22/2024-A finalized listing of the customers that were sent certified letters and are still delinquent emailed to Meg Buckingham to be placed on the property tax roll 2024/2025.

Should you have any questions regarding our procedures, please feel free to reach out to our office.

Sincerely,
Amber Castro
Collections Administrator
805-783-4495
[email protected]

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EarlConaway <
To: E-mailCouncil Website; LawClerk
Subject: PublicComment (6/18CityCouncil Meeting)
This message isfrom anExternal Source. Use caution when deciding toopen attachments, click links, orrespond.

ToWhomItMayConcern,
Iamwritingonbehalfofmyclients, HugoandDeborahSantana, whoreceivednoticeofanalleged delinquentsolidwastedisposalandcollectionaccount, yesterdayJune17, astheywereheadingoutof stateforvacation. ThereasontheydidnotreceivenoticeuntilyesterdayisduetothefactthatMs.

Buckingham'sletternotifyingthemoftoday'shearingwassenttothewrongaddress (theletterwas mailedtoagenericaddresswithouttheSantanasspacenumber).

TheSantanasallegeddelinquentaccountisontoday'sCityCouncilagendaitem6c. TheSantanasare requestingacontinuanceofanydecisionregardingtheiraccount (and/orlienontheirproperty) untilthey returntoCalifornianextweek. TheSantanasareveryconcerned andwouldliketobeheardastheir accountwithSanLuisGarbagewasopenedwithouttheirconsentortheirneedandwasthedirectresult oftheirpropertyownerunilaterally (andillegally) amendingthetermsoftheirleaseagreementwhich providedforfreewasteremovalatthepropertyowner'scosttonowbeingtheSantanaspersonal responsibility.

Yourcourtesyandcooperationinthisregardisverymuchappreciated.

EarlE. Conaway, III, Esq.

EarlE. Conaway, III
EARLE. CONAWAY, III, APROFESSIONAL LAWCORPORATION
1320OsosStreet
SanLuisObispo, CA93401
T: (805) 546-8797
F: (888) 466-8702
[email protected]

CONFIDENTIALITY NOTICE
Thiselectronic mailtransmission isprivileged and confidential andisintended onlyforthereviewofthepartyto whomitis addressed. Ifthereaderofthise-mailisnottheaddressee, youarehereby notified thatanydissemination or copying ofthiscommunication isstrictlyprohibited andmaybeinviolation ofStateand/orFederal laws. Ifyouhave 1 MEETING DATE: 6/18/2024
ITEM NO: 6c
Received
6/18/2024

SLO CITY CLERK

Page 28 of 767 ends

received thistransmission inerror, please immediately contact thesender at805-546-8797anddelete itfromyoursystem. Unintended transmission shallnotconstitute waiverof theattorney-clientoranyotherprivilege. 2

Page 29 of 767 ends

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Item 6c
Department: Utilities
Cost Center: 6107
For Agenda of: 6/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Chris Lehman, Deputy Director – Wastewater Meg Buckingham, Solid Waste and Recycling Program Manager SUBJECT: COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND

DISPOSAL ACCOUNTS

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

POLICY CONTEXT
On an annual basis, the City Council directs the collection of past due solid waste collection and disposal accounts to the San Luis Obispo County Auditor if the actions prescribed in the Municipal Code to collect the fees are unsuccessful.

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

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

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

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

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

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

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Item 6c
In adherence to the Municipal Code, San Luis Garbage Company has presented the City with a list of property owners whose accounts were more than 120 days past due, has sent certified letters to those property owners requesting payment, and after 30 days of receipt of delivery certification for payment requests, has presented the City with a final list of property owners whose accounts are still past due.

The Resolution (Attachment A) directs the San Luis Obispo County Auditor to place the amounts due on delinquent accounts as liens against the properties.

Previous Council or Advisory Body Action
The process of directing the San Luis Obispo County Auditor to place delinquent solid waste and disposal accounts as liens against the properties occurs annually.

Public Engagement
San Luis Garbage Company has sent certified letters to past due property owners requesting payment (Attachment B). City staff has sent letters to past due property owners with information on the lien process and the public hearing date (Attachment C).

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

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

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

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

Total $0 $ $ $

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Item 6c
There is no direct fiscal impact to the City as the franchisee (San Luis Garbage) is responsible for collecting all fees for solid waste and disposal. Administration of the franchise is accounted for in the City’s Solid Waste and Recycling program, included in the two-year Financial Plan.

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

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

ATTACHMENTS
A - Draft Resolution directing the collection of delinquent Solid Waste Collection and Disposal Accounts
B - Sample Delinquent Letter from the Garbage Company
C - Sample Delinquent Letter from the City of San Luis Obispo

Page 33 of 767 ends

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R _______
RESOLUTION NO. _______ (2024 SERIES)

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

OBISPO, CALIFORNIA, DIRECTING THE SAN LUIS OBISPO COUNTY

AUDITOR TO PLACE AMOUNTS DUE ON DELINQUENT SOLID WASTE

COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE

PROPERTIES PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTIONS 38790.1 & 25828, ET SEQ.

Page 35 of 767 ends

CREEKSIDE MOBILEHOME
COMMUNITY 910-001-214 3960 S HIGUERA ST SP44 171.82
DENGATE, LEANNE 052-237-010 474 HENDERSON AVE 140.42

ELEANOR SNYDER
C/O CHARLES SNYDER 003-564-007 1672 FAIRVIEW ST 245.80

TWO BROTHERS SAN LUIS
ENTS LLC 003-616-021 1519 NIPOMO ST 211.32
WILLIE LESSIER C/O ERIC REED 003-631-009 640 LEFF ST 402.36 ZHENG, QI 004-611-050 1351 ROYAL WAY APT 18 246.12

Page 36 of 767 ends

Resolution No. _______ (2024 Series) Page 3
R _______
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

Page 37 of 767 ends

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SAN LUIS GARBAGE <<DATE>>
4388 OLD SANTA FE RD
SAN LUIS OBISPO CA 93401
<<CUSTOMER NAME>> Regarding service address:
<<BILLING ADDRESS>> <<SERVICE ADDRESS>>
<<BILLING ADDRESS>> <<SERVICE ADDRESS>>
RE: Past due account number: <<ACCOUNT NUMBER>>
Dear <<CUSTOMER NAME>>,
This is a reminder that we have not received payment on your past due account. The past due balance of $XX.XX must be paid by April 30, 2024. If payment is not made, the past due amount will be sent to the San Luis Obispo County Assessor to place a lien on your property.

Please contact our collections department at 805-783-4495 or our office at 805-489-4246 between the hours of 8am-4:30pm, Monday-Friday to discuss resolution of your account. You must contact us before April 30, 2024 to ensure your credit will not be affected.

If you have already mailed your payment, thank you and please disregard this letter.

Sincerely,

SAN LUIS GARBAGE
Collections Department
Account: <<CUSTOMER NAME>>
Account Number: <<ACCOUNT NUMBER>>
Past due balance: $XX.XX
Unbilled Current 30 days 60 days 90 days Fin. Chrg Total Due $0.00 $0.00 $0.00 $0.00 $XX.XX $XX.XX $XX.XX

Page 39 of 767 ends

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City of San Lu is Obispo, Public Utilities, 879 Morro Street, San Luis Obispo, CA , 93401-2 710, 80 5.781.7 215, slocity. org <<DATE>>
<<BILLING NAME>> Regarding Service Address:
<<MAILING ADDRESS>> <<SERVICE ADDRESS>>
<<MAILING ADDRESS>> <<SERVICE ADDRESS>>

NOTIFICATION OF CITY COUNCIL PUBLIC HEARING REGARDING DELINQUENT

SOLID WASTE DISPOSAL AND COLLECTION ACCOUNTS
Dear <<CUSTOMER NAME>>,
Per San Luis Obispo Municipal Code Section 8.04.070, the owner of a developed property shall be responsible and liable for paying the waste collection and disposal fees for that property. Once a year, San Luis Garbage Company is to notify property owners with delinquent solid waste accounts of the amount due. After the due date, San Luis Garbage Company is to present the City with a list of property owners that failed to pay the past due amount.

This letter is to notify you that San Luis Garbage has taken the actions required within Municipal Code Section 8.04.070 to collect fees from delinquent accounts and presented you with a due date of April 30, 2024. As of the date of this letter, San Luis Garbage Company has not received payment for the past due account. Your property is listed as a delinquent account and will be reported to the San Luis Obispo City Council during a public hearing, where the Council will hear any objections or protests to the report, if any, and vote to adopt a Resolution authorizing the San Luis Obispo County Auditor to place amounts due on delinquent solid waste collection accounts as tax liens against the properties. The City Council Public Hearing will be held on Tuesday, June 18, 2024, beginning at 5:30 PM in City Hall at 990 Palm Street, San Luis Obispo, CA.

Should you have questions regarding your delinquent account, please contact San Luis Garbage Company at (805) 543-0875. If you have questions regarding the City Council Public Hearing process, please contact me via email at [email protected] or by phone at (805) 783-7850.

Sincerely,
Meg Buckingham
Solid Waste and Recycling Program Manager
City of San Luis Obispo

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Item 6d
Department: Administration
Cost Center: 1021
For Agenda of: 6/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Kevin Christian, Deputy City Clerk
SUBJECT: ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES:

PARKS AND RECREATION COMMISSION AND HUMAN RELATIONS

COMMISSION

RECOMMENDATION
Confirm the appointment of Yukie Murphy to the Parks and Recreation Commission (PRC) and Mason Ambrosio to the Human Relations Commission (HRC), both to fill unscheduled vacancies with a term ending date of March 31, 2026.

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

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

Additionally, the Maddy Act limits the posting for upcoming vacancies to be no more than twenty days in advance of vacancies and that posting must be publicly available for at least ten days. Posting for these vacancies were made in compliance with the Maddy Act.

DISCUSSION
Per the City Council Policies and Procedures, each City Advisory Body has a respective City Council sub-committee (“sub-committee”), generally consisting of two Council members, with several having only one Council member assigned. Membership on the sub-committees is assigned annually. One of the duties of the sub-committee is to interview advisory body candidates and make recommendations to the full City Council for appointment of citizens to the respective Advisory Body.

Page 43 of 767 ends

Item 6d
Parks and Recreation Commission: The City Clerk’s office was made aware of an impending resignation on the PRC in April 2024, when a member notified the office that they plan to move out of the area, noting that their last meeting would be June 5, 2024.

The Annual Advisory Body Recruitment ran from November 2023, through January 2024, with appointments being made in March of 2024. Per the Advisory Body Handbook, Section C, Membership Qualifications and Appointment Process, the candidate being recommended for appointment interviewed previously during the 2023-24 Annual Recruitment process.

Human Relations Commission: The City Clerk’s office received a resignation from a member of the HRC immediately following their May 1, 2024, meeting. Per the Advisory Body Handbook, Section C, Membership Qualifications and Appointment Process, qualified but not selected candidates, vetted during the past two annual Advisory Body Recruitments, were invited to interview for this unscheduled vacancy. Three of four candidates expressed continued interest in the position, one withdrew due to timecommitment restraints, with the final two being re-interviewed in late May.

Public Engagement
Notices that the City was accepting applications for City Advisory Bodies Annual Recruitment were placed on the City’s website and “e-notification” service, listed in the annual Local Appointments List (Maddy Act Notice – GC 54972) on the City Website and City Information kiosk, and distributed via City social media outlets, in late November 2023. A notice that the City was specifically recruiting for the current unscheduled HRC vacancy was posted on May 1, 2024 and for the current unscheduled PRC vacancy on May 20, 2024, in the City Information kiosk outside City Hall and on the Advisory Body Vacancies page of the City website, following Maddy Act guidelines.

CONCURRENCE
The Council liaisons for the HRC and PRC concur with the respective recommendations.

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.

Page 44 of 767 ends

Item 6d

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

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

Total $ $ $ $ N/A*
*Advisory body members serve as volunteers and donate their time. The costs related to recruitment are accounted for in the annual budget appropriation in the City Clerk program.

ALTERNATIVES
Council could recommend changes to the two subcommittee’s recommended appointments or direct staff to re-open recruitment for additional candidates. This action is not recommended as the Advisory Body annual recruitment yielded multiple qualified candidates and the Council sub-committee members have been thorough in their assessment of these candidates.

ATTACHMENTS
The candidate applications are available for review in the City Clerk’s office.

Page 45 of 767 ends

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 18, 2024
TO: Mayor and Council
FROM: Aaron Floyd, Utilities Director
VIA: Whitney McDonald, Interim City Manager
SUBJECT: ITEM 6E – AUTHORIZATION TO ADVERTISE A REQUEST FOR

QUALIFICATIONS FOR ON-CALL CONSTRUCTION MANAGEMENT

SERVICES, WATER AND WASTEWATER
Staff received the following question regarding evaluation criteria and point ranking for the proposed Request for Qualifications (RFQ) for On-Call Construction Management Services, Water and Wastewater. The question is shown below in bold with staff’s response shown in italics.
1) Are we able to provide local preference points or otherwise favor local vendors in the selection of contractors to serve on our list of on-call construction management firms for water and wastewater projects? Are there local firms, that we know of, capable in providing these types of services?
It is not recommended to include local preference points or otherwise favor a professional based solely on the business address of the firm. The proposed RFQ is for construction management (professional) services, and pursuant to California statute (Government Code §4525 - 4529.5) the City must adhere to a qualifications-based competitive procurement process. The code states:
“Notwithstanding any other provision of law, selection by a state and local agency head for professional services … shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.” The requirements of qualifications-based procurement do not identify location as a suitable qualification criterion.

Specifically, evaluation of the On-Call Construction Management (Water and Wastewater) proposals will be based on the following qualifications as listed in the draft RFQ (Section C: Proposal Content and Selection Process):

1. Understanding of the work involved in Construction Management work.

2. Demonstrated competence, professional qualifications of proposed staff.

3. Recent experience in successfully performing similar services.

4. Ability to respond quickly to work requests.

Page 47 of 767 ends

Item 6e – Authorization to Advertise a Request for Qualifications for On-Call Services Page 2 For example, demonstrated competence and qualifications (per evaluation criteria #2) may include a firm’s experience working in the City of San Luis Obispo and knowledge of local conditions, codes, and standards. In addition, a firm may also be able to demonstrate that they quickly respond to work requests, such as an urgent engineering field meeting (per evaluation criteria #4), based on the amount of time it may take to travel from their office to the project site.

The Department of Public Works’ on-call construction management professional services list does include local firms experienced in providing construction management services for general improvement projects, and staff anticipates some of these local firms, in addition to firms that do not have a local business address, will submit qualifications for this RFQ specific for water and wastewater projects. All firms that submit responses to the RFQ will be evaluated based on the qualifications-based criteria identified above.

In addition, staff wishes to clarify that the proposed RFQ is for professional services related to construction management and does not include construction contracts, which would be publicly bid independently.

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Item 6e
Department: Utilities
Cost Center: 6001 and 6101
For Agenda of: 6/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Miguel Barcenas, Deputy Director – Engineering and Planning Shawna Scott, Special Projects Manager
SUBJECT: AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS

FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES, WATER

AND WASTEWATER

RECOMMENDATION

1. Authorize the advertisement of Requests for Qualifications (RFQ) to establish an oncall consultant agreement for construction management services for water and wastewater projects; and

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

3. Authorize the Utilities Deputy Director of Engineering and Planning to amend or extend on-call agreements for services in accordance with its terms and within the available annual budget.

POLICY CONTEXT
On-call services is a best practices approach to efficient project delivery and is consistent with San Luis Obispo Municipal Code Section 3.24.070(C) (Authority to Hire Consultants).

Section 3.24.070 provides that bidding procedures do not apply to contracts involving acquisition of professional or specialized services, and selection of such services can be made from an approved list of on-call consultants that is established by a formal request for qualifications (RFQ) process. The section further provides that on-call consultant lists shall be renewed at least every five years by a new RFQ process.

DISCUSSION
Background
The City’s Capital Improvement Plan (CIP) implements Council priorities by including projects that build, maintain, and improve infrastructure. The CIP includes a mix of projects designed and managed exclusively by City staff as well as projects that use consultant services, including services provided by on-call consultants. This on-call service approach has been used successfully for many years, starting with survey services in 1998 and, in 2007, expanding to engineering, architecture, and other disciplines. The City’s CIP projects vary in size, and the RFQs generally draw local consulting firms familiar with the types of projects the City implements.

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Item 6e
While the Public Works Department maintains on-call agreements with construction management firms and manages CIP projects, the Utilities Department also manages and implements a variety of water and wastewater projects. The purpose of this separate RFQ process is to establish on-call agreements with construction management firms that have specialized or similar experience with water treatment and distribution, and wastewater collections and treatment projects. The City Utilities Department has utilized construction management services for projects including but not limited to the Water Resource Recovery Facility (WRRF) Upgrade and Calle Joaquin Lift Station project, enabling the Department to complete project delivery expectations while providing project management oversight over numerous water and wastewater projects.

Request for Qualifications Selection and Contract Management The RFQ model is used to identify the skill set of the consultants submitting qualifications.

RFQs enable City staff to determine how those qualifications align with future City projects. This is different from the project-specific Request for Proposals (RFP) model.

After evaluating the RFQ submittal packages, the top consultants will be selected to enter into an agreement with the City. Consultant selection is based on their demonstrated ability to provide the services proposed in a timely manner with qualified staff. Once the selected consultants enter into an agreement with the City, their services on an individual project are implemented rapidly, without the need for an individual RFP. Staff have the ability to, and often will, solicit project specific proposals from various consultants to ensure cost control. This also allows the City to address emergency work or unanticipated circumstances in an efficient manner. The competitive qualification process for these services positions the City to be able to submit claims for emergency work under the rationale that base services and costs were competitively qualified and selected prior to the emergency.

The selected consultant firms will remain on contract for four years, with the option to extend the contract one additional year. The consultants will operate under the conditions of the agreement included in the RFQ (Attachment A). The City’s Project Manager will work with the consultant to determine the final cost for the services, which are determined by the consultant’s scope of work and hourly rates for construction management services.

The specific project work will then be authorized via a Purchase Order through the Finance Department.

Public Engagement
The RFQ will be advertised to the public. Specific public engagement will occur for each specific project as needed and will conform to the City’s adopted Public Engagement Manual.

CONCURRENCE
The City Attorney’s office agrees to the form of the RFQ.

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Item 6e

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report because advertisement of a request for qualifications and establishment of on-call agreements with qualified construction management firms does not constitute a “Project” under State CEQA Guidelines Section 15378.

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

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

Total
There is no fiscal impact associated with establishing on-call service contracts with consultants because no specific funds are obligated or earmarked under these contracts.

After the agreements are executed by the City Manager, scoping meetings and Purchase Order issuance will follow obligating funding amounts and sources. Work will be billed to individual project accounts, within the authorized and appropriated project budgets.

ALTERNATIVES
Individual Project RFPs. Council can direct staff to proceed in the manner of issuing RFPs for construction management services for each individual project in the process outlined by the City’s Purchasing Guidelines. In this case, a company with greater experience in the specific work might be attracted; however, this process is very time consuming and increases the work required for an individual project, reducing overall project production. Staff does not recommend this approach because it increases the time to implement individual contracts, while providing minimal benefit.

ATTACHMENTS
A - Draft Request for Qualifications for On-call Construction Management Services, Water and Wastewater

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UTILITIES DEPARTMENT
DRAFT
Notice Requesting Qualifications
On-Call Construction Management Services, Water and Wastewater Specification No. XXXX.2024.CM
June 2024
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide Construction Management Services required for City Water and Wastewater projects pursuant to Specification No.

XXXX.2024.CM. The City proposes to select several qualified consultants to perform these services on an as-needed basis for specific individual projects for a contract term of four years.

Description of Services:

In general, required services shall consist of various construction management services related to the City’s Utility Department Capital Improvement Plan or other City Public Utility projects to ensure projects are constructed in accordance with the contract documents and City requirements.

Qualification Submittal Deadline:

All firms interested in receiving further correspondence regarding this Request for Qualifications will be required to complete a free registration using Bidsync (https://www.bidsync.com/bidsync-cas/). All qualifications packages must be received via Bidsync at or before 2:00 PM on August 1, 2024.

Submittals received after said time will not be considered. Proposals shall be submitted using the forms provided in the specification package.

Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.

A list of companies that have viewed the Request for Qualifications is provided on the BidSync Portal.

Questions
Contact Miguel Barcenas at (805) 781-7507 or [email protected] with any questions regarding this Request for Qualifications.

Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of agreements financed in whole or in part with federal funds.

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On-Call Construction Management Services – Public Utilities Department Page 2 of 23 Specification No. XXXX.2024.CM

TABLE OF CONTENTS
SECTION A: DESCRIPTION OF WORK......................................................................................................................3 SECTION B: GENERAL TERMS AND CONDITIONS .................................................................................................7 SECTION C: PROPOSAL CONTENT AND SELECTION PROCESS .........................................................................9 PROPOSAL CONTENT ...........................................................................................................................................9 PROPOSAL EVALUATION AND CONSULTANT SELECTION ..............................................................................9 SECTION D: PROPOSAL SUBMITTAL FORMS .......................................................................................................11 ACKNOWLEDGEMENT .........................................................................................................................................11 INSURANCE CERTIFICATE..................................................................................................................................11 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS...............................................................................12 REFERENCES .......................................................................................................................................................12 SECTION E: INSURANCE REQUIREMENTS: Consultant Services .........................................................................14 SECTION F: FORM OF AGREEMENT ......................................................................................................................15 SECTION G: APPENDICES.......................................................................................................................................23 Appendix 1: Federally Funded Contract Forms......................................................................................................23

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On-Call Construction Management Services – Public Utilities Department Page 3 of 23 SECTION A: DESCRIPTION OF WORK
The City is looking for consultants interested in working with the City’s Public Utilities Planning and Engineering staff to manage Capital Improvement Plan projects during construction.

Background
This Request for Qualification (RFQ) is to develop a four-year agreement with qualified consultants to provide construction management and other related services for the City Public Utilities Department’s Capital Improvement Plan (CIP). In recent years, construction management has been performed by a combination of City Engineering staff and/or outside consultants depending on the number of projects entering construction at a given time.

The City is requesting qualifications from Construction Management consultants to provide inspection services.

Agreements will be executed with the top ranked consults. These consultants will be used to complete Construction Management work associated with current and future Capital Improvement Plans for sewer and water projects.

These consultants will be used to complete construction management work associated with the City Public Utilities Department’s Capital Improvement Plan projects.

Goals/Expectations for Construction Management:
• Effectively manage the construction of the City’s CIP projects. • Maintain open communication between consultant staff and City staff during all phases of the project. • Preserve the integrity of the design and concept of the project. • Ensure the project is constructed to the highest quality in compliance with Contract Documents. • Minimize exposure to claims and litigation.
• Manage the cost of Capital Improvement Plan projects and stay within approved budgets.

Workscope – Construction Management (CM):

The City is looking for consultants who specialize in construction management of public projects. Construction Management firms without public project experience will still be considered.

Consultants should expect to perform a variety of construction management and inspection services necessary to properly manage construction contracts and to ensure projects are built per contract requirements. Experience with water and wastewater treatment facilities is preferred, but not required.

Project work is generally not full time. Services must be available on a part time basis.

City staff will be responsible for advertising construction projects, answering all questions and issuing addenda as needed during the bid process, collecting and opening bids, and awarding construction contracts.

Typical project services will generally be as follows and may be amended by the City at any time:

Design Phase:

1. Provide design staff with constructability reviews of draft plans and specifications.

CM Responsibilities Prior to Construction:

1. Review project plans and contract documents.

2. Review questions with City’s project manager and project engineer/architect.

3. Review pay quantities for awareness.

4. Review insurance and bonding requirements to ensure the contractor’s compliance.

5. Review status of permits and approvals that will be needed on the project prior to start of work.

6. Prepare and maintain Project Manual, using a cloud-based software with the following information:
- Contacts
- Encroachment Permit
- Special Provisions
- Bid Items
- Pre-construction (Include following items under this tab:) • Notice to Proceed and Notice of Pre-Construction (PRECON) Conference (City to provide copy) • PRECON Sign In Sheet

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On-Call Construction Management Services – Public Utilities Department Page 4 of 23 • PRECON Agenda
• PRECON Meeting Minutes
• List of Subcontractors
• Form DAS 13 (City to provide copy)
• Equipment List (PRECON Submittal)
- Emergency Contacts (PRECON Submittal)
- Schedule (PRECON Submittal)
- Daily Records
- RFI (Request for Information)
- CRB (Cost Request Bulletins)
- Work Change Directives (WCD)
- Claims
- Correspondence
- Notifications
- Submittals
- Maintenance of Plant Operation (MOPO)
- Start-up and Commissioning plans
- Extra Work Tickets
- Change Orders
- Working Days (City to Provide Calendar – annotate following) • Rain Day
• Contract Day – No Work
• Contract Day
• Holiday
- Material Tickets
- Testing
- Certified Payroll
- Maintenance and Operation Manuals
- Spare part tracker
- Warranty deficiencies
- Punch List
- Traffic Control
- Recommendation for Acceptance

7. Become familiar with applicable standard specifications, standard drawings and details.

8. Note critical items and unusual conditions.

9. Walk the project site and photograph or video the work area and site conditions prior to construction.

10. Verify coordination needed for city crews and outside utility companies.

11. Meet with staff prior to pre-construction conference.

12. Evaluate potential environmental impacts and mitigation measures.

13. Update compliance with Mitigation Monitoring and Reporting Program (MMRP).

14. Update compliance with Stormwater Pollution Prevention Plan and dewatering requirements.

Pre-Construction Conference:

1. City staff will schedule the meeting; invite contractor, consultant, affected City staff, utility companies and regulating agencies.

2. The pre-construction meeting will be conducted by consultant staff and held in a City building. City staff assigned to the project will attend to answer any unusual questions.

3. The CM firm conducting the meeting must understand that the pre-construction conference sets the tone for the project. It is the contractor’s first impression of the City/ Consultant staff and how we operate. Be on time, professional, organized, knowledgeable of the project, and convey any special requirements or concerns. a. Provide a sign in sheet for all attendees.
b. Keep meeting minutes that show subjects discussed, directions given, and responses received. c. Document items submitted by the contractor such as: the emergency response sheet, schedule, submittals and other items of importance.
d. Confirm the authority and responsibility of all parties involved. e. Verify the start date of construction.
f. Address the concerns and needs of affected utility companies. g. Discuss unusual working conditions and permit requirements.

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On-Call Construction Management Services – Public Utilities Department Page 5 of 23 h. Verify that the contractor will give proper notification to the residents and businesses of the start date of construction and what kind of work is being performed.
i. Discuss liquidated damages.
j. Discuss potential challenges related to site logistics and access during construction.

After Pre-Construction Conference:

1. Review progress schedules submitted by the contractor and accept when satisfactory.

2. Log and review submittals and shop drawings as needed. Route submittals as needed for project engineer/architect’s approval. Do not exceed the turnaround time.

3. Document any approved changes to the scheduled start date with a change order for City execution.

4. Disburse pre-construction meeting minutes.

5. Conduct regular site visits to monitor and document site conditions and potential risks.

During Construction:

1. Inspect and perform construction management services to ensure the project is built as designed and specified.

2. Log and route requests for information (RFIs).

3. Prepare and route Draft Change Orders as required.

4. Prepare correspondence necessary to maintain control over the construction contract.

5. Coordinate materials testing for project with approved testing laboratories.

6. Notify City contact at any point in the project when a dispute arises, an unknown condition is discovered or at any time the contractor believes extra work / change order work is warranted.

7. Daily: document manpower, equipment and materials used on site, separate activities, hours and resources by pay item. Document Inspector arrival/departure time from site.

8. Notify contractor of any unacceptable condition or workmanship. Do not vary from the project specifications or design without the authority or approval of the engineer. Document the approved change.

9. Document any conversations that could be significant in the event a claim or dispute.

10. Check site safety and signing.

11. Check for public safety and compliance to the approved traffic control plan.

12. Respond to basic public inquires. Refer more complicated inquires to appropriate City staff.

13. Verify stormwater controls are in place and in good condition.

14. Verify layout, operations and intent of work with the contractor.

15. Examine all material to be used for contract compliance and if rejected have it removed from the job.

Document findings. Follow City Quality Assurance Program guidelines and tracking sheets.

16. Review schedules and specifications for upcoming work.

17. Be alert to changes in the character of work and site conditions.

18. Document any delays including the cause and time of day.

19. Complete a weekly statement of working days. Keep current and give a copy to the contractor.

20. Document the approved Force Account work on the appropriate forms daily.

21. Maintain records of disputed work
a. Maintain a daily diary of craft of workers, equipment, operations and hours spent on each item. b. Obtain agreement and sign off of job supervisor of the documented operation performed with written reservation to the validity of the claim.
c. Review the plans and specifications for legitimacy of contractors claim. d. Discuss with construction manager to minimize impacts if the City is liable. e. Note statements of concern made by the contractor in your diary. f. Conduct an ongoing evaluation of operations and materials used.

22. Maintain open communication with the contractor.

23. Note your approval or rejection of material and work.

24. Conduct periodic meetings with contractor and interested parties as is appropriate or as required by project specifications.

25. Review certified payroll forms for compliance with State and Federal regulations governing the payment of prevailing wages.

26. Monitor the subcontractors used on the project for compliance with the contractors listing requirements. Do not allow substitution of subcontractors unless proper procedures are followed.

27. Notify City contact if the contractor is in non-compliance with prevailing wage requirements and use of subcontractors on the project.

28. On federally financed contracts constantly monitor for compliance of federal wage requirements, Poster boards, DBE requirements and EEO notifications.

29. Review project progress, proposed change orders and notification to the project with the design engineer.

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On-Call Construction Management Services – Public Utilities Department Page 6 of 23

30. Monitor and notify the contractor if he is not meeting his schedule.

31. Always stay ahead of the contractor by reading plans and specifications.

32. On a daily basis, maintain a set of Record Drawings.

33. At the end of each month assist the City with Pay Estimates:
a. Measure all work performed during the month, using the pay items. b. Provide any back up documentation such as tonnage slips.

34. Monitor and document compliance with environmental permits and regulations.

Construction Close Out:

1. Review project for acceptance of workmanship and materials.

2. Review site with the design project manager for acceptance.

3. Compile a punch list of deficiencies.

4. Notify the contractor and re-inspect when the contractor is ready. Working days are in effect until all contract items are complete.

5. Collect and file or distribute maintenance manuals and operating instructions of equipment installed as it applies to the project specifications.

6. Assist with scheduling the training for City maintenance staff if training is required in the project specifications.

7. Compile and review record drawings, make changes or have changes made as required.

8. Draft and Submit Recommendation for Acceptance to City following Project Completion.

9. Within 2 weeks of project completion, prepare and chair a post construction meeting with the design engineer and staff involved with the project to discuss the pros and cons. Prepare a complete critique of the project for the meeting.

10. Verify the completion of all environmental mitigation measures and obtain necessary clearances.

Project Close Out:

1. Complete project close out and turn all records over to the City within 2 weeks. The City field staff assigned to the project will confirm the accuracy and pass them on to the designer.

Agreement Management:

The selected consultant will be expected to assign a single point person who understands the overall agreement and can manage work efforts associated with it.

Consultant shall meet with project manager to discuss project in order to develop a project workscope and cost proposal. The City will evaluate the proposal upon receipt and negotiate workscope further as needed. The consultant will receive a Purchase Order after the project work scope and cost proposal has been accepted, signaling the start of the project work.

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On-Call Construction Management Services – Public Utilities Department Page 7 of 23 SECTION B: GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFQ specifications.

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 must be received via Bidsync by the City Public Utilities Department at or before 2:00 PM on August 1, 2024. No hard copy or 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. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.

The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract award. Consultant acknowledges that, should the City award Consultant a contract for services, Consultant must agree to and comply with the City’s insurance requirements. The City’s insurance requirements are detailed in Section E.

4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFQ package.

5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in the RFQ package.

6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Public Utilities Deputy Director of Engineering and Planning for its withdrawal, in which event the proposal will not be opened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. All proposals will be opened and declared publicly. Consultants or their representatives are invited to be present at the opening of the proposals.

7. 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 sub-proposal to a Consultant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Consultants submitting proposals.

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

9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted.

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On-Call Construction Management Services – Public Utilities Department Page 8 of 23

CONTRACT AWARD AND EXECUTION

10. Proposal Retention and Award. The City reserves the right to retain all proposals for 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.

11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner, all information that the City deems necessary to make such a decision.

12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by e-mail to it at the address given in its proposal. The Consultant expressly acknowledges and agrees that the contract shall be made in the form adopted by the City and incorporated in these specifications as Section F.

13. 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.

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

15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a Consultant's bond or security is required; and an award may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made.

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On-Call Construction Management Services – Public Utilities Department Page 9 of 23 SECTION C: PROPOSAL CONTENT AND SELECTION PROCESS

PROPOSAL CONTENT

1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications

2. Qualifications
a. Experience in Construction management for public agencies, coupled with any additional qualifications or specialties that uniquely position your team to effectively contribute to the success of City Water and Wastewater projects.
b. Experience of the staff to be assigned to this work in performing similar services. c. Redundancy in the company of staff experienced in this type of work. d. Resumes of the individuals who would be assigned to this project, including any known sub-consultants. e. Proximity and staffing levels of the nearest company office. f. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project.
g. Standard hourly billing rates for consultant and sub-consultant staff. h. Detailed list of standard services available directly from the company.

3. Work Program
a. Description of your approach to completing the work
b. Services or data anticipated to be provided by the City. c. Any other information that would assist us in making this contract award decision.

4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged.
b. Proposal documents must be received via Bidsync. No hard copy or FAX submittals will be accepted.

PROPOSAL EVALUATION AND CONSULTANT SELECTION
Qualification proposals will be evaluated by a review committee and contract award process as follows:

5. Written Proposal Review/Finalist Candidate Selection Evaluation of the qualification proposals will be based on the following qualifications:

1. Understanding of the work involved in Construction Management work.

2. Demonstrated competence, professional qualifications of proposed staff.

3. Recent experience in successfully performing similar services.

4. Ability to respond quickly to work requests.

Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above criteria. Where one or more qualification proposals are rated consistently higher than others, the consultants may be selected as the top ranked consultants for purposes of contract negotiation.

Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be selected for followup interviews and presentations, or requests for additional clarifying information, before the final top point-system ranked consultants for contract negotiation are determined.

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On-Call Construction Management Services – Public Utilities Department Page 10 of 23

6. Proposal Review and Award Schedule (DRAFT)
The following is an outline of the anticipated schedule for proposal review and contract award:

Issue RFQ ........................................................ June 20, 2024 Receive qualification proposals.......................August 1, 2024 Complete proposal evaluation.......................August 22, 2024 Award contract.......................................... September 5, 2024 Execute contract..................................... September 19, 2024

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On-Call Construction Management Services – Public Utilities Department Page 11 of 23 SECTION D: PROPOSAL SUBMITTAL FORMS

ACKNOWLEDGEMENT
The undersigned declares that she, he, or they:
 Has carefully examined Specification No. XXXX.2024.CM.  Is thoroughly familiar with its content.
 Is authorized to represent the proposing firm; and
 Agrees to perform the work as set forth in the specification and this proposal. 
The undersigned further acknowledges that the proposal and all other material submitted in response to this RFQ may be subject to public disclosure as required by law.

Firm Name and Address:

Contact Name:

Email: Fax: Phone:

Signature of Authorized Representative: Date:

INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached

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On-Call Construction Management Services – Public Utilities Department Page 12 of 23

STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the 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 No If yes, explain the circumstances.

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 Consultant Representative

REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under 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.

Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome

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On-Call Construction Management Services – Public Utilities Department Page 13 of 23 Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome

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On-Call Construction Management Services – Public Utilities Department Page 14 of 23 SECTION E: INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or sub-consultants.

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

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).

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 shall maintain limits no less than:

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

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

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

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 or self-insured retentions as respects the 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. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed 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. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

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

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified mail, return receipt requested, will be provided.

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.

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On-Call Construction Management Services – Public Utilities Department Page 15 of 23 SECTION F: FORM OF AGREEMENT

AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _____________ 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], requested proposals for Civil Engineering Design Services per Specification No. 5009.2024.CM.

WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services.

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

1. Contract Term for On-Call Service Contracts. The term of this agreement shall be from the date this Agreement is made and entered, as first written above. Services identified in this specification will be contracted by the City for four years. Actual work may extend beyond the final date.

2. Cost Increases for On-Call Service Contracts and Contract Extension. Labor rates during the contract term may be increased on an annual basis to reflect projected increases in labor costs and overhead provided those increases are incorporated into the Consultant’s Proposal, which is incorporated into this agreement by reference.

The term of the contract may be extended by mutual consent for an additional year. During this extended period, labor rates may be increased to reflect increased labor rates and overhead provided the City is notified and those increases are incorporated into the extension.

3. 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, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.

4. Termination for Cause. 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.

If the Consultant has not performed the work or cured the deficiency within the ten days specified 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, or rights 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, or in any manner waived by the termination thereof.

In said event, the Consultant shall be entitled to the reasonable value of its services 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 or services as of the 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

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On-Call Construction Management Services – Public Utilities Department Page 16 of 23 performed or provided by the Consultant shall be based solely on the City's assessment of the value of the workin-progress in completing the overall workscope.

The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal.

5. Termination for Convenience. The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. Upon termination notice from the City, Consultant must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination.

6. 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 any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations.

7. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract shall contain all provisions of this agreement.

8. 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.

9. 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's inspection and approval.

The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements.

10. 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 of inspecting and/or auditing all records.

For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested.

11. 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 City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest Statement where determined necessary by the City.

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 interest shall be employed. The Consultant certifies that no one who has or will 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.

12. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate

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On-Call Construction Management Services – Public Utilities Department Page 17 of 23 the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

13. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

14. 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 Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work.

15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay within the scope of Consultant’s performance of the contracted services.

16. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application fees for permits required for the completion of the project including building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check.

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

18. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its 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 or injury to the public and employees.

19. 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 is injured 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 began work.

20. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

21. 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.

22. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the 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 defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have

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On-Call Construction Management Services – Public Utilities Department Page 18 of 23 known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects 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 Consultant to achieve the project’s objective or standard beyond the amounts provided therefor 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 specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants 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.

23. Hold Harmless and Indemnification. 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 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 its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s passive negligence, except for such loss or damage arising from the sole or active 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.

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 of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

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. Standards. Documents shall conform to City Standards and City furnished templates shall be used.

26. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required.

27. Required Deliverable Products and Revisions. The Consultant will be required to provide documents addressing all elements of the workscope. Plans shall be prepared using City’s standardized title blocks and coversheets. Draft plans may be submitted for review using either the full 24x36, 22x34, or a reduced 11x17 format. Consultant shall ensure that drawings and notes are clearly legible if using the reduced format.

Specifications and bid documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications and Engineering Standards must be incorporated where applicable.

City staff will review any documents or materials provided by the Consultant and, where necessary, the Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes shall be made as requested or a notation made as to why the change is not appropriate. 2 copies of the draft preliminary reports, technical studies and 50% plans and estimate 1 copy of the final preliminary reports, technical studies plus markups 3 copies of the 90% plans, specifications and estimate plus 50% markups 1 copy of the 100% plans, specifications and estimate plus 90% markups 1 copy of the final plans, specifications and estimates plus 100% markups 1 copy of the final record drawings after construction

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On-Call Construction Management Services – Public Utilities Department Page 19 of 23 Draft reports and plan submittals shall be submitted as paper copies.

Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat format including all original stamps and signatures.

In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final specifications will also be required to be submitted in Microsoft Word format.

In the event the City will be completing the Record Drawings, the final plans will also be required to be submitted in AutoCAD.

Electronic files shall be submitted on CD and all files must be compatible with the Microsoft operating system.

Each CD must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in lieu of putting them on CD.

28. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports, documents, plans (including PDFs and AutoCAD files), specifications, and estimates produced as part of this contract will automatically be vested in the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process.

It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form, are intended for one-time use in the construction of the project for which this contract has been entered into.

The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects, except such use as may be authorized in writing by the Consultant.

29. 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 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 or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission.

30. 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 for the costs of duplicating of such copies at the Consultant's direct expense.

31. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to 1 public meeting to present and discuss its findings and recommendations.

Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks.

32. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s within two weeks of receipt of the information from the City.

33. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a proposed workscope, compensation and schedule within 10 working days. The cost proposal shall include all costs including miscellaneous direct cost items.

34. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and

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On-Call Construction Management Services – Public Utilities Department Page 20 of 23 miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. For purposes of City fiscal year auditing, invoices for work through June 30th of any year must be delivered to the City by the second full week of July. If the June invoice is not received, the consult must combine work completed in June and July into one July invoice for payment.

35. 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. Should the Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost to the City.

For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project by project basis.

The Consultant shall be reimbursed for hours worked at the hourly rates set forth in Consultant’s proposal attached to this agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel Administration rules.

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

37. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans, specifications and estimate, the Consultant may request review by the City Council of unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.

Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s Finance Director. Not later than 30 days after issuance of the final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues.

The request for review must be submitted in writing.

Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and timely performance in accordance with the terms of this contract.

38. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs” when project work is for a federally funded project. In order to ensure the State Department of Transportation achieves its federally mandated statewide overall DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this agreement. The City will make a determination on a project by project basis for reasonably expected DBE participation to compete for the sub-consulting opportunities in this agreement. The Consultant is responsible to be fully informed regarding the requirements of 49 CFR, Part 26.

The Consultant shall notify the City of any changes to its anticipated DBE participation on federally funded projects, maintain records of DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final payment. Records shall show the name and business address of each DBE and the total dollar amount actually paid to each.

The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the Consultant by the City.

The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of US DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the City deems appropriate.

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On-Call Construction Management Services – Public Utilities Department Page 21 of 23

39. Agreement Parties.

City: Miguel Barcenas
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
Consultant:

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.

40. Incorporation by Reference. City Request for Qualifications Specification No. XXXX.2024.CM and Consultant's proposal dated August 1, 2024, is attached to and made a part of this Agreement. Should there be any conflict between terms set forth in the City Request for Qualifications Specification No. XXXX.2024.CM and Consultant’s proposal dated August 1, 2024, the terms in this agreement and City Request for Qualifications Specification No. XXXX.2024.CM will govern.

41. 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 City Engineer.

42. Working Out of Scope. If, at any time during the project, the consultant is directed 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. If the Project Manager and Consultant both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such 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.

43. 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 herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.

For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification and incorporated documents.

44. Governing Law. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.

45. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party.

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

CITY OF SAN LUIS OBISPO: CONSULTANT:
___________________________________
Name of Company
___________________________________
Whitney McDonald, Interim City Manager By:

Name of CAO/President
Its: CAO/President

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On-Call Construction Management Services – Public Utilities Department Page 22 of 23 APPROVED AS TO FORM:
___________________________________
Christine Dietrick, City Attorney
(2nd signature required if Corporation):
________________________________
By:

Name of Corporate Officer
Its: ____________________

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On-Call Construction Management Services – Public Utilities Department Page 23 of 23 SECTION G: APPENDICES
Appendix 1: Federally Funded Contract Forms
Caltrans Local Assistance Procedures Manual requires the Consultant and the City to complete reporting forms for Federally Funded Contracts on a project-by-project basis.

At the time of federal project initiation, the Consultant will be required to furnish information to the City in order for the City to complete the require Local Agency Forms. The Consultant must complete and furnish to the City the forms required to be completed by the Consultant prior to the issuance of the project Purchase Order.

Local Assistance Procedures Manual forms may be obtained from the Caltrans website:
http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/lapmforms.htm .

Required forms include:

1. Exhibit 10-A: A&E Consultant Audit Request Letter and Checklist

2. Exhibit 10-B: Suggested Consultant Evaluation Sheet

3. Exhibit 10-C: Consultant Contract Reviewers Checklist

4. Exhibit 10-H: Sample Cost Proposal

5. Exhibit 10-I: Notice to Proposers DBE Information

6. Exhibit 10-K: Consultant Certification of Costs and Financial Management System

7. Exhibit 10-O1: Consultant Proposal DBE Commitment

8. Exhibit 10-O2: Consultant Contract DBE Information (Word version)

9. Exhibit 10-Q: Disclosure of Lobbying Activities

10. Exhibit 10-R: A&E Sample Contract Language

11. Exhibit 10-S: Consultant Performance Evaluation

12. Exhibit 10-T: Panel Member Conflict of Interest & Confidentiality Statement

13. Exhibit 10-U: Consultant in Management Position Conflict of Interest Statement

14. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)

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Item 6f
Department: Public Works
Cost Center: 5201
For Agenda of: 6/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Alexander Fuchs, Mobility Services Business Manager SUBJECT: AUTHORIZATION TO APPLY FOR FY 2023-24 LOW CARBON

TRANSPORTATION OPERATIONS PROGRAM (LCTOP) GRANT FUNDS

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager, or their designee, to file, execute, and fulfil any related Low Carbon Transportation Operations Program Grant Applications, Certifications, Assurances, Forms, Agreements, and Associated Documents on behalf of the City.”

POLICY CONTEXT
The City’s Financial Management Manual Section 740 requires that the City Council approve grant applications in excess of $5,000 and delegates receipt and contract execution to the City Manager if delegation is allowed by the grantor agency. The proposed applications request $376,368 in total between two proposed projects for Low Carbon Transportation Operations Program (LCTOP) funds.

The California Department of Transportation (Caltrans) is the grantor agency and allows for delegation of authority to the City Manager or their designee. Council approval via Resolution to file, execute, and fulfill documents related to the LCTOP grant application is required as part of the allocation request packages submitted to Caltrans by the City.

The LCTOP projects requested under this authorization are (1) $319,168 in funding for battery electric charging infrastructure for SLO Transit’s Bus Yard and (2) $57,200 in funding to serve as the local match for a battery electric cutaway bus to replace an existing gasoline-powered cutaway bus. Staff is seeking federal funding for the federal match portion of the battery electric bus.

These projects are consistent with the City’s 2023-25 Financial Plan Major City Goal of Climate Action, Open Space, and Sustainable Transportation. These projects are also consistent with the City’s Climate Action Plan and SLO Transit’s adopted Zero-Emission Rollout Plan.

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Item 6f

DISCUSSION
Background
LCTOP is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the State in 2014 by Senate Bill (SB) 862. Since FY 2015-16, SB 862 continuously provides five percent of the annual auction proceeds from the Greenhouse Gas Reduction Fund for LCTOP. LCTOP provides operating and capital assistance to transit agencies to reduce greenhouse gas emissions and to improve mobility, with a priority on serving disadvantaged communities. Projects approved for LCTOP funding must support new or expanded transit services or expand intermodal transit facilities and may include equipment and operating costs with each project reducing greenhouse gas emissions.

LCTOP is administered by Caltrans in coordination with the California Air Resources Board and the State Controller’s Office. Caltrans is responsible for ensuring that the statutory requirements of LCTOP are met in terms of project eligibility, greenhouse gas reduction, disadvantaged community prioritization, and other legal requirements.

Each year, the City of San Luis Obispo is eligible to apply for project funding via the LCTOP discretionary funds through a competitive application process. The region’s anticipated discretionary amount for FY 2023-24 is $788,075 and is available to all local eligible transit agencies in the county. Each transit operator in the county is also entitled to a portion of LCTOP funds based on a statewide formula. The City’s anticipated formulabased allocation for FY 2023-24 is $14,868. Both the discretionary and formula amounts may change depending upon revised numbers as determined by the State of California.

Typically, final funding amounts are not determined and disbursed to approved agencies until the first quarter of the following fiscal year. This means, if one or both projects are approved by Caltrans, the City will not receive the funds until FY 2024-25 even though the projects requested funding based on FY 2023-24 discretionary and formula amounts.

In the Fiscal Impact section of the report, staff has budgeted for project related revenues and expenditures in FY 2024-25 which are included in the Transit’s Fund Supplemental Budget that will be reviewed and considered by Council at the June 4, 2024, meeting.

Grant Application Process
San Luis Obispo Council of Governments (SLOCOG) is identified as a contributing agency for the LCTOP program and redirects funds to transit agencies. SLOCOG is also responsible for receiving, scoring, and ranking applications for LCTOP funding. Scoring is based on the following criteria: greenhouse gas emission reduction, need for project, cost-effectiveness and mode share, project readiness, and local match/leverage. Grant funds for applications can be partially or wholly approved by SLOCOG depending on the scoring results.

On December 6, 2023, SLOCOG’s Board of Directors approved a transit programming update including programming of LCTOP, State of Good Repair (SGR), and Rural Transit Fund (RTF) competitive grant programs. On December 15, 2023, SLOCOG notified local

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Item 6f
agencies of a call for projects for these programs. Agencies were to submit completed project applications to SLOCOG no later than February 9, 2024. The City submitted two project applications for LCTOP funds for (1) battery electric charging infrastructure for SLO Transit’s Bus Yard ($319,168) and (2) local match funding for a battery electric cutaway bus to replace an existing gasoline-powered cutaway bus ($57,200). Staff is currently seeking funding for the federal match component needed to purchase the battery electric cutaway bus.

SLOCOG staff scored the City’s applications against applications received and recommended to their Board programming funds for both projects. On April 3, 2024, SLOCOG’s Board approved the City’s applications for grant funding. The City must now submit an allocation request package for each project to Caltrans for review and approval.

The allocation request must be accompanied by an adopted Council resolution authorizing execution of Certifications and Assurances, forms, and any other documents associated with the grant fund applications.

Staff is, therefore, recommending adoption of a Resolution included with this report as Attachment A authorizing the City Manager or their designee to fulfill and execute the necessary documents.

Previous Council Action

1. March 5, 2024 – Council adopted SLO Transit’s Zero-Emission Rollout Plan which is meant to guide the transition to zero-emission technologies in accordance with state mandates.

2. June 6, 2023 – Council adopted the 2023-25 Financial Plan including the Climate Action, Open Space, and Sustainable Transportation Major City Goal.

3. December 13, 2022 – Council adopted the Climate Action Plan 2023-27 Work Program.

4. March 15, 2022 – Council authorized advertisement of the Transit Facility Electric Vehicle Charging Infrastructure project, Specification No. 1000535.

Public Engagement
This is an administrative item, so no public engagement was completed. Public comment on this item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. SLOCOG’s approval of the City’s applications at their April 3, 2024, board meeting also provided an opportunity for public comment through their respective processes.

CONCURRENCE
The proposed projects and requested funding have been reviewed by the San Luis Obispo Council of Governments (SLOCOG) before submission to City Council. SLOCOG Board, the Transportation Technical Advisory Committee (TTAC), and the Social Services Transportation Advisory Committee (SSTAC) recommend funding for the proposed projects.

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Item 6f

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. Authorization to apply for grant funding is an administrative action of a government agency that will not result in direct or indirect physical impact to the environment.

The environmental impacts of the proposed EV charging infrastructure project was already reviewed as part of SLO Transit’s facility EV charging infrastructure project approved for advertisement on March 15, 20221. Below is an excerpt from the Environmental Review section of that agenda report.

This project is exempt from environmental review under Section 15301 Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines because this project proposes to work within the exiting transit facility. The project is consistent with the applicable general plan policies as well as with applicable City Regulations. A Notice of Exemption will be filed through the Community Development Department upon Council approval of the project.

If funding is approved for the EV cutaway bus project and federal match funding is secured, then the purchase would comply with all applicable state and local laws, including a showing of CEQA compliance or exemption.

FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Transit Fund
State – LCTOP
Discretionary
(99313)
$ 361,500
State – LCTOP
Direct (99314) $ 14,868
Federal
Fees
Total $ 0 $ 376,368 $ 0 $ 0

1 March 15, 2022 – Item 5e. Authorization to Advertise Transit Facility Electric Vehicle Charging Infrastructure, Specification 1000535

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Item 6f
The funds and corresponding projects are included in the Transit Fund’s Supplemental Budget and will be reviewed and considered for approval by Council at the June 4th meeting prior to presentation of this item. The LCTOP grant funding provides the local match for the purchase of an EV cutaway bus, but federal match funds are still needed.

Staff is pursuing federal match funds for the project. Without federal match funds the EV cutaway bus project cannot move forward. If federal match is secured, then staff will return to amend the applicable project budget.

ALTERNATIVES

1. Council could decide to deny the authorization request for both grant applications. Staff does not recommend this alternative because SLOCOG and several of its advisory committees recommend funding the proposed projects and these projects are critical for the continued electrification of SLO Transit’s fleet needed to meet state mandates.

2. Council could decide to approve the authorization request for the EV charging infrastructure grant application and deny the authorization request for the EV cutaway bus grant application until federal match funds are secured. Staff does not recommend this alternative because funding for vehicle replacements typically require multiple funding sources and LCTOP grant program was established to provide operating and capital assistance for transit agencies. Local matching funds are often requested before federal match funds are secured because identification of local match funds is required in all federal grant applications. Denial of the EV cutaway bus grant application would delay SLO Transit’s ability to transition its fleet to zeroemission technologies and, thus, delay achievement of the City’s carbon neutrality goals.

ATTACHMENTS
A - Draft Resolution authorization to apply for FY 2023-24 LCTOP Grant Funds

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R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR

THEIR DESIGNEE, TO FILE, EXECUTE, AND FULFILL ANY RELATED

LOW CARBON TRANSPORTATION OPERATIONS PROGRAM GRANT

APPLICATIONS, CERTIFICATIONS, ASSURANCES, FORMS,

AGREEMENTS, AND ASSOCIATED DOCUMENTS ON BEHALF OF THE
CITY
WHEREAS, the City of San Luis Obispo (City) operates the San Luis Obispo (SLO) Transit system and the City Council of the City of San Luis Obispo is SLO Transit’s governing board; and
WHEREAS, the City and SLO Transit are eligible recipients of the State of California’s Low Carbon Transportation Operations (LCTOP) Program grant annually, throughout the life of the program; and
WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Caltrans) as the administrative agency for LCTOP; and
WHEREAS, Caltrans has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible contributing sponsors including San Luis Obispo Council of Governments (SLOCOG) who is the contributing sponsor in the region; and WHEREAS, Caltrans permits delegation of execution of LCTOP grant agreements, other documents and any amendments thereto to the City Manager or their designee; and
WHEREAS, the City wishes to implement the following LCTOP projects:

Procurement of Electric Vehicle (EV) Charging Infrastructure using LCTOP funds in the amount of $319,168 and Procurement of a Battery Electric Cutaway Bus using LCTOP funds in the amount of $57,200.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does hereby authorize the submittal of the above listed project nominations and allocation requests to Caltrans for FY2023-24 LCTOP funds as follows:

SECTION 1. 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. Authorization to apply for grant funding is an administrative action of a government agency that will not result in direct or indirect physical impact to the environment. The proposed projects to be funded through this grant application would be required to comply with all applicable state and local laws including showing of CEQA compliance or exemption.

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Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 2. Approval. The City Council of the City of San Luis Obispo does hereby:

1. Approve the City’s previously submitted application for Low Carbon Transportation Operations Program grant funding; and

2. Authorize staff to submit an allocation request package; and

3. Authorize the City Manager of their designee, to file, execute, and fulfill any related Low Carbon Transportation Operations Program grant applications, certifications, assurances, forms, agreements, and associated documents on behalf of the City.

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

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Item 6g
Department: Administration
Cost Center: 1021
For Agenda of: 6/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Megan Wilbanks, Deputy City Clerk
SUBJECT: ADOPT A RESOLUTION CALLING THE NOVEMBER 5, 2024 GENERAL

MUNICIPAL ELECTION AND ADOPTING REGULATIONS

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain Officers as required by the provisions of the Charter, adopting regulations for Candidate Statements, and requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election with the Statewide General Election to be held on November 5, 2024, pursuant to Section 10403 of the Elections Code.”

POLICY CONTEXT
Section 302 of the City Charter and California Elections Code outline the process and timeline for municipal elections.

DISCUSSION
The City Council is being requested to adopt a Resolution (Attachment A) which will:

1. Call a General Municipal Election to be held on November 5, 2024 for the election of two (2) members of Council and the Mayor.

2. Set regulations for candidate statements.

3. Request consolidation of the election with the County and authorize the County Clerk/Elections Department to canvass the returns and provide other services relating to the conduct of the election.

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Item 6g
Background
Calling the Election
Pursuant to Section 302 of the City Charter, the City’s General Municipal Election to fill elective offices shall be held on the first Tuesday, after the first Monday, in November of even-numbered years. November 5, 2024, is when the General Municipal Election is to be held. The California Election Code establishes procedures and requirements for conducting a General Municipal Election. In addition, State Elections Code Section 13307 contains provisions related to the printing, distribution, and estimated costs of candidates' statements in the voter information guide.

Candidate Statements
The resolution calling the election authorizes the City Clerk and the County Clerk/Elections Department to conduct a consolidated election and includes provisions related to candidates' statements. The resolution allows for the filing of a Candidate's Statement of Qualifications of no more than 200 words and specifies that candidates pay the costs for including the statements in the voter information guide. Each candidate who wishes to file a candidate’s statement will be required to pay a deposit1, at the time the statement is filed, to cover the cost of printing and handling. Pursuant to the Federal Voting Rights Act, the county of San Luis Obispo is not subject to language requirements for minority groups, therefore, the County will only translate candidate statements to Spanish upon request and after the required fee is paid. The estimated deposit for printing a candidate's statement in the voter information guide is approximately $300 for English only and $700 for English and Spanish.

Requesting Consolidation
The resolution requesting consolidation allows the City to combine its election with the statewide election and avoid duplication of printing and mailing of voter information guide, computer tabulation, precinct workers and canvassing results. Other requirements, including issuing and accepting nomination papers and other legal advertising as is required by the City's Election Campaign Regulations, will be performed by the City Clerk. All filings, including Candidates' Statements of Qualifications, Statements of Economic Interests, and Campaign Disclosure Statements, will be administered through the City Clerk's Office.

Public Engagement
No public engagement was done for the calling of the election, as this is required by the City Charter and the California Elections Code. Legal ads will be placed regarding open seats and then again after the nomination period notifying the public about those who qualify to run for an open seat.

1 The estimated deposit amount is an approximation of the actual cost and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and will bill the candidate for additional actual expense or refund any excess amount paid depending on the final actual cost.

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Item 6g

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 $80,000 $ $
State
Federal
Fees
Other:

Total $ $ $ $
The County of San Luis Obispo Registrar of Voters has provided an estimate of $86,775 for the cost of the election in 2024. This estimate is based on currently known cost information.

Due to legislative changes (all mailed ballots), along with typical fluctuations in voter activity and jurisdictions going to election, actual costs may shift in either direction. The City will be billed actual election costs at the conclusion of the election. Should the actual cost come in as estimated, it can be covered by Advertising and Outreach funding in the City Clerk’s budget. The City Clerk’s budget has $80,000 for election costs.

ATTACHMENTS
A - Draft Resolution calling for the General Municipal Election to be held on Nov. 5, 2024

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R ______
RESOLUTION NO. _______ (2024 SERIES)

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

OBISPO, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY

THE PROVISIONS OF THE CHARTER, ADOPTING REGULATIONS FOR

CANDIDATE STATEMENTS, AND REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5,
2024, PURSUANT TO § 10403 OF THE ELECTIONS CODE.

WHEREAS, under the provisions of the Charter, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers; and WHEREAS, it is desirable that the general municipal election be consolidated with the Statewide General election to be held on the same date and that, within the city, the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

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

SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.

SECTION 2. Elections. That pursuant to the requirements of the Charter, there is called and ordered to be held in the City of San Luis Obispo, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a Mayor for the full term of two years; and two Members of the City Council for the full term of four years.
a) That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 3. Candidate Statement. That pursuant to Elections Code Sections 13307 and 13308, each candidate for elective office may prepare a Candidate Statement of Qualification on an appropriate form provided by the City Clerk. a) The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate themselves.

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Resolution No. ______ (2024 Series) Page 2
R ______
b) The statement shall not include party affiliation of the candidate, membership, or activity in partisan political organizations, and shall not in any way make reference to other candidates for the same office or to another candidate’s qualifications, character, or activities.
c) The statement shall be filed in digital form and submitted electronically to [email protected] at the time the candidate’s nomination papers are filed. d) Once filed with the City Clerk, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. e) Pursuant to Elections Code Section 13313, the statement shall remain confidential until after the close of the nomination period and will be available for public examination for no less than 10 days after the close of nominations.

Any challenges to a statement must be made during this 10-day period. f) Pursuant to the Federal Voting Rights Act, the county of San Luis Obispo is not subject to language requirements for minority groups, therefore, the County will only translate candidate statements to Spanish upon request and after the required fee is paid. The County will print and mail sample ballots and candidates’ statements to all voters in English and, if requested, in Spanish. g) Each candidate who files a Candidate Statement of Qualifications will be required to pay an estimated deposit at the time the statement is filed to cover the cost of the printing and handling. The estimated deposit amount is an approximation of the actual cost and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.

Accordingly, the City Clerk is not bound by the estimate and will bill the candidate for additional actual expense or refund any excess amount paid depending on the final actual cost.
h) That the City Clerk shall make this resolution available to each candidate or the candidate’s representative at the time nomination papers are issued.

SECTION 4. Consolidation. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
a) That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

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Resolution No. ______ (2024 Series) Page 3
R ______
b) That the City of San Luis Obispo recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
i) The City Council authorizes the City Clerk to act as the authorized representative of the City in the administration of said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
c) That the ballots to be used at the election shall be in form and content as required by law.
d) That the City Clerk is authorized, instructed, and directed to coordinate with the County of San Luis Obispo Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
e) That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

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Resolution No. ______ (2024 Series) Page 4
R ______
SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. a) The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of San Luis Obispo.

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

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 18, 2024
TO: Mayor and Council
FROM: Todd Tuggle, Fire Chief
VIA: Whitney McDonald, Interim City Manager
SUBJECT: ITEM 6H – AUTHORIZATION OF AN EMERGENCY SERVICES CONTRACT WITH CAL POLY FOR THE PERIOD 2024-2029
Staff received the following question, regarding the authorization of an emergency services contract with Cal Poly for the period of 2024-2029. The question is listed below with staff’s response shown in italics:

1. How was the 20% number arrived at the "per door" rate on the new staff/faculty housing?
The current rate is based on a per-capita cost for the student population and is broken down into on-campus and off-campus rates. As SLOFD looked at the oncampus staff housing rates, an accurate population count for the staff housing would likely be unavailable. Therefore, in lieu of a per-capita fee, a “per-door” fee was implemented for on-campus staff housing. Additionally, staff will reside in housing year-round. SLOFD determined that students are attending classes, and presumably living in the City, about 80% of the year (10 of 12 months), while the staff population would be residing on campus 100% of the year, hence the 20% increase in the per-door cost relative to the on-campus per-capita rate.

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Item 6h
Department: Fire
Cost Center: 8501
For Agenda of: 6/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Todd Tuggle, Fire Chief
Prepared By: Nicole Vert, Business Analyst
SUBJECT: AUTHORIZATION OF AN EMERGENCY SERVICES CONTRACT WITH CAL POLY FOR THE PERIOD 2024-2029

RECOMMENDATION
Authorize the Mayor to execute a succession Emergency Services Contract for the period 2024-2029 with California Polytechnic State University (Cal Poly) in substantially the same form as the attachment.

POLICY CONTEXT
The recommended actions are consistent with the City of San Luis Obispo’s Financial Management Policy section 203-A City Council approval is required for contracts in excess of $200,000.

DISCUSSION
The City of San Luis Obispo (City) has a long history of providing fire, rescue, and emergency medical services to California Polytechnic State University (Cal Poly). Since 1993, the contracts between Cal Poly and the City have been in effect and mutually beneficial. Through the contract, Cal Poly receives a high level of fire and emergency medical response, and the City receives compensation for services. Staff recommends the adoption of a new contract (Attachment A) with contract terms of three years with two one-year options to extend.

Short term successive contracts have been entered into since 1993. The most recent contract made in 2018 expired on June 30, 2023. This contract began the method of Cal Poly paying by student as opposed to a flat annual rate. This allowed the department to recoup a higher rate for students living on campus while also realizing the impact of students living off campus. A one-year amendment to extend the contract to June 30, 2024, was approved by Council in June 2023.

As with other areas outside the City and absent a contract to provide services, the City Fire Department would only respond to major emergency incidents at Cal Poly if activated under the provisions of the mutual aid agreement with the California Department of

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Item 6h
Forestry and Fire Protection (Cal Fire). Under the agreement between the City and Cal Poly, the City responds to daily medical emergency incidents or other calls for service on the Cal Poly campus. Absent the agreement, Cal Poly would need to arrange for fire, rescue, and medical emergency services, likely through Cal Fire as Cal Poly campus lies outside the City limits in County jurisdiction. San Luis Obispo County contracts with Cal Fire to provide fire and emergency services, as a result the contract includes their approval to acknowledge San Luis Obispo City Fire Department as primary respondent.

While this could potentially be fiscally advantageous for Cal Poly, Cal Fire cannot provide the level of service equal to the City Fire Department. Cal Fire does not possess an apparatus that can reach the height of many of the buildings on the Cal Poly campus nor does it have the staffing levels of the City for adequate readiness for all risks nor daily calls. As a result, Cal Poly prefers to contract with the City for their fire services.

Contract Modifications
The previous fee model based on the population of the campus will remain the same with the addition of Staff Housing Rates in anticipation of increased on campus staff housing.

This will be reimbursed at a “Per Door” rate rather than per individual due to varied family/household sizes and at a higher base rate due to year-round occupancy. Rates, as shown in the chart located in the “FISCAL IMPACT” section, will continue to be dependent on students residing on campus charged at a higher rate than students that reside offcampus. Fall semester census information will continue to be used, which is reported by the University approximately three to four weeks after the start of the fall semester. To allow the University to prepare for changes in the annual service fee resulting from increased students living on campus in newly constructed dormitories or overall increase in student population, this census population will be based on the prior year’s data.

Additionally, the new agreement will include a stipulation to include an annual $50,000 contribution from Cal Poly toward the replacement of Truck 1. Cal Poly has constructed multiple buildings with a height necessitating a 100-foot ladder truck for proper response, including many of the dormitory buildings. Truck 1 was purchased in 2010 and the department is preparing for a full drivetrain refurbishment to extend its life until 2030 to ensure no reduction in response to Cal Poly nor other areas of the City.

At the time of preparing this report, Cal Poly had not yet provided their final round of contract revisions to the City. Should the terms substantially or meaningfully differ from those in Attachment A, staff will return to Council with a revised draft for Council’s review and approval.

Previous Council or Advisory Body Action
On June 6, 2023, City Council approved and one-year amendment to the existing fiveyear service agreement with Cal Poly.

On September 18, 2018, Council approved the existing five-year service agreement with Cal Poly.

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Item 6h
Public Engagement
This item is a Consent item for the June 18, 2024 City Council meeting and will follow all the required postings and notifications. The public will have an opportunity to comment on this item at or before the meeting.

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

FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Estimated
Revenue
FY2024-25
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $ $0
Cal Poly $456,131.20
Federal
Fees
Other:

Total $456,131.20 $0 $ $0
The City incurs costs associated with providing fire and medical response to Cal Poly, a portion of which will ultimately be reimbursed through the agreement. The costs of a fully staffed station out pace the revenue from Cal Poly, however, the revenue assists in offsetting costs of an existing station serving the City. Based on the Fall 2023 total student population, measured through the Fall Census, in Fiscal Year 2024-25, the City will receive a total of $456,131.20 for services provided, an increase of $25,596.20 from FY2023-24, where the revenue received from Cal Poly was $430,535.00. These payments will be made to the City quarterly.

The new “Per Door” staff rate for staff residing on campus, charged per door of occupancy, will begin at $37.40, calculated using the on-campus rate plus 20% due to year-round residency. Capital contributions for Truck 1 will be $50,000 for FY2024-25, the same agreed upon rate in the previous year’s contract amendment.

All rates will continue to be adjusted to address inflation. The original fees agreed upon in 2018 of $25.00 per-student residing on campus and $7.95 per-student residing not on campus have been adjusted annually since 2019 using average CPIs of Los Angeles and San Francisco. This calculation method will continue in FY2024-25 where the applied CPI is 3.83% as released from the U.S. Bureau of Labor Statistics on May 15, 2024.

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Item 6h
For FY2024-25 the per-student residing on campus rate will increase to $31.17 and the per-student not residing on campus rate will increase to $9.91. The Per Door and Truck 1 fees are new this year and will not have CPI applied until FY2025-26.

If Cal Poly’s population levels remain static throughout the term of the agreement, the City would receive revenue in excess of $2.3 Million over the full five years of the agreement.

ALTERNATIVES

1. Council could choose to discontinue contracting services to Cal Poly. This is not recommended because of the mutual benefits of the contract for both Cal Poly and the City.

2. Council could choose to direct changes to the contract. This is not recommended as Cal Poly may not agree to any changes delaying the start of a successor agreement and the current contract expires June 30, 2024, making it necessary to authorize a contract extension.

3. Council could direct staff to return to negotiations with Cal Poly. This is not recommended as the Cal Poly may not agree to different terms and delaying entering an agreed upon contract will result in the current contract expiring and would require an authorization for an extension.

ATTACHMENTS
A - Emergency Services Agreement with Cal Poly

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AGREEMENT FOR ENHANCED EMERGENCY

SERVICES BETWEEN THE BOARD OF TRUSTEES OF

THE CALIFORNIA STATE UNIVERSITY,

THE CITY OF SAN LUIS OBISPO,

THE COUNTY OF SAN LUIS OBISPO,

AND THE STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY AND

FIRE PROTECTION
THIS AGREEMENT is effective July 1, 2024 between the Board of Trustees of the California State University on behalf of California Polytechnic State University, San Luis Obispo (Cal Poly), one of 23 campuses in the California State University system (collectively CSU or the University), the City of San Luis Obispo (City), the County of San Luis Obispo, a political subdivision of the State of California (County), and the State of California Department of Forestry and Fire Protection (Cal Fire).

RECITALS
WHEREAS, in 1996, Cal Poly discontinued its on-campus fire department and entered into a written agreement with the City for emergency and fire services on a fee-for-service basis whereby the City provided service to the central part of campus, including the campus core, and all on-campus housing structures. The most recent fire and emergency services agreement with the City covers the term July 1, 2023, to June 30, 2024. Because of these agreements, the City has tailored its services to best meet Cal Poly’s needs through purchase of specialized equipment, on-campus training, and inclusion of t h e Cal Poly campus in its overall strategic emergency service planning. The value of this Agreement has and will continue to increase in proportion to growth of Cal Poly’s academic and extra-curricular programs, activities, facilities, and future student enrollment.

WHEREAS, Cal Poly is situated in an unincorporated area of the County, immediately adjacent to the City, with approximately one-third of its students currently living on campus. Cal Poly is within the jurisdiction and service area of the County Fire Department (County Fire) and Cal Fire for fire services. Cal Fire’s response obligations extends to wildland and watershed fire protection, and does not cover structure protection, rescue or emergency services. County Fire is responsible for the protection of buildings and improvements in unincorporated County areas.

WHEREAS, under the laws of the State of California, only the State and incorporated cities are obligated to provide fire protection services. The State provides wildland and watershed fire protection within State Responsibility Areas; it does not provide structure protection, rescue and emergency service and hazardous materials response. Counties provide fire services at their discretion, and service levels vary from county to county.

WHEREAS, in 1930, the County chose to protect residents and property within its jurisdiction by creating the San Luis Obispo County Fire Department in partnership with Cal Fire. The partnering and consolidation is documented through contractual agreements that direct Cal Fire/County Fire to provide fire protection and emergency response services and shared funding for the provision of such services. As a result, Cal Fire/County Fire share multiple resources, including a fire chief, stations and equipment, command center and firefighters. Cal Fire/County Fire emergency services are predominantly focused on semi-rural and rural fire and emergency service needs. Because Cal

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Poly is located in an unincorporated County area and a State Responsibility Area, Cal Fire and County Fire have jurisdictional fire protection obligations over the campus. The closest Cal Fire/County Fire station is Station 12, which is located on Cal Poly property at 635 N. Santa Rosa Street and across Highway 1 from the campus. This station also serves as Cal Fire’s command center for the County and region.

WHEREAS, the City has a robust fire department which is designed to address fire, rescue, and emergency services needed for the predominantly urban/sub-urban land use patterns within the City limits, and to Cal Poly (pursuant to previous written agreements with the City). The City has four fire stations staffed with 47 firefighters. The fire station closest to Cal Poly’s campus is Fire Station 2, located at 132 North Chorro Street. This station currently serves Cal Poly and the north section of the City.

WHEREAS, the City and Cal Fire/County Fire have adopted an “automatic mutual aid” doctrine which provides for the closest fire engine to respond to a new emergency regardless of jurisdictional lines. This allows for enhanced service without increasing the number of fire stations or firefighters by utilizing existing resources regionally, rather than just within jurisdictional boundaries. The City and Cal Fire/County Fire have documented their automatic mutual aid agreement through an Operational Plan and Agreement for Automatic Aid dated May 17, 2024 (“Automatic Aid Agreement”) (attached as EXHIBIT E). Through the Automatic Aid Agreement, the City serves as the primary first responder to the Cal Poly campus core (see attached EXIBIT E), with support from Cal Fire/County Fire as needed. The Automatic Aid Agreement exists independent of any agreement between Cal Poly and the City, and obligates the City Fire Department to provide fire and emergency response services to Cal Poly. In exchange, the City receives support from Cal Fire/County Fire for its more rural locations and/or where Cal Fire/County Fire is the closest responder.

WHEREAS, the provision of emergency services on the Cal Poly campus is led and coordinated by the University Police Department (UPD) at Cal Poly and is the subject of multiple mutual aid and shared service agreements between Cal Poly, the City, Cal Fire and/or County Fire. With this Agreement, the Universit y desires enhanced fire protection and emergenc y services for the Cal Poly campus which includes multi-story academic buildings, residence/housing facilities, and dining facilities.

WHEREAS, the parties want to continue their Agreement for enhanced emergency services and have the City continue to provide personnel, equipment, materials, and supervision required to respond to structure and other hostile fires (a hostile fire differs from a friendly fire, which burns in a place where it was intended to burn, such as one confined to a fireplace or furnace), medical emergencies, disaster response, and other agreed upon incidents on the main campus of the University; and
WHEREAS, the best interests of the City and the University would be served by entering into this Agreement.

WHEREAS, the County and Cal Fire consent to the City's continued provision of increased a n d e n h a n c e d fire protection, emergency medical services and specialty rescue services to the University, which is situated within the County's and Cal Fire’s local responsibility area, upon the terms and conditions agreed to by the City and the University as set forth herein.

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NOW, THEREFORE, IT IS AGREED:

1. Services Components
The City agrees to provide personnel, equipment, materials, and supervision required to respond to structure and other hostile fires, medical emergencies, disaster response, and other agreed upon incidents in the Service Area, which is the campus c o r e of the University. The specific services shall be more thoroughly outlined as follows:

Attachment A Services Performed
Attachment B Scope of Service
Attachment C Service area
Attachment D San Luis Obispo City and Cal-Fire Response to Incidents within University Contract Service Area
Attachment E Operational Plan and Agreement for Automatic Aid All services shall be provided in compliance with applicable federal and state laws and regulations, or in the absence of such laws or regulations, in compliance with recognized performance standards for similar services. The City shall respond, within its capacity, to provide services upon being notified by the University. Nothing in this Agreement shall be construed to waive, limit, or impair any defenses, rights, duties, obligations or immunities available to the parties by statute, at law or in equity, or otherwise, in the performance or provision of fire protection and emergency services activities, including under the California Environmental Quality Act (CEQA).

2. Difference in Conditions
The University and City recognize differences in design, building and fire code application in the City and on the C a l P o l y campus. The California State Fire Marshal has jurisdiction over State property and is responsible for the compliance of facilities and operations with applicable fire and safety codes as well as fire safety design of facilities and supporting infrastructure. The City of San Luis Obispo fire and emergency response resources have been designed to operate within the City. Operations on the campus may be at a disadvantage when conditions such as, but not limited to, accessibility, fire flows, hydrant locations, fixed fire protection systems, and alarms systems are different than conditions within the City of San Luis Obispo. The City and University seek opportunities to collaborate to minimize operational disadvantages when possible; however, neither the University nor the California State Fire Marshal relinquishes their rights and privileges to the City regarding fire and safety codes that apply to the University.

3. Administration
a. University T h e t e rm "University" shall include the State of California, the Board of Trustees of the California State University, California Polytechnic State University, San Luis Obispo, all Auxiliary Organizations, each of their officers, officials, employees, authorized representatives, agents, directors, and volunteers. b. Unified Command In general, emergency operations on the University campus shall be conducted through unified command between the City and the University.

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c. Cooperation To facilitate the performance of the services components (above), it is agreed that the City and University shall fully cooperate with each other, including but not limited to the following:
(1) The University will cooperate with the City in assisting with the training of City personnel for familiarization of, and accessto, all facilities of the University. (2) University employees, equipment, and supplies (such as trade persons, police, hazardous materials technicians, heavy equipment, e m e r g e n c y m a n a g e m e n t p e r s o n n e l etc.) shall be available for assistance to the City in mitigating emergencies. (3) City personnel shall, upon identification of a life safety and/or fire hazard within the service area not already known to the University, notify the designated University contact and/or University Police Watch Commander. The City's Battalion Chief shall maintain close contact with the University when the City is operating (emergency or non-emergency) on campus.
(4) The University will make every effort to notify the agency providing Dispatch services for the City Fire Department of changes in the following areas: access points, road conditions and closures (major thoroughfares only), new buildings or changes in building use, major events and significant changes in hazardous materials storage or use as soon as possible and will confirm in writing.
(5) The City will continue to conduct training, provide advice and assistance to the University with issues, such as fire prevention, water system, and hydrant maintenance.

The City, when requested by the University, will act as a Technical Specialist on hazardous materials and fire prevention concerns.
d. Personnel Status While involved in the execution of this Agreement, regularly employed personnel of the City and the University shall remain employees of their respective agencies, and shall remain subject to the rules and regulations of their own agency in all matters of employment, including but not limited to benefits, medical and life insurance, and worker's compensation insurance. Neither party shall at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the other party. Neither party shall incur nor have the power to incur any debt, obligation, or liability whatsoever against the other party, or bind the other party in any manner.

4. Compensation
Compensation for services is calculated based on the primary factor that influences fire, medical and rescue service delivery: campus population. The University will compensate the City for students that reside on-campus in University housing at one rate, staff residing year round on-campus in University housing at a second rate, and a third rate for students that do not reside on campus according to the schedule below. In addition to these compensation terms, the University will pay $50,000 to City annually toward replacement of Truck 1.

For purposes of this Agreement, the final fall quarter adjusted census information will be used. This census information is reported by the University approximately three to four weeks after the start of

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the fall quarter. The Fall 2023 adjusted census population as reported by the University was 8,739 University campus residents and 22,279 total full-time equivalent students (FTEs). To smooth reimbursement rates, this census population will lag one year.

Additionally, the fees will be adjusted annually, starting July 1, 2024, based upon the regional Consumer Price Index (CPI) by averaging the CPIs of Los Angeles and San Francisco. For 2024 the average 2023-24 CPI between the Los Angeles and San Francisco areas is 3.83% as shown in Attachment F.

The University will pay City in accordance with the above schedule. These annual sums will be paid in four equal installments in advance each quarter beginning July 1 for the duration of the Agreement. In addition, the University will pay the City at the end of each contract year for additional services as defined in Attachment A section 7, for services requested and received by the University.

5. Term
The term for this Agreement shall be three years, commencing July 1, 2024 and expiring June 30, 2027, and will include an option for up to two one-year contract extension periods. Prior to the expiration of this Agreement, the parties agree to meet and discuss renewal of this Agreement, if notsoonerterminated asprovided herein.

6. Reports
The City will provide a monthly written report t o t h e U n i v e r s i t y identifying emergency response activities to the Cal Poly campus in accordance with all applicable local, state, and federal privacy laws.

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7. Termination
Either party, upon six (6) months advance written notice, may terminate this agreement, except that City may, in case of unexpected depletion of resources, terminate this agreement upon shorter notice. In this situation, City shall provide as much notice of termination as reasonably possible.

8. Indemnification
The City shall defend, indemnify, hold harmless and protect the State of California, the Trustees of the California State University, California Polytechnic State University, San Luis Obispo, all Auxiliary Organizations, and each of their officers, officials, employees, authorized representatives, agents, and volunteers from and against any and all costs, damages, expenses, liability, losses of every nature arising out of or in connection with City's (including any subcontractor, anyone directly or indirectly employed by anyone for whose acts any of them may be liable) performance hereunder or failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct oftheUniversity. Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party by imposing any standard of care respecting emergency services different from the standard of care imposed by law. It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the University under or in connection with any work, authority or jurisdiction delegated to the University under this Agreement.

It is also understood and agreed that University shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the University’s performance or University’s failure to perform its obligations under this Agreement or out of the operations conducted by University, including the City’s 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 University’s performance of this Agreement, the University 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.

9. Insurance Requirements
The City shall not commence Work until it has obtained all the insurance required in this Contract, and such insurance has been approved by the CSU. (a)Policies and Coverage
(1)The City shall obtain and maintain the following policies andcoverage:
(i) Comprehensive or Commercial Form General Liability Insurance, on an occurrence basis, covering Work done or to be done by or on behalf of the City and providing insurance for bodily injury, personal injury, and property damage (ii) Worker's Compensation including Employers Liability Insurance asrequired by law. (2)The City also may be required to obtain and maintain the following policies and coverage:
(i)Other Insurance by agreement between the Trustees and the City. (b)Verification of Coverage.

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The City shall submit original certificates of insurance and endorsements to the policies of insurance required by the Contract to the Trustees as evidence of the insurance coverage. The Trustees reserve the right to require the City to furnish the Trustees complete, certified copies of all required insurance policies.
(c)Insurance Provisions.

Nothing in these insurance provisions shall be deemed to alter the indemnification provisions in this Agreement. The insurance policies shall contain, or be endorsed to contain, the following provisions.
(1)For the general and automobile liability policies, the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents are to be covered as additional insureds. (2)For any claims related to the Work, the City’s insurance coverage shall be primary insurance as respects the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents. Any insurance or self-insurance maintained by the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall be in excess of the City’s insurance and shall not contribute with it.
(3)Each insurance policy required by this section shall state that coverage shall not be canceled by either the City or the insurance carrier, except after thirty (30) Days prior written notice by certified mail, return receipt requested, has been given to the Trustees. (4)The State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall not by reason of their inclusion as additional insureds incur liability to the insurance carriers for payment of premiums for such insurance.
(d)Amount of Insurance.
(1) The City of San Luis Obispo has elected to be self-insured for its general liability, vehicle liability, workers’ compensation and property exposures through the California Joint Powers Insurance Authority. As a member of the California Joint Powers Insurance Authority, the City of San Luis Obispo is included in this self-insured program. And shall provide coverage in amounts not less than the following:
(i)Comprehensive or Commercial Form General Liability Insurance--Limits of Liability $2,000,000 General Aggregate
$1,000,000 Each Occurrence--combined single limit for bodily injury and property damage.
(ii) Workers’ Compensation limits as required by law with Employers Liability limits of $1,000,000.
(e) Miscellaneous
(1)Any deductible under any policy of insurance required in this Contract shall be City’s liability.
(2)Acceptance of certificates of insurance by the Trustees shall not limit the City’s liability under the Contract.
(3)In the event the City does not comply with these insurance requirements, the Trustees may, at its option, provide insurance coverage to protect the Trustees. The cost of the insurance shall be paid by the City and, if prompt payment is not received, may be deducted from Contract sums otherwise due the City.
(4)If the Trustees are damaged by the failure of City to provide or maintain the required insurance, the City shall pay the Trustees for all such damages. (5)The City’s obligations to obtain and maintain all required insurance are non-delegable duties under this Contract.

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10. Priorities
The University recognizes there will be priorities that will dictate the City's capabilities.

Subsequent to prioritizing emergencies based on life safety, the City will deliver available resources to assist the University in its mitigation efforts. If additional emergency response resources are needed, they will be accessed through the Mutual Aid system already in place.

11. Notices
Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be sent by certified or registered mail to the:

University:

PoliceChief
California Polytechnic State University
San Luis Obispo, CA 93407
City:

Fire Chief
San Luis Obispo City Fire Department 2160 Santa Barbara Ave.

San Luis Obispo, CA 93401-5240
County:

County Administrative Officer
1055 Monterey Street
San Luis Obispo, CA 93408
Cal Fire:

Fire Chief
635 N. Santa Rosa Street
San Luis Obispo, 93405

12. Entire Agreement
This Agreement represents the entire Agreement between the City and the University, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument, signed by both City and University. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie.

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IN WITNESS THEREOF, City, County, Cal Fire, and University have executed this Agreement as follows:

BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
By:

Dru Zachmeyer
Administration & Finance

CITY OF SAN LUIS OBISPO
By:

Erica A. Stewart, Mayor

CAL FIRE
By:___________________________
John Owens, Chief

SAN LUIS OBISPO COUNTY
By:__________________________
County Board of Supervisors

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ATTACHMENT A

SERVICES PERFORMED

1. Fire Suppression
City shall provide personnel, equipment, materials and supervision for suppression of structure and other hostile fires on the campus core (Service Area) of the University, as available.

Fire suppression shall include those universally accepted activities, which bring a hostile fire under control and render the property safe from further damage.

Fires to be suppressed shall include (but are not limited to): structure, rubbish, trash container, automobile, vegetation adjacent to structure and other such fires which are evaluated from the initial report to be of significance or beyond the capabilities of the University's response.

2. Extrication/Rescue Emergencies
City shall provide personnel, materials, equipment and supervision for emergency extrication of students, faculty, staff, guests, and visitors on the campus core (Service Area) of the University, as available.

Rescue includes: extrication of trapped persons from vehicles, machinery, cave-ins, structure collapses, confined spaces, fire, and other significant situations, which may require assistance. The City will provide emergency medical treatment for rescue situations, as it is available.

The City's response to elevator problems will be limited to situations where the University has determined that an emergency exists.

3. FireAlarms
The University shall maintain all campus alarm systems. University personnel will evaluate a reporting alarm prior to notifying City dispatch. The City shall respond one engine "Code 3" and one engine "Code 2" to water flow alarms in buildings with sprinkler systems. The University will screen all other alarms and will notify the City when confirmation is made that a fire or other emergency is in progress or likely.

4. Pre-Hospital Emergency Care
University has established an Emergency Medical Dispatch (EMD) program that will determine the priority' of a medical emergency and provide pre-arrival instructions to the caller.

The City agrees to provide emergency medical support to the University for Priority One (ALS) type calls as outlined in the EMD Program.

5. Hazardous Materials
City shall provide trained personnel as indicated by the Code of Federal Regulations 29

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"First Responder Capabilities" to the University, as available. It is the intent that the City will share in a unified command of any hazardous materials incidents based on the availability of responding University personnel.

Response to the threat of or release of hazardous materials shall include: evacuation of affected area, identification of substances, containment of substances, protective actions for people, environment and property.

The University will provide technical support of qualified staff (within the University's capacity and to the extent available) to assist the City with hazardous materials response. The City will provide supplies and materials normally associated with first response. The University will arrange for hazardous materials response beyond the capability of the City including the removal and disposal of the hazardous material(s).

The City shall act, when required, as the University's representative on the San Luis Obispo County Regional Hazardous Materials Response Team. The University will continue to participate on the team during the term of the agreement. The City and the University will operate a unified command on any hazardous materials emergency that should occur on the campus.

The University will maintain its status as a participating agency/region in the San Luis Obispo Regional Hazardous Materials Response Team.

6. Disaster Preparedness
The University has developed and maintains at a high state of readiness, a multi-hazard disaster response plan. Included in this plan is the establishment and operation of a University Emergency Operations Center as well as annexes addressing the roles of operational units of the University. The Fire Department agrees to work cooperatively with the University in following, the University's disaster plans as resources allow. The University shall provide to the City one copy of the University's disaster response plan and annual updates.

7. Additional Services
Special non-emergency situations, not specifically covered in this Agreement, may arise that are determined by the University to require resources beyond their capabilities. When requested by the University, the City may provide, at its sole discretion, resources if available. The University will compensate the City in accordance with the City Council adopted cost of services study, which is annually adjusted by the Consumer Price Index as referenced in section 4, “Compensation”, of the agreement.

The following are examples of Fire Department additional services that may be available:
• flooding/storm response
• smoke removal
• electrical hazard
• bomb threats (not including Bomb Task Force)
• pipeline ruptures/water control
• animal rescues
• special events/crowd control/civil disturbances
• non-emergency stand-by

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ATTACHMENT B

SCOPE OF SERVICE
The San Luis Obispo City Fire Department will respond to the University as outlined below.

The San Luis Obispo Fire Department agrees that 90% of the time it will initiate response within 60 seconds of the request during day-time hours (0800-2000) and 90 seconds at night-time (2000- 0800).

The Fire Chief and the Fire Department leadership staff are dedicated to continuing to partner with University and student leadership to positively impact safety and safe decision making by students, including but not limited to engagement opportunities during new student orientation, Week of Welcome, and graduation.

1. First Alarm Assignment for the University
A standard "First Alarm" assignment for the University shall consist of 2 engines, 1 ladder truck and 1Battalion Chief code 3 from the City and 1 engine code 3 from Cal-Fire. The use of a move-up company to cover Fire Station One is required.

2. Reduced Assignment for the University
The incident being reported may not require a first alarm assignment and may, therefore, require the dispatcher to send a reduced assignment to the emergency. Anything less than a first alarm assignment is considered to be a reduced assignment.

3. Greater Alarm Assignments for the University
When an Incident Commander determines that the resources at hand may not be sufficient to both alleviate the threat presented at the University and provide adequate coverage to the City, s/he has an obligation to call for additional resources in a timely manner. This is especially critical with "working" incidents on the campus and will typically require moving quickly to greater alarm assignments immediately upon confirmation of a "working" incident. To facilitate efficiency in assigning additional resources, this department has established pre- planned greater alarm assignments and procedures.

4. Second Alarm Assignment for the University
A standard "Second Alarm" shall consist of:
• Notification of the Fire Chief.
• Call back of all off duty suppression personnel.
• Dispatch a University public works representative to the Command Post. • Review the next alarm level in anticipation of a request by the Incident Commander. • Notification of Cal-Fire to alert the area coordinator; in anticipation of a request for additional resources (Do not have them respond unless/until their assistance is actually requested by the Incident Commander).
• Notification of San Luis Ambulance Company and request a stand-by ambulance.

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5. Third Alarm Assignment for the University
If the emergency on the campus exceeds the capabilities of a second alarm assignment as most large working structures fires will do, the Incident Commander shall request a third alarm assignment.

The third alarm assignment draws upon the resources of various fire departments throughout the County. Pre-arranged Mutual Aid agreements exist to provide assistance to the requesting agency. The Incident Commander should consider how quickly s/he needs the additional resources. If the first strike team is needed immediately, because of their close proximity to the University (e.g. E21, El2, C.M.C., etc.), they should be requested to respond to the incident's staging area and form up as a strike team upon their arrival. Due to longer travel distances of the second and third strike teams, it is best to request the mutual aid companies as a group and have them respond as a task force or strike team. A task force or strike team will automatically have a task force or strike team leader. Truck companies are always a special request, as are any specialized equipment.

A standard ''Third Alarm" assignment consists of:
• All itemsinclusive of a "Second Alarm Assignment".
• Call back of all Fire Department staff personnel.
• One or more in-county strike team(s).
• All requested mutual aid companies will respond with minimal delay and operate on the specified radio frequency (normally County Net until on scene).

6. Special-Call Assignment for the University
Once a First Alarm Assignment has been committed to an emergency at the University, the Incident Commander may request additional companies in the following manner:
• Request a Second or Third Alarm Assignment.
• Request a "Special-Call Assignment"
Some incidents require specialized apparatus or personnel, either in place of, or in addition to, a First, Second or Third Alarm assignment. Examples might be the need for additional ladder trucks, a Hazardous Materials Response unit or a Mass Casualty Response unit. An Incident Commander requiring such specialized resources will access them through City Dispatch.

Resources outside of the City will be drawn from the County Emergency Command Center (E.C.C). Once the City Fire Dispatcher receives a request for a special call assignment from the Incident Commander for a non-city resource the following procedure shall be followed:
a. San Luis Obispo City Fire Dispatcher will call Cal-Fire via phone and have them notify the Area Coordinator of a mutual aid request for an incident on University's campus. b. Give nature of incident and location of incident.
c. List type of assistance required and quantity of units (do not request OES or local governmentresourcesspecifically-AreaCoordinatorwilldecide). d. Give the name of the requesting Incident Commander.

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e. State the urgency of the request; is it immediate need or planned need? f. Request an ETA (Estimated Time of Arrival) of responding mutual aid units. g. Give staging area location for the mutual aid units. h. Request radio frequency for mutual aid resources and City resources to operate on the incident (usually White 2 unless Incident Commander specifies otherwise).

7. Principles of Operation for theUniversity
The on-duty Battalion Chief or a University Police Officer should be the only person(s) responsible for reducing an initial assignment prior to Fire Department arrival. The first arriving Engine Company Officer may reduce an assignment after their arrival and they have determined it safe to do so.

The Fire Chief, Battalion Chief, Company Officer or Dispatcher may increase an initial response assignment if there might be a need for additional companies immediately.

If the description of the call does not meet the criteria in the response guide and it is not clear as to what should be sent initially, a first alarm assignment should be dispatched immediately.

Departure from the standard response assignment is not recommended.

When dispatching engine companies the general rule should be: Send the engine company assigned to the University (Engine-2). Ifanother engine company is closer or the first- due company is delayed, the closest engine should be sent.

8. Response Levels Specific to the University
University 1st Alarm Assignment = 2 Engines, 1Ladder Truck, 1Battalion Chief from City all code 3 1Engine from Cal-Fire all code 3

CODE TYPE OF INCIDENT RESPONSE PLAN
8 8A
8AF
8F
8H
81 80
8P
8R
8S
8W
8X
8Z
12 Fire, unknown type
Fire Alarm (heat, smoke, pull) Fire
Alarm, Water Flow
Fire, false alarm (not to be used with fire alarms)
Fire, electrical hazard
Fire, illegal burn
Fire, Refuse/Trash threatening
Fire, vehicle
Fire, Refuse/Trash non-threatening Fire,
structure
Fire, wildland (inside or outside core)
Fire, train/railcar
Fire, aircraft
Emergency, not elsewhere classified
1 st Alarm Assignment 1
eng. code 3
1eng. code 3, 1eng. code 2
Afterincident #
1 st Alarm
1eng. code 2 1
st
Alarm
1eng. code 3
1eng. code 3 1
st
Alarm
1eng., 1B/C code 3
Cal-Fire Response
1 st Alarm
1 st Alarm
1 st Alarm or Special call out

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14 Medical emergency
14B Medical assistance, non-emergency
14T Traffic accident, injuries (in Core area)
14T Traffic accident injuries (outside Core area)
48 Natural Gas leak outside
48S Natural Gas leak inside
53S Smoke check inside
57 Firereported out
1 eng. code3
1 eng. code 2
1 eng. code 3
1 eng.code 3
1 eng. Cal-Fire code 3
1eng. code 3
1eng. code 3, 1eng. code 2
1 eng. code 3, 1eng.code 2
1 eng. code 2, Notify Cal-Fire
83 Explosion 1
st Alarm
84M Hazardous materials threatening (State reportable) 1 st Alarm

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ATTACHMENT C

SERVICE AREA
The area of service of this Agreement is described as the area bounded on the south by the City of San Luis Obispo (Slack Street, Longview Avenue, Via Carta, Foothill Blvd.); bounded on the west by the City of San Luis Obispo; out Highway 1 to the Cheda Ranch Complex (included); to the north from the Cheda Ranch Complex to the Union Pacific Railroad right-of-way to the Tartaglia Ranch southern boundary, along the base of the foothills to Poly Canyon Road; and bounded on the east so as to include the facilities at the base of the foothills (Poly Canyon Road, Klamath Road, Deer Road and Grand Avenue - including all structures and parking areas) and also including those areas known as Cerro Vista Housing, Poly Canyon Village and the faculty/staff housing known as Bella Montana which is bordered on the east by Highway 1, on the south by Westmont Street and on the north and west by City jurisdiction.

University properties not included in this agreement are outlying structures of the University and wildlands non-contiguous to the campus core of the University. For example:

Chorro Creek Ranch, Serrano Ranch, Peterson Ranch and the structures up Poly Canyon. • Refer to Attachment C map of the Service Area including the "core area" to have a visual understanding of how the Service Area is divided. • Refer to Attachment D for definition of the University "core area". • Refer to Attachment D for those areas that are identified to be outside the "core area".

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ATTACHMENT D

SAN LUIS OBISPO CITY AND CAL FIRE RESPONSE TO

INCIDENTS WITHIN UNIVERSITY CONTRACT SERVICE AREA

1. Definitions
University "Core Area" Please see map in Attachment C
• Includes student and faculty housing
• East of city limits including Bella Montana
• North of city limits from Highland Drive cross of Hwy. 1 to Grand Avenue cross of Slack Street
• West of Poly Canyon gate including Cerro Vista Housing • South of Highland Drive and Via Carta, including Poly Canyon Village Outside"CoreArea"-PleaseseemapinAttachmentC
• North of Highland, and University "Core Area"
• East of city limits
• South of San Luis Obispo Treatment Plant, and Tartaglia property including the San Luis Obispo Treatment Plant and Cheda Ranch
• West of Via Carta
SLO City -SanLuis Obispo City Fire Department
Cal-Fire- California Department of Forestry and Fire Protection and San Luis Obispo County Fire Department
ECC-Cal-Fire/San Luis ObispoCounty FireDepartment EmergencyCommandCenter

2. Response Inside and Outside of "Core Area"
Structure Response Inside Core Area SLO City
Cal-Fire
1Truck, 2 Engines & Battalion Chief
1Engine
Structure Response Outside of Core Area SLO City
Cal-Fire
1Truck, 2Engines & Battalion Chief
1Engine & Battalion Chief
Wildland Response Inside of Core Area SLO City
Cal-Fire
1Engine & Battalion Chief
1Engine
Wildland Response Outside of Core Area SLO City
Cal-Fire
1Engine & Battalion Chief
Appropriate Response per ECC
Note: Cal-Fire hasjurisdiction by statute on
all State Responsibility Areas as defined in
PRC 4126 & 4127. Cal-Fire does not give
up any jurisdictional responsibilities for
fires in SRA
Medical Aid & Traffic Collision
Response Inside Core Area
SLO City
Cal-Fire
1 Engine
No Response
Medical Aid &TrafficCollision Response SLO City 1 Engine

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·
DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E Outside of Core Area Cal-Fire 1 Engine
Vehicle Traffic Collision on Highway l in
Cal-Fire Response Area A36(Highway
l from Highland to StennerCreek Road)
SLOCity
Cal-Fire
1 Engine
Response per Cal-Fire Response Plan
Haz. Mat. Response Inside and Outside
of Core Area
SLO City
Cal-Fire
1 Engineorasappropriateper
SLO City Response Card
l Engine or asRequested

3. Fires on StateProperty
Cal-Fire Investigator or engine must respond to all fires on state property per Health and Safety Code Section 13107.

4. Frequencies
Command
Inside Core Area: City Net
Outside CoreArea: Wildland -As Determined by the ECC
All Other Incidents -City Net
Tactical
Inside Core Area: City Tactical
Outside Core Area: White 2 or 3 as Determined by ECC

5. Incident Command Responsibility
Inside Core Area: SLO City
Outside Core Area: Unified Command on All Incidents

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E

ATTACHMENT E

OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID

AUTOMATIC AID AGREEMENT BETWEEN
City of San Luis Obispo Fire Department
And
County of San Luis Obispo
for
The San Luis Obispo County Fire Department I CAL FIRE San Luis Obispo Unit THIS AGREEMENT, ("Agreement") is made and entered into for a term of five (5) years, commencing on the date of the final signature to the Agreement, between the City of San Luis Obispo City Fire Department, hereinafter referred to as "SLO", and the County of San Luis Obispo for San Luis Obispo County Fire Department, hereinafter referred to as "SLC". SLO and SLC may be referred to herein individually as a "Party" and collectively as "Parties." WITNESSETH:

WHEREAS, the Parties provide fire protection services to contiguous areas located in the County of San Luis Obispo, State of California; and
WHEREAS, the Parties have determined that it is of mutual benefit that they render reciprocal emergency assistance for fires and other emergencies, under circumstances not covered by or within the scope of the California Fire Service and Rescue Emergency Mutual Aid Plan but constituting so- called "day-to-day automatic aid" arising out of expediency rather than necessity.

NOW, THEREFORE, in consideration of their mutual covenants set forth herein, the Parties agree as follows:

I. AUTOMATIC AID RESPONSE
A. GENERAL PROVISIONS

1. Each Party will provide emergency response in the service area of the other Party as described in Exhibit 1, attached hereto, and incorporated herein. For the purposes of this Agreement, "emergency" shall mean a situation requiring a response with the use of red lights and sirens, and "non-emergency" shall mean a situation not requiring a response with the use of red lights and sirens.

2. Non-emergency responses for public service, post- fire investigation, fire prevention, and other routine calls, shall not be a part of the Agreement. Responses to these calls shall remain with the jurisdiction having authority.

B. GUIDELINES GOVERNING RESPONSE TO AN EMERGENCY

1. When responding to an emergency under this Agreement, the Parties agree to send the resources described in Exhibit 1, provided, however, that no Party shall be required to unreasonably deplete its own resources, facilities, and servicesin furnishing such mutual aid. Page 118 of 767
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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E

2. If a resource included in the Resource Response Matrix in Exhibit A is requested to respond but is either not available or out of position, the sending Party shall immediately notify the receiving Party so that it can dispatch its own resources.

3. The Party sending aid under this Agreement shall dispatch only the equipment and personnel requested or communicate with the AHJ dispatch center alternate and equivalent resources being sent at the discretion of a chief officer.

C. COMMITMENT TO JOINT TRAINING
Each Party to this Agreement shall use its best efforts to schedule and participate in joint training exercises at mutually agreed upon times and locations in order to ensure that optimal performance levels are maintained; provided, however, that this Section shall not commit either Party to paying the costs of such training.

D. COMMITMENT TO INFORMATION SHARING
Both Parties to this Agreement shall freely share information such as pre-plans, mapping, and GIS data in digital and hard-copy formats as requested in order to ensure optimal performance levels are maintained.

II. COMMAND AUTHORITY
A. Responsible Party to Have Command Authority

1. The Incident Command System (ICS)shall be the command system used at incidents.

2. Equipment shall be operated only by personnel from the Party providing the equipment.

3. The first fire officer at scene will assume the role of Incident Commander (IC) and determine the need for continued response by other dispatched units and/or call for additional resources. Once arriving at the scene, the first chief officer may assume IC.

4. If the IC determines that the full response is not warranted and an apparatus or resource from the AHJ is not yet on scene, the sending party may reduce the AHJ response to a single “Code 2” resource, but not cancel their response entirely.

5. When both Parties are responding to the same emergency, and jurisdictional responsibility has been determined, the Party sending automatic aid under this Agreement shall work under the direction of the Party having jurisdictional authority, which shall be the receiving Party.

6. Parties shall remain on the scene of the emergency until released at the discretion of the IC. Such release shall be as expeditious as possible.

B. Judicious Use of Personnel and Equipment

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E

1. It shall be the responsibility of the Incident Commander to utilize the personnel and equipment of the sending Party only to the extent that is required to bring the emergency under control.

2. The sending Party shall not be required to provide assistance for overhaul and/or clean-up operations after the fire or other emergency has been controlled/stabilized.

C. Order of Release
While the personnel and equipment from the sending Party should generally be the first released from the scene of an emergency, the needs of the incident and any special equipment provided may drive the need to retain personnel from the sending party.

III. REPORTS
A. Structure or Multi-Jurisdiction Response
If the party having jurisdictional authority (the AHJ) has arrived on scene during the emergency, that party shall be responsible for preparing, filing, recording, and storing all required reports. If the AHJ does not arrive on scene during the emergency, the sending party shall be responsible for providing the information needed by the AHJ for required reports.

B. Report of Jurisdiction Providing Automatic-Aid
The sending Party, upon request, shall provide the AHJ with a report, pursuant to the National Fire Incident Reporting System, describing the details of the emergency and the services provided.

IV. COMPENSATION
All services provided by either Party under this Agreement shall be performed without monetary compensation or reimbursement, except to the extent expressly provided in this Agreement. The mutual advantage, protection, and service afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. The Parties acknowledge their mutual intention that the value of the services provided and received by each Party is intended to be equal. The Parties agree, however, that to the extent that compensation, including but not limited to statutory cost recovery, is or may be available from one or more third parties as a result of an incident in which response was rendered under this Agreement, it is the intention of the Parties to cooperatively pursue such compensation and to allocate any recovery pro rata in accordance with the costs incurred by each entity providing response to the incident.

V. LIABILITY/HOLD HARMLESS
Nothing in the provisions of this Agreement is intended to affect the legal liability of either Party to this Agreement by imposing any standard of care different from the standard of care imposed by l a w.

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E Each Party shall bear the costs of Workers' Compensation for its own personnel, including when such personnel are furnished by the sending Party under this Agreement.

Each Party shall bear the costs and shall not file claims against the other party(s) for losses resulting from the performance of this agreement, including:

Repair or replacement of its supplies, durable goods, equipment, apparatus, vehicles, or other assets
Injuries, including death, of its employees, agent’s volunteers, orcontractors.

The parties agree that any and all claims for damage to private property resulting from the performance of this agreement shall be processed by the Party having jurisdictional authority (the AHJ).

In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata. Instead, pursuant to Government Code Section 895.4, each Party hereto shall fully indemnify and hold the other Party, its officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under the Agreement. No Party, nor any officer, board member, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Party under this Agreement.

VI. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES
This Agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever.

VII. INDEPENDENT PARTIES
None of the provisions of this Agreement is intended to create, nor shall be deemed or construed to create any relationship between the Parties other than that of independent parties contracting with each other for the purpose of effecting the provisions of this Agreement. The Parties are not and will not be construed to be in a relationship of joint venture, partnership, or employer-employee.

Neither Party hasthe authority to make any statements, representations, or commitments of any kind on behalf of the other Party, or to use the name of the other Party in any publication or advertisements, except with the written consent of the other Party or as explicitly provided herein.

Each Party will be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any.

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E VIII. NONDISCRIMINATION
Each Party shall comply with all applicable Federal, State, and local laws and regulations. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code Sections 12900 et seq.); California Code of Regulations, Title II, Division 4, Chapter 5; and California Labor Code Sections 1101 and 1102. Neither Party shall discriminate against any subcontractor, employee, applicant, or any person f o r employment or in the provision ofservices because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

IX. TERMINATION
This Agreement may be terminated by either Party upon written notice of termination given to the other Party at least thirty (30) days in advance of the effective date of termination.

X. NOTICES
All notices of the Parties shall be in writing and shall be addressed to the primary contact for each Party as set forth below:

SLO
Fire Chief
2160 Santa Barbara St.

San Luis Obispo, CA 93401
SLC
Fire Chief
San Luis Obispo County Fire Department 635 N.

SantaRosa
San Luis Obispo, CA 93405
Notices shall be personally served or mailed, postage prepaid to the address designated above, or to such other address as may be designated by written notice. Notice shall be deemed given when personally served or three business days after deposit in the mail.

XI. AMENDMENTS TO CONTRACT
A. This Agreement shall not be amended or altered without the written consent of theParties.

B. The Fire Chiefs of the Parties shall have the authority to make additions, deletions, or other amendments to the Exhibits, including the areas in which Automatic Aid is to be provided and the resources included in the Resource Response Matrix in Exhibit C. Such changes shall be made in writing upon the Fire Chiefs' mutual agreement and shall not require written amendment of this Agreement by the Parties.

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E XII. ENTIRE AGREEMENT
This document embodies the entire agreement between the Parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the Parties with respect to the subject matter of this Agreement are replaced by this Agreement.

XIII. ASSIGNMENT
Neither Party may assign any of its rights, delegate any of its duties, or subcontract any portion of its work or business under this Agreement without the prior written consent of the other Party, which consent may be withheld by the other Party in its sole and absolute discretion. No assignment, delegation or subcontracting will release either Party from any of its obligations or alter any of its obligations under this Agreement.

XIV. SEVERABILITY
If any term, covenant, condition, or provision of this Agreement, or the application thereof to any person or circumstance,shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, and provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

XV. CONTROLLING LAW AND VENUE
This Agreement shall be construed, and its performance enforced under California law. Inthe event that suit shall be brought by either Party to this Agreement, the Parties agree that venue shall be exclusively vested in the state courts of the County of San Luis Obispo or, if federal jurisdiction is appropriate, exclusively in the United States District Court for the Southern District of California, in Los Angeles, California.

XVI. EXECUTION BY COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date of the final signature to the Agreement.

APPROVED AS TO FORM SAN LUIS OBISPO CITY FIRE DEPARTMENT By:

Todd Tuggle
Name:

Title: City of San Luis Obispo Fire Chief
5/16/2024 | 7:42 PM PDT
Date:

APPROVED AS TO FORM SAN LUIS COUNTY FIRE DEPARTMENT
By:

Name:

John Owens
Title: Cal Fire San Luis Obispo County Fire Chief
Date:
5/17/2024 | 8:22 AM PDT

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E

AUTOMATIC AID AGREEMENT BETWEEN
San Luis Obispo City Fire Department
And
The San Luis Obispo County Fire Department / CAL FIRE San Luis Obispo Unit OPERATIONAL PROCEDURES - Exhibit 1
A. DISPATCH PROCEDURES
San Luis Obispo City Fire Department dispatches alarms for emergency assistance for SLO.

The CAL FIRE/SLO County Fire Emergency Command Center (ECC) in San Luis Obispo dispatches alarms for emergency assistance for SLC.

When an alarm is received by the AHJ regarding an emergency in an area covered by the Agreement, the AHJ shall request dispatch of the automatic aid resources of the sending jurisdiction as required by this Agreement. The operational philosophy is that the first due engine shall be first dispatched.

B. NOTIFICATION
For alarms originating in the jurisdiction of the AHJ, the agency will send the incident information electronically via CAD to CAD to the sending Party's dispatch center. The sending Party will then reply electronically in CAD to CAD with a message in the incident notes "Copy" within 30 seconds. If no "Copy" is sent a follow up by a phone call will be made by the AHJ directly to the sending Party's dispatch center.

C. RADIO FREQUENCIES FOR USE IN RESPONSE
Fire apparatus from both Parties responding to the same incident shall work on common radio frequencies.

Alarms in San Luis Obispo City will be handled on City Fire Dispatch or on an assigned command channel.

Alarms in San Luis Obispo County will be handled on a command channel assigned by the San Luis Emergency Command Center; XSL CMD 4, XSL CMD 5, SLU Local.

For structure fire alarms in San Luis Obispo, the primary tactical will be SLO City TAC 1 and a common secondary tactical channel will be assigned by the ECC as needed.

Vegetation Fire Alarms in SLO MTZ, will be handled on County CMD 5, or alternate command channel assigned by the San Luis Emergency Command Center For all Vegetation Fire Alarms, the ECC will assign an Air to Ground Frequency and a common tactical channel, typically VFIRE 23 or alternate.

For all open space rescues in San Luis Obispo City, and remote area rescues in San Luis Obispo County covered by this agreement will use SLO Common as the primary tactical channel. Page 125 of 767
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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E Automatic Aid Resource Response Matrix
FOR RESPONSES IN RESPONSE AREAS: (Fill in fromCAD)
SLO willsend these
resources to SLC/SLU SLC/SLUwillsendthese resources to SLO Incident Type
A2, A4, A5, A5A A5B,
A8, A9, A10, A10A,
A10B, A12, A14, A17,
A20 A21, A22, A23, A24,
A28, A33, A34, A35,
A36, A37, A38
BC Engine Other BC Engine Rescue Other
Structure FireRes.(FSR) 1 1 1 1
Structure Fire(FSC) 1 0 1 Truck 1 1
MultiOcc. Fire (FSM) 1 1 1 1
Structure Fire Other(FSO) 1 1 1 1
Aircraft Fire(FAA) 1 1 1 1
Structure Fire Veg (FSRW) 1 1 1 2
Veg Fire Median / Vacant
Lot (FWLCD)
1 1 1
Vegetation Fire Winter 1 1 1 1 1 Any
Vegetation Fire Low 0 1 0 1 Any
Vegetation Fire Medium/High 1 1 1 1 Any
1 Type 3
1 AA2
1 DOZ
Vehicle Fire Passenger(FVP) 1 1 0 0
Vehicle Fire Comm.(FVC) 1 1 0 1
Train Derail, Fire (FVCT) 1 1 1 1
Fire Alarms (FSRA, FSCA, FSMA) 0 0 0 0
Smoke Check (FCS) 0 0 0 0
FireOther (FOD, FOO, FOI) 0 0 0 0
1 When SLU is in Winter Preparedness.
2 If CAL FIRE aircraft is not available or closest, ECC will inquire if SLO would like Federal aircraft.

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E Medical Aid (MED,

MEDU, MVI, MVIS)
0 *1 0 0
Traffic Collision(MTC) 1 1 0 0
Traffic Coll Extrication
(MTX) .
1 1 0 0
Traffic Coll Highway (MTCH) 1 1 0 0
Traffic Coll Multi-Veh
(MTCMV)
1 1 0 0
Aircraft Emergency (MEDCT4,

MEDCTS)
1 1 0 0
Mass Casualty (MEDM, MTCM) 1 1 0 1
Cliff Rescue (MRECLF) 0 1 0 0
Swift WaterRescue
(MRESWF)
0 1 0 0
Surf Rescue (MRESRF) 0 0 0 0
Confined Space Res
(MRECS)
1 1 1 1
Trench Rescue (MRETCH) 1 1 1 1
USAR (MREUSR) 0 1 0 0
Open Space Recue 1 1 *UTV 1 1
Haz-Mat (HZM) 0 0 0 0
Fire Menace Standby (HFS) 0 0 0 0
Earthquake (HFSEQ) 0 0 0 0
BombThreat (HSB) 0 0 0 0
Tree into House(HOAT) 0 0 0 0
Electrical Hazard (HSE) 0 0 0 0
Terrorist Threat (HTI) 0 0 0 0
Nat. Gas / Propane Leak
(HSGC, HSGR)
0 0 0 0
Carbon Monoxide
Detector (HSGCO)
0 0 0 0
LiquidFuelLeak(HZMF) 0 0 0 0
PSA (PAO) (PAF) 0 0 0 0
*SLO Fire Department will provide EMS to A14, A20, A20j, A35 Auto-Aid. All other areas would bemutual aid request if SLUunits areoutofposition. *A-20, A-20J Johnson Ranch, A-4 Poly Canyon/Miossi, A-35 Cerro San Luis, A-8 Bishops, and A-17 Reservoir canyon

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E MTZ Wildland
Addendum
SLO –San Luis Obispo City
Fire will send these resources
totheMTZ
SLC/SLU-Willsend these resources to SLO
Incident Type MTZ
BC Engine Other BC Engine Aircraft Other
Vegetation Fire Winter 3 1 1 1 1Any
Vegetation Fire Low 1 1 1 1 Type 1 1AA
Vegetation Fire Medium 1 1 1 1 Type 1
1 Type 3
1AA
1AT
1DOZ
1 CRW
Vegetation Fire High 1 2 1 6
2 Type 1
4 Type3
1AA,
2 AT
1 HELI
2 DOZ, 2
CRW
Structure Fire Veg(FSRW) 1 2 1 4
1Type 1
3 Type3
lAA,2
AT,
1 HE L
1 DOZ,2
CRW

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DocuSign Envelope ID: EA62F387-E9CB-449A-956D-7EF1C6CCA63E The Response Area map is SLOFD’s auto aid area with E21.

Page 129 of 767 ends

The Mutual Threat Zone map represents where SLOFD will use CalFire radio channels and leverage their resources.

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ATTACHMENT F
Consumer Price Index

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: June 13, 2024
TO: Mayor and Council
FROM: Timmi Tway, Community Development Director
VIA: Whitney McDonald, Interim City Manager
SUBJECT: ITEM 6I – APPROVAL OF THE FINAL MAP FOR TRACT 3136 PHASE 1, 3580 BULLOCK LANE (SBDV-0490-2019)
Staff has received a request from the applicant, Barry Ephraim, Bullock Ranch LLC, to remove this item from the June 18, 2024 City Council meeting. Staff will work with the applicant to place this item on a future agenda as appropriate.

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Item 6i
Department: Community Development
Cost Center: 4003
For Agenda of: 6/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Steve LaChaine, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3136 PHASE 1, 3580 BULLOCK LANE (SBDV-0490-2019)

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 3136 Phase 1 (3580 Bullock Lane, SBDV-0490-2019),” and authorize the Mayor to execute a Subdivision Agreement in a form subject to the approval of the City Attorney.

POLICY CONTEXT
This item supports the development of 96 housing units in Tract 3136 Phase 1, which directly advances a Major City Goal for additional housing needs. City Council approval is required for subdivision final maps pursuant to Government Code 66458(a).

DISCUSSION
Background
Tract 3136 (SBDV-0490-2019), commonly known as Bullock Ranch, is located at 3580 Bullock Lane (Attachment A) in the Orcutt Area Specific Plan (OASP) area. A vesting tentative tract map for Tract 3136 was approved by the City Council on January 11, 2022, by Resolution No. 11299 (2022 Series). The tentative map (Attachment B) approved a 192-unit mixed-use development, including seven live/work units, a 585-square-foot commercial unit, on-site parking, and other residential community amenities for the subdivider (Bullock Ranch, LLC) to develop. The Phase 1 final map creates a total of 9 lots on 7.20 acres of the 10.93-acre Bullock Ranch site. The 3.73-acre Remainder Parcel (Future Tract 3136 Phase 2) will include the remaining 5 lots.

The tentative map and project conditions of approval included the finished buildout of Bullock Lane as a public collector street from its existing southerly terminus south of Orcutt Road to the recently constructed roundabout at Tiburon Way/Bullock Lane/Righetti Ranch Road, providing new connectivity between Orcutt Road and the Orcutt Specific Plan Area. The developer was successful in acquiring the necessary private right-of-way required for these improvements and is required to complete construction prior to occupancy of the development.

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Item 6i
The tentative map and Condition of Approval 83 required the developer to design and construct an extension of the Railroad Safety Trail shared-use path between Tiburon Way and Orcutt Road along the west side of Bullock Lane, parallel to the Union Pacific Railroad (UPRR) tracks. However, this condition was contingent on the City acquiring the necessary easements from UPRR needed to construct the facility.

Unfortunately, after nearly two years of coordination and negotiations between UPRR and City staff, UPRR ultimately rejected the City’s request for the easement needed to construct the shared-use path extension. Instead, UPRR has requested that the City first complete a series of improvements to the existing at-grade rail crossing on Orcutt Road before they will grant the easements needed for the shared-use path extension, such as the installation of additional flashers, medians, ADA improvements, and other minor improvements related to striping and signage.

The developer has substantially completed the design for the path extension per the project conditions of approval, however, they are no longer obligated to construct the facility due to the lack of the required easement. Instead, they will provide all design materials to the City and pay their fair share financial contribution towards future construction of these improvements by the City through participation in the Citywide and Orcutt Subarea Transportation Impact Fee programs. As part of the City’s 2023-25 Financial Plan, funding was allocated for City staff to initiate design work for the Orcutt Road rail crossing improvements requested by UPRR as a condition of the granting the easement. The Financial Plan also allocated funding for construction of the shared-use path extension as a City-led capital improvement project.

Subdivision Improvements
The public improvements required for this subdivision consist of street and utility improvements to Bullock Lane and Ranch House Road along the project frontage and to Bullock Lane extending north approximately 300 feet. Access to the subdivision is provided via Bullock Lane on the west side, and on the east side of the project, Sponza Drive extends into the project site as a private street, creating a four-way intersection at the intersection of Sponza Drive and Ranch House Road. All of the in-tract utilities and streets will be privately owned and maintained.

The scope of the proposed subdivision improvements to be constructed with Tract 3136 Phase 1 are consistent with the approved project entitlements and conditions of approval, except for the bicycle and pedestrian path along the railroad right-of-way, which has been deferred due to the inability to come to an agreement with UPRR as explained above.

Affordable Housing
As identified in Condition #18, the City is actively working with the Subdivider to complete the Affordable Housing Agreement. The Agreement outlines the inclusionary units required for the project. The number and type of inclusionary units are consistent with the requirements of Housing Element policy 4.1, Municipal Code Section 17.138.040 and policies 3.3.1 through 3.3.7 of the Orcutt Area Specific Plan (OASP). Notably, OASP Policy 3.3.5 exempts the Community Commercial Mixed-Use portions of any project from Inclusionary Housing requirements.

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Item 6i
Resolution No. 11299 (2022 Series) Condition No. 18 identifies that seven (7) deed restricted affordable units are required within the project (2 low and 5 moderate income households). The agreement will be reviewed and approved by the Community Development Director and be recorded concurrent with recordation of the final map. The seven (7) affordable units are divided into two (2) for Tract 3136 Phase 1 and five (5) for Future Tract 3136 Phase 2 (Remainder).

Approving the Final Map
The tentative map has an initial two-year life per Municipal Code Section 16.10.150, therefore, this vesting tentative map originally had an expiration date of October 27, 2023.

The expirations of tentative map approvals were automatically extended 18 months pursuant to City Council Resolution 11264 related to Covid-19 emergency actions which extended the tentative map approval for Bullock Ranch to August 28, 2024. The filing of Phase 1 will automatically extend the life of the tentative map by an additional 36 months beyond the August 28, 2024 expiration date per California Government Code 66452.6(A).

The draft final map for Tract 3136 Phase 1 (Attachment D) is ready for review and approval and near the level of completeness needed for recordation with the County.

Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has determined that the Phase 1 final map is in substantial compliance with the tentative map.

Section 66474.1 of the Subdivision Map Act states that “a Legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.” In other words, the approval of a final map is considered a ministerial action because approval is required if the final map is in substantial conformance with the approved tentative map.

Appropriate securities will be submitted prior to map recordation to guarantee completion of the required subdivision improvements as shown in the Subdivision Agreement Phase 1 (Attachment E). The resolution approving the Tract 3136 Phase 1 final map (Attachment G) also authorizes the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.

CONCURRENCE
The Public Works Department and Natural Resources Manager concur with the recommended action.

ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR) were approved and certified by City Council on March 2, 2010. The Bullock Ranch Vesting Tentative Tract Map #3136 (VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted by City Council Resolution 11299 on January 11, 2022. Both the 2010 FEIR and subsequent IS/MND constitute the complete environmental determination for the project.

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Item 6i
Approval of the final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no further environmental review is required.

FISCAL IMPACT
Budgeted: Yes/No Budget Year: 2024-25
Funding Identified: Yes/No
Fiscal Analysis:

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

Total $ $ $ $
There is no new fiscal impact to the City associated with approving the final map for Tract 3136 Phase 1. The public improvements that will be constructed with this tract will result in an increase in maintenance costs for the public street improvements, water/fire services, and other infrastructure upon acceptance of the improvements by the City.

These costs will be shown in future Financial Plans as the facilities are accepted and begin to require standard maintenance. The interior access roads/drive aisles, on-site utilities, and stormwater improvements are private and will be maintained by the property owners/Homeowners Association.

ALTERNATIVES
The City Council could deny approval of the final map. Denying approval of the final map is only appropriate if findings are made that the requirements or conditions of the tentative map have not been met or performed (Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in substantial compliance with the previously approved tentative map (Section 66474.1 of the Subdivision Map Act). Since the final map is in substantial compliance with the tentative map, Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the map. Therefore, denying approval of the final map is not a recommended alternative unless the required findings are made.

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Item 6i

ATTACHMENTS
A - Draft Resolution approving the Final Map (SBDV-0490-2019) B - Tract 3136 Phase 1 Vicinity Map
C - Tract 3136 Phase 1 Vesting Tentative Tract Map
D - Tract 3136 Phase 1 Subdivision Improvement Plans – Excerpt E - Tract 3136 Phase 1 Draft Final Map
F - Tract 3136 Phase 1 Subdivision Agreement

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R _____
RESOLUTION NO. ___________ (2024 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 3136 PHASE 1 (3580 BULLOCK LANE, SBDV-0490-2019)
WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 3136 Phase 1, as prescribed in Resolution No. 11299 (2022 Series); and WHEREAS, the City is actively working with the subdivider on an Affordable Housing Agreement for two (2) deed restricted affordable housing units for the Bungalows in Phase 1, as prescribed in Resolution No. 11299 (2022 Series). The agreement shall be approved by the director of Community Development and record concurrent with recordation of the final map; and
WHEREAS, all the requirements, conditions and mitigation measures of said Resolution No. 11299 (2022 Series) will be completed or appropriate securities will be in place prior to Phase 1 map recordation to guarantee their completion; and WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010. The Bullock Ranch Vesting Tentative Tract Map #3136 (VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted on January 11, 2022. Both the 2010 FEIR and subsequent IS/MND constitute the complete environmental determination for the project.

Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines).

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

SECTION 1. The final map for Tract 3136 is found to be in substantial compliance with the tentative map.

SECTION 2. The Mayor is authorized to execute a Subdivision Agreement for Tract 3136 Phase 1 in a form subject to the approval of the City Attorney.

SECTION 3. Approval of the final map for Tract 3136 Phase 1 is hereby granted.

SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution.

Page 141 of 767 ends

Resolution No. _________ (2024 Series) Page 2
R _____
SECTION 5. Environmental Review. The 2010 Final Environmental Impact Report for the Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for Vesting Tentative Tract Map 3136 constitute the complete environmental determination for the project. Approval of a final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines).

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

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VICINITY MAP
TRACT 3136 NOT TO SCALE

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OH OH OH OH OH OH OH ARV
APN 053-061-053
225 230 235 223 224
226 227 228 229
231 231231 232 233 233 233 234 236 237 23 2
N 32°01'02" W 231.32'
50' 50' 30' 27'
100' 57'

PIPE LINES EASEMENT
2348/OR/112

SLOPE MAINTENANCE EASEMENT
31/OR/409

STREET RIGHT-OF-WAY
DOC #17-24305

PUBLIC ROAD/UTILITY
DOC #90-38260
22' SEWER EASEMENT
DOC #17-24306
(TO BE ABANDONED)

PIPE LINES EASEMENT
2348/OR/112

PUBLIC STREET/UTILITIES
DOC #17-25192

STORM DRAIN EASEMENT
DOC #17-24540

TO BE ABANDONED
30' OFFER OF

DEDICATION
27' OFFER OF

DEDICATION
193.42' 152.83' 182.00' 180.00' 204.00' 53.19'
240.14' 59.00' 163.47'
158.33' 79.28' 225.00'
224.90' 79.30' 158.34'
240.25' 222.30' (E) PARCEL LINE TO BE DELETED

STREET IMPROVMENTS

PER APPROVED PLANS
TYP

STREET IMPROVMENTS

PER APPROVED PLANS
TYP

PROPOSED AIRSPACE

CONDOMINIUM TYP
PHASE 2
PHASE 1
PHASE 2
PHASE 1
PHASE 2
PHASE 1
3 35,707 SF
2 19,639 SF
9 13,046 SF
8 31,713 SF
4 43,243 SF
5 46,590 SF
11 34,375 SF
10 12,118 SF
12 41,880 SF
13 50,146 SF
14 24,199 SF
6 31,713 SF
7 29,424 SF
1 36,851 SF

PROPOSED AIRSPACE

CONDOMINIUM TYP
8' PRIVATE

DRAINAGE

EASEMENT
6' DRAINAGE EASEMENT TO
BENEFIT APN 076-481-007 PROPOSED AIRSPACE CONDOMINIUM TYP

PROPOSED AIRSPACE

CONDOMINIUM TYP

ZONED 'MIXED USE/NEIGHBORHOOD

COMMERCIAL (SHADED AREA)

SPONZA PL
'B' STREET
'B' STREET
'C' STREET
COURT '1'
COURT '2'
COURT '4'
COURT '3'
COURT '5'
COURT '6'
'C' STREET
COURT '11'
COURT '10'
COURT '9'
COURT '7'
COURT '8'

SPONZA PL
'A' STREET
'A' STREET
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
Bullock Ranch
SAN LUIS OBISPO, CA # 2018-1068
Vesting Tentative Tract 3136
SEPTEMBER 28, 2021
NORTH
40 20 0 40 80
SCALE: 1" = 40'

B U L L O C K L N

U P R R
Proposed Parcel Index
Lot Phase Area (sf) Condominiums
11 36,851 0
2 1 19,639 8
31 34,707 10
4 1 43,243 18
5 1 46,590 16
61 31,713 12
7 1 29,424 12
81 31,843 12
91 13,046 8
10 2 12,118 0
11 2 34,375 30
12 2 41,880 2413 2 50,146 2414 2 24,199 18
OFFERS - 25,161 -
TOTAL - 475,935 192
Existing Parcel Index
Prior APN Gross Net

OWNER PRIOR CURRENT LOT SF ACRE SF ACRE
Anderson 076-481-008 004-705-009 PORTION LOT 133 1/LS/92 237,930 5.46 231,739 5.32 Evans 076-491-008 053-061-053 PORTION LOT 134 1/LS/92 238,005 5.46 219,974 5.05 TOTAL 475,935 10.93 451,713 10.37

SANDPIPER INVESTMENTS (PRATT)
APN 004-705-010

PEPPERTREE PROPERTIES (JONES)
APN 004-709-026, -027, -028
TRACT 3066
PSSH
APN 053-061-057
MUICK
APN 004-705-005
TRACT 3044

SANDPIPER INVESTMENTS (PRATT)
APN 053-061-056
TRACT 3111
BLANKET EASEMENT NOTE:

ALL ON-SITE AREAS EXCEPT BUILDINGS, PRIVATE PATIOS/PORCHES,AND FENCED REAR YARDS ARE RESERVED FOR COMMON USE, PUE, PRIVATE ACCESS, UTILITY, SEWER, WATER, AND DRAINAGE EASEMENTS.

PRIVATE RECIPROCAL

ACCESS EASEMENT

PRIVATE RECIPROCALPEDESTRIAN

ACCESS EASEMENT

TO THE NORTH OF THE OASP CITY OWNS LAND
UNDER WESTERN 30 FEET OF BULLOCK LANE

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GRADING LEGEND

GENERAL LEGEND
99 100

MB MB MB MB MB MB
LOT 9
LOT 17
LOT 18
TC@DI:
236.5'
TC@DI: 239.0' TC@DI: 238.8'
TG:235.1'
TG:238.3'
CONC
240
238 237
239
230
235
230
230
230
235
235
235
230
235
240
FP 236.29 FP 235.76
FP 234.76 FP 235.29
FP 232.51 FP 233.19
FP 231.51 FP 232.19
FP 237.62 FP 237.19 FP 236.86 FP 236.53
FP 236.62 FP 236.19 FP 235.86 FP 235.53
FP 240.11
FP 239.78 FP 239.31 FP 238.98 FP 238.46
FP 239.11 FP 238.78 FP 238.31 FP 237.98 FP 237.46
FP 238.05
FP 234.34 FP 234.84
FP 235.59
FP 236.34
FP 237.05
FP 237.55
FP 236.87
FP 233.38
FP 234.88
FP 234.12 FP 233.74 FP 233.49 FP 232.49 FP 231.99 FP 231.49 FP 232.12 FP 231.74 FP 231.49 FP 230.49 FP 229.99
FP 231.21
FP 229.71 FP 230.39
FP 231.89
FP 237.37
FP 235.88
FP 235.13
FP 234.38
GRADING GENERAL NOTES:

PHASING NOTES:

R R
TRACT 3136 - BULLOCK RANCH
0 20' 40'
SCALE: 1" = 20'
CONTINUATION LINE - SEE C4.1
&
GRADING - PHASED - GRADING 01 - PHASE 1

NOT FOR

CONSTRUCTION

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LOT 1
LOT 8
LOT 2
LOT 7
L
DIRT MOUND 220
225
220
220
220
225
230
220
225
220
225
FP 232.12 FP 231.74 FP 231.49 FP 230.49 FP 229.99
FP 228.62 FP 228.24 FP 228.24 FP 227.51 FP 226.51
FP 226.62 FP 225.51
FP 229.71 FP 230.39
FP 226.85 FP 227.29
FP 225.35 FP 225.79
FP 226.33 FP 226.08 FP 225.46 FP 224.95
FP 222.95
FP 224.08 FP 223.46 FP 223.46 FP 224.33
FP 221.13 FP 220.46 FP 219.54 FP 219.74
FP 219.63 FP 219.13 FP 218.46 FP 217.54 FP 218.24
FP 225.39
FP 224.89 FP 223.47
FP 224.97
FP 221.15 FP 221.65
FP 219.65 FP 220.15
FP 219.58 FP 219.08 FP 218.58
FP 218.08 FP 217.58 FP 217.08
FP 217.03
FP 217.53
FP 218.21
FP 218.71 FP 216.83
FP 226.24
FP 217.83P 216.25 P 215.58 FP 217.08

GRADING LEGENDGENERAL LEGEND
99 100
GRADING GENERAL NOTES:

PHASING NOTES:

R R
TRACT 3136 - BULLOCK RANCH
CONTINUATION LINE - SEE C4.0
CONTINUATION LINE - SEE C4.2
0 20' 40'
SCALE: 1" = 20'
&1
GRADING - PHASED - GRADING 02 - PHASE 1
PHASE 1
PHASE 2
PHASE 1
PHASE 2 NOT FOR

CONSTRUCTION

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G G G G G G G G G G G G G G G G G G G
G
G
G

EDGE OF RAILROAD ROCK RUBBLE

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH STRUCTURE TC@DI: 213.1'
TC@D
213.3
AIL (TOP): 2' AIL (TOP): 4 5' RAIL (TOP): 4.0'
TG:209.8'
211
212 213
211 212213
214

PAVEMENT

STRUCTURE

STRUCTURES
SHED
SHED

OLD CONC FOUNDATION DIRT MOUND

PAVEMENT

SHED SHED

STRUCTURES
210
210
215
215
215
220
220
215
220
210
210
208
208
209
209
FP 219.58 FP 219.08 FP 218.58
FP 218.08 FP 217.58 FP 217.08
FP 217.33 FP 216.83 FP 216.33
FP 215.33 FP 215.03
FP 215.70 FP 216.37
FP 217.03
FP 215.03 FP 215.86 FP 216.69 FP 217.53
FP 215.21 FP 216.21 FP 217.21 FP 218.21
FP 218.71 FP 217.71 FP 216.71 FP 215.71 FP 215.83FP 216.83 FP 213.42
FP 213.02
FP 213.08
FP 213.08
FP 213.38
FP 217
FP 213.83
FP 216.25
FP 215.58
FP 215.69
FP 215.33
FP 214.57
FP 213.83 FP 21
7 GRADING LEGENDGENERAL LEGEND
99 100
GRADING GENERAL NOTES:

PHASING NOTES:

R R
TRACT 3136 - BULLOCK RANCH
CONTINUATION LINE - SEE C4.1
0 20' 40'
SCALE: 1" = 20'
&
GRADING - PHASED - GRADING 03 - PHASE 2

NOT FOR

CONSTRUCTION

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GRADING LEGEND

GENERAL LEGEND
99 100

MB MB MB MB MB MB
225
220
220
215
220

R R
TRACT 3136 - BULLOCK RANCH
0 10' 20'
SCALE: 1" = 10'
&
GRADING - PHASED - GRADING DETAILS 1 ACCESSIBLE PARKING DETAIL 2 STREET CROSSING DETAIL 3 STREET CROSSING DETAIL 4 INTERSECTION CROSSING DETAIL 5 STREET CROSSING DETAIL 6 STREET CROSSING DETAIL 7 STREET CROSSING DETAIL 8 STREET CROSSING DETAIL9 ACCESSIBLE PARKING DETAIL 10 ACCESSIBLE PARKING DETAIL 11 STREET CROSSING DETAIL PHASE 1
PHASE 2
PHASE 1
PHASE 2
PHASE 1
PHASE 2
PHASE 1
PHASE 2

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MB MB MB MB MB MB
LOT 9
LOT 17
LOT 18

GENERAL LEGEND

SANITARY SEWER KEY NOTESSTORM DRAIN KEY NOTES

WATER KEY NOTES

UTILITY GENERAL NOTES
STORM DRAIN LEGEND:

WATER LEGEND:

SANITARY SEWER LEGEND:

DRY UTILITY LEGEND:

PHASING NOTES:

R R
TRACT 3136 - BULLOCK RANCH
0 20' 40'
SCALE: 1" = 20'
CONTINUATION LINE - SEE C5.1
C5.0
UTILITY PLAN - PHASE 1

NOT FOR

CONSTRUCTION

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GENERAL LEGEND

SANITARY SEWER KEY NOTESSTORM DRAIN KEY NOTES

WATER KEY NOTES

UTILITY GENERAL NOTES
STORM DRAIN LEGEND:

WATER LEGEND:

SANITARY SEWER LEGEND:

DRY UTILITY LEGEND:

PHASING NOTES:

R R
TRACT 3136 - BULLOCK RANCH
0 20' 40'
SCALE: 1" = 20'
CONTINUATION LINE - SEE C5.0
CONTINUATION LINE - SEE C5.2
0 20' 40'
SCALE: 1" = 20'
C5.1
UTILITY PLAN - PHASE 1

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G G G G G G G G G G G G G G G G G G G
G
G
G

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH

GENERAL LEGEND

STORM DRAIN KEY NOTES

WATER KEY NOTES
STORM DRAIN LEGEND:

WATER LEGEND:

SANITARY SEWER LEGEND:

DRY UTILITY LEGEND:

SANITARY SEWER KEY NOTES
PHASING NOTES: UTILITY GENERAL NOTES

R R
TRACT 3136 - BULLOCK RANCH
CONTINUATION LINE - SEE C5.1
0 20' 40'
SCALE: 1" = 20'
C5.2
UTILITY PLAN - PHASE 2

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GENERAL LEGEND

MB MB MB MB MB MB
GENERAL KEY NOTES:

PHASING NOTES:

R R
TRACT 3136 - BULLOCK RANCH
CONTINUATION LINE - SEE C6.1
0 20' 40'
SCALE: 1" = 20'
C6.0
SITE AND HORIZONTAL CONTROL PLAN - PHASE 1

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GENERAL LEGEND
GENERAL KEY NOTES:

PHASING NOTES:

R R
TRACT 3136 - BULLOCK RANCH
0 20' 40'
SCALE: 1" = 20'
CONTINUATION LINE - SEE C6.2
CONTINUATION LINE - SEE C6.0
C6.1
SITE AND HORIZONTAL CONTROL PLAN - PHASE 1
PHASE 1
PHASE 2
PHASE 1
PHASE 2

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GENERAL LEGEND

G G G G G G G G G G G G G G G G G G G
G
G
G
GENERAL KEY NOTES:

PHASING NOTES:

R R
TRACT 3136 - BULLOCK RANCH
CONTINUATION LINE - SEE C6.1
0 20' 40'
SCALE: 1" = 20'
C6.2
SITE AND HORIZONTAL CONTROL PLAN - PHASE 2

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1 SUBDIVISION AGREEMENT – TRACT 3136 PHASE 1
THIS SUBDIVISION AGREEMENT – TRACT 3136 PHASE 1 (“Agreement”) is dated ________________________________ by and between BULLOCK RANCH, LLC, a California limited liability company, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."

RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 3136 PHASE 1, City of San Luis Obispo, California, as approved by the City Council on the _____ day of ______________, 2024.

The Subdivider desires that said Tract 3136 PHASE 1 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the improvements set forth in this Agreement.

TERMS AND CONDITIONS:

In consideration of the foregoing, the Subdivider, or assignee, does hereby agree to construct and install the following subdivision improvements (collectively, the “Improvements”), in accordance with said subdivision regulations and the approved plans and specifications dated ____________ ______, 2024 which are on file in the office of the City Engineer, to wit:

1. CURB, GUTTERS AND SIDEWALKS

2. STREET BASE AND SURFACING

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2 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop.

4. LANDSCAPING

5. DRAINAGE STRUCTURES

6. STREET LIGHTS

7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the Subdivider has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request.

8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by Resolution Number 11299 approved by the City Council on January 11, 2022 (“Project Approvals”).

All of the Improvements shall be installed per the plans and specifications referenced above and any modifications thereto approved by the City Engineer (the “Approved Plans”).

The lines and grades for all of said Improvements shall be established by the Subdivider in accordance with the Approved Plans.

The Subdivider agrees that the work of installing the Improvements shall begin within Ninety (90) days from the date of recording of the Tract 3136 PHASE 1 final map, and that the work shall be completed within Twenty-Four (24) months of said recording date, unless an extension has been granted by the City; the grant of any such extension shall not be unreasonably withheld by the City. Subdivider further agrees to annually renew the securities guaranteeing the Improvements until such time as the Improvements

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3 are complete and accepted by the City. It is further provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the securities filed with the City pursuant to this Agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California.

The Subdivider does also agree to comply with the conditions of approval set forth in the Project Approvals. Subdivider has paid the necessary fees as indicated on the attached Exhibits 1 and 2.

The setting of new survey monuments or resetting of disturbed monuments shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California.

The Subdivider attaches hereto, as an integral part hereof, and as security for the faithful performance of this Agreement, instrument(s) of credit or bond approved by and in favor of the City of San Luis Obispo, and conditioned upon the faithful performance of this Agreement. As shown in Exhibit 2, said instrument(s) of credit or bond shall be in the amount of $1,649,500 for the public portion of the Improvements and $5,777,000 for the private portion of the Improvements.

Completion of the Improvements shall be deemed to have occurred on the date which: (a) the City Engineering Division accepts the public portion of the Improvements per the Approved Plans (“Final Acceptance”); and, (b) the City Building Division approves the private portion of the Improvements per the Approved Plans (“Final Inspection”). Neither periodic nor progress inspections or approvals shall bind the City to accept the Improvements or waive any defects in the same or any breach of this Agreement.

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4 Subdivider agrees to remedy any defects in the Improvements arising from faulty workmanship or materials or defective construction of: (a) the public portion of the Improvements occurring within twelve (12) months after Final Acceptance; and, (b) the private portion of the Improvements occurring within twelve (12) months after Final Inspection. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the Improvements arising within a period of one year following the completion and acceptance thereof.

If the Subdivider fails to complete the Improvements within the prescribed time, the Subdivider agrees that City may, at its option, declare any instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete the Improvements, or City may complete said Improvements and recover the full cost and expense thereof from the Subdivider or its surety.

The Subdivider has deposited with the City a labor and materials surety or sureties in the amount of 50% of the above-described subdivision improvements ($824,750 and $2,888,500) in accordance with State law.

Said Subdivider shall pay an inspection fee for City to inspect the installation of said Improvements, and to verify that they have been completed in accordance with the Approved Plans.

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5 If off-site dedication of property is necessary to facilitate the construction of the required Improvements, the Subdivider and City shall adhere to the requirements of the Project Approvals with regards to acquiring said off-site dedication.

Pursuant to Government Code Section 66474.9(b), the Subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”).

The City shall promptly notify the Subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim.

It is understood and agreed by and between the Subdivider and the City hereto that this Agreement shall bind the heirs, executors, administrators, successors and assigns of the respective parties to this Agreement.
[signatures on following page]

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6 IN WITNESS WHEREOF, this Agreement has been executed by:

SUBDIVIDER

BULLOCK RANCH, LLC,
a California Limited Liability Company
___________________________
By: Barry Ephraim, Manager
___________________________
By: John Young, Manager

CITY OF SAN LUIS OBISPO

Mayor Erica A. Stewart
ATTEST:

Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_
J. Christine Dietrick, City Attorney

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7 EXHIBIT 1
TRACT 3136 PHASE 1

SUBDIVISION AGREEMENT

1. The Subdivider shall deposit a monumentation security in the amount of $12,400 to guarantee the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released once the installation of monuments has been verified and that existing monuments have not been disturbed, and upon receipt by the City of a letter from the Surveyor indicating that they have completed the work and have been paid. Subdivider shall adhere to the requirements of California Business and Professions Code Section 8771 with regards to monument preservation. The monumentation security also guarantees the replacement of any monuments that were disturbed during construction, along with filing of Records of Survey or Corner Records required by said Section 8771.

2. Park in-lieu fees (parkland Quimby fee) for the multi-family Tract 3136 Phase 1 are to be paid prior to final map recordation per this Subdivision Agreement. The Park Improvement fees are deferred to time of building permit issuance per the conditions of approval of Tract 3136.

3. The Subdivider shall pay a roadway maintenance fee to satisfy the roads maintenance requirements of the City, specifically maintenance caused by a surplus of heavy vehicles during the temporary construction activities of the project. The fee of $15,000 was estimated and approved by the City Engineer in accordance with City Engineering Standards and guidelines.

4. The subdivider shall comply with all requirements of City Council Resolution No. 11299 and Council Resolutions related to approval of the tentative map, approving the Orcutt Area Specific Plan, and certifying the Final Environmental Impact Report. (3580/3584 BULLOCK LANE FILE #ARCH-0489-2019, SBDV0490-2019, EID-0345-2020)

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8 EXHIBIT 2
TRACT 3136 PHASE 1 - FEE AND BOND LIST,

BULLOCK LANE
Bonds and Guarantees:

Amount Form Date
Received
Bond Release Status
Faithful Performance:

1. OFF-SITE IMPROVEMENTS (PIPs)
(FMAP-0177-2022)
$1,649,500 Bond Based on Engineer’s estimate of
probable cost, minus minor items
subtracted. To be released upon
Final Acceptance.

2. ON-SITE IMPROVEMENTS
(FMAP-0177-2022)
$5,777,000 Bond Based on Engineer’s estimate of
probable cost, minus % of early
grading and minor other items,
round to the nearest $10,000. To be
released upon Final Inspection.

3. Monument Guarantee $12,400 Bond
or CD
To be released upon verification that
monuments have been set and
surveyor has been paid.

Labor & Materials (50% of cost of each of
the above improvements)

1. OFF-SITE IMPROVEMENTS (PIPs)
(FMAP-0177-2022)
$1,649,500 / 2
= $ 824,750
Bond Based on Engineer’s estimate of
probable cost, divided by two.

To be released upon Final
Acceptance and evidence that lien
rights have expired.

2. ON-SITE IMPROVEMENTS
(FMAP-0177-2022)
$5,777,000 / 2
= $ 2,888,500
Bond To be released upon Final
Inspection and evidence that lien
rights have expired.
10% Warranty To be collected prior to release of
Faithful Performance Bonds
To be released one-year after Final
Acceptance or Final Inspection as
applicable, if no defects, and
approval of record drawings.

Page 168 of 767 ends

9 Fees:

Amount Form Date
Received
Status

1. Map Check Fee (Paid) $18,562.00 Check 2022 Paid
(covers original map check)

Additional Map Check Fee (Paid) $11,200.00 Check December 2023
Paid
(covers Phase 1 recheck and
remainder parcel check)

2. Improvement Plan check Fees
For all on-site and off-site applicable
items from case FMAP-0177-2022
$102,114.55 Check May 2023 PAID IN FULL, MAY 2023
Based on approved construction
estimates
(covers Phase 1 and future Phase 2)
Phase 1 Plan check Fees
(additional fee for splitting
into two phases)
For all on-site and off-site applicable
items from case FMAP-0177-2022
$27,300.00 Check December
2023
PAID IN FULL, December 2023
Based on approved construction
estimates
(covers Phase 1 and future Phase 2)

3. Construction Inspection Fees
For all of Phase 1 on-site and offsite applicable items from case FMAP-0177-2022, and new plan
revision case FMAP-0642-2023
$194,844.54
Revised for only
Phase 1 on
1/16/24
Based on approved construction
estimates.
(covers Phase 1 Only)

4. Roadway Maintenance Fee $15,000 To be deposited in Acct # 40050300- 90346953 Streets Reconstruction
and Resurfacing Master per Matt
Horn
(covers Phase 1 and future Phase 2)

5. Parkland In-Lieu Fee:
- OASP Parkland
Reimbursement Payment
(Parkland dedicated by Righetti
Ranch. Bullock Ranch is benefiting
property and required to make
“Reimbursement Payment” under
the Parkland Reimbursement
Agreement between City and
Righetti Ranch, L.P.)
$422,400 $4,400 per unit per updated Table 9
of the OASP PFFP (R-10850, 2017
Series). Phase 1 unit count is 96.

Amount covers Phase 1 only.

Due at time of recording subdivision
map for Phase 1. Amount for Phase
2 will be due at recording of
Subdivision map for Phase 2.

Should total number of units change
for either phase, the amount will
need to be re-calculated.

City shall deposit funds collected to
GL String: 511.9503.47203

Page 169 of 767 ends

10 6. Parkland Development Fee (Orcutt
Area)
$TBD Pay current fees in effect based on
permit application date. Due at
building permit issuance.

City shall deposit funds collected to
GL String: 511.9504.47201

7. Public Infrastructure Reimbursement
Payment
(Righetti Ranch is installing public
infrastructure in greater size and
capacity than required. Bullock Ranch
is benefiting property and required to
make “Infrastructure Reimbursement
Payment” under the Infrastructure
Reimbursement Agreement between
City and Righetti Ranch, L.P.)
$116,763 + 2%
interest per
year from the
date the City
accepts the
Public
Improvements
which was
10/22/2019
($2335.26/ yr -
OR-
$194.61/mo -
OR- $6.40/ day)
Per the Righetti Ranch
Infrastructure Reimbursement
Agreement, Exhibit A Amount was
re-calculated September 2023 by
City Financial Analyst & City
Engineers. Amount covers Phase 1
and Phase 2. Should total number
of units change for either phase, the
amount will need to be recalculated.

Due at final map recording for
Phase 1.

8. Other Impact Fees:

Transportation Impact fees:
- OASP Base TIF (vested after
7/1/2018)
- OASP Add-on TIF (vested
after 7/1/2018)
$TBD
$TBD
Pay current fees in effect based on
permit application date. Due at
building permit issuance.

Utility Impact fees:
- Water
- Wastewater
$TBD
$TBD
Pay current fees in effect based on
permit application date. Due at
building permit issuance.

Emergency Services Impact Fees:
- Police
- Fire
$TBD
$TBD
Pay current fees in effect based on
permit application date. Due at
building permit issuance.

Affordable Housing Requirements See Affordable
Housing
Agreement
Planning Fees for ARCH-0489-2019 $10,619.22 Pay prior to map recordation.

Invoiced 11/21/23

Page 170 of 767 ends

Item 7a
Department: Community Development
Cost Center: 4008
For Agenda of: 6/18/2024
Placement: Public Hearing
Estimated Time: 30 minutes
FROM: Timmi Tway, Community Development Director
Aaron Floyd, Utilities Director
Prepared By: Hannah Hanh, Associate Planner
Mychal Boerman, Utilities Deputy Director - Water
SUBJECT: CONSIDERATION OF INITIATION OF AN ANNEXATION WITH

PREZONING APPLICATION TO PROVIDE CITY WATER AND
WASTEWATER SERVICES TO A THREE-ACRE PARCEL AT 4320
SOUTH HIGUERA STREET (ANNX-0662-2024, RZ-0665-2024)

RECOMMENDATION
Authorize staff to proceed with processing an Annexation with Prezoning Application for an approximate three-acre parcel located at 4320 South Higuera Street in order for the City to provide water and wastewater services.

REPORT-IN-BRIEF
On behalf of Ronald Schriner (Property Owner), the Sacramento State Office of Water Programs (Applicant) has applied for an Annexation with Prezoning application for an approximate three-acre parcel located 4320 South Higuera Street (Subject Property) (Attachment A – Project Application). The Subject Property is located within the unincorporated area of San Luis Obispo County (County) and annexation is required for the City of San Luis Obispo (City) to provide water and wastewater services per General Plan Land Use Element (LUE) Policy 1.13.1 (Water and Sewer Service), Water and Wastewater Element (WWE) Policy B 2.2.1 (Service Outside the City Limits), and Municipal Code Chapter 13.04 (Water Service).

The Subject Property currently has its own water system consisting of a single well with associated chlorination and distribution systems to serve a total of 30 customers residing in a 24-unit apartment and various, potentially unpermitted structures that include two (2) single-family residences and two (2) trailers. These structures are collectively referred to as the Higuera Apartments. On January 15, 2021, the County of San Luis Obispo Health Agency Public Health Department Environmental Health Services Division (SLOEHS) issued a Compliance Order due to multiple violations dating back to 2017 of nitrate contamination in the Higuera Apartments’ water system (Attachment B – SLOEHS Compliance Order). The Compliance Order requires completion of a Corrective Action Plan with quarterly reports.

Page 171 of 767 ends

San Luis Obispo City CouncilJune 18, 2024

San Luis Obispo City Council
June 18, 2024