San Luis Obispo City Council
September 17, 2024

City Council
AGENDA

Tuesday, September 17, 2024, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
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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 September 17, 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
Council Member Jan Marx will lead the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a RECOVERY MONTH PROCLAMATION
Mayor Erica A. Stewart will present a proclamation declaring the month of September as "Recovery Month".

4.b DRIVE ELECTRIC WEEK PROCLAMATION
Mayor Erica A. Stewart will present a proclamation declaring September 27 - October 6, 2024 as "Drive Electric Week".

4.c INTRODUCTION OF FIRE MARSHAL KIM RAPP
Fire Chief Todd Tuggle will introduce the new Fire Marshal, Kim Rapp.

4.d CITY MANAGER REPORT
Receive a brief report from 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 6e.

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 - AUGUST 27, 2024 AND SEPTEMBER 3, 2024

COUNCIL MINUTES
9 Recommendation:

Approve the following minutes of the City Council:
• August 27, 2024 - Special Meeting
• September 3, 2024 - Regular Meeting

6.c AUTHORIZATION TO ADVERTISE CALIFORNIA BOULEVARD AND TAFT STREET WATER MAIN REPLACEMENT, SPECIFICATION NO.
2000545
19 Recommendation:

Approve the project plans and specifications for California Boulevard and Taft Street Water Main Replacement,
Specification Number 2000545; and

1. 2. Authorize staff to advertise for bids; and
Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code if the lowest responsible bid is within the Engineer’s Estimate of $1,200,000; and

3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget and any amended budget subsequently approved by the City Manager up to
$200,000.

4. 6.d AMEND THE COUNCIL POLICIES AND PROCEDURES MANUAL TO

INCLUDE A SECTION REGARDING INTERNS/VOLUNTEERS
127
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending its Council Policies and Procedures Manual,” regarding the use of Council Member Interns/Volunteers.

6.e SECOND READING OF ORDINANCE NO. 1738 (2024 SERIES)
AMENDING MUNICIPAL CODE TITLE 6 - ANIMALS
191
Recommendation:

Adopt Ordinance No. 1738 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 6 (Animals) of the Municipal Code to adopt and incorporate by reference San Luis Obispo County Code Title 9 (Animals) and to retain certain city requirements regarding animals.”

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a FIRE DEPARTMENT STRATEGIC PLAN 2024-2029 (Estimated Time:
45 minutes)
203
Recommendation:

Receive and file the Fire Department’s 2024-2029 Strategic Plan.

7.b ADOPT A RESOLUTION AND INTRODUCE AN ORDINANCE TO
AMEND SECTION 4.56.050 (PAYMENT OF FEES) OF THE

MUNICIPAL CODE TO ESTABLISH A DEVELOPMENT IMPACT FEE

DEFERRAL PROGRAM FOR ELIGIBLE AFFORDABLE HOUSING
PROJECTS (Estimated Time: 45 minutes)
241
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, superseding Resolution No. 9903 (2007 Series) providing for the deferral of city-wide development impact fees for eligible affordable housing projects”; and

1. Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, establishing a development impact fee deferral program for eligible
affordable housing projects”; and

2. Authorize the Community Development Director to approve applications for impact fee deferrals and execute agreements therefor, in forms approved by the City Attorney’s Office. The Director may refer approvals to City Council on an as-needed basis or concurrently with Affordable Housing Fund (AHF) awards.

3. 8. LIAISON REPORTS
Not to exceed 15 minutes. Council Members report on subcommittee assignments to various regional boards and committees, listed below. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their respective assignments. 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)
Per Council direction at the August 27th Special Meeting, for the September 17, October 1, and October 15 City Council Meetings, Liaison Reports will be heard after the City Manager Report.

Mayor Stewart
• City/University Quarterly Meeting
• Regional Economic Action Coalition (REACH)
• City Selection Committee
• Performing Arts Center Commission
• Visit SLO County Advisory Committee
• Whale Rock Commission
Vice Mayor Pease
• Downtown Association Board
• County Water Resources Advisory Committee (WRAC)
• San Luis Obispo Council of Government (SLOCOG)
• San Luis Obispo Regional Transit Authority (SLORTA)
Council Member Francis
• Cal Poly Campus Planning Committee
• Community Action Partnership
• Local Agency Formation Commission (LAFCO)
• Nacimiento Water Project
Council Member Marx
• Air Pollution Control District (APCD)
• Integrated Waste Management Authority (IWMA)
• Airport Land Use
• Central Coast Clean Energy (3CE)
Council Member Shoresman
• California Men's Colony Citizens Advisory Committee
• Homeless Services Oversight Committee (HSOC)
• Zone 9 Advisory Committee
• SLO Climate Coalition Liaison

9. COUNCIL COMMUNICATIONS
Not to exceed 15 minutes. The purpose of this time is to allow Council to provide updates, make announcements, or share information on City activities.

10. ADJOURNMENT
The next Regular Meeting of the City Council will be held on October 1, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

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

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

City Council meetings are televised live on Charter Channel 20 and the City's YouTube Channel: www.youtube.com/CityofSanLuisObispo. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.
1 Council Minutes
August 27, 2024, 12:00 p.m.

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

Present:

Council Member Emily Francis, Council Member Jan Marx,
Council Member Michelle Shoresman, Vice Mayor Andy Pease, Mayor Erica A. Stewart
City Staff Present: City Manager Whitney McDonald, City Attorney Christine Dietrick, Policy and Project Manager Natalie Harnett, City Clerk Teresa Purrington
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on August 27, 2024 at 12:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

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

None
--End of Public Comment--

3. CITY COUNCIL DISCUSSION ITEMS

3.a DISCUSSION ON THE COUNCIL LIAISON REPORTS AND
COMMUNICATIONS (Estimated Time: 45 minutes)
Policy and Project Manager Natalie Harnett introduced the item and Council discussed their ideas for the Liaison Reports and Communications section of the Council Agendas.

ACTION: By consensus, the Council decided to split the Liaison Reports and Communications section of the Council Agenda into two sections. List the Regional Boards that each Council Member is the Liaison to under the Liaison Reports section and to try a pilot program to have the Liaison Reports occur after the City Manager Report for the next three meetings, starting September 17, 2024.

2 3.b DISCUSSION ON TOPICS TO INCLUDE ON FUTURE DISCUSSION ITEM AGENDAS (Estimated time: 45 minutes)
Council discussed whether to continue these working meetings and, if they are to continue, some topics they would like to discuss.

ACTION: By consensus, the Council decided to continue these Special Meetings three times a year. The following topics will be scheduled:
 Council Onboarding
 Council Retreat topics
 Selecting Liaison Assignments

4. ADJOURNMENT
The meeting was adjourned at 1:30 p.m. The next Regular Meeting of the City Council will be held on September 3, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
_________________________
APPROVED BY COUNCIL: XX/XX/2024

1 Council Minutes
September 3, 2024, 5:30 p.m.

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

Present:

Council Member Emily Francis, Council Member Jan Marx,
Council Member Michelle Shoresman, Vice Mayor Andy Pease, Mayor Erica A. Stewart
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 September 3, 2024 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

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

3. PRESENTATIONS

3.a HISPANIC, LATINX, LATINO HERITAGE MONTH PROCLAMATION Mayor Stewart presented a proclamation declaring September as "Hispanic, Latinx, Latino Heritage Month" to Rick Mayfield on behalf of Latino Outreach Council.

3.b ANNUAL PRESENTATION FROM CENTRAL COAST COMMUNITY
ENERGY (3CE)
The City Council received the annual Central Coast Community Energy (3CE) presentation from Catherine Stedman, Chief Communication Officer for 3CE.

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

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

Anne Hodges
Julia Albers
--End of Public Comment--

5. CONSENT AGENDA
Public Comments:

Steve Delmartini - Item 5g
---End of Public Comment---
Motion By Council Member Francis
Second By Council Member Shoresman
To approve Consent Calendar Items 5a to 5i.

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 - AUGUST 13, 2024, AUGUST 20, 2024, AND AUGUST 21, 2024 COUNCIL MINUTES
Approve the following minutes of the City Council:
 08-13-2024 - Special Closed Session
 08-20-2024 - Regular Meeting
 08-21-2024 - Special Meeting and Closed Session

5.c CITY’S ETHICS TRAINING LIST UPDATE AND BIENNIAL REVIEW AND AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE
To adopt:

1. Resolution No. 11515 (2024 Series) entitled "A Resolution of the City of San Luis Obispo, Designating Local Agency Officials for the Purposes of California Government Code Section 53234, Listing the Officials and Advisory Bodies that Must Comply with Ethics Training Required Under Assembly Bill 1234” and

3 2. Resolution No. 11516 (2024 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending the City’s Conflict of Interest Code.”

5.d AUTHORIZATION TO ADVERTISE SIERRA WAY SEWER
REPLACEMENT PROJECT, SPECIFICATION NO. 2000539

1. Approve the project plans and specifications for Sierra Way Sewer Replacement, Specification Number 2000539; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code, if the lowest responsible bid is within the publicly disclosed funding amount of $3,500,000; and

4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget and any amended budget
subsequently approved by the City Manager up to $200,000.

5.e ADOPT A RESOLUTION TO AMEND AUTHORIZED PRIVATE SEWER

LATERAL REPLACEMENT REBATE PROGRAM
Adopt Resolution No. 11517 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing amendment of the Private Sewer Lateral Replacement Rebate Program.”

5.f AWARD CONSTRUCTION CONTRACT FOR HVAC AIR HANDLER

REPLACEMENT AT PARKING SERVICES, SPECIFICATION NUMBER
2000075-07

1. Award a Construction Contract to Smith Mechanical-ElectricalPlumbing in the amount of $180,239.00 for the HVAC Air Handler Replacement at Parking Services project, Specification Number 2000075-07; and

2. Authorize the City Manager to award the construction contract plus contingencies for a total amount of $213,275.00; and

3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget and any amended budget
subsequently approved by the City Manager up to $200,000.

4 5.g AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR A CONSULTANT TO SERVE AS THE CITY’S BELOW MARKET

RATE HOUSING ADMINISTRATOR

1. Authorize the issuance of a Request for Proposals (RFP) for a Below Market Rate (BMR) Housing Administrator; and

2. Authorize the City Manager to enter into a consultant services agreement in an amount not to exceed $150,000 annually for the project.

5.h ADOPT A RESOLUTION APPROVING SLO TRANSIT TO PROVIDE

FARE-FREE TRANSIT DURING RIDESHARE WEEK
Adopt Resolution No. 11518 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving San Luis Obispo (SLO) Transit to provide Fare-Free Transit during Rideshare Week.”

5.i SECOND READING AND ADOPTION OF ORDINANCE NO. 1739 (2024 SERIES) APPROVING AN AMENDMENT TO TABLE 2-1 (USES
ALLOWED BY ZONE) IN TITLE 17 (ZONING REGULATIONS) OF THE

MUNICIPAL CODE
Adopt Ordinance No. 1739 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving an amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code with an exemption from environmental review (CEQA) (CODE-0224-2024).”

6. PUBLIC HEARING AND BUSINESS ITEMS

6.a INTRODUCE AN ORDINANCE TO AMEND TITLE 17 (ZONING

REGULATIONS) TO ALLOW CANNABIS RETAIL STOREFRONTS TO

CONDUCT RETAIL SALES BY DELIVERY WITH APPROVAL OF A

CONDITIONAL USE PERMIT
Community Development Director Timmi Tway and Cannabis Business Coordinator Ivana Gomez provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---

5 Motion By Council Member Francis
Second By Council Member Shoresman
Introduce Ordinance 1740 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving an amendment to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) of the Municipal Code with an exemption from environmental review (CEQA) (CODE-0401-2024).”
Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
CARRIED (5 to 0)

6.b INTRODUCE AN ORDINANCE TO AMEND MUNICIPAL CODE SECTION

15.04.020, SUBSECTION N, MODIFYING THE QUALIFICATIONS FOR

APPOINTMENT TO THE CONSTRUCTION BOARD OF APPEALS
(Estimated Time: 30 minutes)
Community Development Director Timmi Tway and Deputy Director/Chief Building Official Michael Loew provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---
Motion By Council Member Marx
Second By Mayor Stewart

1. Introduce Ordinance No. 1741 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Section 15.04.020, Subsection N, of the San Luis Obispo Municipal Code,” which will remove the local requirement to maintain an Accessibility Board of Appeals pursuant to Health and Safety Code 19957.5; and

2. Adopt Resolution No. 11519 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the Advisory Body Handbook for revision to the Construction Board of Appeals Bylaws,” which will remove the residency requirement and change the qualifications for disabled access representatives.

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

7. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart provided a recap of the Special Meeting held on August 27th regarding the Liaison Reports and Communications section of the agenda. The outcome of the special meeting was that staff would include a list of the Regional Boards that each of the City Council Members is a Liaison on. For the next month and a half, Council would report on items of significance that were discussed at these meetings after the City Manager Report.

Council Member Marx indicated that on the 18th of September, the Air Pollution Control District is going to vote on providing lawn equipment trade in program.

This would be a trade of gas-powered lawn equipment for a similar electricpowered lawn equipment. Council Member Marx also asked the Council if there was interest in having staff bring back an item regarding a smoking ban in multifamily residences.

Council Member Shoresman attended the Nacimiento Commission meeting on behalf of Council Member Francis, the Executive Committee meeting for the Homeless Services Oversight Council (HSOC), and the subcommittee meeting of HSOC who is looking at the grant making process to see if there are ways to use data to provide the limited funds that are available. She also indicated the Climate Coalition is holding an event on Friday, September 13th at 5:00 PM at Meadow Park.

Vice Mayor Pease attended the Central Coast Layover and Maintenance Facility Site Tour sponsored by San Luis Obispo Council of Governments; this was an event to allow the Coast Rail Coordinating Council to tour in person the site that will be the Los Angeles, San Diego, and San Luis Obispo layover facility in San Luis Obispo.

Mayor Stewart briefed the Council on a bike ride she went on with Rick Ellison and Gary Havas from Bike SLO County and discussed her observations during the ride. She attended the annual meeting with the Grand Jury and the other cities in the County to present what is happening in our City. She had a meeting with Vishesh Anand and Maurice Lyles of the Governor’s Southern California Regional office and learned about grants available for nonprofit security grants and Prop 1 funds for behavioral health.

7 8. ADJOURNMENT
The meeting was adjourned at 7:24 p.m. The next Regular Meeting of the City Council will be held on September 17, 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

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: September 17, 2024
TO: Mayor and Council
FROM: Matt Horn, Public Works Director
Prepared By: Brian Nelson, Deputy Director of Public Works Luke Schwartz, Transportation Manager
Hai Nguyen, Senior Civil Engineer
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 6C. AUTHORIZATION TO ADVERTISE CALIFORNIA BOULEVARD

AND TAFT STREET WATER MAIN REPLACEMENT, SPECIFICATION
NO. 2000545
Staff received the following questions, regarding the California Boulevard and Taft Street Water Main Replacement project (Water Main Replacement Project). The questions are below with staff’s response shown in italics:
1) As identified in the staff report, the City is moving forward with this project now because of the delay in constructing the Taft/California roundabout and that this was initially slated to happen as part of that project. Do we have any better estimate of when that project will be able to commence? Construction of the California/Taft Roundabout project has been delayed due to challenges with right-of-way acquisition. Assuming the City acquires the right-ofway, construction funding for the California/Taft Roundabout is planned to be included with the 2025-27 Financial Plan for Council’s consideration. The earliest that construction could begin is summer of 2026. Staff plans to provide an update to the Council in early 2025 on status of right-of-way negotiations and potential next steps if unsuccessful in acquiring the necessary right-of-way. 2) There have been intermittent desires expressed by community members for a safer way to get across California Boulevard while we wait for the roundabout. There is really no way for pedestrians to get safely across California Boulevard unless going all the way down to Foothill. Would there be any possibility of adding an “additive alternative” to this RFP for putting in a “quick build” crossing of California as part of this project between Taft and Foothill?
Staff does not recommend pursuing an additive alternative to the Water Main Replacement Project to add a pedestrian crossing, as this would delay the Water Main Replacement Project, which is otherwise funded and shovel-ready, by an

Item 6c. California Blvd. to Taft St. Water Main Replacement Page 2 indeterminate amount of time. Currently, there is no design prepared for a pedestrian crossing improvement, nor funding available to advance design or construction of this improvement. If the Council desires that staff prioritize work on a new pedestrian crossing on California, staff would need to fund an outside traffic engineering consultant to conduct the planning and design for this project.

While this design work is underway, staff would also need to identify construction funding to advance this pedestrian crossing. On a high-speed arterial roadway, like California Boulevard, additional features beyond a striped crosswalk would likely be warranted, such as presence of streetlighting, flashing beacon systems, ADA-compliant curb ramps, and potentially measures such as corner extensions (i.e. bulbouts) and/or median refuges to reduce crossing exposure and increase driver yield compliance. Quick-build tactics and materials may be appropriate for some features of a pedestrian crossing (i.e. pavement markings, signs, solar beacon systems), but may not be viable depending on the crossing design details—for example, if ADA curb ramp upgrades, new streetlighting, or a fully controlled crossing device, such as a Pedestrian Hybrid Beacon, are warranted, these features could require more than a year to for design, PG&E coordination, equipment procurement and construction. Because the engineering studies required to determine the appropriate location and design details of a new pedestrian crossing have not yet been prepared, it is difficult to confirm the design complexity and cost of these improvements at this time, nor if these improvements would need to be removed/reconstructed as part of the ultimate roundabout project.

If Council desires that staff prioritize work on advancing a new pedestrian crossing on California Boulevard, staff recommends that Council direct that staff return at another date in the near future with more specific details on design approach, potential costs, funding strategies, and timeline for implementation. As noted above, staff will return to Council in early 2025 with an update on right-of-way acquisition for the roundabout project—that would be an ideal opportunity to provide additional direction on whether to pursue an interim pedestrian crossing improvement ahead of the roundabout construction.

Item 6c
Department: Public Works
Cost Center: 6004
For Agenda of: 9/17/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Hai Nguyen, Senior Civil Engineer
SUBJECT: AUTHORIZATION TO ADVERTISE CALIFORNIA BOULEVARD AND TAFT STREET WATER MAIN REPLACEMENT, SPECIFICATION NO.
2000545

RECOMMENDATION

1. Approve the project plans and specifications for California Boulevard and Taft Street Water Main Replacement, Specification Number 2000545; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award the Construction Contract pursuant to Section

3.24.190 of the Municipal Code if the lowest responsible bid is within the Engineer’s Estimate of $1,200,000; and

4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget and any amended budget subsequently approved by the City Manager up to $200,000.

POLICY CONTEXT
On January 19, 2016, the City Council approved the Potable Water Distribution System Operations Plan, which identified this project as a high priority for the City.

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

DISCUSSION
Background
The City’s water distribution system is comprised of 184 miles of pipe with diameters ranging in size from four inches to 30 inches. Some of these pipes have been identified as undersized or have surpassed their intended design life, which is typically around 50 years. As waterlines age, the frequency of breaks increases, leading to costly and disruptive repairs. These breaks can damage roadways, often requiring full-depth reconstruction and substantial costs to properly restore the pavement.

Item 6c
To address these issues, the City has established an ongoing program focused on replace aging, substandard, and deteriorating infrastructure. The main objectives of this program are to ensure reliable water services, reduce the need for emergency repairs, and to enhance available fire flows. Through this program, the City can significantly lower repair costs and minimize the impact to customers.

The Project
The project plans (Attachment A) and specifications (Attachment B) propose to replace 810 linear feet of waterline along California Boulevard, from Stafford to Taft Street.

Waterline replacement work at the California Boulevard and Taft Street intersection was originally designed to be included with the construction of the California/Taft Roundabout project. However, construction for the roundabout has been delayed due to right of way acquisition; therefore, replacement of the waterline is now proposed to be completed first as part of this project.

The critical 16-inch water transmission main, originally installed in the 1960’s, will be replaced with 24-inch ductile iron pipe. This upgrade will eliminate capacity constraints and improve water flow. Replacing these waterlines will result in lower costs to the City and reduced customer impacts associated with emergency repairs. By minimizing or eliminating emergency repairs, maintenance staff will have more time to focus on preventive maintenance, which in turn extends service life of other water distribution assets.

Previous Council or Advisory Body Action
This Project was identified in the 2021-23 Financial Plan that was approved by Council.

Public Engagement
Public engagement was conducted during the initial identification of this Project to be included in the 2021-23 Financial Plan. In addition, notifications will be sent out to affected businesses and residents prior to the start of construction and during construction when waterline connections are made.

CONCURRENCE
This project has the concurrence of the Utilities Department.

ENVIRONMENTAL REVIEW
The project is categorically exempt from environmental review under Section 15302 Class 2(c) of the California Environmental Quality Act (CEQA) Guidelines (Replacement of Reconstruction) because the replacement of the water transmission mains would result in no expansion of use. Section 15302 Class 2(c) specifies that “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of use” is categorically exempt from environmental review. A Notice of Exemption will be filed through the Community Development Department.

Item 6c

FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-23
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund
State
Federal
Fees
Water Fund: $1,630,450 $1,550,000 $80,450 N/A
Total $1,630,450 $1,550,000 $80,450 N/A
California Boulevard and Taft Street Water Main
Replacement (2000545)
Construction Estimate $1,200,000
Contingencies $340,000
Material Testing $9,500
Printing $500
Total Cost of Project $1,550,000
Total Available Funding $1,630,450
Remaining Balance $80,450
Waterline improvements identified in this project are described in the 2021-23 Financial Plan. Funding for this project is available in the Project Account (2000545) which has a current balance of $1,630,450 and will provide sufficient funding to support the project costs.

All utility improvement projects are classified as high-risk due to many unknown subsurface conditions. Experience from previous waterline replacement projects indicate that higher contingencies are required to cover the additional cost of modifying unknown utility conflicts and unknowns encountered during roadway excavation.

ALTERNATIVES
Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to advertise this project. Staff does not recommend this option, as the water mains included in this project continue to deteriorate and pose a high risk of catastrophic failure, requiring expensive repairs.

Item 6c

ATTACHMENTS
A - Project Plans (Spec. 2000545)
B - Project Specifications (Spec. 2000545)

2000545


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2000545

2000545

2000545

SPECIAL PROVISIONS
FOR

CITY OF SAN LUIS OBISPO
California Boulevard and Taft Street Water Main Replacement Specification No. 2000545
August 2024

PUBLIC WORKS DEPARTMENT

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

California Boulevard and Taft Street Water Main Replacement Specification No. 2000545
Approval Date: September 17, 2024
Hai Nguyen
September xx, 2024
Brian Nelson
September xx, 2024

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

BID ITEM LIST FOR CALIFORNIA BOULEVARD AND TAFT STREET WATER MAIN REPLACEMENT, SPECIFICATION NO. 2000545 ................................................................................................................ A LIST OF SUBCONTRACTORS ................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NON-COLLUSION DECLARATION .......................................................................................................... F BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G QUALIFICATIONS .................................................................................................................................... H ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................... I SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ....................................................................................................... 1 1 GENERAL ........................................................................................................................................... 1 3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1 4 SCOPE OF WORK ............................................................................................................................. 2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2 8 PROSECUTION AND PROGRESS ................................................................................................... 3 DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 6 39 ASPHALT CONCRETE .................................................................................................................... 6 DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 6 77 LOCAL INFRASTRUCTURE ............................................................................................................ 6 DIVISION IX TRAFFIC CONTROL DEVICES......................................................................................... 12 84 MARKINGS ..................................................................................................................................... 12 DIVISION XIII APPENDICES .................................................................................................................. 12 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 APPENDIX B – CALTRANS ENCROACHMENT PERMIT .............................................. 3

NOTICE TO BIDDERS
i

NOTICE TO BIDDERS

BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, San Luis Obispo California, 93401 until 11:00 a.m. on October 24, 2024
at which time they will be publicly opened and read aloud. Public bid opening may be accessed via Microsoft Teams video conference and conference call. In person attendance will be permitted. Attendees are encouraged to wear face masks and practice social distancing. Use the following link:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_MzdjYjU1N2ItMTIyMy00YTBiLWExODktYTcyNmM0NGM5NGE3% 40thread.v2/0?context=%7b%22Tid%22%3a%22a78b182d-94e4-4507-a9a9- 330dcb148164%22%2c%22Oid%22%3a%22a8add278-38fa-47c3-8727- acd5a57b58ec%22%7d
or join by phone with this number: 1 (209) 645-4165 with Conference ID: 387 397 674# Submit bid in a sealed envelope plainly marked:

California Boulevard and Taft Street Water Main Replacement, Specification No. 2000545
Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered.

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

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

Each bid must be accompanied by either a:

1. certified check

2. cashier's check

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

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

NOTICE TO BIDDERS

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

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

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

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

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

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

All questions must be submitted through Bidsync and if the City determines that a response is required, the City will post an addendum on Bidsync. Contact the project manager, Hai Nguyen at 805-781-7108 or the Public Works Department at (805) 781- 7200 prior to bid opening to verify the number of addenda issued.

You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
iii

PROJECT INFORMATION
In general, the project consists of the replacement of existing waterlines by open trenching.

The project estimated construction cost is $1,200,000.

Contract time is established as 60 working days.

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

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

QUALIFICATIONS
You must possess a valid Class A or C34 Contractor's License at the time of the bid opening.

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

Provide two referenced projects completed as the prime contractor and one referenced project completed as either the prime or subcontractor. All referenced projects must have been completed within the last SEVEN years from this project’s bid opening date.

All referenced projects must have installed a minimum of 1,500 linear feet of waterline by open trenching including water service connections within Public Roadways under contract with a City, County, State or Federal government agency.

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

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

NOTICE TO BIDDERS

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

1. knowledge

2. experience,

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

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

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

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

1. bid opening date

2. notification of rejected bid.

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

Valid protests must contain the following information:

1. the reasons for the protest

2. any supporting documentation

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

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

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

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

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

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

AWARD
The lowest bidder will be determined using the BID TOTAL

NOTICE TO BIDDERS

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

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

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

BID FORMS
A

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

THE UNDERSIGNED, agrees that they have carefully examined:

1. the location of the proposed work

2. the plans and specifications

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

4. materials

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

6. plans

7. specifications

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

BID ITEM LIST FOR CALIFORNIA BOULEVARD AND TAFT STREET WATER MAIN REPLACEMENT, SPECIFICATION NO. 2000545
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 1 7,12 Traffic Control System LS 1 ---------------
2  7,12  Portable Changeable Message
Sign
EA  2
3  84
Replace Traffic Striping,
Pavement markers and Painted
Curbs
LS  1  ---------------
4  77  Potholing and Utility Locating LS  1  --------------- 5  77  Temporary Water Main Bypass LS  1  --------------- 6  77  Comply with OSHA  LS  1  ---------------
7  7  Comply with Night Work Permit  LS  1  --------------- 8  3  Comply with Caltrans
Encroachment Permit  LS  1  ---------------
9  77  Abandon Waterline, Water
Valves and Facilities  LS  1  ---------------
10*  19  Rock Excavation  CY  100
11  77  8" PVC Pipe LF  150
12  77  24" DI Pipe LF  660
13  77
Waterline Connection and
appurtenances (Detail 1, Sheet
6)
LS  1  ---------------

BID FORMS

BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 14  77
Waterline Connection and
appurtenances (Detail 2, Sheet
6)
LS  1  ---------------
15  77
Waterline Connection and
appurtenances (Detail 3, Sheet
6)
LS  1  ---------------
16  77
Waterline Connection and
appurtenances (Detail 4, Sheet
6)
LS  1  ---------------
17  73  Replace Curb and Gutter Per
Eng. Std. 4030  LF  35
18  73  Replace Sidewalk Per Eng. Std.
4110  LF  90
19  73  Fire Hydrant and Lateral EA  1
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work.
* Bid item exempt from Section 9-1.06B and 9-1.06C of the Standard Specifications. The unit price will not be adjusted regardless of the final bid item quantity.
.

BID FORMS

BID FORMS
C

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

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

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

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

Attach additional sheets as needed.

BID FORMS

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

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

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

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

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

BID FORMS

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

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

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

BID FORMS

BID FORMS
F

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

Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____

Notary Public
Company Name:____________________

BID FORMS

BID FORMS
G

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

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

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

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

Business Name (DBA):

Owner/Legal Name:

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

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

BID FORMS

BID FORMS
H

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

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

Did this project install a minimum of
1,500 LF of waterline by open
trenching within public roadways?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Did this project install a minimum of
1,500 LF of waterline by open
trenching within public roadways?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

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

Did this project install a minimum of
1,500 LF of waterline by open
trenching within public roadways?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

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

BID FORMS

BID FORMS
I

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

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

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

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

Bidder Principal:

Signature Date
Title:

Surety:

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

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

SPECIAL PROVISIONS
1 SPECIAL PROVISIONS

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

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

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

1. California Boulevard and Taft Street Water Main Replacement Special Provisions

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

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

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

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

1. Sections 5 through 8 of the Standard Specifications

2. Section 12 through 15 of the Standard Specifications

3. Section 77-1 of the Standard Specifications

4. Section 81 of the Standard Specifications

5. authorized working hours

6. OSHA compliance
3 CONTRACT AWARD AND EXECUTION
Add Section 3-1.18B CONTRACT EXECUTION, Caltrans Encroachment Permit:

Compliance with Caltrans Encroachment permit and traffic control shall conform to the provisions of Section 12 “Temporary Traffic Control”, of the Standard Specifications and these Special Provisions.

Measurement and Payment
The lump sum contract price paid to comply with Caltrans Encroachment Permit shall include full compensation for furnishing all labor, materials, tools, equipment, personnel, and for doing all the work involved to comply with all Caltrans encroachment permit requirements.

SPECIAL PROVISIONS

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

Comply with the provisions of Sections 3, 7, 12, 19, 73, 77 and 84 for general, material, construction, and payment specifics.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan All work except required nighttime waterline tie-ins must be completed during normal working hours of Monday through Friday 7:00 a.m. to 4:00 p.m.

Waterline tie-ins required to be completed as night work must be constructed between 7:00 p.m. and 7:00 a.m. Contractor to work with engineer to confirm the shut down times prior to initial shutdowns.

Additionally, two changeable message signs (CMS) must be installed and operational 4 week prior to the start of construction and be maintained throughout the duration of the project. CMS devices shall be programmed for two flashes with messages to be approved by the Engineer.

Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.

Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic.

NIGHT WORK
Night work is permitted separately. Night work shall comply with the restrictions set forth in the permit by the City of San Luis Obispo Community Development. It is the contractor’s responsibility to keep track of the Night Work Permit expiration date. Requests to extend the Night Work Permit must be submitted to the Engineer at least 4 weeks prior to the permit expiration date.

Night work is defined as work between the hours of 7:00 P.M. and 7:00 A.M (Sunday through Thursday).

Prior to commencing the project, the contractor must notify businesses and residences within 300 feet of the worksite about proposed night work.

SPECIAL PROVISIONS

SPECIAL PROVISIONS
3 Any portable or fixed equipment that produces noise (such as generators, concrete saws, jack hammers, etc.) must be equipped with sound blankets, temporary sound barriers, or other attenuating devices so as to limit impacts to adjoining properties.

When not in use, equipment must be kept in its lowest (quietest) idling state or switched off to limit noise impacts.

Any portable lighting must be shielded and/or directed away from adjacent properties.

Loudspeakers or other similar forms of communication is prohibited.

Contractor will provide lighting for all operations, no exceptions are to be made. Any contractor personnel working outside the lights will be directed to return to a lighted area or the operation must be stopped.

All contractor work vehicles, including heavy equipment, backhoes, trenching machines must have two working headlights and taillights. Vehicles without appropriate lighting will be kept from working until they are brought to compliance.

Illumination level of 10-foot candles is required for all nighttime operations, which will normally be achieved with light plants or balloon lights. All lighting fixtures must be mounted and directed in manner precluding glare to approaching traffic. 8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:

Provide a Level 1 schedule for this work.

Replace Section 12-4.04 PEDESTRIAN FACILITIES with:
12-4.04 TEMPORARY PEDESTRIAN ACCESS ROUTES
12-4.04A General
12-4.04A(1) Summary
Section 12-4.04 includes specifications for providing, maintaining, and removing temporary pedestrian access routes.

A temporary pedestrian access route includes temporary traffic control devices as shown except for Type K temporary railing and temporary crash cushions. 12-4.04A(2) Definitions
Reserved
12-4.04A(3) Submittals
If work activities require the closure of a pedestrian route and a temporary pedestrian access route is not shown, submit a work plan for a temporary pedestrian access route.

The work plan must:

SPECIAL PROVISIONS

SPECIAL PROVISIONS
4 1. Describe the activities, processes, equipment, and materials that will be used to provide the temporary access route

2. Show the locations of the routes and the placement of traffic control devices for each stage of work

3. Include a time-scaled logic diagram displaying the sequence and duration of the planned activities for each stage of work

4. Be sealed and signed by an engineer who is registered as a civil engineer in the State
Submit “Temporary Pedestrian Access Route Contractor Compliance Report,” within 2 business days after construction of a temporary pedestrian access route, Submit “Temporary Pedestrian Access Route Contractor Weekly Report,” within 2 business days of completing a weekly inspection.
12-4.04A(4) Quality Assurance
12-4.04A(4)(a) General
Reserved
12-4.04A(4)(b) Quality Control
Perform a review of the temporary pedestrian access route after it is constructed and document compliance on the “Temporary Pedestrian Access Route Contractor Compliance Report.”
The Department will conduct a verification inspection after receiving the compliance report.

For a temporary pedestrian access route in use perform a weekly review and document compliance on the “Temporary Pedestrian Access Route Contractor Weekly Report.” 12-4.04B Materials
The walkway surface must be slip resistant and surfaced with minor HMA or commercialquality, bituminous material, commercial-quality concrete, or wood.

A handrail with a circular cross section must have an outer diameter from 1-1/4 to 2 inches. A handrail with a noncircular cross section must have a perimeter from 4 to 6-1/4 inches and a maximum cross-section dimension of 2-1/4 inches.

Fasteners must be rounded to prevent injury to a pedestrian's fingers, hands, and arms and to eliminate sharp edges that could catch on clothing.

A detectable warning surface must be on the Authorized Material List for detectable warning surfaces and match yellow color no. 33538 of FED-STD-595.

Temporary traffic control devices used to channelize pedestrians must:

SPECIAL PROVISIONS

SPECIAL PROVISIONS
5 1. Be free of sharp or rough edges

2. Have a continuous detectable edging at least 6 inches high and at no more than 2 inches above the walkway surface

3. Be at least 32 inches in height

4. Have smooth connection points between devices to allow for a handrail

5. Have a top and bottom surface in the same vertical plane 12-4.04C Construction
Notify the Engineer five (5) business days before closing an existing pedestrian route. Do not close the route until authorized.

If work activities require the closure of a pedestrian route and a temporary pedestrian access route is not shown, provide a temporary pedestrian access route near the traveled way. You may route pedestrians using the existing sidewalk or by constructing a temporary access route.

If a bid item for a temporary pedestrian access route is not shown on the Bid Item List, then constructing a temporary pedestrian access route is change order work except, when the closure is a result of your means and methods.

Construct a temporary pedestrian access route such that:

1. Walkway surface is firm and stable and free of irregularities

2. Cross slope of the pedestrian route is at most 50:1 (horizontal:vertical)

3. Longitudinal slope of the pedestrian route is at most 20:1 (horizontal:vertical)

4. Walkway, landings, blended transitions, and curb ramps are at least 60 inches wide except where not feasible, the width must be at least 48 inches wide with a 60-by60-inch passing space at least every 200 feet

5. Lateral joints or gaps between surfaces are less than 1/2 inch wide

6. Discontinuities in surface heights are less than 1/2 inch and beveled if greater than 1/4 inch with a slope no greater than 2:1 (horizontal:vertical)

7. Ramps have:

7.1. Longitudinal slope of at most 12:1 (horizontal:vertical)

7.2. Rise less than 30 inches

7.3. Protective edging at least 2 inches high on each side and handrails at a height from 34 to 38 inches above the walkway surface if the rise is greater than 6 inches

8. Curb ramps have:

8.1. Longitudinal slope of at most 12:1 (horizontal:vertical)

8.2. Protective edging at least 2 inches high on each side if the curb ramp does not have flares and the rise is greater than 6 inches

9. Pedestrians are channelized when routed off existing pedestrian routes Construct handrails such that they are continuous, smooth and free of sharp or rough edges.

SPECIAL PROVISIONS

SPECIAL PROVISIONS
6 Provide an overhead covering to protect pedestrians from falling objects and drippings from overhead structures.

If the temporary access route is next to traffic or work activities, place a temporary barrier to separate the route from vehicles and equipment.

Install a detectable warning surface at locations where a curb ramp, landing, or blended transition connects to a street. Install the warning surface such that it extends a minimum of 36 inches in the direction of travel and for the full width of the landing, blended transition, or curb ramp, excluding the flares.

Maintain the temporary pedestrian access route clear of obstructions. Do not allow traffic control devices, equipment, or construction materials to protrude into the walkway.

Maintain a continuous unobstructed path connecting all pedestrian routes, parking lots, and bus stops located within the project limits.

Remove the temporary pedestrian access route when the Engineer determines it is no longer needed.

Provide a temporary pedestrian access route through falsework under section 16-2.02.

DIVISION V SURFACINGS AND PAVEMENTS
39 ASPHALT CONCRETE
Add to Section 39-1.02B MATERIALS, Tack Coat
All vertical edges and surfaces to be paved against shall be tack coated. These include, but are not limited to, curb faces, gutter lips, swale edges, cross gutter edges, and asphalt concrete edges.

Replace Section 39-1.02F MATERIALS, Reclaimed Asphalt Pavement (RAP) with:

Asphalt concrete with 25% RAP may be used for paving operations.

DIVISION VIII MISCELLANEOUS CONSTRUCTION
77 LOCAL INFRASTRUCTURE
Add to Section 77-1.03A(3) Groundwater
Float rock may be substituted for initial backfill when ground water is present per Engineering Standard 6020. Full compensation for removing water or dewatering excavations and backfilling with float rock is included in the payment for other bid items unless a bid item of work is shown on the Bid Item List.

Add to Section 77-1.03B(1) TRENCH CONSTRUCTION, General All abandoned waterlines encountered partially or entirely within the trench section for the new waterline must be removed and disposed of. The active/abandoned status of all waterlines has been shown on the plans. The Contractor must notify the City immediately if any waterline shown as abandoned is found to be active. No additional compensation will

SPECIAL PROVISIONS

SPECIAL PROVISIONS
7 be allowed for removal of abandoned waterline.

If, at any point during the project, a trench is excavated within 5 feet of the wall of the trench, of an active utility such as a waterline, or any other utility that could potentially break, the Contractor must provide shoring as necessary to prevent movement of existing lines.

Replace the 1st paragraph of Section 77-1.02C(1) MATERIALS, Tracer Material - Tape with:

Use “Terra Tape – Blue, Water) as manufactured by Griffolyn Company, Inc., Houston, Texas or an approved equal for tracing pipe material.

Add to Section 77-1.03D Surface Restoration
Geotechnical borings and potholing of existing utilities indicate that the streets are paved with 6 inches to 12 inches of AC. Repair trench paving must be with 10 inches of AC.

Add to Section 77-2.02B(1) MATERIALS, Ductile Iron Pipe Ductile iron pipe must be fully restrained at all joints. Joint restraint must be achieved with the use of the following methods:

1. Restrained joint pipe, TR FLEX by US pipe, or approved equal

2. Push-on joint pipe with restraining gaskets is not allowed.

Method and materials of joint restraints must be approved by the ductile iron pipe manufacturer.

Add between 6th and 7th paragraph of Section 77-2.02C MATERIALS, Joints and Fittings:

Restrained coupling type must be either:

1. EBAA Iron, or

2. Approved equal
Replace Section 77-2.02D(1) MATERIALS, Valves – Gate Valves (3 inch to 12 inch) with:

All gate valve must be meeting the following requirements:

1. Mechanical joint or flange

2. Resilient seated with fully encapsulated gate

3. Epoxy coated inside and outside

4. Full-size waterway

5. Open to the left

6. Non-rising stems with o-ring seals

7. Complete with cast iron glands

8. High strength cast iron tee-head bolts and hex nuts

9. Plain rubber gaskets conforming to ASA specification A21.11

10. 300-psi working pressure rating

11. Tested to 400 psi

12. Meet the requirements of AWWA C509

SPECIAL PROVISIONS

SPECIAL PROVISIONS
8 13. Preferred manufacturer:
a. AVK
b. Clow, or
c. Approved equal
Add to the end of Section 77-2.02D(2) MATERIALS, Valves – Butterfly Valves (14 inch to 24 inch):

The following requirements shall supersede the abovementioned requirements as applicable when the static pressure of the pipeline in which the BFV is to be installed exceeds 250psi:

1. Butterfly valves shall be manufactured for a full differential pressure of 350 psig.

The valves shall be capable of operating at pressures of 350 psi.

2. Flanges shall be compatible with ANSI B16.5.

3. The body shall be constructed of Ductile Iron ASTM A536 Gr. 65-45-12, with flanged end connections drilled in accordance with ANSI B16.1, Class 250. The body wall thickness shall be in strict accordance with AWWA C504 Table #1, for gray iron 250B valves.

4. Class 250B butterfly valves shall be submitted to the Engineer for approval prior to ordering or delivering.

5. Manual actuators shall be of the traveling nut, self-locking type and shall be designed to hold the valve in any intermediate position between fully open and fully closed without fluttering or creeping. The actuator shall have mechanical stops that will withstand an input torque of 450 lb./ ft. against each stop. Manual actuators shall conform to AWWA Standard C504.

6. Preferred manufacturer:
a. McWane/M&H
b. Mueller, or
c. Approved equal
Add to Section 77-2.03H Existing Water Pipes
The contractor must submit a tie-in plan, which will be reviewed and accepted by the Engineer prior to any shutdown of existing waterline. The plan must detail the Contractor’s staffing levels, tie-in materials, equipment to be on site during tie-in procedure, and stepby-step plan for completing all tie-ins within the allotted times. The Contractor must coordinate with the City to shut down waterlines. Contractor must notify the Engineer a minimum of 5 working days prior to a waterline being taken out of service. Special considerations must be given to buildings with fire lines and City Standard Specification 77-2.03H(2) will be strictly enforced.

A complete crew must be available per each water line tie-in. A complete crew must include, at a minimum, excavation equipment, and operator, and two laborers experienced in pipeline work. Tie-ins must be completed within four (4) hours from the time water is turned off until the system is put back into service. Liquidated damages will be assessed in the amount of $500 per hour for each hour or portion thereof for which the reinstatements of water supplies are delayed beyond 4 hours.

SPECIAL PROVISIONS

SPECIAL PROVISIONS
9 Replace Section 77-2.03J(4) Pressure with:

All new water facilities must be pressure tested, after water facilities:

1. have been placed and isolated from the existing water system

2. trenches have been backfilled

3. concrete thrust blocks have cured for a minimum of 36 hours

4. have passed disinfection testing
You may pressure test a new water facility against an existing valve that is closed at your own risk. The existing valve cannot be guaranteed not to leak. If the valve leaks or if the line looses pressure, the test must be stopped immediately. You are responsible to modify the new pipe work by adding temporary blow-offs or other method, approved by the Engineer, to allow the testing to occur at no additional cost to the City.

If hydrants or blowoffs are not available for expelling air, taps must be made at points of highest elevation before any tests are made. After tests have been completed, insert plugs in the pipe taps.

Pressure test new water and recycled water facilities as follows:

1. Pressurize new water facility to 225 psi (minimum of 215 psi and maximum of 235 psi); and

2. Maintain pressure for two hours
Evaluate leakage

3. After steps 1 and 2, pressurize new water facility to 150 psi (minimum of 145 psi and maximum of 155 psi) for potable facilities and 200 psi (minimum of 195 psi and maximum of 205 psi) for recycled water facilities; and

4. Maintain pressure for four hours

5. Evaluate leakage
New potable and recycled water facility will not be accepted until the leakage is less than the number of gallons as determined by the following table:

Allowable Leakage (Gallons) per Joint per Hour
Diameter
(inches) 4” 6” 8” 10” 12” 14” 16” 18” 20” 24”
PVC 0.0067 0.0100 0.0133 0.0167 0.0200 0.0233 0.0267 0.0300 0.0333 0.0400 Ductile
Iron 0.0075 0.0110 0.0148 0.0184 0.0220 0.0258 0.0294 0.0332 0.0368 0.0442 The total allowable leakage is calculated by multiplying the leakage per joint in gallons per hour for the diameter of the pipe tested as obtained from the above table, by the duration of the test in hours and the total number of joints.

Total Allowable Leakage (Gallons)
= Allowable Leakage per Joint per Hour × Number of Hours × Number of Joints The measured leakage must be less than or equal to the total allowable leakage.

SPECIAL PROVISIONS

SPECIAL PROVISIONS
10 𝑀𝑒𝑎𝑠𝑢𝑟𝑒𝑑 𝐿𝑒𝑎𝑘𝑎𝑔𝑒 ൑ 𝑇𝑜𝑡𝑎𝑙 𝐴𝑙𝑙𝑜𝑤𝑎𝑏𝑙𝑒 𝐿𝑒𝑎𝑘𝑎𝑔𝑒
If the section under test contains joints of various diameters, the allowable leakage will be the sum of the computed leakage for each size joint.

Remove and replace any defective:

1. pipes

2. fittings

3. valves

4. hydrants, or

5. consumer water services
discovered during pressure test and repeat test.

Add to Section 77-2.03C Fire Hydrant
Existing fire hydrants taken out of service or new fire hydrants, not yet connected to the water system, or in any way, not ready for service must be designated as out of service.

Out of service hydrants must be covered with a bag for the entire duration each hydrant is out of service.

Add to Section 77-2.03J(2) Flushing
Discharge of water into a sanitary sewer manhole must not exceed 150 gallons per minute and only during dry weather conditions and must be properly dechlorinated. Downstream manholes must be monitored for any surcharging while discharging water into a manhole.

Discharge locations must be coordinate with the Engineer.

Add Section 77-2.03K Sequence of Major Waterline Work
Contractor shall conform to the following work sequence to minimize operational impact to the existing water conveyance system:

1. Phase 1
a. Construct temporary relocation for existing 8-inch water mains in Stafford Street and Taft Street with the existing 16-inch water main in California Boulevard at the crossings with the new 24-inch water main (Sta 20+20+/- and Sta 24+10+/-). The new 24-inch water main will be in conflict with these two existing 8-inch water mains.

2. Phase 2
a. Construct the new 24-inch water main in California Boulevard, the new 8- inch water main in Stafford Street, the new fire hydrant and lateral line in Stafford Street, and the new 8-inch water main connection in Taft Street as shown in the Design Plans to within 20 feet of the connection points with existing water mains. Disinfect and test the constructed portions with potable water from nearby fire hydrant in accordance with Section 77-2.03J of the City Standard Specifications. Isolate the new 8-inch water main connection in Taft Street with the new valve.

3. Phase 3

SPECIAL PROVISIONS

SPECIAL PROVISIONS
11 a. Assemble the north connection piping and valve assembly at California Boulevard and Stafford Street above ground. Disinfect and test the assembly prior to install per Section 77-2.03J of the City Standard Specifications. The assembly shall be hoisted as a single unit into the excavation to minimize the connection time.
b. Isolate the existing 24-inch water main in California Boulevard at the nearest valve to the connection points (to be coordinated with the City). c. Excavate to expose the north connection point of the new 24-inch water main in California Boulevard. Remove interfering portions of the existing pipeline. Construct the temporary blow-off on the existing 16-inch water main south of the connection.
d. Install the connection assemblies and connect the new 24-inch water main in California Boulevard, the new 8-inch water main in Stafford Street and the existing 24-inch water main with this assembly. Isolate the new 8-inch water main in Stafford Street with the new valve. This step shall be performed during nighttime work hours as defined in Section 5-1.01 of these special provisions. Shut down period shall not exceed 4 hours.

4. Phase 4
a. Isolate the existing 8-inch water main in Stafford Street at the nearest valve to the connection point (to be coordinated with the City). Connect the east end of the new 8-inch water main in Stafford Street with the existing 8-inch water main.
b. Isolate the existing 8-inch water main in Taft Street at the nearest valve to the connection point (to be coordinated with the City). Connect the east end of the new 8-inch water main connection in Taft Street with the existing 8- inch water main.

5. Phase 5
a. Assemble the south connection piping and valve assemblies above ground.

Disinfect the assembly prior to install per Section 77-2.03J of the City Standard Specifications. The assembly shall be hoisted as a single unit into the excavation to minimize the connection time.
b. Isolate the existing 16-inch water main in California Boulevard at the nearest valve to the connection points (to be coordinated with the City). c. Excavate to expose the south connection points of the new 24-inch water main in California Boulevard. Remove interfering portions of the existing pipeline.
d. Install the connection assemblies and connect the new 24-inch water main and the existing 16-inch water main with this assembly. This step shall be performed during nighttime work hours as defined in Section 5-1.01 of these special provisions. Shut down period shall not exceed 4 hours.

6. Phase 6
a. Abandon in-place existing water mains in California Boulevard, Stafford Street and Taft Street as shown on the Design Plans. Remove existing fire hydrant on Stafford Street. Remove valves that are no longer in use per City Standard Detail No. 6050.

SPECIAL PROVISIONS

SPECIAL PROVISIONS
12 b. Perform pavement restoration as denoted on the Design Plans and City Standard Detail No. 6050.

Full compensation for conforming to the requirements of this section will be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.

Add Section 77-2.04 Payment
Payment for “Comply with OSHA” shall include full compensation for furnishing all labor, materials, tools, equipment, personnel, medical screening and incidentals, including shoring and all trench stabilization, and for doing all the work involved to comply with all OSHA regulations pertinent to the types of work to be done under this contract, including preparation of worker protection plan required by Sections 6705 and 6707 of the Labor Code, and no additional compensation will be allowed therefor.

DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Add to Section 84-2.03C Application of Stripes and Markings:

Preformed thermoplastic is not allowed.

DIVISION XIII APPENDICES
Add 100-1.01 Appendices

1. Appendix A - Form of Agreement

2. Appendix B – Shutdown Maps

3. Appendix C - Geotechnical Reports

APPENDIX

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

WITNESSETH:

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

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

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

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

Item
No.

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

1. 2.

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

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

APPENDIX

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

1. Notice to Bidders and Information for Bidders

2. Standard Specifications and Engineering Standards

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

4. Caltrans Standard Specifications and Standard Plans 2015

5. Accepted Bid and Bid Bond

6. List of Subcontractors

7. Public Contract Code Sections 10285.1 Statement

8. Public Contract Code Section 10162 Questionnaire

9. Public Contract Code Section 10232 Statement

10. Labor Code Section 1725.5 Statements

11. Bidder Acknowledgements

12. Qualifications

13. Non-collusion Declaration

14. Agreement and Bonds

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

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

However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In

APPENDIX

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

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

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

CITY OF SAN LUIS OBISPO
A Municipal Corporation

__________________________________
Whitney McDonald, City Manager

APPROVED AS TO FORM CONTRACTOR:

Name of Company
________________________________

By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):

By:________________________________
Name of Corporate Officer
Its: ____________________

APPENDIX

APPENDIX
3 APPENDIX B – CALTRANS ENCROACHMENT PERMIT

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT
DOT TR-0120 (REV 05/2023)
FM 91 1436
05-24-N-TK-0477
Permit No.

ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].

In compliance with your application of July 2, 2024
Reference Documents:

Utility Notice No.

Agreement No.

R/W Contract No.

Project code (ID):

Applicant's Reference/ Utility Work Order No.
of
of
of
CFC #:
2000545
05/SLO/101/PM 29.4
Dist/Co/Rte/PM
July 10, 2024
Permit Approval Date
$0
Performance Bond Amount (1)
$0
Payment Bond Amount (2)
$ N/A
Bond Company
$ N/A
Bond Number (1)
$ N/A
Bond Number (2)
City of San Luis Obispo
Attn: Hai Nguyen Senior Engineer
919 Palm Street
San Luis Obispo, CA 93401
(805)781-7108
TO:
, PERMITTEE
Requesting scope of work within US-101 for traffic control heading into the work zone as shown on the attached plans and as directed by the permit provisions within US-101 right of way at postmile 29.406 in the county of San Luis Obispo. and subject to the following, PERMISSION IS HEREBY GRANTED to:

THIS PERMIT IS NOT A PROPERTY RIGHT AND DOES NOT TRANSFER WITH THE PROPERTY TO A NEW OWNER.

The following attachments are also included as part of this permit (check applicable):

YES NO General Provisions
YES NO Utility Maintenance Provisions
YES NO Storm Water Special Provisions
YES NO Special Provisions
YES NO A Cal-OSHA Permit, if required: Permit No.

YES NO As-Built Plans Submittal Route Slip for Locally Advertised Projects YES NO Storm Water Pollution Protection Plan
In addition to fee, the permittee will be billed actual costs for:

YES NO Review
YES NO Inspection
YES Field Work
(if any Caltrans effort expended)
As-built Plans are Required
YES NO
YES NO The information in the environmental documentation has been reviewed and considered prior to approval of this permit.

This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized.

No project work shall be commenced until all other necessary permits and environmental clearances have been obtained.

This permit is void unless the work is completed before January 31 , 2025 CC:
#1: ROMANO J VERLENGIA
#2: JOSHUA J MILTON
#3:
#4:

Scott Eades, District Director
APPROVED:

BY
{{
Valerie Beard (Jul 10, 2024 16:42 PDT)
Sig1_es_:signer1:signature }} VALERIE BEARD, District Permit Engineer Valerie Beard

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor 50 HIGUERA STREET | SAN LUIS OBISPO, CA 93401-5415
(805) 549-3111 | TTY 711
www.dot.ca.gov
7/10/2024 05-SLO-101-29.406
05-24-N-TK-0477
City of San Luis Obispo
Attn: Hai Nguyen
919 Palm Street,
San Luis Obispo, CA 93401
Dear Hai Nguyen:

Attached is your approved encroachment permit. DO NOT BEGIN WORK UNTIL YOU

HAVE FIRST READ THE ENTIRE PERMIT CAREFULLY AND COMPLETELY AND CONTACTED THE STATE INSPECTOR LISTED ON YOUR PERMIT.

This permit is a legal and binding contract once work on it has begun. You are subject to the provisions contained in the permit and in the attached Encroachment Permit General Provisions. If there is any question regarding interpretation of any detail in the permit or the General Provisions, you may contact the inspector listed on your permit or our office at (805) 549-3152. Thank you in advance for your cooperation.

Pursuant to the Executive Department, State of California, Proclamation of a State of Emergency, signed on October 27, 2019, and under the direction of the Office of Emergency Services and the State Emergency Plan, work authorized by this permit will be suspended when a planned Public Safety Power Shutoff (PSPS) notification is in effect. Unless Permittee has obtained special approval from the Director of Caltrans or his assigns to work during a PSPS event, Permittee must stop work and make all traveled ways and roadsides safe for public travel and emergency services if notified by the Director of Caltrans or his assigns.

Sincerely,
for

VALERIE BEARD, PE
District Permit Engineer

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

Work authorized under this permit:

Requesting scope of work within US-101 for traffic control heading into the work zone as shown on the attached plans and as directed by the permit provisions within US101 right of way at postmile 29.4 in the county of San Luis Obispo.

Permit Distribution List:

Permit File
Romano Verlengia - Inspector
Joshua Milton - D.O.

STATE PERMIT INSPECTOR
Unless approved otherwise by the State Permit Inspector, Permittee must contact the State Permit Inspector listed below, at the following times, before starting work in the State right of way:

A minimum of two weeks prior to commencing work for a pre-job meeting to discuss permit provisions, notification requirements, and scheduling.

A minimum of two working days prior to commencing work.

State Permit Inspector: Romano Verlengia Phone: (805) 458-3353 Email: [email protected] Fax:

Notification requirements that will impact your work schedule:

1. Changes to horizontal or vertical clearances; minimum of 25-day advance notification.

2. Lane closures: completed “Weekly Traffic Update” form must be submitted by noon the Monday prior to date of proposed lane closure.

3. Public Affairs: completed “Public Affairs – Permitted Activity Notification” form must be submitted as early as possible (One Week Ahead is Best) prior to beginning of permitted activity.

4. When work has been interrupted for more than five working days, the Permittee must notify the Caltrans Permit Inspector a minimum of two working days prior to restarting work. This issued encroachment permit is void unless the permitted activity or construction is completed by the void date shown on page 1 of the encroachment permit form DOT TR-0120. The Permittee is solely responsible to keep track of the permit void date. All requests to extend this void date must be received by the District 5

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

Encroachment Permits Office while the encroachment permit is valid. Request for an extension received after the permit void date cannot be processed.

Pursuant to the Executive Department, State of California, Proclamation of a State of Emergency, signed on October 27, 2019, and under the direction of the Office of Emergency Services and the State Emergency Plan, work authorized by this permit will be suspended when a planned Public Safety Power Shutoff (PSPS) notification is in effect. Unless Permittee has obtained special approval from the Director of Caltrans or his assigns to work during a PSPS event, Permittee must stop work and make all traveled ways and roadsides safe for public travel and emergency services if notified by the Director of Caltrans or his assigns.

ADDITIONAL PERMIT ATTACHMENTS

PUBLIC AFFAIRS PROJECT NOTIFICATION

WEEKLY TRAFFIC UPDATE

HOLIDAY AND SPECIAL DAY LANE CLOSURE RESTRICTION CALENDAR DISTRICT 5 NON-STANDARD SPECIAL PROVISION 12-4.02C(3)(f) CALTRANS STANDARD PLANS T9-T14, T30-T34
FORM CEM-3101

HAZARDOUS MATERIALS AND HAZARDOUS WASTE MANAGEMENT
Other: o Typical Temporary Sign Support Details o Typical Portable Changeable Message Sign Placement o Encroachment Permit Applicant: Contractor(s) Authorization Form (DOT TR-0429) o Notice of Completion TR-0128 o Completed Standard Encroachment Permit Application (DOT TR-0100) o Approved Plans

PLANS AND SPECIFICATIONS
If conflicts arise between Special Provisions, Plans, Caltrans Standard Plans, Standard Specifications, or other Caltrans standards, the Caltrans Inspector shall make the final determination regarding selection or interpretation of standards and/or specifications. State Standards and Specifications must apply to all work within the State right of way unless directed otherwise by the State Inspector. Reference to the Engineer in the State Standard Specifications must include the State Representative (Caltrans Permit Inspector or District 05 Permit Engineer).

Attention is directed to Section 5 of the current State Standard Specifications and the Encroachment Permit General Provisions (TR-0045) regarding control of work and permit work plan revisions. Additionally, the State Permit Inspector may require reasonable additions, modifications, or revisions to the scope of work at no cost to the State if the change is in the best interest of the State facility where the encroachment permit is being granted and Caltrans policy, Standard Specifications, or Permit Provisions are unclear.

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

WORK HOURS
Work authorized by this permit that does not restrict or close any traffic lane or shoulder may be performed on weekdays between the hours of 9:00 AM and 3:00 PM.

Traffic lane and shoulder restrictions or closures:

Nighttime lane closures shall only be allowed on Monday through Thursday between the hours of 6:00 PM - 6:00 AM, and Friday between the hours of 11:00 PM - 6:00 AM.

Hours to be determined by the Caltrans Permit Inspector based on location of work.

Work and lane closure restrictions will apply prior to and after a holiday or holiday weekend:

1. As shown on the attached Holiday and Special Day Lane Closure Restrictions calendar.

2. Work schedules beyond the calendar dates shall comply with the attached District 5 Non-Standard Special Provision 12-4.02C(3)(f).

3. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday.

4. When November 11th falls on a Saturday, Friday November 10th shall be a designated legal holiday.

The State Inspector must approve deviations from these hours in advance.

All work that will impact the normal operations of Caltrans traffic signal facilities must be performed under traffic control and during the hours approved by the Caltrans Inspector and Caltrans District 5 Traffic Management Center.

If not identified elsewhere in this permit, Permittee or Permittee’s contractor must provide the contact information for two personnel, who will be ensuring LCS compliance during the pre-job meeting with the Caltrans Permit Inspector. Contact information shall include personnel’s full names, phone numbers and email addresses.

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

CONDITIONS OF APPROVAL

1. Failure to meet with the Caltrans Permit Inspector for a pre-job meeting prior to starting work within the State right of way may result in the immediate termination of work at the site. The State right of way shall be restored to a safe condition and all personnel and equipment must be removed from the State right of way as soon as possible as directed by the Caltrans Representative. Work may resume once the meeting with the Caltrans Permit Inspector has taken place and the Caltrans Permit Department has determined that the work is in compliance with the provisions of this permit.

2. Failure to comply with the permit provisions may result in the revocation of this permit (See Encroachment Permit General Provision number 2.) and will also result in more stringent permit requirements for future encroachment permits.

PERMITTEE AND PERMITTEE’S PRIME CONTRACTOR(S)
Notwithstanding Encroachment Permit General Provision #4, the Permittee and Permittee’s prime contractor(s) are required to complete, sign, and submit the attached Encroachment Permit Applicant: Contractor(s) Authorization Form DOT TR0429, prior to the pre-construction meeting, to the Caltrans Permit Inspector.

1. The form must reference permit number 05-24-N-TK-0477.

2. A California licensed contractor, individual, or company under contract directly with the Permittee is considered a prime contractor for this encroachment permit.

3. Each prime contractor must provide a certificate of liability insurance and an additional insured endorsement to cover the State’s potential liability for the permitted work and the issuance of the permit rider. The certificate and endorsement must name “the State of California, California Department of Transportation, the directors, officers, employees, and/or agents of the State of California and/or the California Department of Transportation” as additional insured for the following minimum liability insurance limits:
$2,000,000.00 General Liability Aggregate
$1,000,000.00 General Liability per Occurrence
$100,000.00 Non-Owned Vehicle Property Damage
The Certificate must contain “Permit Number 05-24-N-TK-0477” in the description of the Certificate.

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

4. If prime contractor(s) are replaced or added after the initial submission of Form DOT TR-0429, Permittee and Permittee’s new prime contractor(s) must complete, sign, and submit another form with signatures to the Caltrans District 5 Encroachment Permits Office.

5. Work within the State right of way may not begin until the receipt and approval of Form DOT TR-0429 by the Caltrans Permit Inspector and the required information listed below from the prime contractor(s) has been approved with a permit rider by the Caltrans District 5 Encroachment Permits Office.

The Permittee or Permittee’s prime contractor is also responsible to provide the following information as a permit rider application package for this permit. Permit rider applications also use the Standard Encroachment Permit Application DOT TR-0100. The permit rider applicant must be the Permittee of this permit and must reference this permit number, 05-24-N-TK-0477, in the description of work. The Permittee or Permittee’s prime contractor may submit the permit rider application package. If the prime contractor will be acting as an agent on the Permittee’s behalf for the permit rider, a letter of authorization from the Permittee to the Permittee’s prime contractor to apply and obtain the permit rider must be provided.

A. The prime contractor responsible for the permit project traffic control must provide the project specific traffic control plans prepared, stamped, and signed, with the license expiration date, by a California Civil Engineer.

TRAFFIC CONTROL AND PUBLIC SAFETY
All traffic control must be performed under the direction of qualified and competent traffic control personnel. If it becomes apparent to the Caltrans Permit Inspector that the Permittee's contractor does not have adequately trained and competent staff to perform traffic control, the Permittee or Permittee's contractor must hire a suitable contractor to provide traffic control.

Traffic control and construction zone signing must be performed per an approved traffic control plan.

In the absence of a project specific traffic control plan:

All traffic control must be performed in compliance with the applicable Caltrans Standard Plans for traffic control, California Manual on Uniform Traffic Control Devices, or as approved by and as directed by the Caltrans Permit Inspector,

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

or
If requested by the Caltrans Permit Inspector, Permittee or Permittee's contractor must provide a traffic control plan prepared by a duly licensed individual for review and approval. Plans must bear the licensed individual's signature and identifying licensing information.

All traffic control personnel performing flagging operations must be trained and follow the provisions listed in Caltrans Standard Specifications 12-4.02C(9) through 12-4.02C(11). Certification of training must be provided if requested by the State Permit Inspector.

All traffic control devices must comply with the current California Manual of Uniform Traffic Control Devices.

The Permittee must provide all traffic control devices and personnel. All expenses incurred from traffic control operations must be borne by the Permittee.

Work must not interfere with traffic and no equipment must be parked on or operated from the traveled way unless approved by the Caltrans representative.

Notwithstanding lane closures noted in the traffic control plans or elsewhere in this permit, the full width of the traveled way must be open for use by public traffic on Saturdays, Sundays, designated legal holidays, the day preceding designated legal holidays, after 3:00 PM on Fridays, and when construction operations are not actively in progress.

On multilane roadways, a minimum of one-paved traffic lane, not less than 10 feet wide, must be open for use by public traffic in each direction of travel.

On 2-lane, two-way roadways a minimum of one-paved traffic lane not less than 10 feet wide must be open for use by public traffic. When construction operations are not actively in progress, not less than 2 of these lanes must be open to public traffic.

If approved by the State Inspector, one lane may be closed during construction and public traffic stopped for periods not to exceed 5 minutes. After each closure, all accumulated traffic must be allowed to pass through the work before another closure is made. Lane closures must not exceed 0.5 mile in length.

Minor deviations from the requirements of this section concerning hours of work may be permitted upon the written request of the Permittee if, in the opinion of the Inspector, public traffic will be better served, and the work expedited. The

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

Permittee must not adopt these deviations until the Inspector has approved them in writing.
“NO PARKING” zones must be posted a minimum of 48 hours in advance of proposed parking lane closure.

Standard Specification12-4.02C(4) Buffer Lanes
Where two or more lanes are adjacent to a work area, including work on shoulders, you must close the lane adjacent to the work area in accordance with the lane closure requirements as follows:

1. Work is on the traveled way within 6 feet of the adjacent traffic lane.

2. Work is off the traveled way but within 6 feet of the edge of the traveled way, and the posted speed is 45 mph or greater.

3. Work is off the traveled way but within 3 feet of the edge of the traveled way, and the posted speed is less than 45 mph.

Closure of the adjacent traffic lane is not required for:

1. Workers protected by a permanent or temporary barrier

2. Installation, maintenance, or removal of traffic control devices except for temporary barrier system
For time periods at the beginning or end of work when the lane requirement charts do not allow the closure of the adjacent traffic lane, the following construction activities are allowed without a buffer lane:

1. Paving

2. Parking, positioning, loading, unloading vehicles, or storing equipment or materials necessary for the work being performed

3. Placing, removing or maintaining traffic stripes, pavement marking, or pavement markers

4. Operations not performed by workers on foot such as grinding, grooving, planing, sweeping, applying a tack coat, or operating a crane

5. Operations where workers on foot are protected, at each work location, within the same closure by an impact attenuator vehicle in the lane adjacent to live

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

traffic
Do not perform work activities or store equipment, vehicles, or materials within the buffer lane.

Suspended Loads
Suspended loads or equipment must not be moved nor positioned over public traffic or pedestrians.

Portable Changeable Message Sign
Permittee must furnish portable changeable message signs (PCMS) conforming to State Standard Specifications Section 12-3.32, “Portable Changeable Message Signs” and the California Manual on Uniform Traffic Control Devices.

If edge of PCMS sign panel or PCMS extends into the paved shoulder, provide a standard shoulder closure per Caltrans Revised Standard Plan RSP T10.

When PCMS message is no longer needed to inform the traveling public of construction activities, the PCMS must be removed from the State highway right of way, or the PCMS display board must be rotated away from view of the traffic lanes and shut off.

GENERAL REQUIREMENTS
Project/Work Site
All disturbed areas must be restored to original or better condition.

Any change in the existing drainage pattern, whether occasioned by increase or diversion, and the cost of damage, repair, or restoration of the State highway right of way must be the responsibility of the Permittee.

No earth or construction materials are to be dragged or scraped across the highway pavement. No excavated earth shall be placed or allowed to remain at a location where it can be tracked on the highway traveled way, public, or private approach by the Permittee’s construction equipment or by traffic entering or leaving the highway traveled way. The Permittee must immediately remove excavated earth or mud so tracked onto the highway pavement or public or private approach.

No excavation, maintenance hole, pull box, or vault shall be left open overnight or unattended during work hours without written permission from the Caltrans representative and adequate protection for traffic and pedestrians is provided.

Any earthwork, excavation and embankments must conform to Caltrans Standard

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

Specifications Section 19, Earthwork. Any clearing and grubbing must conform to Caltrans Standard Specification Section 17-2, Clearing and Grubbing. All newly placed concrete must be cured in accordance with Caltrans Standard Specifications Section 90-1.03B, Curing Concrete.

Personnel Protective/Safety Equipment
All personnel working within the State right of way must wear the appropriate personnel safety/protective equipment as specified by the personnel's employer's "Injury and Illness Prevention Program" required by the California Code of Regulations 3203. If requested by the Caltrans Permit Inspector, personnel's employer must provide a copy of said "Injury and Illness Prevention Program" and identify the locations within the document that addresses, but not limited to, personal protective equipment, head protection, and warning garments.

In the absence of an "Injury and Illness Prevention Program," all other personnel within the project work zone must conform to the personnel protective/safety equipment requirements in the latest edition of the Caltrans Safety Manual.

Aerially Deposited Lead (ADL) for Minimal Disturbance
Permittee must reuse the soil within the work limits in the immediate area from which it was excavated. If any excess soil is generated, it becomes the property of the Permittee. Permittee must transport all excess soil outside of Caltrans' right-of-way and dispose of it in accordance with all applicable environmental laws and regulations.

Construction Debris and Waste Materials
The Permittee solely owns all construction debris and waste materials, including hazardous waste, generated by this permitted project. Said materials must be removed from the State right of way, stored, and disposed of in accordance with applicable local, regional, State, and Federal specifications or regulations.

Construction debris and waste materials must be disposed of:
at designated off-site commercial facilities approved to accept said materials,
at non-commercial permitted sites approved to accept said materials (Permittee must provide copies of all necessary local and State agency permits prior to disposal.),
or at sites outside of the State of California approved to accept said materials (Permittee to provide copies of permits issued by the local and State agency

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

with jurisdiction over the site prior to disposal.).

If requested by the State Permit inspector, Permittee must provide a copy of documentation as proof of the proper disposal of said materials.

Existing Trees and Vegetation
Unless stated elsewhere in this permit or shown on the approved permit plans, this permit does not authorize the removal, severing of roots or trimming of vegetation.

If work of this nature is required, a written request and approval, by the Caltrans Permit Inspector, is required in advance of performing the work. Replacement planting may be required as a mitigation measure. Excavations should be done outside of drip line to reduce tree damage and integrity of trees. If excavations must be made within the drip line of trees (or extending tree roots) along the right of way, the trenches must be hand dug and the utility routed beneath or around root structure. Major tree roots must not be cut or damaged. Additionally, the exposed roots must be wrapped and kept moist until the excavation is back filled with the native material. Requests for exceptions must be accompanied by an Arborist’s recommendation.

Archaeological/Cultural Requirements
If archaeological resources or human remains are accidentally discovered during construction, work must be halted within 150 feet of the find until a qualified professional archaeologist can evaluate it. Permittee must notify Caltrans District Archaeologist Krisstin Hadick, (805) 458-1238, about the discovery immediately. If the find is determined to be significant, appropriate mitigation measures must be formulated and implemented.

Signs
Installation of roadside signs must comply with all applicable portions of the current Caltrans Standard Specifications Section 56-3, Caltrans Standard Plans, California Manual on Uniform Traffic Control Devices, and Caltrans policies.

If exact locations of roadside and construction area signs are not shown on the project plans, post holes must be dug by hand, except where potential conflicts can be eliminated. Potential conflicts are considered eliminated when an appropriate regional notification center has performed field mark-out and no subsurface utilities are within 4 feet of the proposed post hole, or the post hole can be moved 4 feet away from subsurface utilities as located by the utility owner.

Temporary and permanent signs placed within the State right of way must comply with minimum retro-reflectivity requirements of the most current of the following:

Federal Highway Administration Manual on Uniform Traffic Control Devices - Section 2A.08, Caltrans Standard Specifications Section 82-2.02C, Retroreflective Sheeting.

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

Roadside signs mounted on post(s) must be placed at locations shown on the permit plans and must be installed in compliance with the latest edition of Caltrans Standard Plan RS1 through RS4.

Temporary signs mounted on barricades and barricade/sign combinations must be crashworthy.

The bottom of a temporary sign mounted on a barricade, or other portable support, must be at least 1 foot above the traveled way or the existing surface at the location of placement.

Proposed sign placement must not interfere with the visibility of any existing warning, regulatory, information or guide signs along the State Highway.

Signs to be owned and maintained by the Permittee shall be appropriately marked on the back of the sign.

A safe pedestrian passageway width of 4 feet must be maintained at any sign installation in areas normally traversed by pedestrians. The minimum passageway adjacent to a drop off, such as a curb face or gutter must be at least 5 feet.

EXISTING FACILITIES
Existing improvements must be protected or relocated as required by the work authorized by this permit. If existing improvements including pavement markings and delineation are damaged or their operation impaired by this work, they must be replaced or restored to the satisfaction of the Caltrans representative. Such work must be done immediately if requested by the Caltrans representative.

IT SHALL BE THE PERMITTEE'S RESPONSIBILITY TO FULLY INVESTIGATE THE PROPOSED

WORK AREA FOR POSSIBLE CONFLICTS WITH EXISTING UTILITIES AND FACILITIES,

INCLUDING BUT NOT LIMITED TO SEWERS, ELECTRICAL CONDUCTORS, GAS LINES, WATER PIPES AND TRAFFIC SIGNAL FACILITIES. THE PERMITTEE AGREES TO ACCEPT ALL

LIABILITY FOR DAMAGES DONE TO EXISTING FACILITIES CAUSED BY THE WORK AUTHORIZED UNDER THIS PERMIT.

Caltrans Traffic Signals, Lighting, and Electrical Facilities Caltrans does not subscribe to underground utility locating services. It is the Permittee’s sole responsibility to investigate, locate, and mark existing Caltrans traffic signal equipment, loops, conduits, and street lighting facilities prior to work in or between signalized intersections and street lighting facilities.

Caltrans District 5 Permit Provisions
City of San Luis Obispo
05-24-N-TK-0477
05-SLO-101-29.406

WATER POLLUTION CONTROL
Discharge of Storm Water and Non-Storm Water
Work within State highway right-of-way must be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the Department of Transportation (Department), to govern the discharge of storm water and non-storm water from its properties. Work must also be in compliance with all other applicable Federal, State and Local laws and regulations, and with the Department's Encroachment Permits Manual and encroachment permit. The Department’s NPDES Permit requires the Permittee to comply and maintain, if applicable, the approved Storm Water Special Provisions for Minimal or No Impact (TR-0400), Water Pollution Control Program, or Storm Water Pollution Prevention Plan.

The Contractor (permittee) must be responsible for fines assessed or levied against the Contractor or the Department as a result of the Contractor's (permittee) failure to comply with these provisions. Fines shall include civil liability fines, criminal penalties and/or damages, assessed, or levied against the Department or the Contractor, Contractor liability for failure to comply with these provisions shall also include reimbursement for payments made or costs incurred by the Department in settlement for alleged violations of the Permits, the Manuals, or applicable laws, regulations, or requirements. Costs incurred could include sums spent in lieu of fines or penalties, in mitigation or to remediate or correct violations.

If an unforeseen illicit discharge is generated during construction activities and the Caltrans Permit Inspector cannot be contacted, the Permittee or Permittee's contractor must contact the Encroachment Permit Storm Water Coordinator, Rachel Naccarati (805) 534-3303 immediately. The Permittee or Permittee's contractor is responsible to contain and remediate the illicit discharge as directed by the Caltrans Permit Inspector or Encroachment Permit Storm Water Coordinator at no cost to the State.

PROJECT COMPLETION
Once work authorized by this permit has started, cancelling the permit or failure to contact the Caltrans Permit Inspector may result in the forfeiture of any remaining fee deposits.

Immediately following completion of the work permitted herein, the Permittee must fill out and send by email the Notice of Completion attached to this permit.

THANK YOU!

DISTRICT 5 NOTIFICATION REQUIREMENTS
The following provisions shall apply to all permit work requiring temporary lane closures or traffic detours:

Temporary Lane Closures
Notification of temporary lane closures or traffic detours shall be given to the State Inspector for his approval using copies of the attached form entitled, WEEKLY TRAFFIC UPDATE. Notification shall be submitted to the State Inspector by 12:00 PM (noon) Monday, prior to the week of the proposed closure or detour. Notifications submitted after the deadline cannot be approved for the upcoming week. All traffic control requiring the temporary closure of lanes or detour of traffic shall be approved in advance by the State Inspector.

Ramp Closures
14 to 7 calendar days prior to an approved ramp closure, notice shall be posted at the ramp entrance using the appropriate SC6 sign. In addition, an SC8 or portable changeable message sign shall be posted for the preceding ramp the day of the closure unless otherwise approved by the Caltrans Permit Inspector.

Caltrans Lane Closure System (LCS) Compliance
Work authorized by this permit may require compliance and proper notification in LCS.

If not identified elsewhere in this permit, you or your contractor must provide the contact information for two personnel, who will be ensuring LCS compliance during the pre-job meeting with the Caltrans Permit Inspector. Contact information shall include personnel’s full names, phone numbers and email addresses.

You or your Contractor’s LCS contact will be required to properly notify the District Traffic Management Center (TMC) as described below.

When a lane closure or lane shift has been identified by the Inspector with a Lane Closure ID # and Log #, you will be required to provide the TMC notification status when you are placing the lane closure, when you remove the lane closure, or when you cancel the lane closure.

When providing the status of the lane closure to the TMC you will need to follow these steps,

1. Obtain the Lane Closure ID and Log # assigned for the approved scheduled lane closure event from the Caltrans Permit Inspector a minimum of one weekday prior to the closure day or duration.

2. Call the TMC/Lane Closure Phone Number (805) 549-3837 to provide the Lane Closure ID Status
For a stationary closure on a traffic lane, use code:

1. 10-97 immediately before you place the 1st cone on the traffic lane

2. 10-98 immediately after you remove all of the cones from the traffic lane For a stationary closure on the shoulder, use code:

1. 10-97 immediately before you place the 1st cone after the last advance warning sign

2. 10-98 immediately after you remove the last cone before the advance warning signs
For a moving closure, use code:

1. 10-97 immediately before the actual start time of the closure

2. 10-98 immediately after the actual end time of the closure For closures not needed on the authorized date, use code 10-22 within 2 hours after the authorized start time.

When calling the TMC to provide the status on your lane closure you will say something to the effect of (substituting your lane closure ID number and Log number for example ID “P101CA” and Log number “1” below), “1097”- “This is (your name, phone number) calling to provide a 1097 status to lane closure ID P101CA and log number 1. That is a 1097 for Papa 101 Charlie Alpha log number 1.” “1098”- “This is (your name, phone number) calling to provide a 1098 status to lane closure ID P101CA, log number 1. That is a 1098 for Papa 101 Charlie Alpha log number 1.” “1022”- “This is (your name, phone number) calling to provide a 1022 status to lane closure ID P101CA, log number 1. That is a 1022 for Papa 101 Charlie Alpha log number 1.”
Failure to properly status the lane closures will result in a written warning by the Caltrans Permit Inspector on the first violation. If there is a 2nd violation, your permit may be suspended until a Contractor or new Contractor (C-31 or General Engineering A License preferred) who is experienced in traffic control and LCS notification is hired. Additional violations will result in the revocation of the permit and may impact the processing of future encroachment permit application packages.

You can check your lane closure status at the following website:
https://lcswebreports.dot.ca.gov/
Special Notifications
If permitted activities such as road closures or traffic detours may result in significant traffic congestion, Permittee shall be responsible for coordinating advance notification to local newspapers, television and radio stations, and emergency response providers with both the State Inspector and the Caltrans Public Information Officer, telephone (805) 549-3237. Public notice may include press releases and/or traffic signing.

Permittee shall complete and submit the attached form entitled PUBLIC AFFAIRS – PERMITTED ACTIVITY NOTIFICATION to the Caltrans Public Affairs Office as early as possible (One Week Ahead is Best) prior to beginning of permitted activity. Additional information or clarification may be required in the form of a written description of the activities in a format that is suitable for a press release. The form may be delivered by fax to (805) 549-3638 or emailed

to the PIO contact on the form.

Horizontal and Vertical Requirements for Extra-Legal Load Vehicles Permittee shall provide written notification to the Caltrans Permit Inspector or Caltrans Representative, of proposed horizontal or vertical lane restrictions which will affect extra-legal loads up to 16' wide and 18' high, or ramp closures/re-openings that may affect extra-legal loads traveling through the project area. Said notification shall be delivered to the Inspector no fewer than 25 days prior to proposed change. Permittee shall immediately notify the Caltrans Permit Inspector or Caltrans Representative as soon as the restriction is no longer present.

Attention: Romano Verlengia

WEEKLY TRAFFIC UPDATE

PERMITS
For the Week of: ___________________________
Please provide this form to your designated PERMIT INSPECTOR each week if you will be performing work that will impact traffic (lane closures, ramp closures, shoulder closure, traffic control, etc.) Weekly Traffic Updates must be received by Monday 12:00 PM (noon) the week prior to the requested date(s) of the planned traffic control. Failure to meet the deadline may result in the denial of the requested traffic control. The State Permit Inspector may also require changes to the requested traffic control prior to its approval.

We appreciate your cooperation. These updates need to be done in a timely manner to provide information to the traveling public we serve. THANKS!!!!

DATE TIME
(begin / end)
Location – Cross Streets, County
Route, and Post Mile (from / to)
Impact on Traffic
(Description)
Reason

Send, fax, or email to: Your PERMIT INSPECTOR - Romano Verlengia, Fax #: , Email: [email protected] Your Name: ________________________________________ Phone: ______________________FAX: _____________________ Company/Dept.: _____________________________________ Email: ________________________________________________ PERMIT #: 05-24-N-TK-0477

TYPICAL PORTABLE CHANGEABLE MESSAGE SIGN PLACEMENT

PORTABLE CHANGEABLE

MESSAGE SIGN TRAFFIC LANE

EDGE OF

TRAVELED WAY
9 TRAFFIC CHANNELIZERS
SPACED AT 25 FEET

EDGE OF

PAVEMENT

SHOULDER
PLAN VIEW (Not to Scale)
3 LINE MESSAGE
2 PANELS
FRONT VIEW (Not to scale)

TRAFFIC LANE SHOULDER

EDGE OF TRAVELED WAY
TRAVEL WAY 10’ MINIMUM

14.5’ MAXIMUM

7.0’ MINIMUM
200.0’

PUBLIC AFFAIRS - PERMITTED ACTIVITY NOTIFICATION
This Project Notification must be emailed to Public Affairs Team as early as possible (One Week Ahead is Best) prior to the start of any permitted activity. Please fill out this form as thoroughly as possible and use additional paper if needed. Include all information that the traveling public needs to know. Project photos encouraged.

TO: PUBLIC AFFAIRS
Genelle Padilla (San Luis Obispo & Santa Barbara County) [email protected] Kevin Drabinski (Monterey and Santa Cruz County) [email protected] Heidi Crawford (San Benito County) [email protected] Jillian Davis (Student Assistant) [email protected] Jim Shivers (PIO Chief) [email protected]
General Public Information Office (PIO) Email: [email protected] General PIO Phone: (805) 549-3318
E.A. or PERMIT NUMBER: 05-24-N-TK-0477
COUNTY, ROUTE & POSTMILE: 05-SLO-101-29.406
PERMITTED ACTIVITY LIMITS (location in miles, distance from nearest landmarks or cities, etc.):

PROJECT DESCRIPTION AND PURPOSE FOR PROJECT:

Requesting scope of work within US-101 for traffic control heading into the work zone as shown on the attached plans and as directed by the permit provisions within US-101 right of way at postmile 29.4 in the county of San Luis Obispo.

PERMIT INSPECTOR: Romano Verlengia PHONE: (805) 458-3353 FAX:

CONTRACTOR: FROM (CITY)
PERMIT ESTIMATE AMOUNT:

ANTICIPATED DATE TO *BEGIN CONSTRUCTION:

ALLOTED WORKING DAYS:

ANTICIPATED *COMPLETION DATE:

ANTICIPATED TRAFFIC CONTROL & HOURS OF CLOSURE:

ANTICIPATED TRAFFIC DELAYS:

ANY IMPACTS TO BICYCLE RIDERS/PEDESTRIANS:

COMMENTS: (What else does the public need to know? Diagrams, maps also helpful.) *Please let Public Affairs know of any changes in Startup or Completion dates.

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

NOTICE OF MATERIALS TO BE USED
CEM-3101 (REV 09/2015) CT#7541-3511-1

NOTICE OF MATERIALS TO BE USED

INSTRUCTIONS TO PERMITTEE/CONTRACTOR
Section 6 of the State Standard Specifications states that, "Before the preconstruction conference, submit material source information on a Notice of Materials to Be Used form".

To avoid delay in approval of materials, the Department of Transportation must receive, in a timely manner, Form CEM-3101, "Notice of Materials to Be Used." When filing this form, please comply with the following instructions:

1. The Contract Number/Permit Number and job limits should be the same as they appear on the special provisions/encroachment permit.

2. The column headed "Contract Bid Item Number" refers to the sequential item number of the contract, if applicable. 3. The column headed "Item Code" refers to the number for which the material is to be used, if applicable. It is a six-digit number.

4. The column headed "Contract Item Description" refers to an item description of the material as described in the special provisions or an item description to be used on the permitted project.

5. The columns headed "Item Component" refer to the specific description of material to be used, not necessarily the name of the contract item.

For Example:

Contract Bid
Item
Number
Item
Code
Contract Item
Description
Item
Component Item Sub-Component
1 520101 Bar Reinforcing
steel
Coupler
(service splice)
Service Splice, CJP
welded

6. The column headed "Manufacturer/Provider" refers to the manufacturer/fabricator of the item. List the name, address, and email of the Manufacturer/Fabricator. Also, list the name and address of the location where inspection will occur, if different from the Manufacturer/Fabricator.

7. Form CEM-3101, "Notice of Materials to Be Used," must be submitted to the resident engineer (RE).

The RE will email Form CEM-3101 to the materials administrator to:

[email protected] or fax to (916) 227-7084, Attn: Materials Administrator or postal mail to: Materials Engineering and Testing Services, 5900 Folsom Blvd., Sacramento, CA 95819, MS-5.

If the sources of materials are not known at the beginning of a contract, submit a Form CEM-3101, "Notice of Materials to Be Used," for a given bid item as soon as a provider is known. Multiple submissions may be necessary. Submit a Form CEM-3101, "Notice of Materials to Be Used," for all changes or revisions.

When placing orders for materials that require inspection prior to shipment, be sure to indicate on your request form that state inspection is required before shipment.

Resident Engineer: Caltrans Permit Inspector - Romano Verlengia Date:

Materials required for use under Contract Number (1) Encroachment Permit Number - 05-24-N-TK-0477 District: 05 County: SLO Route: 101 Post Mile: 29.406
will be obtained from the following sources:

Contract
Bid Item
Number
(2)
Item
Code
(3)
Contract
Item
Description
(4)
Item
Component
(5)
Manufacturer/Provider
Name and Address
(5)
Manufacturer/Provider
Email Address
(6)

It is requested that you arrange for sampling, testing and inspection of materials prior to delivery in accordance with Section 6 of the Standard Specifications. It is understood that source inspection does not relieve the prime contractor of the full responsibility for incorporating into the work, materials that comply in all respects with the contract plans and specifications, nor does it preclude the subsequent rejection of materials found to be unsuitable.

Contractor
Address
Business Phone Business Fax E-Mail Address
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

NOTICE OF MATERIALS TO BE USED
CEM-3101 (REV 09/2015)
ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. (7) Copies: Materials Administrator, Mail Station #5
Materials Engineering & Testing Services
5900 Folsom Blvd, Sacramento, CA 95819 [email protected] Fax: (916) 227-7084

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
ENCROACHMENT PERMIT APPLICANT: CONTRACTOR(S) AUTHORIZATION FORM DOT TR-0429 (NEW 12/2022)

The Permittee warrants and represents the Permittee has hired the following prime contractor(s) to perform the approved encroachment activities under Encroachment Permit # _________________ on the Permittee’s behalf as agents in accordance with Encroachment Permit General Provision #4 or Adopt-AHighway Special Provision # 3, whichever is part of the Encroachment Permit. The Permittee warrants and represents the Permittee has provided a copy of the Encroachment Permit to the prime contractor(s) listed below, and further warrants and represents that the activities related to the Encroachment Permit, whether performed by the Permittee or by the prime contractor(s) below or by any person or entity acting for or on behalf of the Permittee, will be performed in compliance with all terms, conditions, specifications, standards, provisions, and other requirements of the subject Encroachment Permit. The person signing below warrants and represents such person has authority on behalf of the Permittee to make the warranties and representations contained herein, and to agree to and so bind the Permittee to this page.

List of authorized prime contractors for the encroachment permit:

Contractor Name Scope of work (Traffic Control/civil
work etc.)
Contact Person Contact Person’s Information
(Phone # and E-mail)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Permittee Name and Title of Person
Signing for Permittee (Print)
Signature Date

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
ENCROACHMENT PERMIT APPLICANT: CONTRACTOR(S) AUTHORIZATION FORM DOT TR-0429 (NEW 12/2022)

By signing below, each prime contractor acknowledges that such prime contractor has received a copy of Encroachment Permit #_________________ and agrees such prime contractor, and such prime contractor’s employees, managers, officers, directors, agents, subcontractors, and suppliers, will comply with, and will perform all activities in accordance with, all terms, conditions, specifications, standards, provisions, and other requirements of the Encroachment Permit, including but not limited to notifying the permit inspector as required in the Encroachment Permit and reporting the lane closure notifications per the Encroachment Permit General Provisions (TR-0045). Each person signing on behalf of each prime contractor warrants and represents such person has the authority to make the acknowledgements, warranties, and representations contained herein on behalf of the named prime contractor, and has the authority to agree to and so bind the named prime contractor to this page.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Prime Contractor Name and Title of Person
Signing for Contractor (Print)
Signature Date
Name of Prime Contractor Name and Title of Person
Signing for Contractor (Print)
Signature Date
Name of Prime Contractor Name and Title of Person
Signing for Contractor (Print)
Signature Date
Name of Prime Contractor Name and Title of Person
Signing for Contractor (Print)
Signature Date

At the completion of the permitted work, please complete the form below and submit an electronic copy of this page sent by email to [email protected].

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION

NOTICE OF COMPLETION
TR-0128 (REV. 6/2001) CT #7541-5529-1
PERMIT # 05-24-N-TK-0477
Permit Inspector: Romano Verlengia
Dear Sir or Madam:

All work authorized by the above numbered permit was completed on:

DATE:

SIGNATURE OF PERMITTEE:

City of San Luis Obispo
FM 92 1546 M
ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT GENERAL PROVISIONS

© 2018 California Department of Transportation. All rights reserved.

ENCROACHMENT PERMIT GENERAL PROVISIONS
TR-0045 (REV. 12/2022)

1. AUTHORITY: The California Department of
Transportation (“Department”) has authority to issue
encroachment permits under Division 1, Chapter 3,
Article 1, Sections 660 through 734 of the Streets and
Highways Code.

2. REVOCATION: Encroachment permits are revocable on
five (5) business days’ notice unless otherwise stated on the permit or otherwise provided by law, and except as
provided by law for public corporations, franchise holders, and utilities. Notwithstanding the foregoing, in an
emergency situation as determined by the Department,
an encroachment permit may be revoked immediately.

These General Provisions and any applicable Special
Provisions are subject to modification or abrogation by the Department at any time. Permittees’ joint use
agreements, franchise rights, reserved rights or any other agreements for operating purposes in State of California (“State”) highway right-of-way may be exceptions to this revocation.

3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay
encroachment permit fees when due may result in
rejection of future applications, denial of encroachment permits, and revocation of the encroachment permit if
already issued.

4. PERMITTEE AUTHORIZATION FOR OTHERS TO
PERFORM WORK: This encroachment permit allows
only the Permittee and/or Permittee’s authorized
contractor or agent to work within or encroach upon the State highway right-of-way, and the Permittee may not
assign or transfer this encroachment permit. Any attempt to assign or transfer this encroachment permit shall be null and void. Permittee shall provide to the Department a list of Permittee’s authorized contractors/agents, in the form and at the time specified by the Department but if no time is specified then no later than the pre-construction meeting. Permittee shall keep the list current and shall provide updates to the Department immediately upon any
change to the list of authorized contractors/agents,
including but not limited the addition, removal, or
substitution of an authorized contractor/agent, or a new address or contact information for an existing authorized contractor/agent. Permittee is responsible for the acts and/or omissions of any person or entity acting on behalf of the Permittee, even if such person or entity is not
included on Permittee’s list of authorized contractors
and/or agents.

5. ACCEPTANCE OF PROVISIONS: Permittee, and the
Permittee’s authorized contractors and/or agents,
understand and agree to accept and comply with these
General Provisions, the Special Provisions, any and all terms and/or conditions contained in or incorporated into the encroachment permit, and all attachments to the
encroachment permit (collectively “the Permit
Conditions”), for any encroachment, work, and/or activity to be performed under this encroachment permit and/or
under color of authority of this encroachment permit.

Permittee understands and agrees the Permit Conditions
are applicable to and enforceable against Permittee as
long as the encroachment remains in, under, or over any part of the State highway right-of-way. The Permittee’s authorized contractors and/or agents, are also bound by the Permit Conditions. Non-compliance with the Permit
Conditions by the Permittee’s authorized contractor
and/or agent will be deemed non-compliance by the
Permittee.

6. BEGINNING OF WORK: When traffic is not impacted
(see General Provision Number 35), the Permittee must
notify the Department’s representative two (2) business days before starting permitted work. Permittee must notify the Department’s representative if the work is to be
interrupted for a period of five (5) business days or more, unless otherwise agreed upon. All work must be
performed on weekdays during regular work hours,
excluding holidays, unless otherwise specified in this
encroachment permit.

7. STANDARDS OF CONSTRUCTION: All work performed
within State highway right-of-way must conform to all
applicable Departmental construction standards including but not limited to: Standard Specifications, Standard
Plans, Project Development Procedures Manual,
Highway Design Manual and Special Provisions.

Other than as expressly provided by these General
Provisions, the Special Provisions, the Standard
Specifications, Standard Plans, and other applicable
Departmental standards, nothing in these General
Provisions is intended to give any third party any legal or equitable right, remedy, or claim with respect to the
encroachment permit and/or to these General Provisions
or any provision herein. These General Provisions are for the sole and exclusive benefit of the Permittee and the Department.

Where reference is made in such standards to
“Contractor” and “Engineer,” these are amended to be
read as “Permittee” and “Department’s representative,”
respectively, for purposes of this encroachment permit.

8. PLAN CHANGES: Deviations from plans, specifications, and/or the Permit Conditions as defined in General
Provision Number 5 are not allowed without prior approval from the Department’s representative and the Federal
Highway Administration (“FHWA”) representative if
applicable.

9. RIGHT OF ENTRY, INSPECTION AND APPROVAL: All
work is subject to monitoring and inspection. The United States, the State, the Department, and the Directors,
officers, employees, agents, and/or contractors of the
State and/or of the Department, and other state, and
federal agencies, and the FHWA, through their agents or representatives, must have full access to highway

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT GENERAL PROVISIONS

© 2018 California Department of Transportation. All rights reserved. facilities/encroachment area, at any and all times for the purpose of inspection, maintenance, activities needed for construction/reconstruction, and operation of the State highway right-of-way.

Upon completion of work, Permittee must request a
final inspection for acceptance and approval by the
Department. The local public agency Permittee must not
give final construction approval to its contractor until final acceptance and approval by the Department is obtained.

10. PERMIT AT WORKSITE: Permittee and Permittee’s
authorized contractors/agents must keep the permit
package and current list of authorized contractors/agents, or copies thereof, at the work site at all times and must show such documents upon request to any Department
representative or law enforcement officer. If the permit package or current list of authorized contractors/agents, or copies thereof, are not kept and made available at the work site at all times, then all work must be suspended.

11. CONFLICTING ENCROACHMENTS: Permittee must
yield start of work to ongoing, prior authorized work
adjacent to or within the limits of the Permittee’s project site. When existing encroachments conflict with
Permittee’s work, the Permittee must bear all cost for
rearrangements (e.g., relocation, alteration, removal,
etc.).

12. PERMITS, APPROVALS, AND CONCURRENCES
FROM OTHER AGENCIES AND/OR ENTITIES: This
encroachment permit is invalidated if the Permittee has not obtained all permits, approvals, and concurrences
necessary and required by law, including but not limited to those from the California Public Utilities Commission (“CPUC”), California Occupational Safety and Health
Administration (“Cal-OSHA”), local and state and federal environmental agencies, the California Coastal
Commission, and any other public agency and/or entity
having jurisdiction. Permittee is responsible for providing notice of the encroachment to, and obtaining concurrence from, any person or entity (whether public or private)
affected by the scope of work described in the
encroachment permit, regardless of whether such notice
or concurrence is required by law; the Department is not responsible to provide such notice or obtain such
concurrence. Permittee warrants all such permits,
approvals, and concurrences have been obtained before
beginning work under this encroachment permit. The
Department may, at the Department’s discretion, require the Permittee to demonstrate that Permittee has obtained all such permits, approvals, and concurrences, and
Permittee shall demonstrate this at the time and in the manner specified by the Department.

13. PEDESTRIAN AND BICYCLIST SAFETY: A safe
continuous passageway must be maintained through the
work area at existing pedestrian or bicycle facilities. At no time must pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate
signs and barricades must be installed at the limits of construction and in advance of the limits of construction at the nearest crosswalk or intersection to detour
pedestrians to facilities across the street. Attention is directed to Section 7-1.04 “Public Safety,” and to Section 12-4.04 “Temporary Pedestrian Access Routes,” and to
Section 16-2.02 “Temporary Pedestrian Facility,” of the Department’s Standard Specifications, and to California Vehicle Code section 21760, subdivision (c).

14. PUBLIC TRAFFIC CONTROL: The Permittee must
provide traffic control protection, warning signs, lights, safety devices, etc., and take all other measures
necessary for the traveling public’s safety as required by law and/or the Department. While providing traffic control, the needs of all road users, including but not limited to motorists, bicyclists and pedestrians, including persons with disabilities in accordance with the Americans with Disabilities Act, must be an essential part of the work activity.

Lane, Bike Lane, Sidewalk, Crosswalk, and/or
shoulder closures must comply with the Department’s
Standard Specifications and Standard Plans for
Temporary Traffic Control Systems & Temporary
Pedestrian Access Routes, and with the applicable
Special Provisions. Where issues are not addressed in
the Standard Specifications, Standard Plans, and/or
Special Provisions, the California Manual on Uniform
Traffic Control Devices (Part 6, Temporary Traffic Control) must be followed.

15. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee
must plan and conduct work so as to create the least
possible inconvenience to the traveling public (motorized vehicles, unmotorized vehicles such as bicycles,
pedestrians, person(s) with disabilities, etc.), such that traffic is not unreasonably delayed.

16. STORAGE OF EQUIPMENT AND MATERIALS: The
storage of equipment or materials is not allowed within State highway right-of-way, unless specified within the Special Provisions of this encroachment permit. If
encroachment permit Special Provisions allow for the
storage of equipment or materials within the State
highway right-of-way, the equipment and material storage must also comply with Section 7-1.04, Public Safety, of the Department’s Standard Specifications.

17. CARE OF DRAINAGE: Permittee must provide alternate
drainage for any work interfering with an existing drainage facility in compliance with the Department’s Standard
Specifications, Standard Plans, and/or as directed by the Department’s representative.

18. RESTORATION AND REPAIRS IN STATE HIGHWAY
RIGHT-OF-WAY: Permittee is responsible for restoration
and repair of State highway right-of-way resulting from permitted work (Streets and Highways Code, section 670
et seq.).

19. STATE HIGHWAY RIGHT-OF-WAY CLEAN UP: Upon
completion of work, Permittee must remove and dispose
of all scraps, refuse, brush, timber, materials, etc. off the State highway right-of-way. The aesthetics of the highway must be as it was before work started or better.

20. COST OF WORK: Unless stated otherwise in the
encroachment permit or a separate written agreement
with the Department, the Permittee must bear all costs

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT GENERAL PROVISIONS

© 2018 California Department of Transportation. All rights reserved. incurred for work within the State highway right-of-way and waives all claims for indemnification or contribution from the United States, the State, the Department, and
from the Directors, officers, and employees of the State and/or the Department. Removal of Permittee’s personal
property and improvements shall be at no cost to the
United States, the State, and the Department.

21. ACTUAL COST BILLING: When specified in the permit,
the Department will bill the Permittee actual costs at the currently set Standard Hourly Rate for encroachment
permits.

22. AS-BUILT PLANS: When required, Permittee must
submit one (1) set of folded as-built plans within thirty (30) calendar days after completion and acceptance of work in compliance with requirements listed as follows:
a) Upon completion of the work provided herein, the
Permittee must submit a paper set of As-Built plans
to the Department’s representative.
b) All changes in the work will be shown on the plans, as issued with the permit, including changes approved
by Encroachment Permit Rider.
c) The plans are to be prominently stamped or otherwise noted “AS-BUILT” by the Permittee’s representative
who was responsible for overseeing the work. Any
original plan that was approved with a Department
stamp, or by signature of the Department’s
representative, must be used for producing the AsBuilt plans. d) If construction plans include signing or striping, the dates of signing or striping removal, relocation, or
installation must be shown on the As-Built plans when
required as a condition of the encroachment permit.

When the construction plans show signing and
striping for staged construction on separate sheets,
the sheet for each stage must show the removal,
relocation, and installation dates of the appropriate
staged striping and signing.
e) As-Built plans must contain the Encroachment Permit
Number, County, Route, and Post Mile on each
sheet.
f) The As-Built Plans must not include a disclaimer
statement of any kind that differs from the obligations and protections provided by sections 6735 through
6735.6 of the California Business and Professions
Code. Such statements constitute non-compliance
with Encroachment Permit requirements and may
result in the Department retaining Performance
Bonds or deposits until proper plans are submitted.

Failure to comply may also result in denial of future
encroachment permits or a provision requiring a
public agency to supply additional bonding.

23. PERMITS FOR RECORD PURPOSES ONLY: When
work in the State highway right-of-way is within an area under a Joint Use Agreement (JUA) or a Consent to
Common Use Agreement (CCUA), a fee exempt
encroachment permit is issued to the Permittee for the
purpose of providing a notice and record of work. The
Permittee’s prior rights must be preserved without the
intention of creating new or different rights or obligations. “Notice and Record Purposes Only” must be stamped
across the face of the encroachment permit.

24. BONDING: The Permittee must file bond(s), in advance, in the amount(s) set by the Department and using forms
acceptable to the Department. The bonds must name the
Department as obligee. Failure to maintain bond(s) in full force and effect will result in the Department stopping all work under this encroachment permit and possibly
revoking other encroachment permit(s). Bonds are not
required of public corporations or privately-owned utilities unless Permittee failed to comply with the provisions
and/or conditions of a prior encroachment permit. The
surety company is responsible for any latent defects as provided in California Code of Civil Procedure section
337.15. A local public agency Permittee also must comply with the following requirements:
a) In recognition that project construction work done on State property will not be directly funded and paid by
State, for the purpose of protecting stop notice
claimants and the interests of State relative to
successful project completion, the local public agency
Permittee agrees to require the construction
contractor to furnish both a payment and performance
bond in the local public agency’s name with both
bonds complying with the requirements set forth in
Section 3-1.05 Contract Bonds of the Department’s
Standard Specifications before performing any
project construction work.
b) The local public agency Permittee must defend,
indemnify, and hold harmless the United States, the
State and the Department, and the Directors, officers,
and employees of the State and/or Department, from
all project construction related claims by contractors, subcontractors, and suppliers, and from all stop
notice and/or mechanic’s lien claimants. The local
public agency also agrees to remedy, in a timely
manner and to the Department’s satisfaction, any
latent defects occurring as a result of the project
construction work.

25. FUTURE MOVING OF INSTALLATIONS: Permittee
understands and agrees to relocate a permitted
installation upon notice by the Department. Unless under prior property right or agreement, the Permittee must
comply with said notice at the Permittee’s sole expense.

26. ENVIRONMENTAL:
a) ARCHAEOLOGICAL/HISTORICAL: If any
archaeological or historical resources are identified or encountered in the work vicinity, the Permittee must
immediately stop work, notify the Department’s
representative, retain a qualified archaeologist who
must evaluate the site at Permittee’s sole expense,
and make recommendations to the Department’s
representative regarding the continuance of work.
b) HAZARDOUS MATERIALS: If any hazardous waste
or materials (such as underground storage tanks,
asbestos pipes, contaminated soil, etc.) are identified or encountered in the work vicinity, the Permittee
must immediately stop work, notify the Department’s
representative, retain a qualified hazardous

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT GENERAL PROVISIONS

© 2018 California Department of Transportation. All rights reserved. waste/material specialist who must evaluate the site
at the Permittee’s sole expense, and make
recommendations to the Department’s representative
regarding the continuance of work.

Attention is directed to potential aerially deposited
lead (ADL) presence in unpaved areas along
highways. It is the Permittee’s responsibility to take all appropriate measures to protect workers in
conformance with California Code of Regulations
Title 8, Section 1532.1, “Lead,” and with Cal-OSHA
Construction Safety Orders, and to ensure roadway
soil management is in compliance with Department of
Toxic Substances Control (DTSC) requirements.
c) BIOLOGICAL: If any regional, state, or federally listed biological resource is identified or encountered in the work vicinity, the Permittee must immediately stop
work, notify the Department’s representative, retain a
qualified biologist who must evaluate the site at
Permittee’s sole expense, and make
recommendations to the Department’s representative
regarding the continuance of work.

27. PREVAILING WAGES: Work performed by or under an
encroachment permit may require Permittee’s contractors and subcontractors to pay appropriate prevailing wages
as set by the California Department of Industrial
Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements must be
directed to the California Department of Industrial
Relations.

28. LIABILITY, DEFENSE, AND INDEMNITY: The Permittee
agrees to indemnify and save harmless the United States, the State, the Department, and the Directors, officers, employees, agents and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages, costs, liability, suits, or actions of every name, kind, and description, including but not limited to those brought for or on account of property damage, invasion of privacy, violation or deprivation of a right under a state or federal law, environmental damage or penalty, or injury to or death of any person including but not limited to members of the public, the Permittee, persons employed by the Permittee, and/or persons
acting on behalf of the Permittee, arising out of or in connection with: (a) the issuance and/or use of this
encroachment permit; and/or (b) the encroachment, work, and/or activity conducted pursuant to this encroachment permit, or under color of authority of this encroachment permit but not in full compliance with the Permit
Conditions as defined in General Provision Number 5
(“Unauthorized Work or Activity”); and/or (c) the
installation, placement, design, existence, operation,
and/or maintenance of the encroachment, work, and/or
activity; and/or (d) the failure by the Permittee, or by anyone acting for or on behalf of the Permittee, to perform the Permittee’s obligations under any part of the Permit Conditions as defined in General Provision Number 5, in respect to maintenance or any other obligation; and/or (e) any change to the Department’s property or adjacent
property, including but not limited to the features or
conditions of either of them, made by the Permittee or
anyone acting on behalf of the Permittee; and/or (f) a
defect or obstruction related to or caused by the
encroachment, work, and/or activity whether conducted in compliance with the Permit Conditions as defined in
General Provision Number 5 or constituting Unauthorized Work or Activity, or from any cause whatsoever. The duty of the Permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code.

It is the intent of the Department and the Permittee
that except as prohibited by law, the Permittee will defend, indemnify, and hold harmless as set forth in this General Provision Number 28 regardless of the existence or
degree of fault or negligence, whether active or passive, primary or secondary, on the part of: the United States, the State; the Department; the Directors, officers,
employees, agents and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors; the Permittee; persons employed by the Permittee; and/or persons
acting on behalf of the Permittee.

The Permittee waives any and all rights to any type of
expressed or implied indemnity from or against the United States, the State, the Department, and the Directors,
officers, employees, agents, and/or contractors of the
State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors.

The Permittee understands and agrees to comply
with the obligations of Titles II and III of the Americans with Disabilities Act in the conduct of the encroachment, work, and/or activity whether conducted pursuant to this encroachment permit or constituting Unauthorized Work
or Activity, and further agrees to defend, indemnify, and save harmless the United States, the State, the
Department, and the Directors, officers, employees,
agents, and/or contractors of the State and/or of the
Department, including but not limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages, costs, penalties, liability,
suits, or actions of every name, kind, and description
arising out of or by virtue of the Americans with Disabilities Act.

The Permittee understands and agrees the Directors,
officers, employees, agents, and/or contractors of the
State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, are not personally responsible for any liability arising from or by virtue of this encroachment permit.

For the purpose of this General Provision Number 28
and all paragraphs herein, “contractors of the State and/or of the Department” includes contractors, and their
subcontractors, under contract to the State and/or the
Department.

This General Provision Number 28 and all
paragraphs herein take effect immediately upon issuance of this encroachment permit, and apply before, during,
and after the encroachment, work, and/or activity

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT GENERAL PROVISIONS

© 2018 California Department of Transportation. All rights reserved. contemplated under this encroachment permit, whether
such work is in compliance with the Permit Conditions as defined in General Provision Number 5 or constitutes
Unauthorized Work or Activity, except as otherwise
provided by California law. The Permittee’s obligations to defend, indemnify, and save harmless under this General Provision Number 28 take effect immediately upon
issuance of this encroachment permit and have no
expiration date, including but not limited to situations in which this encroachment permit expires or is revoked, the work or activity performed under this encroachment
permit is accepted or not accepted by the Department, the encroachment, work, and/or activity is conducted in
compliance with the Permit Conditions as defined in
General Provision Number 5 or constitutes Unauthorized
Work or Activity, and/or no work or activity is undertaken by the Permittee or by others on the Permittee’s behalf.

If the United States or an agency, department, or
board of the United States is the Permittee, the first two paragraphs of this General Provision Number 28
(beginning “The Permittee agrees to indemnify…” and “It is the intent of the parties…”) are replaced by the following paragraph:

Claims for personal injury, death, or property damage
allegedly caused by the negligent or wrongful act or
omission of any employee of the United States acting
within the scope of their official duties are subject to the Federal Tort Claims Act, as amended, 28 U.S.C. § 1346
and § 2671 et seq. (Chapter 171).

29. NO PRECEDENT ESTABLISHED: This encroachment
permit is issued with the understanding that it does not establish a precedent.

30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR
PUBLIC ACCOMMODATION:
a) As part of the consideration for being issued this
encroachment permit, the Permittee, on behalf of
Permittee and on behalf of Permittee’s personal
representatives, successors in interest, and assigns,
does hereby covenant and agree that:
i) No person on the grounds of race, color, or
national origin may be excluded from participation
in, be denied the benefits of, or be otherwise
subjected to discrimination in the use of said
facilities.
ii) That in connection with the construction of any
improvements on said lands and the furnishings
of services thereon, no discrimination must be
practiced in the selection and retention of first-tier
subcontractors in the selection of second-tier
subcontractors.
iii) That such discrimination must not be practiced
against the public in their access to and use of the
facilities and services provided for public
accommodations (such as eating, sleeping, rest,
recreation), and operation on, over, or under the
space of the State highway right-of-way.
iv) That the Permittee must use the premises in
compliance with all other requirements imposed
pursuant to Title 15, Code of Federal
Regulations, Commerce and Foreign Trade,
Subtitle A. Office of the Secretary of Commerce,
Part 8 (15 C.F.R. Part 8) and as said Regulations
may be amended.
b) That in the event of breach of any of the above
nondiscrimination covenants, the State and the
Department have the right to terminate this
encroachment permit and to re-enter and repossess
said land and the facilities thereon and hold the same
as if said permit had never been made or issued.

31. MAINTENANCE: The Permittee is responsible at
Permittee’s sole expense for the encroachment, and the
inspection, maintenance, repair, and condition thereof, and is responsible to ensure the encroachment does not
negatively impact State highway safety, maintenance,
operations, construction, State facilities, activities related to construction/reconstruction, or other encroachments.

The Permittee’s obligations in the preceding sentence
take effect immediately upon issuance of this
encroachment permit and continue until the
encroachment is entirely and permanently removed.

Additional encroachment permits or approval documents
may be required authorizing work related to inspection, repair, and/or maintenance activities. Contact the
Department for information.

32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets and Highways Code section 682.5 and 682.7, the
Department is not responsible for the conduct or
operation of the permitted activity, and the applicant
agrees to defend, indemnify, and hold harmless the
United States, the State, the Department, and the
Directors, officers, employees, agents, and contractors of the State and/or of the Department, including but not
limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages,
costs, liability, suits, or actions of every name, kind and description arising out of any activity for which this
encroachment permit is issued.

The Permittee is required, as a condition of this
encroachment permit, for any event that awards prize
compensation to competitors in gendered categories, for any participant level that receives prize compensation, to ensure the prize compensation for each gendered
category is identical at each participant level. (Streets and Highways Code, section 682.7.)
The Permittee understands and agrees to comply
with the obligations of Titles II and III of the Americans with Disabilities Act in the conduct of the event, and
further agrees to defend, indemnify, and save harmless
the United State, the State and the Department, and the Directors, officers, and employees of the State and/or
Department, including but not limited to the Director of the Department and the Deputy Directors, from any and all
claims, demands, damages, costs, liability, suits, or
actions of every name, kind and description arising out of or by virtue of the Americans with Disabilities Act.

33. PRIVATE USE OF STATE HIGHWAY RIGHT-OF-WAY:

State highway right-of-way must not be used for private purposes without compensation to the State. The gifting

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT GENERAL PROVISIONS

© 2018 California Department of Transportation. All rights reserved. of public property uses and therefore public funds is
prohibited under the California Constitution, Article XVI, Section 6.

34. FIELD WORK REIMBURSEMENT: Permittee must
reimburse the Department for field work performed by or on behalf of the Department to correct or remedy issues created by the Permittee or by others acting on behalf of the Permittee, including but not limited to hazards or
damaged facilities, or to clear refuse, debris, etc. not attended to by the Permittee or by others acting on behalf of the Permittee.

35. LANE CLOSURE REQUEST SUBMITTALS AND

NOTIFICATION OF CLOSURES TO THE
DEPARTMENT: Lane closure request submittals and
notifications must be in accordance with Section 12-4.02, and Section 12.4-04, of the Department’s Standard
Specifications or as directed by the Department’s
representative. The Permittee must notify the
Department’s representative and the Traffic Management
Center (“TMC”) before initiating a lane closure or
conducting an activity that may cause a traffic impact. In emergency situations when the corrective work or the
emergency itself may affect traffic, the Department’s
representative and the TMC must be notified as soon as
possible.

36. SUSPENSION OF TRAFFIC CONTROL OPERATION:

The Permittee, upon notification by the Department’s
representative, must immediately suspend all traffic lane, bike lane, sidewalk, crosswalk, and/or shoulder closure operations and any operation that impedes the flow of
traffic. All costs associated with this suspension must be borne by the Permittee.

37. UNDERGROUND SERVICE ALERT (USA)
NOTIFICATION: Any excavation requires compliance
with the provisions of Government Code section 4216 et
seq., including but not limited to notice to a regional notification center, such as Underground Service Alert
(USA). The Permittee must provide notification to the
Department representative at least five (5) business days before, and the regional notification center at least fortyeight (48) hours before, performing any excavation work within the State highway right-of-way.

38. COMPLIANCE WITH THE AMERICANS WITH
DISABILITIES ACT (ADA): All work within the State
highway right-of-way to construct and/or maintain any
public facility must be designed, maintained, and
constructed strictly in accordance with all applicable
Federal Access laws and regulations (including but not
limited to Section 504 of the Rehabilitation Act of 1973, codified at 29 U.S.C. § 794), California Access laws and regulations relating to ADA, along with its implementing regulations, Title 28 of the Code of Federal Regulations Parts 35 and 36 (28 C.F.R., Ch. I, Part 35, § 35.101 et seq., and Part 36, § 36.101 et seq.), Title 36 of the Code of Federal Regulations Part 1191 (36 C.F.R., Ch. XI, Part 1191, § 1119.1 et seq.), Title 49 of the Code of Federal Regulations Part 37 (49 C.F.R., Ch. A, Part 37, § 37.1 et seq.), the United States Department of Justice Title II and Title III for the ADA, and California Government Code
section 4450 et seq., which require public facilities be made accessible to persons with disabilities.

Notwithstanding the requirements of the previous
paragraph, all construction, design, and maintenance of public facilities must also comply with the Department’s Design Information Bulletin 82, “Pedestrian Accessibility Guidelines for Highway Projects” and Standard Plans &
Specifications on “Temporary Pedestrian Access
Routes.”

39. STORMWATER: The Permittee is responsible for full
compliance with the following:
a) For all projects, the Department’s Storm Water
Program and the Department’s National Pollutant
Discharge Elimination System (NPDES) Permit
requirements under Order No. 2012-0011-DWQ,
NPDES No CAS000003; and
b) In addition, for projects disturbing one acre or more of soil, with the California Construction General
Permit Order No. 2009-0009-DWQ, NPDES No
CAS000002; and
c) In addition, for projects disturbing one acre or more of soil in the Lahontan Region with Order No. R6T-2016-
0010, NPDES No CAG616002.
d) For all projects, it is the Permittee’s responsibility to install, inspect, repair, and maintain all facilities and devices used for water pollution control practices
(Best Management Practices/BMPs) before
performing daily work activities.

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

HAZARDOUS MATERIALS AND HAZARDOUS WASTE MANAGEMENT SPECIAL PROVISIONS TR-0408 (New 09/2017)
By acceptance of this encroachment permit, Permittee hereby agrees that:

1. All construction debris/materials/water/excess soil must become the property of the Permittee, and must be transported and disposed of, outside of Caltrans’ right-of-way, in accordance with all applicable environmental laws and regulations. The Permittee must be identified as the generator for all construction debris/materials/water/excess soil and must be responsible for proper identification (including sampling and analysis) and management of all construction and contaminated debris/materials/water/excess soil that are removed, and/or excavated, from the work site. If hazardous waste is generated, the Permittee must obtain an Environmental Protection Agency (EPA) Identification Number issued in their name. State Permit Inspector does not sign any manifests or shipping papers. The Permittee must be named as the generator on all Uniform Hazardous Waste Manifests and shipping papers. Caltrans must not be identified or written anywhere on the manifests or shipping papers. Prior to waste disposal, the Permittee should submit the waste generator form(s) to State Permit Inspector for verification. The Permittee must submit to the State Permit Inspector, a copy of all manifests and/or shipping papers generated for materials removed, transported and/or excavated from the state right-of-way.

2. If contaminated material is encountered, Permittee is to stop work and contact the State Permit Inspector immediately. The Permittee must submit a Sampling and Analysis Plan (SAP), and a Health and Safety Plan (HaSP) prepared by a Certified Industrial Hygienist (CIH) and in conformance with California Code of Regulations title 8, section 5192, “Hazardous Waste Operations and Emergency Response” for sampling activity through a separate permit application. Upon the permit review, additional environmental documents may be required prior to resumption of construction activity.

3. Permittee is responsible for any violation, penalty, enforcement action, corrective action, remedial action, and any other type of consequences resulting from cross contamination of groundwater (including perched groundwater), improper handling/managing of hazardous materials and/or placement of contaminated materials inside Caltrans right-of-way.

4. It is the Permittee’s responsibility to comply with the Department of Toxic Substances Control (DTSC) ADL requirements for roadway soil management. Reuse of soils containing greater than 80 mg/kg total lead is not allowed without written approval of the DTSC and Caltrans. The Soil Management Agreement for Aerially Deposited Lead-Contaminated Soils between Caltrans and the DTSC does not constitute written approval for the Permittee to reuse soils containing greater than 80 mg/kg total lead.

5. The Permittee must implement the emergency notification requirements established in the California Office of Emergency Management Hazardous Materials, Spill / Release Notification Guidance (http://www.caloes.ca.gov/).

6. Any imported material used for backfill must be free of contamination, and a certificate of the material as “clean” with the source area of the material must be provided to Permit Inspector upon request. Importing soils containing greater than 80 mg/kg total lead for use in state right-of-way is not allowed.

7. Stockpiles of material containing aerially deposited lead shall not be placed where affected by surface run-on or run-off. Stockpiles shall be covered with plastic sheeting 13 mils minimum thickness or with one foot of nonhazardous material. Stockpiles shall not be placed in environmentally sensitive areas. Stockpiled material shall not enter storm drains, inlets, or waters of the State.

STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

ENCROACHMENT PERMIT SPECIAL PROVISIONS
© 2018 California Department of Transportation. All Rights Reserved.

PEDESTRIAN SAFETY (MCP)
In addition to the attached Encroachment Permit General Provisions (TR-0045), the following special provisions are also applicable:

1. When the work area encroaches upon a sidewalk, walkway, or crosswalk area, special consideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped, is safe and well defined and shown on the approved permit plan.

2. Pedestrian walkways and canopies within State Right of Way shall comply with the requirements of the applicable local agency or of the latest edition of the Uniform Building Code whichever contains the higher standards.

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page 1 of 3

ENCROACHMENT PERMIT SPECIAL PROVISIONS

STORMWATER SPECIAL PROVISIONS FOR MINIMAL OR NO

IMPACT (SWSP)
TR-0400 (Rev 05/2018)

1. GENERAL: The purpose of these Special Provisions
is to provide the Permittee with specifications for
water pollution control to minimize, prevent, or
control the discharge of material into the air, surface waters, groundwater, and storm sewers owned by the
State or local agencies. These provisions are not
intended to take the place of the Caltrans Water
Pollution Control Program (WPCP) for projects where
soil disturbance from work activities less than one
acre, or work activities of one acre or more subject to the preparation of the Caltrans Storm Water Pollution
Prevention Plan (SWPPP). The Permittee must
comply with the following Special Provisions and the
direction of the State Representative. All Stormwater
Best Management Practices (BMPs) must conform to
Section 13 Water Pollution Control of Caltrans’
Standard Specifications.

2. NPDES REQUIREMENTS: The Permittee must be
responsible for full compliance with the Caltrans
Storm Water Program and the Caltrans National
Pollutant Discharge Elimination System (NPDES)
Permit requirements (Order No. 2012-0011-DWQ,
NPDES No CAS000003) and for and projects
disturbing one acre or more of soil, full compliance
with the California Construction General Permit
(Order No. 2009-0009-DWQ, NPDES No
CAS000002) or for projects for projects that have one
acre or more of soil disturbance in the Lahontan
Region (Order No. R6T-2016-0010, NPDES No
CAG616002). It is the Permittee’s responsibility to
install, inspect, and repair or maintain facilities and devices used for water pollution control practices
(BMPs) before performing daily work activities.

Installation, inspection and maintenance
responsibilities on the job site include: 1) soil
stabilization materials in work areas that are inactive or prior to storm events, 2) water pollution control
devices to control sediment and erosion, 3)
implementation of spill and leak prevention
procedures for chemical and hazardous substances
stored on the job site, 4) material storage, 5) stockpile management, 6) waste management, 7) nonstormwater management, 8) water conservation, 9) tracking controls and 10 ) illicit connection, illegal
discharge detection and reporting. The Permittee
must report to the State representative when
discharges enter into receiving waters, adjacent
property, drainage systems or when discharges could
be a cause or a threat for water pollution. The
Permittee must also control illicit discharges or illegal dumping prior to start of daily work schedule.

Copies of written notices or orders from the Regional
Water Quality Control Board or other regulatory
agency must be provided to the State representative
within 48 hours of reported activity. F or additional
information on stormwater compliance, visit the State
Water Resources Control Boards storm water
Website at:
http://www.waterboards.ca.gov/water_issues/progra
ms/stormwater

3. RESPONSIBILITY FOR DEBRIS REMOVAL: The
Permittee must be responsible for preventing
sediment, trash, debris, and other construction waste
from entering the street, the storm drains, local
creeks, or any other bodies of water.

4. SPOILS AND RESIDUE: The Permittee must
vacuum any saw-cut concrete waste material, debris,
residue, etc. No spoils, debris, residue, etc. must be
washed into a drainage system.

5. SWEEPING: Sweep paved roads at construction
entrance and exit locations and surrounding paved
areas daily within the job site during: 1) clearing and grubbing, 2) earthwork, 3) trenching, 4) soil
disturbance, 5) pavement grinding and/or cutting, and
6) after observing tracking of material onto or off the State property. Keep dust to a minimum during
sweeping activities. Use vacuum whenever dust
generation is excessive or sediment pickup is
ineffective.

Roadways or work areas must not be washed down
with water. Street sweeping operations must conform
to Section 13 Water Pollution Control of Caltrans’
Standard Specifications.

6. VEHICLES AND EQUIPMENT: Permittee must
prevent all vehicles, equipment, etc. from leakage or
mud tracking onto roadways. If leaks cannot be
repaired immediately, remove the vehicle or
equipment from the job site.

7. MAINTENANCE AND FUELING OF VEHICLES
AND EQUIPMENT: Maintenance and fueling of
equipment must not result in any pollution at the job
site. The Permittee must immediately clean up
spills/leaks, and properly dispose of contaminated soil and materials.

8. CLEANING VEHICLES AND EQUIPMENT: Limit
vehicle and equipment cleaning or washing at the job
site except what is necessary to control vehicle
tracking or hazardous waste. The Permittee must
clean all equipment within a bermed area or over a drip pan large enough to prevent run-off. No soaps,
solvents, degreasers, etc. must be used in State rightof-way. Any water from this operation must be collected and disposed of at an appropriate site.

Containment berms or dikes must be used for fueling,
washing, maintaining and washing vehicles or
equipment in outside areas. Containment must be
performed at least 100 feet from concentrated flows of

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page 2 of 3

ENCROACHMENT PERMIT SPECIAL PROVISIONS
storm water, drainage courses, and storm drain inlets
if within a flood plain, otherwise at least 50 feet if
outside the floodplain. Keep adequate quantities of
absorbent spill- cleanup material and spill kits in the fueling or maintenance area and on fueling trucks.

9. DIESEL FUELS: The use of diesel fuel from
petroleum or other fossil fuel as a form-oil or solvent is not allowed.

10. WEATHER CONDITIONS AT WORKSITE: Any
activity that would generate fine particles or dust that could be transported off site by stormwater must be
performed during dry weather.

11. WIND EROSION PROTECTION: The use of Wind
Erosion BMPs must be deployed year-round in
instances where dust or fine particles could be
transported off site.

12. HOT MIX ASPHALT: Runoff from washing hot mix
asphalt must not enter into any drainage
conveyances.

13. PROTECTION OF DRAINAGE FACILITIES: The
Permittee must protect/cover gutters, ditches,
drainage courses, and inlets with gravel bags, fiber
rolls, State approved fabric filters, etc., to the
satisfaction of the State representative during grading, paving, saw-cutting, etc. and materials must conform
to Section 13-6.02 Materials for Water Pollution
Control of Caltrans’ Standard Specifications. No such
protection measures must cause an obstruction to the
traveling public. The Permittee must implement spill
and leak prevention procedures for chemicals and
hazardous substances stored on the job site (including
secondary containment requirements) in accordance
with section 13-4.03B Spill Prevention and Control,
and 14-11 Hazardous Waste and Contamination,
Water Pollution Control of Caltrans’ Standard
Specifications.

14. PAINT: Rinsing of painting equipment and materials
is not permitted in State right-of-way. When thoroughly dry, dispose of the following as solid waste: dry latex paint, paint cans, used brushes, rags, gloves,
absorbent materials, and drop cloths. Oil based paint
sludge and unusable thinner must be disposed of at an
approved hazardous waste site.

15. CONSTRUCTION MATERIALS: Stockpile of all
construction materials, including, but not limited to;
pressure treated wood, asphalt concrete, cold mix
asphalt concrete, concrete, grout, cement containing
premixes, and mortar, must conform to section
13-4.03C (2) Material Storage & 13-4.03C (3)
Stockpile Management of Caltrans’ Standard
Specifications.

16. CONCRETE EQUIPMENT: Concrete equipment
must be washed in a designated washing area in a way
that does not contaminate soil, receiving waters, or
storm drain systems.

17. EXISTING VEGETATION: Established existing
vegetation is the best form of erosion control. Minimize disturbance to existing vegetation. Damaged or
removed vegetation must be replaced as directed by
the State Representative.

18. SOIL DISTURBANCE: Soil disturbing activities must
be avoided during the wet weather season. I f
construction activities during wet weather are allowed
in your permit, all necessary erosion control and soil
stabilization measures must be implemented in
advance of soil disturbing activity.

19. SLOPE STABILIZATION AND SEDIMENT
CONTROL: Consider a certified expert in Erosion and
Sediment control in cases where slopes are disturbed
during construction. The Permittee is directed to
comply with Section 13.5 Temporary Soil Stabilization
and Section 21 Erosion Control of Caltrans’ Standard
Specifications during application of temporary soil
stabilization measures to the soil surface. Fiber rolls or silt fences may be required down slope until permanent
soil stabilization is established. Remove the
accumulated sediment whenever the sediment
accumulates to 1/3 of the linear sediment barrier
height. The Permittee must limit the use of plastic
materials when more sustainable, environmentally
friendly alternatives exist or when environmental
regulations prohibit their use within the project.

20. STOCKPILES: Stockpiles containing aggregate
and/or soil must be stored at least 100 feet from
concentrated flows of storm water, drainage courses,
and storm drain inlets if within a flood plain, otherwise at least 50 feet if outside the floodplain, and must be covered and protected with a temporary perimeter
sediment barrier. Cold mix stockpiles must be stored
on an impermeable surface and covered with 9 mil
plastic to prevent contact with water. Minimize
stockpiling of materials on the job site. Manage
stockpiles by implementing the water pollution control
practices in Section 13-4.03C (3) Stockpile
Management of the State of California standard
specifications for construction.

21. DISCOVERY OF CONTAMINATION: The State
Representative must be notified in case any unusual
discoloration, odor, or texture of ground water, is found in excavated material or if abandoned, underground
tanks, pipes, or buried debris are encountered.

22. SANITARY AND SEPTIC WASTE: Do not bury or
discharge wastewater from a sanitary or septic system
within the highway. Properly connected sewer facilities are free from leaks. With State Representative
approval place portable sanitary facility at least 50 feet away from storm drains, receiving waters, and flow
lines. Permittee must comply with local health agency
provisions when using an on-site disposal system.

23. LIQUID WASTE: Prevent job site liquid waste from
entering storm drain systems and receiving waters.

Drilling slurries, grease or oil-free waste water or rinse water, dredging, wash water or rinse water running off
a surface or other non-storm water liquids not covered

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page 3 of 3

ENCROACHMENT PERMIT SPECIAL PROVISIONS
under separate waste water permits must be held in
structurally sound, leak-proof containers, such as
portable bins or portable tanks. Store containers at
least 50 feet away from moving vehicles and
equipment. Liquid waste may require testing to
determine hazardous material content prior to
disposal. All measures must conform to section
13-4.03D (5) Liquid Waste, Water Pollution Control of
Caltrans’ Standard Specifications.

24. WATER CONTROL AND CONSERVATION:

Manage water use in a w ay that will prevent erosion
and the discharge of pollutants into storm drain
systems and receiving waters. Direct runoff, including
water from water line repair from the job site to areas where it can infiltrate into the ground. Direct water from off-site sources around the job site or from contact with jobsite runoff.

25. PILE DRIVING: Keep spill kits and cleanup materials at pile driving locations. Park pile driving equipment
over drip pans, absorbent pads, or plastic sheeting with absorbent material, and away from stormwater run-on
when not in use.

26. DEWATERING: Dewatering consists of discharging
accumulated storm water, groundwater, or surface
water from excavations or temporary containment
facilities. All dewatering operations must comply with
the latest Caltrans guidelines including the Field Guide for Construction Site Dewatering. Contact State
representative for approval of dewatering discharge by
infiltration or evaporation, otherwise, any effluent
discharged into a permitted storm water system
requires approval from the Regional Water Quality
Control Board. Prior to the start of dewatering, the
Permittee must provide the State Representative with
a dewatering and discharge work plan that complies
with section 13-4.03G Dewatering, Water Pollution
Control of Caltrans’ Standard Specifications. A copy of the Waste Discharge Permit and a copy of a valid
WDID number issued by the Regional Board must be
provided to the State representative.

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: September 17, 2024
TO: Mayor and Council
FROM: Greg Hermann, Interim Assistant City Manager
Prepared By: Natalie Harnett, Policy and Project Manager VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 6D. AMEND THE COUNCIL POLICIES AND PROCEDURES

MANUAL TO INCLUDE A SECTION REGARDING INTERNS/

VOLUNTEERS
Staff received a question on whether Council volunteers are required to fill out the City’s standard volunteer application forms. Although there is no application form specific to Council volunteers/interns, all volunteers, including unpaid interns, must fill out the City Affiliate Registration and Waiver prior to volunteering. Staff recommend adding a sentence to the policy to clarify that Council interns are subject to this as well. The current City Affiliate and Registration and Waiver form is included for reference as “Attachment A” to this agenda correspondence.

Revised Language (added language in italics)

2.5.6 Council Volunteers
Council members may use interns/volunteers to help with various tasks related to council activities, including but not limited to research, constituent outreach, and administrative support. Interns/volunteers should not be used for any campaign related activities.

Council members have the discretion to show appreciation to their volunteers through letters of recommendation, gift cards, or through other means of supporting their professional development. Any City funds spent on intern/volunteer support will be funded through the council member’s allocated professional development budget. All Council interns/volunteers are required to fill out the City Affiliate Registration and Waiver Form.

 











 
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Item 6d - Agenda Correspondence - ATTACHMENT A


















 








 











 


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Item 6d
Department: Administration
Cost Center: 1002
For Agenda of: 9/17/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Natalie Harnett, Policy and Project Manager SUBJECT: AMEND THE COUNCIL POLICIES AND PROCEDURES MANUAL TO

INCLUDE A SECTION REGARDING INTERNS/VOLUNTEERS

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending its Council Policies and Procedures Manual,” regarding the use of Council Member Interns/Volunteers.

POLICY CONTEXT
City Council has adopted a manual entitled “Council Policies and Procedures” (Attachment A) to define and ensure the proper conduct of the City’s business by the City Council. The Council periodically revises its Council Policies and Procedures Manual (“Manual”) to ensure clarity, consistency with State law, and conformity with the City Charter and Ordinances.

Under City Charter section 701, the only employees appointed under the Council are the City Manager and the City Attorney; therefore, Council Members do not have other paid employees working directly for them. Council Members can, however, select volunteers to help with various tasks related to Council Member activities.

DISCUSSION
On October 24, 2023, the Council held a special meeting to discuss the topic of Council Member internships. Historically, Council Members have used interns in different capacities. This item seeks to create a section within the Manual to address Council Members’ ability to select interns. In order to comply with the City Charter, Council Member Interns are volunteers and not paid or considered City employees. The recommended amendment to the Manual does not provide explicit procedures for Council Member internships, but rather formalizes Council Members’ discretion to select interns/volunteers and establishes general guidelines.

Item 6d
Unpaid internships can be mutually beneficial and may lead to paid internships or even full-time positions with the City or another public agency. The internships allow students to learn about civic engagement, participate in valuable learning opportunities, and make a tangible impact on the community.

Generally, the interns are high school, Cal Poly or Cuesta students who are looking to gain some experience in local government. Although Council Member Interns are volunteers, Council Members have the discretion to show appreciation to them through letters of recommendation, gift cards, or in some cases educational credits through their school.

General Guidelines for Council Member Interns
 Council Member Interns can engage in various tasks related to Council activities, including but not limited to research, constituent outreach, and administrative support.
 Council Member Interns cannot be used for any campaign-related activities1.  The Council Member Intern program aims to provide valuable learning experiences for students interested in local government while contributing to the council's City business.
 Volunteers should not be doing work that is under the umbrella of an existing City job description. General administrative work or research beyond one to two hours of one-time work is not included in any City job description2  The Council Member Interns shall not have access to Council members’ city email inboxes or other confidential or privileged communications.

The duration of an internship can be determined based on the academic requirements of the intern and the needs of the Council Member. Interested candidates should reach out directly to Council Members. The selection process is up to the discretion of the Council Member and based on their needs.

1 A campaign volunteer is any person that actively contributes to a candidate’s campaign for an elected position, including but not limited to: printing and putting up posters, assisting with tabling and assisting with social media advertising.
2 Council Policies and Procedures – Section 5.3.1 Timely Response: City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one-time" work requirement, as opposed to an on-going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1-2 hours).

Item 6d
Recommended Language Amendment to the Council Policies and Procedures Staff recommends adding the following sub-section to Section 2.5 – General Procedures and Limitations of the Council Compensation Chapter:

2.5.6 Council Volunteers
Council members may use interns/volunteers to help with various tasks related to council activities, including but not limited to research, constituent outreach, and administrative support. Interns/volunteers should not be used for any campaignrelated activities. Council members have the discretion to show appreciation to their volunteers through letters of recommendation, gift cards, or through other means of supporting their professional development. Any City funds spent on intern/volunteer support will be funded through the council member’s allocated professional development budget.

Previous Council or Advisory Body Action
The Council met on October 24, 2023, to discuss the concept of Council interns and share amongst each other how they have historically utilized interns. The Council provided direction at that meeting to formalize the use of interns through an update to the Manual.

Public Engagement
Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.

CONCURRENCE
The City Attorney’s Office has reviewed and approved the proposed amendments to the Manual (Attachment B).

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

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

Item 6d
Fiscal Analysis:

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

Total $ N/A $ $ $
There is no new fiscal impact associated with the recommendation. Per the Council Policies and Procedures Section 2.3.1, allowances are budgeted for the Mayor and Council Members for the costs of professional development and educational conferences designed to improve the understanding of and proficiency in municipal affairs. In the 2023- 25 Financial Plan, the annual budget is $3,600 for the Mayor and $2,700 for the other Council members. It is at the Council Member’s discretion how they spend their allowance throughout the year as long as the expenditures are in accordance with the City’s Purchasing Policy.

ALTERNATIVES
Council could decide not to amend the Council Policies and Procedures to include a section on Council interns. This action is not recommended by staff because this administrative change that will help clarify how interns should be used for current and future councils.

ATTACHMENTS
A - Council Policies and Procedures Manual
B - Draft Resolution Amending Council Policies and Procedures related to Council interns.

CITY COUNCIL

POLICIES AND PROCEDURES
MANUAL
Adopted by the City Council
April 20, 2004, Resolution No. 9554
Updated by the City Council
May 2, 2006, Resolution No. 9794
November 16, 2008, Resolution No. 10041
January 3, 2012, Resolution No. 10323
May 8, 2012, Resolution No. 10354
February 5, 2013, Resolution No. 10422
May 20, 2014, Resolution No. 10524
September 1, 2015, Resolution No. 10664
August 20, 2019, Resolution No. 11039
April 6, 2021, Resolution No. 11237
April 19, 2022, Resolution No. 11318 and Resolution No. 11319 June 21, 2022, Resolution No. 11341
May 2, 2023, Resolution No. 11418
April 2, 2024, Resolution No. 11482

Council Policies & Procedures Manual (rev. 04/02/2024) Page 2

COUNCIL POLICIES AND PROCEDURES

TABLE OF CONTENTS
FOREWORD................................................................................................................... 4 CHAPTER ONE MEETING GUIDELINES & PROCEDURES ........................................ 5

1.1 MEETING SCHEDULE ................................................................................... 5

1.2 AGENDA......................................................................................................... 7

1.3 MEETING PROCEDURES............................................................................ 10

1.4 MEETING COVERAGE ................................................................................ 18

1.5 AB 2449 – TELECONFERENCING REGULATIONS.................................... 19 CHAPTER TWO COUNCIL COMPENSATION ............................................................ 21

2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ................................. 21

2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE........ 21

2.3 PROFESSIONAL DEVELOPMENT .............................................................. 22

2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ................................. 22

2.5 GENERAL PROCEDURES AND LIMITATIONS........................................... 22

2.6 COUNCIL COMPENSATION COMMITTEE.................................................. 24 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS..................................... 25

3.1 MAYOR POWER AND DUTIES.................................................................... 25

3.2 APPOINTMENT OF VICE MAYOR............................................................... 25

3.3 FILLING COUNCIL VACANCIES.................................................................. 25

3.4 ADMINISTERING OATHS: SUBPOENAS ................................................... 27

3.5 LIMITATIONS................................................................................................ 27

3.6 METHOD OF ACTION BY COUNCIL ........................................................... 28

3.7 ORDINANCES .............................................................................................. 28

3.8 ACCEPTANCE OF GRANTS OR DEEDS .................................................... 28

3.9 LEGISLATIVE ACTION PROGRAM ............................................................. 28

3.10 AMICUS CURIAE PARTICIPATION ............................................................. 29 CHAPTER FOUR THE BROWN ACT .......................................................................... 30

4.1 APPLICABILITY AND PENALTIES............................................................... 30

4.2 MAJOR PROVISIONS .................................................................................. 30

4.3 SPECIAL MEETINGS ................................................................................... 32

4.4 EMERGENCY MEETINGS ........................................................................... 32

Council Policies & Procedures Manual (rev. 04/02/2024) Page 3

4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT ................................................................................................ 32

4.6 OTHER PROVISIONS .................................................................................. 35 CHAPTER FIVE COUNCIL/STAFF RELATIONSHIPS AND CONDUCT.................... 36

5.1 INTENT ......................................................................................................... 36

5.2 GUIDELINES FOR COUNCIL MEMBERS.................................................... 36

5.3 GUIDELINES FOR STAFF............................................................................ 36

5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS................. 38

5.5 COUNCIL MAIL HANDLING ......................................................................... 39 CHAPTER SIX ADVISORY BODY PROCEDURES..................................................... 42

6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS...................................... 42

6.2 COUNTY OR REGIONAL REPRESENTATION ........................................... 43

6.3 OTHER COUNCIL SUBCOMMITTEES ........................................................ 43

6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS .......... 43

6.5 ROLE OF CITY STAFF PERSONS .............................................................. 44

6.6 APPOINTMENT PROCEDURES.................................................................. 44

6.7 PROCESS..................................................................................................... 44 CHAPTER SEVEN COUNCIL CONFIDENTIALITY POLICY....................................... 47

7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE........................... 47

7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE......................... 47

7.3 DEFINITIONS ............................................................................................... 47 CHAPTER EIGHT COUNCIL CENSURE POLICY....................................................... 49

8.1 PURPOSE OF CENSURE POLICY.............................................................. 49

8.2 DEFINITIONS ............................................................................................... 49

8.3 CENSURE PROCEDURE............................................................................. 49

Council Policies & Procedures Manual (rev. 04/02/2024) Page 4

FOREWORD
San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power (the right of the City to make laws governing health, safety, morals and welfare for the benefit of the community) granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities.

A charter serves as the city's "constitution" and may only be amended by a vote of the people.

San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council-Mayor-City Manager form of government. The last charter revision occurred in September 2012.

The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter.

Council Policies & Procedures Manual (rev. 04/02/2024) Page 5

CHAPTER ONE

MEETING GUIDELINES & PROCEDURES

1.1 MEETING SCHEDULE

1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency.

Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502)

1.1.2 REGULAR MEETINGS

1.1.2.1. The regular business meetings of the Council shall be held on the first and third Tuesday of each month at the hour of five-thirty p.m. (5:30 p.m.) or at such other time as may be designated on the agenda giving notice of the business meeting and posted at the same time and in the same manner as required by State law.

Regular closed session meetings of the Council shall be held on the first and third Tuesday of each month at the hour of four-thirty p.m. (4:30 p.m.) or at such other time as may be designated on the same agenda giving notice of the business meeting. In the event that a regular meeting of the council falls on a legal holiday, then the regular meeting shall be held at the same place and time on the next succeeding working day (Ord. 1623)

1.1.2.2. Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) Council meetings will also be streamed via teleconference when held in City Hall only.

1.1.2.3. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time.

1.1.2.4. A regular meeting may be canceled by a majority vote of the Council.

Council Policies & Procedures Manual (rev. 04/02/2024) Page 6

1.1.3 STUDY SESSIONS (Open to the public)

1.1.3.1. The purpose of these meetings shall be for informal discussions between staff, advisory bodies, consultants, the public, and the City Council regarding specific programs, projects or policies.

Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops.

1.1.3.2. Study Sessions will be held at a time and place within the City limits convenient to Council and advantageous for public participation.

1.1.4 SPECIAL MEETINGS

1.1.4.1. Special meetings may be called by the Mayor or three members of the City Council on no less than 24 hour notice and as otherwise specified by Government Code § 54956. (Ord. 959)

1.1.4.2. Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. Meetings not held in City Hall will not be streamed through teleconference.

1.1.5 USE OF COUNCIL CHAMBER

1.1.5.1. The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office.

1.1.5.2. When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide:
a. Use of the Council Chamber by City commissions,
committees, and other advisory bodies shall take precedence over any other group or agency.
b. Favorable consideration shall be given to other governmental agencies and non-profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non-profit groups for use of the Community Room at the City/County Library. No events of a commercial nature shall be allowed. The Council
Chamber will not be available for use by any non-City

Council Policies & Procedures Manual (rev. 04/02/2024) Page 7 organizations during non-business hours, unless otherwise approved by the City Manager (see exception noted in
Section 1.1.5.2.c).
c. With the approval of the City Manager, other local
governmental agencies may use the Council Chamber for the purpose of live or teleconferencing public hearings and/or public meetings during regular or non-business hours. The fee charged shall be the same rate charged governmental
agencies for use of the Community Room at the City/County Library, in addition to the cost for services provided by the City for teleconferencing operations.
d. No admission shall be charged. No events featuring the service of food or drink shall be allowed.
e. Regularly scheduled meetings by other agencies and groups shall be discouraged.
f. Meetings being held to advocate the election or re-election of a particular candidate for political office shall not be allowed.

However, the Council Chamber may be used for a Candidate and/or City Ballot Measure Forum where the public and all candidates and/or proponents/opponents to a City ballot measure or candidates for a particular public office have been invited. Any candidate/ ballot measure forums to be held in the Council Chamber shall not include City staff services.

1.2 AGENDA

1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well-being of the City.

Council Policies & Procedures Manual (rev. 04/02/2024) Page 8 The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section

1.2.7). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance should be scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk.

1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda.

1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City’s approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or their designee.

1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon

Council Policies & Procedures Manual (rev. 04/02/2024) Page 9 consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or their designee.

1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with State law. Generally, only those matters affecting public health or safety and coming to the attention of the Council after the regular notice deadlines may be considered an emergency in nature. A four-fifths vote of Council is necessary to add an emergency item.

1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda.

1.2.7 ORDER OF BUSINESS shall be as follows:

1.2.7.1. Council AB 2449 Requests for Teleconferencing

1.2.7.2. Call to Order

1.2.7.3. Roll Call

1.2.7.4. Pledge of Allegiance

1.2.7.5. Closed Session Report (if any)

1.2.7.6. City Manager’s Report

1.2.7.7. Presentations /Appointments

1.2.7.8. Public Comment

1.2.7.9. Consent Agenda

1.2.7.10. Public Hearings and Business Items

1.2.7.11. Liaison Reports and Communications

1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals.

All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public.

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1.3 MEETING PROCEDURES

1.3.1 PRESIDING OFFICER

1.3.1.1. The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407)

1.3.1.2. In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer.

1.3.1.3. Seating arrangement of the Council:

1.3.1.3.1. The Vice Mayor shall always be seated immediately next to the Mayor.

1.3.1.3.2. The Mayor, with the approval of individual Council Members, shall establish other seating
arrangements for regular Council meetings.

1.3.1.4. Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used.

1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503)

1.3.3 DISCUSSION RULES

1.3.3.1. Obtaining the floor:

1.3.3.1.1. A member of the City Council or staff shall first address the Presiding Officer and gain recognition.

1.3.3.1.2. Comments and questions shall be succinct and limited to the issue before Council.

1.3.3.1.3. Cross exchange between Council Members and
public should be avoided.

1.3.3.2. Questions to staff:

A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. Council

Council Policies & Procedures Manual (rev. 04/02/2024) Page 11 Members are encouraged to provide questions to staff prior to meetings and also to attend staff briefings on complex issues.

1.3.3.3. Interruptions:

1.3.3.3.1. Once recognized, a Council Member shall not be interrupted while speaking, except to make a point
of order or personal privilege.

1.3.3.3.2. If a Council Member is called to order while speaking, the individual shall cease speaking until
the question of order is determined.

1.3.3.3.3. Upon being recognized by the Presiding Officer, members of staff shall hold the floor until
completion of their remarks or until recognition is
withdrawn by the Presiding Officer.

1.3.3.4. Limitation on Discussion:

No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision making process.

1.3.3.5. Tabling Procedure:

If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for.

1.3.3.6. Right of Protest:

A Council Member is never required to state reasons for dissent.

1.3.3.7. Rules of Procedure:

The Council shall determine its own rules of procedure. (Charter § 504)

1.3.3.8. Council Minutes:

If a Council Member wishes a stated opinion to be entered in the minutes, he/she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement.

Council Policies & Procedures Manual (rev. 04/02/2024) Page 12

1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's Rules of Order). The following summarizes the most frequently used actions.

1.3.5 PROTOCOL

1.3.5.1. Council Members and staff shall:

1.3.5.1.1. Work earnestly to preserve appropriate order and decorum during all meetings.

1.3.5.1.2. Discourage side conversations, disruptions,
interruptions or delaying efforts.

1.3.5.1.3. Inform the Presiding Officer when departing from a meeting.

1.3.5.1.4. Limit the use of personal electronic devices to urgent personal matters while seated at the dais
during Council meetings.

1.3.5.1.5. During a public hearing, correspondence between Council Members or between a member of the
public and the Council regarding the public hearing
matter being considered by the City Council must
occur in the open and any communications outside
of the noticed public meeting on which the Council
Member’s decision is based should be disclosed
during the public hearing.

1.3.5.2. Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act.

1.3.5.3. Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables.

1.3.5.4. Enforcement of order:

1.3.5.4.1. The Police Chief or their designee shall act as the Sergeant at Arms.

Council Policies & Procedures Manual (rev. 04/02/2024) Page 13

1.3.5.4.2. Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion
and majority vote, the Presiding Officer shall be
required to do so.

1.3.6 VOTING PROCEDURES

1.3.6.1. When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505)

1.3.6.2. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506)

1.3.6.3. A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item.

1.3.6.4. A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item.

1.3.6.5. The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification.

1.3.6.6. A roll call (voice) vote shall be taken for each Council action. The City Clerk will call the roll for the roll call vote in the following manner: 1) Maker of the motion; 2) Member who has seconded the motion; 3) Additional Council Members in alphabetical order by last name; and 4) Mayor last. The City Clerk shall state for the record the name of any Council Member who is recused or has abstained, which abstention will be counted as a vote with the majority, unless legally required. The consent agenda will be considered a single action for purposes of the roll call vote.

1.3.6.7. A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members.

1.3.6.8. Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505)

1.3.6.9. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505)

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1.3.6.10. Following the vote, the Mayor shall announce whether the questions have been carried or defeated.

1.3.6.11. Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes.

1.3.6.12. The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so.

1.3.7 PUBLIC COMMENT (Written and Oral)
Members of the public may address the City Council in a variety of ways.

Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record and posted to the City’s website. (GC § 54957.5) Agenda Correspondence, in general, are correspondence and other documents from the public, the City Council and City staff regarding Council agenda items received after the agenda packets have been distributed. Agenda Correspondences may take the following form: letters and emails from citizens; memos of clarification or revision from City staff; liaison reports from the City Council; communication items from City Council; late release or added-on agenda reports.

Agenda Correspondence shall be date-stamped. Agenda Correspondences are distributed by the City Clerk and made available for public review as they are received.

The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting.

The following are guidelines for providing oral public comments:

1.3.7.1. Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker may not yield time to another speaker. A speaker slip should be filed with the City Clerk, but is not required in order to speak.

Council Policies & Procedures Manual (rev. 04/02/2024) Page 15

1.3.7.2. For all hybrid (in-person and via teleconference) meetings, those requesting to speak in-person will be called first, then those requesting to speak via teleconference will be called. All requests to speak should be submitted prior to the start of the Public Comment period.

1.3.7.3. Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow up on such items.

1.3.7.4. Individuals desiring to speak on an item on the agenda shall:

1.3.7.4.1. Address the Council from the podium or via
teleconference after giving their name and city of
residence. Speakers shall direct their comments to
the Council, not the audience.

1.3.7.4.2. Comment on the specific matter before the Council with reasons for the position taken.

1.3.7.4.3. Limit comments to three (3) minutes until others have had opportunity to address the Council. The
Presiding Officer with the consensus of Council
Members, after all others have spoken, may allow
additional brief comment from speakers who have
already commented on the same agenda item. A
speaker may not yield their time to another speaker.

1.3.7.4.4. Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the
Municipal Code Section 2.64.020 and shall preface
their comments by identifying themselves as
municipal advocates (2.64.050 & 2.64.070).

1.3.7.4.5. Shall avoid personal attacks, abusive language or other disruptive behavior.

1.3.7.4.6. Applicants, applicant representatives, or appellants desiring to speak shall:
 Submit speaker slips to the City Clerk.
 Shall be permitted to speak first during the
public comment portion of the public hearing for
not more than ten (10) minutes.
 Address the Council from the podium or via
teleconference after giving their name and
address, and/or the name and address of the

Council Policies & Procedures Manual (rev. 04/02/2024) Page 16 applicant/appellant they are representing. If the
applicant/appellant’s representative is a paid
municipal advocate, they shall comply with
Section 1.3.7.4.4 above.

1.3.7.5. After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer.

1.3.8 PUBLIC USE OF VISUAL AIDS AT COUNCIL MEETINGS
Members of the public who desire to utilize electronic visual aids to supplement their oral presentations are encouraged to provide displayready material to the City Clerk by 12:00 noon on the day of the meeting.

No data provided to the City Clerk later than 12:00 noon will be accepted.

Staff may recommend that the presenter produce hard copies of their materials and present the copies to Council during their presentations.

1.3.8.1. Electronic presentations must be provided in a format that can be read on a standard PC-compatible computer running Microsoft Windows or Microsoft Office.

1.3.8.2. Upon receipt, the City Clerk will promptly transmit electronic visual aids to the City’s Information Technology Division for a determination as to whether the material is free of viruses.

1.3.8.3. Staff shall preload and queue the electronic visual aid in the City’s media system and display it when the public member is called upon to speak.

1.3.8.4. Members of the public shall not be permitted to connect equipment, devices, or storage media directly to the City’s computer system during a live Council meeting.

1.3.8.5. Members of the public shall not be permitted to access the internet from the City’s computer equipment.

1.3.8.6. Nothing in this Policy is intended to warrant or otherwise guarantee that electronic visual aids will successfully display at a City Council meeting. Members of the public are urged to have hard copies of their presentations available at the City Council meetings in the event a media system malfunction occurs.

1.3.9 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are

Council Policies & Procedures Manual (rev. 04/02/2024) Page 17 second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda.

1.3.9.1. Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible).

1.3.9.2. No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda.

1.3.9.3. Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion.

1.3.9.4. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time.

1.3.10 COMMUNICATIONS

1.3.10.1. The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter.

Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items.

1.3.10.2. If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials.

1.3.10.3. State law provides that Council can take action only on such matters that have been noticed at least 72 hours in advance of the meeting, unless special circumstances are found to exist.

Substantive debate or deliberation or formal action or approval on non-agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting.

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1.3.10.4. The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes.

1.3.11 CLOSED SESSIONS (closed to the public)

1.3.11.1. Closed Sessions are regulated pursuant to the Brown Act.

1.3.11.2. No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by four fifths vote of the Council, or as otherwise required by law.

1.3.11.3. Confidential materials provided for Closed Sessions must be returned to the City Attorney by the conclusion of the Closed Session.

1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council.

1.4.1. Coverage of City Council meetings shall be gavel-to-gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment.

1.4.2. All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise.

1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City.

1.4.4. Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing.

1.4.5. “Reaction” shots will not be permitted.

1.4.6. The City Clerk’s minutes shall remain the official record of Council proceedings.

1.4.7. To assure timely information for the public, Action Updates shall be posted on the City’s website as soon as possible.

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1.5 AB 2449 – TELECONFERENCING REGULATIONS

1.5.1 QUORUM REQUIREMENT
A quorum of the Council (three members) must participate at a singular physical meeting location identified on the agenda, which must be within the city limits and open to the public. This means that no more than two Council Members may utilize these AB 2449 teleconference provisions at one meeting. If fewer than three members could not be physically present at the beginning of a meeting, the meeting shall not be called to order.

1.5.2 LIMITATIONS ON USE
Council Members may participate remotely under AB 2449 a limited number of times per year, depending on which exception was selected, “Just Cause” or “Emergency Circumstances.”

1.5.2.1. Just Cause Exception.

This exception may be used in cases of caregiving for a dependent; contagious illness; need related to a physical or mental disability; or official governmental travel. Capped at two (2) meetings per calendar year regardless of the Council’s meeting schedule.

1.5.2.2. Emergency Circumstances Exception.

This exception may be used in cases of a physical or family medical emergency that prevents a Council Member from
attending in person. Capped at 20% of the regular meetings within a calendar year (four (4) City of San Luis Obispo Council meetings per year).

1.5.2.3. Each agenda must describe how members of the public may observe or attend the meeting and offer public comment, including a way to attend via teleconference platform. Members of the public must be allowed to make public comments in realtime (in-person or through teleconference) during all allotted public comment periods.

1.5.2.4. Council Members wishing to attend by teleconference must make a request to the Council at the earliest possible opportunity, up to and including at the start of a meeting. The Council must act by majority vote, during the meeting, to approve or deny the request.

1.5.2.5. Council Members must also provide a “general description” of the circumstances relating to the member’s need to participate remotely, which need not be more than 20 words or disclose any personal medical information.

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1.5.2.6. Council Members must disclose, before any action is taken, whether any individuals 18 years of age or older are present in the room at the remote location, and the general nature of the member’s relationship with the individual. This disclosure must take place during the meeting itself, even if the notification and description were given in advance.

1.5.2.7. Council Members participating remotely must participate through both audio and visual technology.

1.5.2.8. All votes taken at a meeting where a Council Member attends by teleconference, under provisions of AB 2449, must be taken by roll call vote.

1.5.2.9. Meeting proceeding must be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to the public or prevents the receipt of public comment on the teleconference platform until meeting audio and video service are restored.

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CHAPTER TWO

COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation (see Section 2.6).

2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered in an official capacity shall be established by resolution duly adopted and consistent with the rules established in the Charter.

Effective the first full payroll period in January 2025, compensation for services rendered in an official capacity shall be provided as follows (Resolution No. 11482):
 The Mayor shall receive a monthly salary of $2,923 and each City Council Member shall receive a monthly salary of $2,319.
 Planning Commissioners shall receive $86 per meeting, not to exceed $347 per month.
 Architectural Review Commissioners shall receive $86 per meeting, not to exceed $347 per month.

2.1.1 CONSUMER PRICE INDEX INCREASES
In lieu of forming a Council Compensation Committee, Council may approve biennial Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles, Long Beach and Anaheim metropolitan area increases applied to Council, Planning Commission, and Architectural Review Commission salaries, effective the first full pay period in January (Resolution No. 11318).

2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City-funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members’ participation in PEMCHA, dental, vision, and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. If the Mayor and Council Members elect to opt out of medical, dental, and vision that individual member will receive the opt-out amount equal to City department heads.

Individual Council Members may waive any or all of the compensation provided to them. Such a waiver shall affect only the individual choosing to waive compensation for the period of time specified by that individual. An individual waiver shall not be binding on any other current or future Council Member. Should any Council Member wish to make a change in their individual compensation, staff will process a personnel action form to effectuate this change.

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2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:

2.3.1 PROFESSIONAL DEVELOPMENT - INCLUDING TRIPS AND MEETINGS For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs.

Said allowance shall be used for out-of-county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines.

2.3.2 START UP ALLOWANCE
An additional professional development allowance shall be budgeted to each new Mayor and Council Member to help accelerate their comprehension of municipal and legislative operations during the first 12 months following the taking of office and the amounts shall be as set forth in the applicable financial plan adopted by the Council.

2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in the Financial Plan.

2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be used for in-county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses.

2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form:

2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within their budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required.

2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations

Council Policies & Procedures Manual (rev. 04/02/2024) Page 23 shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three-monthly claims may not exceed the quarterly maximum.

Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements.

2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non local professional development and conferences. These guidelines include all non local official meals, tuition or fees, transportation to meeting sites, materials, and telephone usage.

2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account.

2.5.4 OTHER GUIDELINES
Any other travel-related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines.

2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS
The Political Reform Act of 1974 (Government Code sections 87200) requires local public officials to file a Statement of Economic Interest (Form 700) to disclose certain investments, interests in real property, sources of income, gifts, loans and business positions when assuming office, annually and when leaving office.

2.5.6 COUNCIL VOLUNTEERS
Council members may use interns/volunteers to help with various tasks related to council activities, including but not limited to research, constituent outreach, and administrative support. Interns/volunteers should not be used for any campaign-related activities. Council members have the discretion to show appreciation to their volunteers through letters of recommendation, gift cards, or through other means of supporting their professional development. Any City funds spent on intern/volunteer support will be funded through the council member’s allocated professional development budget.

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2.6 COUNCIL COMPENSATION COMMITTEE
A seven-member review committee shall be appointed no later than the last City Council meeting in January in even-numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May.

2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen at large.

2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances, and any other compensation provided the City Council. Review should include, but shall not be limited to:
1) Compensation of Council Members and Mayors of cities of similar population/budget size;
2) Compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities;
4) Council Member and Mayor responsibilities in San Luis Obispo at the time of the committee's review;
5) Any structural changes that may have occurred in municipal government either as a result of state legislation or by actions of the local electorate that may have added to, or deducted, from the duties and responsibilities of the Council Members and/or Mayor.

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CHAPTER THREE

COUNCIL POWERS & APPOINTMENTS

3.1 MAYOR POWER AND DUTIES
The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407)

3.1.1. Meeting proceeding must be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to the public or prevents the receipt of public comment on the teleconference platform until meeting audio and video service are restored.

3.1.2. The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407)

3.1.3. The Mayor may order flags flown on City property to be lowered to half-staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with state and federal law.

3.1.4. The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407)

3.1.5. The Mayor may solemnize marriages while in office, (Family Code Section 400.1). All rules and regulations for the rental of City facilities would apply.

3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term and is made on a rotational basis, the appointment going to the next senior member that has not yet served as Vice Mayor during their Council term. The Vice Mayor shall be appointed at the first meeting in December.

3.3 FILLING COUNCIL VACANCIES

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3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy.

3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public.

3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. In the case of a vacancy due to a current Council Member elected to the Mayor’s seat, the City Clerk may advertise the vacancy once the County Registrar of Voters has certified the election results.

3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall submit a written statement of 500 words or less covering at least the following areas:

3.3.4.1. The Mayor may solemnize marriages while in office, (Family Code Section 400.1). All rules and regulations for the rental of City facilities would apply.

3.3.4.2. The amount of time available each week to devote to the Council.

3.3.4.3. Reasons for wanting to be appointed.

3.3.4.4. Involvement in community affairs and organizations, especially in the preceding 23-month period.

3.3.4.5. Personal qualifications for the position.

3.3.4.6. Prior experience in government, or areas associated with or doing business with government.

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3.3.5 PUBLIC MEETING

3.3.5.1. At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy.

3.3.5.2. The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting.

3.3.5.3. Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins.

3.3.5.4. At the meeting, each applicant wishing to serve should be present to verify that he/she would be willing to serve if appointed, and that he/she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council.

3.3.5.5. Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public.

3.3.5.6. Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public.

3.3.5.7. If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the
occurrence of the vacancy to attempt to reach a decision.

3.4 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it.

Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507)

3.5 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the

Council Policies & Procedures Manual (rev. 04/02/2024) Page 28 Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508)

3.6 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed.

Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances.

Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601)

3.7 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and relevant State law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance.

No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506)

3.8 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo.

3.9 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fastpaced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or recommendations of the League of California Cities.

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3.10 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443)

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CHAPTER FOUR

THE BROWN ACT

4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M.

Brown Act, Government Code Section 54950, et al. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter.

4.2 MAJOR PROVISIONS

4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2)

4.2.2 MEETINGS
All meetings shall be open and public.

4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting.

4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than one other Council Member for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media).

4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953)

4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet statutory requirements. (GC § 54954.2)

4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda.

Exceptions: