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HomeMy WebLinkAbout5800-5824I M l RESOLUTION NO. 5824 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING A JOINT DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION -CITY HOLIDAY SHOPPING PROGRAM ON SLO TRANSIT WHEREAS, the Council welcomes the opportunity to work with the Downtown Business Improvement Association in providing a holiday shopping program on SLO Transit for the citizens of San Luis Obispo, and WHEREAS, Council Resolution No. 4949 (1982 Series) sets forth City policy calling for the use of "non- structural" programs to increase the availability of downtown parking, and WHEREAS, the Council desires to maximize patronage on SLO Transit; NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City agrees to not Charge any fares on SLO Transit December 14 -24, 1985. SECTION 2. The City agrees to accept a route guarantee of $1,500 from the Downtown Business Improvement Association and to provide a City route guarantee of $1,460 from the Parking Fund to SLO Transit for said program. SECTION 3. The City understands that the Downtown Business Improvement Association will administer and finance the promotion and marketing of said program. On the motion of Cougcjiman Set e , seconded by Councilman nunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted the 19th day of R 5824 Resolution No. 5824 (1985 Series) Page 2 APPROVED: City Administrat ve Otticer Finance Direc r City Att 7 e 6n019c/er �, RESOLUTION NO. 5823 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING THE CONTRACT TO FURNISH TRANSIT COACHES TO THE GILLIG CORPORATION BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To award the contract to furnish transit coaches to the Gillig Corporation for three thirty -five foot coaches and a spare engine /transmission package in the amount of $436,461.00. SECTION 2. To allocate $34,500 to Fund 883 from the Transit Capital Replacement Reserve for the purpose of purchasing one spare engine /transmission packager _ SECTION 3. To authorize the Mayor to execute the required contract. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this :_19th day of APPROVED: -'L Q 5 City Administrative Cifficer • 5 . R 5823 dor/). F- Mct4ce C CONTRACT TO FURNISH TRANSIT COACHES AND C.01111'MIiNT t + r AGREEMENT The City of San Luis Obispo ( "the City ") and GILLIG CORPORATION ( "the Manufacturer ") agree as follows: 1. SCOPE OF AGREEMENT This agreement includes the following documents incorporated by this reference and supercedes any conflicting provisions within them: General Provisions Coach and Equipment Specifications Accepted Bid Proposal Performance Bond Buy America Certification Disadvantaged Business Certification 2. ITEMS TO BE FURNISHED The manufacturer shall. furnish within 180 days of executing this agreement the following coaches and equipment at the stated prices: Extended Quantity Description Unit Price Price heavy duty transit coach (30 foot) ' 3 heavy duty transit coach 133,987 $401,961 (35 foot) spare engine /transmission 34,500 34,500 package (6V92TA/HT747) TOTAL $436,461. f H - 1 A A 'rh(! City shall pay for each coach and equipment item within of accePti'lly the Coach or equipment Item. ATTEST: For the City: Signature: title:. -g! fOR 7O�NDIN� Date:. 4-dY For th Manufacturer: Signature: Title: VIC15 ex / onj 7- Date: H - 2 CIT CL For the City: Signature: title:. -g! fOR 7O�NDIN� Date:. 4-dY For th Manufacturer: Signature: Title: VIC15 ex / onj 7- Date: H - 2 J RESOLUTION NO. 5822 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SANCHEZ TALARICO AND ASSOCIATES FOR THE PREPARATION OF A DRAFT AND FINAL EIR FOR MONTEREY STREET PLAN LINE WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the city and Sanchez Talarico and Associates is hereby approved and the Mayor is authorized to execute the same. NCW, THEREFORE, BE IT RESOLVED that the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to the Finance Director, the Cam=ity Development Director, and Sanchez Talarico and Associates. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 19th day of November � I u CONSULTANT'S SERVICES AGREEMENT This agreement, made this 19th day of November , 1985, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and SANCHEZ TALARICO ASSOCIATES, (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the Monterey Street Setback Line. The services being provided by this consultant under this contract are environmental assessment and development of appropriate mitigation as part of the program . design; and WHEREAS, City desires to engage Consultant to provide services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. City. The Community Development Director shall be the representative of the city for all purposes under this agreement. The director, or his designated representative, Page 2 Consultant's Services Agreement hereby is designated as the Project Manager for the City. He shall supervise the.progress and execution of this agreement. b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. Annette Sanchez is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute. Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is further described'in Exhibit "A" attached hereto and .incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "A" shall not be changed except by prior approval of City. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. b. Laws to be observed. Consultant shall: Consultant's Services Agreement Page 3 (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. C. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be Page 4 Consultant's Services Agreement the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. 3. DUTIES OF CITY City agrees to cooperate with consultant and to perform that work described in Exhibit "A" attached hereto and incorporated by this reference. 4. COMPENSATION The Consultant will perform the work in phases as described in Exhibit "A ". Consultant will bill City on a time and. material basis upon completion of the project. City will pay this will within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit "A" without prior approval of the City's Project Manager. Consultant's Services Agreement Page 5 5. TIME FOR COMPLETION OF THE WORK Program scheduling shall follow the attached chart (Exhibit "A" unless revisions to the chart are approved by the City's Project Manager and project's Management Consultant. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION The Community Development Director shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of. this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION a. Right to suspend or terminate. The city retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Page 6 i Consultant's Services Agreement Consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish city with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consent of any of its obligations to fulfill its agreement as prescribed. ti Consultant's Services Agreement Page 7 9. OWNERSHIP OF MATERIALS All original drawings, plan documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall not be delivered to the City upon demand. 10. INDEPENDENT JUDGMENT Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of professional consulting economic and planning assessment services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICES All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: To City: City Clerk's Office City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 i J Consultant's Services Agreement Page 8 To Consultant: Sanchez Talarico Associates 359 San Miguel Drive Suite 200 Newport Beach, CA 92660 13. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers, agents, and employees of and from: 1. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; Consultant's Services Agreement Page 9 2. Any and all damage to or destruction of the property,of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; 3. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; 4. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the sue of any apparatus, appliance, or materials furnished by Consultant under this agreement; and 5. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant's Services Agreement Page 10 Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Consultant. 15. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. At the ice quest of the City, ov.s u t -Aent shall pro a o— vrvtr €- 1 ity. �i 16. INSURANCE 10b Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile). Should the Consultant contract for any services of an individual or firm required to be licensed by the State of California, any such individual or firm shall be licensed and shall obtain errors and omission or malpractice insurance in a amount not less than $500,000 naming City of San Luis Obispo as an additional named insured for this project. A certificate of insurance showing City of San Luis Obispo as an additional named insured must be provided to the City prior to any such individual or firm commencing work on this project. Consultant's Services Agreement Page 11 17. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. No.discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Consultant's Services Agreement Page 12 If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct .from the amount payable to Consultant the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Consultant is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Consultant shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Consultant is found to have been in such noncompliance as damages for said breach of contract, or both. i Consultant's Services Agreement Page 13 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first above written. SANCHEZ TALARICO ASSOCIATES By s �,�LL� / �% CI SAN LUIS OBISPO -- \I 1 lia --.,'o-f i• =e l a ii i`e. C C. B1 ATTEST: City Clerk Pamela OVoges r �� � v /�� I "I I f.' i l i r L PROPOSAL FOCUSED ENVIRONMENTAL IMPACT REPORT MONTEREY STREET PLAN LINE CITY OF SAN LUIS OBISPO PREPARED FOR: CANDACE HAVENS ASSOCIATE PLANNER CITY OF SAN LUIS OBISPO COMMUNITY DEVELOPMENT DEPARTMENT 990 PALM STREET POST OFFICE BOX 8100 SAN LUIS OBISPO, CA 93403 -8100 PREPARED BY: SANCHEZ TALARICO ASSOCIATES 359 SAN MIGUEL DRIVE, SUITE 200 NEWPORT BEACH, CALIFORNIA 92660 (714) 640 -1700 OCTOBER 119 1985 ii TABLE OF CONTENTS INTRODUCTION........................... ............................... 1 TECHNICAL APPROACH ..................... ............................... 3 Understanding of the Project ........ .............•............••••• 3 General Approach and Philosophy 3 Specific Approach to the Project .... ............................... 4 SCOPE OF SERVICES ................ ............................... ... 5 Introduction ........................ ............................... 5 Notice of Preparation and Subsequent Notices ....................... 5 Environmental Impact Report ................ ..................... 6 Coordination With Interested Parties 10 Attendance at Meetings and Hearings ............ ............. 10 I Schedule of Performance and Deliverables 11 Study Milestones 11 PROJECT MANAGEMENT & QUALIFICATIONS .... ............................... 12 Sanchez Talarico Associates ..................................... 12 References ................. ............................... 14 ' Project Team ..... ••••••••••••••••• FEES.. .................................. ............................... 16 f'. i ATTACHMENT A 17 APPENDICES Appendix A - Sanchez Talarico Associates Appendix B - Weston Pringle Associates Appendix C - Mestre Greve Associates II I . i I I INTRODUCTION Sanchez Talarico Associates is pleased to submit this proposal for the provision of project management and environmental analysis necessary for j the Monterey Street Plan Focused Environmental Impact Report. This _ proposal provides the technical approach, cost, schedule, and team qualifications and experience for project management and the preparation of the Focused Environmental Impact Report (Focused EIR). We believe that the professionals in our firm are ideally suited for managing the preparation and processing of the Focused EIR for several key reasons. First, our staff has extensive knowledge of the major planning, environmental, and political issues which can affect the City of San Luis Obispo as it considers a major project such as the adoption of a new street j setback line on one of its major streets. Second, the principals of Sanchez Talarico Associates take pride in taking a "hands on" role in the firm's projects by assuming the role of Project Manager. We believe that in order to fully understand the complexities of a specific project and to perform essential management and coordination i tasks, direct participation by our firm's principals is imperative. As a j relatively small firm, we offer direct and immediate response to client l requests. Ae principals retain project management responsibilities throughout the �._ length of the project which provides for continuity and smoother processing. We are prepared to make the commitment that our two Principals /Project Managers, Annette Sanchez and Fred Talarico, will i. maintain constant and direct involvement throughout the project's duration. Annette Sanchez, Principal in the firm of Sanchez Talarico Associates, will be directly responsible for project management, preparation and processing of all environmental documentation, and organization and moderation of public presentations. Ms. Sanchez has extensive experience managing Environmental Impact Reports for road projects. She has prepared environmental documents for numerous road projects in the cities of Irvine, Tustin, Newport Beach, and Escondido and the County of Orange. These projects have included the following: EIS: Alton /I -5 Interchange and Irvine Center Drive /I -405 Interchange Modification, City of Irvine. EA /IS: Via Rancho Parkway /1 -15 Interchange Modification,-' City of Escondido. EA /EIR: Widening and Realignment of Moulton Parkway /Irvine Center Drive, City of Tustin. C, 2 EIS: Widening of Pacific Coast Highway, City of Newport Beach EIR: Foothill Transportation Corridor Route Location Study, County of Orange. i_ Fred Talarico, who will provide assistance on the project, also has had extensive experience while a staff member at the City of Newport Beach with several road improvement projects involving Federally funded and /or State highway road improvement projects. Third, Sanchez Talarico Associates has assembled a team of professionals j with extensive experience with those issues important to the successful completion of the proposed tasks. Our technical subconsultants all have extensive experience in local, state, and federal road improvement projects. All have worked with Ms. Sanchez on previous transportation projects. Fourth, we have completed two draft project environmental assessments within the past year. We are presently preparing an environmental assessment for a major interchange on the 405- Freeway in the City of San i Clemente. Fifth, we understand that the City's objective is to expeditiously prepare and process necessary environmental documentation in order to receive f approval of the project in a timely manner. We understand the importance of this roadway in relation to the City's circulation system and its relationship to development in the area. Our staff and subconsultants are prepared to serve as an extension of City staff in order to fulfill this objective. Sixth, we propose to prepare the EIR in a cost - effective manner within the t proposed schedule. The EIR will be turned in on time and all revisions will be made as requested. At all times, we will be responsive to the special needs of the staff and decisionmakers. i i i i - i i E` i i ' hl q TECHNICAL APPROACH UNDERSTANDING OF THE PROJECT The City of San Luis Obispo General Plan Land Use and Circulation Elements support the proposal to widen Monterey Street. The project will impact existing businesses and has created some controversy within the community. The widening may cause .significant adverse impacts on the environment and on the people who live and /or work in the area. Because of these facts the City has determined that a Focused Environmental Impact Report should be prepared. It is our understanding that at present no widening is proposed. The project will change the plan line. This change will then become the guide :' for future development. J fWt►ile existing businesses will not be, affected, the line will guide the redevelopment of the area. The Focused EIR must address the ultimate ground -to -plan effects of the project as required by the California Environmental Quality Act. Additionally, it must address the implementation of the project over a number of years. It is the City's desire to prepare the Focused EIR at this time so that new development may be required to incorporate possible mitigation measures. Additionally, the Focused EIR can incorporate a tiering concept to allow for implementation over a number of years, avoiding costly time delays and €xpenses. The Focused EIR must also examine various alternative locations for the street setback line. The clear understanding by the community that all possible alternatives were evaluated fairly is an important consideration in the CEQA process. GENERAL APPROACH AND PHILOSOPHY Our approach to preparing environmental assessments and land use planning documents could best be described by three key concepts: "Extension of Staff," "Problem- Solving," and "Legal Defensibility." The first concept, "Extension of Staff," expresses our desire to operate closely with the public a€�ency staff. It has been our experience that the only way to produce a document which contains an accurate and useful analysis is to develop a close working relationship with all interested staff members. Remaining strictly an "outside" consultant most often produces a document which does not adequately reflect the existing conditions, project issues, and planning goals of the jurisdiction. It is our primary goal to work productively with staff and its retained consultants to prepare a document that is accurate, useful, and cost-effective. 4 The second concept, "Problem - . Solving" ,represents what we believe should be the true value of the environmental process. The real benefit of the environmental process is its ability to modify a project so that it reflects the desire of the agency staff, decisionmakers, and community. Formulating and evaluating mitigation measures should serve as a mechanism for problem solving. Measures should be specifically tailored to the unique problems of the project and its environs. Therefore, the evaluation, recommendation, and incorporation of mitigation measures and alternatives are very important to the successful development of a project and its ultimate success in the political arena. The third concept, "Legal Defensibility," is often a very important concept to an agency engaged in large -scale sensitive and controversial projects. We take pride in our knowledge and experience related to preparing and processing environmental documents that discourage and /or withstand legal challenge. There is no greater frustration than to complete a lengthy and controversial political and planning process only to lose a project in the courts. We prepare and process an EIR which meets every requirement of CEQA and all recent court interpretations of CEQA. We also make sure that all supporting documents in the public record are sufficient to withstand a legal challenge. SPECIFIC APPROACH TO THE PROJECT We propose to prepare a Screencheck, Draft EIR, and Response to Comments/ Final EIR with all supporting documents in accordance with CEQA, State CEQA Guidelines, and the City's adopted procedures for the implementation of CEQA. We will utilize, to the fullest extent possible, any planning/ _ engineering studies coverigg'the _project_+- x v: We will provide an environmental analysis which will discuss all potential adverse impacts, both project - related and cumulative. We will prepare a thorough and comprehensive EIR which will identify and resolve contro- versial issues. The City will be assured that all legitimate issues have been thoroughly examined and mitigated to the fullest extent feasible. Working with City staff -, we will develop mitigation measures which will allow the.City to meet its objectives. The project manager will be Ms.. Annette Sanchez.. She will be assisted by Mr. Fred Talarico. Ms. Sanchez will be responsible for the preparation of the EIR and all related notices and documents. We are extending a firm commitment to the City of San Luis Obispo that she will be the "hands -on" project manager and contact.person. The project will not be shuttled off to a subordinate with the manager never heard from after the initial scoping sessions. We are willing to make this commitment in recognition of the sensitive nature of the project. 1 • 5 SCOPE OF SERVICES INTRODUCTION As we propose the scope of services, there are five basic tasks. These tasks are as follows: ° Notice of Preparation and Subsequent Notices ° Preparation of Environmental Impact Report ° Preparation of Responses to Comments ° Coordination with Interested Parties ° Attendance at Meetings and Hearings We also understand that it is of the utmost importance to prepare an environmental document and support material which: 1. meets all requirements and recent court interpretations of CEQA; 2. identifies and analyzes all important issues in a responsible and comprehensive manner; 3. recommends a comprehensive package of mitigation measures which will resolve controversial issues; 4. provides for efficient use of City -staff time; _ 5. is.reflective of City policies and goals; - 6. is prepared in a timely and cost - effective manner. Our team is prepared to assign staff and resources sufficient to implement the scope of services from contract authorization to plan approval.. We have sufficient staffing and production capabilities for all work tasks. The following is a discussion of our understanding of the five major work tasks . NOTICE OF PREPARATION AND SUBSEQUENT NOTICES We will prepare and distribute the Notices of Preparation, Completion, and Determination. We have assumed that City staff will take responsibility for posting the Notice of Determination and filing the notice with the County. - n a�i' ENVIRONMENTAL IMPACT REPORT GENERAL J - The Focused EIR will address the range of environmental topics required by the California Environmental Quality Act (CEQA) and the City of San Luis Obispo. The document will be prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines for the Implementation of the California Environmental Quality Act of 1970 as amended, and appropriate City policies. In addition to the importance of the thoroughness of the evaluation, we understand that the document must be easily understood by decisionmakers and laypersons. We plan to rely heavily on clear and informative graphics which will illustrate the findings of the study. We propose to prepare clear and concise summaries of both "Impacts, Mitigation, and Level of Significance After Mitigation" and "Alternatives." We also propose to prepare separate summaries of "Unavoidable Adverse Impacts," "Insignificant Impacts," "Cumulative Impacts," and "Applicable City Policies, Requirements„ and Mitigation Measures." The following discussion provides the EIR with regards to general methodology, and assumptions to be GENERAL SUMMARY OF IMPACTS /MITI SUMMARY OF ALTERNATIVES a brief description of each section of content, key issues, level of detail., used in our analysis. 3ATION MEASURES /LEVEL OF SIGNIFICANCE; Two summaries will be provided in front of the main text of the EIR. The General Summary provides the reader with a brief description of all potential impacts, recommended mitigation measures, and the resulting level of significance after mitigation. The Summary of Alternatives compares the impacts of all alternatives. INTRODUCTION The Introduction section briefly describes the project location, previous environmental documentation and background for the proposed project area, format and content of the EIR, and contact persons for the proposed project.' PROJECT DESCRIPTION This section will describe the location and characteristic of the proposed project.. The section will identify the project proponent and other key contacts, define the purpose and objectives of the project, and list the applicable discretionary actions. DESCRIPTION OF LOCAL AND REGIONAL LAND USES RELATING TO THE PROJECT The intent of this section is to give the reader a brief overview of the development and planning activities for the area. The section will briefly describe existing land uses and applicable land use plans for the project site and surrounding area. The section will also list and illustrate the location of approved and proposed projects in the planning area. We will discuss development proposals for property in the area, planning programs affecting the project site and its vicinity, and infrastructure improve- ments planned or under construction which would provide service to the area. ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION MEASURES Land Use /Aesthetics The land use and aesthetic impacts of the project will be analyzed by Sanchez Talarico Associates. It is anticipated that the project will have an adverse impact on land uses with the corridor. Anticipated changes will be identified. The severity of the changes will be evaluated. Additionally, the ability of the project to influence land use changes will be discussed. We will discuss the relationship of the project to surrounding existing and planned land uses. The relationship of the project -to all applicable City plans "and programs will be discussed. An outline of existing land use regulations related to the project will be prepared with the assistance of the Community Development Department. The effects of the change of setback line will be evaluated in terms of the Zoning Code. The actual impact on potential development on sites will be discussed in a general manner so as to allow for meaningful comparison. Finally, construction - related effects will be analyzed within this and all other applicable section of the Focused EIR. Issues which will be covered include the length of time for conversion to the new setback line, construction noise, temporary construction equipment fumes and emissions, dust, energy consumption, and effects of detouring on existing traffic conditions. Transportation,. Circulation, and Parking The complete scope of services for the traffic study is included in Appendix A. Briefly, the study will involve the following three tasks. The first task will include assemble of all available data pertinent to the study area. This will include previous studies, widening proposals, right -of -way maps, existing and projected traffic volumes, City land use and circulation plans, and similar data. A field review will be accomplished to familiarize the traffic engineer with the study area. '. r r� u N q The second task will be to quantify existing traffic conditions. It is anticipated that volume /capacity comparisons could be utilized to indicate current Levels of Service. Future conditions would also be evaluated utilizing projected traffic volumes. Consideration will be give to potential diversions of traffic to parallel routes due to lack of capacity on Monterey Street. Construction impacts on bicycle and pedestrian traffic and other related factors will be analyzed. The third major task will be the evaluation of parking demands and supplies. This would be accomplished based upon a review of available data. The potential impacts of the loss of parking due to street widening program will be identified. Mitigation measures will be proposed related to the impacts on both a long term and interim basis. The level of significance of project impacts after mitigation will be noted. Noise The acoustical engineering firm of Mestre Greve Associates will conduct the noise study for the project. Existing and future noise contours will be calculated based on roadway noise. These will be presented in both a graphic and tabular format. Noise impacts from traffic on adjacent land uses will be fully analyzed. The incremental increase in noise levels generated by project - related traffic will be quantified and discussed in relation to existing and expected future noise levels. Short -term construction noise impacts will also be addressed. Mitigation measures will be analyzed and recommended to alleviate any long -term or short -term noise impacts. The analysis will assess the existing noise environment through a comprehensive noise measurement and modeling survey, project future noise levels based on traffic volimmes, speeds, and mix characteristics, and determine any potential impacts due to the project. Noise level projections (with and without the project) will take into account any existing barriers along the route. The analysis will be conducted in both CNEL and LEQ (Federal) noise scales. Ultimate noise levels will be discussed- in terms of local, state, and federal noise standards. If necessary, mitigation measures will be identified for areas exceeding noise standards. Public Services Sanchez Talarico Associates will contact all utility and public service agencies which will serve the project site. The ability of these agencies to provide the site with adequate service will be discussed. In addition, any potential adverse impacts to existing and future levels of service will be analyzed and mitigated. -� a 9 ALTERNATIVES The F.iR will address alternatives to the proposed project- We will discuss No- Developm�4t alternative and up to two design alternatives. We will aiso discuss "up to two additional alternatives at the City's discretion. The primary purpose alternatives determine if any uldavoidpotent al significant unavoidable drseimpactsothe project. GROWTH- INDUCING IMPACTS The project's potential to induce growth in the surrounding area will be carefully analyzed. Certain improvements wn associated the ar area to the develop project their may improve the ability of p r p Y parcels. LONG -TERM IMPLICATIONS OF THE PROPOSED PROJECT "The Relationship Between Local Short -Term Uses of Man's Environment and the Maintenance and Enhancement of Long -Term Productivity" and "Significant Irreversible Change Which Would be Involved in the Proposed Action Should It Be Implemented" will be discussed. According to CEQA, these two sections will discuss the following- First, "Describe the cumulative and long -term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long -term risks to health or safety..." Second, "Uses of non - renewable. resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or non -use thereafter unlikely. Primary impacts and, particularly, secondary impacts - -• generally commit future generations to similar uses... Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified." (Section 15126.f) INVENTORY OF UNAVOIDABLE ADVERSE IMPACTS OF THE PROPOSED PROJECT SUMMARY OF IMPACTS FOUND NOT TO BE SIGNIFICANT We will prepare a summary of all unavoidable adverse impacts associated with implementation of the proposed project. This summary will provide the necessary data for preparation of the Statement of Findings and Facts in Support of Findings. We will also prepare a summary of those impacts which determined were through Initial Study and/or insignificantandthose impactswhichweredeterminedetoebe mitigablettoha level of insignificance. 10 INVENTORY OF CUMULATIVE IMPACTS J This section will analyze the possible cumulative adverse impacts on the area resulting from implementation of the proposed project in conjunction will other past, present.,, and reasonably foreseeable projects. Specific attention will be paid to projects approved or proposed in the area adjacent to Monterey Street. Emphasis will be on issues such as traffic, noise, and public services. SUMMARY OF APPLICABLE MITIGATION MEASURES In addition to the discussion of applicable mitigation measures presented in each environmental topic section, we will compile a summary list of all proposed mitigation measures for the project. COORDINATION WITH INTERESTED PARTIES Given the scope and sensitivity of the project, coordination with the City staff, responsible and interested agencies, project applicant, and local interest groups is critical. This coordination will be very important in identifying all issues, alternatives, and feasible mitigation measures early in the process. We are committed to working in a team effort with the City staff. We propose to prepare regular progress /status reports and to attend any necessary project team meetings during preparation of the Screencheck and Draft EIR. We intend to communicate with interested agencies in writing and, where appropriate and necessary, in person. Any unresolved issues communicated by agencies in response to the Notice of Preparation will be immediately followed up and resolved. ATTENDANCE AT MEETINGS AND HEARINGS Ms. Annette Sanchez, Project Manager, will attend two public hearings (City Council and Planning Commission). Where appropriate, Mr. Fred Talarico and /or support staff members and technical subconsultants will also attend. CD 11 SCHEDULE OF PERFORMANCE AND DELIVERABLES The proposed schedule for preparing the EIR and related documents is provided on Table A. We are prepared to complete the scope of work within the proposed timeframe. The following is a list of deliverables with the number of copies we propose to provide. Deliverables Number of Copies Draft Notice of Preparation 1 copy Final Notice of Preparation 1 copy Screencheck Focused EIR 5 copies Draft Focused EIR 20 copies Notice of Completion 1 copy Response to Comments /Screencheck 5 copiesl Revised Response to Comments /Final EIR 20 copies Notice of Determination 1 copy 1 Also included will be one reproducible master for making additional copies. menra e TENTATIVE PROPOSED SCHEDULE STUDY MILESTONES The following project schedule indicates the proposed schedule for preparing and processing the Screencheck and Final EA /IS. This schedule assumes contract award and execution by October 28, 1985. Kickoff meeting with project team and field review Completion of Screencheck EIR and related documents Completion of review of documents by City staff Consultant prepares revisions to EIR Notice of Completion /Draft EIR to State Clearinghouse Draft EIR State Review Period Ends Consultant completes Responses to Comments /Final EIR Public hearings Oct. 28, 1985 Nov. 29, 1985 Dec. 6, 1985 Dec. 12, 1985 Dec. 15, 1985 Jan. 16, 1986 Jan. 249 1986 February -March 1986 12 PROJECT MANAGEMENT AND QUALIFICATIONS SANCHEZ TALARICO ASSOCIATES Sanchez Talarico Associates will provide overall project coordination for the tasks involved in the proposed project. Ms. Annette Sanchez, Principal, will serve as Project Manager. Ms. Sanchez will be responsible for the management and supervision of the consultant team and will coordinate all consultation with the local, state, and federal agencies. If requested, she will also coordinate and moderate all public meetings during the preparation and processing of the Environmental Impact Report. Ms. Annette Sanchez has over six years experience in environmental and land use planning. She has worked as a consultant providing environmental impact assessment services to numerous public agencies and private firms. Her expertise is in the management of multi - disciplinary project teams designed to provide impact assessments and feasibility studies. She has extensive experience preparing environmental assessments in Orange, San Diego, Los Angeles, San Bernardino, and Ventura counties. Ms. Sanchez has prepared numerous documents related to roadway widenings and. realignments, construction of interchanges, and selection of freeway routes. She has thorough knowledge of the general area, similar type improvement projects, expected environmental and political issues, and environmental procedures and review process. Ms. Sanchez's resume is included in the appendix to this proposal. The following is a list and brief description of the transportation improvement projects for which she has served as Project Manager. Foothill Transportation Corridor Route Selection EIR, County of Orange. The EIR analyzed the potential impacts for a 23 -mile long segment of the proposed Foothill Transportation Corridor. Issues included impacts on oak woodland and riparian habitat, significant archaeological sites, historic sites, noise impacts on adjacent residential areas, visual impacts, loss of agricultural operations, geologic stability, floodplain encroachment, compatibility with existing and proposed water storage reservoirs, impacts on arterial streets, impact on proposed regional parks, and landform alterations. Via Rancho Parkway Interchange Modification Environmental. Assess meat /FONSI, Escondido. The project included the widening of an existing interchange and ramps, and construction of a new frontage road and. flyover bridge to serve a developing regional shopping center. Major issues included visual impacts, noise and traffic impacts on nearby residential areas, and archaeological and historic resources. 13 Alton Parkway /I -5 and Irvine Center Drive /I -405 Interchanges Project EIR EIS, Irvine. The project included the construction of a new interchange and widening and reconfiguring of an existing interchange in the Gold Triangle area of Irvine. Issues involved the potential for growth - inducement, loss of agricultural lands, utility relocation, and regional traffic concerns. Pacific FAU .iuenl.ng or Pacific Coast Highway f r gutter, bike lanes, parking (in improvements. The project study area to Newport Boulevard. Major issues homes and several businesses, citizen in an established strip commercial ar e Irvine Center Drive /Moulton Parkwa, Project Environmental Assessment EIR, f I� ojec_t EIR /EIS, Newport Beach. The om four to six lanes with curb, some sections), and sidewalk extended from MacArthur Boulevard were noise, removal of 23 mobile Opposition to removal of parking a, and air quality. Tus FAU o rvins Center four to s Drive Moulton Parkway from a two -lane facility to na ix lane facility from a point just east of Redhill Avenue in Tustin to Culver Drive in Irvine. The project also included a significant realignment of the road through the northeast corner of the Marine Corps Air Station (H), Tustin. Major issues included coordination with the Marine Corps, encroachment into the Peters Canyon Wash floodplain, effects on wetlands, indirect impacts on an archaeological site, noise impacts on adjacent residential areas, and construction phasing and detour plans. Harvard Avenue /I -405 Overcross Irvine. The project included construct,, San Diego Freeway in the City of Irvine. noise and air quality impacts on adjacent Padua Avenue and Towne Avenue FAU WU Assessments C1 ironmental Assessment /FONSI, >n of an overcrossing of the The principal issues included residential areas. is Envi , aremont. The project includes widening two roadways from two -lane facilities to four -lane facilities, improving intersection geometrics, and signalizing the intersections with Baseline Road. The project involves two historic properties which are eligible for nomination to the National Register of Historic Places and requires a 4(f) Statement. Other issues include removal of a significant stand of palm trees, utility relocation, and noise. Mr. Fred Talarico, Principal, will provide assist i environmental assessment. He has land and environmental planning. of Newport Beach and the County Sanchez Talarico Associates, he Project Planner for the City of capacity he was responsible for t' ante n preparing the over 14 years experience in the field of Mr. Talarico has worked for both the City of Orange. Prior to the formation of served as Environmental Coordinator and Newport Beach for five years. In that ie preparation, review, and processing of 14 environmental documents for all projects processed through the City. Among these were several public improvement projects involving a variety of responsible agencies. In this capacity as Environmental Coordinator/ Project Planner, Mr. Talarico supervised the preparation of environmental and planning analyses for such transportation projects as: Jamboree Road Widening Environmental Assessment /Negative Declaration. The project included widening Jamboree Road from Eastbluff Drive to Ford Road and construction of a noise wall along one side of Jamboree Road. Issues involved noise and air quality impact. and construction impacts. MacArthur Boulevard Widening Negative Declaration. The project included widening MacArthur Boulevard from Bison Road to Ford Road. Issues included noise, air quality, temporary construction impacts on water quality, and utility relocation. or Avenue /Pacific realignment and widenin Highway. Major issues impacts, paleontological water quality impacts. REFERENCES Coast Highway Intersection_ Modification, Road ant. The project included a significant of Superior Avenue inland of Pacific Coast included grading, detour and construction resources, short -term air quality impacts, and We believe that first -hand conversati us are the most valuable source capabilities and our ability to cost - effective manner. Ms. Sanchez working relationships with all th encourage you to contact them. Ms. Sue McCullough Environmental Planner Caltrans District 7 (213) 620 -3758 on with persons who have worked with of insight about of produce reports in and Mr. Talarico have e individuals listed professional a timely and developed good below and we Mr. Phil Broughton City Traffic Engineer City of Escondido (619) 741 -4651 Mr. Don Webb Ms. Joan Rus City Engineer Planning Director City of Newport Beach City of Ojai (714) 640 -2261 (805) 646 -5581 15 PROJECT TEAM WESTON PRINGLE ASSOCIATES Weston Pringle. and Associates will prepare study for the proposed project. The firm private clients in traffic and transportation and design. The firm has completed a wide traffic analysis, including on and off street major activity of the firm. the traffic and circulation has served both public and planning, operations; safety, variety of studies. Project potential impacts, has been a Weston Pringle and Associates has prepared traffic studies throughout Southern California. Traffic studies for the Victoria Community Plan in Rancho Cucamonga, Rancho Carillo Master Plan in Carlsbad, Newport Center in Newport Beach, Corona Expressway in Pomona, and the County of San Diego Regional Centers Traffic Analysis demonstrate the firm's well rounded experience. MESTRE GREVE ASSOCIATES Mestre Greve Associates the widening project. T engineering consulting studies in conformance studies for all of the Talarico Associates. (MGA) will prepare the technical noise study for [estre Greve Associates is a full service acoustical firm with extensive experience preparing noise with FHWA guidelines. The firm prepared noise environmental studies listed above under Sanchez In addition, they have prepared noise studies for the University Drive Widening between Culver Drive and I -405, Irvine; Yale /I -5 Overcrossing, Irvine; Jeffrey/I-5 Interchange, Irvine; Beach Boulevard Railroad Overpass, Buena Park; First Street Widening, Tustin; Newport Avenue Extension, Tustin; Eastern Corridor Route Selection Study, County of Orange; I -5 Widening between I -605 and I -405, Orange County Transportation Commission; and, Sand Canyon /I -405 Interchange, Irvine. 17 ATTACHMENT A PROPOSED FEE AND COST BREAKDOWN Sanchez Talarico Associates will complete the Scope of Services for a not -to- exceed budget of $22,455.00. We will bill monthly on a time and materials basis. Each invoice will contain a description of services performed during the billing period. The following provides an overall budget summary by task. ENVIRONMENTAL IMPACT REPORT SC1REENCHECK EIR I (Management and Analysis $4,680.00 Technical Studies: Traffic Study $5,400.00 Noise Study 3,500.00 8,900.00 Graphics 500.00 Word Processing 400.00 Printing 250.00 Expenses 250.00 REVISED SCREENCHECK AND DRAFT EIR Management, Analysis, and Revisions 19550.00 Word Processing 400.00 Graphics 100.00 Printing 10600.00 Phones, Mileage, Delivery 200.00 RESPONSE TO COMMENTS AND FINAL EIR Management and Analysis 19400.00 Word Processing 400.00 Printing 75.00 Expenses 100.00 Subtotal Environmental Impact Report: $14,980.00 3,850-00 1,975.00 $20,805.00 r., 18 BELATED DOCUMENTS Notices Notice of Preparation Notice of Completion Notice of Determination Subtotal Belated Documents: HEARINGS AND MEETINGS Public Hearings 1 TOTAL: 500.00 100.00 50.00 J 650.00 1,000.00 $22,455.00 lAssumes attendance of project manager at one City Council meeting and one Planning Commission, hearing. Additional meetings will be billed at - $500.00 per hearing for the project manager and $600.00 per hearing for the.traffic engineer. APPENDIX o7 APPENDIX A SANCHEZ TALARICO ASSOCIATES ;anchez talar ic0 sn eental impact analysts de lopment processing mmm,, J %DlaontnQ rmotucs anti pmfect associates ANNETTE SANCHEZ PRINCIPAL SANCHEZ TALARICO ASSOCIATES Ms. Sanchez is co -owner and principal of Sanchez Talarico Associates. The firm is a multi - disciplinary firm specializing in environmental impact assessments, community planning, resource and project management, preparation of specific area plans, zoning administration and development processing. Ms. Sanchez is responsible for the administrative and financial management of the firm. She serves as project director for environmental assessments, entitlement -to -use processing and land development feasibility studies. PREVIOUS PROFESSIONAL EXPERIENCE LARRY SEEMAN ASSOCIATES., INC. July 1979 - January 1984 Ms. Sanchez served as an Associate/Project Manager at LSA. She was responsible -for management of large multi - disciplinary project teams in charge of environ- mental impact assessments and land .use:, development feasibility studies for commercial, industrial, residential, office and public works projects. Responsibilities included project organization, client /public agency liaison, coordination and review of technical staff input and processing of environmental documents and permit applications. CITY OF IRVINE Community Development Department December 1978 - July 1979 Ms. Sanchez served as a planning intern for the Advance Planning Division. Responsibilities included coordinating two Community Development Block Grant housing programs involving the disbursement of $360,000 in Federal funds, serving as City liaison to the Irvine Equestrian Committee, representing the City on the Orange County Housing Authority Advisory Committee, conducting research and analysis related to implementation of the City's housing element and coordinating the City's housing request line and low- income housing list. GRADUATE SCHOOL OF MANAGEMENT University of California, Irvine, 1978 Ms. Sanchez served as Research Assistant responsible for original research and data collection for a federally funded research project designed to analyze the impact of California's Proposition 13 on the ability of local governments to finance long -term capital. EDUCATION M.B.A., University of California, Irvine, 1980. B.A., Social Ecology, University of California„ Irvine, 1977. PROFESSIONAL AFFILIATIONS Association of Environmental Professionals American Planning Association 359 san miguel dr. suite 200 newport beach ca 92660 714 640 -1700 ancheztalarico e, &,tal Impact onalpzlz de lopment pmcealnp comm�.plannln0 resource and project associates FRED TALARICO PRINCIPAL SANCHEZ TALARICO ASSOCIATES Mr. Talarico is co -owner and principal in the firm of Sanchez Talarico .Associates. The firm is involved in all aspects of the planning and development process serving both governmental agencies and private entities. The firm specializes in environmental impact analysis, community planning, resource and project management, preparation of specific area plans and zoning administra= tion. The firm is a multi - disciplinary firm with a staff whose professional planning education is complemented by individual experience in both the govern- mental and private sector. Mr. Talarico has a working knowledge of State Law pertaining to planning and particularly with the Subdivision Map Act, the Coastal Act, the California Environmental Quality Act and the Mello Bill. Mr. Talarico is specifically responsible for the preparation of general plans, specific area plans, planned community developments, environmental analysis, entitlement -to -use processing and marketing. PREVIOUS PROFESSIONAL EXPERIENCE CITY OF NEWPORT BEACH September 1974 - January 1984 Mr. Talarico exercised general administrative responsibilities and participated in both current and advanced planning functions. He participated in the preparation of major elements of the General Plan, Specific Area Plans, Environmental Analysis, major ordinance revisions and subdivision evaluation. He served as staff liaison to several citizen's committees. He was responsible for review and recommendations on major development proposals including planned residential communities and regional commercial and office complexes. He was responsible for the implementation of CEQA and served on Technical Advisory Committees for Upper Newport Bay Ecological Reserve and the 208 Planning Program. Additionally, he served as .alternate member of the Newport Irvine Waste Management Agency Board of Directors, the Orange County Air Quality Planning Committee, Master Facilities Plan and the ANCLUX Advisory Group for the John Wayne Orange County Airport. COUNTY OF ORANGE November 1971 - September 1974 Mr. Talarico .served on the Initial Training Program dealing with a variety of planning concerns. He was involved with land use regulations, growth policy and development strategy, area plans, community plans, general plan elements and special projects. He also served as staff liaison to several appointed committees for policy plan preparation. EDUCATION B.A., Political Science., California State University at Los Angeles, 1968. PROFESSIONAL AFFILIATIONS Association of Environmental Professionals. I Director, Natural History Foundation of Orange County. 359 San miguel dl. suite 200 newport beach ca 92660 714 640 -1700 Sancheztalarico manta Impact analysis Cevelopmml prxesunQ cam. ��9;laming n wwm ®Q pro�ecl management associates ................. DANA C. PRIVITY ASSISTANT PLANNER SANCHEZ .TALARICO ASSOCIATES Ms. Privitt is an assistant planner for Sanchez Talarico Associates. The firm is a multi - disciplinary firm specializing in environmental impact assessments, community planning, resource and project management, preparation of specific area plans, zoning administration, and development processing. Ms. Privitt assists in preparing environmental assessments, entitlement -to -use processing, and land development feasibility studies. PREVIOUS PROFESSIONAL EXPERIENCE LARRY SEEMAN ASSOCIATES, INC. July 1980 - April 1984 Ms. Privitt served as an Environmental Analyst at LSA. She assisted in preparing environmental impact assessments, land use studies, and historic resource inventories. Types of projects included large -scale planned communities, hotel, office and commercial developments in Orange, San Bernardino, Los Angeles and Kern Counties. Responsibilities included research and data collection, application of environmental data to the planning process, client /public agency liaison and preparation of environmental documents. CITY OF NEWPORT BEACH Planning Department June 1979 - July 1980 Ms. Privitt served as an intern in the City Planning Department. While at the city, she reviewed environmental impact assessments and prepared initial studies. She gained valuable experience related to general plans and conducted research on energy conservation programs applicable to new developments. .Responsibilities included research and data collection, coordination with public agencies, and review and critique of environmental documents. EDUCATION B.A., Social Ecology, University of California, Irvine, 1983. PROFESSIONAL AFFILIATIONS and PUBLICATIONS Member, American Planning Association. Member, National Trust for Historic Preservation. Member, Los Angeles Conservancy. Contributing author, An Architectural /Historical Survey of the Studfos, prepared by Roger G. Hatheway and Associates for UCLA Extension, March 1983, unpublished. 359 san miguel dr. suite 200 newport beach ca 92660 714 640 -1700 ancheztalaric0 GAGntal impact analylls d. lapmsnt prn .Jng eommu _ planning TOSMd and prclsct associates DEBRA DIXON ASSISTANT PLANNER SANCHEZ TALARICO ASSOCIATES Ms. Dixon is an assistant planner for Sanchez Talarico Associates. The firm is a multi - disciplinary firm specializing in environmental impact assessments, community planning, resource and project management, preparation of specific area plans, zoning administration and development processing. Ms. Dixon has been with the firm since it was founded. She serves as an assistant to project managers in the preparation of environmental assessments, entitlement -to -use processing and land development feasibility studies. Her responsibilities also include compiling and analyzing data. Ms. Dixon is working on commercial /office, industrial and residential studies, land use reports, and environmental assessments. Her recent responsibilities have included assimilation of information for and coordination of information for private and public clients. Ms. Dixon has a working knowledge of land use survey techniques, mapping, energy regulations, State requirements on notice and CEQA public participation requirements. Additionally, she has served as a liaison between project management and utility purveyors. EDUCATION B.A., Geography /Environmental Studies, Dominguez Hills, CA, 1984. PROFESSIONAL AFFILIATIONS Association of Environmental Professionals American Society of Photogammetry American Association of Geographers California State University, 359 san miguel dr. suite 200 newport beach ca 92660 714640-1700 anchez talarico eavti \ ental tmpaet mtalpslr CeeloDmaat y[oesastaQ trommi jlmmtnQ rs.ourm mtC project mmtcQsatieat associates KELL HORTON RESEARCH ANALYST SANCHEZ TALARICO ASSOCIATES Mr. Horton is a research analyst for Sanchez Talarico Associates. The firm is a multi - disciplinary firm specializing in environmental impact assessments, community planning., resource and project management, preparation of specific area plans, zoning administration, and development processing. He serves as an assistant to project managers in the preparation of environmental assessments, entitlement -to -use processing, and land development feasibility studies. His reponsibilities also include compiling and analyzing data. Mr. Horton is working on commercial/ office, industrial and residential studies, land use reports, and environmental assessments. Mr. Horton has participated in research on and abatement, and an onsite comparative States, Europe, and the Middle. East. PREVIOUS PROFESSIONAL EXPERIENCE environmental cognition, noise impact analysis of new towns in the United CITY OF IRVINE PLANNING COMMISSION 1983 Mr. Horton served as a research assistant to Irvine Planning Commission Chairman, Dr. Ray Catalano. His responsibilities included analyzing City Planning Staff reports, reviewing the fiscal and political aspects of these reports, and regularly attending Planning Commission hearings. EDUCATION Masters, Urban and Regional Planning, California State Polytechnic University, Pomona, in progress. B.A., Social Ecology /Urban Planning, University of California, Irvine, 1983. PROFESSIONAL AFFILIATIONS American Planning Association National Association of Housing and Redevelopment Officials 359 san miguel dr. suite 200 newport beach ca 92660 714 640 -1700 APPENDIX B WESTON PRINGLE AND ASSOCIATES 1 �J TRAFFIC & TRANSPORTATION ENGINEERING October 8, 1985 Mr. Fred Talarico Sanchez - Talarico Associates 359 San Miguel Drive, Suite 200 Newport Beach, CA 92660 Dear Mr. Talarico: We are pleased to submit this proposal to provide professional traffic engineering services for a study of circulation and parking factors related to the widening of Monterey Street in the City of San Luis Obispo. This proposal is based upon infor- mation provided by the City and our understanding of the needs of the study. In general, the work would consist of analyzing the circulation and parking factors as required for inclusion in a focused EIR for the project. Existing conditions, previous studies and other data would be reviewed to provide a basis for the study. Analyses would be completed to identify potential impacts and develop recommendations for mitigation. We would coordinate our work with you and other members of the EIR consultant team. A report would be prepared sum- marizing our finding and recommendations. We would envision the following specific tasks to be required for this study. 'ASK 1 - DATA COLLECTION We would assemble all available data pertinent to the study. This would include previous studies, widening proposals, right -of =way map, existing and projected traffic volumes, City Land Use and Circulation plans and similar data. We would meet with City Staff to review the study and obtain data. A field review would be made to familiarize ourselves with existing conditions in the study area. It is not anticipated that field data col- lection, such as traffic counts and parking inventories, would be required. TASK 2 - CIRCULATION AND ANALYSIS Based upon available data, existing traffic conditions would be quantified. It is anticipated that volume /capacity comparisons could be utilized to 2651 EAST CHAPMAN AVENUE • SUITE 110 • FULLERTON, CALIFORNIA 92631 • (714) 871 -2931 J -2- determine current Levels of Service. Future conditions would also be evaluated utilizing projected traffic volumes and similar methodologies. Consideration would also be given to potential diversion of traffic to parallel routes due to lack of capacity on Monterey Street. Construction impacts, bicycle and pedestrian traffic and other related factors would also be reviewed. Potential problem areas would be identified and miti- gation measures recommended as may be required. TASK 3 - PARKING ANALYSIS Parking demands and supplies would be reviewed from available data. Poten- tial impacts of the loss of parking due to the street widening program would be identified. Methods of mitigating these parking impacts would be reviewed on both an interim and long term basis. Potential interim mitigation would be joint use of off - street areas, use of side streets, temporary off - street parking on vacant parcels and other methods. Long term mitigation considerations would include off- street parking require- ments, potential joint use facilities, off - street parking district and similar methods. TASK 4 - REPORT AND MEETINGS A report would be prepared summarizing our findings and recommendations. The report would contain the required supportive data and be suitable for inclusion in the EIR. We would meet with City Staff and others to initiate the study. Attendance at one (1) public hearing is also included as a part of this proposal. We would be prepared to begin work on this study upon receipt of authorization. It is anticipated that approximately four (4) weeks would be required to complete the study. Our fee for the work outlined in this proposal shall be based upon personnel charges plus direct expenses as indicated in our Standard Rate Schedule, a copy of which is attached and made a part hereto. In no case would the total -3- fee exceed $5,400.00 without prior approval from you or your representative. Since it is not possible at this time to estimate the time required for addi- tional meetings and /or presentations concerning this project not mentioned in this proposal, our staff would be available with the fee based upon our Rate Schedule in addition to the previously stated maximum. The additional work shall be conducted when requested by you or your representative. Weston Pringle and Associates is a consulting firm providing traffic and transportation engineering services. The firm has served both public and private clients in traffic and transportation planning, operations, safety and design. A majority of the work has been performed in the southern Cal- ifornia area. The firm has completed a wide variety of studies as indicated in the enclosed partial list of assignments. Project traffic analysis, including on and off - street need and potential impacts, has been a major activity of the firm. We have worked with governmental agencies, developers, architects, and others in the production and review of specific projects. The firm has also been active in the design of traffic signal installations and other operational features. Mr. Weston S. Pringle, P.E. is the firm principal and is involved in all assignments. He has conducted traffic studies in the San Luis Obispo area in the past including the TOPICS study and several traffic impact studies. This previous work provides a familiarity with local conditions. Mr. Pringle has over 25 years of experience in traffic engineering. A resume of his back- ground and experience is enclosed for further information. This letter can serve as a memorandum of agreement and our authorization to - proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this most interesting project. Respectfully submitted, WESTON PRINGLE & ASSOCIATES Weston S. Pringle, P.E, WSP:bas CONTRACT APPROVAL Approved by: Title: Firm: Date.:. TRAFFIC & TRANSPORTATION ENGINEERING iSTANDARD RATE SCHEDULE ' Effective September 1, 1985 1 Professional Staff Hourly Rates Firm Principal $ 80.00 Senior Engineer 60.00 Associate Engineer 40.00 Assistant Engineer 25.00 Support Staff Engineering Draftsman $ 25.00 Field Supervisor 15.00 Secretary 10.00 Clerical, Field Enumerator 10.00 rGeneral ' 1. Travel, reproduction, telephone, supplies, and other non -wage direct costs are billed at cost plus ten (10) percent. 2. Hourly rates apply to travel in addition to work time. 3. Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable within 30 days of receipt. Any invoices unpaid after 45 days shall have a service charge added at a rate of 1.5 percent per month (or maximum permitted bylaw) on the unpaid balance. t 4. Compensation for services performed will not be contingent upon the necessity of client to receive payment from other parties. Any contro- versy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgement upon the reward rendered by the arbitration may be entered in any court ' having jurisdiction thereof. 5. These rates are based upon procedures and methods outlined in the ' American Society of Civil Engineers' Manual on Engineering Practice Number 45. WSP:bas 1 9fi51 FAST r.HAPMAN AVFNIIF • SUITF 1 1n . FULLERTON. CALIFORNIA 92631 • (714) 871.2931 ' WESTON STEWART PRINGLE Registered Professional Engineer: State of California Fellow, Institute of Transportation Engineers; Member, American Society of Civil Engineers; President, Southern California Section, Institute of Trans- portation Engineers; President, Western District, Institute of Transportation Engineers; Delegate. Program Developmetn Conference, Institute of Transportation Engineers; Member, Special Publications Committee, Institute of Transportation Engineers; Senior Editor, "Technical Notes ", Institute of Transportation Engineers; listed in "Who's Who in Engineering" and Who's Who in the West." Institute of Transportation Engineers Technical.Committee Activities: Parking Facilities for Industrial Plants; Traffic Improvement Data Collection Guidelines; and Traffic Characteristics and Considerations for Tommorrow's Airports. ' Mr. Pringle has had a varied experience in both the planning and operational fields of traffic engineering. Some of the projects with which he has been involved include: Transportation Planning — circulation and transportation elements of general plans for cities; freeway location and, impact studies; access, circulation and parking systems for industrial plants, airports, central business districts, colleges, shopping centers and other developments; traffic impact analysis for environmental impact reports. Traffic Operations - TOPICS areawide plan studies for eleven cities; traffic signal and traffic signal system design; parking studies; street and parking lot lighting ' designs; school safety programs; access, circulation and parking studies for commercial, residential, and public developmemts. In 1971 Mr. Pringle participated in the Institute of Transportation Engineer's Study Mission to Europe and Moscow. This included an opportunity to study traffic and transportation in Munich, Berlin, Paris, Moscow and London, and provides a valuable addition to his experience. tEducational Qualifications: California State University - Fresno, Bachelor of Science in Civil Engineering, 1960; Certificate, Municipal Public Works Admin- istration; Guest Lecturer in Transportation and Traffic Engineering, California State Polytechnic University, Pomona. From 1960, Mr. Pringle has been Civil Engineering Assistant, City of West Covina; Assistant Traffic Engineer, Traffic Engineer and Associate Civil Engineer, City of Downey; Principal Engineer, Wilbur Smith and Associates. Consulting Engineers, Los Angeles; Vice President of Lampman and Associates, Consulting Engineers, Pomona; Vice President, Crommelin- Pringle and Associates, Inc., Placentia and owner Weston Pringle and Associates since 1976. I W ps"I C Ar WeaW P►i4q& and Aaavdatea TRAFFIC & TRANSPORTATION ENGINEERING t ' ENVIRONMENTAL IMPACT STUDIES '- TWENTIETH CENTURY FOX TRAFFIC IMPACT STUDY - Los Angeles, California. Ultr- systems, Inc. Analyzed impact of proposed residential and hotel /office development on current studio property. Major land use revisions were considered. The EIR was challenged in court and found to be adequate. VARIOUS TRAFFIC STUDIES - Irvine and Newport Beach, California. The Irvine Company 1 We have analyzed the traffic impact of a variety of residential, commercial, and industrial as part of the development of the Irvine properties in Orange County. These studies were input to the Environmental Impact Reports prepared by others. MICHELSON DRIVE EXTENSION - Irvine, California. Environmental Feasibility Studies The traffic impact of the extension of Michelson Drive including the construction of a bridge was analyzed. A detailed analysis of the potential impact on adjacent residential areas was included. Mitigating measures were thoroughly examined, including the no- project alternative. ' NELLIE -GAIL RANCH - Orange County, California. The Presley Company of Southern California ' The traffic impact portion of an EIR for the proposed developmetn of a resi- dential community of 140.0 acres. This study included both on -.site road needs and the impact upon the serving street system. ' GENERAL PLAN AMENDMENT 80 -1 - Newport Beach, California. Larry Seeman Associates, Inc. A traffic impact analysis was completed which covered a General Plan Amendment for the expansion of Newport Center. The potential traffic impact upon 23 inter- _ sections was examined with consideration given to other committed projects and regional traffic growth. Various mitigation measures were examined including ' r the construction of major arterial roads as bypass routes. 2651 EAST CHAPMAN AVENUE • SUITE 110 • FULLERTON, CALIFORNIA 92631 (714) 871 -2931 OXNARD SEWER EXTENSION - Oxnard,,California. Envista, Inc. ' Analyzed the traffic impact of the land development which could result from the availability of sewer facilities. Impacts upon traffic during construction wre also included in the analysis. ORCUTT GRADE SEPARATION - San Luis Obispo, California. City of San Luis Obispo Analysis of alternate plans for a railroad grade separation including future ' traffic services needs. Prepared a draft EIR for the recommended project. VENTURA HARBOR MASTER PLAN - Ventura, California. Donald Cotton and Associates Traffic analyses were completed for the ground transportation requirements of the Ventura Harbor Master Plan. Potential traffic impacts were identified and mitigation measures recommended. The examination of specific development proposals was included in the study. GREENWOOD INTERCHANGE - Monterey Park, California. Envista, Inc. Traffic studies were completed to evaluate the need and potential impacts of construction of an interchange on the Pomona Freeway (Route 60) at Greenwood ' Avenue. The analysis considered future development in the area and the impacts without the interchange. This traffic analysis became a part of the EIR for the project. ORANGEFAIR MALL - Fullerton, California. Westec Services, Inc. Prepared traffic and parking analyses sections for the redevelopment of a regional shopping center. Study included analysis of traffic impacts of depressing a major street (Harbor Boulevard) and constructing a mall over the street. CORAL.BAY - Huntington Beach, California. Westec Services, Inc. Traffic circulation, design, safety and parking characteristics were evaluated ' for a planned community residential development. This project was within the Coastal Zone and required presentation to the Coastal Commission. 1 - 1W X%06- 1 W oW P►u k crud Amida TRAFFIC & TRANSPORTATION ENGINEERING TRAFFIC AND TRANSPORTATION PLANNING STUDIES FLOUR SITE PLANNING STUDY Irvine, California. Welton Beckett & Associates Analysis of access and parking requirements for Flour Corporation Irvine site ' of 105 acres with an ultimate employment of 10,000. Assistance was provided in the layout and design of the parking facilities and internal road system. ORANGE COUNTY FAIR MASTER PLAN - Costa Mesa, California. Caudill, Rowlett & Scott; POD, Inc.; Economic Research Associates 1 Provided traffic and transportation engineering input to Feasibility Analysis and Master Plan for development of the fairgrounds. This included analysis of traffic factors of alternate uses, parking requirements and layout, and overall 1 circulation system. UNIVERSITY TOWN CENTER TRANSPORTATION STUDY - Irvine, California. The Irvine Company Prepared analysis of transportation needs for the University Town Center Development which included the development of a micro -area multimodal trans- ' portation model. Modes included in the.analysis were walk, bicycle, auto, tram and transit. The analysis will serve as a basis for planning and overall development. VILLAGE OF WOODBRIDGE - Irvine, California. The Irvine Company A traffic study was conducted to determine the impacts and traffic requirements for this planned community of approximately 30,000 persons. Commercial as well as residential projects were included. This report served as the traffic impact portion of the EIR for this study. Follow -up studies were completed as develop- , ment occurred. AERONUTRONIC FORD TRAFFIC STUDY - Newport Beach, California. DAON Corporation 1 ' A traffic analysis was completed to determine the potential for future development of approximately 100 acres of this site. The analysis included future growth of the existing on -site development and off -site developments. Follow -up studies ' were completed as required for approval of a development plan for the site. ANAHEIM HILLS - Anaheim, California. Willdan and Anaheim Hills, Inc. ' Prepared an analysis of the traffic requirements for the Anaheim Hills,:General Plan. The development includes over 4,000 acres of various land uses including residential, commercial and recreational. Problem areas were identified and ' mitigation measures recommended. 1 2651 EAST CHAPMAN AVENUE • SUITE 110 • FULLERTON, CALIFORNIA 92631 • (714) 871 -2931 ' NEWPORT CENTER - Newport Beach, California. The Irvine Company Studies were conducted to analyze on a project -by- project basis the traffic impacts of commercial, hotel and residential development. A computer model was developed to determine individual and cumulative impacts upon critical t intersections by 33 separate projects including a 1.2 million square foot regional shopping center. SNA DIEGO REGIONAL CENTERS - San Diego County, California. Project Design Con su tants Traffic and parking analyses were completed for two County regional centers. These centers contained court and enforcement facilities as well as other County Departments. Recommendations were developed relative to access and parking requirements and the traffic impact of the projects quantified. 1 PHILLIPS RANCH - Pomona, California. POD, Inc. ' Traffic analysis and development of design criteria for the Phillips Ranch Specific Plan. The project will contain approximately 4,000 dwelling units with a commercial center, schools and other facilities. As a part of the work, individual development plans were reviewed and recommendations rela- tive to their adequacy made to the City of Pomona. SANTA ANA COMMUNITY PLANS - Santa Ana, California. Archiplan rPrepared traffic circulation analysis and recommended improvements for the development of community plans for three areas of the City of Santa Ana. Analysis included both major circulation elements and neighborhood improve- ments. A team approach including architects, landscape architects, planners, economists and others was utilized for the overall studies. RANCHO CARRILLO MASTER PLAN - Carlsbad, California. The Planning Center Analyzed circulation needs for an 846 acre Master Plan including both on -site ' and external traffic needs. The land uses included residential, commercial and industrial sites. A major part of the circulation planning was consider- ation of two major arterials that intersect within the site. VICTORIA COMMUNITY PLAN - Rancho Cucamonga, California. The William Lyon Co. Traffic studies and analyses were completed for the preparation of a plan for ' the development of 2,150 acres. The studies included analysis of internal circulation needs and potential traffic impacts upon adjacent roadways. A regional shopping center along with office and related uses are planned in ' addition to residential uses. The traffic analysis was utilized in the pre- paration of an EIR for the project. 1 1 NORTH COUNTRY - Riverside County, California. Markborough California, Inc. Traffic studies were completed to determine on -site circulation needs and poten- tial off -site traffic impacts of this development with approximately 3500 resi- dential units. Input was provided during the development of the plan to ensure a safe and efficient circulation system. As a part of the study, data were as- sembled and traffic analyzed for all approved projects in the Sunnymead area of Riverside County. KOLL CENTER IRVINE — Irvine, California. The Koll Company Traffic analyses were completed for the development of 1.1 million square feet of office space, a 500 room hotel and support commercial on two sites. The study included both on and off -site traffic analysis with the off -site analyses including consideration of other projects. A traffic improvement progress for 1 the area was developed to mitigate potential traffic problems. CORONA EXPRESSWAY TRAFFIC STUDY - Pomona, California. City of Pomona Future traffic needs of the Corona Expressway (State. Route 71) between the Pomona Freeway and San Bernardino Freeway were analyzed. Projections were made to estimate future travel demands and roadway geometries and intersection controls evaluated. Recommendations for accommodating traffic demands on an interim and long range level were developed. The study was utilized by the City to assist in their working with CalTrans to determine future needs of the roadway. ADP PARKING STUDY - La Palma, California. ADP Studies were conducted to determine existing parking demands for this 105,000 square foot office /computer facility. Observations were also made of small car parking at the facility. A parking plan was developed which would accommodate an expansion of the facility and included separate provisions for small cars. 1 1 t 1- 1 1 1 1 IN 1 1 1 I [_I 1 IDENTIF City of i TRAFFIC & TRANSPORTATION ENGINEERING TRAFFIC OPERATIONAL STUDIES TION AND SURVEILLANCE OF ACCIDENT LOCATIONS - Montebello, California ntebelIo Under the Highway Safety Program, a comprehensive study was conducted of traffic accidents and remedial measures developed. On- the -job training was provided to City staff members to provide a continuing program. THE COUNTRY TRAFFIC STUDY - Diamond Bar, California A review was made of the traffic control device needs for this private community. Recommendations were developed to provide traffic control devices in accordance with accepted standards. TRAFFIC SIGNAL DESIGN Plans, specifications and estimates have been prepared for the installation of traffic signals in the following jurisdictions. Anaheim Baldwin Park CalTrans ( Dist. Carlsbad Claremont Garden Grove Gardena Inglewood Irvine Huntington Beach La Mirada TRAFFIC SIGNAL SYSTEMS Montebello Monterey Park 7 & 8) Newport Beach Orange County Riverside San Diego San Dimas Santa Monica Stanton Ventura -City and County Plans, specifications and estimates were prepared for the modification of an existing interconnected system on Anza Avenue in the City of Torrance. This consisted of converting four two -phase operations to 8 -phase operation while maintaining coordination with other intersections in the system. A second coordination system was developed for Palos Verdes Boulevard in Torrance. 1 A FAU funded project to coordinate 12 intersections along Moorpart Road in the City of Thousand Oaks was undertaken in conjunction with Robert Crommelin and Associates. This included preparation of a design study to determine traffic characteristics and needs, evaluate condidate systems and recommend a control system. 1 2651 EAST CHAPMAN AVENUE • SUITE 110 • FULLERTON, CALIFORNIA 92631 • (714) 871 -2931 PEDESTRIAN AND BICYCLE SAFETY _ Carson, California. City of Carson 1 A Highway Safety Program study was conducted to develop 'a pedestrian and bicycle safety program. Each elementary school was evaluated and safe route to school maps prepared. Recommendations were made for a continued pedestrian 1 and bicycle safety program. IRVINE INDUSTRIAL COMPLEX -WEST SIGNAL STUDY Evaluated future traffic signal needs for the ultimate development of a 4,000 acre industrial area. Future traffic projections were developed for planned land use and combined with existing development to synthesize future traffic conditions. Intersections were evaluated to determine signalization require - ments including phasing. 1 L r 1 1 1 t 1 1. . 1 1 1 0P©� ► , !, DD '' ► �,► I TRAFFIC & TRANSPORTATION ENGINEERING UNIVERSITY AND COLLEGE STUDIES FULLERTON COLLEGE PARKING STUDY - Fullerton, California. Community College District of North Orange County Analyzed parking needs and developed plans to serve an enrollment of 10,000 ' students. Operational improvements were recommended along with a financing plan. ' CALIFORNIA STATE UNIVERSITY, SAN DIEGO - San Diego, California A comprehensive transportation and parking study was completed for the campus. Both short -term and long -range programs were developed. Consi- deration was given to pedestrian and bicycle needs as well as bus and auto. CALIFORNIA STATE UNIVERSITY, FULLERTON - Fullerton, California Prepared an analysis of on -site traffic flow and parking and developed plans to improve traffic flow in the parking areas. SADDLEBACK COLLEGE - Irvine, California Analyzed alternative campus locations with respect to traffic characteristics. After site selection, an analysis was made of the traffic impacts and parking requirements for the new campus. RANCHO SANTIAGO COMMUNITY COLLEGE - Orange, California A traffic study was completed for the proposed Orange Canyon Campus of the Rancho Santiago Community College District. This study included on -site ' circulation, site access and potential impacts upon adjacent roadways. The study was utilized as a part of the EIR for the project. 1 2651 EAST CHAPMAN AVENUE • SUITE 110 • FULLERTON, CALIFORNIA 92631 • (714) 871 -2931 APPENDIX C MESTRE GREVE AND ASSOCIATES i I 1 I I I Mestre lreve Associates consulting Engineers Ooctober 10, 1985 SANCHEZ TALARICO ASSOCIATES 359 San Miguel Drive Suite 200 Newport Beach, CA 92660 SUBJECT: PROPOSAL FOR ACOUSTICAL ANALYSIS ON MONTEREY STREET CITY OF SAN LUIS OBISPO Dear Kel; Mestre Greve Associates is pleased to submit this proposal to conduct an acoustical study on the Monterey Street widening project in the City of San Luis Obispo. The analysis will determine the existing noise environment through a noise measurement and modeling survey, assess the ultimate noise levels for the proposed project and determine any mitigation necessary to comply with applicable noise standards. Based upon the RFP for the project, we have proposed the following Scope of Work. TASK 1 - DEFINE EXISTING NOISE ENVIRONMENT. The existing noise ' environment will be described through a comprehensive noise measurement survey and computer modeling assessment of existing roadway noise sources. Noise measurements will be made at a representative number of sites along ' the project corridor. Six measurement sites will be included as part of this noise survey. The measurement results will be used to validate the highway noise model as well as to determine the existing ambient noise levels. ' Based upon the noise measurement survey and the existing traffic data, the roadway noise levels will be determined. The traffic noise levels will be computed using the Highway Noise Model published by the Federal Highway ' Administration ( "FHWA Highway Traffic Noise Prediction Model," FEWA -RD-77 -108, December, 1978) with the recently released CALVENO vehicle noise emission curves developed by Caltrans. The FHWA Model uses traffic ' volume, vehicle mix, traffic distribution, truck percentages, vehicle speed, and roadway geometry to compute the noise levels. The noise levels will be determined in terms of local (CNEL) noise criteria. CNEL is t specified by the City of San Luis Obispo and the State of California for noise compatibility assessment. ' TASK 2 - DETERMINE CONSTRUCTION NOISE IMPACTS. Short term noise impacts such as those associated with roadway construction will be described based on the type of equipment that will be used for the roadway construction. 1 280 Newport Center Drive, Suite 230 • Newport Beach, California 92660 • (714) 760 -0891 ' Hours of construction and the estimated construction duration will be presented. 1 TASK 3 - DETERMINE FUTURE NOISE LEVELS. The future noise exposure along the project corridor will be developed and compared with respect to 1 existing noise levels. The mitigating effect of existing noise barriers that will not be removed will be determined and included in the noise level projections. The noise levels will be determined in terms of the CNEL criterion. TASK 4 — DETERMINE AREAS REQUIRING MITIGATION. The-contour values determined in the previous task will be overlayed on the land use plans to determine areas that may require mitigation.. The number and types of land uses that may require mitigation in order to comply with the noise standards will be determined. TASK 5 - DEVELOP PRELIMINARY MITIGATION MEASURES. Mitigation through the design and construction of a noise barrier (wall, berm, or combination ' wall /berm) is the most effective way of alleviating traffic noise impacts. Areas along the project site will be identified for which a noise barrier would be required to comply with the CNEL noise standards. General height requirements for such barriers will be identified based on preliminary 1 estimates of wall design. Detailed noise barrier analyses will not be done as part of this environmental work (noise barrier design should be done as part of the design study). 1 We propose to do this study on a time and materials basis at a cost not to . exceed 3500 dollars. This cost includes all manpower, computer, and overhead expenses associated with completing this project. Thank you.for the opportunity to bid on this proposal. If you have any questions concerning this proposal or our capabilities, please do not hesitate to call. 1 Yours Very Truly, ' MESTRE GREVE ASSOCIATES Paul H. Dunholter, P.E. Principal 1 MESTRE GREVE ASSOCIATES - CAPABILITIFS NOISE CONTROL ENGINEERING Noise, commonly defined as "unwanted sound," is a by- product of civilizations increasing use of machines. Noise levels in an industrial setting can impede worker performance and even cause physiological damage. 1 Community noise levels are generally much lower than those in an industrial environment. However, noise from aircraft, trains and motor vehicles can interfer with our sleep, speech communication, and be very annoying. Guidelines, regulations, and laws have been developed which attempt to bring about acceptable noise levels both in the workplace and the community. Noise Control Engineering is the determination of existing or future noise levels, and the development of solutions that will result in an acceptable noise environment. The Noise Control Engineering services that are provided by MESTRE GREVE ASSOCIATES may be divided into the following categories; (1) community noise studies, (2) industrial noise assessment and control, and (3) vibration and dynamic analysis. All noise control studies involve analyzing or projecting the noise levels generated by a source, determining, the level of reduction desired, and finally engineering a solution to achieve the criterion levels. The Noise Control Engineering Services provided by our firm are utilized by variety of clients in both the private and public sectors. Capabilities in Noise Control Engineering include: Assessment of Aircraft, Railroad and Highway Noise ' Noise Assessments for Environmental Documentation (EIR's, EIS's, etc.) Development of General Plan Noise Elements Noise Barrier Design ' Architectural Acoustics Design Analysis of Industrial Plant Noise OSHA Surveys ' Vibration and Dynamic Analysis COMMUNITY NOISE STUDIES Community Noise Studies encompass a wide range of development and planning studies. Included in this category are the development of General Plan Noise Elements, noise studies for residential and commercial projects, 1 and highway noise analysis. • The development of General Plan Noise Elements demands that a firm can assess a variety of community noise.sources, integrate noise control plans _ into the planning process, and possess knowledge of local government structure and processing requirements. Community noise sources may include 'traffic, aircraft, train, industrial and commercial noise sources. Noise ' levels for all types of noise impacting a community can be defined'with the firm's measurement equipment and technical expertise. Data from the noise surveys may be used directly or to "fine tune" appropriate models for increased accuracy in predicting future community noise exposure. Aircraft noise levels are, perhaps, the most difficult to predict accurately. Airport 1 1 1 D modeling is a speciality of our firm, and for municipalities impacted by aircraft noise the use of our firm my be especially beneficial. Development of noise contour maps is facilitated by our in house computing system. Noise ordinances, policies, standards, and implementation procedures can also be developed by our firm that will suited to a particular community and are workable. 1 Noise studies are performed for all types of development projects at all levels of planning. Foise studies performed by MF.STRE GRFVE ASSOCIATES range from assessments for zone changes or general plan amendments to final noise barrier design studies. In particular, compliance with General Plan and Noise Element requirements, federal requirements, building, code requirements, and specific conditions of approval are commonly dealt with in the firms work. Additionally, in areas of high exterior noise, special analyses of the interior noise environment are commonly conducted. (Our capabilities in Architectural. Acoustics are described in a separate section.) The highway noise capabilities of MF.STRE GRFVE ASSOCIATES can be utilized for highway projects .involving new construction, existing roadway improvements, or for analyzing the impacts of roadways on adjacent land uses. Studies have included federally funded projects that must conform with both local standards as well as federal noise standards and requirements (Federal Highway Administration (FHWA) PPM 773). Comparison of impacts for various transportation alternatives including highways, busways, light rail transit, and other mass transit alternatives can be assessed. Since our firm also provides air quality assessment services, the noise assessment can be "piggy- backed" with the air quality study at a considerable cost savings. The highway noise models used by MESTRE GREVE ASSOCIATES are based on t the Federal Highway Administrations. Highway Traffic Noise Model. This basic model has been programmed for use on our in house computing facility. Several versions of the model have been written to accommodate various application requirements. The capabilities of the model include Leq and L10 computation as given by the original FAWA methodology. In addition, the MESTRE GREVE ASSOCIATES version of the model includes computation of CNEL, Ldn, and Leq(24). An extremely useful version of the model has been developed by the firm and includes complete noise barrier calculation options. The barrier design program can calculate the noise reduction for a given barrier height, or it can determine the required barrier height for any roadway* geometry to meet a design noise level. Models with similar capabilities for the prediction and barrier design of railroad noise have been developed by our firm and are also employed on our in house computing facility* A noise measurement survey is used for increasing the accuracy and confidence level of a noise study, validate noise.input data or to validate a ' noise model to the conditions and characteristics specific to the situation being analyzed. In house noise measurement instrumentation includes'computer automated 24 hour measurements and single event calculations. For ' transportation noise measurements the consultant team utilizes its Digital Acoustics Model 607 or BBN Model 614 Portable Noise Monitor System. These instruments .calculate single event, Leq for any time period, and 24 hour noise - levels. Their automatic calculations reduce the time required for data reduction. ' The work experience in Community Noise of MF.STRE GREVE ASSOCIATES is extensive. Over 300 studies have been completed by our.firm in this area, and range from barrier analysis for housing tracts and expressways to the development of noise models and General Plan Noise Elements. The principals of the .firm have published papers on various aspects of Community Noise and provide lectures at the college level on this topic. Clients for these services are both from the public and private sector. AIRPORT AND HELIPORT STUDIES MESTRE GREVE ASSOCIATES has participated in a large variety of projects which utilize the firms's airport consulting capabilities. The firm has been actively involved in the Federal Aviation Administration's (FAA) FAR Part 150 ' program as established by the Aviation Safety and Noise Abatement Act of 1979 (P.L. 96 -193, 49 USC 2101). Additional aviation services include: Air Installation Compatibility Use Zone (AICUZ) established by the Military; design and development of noise monitoring systems for airports and various '. areas of airport environmental documentation and planning. In the Part 150 programs, noise studies at airports have stressed noise and land -use ' compatibility through combined land -use control programs and airport noise reduction programs. In these programs a large variety of noise abatement procedures and land -use control combinations have been evaluated with the FAA, and local planning agencies to establish a plan which will ensure future ' compatibility of the airport with the surrounding land uses. An integral part of the engineering services provided by MESTRE GREVE ASSOCIATES involves providing technical resources for the analysis of airport noise and land use conflicts. The services are intended to provide, as an. end result, an accurate, comprehensive and complete analysis with which 1 objective planning, "design and operational decisions can be rendered. The utilization of MESTRE GREVE ASSOCIATES' services by a variety of governmental planning agencies, private developers, private planning organizations, and airport proprietors demonstrates the firm's understanding of the problems facing airports and communities that surround them. Capabilities in airport analysis include: Noise Contour Modeling r Noise Measurement Programs Noise Measurement Instrumentation Systems and Design Computerized Land Use Mapping Air Quality Modeling Accident Potential Zone Analysis Height Restriction Analysis Evaluation of Airport Alternatives, Mitigation and Abatement Procedures To facilitate assessment of noise impacts,.the firm has developed land ' use mapping capabilities specifically designed for airport analysis. Comparative analysis of land use impacts that encompasses the same geographic area can be a difficult and time consuming task, particularly when the data 1 0 O information (e.g.; land use categories, population) that can be incorporated into permanent noise monitoring systems and noise control programs. Airport consulting projects completed by the firm have included a number of sensitive and complex studies including Part 150 studies for Santa mica Airport in California and Jackson Hole Airport in Wyoming. The staff of MESTRE GREVE ASSOCIATES has over ten years of experience in airport analyses which includes work at over 50 airports and airport sites. Our experience with airport planning combined with the technical capabilities of the firm, form a strong foundation that is ideally suited to develop policies to minimize noise and land use conflicts around airports. INDUSTRIAL NOISE ASSESSMENT AND CONTROL The capabilities of MESTRE GRFVE ASSOCIATES in Industrial Noise Assessment and Control may be divided into three areas; (1) OSHA Surveys, (2) a Noise Ordinance compliance testing, and (3) industrial noise control engineering. MESTRE GREVE ASSOCIATES maintains certified noise equipment to conduct testing to determine worker noise exposure per OSHA regulations. Similarly the firm possesses the necessary equipment and expertise-to conduct compliance testing with Noise Ordinances, or other noise constraints. If a problem is identified either with compliance with the OSHA regulations or a Noise Ordinance, our firm can engineer control or protection solutions. a Control of the noise generator, isolation of the noise source, or protection of the impacted individual or areas can be assessed in detail by our firm, and the best set of options identified. 0 VIBRATION AND DYNAMIC ANALYSIS Vibration and dynamic analysis can be performed by MESTRE GREVE rri ASSOCIATES for a variety of situations. Our firm can analyze the vibration in communities along subways and railways. Equipment vibration and control is also an area of expertise of our firm. The firm has experience in the design and testing of ultrasonic equipment, specifically in the development of an asphalt cutter utilizing, a cutting blade vibrating at a high frequency. �I J n is detailed and the analysis requirements are complex. The ability to translate mapped geographic information into a form usable by computers has opened the door to automated geographic analysis. Having land use maps available in machine readable form allows the ability to take advantage of the accuracy and high speed data manipulation capabilities of the computer. The system can contain a substantial quantity of various mapped geographic O information (e.g.; land use categories, population) that can be incorporated into permanent noise monitoring systems and noise control programs. Airport consulting projects completed by the firm have included a number of sensitive and complex studies including Part 150 studies for Santa mica Airport in California and Jackson Hole Airport in Wyoming. The staff of MESTRE GREVE ASSOCIATES has over ten years of experience in airport analyses which includes work at over 50 airports and airport sites. Our experience with airport planning combined with the technical capabilities of the firm, form a strong foundation that is ideally suited to develop policies to minimize noise and land use conflicts around airports. INDUSTRIAL NOISE ASSESSMENT AND CONTROL The capabilities of MESTRE GRFVE ASSOCIATES in Industrial Noise Assessment and Control may be divided into three areas; (1) OSHA Surveys, (2) a Noise Ordinance compliance testing, and (3) industrial noise control engineering. MESTRE GREVE ASSOCIATES maintains certified noise equipment to conduct testing to determine worker noise exposure per OSHA regulations. Similarly the firm possesses the necessary equipment and expertise-to conduct compliance testing with Noise Ordinances, or other noise constraints. If a problem is identified either with compliance with the OSHA regulations or a Noise Ordinance, our firm can engineer control or protection solutions. a Control of the noise generator, isolation of the noise source, or protection of the impacted individual or areas can be assessed in detail by our firm, and the best set of options identified. 0 VIBRATION AND DYNAMIC ANALYSIS Vibration and dynamic analysis can be performed by MESTRE GREVE rri ASSOCIATES for a variety of situations. Our firm can analyze the vibration in communities along subways and railways. Equipment vibration and control is also an area of expertise of our firm. The firm has experience in the design and testing of ultrasonic equipment, specifically in the development of an asphalt cutter utilizing, a cutting blade vibrating at a high frequency. �I J n R I PAUL H. DUNHOLTER, P.F. Principal NOISh CONTROL ENGINEERING TRANSPORTATION NOISF ANALYSIS EXPERIF.NCF: Over nine years experience in acoustical engineering and transportation noise assessment. Emphasis has been placed on the application of modeling techniques to achieve engineering solutions. Principle experience has been in roadway, railroad, airport, and heliport noise analysis and assessment of noise control strategies to minimize impacts from these noise sources. This includes computer modeling as well as the statistical analysis of the modeled results with field measurements. Considerable experience includes noise measurement surveys, system calibration and system specification for noise control programs. Previous experience includes the following: Project engineer for FAA sponsored Part 150 studies or Airport.Noise Control and Land -Use Compatibility studies (ANCLUC) for Tulsa International Airport ( Oklahona), Jackson Hole Airport (Wyoming), Natrona County Airport (Casper, Wyoming), Fort Smith Municipal Airport (Arkansas), Drake Field (Arkansas), Harlingen International Airport (Texas), Will Rodgers World Airport (Oklahoma City), and Wiley Post Airport (Oklahoma City). Responsibilities included detailed computer modeling, statistical validation of noise measurements and assessment of various airport alternative development and noise abatement strategies. Project Manager for regarding development the preparation of the Noise Element of the General of Alhambra, San Jacinto and Lake Elsinore. Technical program included a comprehensive noise measurement noise sources and a computer modeling assessment of and future environments. Policies and recommendations constraints were proposed. Project Manager for noise assessment for highway improvement projects including Irvine Center Drive widening and Culver /I -405 interchange widening in the City of Irvine and Balboa Boulevard widening in the City of Newport Reach. These studies involved detailed noise measurement surveys, projections of roadway noise levels using the FHI7A Highway Noise Model and nose barrier design to mitigate potential noise impacts. Most of these studies involved federal funds and required an analysis in terms of both local and federal noise standards and regulations (FHWA PPM -773). Responsible for preparation of studies to determine compliance of projects with noise related conditions of approval. Projects include both residential and commercial developments. Task conducted as part of these studies include noise measurement surveys, noise barrier design and architectural acoustical design to insulate against transportation noise sources. Over 100 studies of these type have be completed for various local, state and federal agencies. Project Manager for the noise analysis section of the Environmental Impact Assessment (EIA) for airport in Lawton Oklahoma, Norman Oklahoma, Seminole Oklahoma, Eagle Colorado, Jonesboro Arkansas, and Fort Smith Arkansas. Analysis were done in accordance with FAA 1050.1C requirements for an airport EIA. Responsibilities include contour modeling, alternatives analysis, and in some instances, field validation. a EDUCATION: Bachelor of Science Degree in Civil. Engineering in 1976 University of California., Irvine 0 REGISTRATION: Registered Professional Engineer (Civil) State of Nevada #06375 Plan for the Cities components of the survey of existing both the existing regarding development the preparation of the Noise Element of the General of Alhambra, San Jacinto and Lake Elsinore. Technical program included a comprehensive noise measurement noise sources and a computer modeling assessment of and future environments. Policies and recommendations constraints were proposed. Project Manager for noise assessment for highway improvement projects including Irvine Center Drive widening and Culver /I -405 interchange widening in the City of Irvine and Balboa Boulevard widening in the City of Newport Reach. These studies involved detailed noise measurement surveys, projections of roadway noise levels using the FHI7A Highway Noise Model and nose barrier design to mitigate potential noise impacts. Most of these studies involved federal funds and required an analysis in terms of both local and federal noise standards and regulations (FHWA PPM -773). Responsible for preparation of studies to determine compliance of projects with noise related conditions of approval. Projects include both residential and commercial developments. Task conducted as part of these studies include noise measurement surveys, noise barrier design and architectural acoustical design to insulate against transportation noise sources. Over 100 studies of these type have be completed for various local, state and federal agencies. Project Manager for the noise analysis section of the Environmental Impact Assessment (EIA) for airport in Lawton Oklahoma, Norman Oklahoma, Seminole Oklahoma, Eagle Colorado, Jonesboro Arkansas, and Fort Smith Arkansas. Analysis were done in accordance with FAA 1050.1C requirements for an airport EIA. Responsibilities include contour modeling, alternatives analysis, and in some instances, field validation. a EDUCATION: Bachelor of Science Degree in Civil. Engineering in 1976 University of California., Irvine 0 REGISTRATION: Registered Professional Engineer (Civil) State of Nevada #06375 u DVINCENT MESTRE, P.E. i 0 1 1 1 NOISE CONTROL AIR QUALITY ENVIRONMENTAL ENGINEERING EXPERIENCE: Has over ten years experience in environmental engineering analysis. Included in this experience is project management, program analysis, client coordination, and extensive computer modeling analysis. Specialties include the mathematical and computer modeling of environmental impacts for use in noise, air quality, and environmental analyses. Most recently noise and vibration control and architectural acoustics have been emphasized. Previous experience includes the following: Project Manager and coordinator for the noise analysis for the Alternative Airport Site Selection Study conducted by the Southern California Association of Governments. Study included generating noise contours and land use impact comparisons for 8 alternative sites for a new major regional airport in Southern California. Project Manager for the noise analysis, including noise measurements and computer modeling of noise generated by El Toro Marine Corps Air Station. Follow on work included the design, specification, installation, calibration, and start -up of a 3 year continuous noise monitoring program. Project Engineer for airport environmental studies (noise and air quality) for Master Plan updates at Hollywood - Burbank Airport, Los Angeles International Airport (Over Oceans Operations), Palm Springs International ' Airport, Hemet Airport, and Max Westhiemer Airport (Norman, Oklahoma). Project Engineer for the noise study done for Air Installation Compatible Use Zone Study (AICUZ) done for Alameda Naval Air Station. Project Manager for Noise Elements done for the Cities of Irvine, Victorville and Palm Springs. The Palm Springs Element included noise analyses, measurements and modeling, of the Palm Springs International Airport. The Victorville Element included comprehensive. noise measurements and definition of the noise impacts of George Air Force Base. J EDUCATION: Received a Master of Science Degree in 1975 from the University of ' California, Irvine in Engineering, and a Bachelor of Science Degree in Civil and Environmental Engineering in 1973 from the University of California, Irvine. REGISTRATION: Registered Professional Engineer in the State of California (Mechanical #18786) Aircraft noise consultant for FAA sponsored Airport Noise Land Use Compatibility (ANCLUC) Studies at Salt Lake International Airport, Reno International Airport, and Wiley Post Airport (Oklahoma City). More recently, the International project manager Airport (Texas), for ANCLUC studies done for Harlingen Lawton Airport, Jonesboro Airport and Tulsa International Airport (Oklahoma). Project Engineer for airport environmental studies (noise and air quality) for Master Plan updates at Hollywood - Burbank Airport, Los Angeles International Airport (Over Oceans Operations), Palm Springs International ' Airport, Hemet Airport, and Max Westhiemer Airport (Norman, Oklahoma). Project Engineer for the noise study done for Air Installation Compatible Use Zone Study (AICUZ) done for Alameda Naval Air Station. Project Manager for Noise Elements done for the Cities of Irvine, Victorville and Palm Springs. The Palm Springs Element included noise analyses, measurements and modeling, of the Palm Springs International Airport. The Victorville Element included comprehensive. noise measurements and definition of the noise impacts of George Air Force Base. J EDUCATION: Received a Master of Science Degree in 1975 from the University of ' California, Irvine in Engineering, and a Bachelor of Science Degree in Civil and Environmental Engineering in 1973 from the University of California, Irvine. REGISTRATION: Registered Professional Engineer in the State of California (Mechanical #18786) ' FREDRIC A. GREVE, P.E. COMMUNITY NOISE AIR QUALITY SYSTEM MODELING EXPERIENCE: Has experience in all fields of noise assessment and air quality management. Experience includes noise and air quality modeling for traffic networks, airports, transportation corridors, and planned com munitie.s.. Included in this experience is project manager and client coordinator for federal, state, local and industrial projects. Other experience includes legislative monitoring of air and noise regulations, development of ambient air monitoring facilities, and management of aircraft noise monitoring network. Representative experience includes the following work: Project manager for the air quality modeling efforts for the Oklahoma City Central Expressway, Tulsa International Airport, and the excavation of toxic materials from Boucher Landfill. These projects required the application of sophisticated computer models including CALINE3, APRAC, ISMAP, PTDIS and AVAP. ' Project manager for air quality assessments for regional planning efforts including the City of Irvine and the planned communities of Aliso Viejo and Laguna Niguel. Work included coordination with local Air Quality Management Plan (AQMP) efforts. Project manager for a three year continuous noise monitoring program around El Toro Marine Corps Air Station. Responsible for development of noise contours and integration of noise concerns with master planning efforts for the Aliso Viejo Planned Community. Project Manager on Noise Assessment for North Tustin Specific Plan and co- manager on technical update to City of Irvine Noise Element. Both projects included noise survey, model calibration and validation, and assessement of noise /land use conflicts. 1 Additionally, air and noise assessments have been performed as portions of EIS and EIR documentation for residential developments, shopping centers, expressways, airports, and water projects. EDUCATION: Received a Master of Science Degree in Environmental Engineering in 1975, a Bachelor of Science Degree in Civil and Environmental Engineering in 1973, and a Bachelor of Science Degree in Biological Science in 1973. All degrees were awarded by the University of California, Irvine. ' PROFESSIONAL AFFILIATIONS: Acoustical Society of America, Air Pollution Control Association, National Association of Noise Control Officials REGISTRATION: Registered Professional Engineer in the State of California 1 (Civil #31701) RELEVANT PUBLICATIONS: "Carbon Monoxide Transport from Freeways: Evaluation of Major Models," with G. S. Samuelsen, UCI Combustion Laboratory Report UCI - ARTR -78 -6. ' "A Monitoring System for Aircraft Noise Measurements," with Vincent Mestre, Sound and Vibration, February 1982. 1 RESOLUTION NO. 5821 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 939 WHEREAS, the subdivision improvements for Tract 939 have been satisfactorily completed, NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the public improvements for Tract 939 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of 90 percent of the performance bond in accordance with the subdivision agreement. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of November 1985. ATTEST: R 5821 Resolution No. 5821 (1985 Series) Page 2. APPROVED: a4,xv , a , fm 4 r�, X� City Administrativ Of cer City -Er6 neer jk1 /t939 by S ubcil-v RESOLUTION NO. 5820 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING ADDITIONAL MONEY IN ORDER TO ACQUIRE AN OPTION TO PURCHASE RIGHT -OF -WAY REQUIRED FOR WIDENING HIGUERA STREET WHEREAS, the City wishes to widen and realign a portion of Higuera Street between Madonna Road and South Street to improve traffic flow and safety; and WHEREAS, this widening and realignment will require purchase of right- of -way along the frontage of the building at 148 -182 Higuera Street; and WHEREAS, the City has not planned to appropriate money for the right- of -way purchase until fiscal year 1986 -87; and WHEREAS, the owners of the right -of -way have offered the City a $20,000 option to purchase the right -of -way in fiscal year 1986 -87; and WHEREAS, this option to purchase will grant the City flexibility in proceeding with the proposed widening and realignment; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: I. To authorize the appropriation of an additional $20,000 from unappropriated street fund balances to project fund number 882. 2. To direct the Finance Director to make the journal entries required to record this additional appropriation. R 5820 Resolution No. 5820 (1985 Series) On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of November , 1985. ATT ST: -2 i CII, CLERK PAMELA UGES AP Q City /(4ministkIarW Of cer City Public Works Director Finance Direc V r higstrow dfr #2 pr ,• clone. Pom, erC J u' �i RESOLUTION NO. 5819 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREII= BETWEEN THE CITY ADD LOMLME EVANS AND THE ESTATE OF GERALD B. EVANS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Lorraine Evans and the Estate of Gerald B. Evans is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Lorraine Evans, Ethel M. Evans, Administratrix of the Estate of Gerald B. Evans, Janice D. Evans, Clifford B. Evans, Finance Director, and Public Works Director. On motion. of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None R 5819 the foregoing Resolution was passed and adopted this 19th day of November 1 1985. CLERK PAMELA VOSGES ADPRO Q 4,,a� Ci Administrativ Otpicer Public Works Director ♦ _ ..� .50 ii i F-i L' -% �OrYj �rU cz ?MRCS kSE AND SALE AGREEi✓F N 1 THIS PURCHASE AND SALE AGREE= ( "Agreement ") is dated for reference g0-- -poses only as of November 19, 1985, and constitutes an agreement by which LORRAINE EVANS and the ESTATE OF GERALD B. EVANS ( "Sellers ") agree to effect a sale of, and CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ( "Buyer ") agrees to purchase that certain real property ( "Property ") consisting of approximately thirty -nine thousand seven hundred fifty -three (39,753) plus or minus square feet in the City of San Luis Obispo, County of San Luis Obispo, California, more particularly described on Exhibit "A -1 ", attached hereto and incorporated herein by this reference, commonly known as 148 -182 Higuera Street, San Luis Obispo, California. The terms and conditions of this Agreement, are as follows: 1. Purchase and Sale. Sellers agree to sell to Buyer, and Buyer agrees to purchase from Sellers, the Property upon the terms and conditions herein set forth. 2. Purchase Price. The Purchase Price of the Property shall be Four Hundred Ninety Thoi; sand Dollars ($490,000) cash. 3. Payment of Purchase Price. Prior to "Close of Escrow" as defined below, Buyer shall pay the Purchase Price for the Property by delivering to the Escrow Holder, (as defined below) for disbursement to the Sellers, as provided for in this Agreement, cash or check, or warrant, of the City of San Luis Obispo, made payable to Escrow Holder in the amount equal to the Purchase Price. Any sums delivered to the Escrow Holder pursuant to this paragraph 3 shall be deposited in an interest: bearing account with ! all interest accruing in Buyer's favor. 4. Conditions of Title. Fee simple absolute title to the Property shall be conveyed by Sellers to Buyer by grant deed (which grant deed shall be fully executed and acknowledged and deposited by Sellers into escrow prior to the close thereof, subject to no reservations and subject only to the following conditions of title ( "Conditions of Title ")). a. A lien to secure payment of real estate taxes, not delinquent; b. Matters affecting the Conditions of Title created by, or with the written consent of, Buyer; With respect to any encumbrances securing obligations relative to the Property, including, but not limited to, deeds of trust, Sellers covenant that they will cause the removal of all said encumbrances by the Close of Escrow (as defined below). Title shall be evidenced by the willingness of the Escrow Holder to issue its C.L.T.A. owners form policy of title insurance in the amount of the Purchase Price showing title to the Property vested in Buyer, subject only to the Conditions of Title. If Escrow Holder (as defined below) is unwilling to issue such insurance policy, or if Sellers have not removed any exceptions disapproved by Buyer prior to the Close of Escrow (as defined below), at Buyer's option and in addition to any other remedies available to Buyer, all obligations to the parties hereunder shall terminate, the Escrow Holder shall return to Buyer any sums which have been deposited into Escrow by Buyer, Sellers shall return to Buyer any sums paid for an Option Price, and Sellers shall bear the costs of escrow. -2- 5. Escrow. a. Opening of Escrow. Upon execution of this Agreement, an escrow account shall be opener with Ticor Title insurance ( "Escrow Holder "), or other title insurance company mutually agreed to by the parties in writing, at an office in San. Luis Obispo, California, for the consummation of this transaction. b. Close of Escrow. For the purposes of this Agreement, the "Close of Escrow" shall be defined as the date that the Grant Deed conveying the Property to Buyer is recorded in the official records of the County of San Luis Obispo. The parties agree to use their best efforts to effect the Close of Escrow, and the parties shall be in a position to close no earlier than January 1, 1987 and not later than January 15, 1987 (the latter is the "Closing Date "). In the event that this escrow fails to close by the Closing Date (or as extended by the mutual written agreement of the parties delivered to Escrow Holder prior to the Closing Date) by reason of any defaults hereunder, the defaulting party shall bear all costs and expenses of escrow. 6. Costs and Expenses. The cost and expense of the title insurance policy to be issue4 in favor of the Buyer pursuant to paragraph 4 hereof, shall be paid by Sellers. Except as otherwise specifically provided herein, the escrow fee of Escrow Holder shall be paid one -half by Sellers and one -half by Buyer. Sellers shall pay all documentary transfer taxes payable in the recordation of the Grant Deed and any other documents which the parties may mutually direct to be recorded in the official records. Buyer and Sellers shall pay, respectively, the Escrow Holder's -3- customary charges to Buyer and Sellers for document drafting., recording, and miscellaneous charges. Real property tares and rents for the Property shall be prorated as of the Close of Escrow. 7. Disbursements and other actions by Escrow Holder. Upon the Close of Escrow, the Escrow Holder shall promptly undertake all of the following in the manner hereinbelow indicated: a. Disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price for the Property as follows: (1) Deduct therefrom all items chargeable to account of Sellers pursuant hereto and for the account of any lenders of record, pursuant to separate instructions by Sellers. (2) The remaining balance of the funds so deposited by Buyer shall be disbursed to Sellers promptly upon the Close of Escrow. b. Cause the Grant Deed and any other documents which the parties hereto may mutually direct to be recorded in the official records. 8. Waiver of Relocation Expenses. Sellers are aware that if they are occupying the Property at the Close of Escrow, they will be, or may be, entitled to recover from Buyer, Sellers' expenses incurred in relocating their bi4siness and personal property to a new location.. Sellers hereby waive any and all rights they now have, or may have in the future, to relocation epenses or benefits to which they may be entitled as a result of moving from the property. 9. Default. Sellers agree that if the within sale is not completed as herein provided through no fault of Buyer, Buyer, at its option shall be entitled, in addition to any other remedy now or hereafter available to -4- Buyer under the laws or judicial decisions of the State of California, to compel Sellers to perform their obligations under this Agreement by means of a specific performa -rice proceeding or Buyer may terminate this Agreement and shall be entitled to recover all of its out -of- pocket expenses from Sellers which Buyer incurred or became liable for in connection with this transaction including costs and expenses of Escrow otherwise to be paid by Buyer. 10. Notices. All notices or other communication required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, at the following addresses: Sellers: Lorraine Evans 1610 Phillips Lane San Luis Obispo, CA 93401 Estate of Gerald B. Evans P. 0. Box 806 San Luis Obispo, CA 93406 Buyer: City Attorney City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 Notice shall be deemed given as of the time of personal delivery or forty -eight (48) hours following deposit in the United States mail. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. Mil Brokers. Selle_ °s represent arld warrant to Duye! °, and Buyer represents and warrants to Sellers, that no broker or finder has been engaged b trlem, respectively, in connection with any of the tra-- sactlons contemplated by this Agreement, or to their knowledge is in any way connected with any of such transactions. In the event of any such additional claims for brokers' or finders' fees for consummation of this Agreement, then Buyer shall indemnify, save harmless and defend Sellers Pram and against such claims if they shall be based upon any statement or representation or agreement by Buyer and Sellers shall indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation, or agreement made by Sellers. 12.. Sellers' Representations and Warranties. a. In addition to any express agreements of Sellers contained herein, the following constitute representations and warranties of Sellers which shall be true and correct as of the Close of Escrow (and the truth and accuracy of which shall constitute a condition to the Close of Escrow): (1) There are no actions, suits, materials, claims, legal proceedings or any,other proceedings affecting the Property or any portion thereof at law or in equity before any Court or governmental agency, domestic or foreign. (2) Sellers have not received any notices from governmental authorities pertaining to violations of law or governmental regulations with respect to the Property, and do not know of any which may have been received by their predecessors in interest. CDC (.°, ) Sellers have no of an .,j x•: :Ci i rig or threatened proceeding in eminent domain o- otherwise by any public entity other than Buyer, which would affect the Pr'oper'ty, pr any portion thereof, nor do Sellers 1.:ncw the existence of any facts wl_ich might give rise to such action or proceedings. (4) There are no leases, subleases, occupancies, or tenancies in effect pertaining to the Property other than those set forth on Exhibit "A -2 ". Said leases, including options to renew, do not extend beyond October 31, 1989. (5) There are no liens or encumbrances on or claims to, or covenants, conditions and restrictions, easements, right of way, rights of first refusal, options to purchase, or other matters affecting the Property except the Conditions of Title and any rights conferred to Buyer by this Agreement or an Option Agreement dated November 19, 1985. (6) There is no material adverse fact or condition relating to the Property, or any portion thereof, which has not been specifically disclosed in writing by Sellers to Buyer. (7) Sellers have the legal power, right and authority to enter into this Agreement, anal to consummate the transaction_ contemplated I ereby. (8) There are no fixtures on the property in which anyone other than Sellers have any claim, rights, or security or other interest. (9) There are no service or maintenance contracts, management agreements or any other agreements which will affect Buyer or the Property subsequent to the Close of Escrow, other than those described in subparagraph (4) above. -7- (i0) There are no encroachments onto the Property of improvements located on any aajoining property nor do any imarovements located on the Property encro�acn onto any other adjoining property. (11) Sellers warrant and represent that there are no prescriptive or other easements affecting the Property. b. In the event that, during the period between the execution of this Agreement, and the Close of Escrow, Sellers have actual knowledge of, learn of, or have a reason to believe that any of the above representations or warranties may cease to be true, Sellers hereby covenant to immediately give notice to Buyer of the change in circumstances. Upon. Sellers notifying Buyer of the change in circumstances, Buyer may, at its sole option, terminate this Agreement and all funds deposited into escrow or delivered to Sellers in connection herewith or in connection with the Option to Purchase the Property sha12 be immediately returned. Further, in the event Buyer so elects to terminate, Sellers shall pay all Escrow costs, if any, incurred by both parties herein_ under this Agreement. 13. Survival of Conditions. The covenants, agreements, representations and warranties made in Paragraph (12) which are intended to survive the Close of Escrow shall survive the Close of Escrow and the recordation and delivery of the Grant Deed conveying the Property to Buyer and any investigations by the parties. 14. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the successors, heirs, and assigns of the Darties hereto. w i5. Reeuired Action: of Buyer and Sellers. Buyer and Sellers agree to e.mecute all such instruments and documents and to take all actions p«rsux-nt to the provisions hereof in order to conswranate the purchase and sale herein contemDlated and shall use their },pest efforts to acco -olish the timely Close of Escrow in accordance with the provisions hereof. 16. Entire Agreement. This Agreement contains the entire agreement between the parties hereto relating to the Property, and may not be modified except by an instrument in writing signed by the parties hereto. 17. California Law. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. 16. waivers. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provision. 19. Caption. The captions, paragraph and subparagraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of intent of such paragraph or this Agreement, nor in any way affect this Agreement. 20. Representation by Counsel. Sellers acknowledge that Buyer is represented by an attorney in this transaction. Sellers acl=wledge that they, too, are represented by an attorney or that they freely and voluntarily elected not be represented by their own attorney in this transaction. I= IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. ATTEST: V CITY CLERK PAMELA VOG mvwlw _ !�. Esta of Gerald Gerald B. Evans Ethel M. Evans, Administratrix BUYER CITY OF SAN LUIS OBISPO r- R0N DUNIN -10- LEGAL DESCRIP'T'ION Lot 1, Block 149 of J_ Harford's Addition in the City of San Luis Obispo, County of San Luis Obispo, State of California. EXHIBIT "A -1" $2,770.00 Lease 5 CiIS 3 year lease 11/1/83 w/3 yr. option 3 year lease 11/1/83 w/3 yr. option month to month month to month month to month month to month month to month month to month month to month Tenant - Rent Ken's Body Shop S 700.00 SLO Cycles & Miller 650.00 The Ark 850.00 Ark Gallery 60.00 T. V. Sales 100.00 Kirsty Roberts 100.00 Paul Trout 105.00 John Trout 115.00 Richard Bower 90.00 $2,770.00 Lease 5 CiIS 3 year lease 11/1/83 w/3 yr. option 3 year lease 11/1/83 w/3 yr. option month to month month to month month to month month to month month to month month to month month to month i Tenant r Rent Hen's Body Shop $ 700.00 SLO Cycles & Miller 650.00 The Ark 850.00 Ark Gallery 60.00 T. V. Sales 100.00 Kirsty Roberts 100.00 Paul Trout 105.00 John Trout 115.00 Richard Bower 90.00 $2,770.00 Lease Status 3 year lease 11/1/83 w/3 yr. option 3 year lease 11/1/83 w/3 yr. option month to month month to month month to month month to month month to month month to month month to month EXHIBIT "B" Recording Requested By: When recorded return to: FE-MORANDUM OF OPTION AGREEMENT By this Memorandum of Option, made November 19, 1985, concurrently with a*n Option. Agreement between the same parties covering the same property, Lorraine Evans and the Estate of Gerald B. Evans, Optionor, and the City of San Luis Obispo, a chartered municipal corporation of the State of California, Optionee, agree: 1. Optionor grants to Optionee the right, on the terms and conditions stated in the Option Agreement of this same date, to uz;rchase the property described as Lot !,,.Block 149 of J. Harford's Addition in the City of San Luis Obispo, County of San Luis Obispo, State of California, provided the option is exercised before 5:00 p.m. on November 15, 1986. 2. In the Option Agreement, Optionor agreed that during the option term and until the property is conveyed to Optionee, in the event the option is exercised, that Optionor would not encumber the property in any way, nor lease, rent or grant any property or contract right relating to the property without the prior written consent of Optionee. EXHIBIT "C" 3. This Memorandum of Option Agreement is prepared for the purpose of recordation and in no way modifies the provisions of the Option Agreement. This Me- morandum of Option Agreement is not a complete summary of the Option Agreement and provisions in the Memorandum of Option Agreement shall not be used in interpreting the Option Agreement provisions. In the event of conflict between the Memorandum of Option Agreement and the Option Agreement, the Option Agreement shall control. Dated: November 19, 1985 OPTIONOR Lorrai)ne Evans ATTEST: City Clerk Pamela Voges (signatures need to be acknowledged) -2- This Option Agreement is made and entered into this 19th day of November, 1985, by and between LORRAINE EVANS and the ESTATE OF GERALD B. EVANS, ( "Owners "), and the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, ( "Optionee "), who agree as follows: 1. Owners grant to Optionee an option to purchase that real property catmnonly known as 148 -182 Higuera Street, San Luis Obispo, California, legally described as Lot 1, Block 149 of J. Harford's Addition in the City of San Luis Obispo, County of San Luis Obispo, State of California ( "the Property "), on the terms and conditions set forth in this Option Agreement and the Purchase and Sale Agreement attached hereto as Exhibit "A ". Within thirty (30) days after the execution of this Option, or within thirty (30) days of Optionee's receipt of an order from the Superior Court of the State of California, County of San Luis Obispo, approving the grant of this option to purchase frem the Estate of Gerald B. Evans, or within thirty (30) days of Opticnee's receipt of a title report showing title vested in.Lorraine Evans and Gerald B. Evans (or his estate) whichever last occurs, Opticnee shall pay to Owners the sum of Twenty Thousand Dollars ($20,000) cash ( "option price ") as consideration for the option, which sum shall not be applied to or credited against the purchase price of the property in the event the option is exercised. 2. The term of this option shall commence on the date of this Option Agreement and shall expire at 5:00 p.m. on November 15, 1986. 3. Optionee may exercise this option by delivering to owners, c/o Lorraine Evans and the Estate of Gerald B. Evans, P. 0. Box 806, San Luis Obispo, California 93406, prior to the expiration of the option term, a J written notice (the "Exercise Notice "), which Exercise Notice shall state that the option is exercised without condition or qualification. The Exercise Notice must be accompanied by two (2) copies of the Purchase and Sale Agreement identical to the form of Purchase and Sale Agreement attached as Exhibit "A ", executed by Optionee. 4. On receipt of the Exercise. Notice by owners prior to the expiration of the option term and the two (2) copies of the Purchase and Sale Agreement executed by Optionee, Owners shall execute the Purchase and Sale Agreement and deliver an executed copy to Optionee. owners' failure to execute and deliver a copy of the Purchase and Sale Agreement in accordance with this paragraph shall not affect the validity of the Purchase and Sale Agreement. The Purchase and Sale Agreement shall be immediately effective and binding on both Owners and Optionee without further execution by the parties. Within three (3) days of receipt of the Exercise Notice, Owners shall open an escrows at Ticor Title. Insurance or other escrow company mutually acceptable to Owners and Optionee, in San Laic Obispo, California. 5. Owners warrant that they are either an owner of the property, the administratrix of the estate of a deceased owner of the property, or an heir to a deceased owner of.the property, and that they have marketable and insurable fee simple title to the Property, free and clear of all restrictions, liens and encumbrances, subject only to taxes for the current year which are not then due and payable, or any exceptions which Optionee approves in writing prior to the close of escrow. Owners warrant that there are no leases, subleases, occupancies or tenancies in effect pertaining to the Property, other than those set forth on the attached -2- Exhibit "B ". The undersigned further agree that should any units on the property became vacant during the term of the option, the undersigned shall not re -let, rent, lease or otherwise allow anyone to occupy the Vacated unit(s). Owners covenant and agree that during the option term and until the property is conveyed to Optionee, in the event this option is exercised, the undersigned will not encumber the property in any way, nor lease, rent or grant any property or contract right relating to the property without the prior written consent of Optionee. 6. In the event this option is exercised by Optionee, Owners will convey title to the property to Optionee by grant deed subject only to (a) taxes for the current year which are not due and payable, and (b) any exceptions which Optionee approves in writing. 7. Within fifteen (15) days after execution of this Option Agreement by both Owners and Optionee, Owners shall deliver to Optionee a copy of an order of the Superior Court of the State of California, County of San Luis Obispo, authorizing the Estate of Gerald B. Evans to grant this option, and a title report of the condition of title to the property, showing title vested in Lorraine Evans and Gerald B. Evans. From the date of receipt by Optionee, Optionee shall have fifteen (15) days in which to approve or disapg ;rove of any and all conditions shown on the report. 8. If Optionee disapproves any exception to title, as provided above, Owners shall clear the disapproved exceptions. Should Owners fail to clear such exceptions within fifteen (15) days of notice of disapproval from Optionee, this option shall, at Optionee's election, terminate. In the event of termination, Owners shall refund the entire option price paid' to Owners. -3- 9. If this opt -ion is terminated, or expires without Optionee exercising the option, Optionee agrees, if requested by Owners, to execute, acknowledge, and deliver a quitclaim deed to Owners. 10. Either party to this Option Agreement may record a Memorandum of Option in the form attached hereto as Exhibit "C" 11. All notices, demands, requests and exercises under this option by either party shall be hand delivered or sent by Lhiited States mail, registered or certified, return receipt requested, postage prepaid, addressed to the other party as follows: OWNERS: Lorraine Evans and the Estate of Gerald B. Evans C/o P. 0. Boat 806 San Luis Obispo, CA 93406 OPTIONEE: City Attorney City of San Luis Obispo P. 0. Boat 8100 San Luis Obispo, CA 93403 -8100 Notices, demands, requests, and exercises served in the above manner shall be deemed served at the time the notice, demand, or request is hand delivered or postmarked to the addresses shown above. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 12. If it bepams necessary for either party to take any action to enforce this option, or any of its terms, the prevailing party shall be entitled to reasonable attorney's fees and oasts. 13. This Option Agreement contains the entire agreement between the parties respecting the matters set forth herein, and supersedes any prior I. agreements between the parties respecting such matters. This agreement -4- rky not be altered or other -vise modified e: -cept by writing executed by the :xrties. I\ WITNESS MrMEREOF, the parties hereto have executed this Agreement on the date and year first above written. • Estate of Gerald B. Evans Ethel M. Evans, Administratrix of the Estate of Gerald B. Evans Ethel M. Evans OPTION Mac n RESOLUTION NO. 5818 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXPRESSING CONCERNS AND ADOPTING A STRATEGY TO LIMIT THE INMATE POPULATION OF THE CALIFORNIA MEN'S FACILITY WHEREAS, the design capacity for the California Men's Facility is 3544 inmates and current occupancy levels are in excess of 6000 inmates or 1690 of design capacity; and WHEREAS, such overcrowding will have adverse public safety and environmental impacts and will negatively impact public services such as water and demand on housing; and WHEREAS, the State Legislature has, by prior action, passed Chapter 958 of the 1983 Statutes which exempts the California Men's Colony (CMC) West Facility from CEQA requirements while at the same time providing for the closing of the West Facility by January 1, 1989; and WHEREAS, the City Council of San Luis Obispo believes that it is the responsibility of the State Department of Corrections to prepare and publicly present a plan which details the short- and long -term uses of the Men's Colony; and WHEREAS, this issue is of concern to our State Legislative representatives, the County Board of Supervisors and the City Council of Morro Bay. VOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo adopts the following strategy to deal with this matter: 1. To notify the League of California Cities of community and area concerns and request that the issue of prison expansion on a statewide basis be referred to the appropriate League Committees for the development of a formal resolution for consideration by the 1986 League General Assembly. 2. To ask the League of California Cities, the State Legislative Representatives and the County Board of Supervisors to assist in establishing a formal dialogue between the State Department of Corrections and interested local agencies on the issue of short- and long -term expansion at the CMC. 3. To obtain a limit from the Department of Corrections on the inmate population in the County of San Luis Obispo and seek a more balanced statewide distribution of housing for convicted felons. R 5818 Resolution No. 5818 (1985 Series) Page 2 4. To refer a copy of this resolution to the CMC Citizens' Advisory Committee for information and coordination of their activities. On motion of Councilman Settle seconded by Mayor Billig and on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey, Dunin and Griffin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15thday of October , 1985. APPROVED: City Administrative Officer C ty Attorney /�� � �tii� - C' C.�-G ,��c, /� o��r�ieS, �. J , �� 1 w. `. rt. . �` RESOLUTION NO. 5817 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERRING FUNDS TO THE CAPITAL OUTLAY FUND FOR THE COMMUNITY PERFORMING ARTS FACILITY STUDY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Transfer $24,000.00 from the Cultural Facilities Reserve to the Capital Outlay fund. SECTION 2. Increase the appropriation in fund No. 214 - 9090 - 080 -850 by $24,000.00. On motion of Councilman Griffin seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin, Dovey and Mayor Billig NOES: None. ABSENT: None the foregoing Resolution was passed and adopted this 15th day of October , 1985. ATTEST: CITY ERK PAMELA VO S MAYOG MELANIE C. BILLIG R 5817 a Resolution No. 5817 (1985 Series) Page 2 APPROVED: City Administrative dffibdr /Wlity Attorney S. , Acting Fin4cf/bipo6ctor RESOLUTION NO. 5816 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND HALL GOODHUE HAISLEY AND BARKER (HGHB). WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the city and Hall Goodhue Haisley and Barker (HGHB) is hereby approved and the Mayor is authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by It to: the Finance Director and Hall Goodhue Haisley and Barker On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of October .no s s s s s & Z Q /' c Acting City A ,AministAative Of is F' ce Director ity' Attorney R 5816 donsv/fa4?Ls �fI6 � 11)3 � c le-11 f f rl 1 4 aim f - 17 " 4. - � I -!:, . t , r, CONSULTANT'S SERVICES AGREE= -IVT This agreement, made this 15th day of October , 1925, by and between. the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and HALL GOODHUE HAISLE1 AND BARKER OF SAN FRANCISCO AND MONTEREY, CALIFORNIA, (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the Community Performing Arts Facility Study. The services being provided by this consultant under this contract are to assess the siting, financing, major features, operations and long -term maintenance of a community performing arts facility; and WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth in Exhibits "A" through "E ", attached hereto. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. Cam. The City Administrative Officer (C.A.O.) shall be the representative of the city for all purposes under this agreement. The C.A.O., or his designated representative, hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. b. Consultant.. Consultant shall assign a single Project Manager to have overall responsibility for the progress and.execution of i this agreement for Consultant. David Vadnan is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the C.A.O. Consultant's Project Team is further described in Exhibit "E" attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "E" shall not be changed except by prior approval of City. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibits "A" and "B" attached hereto and incorporated herein by this reference. b. Laws to be.observed. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, -2- ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regalations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. C. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quant -ities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct 9:.. 3s e. Qualifications of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY City agrees to cooperate with Consultant and to perform that work- described in Exhibit "D" attached hereto and incorporated by this reference. -3- Em t i The Consultant will perform the work in phases as described in Exhibit "A". Consultant will bill City as provided for in Consultant's fee schedule as described in Exhibit "C" attached hereto. City will pay this bill within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit "C" without prior approval of the City's Project Manager. 5. TIME FOR COMPLETION OF THE WORK Program scheduling shall follow the attached chart (Exhibit "B ") unless revisions to the chart are approved by the City's Project Manager and project's Management Consultant. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION The C.A.O. shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION a. Right to suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of -4- S. Consultant, City shall be obligated to compensate Consultant only for that portion of consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. Consultant shall furnish city with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. All original drawings, plans, documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall -5- J become the permanent property of the City, and shall be delivered to the City upon demand. Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for-under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT: SUBCONTRACTORS:. McLOyEES This agreement is for the performance of professional consulting economic and planning assessment services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICE All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: City Administrative Officer City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Consultant: Hall Goodhue Haisley & Barker 282 Second Street San Francisco, CA 94105 13. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants .that, in the IM performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is e_-xpressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. IMEWITY Consultant hereby agrees to indemnify and save harmless City: its officers, agents, and employees of and from: 1. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; 2. Any and all damage to or destruction of any property, including the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; 3. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the -7- result of the negligence or willful misconduct of City, its officers, agents, or employees; 4. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and 5. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand C of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Consultant. 15. WOMMS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self - insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. -8- 16. INSURANCE At the request of the City, Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City. 17. AGREE= BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, a covenant, condition, ordinance, or law. The subsequent acceptance by w either party of any fee or other money which may became due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. CASTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. DISCRINIINATION No discrimination shall be made in the employment of persons under ME e Cam\ this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law.or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement_ Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Ehployment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Consultant is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Consultant shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Consultant is found to have been in such noncompliance as damages for said breach of contract, or both. -10- 21. AGREZ_.NT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement beti-een City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first above written. FALL GOODHUE•HAISLEY & BARKER t C��By A"TFS . City Clerk Pamela s CITY OF SAN LUIS OBISFO -11- Exhibit "A" PERFORMING ARTS FACILITY WORKPLAN Study Objective: The purpose of this study is to formulate a specific project scope and financing plan that can be used as a road map to fund, construct and operate a community performing arts facility. The objective of the HGHB team is to explore creative concept alternatives and their economic ramifications, then reach a well documented recommendation for the scope of a performing arts facility that will have broad community support, and will match resources with needs. In close consultation with the city, the consultant team will organize its work around a series of workshops. PART ONE Task 1.1:. Orientation and Organization This task will consist of discussion.with.representatives of the City regarding: ,o The goals for the feasibility study. o Identification of prior studies and resource materials. o Clarification of the Work Plan. o A refined schedule for completing the work. o Participation and information to be provided by the City and Committee o Procedures for communication and documentation during the project. Task 1.2: Review of Prior Work; Reconnaissance of Community The objective of this task is to build upon all previous thinking and prior work on the project, and to gain an overview of the present cultural facilitiets. It will include: o A review of previous economic studies and any other analysis by the city relevant to performing arts facilities in the downtown area or greater San Luis Obispo area. o Interview of key community representatives to obtain an overview of the history of previous efforts. Task 1.3: Review Candidate Sites Visit candidate sites for the facility. Evaluate how the performing arts facility can fit within the urban fabric and become a positive element reinforcing other community objectives. Weigh important factors of convience, cost, image, and urban impacts. Task 1.4: Review Other Facilities-in the -Area The purpose of this task is to consider an optimum utilization of all facilities in the community. Review the use of other facilities in the area that could impact the audience for proposed facilities. Identify other facilities planned for the future which may influence event activity at the performing arts facility. Examine the adaptability of existing facilities for additional cultural events and influence the use of new performing arts facilities. Presentation No. 1 Workshop: Goals, Priorities, Existing Conditions Thisrworkshop will enable the consultant team to define project goal's, to.meet prime user groups and discuss their needs; to review past proposals; to develop criteria for project feasiblity; and to explore all the positive links between the project and the commercial, cultural, educational and recreational life of the San Lius Obispo community. PART TWO Task 2.1: Identify User Needs and Plausible Events Define the range of events desired by the community at the facility and for which there is a perceived need. Evaluate current and future program plans: scheduling; use philosophy; requirements for music, dance, musicals, speech, media, assembly, and special community events. Determine user's needs and support requirements, as well as their tolerance to charges for use of the facility. The frequency of use and their commitments to utilizing the facility through rental or other arrangements will be noted for making future projections.. Task 2.2: Review Facilities in Cities Comparable to San Luis Obispo The purpose of this task -is to establish patterns of use and creative ideas in comparable communities. The project team will identify cities that are comparable to San Luis Obispo, based on size, income and proximity to other cities. Secondly, we will contact 3 or 4 selected cities to obtain information on facilities and events and develop an objective presentation of comparable information. Task_2.3:_ Develop Program.Alternatives From the preceding tasks we will consider a wide range of alternative concepts of a facility to accomodate a range of events. From this range of alternatives, the consultant team will select a maximum of three alternatives for presentation at the workshop. This determination will be based on the needs identified from prime user groups and other events sponsors, and the review of existing facilities. Solutions for alternative configurations will be diagramed to accomodate program alternatives and these will be tested for accomondation on candidate sites. The selected alternatives will be presented with comparative information to equate owner short and long term use policy, recommend space and planning change, and cost. This comparative information will indicate the program, operating, and revenue effectiveness. Task 2.4: The economic consultants will examine a range of funding / ownership / financing approaches as broad concepts, together with operating and management concepts. These will relate to different program, building type, and site conditions. Presentation No. 2. Workshop: Review Concept Alternatives, Select Preferred Concept The material developed .at this stage will be up to three options for new facilities based on the prime user needs, the analysis of existing facilities and the market, and the collective experience of the consultant team and the evaluation against criteria developed in the first workshop. The consultant team's role is to offer information on all the program ramifications and tradeoffs, for the City's decision. This conference should result in a clear direction for proceeding with a selected concept. PART THREE Task 3.1:- _Summarize the Selected Alternative Based on the results of the workshop the consultant will summarize the selected scheme in program, spaces, and equipment requirements, together with operating and financing concepts. Task 3,.2: Test Facility Concept._for .Site and_Ur-ban_Desicth Impacts "- - Identify and test critical issues of mass and scale that are basic to the questions of fitting into the existing urban condition and overall appropriateness. Diagrammatic and graphic material will be developed that communicate this information. Task 3.3: Proiect Capital Costs Estimate all identifiable capital costs based on the projected building area for construction related surface improvements on site. Costs will be identified by major component including recommendation for design and estimating pontingencies and escalation of costs to future start tunes. 'Costs projections for utilities disruptions relocations or substantial modifications, if applicable will be solicited from the City. Task-3.4s. Prepare Estimate of Revenue and Expenses Based on the market information for use and attendance and the insights of the economic consultants, projections of revenue and operating expense, future operations and expense estimates will be developed. The estimates will identify fixed costs and variable costs. Revenue estimates will be developed from an evaluation of potential sources including admissions, rental charges, concessions or food service, parking and others. Expense estimates will be identified based on typical costs for labor, utilities, contract services, maintenance and repair, insurance and promotion. In addition we will recommend a capital reserve for major maintenance and repair improvement. From estimates, a projected overall net operating position will be determined. Task 3.5: Recommend Funding. Program This task will provide the City with a description of the key action to arrange funding. A timetable related to these actions will be developed to identify assumptions on develop- ment of the project. The economic consultant will work with the City to identify a single mixed use project program to analyze for consideration of a private financing solution as is appropriate for the selected site / program alternative. Task 3.6: Recommend Organizational Structure There are various organizational forms under which managers of publicly -owned facilities can operate. The consultant team will identify and evaluate these forms and recommend which system appears to be the best suited for the San Luis Obispo situation. Task 3.7: Prepare Reoort Prepare camera ready copy of a report of the feasability study. The report will summarize the study, its process, investigations and conclusions. The purpose of the report is to clearly define the City's decisions and the team's recommendations for an action plan for proceeding with implementation. As much as is possible within the scope of work, final products will be developed with an eye for use in subsequent public presentation and fund raising. Presentation No. 3 Presentation of Report to City Council. The final report findings will be reviewed and costs and benefits for future use and attendance summarized, so that all parties. understand the basis and rationale for all concluding recommendations. The consultant team will make recommendations on future steps and implementation. Exhibit "B" Work Plan, Feasibility Study Item Contract Approval Orientation, Site Visit Presentation No. 1 (Workshop) Presentation No. 2 (Workshop) Presentation No. 3 (City Council) Date October 15 October 22 November 12,1.3 January 9 February 11 The final presentation may be scheduled February 25 depending upon task work completion in part 3 of the analysis. Task work will be planned in accordance with the Presentation schedule. a Exhibit "C" Schedule and Budget Completion of the project requires twelve weeks. Based on the holidays during the project completion period, the final report and presentation will not occur prior to the last week in January 1986. The work plan Exhibit "B" generally indicates the flow of information and the times for each of three meetings in San Luis Obispo. Compensation shall be a lump sum amount of $43,000 (forty -three thousand dollars) for all professional services with additional compensation for direct expenses incurred in completing the work. Reimbursable expense will include the costs of transportation and living expense, reproduction, telephone communication, clerical support and computer services. Direct expense is estimated to be in the range of five thousand to six thousand dollars. Four invoices will be submitted as the work proceeds based on the following schedule: Work Period Amount (%of total i `Weeks 1 -4 30% Weeks 4 -8 30% Weeks 9 -12 308 Following final presentation 10% Direct expense will be reimbursed based on 1.1 times the costs incurred. Expense will be invoicied with professional services and include prior periods. Invoices are due and payable upon receipt. Exhibit "D" City of San Luis Obispo to provide: 1. All prior studies relevant to this study (performing arts, public assembly facilities considerations, downtown development plans, etc). 2. A technical assistance committee of 5 to 7 persons to work with the City Administrative officer and provide city representation at workshops numbers one and two. 3. Information for all candidate sites for the performing arts facilities (location, site dimensions, ownerships, value, zoning or other development guidelines, etc). 4. Listing of other facilities in the area for performing arts and public assembly use. 5. Listing of all organizations (and contact individual) in the greater San Luis Obispo area for consideration of user needs. 6. `Scheduling of all workshop participants other than the HGHB team (people and space). 7. City organization and other local jurisdiction organization information relevant to recommending on organization plan for the facility. 8. Financial proceeds and legal information relevant to funding alternatives and selection. Exhibit "E" • :.gl)�y eve 41 1L, el These principals and key associates will be committed to the project, not only to lead the effort but to perform the essential tasks themselves: Principal in Charge: Project Manager: Economic Consultant: Finance Consultant: Theater Consultant: i Douglas Barker, AIA David Vadman, AIA James Vas Dias Virginia Forler Ron Jerit � �,..;/ �: � ✓. ��� fir..,- �'t.c� -�-�- c �`-� RESOLUTION NO.5815 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF PRELIMINARY DETERMINATION AND OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS FOR MADONNA ROAD ASSESSMENT DISTRICT BE IT RESOLVED by the Council of the City of San Luis Obispo as •I.M That the City Council does hereby preliminarily determine that the public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof. 1. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in the Municipal Improvement Act of 1913 and Section 19 of Article XVI of the Constitution of the State of .California. 2. A11 of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on said plans to be done therein. Said streets and highways are or will be more particularly shown in the records in the office of the County Recorder of San Luis Obispo, State of California, and shall be shown upon said plans. R 5815 3. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 4. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 5. This Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this city. 6. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. -2- iJ k� 7. Said contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which are shown on a map thereof on file in the office the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 8. This Council declares that all public streets, highways, lanes and alleys within said assessment district in use in the performance of a public function, and all lands owned by any public entity, including the United States and the State of California, or any departments thereof, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 9. Said acquisitions and improvements are hereby referred to Wayne Peterson, City Engineer of this City, as Engineer of Work for this assessment district, employed by this City for the purpose hereof, and said Engineer of Work is hereby directed to make and file with said Clerk a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvement if the improvement is not already installed. The plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into M13 i zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the report as a combined document. (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances, or property are to be acquired as part of the improvement. (d) An estimate of the cost of the improvement and of the cost of land, rights -of -way, easements, and incidental expenses in connection with the improvement, including any cost of registering bonds. (e) A diagram showing, as they existed at the time of the passage of the resolution of intention, all of the following: 1. The exterior boundaries of the assessment district. 2. The boundaries of any zones within the district. 3. The lines and dimensions of each parcel of land within the district. Each subdivision, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several -4- i subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. When any portion or percentage of the costs and expenses of said acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. 10. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of law, for one or more of the following purposes: (a) Transfer to the general fund of this City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. 11. Wayne Peterson, City Engineer of the City of San Luis Obispo, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at City Hall, 990 Palm Street, San Luis Obispo, California 93401, or by calling (805) 549 -7100. 12. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, Q.M or are to be owned, managed and controlled by, any public agency other than this City, or of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the Streets and Highways Code, which agreement may provide for, among other matters, the ownership, operation and maintenance of such agency or utility of said works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 13. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed nineteen (19) years from the second day of September next succeeding twelve (12) months from their date. 14. The provisions of Part 11.1 of Division 10 of the Streets and Highways Code, providing for an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply to bonds issued pursuant to Paragraph 13 above. 15. Notice is hereby given that it is the intention of this Council to consider adoption of an ordinance, pursuant to Section 10205 of the Streets and Highways Code, authorizing contributions by the City of San Luis Obispo, from any sources of revenue not otherwise prohibited by law, of a specified amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interests in real property and the payment of expenses incidental thereto for the use and benefit of the assessment district contemplated by this Resolution, and to consider authorizing application of such revenues as a credit upon the assessment to be levied in proceedings pursuant hereto. 16. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of Division SO of the Streets and Highways Code of the State of California. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None -7- the foregoing Resolution vas passed and adopted this 15th day APPROVED: ague, a S City Administrative Of cer /ci Attorrfey 1, �/� i i i• i Finance Direct ., City Developme t Director -8- WORK DESCRIPTION MADONNA ROAD ASSESSMENT DISTRICT Within the City of San Luis Obispo, County of San Luis Obispo, the following improvements shall be constructed according to plans and specifications to be approved by the City of San Luis Obispo, the California Department of Transportation and such regulated public utilities as may own, operate and maintain said improvements upon their respective completions: 1. The widening and improvement of Madonna Road including all required removal of existing pavement, grading, pavement, curbs, gutters, sidewalks, median islands, conforming changes at the intersection of Madonna Road and Zozobra Road, street lights, traffic signals and controls, street signs and striping and the installation of required storm drainage, water, sewer and gas and electric utility facilities; 2. A public parking lot bounded by Highway 101, Madonna Road, Zozobra Road and E1 Mercado Road including approximately 1300 parking spaces, clearing, grading, paving, striping, signs, and lighting as required; 3. Landscaping as required to be installed in conjunction with items 1 and 2 above, including shrubs, ground cover, trees, required irrigation and lighting and control systems and decorative features; 4. Improvements to portion of the freeway interchange at Madonna Road and Highway 101 including off and on ramps, clearing, pavement, signs, striping and conforming changes as required; and 5. The acquisition of all rights -of -way, easements, licenses, franchises, and permits and the performance of all auxiliary work necessary and /or convenient for the accomplishment of the foregoing improvements. EXHIBIT "A" ����r�`J �� C� ������ �� I� RESOLUTION NO. 5814 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING ENGINEER FOR MADONNA ROAD ASSESSMENT DISTRICT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WH]MREAS, this Council has determined to undertake proceedings pursuant to appropriate assessment and assessment bond acts for the acquisition and construction of public improvements; WHEREAS, the public interest and convenience will be served by appointing and employing an engineer for the preparation and conduct of said proceedings; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That Wayne Peterson, City Engineer of this City, is appointed as Engineer of Work and directed to do and perform all engineering work necessary in and for said proceedings, including the preparation.of the requisite plans, specifications, maps and descriptions of easements, estimate of costs, diagram and assessment, and that compensation therefor is hereby fixed at a reasonable engineering fee for all of said engineering services, said fee to be approved by this Council. 2. That the expenses of said engineer be assessed as an incidental expense of the proceedings and be payable from the proceeds of assessments and sale of bonds. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll R 5814 Resolution No. 581485 Series) Page 2 call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted thisl5th day APPR ct�2 Q City Administrative Offi r 1 /Ci Attorney Finance Direct "4�'� go Cc m unity D6velbpnent Director 'J�l` e&rl �y RESOLUTION NO. 5813 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1259 LOCATED AT 2100 SAN LUIS DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1259 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in a R -1 -S and C /OS -40 zones. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration subject to incorporation of the following measures into the project: a. Relocation of existing Union Oil Company lines and high pressure gas lines to the approval of the City Engineer to minimize conflict with proposed utilities. b. Provision of a 6 -foot high masonry landscaped wall along the northerly property line of proposed lot 17 to reduce exterior noise levels in rear yard. C. All building designs shall include special construction and site planning measures to maintain maximum interior and exterior noise levels at 45 dBA and 60 dBA (Ldn), respectively. 5813 C� Resolution No.5813 (1985 Series) Tract 1259 Page 2 d. Additional landscape planting along northerly boundary of tract adjacent to highway 101 to provide dense visual screening. e. Detailed grading plans and grading procedures shall be submitted for each individual lot. Grading plans will specify existing and proposed grading, tree information as noted under "f" below, type or types of foundation systems allowed, proposed maximum building envelope and schematic foundation layout. f. Tree protection program outlining measures to be taken before, during and after construction to preserve trees, and wildlife habitat shall be submitted prior to tentative map approval. 6. The proposed subdivision and recommended conditions of approval address special considerations of slope, flood hazard, and noise, and satisfy use permit requirements under the site's "S" zone designation. Section 2. Exceptions. That the approval of the tentative map for Tract 1259 shall be subject to the following exceptions: 1. Allow a 1015 foot long cul -de -sac street where a maximum of 600 feet is normally allowed. 2. The requested subdivision exception is justified, based on the findings: a. That the property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of these regulations; and b. That cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification; and C. That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity; and d. That granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the city. �I Resolution No. 5813 (1985 Series) Tract 1259 Page 3 SECTION 3. Conditions. That the approval of the tentative map for Tract 1259 be subject to the following conditions: 1. Existing oil lines and high pressure gas lines shall be relocated to reduce conflicts with proposed utilities, to the approval of the City Engineer. 2. Water acreage fees shall be paid prior to approval of final map as determined by the City Engineer. 3. Standard curb and gutter shall be constructed on both sides of San Luis Drive. The requirement for sidewalk on the north side of San Luis Drive is hereby waived. Sidewalk installation on the south side is deferred, and shall be installed on 90 -day notice by the City Engineer. 4. Subdivider shall dedicate to the city proposed lot A for purposes of creek access, maintenance, and future improvements to the approval of the City Engineer. 5. Subdivider shall install all creek improvements necessary to facilitate construction of street extension, including erosion protection and bank revegetation, to the approval of the City Engineer and Community Development Director. 6. Subdivider shall install 20' wide paved fire access road and locked gate from San Luis Drive cul -de -sac to Highway 101 across Lot A, to the approval of the City Engineer. 7. Subdivider shall provide minimum 1 -inch layer of asphaltic concrete (A.C.) paving over existing San Luis Drive from Corralitos Avenue to Tract boundary to repair damage from subdivision improvements, to the satisfaction of the Public Works Department. 8. Subdivider shall acquire necessary easements and install an 8 -inch diameter water main connecting the new San Luis Drive main to existing 14 -inch main adjacent to Highway 101, to the approval of the City Utilities Engineer. 9. Final map shall show areas subject to inundation in a 100 -year storm. 10. Subdivider shall enter into an agreement and post surety with the city to guarantee protection of trees, as noted in Exhibit "A ", to the approval of the Community Development Director. Resolution No. 5813 Tract 1259 Page 4 (1985 Series) 11. A perpetual open space easement over all lot areas above the 30% slope line, "Lot All and parcel identified as "not a part", as shown in sheet 1 Of tentative.map dated July 9, 1985 shall be granted to the city subject to the approval of the City Attorney. The open space easement will be to maintain the area in its natural open space character. The easement shall run with the land and provide the following limitations on land use or alterations of the area: a. No structures will be placed or erected on said premises. b. Fencing appropriate to open space preservation shall be approved by the Community Development Director. Solid fencing shall not be allowed. C. No advertising of any kind or nature shall be located on or within said premises. d. Owner shall not plant, nor permit to be planted, any vegetation upon said open space area except for erosion control, fire protection and soil stabilization or as allowed and approved by the Community Development .Director. e. The general topography of the area shall be preserved in its natural or existing condition. No grading shall be allowed except as permitted by the Community Development Director for agricultural or creek improvement purposes. f. No extraction of natural resources except for water-. g. No removal of natural vegetation except for fire protection or elimination of diseased growth, as approved by the Community Development Director. 12. Subdivider shall install additional landscaping along and within Caltrans right -Of -way and- "Lot A"- to enhance visual. and noise buffer from Highway 101. Plans for said planting shall be prepared by a qualified professional and approved by the Community Development Director and California Department of Transportation. 13. Subdivider shall request annexation to the City of San Luis Obispo the entire area shown as "not a part" on sheet 1 of tentative map dated July 9, 1985 along with portions of lots 15, 16, and 17, prior to final map approval. Resolution No. 5813 Tract 1259 Page 5 14. Subdivider shall building sites. dead wood shall approval of the (1985 Series) provide a 30 foot wide firebreak along rear of Within said firebreak, understory shrubs and be hand cleared and trees safety pruned, to the City Arborist. 15. Subdivider shall file a parcel map to adjust lot lines between Tract 43 and Lot A, or shall revise map to show existing lot line correctly on final map, to the approval of the Community Development Director. 16. Final map shall note that lot grading is restricted on all lots in the tract to driveways and areas within building foundations. Padding of lots is prohibited, and special foundation design measures may be required to the approval of the Community Development Director. 17. Final map shall note that building coverage shall not exceed 40 percent of new lot area. Net lot area shall be defined as lot area below the 30 percent slope break line as shown on the final map. "Coverage" shall be as defined by Chapter 17.16.030 of Zoning Regulations. 18. All houses shall be constructed of fire resistive materials to the approval of the Community Development Director, and fire hydrants shall be installed so that no house is farther than 150 feet from a hydrant to the approval of the Fire Department. 19. Final map shall note that if rear yard fencing is installed, it shall be consistent with a uniform fencing plan for the tract on file at the City Community Developement Department. Subdivider shall submit a plan for Community Development Director approval showing fencing location and design. 20. Final map and improvement plans shall contain a note that if during construction of tract improvements any evidence of archaeological resources is found, all work shall stop and an archaeologist or other appropriately trained professional approved by the Community Development Director shall be called in to further analyze evidence found in the area. All cost of future analysis shall be the subdivider's responsibility. 21. Subdivider shall clear debris, dead vegetation, and other creek restrictions from San Luis Creek to the satisfaction of the Public Works Department. 22. Final map shall note that "all lots are sensitive sites requiring architectural review and approval before development. 23. Final map shall include provisions for preserving trees including irrigation and landscaping guidelines adjacent to base of trees, restrictions on grading and pruning of trees, and subdivider shall provide an informational brochure to all new homeowners in tract regarding care of native oaks. Resolution No. 5813 (1985 Series) Tract 1259 Page 6 On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 15th day of October , 1985. APPR D:. City Administrativ Off' er 4AU �� ", &,,-" �i Attorney 7::m' �-� 2 =&- - Comunity Devel pment Director �s �,, %� . � Suba�i �� er r� RESOLUTION NO.5812 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING ACTION TAKEN BY THE ARCHI- TECTURAL REVIEW COMMISSION CONDITIONALLY APPROVING A REQUEST FOR EXCEPTIONS TO THE SIGN REGULATIONS AND ARCHITECTURAL RE- VIEW COMMISSION - APPROVED SIGN PROGRAM FOR WILLIAMS BROTHERS MARKET AT 1350 MADONNA ROAD (SA -3400) WHEREAS, the Council of the City of San Luis Obispo considered the appeal of CN Signs & Graphics of a decision by the Architectural Review Commission conditionally approving a request for exceptions to the Sign Regulations and Architectural Review Commission- approved sign program for the Williams Brothers Market at 1350 Madonna Road, and conducted a public hearing on the matter; and WHEREAS, the council considered actions taken on September 3, 1985 by the Architectural Review Commission, by reviewing staff reports, commission minutes, and recommendations; and WHEREAS, the council agrees that the decision of the Architectural Review Commission in conditionally approving the proposed signs was the appropriate action. NOW, THEREFORE, the council resolves to deny the appeal and uphold the Architectural Review Commission's decision conditionally approving proposed signs for Williams Brothers Market at 1350 Madonna Road with the following findings: 1. The various exceptions approved by the Architectural Review Commission are justified by special conditions, specifically the larger than normal size of the building facade and greater than normal setback from the street. 2. The metal cabinet signs proposed by the applicant are incompatible with the architectural character of the approved sign program for the center. R 5812 Resolution No. 5812 (1985 Series) Page 2 On motion of Councilwoman Dovey - , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Gr- iffin, Settle and Mayor Billig NOES: Councilman Dunin ABSENT: None the foregoing resolution was passed and adopted this 15th day of _October . 1985. I&,A a s City Lv& Off CItj Attorney Community bev6lopment Director -icy /� RESOLUTION NO. 5811 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: Material Removal - Debris Storage K -51H PROJECT: Basin, Reservoir Canyon CITY PLAN N0. ESTIMATE: $189,000.00 BUDGET ACCOUNT: Fund No. 843 BIDDER: Branch Earthmoving Equipment, Inc. BID AMOUNT: $119,099.79 Paso Robles, CA NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this October 1985. ATTEST: (L CITY CLE PAMELA VOGES APP ^ City Administrative bfficirr jCi' y Attorney 15th day of R 5811 /' / /i`. ��, RESOLUTION NO.5810 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CAL COAST CHARTER, INC., FOR THE PURPOSE OF PERMITTING TAXICAB SERVICE IN THE CITY OF SAN LUIS OBISPO WHEREAS, Cal Coast Charter, Inc., desires to provide taxicab service in the City of San Luis Obispo; and WHEREAS, Cal Coast Charter, Inc., has filed an application for Certificate of Public Convenience and Necessity with the City Clerk's Office pursuant to Municipal Code Section 5.20.030 (Exhibit "A" attached); and WHEREAS, the public convenience and necessity require the granting of a Certificate of Public Convenience and Necessity. NOW, THEREFORE, BE RESOLVED that the City Council of the City of San Luis Obispo hereby grants a Certificate of Public Convenience and Necessity to Cal Coast Charter, Inc.., for the purpose of permitting taxicab service in the City of San Luis Obispo pursuant to Municipal Code Section 5.20.020; and authorizes the City Clerk to issue a taxicab permit for each taxicab now operated by Cal Coast Charter, Inc., within the city. On motion of Councilwoman Dovey, seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed adopted this 15th day of October , 1985. ATTE VIM CIT CLERK PAMELA GES R 5810 Resolution No. 5810 (1985 Series) Page 2 Approved: e,,ta City Administrative 0 five it Attorney (/ J j ity Clerk J J E%hib'it "A" A P P L I C A T I O N For Certificate Of Public Convenience and Necessity 1. Date Applied: October 7, 1985 2. Name Of Corporation: Cal Coast Charter 3. Principal officers: Peter Dworkis, President Norma Dworkis, Secretary/Treasurer 4, Number, kind and type of vehicles to be operated for taxi service: Three - 1985 Ford LTD four door Sedans One - 1977 Checker four door cab 5. Identifying number of each taxicab:C -7. C -8. C-9_-(1-_-3 6. Description of color scheme, insignia, trade style: Taxi Cab yellow body paint with name Yellow Cab Co., vehicle number and phone number in black letters and or rnmmerals 7. Reasons tending to prove that public convenience and necessity require the granting of the certificate: Public demand for_ door to door service warrants the existence of a Taxi Cab Company, and the issuance of a certificate permitting operation. 8. Current Rates: $1.50 - flat drop 1.50 - mile $9.00 - hour (wait time) I, Peter Dworkis , President of Cal Coast Charter, Inc., do hereby solemnly swear under penalty of purjury that foregoing is true and correct. �. Eframe . •: t ' Peter Dworkis, President RESOLUTION NO. 5809 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING AN EXCEPTION FROM THE GROWTH MANAGEMENT REGULATIONS FOR WILLOWBROOK CONDOMINIUMS AT 3985 HOLLYHOCK WAY The Council of the City of San Luis Obispo resolves: SECTION 1. Findings. 1. In accordance with state and city environmental review guidelines (Section 15305), the exception request is determined to be categorically exempt, as a minor alteration in land -use limitations. 2. As provided in the Residential Growth Management Regulations (S.L.O.M.C. Section 17.88.040): A. It would not be desirable to construct the project in phases because it consists of an integrated group of buildings. B. Completion of the project would not significantly conflict with the long -term objectives of the regulations, considering recent and anticipated construction levels. SECTION 2. Action. An exception is hereby approved authorizing issuance, during October 1985, of building permits for Unit I of Willowbrook Condominiums (Tract 1229), consisting of 28 residential units. On motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None R 5809 Resolution No. 5809 (1985 Series) Page 2 the foregoing resolution was passed and adopted this 15th. day of October , 1985. "P. � /), , " - Cit Clerk Pamel v Voges APPROVED 1 ae-4 a s City Administrativ Offi er i Ci y Attorney Community Development Director �OSS � . ,� /�� -� �.. ' I i RESOLUTION NO.5808 (1985 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING JEFFREY THACKER AS ASSISTANT TO THE CITY TREASURER AND RESCINDING RESOLUTION 5323 BE IT RESOLVED by the Council of the City of Sah Luis Obispo as follows: SECTION 1. Jeffrey Thacker is hereby appointed as Assistant to the City Treasurer and shall have authority to sign all checks, drafts, and other orders for and on behalf of the city for deposit, encashment, or investments, in accordance with Government Code Section 53601. when the City Treasurer is unavailable. On motion of Councilwoman Dovey _ , seconded by Councilman Settle and on the following roil call vote: AYES: Councilmembers Dovey; Settle,- ,Dunin.j- Griffin and. Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1'5-tlh day of October, PE•k19 ATTE T: CIT CLERK PA;kELA G -S APP ED: Q S City Administrative Of icer ity Attorney MO M R 5808 RESOLUTION NO. 5807 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: Street Improvement Project - Chorro CITY PLAN N0. J -01A PROJECT: St., Lincoln Ave. to Foothill Blvd, ESTIMATE: $121,915.00 BUDGET ACCOUNT: Fund No. 860 Madonna Construction BIDDER: San Luis Obispo BID AMOUNT: $99,283.25 NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Dunin seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Dunin, Dovey, Griffin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 1st. day of October 1985• "�0,7� VICE MAYOR ALLEN K. SETTLE ATT ST: CI"/ CLERK �oli R 5807 j� /Q�'p�?f'tc� � �'�� �n�e� -��9 ���C� ��' /� Cfty.Of son Luis OBISPO Resolution of. appreciation RESOLUTION NO. 5806 (1985 Series) IN RECOGNITION OF THE DEDICATION AND ACCOMPLISHMENTS OF ASSISTANT ADMINISTRATIVE OFFICER GEOFFREY L. GROTE WHEREAS, Mr. Geoffrey L. Grote has been a valuable management employee of the City of San Luis Obispo since August of 1980; and WHEREAS, Geoff has filled the positions of Assistant City Attorney, Acting Community Development Director and Assistant Administrative Officer; and. WHEREAS, his performance in these positions has demonstrated his solid managerial abilities including, but not limited to, flip chart making and the handling of emergency situations; and WHEREAS, Geoff has accepted the City Manager position for the City of Ojai,.so that these management skills can be more fully utilized for the benefit of that community's residents. NOW, THEREFORE, BE IT RESOLVED that the City Council wishes Geoff luck in "running his own shop" and expresses its gratitude for the numerous accomplishments and outstanding performance which he gave to the City of San Luis Obisopo during the past six years. On motion of Councilman Griffin, seconded by Councilmember Dovey, and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Vice Mayor Settle NOES: None ABSENT: Mayor Billig t1W foregoing Resolution was passed and adopted this.lst day of October, 1985. 7. ALLEN K. SETTLE, VICE MAYOR i Lp Cfty.Of son Luis OBISPO Resolution of. appreciation RESOLUTION NO. 5806 (1985 Series) IN RECOGNITION OF THE DEDICATION AND ACCOMPLISHMENTS OF ASSISTANT ADMINISTRATIVE OFFICER GEOFFREY L. GROTE WHEREAS, Mr. Geoffrey L. Grote has been a valuable management employee of the City of San Luis Obispo since August of 1980; and WHEREAS, Geoff has filled the positions of Assistant City Attorney, Acting Community Development Director and Assistant Administrative Officer; and. WHEREAS, his performance in these positions has demonstrated his solid managerial abilities including, but not limited to, flip chart making and the handling of emergency situations; and WHEREAS, Geoff has accepted the City Manager position for the City of Ojai,.so that these management skills can be more fully utilized for the benefit of that community's residents. NOW, THEREFORE, BE IT RESOLVED that the City Council wishes Geoff luck in "running his own shop" and expresses its gratitude for the numerous accomplishments and outstanding performance which he gave to the City of San Luis Obisopo during the past six years. On motion of Councilman Griffin, seconded by Councilmember Dovey, and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Vice Mayor Settle NOES: None ABSENT: Mayor Billig t1W foregoing Resolution was passed and adopted this.lst day of October, 1985. 7. ALLEN K. SETTLE, VICE MAYOR i RESOLUTION NO. 5805 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE CITY'S EXPECTED REVENUES FOR FY 1985 -86 WHEREAS the City of San Luis Obispo has submitted a reimbursement claim of $31,177 to the Federal Emergency Management Agency (FEMA) for costs associated with the Las Pilitas Fire; and WHEREAS FEMA will fund 75% of the City's accepted claim which would be a maximum of $239383; and WHEREAS emergency equipment purchases totaling $201;075 have already been approved; and WHEREAS in the future; the Edna -Islay development will reimburse the City for the $60,000 cost of an offroad Fire engine at the time Islay Hill is developed; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That $23,383 be added to the City's expected revenues for FY Section 2. That the funds received from FEMA be placed in FEMA Reimbursement -Fire Account No. 001 - 0014 - 037 -090. R 5805 Resolution No. 5805 (1985 S� `.es) t Page 2 u On motion of Councilwoman Dovey seconded by Vice -Mayor Settle and on the following roll call vote: AYES: Councilwoman Dovey, Vice -Mayor Settle, Councilmembers Dunin and Griffin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this ist. day of October 1985. - M 1 VA � oIi"ce i irTi �IL'i[i Public WorKS Director VICE -MA OR ALLEN K. TTLE r /�'P� � �, �i /� -��� . . �, tF _, :1✓ _, �___: .. �, tF _, :1✓ RESOLUTION NO. 5804 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERRING GENERAL OPERATING CONTINGENCY RESERVE FUNDS TO FIRE; POLICE AND PUBLIC WORKS DEPARTMENTS' OPERATING AND CAPITAL ACCOUNTS BE IT RESOLVED by the City Council of San Luis Obispo that a General Operating Contingency Reserve Fund transfer totalling $232;252 be made to increase Fire; Police and Public Works Departments' operating and capital accounts to fund Las Pilitas fire costs and to purchase additional emergency response equipment as follows: SECTION 1. Appropriate $31,177 from the General Operating Contingency Reserve Fund to operating accounts: Fire 8541 - 001 -003 $13;432 8540- 008 -110 5 9'900 Police 8037 - 001 -003 $43*008 8037 - 012 -249 514 Public Works 5048 - 001 -003 5048 - 012 -249 $6;981 342 SECTION 2. Appropriate $201;075 from the General Operating Contingency Reserve Fund to capital equipment accounts: Fire 8540 - 050 -490 $94 9'575 Police 8037 - 050 -490 $ 3 ;500 Public Works 5048 - 050 -490 $103,000 R 5804 Resolution No. 5804 (1985 'xies) ti Page 2 On motion of Councilwoman Dovey ; seconded by Vice -Mayor Settle and on the following roll call vote: AYES: Councilwoman Dovey, Vice -Mayor Settle, Councilmembers Dunin and Griffin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 1st.. day of October 1.985. Approved: Q City minis ra i e UflUcer Public worKSDirector VICE -MAYOR ALLEN K. SETTLE. J1 \� RESOLUTION N0. 5803(1985 Series) A RESOLUTION OF THE'.COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1117 (John and Carol King, Subdivider) WHEREAS, the City Council made dertain findings concerning Tract 1117 as contained in Resolution No. 5107 (1983 Series), and WHEREAS, all conditions required per Resolution N6.5107 (1983 Series) have been met or bonded for, NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 1117. On. motion of Councilman, Dunin seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this _ -1st. day of October—, 1985. I VICE - MAYOR ALLEN K. SETTLE ATTEST: R 5803 Resolution No. 5803 (1985 Series) Page Two. APPROVED: v, 40�O& City A&Aastrative Officer City Att ney Co�ty Development Director 'City *ngineer JK2 /t1117 -sr by IcAt) Ki' 6& ' , I/W67/17 (7� qV6 RESOLUTION NO. 5802 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE DETACHMENT OF 197 +/- ACRES AT 2500 ROYAL WAY FROM THE CITY (DETACHMENT #1) WHEREAS, in June 1985 the Local Agency Formation Commission approved the detachment of this property from the city; and WHEREAS, the property is not appropriate for urban development now or in the future, and WHEREAS, a public hearing was held on October 1, 1985, to consider the detachment and staff evaluations. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the boundary changes shown on map, "Exhibit A", and described on the legal description, "Exhibit B", herewith attached. On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this 1st. day of October , .1985. Vice - Mayor Allen K. Settle ATTES City IClerk Pamela R 5802 Resolution No. 5802 (1985 Series) Page 2 APPROVED: City AfmAistrative Officer Community Development Director "EXHIBIT A dl \-4 PROPOSED DETACHMENT NO. 1 FROM THE CITY OF SAN LUIS OBISPO (BILLY GOAT ACRES) \ 45 i to ANNOW Rural Lands n LAGUNA S 4 0 0 � r� • R.1 -S -2-P i C / O S - 40 APN 53- 111 -22 FOSTER i -/' Rural Lands Cn s R-i- J LAF PF f.. '\> "' " " I ;�^ R�2 \'!' K'4� PF ( R- S rye � ` F Agriculture EXHIBIT A 0 J February 11, 1985 E810 c: Al that real. property situate in the County of San Lu.is Obispo, State of California, being a portion of Lot 59 of Stratton's Subdivision of the Rancho Canada De Los Osos and La Laguna, a map of said subdivision being recorded in Book A of Maps at Page 83 in the office of the County Recorder of said County; =aid portion of said Lot 59 tieing more particularly described as follows: Beginning at the most northerly corner of said Lot 59., said corner being designated as point 5189 on said map; Thence, along the northwesterly line of Said lot, South 450 41' 14" West (South 450 45'' West, per said map) 2602.83 feet, said point being the most northerly corner of that certain real property described by a deed recorded in Volume 2685 of Official Records at Page 67 ill the office of said County Recorder, said point being on the existing City Limits of the City of San Luis Obispo, said point also being the True Point of Beginning; Thence, along the northerly line of said real property described by said deed, through the following courses: (1) South 440 18' 46" East 50.00 feet (South 440 00' 35" East 50.00 feet, per said deed); (2) South 650 18' 11" East 170.00 feet (South 650 00' 00" East 170.00 feet, per said deed); (3) South 790 55' 11" East 193.68 feet (South 790 371 00" East, per said deed) ; Thence, leaving said northerly line, and continuing through the following Courses: (4) South 100 31' 34" I•lest 150.53 feet; (5) South 150 45' 00" West 270.14 feet (6).South 200 15' UV East 380.00 feet �IY• ■ it r7n rly 11 II IM1�T`' ri'!!nv F17:n 7 B CERT rl1_� r �UL,.: , Page 2 (7) South 890 04' 58" West 280.00 feet; (8) South 860 iu' 15" West 890..00 feet; (9) South 560 53' 50" East 733.68 feet to a point an the southeasterly line of said Lot 59, said point being the corner common to said northerly line and said southeasterly of said Lot 59, said point also being on the existing City Limits of the City of San Luis Obispo; (10) Thence, along said southeasterly line and said City Limits, South 510 29' 25" West 4817.67 feet (South 510 15' West, per said map) to the most southerly corner of said Lot 59; (11) Thence, along the southwesterly line of said Lot 59 and continuing along said City Limits, North 430 11' 2.5" West 1757.57 feet (North 430. 00' 00" West 1721.94 feet, per said map) to the most westerly corner of said Lot 59; (12) Thence, along said northwesterly line of said Lot 59 and continuing along said City Limits, North 450 41' 14" East 42.51.91 feet (North 450 45' East, per said map) to the True Point of Beginning. Containing 197.75 acres, more or less. ��SS � � .. � �� �� [ � /r ���. ���7�' � �7r �S RESOLUTION NO.5801 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND William B. Wittmeyer. WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the city and William B. Wittmeyer is hereby approved and the Mayor is authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by It to: William B. Wittmeyer, Community Development Director., Finance Director; On motion of Councilwoman Dovey , seconded by Councilman Griffin and on the following roll call vote.: AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 1st. day of October 1985. VICE -MAYOR ALLEN': R.^ SETTLE`.0 s * • s Finance Dire or Community Development Director R 5801 o , AGREEMENT FOR CONTRACT INSPECTION SERVICES THIS AGREEMENT is entered into this lst day of October ;1985; by and between the City of San Luis Obispo, Department of Community Development- hereinafter called the "Department ". and William- B:- Wittmeyer- -, hereinafter called the "Contractor ". WHEREAS, the Department has need for the professional services of an individual with the particular training,- ability; knowledge and experience possessed by the Contractor; NOW, THEREFORE, in consideration of the rate of $15.00 per hour, not to exceed 40 hours per week; and $.20 per mile to be paid to the Contractor by the Department,- the Contractor agrees to perform during the period 1 October 1985 through 31 December 1985, inclusive, the services set forth on Attachment "A ". On 1 January 1986, the rate per hour shall increase to $17.00 per hour for the period 1 January 1986 through 30 September 1986. In performing the above services it is understood and agreed that: 1. The Contractor is engaged as an independent contractor and will be responsible for any Federal or State taxes appplicable to this payment. 2. The Contractor will not be eligible for any Federal Social Security, State Workers' Compensation, unemployment insurance; or Public Enplvyees Retirement System benefits from this contract payment, except as a self- enployed individual. 3. The Contractor will not be eligible for any group health insurance, life insurance, vacation, sick leave or any other benefits available to Department employees employed under the Personnel Rules and Regulations of the City of San Luis Obispo. 4. The Contractor shall submit on the first and fifteenth day of each month his invoice for the work performed during the prior period. Payment will be mailed to the Contractor approximately two but not more than three weeks after sutmittal of invoice. Invoices are to be suhnitted to the Building Official. 5. Contractor shall hold Client harmless and indemnify client from any claims; liabilities; penalties, fines; or any damage to goods; properties, or effects of any person whatever, nor for personal injuries or death of any person resulting frwn any negligent act, error or omission of Contractor. 6. Contractor shall commence work upon mutual approval of this agreement. 7. Attachnent B is the Standard Terns and Conditions that are incorporated by reference as though set out in full. This contract and any amendments to this contract will not be effective until approved by the Finance Director of the City of San Luis Obispo. CDWRACPOR WILLIAM B. WITTMEYER Signed 4 Print Name-,60 -' ,5 /,r) 1287 Cayucos Drive Address" San Luis Obispo; CA 93401 SS# 572 72 -1617 Finance Dii/ rec!t�or Date % n! V--�d s CITY OF SAN LUIS 0 'SPO i VICE -MAYOR ALLEN K. SETTLE ATTAC�T "A" SCDPE OF SERVICE 1. THE ODNTRACMR WILi.'BE RESPONSIBLE FOR; BUT "NOT LIMITED TO: A. Providing all on -site building inspections for strict code compliance with the Uniform Building Code, Uniform Plumbing Code; Uniform Mechanical Code, National Electric Code; Title 24 energy requirements and Title 25 sound mitigation; plus compliance with the approved plans and specifications. At no time will the "Inspector" perform any work for the building regardless of how incidental it may seem. The "Inspector" is a representative of the City placed at the job site only to inspect the construction of buildings. B. Reporting and recording any and all deviations or changes, errors or cmissicns to the approved plans or specifications. C. Stopping any work not in compliance with approved plans, specifications and /or current codes. D. Instructing the developer/building of code requirements and acceptable compliance when questions arise. E. Verifying before incorporating into the buildings; the acceptability of prefabricated corrponents by requiring certificates of fabrication inspection or the listing of fabricators as being prior approved. F. Verifying the presence of deputy inspectors from quality control agencies, when required, for specialty type work as set forth in Section 306 of the U.B.C. G. Keeping a daily record of all inspections and events relating to the construction. All reports are to be filed with the City daily for review and typing. All reports became the property of the City but a copy may be retained by the Contract Inspector. H. Not committing or obligating the City in any manner which will place the City in a compromising position. 2. M CONTRACTOR R-WILL BE "RESPONSIBLE "Ft�R FURNISHING THE FOLLOWING: A. Transportation with current automobile liability insurance in the amount of fifty /one hundred thousand dollars coverage. B. Medical insurance on him/her self. C. Valid California Class III driver's license. D. All necessary tools and equipment required to support the activities of a building inspector. E. Any safety clothing for him/her self; required by the building of the buildings, for personnel safety on the project. ATTAQiMENT "B" SPANDARD TERMS AND ODNDITIONS 1. ALTrHORITY. Each party has full power and authority to enter into and perform this contract, and the person signing this contract on behalf of each has been properly authorized and empowered to enter into this contract. Each party further acknowledges that it has read this agreement, understands it, and agrees to be bound by it. 2. INDEPENDENT ODNPRACTOR. It is specifically understood and agreed that in the creation and performance of this Agreement, CONTRACTOR is an independent contractor, and is not and shall not be construed to be an enployee or agent of the CLIENT. 3. NON- ASSIGNABILITY. This Agreement is for the professional services of ODNPRACMR and is non- assignable without the prior written consent of the CITY. l J 4. INTEREST OF CONSULTANT. CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 5. FACILITIES TO CONSULTANT. The CLIENT agrees to perform the following work: Typing of daily reports, letters and any other miscellaneous correspondence relating to the construction. 6. PUBLICATION, REPRODUQ'ION, AND USE OF MATERIAL. The CLIENT shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Agreement. 7. CONFIDENTIALITY. Any reports, information or data given to or prepared or assembled by the CONTRACTOR under this Agreement which the CLIENT requests in writing to be kept confidential shall not be made available to any individual or organization by the CONTRACTOR without the prior written approval of the CLIENT. CONTRACTOR is entitled to retain copies of all data, working `J papers; interim documents; memoranda; and reports produced under this Agreement. However, nothing contained herein shall prevent the disclosure of such information if compelled by legal process, and in the event thereof, only after notice to CLIENT. 8. AMENDMENTS TO THE CDNTRAOr. . No amendment to this agreement shall be effective unless it is in writing and signed by duly authorized representatives of both parties. 9. DISPUTED INVOICES. In the event that CLIENT disputes any item on an inwice; CLIENT shall notify the WNTRA=R of this disputed item within five working days of receipt of the inwice. CLIENT will approve payment of items on an invoice that are not in dispute and CLIENT and CONTRACTOR will proceed to negotiate, arbitrate or litigate the disputed items as specified elsewhere in this Agreement. 10. AUDITS AND INSPECTIONS. Upon reasonable notice, CLIENT may inspect any books, records or other materials that pertain directly to this Agreement. r 11. CCMPFNSATION FOR TESTIM7NY AND PREPARATION THEREOF. If any legal action other than action that is the result of incompetence or malfeasance by the OJNPRACPOR, is brought against the CLIENT by any third party in connection with this Agreement, and it beccmes necessary for WNTRACrOR to testify, provide information or produce material in any such action, or if the CLIENT requests such involvement, the CLIENT shall compensate the ODNTRACTOR for time so spent at O:)NPRACPOR'S standard rates then in effect and for any expenses, including attorney's fees reasonably incurrred in connection with such testimony or production or the preparation thereof. Such compensation shall be in addition to the maximum charge for services defined in the Agreement. 12. TERMINATION OF AGREEMENT, Either party may termdnate this Agreement, with or without cause, by providing thirty (30) days written notice to the other party. 13. INDEMNIFICATION. CLIENT agrees to release, indemnify and hold harmless CDNPRACrOR against any and all liability, lass, damages, costs or expenses which they may hereafter incur, suffer or be required to pay by reason of any actions in connection with this Agreement or the performance thereof. J 14. FORCE MA7 E(JRE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of such party. Such acts shall include but not be limited to acts of God; strikes, lockouts; riots, acts of war, epidemics, governmental regulatins superimposed after the fact, fire, paver failures, earthquakes or other disasters. 15. ARBITRATION AMID ATPORNEYS'S FEES. Any dispute under this Agreement shall be submitted to binding arbitration in the County of San Luis Obispo, State of California, under the Construction Industry Arbitration Rules of the American Arbitration Association. The prevailing party shall recover all of its casts, including reasonable attorneys' fees. 16. GMMING LAW. This contract will be governed by and construed in accordance with the laws of the State of California. 17. NOTICE. Notice given under the terms of this Agreement shall be in writing and shall be effective the day it is mailed, properly addressed, to the party to received such notice. Notice delivered other than by mail shall be effective when received. Any change of address of either of the parties shall be effective when received. Any change of address of either of the parties shall be effective upon receipt of notice of such change by the opposite party. 18. CONFLICT OF INTEREST. The CONTRACTOR expressly affirms that he will not perform work or provide services to entities other than government entities during the time this Agreerent is in force in order to ensure the CITY that the ODNTRACrOR will not have a conflict of interest in discharging the work covered by this Agreement. 19. EKTRA WORK. The CONTRACTOR shall not perform extra work without written authorization from the Chief Building Official. j �� �tii2r�..��i� �..�� - ^' �C� i\� �' =°s' RESOLUTION NO. 5800 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY CLERK WHEREAS, the City Council establishes the salary range for, among other management positions, the City Clerk in the Management Compensation Plan (Resolution No. 5797 [1985 Series]); and WHEREAS, by Resolution No. 5199 (1983 Series) the City Council has established the compensation for City Clerk Pamela Voges; and WHEREAS, the City Council has evaluated compensation factors for the City Clerk under Section 2 of Resolution No. 5797_-;- (1985 Series). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1985, City Clerk's salary shall increase from $2,678 per month to $3,000 per month. SECTION 2. All other compensation and benefits afforded the City Clerk under Management Compensation Plan (Resolution No. 5797'' [1985 Series]), including Section F of Exhibit "A ", Administrative Leave, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Clerk at the mid -year review. On motion of Councilwoman Dovey , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig _; a� ;ie o11a R 5800 i Resolution No. 5800 (1985 Series) Page 2 the foregoing Resolution was passed and adopted this ist., day of Octobe; 1985. a VICE- MAYOR ALLEN K. SETTLE ATTEST CIITY CLERK PAMELA s s * s City Administrative -Qf1fi City Atforney Finance D I MANAGE4ENT FRINGE BENEFITS 1984 -86 EXHIBIT "A" Section A Medical, Dental, Eye Care The City shall establish and maintain medicall*dental and eye care insurance plans for coverage by management employ dependents. Each management employee shall carry medical, eye care, and dental for self. Dependent coverage shall be at the employee's option, however; all eligible dependents must be covered and covered on, all plans if dependent coverage is desired. The City reserves the right to choose the. method of insuring and plans to be offered. Section g Un ended Fringe Benefit The city shall pay to each management employee as soon as practicable prior to December 31; an annual lump sum payment (subject to appropriate taxation) for the difference between the benefit amounts provided Management employees and any lesser sum expended by the employee for medical, eye care, and dental coverage for the calendar year. Section C Life and Disability The city shall provide the following special insurance benefits: 1. ipng -term disability insurance providing 60% of gross salary to age 65 for any y sickness or accident after a 90-day waiting period. 2. $50;000 term life insurance including accidental death and dismemberment. 3. one -half of employee's health insurance premium paid 'for retired employees who elect to remain members of the city's group health plan. (Medical Plan) Section D Retirement The City agrees to provide the Public Employees' Retirement System's 2% at age 60 plan to all eligible employees including the amendment permitting conversion of unused sick leave to additional retirement credit; the 1959 survivor's benefit and one year final compensation. The police and fire chiefs shall receive the same retirement benefits as scorn personnel in their department. Effective 7 -1 -81 the city agrees to pay the employee's contribution to P.E.R.S. These amounts paid by the city are employee contributions and are paid by the city to satisfy the employee's obligation to contribute the current percentage of salary to P.E.R.S. An employee has no option to receive the contributed amounts directly instead of having them paid by the city to P.E.R.S. on behalf of the employee. It is further understood and agreed that the payment of the employee's P.E.R.S. contribution is made subject to I.R.S. approval and reporting procedures. i Section E Vacation Vacation leave is governed by Section 2.36.440 of the Municipal Code except that it may be taken after the completion of the sixth. aalendar'rronth of service since the benefit date. Vacation leave shall be accrued as earned each payroll period up to a maximum of. twice the annual accrual rate. Hoowever, if the City Administrator determines that. a management employee has been unable to take vacation due to the press of city business, the City Administrator may increase the accrual limits or once annually authorize payment for one -half of the excess accumulation up to a maximum of five (5) days. Section F Administrative Leave Management employees of the City are exempt from overtime compensation consideration. It is recognized that their managerial and program responsibilities require time and "effort outside the normal workday and which frequently result in working beyond the normal hours. In consideration of these factors the managerial staff shall be afforded sufficient flexibility in managing their work load and tine. Also, the City Administrative officer may grant up-to five days per year of administrative leave in lieu of overtime compensation. Section'G Holidays Management personnel shall receive 10 fixed + 2 floating holidays per year. Section H Sick'Leave Sick leave is governed by Section 2.36.420 of the Municipal Code: An employee may take up to two (2) days per year of sick leave if required to be away from the job to personally care for a member of his /her immediate family as defined in Section 2.36.420. This may be extended to five (5) days per year if the family member is part of the employee's households and to seven (7) days if a household family member is hospitalized and the employee submits written verification of such hospitalization. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee; or the designated beneficiary or beneficiaries according to the following .schedule: (A) Death - 25% (B) Retirement and actual oonmencenw_nt of PERS benefits:. (1) After ten (10) years of continuous employment - 108 (2) After twenty (20) years of continuous employment - 158 -2- 1 Section I Workers' Compensation Leavy An employee who is absent from duty because of on- the-job injury in accordance with the state workers' oanpensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first ninety (90) business days of surn temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. Section J Vehicle Assignment For those management personnel who require the use of an automobile on a regular 24 -hour basis to perform their normal duties, the city will; at city option, provide a city vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for city business will be eligible for mileage reimbursement in accordance with standard city policy. -3-