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HomeMy WebLinkAbout6373-6393c RESOLUTION NO. 6390 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE DONATION OF PUBLIC ART FOR THE MISSION PLAZA FOUNTAIN AND AUTHORIZING CITY ASSISTANCE FOR INSTALLATION OF THE ARTWORK WHEREAS, the City Council has adopted Resolution No. 5645 (1985 Series) supporting the installation of art in public places; and WHEREAS, the City has received a proposal from the Stanley Von Stein Memorial and Mary Jane Duvall Trusts, herein called "Donors ", of a donation of public art for the Mission Plaza Fountain; and WHEREAS, the proposed public artwork complies with Council- adopted Interim Guidelines For Public Art, Resolution No. 6362 (1987 Series); and WHEREAS, the Planning Commission, Architectural Review Commission, Promotional Coordinating Committee, and the Parks and Recreation Commission have held public hearings on the proposal, and as a result of their review and findings recommend that the council accept the proposed donation of public art for the City; THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION L. Acceptance of Public Art. The proposed donation of public art as shown in Exhibits "A" and "B" is hereby gratefully accepted by and for the citizens of the City of San Luis Obispo. 7b SECTION 2. Placement. Said artwork shall installed and displayed in Mission Plaza for the enjoyment and appreciation of the public, as shown in Exhibit "A" The Community Development Director and the Public Works Director shall be responsible for insuring that the placement and construction of the artwork complies with applicable city codes, programs, and adopted policies. R6390 Resolution No. 6390 (1988 Series) Page 2 SECTION 3. City Assistance. The Public Works Director is authorized to use city crews to assist with the installation of the artwork where such assistance is deemed feasible, necessary and appropriate. It is understood that the cost of the artwork and related improvements shall be borne by the Donor. SECTION 4. Responsibility. Staff is hereby directed to prepare for the Mayor's signature an agreement between the City and the Donor addressing the issues of public art ownership, maintenance, liability, removal or modification, legal remedies, and other issues deemed appropriate. PASSED AND ADOPTED by the Council of the City of San Luis Obispo at a meeting thereof held on the 2nd day of February, 1988, on motion of Councilman Settle seconded by Councilman Ranna and on the following roll call vote: AYES: Councilman Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None yor RON DUNIN ATTEST: City lerk PAM VOI; S Resolution No. 6390 (1988 Series) Page 3 APPROVED: Community Development Director oiJ-o Public Works Director �� nGUn AGREEMENT TO ACCEPT PUBLIC ARTWORK FOR MISSION PLAZA This agreement, made and entered into this 2nd day of February . 1988, by and between the Stanley Von Stein Memorial and Mary Jane Duvall Trusts, hereinafter called "SPONSORS", and the City of San Luis Obispo, A Municipal Corporation, hereinafter called "CITY ", and referred to jointly as "PARTIES." WITNESSETH WHEREAS, the SPONSORS have offered to finance the design, construction, and installation of a public artwork in Mission Plaza, and to dedicate said artwork for the public's use and enjoyment; and WHEREAS, the Council of the City of San Luis Obispo has adopted Resolution No. 6390 (1988 Series), approving the public artwork's design and location, and gratefully accepting the artwork for the citizens of the City of San Luis Obispo; and WHEREAS, Section 4 of said resolution required the execution of an agreement among the PARTIES addressing the various issues related to the ownership and disposition of the Public artwork. NOW, THEREFORE, in consideration of the mutual benefits, promises and agreements set out herein, the PARTIES noted above hereto agree as follows: SECTION 1. OWNERSHIP. A. Upon completion of the artwork as shown in Exhibits "A" and "B ", and upon its completion and final acceptance by the City's Community Development Director and Public Works Director, the public artwork shall become the property of the CITY. B. CITY shall not sell, lend, trade, or otherwise transfer control or ownership of the artwork without the written approval of the SPONSORS, their heirs, or assigns. C. CITY agrees to consult with the project Artist and SPONSORS prior to any alteration, removal or relocation of. the public artwork within ten (10) years of final acceptance by the CITY. During this period, if if becomes necessary to alter or relocate the artwork from its original setting in Mission Plaza, the PARTIES, their heirs, or assigns agree to the following remedies: v Public Art Agreement Page 2 If the PARTIES mutually agree upon the modification of or relocation of the public artwork, the CITY shall so modify or shall move the artwork to the agreed upon site. 2. If, after negotiating in good faith, the PARTIES cannot agree on the modification or relocation of the public artwork, the CITY shall dismantle the artwork, relinquish ownership and return the bronze sculptures to the SPONSORS, their heirs, or assigns. SECTION 2. CONSTRUCTION AND INSTALLATION STANDARDS. A. Prior to installation of the public artwork, the SPONSORS shall submit plans and specifications to the CITY providing information necessary to determine compliance with applicable code requirements, to the approval of the Community Development Director and Public Works Director. B. Upon CITY request, SPONSOR shall revise plans and specifications as necessary to comply with code requirements or as deemed necessary by the CITY to protect. public health or safety. CITY shall approve the plans and specifications when it determines that the above requirements have been met. C. SPONSOR shall require that the bronze sculpture pieces be fabricated in accordance with approved plans, specifications, and applicable industry standards. D. SPONSORS and CITY agree to cooperate during the period of construction and prior to final written acceptance of the the artwork to ensure that the artwork has been fabricated and installed in compliance with approved plans and specifications and applicable code requirements.. SECTION 3. LIABILITY. A. Upon completion of the public artwork and its final acceptance, or any component thereof, by the CITY, the CITY agrees to indemnify and hold harmless the project Artist, SPONSORS, their heirs or assigns from liability arising from the placement, use, and enjoyment of the public artwork. SECTION 4. MAINTENANCE AND DISPLAY A. Upon completion of the public artwork and its final acceptance or any component thereof, by the CITY, the CITY shall assume full responsibility for maintenance and display of the artwork. B. SPONSORS shall provide the CITY with written instructions for the proper maintenance of the artwork. C. If the artwork is damaged, defaced, altered, or destroyed by human acts or by Acts of God, the CITY retains the right to restore, repair, or replace the artwork at any time in keeping with the Artist's and SPONSOR'S original design intent, without consulting the Artist or SPONSORS, their heirs, or assigns. The CITY agrees to make reasonable efforts to contact the project Artist, or if unavailable, another competent design professional, to advise on or assist in any restoration work. Public Art Agreement Page 3 IN WITNESS WHEREOF, the PARTIES acknowledge that this agreement includes all understandings, and have executed this agreement on the day and year first written above. J,, B a Von SicioAtanley Von Stein Memorial Trust Schwartz, Mary Jane Du T 4e Mayor Ron Dunin, City of San Luis Obispo APPROVED: 42[ Community Development Director Public Works Director jhl /pubartag 9 r' f®r — ( :io tp fill z 101 5F/1?45T 61M fG1N dd -0 IXHIBR A At' File p'fldvre 4ff /I � C-,� 0 C RESOLUTION NO. 6389 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1413 LOCATED AT 2925 MCMILLAN AVENUE 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 1413 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: The design of the subdivision and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in an M zone. 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. SECTION 2. Conditions. That the approval of the tentative map for Tract 1413 be subject to the following conditions: Conditions, covenants, and restrictions (CC &R'S) for the tract shall contain the following provisions: a. Property owners association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of common areas including but not limited to driveway, parking lot, landscaping, utilities and building exteriors. b. Grant to the City of San Luis Obispo the right to maintain common areas if the property owners association fails to do so and to assess said association for expenses incurred. C. All parking spaces provided in the project shall be available for use by all of the individual owners. d. Ownership of air -space units shall not be sold or otherwise transferred in such a way as to conflict with any law or regulation, including but not limited to city fire and building codes. o c. Resolution No. 6389 (1988 Series) Tract 1413 Page 2 2. There shall be no change in city - regulated provisions of the CC &R's without prior approval of the Community Development Department. 3. Subdivider shall provide individual water services for each unit. Location of meters shall be subject to the approval of City Engineer. 4. Subdivider shall provide individual gas and electrical services and metering for each unit to the approval of affected public utility agencies and the City Engineer. 5. Final map shall note an easement for underground utilities serving the site to the approval of the City Engineer and affected utility companies. On motion of Councilman Settle , seconded by Councilwoman Rarma , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of February , 1988. Mayor Ron Dunin Resolution No. 5389 . (1988 Series) Tract 1413 Page 3 APPROVED: City A ministrative Officer City 4torney Community Development Director , IicoPut- RESOLUTION NO. 6388 A RESOLUTION OF THE COUNCIL OF AWARDING A CONTRACT TO THE PUBLIC WORKS FACILITY AT (1988 SERIES) THE CITY OF SAN LUIS OBISPO D.W. PETERSON FOR 955 MORRO STREET PROJECT WHEREAS, the City of San Luis Obispo advertised for bids on a contract for the public works facility at 955 Morro Street project (City Plan No. M44D); and WHEREAS, D.W. Peterson submitted the lowest responsive bid at $253,000.00; and WHEREAS, the architect's estimate for this contract work was $250,000.00; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo to: 1. award the contract to D.W. Peterson for public works_ facility at 955 Morro Street project; 2. authorize the mayor to execute the contract documents; and 3. direct the finance director to transfer $273,000.00 from the capital outlay fund CRP appropriation to account number 040- 9422 - 091 -572. On motion of Councilman Settle seconded by Councilwoman - Rappa _, and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of February , 1988. ATTEST• J V CITY CLERK PAM VOG S I APPROVED: CITY A MINISTRATT OFFICER . INANCE DIRECTOR FON DUNIN R6388 I�,�c � j/vTr << -S ��� `: ,:� _� 4 ' rl �] Y � `,�, RESOLUTION NO. 6387 (1988 Series) • A RESOLUTION -OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING EFFORTS TOWARD FEDERAL GOVERNMENT IMPROVEMENT OF MARINER SAFETY,AT THE MORRO BAY HARBOR ENTRANCE WHEREAS, since the United States Government's construction of the Morro Bay Harbor, numerous accidents have occurred at the harbor entrance resulting in needless loss of life and property; and WHEREAS, the harbor of Morro Bay provides a year -round shelter for various boating groups including Commercial Fishing, Recreational Boating, and.Sportfishing; and WHEREAS, it is recognized that various boating groups often travel great distances to use and enjoy this Central California Coast facility; and WHEREAS., the Morro Bay Harbor provides the only port of refuge between Monterey and Santa Barbara during inclement weather conditions; and WHEREAS, lack of federal action to enhance mariner safety at the Morro Bay Harbor entrance has and will result in continued unnecessary loss of life and property to the residents and visitors of this community, and jeopardizes commerce activities occurring at said facility. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of San Luis Obispo that the President of the United States of America and the United States Congress be petitioned to direct the United States Army Corps of'Engineers to fund the enlargement of the existing harbor project boundaries seaward, beyond the existing harbor jetties. in order to address the problem of large waves breaking across the harbor entrance b,y additional dredging and /or entrance reconfiguration; and R6387 Resolution No Page 2 6387 (1988 Series) 9 BE IT FURTHER RESOLVED that al.l necessary actions be supported by United States Senators Alan Cranston and Pete Wilson, United States Congressman Leon Panetta,.the San Luis Obispo County Board of Supervisors, and the City of Morro Bay to accelerate the federal obligation to increase national mariner safety at the Morro Bay Harbor entrance. On the motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Counclmembers Settle,_Rappa, Pinard, Reiss, and Mayor Dunin.. NOES : None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February 1988. - Z ------------------------ AYOR RON DUNIN ' ATTEST: l -- ------- - P�&�� CITY CLERK PAMELA VOGES \ Approved: inistrative Office City A �JtdlAd.i(�L iJUY`' r. It C RESOLUTION NO. 6386 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PROJECT AND APPROPRIATING FUNDS FERRINI PARK. LANDSCAPE -& IRRIGATION -CITY PLAN 90. M -53Y WHEREAS, dedication and landscaping of LoE 9 was a condition of the approval of Tract 1182; and WHEREAS, the City entered into an agreement to accept payment of $14,000.00 from the developer to have the City complete the landscaping after the completion of the improvements; and WHEREAS, said $14,000 was deposited to the Parks -in -Lieu Fund in February 1985; and WHEREAS, the design of the landscaping is complete and was approved by the ARC on November 9, 1987. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Plans and Specifications for City Plan Number M -53Y, Ferrini Park Landscape and Irrigation are approved and staff is authorized to advertise for bids. SECTION 2. Funds in the amount of $20,000 are appropriated for design and construction of City Plan No. M -53Y. SECTION 3. The Finance Director shall transfer $20,000 from the Parks -in -Lieu Fund into the following project accounts: CAO. 040- 9562 - 092 -571 $1,750.00 for design 040 - 9562- 092 -572 $18,250.00 for construction The City Clerk shall advertise for bids and report these bids to the SECTION 4. The City Administrative Officer is authorized to award the contract within the available funds. R6386 Resolution No. 63C 6 988 Series) O Page 2 SECTION 5 The City Clerk shall furnish a copy of this resolution to the Public Works Director and the Finance Director. On motion of Councilman Settle , seconded by Councilwoman Rappa and of the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February , 1988. APPROVED: City bdministrative Officer F nce Director Meg YOR RON DUNIN s s s s A-S." n City Att ney Public Works Director �� ��- • � ������� �. �'�,�,f;,Gi� ���tiv�cs .. �. :. .. . . _ . ,., �'. ._ _ .... ._ .r_ , c �,.r .. ° �/ �., - -` _ RESOLUTION NO. 6385 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WEST COAST AUCTIONEERS 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 West Coast Auctioneers 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: West Coast Auctioneers, and City Administrative Officer, and the Director of Finance. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilman Reiss AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 19th of January 1988. YOR RON DUNIN ATTEST: I MI � CITY CLERK PAMELA VOGES APPROVED: ty AdmVDistra — .f-i_cer City A _10/ . , � L= ante Director R6385 C WEST COAST AUCTIONEERS ISO Marquita Paso Robles, CA 93448 (B05)1f3q -0202 Proposal City of San Luis Obispo Surplus Vehicle Sale EXfIT Proposed that Rick Graff, dba West Coast Auctioneers (WCA), shall, on January 23rd, 1988 at 10:00 a.m., sell at auction to the highest bidder those vehicles deemed as surplus by the City of San Luis Obispo (approx. 35 =45 vehicles). Said sale to take place at the "corporate Yard" located on Elk Street In the City of San Luis Obispo. West Coast Auctioneers will pay advertising and promotional costs and provide adequate personnel on sale day to conduct the sale. WCA will handle all vehicle paperwork and transfers as required by the Department OF -Motor Vehicles. in addition, WCA will collect all moneys and provide payment to the City within 10 working days of the sale.. The Commission rate shall be 10% of the selling price of each vehicle. The City shall clean in running condition necessary papers and Proposal Submitted by on December 24, 1987 and detail the vehicles to the "Corporate Yard" ser - and wit deliver them the h K. Graff, Owner Coast AuctioneE Date Approved January 19, 1988 By MAYOR RON DUNIN Title ATTEST- 2,i CITY gLERK PAMELA V6 ES O O C-02-- RESOLUTION NO. 6384 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING CONTINUED PARTICIPATION IN THE CALIFORNIA "MAIN STREET" PROGRAM AS A SELF - INITIATED CITY WHEREAS, the California Main Street Program has been established in the California Department of Commerce to assist small cities and towns to develop a public /private effort to revitalize the "Main Street" areas; and. WHEREAS, the City of San Luis Obispo, through the Downtown Business Improvement Association (BIA), has been participating in the California Main Street Program as a self- initiated city. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows; - SECTION 1. That the City of San Luis Obispo agrees to continue to participate in the California Main Street Program as a self- initiated city. SECTION 2. That the City of San Luis Obispo in concert with the Downtown Business Improvement Association guarantees that a full -time Main Street Project Manager with a travel and operating budget will be employed for calendar year 1988. On motion of Councilman Settle seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABS T: Councilwoman Rappa the foregoing Resolution was passed and adopted this 19th day of January , 1988. -- , : . 51 ATTEST:.-,. CITYI CLERK PAMELA OGES R6384 `�� • • ��� �.: ; ,,} -, �:�,. _ ��_�, .r ,. _ -_ i � _. �i.. "��. -`� �.,� 0 Resolution No. 6384 Page Two. APPROVED: o. City Ad inistrative Officer City A0orney Community Development Direc V RESOLUTION NO. 6383 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be declared surplus property. SECTION 2. That the sale of such property is hereby authorized. On motion of Councilman Settle seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 19th day of January, 1988. MAYOR RON DUNIN ATTEST: 1 f CITY CLERK PAMELA VOGES t APPROVED: R6383 CITY OF SAN LUIS OBISPO SURPLUS VEHICLE LISTING 1987 -88 DEPT. CITY NO. PLATE NO. YEAR 'DESCRIPTION FIRE 1178 E246345 1982 BUICK CENTURY 4DR. SDN. FIRE 8302 E220113 1982 OLDS CUTLASS 4DR. SDN. FIRE 0880 E758644 1980 F350 CAB /CHASSIS SEWER 0866 E198024 1966 FORD F600 DUMP TRK. STREETS 0869 1969 MB PAINT STRIPER STREETS HERCULES MTER PUMP STREETS ONAN GENERATOR 15 KW STREETS 0870 1970 GALION - ROLLER STREETS 0470 E557699 1970 FORD 1 TON FLATBED STREETS 0177 E696296 1977 TOYOTA L /BACK SDN. BLDG.MNT. 0665 E176944 1965 FORD PICK -UP GOLF CRSE 0575 E658029 1975 JEEP WATER ADM 1380 E756514 1980 CHEV. MALIBU S/W WAT.TRT. 0143 E76956 1943 FORD BOMB SERV. CARRIER WHALE RK. 0280 E749384 1980 CHEV. PICK -UP WATER 1175 36J81 1975 WESTCOASTER - SCOOTER PARKS 0470 E557699 1971 FORD TRACTOR LOADER ENGINRNG. 1879 E727878 1979 DODGE DIPLOMAT SEDAN POLICE 0686 E925924 1985 CHEV. CAMERO Z28 SDN. POLICE 0583 E447305 1983 DODGE DIPLOMAT SDN. POLICE 1682 E219919 1981 PONTIAC GRAND PRIX CPE. POLICE 1283 E447307 1983 DODGE DIPLOMAT SDN. POLICE 1885 E464974 1985 FORD LTD SEDAN POLICE 1585 E464977 1985 FORD LTD SEDAN POLICE 1183 E447301 1983 DODGE DIPLOMAT POLICE 0684 E460032 1984 FORD CROWN VICTORIA POLICE 0784 E460031 1984 FORD CROWN VICTORIA POLICE 0884 E460030 1984 FORD CROWN VICTORIA POLICE 1385 E464980 1985 FORD LTD SEDAN POLICE 1685 E464975 1985 FORD LTD SEDAN POLICE 1785 E464778 1985 FORD LTD SEDAN POLICE 0581 E76J08 1981 KAWASAKI POLICE 2484 E95J31 1984 KAWASAKI POLICE 0482 1DXB283 1983 CHEV. MONTE CARLO SEDAN POLICE 1484 1KED524 1983 BUICK CENTURY SEDAN POLICE 1284 1KFM072 1983 CHEV. MONTE CARL,O POLICE 1884 1KLK748 1983 OLDS. DELTA 88 SEDAN POLICE 2084 E460043 1983 CHEV. CELEBRITY POLICE 2284 1KXW841 1983 CHEV. CELEBRITY FXHiHIT "A" �lX1�l,E1,C�Q.i 9 M77 00 OMOOT 7: r 140 524, W T-T AA _. _... '1' ... r_''. - "101 _ %0 FM "Vol _ ..O lam%' -' ST 71-57 2211 775WO 117 MOM 2001 . _ _ ♦ 1. .. .. � .. ._ _ —f: _fr 1. .. .� IT 7 a 77 NILS oil L. _ .. -.� i�. .. _. .. ... - �77 ON _ - - . 5_72M O RESOLUTION N0. 6382 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 781 AND TRACT 1122 WHEREAS, the Subdivision improvements for Tract 781 and Tract 1122 have been satisfactorily completed, and and WHEREAS, all public improvements have been constructed to city standards, WHEREAS, the Subdivider has requested acceptance of the improvements. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the public improvements for Tract 781 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of all but $62,580 of the Faithful Performance surety, said amount being 10% of the original bonds to be kept on'file as a warranty for one year in accordance with the Subdivision Agreement and State Law. The bond for Tract 1122 may be released after February 3, 1988. On motion of Councilman Settle seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 19th day of January , 1988, oeio* f"XFOR RON DUNIN ATTEST: i I CITY CLERK PAM VOGES f . 1 R6382 `e �� �r�L`� -t,R�' u'� ,,,;; �� -. . �� �,. � -.. G- �) '. i � .. f� C� . Resolution No. 6382 (1988 Series) Page Two. APPROVED: ity Adm nistrative Officer City AtI&rney City Engineer jk5 /t781acc by RESOLUTION NO. 6381 (1988 Series) EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO BILL L. TERRA FOR HIS LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS WHEREAS, Bi.0 L. Tmta began his erip.eoyment with the City o6 San Luis Obispo on February 11, 1949, and (:WHEREAS, Bd t e has spent 39 year3 a6 an equipment opera ton on aU manse -`e o6 equipment 6rom street sweeper to backhoe to loader to you name it, and WHEREAS, Biee started out earning the ptinee.ey sum ob $10.10 1day graduatey increasing to a current much more pn,Lnceey sum, and WHEREAS, &Ut has aenved under 3 Pubeie Worizs Di)tectons, 5 Water Supe- t,intendents and a dozen 6oremen and teadmen, and WHEREAS, B-i ee hae estabZi,6hed an env ab.ee reputation throughout the community as a ha&d- woAiing, competent; atd knoweedgeabee equipment operator, and WHEREAS, B,iU hae achieved aU his City goats and has outeasted aU o6 Fws contempotaJiie6, and WHEREAS, BiU has determined that it .i5 time to take a wete- ewuted nest, and WHEREAS, di,U s knoweedge and.ab<itity wit be messed by the City and by his beP.eow empt.o yee6 . NOW, THEREFORE, BE IT RESOLVED that this City Couneie wizhe6 to express .i is g,tnt>itude and appreciation to B.i t L. Terra 6or .hi.6 39 years o6 hervice and the contAibutionh he ha.6 made to the community. On motion ob Councieman Settee, seconded by Counci&an Rei,es, and on the Soteow.ing rott cage vote: AYES: CouncZ&embeu Settee, Reiss, Pinard and Mayor Dunn NOES: None ABSENT: Counci woman Rappa the borego.ing resoeution was passed and adopted this 19th day o6 JanucLty, 1988. ATTEST: � yes �n CITY CLERK PAMELA VO S r{AYOR RON DUNIN co 3a/ C J RESOLUTION NO. 6380 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The attached Traffic Work Orders for the period of October 1, 1987 through December 31, 1987 are hereby approved. On motion of Councilman Settle seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss and Pinard NOES: Mayor Ron Dunin ABSENT: Councilwoman Rappa the foregoing Resolution.was passed and adopted this 19th day of January 1988. Qas YOR RON DUNIN ATTEST: / V CITY -C'ERK PAM VOGE APPROVED: Adm'nistrative Officer � City Atpprney ty Engineer bl5 /wrkordrs lib3 /wrt by R6380 �`� �► i �i'ha�c�e ,. �� �. ,, ����i�ir►►►��IIIIIIIIIP► ►��III city o s tUIS OBIspo COUNCIL ^JpEn FROM: David F. Romero Wayn SUBJECT: MEETING DATE: January 19, 198 VIT ITEM NUMBE Prepared by: Barbara Lynch Traffic Work Orders for the.Period of October 1, 1987 through December 31, 1987. CAD RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1987 through December 31, 1987. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. One -fifth of the work orders were for parking changes, one -fifth were bus - related changes to accommodate new bus routes, two- fifths were signing and striping changes and the remaining one -fifth were red curbing and signal work. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1.987 through December 31, 1987. Completed Traffic Work Orders (October 1, 1987 through December 31, 1987) Available in the Council office for review bl5 /wrkordrs lib3 /wrk by RESOLUTION NO. 6379. (1987 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND DKS ASSOCIATES FOR CIRCULATION AND RELATED STUDIES AND DIRECTING THE FINANCE DIRECTOR TO ENCUMBER FUNDS WHEREAS, the City seeks to revise its Genera: Plan Circulation Element; and WHEREAS, staff has negotiated an agreement with DKS Associates for consultant services to conduct circulation and environmental impact studies and prepare revisions to the city's General Plan Circulation Element. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The agreement attached hereto marked Exhibit "A" and incorporated herin by reference between the City and DKS Associates is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Finance Director shall encumber the total amount of the contract ($119,180.00) under account number 001 - 4031 - 008 -086 using current appropriations in that account and appropriations available in fiscal year 1988 -89. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed consultant's agreement approved by it to the City Finance Director, Community Development Director and DKS Associates. On motion of Councilmar ,Se*_ *_`le, seconded 'by' -- Co:in^'i'hiio4nan Rapp — I an=on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT:vone ncn�n Resolution No_ 6379 (1988 Series) Page 2 the foregoing Resolution was passed and adopted this .5th day'of- Janua- 1988. Ron Dunin ATTEST: 4CLE CIT Voges APPROVED: 4CityA ..... ........inistrative Officer Ci5........... At ney ........................ Community Development Director 0 CONSULTANT'S SERVICES AGREEMENT This agreement, made this 5th day of January by and between the City of San Luis Obispo, California (hereinafter referred to as "City "), and DKS Associates of San Jose, California, (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain a consultant to analyze traffic circulation within the community. The services being provided by this consultant under this contract are evaluation of traffic patterns and problems, development of proposals that will improve circulation, and environmental assessment; 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 herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. Citv. The Community Development Director shall be the representative of the City for all purposes under this agreement. The director, 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 this agreement for Consultant. Steven Jepsen hereby is 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 Managcr designee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is further described in Exhibit "C" attached hereto and incorporated herein by this reference. Substitutions for the individuals identified and the positions held as described in Exhibit "C" shall not be made except with 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 refercncc. 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 incident to the due and lawful prosecution of the services to be performed by Consultant under this agreement; 11 (2) In accordance with the standard of care recognized by professional engineers, 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 employd under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement, (3) In accordance with the standard of care recognized by professional engineers, observe and comply with, and cause all of its employees to observe and comply with 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 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 P.rojcct 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 such copies at Consultant's direct expense. 0 LI e. Oualifications 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 "A" attached hereto and incorporated by this reference. 4. COMPENSATION The Consultant will perform the work tasks as described in Exhibit ".A ".. Consultant shall bill City for labor and direct expenses upon completion of work tasks 1, 2, 5, 6, 7, 9, and 10 as described in Exibit "A" and listed on Exhibit "B." City will pay such bills within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit "B" without prior approval of the City's Project Manager. Consultant shall submit invoices every 30 days for progress payments for work tasks 3, 4, and 8 as described in Exhibit "A" and listed on Exhibit "B." Within seven (7) days of receipt of consultant invoice, city shall determine whether satisfactory progress has been made. Within 30 days of determination that satisfactory progress has been made, city shall pay such bills. Direct costs (computer processing, travel, and miscellaneous expenses) shall not exceed the total amounts shown on Exhibit "B." All invoices to City shall identify these direct expenses separate from labor costs for the completion of each task. 5. TIME FOR COMPLETION OF THE WORK Program scheduling shall follow the attached chart (Exhibit "D ") unless revisions to the chart are approved by the City's Project Manager. 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 Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 1. 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 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 Consultant of any of its obligations to fulfill its agreemcnt as prescribed. 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 be delivered to the City upon demand. 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. 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 services for circulation studies and for environmental assessment. Consultant proposes to have David J. Powers and Associates of San Jose perform the environmental assessment portion of the contract as subcontractor. City is relying on the professional reputation and experience of David J.. Powers and Associates of San Jose to perform the services contemplated hereunder. Consultant shall therefore contract only with David J. Powers and Associates of San Jose as subcontractor for the provision of environmental assessment services. With regard to all other services described in Exhibit "A;" City is relying upon the professional reputation and experience of Consultant. All other services are not assignable by the Consultant without prior written consent of City. 1 NOTICFS All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: City Clerks Office, City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Consultant: DKS Associates 2890 Zanker Road, Suite 107 San Jose, CA 95134 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 emplovees of and from: a. 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; b. 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; n C. 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; d. 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 C. 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 agrees to save, keep and hold harmless City from and against all claims, costs, suits, and damages, including defense costs and attorney's fees, that may at any time arise because of damage to property or injury to persons received or suffered by reason of the operation of Consultant, its officers, employees, or agents, which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of Consultant. C • 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. 16. INSURANCE Consultant shall provide proof, satisfactory to the City, of comprehensive general liability insurance in the amount of $1,000,000 per occurrence and annual aggregate, automobile liability insurance in the amount of $1,600,000 combined single limits per occurrence, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregate. 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 or 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. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreemen 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 Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph.. O i 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 the day and year first above written. CONSULTANT Michael A. Kennedy DKS Associates CITY OF SAN LUIS OBISPO 9 e — ayor Ron Tunin ATTEST: (j, City T erk Pam Vo s O • EXHIBIT °A" WORK SCOPE TASK 1: EVALUATION FRAMEWORK This is an important element of the study which will define the goals of the circulation element and the standards by which it will be judged. This requires both local knowledge and sensitivity to local community values. For these reasons this work will be coordinated through the City's Community Development and Public Works Departments. 1.1 Project Initiation DKS will meet with City representatives to discuss priorities of the study and level of detail to be accomplished in the analysis. This initial meeting will assure that work scopes and expectations are tailored to meet the needs of the City. in addition, the City and Consultant will discuss the aspects of modeling use and the maintenance of software to assure the appropriate application of the TRANPLAN model in San Luis Obispo. Work scope and budget allocations among individual tasks would be modified if appropriate. 1.2 Goals and Objectives Existing General Plan goals and objectives related to transportation, land use, and the environment will be reviewed for consistency and ..applicability to the current conditions. Modification to the existing goals and objectives would be made on the basis of City staff input. Revised goals and objectives will serve as the basis for this circulation study. 1.3 Evaluation Criteria Evaluation criteria will be developed based on existing research and discussions with staff to evaluate alternative network, corridor, and intersection improvements. The focus would be on '!environmental capacities" and "tolerance levels" for residential collectors such as Broad Street (north) and Buchon Street, and safety and efficiency measures for arterial roadways such as South Higuera and South Broad Street. 1.4 Performance Standards The establishment of performance standards will reflect the community's values and tolerance level for vehicle delay. This will ultimately serve as an important element in the determination of future roadway improvements. The evaluation of alternatives and the potential for future development along important corridors such as Santa Rosa and Monterey Streets will be dependent upon established standards of performance. Level of service for functional classifications, by time of day and /or intersection location, will be the basis for land use development controls and development assessments for required off -site improvements. A -1 CI 1.5 Definition of the Street and Highway System Hierarchy This task will establish a common understanding among city staff and the consultant of the city's street system, including technical terms, concepts, and funs regarding traffic circulation in the study area. The status of study area roadways with regard to current plan designations and San Luis Obispo County designations will be identified and compared for consistency. To accomplish this, the relationship between the city's arterial system and those of cities similar to San Luis Obispo will be explored. Constraints or problems will be discussed for the major arterial and collector streets. The purpose of this task is to identify those streets which are necessary to carry traffic in the community as being distinctly different than those streets serving only localized traffic. Since so many streets necessary to move traffic in San Luis Obispo pass through neighborhoods, proper designation will allow those individuals living on the streets to understand the community -wide importance of maintaining streets to move vehicles, and allow the City to deal effectively with "problem" streets not designated as necessary to move traffic. 1.6 Plan Line Requirements Existing plan line requirements will be examined in determining the need for travel lanes on arterial streets. Cross sectional analysis will include variable lane widths to accommodate desirable conditions and constrained right -of -way conditions for built out corridors. Existing plan line streets will be identified and mapped. Task 1 Work products MKS Associates will prepare a working paper that Presents the following: a. A summary of transportation plan goals and objectives will be provided along with an assessment of possible modifications based on staff direction. b. Evaluation criteria and performance standards will be provided that allow for achievable levels of service and delay within a range of reasonable limits of the City and development to fund. c. An inventory of all collector and arterial roadway segments indicating classification and plan line setbacks will be provided. TASK 2. EXISTING CONDITIONS This task will develop the quantitative and qualitative understanding necessary for the study including: assembly of existing information, defining the study areas, and assessing regional traffic implications. A -2 This task also considers which circulation improvements are necessary to solve existing traffic problems from a compilation of city, county, and developer traffic studies and EIR's. As part of this task an early assessment of environmental constraints will be conducted to flag potential problem areas. 2.1 Identify Study Area Boundaries The study area for detailed traffic analysis and the regional sphere of influence for system level impacts will be defined in consultation with city staff. The traffic analysis will also take impacts from adjacent communities and unincorporated growth areas into account in network development and in the determination of local controls. 2.2 Assemble and Review Existing Data DKS will assemble data from existing City and County files which is relevant to the project, including: o Traffic volume data • Records pertaining to street and traffic control improvements that have been made during the last 5 years. • Engineering and enforcement experience relative to what works well and techniques that have not lived up to expectations. The police are on the scene daily and observe traffic characteristics which may not be revealed in the accident reports. • Documented citizen perceptions and concerns about traffic safety, either site specific or generalized along the major traffic corridor streets. • Transit utilization for student, commuter, and other trip purposes by route and time of day. • Paratransit support programs and use. • Pedestrian and bicycle facilities and standards. • Contemplated improvements to the traffic network and their potential for implementation, including City, as well as state programs. • Existing traffic reports and environmental studies as listed in the RFP. 2.3 Quantify Regional Traffic Demands DKS will work with county staff to quantify historic and projected traffic passing through and commuting to San Luis Obispo. Caltrans screenline historic data will be used along with the county's trending analysis for the SR1 and US101 access study. Economic and population trend factors from the Angus McDonald Report will be used to determine traffic distribution to Atascadero, Baywood /Morro Bay, 5 Cities area, and Edna. A -3 2.4 Existing Conditions Review This task will allow for a systematic review of the identified problems and issues in relationship to all transportation modes. Additionally, early action items can be defined and pulled out for consideration while the study is ongoing. A comprehensive needs and deficiencies analysis will be conducted, comparing existing traffic levels to available or anticipated roadway capacity. This analysis will. identify areas of critical overload, locations and magnitudes of potential problems, and areas of arterial traffic "intrusion," or overflow, into inappropriate land uses (e.g., residential) . Information on the needs and deficiencies of other modes, such as transit services, pedestrians, and bikeways will be reviewed with the Transit Manager- and summarized in the working paper. The transit information will include type of service, number of routes, number of vehicles and patronage data for each operator. This assessment of existing conditions will provide direction for formulating the circulation element and constitute the "Setting" for the Circulation. Section of the EIR. Existing traffic conditions will be described and locations of congestion, if any, identified. Graphics identifying facility type and usage will be included that display the results of the analysis of existing conditions. An initial assessment of opportunities and constraints will also be made. These will provide the basis for formulation of goals and policies for the General Plan as well as provide direction on those alternative improvements that are reasonable to consider for inclusion in the Circulation Element. A review of environment constraints will be conducted as part of this early effort to screen out those alternatives with strong negative impacts. 2.5 Identify Improvements Near and mid =term roadway improvements to address deficiencies found through the roadway condition analysis will be identified. Improvements will be recommended based upon traffic volumes and levels of service as well as operating conditions, geometric design or pavement condition Problems- Where conflicts between functional classification and traffic conditions are found, improvements will be proposed to remedy the situation as appropriate. Task 2 Work Products: A working paper that includes the following: a. A description of the existing roadway system in terms of its extent, traffic volumes, levels of service, peaking conditions and traffic growth will be provided. The report will be annotated with maps and graphics as appropriate. A -4 0 b. Roadway deficiencies will be identified from the analysis of existing conditions, and as projected from traffic reports conducted for the city. A Preliminary environmental review and issues hot spots map will be provided, identifying areas of concern. C. A short to mid -range list of roadway improvement projects necessary to accommodate existing traffic, along with planning level cost estimates. TASK 3. NEIGHBORHOOD IMPACTS The traffic issues associated with residential areas in San Luis Obispo are complex. The evaluation of neighborhood transportation needs will include the following: identifying real versus perceived problems, how to balance the desire for isolation from problem traffic with the desire for easy neighborhood access, and how to deal with arterial streets passing through residential areas. A consensus position on neighborhood traffic control will be sought through neighborhood meetings. Two neighborhood meetings will be held within each of the two study neighborhoods identified in the RFP, for a total cf. 4 meetings. Meeting Number One will examine identified impacts and potential solution alternatives, while meeting Number Two will examine alternatives and build consensus support for improvement options. 3.1. Data Summary and Refinement The refinement of base data will provide for mil the measurement of problem severity and allow for a comparative analysis of the problem with other similar streets elsewhere in San Luis Obispo. Existing city records and Prior studies of development in the areas of north Broad Street and the south downtown neighborhood appeared adequate for initial assessments. Data will be provided by the City for neighborhood impacts identified through the study process as determined necessary including: • Speed data • Turning movement counts • Average daily traffic • Through traffic • Bike and pedestrian activity (as applicable), and • Emergency access. Task 3.2. Identification of Residential Traffic Control Alternatives Individual satisfaction with existing conditions is usually based on desires and expectations in relationship to perceived reality. In this regard the introduction of technical conditions relative to identified issues within the neighborhood itself will help establish a perspective based on community -wide needs and priorities. The analysis will provide for an overview of how the individual neighborhoods fit into the larger community context, and will assist in establishing priorities within the study area itself and within the community as a whole. The analysis of traffic data will assist in the clarification of identified traffic issues and provide for effectiveness measures for existing and alternative traffic system evaluations. A -5 n A post card survey will be developed by the Consultant for printing, distribution and return collection by city staff. The Consultant will tabulate and interpret the results of the questionnaire. The questionnaire will help measure public perception related to the magnitude of traffic problems and the acceptability of potential improvements. This survey will be simple and short, setting direction for policies rather than serving as a scientific tool for analysis. Task 3.3 Public Meeting #1 Public Meeting Number 1: A meeting will .be held within each neighborhood on consecutive evenings (two meetings) to examine traffic impacts and comparative traffic data assembled by the City and the Consultant. Issues will be refined and prioritized and alternative solutions will be identified and discussed. The purpose of this meeting is to provide information to work toward a common understanding of issues, perspectives, and identify other areas of concern for inclusion into the study. The format of the meeting would be to provide an open forum for input into the study issues and identification of alternatives. The City shall schedule the meetings, provide notice to participants and handle advertising. Task 3.4 Alternatives Evaluations The evaluation of alternative roadway improvements will be considered on two levels: (1) community wide transportation needs, and (2) the identification and analysis of specific neighborhood traffic control devices. The analysis must examine selected roadway links in the neighborhood within the context of broader transportation needs. The overall goal of this evaluation process is to identify an acceptable package of roadway improvements that provides an overall positive benefit to the neighborhood areas and the community. Task 3.4A Community Wide Transportation Needs The application of traffic improvements must be considered in relationship to the entire transportation system. Any application of measures to control traffic on residential streets, without a continued commitment to arterial street improvements, could increase commuter travel time and delay. As such, the implementation of a package of area traffic transportation system as a whole. The evaluation will focus on maximizing improvements within the existing right -of -way and long -term improvements that will accommodate the projected needs of key roadways and intersections in the study area. Major street improvement alternatives will be examined for safety, efficiency, cost, implementation time, and consistency with the San Luis Obispo General Plan. Task 3.4B Neighborhood Traffic Control The main purpose of residential traffic control is to serve and protect the neighborhood environment, although a multitude of other purposes could be served. Two concepts that have been tried with varying degrees of success and controversy are !'traffic absorption" and neighborhood "traffic separation ". Traffic absorption techniques include signs, signals, medians and neckdowns. A -6 i Task 3.5 Neighborhood Meeting #2 DKS will organize and facilitate neighborhood meetings on both identified neighborhoods on consecutive evenings (two meetings) to discuss the alternatives assessment and consultant recommendations. The purpose of this meeting is to reach a consensus position on level and type of improvement plans. The City shall schedule the meetings, provide notice to participants, and handle advertising. Task 3.6 Development of Recommendations Recommendations will be developed that are consistent with the work plan and based upon neighborhood objectives, identification and agreement on issues and problem areas, and a consensus position on alternative Priorities among participants in the study process. From this collective input a recommended improvement program will be developed for implementation. Task 3 Work Products: A working paper that includes the following: a. The Consultant will attend four neighborhood meetings in two neighborhoods on two consecutive nights each to present information and lead discussion with participants. The Consultant will prepare all materials necessary for the meetings. The City shall schedule, Publicize and obtain facilities for all neighborhood meetings. b. A comparative analysis of environmental versus physical capacity of residential streets and an evaluation of problem severity. Priorities for program implementation will be based upon this analysis. c. An analysis of: alternative consideration for neighborhood traffic mitigation will be conducted and documented. Recommendations for improvements will be based on a consensus position of staff and local residents. d, Develop an implementation plan as part of the overall transportation improvements program that sets priorities for neighborhood improvements with respect to community -wide priorities for funding. - TASK 4. TRAFFIC MODEL As a part of the overall work program, we propose to develop a traffic forecasting model that will project future traffic volumes on City streets based on land use inputs. Once calibrated, the model will be used in this study for evaluating future circulation needs and alternatives. The model will also be available to the City for future use in other studies, if desired. The necessary software and training will be provided as a part. of this work program. DKS proposes to develop a network -based traffic forecast model encompassing San ibis Obispo's city limits and Urban Reserve area. As with most conventional traffic forecast models, the citywide model will contain three major components: A -7 o Trip Generation: Estimation of total trips originating or destined in each zone, as a function of land use type and intensity. This defines the total amount of travel activity in each zone. o Trio Distribution: Use of a "gravity model" to forecast the number of trips between each pair of zones based on the model - estimated travel times between the zones and the number- of trips generated in each zone. ° Trio Assignment» Assignment of auto trips between each pair of zones to specific routes, with resulting volumes accumulated on the network. We " " propose to use capacity- restraint assignment which spreads traffic loadings among alternative routes on the basis of available roadway capacity through an iterative process. A description of the individual steps to develop and apply the traffic forecast model is provided below. 4.1 Design City Traffic Model This first step will define the structure and initial parameters of the model involving the following elements: o Define and display the zone system: A traffic zone system encompassing the city limits and urban reserve area will be developed based on the density of the roadway network and the availability of land use inputs, for approval by the City. Consultant will design zones with advice and review of City. We would expect to define up to 50 zones within the study area. At the boundary to the City Traffic Model area, external gateways will be defined to represent each entry /exit to and from the area. o Develop Existing Circulation Network: The existing City and surrounding street network will be encoded into the computer. The network will include all freeways, interchanges, ramps, arterials, expressways and major collectors in the study area. Other streets would be added as appropriate to ensure adequate portrayal of travel within the City. As part of the network development and calibration process, travel paths between selected traffic zones will be plotted and traced to ensure that the network is constricted logically. The network coding will also include geocoding for each network node to enable hardcopy plotting and graphical output for city review. o Define land .use data requirements: DKS will work with City planning staff to define the type and format for summarizing available land use data for use in the model, This is expected to include number of dwelling units by type and square footages, acreages or employment estimates for retail and non -retail commercial activities. This data will be categorized by traffic zone by City staff. A -8 o Incorporate regional travel: The model will. b_ a structured to incorporate estimates of through - travel (i.e., trips that pass through San Luis Obispo with either origins or destinations within the City) and external travel (i.e., vehicles that have one trip end within the city but the other end outside). This travel component will be estimated by Consultant for existing and future conditions based on ongoing work by the Regional Transportati:on.Planning Agency. 4.2 Calibrate City Traffic Model The traffic forecast model will be calibrated by operating it on existing land use and network data and comparing model outputs (e.g., assigned traffic volumes) to actual traffic counts along selected study area screen -fines. This may require the City to collect supplemental data to the extent they wish to validate the model and determine intersection levels of .service. The "various model parameters such as trip generation rates and distribution factors will be successively refined until there is reasonable consistency between modeled and observed traffic counts, trip lengths and other travel patterns. For costing purposes we have assumed that the model calibration process (daily and PM peak) will require no more than 12 calibration runs. All data for model calibration shall be collected and provided by City staff. 4.3 Baseline Traffic Projections The initial application of the model will test implications of build -out . of the current General Plan land uses on the existing and programmed circulation system, assuming no shift toward other modes, This "baseline" application will provide directions for subsequent definition of circulation alternatives, and also assist Community Development staff in formulating changes to land use designations. City staff will provide the necessary land use data for the build -out of. the current General Plan. 4.4 Alternatives Testing DKS will prepare travel demand forecasts for future highway network alternative scenarios to identify the most appropriate combination of future improvements. This evaluation will include at least one network that identifies ,relocated interchanges along US101. The number of model runs necessary can be min; eed by proper planning of the alternatives to be evaluated. For costing purposes, it was assumed that no more than three future network alternatives will require evaluation. Additional model runs will be provided on a fixed cost basis as provided by in Exhibit "B ", Cost by Task. A comprehensive needs and deficiencies analysis will be conducted for each of the alternative network forecasts to compare projected. demand to available or anticipated roadway capacity. This analysis will identify areas of critical Overload, locations and magnitude of potential problems, and areas of neighborhood "intrusion," or overflow, into inappropriate land uses (e.g., residential). The analysis will also include a A -9 O • comparative evaluation of the effectiveness of each of the network alternatives and ether measures such as increased transit ridership and a collective system of transportation system management activities (as described. in Task 6) in solving anticipated traffic problems in the City. 4.5 Model Installation and Training Consultant will install the model on an IBM- oompatible PC computer at the City's offices and provide training for city staff in the use of the City Traffic Model. The Consultant will provide five days of training. The initial day will be devoted to an overview of transportation forecasting models in general and the City's model in particular. The remaining four days will be set up as an exercise in producing and interpreting forecasts from the model. The sessions will be phased in such a way as to allow city staff time to absorb the material of each session before going on to the next step. At the conclusion of the process, city staff should have a complete working understanding of the entire process. Task 4 Work Products: a. A working paper will be prepared that documents the model design, calibration results and application process. This, in combination with the Users' Guide for the software, will provide the necessary supporting documentation for the City traffic model. b. For each alternative, outputs of the ' model will include: o Peak hour and daily traffic volumes by link (roadway segment) and at intersections (turning volumes) .Levels of service will be calculated for all calibrated links and intersections. o Summary plots that compare assigned volumes to roadway capacities along all roadways and critical roadway links. o Planning level estimates of intersection volume /capacity and level of service. at key intersections will be compared with adopted City criteria. TASK 5: ALTERNATIVES EVALUATION The identification and analysis of alternatives is an iterative process in which a broad range of improvement options are examined and refined based on projected future needs. The modeling process will be used to measure the effects of alternative network modification to add potential new roadway links or -to assess the impacts of improved corridor capacities through adding lanes or creating one way pairs. Since many alternatives have been proposed for the San Luis Obispo transportation network and many have already been found to be either unworkable or candidates for future study, DKS proposes a two phase analysis that would include a sketch planning assessment to review with City staff options before proceeding to a more detailed analysis of alternative networks. A -10 5.1 Alternative Identification DKS Associates would work with city staff to identify alternative roadway networks for evaluation in an early attempt to ferret out non - productive alternatives or alternatives that have previously been studied and dismissed. The Consultant will focus on opportunities for roadway system improvements taking advantage of the city's expertise and experience in prior community transportation studies. The results of the sketch planning effort will allow for the identification of three alternative roadway networks for detailed study analysis. 5.2 Network Refinement ,The identification of future roadway needs is an iterative process which must balance the projected future traffic demand (a function of land use) with the amount of capacity which can reasonably be provided in the roadway network. This will involve consideration of physical constraints (such as right -of -way) as well as cost Alternative roadway networks will be evaluated for design year build out conditions. Development of an effective Transportation Management program including incentives for carpooling and flextime may lower peak hour demand associated with employment centers, thereby reducing the need for capacity increases. The effects of changes in auto demand will be reflected in the .model evaluations of alternative roadway networks. If very heavy traffic. demands are projected, it may ultimately be necessary to consider the trade -offs between the amount of roadway capacity which can be provided at certain points through the removal of parking or street widenings, and the amount of delays to which motorists are subjected. DKS Associates will emphasize a balanced and reasonable circulation plan for San Luis Obispo. This will be acoomplished by selecting workable and fundable street improvements on a basis which allows meaningful comparison of alternatives. 5.3 Alternatives Analysis The sketch planning element will allow for development of alternative evaluation networks for comparative analysis, while the more formal evaluation will allow for a more detailed analysis of alternative transportation network impacts. A detailed evaluation matrix and its background analysis will be documented in the working paper. Given this technical background, DKS Associates will formulate a simplified matrix for presenting the trade -offs between alternatives to non- technical. groups including Policy bodies. This process will involve a simplified rating of each alternative on a limited number of key objectives from the detailed evaluation matrix in Task 1. DKS Associates will present this evaluation to the city staff before finalizing the rating of alternatives. A -11 I��I • A more detailed envir -a imental review will assist in the study through the identification of potential problem alternatives. This process will allow for the screening of environmental sensitive issues as part of the alternatives analysis. Task 5 Work Products: A future condition report which presents traffic volumes and levels of service with alternative roadway networks will be provided. The report will include a recommended circulation plan in conjunction with them and will identify improvements required by the City under .the design year build out conditions. A preliminary environmental review will be provided for key alternatives as a screening device for evaluation. TASK 6: TRANSPORTATION MANAGEMENT ANALYSIS In this task, we will identify and evaluate transportation system management (TSM) and transportation demand management (TDM) measures for application in San Luis Obispo. The Consultant will provide the City with a practical TSM program that can make meaningful reductions in the need for facility expansion while avoiding the pitfalls of overexpectation that has marked a number of programs in the past. 6.1 Identify Options for TSM /TDM DKS will review the existing TSM/TDM measures and delivery mechanisms in the City and identify other options that could be applied. These may include parking management strategies, area -wide carpool matching services, traffic signal management, incentives for bicycling, transit services and promotions and other ideas. Generally, these fall into the categories of either techniques to manage the supply or demand of transportation services (e g., flextime) or measures to promote shifts to alternative modes (e.g., carpool and transit incentives) . The key here is to package a variety of complementary measures cost - effectively so as to have maximum impact. These measures would be assembled into one or more Policy alternatives. They would naturally focus on downtown application, which is where greatest potential lies, but other activity centers, especially Cal Poly, need to be included as well. specific techniques for consideration include: o Extend City employee carpool matching services citywide. o Meter regional traffic on Broad Street or other overloaded streets through signal timing techniques or provide directional progression on parallel streets to simulate one way operation. o Identify and promote convenient peripheral parking facilities around downtown or other commercial concentrations to intercept long -term or employee parking. o Provide incentives for employers to promote use of alternative modes such as reduced on -site parking requirements or increase intensity incentives. A -12 0 o Develop revised traffic service standards for specific target areas to allow greater delays on arterial streets. 6.2 Evaluate Policy Alternatives Transportation policies have a major long -term influence on where people live and work. Transportation facilities such as roadways and rail lines become virtually permanent features of the landscape. They continue to influence development far into the future. Therefore, major transportation decisions have very long -range impacts. Responsible transportation planning must, therefore, include consideration of the impacts of decisions well into the future, beyond 20 years. There are a number of specific overall policy issues which relate directly to the development of a Long -range circulation plan that must be addressed. Each of these issues identified for San Luis Obispo will be evaluated and specific policy recommendations will be prepared for inclusion in the Circulation Element Update. The following policy issues will be evaluated: • Parking with respect to future park- and -ride locations; • On- street parking restrictions along arterial roadways; • Highway Standards, to ensure compatibility and consistency with other agencies and anticipated growth and development; • Land Use Regulations, particularly with regards to protecting right -of -way; and • A revised Roadway /Street Classification System. Task 6 Products: The fallowing work products will be incorporated into the recommended circulation plan, Task 5: a. working paper identifying candidate TSM /TDM measures and their potential impacts on future traffic as well as their costs and other impacts. b. Recommendations for TSM/TDM program for City adoption, including supporting General Plan policy(ies). TASK 7: GENERAL PLAN UPDATE IMPACTS The evaluation of the General Plan land use element will be conducted by city staff concurrent with the development of the circulation element. This task provides for the examination of transportation system impacts for land use options, regional and local population growth scenarios, and alternative mode programs. A -13 7.1 Land Use Options Various land use options will be provided as input into the modeling process to determine roadway impacts. DKS Associates will work with the Community Development Department to assess the sensitivity of major density and land use type changes. 7.2 Population Trends San Luis Obispo is affected by areas of development outside its jurisdiction that are primarily residential based: San Luis Obispo's prior policies of discouraging population growth while not placing restricting on job related industries has made it an importer of persons for employment purposes. DKS Associates will work closely with city staff and the county to determine the impacts of population base shifts on the roadway network. 7.3 Evaluate Roadway Network Impacts A comparative analysis of roadway impacts will be conducted based on TSM/TDM assumptions from .Task 6. Two alternative 'model runs have been budgeted for this task. Model outputs would be examined to determine impacts to the recommended transportation system. Task 7 Work Products: A working paper that presents an assessment of alternative land use modifications and PePelation growth factors will be provided listing the potential impacts to the recommended transportation system. TASK 8:._ ENVIRONMENTAL ASSESSMENT 8.1 Identification of Issues An Environmental Impact Report will be provided for the adoption of the Proposed amendments to the Circulation Element of the. City of San Luis Obis po's General Plan, our first step in analyzing and identifying the impacts associated with the proposed amendments to the Circulation Element would be to conduct field reconnaissances of the project area and identify the conditions that presently exist throughout the project area in Task 2.4. In connection with these field reconnaissances, we would review and become familiar with the available relevant environmental documents. Special attention will be given to the areas of concern that have been Previously expressed in evaluating alternative improvements for traffic in residential areas; 2) traffic in the downtown area; and, 3) regional traffic impacts on .City roadways and neighborhoods created by the proximity of U.S. Highway 101 and State Route 227. A screening of alternatives has been established through both the existing conditions review, Task 2 and alternative.analysis section, Task 5. A -14 0 • After the identification of the existing conditions and the formulation of the basic components of the Circulation Element amendment, a public scoping session would be held. The purpose of this public sopping meeting is to identity the concerns of the residents of the City and to verify that all issues of concern have been considered for the preparation of the Environmental Impact Report We will attend and Participate in the public scoping meeting, as necessary and appropriate. 8.2 Preparation of Draft Environmental Impact Report After the formulation of the initial components of the .amendments to the Circulation Element, we will beg' in ,preparing the Administrative Draft EIR, addressing the anticipated or expected impacts created by the imPlementation of the proposed project. These impacts are expected to include noise, air quality, existing land uses (including historic structures) growth and other related issues. The issue of growth will be analyzed from two perspectives. One perspective is the development anticipated and planned for in the City's General Plan. The other perspective is the growth that could be accommodated by the roadway capacity planned for in the proposed amendment to the Circ„lation Element. The secondary impacts associated with growth and development will be addressed. We will analyze the impact of upgrading or modifying existing roadway segments and compare these widening impacts to the congestion and other impacts associated with leaving the roadway in their present condition. Our analysis would identify and estimate the severity of the impacts associated with roadway widening and right -of -way requirements and acquisitions in the downtown area. The acquisitions are anticipated to be significant in many cases as a result of the established development Pattern in the downtown area. Additionally, the elimination of on- street . parking would affect the already deficient parking situation in the downtown and adjacent residential areas. Consideration will be given to the benefits associated with possible im- provements in these areas by avoiding the adverse effects of roadway widening projects. The EIR will consider the impacts associated with the relocation of residences and businesses as a result of proposed roadway widening.. The EIR will use the existing land use traffic model as a basis of comparison for alternative transportation network improvements. The EIR will address impacts in a level of detail commensurate with the level of detail of the proposed amendments of the Circulation Element. Additional environmental review may be necessary for actual approval of construction of roadway improvement projects. We will prepare five copies of the Administrative Draft EIR for an "in- house" review by the city staff. We will prepare a Draft EIR by incorporating the revisions to the Administrative Draft EIR and reproduce 75 copies for circulation to the public and public agencies. A -15 8,3 Public Review and Circulation of Environmental Impact Report The Draft EIR will be circulated to the public and public agencies for a 45 day review period. Either during or after the public review period, we Will attend and participate in a public hearing on the Draft EIR. Our Participation will include responding to comments and presenting a short synopsis of the Draft EIR. 8.4 Preparation of Final Environmental Impact Report Following the Public review period and public hearing_ , we will prepare a Final EIR by responding to comments on the Draft EIR and making any necessary additions or revisions to the EIR. We will reproduce ten copies of the Final EIR. The Final EIR and all other work. will be completed in accordance with the California Environmental Quality Act. (CEQA) and City of San Luis Obispo guidelines and procedures. TASK 9: IMPLEMENTATION PROGRAM This task synthesizes the previous work into a comparison and selection process for plan implementation. The evaluative, funding, cost, and environmental information for each alternative will be assembled and analyzed and .a recommendation made as to the preferred development alternative. To implement that recommendation, a master strategy will be developed that links traffic growth rates, traffic operation improvements, transportation service needs, transportation facility improvements, and funding actions. The major efforts in this task will be the selection of a distinct strategy, and the development of supporting rationale for each of the following transportation elements: • Transportation Network Improvements • TSM /TDM Plan • Funding Sources • Scheduling of Priority Projects The implementation strategy must be flexible enough to accommodate alternative future funding levels. The alternative funding levels could sources, range from those based on secure sou, to those that include creative financing techniques, some of which may ultimately _ be unfeasible. This flexibility would be accomplished by a priority ranking system for transportation improvements. A -16 9.1 Transportation Network Improvements A workable roadway system will be presented that balances land use needs with transportation system requirements. This task will rely on inputs from Tasks 5, 6 and 7 for selected circulation improvements. Areas requiring an upgrade or new roadways will be identified by comparing the proposed future condition to the existing roadway network. A system mapping of lane use needs, right -of =way acquisition, and street classification systems will be provided. 9.2 Design Standards This task will identify prototype cress sections for the proposed roadway improvements. Recognizing that a balance must be achieved between facility cost (both capital as well as maintenance) and the capacity and convenience of the roadways, we will review existing design standards for conformity to revised street classifications and current practice — Specific aspects to be looked at will include. • Lane widths, • Right -of -way and set -.back requirements • Accommodation for parking, bicycles, pedestrians and transit. Separate design standards will be developed as necessary for application in new growth areas and in existing built out areas of the community having constrained right -of -ways. 9.3 Funding mechanisms This task will identify the range of funding sources available to the City for development of the circulation system. A review of current practices and policies will be conducted to help assess the alternatives which are currently used by a variety of jurisdictions. This work element will draw on our recent experiences in Concord, Pleasant Hill, Napa and Tracy, and a nationwide survey of impact fees used by other cities recently conducted by one of our "staff members as part of an ongoing Institute of Transportation Engineers Committee project. Consideration for funding options will include: • Bonds • Benefit Assessment Districting • Sales Tax Initiative Funding • Developer Contributions (exactions) As a part of the early evaluation of the current General plan, we will bracket the range of funding that can realistically be generated from all sources and compare this to potential infrastructure costs associated with the circulation plan.• This preliminary analysis will help to define the directions for reshaping the recommended plan as well as suggesting the magnitude and role for public versus private expenditures. A -17 To the degree that the City wishes new development to °pay its own way", Public funds may be largely earmarked to address existing circulation problems , including maintenance as well: as capital projects. Monies which are available over and above these amounts could be used to develop new projects of Community -wide benefit (such as locally- funded improvements to U.S. 101.) or to pay for a portion of new roadways included in the circulation plan. 9.3 Transportation Management Plan A program for TSM/TDM programs and standards for participation, including a plan for monitoring and enforcing demand management provisions will be developed out of Task 6. The potential mode split and demand reductions on vehicle trips will be reflected in the circulation element as future targets for improved service. Information on the needs and deficiencies of non -auto modes, including: transit, paratransit, pedestrians and bikes will be reviewed and summarized. 9.4 Project Scheduling Project scheduling will be dependent upon the availability of funding and the anticipated need for the recommended improvement. A prioritized list of projects will be prepared that lists cost estimates with funding sources. Project priorities will consider the following factors: o The likely timing. of need for each project o The implementation or lead time required to implement a project. (conceptual, environmental and engineering plan time requirements) o Funding availability by year for each funding source. Task 9 Work Products: Work products are the draft and final reports listed in Task 10. TASK 10: STUDY REPORTS Based on the results of working paper development a composite set of transportation policies, programs and elements will be developed. These will include recommendations for transportation circulation improvements and programs. The study report will provide a concise circulation element update including: a roadway circulation element, alternative mode element, and funding priorities. All other multi.modal support documentation will be provided by the City for transportation activities beyond the scope of study. The Consultant will incorporate this information into the Draft and Final Reports. A -18 10.1 Draft Report The Draft Report will summarize all working papers and prior task work Products into a single unified document. The report will be written in easily understood language and be imolementationngri,ented. In identifying the necessary policies, programs, and prioritization, the draft plan will function as a master implementation strategy for the coordination of land use alternatives and transportation systems improvements. The plan recommendations will be both feasible and implementable with a carefully designed balance between the major elements. The work related to identifying the relationships between highway, TSM/TDM and transit will allow the plan to maximize benefits of the transportation improvement program. Five copies of the Draft Report will be submitted to staff for review. Upon acceptanCe by staff and amendment, The Consultant will submit "camera ready" copy. 10.2 Presentation of. Circulation Element DKS Associates will present the final Circulation Element to the Planning Commission and City Council for adoption. The DKs Project Manager will attend the meetings, public hearings, and/or study sessions conducted for this Purpose- A total of two Polscy level meetings has been assumed for DKS Associates would be available time and for additional meetings on a Material s or fixed fee basis as provided in Exhibit B, Payment Schedule. 10.3 Final Report The Final Report shall respond to written and oral comments received regarding its content and will be revised to reflect the individual concerns expres-Sed. Five copies of the Final Report shall be submitted for staff review upon acceptance by City staff and amendment. The Consultant will submit a camera ready copy.. A -19 EXHIBIT "B" HOURS AND COST BY TASK SAN LUIS OBISPO CIRCULATION ELEMENT TASK TOTAL LABOR HOURS COST 1. EVALUATION FRAMEWORK 40 $ 2,800 2. EXISTING CONDITIONS 176 8,340 3. NEIGHBORHOOD IMPACTS 172 10,040 4. TRAFFIC MODELa- A. SOFTWARE LICENSE FEE 320 170900 2,000 B. TRAINING 3,000 S. ALTERNATIVES EVALUATION 248 15,450 6. TSM ANALYSIS 108. 71120 7. GENERAL PLAN UPDATE 52 3,240 S. ENVIRONMENTAL ASSESSMENT 340 20,720 9. IMPLEMENTATION PROGRAM 180 11,800 10 -STUDY REPORTSb. 128 7,840 SUBTOTAL 1,764 $110,250 DIRECT EXPENSES: COMPUTER PROCESSING_ $ 2,750 TRAVEL 3,300 MIS C. 2.880 SUBTOTAL EXPENSES $ 81930 TOTAL COST $119,180 Cost /Unit of Extra Services a. Additional Model Alternative. Runs Task 4.4 = $2,240 each Alternative Run b. Cost of extra Public Meeting attendance = $620 each Public Meeting Note: Tasks 3, 4, and 8 are to be compensated on a percent comlete basis for periodic billings. p EXHIBIT "C" PROJECT ORGANIZATION TRAFFIC MODEL AND FORECAST BRENT OGDEN Task Leader • A. ALBERS • C. THNAY' ENVIRONMENTAL ASSESSMENT DAVID POWERS Task Leader • M. JOHNSON CITY OF SAN LUIS OBISPO PRINCIPAL -IN— CHARGE MICHAEL KENNEDY PROJECT MANAGER STEVEN JEPSEN TSM /TDP ASSESSMENT MICE KENNEDY Task Leader • S. JEPSEN • R. GRANDY 9 CIRCULATION NEED/ PROGRAM DEYELOPMENT' STEVEN JEPSEN Task Leader • R. GRANDY • J. SOHRIAKOFF CIVIL ENGINEERING/ COST ESTIMATING DIANA WALKER Task Leader • M. HANNEMAN FUNDING ANALYSIS STEVE COLMAN Task Leader • R. LEE co VM � C 0 L r m r N 0 ®vim m m r O a CD cr- E9, u W a m d Y O `I C 0 m r E CD m l'S W a -•% m aD ° W (D 2 � U.- S � 0m m s 0 W Y cc U O x LU a E 0 O 4 t N O O c d E 0 " c m m 0 E 3 ca a 4 C m h OD E g E v N m R c a ¢ C. LL c 0 0 0 d LU .Q c io' C y Y CD O a, m r y Q d C C m m y 7 m L U E a m E LL. Q ~ y c3� cc m o T w W z ~ a L= Q C7 tL E co .� N to O m m r O a CD cr- E9, u W a m d Y O `I AMENDMENT TO CONSULTANT'S SERVICES AGREEMENT This amendment, made this 5th day of January, 1988 by and between the City of San Luis Obispo, California (hereinafter referred to as "City "), and DKS Associates of San Jose, California, (hereinafter referred to as "Consultant "). Mais document amends the contract between the City of San Luis Obispo 1/5/88 (hereinafter referred to as "Agreement") and DKS Associates dated , for the traffic circulation and environmental assessment services. City hereby authorizes Consultant to work on Tasks 1, 21 3, and 4 as provided in Exhibit A of the /l? Wq( Agreement. Further authorization is given for work on Tasks 8 and 10 not to exceed twenty percent (20 %) of Task 8 and fifty percent (50 %) of Task 10 as provided in Exhibits A and B of the Prime Agreement. By mutual understanding, it is agreed that work on the remaining - Tasks 5, 61 7 and 9, and the completion of Tasks 8 and 10 will be dependent upon an interim review of completed work and direction of remaining tasks by City Council. Written authorization for the balance of the study will be provided to the Consultant by the City with concurrence from the San Luis Obispo City Council. This Amendment further modifies Section 4 of the PAyc t ( Agreement to allow for progress payments on Task 10 "Study Reports" based on work described in Exhibit "A" and listed in Exhibit "B" of the Vita Agreement, and as further modified by this Amendment The purpose of this change is to provide for partial payment on working papers and extra meetings that may be required on behalf of the City. All other conditions of the.,P/4#0 Agreement apply. Any further changes to the contract and/or this amendment must be in writing by mutual agreement of all parties. The City and Consultant have executed this Agreement the day and year first written above. CONSULTANT DKS Associates By Steven R. Jepsen Title Director. San Jose Operations CITY OF SAN LUIS OBISPO MAYOR RON DUNIN Authorized Signature Title Mayor ATTEST: CI Y CLERK PAID OGES o RESOLUTION 6378(1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ADOPTION OF,CRITERIA FOR GRANTS -IN -AID WHEREAS, the City Council provides funding to local non - profit groups providing services that enhance the quality of life for City residents; and WHEREAS, the Human Relations Commission and the Promotional Coordinating Committee review applications submitted by those agencies in order to make fair and objective recommendations to the City Council regarding appropriate funding through their annual Grants -In -Aid programs; and WHEREAS, in an effort to standardize and formalize that review process, a set of criteria for Grants -In -Aid funding have been developed by those commissions, as follows: 1. At least one appropriate representative from each applicant agency will be required to attend a workshop which details the application process. 2. The application must be completed in full and on time. Late or incomplete applications will not be considered. 3. Applicants must have the status of a non - profit organization (Articles of Inc., 501 C3 status, Federal ID number and Tax Exempt Notification), prior to submitting proposals for funding. 4. Applicant proposals must be compatible with the current goals and objectives of the Grants -In -Aid program. 5. Applicants must demonstrate they have the managerial and fiscal competence to complete the proposed project. 6. Applicants must show what percentage of the total agency budget the requested City funds represent, and what percentage of agency Clients /participants /users will be City and County residents. 7. Applicants should be aware that there is no guarantee that funding will be available to them in future fiscal years. Dependency on future city funding is discouraged. 8. An applicant agency may not be eligible if its reserve is more than 10% of the organization's annual budget. Applicant agencies must identify designation of any reserves in excess of 10 %. 9. Preference will be given to those agencies that provide direct services to residents and that provide a clear description of how they intend to use the City funds. 10. The City is reluctant to fund new projects which duplicate existing programs. The applicant must show that this particular program is in some way unique or needed by city residents. R6378 Resolution No. 63 =;1988 Series) Page 2 F 11. Applicants should be able to demonstrate clear attempts at coordination with related agencies and a high use level of existing community resources. 12. Applicants should be able to show their fundraising history as well as clear attempts at obtaining funding from sources other than the City. NOW, THEREFORE, BE IT RESOLVED that the City Council approve and adopt the above criteria for funding grants -in -aid programs of the Promotional Coordinating Committee and the Human Relations Commission. On motion of Councilwoman Rappa , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January 1988. ATTEST: D "�C +� CITY CLERK PAMELA -VIES Approved: City dministrative Officer / Z Finance Direct City A torney '1 1 r � MAYOR RON DUNIN GRANTS -IN -AID CRITERIA FOR FUNDING 1. At least one appropriate representative from each applicant agency will be required to attend a workshop which details the application process. 2. The application must be completed in full and on time. Late or incomplete applications will not be considered. 3. Applicants must have the status of a non - profit organization (Articles of Inc., 501 C3 status, Federal ID number and Tax Exempt Notification), prior to submitting proposals for funding. 4. Applicant proposals must be compatible with the current goals and objectives of the Grants -In -Aid program. 5. Applicants must demonstrate they have the managerial and fiscal competence to complete the proposed project. 6. Applicants must show what percentage of the total agency budget the requested City funds represent, and what percentage of agency clients /participants /users will be City and County residents. 7. Applicants should be aware that there is no guarantee that funding will be available to them in future fiscal years. Dependency on future city funding is discouraged. 8. An applicant agency may not be eligible if its reserve is more than 10% of the organization's annual budget. Applicant agencies must identify designation of any reserves in excess of 10 %. 9. Preference will be given to those agencies that provide direct services to residents and that provide a clear description of how they intend to use the City funds. 10. The City is reluctant to fund new projects which duplicate existing programs. The applicant must show that this particular program is in some way unique or needed by city residents. 11. Applicants should be able to demonstrate clear attempts at coordination with related agencies and a high use level of existing community resources. 12. Applicants should be able to show their fundraising history as well as clear attempts at obtaining funding from sources other than the City. rl r lb RESOLUTION NO. 6377 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY USE PERMIT A133 -87 AND VARIANCE V1342, DENYING THE USE OF A SITE ON HIGH STREET FOR A CARWASH. WHEREAS, the Planning Commission and City Council have held public hearings on this use permit and variance in accordance with the city's Zoning Regulations; and WHEREAS, the item has come to the council upon appeal from the Planning Commission and the council has considered the reports of staff, minutes of the Planning Commission, public testimony, and materials submitted by the applicant. NOW, THEREFORE, the council resolves to deny the appeal and uphold the Planning Commission's action to deny Use Permit A 133 -87 and Variance V1342 with the following findings: The granting of such an application would adversely affect the health, safety or general welfare of persons living or working in the vicinity; specifically, the use would result in hazards for traffic and pedestrians. 2. The use is not appropriate for the site. Specifically, the site is too small to accomodate a self - service carwash and customer vehicles on -site. On motion of Cqu.nc,ilrman, Set,t.le,, , seconded by ,Councilwoman Pinard .............., and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, and Mayor Dunin NOES: Councilman Reiss ABSENT: None the foregoing resolution was passed and adopted this ..5th.. day of January , 1988. ayoer=o unn ATT City Clerk Pa loges R6377 n 4' Resolution No. 6377 (1988 Series) Page 2 APPROVED: ity A ministrative Officer City Atto ey /-11 %6 � ................... .............. Community Development Director judolcarres r 1.1 !/ � T �' �2(,�ia�- d�PUI�:CGrn,,(.� �Cvn.c� ,�'i 1�`'� Fi I� �n� �� RESOLUTION NO. 6376 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FEDERAL -AID PROJECTS WHEREAS, the Congress of the United States has in the 1986 U.S. Surface Transportation Assistance Act declared it to be in the national interest for federal funds to be expended for highway projects; and WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects; and WHEREAS, as a condition to receiving any Federal -Aid funds the City agrees to comply with Federal Regulation 49CFR Part 23, "Participation by Minority Business Enterprises in Department of Transportation Program; and WHEREAS, the Federal Regulation includes requirements that recipients of Federal -Aid funds adopt a "Disadvantaged Business Enterprise (DBE) Program; and WHEREAS, State policy requires that the City will administer its Federal -Aid projects; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California, hereby: 1. Approves Exhibit A attached, entitled "Disadvantaged Business Enterprise (DBE) Program ", and the Mayor is authorized to execute the same. 2. Directs the City Clerk to transmit a copy of the adopted DBE Program and this resolution to: Mr. T. 0. Montague Asst. Dist. Local Streets & Roads Engr. California Dept. of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403 -8114 R 6376 � p Resolution No. 6376 (1988 Series) Page Two 3. Directs the City Clerk upon receiving State approval of this City DBE Program, to prepare a Public Notice to be published in the Telegram- Tribune for one day, and transmit a "Declaration or Proof of Publication" of said Public Notice to: Mr. T. 0. Montague Asst. Dist. Local Streets & Roads Engr. California Dept. of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403 -8114 On motion of Councilwoman Rappa , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 5th day of January 1988, ��' AYOR Ron Dunin ATTES CITY LERK Pam oges r * r * r « APPROVED: City Administrative Officer City Ayjorney // A- ) -;k--._ 4.,. V1;'— " Public Works Director City E)gineer jh5 /DBEprog jms J r] EXHIBIT "A" DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY OF SAN LUIS OBISPO I. Policy Statement It is the policy of the City of San Luis Obispo to utilize Disadvantaged Business Enterprises (DBE) and firms as defined in 49 CFR Part 23 in all aspects of contracting to the maximum extent feasible. This policy which is fully described herein constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in part by any U.S. Department of Transportation model element. This Agency, its contractors and subcontractors, which are the recipients of Federal -aid funds, agree to ensure DBE firms have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, this Agency and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR Part 23 to ensure that DBE and firms have the maximum opportunity to compete for and perform contracts.. II. Disadvantaged Business Enterprise (DBE) Liaison Officer. Director of Public Works, is the DBE Liaison Officer for this agency and shall report to the City Administrative Officer. He will be assigned such staff as is necessary to fully implement the provision of 49 CFR Part 23 and such other DBE programs as may be required. III. Duties of the DBE Liaison Officer., The DBE Liaison Officer shall develop, manage and implement the DBE Program on a day -to -day basis. The Liaison Officer shall: * Develop and carry out technical assistance programs for DBE's. * Arrange solicitations, time for the presentation of bids, quantities, . specifications, and delivery schedules so as to facilitate the participation of DBE's. Where such changes are found necessary to increase DBE_ utilization, they will be made in consultation and cooperation with the functional unit involved. * Provide guidance to DBE's in overcoming barriers, such as inability to obtain bonding or financing. * Carry out information and communication programs. on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. * Investigate the services offered by banks owned and controlled by Disadvantaged Business Enterprises. * Unless noted elsewhere herein the listing of DBE's certified by Caltrans will be utilized. Said listing is to be made available to all project bidders. Such lising will include the following information: Name, address, telephone number, ethnic and /or sexual ownership, type of work.performed by firm. * Prior to approval of the substitution of any DBE sub - contractor, the. prime contractors will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. * Establish a DBE overall annual goal. The goal shall be evaluated annually and adjusted as necessary. * Establish an appropriate individual project DBE goal for each Federal Aid Project advertised. * Perform good faith analysis when the project goal is not achieved. * Maintain such documentation as is necessary to verify performance of all activities included in this program. IV. Public Notification 1. At the time of submittal of this program to the State Department of Transportation, a notice in both minority and majority local media will be published. Said publication shall include: * The annual overall DBE goal. * Notification that a description of how the goal was set is available for public inspection for a period of 30 days. ft C-11 * Notification that both U.:S. DOT and this agency will accept comments on the goal for 45 days from the date of the notice. The notice shall advise interested parties that comments are for information purposes only. 2. This program will be reaffirmed by public notice annually at the time of publication of overall goal. If substantial changes are made to this document, the entire document shall be subject to notification noted in (1) above. 3. In addition to the foregoing, interested disadvantaged and majority contractor organizations will receive direct mailings of this complete program. V. Establishment of Goal 1. The DBE goal will be established both annually (overall) and on a per contract basis. The overall goal will be based on planned contract activity for the coming year. The overall goal established will be subject to methodology and procedures established in 49CFR Part 23, Subparts (C) and (D) and take effect on October 1st of each year. 2. The overall DBE goal established with this initial program is 10% and covers the period October 1, 1987 to September 30, 1988. 3. Individual project goals will be established based on the following criteria: * Attainment of established overall goals. * Size of project. * Opportunities for DBE's as subcontractors, vendors, and suppliers. * Minority population of geographic area in which work is to be performed. * DBE goals being utilized in the geographic area by other State, Federal or local jurisdictions. * Availability of certified DBE's. LM:7 40 • Past experience on projects similar to the project being evaluated. • Such other factors as may affect the utilization of DBE's. Complete evaluation documentation will be retained for each project. 4. Projects which do not contain a specific goal will contain the following provisions: A. "Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement." B. DBE Obligation. (i) The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps A n accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT- assisted contracts." VI. Contract Procedure This program shall be implemented through the utilization of a contract special provision which will be provided /updated as necessary by Caltrans' Division of Local Streets and Roads. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each DBE subactivity. VII. DBE Notification Projects will be advertised in local newspapers and minority focus newspapers when possible. These ads will include reference to DBE requirements and will indicate the DBE project goal. DBE supportive service assistance centers will receive notification of projects scheduled to be advertised. Such Centers will be afforded the opportunity to receive complimentary plans and specifications for projects within their geographical area of responsibility. VIII. Selection Criteria for Projects with DBE Goal Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer or his designee to ascertain bidding contractors' efforts to attain the DBE goal. The award of any project must be concurred with by the DBE Liaison Officer or his designee before said contract may be awarded. Should there be disagreement between functional units concerning contractors' efforts to attain contract goals for DBE participation, the matter shall be referred to the City Administrative Officer or his designee, for final determination. Competitors that fail to meet the DBE goal and fail to demonstrate sufficient reasonable good faith efforts shall be declared non - responsive and ineligible for award of the contract. All contracts that contain a DBE goal, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The DBE Liaison Officer is to be immediately advised of any • a circumstances wherein contractor compliance with the DBE provision is questionable. The contractor shall submit 'a final report for each project which includes total payments to the prime contractor as well as any payments the prime contractor has made to DBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goal, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goal and any corrective action that was taken. Prime contractors will be required to notify the Agency of any situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors or suppliers. IX. Set - Asides If determined necessary by the DBE Liaison Officer, DBE Set - Asides will be considered as a tool to achieve annual overall goals. X. Counting DBE Participants This Agency, its contractor's, and subcontractors shall count DBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regulations. XI. Records and Reports 1. The DBE Liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information: * Awards to DBE's * Awards to majority contractors. * Final project reports concerning DBE utilization. * Such other data as is needed to fully evaluation compliance with this program to QI 2. The DBE Liaison Officer shall submit reports to Caltrans and /or to the appropriate U.S. DOT element as required. These reports will include: * Number and dollar value of contracts awarded. * Number and dollar value of contracts and subcontracts awarded to DBE's. * Description of general categories of contracts awarded to DBE's. * The percentage of the dollar value of all contracts awarded during the Year which were awarded to DBE's. • Indication as -to the extent of which the percentage met or exceeded the overall goal. • Reports shall be broken down separately by ethnic grouping. XII. Complaints Any complaints received by the Agency concerning this program will be investigated by the DBE Liaison Officer who will endeavor to resolve said complaints within 90 days of receipt. The appropriate DOT element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation /resolution. The DOT element and Caltrans will receive a complete investigative report on the complaint and may be requested to concur in the proposed disposition of said complaint. Contractors will be directed to notify the Agency of any complaints they may receive concerning this program. jh5 /dbeprog by IYl "r. I 'YI RESOLUTION NO.6375 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF.THE CITY OF SAN LUIS OBISPO APPROVING THE CENTRAL COAST REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT 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, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of the executed . agreement approved by it to: George Protopapas, County Engineer, San Luis Obispo County Government Center, San Luis Obispo, CA 93408. On motion of Councilwoman Rappa Y , seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th_ day of January 1988. Mayor Ron Dunin ATTEST: 1 V _ _ City erk Pamela vogeo APPROVED: City Adm nistrative Officer City A rney s R6375 � EXHIBIT "A" JOINT POWERS AGREEMENT CENTRAL COAST REGIONAL TRANSIT AUTHORITY This Agreement, by and between the Cities of Morro Bay, Atascadero and San Luis Obispo, the County of San Luis Obispo and San Luis Obispo County Community College District, is hereby entered into pursuant to Section 6500 et seq. of the Government Code of the State of California. This Agreement terminates the Joint Powers Agreement - North Coastal Transit entered into on January 12, 1979 and as subsequently amended. The Authority assumes all powers, duties, assets, liabilities and obligations of North Coastal Transit. ARTICLE I GENERAL PROVISIONS SECTION 1: PURPOSES. The purpose of this Agreement is to of the member agencies by the formation with full power and authority to own, public transportation system within the Joint Powers Agency has jurisdiction. i Exhibit .A. ) SECTION 2: NAME. exe.rcise the common powers of a Joint Powers Agency operate and administer a territory over which the See map attached hereto a.s The legal name of the Joint Powers Agency shall be Central Coast Regional Transit Authority hereinafter referred to as Authority. SECTION 3: POWERS. The Authority shall have all powers necessary to carry out the purposes of this Agreement, except the power to tax. The power to expend funds shall be limited only- by the availability of funds as set forth in Section 1 of Article III, Financial Provisions of this Agreement. The powers of the Authority specifically include, but are not limited to, the following: a. To operate a public transit system to serve the Highway 1 Corridor between the Cities of Morro Bay and San Luis Obispo including the Baywood -Los Osos Area, and the Old Highwa.y 101 Corridor between the Cities of San Luis Obispo and Atascadero, as is shown on the map attached hereto as Exhibit A. b. To sue and be sued. C. To employ agents, employees and to contract for professional or other services. d. To make and enter into contracts including labor and employment contracts. e. To acquire, convey, construct, manage, maintain and operate buildings and improvements. f. To acquire and convey real and personal property. g. To incur debts, liabilities and obligations. h. To apply for and execute contracts of financial assistance from state and federal agencies and to obligate the agency to operate the improvements, equipment, or transportation system in accordance with the terms and conditions of said financial assistance. i. To purchase necessary insurance. SECTION 4: AUTHORITY IS A PUBLIC LEGAL ENTITY. Central Coast Regional Transit Authority, is a public entity duly formed and existing under the laws of the State of California. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to the this Agreement, or those created pursuant to previous Agreement., shall be solely the obligation of the Central Coast Regional Transit Authority and not those of its member agencies or of officers, employees, members of the Authority or representatives of the member agencies. ARTICLE II ORGANIZATION SECTION 1: THE AUTHORITY. The powers of the agency are vested in its Governing Board. The Governing Board shall be composed of one representative from each member agency. Each member of the Board shall have one vote. Each member agency shall appoint one regular representative and one alternate representative to the Board, and shall notify the agency in writing of their appointments or of any change of representative. The representative shall serve solely at the pleasure of the appointing member agency. Representatives shall be either elected officials or officers or employees of the member agency. SECTION 2. MEETING - VOTING QUORUM.. The Board shall establish a time, place and date for a regular monthly meeting. Regular meetings may be adjourned from time to time. Special meetings may be called by the Chair or upon written K o request of any two members of the Board. Members shall be given at least 48 hours written notice of special meetings, provided however, the representative of any member may waive said notice. A majority of the members shall constitute a quorum for the transaction of business. Nothing in this section shall conflict with any Brown Act requirements. Unless specifically_ limited by this Agreement, the vote of a majority of the members present at any regular, adjourned or special meeting shall be sufficient to act upon any matter. SECTION 3: OFFICERS. The Board shall elect a Chair and Vice- Chair, and the Vice Chair shall act in the absence of the Chair. The Board shall also elect such other officers as deemed necessary. All officers shall serve for a term of one year from the date of their election or until their successors are elected. The Chair or Vice -Chair is authorized to execute all documents in the name of the Authority. SECTION 4: ADMINISTRATION. The Board may, in its discretion, appoint an administrator of the transit system, to serve at the pleasure of the Board, and to have the power to certify agency documents as required by law and to assume such duties and responsibilities as the Board may direct. SECTION 5: NEW MEMBERS. The Board may accept new members to the Board on such terms and conditions as the Board may prescribe. SECTION 6: CHANGE OF BOUNDARIES. The boundaries of this Authority are subject to change, but shall initially be as set forth upon Exhibit "A" attached hereto and made a part of this Agreement and incorporated herein by reference. If any portion of the unincorporated area of the County is annexed to a member city, that annexed portion shall automatically be included within the boundaries of this Authority, and the said member city shall assume any obligations of the County as to that %area. If a new city should be formed in any portion of the unincorporated area of the County presently included wi.thin the territory of this Authority, and if such a new city should become a party to this Agreement, then the affected area shall be the responsibility of the new city and the County shall not be responsible for any obligations on account of the area. so included 3 within the new city as of the effective date of the incorporation of the new city. The boundaries of this Authority shall be adjusted to reflect annexations or new incorporations as set forth hereinabove. If the new city should not become a member of this Authority, then the area of the new City shall be deleted from the area of this Authority. ARTICLE III FINANCIAL PROVISIONS SECTION 1: BUDGET - LIMITATION OF FINANCIAL COMMITMENT The Board shall establish the fiscal year for the Authority and shall, prior to the commencement of each fiscal year, adopt an annual budget. The budget may additionally carry funds for future fiscal years where necessary to reflect obligations under state or federal funding agreements, to the extent allowable by California law. The representatives expenditures beyond one legislative bodies of the be required to expend any operations of the Board. be funded from revenues appropriate revenue sour( contribution to the agency shall not obligate the Authority to year without express approval of the member agencies. No member Agency shall of its general fund monies to support the The operation of the transit system shall derived from operations and any other :es. Each member shall make an annual for funding the adopted budget. The formulas for funding the operation of the existing bus lines are as follows: Morro Bay Route (Route 7) The formula for funding the operation of this route will consider population of the area served and daily passenger miles departing from the members jurisdiction. Sixty -five percent of the operating costs will be funded according. to population, the remaining thirty -five percent according to passenger miles. The populations of the Cities of Morro Bay and San Luis Obispo shall include the populations within their respective incorporated areas. Each local agency's funding share shall be based uoon the amount that the member's population bears to the total population of all the members. For this route the service area of the County of San Luis Obispo includes the populations of the students housed at California Polytechnic State University, the California Mans Colony, Los Osos, Cayucos, Cambria and the Estero Rural area. Population figures for the California Mens Colony and the Cal Poly residents shall be provided by the respective institutions. 4 o • The passenger- miles information shall be based upon an annual on -board survey taken in the month of January. The survey will be of a one day duration.. The main purpose of the survey is to determine the rider's place of residence and trip length. . Cuesta - CMC Route (Route 8): One third the total cost of operating this route shall be paid by each of the following agencies. City of San Luis Obispo, County of San Luis Obispo and San Luis Obispo County Community College District. Atascadero - (Route 9): One third the total cost of operating this route shall be paid by each of the following agencies: Cities of San Luis Obispo and Atascadero and the County of San Luis Obispo. A6y population percentages utililized shall be based annually on figures prepared from SS 90 estimates of the State Department of Finance. SECTION 2: EXPENDITURES. The Board may establish procedures and policies to insure competitive prices for the purchases of goods and services. Formal bidding shall not be required unless directed specifically by the Board or unless required by state or federal law. Particularly in the purchase of equipment, including buses, the Board may consider the design, maintenance and operating costs, and other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. SECTION 3: TREASURER AND AUDITOR. Pursuant to Government Code Section 6505.5, the Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of the Board. The Treasurer shall have the powers and duties set forth in Government Code. Section 6505.5. The Auditor /Controller of the County of San Luis Obispo is designated as Auditor of this Authority, likewise pursuant to Government Code Section 6505.5, with the powers and duties set forth therein. SECTION 4: ANNUAL AUDIT. The Board shall cause an annual audit to be prepared and filed in accordance with Government. Code Section 6505 and Public Utilities Section 99245 unless provided by the Area Coordinating Council. 5 o • SECTION 5: PERIODIC REPORTS. The Board may require periodic reporting of ridership,. finances or other pertinent information. It shall be the responsibility of the contractor and administrator to provide such reports in a form acceptable to the Board. SECTION 6: OFFICIAL BONDS. The Administrator and such other employees Board may direct shall file an official bond in determined by the Board. The cost of said bond(s) the Authority. ARTICLE IV MISCELLANEOUS PROVISIONS SECTION 1: WITHDRAWAL OF MEMBERS. or agents as the an amount to be shall be borne by Any member of this Board may withdraw at any time after written notice to the Board. If the Board has contractual obligations to continue operation of a public transit system at the time of withdrawal of any member agency, the remaining member agencies may impose such conditions upon the withdrawing member agency as may be reasonable, including future financial support to meet the contractual obligations of the Board at the time of withdrawal. The obligations of the withdrawing member agency shall not extend to the general funds of the withdrawing member. SECTION 2: AMENDMENT OF AGREEMENT. This Agreement may be amended at any time with the approval of ail-the legislative bodies of the member agencies. SECTION 3: RATIFICATION- EFFECTIVE DATE. This Agreement shall become effective upon ratification by all member agencies. This Agreement shall be dated and shall be effective upon the last date ratified by a member agency. SECTION 4: ASSIGNABILITY. In the event it is deemed in the best public interest to have the public transportation system operated by another individual or entity, whether public or private, and provided that the operation complies with State and Federal law, the Board may sell, lease, or assign all of its real and personal property and may assign operations upon such terms and conditions as the Board determines to be reasonable. rl C 0 SECTION 5: TERMINATION. This Agreement shall continue in full force and effect until cancelled by a majority of the member agencies. SECTION 6: NOTIFICATION TO SECRETARY OF STATE. Pursuant to Government Code Section 6503.5, the Board shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of the Secretary of the State of California, within thirty (30) days after the effective date of this Agreement. Until such filing is completed, the Board shall not issue any bonds or incur indebtedness of any kind. 7 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the day of , 1987, which is the last date of signing by a member. SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT By: Chairperson, Board of Trustees Date Signed: COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO By Mayor Date Signed: / CITY OF MORRO BAY By. Mayor Date Signed: CITY OF ATASCADERO By: By: Chairman of the Board of Mayor Supervisors Autharized by Board Action on , 1987. Date Signed: APPROVED AS TO FORA AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: gk:e7�� Deputy We C u sel Dated: Wev , � qf2 Co. Eng. JW /nt 0150x 0056x L•' Date Signed: T O 4 _ nK0' ' -•L� � ♦ i r V _ � ��• �. a 'r t• vv p Q _. /• _ of � :`_Lr� rYl /•33 J -z ` "7 .c: n r- r. 7 r .wl _ t� 't • � yi � � ._ _w T`•• Tt I C _ J = { • � 41 4 . I';: t.' r�M;: lvse .}�.'i'J�'%w.i��•i{1�:.'S�.� �+♦:'Y..TI+ -YI r:Yp:•i:'C!YiC f,'!u•." -r)� :o:nl'°; �':J.� _.. i. � -� - �' . ._..... 1� n s A. J '' RESOLUTION NO. 6374 (1988 Series) A RESOLUTION OF,THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND LA FIESTA DE SAN LUIS OBISPO FOR CITY TO PAY ASSOCIATION $3,620.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council 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 La Fiesta de San Luis Obispo 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: La Fiesta; City Finance Director. On motion of Councilwoman Rappa , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January , 1988. ATTEST CITY_ LERK Pam Vc0es Approved: r, G Cit ministrat,;Or er City At orney inance Director MAYOR Ron Ounin R6374 A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS 081SPO TO CULTURAL, ARTISTIC OR FDUCATTONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 LA FIESTA DE SAN LUIS OBISPO This agreement, made and entered into this day of 1988, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "). and LA FIESTA DE SAN LUIS OBISPO, a non - profit organization (referred to herein as "Association); WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic., and educational nature for the benefit of the City's residents for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has established La Fiesta as a line item grant in the amount of $3,620.00; and NOW THEREFORE.: 1. City agrees to pay Association the sum of Three Thousand Six Hundred Twenty Dollars ($3,620.00) to be expended for the purpose of organizing and staging the events of La Fiesta. 2. On or before October 1, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending September 1, 1988. 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: 1 V.a 6b 99. City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -81.00 Association: La Fiesta de San Luis Obispo P.O. Box 1733 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ASSOCIATION: LA FIESTA DE SAN LUIS OBISPO By Y1Se_ N!7��1 -- Vicki Carroll, President 2 CITY: CITY OF SAN LUIS OBISPO By: Ron Dunin, Mayor ATTES Pame a Voges, City C rk Attachment 1 RESOLUTION ND. 6373 (1966 SERIES) A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO- EXTENDING THE CURRENT ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN'LUIS.OBISPO POLICE OFFICERS' ASSOCIATION; AND AUTHOR IZING.THE CHIEF OF POLICE TO ADOPT OR CHANGE WORK SCHEDULE PLANS AS NEEDED.. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The modification and extension to the Addendum of the current Memorandum.of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Officers' Association, attached hereto as Exhibit "A ", and incorporated herein by this reference is hereby adopted and ratified. Section 2.. The City Council,'further, reaffirms the authority of the Chief of Police to alter or adopt necessary schedule changes to meet the needs of the City and /or its employees. Section 3, The City Clerk shall furnish a copy of this resolution and a copy of the executed Extended Addendum to Gary Nemeth, President of the Police Officers' Association; Ann Crossey,,Personnel Director; Dixon- Flynn, Acting Finance ,Director; and James Gardiner, Chief of Police: On motion of Councilw `oman_Rappa,_seconded_by- Councilman Settle,. and or_ the following roll call vote: AYES: Councilmembers Rappa, Settle, P natd, Reiss and Mayor Dunin NOES: None. ABSENT: None R6373 Resolution No. 6M (1988 Series) Page 2 the foregoing resolution was passed and adopted this 5th day of January, 1988.. Mayor Ron Dunin ATTEST: /1 City Clerk, PamelaXVoges APPROVED: "— City A,ministrative Officer City AUorney Finance Director j Personnel Director Attachment 1 Exhibit A SIDE LETTER TO ADDENDUM of 1985 -88 Memorandum of Agreement Between the City of San Luis Obispo and the San Luis Obispo Police Officers Association By mutual consent of the City and the Police Officers Association, the attached addendum with sideletter adopted May 19, 1987 by Resolution 6216 (1987 series) is hereby modified to read as follows: A. Page One, Paragraph One : In an effort to improve scheduling, the Chief of Police desires to implement a 3/12 Work Hour Plan. This plan will be implemented beginning January 1, 1988 and will remain in effect until such time that it is no longer determined to be beneficial to the City and /or the Police Officers' Association. B. Page One, Paragraphs Two, Three, Four and Five: All Paragraphs deleted. C. Page Two, Paragraph One: Deleted. D. Page Two, Paragraph Three: Deleted. The City and the Police Officers Association agree to continue all other aspects of the current addendum to the 1985 -86 MDA as written through June 30, 1988. The City and Police Officers' Association also agree that all other provisions of the current MOA, not effected by the addendum, will remain the same. Nothing herein should be construed to indicate that the City will, in any way, relinquish current or future management prerogatives to establish necessary work plans appropriate to the needs of the Department. /-1. G�, cx,� � \ Yl O Y1 C.'i �i� 0