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HomeMy WebLinkAbout6713-6724PIS-, RESOLUTION NO. 6724 (1989 SERIES) ARFSOLUTION OF THE COUNCIL OF THE, CITY OF SAN LUIS OBISPO DENYING A REQUEST TO CONSTRUCT A BUn DING OVER THE TOP, OF THE SAN LUIS CREEK BANK AT 1327. PACIFIC STREET (ARC 89-89) WHEREAS, the council has considered the testimony and. statements of the applicant, and the evaluation of staff; and WHEREAS, the council determines that the requested encroachment is not appropriate at the proposed location and inconsistent with the City Council's Creek Review Policy; and NOW, THEREFORE, the council. resolves to deny the requested encroachment. On motion of Councilman Settle seconded by ,-Councilwoman Pinard- and on the following roll call vote: AYES: Councilinei6ers Settle, Pinard, 4ppa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this ?J�st day of Novembe+- 1980. o- tinin ayor R7 D 6724 Resolution No. 6724-2(.1989 Series ARC 89=89; 1327 Pacific Street Page 2. APPROVED: City A trative Officer . . . . . . . . . . Community Development Director �'�qti, g �^� 1� h�J 1 J ��`�,V 1 VICINI 7�Y MAP ARC 39 -89 t+t O 0� b �,•• , R. O VF / •-cn i � � O � � / • � ,/tea �r ,) •.� ie.; O •� II C N - � O � W,Z D P- .pC � t tYti � - t _ V •M1 � O Re ��. R O' O 1 • N y �• % 8 0 = O - RESOLUTION NO.6723 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING. APPROVAL OF VESTING TENTATIVE MAP FOR TRACT 1827 LOCATED AT 980 FLORENCE AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines. That this council, after consideration of the vesting tentative map of Tract 1827 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: The design of the tentative map and proposed improvements are consistent with the general plan. 2. . The site is physically suited for the type and density; of development allowed in an R -2 -S zone. 3. The design of the subdivision 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 proposed project has been granted a negative declaration of environmental impact based on the following mitigation measures being incorporated into the project: a. The applicant shall provide for the future alignment of Bishop Street by the dedication of additional right -of -way south of the existing dedication with the proposed abandonment. b. The applicant shall dedicate a portion of the southeast corner of the property to allow for the development of an offset cul -de -sac for Bushnell Street if the Bishop Street overpass is constructed. The cul -de -sac would be necessary to terminate Bushnell if the overpass is constructed because of the grade differential between the grades of Bushnell and the overpass. All buildings and improvements need to be appropriately set back from the cul -de -sac right -of -way. C. The applicant shall install one on -site fire hydrant adjacent to the driveway in the southwest corner of the project to the approval of the Fire Department. d. The applicant shall incorporate building techniques such as use of windows with double glazing in appropriate locations to provide interior noise levels that conform with the 45 decibel interior standard in those units contained in buildings located along the westerly side of the site. e. A hazardous materials abatement plan shall be submitted to the Community Development Department and Hazardous Materials Inspector which includes: -'6723 Resolution No. 6723 (1989 Series) Tract 1827 Page 2 (1) A preliminary soils report including map and site history indicating the extent and location of contamination. (2) If soil contamination is found, the plan' demonstrate how the site will be restored. (3) A building permit shall not be issued for the project. until the.site satisfies the requirements of the Community Development Director and Hazardous Materials Inspector with respect to the removal of hazardous materials and restoration of the site. SECTION 2. 'Conditions The approval of the vesting tentative map for Tract 1827 shall be subject to the following conditions: All lots shall be served by individual sewer, water and utilities. All new utilities within the tract shall be placed underground in easements to the approval of the appropriate utility company and the City Engineer. Water meters shall be clustered in the public sidewalk to the approval of the Public Works Department and the Utilities Department. 2. Final map shall show a 6 -foot public utilities easement and 10 -foot wide street tree easement along the project's public street frontages. 3. Final map shall note entire common lot area as a blanket utility easement (exclusive of buildings) acceptable to the utility companies and City Engineer. 4. All on -site driveways, nonstructural parking improvements, and utilities shall be installed as subdivision improvements. 5. On-site sewer and water lines shall be private and maintained by the homeowner's association. 6. All grading shall comply with the recommendations contained in the soils 'report prepared for the property. t 7. Subdivider shall install an on -site hydrant to the approval of the City Fire Department. 8. Subdivider shall prepare conditions, covenants,, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. , CC &R's shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common area including private driveways; water and sewer mains, drainage, parking lot areas, walls and fences, lighting, and landscaping in a first class condition. Resolution N06723 (1989 Series) Tract 1827 Page 3 b. Grant to the city the right to maintain common area if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. C. No parking except in approved, designated spaces. d Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition: of storage or other uses which would conflict with the use of garages for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city - required provisions of the CC &R's without prior City Council approval. i. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. j. Provision of appropriate "no parking" signs and red - curbing along interior roadways as required by the, City Fire Department. 9, All units shall be numbered in accordance with an addressing plan approved by the Community Development Department. 10. Subdivider shall install a unit identification plan with directory at each of the project entrances to the approval of the Community `Development Department. 11. Subdivider shall install street lighting as determined by the City Engineer per City and P.G. & E. standards. 12. Project construction activity, including grading operations, shall be limited to the weekday hours from 8:00 a.m. to 5:00 p.m. and construction vehicles shall use Bishop Street via Johnson Avenue to access the project site.. 13. The applicant shall submit a dust management plan to limit dust generation from construction activities on the site and from construction vehicles transporting soil to and from the site to the approval of the Community Development Director and the Chief Building Official. 14. The applicant shall install signage on Rachel and Bishop Streets to keep construction vehicles from using Rachel Street. Wording and precise locations of the signs shall be to the approval of the City Engineer _and the Community Development Director., Resolution No. 6723 Tract 1827 Page 4 (1989 Series) SECTION 3. Code Requirements. The approval of the vesting tentative map for Tract 1827 shall be subject to the following code requirements: Tract. corners shall be .set by a registered civil engineer or land surveyor. 2. A'registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy.. 3. Subdivider shall pay water and sewer charges and park in -lieu fees as calculated by the City Engineer prior to final map approval. Sewer and water connections to the Bushnell Street sewer and water mains may require reimbursement for said mains to be paid prior to recordation of the final map. 4. Subdivider shall install one street tree per 35 feet of property frontage to city standards to the approval of the Public Works Department. 5. The subdivider shall install curb, gutter and sidewalk, and street paveout along all frontages. On motion of Councilwoman Rappa, seconded by Councilman _Settle and on the following roll call vote: AYES: . Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 21st day of November 1989. y0r Ron Dunin ATTE . City CI rk Pam Vog 's i Resolution No. 6723 (1989 Series) Tract 1827 Page 5 APPROVED: ru\��� �\�`���[ ,� RESOLUTION N0. 6 72 (1989 SERIES) . A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 1438 (K. & C. GAZIN - SUBDIVIDERS) WHEREAS, the City Council made certain findings concerning Tract 1438 as contained in Resolution No. 6411 (1988 Series), and WHEREAS, an Open =Space Easement, two (2) Common Driveway Agreements and a road easement deed for Royal Way (offsite), have been submitted in accordance with Resolution No. 6411 (1988 Series), and WHEREAS, all other conditions required per Resolution No. 6411 (1988 Series) for Tract No. 1438 have been met and /or are guaranteed under a. Subdivision Agreement and Letters of Credit for.Faithful Performance and Labor & Materials. M NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No. 1438 and the Mayor is hereby authorized to execute the Subdivision Agreement and Common Driveway Agreements (2) and to accept the Open -Space and Road Easements. The City Clerk shall.cause the above and other pertinent documents to be recorded with the final map. 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 21st day of _November 1.989. BY: Kim Condon, Assistant City Clerk R BON DUNIN G'7 77 i J Resolution No. 6722 (1989 Series) Page Two. APPROVED: n� a Community Development Director APPROVED AS TO FORM: M MIA �4 FAMMI, 1A io / N /jk1438F jk Ll N w 3 3 a 6 i m e "a S -too ar' i ;• 1 1 1 I= 1 I 4 I a I a3 I(Y L' J_ �g � yp��p Jl" •, y171 00 poi M 1= u? Le _. a r f, � 1411v/ 7 �V} CCU w tD I I 0 .4 Y� �Z z /// . • halo arcs— T,�il'A —�— �°a...�'°' .. \'ltwcr .tact U'tI S1Jw mvw -. A � a ;1 yc�� aG : &drtie'C � 8a �•p R 3 m v �E z It t t51 � is C i r /// . • halo arcs— T,�il'A —�— �°a...�'°' .. \'ltwcr .tact U'tI S1Jw mvw -. A � a ;1 L � U STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of by and between KENNETH_ R. GA IN .AND CAROL J. GAZIN - herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City.-- RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real. property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 1438, City of San Luis Obispo, California, as approved by the City council,, on the Jt Ctj-- day of %JII1Lfd!n b nt , 19-q. the Subdivider desires that said Tract 1438 be accepted an d approved as a final map pursuant to the Subdivision Regulations of the City of Luis Obispo (Title 17 of the San.Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of Sail this Obispo, to wits 1 , 1. CURBS, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER p MAINs, including sewer laterals to the roperty line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS (standard lighting, etc.) 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval. of such facilities by the City, each public utility shai`l.be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements,shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the- above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike, action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement 2 Security filed pursuant to this agreement. In this connections the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council and has posted the necessary fees: 1. The Subdivider has deposited a 'cash» deposit^(guarantee) of $1,000.60 to guarantee the cost of survey monuments in accordance with the approved map. Said deposit will be released upon receipt by the City of a letter from the engineer /surveyor indicating the work is complete and payment has 10 been received. 2. The Subdivider has paid water acreage fees of $19.795.00_ ($1920 X 10.31 Ac) 3. The Subdivider has deposited a tree preservation deposit of $3,142.06 and y17 signed an agreement to guarantee preservation of trees shown on the tree preservation plan. ,,4. The Subdivider has paid a park -in -lieu fee of $7,867.66. ' 5. The Subdivider has paid a sewer fee (Laguna lift station) of $455.00 (13 1 10' lots X $35 /lot). �LL 6. The Subdivider has posted a landscaping Faithful Performance Bond in the amount of $30,000 to guarantee installation of landscaping areas for the creek and the quarry slope, per approved plans, when the city notifies Subdivider that the water crisis is over and the landscaping is completed. /O The Subdivider has posted a landscaping Labor and Materials Bond in the [ amount of 50% of the above landscaping Faithful Performance Bond. i' 7. The Subdivider shall inform lot buyers of the possibility of building permit delays based on the city's water supply and usage per condition 10 l� of Resolution 6411 (1988 Series). Such notice shall be made a part of the j n^fl• "' recorded documentation for each lot. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. 3 The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon th faithful perf rmance of this agreement. Said instrument of credit^eP-bend is in the amount of $220,000.00, which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of.said .improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, based upon the total public improvement cost of $350,000: (Performance bond amount of $220,000:.00 is based upon partial completion), that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plan s and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 4 5 complete said improvements, or city may complete said improvements and recover the .full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described bonded subdivision improvements in accordance with State law. Said Subdivider has deposited with the City the sum of $1.1,400.06 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $11,400.00, the difference is to be paid by the Subdivider. The City.reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. 5 It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO t 95OR Ron Dunin ATTEST 7ITY' SLEBL Pam Voges By: ASSISTANT CITY CLERK Kim Condon Approved, as to form: a An No ineer 1438 -agr by 0 R RESOLUTION NO. 6721 (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN OPEN -SPACE EASEMENT ADJACENT TO 1680 SAN LUIS DRIVE, ON CITY PROPERTY KNOWN AS "ELSFORD PARK ". WHEREAS, Robert E. and Lillian E. Martin have requested a 10 feet -wide by 95 feet -wide open -space easement for building setback purposes for their property at 1680 San Luis Drive on City -owned property known as "Elsford Park ", to accommodate a proposed remodel of their residence in accordance with a requirement of an Administrative Use Permit (A 70 -88) approved on September 29, 1989, and WHEREAS, a creek maintenance easement has been submitted by Robert E. and Lillian E. Martin to the City for San Luis Obispo Creek as conditioned by said Administrative Use Permit (A 70 -88), and WHEREAS, the requested open -space easement does not significantly affect the use and value of said City property. NOW THEREFORE BE IT RESOLVED that an open -space easement is hereby granted, and the Mayor is authorized to execute the easement document and to accept the creek easement on behalf of the City. The City Clerk is directed to cause the creek easement to be recorded and to transmit the open -space easement to the Martins. On motion of Councilwoman Pinard seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Pinard, Rappa, Reiss, Settle and Mayor Dunin NOES: None ABSENT: None A791 c Resolution No. 6721(1989 Series) Page Two the foregoing resolution was passed and adopted this 21st day of November 1989. ATTE % Q V �) CITY �LERK PAM VO S APPROVED: c City A inistrative Officer City Engineer / �/r� Community Development Director N /jksldr j MAYOR RON DUNIN n � ,.. " �� ^. r� t G � `- . Recording Requested by and when recorded, return to: Robert E. and Lillian.E. Martin 1680 San Luis Drive San Luis Obispo, C& 93401 DEED OF EASEMENT (Open Space) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of San Luis Obispo, a chartered municipal corporation, hereby GRANTS to Robert E. Martin and Lillian E. Martin, an open -space easement for building set -back purposes required as a condition of a conditional Use Permit (A70 -88) granted on September `29, 1989, over a portion of City property recorded on December 24, 1970 in Volume 1599 of Official Records at page 523 in the Office of the San Luis Obispo County Recorder in the City of San Luis Obispo, County of San Luis Obispo, State of California. This easement is appurtenant to Lot 1, Tract 30, recorded in Book 5 of Maps at Page 49 in the Office of the San Luis Obispo County Recorder. in said City, County and State and shall run with said lot 1, and described as follows: Beginning at the most easterly property corner of said City property, said point also being the southerly corner of the aforesaid Lot 1, Tract 30; thence, northwesterly along the northeasterly property.line of said City property a distance of 95 feet to • point; thence, southwesterly along a line perpendicular to said northeasterly line • distance of 10 feet to a point; thence, southeasterly along a line parallel to said northeasterly line to a point on the northwesterly right -of -way line of San Luis Drive; thence, northeasterly along said northwesterly line of San Luis Drive to the point of beginning. City of San is Obispo By: ayor Ron Dunin Attes Pam ges, City Cler i TO 'WHOM IT MAY CONCERN: APN 01 -15-002 This Deed of Easement is not to become valid or recorded until the easement is granted from the City for the zero line set back (on the south property line), guaranteeing a 10 foot separation between structures on Adjacent properties; without this City Easement this document would become void. Date October 27, 1.989 State of California, County of San Luis Obispo, On October 27, 1989 before me, the undersigned Notary Public, personally appeared Robert E. Martin and Lillian E. Martin, personally known to me to be the person's whose names subscribed to the within instru- ment and acknowledged that they executed the same. SIGNATURE W Robert E. Marti LTllian E. Martin ,\ r 0r RESOLUTION NO. 6720 EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO COUNCILMEMBER ALLEN IL SETTLE FOR HIS DEDICATED SERVICE TO THE CITY AND ITS CITIZENS WHEREAS, Allen K Settle has served the City as Councilmember first elected October 1977 to April 1979, and elected April 1, 1981 to December 1, 1989, serving as Vice -Mayor from December 1983 to December 1985, for a total of ten years. WHEREAS, Allen has served the City in a variety of positions during his tenure as a Councilmember including member of the SLO Area Coordinating Council from 1977 to 1979; member of the City s Housing Task Force; Planning Commissioner from 1974 to 1977 and 1979 to 1980; and as Council subcommittee . liaison to many city boards, committees, and commissions, and WHEREAS, Allen has been active in the community in a variety of other organizations and committees including. 1) Member of Obispo Beautiful Association 2) Old Town Homeowner's Association; 3) Member of Chamber of Commerce; 4) Member of the City/County Rural Land Use Task Force; 5) Member of the Parent Teachers Association; and, 6) President and Vice- President of the League of California Cities Channel Counties Division from 1982 to 1984. WHEREAS, Allen has given his time, effort and ability to address the concerns of the citizens of San Luis Obispo, and made particular contributions of long term benefit to the City government. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, that the City hereby expresses its grateful appreciation to Councilman Allen K Settle for his many years of dedicated service to the residents of San Luis Obispo. On motion of Councilmember Pinard, seconded by Councilmember Rappa, and on the following roll call vote. AYES. Councilmembers Pinard, NOES. None ABSENT.- None Rappa, Reiss, Roalman and Mayor Ron Dunin The foregoing Resolution was passed and adopted this 1st day of December, 1989 ATTEST.• CITY CLERK PAMELA VOGES MAYOR RON DUNIN RESOLUTION NO. 6719 (1989 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE AMERICAN HERITAGE TRUST ACT OF 1,989 (H.R. 876), WHICH WOULD PROVIDE $1.13ILLION A YEAR.TO BUY LAND FOR PARKS, WILDLIFE PRESERVES, AND HISTORIC SITES I I WHEREAS, the Congress is considering two bills Which would create a new and better way to fund the Land and Water Conservation. Fund (LWCF) and the Historic Preservation Fund (HPFI); and WHEREAS, the new bills will create permanent Trust accounts for LWCF and HPF with principals that cannot be used'for other purposes and will require the Secretary of the Treasury to invest all authorized but unappropriated public debt securities; and WHEREAS, the annual appropriations (grants.andimatching funds) would be distributed among federal, state and local agencies and non - profit groups; and WHEREAS, the City of San Luis Obispo has provided for the enjoyment and protection of land for all our citizens; and WHEREAS, it has been the philosophy of the City of San Luis Obispo to provide and assured and consistent source.of funding for land protection and recreation; and WHEREAS, it is.in the interest of the Community and our American heritage to preserve and protect open space in and around the City of San Luis Obispo. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Supports the American Heritage Trust Act of 1989; and 2. Finds that support of the federal legislation is consistent with the City's philosophy to provide funding for land protection and recreation. 3. Finds that support of the federal legislation is in the interest of the Community and our American heritage, to preserve and protect open space in and around the City of - —San Luis Obispo. 6719 C:1 Resolution No. 6719 (1989 Series) Page Two On the motion of Councilman Settle , seconded by Councilwoman RaADH 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 21s1; day of November 1989.: 40 L AYOR RON DUNIN ATTEST:. -CITY LERK PAMELA �Ot.ES APPROVED: City dministative Officer hn- At o =n p ' Community Development Director �,w���� ,� ,. >. ��' , �, ,. ii RESOLUTION NO. 6718 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT ZETWEEN THE CITY AND DKS ASSOCIATES FOR THE COMPLETION OF PHASE II OF CIRCULATION STUDIES AND DIRECTING THE FINANCE DIRECTOR TO ENCUMBER FUNDS WHEREAS, City and DKS Associates entered into a services agreement on January 5, 1988 (Resolution Number 6379) for DKS Associates to conduct circulation and environmental studies and prepare revisions to the City's General Plan Circulation Element; and WHEREAS, DKS Associates has completed Phase I of circulation studies and described in consultant services agreement; and WHEREAS, City and DKS Associates, in the course of the Phase I work, determined it appropriate to develop a new services agreement; scope of work and compensation schedule for Phase II of the circulation studies. WHEREAS, City and Consultant have agreed upon a revised scope of work and compensation schedule for undertaking Phase II of the circulation studies and have prepared a new consultant services agreement for execution by City and Consultant. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The mew consultant services agreement, attached herein as Exhibit "A- and incorporated by reference, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The Director- of Finance is directed to encumber the amount required for the Scope of Services ($169,140) under account number 001 - 4036- 008 -086. SECTION 3. The City Clerk shall furnish a copy of this 6718 i 7ti r r Page 2 -- Resolution No. 6718 (1989 Series) resolut -ion and a copy of the approved consultant services agreement to the City Director of Finance, Director of Community Development and DKS Associates. Councilwoman Rappa On motion of - - - - -- _ , seconded by Reiss and on the following roll call vote: Councilman AYES: Councilmembers Reiss, Rappa, Pinard, Settle and Mayor Dunin NOES: None ABSENT.: None the foregoing Resolution was passed and adopted this 14thday of November, 1989 — Mayor Ron Dunin ATTEST: -' Pam Vog City Cler APPROVED: John Dunn ,� City Administrative Officer tt r William Statler, Finance Director Randy Rossi, Interim Community Development Director 6 `b 1 ' r r `b CONSULTANT SERVICES AGREEMENT This agreement, made this 15th day ofNove_mber,1989 by and between the City of San Luis Obispo, California (hereinafter referred to as "City "), and DKS Associates, a California corporation of Oakland, California, (hereinafter referred to as "Consultant "). WITNESSETH WHEREAS, under previous services agreement dated January 5, 1988, City retained Consultant to analyze traffic circulation and transportation problems within San Luis Obispo as Phase I of a comprehensive transportation study; and WHEREAS, Consultant has completed the Phase I work and has published a report presenting Consultant's findings and preliminary recommendations; and WHEREAS, City desires that Consultant proceed with Phase II of the comprehensive transportation studies and Consultant and City have mutually negotiated a scope of work for work for Phase II of the study; and WHEREAS, this agreement supersedes all previous agreements made between City and Consultant (reference Consultant Services Agreement and Amendment to Consultant Services Agreement, dated January 5, 1988). NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree to as follows: i. 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 C� Page 2 is hereby 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. Michael Kennedy is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require .A substitute Project Manager for any reason, the Project. Manager designee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is further described in Exhibit ''D" attached hereto and incorporated herein by this reference. Substitutions for the individuals identified and the positions held as described in Exhibit "D" 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" -- Scope of Work, attached hereto and incorporated herein by this reference. b. Laws to be Observed. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement. (2) In accordance with the standard of care recognized by Page 3 , 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 employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement. (3) 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 Project Manager.. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, the City shall compensate Consultant for the costs of duplicating such copies at Consultant's direct expense. e. Oualifications of Consultant. Consultant represents that it C C Page 4 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" -- Scope of Work, attached hereto and incorporated by this reference - as being the responsibility of City. 4. Compensation The Consultant. will perform the work tasks as described in Exhibit "A" -- Scope of Work. Consultant shall bill City monthly for labor and direct expenses based upon approved percent completion of work tasks as described in Exhibit "A" and listed on Exhibit "C" -- Compensation Schedule. City will pay such bills within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit "C" without prior approval of the City's Project Manager. Direct costs (computer processing, travel, and miscellaneous expenses) shall not exceed the total amounts shown on Exhibit "C" -- Compensation Schedule: All invoices to City shall identify these direct expenses separate from labor costs for the completion of each task. 5. Time for Completion of Work Program scheduling shall follow that shown on Exhibit "B" 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 Page 5 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 /she 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. 7. suspension,- Termination a. Right to-suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of 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 the arbitrator's decision shall.be binding upon the parties. b. Return of Materials: Upon such termination, Consultant shall turnover to the City immediately any and all copies of studies, sketches drawings, computations, and other data; whether oar not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or (� 1 Page 6 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. e. 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 agreement 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 Judgement Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are Page 7 7J Y 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. Notes All notices hereunder shall be given in .writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: Community Development Department City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100. To Consultant: DKS Associates 1956 Webster Street, Suite 300 Oakland, CA 94612 12. 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. 13. Indemnity Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: Page 8 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; 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. e. 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 Page 9 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. 14. 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. 15. 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 $1,000,000 combined single limits per occurrence, and professional liability insurance in the amount of $1,000,000 per claim and annual aggregate. 16. Agreement Binding The terms, covenants, and conditions of this agreement apply Page 10 to, and shall bind, the heirs, successors, executors, administrators, Assigns, and subcontractors of both parties.. 17: 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. 18. Costs and.Attorneg!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. 19. Discrimination No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry; religion or sex of. such person: 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 Page 11 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. 20. 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. Page 12 CONSULTANT Michael A. Kennedy DKS Associates CITY OF SAN LUIS OBISPO L or Ron Dunin ATTEST: LbvAel .City Vlerk Pam V v es J (� co�, EXHIBIT A Scope of Work Phase II Transportation Studies City of San Luis Obispo, California 1. INTRODUCTION 1.1 Preface This scope of work describes transportation studies to be undertaken by DKS .Associates (Consultant), a transportation engineering firm from Oakland, California in cooperation with the City of San Luis Obispo (City). The work to be undertaken and completed is described in the following four sections. Exhibit "B" presents the production schedule for completing the work. Exhibit "C' presents a compensation schedule for all work described herein. 1.2 Objective of This Analysis Through consultation and advice, Consultant will assist City with the preparation of a draft General Plan Circulation Element. Consultant will also analyze and prepare specific transportation programs for adoption and implementation by City. The purpose of these programs is to foster the community's use of alternative forms of transportation and to better manage automobile traffic levels. 13 Structure of This Scope of Work This scope of work encompasses four areas: General_ Consultant -Assistance. Consultant will provide advise to City on the preparation of a draft. Circulation Element. Trip Reduction Ordinance (IRO) and Administrative Guidelines. Consultant, with inputs from city staff, will prepare and submit for City Council adoption a draft trip reduction ordinance and administrative guidelines.. The purpose of this effort is to establish a program to reduce automobile trips associated with employment in the San Luis Obispo area. Neighborhood Traffic Management Studies. Consultant will identify impacted neighborhoods and prepare plans to manage traffic flow and speed in those areas where through traffic is, or is likely to be using local streets . and is reducing neighborhood quality. Street Network Analysis and Land Use Modeling: Consultant will evaluate, prepare and submit a listing of major street projects for inclusion into the draft Circulation Element . being prepared by City: Consultant will also evaluate land use alternatives (data provided by City) to determine their relative traffic impacts. 1.4 Coordination With Related 'Transportation Studies Transportation studies related to this scope of work but not included herein are listed below: Transit Management Plan. City staff will work with the Mass Transit Committee to develop a work program for preparing a Mass Transit Plan (MTP). One element of this plan will be the evaluation of alternate levels of transit service in San Luis Obispo and their impact on program costs, transit ridership, air quality and automobile trip reduction. Pedestrian Trails Planning. City is preparing a plan for pedestrian pathways throughout San Luis Obispo as part of an effort to update its Opens Space Element. Bicycle Facilities Implementation. City is preparing specific recommendations for implementing the Bicycle .Facility Plan (1985) and will evaluate revisions to this plan. As part of this effort, a consultant may be hired to evaluate the feasibility of creating separated bike paths for both recreation and commuter riding. (_�� 0 To the extent possible, the results of these related transportation studies will be coordinated with 'the City's efforts to prepare a draft Circulation Element. Consultant shall keep themselves informed of the progress of these transportation studies when completing various elements of this work scope. 2. GENERAL CONSULTANT ASSISTANCE 2.1 Purpose Consultant will provide advice, ideas and identify pertinent information that will assist City in the preparation of a draft Circulation Element. 2.2 Transportation Technical Advisory Committee: (TAC) Formation City will establish a technical advisory committee to identify transportation concerns and alternative solutions, to review and comment on Consultant and staff work products, and to provide advice and :insight to the Community Development Department in the preparation of the draft Circulation Element. Each of the following City Departments shall appoint one member to the TTAC: Community Development (project manager) Public Works _Administration (transit management) Fire Police City project manager will be responsible for scheduling all TTAC meetings and distributing all materials to meeting participants. Consultant will be a member of the TTAC and shall attend committee meetings on an as- needed basis as determined by City project manager. City project manager will provide at least 10 days advance notice to Consultant of all TTAC meetings where their attendance is required. City may request that other agencies and parties participate in TTAC meetings on an as- needed basis. Candidate agencies include the County Air Pollution Control District, the Regional Transportation Agency, and Caltrans. 2.3 General. Availability of Consultant Consultant shall be available to: Attend TTAC meetings to discuss transportation issues related to the completion of specific transportation implementation_ programs (see sections 3,4, and 5 of this Scope of Work); Attend TTAC meetings to discuss the preparation of a draft Circulation Element and participate in the problem solving process. Attend additional City Council /Planning Commission meeting_ s not stipulated elsewhere in this scope of work.. Discuss with City project manager any element associated with the preparation of the draft Circulation Element or associated implementation studies and programs. City staff communications with Consultant shall be primarily through the City's project manager or at TTAC meetings. City's project manager shall be informed or given copies . of any additional direct communications with other city staff. Attendance at eight TTAC has been included in the study budget. Compensation for additional meetings requested by the City's project manager shall be on a, time and materials basis as indicated in Exhibit "C. 2.4 Topical Areas of Consultation In addition to advice and information provided by Consultant consistent with sections 3, 4 and 5 of this Scope of Work, areas where City seeks specific advice and consultation with Consultant include the following: Community modal split goals and objectives Trip Reduction impacts of alternative forms Transportation Systems 'Management (TSM) Functional classification of street networks Corridor design standards Community and area level of service (LOS) standards Traffic Impact Fee programs Center city and neighborhood parking management strategies Transportation programs successfully employed by other comparable jurisdictions Funding mechanisms Program phasing and priorities Trip volumes as a function of alternative general plan land use policies. This consultation will draw upon the consultant's collective background and experience rather than entailing any new technical analysis beyond those called for in Section 3, 4 and 5 of this Scope of Work. 2.5 Work -Schedule _ and Compensation Consultant will be available to provide general consultation services from the date of execution of this Consultant Services Agreement (dated November 14, 1989) until City staff has published a draft Circulation Element, but not later than September 1, 1990. Compensation shall be provided consistent with attached Exhibit "C" and with provisions of Consultant Services Agreement. 1 � 3. TRIP REDUCTION ORDINANCE (TRO) AND ADMINISTRATIVE GUIDELINES 3.1 Objective of This Analysis and Required Results City wants to establish a program that will reduce the number of automobile trips associated with employees in the city, and which can be a model for other county areas to follow. Consultant will prepare a draft Trip Reduction Ordinance (TRO), prepare administrative guidelines, and present them to the City Council for review and adoption. The ordinance and guidelines will be. prepared in such detail as to enable City, upon their adoption, to immediately initiate a trip reduction program. Legal analysis of the TRO provisions is not included in this Scope of Work. For purposes of TRO preparation, consultant will work with a TRO Task Force formed as a subcommittee of the TAC, augmented with one or more business /employer representatives and other key agencies or city departments most directly affected by the TRO. 3.2 Evaluate Candidate_ Program Elements Consultant will identify and evaluate potential TRO program elements for consideration by the City. This task will consist of the following activities: A. Data_Collection. Consultant will evaluate information about area employers to determine the application and effectiveness of alternative trip reduction programs. City will provide Consultant with employment information for city employers and current city transit ridership statistics. Consultant . will contact appropriate county and state agencies to secure data Gemeywte 4re(Jel Pttiern1. concerning regional transit ridership, ridesharing, and :J B. Case Studies. Consultant will assemble and review information on selected other transportation system management programs that have been successfully implemented elsewhere, including measures of success, implementation procedures and costs,'and the like. C. Surveys. Consultant will review results of the City's transportation survey, if available in time, and determine whether additional employer /employee surveys are necessary for purposes of preparing the TRO. If surveys are required, consultant will prepare draft questionnaire and City will be responsible for final printing, distribution and tabulations.. D. Analysis. Consultant will evaluate the potential costs and effectiveness of various alternative programs based on the preceding sources of information, and from this will recommend program elements /measures for inclusion in the TRO. E. Interim Working Paper. Consultant will document the evaluation of alternative programs in a working paper. Consultant will present this working paper to the TRO task force or TAC and, following review by this group, present the working paper as well as TAC feedback to the City Council. A revised working paper will not be prepared; instead, City Council comments and directions will be directly incorporated into subsequent TRO preparation. 3.3 Prepare Draft Trip Reduction Ordinance. Consultant will prepare a draft Trip Reduction Ordinance for city-wide application consistent with City Council direction given in Task 3.2. Consultant will evaluate and consider the following elements for inclusion in the draft ordinance: A. Trip Reduction Objectives .and Phasing. The percentage decrease in single occupant vehicle trips associated with employment and /or the desired ridership levels per vehicle for work trips. A schedule for meeting TRO objectives by affected employers (eg. yearly performance levels over a 4 -5 year period). B. Application. The size, type; and location of area employers to be affected by the TRO k C including individual commercial employers, commercial complexes, and government agencies including. schools. C. Employer Performance Standards. A "tiered" performance program that requires specific employer actions based on size (number of employees). D. Elements of -Employer _Performance, Consultant will evaluate at least the following for inclusion in the draft TRO: • Distribution of TDM Information • Designation of Employer TDM Coordinator • Preferential Parking • Showers for Bikers and Walkers • Employee Parking Fees • Park and Ride Programs • Linkages to City/Regional Transit • Ridesharing • Secured Bicycle Parking • Off -Site Bike Paths • Alternative Work Hours E. Employer Reporting Requirements. Employer submission of Transportation Demand Management. (TDM) Plans, annual reports including an annual employee transportation survey. 3.4 Prepare Draft Trip Reduction Program Administrative Guidelines Consultant will prepare draft. program administrative guidelines that address and present the following: A. Implementation Responsibilities. Responsibility for administering and enforcing the TRO to include employer responsibilities, City responsibilities, other agency responsibilities (eg. the County Ridesharing Coordinator, the County Air Pollution Control District). Unresolved issues among agencies or departments regarding implementation responsibilities will be identified- for City Council /Administration resolution. City administration responsibilities should be identified by department and division. The need for new staff positions (eg. TRO Coordinator) and oversight committee should be specifically evaluated. The relationship of the city's program to the County's ridesharing program and to the County Air Pollution Control District's TRO efforts should be specifically addressed. B. Budget Requirements. Estimated recurring annual budget to cover the City's costs of ongoing program administration to include the cost of personnel, materials and equipment. C. Program Priorities and Phasing. Priorities for immediate, mid - range and long =range City actions in implementing TRO and implementation procedures. D. Sample Plan and Survey Formats. Sample formats for TDM Plans, annual reports and employee transportation surveys to be prepared by area employers. E. Enforcement Provisions. A recommended method for enforcing provisions of the TRO ordinance including the identification of enforcement responsibilities, timing, and potential penalties. 3.5 Summary Report and Public Hearing To accompany the administrative draft TRO and Administrative Guidelines, Consultant shall prepare a report that summarizes city and consultant findings, consideration of alternatives and fiscal analysis. Consultant shall present these materials to the TAC task force for. review and comment. City will distribute the materials to affected county and state agencies for review and comment. AFter the TAC has completed its review and comment, Consultant will prepare a hearing draft of the TRO and guidelines for City Council Consideration. Consultant will present the recommended TRO and Administrative Guidelines to the City Council at one or more public hearings. Attendance at one public hearing is included in the study 'budget; additional public hearings would be attended on a time and materials basis. Consultant shall revise the hearing draft materials to respond to a single set of non -non- contradictory comments submitted to the City Consultant shall also be available to help resolve any remaining issues regarding the TRO Administrative Guidelines, if requested by the City's project manager. These continuing services, if required, would be provided on a time and materials basis and are not included in the study budget. 3.6 Reproduction and Distribution of Materials Consultant shall submit all materials (reports, memorandum, maps, drawings etc.) to the City's project manager in "camera ready" form. City will be responsible for the duplication and distribution of all materials. 3.7 Work Schedule and Compensation Consultant shall complete all work in a timely manner consistent with attached Exhibit "B" and shall be compensated for work consistent with attached Exhibit "C' and provisions of the Consultant Services Agreement (Contract). 4. NEIGHBORHOOD TRAFFIC MANAGEMENT STUDIES 4.1 Objectives of This Analysis and Desired Results City wants to take actions that limit the use of local streets within residential areas by through traffic. In order to establish Neighborhood Traffic Management Plans, Consultant will first identify residential areas were through traffic is, or is likely to be using local streets. Upon authorization from City, Consultant will, prepare physical improvement plans and suggest non - capital strategies for managing traffic in impacted residential areas to reduce the volume and speed of through traffic. The neighborhood plans and management techniques shall be presented in such detail as to allow the city to prepare final plans and specifications and implement plan proposals. 4.2 Identification of Impacted Residential Neighborhoods Consultant will survey traffic patterns within San Luis Obispo and_ identify residential areas where existing or projected traffic volumes exceed desirable levels -for local street traffic volumes because of their use by through traffic (traffic originating from outside the area). As part of this analysis, Consultant shall review and recommend guidelines for identifying "excessive" traffic levels for local and collector streets. Consultant shall define the limit of the residential areas that are impacted by excessive through traffic. Consultant shall use traffic count information produced as part of Phase I of City's Circulation Study. Upon request by Consultant and approval of City, City will conduct additional traffic counts and /or license plate survey(s) within targeted areas in .order to verify traffic loading on neighborhood streets. If license plate surveys are done by City, Consultant shall tabulate the results. r r. r Consultant shall prepare and submit a report that (1) identifies residential areas within San Luis Obispo where neighborhood traffic management to control through traffic is desired, and (2) includes guidelines for identifying local and collector streets with "excessive" traffic levels. Consultant shall present this report to the TTAC for review and input. Consultant shall present the report to the City Council, at one public meeting. The study budget provides for analysis of four general neighborhood areas (each of which may include consideration of one or more individual streets). Should additional or fewer neighborhood areas be identified for analysis, the level of effort, scope and budget will b � be reviewed and, if necessary, modified mutually the City and Consultant prior to 11 proceeding with conceptual plan development (Task 4.3). 4.3 Preparation and Review of Neighborhood Conceptual Plans Upon receiving authorization from the. City Council to proceed, consultant shall undertake and complete the following: A. Concept Plan Preparation. Consultant shall prepare and evaluate concept plans for managing traffic within each of the impacted residential areas identified by Task 4.2. Concept plans may be prepared in 8 1/2 x 11 format. Consultant shall consider and screen for applicability at least the following for inclusion in these concept plans: • Intersection Channelization • Diverters • Stop Signs • Turn Prohibitions • Road Bumps • Choker /Bulb Outs. • Woornerf Streets • Medians • Street Closures r • Speed Limit Signs • One Way Streets • Rumble Strips • Traffic Circles • Parking Controls Upon request by Consultant, City will provide street dimension information within target improvement areas. B. Concept-Plan Evaluation.. Consultant shall evaluate concept plans (individually and cumulatively) for their impact on: • City-wide traffic circulation • Bicycle circulation • Transit routes and Circulation • Neighborhood circulation patterns • Emergency services including emergency medical services, fire service, and police response. The impact analysis on city-wide circulation shall utilize the computer model developed as part of Phase I of the circulation studies. City Fire and Police Departments will assist Consultant in determining the impact of traffic management proposals on emergency service response times. Upon request of Consultant, City will undertake field studies to determine response time impacts. Where emergency service response will be reduced below adopted city standards, Consultant will consider alternative concept designs that will eliminate impacts. C. Neighborhood Review of Concept Plans.. Upon completion of concept plans for target neighborhoods, consultant shall present plans to City 'ITAC for review and comments. Subsequent to TTAC review, City project manager will schedule meetings within target neighborhoods to review management concepts with residents. City will be responsible for scheduling neighborhood meetings and making all meeting (� iJ arrangements. Consultant shall be responsible for preparing presentation materials and presenting concept plans at one meeting per neighborhood. Any additional neighborhood meetings requiring consultant attendance will be compensated for on a time and materials basis as defined on Exhibit "C." D. Concept Plan Refinement and Summary Report Based on feedback received from the TTAC and neighborhoods, Consultant. will refine concept plans and shall prepare a report that presents the plans (in 8 1/2 x 11 format), summarizes Consultant's findings regarding the need for plan improvements, alternatives considered, neighborhood response to proposals, estimated implementation costs, and recommended implementation priorities and phasing. E. Commission /Council Review and Authorization to Proceed. Consultant shall present summary report and concept plans to the Planning Commission and City Council at one public hearing per body. Attendance at one hearing per body is included in the study budget; additional hearings shall be compensated for on a time and materials basis as defined on Exhibit "C." 4.4 Preparation of Schematic Neighborhood Plans Upon receiving City Council authorization to proceed. Consultant shall undertake any plan refinements suggested by the City Council and shall prepare and submit to City project manager schematic plans for all proposed physical improvements within each target neighborhood. Consultant shall submit a map showing the location of all proposed improvements within the neighborhood. Consultant will prepare schematic drawings of proposed improvements at a scale no smaller than I" = 20'. Dimensioned improvement drawings shall be grouped by neighborhood area on 24" x 36" sheets and shall identify: r J • Materials used in improvements • Landscape areas • Identification of drainage improvements • Location of signing • Impacted utilities • Impact on parking Schematic drawings will be prepared in sufficient detail as to demonstrate the physical feasibility of constructing /installing improvements and to allow city to prepare detailed improvement drawings and construction specifications. The City project manager, in consultation with the City Engineer, may waive the requirement to prepare schematic plans for certain improvements (such as signs) when. plans are not needed to fully implement the proposal. The budget for this task assumes preparation of eight 24 "x36" plan sheets (an average of two sheets per neighborhood area). Should additional or fewer plan sheets be needed, this will be identified in Task 4.3, and the level of effort; scope and budget will be reviewed and, if necessary, modified mutually by the City and the Consultant prior to proceeding with. schematic drawings. 4.5 Work Schedule_ and --Compensation Consultant shall complete all work in a timely manner consistent with attached Exhibit "B" and shall be compensated for work consistent with attached Exhibit "C" and provisions of the Consultant Services Agreement. 5. STREET NETWORK ANALYSIS AND LAND USE MODELING 5.1 Objective of This Analysis and Required Results City wants to consider changes to the network of local and regional streets and highways and proposed land uses to maintain adequate traffic flow, now and in the future. Consultant and City will identify potential street projects, evaluate their impact on level of service and circulation patterns using the computer model, consider their potential environmental and neighborhood impacts, and establish a recommended project listing for inclusion in the draft Circulation Element and future City Capital Improvement Programs. City also wants to test the traffic impacts of various land use and growth alternatives using the computer model. The purpose of this testing is to help guide City in the development and environmental evaluation of the discussion draft Land Use Element. Consultant will assist City with this land use modeling process and correlate the results of this analysis with the need for "street network changes. 5.2 Identification and Screening of Network Options Consultant will identify candidate roadway improvement options and present them to City TI'AC for review and comment. These options will include alternative street network arrangements to serve the Central Business District.. In cooperation with TTAC, Consultant will screen roadway improvement options based on their potential for relieving existing or projected traffic capacity deficiencies, their relative costs, their potential community impacts, and previous studies or actions taken. Consultant may use a "weighted matrix' analytical technique to help summarize findings and conclusions concerning impacts and benefits. Consultant will prepare and submit a memorandum that lists the options considered and identifies candidate network changes that are subject to further. analysis. 5.3 Analysis of Land Use and Growth Management Alternatives The purpose of this analysis is to determine how alternative land use and growth management strategies might affect the volume and distribution of future automobile traffic. City will define various land use and city/regional growth scenarios to be tested through application of the computer model. City will provide all land use data and city/regional growth assumptions needed as input into the computer model. Consultant will be responsible for running the model and analyzing and interpreting its output. Consultant will prepare and submit a report that defines .the circulation impacts of various land use /growth alternatives and describes the relative differences (if any) between traffic impacts associated with community build out . as envisioned by the "discussion draft" Land Use Element (July 1989) and other alternative strategies. Consultant will present report to the City Council as information during its hearings to consider the "discussion draft" of the Land Use Element. 5.4 *Initial Environmental Circulation and Community Impacts Consultant will review and package into system alternatives (up to three) each of the candidate street projects for further analysis in Task 5.2 For each alternative, an environmental screening will be carried out to summarize their impact on land use, neighborhood quality, community and neighborhood circulation patterns and level of service on arterial .street corridors. The purpose of this initial environmental screening is to identify projects that may have significant environmental effects or community impacts that would cause the project to be infeasible (fatal flaw analysis). Consultant will prepare and submit a working paper that identifies candidate street projects needed to serve the community as envisioned by the draft Land Use Element initiated by the City Council. The working paper will summarize the results of the environmental screening and will make recommendations for including projects within the draft Circulation Element. The working paper will include maps and conceptual drawings which identify the location of major street network changes and present street design provisions (travel lanes, turn lanes, medians, bike lanes, sidewalks, utility easements etc.) and associated pavement widths and right -of -way requirements. City will provide Consultant with information concerning the dimensions and design of 'affected existing street corridors. The intent of these drawings is to clearly portray the nature. and extend of the project and to help identify its impacts on the corridor. City project manager will distribute copies of the working paper to the `ITAC, Planning Commission and City Council and schedule a study sessions for commission and council review of report. Consultant will present findings and conclusions of the working paper to the Planning Commission and City Council and will attend one commission and one council meeting to discuss recommendations. Additional meetings, if requested, will be compensated for on a time and materials basis as indicated in Exhibit "C." In the completion of Tasks 53 and 5.4, Consultant shall use the computer model developed as part of Phase I of the circulation studies. Compensation for Tasks 5.3 and 5.4 shall cover the running the computer model for .six iterations as selected by City with advice from Consultant (e.g., three network alternatives, three land use alternatives). City may request and Consultant shall provide additional computer runs, compensation for which shall be as stipulated on attached Exhibit "C.''" 5.5 Transportation System Management (TSM) Concepts Consultant will identify traffic operational strategies (eg. curb parking removal, turn restrictions, signal phasing) that City can employ to better management current and future traffic levels along arterial street corridors. Target areas for the application of TSM strategies will be described. Consultant shall prepare and submit a memorandum that identifies TSM strategies appropriate to San Luis Obispo and identifies candidate areas for their application. 5.6 Installation and Training of Computer Model Consultant will install the computer model on an IBM - compatible PC computer at the City's offices and provide five days of training for city staff in the use of the City Traffic Model. In addition to the MINUTP users manual and the overall model description, documentation will be provided that is tailored to operating procedures for the San Luis Obispo model for use by City staff, and up to 16 hours of telephone assistance will be provided. An initial two -day of training will be devoted to an overview of transportation forecasting models in general and the City's model in particular, using an initial exercise in producing and interpreting forecasts from the model. The remaining training will be given in three one -day sessions, phased in such a way as to meet city staff schedule requirements and to . allow city staff time to absorb the materials each session before i going on to the next step. At the conclusion of the process, city staff should have a complete working understanding of the entire process. 5.7 Reproduction and Distribution of Materials Consultant shall submit all materials (reports, memorandum, maps, drawings etc.) to the City's project manager in "camera ready" form. City will be responsible for the duplication and distribution of all materials. 5.8 Work Schedule and Compensation Consultant shall complete all work in a timely manner consistent with attached Exhibit "B" and shall be compensated for work consistent with attached Exhibit "C and provisions of the Consultant Services Agreement. O V U .a .. O Z ,� O U � �. �� ri' vFj i � J E eo u s EXHIBIT C COMPENSATION SCHEDULE PHASE IL TRANSPORTATION STUDIES -- CITY OF SAN LUIS OBISPO Notes: 1. Additional meetings requested by City to be compensated on a time and materials basis using the attached billing schedule. 2. Compensation to be provided monthly based upon city- approved percen completion by task and written progress reports /invoices submitted by Consultant. Maximum Work Area /Tasks Compensation 2. General Consultant Assistance $14,640 2.3 TTAC Meetings (8) $9,200 2.4 Consultation $5,440 3. Draft Trip Reduction Ordinance $30,220 3.2 Evaluate Program Elements $14,300 3.3 Prepare Draft TRO $4,600 3.4 Prepare Draft Guidelines $4,220 3.5 Summary Report /Hearing /review $71100 4. Neighborhood Traffic Studies $53,600 4.2 Ident. Neighborhoods /Collect Data $9,000 4.3 Prepare /Review Concept Plans $33,700 4.4 Prepare Schematic Plans $10,900 5. Street Network Analysis $48,020 5:2 Screening of Options $6,560 5.3 Alternative Land Uses $4,660 5.4 Initial Project Assessment $270640 565 TSM Concepts $3,200 5.6 Model Installation /Training, $5,960 6. Other Direct Expenses $22,660 6.1 Environmental Consultant $5,500 6.2 Software License (MINUTP) $3,300 6.3 Computer Processing $8,030 6.4 Travel $3,300 6.5 Meals /Lodging $1,430 6.6 Copies /Telephone /Del. $1,100 ------------------------------------------ TOTAL ---------- $169,140 Notes: 1. Additional meetings requested by City to be compensated on a time and materials basis using the attached billing schedule. 2. Compensation to be provided monthly based upon city- approved percen completion by task and written progress reports /invoices submitted by Consultant. U � 2 \ $) J/ kk � 2 q b � 2 'O \�q 7 m /En i < � � 2 f �- �_ § / } AE 22 » g {ice it » 7 I■,. � k$9 o° cQ u \ zim / 2 ■f _ � jk g � § ■ :- � � - � a u. Q 7 d E 3 J k k �k ¥ 4 r. A—. DKS Associates Fee Schedule Effective. Jute 1, 1989 through June 1, 1990 ENGINEERS and PLANNERS TECNMCIANS and SUPPORT STAFF Project expenses will be billed at cosy plus ten percent for service and handling. Project expenses include projectr related costs such as transportation, subsistence. reproduction, postage, telephone, computer charges and subcontractor services. All invoices are due and payable within 30 days of date of invoice. Invoices outstanding over 30 days will be assessed a 2% percent service charge, not to exceed the maximum allowable by law, for each 30 days outstanding beyond the initial payment period. Service charges are not included in any agreement for maximum charges. witness charges are available on request. A0124003 -reez/A Hourly Rate Hourly Rate Grade 1 $ 40.00 Tech Level A $ 20.00 Grade 2 45.00 ............................... Tech Level ......................... ........................:25.00. ...................................................................... Grade 3 50.00 Tech Level C 30.00 Grade 4 55.00 ............................... Tech Level D...._ ............... .......................... . .. .._....................... 35.00 .................................................................. Grade 5 60.00 Tech Level E 40.00 Grade 6 65.00 Tech Level..F ....................... .......................... . ........................45.00 Grade 7 70.00 Tech Level G 50.00 Grade 8 75.00 Tech Level H........ .__. ......... ............................. ... I ...... ........ _.55.00 .. Grade 9 80.00 Tech Level I 60.00 Grade 10 Tech Level ................................................................... 65.00 ............................... ............................. ............................... Grade 11 ..........................90.00 Tech Level K 70.00 Grade 12 ............................................ ............. .. ...... 95.00 ..................,............ Grade 13 100.00 Grade 14 ............ ........................1- ...... ............105.00 Grade 15 110.00 Grade..... ........... .................... .........................115.00 Grade 17 120.00 Grade l8 ..19 .. ............................... .......1� -00 Grade 130.00 Project expenses will be billed at cosy plus ten percent for service and handling. Project expenses include projectr related costs such as transportation, subsistence. reproduction, postage, telephone, computer charges and subcontractor services. All invoices are due and payable within 30 days of date of invoice. Invoices outstanding over 30 days will be assessed a 2% percent service charge, not to exceed the maximum allowable by law, for each 30 days outstanding beyond the initial payment period. Service charges are not included in any agreement for maximum charges. witness charges are available on request. A0124003 -reez/A RESOLUTION NO. 6 717 (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO APPROVE USE PERMIT A 110 -89, ALLOWING OUTDOOR SALES OF HOT DOGS AT 680 HIGUERA STREET WHEREAS, the Administrative Hearing Officer conducted a public . hearing on Use Permit Application No. A- 110 -89, on August 18, 1989, and denied the application; and WHEREAS, the decision of the Hearing Officer was appealed to the Planning Commission, which conducted a public hearing on October 11, 1989, and determined to approve -the application; and WHEREAS, McLintock's Restaurant (Apellant) has appealed that decision to the City Council; and WHEREAS, the council has considered the testimony and statements of the applicant, appellant, and other interested parties, and the records of the Administrative and Planning Commission hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the council determines that the action of the Planning Commission was appropriate; NOW, THEREFORE, the council resolves to deny the appeal and affirm the action of the Planning Commission, thereby approving Use Permit Application A110 -89 subject to the following findings and conditions adopted by the Planning Commission Resolution No. 4099 - .1989: Section j. 1. Findings: 1. The proposed temporary use will not adversely affect the health, safety, and welfare of persons living or working in the vicinity. 2. The proposed temporary use is consistent with.commission policy regarding such uses in the downtown area. 6717 Resolution No. 6 717 (1989 Series) A 110 -89, 680 Higuera Street Page 2 Section 2..Conditions: 1. A review of the use permit shall be conducted in May 1990 at an Administrative Hearing. At that review, conditions may be modified or added, or the use permit may be revoked based on circumstances at the time and any community concerns with the use. 2. Use permit approval is :for the sale of hot dogs and related food and non- alcoholic drink items only. No other items shall be sold in conjunction with the same use. 3. Outdoor sales shall be limited to the hours_ of 10 a.m. to 8 p.m. Thursday through Sunday. 4. No sales shall take place in the public right -of -way and no equipment, merchandise, or signs shall be located within the public right -of -way. 5. No signage, other than the cart itself, shall be allowed. 6. All equipment, merchandise, and signs shall be removed from the site at the close of each business day. 7. A copy of the approved use permit and business license shall be posted . on -site in a conspicuous location at all times when the use is in operation. 8. No permanent structures shall be installed with the use. 9. The applicant shall comply with all the requirements of the County Health Department. 10. The applicant shall provide an all- weather, dust -free surface in the vicinity of the cart to the approval of the Community Development Director. 11. The cart shall be set back at least 6 feet from the back of the public sidewalk. 12. The applicant shall provide one waste receptacle on site. 13. The site shall be maintained within the hours of operation in a neat and orderly manner. All plant materials shall be maintained and replaced as needed. 14. No additional carts or other temporary uses shall be permitted on this site. J Resolution No. 6717 (1989 Series) A 110 -89, 680 Higuera Street Page 3 On motion of _ Councilman settle __ seconded by Councilwoman.Rapna , 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 14th day of November 1989. Mayor Ron Dunin APPROVED: ity A strative Officer C' Itmey Community Development Director 1'7 t e ~)r �I J O fr / f Y }• V X'' � T •'yti• i � �,u };' ��h �� �\ '� �� � � � . ;i�. r!' ♦ ?,' �� fig'. t.r.ftl\ 1 .` ;l _. 7j,�' -.1/ 1 .i' -r-Vi^ ,.�i .-i�� '•��'�,e� .�MY ,'!� •�� ^ry,.: _ Fir._.- .e •� r :I. •il 'tri•i Sam rr__ - d.:iivilL.ti'`"y.,i�1!'�iiG•�i �y ..� } %:S L,: a ; ..},.- ��r .`3 :. _��'/°'.���•�.��'•..i+�`,�'� - iliJ..'L..:G��Yi�: i N z �L w � o C" re U •o 0 LO G L 0 Q9-11 s l h� -4 z 0 t cv . cm 32.54 ��� 1 1 u I FA i l; �f I . u w.b •j( w.w..........• w.o....w.�.N�... w. v VU �> 33 N 0 i O OD v N -r oj o"- Z. Q 3� m coo M c - N z �L w � o C" re U •o 0 LO G L 0 Q9-11 s l h� -4 z 0 t cv . cm 32.54 ��� 1 1 u I FA i l; �f I . u w.b •j( w.w..........• w.o....w.�.N�... w. v VU 6 4-61121 13 RESOLUTION NO. 6716. (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION DENYING AN EXCEPTION TO THE SIGN REGULATIONS TO ALLOW EXISTING POLE SIGN (SA -4099, 1585 CALLE JOAQUIN) WHEREAS, the Architectural Review Commission on October 2, 1989, considered the application by Howard Johnson Company for an exception to the city's Sign Regulations to allow an existing pole sign and attached reader panel at 1585 Calle Joaquin and denied the request upon determining that the sign is not a neighborhood landmark or focal point since it does not contain any significant cultural, historical, architectural, or artistic merit; the sign disrupts views of prominent community landscape features and vistas; the sign is .not consistent with the goals and policies of the general plan; and the sign is out -of- character and is not compatible with other signs in the area; and WHEREAS, the applicant appealed that decision to the City Council, the council has considered the testimony and statements of the applicant, records of the Architectural Review Commission's actions, and the evaluation and recommendation of staff; and WHEREAS, the council determines that the action of the Architectural Review Commission was appropriate; NOW, THEREFORE, the council resolves to deny the appeal and affirm the : action of the Architectural Review Commission: On motion of councilman Settle _ seconded by Councilwoman Rappa . and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard and Mayor Dunin NOES: Councilman Reiss ABSENT: None 6716 Resolution No. 6716 (1989 Series) SA -4009, 1585 C_ alle Joaquin Page 2 the foregoing resolution was passed and adopted this 14thday of. November 1989. ayor Ron Dunin APPROVED: City dministrative Officer Community 'Development Director ..,. :. ": VICINTI MAP M 3944 C-I� T, I \ I r 10 slo ,. i / jP/ - -j FA �� C�� ��y� Q �� RESOLUTION NO. 6715 (1989 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION APPROVING A HOUSE ON A SENSITIVE SITE AT 1673 LA VINEDA (ARC 89 -90) WHEREAS, the Architectural Review Commission on October 2, 1989, considered the application by Mac Short and Mike Hernandez for a new house on a sensitive site at 1673 La Vineda and approved the request with conditions; and WHEREAS, that decision has been appealed to the City Council, the council has considered the testimony and statements of the applicant, the appellant, records of the Architectural Review Commission's actions, and the evaluation and recommendation of staff; and WHEREAS, the council determines that the action of the Architectural Review Commission was appropriate; NOW, THEREFORE, the council resolves to deny the appeal and affirm the action of the Architectural Review Commission. On motion of Councilwoman Rappa seconded by Mayor Dunin and on the following roll call vote: AYES: Councilwoman Rappa, Ilayor Dunin and Councilman Reiss NOES: Councilmembers Pinard and Settle ABSENT: None 6715 Resolution No. 89 -901 1673 La Page 2 .-i 6715 (1989 Series) Vineda the foregoing resolution was passed and adopted this 14th day of November 1989. ayor Ron Dunin APPROVED: City A ' 'strative Officer Aw . Community Development Director 4j ��,, � ,, �� ���� .;; ��; . ;. �:. _; -, .; -��, J RESOLUTION NO. 67.14 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONSULTANT SERVICES CONTRACT FOR G.S. DODSON AND ASSOCIATES AND AMENDING BROWN AND CALDWELL'S CONTRACT WHEREAS, the City has adopted a Wastewater Management Plan; WHEREAS, the City has completed the design of Phase Three of that Plan; WHEREAS, the City has applied for a low - interest.loan from the State Division of Loans and Grants to finance this project; WHEREAS, a value engineering analysis is required for all projects applying for State funds. NOW THEREFORE, BE IT RESOLVED that the City Council approve 1) a $27,000.00 Consultant Serivices Contract with G.S. Dodson and Associates to perform,a Value Engineering Analysis 2) amend the existing Brown and Caldwell Engineering Contract by $5,000.00 for their review and participation in the value engineering analysis and 3) approve the transfer of $32,000.00 from the Sewer Fund to cover these costs. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers.,S ettle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 14th day of November, 1989. A CITY_�CLERK, PAM 6114 JJ Resolution No. 6714 (1989 Series) Page Two APPROVED: CITY ApMINISTRATIVE OFFICER CITY UTILITIES DIRECTOR' WTH:bja resdodson.wp i }� • � �� AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF SAN LUIS OBISPO AND G. S. DODSON &.ASSOCIATES FOR VALUE ENGINEERING ANALYSIS FOR UN NT IT 3 WASTEWATER TREATMENT PLAN IMPROVEMENTS THIS AGREEMENT, made and entered into on this _.14th_ day of November 1989, by and between City of San Luis Obispo or "City ", and G S. Dodson and Associates, a California corporation, authorized to provide engineering services, "Engineer." WITNESSETH WHEREAS, City and Brown and Caldwell Engineers have previously entered into agreement on February 23, 1988, for engineering services for implementation of the Wastewater Management Plan; and WHEREAS, Brown and Caldwell Engineers have completed design specifications for Unit 3 Wastewater Treatment Plant Improvements; and WHEREAS, City has submitted_ an application to the State of California Division of Loans and Grants for low - interest loan funding in excess of $10 million for the treatment Dlant improvements; and WHEREAS, the State of California requires that a Value Engineering Analysis be performend by a qualified independent consulting engineer for project loan funding in excess of $10 million;. and WHEREAS, "Engineer,`' is available and offers to provide personnel and facilities necessary to, accomplish the Value Engineering Analysis within the required time and WHEREAS, City and Engineer have completed negotiation of price based on certified cost data submitted by Engineer. NOW, THEREFORE, City and Engineer agree as follows: I. PROJECT COORDINATION A, City The City Utilities Director shall be the representative of the City for all purposes under this agreement and_ is designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. B. Engineer Mr. Gary S. Dodson is hereby designated as Coordinator and Project Manager for Engineer. Should Mr. Dodson become unavailable, Mr. George C. Reik will assume the responsibilities of Coordinator and Project. Manager for engineer. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Coordinator and Project Manager for any reason, other than those designated above, the Coordinator and Project Manager designee shall be subject to the prior written acceptance and approval of the City's Project Manager. II. DUTIES OF ENGINEER A. Description of Project Provide a Value Engineering study for the City of San Luis Obispo Wastewater Treatment P1ant.Unit 3 Improvements, consistent with all applicable requirements of the State and Federal Governments for State Revolving Fund Loan Projects. Any changes in the Project as described will be incorporated by written Amendment executed by the City's Project Manager and Engineer. B. Scope of Engineering Services Engineer agrees to perform those services which are described in detail hereafter. Unless modified in writing by the parties hereto, duties of Engineer shall not be construed to exceed those services specifically set forth herein. 1. Detailed scope of work identifying methods, personnel, location; cost of services, manhours and a project schedule may be found in the Value Engineering Proposal submitted by G. S. Dodson and Associates on November 2, 1989 included as Exhibit A. C. Release of Reports and Information Any reports, information, data, or other material given to, or prepared or assembled by, Engineer under this agreement shall be the property of City and shall not be made available to any - individual or organization by Engineer without the prior written approval of the City's Project Manager. mwt= D. Copies of Reports.and.Information If city requests :additional copies of reports, drawings, specifications, or any other material in addition to what the Engineer is required to furnish in.limited quantities as part of t'7e servcies- -under this agreement, Engineer shall provide such additional copies as are. requested, and City shall compensate Engineer for the costs duplicating of such copies at Engineer's direct expense. E. Qualifications of Engineer Engineer represents that it is qualified to furnish the services described under this agreement. III. DUTES OF CITY City agrees to cooperate with Engineer and to provide treatment plant operation, .maintenance, and performance data as requested plus available construction or as -built drawings. IV. COMPENSATION For the services described_ in Exhibit A which are to be performed by the Engineer, the City agrees to pay, and the Engineer agrees to accept, compensation at. the rates estimated for labor, travel, equipment. materials and supplies as stated in exhibit A. In no event shall the City be obligated to pay more than $27,000 unless this contract is amended with a writing signed by both parties. Payment shall be made within 30 days of the completion of all work. V. AUTHORIZATION, PROGRESS,.AND.COMPLETION Specific authorization to proceed with the work described in Exhibit A shall be granted in writing by the City within a reasonable time after the effective date of this Agreement.. The Engineer shall not proceed with the work without such authorization. The work shall be completed within 60 days after receipt of the authorization to proceed. VI. TEMPORARY SUSPENSION The City's Project Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Engineer to perform any provision of this agreement.. Engineer will be paid the compensation due and payable to the date of temporary suspsension. -3- VII. SUSPENSION; TERMINATION A. Right to Suspend -:or Terminate The City reta -ins the.right.to terminate this agreement for ar_y reason by notifying Engineer in writing sever. (7) 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 Engineer, City shall be obligated to compensate Engineer only for that portion of consulting services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Engineer and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties: S. Return of.Materials Upon such termination, Engineer 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 Engineer, and for which Engineer has received reasonable compensation, or given to Engineer in connection with this agreement. Such materials shall become the permanent property of City. Engineer, however, shall not be liable for City's use of complete. documents if used for other than the project contemplated by this agreement. VIII. INSPECTION Engineer shall furnish City with every reasonable opportunity for City to ascertain that the services of Engineer 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 Project Manager's inspection and approval. The inspection of such work shall not relieve Engineer of any of its obligations to fulfill its agreement as prescribed. IX. OWNERSHIP OF MATERIALS All original drawings, plans, documents and other materials prepared by or in possession of Engineer pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. X. INDEPENDENT JUDGMENT Failure of City to agree with Engineer's independent findings, conclusions, or recommendations, if the same areas called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of the Engineer to meet the requirements of this agreement. -4- XI.ASSIGNMENt: SUBCONTRACTOR'S EMPLOYEES This agreement is 'for the performance of professional engineering services of the-Engineer and is not assignable by the Engineer without prior consent of the City in. writing. The Engineer :,ay employ other spec allsts to perform special sery =ices as required with prior approval by the City. XII. NOTICE All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: William T. Hetland Utilities Department. City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 To Engineer: G. S. Dodson & Associates 165 Lennon Lane, Suite 105 Walnut Creek, CA 94598 XIII. INTEREST OF ENGINEER Engineer 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. Engineer further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Engineer 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, Engineer shall at all times be deemed an independent contractor and not an agent or employee of City.. XIV. INDEMNITY Engineer hereby agrees to indemnify and save harmless City, its officers, agents, and employees 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 Engineer under this agreement or of Engineer employees or agents; -5- B. Any and all damage to or destruction of any property, including the property of City, its officers, agents,.or employees, occupied or used by or in the care, custody or control of Engineer; or in proximity to the site of Engineer's work, caused by any negligent act or omission of Engineer under this agreement or of Frgineer's employees or agents; 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 Engineer 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 Engineer under this agreement; and E. 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.Engineer. Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Engineer. XV. WORKERS COMPENSATION Engineer certifies that it is aware of the provisions of the Labor Code of the State of California, which requires 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. XVI. INSURANCE For the duration of this agreement, the Engineer shall maintain the following minimum public liability and property damage insurance which shall protect the Engineer from claims for -6- FI U injuries, including accidental death, as property damage which may arise from the this agreement. The limit of liability be as follows: well as from claims for performance of work under for such insurance shall A. Comprehensive general liability insurance, including perscnal injury liability, blanket contractual liability, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $500,000. B. Automobile', bodily injury and property damage liability insurance covering.owned, non - owned, rented and hired cars: The combined single .limit for bodily injury and property damage shall be not less than $500,000. C. Statutory workers compensation and employers_ liability insurance for the_State of California. The Engineer shall also maintain professional liability insurance covering damages resulting. from errors or omissions of the Engineer. The limit of liability shall be not less than 5S1, oao, 000 The Engineer shall submit to the City certificates for each of the policies listed above.. Each certificate shall provide that the insurance company give written notice to the Owner at least 30 days prior to cancellation or any material change in the policy. Certificates for comprehensive general liability and automobile liability policies shall provide that the City is named as an additional insured. XVII. 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. XVIII. WAIVERS The waiver of either party of any breach or violation of any terms; covenant, or condition of this agreement. or of any provision; ordinance or law shall not be deemed to be a.waiver of any subsequent breach of violation of the same or of any other term; covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be 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. -7- XIX. 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: XX. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of race, color, national origin, ancestry, religion or sex of such person. If Engineer is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provision 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 Engineer 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. If Engineer is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreerment, Engineer shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Engineer the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Engineer is found to have been in such noncompliance as damages for said breach of contract, or both. XXI. AGREEMENT. CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Engineer 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 .Engineer. 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 Engineer have executed this agreement on the day and year first above written. -8- i XXII. sUCONTRACTS Engineer shall be :entitled, to the extent determined appropriate by the Engineer; to subcontract any portion of the work . to be.,performed under this Project. Engineer shall negotiate and administer subcontracts in accordance with 40 CFR 33.295. The Engineer shall be responsible to the City for the action of persons and firms performing subcontract work. The Engineer is authorized by -the City to subcontract work having a cost which will not exceed X61 percent of the total amount L4? of compensation due under this agreement. Subcontractors selected kR shall be approved in writing by the City Project Manager. XXIII: JURISDICTION This agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this agreement shall be in that state. If any part of this agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the agreement shall be in full force and effect. xxiv. BUSINESS LICENSE the Contractor and all subcontractors shall have appropriate business licenses in accordance with the City of San Luis Obispo Municipal Code. G.S.. DODSON & ASSOCIATES By &Za4r�— y S _odson, President CITY OP SAN LUIS OBISPO unin, Mayor' Attest: 4 _ P ela Voges, C y lerk. Attest• ?V_ f or en l n, ty Attorney I l EXHIBIT A rte: G.S. DODSON & ASSOCIATE5 C O N SO L T I N G E N G I N E E R-5 November 2-, 1989 Mr.. Pervaiz Anwar Brown and Caldwell 150 South Arroyo Parkway Pasadena, CA 91109 li VALUE ENGINEERING PROPOSAL CITY OF SAN LUIS OBISP.O WASTEWATER TREATMENT PLANT IMPROVEMENT Dear Pervaiz: Enclosed is our proposal for value Engineering services for the City of San Luis Obispo. Wastewater Treatment Plant project. We have provided for one value Engineering workshop and plan to visit the plant site in San Lu S Obispo the week of November 13, 1989. The Value Engineering team will convene on November 20, 1989 at Brown & Caldwell's Pleasant Hill office for the information phase. The remainder of the Value Engineering workshop will be conducted in G. S. Dodson & Asso- ciates' Walnut Creek office. The oral report and recommenda- tion phase will be on November 28, 1.989, either at Brown &. Caldwell's Pleasant -Hill office or in San Luis Obispo. The written report will be submitted by December 11, 1989. We look forward to working with you and the City of San LuiS Obispo on this project. Please call if you need additional information or clarification. Sincerely, G. S. DODSOONN & ASSOCIATES ary Dodson Principal GSD /js Enclosure 165 Lennon Lane, Suite 105 m bbalnut Creek, CA 94598 n (415) 937.7012 0 FAX: (413) 937 -7(117 METHOD TO ACCOMPLISH THE WORK Our proposed method to accomplish the Value Engineering study for the City of San Luis Obispo Wastewater Treat- ment Plant is consistent with the guidelines and proce- dures outlined in EPA's "Value Engineering Workbook for Construction Grant Projects ", MCD -29 (EPA 430/9 -76- 008). In general, value engineering procedures and methodology are well proven and form the basis for all value engineering studies. The technical approach to value engineering includes the following phases: Administration and Preworkshop Preparation Study plan development Coordination with client Scheduling Collect project information Cost validation Develop worksheets Distribute design information to team members Value Engineering Workshop Information Phase Speculative Phase Evaluation Phase investigation Phase Recommendation Phase Post Studv Phase Preliminary value engineering report Review findings with designer The heart of the value engineering study is the value engineering workshop. The EPA and SWRCB allow consid- erable flexibility in developing a level of effort consistent with the size and complexity of the project. Whereas large and complex projects may require multiple teams and multiple studies, simple plant expansions may only require a single team and one workshop. A typical value engineering team is composed of five members who bring interdisciplinary skills to the project. A typical team may be composed of a civil /structural engineer, electrical engineer, mechanical engineer, 1 sanitary engineer, and cost estimator. Other disci- plines such as soils engineering, architects, and other specialists may be added to the team based on the specific needs of the project.. Based on our value engineering experience and our understanding of the project, we propose one Value Engineering team specializing in wastewater treatment plant design and construction. The value engineering study would be at the 99 percent completion. The Value Engineering workshop will be a comprehensive 5 day session. The workshop will focus on functional requirements, design basis, design concepts and value analysis of specific project features. Depending on the level of detail available for electrical. and in- strumentation systems, our electrical- instrumentation team member may attend only part time. The Value Engineering team for the Wastewater Treatment Plant improvements would consist of the following team members: Team Hamber Gary S. Dodson George C. Reik Yogi Patel William Mullins Walter R. Mctean Specialty Civil /Sanitary, Mechanical VE Coordinator Sanitary Process Structural Electrical Construction and Cost Estimating E VALUE ENGINEERING TEAM MEMBERS Our proposed value Engineering team is composed of highly qualified professional personnel experienced in the planning, design, construction management and value engineering -of wastewater facilities. Many of our team members have worked together successfully on similar value Engineering projects and have a full understanding of the purpose and scope of Value Engineering. Value Engineering Coordinator The Value Engineering Coordinator and project manager will be Gary S. Dodson. In the unlikely event that Mr. Dodson becomes unavailable, George C. Reik will assume the responsibilities of Value Engineering Coordinator and project manager. GARY S. DODSON. Mr. Dodson is a registered profession- al engineer in California with over 20 years experience in the planning, design, and value engineering of major wastewater projects. Mr. Dodson has completed the 40- hour Value Engineering Workshop and has participated in 20 Value Engineering studies. Mr. Dodson was Value Engineering Coordinator for 14 of those studies. Mr. Dodson has an extensive background in the planning, design, and Value Engineering of major wastewater facilities. From 1973 to 1977, Mr.: Dodson was project manager for the design of the 136 mgd Sacramento Regional Wastewater Treatment Plant and the Pioneer Reservoir and Sump 2 components of the Sacramento Combined Wastewater Control System. As the value Engineering coordinator for the Greater Eureka Project, Mr. Dodson was involved in the Value Engineering 'study of the Humboldt Bay outfall and wastewater treatment plant design. GEORGE C. REIK. Mr. Reik is Vice President of Camp Dresser & McKee. Mr. Reik has more than 28 years of professional experience in the fields of civil and environmental engineering. During his 20 years of experience with CDM, he has been concerned principally With the development of wastewater management plans and the design of water and wastewater conveyance and treatment facilities. He has served as a consultant to several national and international agencies as well as 3 cities, districts, regional.and subregional agencies. He was made a vice President of the firm in 1975 and serves as technical reviewer and value engineering coordinator as well as a senior project manager con- sultant, and Officer -in- Charge on a variety of waste- water planning and design projects. Mr. Reik has either managed or served on numerous value engineering study teams, including VE studies for Seattle Metro, Washington; the west County Agency, California; the East Bay Dischargers Authority, Cali- fornia; Central Marin. Sanitation Agency, California; the Sewerage Agency of Southern Marin,.California; Orange County, Florida; and Louisville, Kentucky. YOGI PATEL. Mr. Patel has more than 30 years of exile- rience in structural. design for water and wastewater facilities. Mr. Patel has completed the 40 -hour Value Engineering course and has participated in 15 Value Engineering studies. WALTER R. MC LEAN, Mr. McLean has completed a 40 -hour value Engineer training course and brings to the team more than 50 years of water.and sewerage facility construction experience. Mr. McLean has participated in 6 Value Engineering studies, and has served as Team Coordinator for the Port Orchard, Washington Value Engineering Study. He has also been a member in the Portland, Oregon; City of Eureka; City ,of.Modesto; and Carmel Sanitary District Value Engineering studies. As Manager of the Engineering Division of East Bay Municipal Utility District, Mr. McLean was responsible for the design and construction of over $352,000,000 in water supply and wastewater facilities including the District's bay front sewer interceptors and wastewater treatment facilities. As a special consultant to the Sacramento Regional County Sanitation District, Mr. McLean recommended an alternative route for the 120 - inch Pioneer Interceptor which resulted in a savings of approximately $8,000,000. WILLIAM MULLINS. Mr. Mullins has completed the 40-hour Value Engineering training course and participated in four Value Engineering studies. Mr. Mullins has an extensive background in control systems, power distri- bution, communications, substations, and heating, ventilation and air conditioning.systems. 4 RECORD OF PERFORMANCE G. S. Dodson & Associates has completed all its assignments, including Planning, Design, and Value Engineering studies, on time and within budget. Our performance, including quality of work, can best be judged by contacting management and project personnel of the various agencies and designers for whom we have conducted value Engineering studies. Capacity to Perform the Work G. S. Dodson & Associates has assembled a Value Engi- neering team that is committed to performing the value Engineering study in accordance with the City's sched- ule and requirements. Our VE team members are aware of the necessity of conducting the VE studies in a . timely manner. Through close coordination with the City's designers, we are able to advise our VE team members several weeks in advance of the scheduled workshop so that they may rearrange their schedule to meet their VE workshop commitment. we have always been able to meet our commitment and schedule for VE studies without substitution of team members. However, each firm that participates in our VE studies has the capability to furnish substitute team members in the unlikely event that a designated team member could not participate in a VE.workshop. Any proposed substitution of team members would be submitted to the City for approval. Experience on Diulti- Jurisdictional Projects G. S. Dodson & Associates and all subcontractors fur- nishing team members have experience working on EPA funded projects and are familiar with State and Federal rules and regulations. Conflict of Interest G. S. Dodson & Associates and all associated firms in this proposal are aware of the standards of conduct regarding conflict of interest on clean water construc- tion grant projects (CFR 35.936 -16). Neither G. S. Dodson & Associates nor any associated firms nor their personnel have organizational or personal conflicts of interest with the City of San Luis Obispo or any other agency or individual involved with the project. A WORKSHOP LOCATION G. S. Dodson & Associates' office is located in Walnut Creek which is about 5 miles from the City's design consultant, Brown and Caldwell. We propose to conduct the information phase of the initial VE workshops at Brown and Caldwell's Pleasant Hill office. This will allow introduction of the VE team to the City staff, and a brief overview presenta- tion by the design staff. The balance of the VE work- shops will be conducted in the Walnut Creek area to facilitate ready access to the design consultant's staff and the VE team's office resources. The oral report of VE recommendations along with copies of the VE worksheet will be presented to the City staff at the conclusion of the workshop. The oral presenta- tion can be made to the City staff in San Luis Obispo or Walnut Creek at the City's convenience. M COST OF SERVICES The estimated consultant man -days for the value Engineering Workshop is shown in Table 1. We estimate that approximately 250-man-hours including drafting and typing will be required to complete the Value Engineer- ing workshop. Cost of services shown for the workshop does not include time and cost incurred by the City staff or design consultant for participation in the VE Workshop, review of the Preliminary VE report, or response to VE recommendations. Based on the proposed man - hours presented in Table 1, the estimated cost for the value Engineering Workshop would be $27,000.00. A breakdown .of estimated cost is presented in the attached. EPA Form 5700. 7 VALUE ENGINEERING PROPOSED MANHOURS WASTEWASTER TREATMENT PLANT IMPROVEMENTS N O U TASK Nz 0 � Y> a cn� w0 oa 0 of 00 w �x z¢ J� �U �` z 6 00 z a z Q C 1 �D C~J a; Z Q h- LWJ U 7 C� V¢i >: t~/7 Zj 0 O Preworkshop Preparation 8 2 10 VE Workshop 40 40 40 24 40 .200 Post Study Phase 32 2 2 2 2 8 8 56 TOTAL 8 80 42 42 26 42 10 250 COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved (See accompanying inatractions before Completing this form) OUB No. 158- ROiaa PARTI- GENERAL 1. GRANTEE 2. GRANT NUMGFR City of San Luis Obispo 7 NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL G. S. Dodson & Associates Nov. 2, 1989 5. ADDRESS OF CONTRACTOR OR Su BCONTRACTOR (Include ZIP code) 6. TYPE OF SERVICE TO BE FURNISHED 165 Lennon Lane, Suite 105 Wastewater Treatment Plant - Walnut Creek, CA 94598 Value Engineering Workshop PART 11-COST SUMMARY 7. DIRECT LABOR (Specify labor eetagor /aa) ESTI- MATEO I HOURLY ESTIMATED TOTAL$ HOURS RATE COST G. S. Dodson 80 Is 116 S 4 280 Rei 42 1 5 5,2 Y. Patel 42 95 3,990 W. Mullins 26 93 2,418 W. R. McLean 42 90 3,780 Drafting/Ty2ing 8L10 50 35 750 DIRECT LABOR TOTAL: 4g RS = 1 '` `" s 25,'•��4r68 S. INDIRECT COSTS S ecffy fndfrect coat pool*) (p p ) RATE x BASE _ ESTIMATED COST INDIRECT COSTS TOTAL: S 9. OTHER DIRECT COSTS w�_,3•f;,�4!, ».",,j V a. TRAVEL ESTIMATED -r �';'..,,, ,�- •�....: COST L) TRANSPORTATION 500 '`�j "��` S �� 1 yy ,,�}}7r (2) PER DIEM E 200 TRAVEL SUBTOTAL: s700 b, EQUIPMENT, MATERIALS, SUPPLIES ( Specify categories) OTY COST ESTIMATED ili';'}"'w;..;,.:. COST Printing, telephone, and mist. su22lies Is S 832::..; >,::; e`. <r ` ^u•°s5 ^fi >,� °�..'> % ".'"' EQUIPMENT SUBTOTAL; I.. a:('i ''i-,T 832 C. SUBCONTRACTS ESTIMATED COST s .x'•r 'r. SUBCONTRACTS SUBTOTAL: "—' " ESTIMATED d. OTHER (Specify categories) COSTca OTHER S08TOTAL: s,p.�.�� a: OTHER DIRECT COSTS TOTAL: .• 1,532 1o, TOTAL ESTIMATED COST S 27,000 11. PROFIT included 12. TOTAL PRICE • 27,000 EPA Form 5700.11 (2 -76) PAGE 19 F 5 r= FOPM Approves PART III - PRICE SUMMARY 17. COMPETITOR'S CATALOG LISTINGS, IN.HOUSE ESTIMATES, PRIOR QUOTES (Indicate basis tat PROs mOMPauiaan) MARKET PRICEtS) PROPOSED PRICE PART IV- CERTIFICATIONS 14. CONTRACTOR G. S. Dodson &Associaces - - -- - - - -- 14a, MRS A PEDCRAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS! Q YES NO (11 "Yee " -Qlve Rama addrsaa and telephpna nymbst *I rsviewfn j 011ie.) 16b.TMIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES -- _ This proposal it, submitted for use in connection with and in response to (1J Brown and Caldwell This is to certify to the best of my knowl -elge and belief tkat -the cost -and pricing data summarized herein are complete, current, and accurate as of p).L November 2, 1989 and that a financial management capability exists to fully and accu- ratelyaccou`nt fortheo financial transactions under this project. I further certify that Funderstand that the sybagreement price may be subject to downward renegotiation and /or recoupment where the above cost and pricing data have been determined, a5 a result of audit, not to have been complete, current and accurate as of the date above. (3j November.2, 1989 PATE OF EXECUTION SI GNA TURD OF PROPOSER President TITLE OF PROOOSIR ti. GRANTEE REVIEWER - -- - -- I certify that I have reviewed the cost /price summary set forth herein and the proposed costs /price appear acceptable for ;abRgreement award. OA TIE OF E %CGV TION SIGNATURE OP REVILWCA - TITLE OF REVIEWER 16. EPA REVIEWER (It abol)cable) - - -- - -' -- -' - - - --- - - DATE OF EXEGU TI OtJ SIGNATURE OF REVIEWER TITLE OF REVICWNR c Vq rarm Jt VV-01 14.101 PAGE 2 OF 5 '� l -�� Y �J RESOLUTION NO . 6713(1989 SERIES ) A RESOLUTION APPROVING THE ANNUAL CLAI MFOR MONEY FROM THE LOCAL TRANSPORTATION FUN D BE IT RESOLVED by the Council of the City of San Luis Obispo a sfollows: 1.To approve the 1989-90 annual claim for loca ltransportation funds . 2.To authorize the Transit Manager to execute th eappropriate claim forms . 3.To direct the City Clerk to forward one executed copy o fthe claim and a certified copy of this resolution to : San Luis Obispo Area Coordinating Counci lCounty Government Cente r San Luis Obispo, CA 9340 8 On motion of Councilman Settle ,seconded by Councilw©man :.Rapp a and on the following roll call vote : AYES :Councilmembers Settle, R,:ppa, Pinard, Reiss and Mayor Dunin NOES :Non e ABSENT :Non e the foregoing Resolution was passed and adopted this 14th da yofNovember,1989 . r =ter MAYOR RON DUNIN I APPFVEDI- Ci dministrative Officer Finance Director 6713 FY 89/9 0 CITY OF SAN LUIS OBISP O TRANSPORTATION DEVELOPMENT AC T ANNUAL PROJECT AND FINANCIAL PLA N Briefly describe all proposed projects (title and descriptions) the proposed use of thes e funds (by Article and Section of the Transportation Development Act) and the propose d expenditures for the ensuing year for all TDA funds including loca l (previously SB 325) and State Transit Assistance Funds . transportation fund s Project Title an d Brief Description Purpose :PUC Article/Section Amoun t LOCAL TRANSPORTATION FUND Public Transportation $324,57 8 Article 4, Section 99260(a ) Public Transportation $138,59 0 Article 4, Section 99260(a) if 3 Fund Miscellaneous Local streets, roads,$357,23 3 Construction, reconstruc- pedestrian and bicycl e tion and maintenance facilities, Article 8 projects not inconsistent Section 99400(a ) with the adopted Regiona l Transportation Pla n 1)Total Claim for LTF funds $820,40 1 2)Total claim for STA Funds $-0 - Total TDA Claim $820,40 1 CLAIMANT Approved CERTIFIED : July 5, 1989 By : ~()/T ~~ A-1 Title : 1 ansit lia 89 -03 Date : if 1 SLO Transi t A local fixed-rout e transportation syste m operated by the Cit y of San Luis Obisp o system connecting sur- rounding cities with Sa n Luis Obispo with fixe d routes and serving handi - capped residents wit h door-to-door service s (Runabout). if 2 SLORTA A Regional Transi t SLOACC ACTION : Date : Agenda Item : Resolution if DH/cl/5204-1/9 7 08-10-8 9 ANNUAL CLAI M FOR LOCAL TRANSPORTATION FUNDS AN D STATE TRANSIT ASSISTANCE FUND S CLAIM NO .:TDA-SLO-89/9 0 FISCAL YEAR :1989/90 TO :San Luis Obispo Area Coordinating Counci l County Government Cente r San Luis Obispo, Ca . 9340 8 FROM :CLAIMANT :CITY OF SAN LUIS OBISP O ADDRESS :P .O .Box 810 0 CITY :San Luis Obispo, CA ZIP CODE :9340 3 CONTACT PERSON :Nancy Knofler PHONE NO .:549-712 2 This claimant, qualified pursuant to Section 99203 of the Public Utilitie s Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971 , as amended and applicable rules and regulations, that an allocation be mad e for the purposes and in the respective amounts as described in the attache d Project and Financial Plan claim form . Total LTF/STA funds being claimed are :$820,40 1 a)Annual (LTF) apportionment $830,401 b)Annual (STA) Funds $-0- Operator Revenues $-0- Apportionment $ -0 - City of San Luis Obispo } (Claimant ) By :~`tt— Title : Transit Manage r Date : This claim was approved by San Luis Obispo Area Coordinating Council a t their July 5, 1989 meeting by Resolution No . 89-03 . r/Q_o,.ea ca„..`.Title :G-04'r\-M.AtuA4C1'L Date :/,<k (7(F ~I . DH/cl/3896-1/113/pg .7 08-10-89 a TRANSPORTATION DEVELOPMENT ACT CLAIM REQUIREMENT S AND CERTIFICATION S Lu-‘5 1989/9 0 Juris ction o sj'.c F Y FIIING .REQUIREMENTS Please submit the following items as marked . X 1 .The signed TDA Claim form . Y 2 .A certified copy of a resolution or minute order authorizing th e claims and approving basic purposes for which they are filed . 5(3 .A completed annual project and financial plan identifying al l proposed LTF and STA expenditures . 4 .A budget or proposed budget for the fiscal year of the claim o r portion thereof pertaining to transportation (CAC Sectio n 6734a). The statement shall specifically identify the estimate d amount of the claimant's maximum eligibility for LTF and ST A funds as defined in CAC Section 6634 . 5 . A statement of projected or estimated revenues and expenditure s for the prior fiscal year pertaining to transportation (CA C Section 6734b). V 6 .A statement identifying actions to comply with the prior year's fiscal audit recommendations (PUC Section 99245). 7 .A statement identifying and substantiating the reason or need fo r any increase in transportation operating budget in excess of 15 % above the preceding year, an substantial increase or decrease i n scope of operations, or any capital provisions for major ne w fixed facilities (PUC Section 99266 ; CAC Section 6632). A statement identifying efforts made to implement the transi t productivity improvements and performance audit recommendation s (PUC Section 99244/CAC Section 6754(b)(1)), making specifi c reference to each recommended improvement . A certificate from the California Highway Patrol per Sectio n 1808 .1 of the Vehicle Code (PUC Section 99251) for jurisdiction s operating transit systems (pull notice program, bus facilit y inspection). WA 10 . A California Highway Patrol certificate of compliance wit h General Purpose Paratransit Vehicles (GPPV) inspection and drive r certification requirements per California Code of Regulation s Sections 1201 through 1208 . 8 . X 9 . (1) CERTIFICATION S By signing below, the authorized transit official certifies complianc e with all of the appropriate certifications . II . Verification of compliance with the prior Unmet Needs hearin g findings (either included in the city/county budget or include d in attached claim) (CAC Section 6754c), including : 4~/[h a Senior Van operating subsidy ($2,400/year) and mandator y / insurance coverage (Note : Recommend funding throug h General Fund Budget, rather than TDA claim, due to reportin g requirements); b .Local share of community/regional transit systems (CA C Section 6754(2)(5). /' 12 . Verification the proposed expenditures are in conformity with th e Regional Transportation Plan (CAC Section 6754 .1). ,X 13 . The transit system operator does not routinely staff a transi t vehicle designed to be operated by one person with two or mor e persons (PUC Section 99264); or is not precluded by contract fro m employing part time drivers or from contracting with commo n carriers of persons operating under a franchise or license (CA C Section 6754 (b) (2)). -2C 14 . Existing and projected farebox ratios are as listed below (PU C Section 99268 .1,2,3,5 ; CAC Section 6633 .2, 6754(2)). a.Fiscal Year 1988/89 Farebox Ratio 38%(estimate ) b.Projected Fiscal Year 1989/90 Farebox Ratio __57 .4 % c.Verification that the level of passenger fares an d charges is sufficient to meet fare revenu e requirements . 15 . The transit system under your sole jurisdiction meets eligibilit y requirements under the funds test (CAC Section 6634 ; 6754(2)(4)). Estimated 1989/90 Operating Cos t Less depreciation, amortizatio n and vehicle lease cost s Net Operating Cost s Less amount of fare revenues require d to meet your minimum farebox revenu e Maximum amount receivabl e for transit system 492,92 8 42,511 450,41 7 45,04 2 405,37 5 C 16 . Full use is being made of federal funds (UMTA Section 18 Grants ) available under the Urban Mass Transportation Act fo r transportation purposes (CAC Section 6754(a)(3)). (2) 1C 11 . Compliance will be maintained with the adopted transfer pas s policy . (PUC Section 99282, 99282,5). X 18 . Compliance will be maintained with PUC Section 99155 relative t o reduced transit fares and identification cards for senio r citizens and disabled persons . 19 . Conditions placed upon the claim by action of the San Luis Obisp o Area Coordinating Council will be met in a timely fashion , including the following . _ a . Payment of the second quarterly payment will b e conditional upon receipt of the Annual Report of Transi t Operators to be submitted yearly by the end of September t o the State Controller and the Area Council (PUC Sectio n 99243). S_b .Monthly operating data will be submitted to the Are a Council for any transit system operated . Signa%ure b .F Auth ri ed Officia l Certifying Complianc e Nancy Knofle r Transit Manage r dh/cert s 8/11/89 Dat e (3) 0FILING REQUIREMENTS SLO TRANSI T 1.TDA Claim form (enclosed ) 2.resolution (enclosed ) 3.annual project and financial plan (enclosed ) 4.SLO TRANSIT, ADOPTED OPERATING BUDGET,FISCAL YEAR 1989-9 0 REVENUE S Passenger Fares S 168,35 0 TDA-LTF Allocation 324,578 TOTAL S 492,92 8 EXPENDITURE S Vehicle Operations $ 289,400 Vehicle Maintenance 85,028 Non-Vehicle Maintenance 5,300 Administration 64,000 General Government 49,200 TOTAL $ 492,928 5,6 .Fiscal Audit (CAC Section 67346, PUC Section 99245). FY 1988-8 9 audit will be available for SLOACC review in November 1989 . 7.Not applicable . 8.Performance Audit (PUC Section 99244/CAC Section 6754(b)(1)). The City has implemented programs addressing the productivit y recommendations . A letter was previously sent to SLOACC, date d November 19, 1987, regarding this matter . The most recent audi t is in draft form at this time . 9.The CHP has not inspected the bus facility nor have the y provided the contractor with a certificate . However, th e contractor is current with the program and a sample DMV printou t is enclosed . 10.Not applicable . U-15 g `} Dat eSign ture l~f Author zed Officia l Nanc Knofle r Transit `-tanage r STATE OF CALIFORNI A a Oae GG~—W'S)S OF MOTOR VEHICLE S 8458 COOK, ALLE N 3395 S HIGUERA SP 2 2 SN LUIS OBSPO CALIF 93401 03/10/8 9 OTHER : 3395 S HIGUERA SP 2 2 S L OBISPO CALIF 10/17/8 4 IDENTIFICATION OF DR,, BASED ON INFORMATION SUBMITTE D STATE OF CALI,4 DEPARTMENT OF MOTOR VEHICLE S DRIVER'S LICENS E OR ID CARD A F .O.BATES NO .TYPE APP DATE MISC . INFO . SUBMITTED BY REQUESTER REQ. CODE RECOR• •. Z0866199 NONE 754 80 09~13j8 9 BIRTH DATE SEX HEIGHT WEIGHT EYES HAIR DMV USE 0 LY ' 10 :1527 M 6103 245 BROWN BROWN CL 804 09/12 BLK 00 4 C DRIVER'S LICENSE INFORMATIO N CLAS S2 ISSUE D 09;17 ;87 EXPIRE S BD/90 EXT .RESTRICTIONS DUP . LIC. ISSUED LIC. HELD 174 7 ITEM VIOLATIO N O R ACC. DATE CONVICTIO N DATE SECTION(S) VIOLATED , LOCATION OF ACCIDENT O R OUT-OF-STATE VIOLATION(S) STATUTE COURT DISPOSITION DOCKET, CITATION OR FR FILE NUMBER LOCATION OF COUR T O RACCIDENT REPORT NUMBER VEHICL E LICENS ETYPEJAIL OVA AMT. NONE T0; R ;EPOR 7 ANY ACCIDENTS SHOWN ABOVE DO NOT NECESSARILY INDICATE DRIVER RESPONSIBILITY VI LAIDLAW TRANSIT INC 412 r 2557 CORTEZ S T S OXNARD CALIF 93031 SEEREVERSE FO R EXPLANATIONOF CODESATTN:E4 M JOHNSO N ORDER AUTHORITY SECTION(SI THRU DATE SERVICE OF ORDERDEPARTMENTEFFECTIVE FR FIL E ACTION MAI L DATE DATE OR OTHER STATE TAKING ACTION TERM REASON FOR ACTION TYPE DATE NUMBE R NONE TO REPOcRTi , l0 - 0 3 -- o DRIVER RECORL ...FORMATIO N