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RESOLUTION NO. 00M (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE AGREEMENT AS REVISED
FOR ENGINEERING SERVICE BETWEEN THE
CITY OF SAN LUIS OBISPO AND BROWN AND CALDWELL FOR
IMPLEMENTATION OF WASTEWATER MANAGEMENT PLAN
WHEREAS, the City has adopted a Wastewater Management Plan ;
WHEREAS, the Wastewater Management Plan identifies a specific
program for the implementation of the Wastewater Management Plan;
and
WHEREAS, the City desires to retain technical assistance to
implement the Wastewater Management Plan program; and
WHEREAS, the City has gone through a consultant selection
process and the firm of Brown and Caldwell is determined to be
capable and interested in provdng. assistance.
NOW,THEREFORE, BE IT RESOLVED the Mayor is authorized to
execute the Agreement for Engineering Services, as revised,
between the City of San Luis Obispo and Brown and Caldwell for
Implementation of Wastewater Management Plan and authorize the
consultant to proceed with the first increment of work with costs
not to exceed $175,000.
On motion of Councilmember Settle , seconded
by Councilmember Reiss
, and on the following roll call vote:
AYES: Councilmembers Settle, Reiss and Mayor Dunin
NOES: Councilmembers Pinard and Rappa
ABSENT: None
the foregoing Resolution was passed and adopted this 23rd day of
February , 1988.
fo'j - asap:
MAYOR RON DUNIN
ATTE U
CITY VLERK PAMELA VGtS
Resolution No. 6399 (1988- - .Series)
Page 2
APPROVED:
V \ice
City Admt tive Officer
ty
Finance Director
Z:::��
Public Works Director
Utilities Manager
wwmpreso /wth #12
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN CITY OF SAN LUIS OBISPO
AND BROWN AND CALDWELL FOR
IMPLEMENTATION OF WASTEWATER MANAGEMENT PLAN
THIS AGREEMENT, made and entered into on this 23rd day
of February , 1988, by and between City of San Luis Obispo or
"City ", hereinafter referred to as "Owner," and Brown and Caldwell,
a California corporation, authorized to provide engineering
services, hereinafter referred to as "Engineer."
WITNESSETH:
WHEREAS, City and Engineer have previously entered into an
Agreement on October 28, 1986, for engineering services for
preparation of Wastewater Management Plan for the City of San Luis
Obispo; and
WHEREAS, Engineer has completed the final report on the San
Luis Obispo Wastewater Management Plan; and
WHEREAS, City has requested Engineer to provide engineering
services for the implementation of the Wastewater Management Plan,
hereinafter referred to as the "Project "; and
WHEREAS, Engineer has available and offers to provide
personnel and facilities necessary to accomplish the work within
the required time; and
WHEREAS,. Owner and Engineer have completed negotiation of
price based on certified cost data submitted by Engineer, and
NOW, THEREFORE, Owner and Engineer agree as follows:
I. PROJECT COORDINATION
A. City
The City Utilities Manager shall be the representative of
the city for all purposes under this agreement and is
Page. 1 of 14
designated as the Project Manager for the City. He shall
supervise the progress and execution of this agreement.
B. Engineer
Engineer shall assign a Project Director and a Project
Manager for this project. Mr. Pervaiz Anwar is hereby
designated as the Project Director and Mr. Azee Malik is
hereby designated as the Project Manager for engineer..
Should circumstances or conditions subsequent to the
execution of this agreement require a substitute Project
Director or Project Manager for any reason, the Project
Director or 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
The Project is described in Exhibit A entitled,
"Description of Project ". 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. Planned Engineering Services Engineer agrees to
perform those planned tasks described in Exhibit B
entitled, "Scope of Planned Engineering Services, ".
Compensation for Planned Engineering Services shall be
as provided in Exhibit C.
2. Follow -on Engineering Services Owner and Engineer
agree that certain of the work to be performed by
Engineer cannot be defined adequately prior to the
completion of the predesign or design services, and
that additional engineering work related to the
execution of the project and not covered in Exhibit B
will be needed during performance of this agreement.
It is intended that such categories of work be
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a
classified as Follow -on Engineering Services.
Follow -on Engineering Services will be negotiated
following pre- design or design services when the
actual facilities to be constructed are more
accurately defined. Follow -on Engineering Services
will include the following tasks.
a. Review of submittals. Review contractor's
submittal to assure compliance with the contract
documents.
b. Consultation during construction. Provide
interpretation of contract documents.
Respond to requests for information from the
contractor.
Review requests for substitution from the
contractor.
c. Site visits. Make visits to the construction site
to assist the construction manager in monitoring
of the construction program. It is assumed that
twelve trips to the site will be made during the
construction of the proposed project.
d. Change order preparation and review. Provide
assistance to the City in the preparation and
review of change orders. This will include
developing cost estimates for the changes as well
as evaluating contractor supplied costs for the
proposed changes.
e. Witness testing. Witness the testing of major
equipment. It is assumed that the testing of the
installed equipment would be witnessed at the
site.
f. Prepare operations and maintenance manual. Update
operation and maintenance (O &M) manual currently
in use by the City's plant personnel. Incorporate
changes resulting from additions to or
modifications of existing treatment facilities.
g. Prepare start -up procedures. Prepare start -up
procedures for the modified treatment
facilities. Start -up procedures to include system
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flushing, inspections, testing and any other
additional manufacturer requirement necessary to
place the equipment and systems in full operation.
h. Start -up assistance. Provide start -up assistance
to the City. Conduct up to three pre- start -up
meetings with contractor, construction manager and
plant personnel. Coordinate and oversee the final
testing.
i. Provide operator training. Prepare training
procedures. Coordinate "contractor and equipment
suppliers for contract - related training by the
equipment suppliers. Conduct start -up,
operations, shutdown, maintenance and on -site
field training.
3. Special Engineering Services.
Owner and Engineer agree that certain of the work.
contemplated to be performed by Engineer cannot be
defined sufficiently at the time of execution of this
Agreement, and that incidental engineering work
related to the Project and not covered in Planned or
Follow -on Engineering Services may be needed during
performance of this Agreement. Such categories of
work shall be classified as Special Engineering
Services. Special Engineering Services shall be
authorized by the Project Manager for the City.
Special Engineering Services may include, but are not
limited to, the following:
a. Prepare As -built Construction Plans. Prepare
as -built construction plans based on drawing
mark -ups developed by the contractor during the
construction phase. As -built information will be
transferred to original drawings (mylars) and a
complete set will be submitted to the City.
b. Prepare a Separate Construction Packa a for
Advance Wastewater Treatment. If grant /loan funds
are to be pursued, a separate package will be
prepared for the construction of advance
wastewater treatment facilities. This package
will be formatted into a document which meets the
requirements of Clean Water Grant Program and
State Revolving Fund Loan Program.
Page 4 of 14
c. Incorporate Review Comments. The Advance
Wastewater Treatment construction package may be
submitted to the state and Corps of Engineers for
review. All review comments will be incorporated
to get state and Corps of Engineers concurrence.
d. Public Hearings. Attend public hearings meetings
in Sacramento, California and respond to any
comments from RWQCB to resolve waste discharge
requirements relating to color, turbidity and
temperature.
e. Emergency Power. Prepare plans and specification
for the construction of a new emergency power
system capable of keeping critical unit processes
on -line in case of power outage.
f. Value Engineering Recommendation. Incorporate
value engineering recommendations in the design
upon concurrence by the City.
C. Release of Reports and Information.
Any reports, information, data, or
to, or prepared or assembled by, .
agreement shall be the property of
made available to any individual
Engineer without the prior written
Project Manager.
D. Copies of Reports and Information.
other material given
Engineer under this
City and shall not be
or organization by
approval of the City's
If. City requests additional copies of reports, drawings,
specifications, or any other material in additicn to what
the. Engineer is required to furnish in limited quantities
as part of the services under this agreement, Engineer
shall provide such additional copies as are requested, and
City shall compensate Engineer for the costs of
duplicating of such copes at Engineer's direct expense.
E. Qualifications of Engineer. Engineer represents that it
is qualified to furnish the services described under this
agreement.
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III. DUTIES OF CI.T.Y
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. City will provide potholing at the treatment plant
to expose underground utilities.
IV. COMPENSATION
For the services described in Exhibit B which are to be
performed by the Engineer, the Owner agrees to pay, and the
Engineer agrees to accept, compensation in accordance with
the methods and schedules set forth in Exhibit C.
Compensation for Follow -on and Special Engineering Services
shall be as set forth in the written authorization for such
services. Payment to the Engineer is due upon receipt of
invoice by Owner. If payment is not made within 30 days,
interest on the unpaid, balance will accrue beginning with the
31st day at the rate of 1.0 percent per month or the maximum
interest rate permitted by law, whichever is lesser. Such
interest will become due and payable at the time said overdue
payment is made.
V'. AUTHORIZATION, PROGRESS.,_AND_COMPLETION
Specific authorization to proceed with work described in
Exhibit B shall be granted in writing by the Owner 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 465 days
after receipt of the authorization to proceed.
For Follow -on and Special Engineering Services, the Owner's
authorization shall be in writing and shall include the
definition of the work to be done, the schedule for
commencing and completing the work, and the basis of
compensation for the work.
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 suspension.
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VII.. SUSPENSION; TERMINATION
A. Right to Suspend or Terminate
The City retains the right to terminate this agreement
for any reason by notifying Engineer in writing 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.
B. 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
incomplete materials or 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.
Page 7 of 14
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 area
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 Engineer to meet the requirements of this
agreement.
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 may employ other specialists to
perform special services 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: -City Clerk's Office
City of San Luis Obispo
990 Palm Street
P.O. Box 8100
San Luis Obispo, CA 934J3 -8100
To Engineer: Brown and Caldwell
150 South Arroyo Parkway
P.O. Box 7103
Pasadena, CA 91109
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.
Page 8 of 14
XIV.
G
Engineer further
agreement, no
interest shall b
who has or wil.
agreement is ar
expressly agreed
hereunder, Engi
independent cont
City.
INDEMNITY
W
covenants that, in the performance of this
subcontractor or person having such an
e employed. Engineer certifies that no one
L have any financial interest under this
i officer or employee of City. It is
that, in the performance of the services
weer shall at all times be deemed an
tractor and not an agent or employee of
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;
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 Engineer'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
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E. Any and all penalties
account of the violation
any term or condition of
of any law or regulation
any permit is due to
Engineer.
n
LJ
imposed or damages sought on
of any law or regulation or of
any permit, when said violation
or of any term or condition of
negligence on the part of the
Consultant, at its own costs, expense, and risks, shall
defend any and all suits, actions, or other legal
proceedings that may be brought against or for employees
on any such claim or demand of such third persons, or to
enforce any such penalty, and pay and satisfy any
judgment or decree that may be "rendered against City,
its officers, agents, or employees in any such suit,
action or other legal proceeding, when same were due to
negligence of the 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 commending 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.injuries, including accidental death, as well as
from claims for property damage which may arise from the
performance of work under this Agreement. The limit of
liability for such insurance shall be as follows:
A. Comprehensive general liability insurance, including
personal 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.
Page 10 of 14
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 $5,000,000.
The Engineer shall submit to the Owner 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 pwner 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.
XIX. COST 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.
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XX.
XXI.
O •
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 Engineer is found in violation of the non discrimination
provisions of the state of California Fair Employment
Practices _act or similar provisions of federal law or
executive order in the performance of this agreement, it
shall thereby be found in material breach of this
agreement. Thereupon, City shall have the power to cancel
or suspend this agreement, in whole or in part, or to
deduct from the amount payable to 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 his paragraph.
If Engineer is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative
action guidelines pertaining to this agreement, 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.
AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated
agreement between City and Engineer and supersedes al 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. .
Page 12 of 14
XXII. SUBCONTRACTS
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 Owner for the actions of persons and firms performing
subcontract work.
The Engineer is authorized by the Owner to subcontract work
having a cost which will not exceed 20 percent of the total
amount of compensation due under this Agreement.
Subcontractors selected as of the date of this Agreement,
and the nature of services to be performed by each, is as
follows:
Staal, Gardner, & Dunne, Inc. Geotechnical Services
Engineering Development Associates Surveying Services
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.
XXV. SCOPE AUTHORIZATION AND COST LIMITATIONS
The Contractor is authorized to perform all work outlined under Task 1.0
to Task 2.11 of this agreement at a cost not to exceed $175,000. Further
authorization to perform the balance of the tasks in this agreement will
be provided by the City Council.
Page 13 of 14
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The effective date of start of the work described in Exhibit B
shall be January 26, 1988.
BROW AND CALDWELL CITY OF SAN LUIS OBISPO
B n i �, I; V .-
y ery iz Mnwar
Vice President
By ge _
v
e-tvri"T11ITt , a yo r
ATTEST:
Pa ela Voges
City Clerk N4�
APPROVED:
Roger Pjcquet
City At orney
Page 14 of 14
C� d
EXHIBIT A
DESCRIPTION OF PROJECT
The project consists of implementation of the Wastewater
Management Plan adopted by the City of San Luis Obispo. This
recommended plan is described in Chapter 8 of the Wastewater
Management Plan dated October 1987. The project consists of three
elements: upgrade of wastewater collection system; improvements to
the wastewater treatment plant; and review of the potential
beneficial use options.
1. WASTEWATER COLLECTION SYSTEM"
The wastewater collection system consists of 150 miles of
sewer lines and eight pumping stations. The collection system has
experienced high level of infiltration and inflow (I /I).
Cost - effective analysis will be conducted to determine if (a) the
collection system should be rehabilitated to reduce I /I; or (b)
larger relief sewers should be built; or (c) additional storage ponds
should be constructed; or (d) the most cost - effective combination of
the above alternatives. An"implementation program and a preliminary
design for the selected improvements to the collection system will be
developed during pre- design studies.
- 2. WASTEWATER TREATMENT PLANT
The wastewater treatment plant is a secondary treatment
plant, using trickling filters and ponds for biological treatment.
Although a portion of the effluent is used for irrigation during the
summer, most of it is discharged to San Luis Obispo Creek, which has
very low natural flows during the dry season. Lt is also an
important creek for steelhead spawning, and the discharge
requirements set by the Regional Board specify a stringent
ammonia- nitrogen limit to avoid toxicity effects on steelhead.
The treatment plant has also been unable to consistently
meet discharge requirements for 5 -day biochemical oxygen demand
(BOD5), and it has periodically exceeded limits for other
constituents such as suspended solids, oil and grease, and coliform
organisms. In addition, the treatment plant has several hydraulic
limitations. The design average dry - weather flow is approximately
Exhibit A
February 8, 1988
Page 1 of 4
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5 mgd. The wet - weather- flow capacity of several process -- including
the influent pumping station, grit removal facility, primary
clarifiers, and effluent pipeline - is about 10 mgd. A flow
equalization basin was constructed recently to help accommodate the
large I/I flows that occur during storms.
Several areas of, treatment plant improvements have been
identified in Chapters 7 and 8 of the Wastewater Management Plan.
These improvements are briefly described here.
Elimination of Raw Wastewater Storage. Existing storage
tank and primary clarifiers will -be retained. The
wastewater flow will be equalized after primary
clarification. The influent pumping station's capacity will
be expanded to accommodate the peak wet - weather flow of
22 mgd. New screening and preaeration /grit removal
facilities will be constructed ahead of influent pumping
station.
Eliminating Trickling- Filter Flow from Primary Clarifiers.
Trickling filter effluent will be directed to the existing
secondary clarifier. Trickling filter effluent flow to the
primary clarifiers will be discontinued. Existing trickling
filters will be retained and will be operated in parallel.
Effluent Pipeline. The existing 24 -inch diameter effluent
pipeline will be abandoned. New 36 -inch pipeline will be
designed to convey treated wastewater to the chlorine
contact tank by- passing effluent ponds.
Potable Water Line to Chlorination Facility. The existing
2 -1/2 -inch PVC potable water line will be replaced with a
new higher - strength pipe.
Digester Spill Containment. A low berm around the digesters
will be constructed -to contain any spillage from the
anaerobic digesters.
Electrical System Improvements. New electrical service and
power distribution system will be.added to accommodate the
load increases associated with plant improvements. Existing
MCC A and B will be replaced. All field wiring and devices
installed prior to the 1962 plant expansion will be
replaced. An analysis will be performed to identify the
emergency power needs in case of a power outage. A new
Exhibit A
February 8, 1988
Page 2 of 4
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electrical building will
electrical equipment..
M
be constructed to house new
Sulfur Dioxide Evaporator. A sulfur dioxide evaporator- will
be added to increase dechlorination capacity and to ensure
chlorine free water.entering the receiving water.
Submerged Creek Discharge Structure. In order to minimize
foaming, the stream discharge - structure will be modified so
that the effluent enters the stream below the water
surface. Relocation of the discharge to below the
confluence of San Luis and Froom Creeks will evaluated.
Facultative Sludge Lagoon. A facultative sludge lagoon will
be constructed to-receve decantate from the digested sludge
drying beds. A small brush aerator will be installed in the
lagoon to ensure that the lagoon surface area remains
aerobic. The d_ecantate will be discharged evenly back to
the treatment facilities to prevent fluctuations in the
ammonia loading.
Advanced wastewater__,_Treatment Facilities. To meet the
stringent ammonia= nitrogen limits for stream discharge,
Activated sludge _process will be used. Existing primary
clarifiers, trickling filters (operating in parallel) and
Clarifier No. 3 will continue to be used as a secondary
treatment facility. Flows from the existing secondary
Clarifier No. 3 will flow through a two -pass aeration tank
and then to two flocculator- clarifiers. Advanced_ treatment
facilities will be: sized to handle a peak flow of 15 mgd.
Piping will be designed to divert higher- flows either to the
equalization pond or to by -pass the activated sludge process
for blending with final clarifier effluent.
3. BENEFICIAL USE OPTIONS
Four beneficial use options for. the City's treated effluent
will be evaluated during predesign phase of facilities design with
the goal of developing a beneficial use program for the City. The
four options include:
A. Stream enhancement -- Reestablishment and perhaps
irrigation of a strip of riparian vegetation along San
Luis Obispo Creek, to provide improved fish and
wildlife habitat, plus other stream enhancement
Exhibit A
February 8, 1988
Page 3 of 4
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Exhibit A
February 8, 1988
Page 4 of 4
measures as determined to be appropriate and
beneficial.
B.
Agricultural irrigation -- The use of effluent to
irrigate agricultural crops.
C.
Landscape irrigation -- The use of effluent to
irrigate landscaped areas such as golf courses., parks,
and industrial parks.
D.
Laguna Lake indirect discharge -- Transport effluent
to retention basins above Laguna Lake and allow it to
percolate through and engineered sand and gravel
backfill to the lake.
A
final report detailing the analysis and including a
recommended
beneficial use program will be submitted to the City for
review and
approval.
Exhibit A
February 8, 1988
Page 4 of 4
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EXHIBIT B
SCOPE OF PLANNED ENGINEERING SERVICES
Planned Engineering Services to be performed under this
Agreement comprise and are. limited to those specifically set forth
in this exhibit. These services are related to the implementation .
of the Wastewater- Management Plan, as described in Exhibit A and
hereinafter referred to as Project. If, during the course of
performing the planned services, City and Engineer find that
additional tasks are required of the Engineer, such tasks will be
performed as Special Engineering Services or Follow -on Engineering
Services.
1.0 Project__ Management. Administer the project -- a
continuous funct -ion during all phases of the project.
Maintain liaison with the City of San Luis Obispo. Attend
and represent Brown and Caldwell at monthly meetings with
City's staff. Provide City with periodic review materials
for critique during the monthly meetings. Encourage the
City's staff, especially the plant operators, to provide
their input on the design of various components of the
Plant facilities.
Attend meetings with Regional Water Quality Control Board
(Regional Board) to assure compliance with all
requirements.
Prepare monthly progress reports for submittal to the
City.
Maintain budget and time control..
1.1 Prepare Project Mana ement -Plan. Define each task to be
conducted, including sequencing, budget allocation and
establishing milestone: Establish project responsibili=
ties, staffing projections, project coordination require-
ments, and schedule.of all meetings with the City staff.
Exhibit B
February 8, 1988
Page 1 of 13
1.2 Coordinate State Revolving Fund__Pinancing. Establish
strategy for obtaining State Revolving -Fund financing.
Meet with SWRCB staff to review loan possibilities and to
determine if special issues should be addressed to
maximize the opportunity for obtaining the loan.
Coordinate submittals to SWRCB and prepare documents for
EPA funded projects. Any special requirements for the
State Revolving Loan financing, not specifically covered
by the various scope items included under planned
engineering services, will be provided under special
engineering services.
2.1 Conduct "kick -off" meetin . Conduct a "kick -off" meeting
with the City's engineering and operational_ staff at the
start of the predesign studies.
Collect available information necessary for the design of
the project. The information to be obtained will include:
o Available topographic and geotechnical information.
o As -built drawings
'2.2 Conduct a brainstorming session. Conduct a "brainstorming
session" with Brown and -Caldwell project advisor and
City's staff to discuss reclamation /beneficial use
options, wastewater collection system and wastewater
treatment plant design. It i.s anticipated that session
will be conducted over a 2 -day period in San Luis
Obispo. Minutes of brainstorming session will be prepared
and distributed to all concerned.
2.3 Prepare geotechnical_ report.. Perform geotechnical
investigations at the proposed facilities location. It is
assumed that a maximum of 7 drill holes will be
required. The depth of the drill. holes will be:
1 hole to 40 -foot depth
1 hole to 25 -foot depth
5 holes to 20 -foot depth
Exhibit B
February 8, 1988
Page 2 of 13
C�
Prepare a geotechnical report. Report will provide. all
geotechnical data necessary for the design of the proposed
facilities. Specifically the following information will
be presented:
o Piezometric data
for
groundwater table.
o Moisture density
test
data.
o Grain size data
o Seismic analysis (.liquefaction potential of soils).
2.4 Prepare site survey report. Determine the surveying
required to support the design of the project. Develop
topographic maps covering the -area where new facilities
would be constructed.
2.5 Eval
ion of
ioentiry agencies and c
in and provide funds
Also identify agencies
reponsibilities) that
interest. Determine
concerns. Work with
implement projects.
a stream enhancement progr
ganizations that might participate
for stream enhancement projects..
(such as those with flood control
might have a nonparticipating
their specific interests and /or
these agencies to evaluate and
Work with the Regional Board to determine how the intent
of the water quality objectives identified in the Basin
Plan and in the City's discharge requirements could be. met
through implementation of a.stream enhancement program.
Identify specific stream enhancement projects that could
be implemented. These may include (1) reestablishment of
riparian "vegetation; (2) irrigation of riparian
vegetation; (3) development of riparian parks; (4)
limiting cattle access to the stream; and (5) construction
of instream habitat improvement structures to enhance
steelhead spawning and rearing. Specific locations should
be identif -ied, and the cooperation of riparian landowners,
where necessary, should be sought.
Exhibit B
February 8, 1988
Page 3 of 13
Develop conceptual designs for the specific projects and
evaluate them on the basis of cost, overall benefits to
the community, and compatibility with Regional Board and
Basin Plan requirements. Prepare a letter report
summarizing the results of Task 2.5.
2.6 Evaluate use of reclaimed, water for agriculture irrigation
And landscape irrigation. Identify areas that are likely
candidates for irrigation. Review available soils data
and take soil samples from representative areas. Analyze
soils for chemical constituents plus such characteristics
as cation exchange capacity and sodium adsorption ratio.
Determine the chemical characteristics of the San Luis
Obispo wastewater treatment plant effluent. Evaluate the
compatibility of the effluent with the area soils.
Determine whether there is likely to be a market. for
reclaimed water. For agricultural irrigation, this will
involve_ discussions with local ranchers and farmers and
others who may have insight into local agriculture, such
as the county agricultural extension agent. For landscape
irrigation, facilities such as parks, golf courses, school
yards, cemeteries, industrial parks, and landscaped
highway medians are the most likely reuse sites.
Based on the above work, identify existing and potential
landscape vegetation and potential crops for the area.
Determine the compatibility of the effluent chemical
characteristics with the vegetation and crops, and prepare
preliminary conceptual designs for irrigation projects.
The main purpose of this step is to identify probable.
costs. Determine whether the irrigators will be able to
afford the price of reclaimed water and, if not, determine
the degree to which the City would be willing to subsidize
the sale of reclaimed water. It must be remembered that
the agricultural irrigator will, in addition to having to
pay for delivery of reclaimed water to his property line,
also incur costs for irrigation equipment,' pumping, and
operation of the irrigation system. Landscape irrigators
Tay need water delivered at a suitably high. pressure.
Some uses, particularly for landscape irrigation, may also
Exhibit B
February 8, 1988
Page 4 of 13
C
require higher treatment levels. Prepare a letter report
summarizing the results of Task 2.6, including costs.
2.7 Evaluate indirect (subsurface) discharge of effluent to
Laguna Lake. Identity potential Laguna- Lake discharge
projects.
Through discussions with the Regional Board and the
California Department of Health Services, document the
discharge requirements and treatment level needed for
specific discharge methods. Specific constituents for
which requirements must be determined include 5 -day
biochemical oxygen demand (BOD5), ammonia- nitrogen, and
nutrients (nitrogen and phosphorus). In addition, because
Laguna Lake is currently used as a body - contact
recreational impoundment, Title 22 requirements for those
types of water reclamation projects may apply. Prepare a
letter report summarizing findings.
Prepare a final report on beneficial use options. The
report will summarize the development and analysis of all
options developed and will recommend a beneficial use
program.
2.8 Review existing source detection data. Collect and review
existing smoke testing data. Collect and review existing
TV inspection dada.
2.9 Initial field work. Perform initial source detection work
in Basins B, D, E, and H. Before any sewer rehabilitation
or extensive source detection work is performed in these
basins a cost - effectiveness evaluation is needed to
determine the optimum combination of sewer rehabilitation,
relief sewer construction, treatment plant modifications,
and flow equalization. Intensive flow monitoring will be
Performed in these basins and existing smoke testing and
television inspection data will be reviewed. A
cost- effective evaluation will be conducted based upon the
above data to determine if any portions of the four basins
are cost- effective to rehabilitate. If rehabilitation is
cost- effective, additional source detection may be
necessary to determine the appropriate rehabilitation
methods for each sewer reach. Following subtasks will be.
Exhibit B
February 8, 1988
Page 5 of 13
C� !
performed to identify sewer reaches with I/I and to
perform .a. cost - effective evaluation to determine if the
reaches should be evaluated.
o Conduct an intensive flow monitoring program with
approximately 12 temporary flow monitors in Basins B,
D, E and H to identify portions of the Basins with
high- I/I rates. The intensive flow monitoring
program will be conducted as a cooperative effort
between Brown and Caldwell and City. The monitor
calibrations will be checked by the City collection
.System maintenance crews.
o Perform flow data analysis to determine I/I rates
from each subbasin.
2.10 Develop alternative_ to handle I /I. flows. I/I flows can
be handled by one or more of -the following: sewer
rehabilitation, relief' sewers, in -line or off -line
storage in the collection systems, storage at the
treatment plant, and expanded treatment plant. Develop
above options for analysing Task 2.11.
Individual subbasins developed in Task 2.9 will e
identified for potenti l al rehabilitation.
Develop alternatives for in -line and off -line storage in
the collection system_. Develop treatment plant
modifications including enlarged influent pump station
and grit removal facilities, additional primary
clarifiers, new equalization basins, and increased
overall.hydraulic capacity.
2.11 Evaluate_ alte.rnatives__to, handle I/I flows. Evaluate the
Alternatives developed in Task 2.10 to determine the best
approach for the City to handle I /I.
Perform a detailed cost - effectiveness evaluation to rank
the alternatives by their cost - effectiveness. The
Analysis will be based upon life - cycle costs and account .
for the various projected useful_ lives of the
alternatives. The analysis will also account for
Exhibit B
February 8, 1988
Page 6 of 13
C
differences in operational, maintenance, and power
costs.
Evaluate other factors such as community disruption,
environmental disruptions, and reliability, for the
Alternatives.
2.12 Develop collection preliminary design and
implementation_ program. Collect existing information on
potential major- utility interferences from the
appropriate utility companies. Obtain and review
as- built information on existing sewers.
Develop alternatives for relief and' replacement sewer
alignment and storage basin placement. Alternative
alignments and preliminary profiles for relief,
replacement and new sewers will be developed at 1" = 400'
scale.
Evaluate alternatives to recommend the best
alternatives. Develop preliminary cost estimates and
study non - economic factors such as community disruptions,
environmental disruptions and implementation program for
each alternative.
Develop preliminary design of the recommended
Alternatives. The preliminary design will include the
following:
o Detailed design criteria
o Hydraulic design
o Detailed preliminary cost estimate
Develop an implementation program for the selected
improvements to the collection system. The
implementation plan will show the recommended schedule of
construction and revenue program. The recommended
alternatives will be divided into several construction
packages. The project size will be based upon the
bonding capacity of local pipeline construction firms.
Exhibit B
February 8, 1988
Page 7 of 13
�i
Prepare a preliminary design and program management
report. The report will summarize the development and
analysis of the projects and present the recommended
design and. construction scheduled and preliminary cost
estimates. The report will also include the preliminary
design bt the projects including design criteria,
recommended design flow, vertical and horizontal
alignments, pipe diameters, rehabilitation methods, and
storage location and size:. Drafting. and surveying
standards will be included to help ensure high quality
designs that provide the necessary improvements in the
collection system. New, relief, and replacement sewers
will be shown in plan and profile. Sewer rehabilitation
will be shown in plan. Design of proposed improvements
will be performed by others.
2.13 Prepare-treatment plant basis -of- design report. Prepare
basis -of- design report for the recommended modifications
to the treatment facilities. This report will focus on
refinements to the design criteria for the proposed
treatment facilities, based on the outcome of the
reclamation /beneficial use studies and the collection
system studies. The report will also include:
• Major process and instrumentation diagrams.
• Major process equipment list.
• Plant layout.
• Process flow diagrams and hydraulic capacity
determinations.
• Preliminary construction cost estimate..
• Design and construction schedule.
2..14 Predesign review. Conduct predesign review meeting with
Brown and Caldwell Review Board and the City engineering
and operations staff. Make formal presentation to the
City council if requested. Incorporate comments and
submit the final report.
Exhibit B
February 8, 1988
Page 8 of 13
C O
3.1 Identify underground utilities. Review the existing
drawings and - identify the pot -:hole locations for iden-
tifying underground utilities in the immediate vicinity
of the proposed facilities and pipelines. Information on
pipe size, service type, depth and location of pipelines
will be developed for detailed design. This task does
not include the pot- holing effort.
3.2 Prepare plans and specifications for bidding purposes.
Design new facilities as recommended by the predesign
report. For determination of effort required for this
task, it is assumed that number, sizes and locations of
all proposed facilities will be as discussed in
Wastewater Management Plan for stream discharge
alternative. The above assumptions will be validated
during the predesign phase and scope of work adjusted
accordingly. Detailed design will include design of the
following facilities /structures:
o Screening facility
• Preaeration /grit removal tanks
• Expanded influent pumping station
• New 36 -inch effluent line.
• Potable water line to chlorination facility
• Sulfur dioxide evaporator
• Submerged creek discharge structure
• Digester spill "containment berm and return pump
• Facultative sludge lagoon
• Electrical system improvements
o New electrical building
o .Activated sludge aeration tank
Exhibit $
February 8, 1988
Page 9 of 13
• Secondary clarifiers
• Return activated sludge and waste activated sludge
pumping stations
• Blower building
o Motor control center building
o Dissolved air flotation thickener
The design of above facilities will include architectur-
al, civil, structural, mechanical, electrical, and in-
strumentation disciplines. Demolition and removal of
existing facilities to be abandoned will be included in
the design.
Architectural design will include basic building layouts,
selection of building materials, and interior and ex-
terior treatment of the buildings.
Civil design will include site layouts, computation of
survey control data and paving, grading, landscaping,
drainage, outside piping, and other civil engineering
items for the project.
Structural design will include design of foundations,
buildings, process structures; piping supports, hand
rails, repair and modifications to existing structures,
and miscel- laneous special construction.
Mechanical design will include final selection of mechan-
ical equipment, arrangement of equipment and piping, and
process schematics showing related controls, piping, and
power features. Mechanical design also includes modifi-
cations to existing equipment and piping, where necessary
fo"r the work.on this project.
Electrical design will include service analysis of power
Utility service, determination of power - requirements, de-
sign of electrical. distribution system, motor control
centers, lighting and circuit diagrams and electric
motors and switchgear.
Exhibit B
February 8, 1988
Page 10 of 13
Instrumentation design will include an evaluation of
specific control systems for various processes and
systems specified. Under this task, control panels will
be designed, control systems configured and display
components selected.
3.3 Design reviews. Conduct design ,reviews with in -house
Design Review Board at roughly 40 percent and 70 percent
- design completion levels. Invite City staff to these
design reviews.
Incorporate review comments in design documents.
3.4 Prepare project schedule. Prepare design and
construction schedule updates to the schedule presented
as part of the basis -of- design report. The schedule
updates will be at 40 -, 70 -, and 90- percent completion
levels.
3.5 Prepare construction cost estimates. Update estimates of
project construction cost, developed as part of the
basis -of- design report, at various design completion
stages. Submit to the City these updates at 40 -, 70 and
90- percent completion level. Present these cost
estimates categorized by major project components.
During the early design phase, develop the estimates of
project components from historical data of similar
projects adjusted for unique aspects of this project.
Prepare later phase estimates of more fully designed
components from. unit costs in a Construction
Specifications Institute (CSI) format.
3.6 Value engineering. Throughout the project provide a
review of the. developing design by construction
specialists, process specialists and engineering
discipline specialists. These specialists and City
staff, principally plant operations personnel, will
identify and evaluate value engineering recommendations
to the design team and the City. Cost estimators will
perform tradeoff studies and cost evaluations of various
approaches, materials and methods. The design team will
review value engineering recommendations and propose
Exhibit B
February 8, 1988
Page 11 of 13
changes in design to the City for concurrence. Value
engineering recommendations, which change the design
already completed, will be incorporated under special
engineering services.
3.7 Cost planning and monitoring. Establish a cost planning
and monitoring process to aid in predicting and
containing final project cost and enhancing value. This
process will begin with the cost estimators who
participate in Task 3.6, assisting the design team and
the City at approximately 10 percent design to establish
a project. Cost Model composed of component budgets.
Components will include both discrete project elements
such as process unit that can reasonably be foreseen and
also appropriate contingencies for those elements which
cannot be foreseen at the start of the project. The
design team and cost estimators will set component
budgets based on historical cost data and judgment. The
sum of all the individual component budgets will be the
Cost Model.
At 40 -, 70- and 90- percent estimates, cost estimators
will prepare cost estimates in the format of the Cost.
Model as defined in Task 3.5 above. The estimate will
display the budgeted cost, an estimated cost and cost
variance. Significant variances between budgeted and
estimated "component costs will focus value engineering on
that component.
368 Prepare bidding plans and specifications. Coordinate
preparation of plans and specifications for bidding
purposes. Prepare_ one reproducible copy of plans and one
camera ready set of specifications for City's use in
preparing bid documents.
4.1 Provide bidding assistance. Provide assistance to the
City during the bidding of the proposed project. The
services under this task will include the following:
o Attend a pre -.bid conference and .respond to questions
during the bid period.
o Prepare all addenda to the contract documents.
Exhibit B
February 8, 1988
Page 12 of 13
0 Assist the City in evaluations of bids and in
selection of construction contractor.
Exhibit B
February 8, 1988
Page 13 of 13
G
EXHIBIT C
COMPENSATION
Compensation for services provided under Article IIB,
"Scope of Engineering Services," shall be in accordance with the
methods described in this Exhibit and the specific amounts shown on
the attached schedule, or as may be later mutually agreed to.
Compensation for each authorized task or project shall be
on the basis of one of the following types of compensation:
1: Firm Fixed- Price
2. Cost Reimbursement.
3. Per Diem Rate
4. Hourly Rate
I. FIRM FIXED -PRICE
Compensation for each authorized firm fixed -price task
shall be as listed on the attached schedule, or as may be mutually
agreed upon at the time of the work if authorized.
II. COST REIMBURSEMENT
Compensation for each authorized cost reimbursement task
shall be the sum of the cost reimbursement portion and the fixed
professional fee for each task listed on the compensation schedule
included herein, subject to such later mutually accepted
modifications in writing as may be allowed herein.
The cost reimbursement portion of the compensation shall be
the sum of direct labor costs, indirect costs, and other direct
costs, as herein defined. The cost reimbursement for each
designated engineering service shall. not exceed the cost ceiling
listed in the compensation schedule without formally amending this
Agreement.
Exhibit C
February 8, 1988
Page 1 of 7
O
1. Direct Labor Costs. Direct labor costs shall be the
total" number of hours worked on the job by each
employee times each employee's regular time rate.
Direct labor costs shall not. include any distribution
of profits. _
2. Indirect Costs. Indirect costs shall be the product of
all direct labor costs multiplied by an overhead rate
of 1.85.
3. Other Direct Costs. Other direct costs shall be billed
at cost and shall include the following:
a. Services directly applicable to the work, such as
special legal and accounting expenses; computer
rental and programming costs; special consultants;
borings; laboratory charges; commercial printing
and binding; and similar costs that are not
applicable to general overhead.
b. Identifiable reproduction costs applicable to the
work, such as printing of drawings, photostating,
multilithing, printing, and similar costs.
C. Identifiable communication expenses, such as
long - distance telephone, telecopying, telegraph,
cable, express charges, and postage other than for
general correspondence.
d. Living and traveling expenses of employees when
away from home office on business connected with
work.
e.. Automobile expenses at Engineer's current mileage
rate.
f. Subcontracted services.
4. Fixed Professional Fee.
engineering services shall
attached schedule for each
fee shall not be.modified
scope or there is a delay
in authorizing one or more
Fixed professional fee for
be the amount listed in the
authorized task. The fixed
unless there is a change in
of more than six ('6) months
of the tasks.
Exhibit C
February 8, 1988
Page 2 of 7
G o
5. Limitation of Cost and Time. It is estimated that the
total cost ceilings for Planned Engineering Services
given in Section VeA of this Exhibit and the time for
completion given in. this Agreement will not be
exceeded. The Engineer agrees to use his best •efforts
to perform the work .specified in Exhibit B within the
estimated cost and time of .completion.
If, at any time,. the Engineer has reason to believe
that the total cost or time for the performance of
work under this Agreement will be greater or
substantially less than the estimated ceiling cost or
estimated time of completion .given in this 'Agreement,
the Engineer shall immediately notify the Owner in
writing.
III. PER DIEM RATE
Compensation for each service or task authorized on a per
diem basis shall be the sum of per diem labor charges and other
direct costs. Reimbursement for services performed on a per diem
basis shall not exceed the price ceiling listed in the compensation
schedule without formally amending this Agreement.
1. Per Diem. Labor Cost. Per diem labor cost shall be the
total number of days or parts thereof worked on the
job by each employee, times the appropriate per diem
billing rate "shown on the schedule approved at the time
of authorization. Per diem billing -rates cover direct
labor", indirect costs, plus professional fee. The
tabulation of per diem billing rates shall designate
the effective date, and, identify those portions
of the per diem rate which are allocable to direct
labor, overhead, and professional fee. Billing
rates shall be revised annually, or more often as
mutually agreed, to reflect relevant changes in
engineering salary costs. Revisions of the billing
rate tabulation shall be approved by the Owner. .
2. Other Direct Costs. Other direct costs shall be billed
at cost and shall include the following:
Exhibit C'
February 8, 1988
Page 3 of 7
0 0
a. Services directly applicable to the work, such as
special legal and accounting expenses; computer -
rental and programming costs; special consultants;
borings; laboratory charges; commercial printing
and binding; and similar costs that are not
applicable to general overhead.
b. Identifiable reproduction costs applicable to the
work such as printing of drawings_, photostating,
multilithing, printing, and similar costs.
C. Identifiable communication expenses such as
long = distance telephone, telecopying, telegraph,
cable, express charges, and postage other than for
general correspondence.
d. Living_ and traveling expenses of employees when
Away from home office on business connected with
work.
e. Automobile expenses at Engineer's current mileage
rate:
f. Subcontracted services.
IV. HOURLY RATE
Compensation for each service or task authorized on an
hourly rate basis shall be' the sum of hourly.labor costs and other
direct costs, as herein defined. Reimbursement for services
performed_ on an hourly rate basis shall not exceed the price .
ceiling listed in the compensation schedule without formally
amending this Agreement.
1. Hourly Labor Cost. Hourly labor cost shall be the.
total number of hours worked on the job by each
employee times, the appropriate billing rate. The
billing rate for each category of employee shall be set
forth in a rate schedule agreed upon at the time of
authorization of hourly rate work. Billing .rates shall
be revised annually, or more often as mutually agreed,
to reflect relevant changes in engineering salary
costs. Revisions of the tabulation of hourly billing
rates shall.be approved by the Owner.
Exhibit C
February 8, 1988
Page 4 of 7
C�
13
2. Other Direct Costs. Direct nonsalary cost shall be
actual costs and shall include the following:
a. Services directly applicable to the work such as
special legal and accounting expenses; computer
rental and programming costs; special consultants;
borings; laboratory charges; commercial printing
and binding; and similar costs that are not
applicable to general overhead.
b. Identifiable reproduction costs applicable to the
work such as printing of drawings, photostating,
multilithing, printing, and similar costs.
C. Identifiable communication expenses such as
long-distance telephone, telecopying, telegraph,
cable, express charges, and postage other than for
general correspondence.
d. Living and traveling expenses of employees when
away from home office on business connected with
work.
e. Automobile expenses at Engineer's current mileage
rate.
f. Subcontracted services.
V. COMPENSATION SCHEDULE
For each task authorized 'under this Agreement, compensation
shall be in accordance with. the applicable portions of this
Agreement and the following schedule:
A. PLANNED ENGINEERING SERVICES
Compensation for the Planned Engineering Services
(Article IIB.1) shall be as follows:
Basis of compensation Cost reimbursement
Cost ceiling $932,535
Fixed Professional fee $114,500
Professional fee payable Proportional to
per billing period the work completed.
Exhibit C
February 8, 1988
Page 5 of 7
Q O
B. FOLLOW -ON ENGINEERING SERVICES
Compensation for Follow -on Engineering services
(Article IIB.2) shall be agreed at the time of
authorization. An allowance of $319,500 shall be
established for such Follow -on Engineering Services as
may be authorized, by the City in accordance with
Article IIB.2. This allowance shall not be increased_
without an amendment to this Agreement.
Basis of compensation.
C. SPECIAL ENGINEERING SERVICES
Compensation for special engineering services
(Article IIB.3) shall be agreed to at the time of
authorization. An allowance of $137,000 shall be
established for such special, engineering services as
may be authorized' by the City in accordance with
Article IIB.3. This allowance shall not be increased
without an amendment to this Agreement.
VI. INVOICES
Charges for reimbursable costs determined in accordance
with this Exhibit shall be billed to the Owner in summary form at
four -week intervals.
1. Firm_ Fixed -Price Invoices. Invoices for firm fixed -
price tasks shall be based on the percentage completion
of the work, as.determined by the Engineer and approved
by the Owner.
2. Cost Reimbursement Invoices. Invoices for cost
reimbursement tasks shall present the su_m of all direct
labor, indirect costs, and other direct costs incurred
during the billing period plus a percentage of the
fixed professional fee. Direct labor charges will be
summarized as total hours and total cost for
professional, technical, and clerical personnel
categories. The amount of fixed professional fee due
for the billing period will.be given.
Exhibit C
February 8, 1988
Page 6 of 7
3. Per Diem Invoices. Invoices for per diem tasks shall
present the sum of labor charges and direct costs
incurred during, the billing period. Labor charges
shall be computed by multiplying the total number of
days and parts thereof expended within each labor
category by the applicable per diem rate.
4. HourlyRate Invoices. Invoices for hourly rate tasks
shall- present the sum of labor charges and direct costs
incurred during the billing period. Labor charges
shall be computed by multiplying the total number of
hours expended within each labor category by the
applicable hourly rate.
Exhibit C
February 8, 1988
Page 7 of 7
ATTACHMENT N0. 1
1
1
1
Wastewater Management Plan Implemenation Revised Agreement
Task Costs
Task No. Task Description Costs
1.0
Proj Management
$0.00
Per Diem
$4,000.00
1.1
Management plan
$0.00
1.2
SRF Financing
$0.00
2.1
Kickoff /WDR
$0.00
2.2
Brainstorming
$0.00
2.3
Geotechnical
$16,632.00
2..4
Site Survey
$6,237.00
2.5
Stream Enhancement
$0.00
Wesco
$4,500.00
2.6
Ag Irrigation
$0.00
2.7
Laguna Lake
$0.00
2.8
Source Detection
$0.00
2.9
Field Work
$0.00
Flow Monitoring
$6,750.00
2.10
I/I Alternatives
$4,236.80
2.11
I/I Analysis
$15,753.60
Total
$58,109.40
't Q
L •
RESOLUTION N0. 6398 (1988 SERIFS)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING A
PAVEMENT MANAGEMENT PLAN
4MMAS, The City retained the services of CHEC Consultants Inc. to
evaluate.the pavement design and maintenance practices of the City and to
prepare and install a pavement management system; and
4MRFAS, said evaluation of design and maintenance practices has been
completed; and
0
4111EREAS, Said Pavement Management System is installed and operational;
wHEREAS, The Pavement Manageiment System has identified a backlog of
overlay and reconstruction projects costing $2,430,000
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Pavement Management Plan hereto marked Exhibit "A" and
incorporated herein by reference is hereby approved. This plan includes
policies, goals, and actions for implementation and will guide management
of pavement design, maintenance, rehabilitation and reconstruction.
SECTION 2. The policies will be incorporated into Engineering
Standards as the Standards are revised.
SECTION 3. An additional $140,000 is identified from unappropriated
General Fund revenues for the Streets /Pavement Program of the Capital
Reinvestment Plan in FY 1988 -89.
R6398
Resolution No. 6398 (I(7 Series)
Page 2
C
SECTION 4. The City Clerk shall furnish a copy of this resolution and
a copy of the approved Pavement Managenent Plan to the Directors of the
Public Works, Commmumity Development, and Finance Departments
on motion of Councilman --Settle , seconded by;Mayor Dunin
and of the following roll call vote:
AYES: Councilmembers Settle, Mayor Dunin, and Reiss
NOES: Councilwoman Pinard
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 16th day of
February 1988.
ATTEST R I '
V
CITY CLE4K PAM VOGE4 'F
City nistrative Officer
F' hector
Camm3n ty Development Director
PMAYOR RON DUNIN
* s s* s• s s
City Att Tw
C�r
Public Works Director
City ineer
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RESOLUTION NO. 6397 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AWARDING A CONTRACT TO L A INTERIOR SYSTEMS FOR
THE PROJECT TO PROCURE FURNISHINGS FOR 955 MORRO STREET
WHEREAS, the City of.San Luis Obispo advertised for bids on a
contract for the project to procure furnishings for 955 Morro
Street (City Plan No. M50D); and
WHERF.AR,.L A Interior Systems submitted the lowest responsive
bid at $126,335.47; and
WHEREAS, the architect's estimate for this contract work was
$253,000.00;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San
Luis Obispo to:
1. award the contract to L A Interior Systems for the project to
procure furnishings for 955 Morro Street;
2. authorize the mayor to execute the contract documents; and
3. direct the finance director to transfer $136,000.00 from the
capital outlay fund CRP appropriation to account number
040 - 9422- 091 -573.
On motion of Mayor Dunin seconded by
Councilman Reiss and on the following roll call vote:
AYES: Councilmembers Mayor Dunin, Reiss, Pinard, and Settle
NOES: None
ABSENT: Councilwoman Rappa
the foregoing resolution was passed and adopted this 16th day
of February 1 1988.
MAYOR Ron Dunin
ATTEST•
CITY ERK Pam Voges
APPROVED:
R6397
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C •
RESOLUTION N0.6396 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1544 (LAGUNA
GARDEN HOMES - PHASE III) LOCATED AT 786 MIRADA DRIVE
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative map of
Tract 1544 and the Planning Commission's recommendations, staff recommendations, and
reports thereon, makes the following findings:
The design of the subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in a
R -1 and C /OS =40 zones.
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 City Council has reviewed the revised initial study prepared by the Community
Development Director and determined that the proposed subdivision will not have a
significant effect on the environment and hereby grants a negative declaration.
6. Buildings which will be constructed as part of this subdivision will be afforded
adequate solar exposure.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1544 be
subject to the following conditions:
Setback along the Mirada Drive /Cordova Drive frontage of this project shall be as
specified by conditions of Use Permit A 159 -87.
2. Landscaped "bulb -outs" provided along the west side of the private street shall be
modified to the approval of the Architectural Review Commission and the Community
Development Director.
3. Grading and alignment of driveways at Diablo Drive and Cordova Drive shall be revised
to the approval of the Community Development Director and City Engineer.
4. Street cross section, curb, and individual driveway design shall be revised to the
approval of the City Engineer and Community Development Director to prevent drainage
from flooding garages or landscaped areas.
R6396
O �
Resolution No. 6396 (1988 Series)
Page 2
5. Public and private storm drainage catch basins, connection points, etc.; shall be
revised to the approval of the. City Engineer. Individual water and utility meters
shall be provided for each unit.
& Sewer and water mains in the private streets shall be public and, shall be located in
a utility easement to the approval of the City Engineer.
7. Subdivider shall record an irrevocable offer to dedicate a 12 400t utilities easement
between the private street and the northwesterly boundary of the tract to provide for
possible future extension of public sewer and water mains to the approval of the City
Engineer. This easement may be reduced to not less than 8 -feet in width if the
developer installs the utility line extensions to the approval of the City Engineer.
8. Subdivider shall prepare conditions, covenants, and restrictions 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 homeowner's association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common area including private
driveways, private utilities, drainage, parking not area, walls and fences,
lighting, and landscaping in a first class condition.
b. Grant to the city the right to maintain common area if the homeowner's
association fails to perform, and to assess the homeowner's 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
carports and uncovered parking spaces 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. Homeowner's association shall file with the City Clerk the names and addresses
of all officers of the homeowner's association within 15 days of any change in
officers of the association.
9. Units in the subdivision shall be addressed according to an addressing plan approved
by the Community Development Department.
Resolution No. 6396 (1988 Series)
Page 3
10. Construction of structures on the site shall be consistent with approved tentative
map and attached exhibits, consistent with these conditions of approval, and the
requirements of the Architectural Review Commission.
11. Each lot shall be provided with individual sewer, water and utility connections.
12. Subdivider shall dedicate additional right -of -way needed for installation of curb
returns and handicap access ramps at Diablo Drive and Cordova Drive entrances to the
subdivision.
13. Subdivider shall provide a soils report specifically addressing ground water
conditions affecting slab type foundations.
14. Driveway ramps for right -angle common driveways shall be widened to 20 feet, to the
approval of the Community Development Director and Architectural Review Commission.
15. Street repairs required due to utility and storm drain installation shall be to the
approval of the City Engineer. Blanket pavement of streets may be required .
16. Westerly side of entrance drive at Diablo Drive shall be widened to align with the
driveway across the street, to the approval of the City Engineer.
17. City condominium requirements for private open space shall be met in the final
building designs; minimum setback between back of curb and any building for lots 1 -
17 shall be 15 feet.
18. A detailed plan for landscaping_ , grading, and retaining walls, including possible
consequent redesign of unit 18 at the corner of Mirada and Diablo shall be submitted
to the Architectural Review Commission for approval. In reviewing this plan, the
Architectural Review Commission shall explicitly consider the sight distance and the
visual significance of the corner as an entry into the residential neighborhood.
19. The treatment of lots, the rear walls, fences and grading of 2 - 5 shall be subject
to the review and approval of the Architectural Review Commission. In reviewing this
item, the Architectural Review Commission shall explicitly consider methods for
reducing retaining wall and fence height to provide a visually compatible interface
between this subdivision and the rural lands to the west.
20. Curbside parking on the private street near Cordova Drive shall be subject to the
review and approval of the City Engineer to insure adequate sight distances.
On motion of Councilman Settle seconded by Councilman Reiss
and on the following roll call vote:
AYES: Counclmembers Settle, Reiss, Pinard, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
IN
Resolution No. 6396 (1988 Series)
Page 4
W
the foregoing resolution was passed and adopted this 16th day of February
1988.
ayor Ron Dunin
,,7L U, ,-, -
Cityl\Clerk Pam V es
APPROVED
City Ad inistrative.Officer
City At rney
Community Development Director
I' - ,f ,
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RESOLUTION NO. 6395 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF AN EXCEPTION TO SECTION 17.78.210 OF
THE GRADING ORDINANCE FOR TENTATIVE TRACT;NO. 1544 (LAGONA
GARDEN HOMES - PHASE III) LOCATED AT 786 MIRADA DRIVE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTIWI. Findings That this council, after consideration of the grading plan for
Tentative Tract 1544 and the Planning Commission's recommendations, staff recommendations
and reports thereon, makes the following findings:
1. The conditions of approval of Tentative Tract No. 1544. will assure that approval of
the grading plan does not constitute a grant of special privilege inconsistent with
the limitations upon other properties in the same vicinity.
2. The strict literal application of the grading design standards deprives the subject
property of privileges enjoyed by other properties in the vicinity ;because of the .
following special circumstances which apply to the subject property:
A. The narrow shape of the site.
B. The excessive street setback area required by Zoning Regulations.
C. The site has previously been graded and is no longer in a `natural condition.
3. Under the circumstances of this particular case, the exception is in conformity with
the purposes of this chapter as set out in Section 14.44.020.
SECTION 2. Action. An exception to the design standards of the Grading Ordinance is
approved, allowing less than 40 percent of the site, exclusive of building area, to
remain in its natural state, as shown on the approved grading plan for Tentative Tract.
No. 1544.
On motion of Councilman Settle . seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
R6395
Resolution No. 6395 (1988 Series)
Page 2
the foregoing resolution was passed and adopted this 16th day of February
1988.
or on
ATT T:
City lerk Pam A& es
APPROVED
City Administrative Officer
City Attor y
Community Development Director
v
0 0
RESOLUTION NO. 6394(1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL AND APPROVING CONDITIONAL USE PERMIT
APPLICATION A 159 -87 FOR STREET YARD REDUCTION AND FENCE
HEIGHT EXCEPTION FOR PROPERTY LOCATED AT 786 MIRADA DRIVE
WHEREAS, the applicant requested a use permit permit reduce the street yard setback
from 20 feet to 12 feet and to allow a 6 -foot high fence where a 3.6 foot high fence is
normally allowed on the Mirada Drive frontage.
WHEREAS, on December 2, 1987, the Planning Commission denied conditional use permit
application A 159 -87; and
WHEREAS, on December 5, 1987, the applicant's representative appealed the Planning
Commission's action to the City Council; and
WHEREAS, on January 5, 1987, the City Council conducted a duly noticed public hearing
to consider the testimony of the appellant and other interested parties;
NOW, THEREFORE, 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 tentative map of
Tract 1544 and the Planning Commission's recommendations, staff recommendations, and
reports thereon, makes the following findings:
The proposed fence height exception and street yard exception will not adversely
affect the health, safety, and welfare of persons residing or working on the site or
in the vicinity.
2. No public purpose will be served by strict compliance with the fence height
regulations and setback requirements.
3. The fence height and setback exceptions are consistent with the intent of zoning
regulations standards to provide an appropriate pattern of building masses and open
space within the neighborhood and to provide exposure to sunlight.
SECTION 2. Action. The appeal by the applicant's representative is upheld, and use
permit application A 159 -87 is approved subject to the following conditions:
Dr In /.
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Resolution No6394(1988 Series)
Page 2
A setback of not less than 10 feet shall be provided between Mirada Drive and private
open space areas required by condominium development regulations.
2. A retaining wall /screen fence not to exceed 6 feet in height may be constructed along
the Mirada Drive frontage with a setback of not less than 4 feet. Grading and
landscaping of the area between the back of sidewalk and wall /fence shall be
completed by the applicant in accordance with a plan approved by the Architectural
Review Commission.
3. Landscaped area shall be provided at the intersection of Diablo Drive and Mirada
Drive, and the fence shall not encroach into this area; details of the fencing and
landscaping treatment shall be subject to Architectural Review Commission review.
On motion of Councilman Settle seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing resolution was passed and adopted this 16th day of February
1988.
Mayor Ron Dunin
APPROVED
City A ministrative Officer
City Att ney
Community Development Director
iz
C i
RESOLUTION NO. 6393 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING
THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE
SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 7, 1988, WITH THE
STATE -WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF
VOTING ON THE ADOPTION OF TWO PROPOSITIONS
WHEREAS, the City Council of the City of San Luis Obispo has adopted
Resolution Nos. 6391 and 6392 (1988 Series) (copies attached and
incorporated by reference herein) calling a special election to be held on
Tuesday,
June 7, 1988, for the purpose of voting on propositions as described
herein;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Board of Supervisors of the County of San Luis Obispo
is hereby requested to order the consolidation of the Special Municipal
Election with the State -wide Primary Election to be held on Tuesday,
June 7. 1988, and said Board of Supervisors is authorized hereby to
canvass the returns of the election hereby called and the election shall
be held in all respects as if there were only one election and one form of
ballot, namely the ballot used at such primary election shall be used.
The precincts, polling places and officers of election for the Special
Municipal Election hereby called shall be the same as those provided for
said State -wide Primary Election and as set forth in Section 23312 of the
Elections Code.
Said Board of Supervisors shall certify the results of the canvass of
the returns of such Special Municipal Election to the Council of the City
of San Luis Obispo, which shall thereupon declare the results thereof.
SECTION 2. The Board of Supervisors is hereby requested to issue
instructions to the County Clerk to take any and all steps necessary for
R6393
Resolution No. 6393 (1988 Series)
Page 2
the holding of said Special Municipal Election. The City will pay its pro
rata share of extra costs incurred by the County in consolidating the
elections pursuant to Section 51350 of the Elections Code.
SECTION 3. The propositions to be voted on at said Special Municipal
Election shall be as set forth on Exhibit "A" attached hereto and
incorporated herein by reference.
SECTION 4. The City Clerk is hereby directed to file certified copies
of this resolution with the Board of Supervisors, the County Clerk and the
Registrar of Voters of the County of San Luis Obispo.
SECTION 5. Pursuant to Sections 4015.5 and 5014.5 of the Elections
Code, rebuttal arguments will be permitted, and shall be filed with the
City Clerk not more than 10 days after the final date for filing direct
arguments.
SECTION 6. The City Clerk shall certify to the passage and adoption
of this resolution.
On motion of Councilman Settle , seconded by Councilwoman Rapp a, and
on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 2nd. day of February,
1988.
YOR RON DUNIN
ATTES
CITY CLERK PAMELA VO S
0
Resolution No. 6393 (1988 Series)
Approved:
V
City Ad inistrative Officer
City Attf6rneyV
Q,, (-z AA
Ci Clerk 6
•
Page 3
,��GlSY1fslk� '° :�'IeC)WtL 1
• •
Q
EXHIBIT "A"
B I N D I N G M E A S U R E S
CITY MEASURE "D"
Shall the Mobilehome Ad Hoc Committee's YES Q
recommended amendments to the existing NO
Mobilehome Rent Regulations be adopted?
CITY MEASURE "E"
Shall the proposed initiative ordinance YES 0
establishing new Mobilehome Rent Regulations NO
be adopted?
I
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RESOLUTION NO. 6392. (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDAY, JUNE 7, 1988, AND TO BE
CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION TO BE
HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON PROPOSED
ORDINANCE CONCERNING MOBILEHOME RENT REGULATIONS
WHEREAS, the Charter of the City of San Luis Obispo and state law
provide for the City Council to place an ordinance before the voters for
consideration; and
WHEREAS, the City Council desires to submit to the voters at the
election a question relating to mobilehome rent regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. There is hereby called and ordered in the City of San Luis
Obispo, State of California, on Tuesday, June 7, 1988, a Special Municipal
Election of the qualified electors of the city, to be consolidated with
the Statewide Primary Election, to vote upon an ordinance to establish
mobilehome rent regulations.
SECTION 2. That the City Council pursuant to its right and authority
does order submitted to the voters at the Special Municipal Election the
following question:
CITY MEASURE
Shall the proposed initiative ordinance YES
establishing new ! mobilehome lent regulations NO Q
be adopted?
SECTION 3. That the proposed measure submitted to the voters is as
follows:
"BE IT ORDAINED by the People of the City of San Luis Obispo as
follows:
R 6392
G 1
Resolution No. 6392 (1988 Series)
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd. day of February,
1988.
VWMMON
ATTE T`:-,\
CITY�CLERK PAM VOG
L7i23i1%*111
ty A inistrative Officer
City_.At rney V
VL,d Al
City Clerk
v
?orviiCiL)d
&Conk
i
OrdinanC\ 'of the City of San Luis Obisp.A. to establish
Mobile Home Rent Stabilization
The People of the City of San Luis Obispo do ordain and enact as follows:
This Mobile Home Park Rent Stabilization Ordinance rescinds the Mobile Home
Park Rent Stabilization Ordinance Chapter 5.44,.00 through 5.44.140 along
with amendments for Section 5.44 Subsection 5.44.36 (E), Subsection 5.44.70
(B and C) Subsection 5.44.60 (B. 2), as well any and all City Ordinances
which are inconsistent with this initiative Ordinance and replaces it with
the followings
Sections:
1. Purpose and intent
2. Definitions
3. Exemptions
4. Hearing Officer - Established
'•5. Duties of Hearing Officer
6. Allowable increases - Allowable decreases - base space rent - determination
of current rent
7. Application for "rent increase - descrease - fee - contents - notice of
request - hearing
8. Conduct of hearing - Application for rent increase - decrease
9. Evaluation- Relevant factors - Application for rent increase - decrease
10. Hearing - determination - Application for rent increase - decrease
11. Application for rent increase - decrease - hearing - appleal
12.. Rent increases not made in conformity with provisions - homeowners right
to refuse to pay
13. Actions brought to recover possession of mobile.home space - Retaliatory
eviction grounds for denial
14. Recreational vehicles as residences
15. Civil Remedies
16. Owner to provide homeowners with a copy of this ordinance
17 • Safe Harbor
18. Vacancy decontrol
19. Severability
20. Miscellaneous
210 Majority vote needed to make changes in this ordinance
1. Purpose and Intent
A. There is presently, within the City of San Luis Obispo and the surrounding
areas, a shortage of spaces for the location of mobile homes. Because of
this shortage there is a very low vacancy rate, and rents have been, for
several.years, rising rapidly and causing concern among a substantial
number of San Luis Obispo residents.
B. Mobile home owners, forced by the lack of suitable alternative housing,
have had to pay the rent increases and thereby.suffer a further reduction
in their standard of living.
C. Because of the high cost and difficulty of moving mobile homes, the
potential for damage resulting therefrom,,the requirements relating to
the installation of mobile homes, including permits, landscaping and
site preparation,.the lack of alternative homesites for mobile home
residents, and the substantial investment of mobile home owners in such
homes, it is necessary to protect the owners and occupiers of mobile
homes from unreasonable rent increases, while at the same time recogniz-
ing the need of prudent park owners to receives, suitable return on
their investment, with rental income sufficient to cover necessary and
reasonable increases, including but not limited to, insurance, employee
expenses and additional amenities provided to residents.
D. It.has been found low vacancy rates and frequent rent increases are
particularly hard on residents of mobile home parks within the City
of San Luis Obispo. Large numbers of these residents are senior cit-
izens and others on fixed incomes who installed their mobile homes in
the'city when inflationary rent increases could not reasonably have
been forseen.
E. It is recognized that a rent stabilization ordinance should be fair
and equitable for all parties. The Consumer Price Index:(C.P.I.) as
a guide for a cost -of- living increase is incorporated in this ordin-
ance to accomplish that equitability.
20 . Definitions
For the purpose of this ordinance, certain_ words and phrases used,herein
are defined as follows:
A. "City" means the City of San Luis Obispo, California and any of its
officers and employees who will be involved in the application or enforce-
ment of the provisions of this ordinance.
B. "Capital improvements" are.those improvements that materially add to the
value of the property and which may be_ amortized over the useful life of
the improvement in accordance with the Internal Revenue Code and regula-
tions issued thereto; provided that this definition shall be limited to
capital improvements either approved by more than 51% of the.tenants in
the affected park or constructed to comply with the direction of a public
agency..
C. "Mobile home park" means an area of land in which are rented spaces and
amenities of the common areas for mobile home dwelling units.
D. "Mobile home park owner" or "owner" means: the owner, lessor, operator or
manager of a mobile home park.
E. "Hearing officer" or "Officer"means an individual appointed by the City
to conduct meetings between park owners and homeowners and to perform
other related activities.
C V.
F. "Mobile home owner" or "homeowner" means any person entitled to occupy
a mobile home within a mobile home park by ownership of a mobile home or
under a rental or lease agreement with the park owner.
G. "Maintenance expenses" are those expenses required to suitably repair
all facilities, services and amenities which have deteriorated beyond
the state of acceptable usage and which are owned solely by the park
owner, in compliance with the California Civil Code Provision 798.87
of the Mobilehome Residency Law.
H. "Space rent" or "Rent" means the charges.for the mobile home space and
all amenities, facilities, utilities, or services that are provided,
including use'of the common areas in a mobile home park.
I. "Investment" means the actual cost to the park owner excluding the cost
to the owner of all borrowed funds or loans for the purchase of the park
at the close of escrow.
J. "Recreational vehicle" means any recreational vehicle used for residency
in a mobile home park longer than nine (9) consecutive months for the,
purpose of a residency.
3. Exemptions
The provisions of this ordinance shall not apply to the following ten-
ancies in mobile home parks:
A•. Mobile home park spaces rented solely for nonresidential uses.
B. Mobile home parks managed or operated by the U.S. Government, the State
of California, the County of San Luis Obispo, or the City of San Luis
Obispo.
C. Tenancies which do not exceed an occupancy of twenty (20) days and which
do not contemplate an occupancy of more than twenty (20) days.
D. Tenancies for which any federal or state law or regulation specifically
prohibits rent regulation.
E. Tenancies covered by leases or contracts which provide for more than a
12 -month tenancy, but only for the duration of such lease or contract.
Upon the expiration of or other termination of any such lease or contract,
this ordinance shall immediately be applicable to the tenancy.
F. Mobile home parks which sell lots for factory -built or manufactued hous-
ing.
4. Hearing Officer - .Established
A. There is established a qualified Hearing Officer with a background in
accounting, to be selected by the City.
�i
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B. A Hearing Officer may not be or have been affiliated financially by in-
vestment or organizationally for personal gain with the real estate or
rental housing industry. Appointee shall not be a mobile home owner or
renter in a mobile home park, or have any financial interest (as defined .
by State law) in any mobile home or mobile home park. The Hearing Officer
shall file a declaration to this effect with the City Clerk in a form
approved by the City Attorney.
C. The Hearing Officer shall be compensated for his or her time plus re-
imbursement for travel and other expenses while on official duty.
5. Duties of the Hearing-Officer
A. Shall be directly responsibile for the administration of the Rent Stab-
ilization Ordinance subject to reporting and supervision as the City
shall direct.
B. Determine that a meeting between the park owner and the homeowners has
taken place in an effort to come to an agreement before applying to the
Hearing Officer for a hearing.
C. Obtain and review applications from park owners and homeowners for a -
rent increase or rent decrease and ordinance violations:
D. Obtain all relevant documents, including Income Tax reports, needed to
make findings and conduct an informal hearing.
E. Hold hearings with the involved parties to consider the applications
and make decisions based on the findings.
F. Decisions of the Hearing Officer are appealable to the City Council.
Any final decision of the Hearing Officer or the City Council shall be
enforced by the city.
C. The performance of the Hearing Officer is to be reviewed by the City
Council at least every two years.
H. All decisions of the Hearing officer shall be in conformity with the
.relevant portions of the Civil Code and applicable portions shall be
cited in all decisions.
6. Allowable increases - Allowable decreases - base space rent - determi
ation of current.rent
A. 1. The "base space rent" for purposes of this ordinance shall be the
monthly space rent charges as of March 15, 1982.
2. The current rent shall be determined by adding the allowable Con -
sumer's Price Index increases each year,.and harship increases
as permitted by this ordinance and any preceding ordinance.
B. Except as otherwise provided in this ordinance, the maximum monthly.
space rent may be increased or decreased no more than.once a year by
the lesser of the two following methods:
C •�
(1) Eight percent (8%) of the ex sting.space rent on
(2) Three- fourths (seventy-five percent) (75%) of the cost -of-
living increase (Bureau of Labor Statistics, U.S. Cities Nat-
tional Consumer.Price Index for the urban consumers), for the
e
prceding twelve (12) month period ending four (4) months
prior to the date of the proposed increase.
(3) A. decrease in the existing space rent equal to three - fourths
seventy -five percent) (7) of the cost of living decrease
Bureau of .Labor Statistics, U.S. Cities National Index for
urban consumers), must be given when the Consumers Price Index
is reduced.
(4) All official Consumer Price Index rent rate increases or de
creases are to be issued by the Hearing Officer by September 1.
Park owners shall give at least a 60-day notice of the rent in-
crease to be effective on January 1. Rent increases cannot
be retroactive.
C. No owner shall either (l) demand, accept or retain a rent or charge from
a homeowner in excess of the maximum rent permitted by this ordinance,-
or (2) effect a prohibited rent increase indirectly by a reduction of
general park facilities and /or services.
D. There shall be no reduction of general park facilities, services, or
Amenities except as allowed as a result of a hearing.
7. Application for
t increase - decrease - fee - contents -
A. A park owner who has been required to make expenditures as defined in 2G
or has incurred costs of such amounts that he will be unable to operate
the park given the maximum increase permitted in 6B, -if he seeks relief,
shall file with the Officer an application for a rent increase, or ap-
plication to reduce, or charge for, certain services or facilities, (in
either event referred to hereinafter a"& "application" or "application
for rent increase ").
B. An application for rent increase or decrease pursuant to this section shall
be accompanied by the payment of a fee of $125.00 plus $1.00 per mobile
home. The application shall specify, the address of the mobile home park,
the space number or numbers,. the proprosed effective date and the facts
supporting the application. The applicant shall produce at the request
of the Officer any records, evidence including but not limited to re-
ceipts, reports or Other documents including income tax. returns as needed
and that the Officer may deem necessary to make a determination whether
to approve the application.
C` O.
C. The owner shall serve each affected homeowner either personally,,or by
mail, with notice of the change in rent, services or facilities request -
ed.at the same time the application for approval of same is being filed
with the Officer. Proof of such service shall be filed.with the Officer
concurrent with the filing of the application. Copies of the applica-
tion shall be available free of charge to any affected homeowner request-
ing the same at the business office of the park.
i
D. The Officer shall set a hearing on the application complying with the
requirements of'this section no less than ten (10) days and no more than
thirty (30) days after receipt of the application and proof of service and
the homeowners have been notified,in writing, of the application to the
Hearing Officer, The Hearing Officer shall notify the owner and home-
owners, in writing, of the time, place and date set for the hearing.
No hearing or any part thereof may be continued beyond thirty (30) days
after the initial hearing date, without the consent of both parties.
If the Hearing Officer approves an application as requested or as mod -
ified,.the order or ruling shall take effect sixty (60) days after the
Officer's approval and after the homeowners are notified, in writing,
by the owner, subject to any requirements by the Hearing Officer.
E. An application for a rent decrease by the homeowners shall be accompanied
by documentation showing reduced services, facilities or amentities that
are no longer available, or anything that caused a reduction in the value
of their homes; for example, the deterioration of streets, It shall
show the effective date of the decrease in services, amenities or value .
of homes. The application will be accompanied by a nominal fee of twenty -
five dollars ($25.00).
F. The homeowners or homeowner's association shall notify the owner, in
writing, at the same time that an application is filed.
C. The Hearing Officer shall set a hearing on the application complying with
the requirements of this section no less than ten.(10) days and no more
than thirty (30) days after receipt of the application and proof that the
park owner has,been notified of the application to the Officer. The
Officer shall notify both parties, in writing, of the time,.place and date
set for the hearing. No hearing or any part thereof may be continued be-
yond thirty (30) days after the initial hearing date, without the consent
of both parties. If the Hearing Officer approves an application requested
or modified,.the same shall take effect retroactive to the date of the
loss of facilities, services, amenity or value of homes.
8, Conduct of Hearing - Application for rent increase - decrease
A.. All interested pasties to a hearing may be represented by an attorney
or such other persons they designate. All witnesses shall be sworn in.
B. In the event the park owner or the homeowner(s) shall fail to appear
at the hearing at the specified time and place, the Hearing Officer may
0 0.
hear and review such. evidence as may be presented and make such decisions
as if all parties had been present.
C. Parties may offer any testimony, documents, written declarations or
other relevant evidence..
D. Minutes shall be taken at all hearings.. Tape recordings shall also be
made and shall be held available for transcription when requested by any
party. I
9. Relevant_ factors - Application for rent increase - decrease - evaluation
In evaluating the application the Hearing Officer shall consider in con-
currence with the Mobile Home Residency law, Civil Code Fro. 798.31 which
states in part "A homeowner shall not be charged a fee for other than
rent, utilities, and incidental reasonable services actually rendered."
10. Hearing - Determination - Application for rent increase - decrease
A. The Hearing Officer shall make a final decision no later than twenty (20)
days after the conclusion of the hearing. The decision shall be based
on the findings of the Hearing Officer. The findings shall be based on
the evidence submitted and obtained at the hearing. All parties or their
designated representatives shall be advised by mail of the Officer's
decision and findings.
B. In carrying out the decisions, the Officer mays
(1) Permit the requested rent increase or decrease to become
effective, in whole or in part; or
(2) Deny the requested rent increase or decrease; or
(3) Permit or deny, in whole or in part, requested reductions, of
or charges for, facilities, services, or amenities.
C. Any decision of the Hearing Officer shall be final unless, within fifteen
(15) working days after mailing of the findings and decision, the owner
or any affected homeowner appeals the decision to the City Council. Any
final decision shall be enforceable by the city.
li. Application for Rent Increase - Decrease - .Hearing - Appeal
A. Any appeal from a decision of the Hearing Officer shall be filed with the
City Clerk. The date for consideration of the appeal shall be set by the
City Clerk at a date no less than ten (10) days nor more than thirty (30)
days after the expiration date for filing of an appeal. Written notice
of the date, time and place shall'be given by the City Clerk to the owner
and all affected homeowners or their designated representatives.
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B. At the time set for consideration of the appeal, the City Council shall
review and consider the record of the hearing, findings and decision of
the Hearing Officer. After review and consideration, the Council may
either (1.) determine that a further hearing shall be held Within a
reasonable time, or (2) ratify and adopt the findings and decision of
the Hearing Officer. If a further hearing is conducted, the Council
shall u n the conclusion of that hearing,.and in no event more than
thirty G) days thereafter, affirm, modify or reverse the decision of
the Officer, shall make findings and issue rulings and orders consistent
with such findings.
12. Rent increases not made in conformity with provisions - Homeowner's
A homeowner may refuse to pay any increase in rent not made in conform-
ity with this ordinance. Such refusal to pay the owner shall be a defense
in any action brought to recover possession of a mobile home space or to
collect the rent increase. The disputed funds shall be put aside to be
disbursed when a final decision is made under this Ordinance or other
legal procedure.
13. Actions brought to recover possession of mobile home space - Retalia
Notwithstanding Section 120 in any action brought to recover possession
of a mobile home space, the court may consider as grounds for denial
any violation of any provision of this ordinance: Further, the deter.
mination that the action was brought in "retaliation for the exercise of
any rights conferred by this ordinance shall be grounds for denial.
14. Recreational Vehicles as Residences
Recreational vehicles in a mobile home park that are used for a resi-
dence nine (9) months or longer shall have the same consideration as a
mobile home for rent stabilization purposes.
15. Civil Remedies
If any park owner demands, accepts, receives or retains any payment of
rent in excess of the maximum lawful space rent, as determined under this
ordinance, then the homeowner in such mobilehome parks affected by viol-
ation individually or by class action, may seek relief individually.or
by class action in a court of appropriate jurisdiction for injunctive re-
lief and damages, in addition to any enforcement action by the city under
this ordinance.
16. Owner to provide homeowners with a copy of-this ordinance
Any homeowner$ offered a lease or contract'which, if accepted and fully
executed, would be exempt from the provisions of this ordinance (Section
o;
3 (E) shall,.#ior to the execution of such lease or contract,,also
be provided with a copy of this ordinance. Receipt shall be acknowledged
in writing with copies to both parties.
17. Safe Habor
In the event that any homeowners in a mobile home park enter into leases
with their park owner, homeowners who do not.enter'into such leases shall
nevertheless,_ be entitled to rent_ stabilization protections of this ord-
inance.
18. Vacancy Decontrol
In the event that a homeowner sells, conveys, or otherwise transfers
ownership of his or her mobile home,.or the right to occupancy, the park
owner shall not be permitted to establish a new base rent for the mobile
home space and shall not be entitled to otherwise increase the space
rent in contravention of this ordinance.
19. Severability .
If any--provision of any clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional
or to be otherwise invalid by a final judgment of any court of competent
jurisdiction, or should be invalidated by any legislation, then,such
invalidity shall hot affect other provisions or clauses of applications
thereof which can be implemented without the invalid provision or clause
or application, and to this end, the provisions and clauses of this
ordinance are declared to be severable.
20. Miscellaneous
(1) At the termination of a lease, if a new lease is not contract-
ed, accepted, and fully executed,.the homeowner comes under the
jurisdiction of this rent stabilisation ordinance.
(2) Charges and rents shall be based on the provisions of Section
6 of this ordinance.
21. Majority vote needed to make changes in this ordinance
This Ordinance for rent stabilization of a space or spaces in a mobile
home park cannot be changed or amended in whole or in part without a
majorityyvote of the people of the City of San Luis Obispo, California.
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Resolution No. 6392 (1988 Series)
SECTION 4. The Proposition shall pass only if a majority of the votes
cast by voters for the proposed ordinance are "YES votes.
SECTION 5. That the City Clerk is authorized, instructed and directed
to procure and furnish any and all official ballots, notices, printed
matter and all supplies, equipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be.open at seven
o'clock a.m. of the day of the election and shall remain open continuously
from that time until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code
of the State of California.
SECTION 7. That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by law for provided
by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election
is given and the City Clerk is authorized, instructed and directed to give
further or additional notice of the election, in time, form and manner as
required by law.
SECTION 9. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original
Resolutions.
On motion of Councilman Settle , seconded by Councilwoman Rappa
and on the following roll call vote:
C�l
RESOLUTION 6391 (1988 SERIES)
X
ADOPTED ON 2/2/88 TO PLACE MOBILEHOME RENT
REGULATIONS ON THE JUNE 7, 1988, SPECIAL
MUNICIPAL ELECTION (MEASURE D).
PASSED BY THE PEOPLE AND GIVEN ORD. NO. 1117 (1988 SERIES)
SEE ALSO CHAPTER 5.44 OF THE MUNICIPAL CODE
R 6391
RESOLUTION. NO. 6391 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDAY, JUNE 7, 1988, AND TO BE
CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION TO BE
HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON PROPOSED
ORDINANCE CONCERNING MOBILEHOME RENT REGULATIONS
WHEREAS, the Charter of the City of San Luis Obispo and state law
provide for the City Council to place an ordinance before the voters for
consideration; and
WHEREAS, the.City Council desires to submit to the voters at the
election a question relating to mobilehome. rent regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. There is hereby called and ordered in the City of San Luis
Obispo, State of California, on Tuesday, June 7,.1988, a Special Municipal
Election of the qualified electors of the city, to be consolidated with
the Statewide Primary Election, to vote upon an ordinance to establish
mobilehome rent regulations.
SECTION 2. That the City Council pursuant to its right and authority
does order submitted to the voters at the Special Municipal Election the
following question:
CITY MEASURE "D ".
Shall the Mobilehome Ad Hoc Committee's YES D
recommended - amendments to- the--ex-isting -. NO
Mobilehome Rent Regulations be adopted?
SECTION 3. That the proposed measure submitted to the voters is as
follows:
"BE IT ORDAINED by the People of the City of San Luis Obispo as
follows:
R 6391
G
Resolution No. 6391 (1988 Series)
C1
Page 2
SECTION 4. The Proposition shall pass only if a majority of the votes
cast by voters for the proposed ordinance are "YES votes.
SECTION 5. That the City Clerk is authorized, instructed and directed
to procure and furnish any and all official ballots, notices, printed
matter and all supplies, equipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at seven
o'clock a.m. of the day of the election and shall remain open continuously
from that time until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code
of the State of California.
SECTION 7. That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by for provided
by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election
is given and the City Clerk is authorized, instructed and directed to give
further or additional notice of the election, in time, form and manner as
required by law.
SECTION 9. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original
Resolutions.
On motion of Councilman Settle ,seconded by Councilwoman Rappa
and on the following roll call vote:
Resolution No. 6391 (1988 Series)
0
Page 3
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd. day of February
1988.
r= •
OR RON DUNIN
ATTEST-: -
b ti )
CITY CLERK PAM VO ES
APPROVED:
ty Administrative Officer
City At�dorney
v
CA�ty Clerk
7CR111 ixy-
p
C�ourr� G'/�/IC CJ
i
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January 28, 1988
Chapter 5.44
MOBILE HOME PARR RENT STABILIZATION
Sections:
5.44.010 Purpose and intent.
5.44.020 Definitions.
5.44.030 Exemptions.
5.44.040 (Repealed.)
5.44.050 City Council -- Powers and duties.
5.44.060 Base, space rent -- Determination -- Allowable
increases without hearing
5.44.070 Application for rent adjustment-- Fee -- Contents --
Notice of request -- Hearing.
5.44.080 Application for rent adjustment -- Conduct of
hearing.
5.44.090 Application for rent adjustment-- Evaluation --
Relevant factors.
5.44.100 Application for rent adjustment -- Hearing- -
Determina-
tion.
5.44.110 Application for rent increase -- Hearing -- Appeal.
5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
5.44.140 Owner to provide tenants with copy of this
chapter.
5.44.141 Amendment.
5.44.142 Severability.
5.44.010 Purpose and intent.
A. There is presently within the city and the
surrounding areas a shortage of spaces for the location
of mobile homes. Because of this shortage, there is a
very low vacancy rate, and rents have been for several
years, and are presently, rising rapidly and causing
concern among a substantial number of San Luis Obispo
residents.
0
N
B. Mobile' home tenants, forced by the lack of suitable
alternative housing' have had to pay the rent increases and
thereby suffer a further reduction in their standard of
living.
C. Because of the high cost and impracticability of
moving mobile homes, the potential for damage resulting
therefrom, the requirements relating to the
installation of mobile homes, including permits,
landscaping and site preparation, the lack of
alternative homesites for mobile home residents, and
the substantial investment of mobile home owners in
such homes, this council finds and declares it
necessary to protect the owners and occupiers of mobile
homes from unreasonable rent increases, while at the
same time recognizing the need of park owners to
receive a suitable profit on their property with rental
income sufficient to cover increases in costs of
repair, maintenance, insurance, utilities, employee
services, additional amenities, and other costs of
operation, and to receive a fair return on their
property.
D. This council finds that the present low vacancy
rate and frequent rent increases are particularly hard
upon and unfair to residents of mobile home parks
within the city. Large numbers of these residents are
senior citizens and others on fixed incomes who
installed their mobile homes in the city when the
present inflationary rent increases could not
reasonably have been foreseen.
E. However, this council recognizes that a rent
stabilization ordinance must be fair and equitable for
all parties and must provide appropriate incentives for
mobile home park operators to continue their parks
profitably, as well as to attract additional investors
for new parks. (Ord. 923 §1 (part), .1982: prior code
§4800)
5.44.020 Definitions
For the purpose of this chapter, certain words and
phrases used herein are defined as follows:
A. "Capital improvements" means those improvements,
not previously located in the mobile home park, that
materially add to the value of the property and
appreciably prolong its useful life or adapt it to new
uses, and which may be amortized over the useful life
of the improvement in accordance with the Internal
Revenue Code and regulations issued pursuant thereto;
.2
Provided, that this definition shall be limited to
capital improvements approved by more than fifty
percent of the tenants in the affected park.
B. "Mobile home park" means an area of land which
rents spaces for mobile home dwelling units.
C. "Mobile home park owner" or "owner" means the
owner, lessor, operator or manager of a mobile home
park.
D. (Repealed)
D. "Mobile home tenant" or "tenant" means any person
entitled to occupy a mobile home within a mobile home
park pursuant to ownership of the mobile home or under
a rental or lease agreement with the owner of the
mobile home.
E. "Rehabilitation work" means any renovation or
repair work completed on or in a mobile home park
performed in order to comply with the direction or
order of a public agency or public utility, or to
maintain existing improvements in a safe and usable
condition, or to repair damage resulting from fire,
earthquake or other casualty.
F. "Space rent" means the consideration, including
any security deposits, bonuses, benefits or gratuities,
demanded or received in connection with the use and
occupancy of a mobile home space in a mobile home park,
or for housing services provided, but exclusive of any
amount paid for the use of a mobile home dwelling unit.
(Ord. 923 §1 (part), 1982: prior code §4801)
G. "Change of ownership" means the sale, rental
transfer, or exchange of a mobile home subject to the
provisions of this chapter excepting the transfer to
tenant's spouse by gift, bequest or devise.
H. "Hearing Officer" means the duly appointed
hearing officer selected from a panel of qualified
hearing officers. A hearing officer shall have no
financial interest in either a mobile home park or
a mobile home nor have been a resident of nor
reside in a mobile home park.
I. "Appellate Panel" means a panel of three qualified
hearing officers. A panelist shall have no financial
interest in either a mobile home park or a mobile home
nor have been a resident of nor reside in a mobile home
park.
3
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J. "CPI" shall be the Consumer Price Index (1967 =100)
All Items, All Urban Consumers, for the Los
Angeles/ Long Beach /Riverside standard metropolitan
statistical area published by the Bureau of Labor
Statistics, United States Department of Labor. If the
CPI is not hereafter published, then any substitute
index, or, if none, then the index most closely
resembling the CPI shall become the new CPI.
K. "Qualified Hearing Officer ". The City
Administrative Officer shall maintain a list of
available qualified hearing officers. Qualified
hearing officers shall be persons experienced in
financial and accounting methods with knowledge of
mediation process and rules of evidence.
5.44.030 Exemptions.
The provisions of this chapter shall not apply to the
following tenancies in mobile home parks:
A. Mobile home park spaces rented for nonresidential
uses;
B. Mobile home parks managed or operated by the United
States Government, the state of California, or the
county of San Luis Obispo;
C. Tenancies which do not exceed an occupancy of
twenty days and which do not contemplate an occupancy
of more than twenty days.
D. Tenancies for which any federal or state law or
regulation specifically prohibits rent regulation;
E. Tenancies covered by .leases or contracts which
1 provide for a tenancy of more than a year, but only
t\ for the duration of such lease or contract. Upon the
expiration of or other termination of any such lease or
contract, this chapter shall immediately be applicable
to the tenancy. No rent increases other than that
allowed under the provisions of the lease, shall be
allowed during the duration of such a lease or
contract.
F. Spaces in a mobile home park in which at least
66.67% of said spaces are governed by a lease with an
initial term of more than one year.
G. Mobile home parks which sell lots for factory -
built or manufactured housing, or which provide
4
• • .11
condominium ownership of such lots, even if one or more
homes in the development are rented or leased out.
(Ord. 923 §1 (part), 1982: prior code §4802)
5.44.040 (Repealed)
5.44.050 City Council -- Powers and duties.
Within the limitations provided by law and in addition
to any other powers and duties the Council has, the
City Council shall have the following powers and
duties:
A. To meet from time to time as required to receive,
investigate, hold hearings on, and pass upon the issues
relating to mobile home park rent stabilization as set
forth in this chapter;
B. To direct staff to make or conduct such independent
hearings or investigations as may be appropriate to
obtain such information as is necessary for Council to
carry out its duties;
C. To adopt, promulgate, amend and rescind
administrative rules, as it deems appropriate to
effectuate the purposes and policies of this chapter.
(Ord. 923 §1 (Part 1952: prior code §4804)
5.44.060 Base space rent - - -- Allowable increases without
hearing.
A. The "base space rent" for-purposes of this chapter
shall be the monthly space rent charged as of March 15,
1982 plus any increases otherwise allowed, pursuant to
this Chapter. The maximum monthly space rent for any
space under a lease, upon ,expiration of the lease
shall be no more than the rent charged in the last
month of said. lease. In parks where there is an
exemption because 66.67% of the spaces are governed by
a lease with an initial term of no less than one year,
then the maximum monthly.space rent ,shall be the space
rent designated in leases for comparable spaces. A
schedule of current rents in the park shall be posted
in a conspicuous place in the park:
B. Except as otherwise provided in this chapter, the
maximum monthly space rent may be increased no more
than once a year based on the percentage change in the
5
CPI, or
9 %, whichever is less, calculated as follows:
1. The maximum monthly space rent may be increased at
a rate equal to 100 percent (100 %) of the CPI up to 5
percent (5%) and 75 percent (75 %) of the CPI in excess
of 5 percent (5 %) calculated as follows:
.a. The change in space rent shall be calculated
by dividing the ending CPI index by the beginning
CPI index.
.b. If the resulting quotient is less than 1.05,
then it shall be multiplied by the space rent.
The resulting product shall be the new space rent.
.c. If the resulting quotient is greater than
1.05, then the difference between the resulting
product and 1.05 shall be multiplied by 75
percent. The .resulting product shall be
multiplied by the space rent and that product
shall be added to the sum derived from 5.44.060
B.2 above. The sum shall be-the new space rent.
.d. The beginning CPI index shall be the index
for the month used as the ending index for the
last CPI adjustment.
.e. The ending CPI index shall be the index for
the month twelve months after the beginning index.
2. Each month the City Administrative Officer shall
publish the percentage change of the CPI allowed under
this Section B for the 12 -month period immediately
preceding the month for which CPI information has been
most recently published.
3. It is the intention of this paragraph 5.44.060 B
to allow for automatic increases in space rent based
on changes in the cost of living as measured by the
CPI. The limitations on such increases are intended to
minimize the immediate impact drastic changes in the
CPI might have on residents. The limitations are not
intended to prevent .ultimate adjustments to allow
owners to receive a fair return on their property.
C. The maximum monthly space rent of a tenant may be
increased by the owner when there is a change of
ownership affecting a mobile home. However, such
increase shall not exceed 10% of the then existing
space rent and may not be relied upon any more often
C
than once in any 36 -month period as the basis to
increase rent., .In the event of change of ownership
resulting from subletting of the mobilehome space as
may be allowed by State law, should such become State
law, then upon any such subletting then the space rent
may be increased up to 10% of the then - existing space
rent. In the event of change of ownership resulting
from vacation of the space, then the space rent may be
adjusted to fair market rent in the community.
D. No owner shall either (1) demand, accept or retain
a rent of or from a tenant in excess of the maximum
rent permitted by this chapter, or (2) effect a
prohibited rent increase by a reduction of general park
facilities and services. However, an owner may modify
the nature of park services if reasonable allowance is
provided to the tenant. For example, if the owner
elects to submeter water so that tenants pay for water
consumed by them, then tenants shall receive a
reasonable reduction from their base space rent. (Ord.
1079 §l, 1986; Ord. 1020 §11 1984: Ord. 923 §1 (part),
1982: prior code §4805)
E. Space rent may be automatically adjusted based on
increases in expenses for common area utilities; new
government mandated services; garbage service and cable
television, where applicable. The space rent may be
adjusted by dividing the total increase in any such
expenses incurred during a twelve -month period by
twelve, less the percentage in the CPI index for the
twelve -month period. The quotient shall be allocated
to the space rent for each space in the park based on
the amount the space rent relates to total space rent
for the park. Notice of the increase shall be in
writing and shall be given as required by law no less
than 60 days prior to any such increase being
effective. The notice shall state the amount of the
rent increase, the new space rent, the amount of the
total increase in expenses and the nature of the
expense. A copy of the notice shall be given to the
City Administrative Officer. The City Administrative
Officer shall have the authority to resolve questions
regarding computation of the space rent increase based
on this section. There shall only be one such increase
in any twelve - month period.
5.44.070 Application for rent adjustment-- Fee -- Contents --
Notice of request -- Hearing.
A. Except for automatic increases in base rent allowed
under Section 5.44.060, an owner or tenant may file
with the City Clerk an application for a rent
7
C� O
adjustment ( °application "). The application shall
state the amount of the adjustment for each space
affected and the reasons,for the adjustment.
1. An application shall be accompanied by the
payment of a fee as may be established from time
to time by the council.
2. An application filed by an owner shall be
accompanied by a statement stating that the tenant
for each space affected has been served either
personally or by mail with a notice describing the
application and the change in rent or services.
3. An application filed by a tenant shall be
accompanied with a statement stating that the
owner has been either personally or by mail served
with the application and with a statement
designating not more than three persons to act as
representatives for the spaces affected and
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the application and supporting the
application and established by a secret election.
4. A statement shall accompany the application
and shall notify the receiving party that he /she
has 30 days to file an objection and if one is not
filed within the time allowed, then the
application will be automatically granted.
B. An objection to the application may be filed with
the City Clerk within 30 days after the notice of
application has been served. The objection shall
identify the portions of the application objected to
and shall state the grounds of the objection.
1. A copy of an objection filed by an owner shall
be mailed to each of the designated tenant
representatives.
2. A copy of an objection filed by a tenant shall
be mailed to the owner. The tenant's objection
shall designate not more than three persons to act
as representatives for the objecting tenants. The
objection must be accompanied by a statement
containing the names and addresses of tenants
representing no less than 51% of the spaces
affected by the owners application and verifying
that they object to the application, established
by secret ballot election.
8
C. If no objection is filed to an application within
the time allowed, or if less than 51% of the tenants
support an objection to an application, then the
application will be automatically granted.
D. If an objection is filed within the time provided,
then the owner and the tenant representatives shall
meet and confer to negotiate in good faith an agreement
regarding the application. Either party may request a
mediator of their choice to assist in the negotiations,
but this is not required. If an agreement is reached
within 60 days, then the tenant representatives shall
notify all tenants affected by the agreement. The
tenants shall have 10 days to approve or disapprove of
the agreement. If tenants representing a majority of
the spaces affected fail to disapprove of the
agreement then the agreement shall be binding on the
owner and all tenants affected. The City Clerk shall
be notified that an agreement has been reached. The
statements made in negotiations and any agreements
reached but not approved shall not be admissible in any
subsequent hearings regarding the application.
E. If the owner and the tenant representatives fail to
reach an agreement within the time provided or if a
majority of the tenants disapprove of an agreement
reached, then the applicant shall within 10 days notify
the City Administrative Officer that an agreement has
not been reached. The City Administrative Officer
shall obtain a list of no less than five (5) qualified
hearing officers. Owners and tenants may each delete
one person from the list of qualified hearing officers
within seven (7) days and one of the remaining persons
shall be selected by the City Administrative Officer as
the hearing officer. Appointment of the hearing
officer shall be completed no later than twenty -one
days after filing of the notice that an agreement has
not been reached.
F. The hearing officer shall set a hearing on the
application complying with the requirements of this
section no less than ten days and no more than thirty
days after his appointment. The hearing officer
shall notify the owner and tenants, in writing, of the
time, place and date set for the hearing. No hearing
or any part hereof may be continued beyond thirty days
after the initial hearing date, without the applicant's
consent. If the hearing officer approves an
application as requested or as modified, the same shall
E
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take effect as noticed by the owner or as the hearing
officer may otherwise direct. (Ord. 1077 §2, 1986;
Ord. 923 §1 (part), 1982: prior code §4806)
5.44.080 Application for rent adjustment -- Conduct of
hearing.
A. All review hearings conducted by the hearing
officer shall be conducted in accordance with the Ralph
M. Brown Act, at Section 54950 et seq. of the
California Government Code and according to the rules
of the American Arbitration Association.
B. All interested parties to a hearing may have
assistance from an attorney or such other person as may
be designated by the parties -In .presenting evidence or
in setting forth by argument their position. All
witnesses shall be sworn in and all testimony shall be
under penalty of perjury.
C. In the event that either the owner or the tenant(s)
should fail to appear at the hearing at the specified
time and place, the hearing officer may hear and
review such evidence as may be presented and make such
decisions as if all parties had been present.
D. Owner and affected tenants may offer any
testimony, documents, written declarations or other
relevant evidence.
E. Formal rules of evidence shall not apply.
F. Minutes shall be taken at all hearings. (Ord. 923
§1 (part), 1982: prior code §4807)
5.44.090 Application for rent adjustment-- Evaluation --
Relevant factors.
In evaluating the application the hearing officer may
consider, along with all other factors it considers
relevant, changes in costs to the owner attributable to
increases or decreases in master land and /or facilities
lease rent, utility rates, property taxes, insurance,
advertising, variable mortgage interest rates, employee
costs, normal repair and maintenance, and other
considerations, including, but not limited to,
rehabilitation work, capital improvements, upgrading
and addition of amenities or services, net operating
income, and the level of rent necessary to permit a
just and reasonable return on the owner's property.
10
o
(Ord. 923 §1 (part), 1982: prior code § 4808)
A. In applying the foregoing factors, the hearing
officer shall utilize the maintenance of net operating
income (MNOI) formula. Under the MNOI allowable gross
rents are calculated as follows: All operating
expenses for the twelve -month period ending December
31, 1981 are subtracted from all operating expenses for
the twelve -month period immediately preceding the date
of the application for which expense data is available.
In the event operating expenses are not available for
the period ending December 31, 1981, then expenses for
a twelve -month period reasonably close to December 31,
1981 may be substituted. The difference shall be added
to gross annual rent based on rental rates in effect on
March 15, 1982. The sum shall.be the allowable gross
annual space rent. The allowable gross space rent
shall be fairly apportioned between all spaces in the
park. The space rent determined under the MNOI formula
shall be adjusted as follows:
1. There shall be an adjustment to allow for
inflation calculated as follows. The net
operating income (NOI) for the base period shall
be calculated by subtracting the park's operating
expenses for the twelve -month period ending
December 31, 1982, from the park's annual gross
space rent based on the space rent in effect on
March 15, 1982. The CPI index for the month most
recently available prior to filing the application
shall be divided by the CPI index for March, 1982.
The resulting quotient shall be multiplied by the
base period NOI. This shall be the adjusted NOI.
The operating expenses for the twelve -month period
immediately preceding the date of the application
for which information is available shall be added
to the adjusted NOI. The sum shall be the
inflation adjusted gross space rent. The
allowable space rent shall be the greater of the
space rent calculated using the MNOI formula and
the space rent adjusted for inflation.
2. In calculating MNOI there shall be an
adjustment to the gross space rent in effect on
March 15, 1982, if the hearing officer determines
that the gross space rent in effect on that date
did not allow the owner to receive a just and
reasonable return on his property.
3. If the hearing officer concludes that the MNOI
formula, and the adjustments thereto, does not
provide a just and reasonable return to the owner,
11
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then the hearing officer may apply any reasonable
formula, including a return on investment, a
return on fair market value, or return on equity,
to determine a space rent which will allow the
owner to receive a fair and reasonable return on
his property.
B. The hearing officer shall not consider income
arising from spaces leased in the park pursuant to
5.44.030(E) of this chapter. Likewise, the hearing
officer shall not consider a pro rata portion of the
expenses of park operation attributable to the leased
spaces.
5.44.100 Application for rent adjustment-- Hearing --
Determination.
A. The hearing officer shall make a final decision no
later than twenty days after the conclusion of its
hearing. The hearing officer's decision shall be based
on the preponderance of the evidence submitted at the
hearing. The decision shall be based on findings. All
parties to the hearing shall be advised by mail of the
hearing officer's decision and findings.
B. Pursuant to its findings, the hearing officer may:
1. Permit the requested adjustment to become
effective, in whole or in part; or
2. Deny the requested adjustment; or
3. Permit or deny, in whole or in part, requested
reductions of, or charges for, facilities or
services.
C. Any decision of the hearing officer shall be final
unless, within fifteen days after mailing of the
decision and findings the owner or any affected tenant
appeals the decision. (Ord. 923 §1 (part), 1982; prior
code §4809)
D. The hearing officer's charges shall be paid by the
City.
5.44.110 Application for rent adjustment -- Appeal -- Hearing.
A. Any appeal from a decision of the hearing officer
shall be filed with the City Clerk. The appellant
shall also mail a copy of the appeal to the responding
party. The appeal shall state the grounds on which it
is based. An appeal filed by a tenant shall be
accompanied by a statement containing the names and
12
0 0
addresses of the tenants supporting the appeal. The
appeal must be supported by at least 51 percent of the
tenants affected by the appeal.
B. Upon filing of a valid appeal, the City
Administrative Officer shall obtain a list of no less
than seven (7) qualified hearing officers. The
hearing officer who previously acted shall not qualify.
Owners and tenant representatives may each delete one
person from the list of qualified hearing officers
within seven days, and three of the remaining persons
shall be selected by the City Administrative Officer as
the Appellate Panel. Appointment of the Appellate
Panel shall be completed no later than twenty -one (21)
days after filing the appeal.
C. At the time set for consideration of the appeal the
Appellate Panel shall review and consider the record of
the hearing officer's hearing as well as the decision
and finding of the hearing officer. After review and
consideration the Appellate Panel may either (1)
determine that a further hearing shall be held, or (2)
ratify and adopt the decision and findings of the
hearing officer. If a further hearing is conducted,
the Appellate Panel may upon conclusion of that hearing
and in no event more than thirty days thereafter,
modify or reverse the decision of the hearing officer,
only if the Appellate Panel finds that there has been
an abuse of discretion or that there is no substantial
evidence to support the hearing officer's decision.
(Ord. 923 §1 (part), 1982: prior code §4810) The
Appellate Panel's decision shall be final and no appeal
may be taken to Council.
D. If the party filing the appeal is unsuccessful,
then that party shall pay the Appellate Panel's
charges. If the responding party is unsuccessful, then
both parties and the City shall share equally in
payment of the Appellate Panel's charges..
13
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5.44.120 Rent increases not made in conformity with
provisions -- Tenant's right to refuse to pay.
A tenant may refuse to pay
made in conformity with this
pay shall be a defense in any
possession of a mobile home
rent increase. (Ord. 923 §1
§4811)
any increase in rent not
chapter. Such refusal to
action brought to recover
space or to collect the
(part), 1982: prior code
5.44.130 Actions brought to recover possession of mobile
home space -- Retaliatory eviction grounds for
denial.
Notwithstanding Section 5.44.120, in any action brought
to recover possession of a.-mobile home space, the court
may consider as grounds for denial any violation of any
provision of this chapter. Further, the determination
that the action was .brought in _retaliation for the
exercise of any rights conferred by this chapter shall
be grounds for denial. (Ord. 923 §1 (part) , 1982:
prior code §4812)
5.44.140
Owner to provide tenants with copy of this
chapter.
Any tenant offered a lease or contract which if
accepted and fully executed would be exempt from the
provisions of this chapter (Section 5.44.030E) shall at
the time of the offer also be provided with a copy of
this chapter. (Ord. 923 §1 (part) , 1982: prior code
§4813)
5.44.141 Amendment
The provisions of this Chapter 5.44 may be amended by a
majority vote of the City Council.
5.44.142 Severability
If any portion of this Chapter is found to be invalid,
then that shall in no way affect the validity of the
remaining portions of this Chapter.
ord \mobile.rin (01/28/88)
14
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RESOLUTION NO. 6390 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE DONATION OF PUBLIC ART FOR THE MISSION PLAZA
FOUNTAIN AND AUTHORIZING CITY ASSISTANCE FOR INSTALLATION
OF THE ARTWORK
WHEREAS, the City Council has adopted Resolution No. 5645 (1985 Series) supporting
the installation of art in public places; and
WHEREAS, the City has received a proposal from the Stanley Von Stein Memorial and
Mary Jane Duvall Trusts, herein called "Donors ", of a donation of public art for the
Mission Plaza Fountain; and
WHEREAS, the proposed public artwork complies with Council- adopted Interim Guidelines
For Public Art, Resolution No. 6362 (1987 Series); and
WHEREAS, the Planning Commission, Architectural Review Commission, Promotional
Coordinating Committee, and the Parks and Recreation Commission have held public hearings
on the proposal, and as a result of their review and findings recommend that the council
accept the proposed donation of public art for the City;
THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION L. Acceptance of Public Art. The proposed donation of public art as shown
in Exhibits "A" and "B" is hereby gratefully accepted by and for the citizens of the City
of San Luis Obispo.
7b
SECTION 2. Placement. Said artwork shall installed and displayed in Mission Plaza
for the enjoyment and appreciation of the public, as shown in Exhibit "A" The Community
Development Director and the Public Works Director shall be responsible for insuring that
the placement and construction of the artwork complies with applicable city codes,
programs, and adopted policies.
R6390
Resolution No. 6390 (1988 Series)
Page 2
SECTION 3. City Assistance. The Public Works Director is authorized to use city
crews to assist with the installation of the artwork where such assistance is deemed
feasible, necessary and appropriate. It is understood that the cost of the artwork and
related improvements shall be borne by the Donor.
SECTION 4. Responsibility. Staff is hereby directed to prepare for the Mayor's
signature an agreement between the City and the Donor addressing the issues of public art
ownership, maintenance, liability, removal or modification, legal remedies, and other
issues deemed appropriate.
PASSED AND ADOPTED by the Council of the City of San Luis Obispo at a meeting thereof
held on the 2nd day of February, 1988, on motion of Councilman Settle
seconded by Councilman Ranna and on the following roll call vote:
AYES: Councilman Settle, Rappa, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
yor RON DUNIN
ATTEST:
City lerk PAM VOI; S
Resolution No. 6390 (1988 Series)
Page 3
APPROVED:
Community Development Director
oiJ-o
Public Works Director
�� nGUn
AGREEMENT TO ACCEPT PUBLIC ARTWORK FOR MISSION PLAZA
This agreement, made and entered into this 2nd day of February . 1988, by
and between the Stanley Von Stein Memorial and Mary Jane Duvall Trusts, hereinafter
called "SPONSORS", and the City of San Luis Obispo, A Municipal Corporation, hereinafter
called "CITY ", and referred to jointly as "PARTIES."
WITNESSETH
WHEREAS, the SPONSORS have offered to finance the design, construction, and
installation of a public artwork in Mission Plaza, and to dedicate said artwork for the
public's use and enjoyment; and
WHEREAS, the Council of the City of San Luis Obispo has adopted Resolution No. 6390
(1988 Series), approving the public artwork's design and location, and gratefully
accepting the artwork for the citizens of the City of San Luis Obispo; and
WHEREAS, Section 4 of said resolution required the execution of an agreement among
the PARTIES addressing the various issues related to the ownership and disposition of the
Public artwork.
NOW, THEREFORE, in consideration of the mutual benefits, promises and agreements set
out herein, the PARTIES noted above hereto agree as follows:
SECTION 1. OWNERSHIP.
A. Upon completion of the artwork as shown in Exhibits "A" and "B ", and upon its
completion and final acceptance by the City's Community Development Director and
Public Works Director, the public artwork shall become the property of the CITY.
B. CITY shall not sell, lend, trade, or otherwise transfer control or ownership of the
artwork without the written approval of the SPONSORS, their heirs, or assigns.
C. CITY agrees to consult with the project Artist and SPONSORS prior to any alteration,
removal or relocation of. the public artwork within ten (10) years of final acceptance
by the CITY. During this period, if if becomes necessary to alter or relocate the
artwork from its original setting in Mission Plaza, the PARTIES, their heirs, or
assigns agree to the following remedies:
v
Public Art Agreement
Page 2
If the PARTIES mutually agree upon the modification of or relocation of the
public artwork, the CITY shall so modify or shall move the artwork to the agreed
upon site.
2. If, after negotiating in good faith, the PARTIES cannot agree on the
modification or relocation of the public artwork, the CITY shall dismantle the
artwork, relinquish ownership and return the bronze sculptures to the SPONSORS,
their heirs, or assigns.
SECTION 2. CONSTRUCTION AND INSTALLATION STANDARDS.
A. Prior to installation of the public artwork, the SPONSORS shall submit plans and
specifications to the CITY providing information necessary to determine compliance
with applicable code requirements, to the approval of the Community Development
Director and Public Works Director.
B. Upon CITY request, SPONSOR shall revise plans and specifications as necessary to
comply with code requirements or as deemed necessary by the CITY to protect. public
health or safety. CITY shall approve the plans and specifications when it determines
that the above requirements have been met.
C. SPONSOR shall require that the bronze sculpture pieces be fabricated in accordance
with approved plans, specifications, and applicable industry standards.
D. SPONSORS and CITY agree to cooperate during the period of construction and prior to
final written acceptance of the the artwork to ensure that the artwork has been
fabricated and installed in compliance with approved plans and specifications and
applicable code requirements..
SECTION 3. LIABILITY.
A. Upon completion of the public artwork and its final acceptance, or any component
thereof, by the CITY, the CITY agrees to indemnify and hold harmless the project
Artist, SPONSORS, their heirs or assigns from liability arising from the placement,
use, and enjoyment of the public artwork.
SECTION 4. MAINTENANCE AND DISPLAY
A. Upon completion of the public artwork and its final acceptance or any component
thereof, by the CITY, the CITY shall assume full responsibility for maintenance and
display of the artwork.
B. SPONSORS shall provide the CITY with written instructions for the proper maintenance
of the artwork.
C. If the artwork is damaged, defaced, altered, or destroyed by human acts or by Acts of
God, the CITY retains the right to restore, repair, or replace the artwork at any
time in keeping with the Artist's and SPONSOR'S original design intent, without
consulting the Artist or SPONSORS, their heirs, or assigns. The CITY agrees to make
reasonable efforts to contact the project Artist, or if unavailable, another
competent design professional, to advise on or assist in any restoration work.
Public Art Agreement
Page 3
IN WITNESS WHEREOF, the PARTIES acknowledge that this agreement includes all
understandings, and have executed this agreement on the day and year first written above.
J,,
B a Von SicioAtanley Von Stein Memorial Trust
Schwartz, Mary Jane Du
T 4e
Mayor Ron Dunin, City of San Luis Obispo
APPROVED:
42[
Community Development Director
Public Works Director
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RESOLUTION NO. 6389 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 1413
LOCATED AT 2925 MCMILLAN AVENUE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the tentative map of
Tract 1413 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
The design of the subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in an M
zone.
3. The design of the tentative map and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
easement for access through (or use of property within) the proposed subdivision.
5. The Community Development Director has determined that the proposed subdivision will
not have a significant effect on the environment and has granted a negative
declaration.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1413 be
subject to the following conditions:
Conditions, covenants, and restrictions (CC &R'S) for the tract shall contain the
following provisions:
a. Property owners association shall be created to enforce the CC &R's and provide
for professional, perpetual maintenance of common areas including but not
limited to driveway, parking lot, landscaping, utilities and building exteriors.
b. Grant to the City of San Luis Obispo the right to maintain common areas if the
property owners association fails to do so and to assess said association for
expenses incurred.
C. All parking spaces provided in the project shall be available for use by all of
the individual owners.
d. Ownership of air -space units shall not be sold or otherwise transferred in such
a way as to conflict with any law or regulation, including but not limited to
city fire and building codes.
o c.
Resolution No. 6389 (1988 Series)
Tract 1413
Page 2
2. There shall be no change in city - regulated provisions of the CC &R's without prior
approval of the Community Development Department.
3. Subdivider shall provide individual water services for each unit. Location of meters
shall be subject to the approval of City Engineer.
4. Subdivider shall provide individual gas and electrical services and metering for each
unit to the approval of affected public utility agencies and the City Engineer.
5. Final map shall note an easement for underground utilities serving the site to the
approval of the City Engineer and affected utility companies.
On motion of Councilman Settle , seconded by Councilwoman Rarma , and on the
following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day of February , 1988.
Mayor Ron Dunin
Resolution No. 5389 . (1988 Series)
Tract 1413
Page 3
APPROVED:
City A ministrative Officer
City 4torney
Community Development Director
, IicoPut-
RESOLUTION NO. 6388
A RESOLUTION OF THE COUNCIL OF
AWARDING A CONTRACT TO
THE PUBLIC WORKS FACILITY AT
(1988 SERIES)
THE CITY OF SAN LUIS OBISPO
D.W. PETERSON FOR
955 MORRO STREET PROJECT
WHEREAS, the City of San Luis Obispo advertised for bids on a
contract for the public works facility at 955 Morro Street project
(City Plan No. M44D); and
WHEREAS, D.W. Peterson submitted the lowest responsive bid at
$253,000.00; and
WHEREAS, the architect's estimate for this contract work was
$250,000.00;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San
Luis Obispo to:
1. award the contract to D.W. Peterson for public works_
facility at 955 Morro Street project;
2. authorize the mayor to execute the contract documents; and
3. direct the finance director to transfer $273,000.00 from the
capital outlay fund CRP appropriation to account number
040- 9422 - 091 -572.
On motion of Councilman Settle seconded by
Councilwoman - Rappa _, and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day
of February , 1988.
ATTEST• J
V
CITY CLERK PAM VOG S
I
APPROVED:
CITY A MINISTRATT OFFICER
.
INANCE DIRECTOR
FON DUNIN
R6388
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RESOLUTION NO. 6387
(1988 Series)
•
A RESOLUTION -OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO SUPPORTING EFFORTS TOWARD
FEDERAL GOVERNMENT IMPROVEMENT OF MARINER
SAFETY,AT THE MORRO BAY HARBOR ENTRANCE
WHEREAS, since the United States Government's construction of the
Morro Bay Harbor, numerous accidents have occurred at the harbor
entrance resulting in needless loss of life and property; and
WHEREAS, the harbor of Morro Bay provides a year -round shelter
for various boating groups including Commercial Fishing, Recreational
Boating, and.Sportfishing; and
WHEREAS, it is recognized that various boating groups often
travel great distances to use and enjoy this Central California Coast
facility; and
WHEREAS., the Morro Bay Harbor provides the only port of refuge
between Monterey and Santa Barbara during inclement weather
conditions; and
WHEREAS, lack of federal action to enhance mariner safety at the
Morro Bay Harbor entrance has and will result in continued
unnecessary loss of life and property to the residents and visitors
of this community, and jeopardizes commerce activities occurring at
said facility.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of
San Luis Obispo that the President of the United States of America
and the United States Congress be petitioned to direct the United
States Army Corps of'Engineers to fund the enlargement of the
existing harbor project boundaries seaward, beyond the existing
harbor jetties. in order to address the problem of large waves
breaking across the harbor entrance b,y additional dredging and /or
entrance reconfiguration; and
R6387
Resolution No
Page 2
6387 (1988 Series)
9
BE IT FURTHER RESOLVED that al.l necessary actions be supported
by United States Senators Alan Cranston and Pete Wilson, United
States Congressman Leon Panetta,.the San Luis Obispo County Board of
Supervisors, and the City of Morro Bay to accelerate the federal
obligation to increase national mariner safety at the Morro Bay
Harbor entrance.
On the motion of Councilman Settle seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Counclmembers Settle,_Rappa, Pinard, Reiss, and Mayor Dunin..
NOES : None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of February 1988.
- Z
------------------------
AYOR RON DUNIN '
ATTEST: l
-- ------- - P�&��
CITY CLERK PAMELA VOGES \
Approved:
inistrative Office
City A
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RESOLUTION NO. 6386 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING A
PROJECT AND APPROPRIATING FUNDS
FERRINI PARK. LANDSCAPE -& IRRIGATION -CITY PLAN 90. M -53Y
WHEREAS, dedication and landscaping of LoE 9 was a condition of the
approval of Tract 1182; and
WHEREAS, the City entered into an agreement to accept payment of
$14,000.00 from the developer to have the City complete the landscaping
after the completion of the improvements; and
WHEREAS, said $14,000 was deposited to the Parks -in -Lieu Fund in
February 1985; and
WHEREAS, the design of the landscaping is complete and was approved by
the ARC on November 9, 1987.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Plans and Specifications for City Plan Number M -53Y,
Ferrini Park Landscape and Irrigation are approved and staff is authorized
to advertise for bids.
SECTION 2. Funds in the amount of $20,000 are appropriated for design
and construction of City Plan No. M -53Y.
SECTION 3. The Finance Director shall transfer $20,000 from the
Parks -in -Lieu Fund into the following project accounts:
CAO.
040- 9562 - 092 -571 $1,750.00 for design
040 - 9562- 092 -572 $18,250.00 for construction
The City Clerk shall advertise for bids and report these bids to the
SECTION 4. The City Administrative Officer is authorized to award the
contract within the available funds.
R6386
Resolution No. 63C 6 988 Series) O
Page 2
SECTION 5
The City Clerk shall furnish a copy of this resolution to
the Public Works Director and the Finance Director.
On motion of Councilman Settle , seconded
by Councilwoman Rappa and of the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of
February , 1988.
APPROVED:
City bdministrative Officer
F nce Director
Meg
YOR RON DUNIN
s s s s
A-S." n
City Att ney
Public Works Director
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RESOLUTION NO. 6385 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT BETWEEN THE CITY AND WEST COAST AUCTIONEERS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and
incorporated herein by reference, between the City of San Luis Obispo and West
Coast Auctioneers is hereby approved and the Mayor is authorized to execute the
same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and a
copy of the executed agreement approved by it to: West Coast Auctioneers, and
City Administrative Officer, and the Director of Finance.
On motion of Councilman Settle
and on the following roll call vote:
, seconded by Councilman Reiss
AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 19th of January 1988.
YOR RON DUNIN
ATTEST:
I MI �
CITY CLERK PAMELA VOGES
APPROVED:
ty AdmVDistra — .f-i_cer
City A
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ante Director
R6385
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WEST COAST AUCTIONEERS
ISO Marquita
Paso Robles, CA 93448
(B05)1f3q -0202
Proposal
City of San Luis Obispo
Surplus Vehicle Sale
EXfIT
Proposed that Rick Graff, dba West Coast Auctioneers (WCA),
shall, on January 23rd, 1988 at 10:00 a.m., sell at auction
to the highest bidder those vehicles deemed as surplus by the
City of San Luis Obispo (approx. 35 =45 vehicles). Said sale
to take place at the "corporate Yard" located on Elk Street
In the City of San Luis Obispo.
West Coast Auctioneers will pay advertising and promotional
costs and provide adequate personnel on sale day to conduct
the sale. WCA will handle all vehicle paperwork and
transfers as required by the Department OF -Motor Vehicles. in
addition, WCA will collect all moneys and provide payment to
the City within 10 working days of the sale..
The Commission rate shall be 10% of the selling price of each
vehicle.
The City shall clean
in running condition
necessary papers and
Proposal Submitted by
on December 24, 1987
and detail the vehicles
to the "Corporate Yard"
ser -
and
wit
deliver them
the
h
K. Graff, Owner
Coast AuctioneE
Date Approved January 19, 1988 By
MAYOR RON DUNIN
Title
ATTEST-
2,i
CITY gLERK PAMELA V6 ES
O O C-02--
RESOLUTION NO. 6384 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING CONTINUED PARTICIPATION IN THE
CALIFORNIA "MAIN STREET" PROGRAM AS A
SELF - INITIATED CITY
WHEREAS, the California Main Street Program has been
established in the California Department of Commerce to
assist small cities and towns to develop a public /private
effort to revitalize the "Main Street" areas; and.
WHEREAS, the City of San Luis Obispo, through the
Downtown Business Improvement Association (BIA), has been
participating in the California Main Street Program as a
self- initiated city.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of San Luis Obispo as follows; -
SECTION 1. That the City of San Luis Obispo agrees to
continue to participate in the California Main Street
Program as a self- initiated city.
SECTION 2. That the City of San Luis Obispo in concert
with the Downtown Business Improvement Association
guarantees that a full -time Main Street Project Manager with
a travel and operating budget will be employed for calendar
year 1988.
On motion of Councilman Settle seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin
NOES: None
ABS T: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 19th day
of January , 1988.
-- , : . 51
ATTEST:.-,.
CITYI CLERK PAMELA OGES
R6384
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Resolution No. 6384
Page Two.
APPROVED:
o.
City Ad inistrative Officer
City A0orney
Community Development Direc
V
RESOLUTION NO. 6383 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the City Council herein declares that all
items of personal property listed in Exhibit "A" attached and
incorporated herein by reference shall be declared surplus property.
SECTION 2. That the sale of such property is hereby
authorized.
On motion of Councilman Settle seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 19th day of
January, 1988.
MAYOR RON DUNIN
ATTEST: 1 f
CITY CLERK PAMELA VOGES
t
APPROVED:
R6383
CITY OF SAN LUIS OBISPO
SURPLUS VEHICLE LISTING
1987 -88
DEPT. CITY NO. PLATE NO. YEAR 'DESCRIPTION
FIRE
1178
E246345
1982
BUICK CENTURY 4DR. SDN.
FIRE
8302
E220113
1982
OLDS CUTLASS 4DR. SDN.
FIRE
0880
E758644
1980
F350 CAB /CHASSIS
SEWER
0866
E198024
1966
FORD F600 DUMP TRK.
STREETS
0869
1969
MB PAINT STRIPER
STREETS
HERCULES MTER PUMP
STREETS
ONAN GENERATOR 15 KW
STREETS
0870
1970
GALION - ROLLER
STREETS
0470
E557699
1970
FORD 1 TON FLATBED
STREETS
0177
E696296
1977
TOYOTA L /BACK SDN.
BLDG.MNT.
0665
E176944
1965
FORD PICK -UP
GOLF CRSE
0575
E658029
1975
JEEP
WATER ADM
1380
E756514
1980
CHEV. MALIBU S/W
WAT.TRT.
0143
E76956
1943
FORD BOMB SERV. CARRIER
WHALE RK.
0280
E749384
1980
CHEV. PICK -UP
WATER
1175
36J81
1975
WESTCOASTER - SCOOTER
PARKS
0470
E557699
1971
FORD TRACTOR LOADER
ENGINRNG.
1879
E727878
1979
DODGE DIPLOMAT SEDAN
POLICE
0686
E925924
1985
CHEV. CAMERO Z28 SDN.
POLICE
0583
E447305
1983
DODGE DIPLOMAT SDN.
POLICE
1682
E219919
1981
PONTIAC GRAND PRIX CPE.
POLICE
1283
E447307
1983
DODGE DIPLOMAT SDN.
POLICE
1885
E464974
1985
FORD LTD SEDAN
POLICE
1585
E464977
1985
FORD LTD SEDAN
POLICE
1183
E447301
1983
DODGE DIPLOMAT
POLICE
0684
E460032
1984
FORD CROWN VICTORIA
POLICE
0784
E460031
1984
FORD CROWN VICTORIA
POLICE
0884
E460030
1984
FORD CROWN VICTORIA
POLICE
1385
E464980
1985
FORD LTD SEDAN
POLICE
1685
E464975
1985
FORD LTD SEDAN
POLICE
1785
E464778
1985
FORD LTD SEDAN
POLICE
0581
E76J08
1981
KAWASAKI
POLICE
2484
E95J31
1984
KAWASAKI
POLICE
0482
1DXB283
1983
CHEV. MONTE CARLO SEDAN
POLICE
1484
1KED524
1983
BUICK CENTURY SEDAN
POLICE
1284
1KFM072
1983
CHEV. MONTE CARL,O
POLICE
1884
1KLK748
1983
OLDS. DELTA 88 SEDAN
POLICE
2084
E460043
1983
CHEV. CELEBRITY
POLICE
2284
1KXW841
1983
CHEV. CELEBRITY
FXHiHIT "A"
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RESOLUTION N0. 6382 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 781 AND TRACT 1122
WHEREAS, the Subdivision improvements for Tract 781 and Tract 1122 have
been satisfactorily completed, and
and
WHEREAS, all public improvements have been constructed to city standards,
WHEREAS, the Subdivider has requested acceptance of the improvements.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
that the public improvements for Tract 781 are hereby accepted for maintenance
by the City of San Luis Obispo and the Council authorizes the release of all
but $62,580 of the Faithful Performance surety, said amount being 10% of the
original bonds to be kept on'file as a warranty for one year in accordance with
the Subdivision Agreement and State Law. The bond for Tract 1122 may be
released after February 3, 1988.
On motion of Councilman Settle
seconded by Councilman Reiss
,
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 19th day of
January , 1988,
oeio*
f"XFOR RON DUNIN
ATTEST:
i
I
CITY CLERK PAM VOGES
f . 1
R6382
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Resolution No. 6382 (1988 Series)
Page Two.
APPROVED:
ity Adm nistrative Officer
City AtI&rney
City Engineer
jk5 /t781acc
by
RESOLUTION NO. 6381 (1988 Series)
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION
TO BILL L. TERRA FOR HIS LONG AND DEDICATED
SERVICE TO THE CITY AND ITS CITIZENS
WHEREAS, Bi.0 L. Tmta began his erip.eoyment with the City o6 San Luis Obispo
on February 11, 1949, and
(:WHEREAS, Bd t e has spent 39 year3 a6 an equipment opera ton on aU manse -`e o6
equipment 6rom street sweeper to backhoe to loader to you name it, and
WHEREAS, Biee started out earning the ptinee.ey sum ob $10.10 1day graduatey
increasing to a current much more pn,Lnceey sum, and
WHEREAS, &Ut has aenved under 3 Pubeie Worizs Di)tectons, 5 Water Supe- t,intendents
and a dozen 6oremen and teadmen, and
WHEREAS, B-i ee hae estabZi,6hed an env ab.ee reputation throughout the community
as a ha&d- woAiing, competent; atd knoweedgeabee equipment operator, and
WHEREAS, B,iU hae achieved aU his City goats and has outeasted aU o6 Fws
contempotaJiie6, and
WHEREAS, BiU has determined that it .i5 time to take a wete- ewuted nest, and
WHEREAS, di,U s knoweedge and.ab<itity wit be messed by the City and by his
beP.eow empt.o yee6 .
NOW, THEREFORE, BE IT RESOLVED that this City Couneie wizhe6 to express .i is
g,tnt>itude and appreciation to B.i t L. Terra 6or .hi.6 39 years o6 hervice and the
contAibutionh he ha.6 made to the community.
On motion ob Councieman Settee, seconded by Counci&an Rei,es, and on the
Soteow.ing rott cage vote:
AYES: CouncZ&embeu Settee, Reiss, Pinard and Mayor Dunn
NOES: None
ABSENT: Counci woman Rappa
the borego.ing resoeution was passed and adopted this 19th day o6 JanucLty, 1988.
ATTEST:
� yes �n
CITY CLERK PAMELA VO S r{AYOR RON DUNIN
co 3a/
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RESOLUTION NO. 6380 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
The attached Traffic Work Orders for the period of October 1, 1987 through
December 31, 1987 are hereby approved.
On motion of Councilman Settle seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss and Pinard
NOES: Mayor Ron Dunin
ABSENT: Councilwoman Rappa
the foregoing Resolution.was passed and adopted this 19th day of January
1988.
Qas
YOR RON DUNIN
ATTEST: /
V
CITY -C'ERK PAM VOGE
APPROVED:
Adm'nistrative Officer
�
City Atpprney
ty Engineer
bl5 /wrkordrs
lib3 /wrt
by
R6380
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����i�ir►►►��IIIIIIIIIP► ►��III city o s tUIS OBIspo
COUNCIL ^JpEn
FROM: David F. Romero Wayn
SUBJECT:
MEETING DATE:
January 19, 198
VIT ITEM NUMBE
Prepared by: Barbara Lynch
Traffic Work Orders for the.Period of October 1, 1987 through December 31,
1987.
CAD RECOMMENDATION:
Pass resolution approving Traffic Work Orders for the period of October 1,
1987 through December 31, 1987.
BACKGROUND:
The City Engineer has, over the past three months, issued work orders making
changes to improve safety and operation of the street system. One -fifth of the
work orders were for parking changes, one -fifth were bus - related changes to
accommodate new bus routes, two- fifths were signing and striping changes and
the remaining one -fifth were red curbing and signal work.
It has been Council's policy in the past to accept this report on a quarterly
basis. This report satisfies this past policy.
FISCAL IMPACT:
Minor implementation costs associated with street maintenance.
RECOMMENDATION:
Pass resolution approving Traffic Work Orders for the period of October 1, 1.987
through December 31, 1987.
Completed Traffic Work Orders
(October 1, 1987 through December 31, 1987)
Available in the Council office for review
bl5 /wrkordrs
lib3 /wrk
by
RESOLUTION NO. 6379. (1987 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND DKS ASSOCIATES FOR CIRCULATION AND RELATED
STUDIES AND DIRECTING THE FINANCE DIRECTOR TO ENCUMBER FUNDS
WHEREAS, the City seeks to revise its Genera: Plan Circulation Element; and
WHEREAS, staff has negotiated an agreement with DKS Associates for consultant
services to conduct circulation and environmental impact studies and prepare revisions to
the city's General Plan Circulation Element.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The agreement attached hereto marked Exhibit "A" and incorporated herin
by reference between the City and DKS Associates is hereby approved and the Mayor is
authorized to execute the same.
SECTION 2. The City Finance Director shall encumber the total amount of the
contract ($119,180.00) under account number 001 - 4031 - 008 -086 using current appropriations
in that account and appropriations available in fiscal year 1988 -89.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of
the executed consultant's agreement approved by it to the City Finance Director,
Community Development Director and DKS Associates.
On motion of Councilmar ,Se*_ *_`le, seconded 'by' -- Co:in^'i'hiio4nan Rapp — I an=on
the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT:vone
ncn�n
Resolution No_ 6379 (1988 Series)
Page 2
the foregoing Resolution was passed and adopted this .5th day'of- Janua- 1988.
Ron Dunin
ATTEST:
4CLE CIT Voges
APPROVED:
4CityA ..... ........inistrative Officer
Ci5...........
At ney
........................
Community Development Director
0
CONSULTANT'S SERVICES AGREEMENT
This agreement, made this 5th day of January by and between the
City of San Luis Obispo, California (hereinafter referred to as "City "), and DKS
Associates of San Jose, California, (hereinafter referred to as "Consultant ").
WITNESSETH:
WHEREAS, City desires to retain a consultant to analyze traffic circulation within
the community. The services being provided by this consultant under this contract are
evaluation of traffic patterns and problems, development of proposals that will improve
circulation, and environmental assessment; and
WHEREAS, City desires to engage Consultant to provide these services by reason of
its qualifications and experience for performing such services, and Consultant has
offered to provide the required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. PROJECT COORDINATION
a. Citv. The Community Development Director shall be the representative of the
City for all purposes under this agreement. The director, or his designated
representative hereby is designated as the Project Manager for the City. He
shall supervise the progress and execution of this agreement.
b. Consultant. Consultant shall assign a single Project Manager to have overall
responsibility for the progress and execution of this agreement for
Consultant. Steven Jepsen hereby is designated as the project Manager for
Consultant.
Should circumstances or conditions subsequent to the execution of this
agreement require a substitute Project Manager for any reason, the Project
Managcr designee shall be subject to the prior written acceptance and approval
of the director. Consultant's Project Team is further described in Exhibit "C"
attached hereto and incorporated herein by this reference. Substitutions for
the individuals identified and the positions held as described in Exhibit "C"
shall not be made except with prior approval of City.
2. DUTIES OF CONSULTANT
a. Services to be furnished. Consultant shall provide all specified services as
set forth in Exhibit "A" attached hereto and incorporated herein by this
refercncc.
b. Laws to be observed. Consultant shall:
(1) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incident to the due and lawful
prosecution of the services to be performed by Consultant under this
agreement;
11
(2) In accordance with the standard of care recognized by professional
engineers, keep itself fully informed of all existing and proposed
federal, state and local laws, ordinances, regulations, orders, and
decrees which may affect those engaged or employd under this agreement,
any materials used in Consultant's performance under this agreement, or
the conduct of the services under this agreement,
(3) In accordance with the standard of care recognized by professional
engineers, observe and comply with, and cause all of its employees to
observe and comply with laws, ordinances, regulations, orders, and decrees
mentioned above;
(4) Immediately report to the City's Project Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this agreement.
c. Release of reports and information. Any reports, information, data, or other
material given to, or prepared or assembled by, Consultant under this agreement
shall be the property of City and shall not be made available to any individual
or organization by Consultant without the prior written approval of the City's
P.rojcct Manager.
d. Copies of reports and information. If City requests additional copies of
reports, drawings, specifications, or any other material in addition to what
the Consultant is required to furnish in limited quantities as part of the
services under this agreement, Consultant shall provide such additional copies
as are requested, and City shall compensate Consultant for the costs of
duplicating such copies at Consultant's direct expense.
0
LI
e. Oualifications of Consultant. Consultant represents that it is qualified to
furnish the services described under this agreement.
3. DUTIES OF CITY
City agrees to cooperate with Consultant and to perform that work described in
Exhibit "A" attached hereto and incorporated by this reference.
4. COMPENSATION
The Consultant will perform the work tasks as described in Exhibit ".A "..
Consultant shall bill City for labor and direct expenses upon completion of work
tasks 1, 2, 5, 6, 7, 9, and 10 as described in Exibit "A" and listed on Exhibit
"B." City will pay such bills within 30 days of receipt. The Consultant may not
charge more than the amount shown in Exhibit "B" without prior approval of the
City's Project Manager.
Consultant shall submit invoices every 30 days for progress payments for work tasks
3, 4, and 8 as described in Exhibit "A" and listed on Exhibit "B." Within seven (7)
days of receipt of consultant invoice, city shall determine whether satisfactory
progress has been made. Within 30 days of determination that satisfactory progress
has been made, city shall pay such bills.
Direct costs (computer processing, travel, and miscellaneous expenses) shall not
exceed the total amounts shown on Exhibit "B." All invoices to City shall identify
these direct expenses separate from labor costs for the completion of each task.
5. TIME FOR COMPLETION OF THE WORK
Program scheduling shall follow the attached chart (Exhibit "D ") unless revisions to
the chart are approved by the City's Project Manager.
Time extensions may be allowed for delays caused by City, other governmental
agencies, or factors not directly brought about by the negligence or lack of due
care on the part of the Consultant.
6. 'TEMPORARY SUSPENSION
The Community Development Director shall have the authority to suspend this
agreement wholly or in part, for such period as he deems necessary due to
unfavorable conditions or to the failure on the part of Consultant to perform any
provision of this agreement. Consultant will be paid the compensation due and
payable to the date of temporary suspension.
1. SUSPENSION; TERMINATION
a. Right to suspend or-terminate. The City retains the right to terminate this
agreement for any reason by notifying Consultant in writing seven days prior to
termination and by paying the compensation due and payable to the date of
termination; provided, however, if this agreement is terminated for fault of
Consultant, City shall be obligated to compensate Consultant only for that
portion of Consultant services which are of benefit to City. Said compensation
is to be arrived at by mutual agreement of the City and Consultant and should
they fail to agree, then an independent arbitrator is to be appointed and his
decision shall be binding upon the parties.
b. Return of materials: Upon such termination, Consultant shall turn over to the
City immediately any and all copies of studies, sketches, drawings,
computations, and other data, whether or not completed, prepared by Consultant,
and for which Consultant has received reasonable compensation, or given to
Consultant in connection with this agreement. Such materials shall become the
permanent property of City. Consultant, however, shall not be liable for
City's use of incomplete materials or for City's use of complete documents if
used for other than the project contemplated by this agreement.
8. INSPECTION
Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this agreement. All work done and all materials
furnished, if any, shall be subject to the City's Project Manager's inspection and
approval. The inspection of such work shall not relieve Consultant of any of its
obligations to fulfill its agreemcnt as prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, plan, documents and other materials prepared by or in
possession of Consultant pursuant to this agreement shall become the permanent
property of the City, and shall be delivered to the City upon demand. Consultant,
however, shall not be liable for City's use of incomplete materials or for City's
use of complete documents if used for other than the project contemplated by this
agreement.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings, conclusions, or
recommendations, if the same are called for under this agreement, on the basis of
differences in matters of judgment shall not be construed as 'a failure on the part
of Consultant to meet the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the performance of professional consulting services for
circulation studies and for environmental assessment. Consultant proposes to have
David J. Powers and Associates of San Jose perform the environmental assessment
portion of the contract as subcontractor. City is relying on the professional
reputation and experience of David J.. Powers and Associates of San Jose to perform
the services contemplated hereunder.
Consultant shall therefore contract only with David J. Powers and Associates of San
Jose as subcontractor for the provision of environmental assessment services. With
regard to all other services described in Exhibit "A;" City is relying upon the
professional reputation and experience of Consultant. All other services are not
assignable by the Consultant without prior written consent of City.
1 NOTICFS
All notices hereunder shall be given in writing and mailed, postage prepaid, by
Certified Mail, addressed as follows:
To City: City Clerks Office,
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Consultant: DKS Associates
2890 Zanker Road, Suite 107
San Jose, CA 95134
13. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any
manner or degree with the performance of the services hereunder. Consultant further
covenants that, in the performance of this agreement, no subcontractor or person
having such an interest shall be employed. Consultant certifies that no one who has
or will have any financial interest under this agreement is an officer or employee
of City. It is expressly agreed that, in the performance of the services hereunder,
Consultant shall at all times be deemed an independent contractor and not an agent,
or employee of City:
14. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City, its officers, agents
and emplovees of and from:
a. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of any person or
corporation caused by any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
b. Any and all damage to or destruction of the property of City, its officers,
agents,, or employees occupied or used by or in the care, custody, or control of
Consultant, or in proximity to the site of Consultant's work, caused by any
negligent act or omission of Consultant under this agreement or of Consultant's
employees or agents;
n
C. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of or damage suffered
or sustained by any employee or agent of Consultant under this agreement,
however caused, excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its officers, agents,
or employees;
d. Any and all claims and demands which may be made against City, its officers,
agents; or employees by reason of any infringement or alleged infringement of
any patent rights or claims caused by the use of any apparatus, appliance, or
materials furnished by Consultant under this agreement; ,and
C. Any and all penalties imposed or damages sought on account of the violation of
any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit is
due to negligence on the part of the Consultant.
Consultant agrees to save, keep and hold harmless City from and against all
claims, costs, suits, and damages, including defense costs and attorney's fees,
that may at any time arise because of damage to property or injury to persons
received or suffered by reason of the operation of Consultant, its officers,
employees, or agents, which may be occasioned by any negligent act or omission
to act which amounts to negligence on the part of Consultant.
C •
15. WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the Labor Code of the
State of California, which require every employer to be insured against liability
for workers compensation or to undertake self - insurance in accordance with the
provisions of that code, and it certifies that it will comply with such provisions
before commencing the performance of the work of this agreement.
16. INSURANCE
Consultant shall provide proof, satisfactory to the City, of comprehensive general
liability insurance in the amount of $1,000,000 per occurrence and annual aggregate,
automobile liability insurance in the amount of $1,600,000 combined single limits
per occurrence, and professional liability insurance in the amount of $1,000,000 per
occurrence and annual aggregate.
17. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply to, and shall
bind, the heirs, successors, executors, administrators, assigns, and subcontractors
of both parties.
18. WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or
condition of this agreement or of any provision, ordinance, or law shall not be
deemed to be a waiver of any subsequent breach or violation of the same or of any
other term, covenant, condition, ordinance, or law. The subsequent acceptance by
either party of any fee or other money which may become due hereunder shall not be
deemed to be a waiver of any preceding breach or violation by the other party of any
term, covenant, or condition of this agreement or of any applicable law or
ordinance.
19. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this agreement brought to
enforce the terms of this agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection with such an action from
the other party.
20. DISCRIMINATION
No discrimination shall be made in the employment of persons under this agreemen
because of the race, color, national origin, ancestry, religion or sex of such
person.
If Consultant is found in violation of the nondiscrimination provisions of the State
of California Fair Employment Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it shall thereby be found in
material breach of this agreement. Thereupon, City shall have the power to cancel
or suspend this agreement, in whole or in part, or to deduct from the amount payable
to Consultant the sum of Twenty -five Dollars ($25) for each person for each calendar
day during which such person was discriminated against, as damages for said breach
of contract. or both.
Only a finding of the State of California Fair Employment Practices Commission or
the equivalent federal agency or officer shall constitute evidence of a violation of
contract under this paragraph..
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21. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral. This document may be amended only by written instrument,
signed by both City and Consultant. All provisions of this agreement are expressly
made conditions. This agreement shall be governed by the laws of the State of
California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and
year first above written.
CONSULTANT
Michael A. Kennedy
DKS Associates
CITY OF SAN LUIS OBISPO
9 e —
ayor Ron Tunin
ATTEST: (j,
City T erk Pam Vo s
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EXHIBIT °A" WORK SCOPE
TASK 1: EVALUATION FRAMEWORK
This is an important element of the study which will define the goals of
the circulation element and the standards by which it will be judged.
This requires both local knowledge and sensitivity to local community
values. For these reasons this work will be coordinated through the
City's Community Development and Public Works Departments.
1.1 Project Initiation
DKS will meet with City representatives to discuss priorities of the study
and level of detail to be accomplished in the analysis. This initial
meeting will assure that work scopes and expectations are tailored to meet
the needs of the City. in addition, the City and Consultant will discuss
the aspects of modeling use and the maintenance of software to assure the
appropriate application of the TRANPLAN model in San Luis Obispo. Work
scope and budget allocations among individual tasks would be modified if
appropriate.
1.2 Goals and Objectives
Existing General Plan goals and objectives related to transportation, land
use, and the environment will be reviewed for consistency and
..applicability to the current conditions. Modification to the existing
goals and objectives would be made on the basis of City staff input.
Revised goals and objectives will serve as the basis for this circulation
study.
1.3 Evaluation Criteria
Evaluation criteria will be developed based on existing research and
discussions with staff to evaluate alternative network, corridor, and
intersection improvements. The focus would be on '!environmental
capacities" and "tolerance levels" for residential collectors such as
Broad Street (north) and Buchon Street, and safety and efficiency measures
for arterial roadways such as South Higuera and South Broad Street.
1.4 Performance Standards
The establishment of performance standards will reflect the community's
values and tolerance level for vehicle delay. This will ultimately serve
as an important element in the determination of future roadway
improvements. The evaluation of alternatives and the potential for future
development along important corridors such as Santa Rosa and Monterey
Streets will be dependent upon established standards of performance.
Level of service for functional classifications, by time of day and /or
intersection location, will be the basis for land use development controls
and development assessments for required off -site improvements.
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1.5 Definition of the Street and Highway System Hierarchy
This task will establish a common understanding among city staff and the
consultant of the city's street system, including technical terms,
concepts, and funs regarding traffic circulation in the study area.
The status of study area roadways with regard to current plan designations
and San Luis Obispo County designations will be identified and compared
for consistency. To accomplish this, the relationship between the city's
arterial system and those of cities similar to San Luis Obispo will be
explored. Constraints or problems will be discussed for the major
arterial and collector streets.
The purpose of this task is to identify those streets which are necessary
to carry traffic in the community as being distinctly different than those
streets serving only localized traffic. Since so many streets necessary
to move traffic in San Luis Obispo pass through neighborhoods, proper
designation will allow those individuals living on the streets to
understand the community -wide importance of maintaining streets to move
vehicles, and allow the City to deal effectively with "problem" streets
not designated as necessary to move traffic.
1.6 Plan Line Requirements
Existing plan line requirements will be examined in determining the need
for travel lanes on arterial streets. Cross sectional analysis will
include variable lane widths to accommodate desirable conditions and
constrained right -of -way conditions for built out corridors. Existing
plan line streets will be identified and mapped.
Task 1 Work products MKS Associates will prepare a working paper that
Presents the following:
a. A summary of transportation plan goals and objectives will be provided
along with an assessment of possible modifications based on staff
direction.
b. Evaluation criteria and performance standards will be provided that
allow for achievable levels of service and delay within a range of
reasonable limits of the City and development to fund.
c. An inventory of all collector and arterial roadway segments indicating
classification and plan line setbacks will be provided.
TASK 2. EXISTING CONDITIONS
This task will develop the quantitative and qualitative understanding
necessary for the study including: assembly of existing information,
defining the study areas, and assessing regional traffic implications.
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This task also considers which circulation improvements are necessary to
solve existing traffic problems from a compilation of city, county, and
developer traffic studies and EIR's. As part of this task an early
assessment of environmental constraints will be conducted to flag
potential problem areas.
2.1 Identify Study Area Boundaries
The study area for detailed traffic analysis and the regional sphere of
influence for system level impacts will be defined in consultation with
city staff. The traffic analysis will also take impacts from adjacent
communities and unincorporated growth areas into account in network
development and in the determination of local controls.
2.2 Assemble and Review Existing Data
DKS will assemble data from existing City and County files which is
relevant to the project, including:
o Traffic volume data
• Records pertaining to street and traffic control improvements that
have been made during the last 5 years.
• Engineering and enforcement experience relative to what works well
and techniques that have not lived up to expectations. The police
are on the scene daily and observe traffic characteristics which may
not be revealed in the accident reports.
• Documented citizen perceptions and concerns about traffic safety,
either site specific or generalized along the major traffic corridor
streets.
• Transit utilization for student, commuter, and other trip purposes by
route and time of day.
• Paratransit support programs and use.
• Pedestrian and bicycle facilities and standards.
• Contemplated improvements to the traffic network and their potential
for implementation, including City, as well as state programs.
• Existing traffic reports and environmental studies as listed in the
RFP.
2.3 Quantify Regional Traffic Demands
DKS will work with county staff to quantify historic and projected traffic
passing through and commuting to San Luis Obispo. Caltrans screenline
historic data will be used along with the county's trending analysis for
the SR1 and US101 access study. Economic and population trend factors
from the Angus McDonald Report will be used to determine traffic
distribution to Atascadero, Baywood /Morro Bay, 5 Cities area, and Edna.
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2.4 Existing Conditions Review
This task will allow for a systematic review of the identified problems
and issues in relationship to all transportation modes. Additionally,
early action items can be defined and pulled out for consideration while
the study is ongoing.
A comprehensive needs and deficiencies analysis will be conducted,
comparing existing traffic levels to available or anticipated roadway
capacity. This analysis will. identify areas of critical overload,
locations and magnitudes of potential problems, and areas of arterial
traffic "intrusion," or overflow, into inappropriate land uses (e.g.,
residential) .
Information on the needs and deficiencies of other modes, such as transit
services, pedestrians, and bikeways will be reviewed with the Transit
Manager- and summarized in the working paper. The transit information will
include type of service, number of routes, number of vehicles and
patronage data for each operator.
This assessment of existing conditions will provide direction for
formulating the circulation element and constitute the "Setting" for the
Circulation. Section of the EIR. Existing traffic conditions will be
described and locations of congestion, if any, identified. Graphics
identifying facility type and usage will be included that display the
results of the analysis of existing conditions.
An initial assessment of opportunities and constraints will also be made.
These will provide the basis for formulation of goals and policies for the
General Plan as well as provide direction on those alternative
improvements that are reasonable to consider for inclusion in the
Circulation Element. A review of environment constraints will be
conducted as part of this early effort to screen out those alternatives
with strong negative impacts.
2.5 Identify Improvements
Near and mid =term roadway improvements to address deficiencies found
through the roadway condition analysis will be identified. Improvements
will be recommended based upon traffic volumes and levels of service as
well as operating conditions, geometric design or pavement condition
Problems- Where conflicts between functional classification and traffic
conditions are found, improvements will be proposed to remedy the
situation as appropriate.
Task 2 Work Products: A working paper that includes the following:
a. A description of the existing roadway system in terms of its extent,
traffic volumes, levels of service, peaking conditions and traffic
growth will be provided. The report will be annotated with maps and
graphics as appropriate.
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b. Roadway deficiencies will be identified from the analysis of existing
conditions, and as projected from traffic reports conducted for the
city. A Preliminary environmental review and issues hot spots map will
be provided, identifying areas of concern.
C. A short to mid -range list of roadway improvement projects necessary to
accommodate existing traffic, along with planning level cost estimates.
TASK 3. NEIGHBORHOOD IMPACTS
The traffic issues associated with residential areas in San Luis Obispo
are complex. The evaluation of neighborhood transportation needs will
include the following: identifying real versus perceived problems, how to
balance the desire for isolation from problem traffic with the desire for
easy neighborhood access, and how to deal with arterial streets passing
through residential areas. A consensus position on neighborhood traffic
control will be sought through neighborhood meetings. Two neighborhood
meetings will be held within each of the two study neighborhoods
identified in the RFP, for a total cf. 4 meetings. Meeting Number One will
examine identified impacts and potential solution alternatives, while
meeting Number Two will examine alternatives and build consensus support
for improvement options.
3.1. Data Summary and Refinement
The refinement of base data will provide for mil the measurement of problem
severity and allow for a comparative analysis of the problem with other
similar streets elsewhere in San Luis Obispo. Existing city records and
Prior studies of development in the areas of north Broad Street and the
south downtown neighborhood appeared adequate for initial assessments.
Data will be provided by the City for neighborhood impacts identified
through the study process as determined necessary including:
• Speed data
• Turning movement counts
• Average daily traffic
• Through traffic
• Bike and pedestrian activity (as applicable), and
• Emergency access.
Task 3.2. Identification of Residential Traffic Control Alternatives
Individual satisfaction with existing conditions is usually based on
desires and expectations in relationship to perceived reality. In this
regard the introduction of technical conditions relative to identified
issues within the neighborhood itself will help establish a perspective
based on community -wide needs and priorities.
The analysis will provide for an overview of how the individual
neighborhoods fit into the larger community context, and will assist in
establishing priorities within the study area itself and within the
community as a whole. The analysis of traffic data will assist in the
clarification of identified traffic issues and provide for effectiveness
measures for existing and alternative traffic system evaluations.
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A post card survey will be developed by the Consultant for printing,
distribution and return collection by city staff. The Consultant will
tabulate and interpret the results of the questionnaire. The
questionnaire will help measure public perception related to the magnitude
of traffic problems and the acceptability of potential improvements. This
survey will be simple and short, setting direction for policies rather
than serving as a scientific tool for analysis.
Task 3.3 Public Meeting #1
Public Meeting Number 1: A meeting will .be held within each neighborhood
on consecutive evenings (two meetings) to examine traffic impacts and
comparative traffic data assembled by the City and the Consultant. Issues
will be refined and prioritized and alternative solutions will be
identified and discussed. The purpose of this meeting is to provide
information to work toward a common understanding of issues, perspectives,
and identify other areas of concern for inclusion into the study. The
format of the meeting would be to provide an open forum for input into the
study issues and identification of alternatives. The City shall schedule
the meetings, provide notice to participants and handle advertising.
Task 3.4 Alternatives Evaluations
The evaluation of alternative roadway improvements will be considered on
two levels: (1) community wide transportation needs, and (2) the
identification and analysis of specific neighborhood traffic control
devices. The analysis must examine selected roadway links in the
neighborhood within the context of broader transportation needs. The
overall goal of this evaluation process is to identify an acceptable
package of roadway improvements that provides an overall positive benefit
to the neighborhood areas and the community.
Task 3.4A Community Wide Transportation Needs
The application of traffic improvements must be considered in
relationship to the entire transportation system. Any application of
measures to control traffic on residential streets, without a
continued commitment to arterial street improvements, could increase
commuter travel time and delay. As such, the implementation of a
package of area traffic transportation system as a whole.
The evaluation will focus on maximizing improvements within the
existing right -of -way and long -term improvements that will
accommodate the projected needs of key roadways and intersections in
the study area. Major street improvement alternatives will be
examined for safety, efficiency, cost, implementation time, and
consistency with the San Luis Obispo General Plan.
Task 3.4B Neighborhood Traffic Control
The main purpose of residential traffic control is to serve and
protect the neighborhood environment, although a multitude of other
purposes could be served. Two concepts that have been tried with
varying degrees of success and controversy are !'traffic absorption"
and neighborhood "traffic separation ". Traffic absorption techniques
include signs, signals, medians and neckdowns.
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Task 3.5 Neighborhood Meeting #2
DKS will organize and facilitate neighborhood meetings on both identified
neighborhoods on consecutive evenings (two meetings) to discuss the
alternatives assessment and consultant recommendations. The purpose of
this meeting is to reach a consensus position on level and type of
improvement plans. The City shall schedule the meetings, provide notice
to participants, and handle advertising.
Task 3.6 Development of Recommendations
Recommendations will be developed that are consistent with the work plan
and based upon neighborhood objectives, identification and agreement on
issues and problem areas, and a consensus position on alternative
Priorities among participants in the study process. From this collective
input a recommended improvement program will be developed for
implementation.
Task 3 Work Products: A working paper that includes the following:
a. The Consultant will attend four neighborhood meetings in two
neighborhoods on two consecutive nights each to present information and
lead discussion with participants. The Consultant will prepare all
materials necessary for the meetings. The City shall schedule,
Publicize and obtain facilities for all neighborhood meetings.
b. A comparative analysis of environmental versus physical capacity of
residential streets and an evaluation of problem severity. Priorities
for program implementation will be based upon this analysis.
c. An analysis of: alternative consideration for neighborhood traffic
mitigation will be conducted and documented. Recommendations for
improvements will be based on a consensus position of staff and local
residents.
d, Develop an implementation plan as part of the overall transportation
improvements program that sets priorities for neighborhood improvements
with respect to community -wide priorities for funding.
- TASK 4. TRAFFIC MODEL
As a part of the overall work program, we propose to develop a traffic
forecasting model that will project future traffic volumes on City streets
based on land use inputs. Once calibrated, the model will be used in
this study for evaluating future circulation needs and alternatives. The
model will also be available to the City for future use in other studies,
if desired. The necessary software and training will be provided as a
part. of this work program.
DKS proposes to develop a network -based traffic forecast model
encompassing San ibis Obispo's city limits and Urban Reserve area. As
with most conventional traffic forecast models, the citywide model will
contain three major components:
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o Trip Generation: Estimation of total trips originating or
destined in each zone, as a function of land use type and
intensity. This defines the total amount of travel activity in
each zone.
o Trio Distribution: Use of a "gravity model" to forecast the
number of trips between each pair of zones based on the
model - estimated travel times between the zones and the number- of
trips generated in each zone.
° Trio Assignment» Assignment of auto trips between each pair of
zones to specific routes, with resulting volumes accumulated on
the network. We " "
propose to use capacity- restraint assignment
which spreads traffic loadings among alternative routes on the
basis of available roadway capacity through an iterative process.
A description of the individual steps to develop and apply the traffic
forecast model is provided below.
4.1 Design City Traffic Model
This first step will define the structure and initial parameters of the
model involving the following elements:
o Define and display the zone system: A traffic zone system
encompassing the city limits and urban reserve area will be
developed based on the density of the roadway network and the
availability of land use inputs, for approval by the City.
Consultant will design zones with advice and review of City. We
would expect to define up to 50 zones within the study area. At the
boundary to the City Traffic Model area, external gateways will be
defined to represent each entry /exit to and from the area.
o Develop Existing Circulation Network: The existing City and
surrounding street network will be encoded into the computer. The
network will include all freeways, interchanges, ramps, arterials,
expressways and major collectors in the study area. Other streets
would be added as appropriate to ensure adequate portrayal of travel
within the City.
As part of the network development and calibration process, travel
paths between selected traffic zones will be plotted and traced to
ensure that the network is constricted logically. The network coding
will also include geocoding for each network node to enable hardcopy
plotting and graphical output for city review.
o Define land .use data requirements: DKS will work with City planning
staff to define the type and format for summarizing available land
use data for use in the model, This is expected to include number of
dwelling units by type and square footages, acreages or employment
estimates for retail and non -retail commercial activities. This data
will be categorized by traffic zone by City staff.
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o Incorporate regional travel: The model will. b_ a structured to
incorporate estimates of through - travel (i.e., trips that pass
through San Luis Obispo with either origins or destinations within
the City) and external travel (i.e., vehicles that have one trip end
within the city but the other end outside). This travel component
will be estimated by Consultant for existing and future conditions
based on ongoing work by the Regional Transportati:on.Planning Agency.
4.2 Calibrate City Traffic Model
The traffic forecast model will be calibrated by operating it on existing
land use and network data and comparing model outputs (e.g., assigned
traffic volumes) to actual traffic counts along selected study area
screen -fines. This may require the City to collect supplemental data to
the extent they wish to validate the model and determine intersection
levels of .service. The "various model parameters such as trip generation
rates and distribution factors will be successively refined until there is
reasonable consistency between modeled and observed traffic counts, trip
lengths and other travel patterns. For costing purposes we have assumed
that the model calibration process (daily and PM peak) will require no
more than 12 calibration runs. All data for model calibration shall be
collected and provided by City staff.
4.3 Baseline Traffic Projections
The initial application of the model will test implications of build -out .
of the current General Plan land uses on the existing and programmed
circulation system, assuming no shift toward other modes, This "baseline"
application will provide directions for subsequent definition of
circulation alternatives, and also assist Community Development staff in
formulating changes to land use designations. City staff will provide the
necessary land use data for the build -out of. the current General Plan.
4.4 Alternatives Testing
DKS will prepare travel demand forecasts for future highway network
alternative scenarios to identify the most appropriate combination of
future improvements. This evaluation will include at least one network
that identifies ,relocated interchanges along US101. The number of model
runs necessary can be min; eed by proper planning of the alternatives to
be evaluated. For costing purposes, it was assumed that no more than
three future network alternatives will require evaluation. Additional
model runs will be provided on a fixed cost basis as provided by in
Exhibit "B ", Cost by Task.
A comprehensive needs and deficiencies analysis will be conducted for each
of the alternative network forecasts to compare projected. demand to
available or anticipated roadway capacity. This analysis will identify
areas of critical Overload, locations and magnitude of potential problems,
and areas of neighborhood "intrusion," or overflow, into inappropriate
land uses (e.g., residential). The analysis will also include a
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comparative evaluation of the effectiveness of each of the network
alternatives and ether measures such as increased transit ridership and a
collective system of transportation system management activities (as
described. in Task 6) in solving anticipated traffic problems in the City.
4.5 Model Installation and Training
Consultant will install the model on an IBM- oompatible PC computer at the
City's offices and provide training for city staff in the use of the City
Traffic Model. The Consultant will provide five days of training. The
initial day will be devoted to an overview of transportation forecasting
models in general and the City's model in particular. The remaining four
days will be set up as an exercise in producing and interpreting forecasts
from the model. The sessions will be phased in such a way as to allow
city staff time to absorb the material of each session before going on to
the next step. At the conclusion of the process, city staff should have a
complete working understanding of the entire process.
Task 4 Work Products:
a. A working paper will be prepared that documents the model design,
calibration results and application process. This, in combination
with the Users' Guide for the software, will provide the necessary
supporting documentation for the City traffic model.
b. For each alternative, outputs of the ' model will include:
o Peak hour and daily traffic volumes by link (roadway segment)
and at intersections (turning volumes) .Levels of service will
be calculated for all calibrated links and intersections.
o Summary plots that compare assigned volumes to roadway
capacities along all roadways and critical roadway links.
o Planning level estimates of intersection volume /capacity and
level of service. at key intersections will be compared with
adopted City criteria.
TASK 5: ALTERNATIVES EVALUATION
The identification and analysis of alternatives is an iterative process in
which a broad range of improvement options are examined and refined based
on projected future needs. The modeling process will be used to measure
the effects of alternative network modification to add potential new
roadway links or -to assess the impacts of improved corridor capacities
through adding lanes or creating one way pairs.
Since many alternatives have been proposed for the San Luis Obispo
transportation network and many have already been found to be either
unworkable or candidates for future study, DKS proposes a two phase
analysis that would include a sketch planning assessment to review with
City staff options before proceeding to a more detailed analysis of
alternative networks.
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5.1 Alternative Identification
DKS Associates would work with city staff to identify alternative roadway
networks for evaluation in an early attempt to ferret out non - productive
alternatives or alternatives that have previously been studied and
dismissed. The Consultant will focus on opportunities for roadway system
improvements taking advantage of the city's expertise and experience in
prior community transportation studies.
The results of the sketch planning effort will allow for the
identification of three alternative roadway networks for detailed study
analysis.
5.2 Network Refinement
,The identification of future roadway needs is an iterative process which
must balance the projected future traffic demand (a function of land use)
with the amount of capacity which can reasonably be provided in the
roadway network. This will involve consideration of physical constraints
(such as right -of -way) as well as cost Alternative roadway networks will
be evaluated for design year build out conditions.
Development of an effective Transportation Management program including
incentives for carpooling and flextime may lower peak hour demand
associated with employment centers, thereby reducing the need for capacity
increases. The effects of changes in auto demand will be reflected in the
.model evaluations of alternative roadway networks.
If very heavy traffic. demands are projected, it may ultimately be
necessary to consider the trade -offs between the amount of roadway
capacity which can be provided at certain points through the removal of
parking or street widenings, and the amount of delays to which motorists
are subjected.
DKS Associates will emphasize a balanced and reasonable circulation plan
for San Luis Obispo. This will be acoomplished by selecting workable and
fundable street improvements on a basis which allows meaningful comparison
of alternatives.
5.3 Alternatives Analysis
The sketch planning element will allow for development of alternative
evaluation networks for comparative analysis, while the more formal
evaluation will allow for a more detailed analysis of alternative
transportation network impacts.
A detailed evaluation matrix and its background analysis will be
documented in the working paper. Given this technical background, DKS
Associates will formulate a simplified matrix for presenting the
trade -offs between alternatives to non- technical. groups including Policy
bodies. This process will involve a simplified rating of each alternative
on a limited number of key objectives from the detailed evaluation matrix
in Task 1. DKS Associates will present this evaluation to the city staff
before finalizing the rating of alternatives.
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A more detailed envir -a imental review will assist in the study through the
identification of potential problem alternatives. This process will allow
for the screening of environmental sensitive issues as part of the
alternatives analysis.
Task 5 Work Products:
A future condition report which presents traffic volumes and levels of
service with alternative roadway networks will be provided. The report
will include a recommended circulation plan in conjunction with them and
will identify improvements required by the City under .the design year
build out conditions. A preliminary environmental review will be provided
for key alternatives as a screening device for evaluation.
TASK 6: TRANSPORTATION MANAGEMENT ANALYSIS
In this task, we will identify and evaluate transportation system
management (TSM) and transportation demand management (TDM) measures for
application in San Luis Obispo. The Consultant will provide the City with
a practical TSM program that can make meaningful reductions in the need
for facility expansion while avoiding the pitfalls of overexpectation that
has marked a number of programs in the past.
6.1 Identify Options for TSM /TDM
DKS will review the existing TSM/TDM measures and delivery mechanisms in
the City and identify other options that could be applied. These may
include parking management strategies, area -wide carpool matching
services, traffic signal management, incentives for bicycling, transit
services and promotions and other ideas. Generally, these fall into the
categories of either techniques to manage the supply or demand of
transportation services (e g., flextime) or measures to promote shifts to
alternative modes (e.g., carpool and transit incentives) . The key here is
to package a variety of complementary measures cost - effectively so as to
have maximum impact. These measures would be assembled into one or more
Policy alternatives. They would naturally focus on downtown application,
which is where greatest potential lies, but other activity centers,
especially Cal Poly, need to be included as well. specific techniques for
consideration include:
o Extend City employee carpool matching services citywide.
o Meter regional traffic on Broad Street or other overloaded streets
through signal timing techniques or provide directional
progression on parallel streets to simulate one way operation.
o Identify and promote convenient peripheral parking facilities
around downtown or other commercial concentrations to intercept
long -term or employee parking.
o Provide incentives for employers to promote use of alternative
modes such as reduced on -site parking requirements or increase
intensity incentives.
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o Develop revised traffic service standards for specific target
areas to allow greater delays on arterial streets.
6.2 Evaluate Policy Alternatives
Transportation policies have a major long -term influence on where people
live and work. Transportation facilities such as roadways and rail lines
become virtually permanent features of the landscape. They continue to
influence development far into the future. Therefore, major
transportation decisions have very long -range impacts.
Responsible transportation planning must, therefore, include consideration
of the impacts of decisions well into the future, beyond 20 years. There
are a number of specific overall policy issues which relate directly to
the development of a Long -range circulation plan that must be addressed.
Each of these issues identified for San Luis Obispo will be evaluated and
specific policy recommendations will be prepared for inclusion in the
Circulation Element Update. The following policy issues will be
evaluated:
• Parking with respect to future park- and -ride locations;
• On- street parking restrictions along arterial roadways;
• Highway Standards, to ensure compatibility and consistency with
other agencies and anticipated growth and development;
• Land Use Regulations, particularly with regards to protecting
right -of -way; and
• A revised Roadway /Street Classification System.
Task 6 Products: The fallowing work products will be incorporated into
the recommended circulation plan, Task 5:
a. working paper identifying candidate TSM /TDM measures and their
potential impacts on future traffic as well as their costs and
other impacts.
b. Recommendations for TSM/TDM program for City adoption, including
supporting General Plan policy(ies).
TASK 7: GENERAL PLAN UPDATE IMPACTS
The evaluation of the General Plan land use element will be conducted by
city staff concurrent with the development of the circulation element.
This task provides for the examination of transportation system impacts
for land use options, regional and local population growth scenarios, and
alternative mode programs.
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7.1 Land Use Options
Various land use options will be provided as input into the modeling
process to determine roadway impacts. DKS Associates will work with the
Community Development Department to assess the sensitivity of major
density and land use type changes.
7.2 Population Trends
San Luis Obispo is affected by areas of development outside its
jurisdiction that are primarily residential based: San Luis Obispo's
prior policies of discouraging population growth while not placing
restricting on job related industries has made it an importer of persons
for employment purposes. DKS Associates will work closely with city staff
and the county to determine the impacts of population base shifts on the
roadway network.
7.3 Evaluate Roadway Network Impacts
A comparative analysis of roadway impacts will be conducted based on
TSM/TDM assumptions from .Task 6. Two alternative 'model runs have been
budgeted for this task. Model outputs would be examined to determine
impacts to the recommended transportation system.
Task 7 Work Products:
A working paper that presents an assessment of alternative land use
modifications and PePelation growth factors will be provided listing the
potential impacts to the recommended transportation system.
TASK 8:._ ENVIRONMENTAL ASSESSMENT
8.1 Identification of Issues
An Environmental Impact Report will be provided for the adoption of the
Proposed amendments to the Circulation Element of the. City of San Luis
Obis
po's General Plan, our first step in analyzing and identifying the
impacts associated with the proposed amendments to the Circulation Element
would be to conduct field reconnaissances of the project area and identify
the conditions that presently exist throughout the project area in
Task 2.4. In connection with these field reconnaissances, we would review
and become familiar with the available relevant environmental documents.
Special attention will be given to the areas of concern that have been
Previously expressed in evaluating alternative improvements for traffic in
residential areas; 2) traffic in the downtown area; and, 3) regional
traffic impacts on .City roadways and neighborhoods created by the
proximity of U.S. Highway 101 and State Route 227. A screening of
alternatives has been established through both the existing conditions
review, Task 2 and alternative.analysis section, Task 5.
A -14
0 •
After the identification of the existing conditions and the formulation of
the basic components of the Circulation Element amendment, a public
scoping session would be held. The purpose of this public sopping meeting
is to identity the concerns of the residents of the City and to verify
that all issues of concern have been considered for the preparation of the
Environmental Impact Report We will attend and Participate in the public
scoping meeting, as necessary and appropriate.
8.2 Preparation of Draft Environmental Impact Report
After the formulation of the initial components of the .amendments to the
Circulation Element, we will beg' in
,preparing the Administrative Draft EIR,
addressing the anticipated or expected impacts created by the
imPlementation of the proposed project. These impacts are expected to
include noise, air quality, existing land uses (including historic
structures) growth and other related issues. The issue of growth will be
analyzed from two perspectives. One perspective is the development
anticipated and planned for in the City's General Plan. The other
perspective is the growth that could be accommodated by the roadway
capacity planned for in the proposed amendment to the Circ„lation Element.
The secondary impacts associated with growth and development will be
addressed.
We will analyze the impact of upgrading or modifying existing roadway
segments and compare these widening impacts to the congestion and other
impacts associated with leaving the roadway in their present condition.
Our analysis would identify and estimate the severity of the impacts
associated with roadway widening and right -of -way requirements and
acquisitions in the downtown area. The acquisitions are anticipated to be
significant in many cases as a result of the established development
Pattern in the downtown area. Additionally, the elimination of on- street .
parking would affect the already deficient parking situation in the
downtown and adjacent residential areas. Consideration will be given to
the benefits associated with possible im-
provements in these areas by
avoiding the adverse effects of roadway widening projects. The EIR will
consider the impacts associated with the relocation of residences and
businesses as a result of proposed roadway widening..
The EIR will use the existing land use traffic model as a basis of
comparison for alternative transportation network improvements. The EIR
will address impacts in a level of detail commensurate with the level of
detail of the proposed amendments of the Circulation Element. Additional
environmental review may be necessary for actual approval of construction
of roadway improvement projects.
We will prepare five copies of the Administrative Draft EIR for an
"in- house" review by the city staff. We will prepare a Draft EIR by
incorporating the revisions to the Administrative Draft EIR and reproduce
75 copies for circulation to the public and public agencies.
A -15
8,3 Public Review and Circulation of Environmental Impact Report
The Draft EIR will be circulated to the public and public agencies for a
45 day review period. Either during or after the public review period, we
Will attend and participate in a public hearing on the Draft EIR. Our
Participation will include responding to comments and presenting a short
synopsis of the Draft EIR.
8.4 Preparation of Final Environmental Impact Report
Following the Public review period and public hearing_ , we will prepare a
Final EIR by responding to comments on the Draft EIR and making any
necessary additions or revisions to the EIR. We will reproduce ten copies
of the Final EIR. The Final EIR and all other work. will be completed in
accordance with the California Environmental Quality Act. (CEQA) and City
of San Luis Obispo guidelines and procedures.
TASK 9: IMPLEMENTATION PROGRAM
This task synthesizes the previous work into a comparison and selection
process for plan implementation. The evaluative, funding, cost, and
environmental information for each alternative will be assembled and
analyzed and .a recommendation made as to the preferred development
alternative. To implement that recommendation, a master strategy will be
developed that links traffic growth rates, traffic operation improvements,
transportation service needs, transportation facility improvements, and
funding actions.
The major efforts in this task will be the selection of a distinct
strategy, and the development of supporting rationale for each of the
following transportation elements:
• Transportation Network Improvements
• TSM /TDM Plan
• Funding Sources
• Scheduling of Priority Projects
The implementation strategy must be flexible enough to accommodate
alternative future funding levels. The alternative funding levels could
sources, range from those based on secure sou, to those that include creative
financing techniques, some of which may ultimately _ be unfeasible. This
flexibility would be accomplished by a priority ranking system for
transportation improvements.
A -16
9.1 Transportation Network Improvements
A workable roadway system will be presented that balances land use needs
with transportation system requirements. This task will rely on inputs
from Tasks 5, 6 and 7 for selected circulation improvements. Areas
requiring an upgrade or new roadways will be identified by comparing the
proposed future condition to the existing roadway network. A system
mapping of lane use needs, right -of =way acquisition, and street
classification systems will be provided.
9.2 Design Standards
This task will identify prototype cress sections for the proposed roadway
improvements. Recognizing that a balance must be achieved between
facility cost (both capital as well as maintenance) and the capacity and
convenience of the roadways, we will review existing design standards for
conformity to revised street classifications and current practice —
Specific aspects to be looked at will include.
• Lane widths,
• Right -of -way and set -.back requirements
• Accommodation for parking, bicycles, pedestrians and transit.
Separate design standards will be developed as necessary for application
in new growth areas and in existing built out areas of the community
having constrained right -of -ways.
9.3 Funding mechanisms
This task will identify the range of funding sources available to the City
for development of the circulation system. A review of current practices
and policies will be conducted to help assess the alternatives which are
currently used by a variety of jurisdictions. This work element will draw
on our recent experiences in Concord, Pleasant Hill, Napa and Tracy, and a
nationwide survey of impact fees used by other cities recently conducted
by one of our "staff members as part of an ongoing Institute of
Transportation Engineers Committee project. Consideration for funding
options will include:
• Bonds
• Benefit Assessment Districting
• Sales Tax Initiative Funding
• Developer Contributions (exactions)
As a part of the early evaluation of the current General plan, we will
bracket the range of funding that can realistically be generated from all
sources and compare this to potential infrastructure costs associated with
the circulation plan.• This preliminary analysis will help to define the
directions for reshaping the recommended plan as well as suggesting the
magnitude and role for public versus private expenditures.
A -17
To the degree that the City wishes new development to °pay its own way",
Public funds may be largely earmarked to address existing circulation
problems , including maintenance as well: as capital projects. Monies which
are available over and above these amounts could be used to develop new
projects of Community -wide benefit (such as locally- funded improvements to
U.S. 101.) or to pay for a portion of new roadways included in the
circulation plan.
9.3 Transportation Management Plan
A program for TSM/TDM programs and standards for participation, including
a plan for monitoring and enforcing demand management provisions will be
developed out of Task 6. The potential mode split and demand reductions
on vehicle trips will be reflected in the circulation element as future
targets for improved service.
Information on the needs and deficiencies of non -auto modes, including:
transit, paratransit, pedestrians and bikes will be reviewed and
summarized.
9.4 Project Scheduling
Project scheduling will be dependent upon the availability of funding and
the anticipated need for the recommended improvement. A prioritized list
of projects will be prepared that lists cost estimates with funding
sources. Project priorities will consider the following factors:
o The likely timing. of need for each project
o The implementation or lead time required to implement a project.
(conceptual, environmental and engineering plan time requirements)
o Funding availability by year for each funding source.
Task 9 Work Products:
Work products are the draft and final reports listed in Task 10.
TASK 10: STUDY REPORTS
Based on the results of working paper development a composite set of
transportation policies, programs and elements will be developed. These
will include recommendations for transportation circulation improvements
and programs. The study report will provide a concise circulation element
update including: a roadway circulation element, alternative mode element,
and funding priorities. All other multi.modal support documentation will
be provided by the City for transportation activities beyond the scope of
study. The Consultant will incorporate this information into the Draft
and Final Reports.
A -18
10.1 Draft Report
The Draft Report will summarize all working papers and prior task work
Products into a single unified document. The report will be written in
easily understood language and be imolementationngri,ented. In identifying
the necessary policies, programs, and prioritization, the draft plan
will function as a master implementation strategy for the coordination of
land use alternatives and transportation systems improvements.
The plan recommendations will be both feasible and implementable with a
carefully designed balance between the major elements. The work related
to identifying the relationships between highway, TSM/TDM and transit will
allow the plan to maximize benefits of the transportation improvement
program.
Five copies of the Draft Report will be submitted to staff for review.
Upon acceptanCe by staff and amendment, The Consultant will submit "camera
ready" copy.
10.2 Presentation of. Circulation Element
DKS Associates will present the final Circulation Element to the Planning
Commission and City Council for adoption. The DKs Project Manager will
attend the meetings, public hearings, and/or study sessions conducted for
this Purpose- A total of two Polscy level meetings has been assumed for
DKS Associates would be available
time and for additional meetings on a
Material s or fixed fee basis as provided in Exhibit B, Payment
Schedule.
10.3 Final Report
The Final Report shall respond to written and oral comments received
regarding its content and will be revised to reflect the individual
concerns expres-Sed. Five copies of the Final Report shall be submitted
for staff review upon acceptance by City staff and amendment. The
Consultant will submit a camera ready copy..
A -19
EXHIBIT "B"
HOURS AND COST BY TASK
SAN LUIS OBISPO CIRCULATION ELEMENT
TASK TOTAL LABOR
HOURS COST
1. EVALUATION FRAMEWORK 40 $ 2,800
2. EXISTING CONDITIONS 176 8,340
3.
NEIGHBORHOOD IMPACTS
172
10,040
4.
TRAFFIC MODELa-
A. SOFTWARE LICENSE FEE
320
170900
2,000
B. TRAINING
3,000
S.
ALTERNATIVES EVALUATION
248
15,450
6.
TSM ANALYSIS
108.
71120
7.
GENERAL PLAN UPDATE
52
3,240
S.
ENVIRONMENTAL ASSESSMENT
340
20,720
9.
IMPLEMENTATION PROGRAM
180
11,800
10 -STUDY REPORTSb.
128
7,840
SUBTOTAL 1,764 $110,250
DIRECT EXPENSES:
COMPUTER PROCESSING_ $ 2,750
TRAVEL 3,300
MIS C. 2.880
SUBTOTAL EXPENSES $ 81930
TOTAL COST $119,180
Cost /Unit of Extra Services
a. Additional Model Alternative. Runs
Task 4.4 = $2,240 each Alternative Run
b. Cost of extra Public Meeting attendance = $620 each Public Meeting
Note: Tasks 3, 4, and 8 are to be compensated on a percent comlete
basis for periodic billings. p
EXHIBIT "C"
PROJECT ORGANIZATION
TRAFFIC MODEL
AND FORECAST
BRENT OGDEN
Task Leader
• A. ALBERS
• C. THNAY'
ENVIRONMENTAL
ASSESSMENT
DAVID POWERS
Task Leader
• M. JOHNSON
CITY OF
SAN LUIS OBISPO
PRINCIPAL -IN— CHARGE
MICHAEL KENNEDY
PROJECT MANAGER
STEVEN JEPSEN
TSM /TDP
ASSESSMENT
MICE KENNEDY
Task Leader
• S. JEPSEN
• R. GRANDY
9
CIRCULATION NEED/
PROGRAM DEYELOPMENT'
STEVEN JEPSEN
Task Leader
• R. GRANDY
• J. SOHRIAKOFF
CIVIL ENGINEERING/
COST ESTIMATING
DIANA WALKER
Task Leader
• M. HANNEMAN
FUNDING ANALYSIS
STEVE COLMAN
Task Leader
• R. LEE
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AMENDMENT TO CONSULTANT'S SERVICES AGREEMENT
This amendment, made this 5th day of January, 1988 by and
between the City of San Luis Obispo, California (hereinafter referred to
as "City "), and DKS Associates of San Jose, California, (hereinafter
referred to as "Consultant ").
Mais document amends the contract between the City of San Luis Obispo
1/5/88 (hereinafter referred to as "Agreement")
and DKS Associates dated , for the traffic circulation
and environmental assessment services.
City hereby authorizes Consultant to
work on Tasks 1, 21 3, and 4 as
provided in Exhibit A of the /l? Wq( Agreement. Further authorization is
given for work on Tasks 8 and 10 not to exceed twenty percent (20 %) of
Task 8 and fifty percent (50 %) of Task 10 as provided in Exhibits A and B
of the Prime Agreement.
By mutual understanding, it is agreed that work on the remaining -
Tasks 5, 61 7 and 9, and the completion of Tasks 8 and 10 will be
dependent upon an interim review of completed work and direction of
remaining tasks by City Council. Written authorization for the balance of
the study will be provided to the Consultant by the City with concurrence
from the San Luis Obispo City Council.
This Amendment further modifies Section 4 of the PAyc t ( Agreement to
allow for progress payments on Task 10 "Study Reports" based on work
described in Exhibit "A" and listed in Exhibit "B" of the Vita Agreement,
and as further modified by this Amendment The purpose of this change is
to provide for partial payment on working papers and extra meetings that
may be required on behalf of the City.
All other conditions of the.,P/4#0 Agreement apply. Any further
changes to the contract and/or this amendment must be in writing by mutual
agreement of all parties.
The City and Consultant have executed this Agreement the day and year
first written above.
CONSULTANT
DKS Associates
By Steven R. Jepsen
Title Director. San Jose Operations
CITY OF SAN LUIS OBISPO
MAYOR RON DUNIN
Authorized Signature
Title Mayor
ATTEST:
CI Y CLERK PAID OGES
o
RESOLUTION 6378(1988 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING THE
ADOPTION OF,CRITERIA FOR GRANTS -IN -AID
WHEREAS, the City Council provides funding to local non - profit groups
providing services that enhance the quality of life for City residents;
and
WHEREAS, the Human Relations Commission and the Promotional
Coordinating Committee review applications submitted by those agencies in
order to make fair and objective recommendations to the City Council
regarding appropriate funding through their annual Grants -In -Aid programs;
and
WHEREAS, in an effort to standardize and formalize that review
process, a set of criteria for Grants -In -Aid funding have been developed
by those commissions, as follows:
1. At least one appropriate representative from each applicant agency
will be required to attend a workshop which details the application
process.
2. The application must be completed in full and on time. Late or
incomplete applications will not be considered.
3. Applicants must have the status of a non - profit organization (Articles
of Inc., 501 C3 status, Federal ID number and Tax Exempt
Notification), prior to submitting proposals for funding.
4. Applicant proposals must be compatible with the current goals and
objectives of the Grants -In -Aid program.
5. Applicants must demonstrate they have the managerial and fiscal
competence to complete the proposed project.
6. Applicants must show what percentage of the total agency budget the
requested City funds represent, and what percentage of agency
Clients /participants /users will be City and County residents.
7. Applicants should be aware that there is no guarantee that funding
will be available to them in future fiscal years. Dependency on
future city funding is discouraged.
8. An applicant agency may not be eligible if its reserve is more than
10% of the organization's annual budget. Applicant agencies must
identify designation of any reserves in excess of 10 %.
9. Preference will be given to those agencies that provide direct
services to residents and that provide a clear description of how they
intend to use the City funds.
10. The City is reluctant to fund new projects which duplicate existing
programs. The applicant must show that this particular program is in
some way unique or needed by city residents.
R6378
Resolution No. 63 =;1988 Series)
Page 2
F
11. Applicants should be able to demonstrate clear attempts at
coordination with related agencies and a high use level of existing
community resources.
12. Applicants should be able to show their fundraising history as well as
clear attempts at obtaining funding from sources other than the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve and adopt
the above criteria for funding grants -in -aid programs of the Promotional
Coordinating Committee and the Human Relations Commission.
On motion of Councilwoman Rappa , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of January
1988.
ATTEST: D
"�C +�
CITY CLERK PAMELA -VIES
Approved:
City dministrative Officer
/ Z
Finance Direct
City A torney
'1
1 r �
MAYOR RON DUNIN
GRANTS -IN -AID
CRITERIA FOR FUNDING
1. At least one appropriate representative from each applicant agency
will be required to attend a workshop which details the application
process.
2. The application must be completed in full and on time. Late or
incomplete applications will not be considered.
3. Applicants must have the status of a non - profit organization (Articles
of Inc., 501 C3 status, Federal ID number and Tax Exempt
Notification), prior to submitting proposals for funding.
4. Applicant proposals must be compatible with the current goals and
objectives of the Grants -In -Aid program.
5. Applicants must demonstrate they have the managerial and fiscal
competence to complete the proposed project.
6. Applicants must show what percentage of the total agency budget the
requested City funds represent, and what percentage of agency
clients /participants /users will be City and County residents.
7. Applicants should be aware that there is no guarantee that funding
will be available to them in future fiscal years. Dependency on
future city funding is discouraged.
8. An applicant agency may not be eligible if its reserve is more than
10% of the organization's annual budget. Applicant agencies must
identify designation of any reserves in excess of 10 %.
9. Preference will be given to those agencies that provide direct
services to residents and that provide a clear description of how they
intend to use the City funds.
10. The City is reluctant to fund new projects which duplicate existing
programs. The applicant must show that this particular program is in
some way unique or needed by city residents.
11. Applicants should be able to demonstrate clear attempts at
coordination with related agencies and a high use level of existing
community resources.
12. Applicants should be able to show their fundraising history as well as
clear attempts at obtaining funding from sources other than the City.
rl
r lb
RESOLUTION NO. 6377 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO
DENY USE PERMIT A133 -87 AND VARIANCE V1342, DENYING THE USE
OF A SITE ON HIGH STREET FOR A CARWASH.
WHEREAS, the Planning Commission and City Council have held public hearings on this
use permit and variance in accordance with the city's Zoning Regulations; and
WHEREAS, the item has come to the council upon appeal from the Planning Commission
and the council has considered the reports of staff, minutes of the Planning Commission,
public testimony, and materials submitted by the applicant.
NOW, THEREFORE, the council resolves to deny the appeal and uphold the Planning
Commission's action to deny Use Permit A 133 -87 and Variance V1342 with the following
findings:
The granting of such an application would adversely affect the health, safety or
general welfare of persons living or working in the vicinity; specifically, the use
would result in hazards for traffic and pedestrians.
2. The use is not appropriate for the site. Specifically, the site is too small to
accomodate a self - service carwash and customer vehicles on -site.
On motion of Cqu.nc,ilrman, Set,t.le,, , seconded by ,Councilwoman Pinard
..............,
and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, and Mayor Dunin
NOES: Councilman Reiss
ABSENT: None
the foregoing resolution was passed and adopted this ..5th.. day of January ,
1988.
ayoer=o unn
ATT
City Clerk Pa loges
R6377
n
4'
Resolution No. 6377 (1988 Series)
Page 2
APPROVED:
ity A ministrative Officer
City Atto ey
/-11 %6 �
................... ..............
Community Development Director
judolcarres
r 1.1 !/ � T
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RESOLUTION NO. 6376 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM FOR FEDERAL -AID PROJECTS
WHEREAS, the Congress of the United States has in the 1986 U.S.
Surface Transportation Assistance Act declared it to be in the national
interest for federal funds to be expended for highway projects; and
WHEREAS, the City and the State have entered into Master Agreement
No. 05 -5016 for Federal -Aid Projects; and
WHEREAS, as a condition to receiving any Federal -Aid funds the City
agrees to comply with Federal Regulation 49CFR Part 23, "Participation by
Minority Business Enterprises in Department of Transportation Program; and
WHEREAS, the Federal Regulation includes requirements that recipients
of Federal -Aid funds adopt a "Disadvantaged Business Enterprise (DBE)
Program; and
WHEREAS, State policy requires that the City will administer its
Federal -Aid projects;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San
Luis Obispo, California, hereby:
1. Approves Exhibit A attached, entitled "Disadvantaged Business
Enterprise (DBE) Program ", and the Mayor is authorized to execute the
same.
2. Directs the City Clerk to transmit a copy of the adopted DBE
Program and this resolution to:
Mr. T. 0. Montague
Asst. Dist. Local Streets & Roads Engr.
California Dept. of Transportation
P. 0. Box 8114
San Luis Obispo, CA 93403 -8114
R 6376
� p
Resolution No. 6376 (1988 Series)
Page Two
3. Directs the City Clerk upon receiving State approval of this City
DBE Program, to prepare a Public Notice to be published in the
Telegram- Tribune for one day, and transmit a "Declaration or Proof of
Publication" of said Public Notice to:
Mr. T. 0. Montague
Asst. Dist. Local Streets & Roads Engr.
California Dept. of Transportation
P. 0. Box 8114
San Luis Obispo, CA 93403 -8114
On motion of Councilwoman Rappa , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 5th
day of January 1988,
��'
AYOR Ron Dunin
ATTES
CITY LERK Pam oges
r * r * r «
APPROVED:
City Administrative Officer
City Ayjorney //
A- ) -;k--._ 4.,. V1;'—
" Public Works Director
City E)gineer
jh5 /DBEprog
jms
J
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EXHIBIT "A"
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
CITY OF SAN LUIS OBISPO
I. Policy Statement
It is the policy of the City of San Luis Obispo to utilize
Disadvantaged Business Enterprises (DBE) and firms as defined in 49 CFR
Part 23 in all aspects of contracting to the maximum extent feasible.
This policy which is fully described herein constitutes policy and
commitment to substantially increase DBE Utilization in all program
activities funded wholly or in part by any U.S. Department of
Transportation model element.
This Agency, its contractors and subcontractors, which are the
recipients of Federal -aid funds, agree to ensure DBE firms have the
maximum opportunity to participate in the performance of contracts and
subcontracts. In this regard, this Agency and all of its contractors and
subcontractors will take all reasonable steps in accordance with 49 CFR
Part 23 to ensure that DBE and firms have the maximum opportunity to
compete for and perform contracts..
II. Disadvantaged Business Enterprise (DBE) Liaison Officer.
Director of Public Works, is the DBE Liaison Officer for this agency and
shall report to the City Administrative Officer. He will be assigned such
staff as is necessary to fully implement the provision of 49 CFR Part 23
and such other DBE programs as may be required.
III. Duties of the DBE Liaison Officer., The DBE Liaison Officer shall
develop, manage and implement the DBE Program on a day -to -day basis. The
Liaison Officer shall:
* Develop and carry out technical assistance programs for DBE's.
*
Arrange solicitations, time for the presentation of bids, quantities, .
specifications, and delivery schedules so as to facilitate the
participation of DBE's. Where such changes are found necessary to
increase DBE_ utilization, they will be made in consultation and
cooperation with the functional unit involved.
* Provide guidance to DBE's in overcoming barriers, such as inability to
obtain bonding or financing.
* Carry out information and communication programs. on contracting
opportunities in a timely manner. Programs shall be bilingual where
appropriate.
* Investigate the services offered by banks owned and controlled by
Disadvantaged Business Enterprises.
* Unless noted elsewhere herein the listing of DBE's certified by
Caltrans will be utilized. Said listing is to be made available to
all project bidders. Such lising will include the following
information: Name, address, telephone number, ethnic and /or sexual
ownership, type of work.performed by firm.
* Prior to approval of the substitution of any DBE sub - contractor, the.
prime contractors will be required to prove performance of good faith
efforts to replace the DBE with another eligible DBE.
* Establish a DBE overall annual goal. The goal shall be evaluated
annually and adjusted as necessary.
* Establish an appropriate individual project DBE goal for each Federal
Aid Project advertised.
* Perform good faith analysis when the project goal is not achieved.
* Maintain such documentation as is necessary to verify performance of
all activities included in this program.
IV. Public Notification
1. At the time of submittal of this program to the State Department of
Transportation, a notice in both minority and majority local media
will be published. Said publication shall include:
* The annual overall DBE goal.
* Notification that a description of how the goal was set is available
for public inspection for a period of 30 days.
ft
C-11
* Notification that both U.:S. DOT and this agency will accept comments
on the goal for 45 days from the date of the notice. The notice shall
advise interested parties that comments are for information purposes
only.
2. This program will be reaffirmed by public notice annually at the time
of publication of overall goal. If substantial changes are made to
this document, the entire document shall be subject to notification
noted in (1) above.
3. In addition to the foregoing, interested disadvantaged and majority
contractor organizations will receive direct mailings of this complete
program.
V. Establishment of Goal
1. The DBE goal will be established both annually (overall) and on a per
contract basis. The overall goal will be based on planned contract
activity for the coming year. The overall goal established will be
subject to methodology and procedures established in 49CFR Part 23,
Subparts (C) and (D) and take effect on October 1st of each year.
2. The overall DBE goal established with this initial program is 10% and
covers the period October 1, 1987 to September 30, 1988.
3. Individual project goals will be established based on the following
criteria:
* Attainment of established overall goals.
* Size of project.
* Opportunities for DBE's as subcontractors, vendors, and suppliers.
* Minority population of geographic area in which work is to be
performed.
* DBE goals being utilized in the geographic area by other State,
Federal or local jurisdictions.
* Availability of certified DBE's.
LM:7
40
• Past experience on projects similar to the project being evaluated.
• Such other factors as may affect the utilization of DBE's.
Complete evaluation documentation will be retained for each project.
4. Projects which do not contain a specific goal will contain the
following provisions:
A. "Policy. It is the policy of the Department of Transportation
that disadvantaged business enterprises as defined in 49 CFR
Part 23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal
funds under this agreement. Consequently, the DBE requirements of
49 CFR Part 23 apply to this agreement."
B. DBE Obligation. (i) The recipient or its contractor agrees to
ensure that disadvantaged business enterprises as defined in
49 CFR Part 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in
part with Federal funds provided under this agreement. In this
regard, all recipients or contractors shall take all necessary and
reasonable steps A n accordance with 49 CFR Part 23 to ensure that
disadvantaged business enterprises have the maximum opportunity to
compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of
DOT- assisted contracts."
VI. Contract Procedure
This program shall be implemented through the utilization of a
contract special provision which will be provided /updated as necessary by
Caltrans' Division of Local Streets and Roads. These procedures require
bidders to submit the names of DBE subcontractors and suppliers, a
description of the work each is to perform or material to be furnished,
and the dollar value of each DBE subactivity.
VII. DBE Notification
Projects will be advertised in local newspapers and minority focus
newspapers when possible. These ads will include reference to DBE
requirements and will indicate the DBE project goal.
DBE supportive service assistance centers will receive notification of
projects scheduled to be advertised. Such Centers will be afforded the
opportunity to receive complimentary plans and specifications for projects
within their geographical area of responsibility.
VIII. Selection Criteria for Projects with DBE Goal
Every project containing a DBE goal shall be evaluated by the DBE
Liaison Officer or his designee to ascertain bidding contractors' efforts
to attain the DBE goal. The award of any project must be concurred with
by the DBE Liaison Officer or his designee before said contract may be
awarded. Should there be disagreement between functional units concerning
contractors' efforts to attain contract goals for DBE participation, the
matter shall be referred to the City Administrative Officer or his
designee, for final determination.
Competitors that fail to meet the DBE goal and fail to demonstrate
sufficient reasonable good faith efforts shall be declared non - responsive
and ineligible for award of the contract.
All contracts that contain a DBE goal, pursuant to this policy, will
be monitored on an ongoing basis by project personnel during the course of
construction. The DBE Liaison Officer is to be immediately advised of any
•
a
circumstances wherein contractor compliance with the DBE provision is
questionable. The contractor shall submit 'a final report for each project
which includes total payments to the prime contractor as well as any
payments the prime contractor has made to DBE subcontractors, vendors and
suppliers. If the report indicates the prime contractor has not achieved
the project goal, project personnel shall attach an evaluation, in
narrative form, of the reasons for failure to attain the goal and any
corrective action that was taken.
Prime contractors will be required to notify the Agency of any
situation in which regularly scheduled progress payments are not made to
DBE subcontractors, vendors or suppliers.
IX. Set - Asides
If determined necessary by the DBE Liaison Officer, DBE Set - Asides
will be considered as a tool to achieve annual overall goals.
X. Counting DBE Participants
This Agency, its contractor's, and subcontractors shall count DBE
participation in accordance with the provisions of Section 23.47,
Title 49, of the Code of Federal Regulations.
XI. Records and Reports
1. The DBE Liaison Officer shall maintain such records, and provide
such reports, as are necessary to ensure full compliance with this
policy. Such records and reports shall include, as a minimum, the
following information:
* Awards to DBE's
* Awards to majority contractors.
* Final project reports concerning DBE utilization.
* Such other data as is needed to fully evaluation compliance with this
program
to
QI
2. The DBE Liaison Officer shall submit reports to Caltrans and /or to
the appropriate U.S. DOT element as required. These reports will
include:
* Number and dollar value of contracts awarded.
* Number and dollar value of contracts and subcontracts awarded to
DBE's.
* Description of general categories of contracts awarded to DBE's.
* The percentage of the dollar value of all contracts awarded during the
Year which were awarded to DBE's.
• Indication as -to the extent of which the percentage met or exceeded
the overall goal.
• Reports shall be broken down separately by ethnic grouping.
XII. Complaints
Any complaints received by the Agency concerning this program will be
investigated by the DBE Liaison Officer who will endeavor to resolve said
complaints within 90 days of receipt. The appropriate DOT element and
Caltrans will be furnished a copy of the complaint and may be invited to
participate in the investigation /resolution. The DOT element and Caltrans
will receive a complete investigative report on the complaint and may be
requested to concur in the proposed disposition of said complaint.
Contractors will be directed to notify the Agency of any complaints
they may receive concerning this program.
jh5 /dbeprog
by
IYl "r. I 'YI
RESOLUTION NO.6375 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF.THE CITY OF SAN LUIS OBISPO
APPROVING THE CENTRAL COAST REGIONAL TRANSIT
AUTHORITY JOINT POWERS AGREEMENT
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That certain agreement attached hereto marked Exhibit "A"
and incorporated herein by reference, is hereby approved and the Mayor is
authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of the executed .
agreement approved by it to: George Protopapas, County Engineer, San Luis
Obispo County Government Center, San Luis Obispo, CA 93408.
On motion of Councilwoman Rappa Y , seconded by Councilman Settle,
and on the following roll call vote:
AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th_ day
of January 1988.
Mayor Ron Dunin
ATTEST: 1
V _ _
City erk Pamela vogeo
APPROVED:
City Adm nistrative Officer
City A rney
s
R6375
� EXHIBIT "A"
JOINT POWERS AGREEMENT
CENTRAL COAST REGIONAL TRANSIT AUTHORITY
This Agreement, by and between the Cities of Morro Bay,
Atascadero and San Luis Obispo, the County of San Luis Obispo and
San Luis Obispo County Community College District, is hereby entered
into pursuant to Section 6500 et seq. of the Government Code of the
State of California.
This Agreement terminates the Joint Powers Agreement - North
Coastal Transit entered into on January 12, 1979 and as subsequently
amended. The Authority assumes all powers, duties, assets,
liabilities and obligations of North Coastal Transit.
ARTICLE I
GENERAL PROVISIONS
SECTION 1: PURPOSES.
The purpose of this Agreement is to
of the member agencies by the formation
with full power and authority to own,
public transportation system within the
Joint Powers Agency has jurisdiction. i
Exhibit .A. )
SECTION 2: NAME.
exe.rcise the common powers
of a Joint Powers Agency
operate and administer a
territory over which the
See map attached hereto a.s
The legal name of the Joint Powers Agency shall be Central
Coast Regional Transit Authority hereinafter referred to as
Authority.
SECTION 3: POWERS.
The Authority shall have all powers necessary to carry out the
purposes of this Agreement, except the power to tax. The power to
expend funds shall be limited only- by the availability of funds as
set forth in Section 1 of Article III, Financial Provisions of this
Agreement. The powers of the Authority specifically include, but
are not limited to, the following:
a. To operate a public transit system to serve the Highway 1
Corridor between the Cities of Morro Bay and San Luis Obispo
including the Baywood -Los Osos Area, and the Old Highwa.y 101
Corridor between the Cities of San Luis Obispo and Atascadero, as is
shown on the map attached hereto as Exhibit A.
b. To sue and be sued.
C. To employ agents, employees and to contract for
professional or other services.
d. To make and enter into contracts including labor and
employment contracts.
e. To acquire, convey, construct, manage, maintain and
operate buildings and improvements.
f. To acquire and convey real and personal property.
g. To incur debts, liabilities and obligations.
h. To apply for and execute contracts of financial assistance
from state and federal agencies and to obligate the agency to
operate the improvements, equipment, or transportation system in
accordance with the terms and conditions of said financial
assistance.
i. To purchase necessary insurance.
SECTION 4: AUTHORITY IS A PUBLIC LEGAL ENTITY.
Central Coast Regional Transit Authority, is a public entity
duly formed and existing under the laws of the State of California.
It is a separate and distinct legal entity from its member
agencies. The debts, duties and obligations created pursuant to the
this Agreement, or those created pursuant to previous Agreement.,
shall be solely the obligation of the Central Coast Regional Transit
Authority and not those of its member agencies or of officers,
employees, members of the Authority or representatives of the member
agencies.
ARTICLE II
ORGANIZATION
SECTION 1: THE AUTHORITY.
The powers of the agency are vested in its Governing Board.
The Governing Board shall be composed of one representative from
each member agency. Each member of the Board shall have one vote.
Each member agency shall appoint one regular representative and one
alternate representative to the Board, and shall notify the agency
in writing of their appointments or of any change of
representative. The representative shall serve solely at the
pleasure of the appointing member agency. Representatives shall be
either elected officials or officers or employees of the member
agency.
SECTION 2. MEETING - VOTING QUORUM..
The Board shall establish a time, place and date for a regular
monthly meeting. Regular meetings may be adjourned from time to
time. Special meetings may be called by the Chair or upon written
K
o
request of any two members of the Board. Members shall be given at
least 48 hours written notice of special meetings, provided however,
the representative of any member may waive said notice.
A majority of the members shall constitute a quorum for the
transaction of business.
Nothing in this section shall conflict with any Brown Act
requirements.
Unless specifically_ limited by this Agreement, the vote of a
majority of the members present at any regular, adjourned or special
meeting shall be sufficient to act upon any matter.
SECTION 3: OFFICERS.
The Board shall elect a Chair and Vice- Chair, and the Vice
Chair shall act in the absence of the Chair. The Board shall also
elect such other officers as deemed necessary.
All officers shall serve for a term of one year from the date
of their election or until their successors are elected. The Chair
or Vice -Chair is authorized to execute all documents in the name of
the Authority.
SECTION 4: ADMINISTRATION.
The Board may, in its discretion, appoint an administrator of
the transit system, to serve at the pleasure of the Board, and to
have the power to certify agency documents as required by law and to
assume such duties and responsibilities as the Board may direct.
SECTION 5: NEW MEMBERS.
The Board may accept new members to the Board on such terms and
conditions as the Board may prescribe.
SECTION 6: CHANGE OF BOUNDARIES.
The boundaries of this Authority are subject to change, but
shall initially be as set forth upon Exhibit "A" attached hereto and
made a part of this Agreement and incorporated herein by reference.
If any portion of the unincorporated area of the County is annexed
to a member city, that annexed portion shall automatically be
included within the boundaries of this Authority, and the said
member city shall assume any obligations of the County as to that
%area. If a new city should be formed in any portion of the
unincorporated area of the County presently included wi.thin the
territory of this Authority, and if such a new city should become a
party to this Agreement, then the affected area shall be the
responsibility of the new city and the County shall not be
responsible for any obligations on account of the area. so included
3
within the new city as of the effective date of the incorporation of
the new city. The boundaries of this Authority shall be adjusted to
reflect annexations or new incorporations as set forth hereinabove.
If the new city should not become a member of this Authority, then
the area of the new City shall be deleted from the area of this
Authority.
ARTICLE III
FINANCIAL PROVISIONS
SECTION 1: BUDGET - LIMITATION OF FINANCIAL COMMITMENT
The Board shall establish the fiscal year for the Authority and
shall, prior to the commencement of each fiscal year, adopt an
annual budget. The budget may additionally carry funds for future
fiscal years where necessary to reflect obligations under state or
federal funding agreements, to the extent allowable by California
law.
The representatives
expenditures beyond one
legislative bodies of the
be required to expend any
operations of the Board.
be funded from revenues
appropriate revenue sour(
contribution to the agency
shall not obligate the Authority to
year without express approval of the
member agencies. No member Agency shall
of its general fund monies to support the
The operation of the transit system shall
derived from operations and any other
:es. Each member shall make an annual
for funding the adopted budget.
The formulas for funding the operation of the existing bus
lines are as follows:
Morro Bay Route (Route 7)
The formula for funding the operation of this route will
consider population of the area served and daily passenger
miles departing from the members jurisdiction. Sixty -five
percent of the operating costs will be funded according. to
population, the remaining thirty -five percent according to
passenger miles. The populations of the Cities of Morro Bay
and San Luis Obispo shall include the populations within their
respective incorporated areas.
Each local agency's funding share shall be based uoon the
amount that the member's population bears to the total
population of all the members. For this route the service area
of the County of San Luis Obispo includes the populations of
the students housed at California Polytechnic State University,
the California Mans Colony, Los Osos, Cayucos, Cambria and the
Estero Rural area. Population figures for the California Mens
Colony and the Cal Poly residents shall be provided by the
respective institutions.
4
o •
The passenger- miles information shall be based upon an annual
on -board survey taken in the month of January. The survey will
be of a one day duration.. The main purpose of the survey is to
determine the rider's place of residence and trip length. .
Cuesta - CMC Route (Route 8):
One third the total cost of operating this route shall be paid
by each of the following agencies. City of San Luis Obispo,
County of San Luis Obispo and San Luis Obispo County Community
College District.
Atascadero - (Route 9):
One third the total cost of operating this route shall be paid
by each of the following agencies: Cities of San Luis Obispo
and Atascadero and the County of San Luis Obispo.
A6y population percentages utililized shall be based annually on
figures prepared from SS 90 estimates of the State Department of
Finance.
SECTION 2: EXPENDITURES.
The Board may establish procedures and policies to insure
competitive prices for the purchases of goods and services. Formal
bidding shall not be required unless directed specifically by the
Board or unless required by state or federal law. Particularly in
the purchase of equipment, including buses, the Board may consider
the design, maintenance and operating costs, and other similar
factors in determining the most suitable equipment and need not
purchase equipment having the lowest initial cost.
SECTION 3: TREASURER AND AUDITOR.
Pursuant to Government Code Section 6505.5, the Treasurer of
the County of San Luis Obispo is hereby designated as Treasurer of
the Board. The Treasurer shall have the powers and duties set forth
in Government Code. Section 6505.5.
The Auditor /Controller of the County of San Luis Obispo is
designated as Auditor of this Authority, likewise pursuant to
Government Code Section 6505.5, with the powers and duties set forth
therein.
SECTION 4: ANNUAL AUDIT.
The Board shall cause an annual audit to be prepared and filed
in accordance with Government. Code Section 6505 and Public Utilities
Section 99245 unless provided by the Area Coordinating Council.
5
o •
SECTION 5: PERIODIC REPORTS.
The Board may require periodic reporting of ridership,. finances
or other pertinent information. It shall be the responsibility of
the contractor and administrator to provide such reports in a form
acceptable to the Board.
SECTION 6: OFFICIAL BONDS.
The Administrator and such other employees
Board may direct shall file an official bond in
determined by the Board. The cost of said bond(s)
the Authority.
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 1: WITHDRAWAL OF MEMBERS.
or agents as the
an amount to be
shall be borne by
Any member of this Board may withdraw at any time after written
notice to the Board.
If the Board has contractual obligations to continue operation
of a public transit system at the time of withdrawal of any member
agency, the remaining member agencies may impose such conditions
upon the withdrawing member agency as may be reasonable, including
future financial support to meet the contractual obligations of the
Board at the time of withdrawal. The obligations of the withdrawing
member agency shall not extend to the general funds of the
withdrawing member.
SECTION 2: AMENDMENT OF AGREEMENT.
This Agreement may be amended at any time with the approval of
ail-the legislative bodies of the member agencies.
SECTION 3: RATIFICATION- EFFECTIVE DATE.
This Agreement shall become effective upon ratification by all
member agencies. This Agreement shall be dated and shall be
effective upon the last date ratified by a member agency.
SECTION 4: ASSIGNABILITY.
In the event it is deemed in the best public interest to have
the public transportation system operated by another individual or
entity, whether public or private, and provided that the operation
complies with State and Federal law, the Board may sell, lease, or
assign all of its real and personal property and may assign
operations upon such terms and conditions as the Board determines to
be reasonable.
rl
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SECTION 5: TERMINATION.
This Agreement shall continue in full force and effect until
cancelled by a majority of the member agencies.
SECTION 6: NOTIFICATION TO SECRETARY OF STATE.
Pursuant to Government Code Section 6503.5, the Board shall
cause a notice of the execution of this Agreement to be prepared and
filed with the Office of the Secretary of the State of California,
within thirty (30) days after the effective date of this Agreement.
Until such filing is completed, the Board shall not issue any bonds
or incur indebtedness of any kind.
7
0 0
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective on the day of , 1987,
which is the last date of signing by a member.
SAN LUIS OBISPO COUNTY
COMMUNITY COLLEGE DISTRICT
By:
Chairperson, Board of Trustees
Date Signed:
COUNTY OF SAN LUIS OBISPO
CITY OF SAN LUIS OBISPO
By
Mayor
Date Signed: /
CITY OF MORRO BAY
By.
Mayor
Date Signed:
CITY OF ATASCADERO
By: By:
Chairman of the Board of Mayor
Supervisors
Autharized by Board Action on
, 1987.
Date Signed:
APPROVED AS TO FORA AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By: gk:e7��
Deputy We C u sel
Dated: Wev , � qf2
Co. Eng. JW /nt
0150x 0056x
L•'
Date Signed:
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RESOLUTION NO. 6374 (1988 Series)
A RESOLUTION OF,THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
LA FIESTA DE SAN LUIS OBISPO
FOR CITY TO PAY ASSOCIATION $3,620.00
TO BE EXPENDED FOR FISCAL YEAR 1987 -88
BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. That certain agreement attached hereto, marked Exhibit
"A," and incorporated herein by reference, between the City of San Luis
Obispo and La Fiesta de San Luis Obispo is hereby approved and the Mayor
is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: La Fiesta; City
Finance Director.
On motion of Councilwoman Rappa , seconded by Councilman Settle , and
on the following roll call vote:
AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of
January , 1988.
ATTEST
CITY_ LERK Pam Vc0es
Approved:
r, G
Cit ministrat,;Or er
City At orney
inance Director
MAYOR Ron Ounin
R6374
A G R E E M E N T
TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS 081SPO
TO CULTURAL, ARTISTIC OR FDUCATTONAL ORGANIZATIONS
FOR FISCAL YEAR 1987 -88
LA FIESTA DE SAN LUIS OBISPO
This agreement, made and entered into this day of
1988, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation (referred to herein as "City "). and LA FIESTA DE SAN LUIS
OBISPO, a non - profit organization (referred to herein as "Association);
WITNESSETH:
WHEREAS, City desires to sponsor and support activities of a
cultural, artistic., and educational nature for the benefit of the City's
residents for the promotion of the City as an inviting place for visitors
and tourists; and
WHEREAS, Association has demonstrated its ability to provide a
program which contributes to the quality of life in San Luis Obispo; and
WHEREAS, Association has requested City to grant it funds to conduct
its program; and
WHEREAS, City has established La Fiesta as a line item grant in the
amount of $3,620.00; and
NOW THEREFORE.:
1. City agrees to pay Association the sum of Three Thousand Six
Hundred Twenty Dollars ($3,620.00) to be expended for the purpose of
organizing and staging the events of La Fiesta.
2. On or before October 1, 1988, Association will provide City with
a detailed statement of its income and expenses for the previous twelve-
month period ending September 1, 1988.
3. Association and all of its agents, representatives, and
participants in any manner in the performance of Association's obligations
and duties hereunder shall be employees, independent contractors or
volunteers for Association and shall not for any purpose be considered as
employees or agents of City. Association agrees to hold City harmless and
to defend City in any action, proceeding, or hearing wherein the cause of
action or claim is based upon allegation that any person acting on behalf
of Association or the Association itself is an employee or agent of the
City including, without limitation, all actions and claims based upon
contract, tort, or statutory provisions.
4. For purpose of notice under this Agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
1 V.a 6b 99.
City: Office of the City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -81.00
Association: La Fiesta de San Luis Obispo
P.O. Box 1733
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers duly authorized, as of the date first written
above.
ASSOCIATION:
LA FIESTA DE SAN LUIS OBISPO
By Y1Se_ N!7��1 --
Vicki Carroll, President
2
CITY:
CITY OF SAN LUIS OBISPO
By:
Ron Dunin, Mayor
ATTES
Pame a Voges, City C rk
Attachment 1
RESOLUTION ND. 6373 (1966 SERIES)
A RESOLUTION.OF THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO- EXTENDING THE
CURRENT ADDENDUM TO THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE SAN'LUIS.OBISPO POLICE OFFICERS' ASSOCIATION;
AND AUTHOR IZING.THE CHIEF OF POLICE TO ADOPT OR
CHANGE WORK SCHEDULE PLANS AS NEEDED..
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. The modification and extension to the Addendum of the
current Memorandum.of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Officers' Association, attached hereto as
Exhibit "A ", and incorporated herein by this reference is hereby adopted
and ratified.
Section 2.. The City Council,'further, reaffirms the authority of
the Chief of Police to alter or adopt necessary schedule changes to meet
the needs of the City and /or its employees.
Section 3, The City Clerk shall furnish a copy of this resolution
and a copy of the executed Extended Addendum to Gary Nemeth, President of
the Police Officers' Association; Ann Crossey,,Personnel Director; Dixon-
Flynn, Acting Finance ,Director; and James Gardiner, Chief of Police:
On motion of Councilw `oman_Rappa,_seconded_by- Councilman Settle,. and or_ the
following roll call vote:
AYES: Councilmembers Rappa, Settle, P natd, Reiss and Mayor Dunin
NOES: None.
ABSENT: None
R6373
Resolution No. 6M (1988 Series)
Page 2
the foregoing resolution was passed and adopted this 5th day of
January, 1988..
Mayor Ron Dunin
ATTEST:
/1
City Clerk, PamelaXVoges
APPROVED:
"—
City A,ministrative Officer
City AUorney
Finance Director
j
Personnel Director
Attachment 1
Exhibit A
SIDE LETTER TO ADDENDUM
of 1985 -88 Memorandum of Agreement
Between the City of San Luis Obispo
and the San Luis Obispo Police Officers Association
By mutual consent of the City and the Police Officers Association,
the attached addendum with sideletter adopted May 19, 1987 by Resolution
6216 (1987 series) is hereby modified to read as follows:
A. Page One, Paragraph One :
In an effort to improve scheduling, the Chief
of Police desires to implement a 3/12 Work
Hour Plan. This plan will be implemented
beginning January 1, 1988 and will remain in
effect until such time that it is no longer
determined to be beneficial to the City and /or
the Police Officers' Association.
B. Page One, Paragraphs Two, Three, Four and Five:
All Paragraphs deleted.
C. Page Two, Paragraph One:
Deleted.
D. Page Two, Paragraph Three:
Deleted.
The City and the Police Officers Association agree to continue all
other aspects of the current addendum to the 1985 -86 MDA as written through
June 30, 1988.
The City and Police Officers' Association also agree that all
other provisions of the current MOA, not effected by the addendum, will
remain the same.
Nothing herein should be construed to indicate that the City will,
in any way, relinquish current or future management prerogatives to
establish necessary work plans appropriate to the needs of the Department.
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