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HomeMy WebLinkAbout6373-6399and 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 Page 2 of 14 • 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 Page 3 of 14 C C 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. Page 5 of 14 ® • 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. Page 6 of 14 C1 • 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 Page 9 of 14 CJ 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. Page 11 of 14 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 C o 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 C� O 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 C 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 C O 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 C 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 �l lt, ►,n �iv2 �--- �'. �rJ . � r .__�� ..., . _. �� C, 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 �a/y, �- �1 . 7 .. .,b 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 , o 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 /. o 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 ��� �. ,- � � _ , r� • - 9 0 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 o� 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. 0 0; 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. 0 0 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 0 0 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 0 0 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 � o 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 v/ O 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 C M 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 c RESOLUTION NO. 6390 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE DONATION OF PUBLIC ART FOR THE MISSION PLAZA FOUNTAIN AND AUTHORIZING CITY ASSISTANCE FOR INSTALLATION OF THE ARTWORK WHEREAS, the City Council has adopted Resolution No. 5645 (1985 Series) supporting the installation of art in public places; and WHEREAS, the City has received a proposal from the Stanley Von Stein Memorial and Mary Jane Duvall Trusts, herein called "Donors ", of a donation of public art for the Mission Plaza Fountain; and WHEREAS, the proposed public artwork complies with Council- adopted Interim Guidelines For Public Art, Resolution No. 6362 (1987 Series); and WHEREAS, the Planning Commission, Architectural Review Commission, Promotional Coordinating Committee, and the Parks and Recreation Commission have held public hearings on the proposal, and as a result of their review and findings recommend that the council accept the proposed donation of public art for the City; THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION L. Acceptance of Public Art. The proposed donation of public art as shown in Exhibits "A" and "B" is hereby gratefully accepted by and for the citizens of the City of San Luis Obispo. 7b SECTION 2. Placement. Said artwork shall installed and displayed in Mission Plaza for the enjoyment and appreciation of the public, as shown in Exhibit "A" The Community Development Director and the Public Works Director shall be responsible for insuring that the placement and construction of the artwork complies with applicable city codes, programs, and adopted policies. R6390 Resolution No. 6390 (1988 Series) Page 2 SECTION 3. City Assistance. The Public Works Director is authorized to use city crews to assist with the installation of the artwork where such assistance is deemed feasible, necessary and appropriate. It is understood that the cost of the artwork and related improvements shall be borne by the Donor. SECTION 4. Responsibility. Staff is hereby directed to prepare for the Mayor's signature an agreement between the City and the Donor addressing the issues of public art ownership, maintenance, liability, removal or modification, legal remedies, and other issues deemed appropriate. PASSED AND ADOPTED by the Council of the City of San Luis Obispo at a meeting thereof held on the 2nd day of February, 1988, on motion of Councilman Settle seconded by Councilman Ranna and on the following roll call vote: AYES: Councilman Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None yor RON DUNIN ATTEST: City lerk PAM VOI; S Resolution No. 6390 (1988 Series) Page 3 APPROVED: Community Development Director oiJ-o Public Works Director �� nGUn AGREEMENT TO ACCEPT PUBLIC ARTWORK FOR MISSION PLAZA This agreement, made and entered into this 2nd day of February . 1988, by and between the Stanley Von Stein Memorial and Mary Jane Duvall Trusts, hereinafter called "SPONSORS", and the City of San Luis Obispo, A Municipal Corporation, hereinafter called "CITY ", and referred to jointly as "PARTIES." WITNESSETH WHEREAS, the SPONSORS have offered to finance the design, construction, and installation of a public artwork in Mission Plaza, and to dedicate said artwork for the public's use and enjoyment; and WHEREAS, the Council of the City of San Luis Obispo has adopted Resolution No. 6390 (1988 Series), approving the public artwork's design and location, and gratefully accepting the artwork for the citizens of the City of San Luis Obispo; and WHEREAS, Section 4 of said resolution required the execution of an agreement among the PARTIES addressing the various issues related to the ownership and disposition of the Public artwork. NOW, THEREFORE, in consideration of the mutual benefits, promises and agreements set out herein, the PARTIES noted above hereto agree as follows: SECTION 1. OWNERSHIP. A. Upon completion of the artwork as shown in Exhibits "A" and "B ", and upon its completion and final acceptance by the City's Community Development Director and Public Works Director, the public artwork shall become the property of the CITY. B. CITY shall not sell, lend, trade, or otherwise transfer control or ownership of the artwork without the written approval of the SPONSORS, their heirs, or assigns. C. CITY agrees to consult with the project Artist and SPONSORS prior to any alteration, removal or relocation of. the public artwork within ten (10) years of final acceptance by the CITY. During this period, if if becomes necessary to alter or relocate the artwork from its original setting in Mission Plaza, the PARTIES, their heirs, or assigns agree to the following remedies: v Public Art Agreement Page 2 If the PARTIES mutually agree upon the modification of or relocation of the public artwork, the CITY shall so modify or shall move the artwork to the agreed upon site. 2. If, after negotiating in good faith, the PARTIES cannot agree on the modification or relocation of the public artwork, the CITY shall dismantle the artwork, relinquish ownership and return the bronze sculptures to the SPONSORS, their heirs, or assigns. SECTION 2. CONSTRUCTION AND INSTALLATION STANDARDS. A. Prior to installation of the public artwork, the SPONSORS shall submit plans and specifications to the CITY providing information necessary to determine compliance with applicable code requirements, to the approval of the Community Development Director and Public Works Director. B. Upon CITY request, SPONSOR shall revise plans and specifications as necessary to comply with code requirements or as deemed necessary by the CITY to protect. public health or safety. CITY shall approve the plans and specifications when it determines that the above requirements have been met. C. SPONSOR shall require that the bronze sculpture pieces be fabricated in accordance with approved plans, specifications, and applicable industry standards. D. SPONSORS and CITY agree to cooperate during the period of construction and prior to final written acceptance of the the artwork to ensure that the artwork has been fabricated and installed in compliance with approved plans and specifications and applicable code requirements.. SECTION 3. LIABILITY. A. Upon completion of the public artwork and its final acceptance, or any component thereof, by the CITY, the CITY agrees to indemnify and hold harmless the project Artist, SPONSORS, their heirs or assigns from liability arising from the placement, use, and enjoyment of the public artwork. SECTION 4. MAINTENANCE AND DISPLAY A. Upon completion of the public artwork and its final acceptance or any component thereof, by the CITY, the CITY shall assume full responsibility for maintenance and display of the artwork. B. SPONSORS shall provide the CITY with written instructions for the proper maintenance of the artwork. C. If the artwork is damaged, defaced, altered, or destroyed by human acts or by Acts of God, the CITY retains the right to restore, repair, or replace the artwork at any time in keeping with the Artist's and SPONSOR'S original design intent, without consulting the Artist or SPONSORS, their heirs, or assigns. The CITY agrees to make reasonable efforts to contact the project Artist, or if unavailable, another competent design professional, to advise on or assist in any restoration work. Public Art Agreement Page 3 IN WITNESS WHEREOF, the PARTIES acknowledge that this agreement includes all understandings, and have executed this agreement on the day and year first written above. J,, B a Von SicioAtanley Von Stein Memorial Trust Schwartz, Mary Jane Du T 4e Mayor Ron Dunin, City of San Luis Obispo APPROVED: 42[ Community Development Director Public Works Director jhl /pubartag 9 r' f®r — ( :io tp fill z 101 5F/1?45T 61M fG1N dd -0 IXHIBR A At' File p'fldvre 4ff /I � C-,� 0 C RESOLUTION NO. 6389 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1413 LOCATED AT 2925 MCMILLAN AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1413 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: The design of the subdivision and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in an M zone. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. SECTION 2. Conditions. That the approval of the tentative map for Tract 1413 be subject to the following conditions: Conditions, covenants, and restrictions (CC &R'S) for the tract shall contain the following provisions: a. Property owners association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of common areas including but not limited to driveway, parking lot, landscaping, utilities and building exteriors. b. Grant to the City of San Luis Obispo the right to maintain common areas if the property owners association fails to do so and to assess said association for expenses incurred. C. All parking spaces provided in the project shall be available for use by all of the individual owners. d. Ownership of air -space units shall not be sold or otherwise transferred in such a way as to conflict with any law or regulation, including but not limited to city fire and building codes. o c. Resolution No. 6389 (1988 Series) Tract 1413 Page 2 2. There shall be no change in city - regulated provisions of the CC &R's without prior approval of the Community Development Department. 3. Subdivider shall provide individual water services for each unit. Location of meters shall be subject to the approval of City Engineer. 4. Subdivider shall provide individual gas and electrical services and metering for each unit to the approval of affected public utility agencies and the City Engineer. 5. Final map shall note an easement for underground utilities serving the site to the approval of the City Engineer and affected utility companies. On motion of Councilman Settle , seconded by Councilwoman Rarma , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of February , 1988. Mayor Ron Dunin Resolution No. 5389 . (1988 Series) Tract 1413 Page 3 APPROVED: City A ministrative Officer City 4torney Community Development Director , IicoPut- RESOLUTION NO. 6388 A RESOLUTION OF THE COUNCIL OF AWARDING A CONTRACT TO THE PUBLIC WORKS FACILITY AT (1988 SERIES) THE CITY OF SAN LUIS OBISPO D.W. PETERSON FOR 955 MORRO STREET PROJECT WHEREAS, the City of San Luis Obispo advertised for bids on a contract for the public works facility at 955 Morro Street project (City Plan No. M44D); and WHEREAS, D.W. Peterson submitted the lowest responsive bid at $253,000.00; and WHEREAS, the architect's estimate for this contract work was $250,000.00; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo to: 1. award the contract to D.W. Peterson for public works_ facility at 955 Morro Street project; 2. authorize the mayor to execute the contract documents; and 3. direct the finance director to transfer $273,000.00 from the capital outlay fund CRP appropriation to account number 040- 9422 - 091 -572. On motion of Councilman Settle seconded by Councilwoman - Rappa _, and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of February , 1988. ATTEST• J V CITY CLERK PAM VOG S I APPROVED: CITY A MINISTRATT OFFICER . INANCE DIRECTOR FON DUNIN R6388 I�,�c � j/vTr << -S ��� `: ,:� _� 4 ' rl �] Y � `,�, RESOLUTION NO. 6387 (1988 Series) • A RESOLUTION -OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING EFFORTS TOWARD FEDERAL GOVERNMENT IMPROVEMENT OF MARINER SAFETY,AT THE MORRO BAY HARBOR ENTRANCE WHEREAS, since the United States Government's construction of the Morro Bay Harbor, numerous accidents have occurred at the harbor entrance resulting in needless loss of life and property; and WHEREAS, the harbor of Morro Bay provides a year -round shelter for various boating groups including Commercial Fishing, Recreational Boating, and.Sportfishing; and WHEREAS, it is recognized that various boating groups often travel great distances to use and enjoy this Central California Coast facility; and WHEREAS., the Morro Bay Harbor provides the only port of refuge between Monterey and Santa Barbara during inclement weather conditions; and WHEREAS, lack of federal action to enhance mariner safety at the Morro Bay Harbor entrance has and will result in continued unnecessary loss of life and property to the residents and visitors of this community, and jeopardizes commerce activities occurring at said facility. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of San Luis Obispo that the President of the United States of America and the United States Congress be petitioned to direct the United States Army Corps of'Engineers to fund the enlargement of the existing harbor project boundaries seaward, beyond the existing harbor jetties. in order to address the problem of large waves breaking across the harbor entrance b,y additional dredging and /or entrance reconfiguration; and R6387 Resolution No Page 2 6387 (1988 Series) 9 BE IT FURTHER RESOLVED that al.l necessary actions be supported by United States Senators Alan Cranston and Pete Wilson, United States Congressman Leon Panetta,.the San Luis Obispo County Board of Supervisors, and the City of Morro Bay to accelerate the federal obligation to increase national mariner safety at the Morro Bay Harbor entrance. On the motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Counclmembers Settle,_Rappa, Pinard, Reiss, and Mayor Dunin.. NOES : None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February 1988. - Z ------------------------ AYOR RON DUNIN ' ATTEST: l -- ------- - P�&�� CITY CLERK PAMELA VOGES \ Approved: inistrative Office City A �JtdlAd.i(�L iJUY`' r. It C RESOLUTION NO. 6386 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PROJECT AND APPROPRIATING FUNDS FERRINI PARK. LANDSCAPE -& IRRIGATION -CITY PLAN 90. M -53Y WHEREAS, dedication and landscaping of LoE 9 was a condition of the approval of Tract 1182; and WHEREAS, the City entered into an agreement to accept payment of $14,000.00 from the developer to have the City complete the landscaping after the completion of the improvements; and WHEREAS, said $14,000 was deposited to the Parks -in -Lieu Fund in February 1985; and WHEREAS, the design of the landscaping is complete and was approved by the ARC on November 9, 1987. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Plans and Specifications for City Plan Number M -53Y, Ferrini Park Landscape and Irrigation are approved and staff is authorized to advertise for bids. SECTION 2. Funds in the amount of $20,000 are appropriated for design and construction of City Plan No. M -53Y. SECTION 3. The Finance Director shall transfer $20,000 from the Parks -in -Lieu Fund into the following project accounts: CAO. 040- 9562 - 092 -571 $1,750.00 for design 040 - 9562- 092 -572 $18,250.00 for construction The City Clerk shall advertise for bids and report these bids to the SECTION 4. The City Administrative Officer is authorized to award the contract within the available funds. R6386 Resolution No. 63C 6 988 Series) O Page 2 SECTION 5 The City Clerk shall furnish a copy of this resolution to the Public Works Director and the Finance Director. On motion of Councilman Settle , seconded by Councilwoman Rappa and of the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of February , 1988. APPROVED: City bdministrative Officer F nce Director Meg YOR RON DUNIN s s s s A-S." n City Att ney Public Works Director �� ��- • � ������� �. �'�,�,f;,Gi� ���tiv�cs .. �. :. .. . . _ . ,., �'. ._ _ .... ._ .r_ , c �,.r .. ° �/ �., - -` _ RESOLUTION NO. 6385 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WEST COAST AUCTIONEERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and West Coast Auctioneers is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: West Coast Auctioneers, and City Administrative Officer, and the Director of Finance. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilman Reiss AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 19th of January 1988. YOR RON DUNIN ATTEST: I MI � CITY CLERK PAMELA VOGES APPROVED: ty AdmVDistra — .f-i_cer City A _10/ . , � L= ante Director R6385 C WEST COAST AUCTIONEERS ISO Marquita Paso Robles, CA 93448 (B05)1f3q -0202 Proposal City of San Luis Obispo Surplus Vehicle Sale EXfIT Proposed that Rick Graff, dba West Coast Auctioneers (WCA), shall, on January 23rd, 1988 at 10:00 a.m., sell at auction to the highest bidder those vehicles deemed as surplus by the City of San Luis Obispo (approx. 35 =45 vehicles). Said sale to take place at the "corporate Yard" located on Elk Street In the City of San Luis Obispo. West Coast Auctioneers will pay advertising and promotional costs and provide adequate personnel on sale day to conduct the sale. WCA will handle all vehicle paperwork and transfers as required by the Department OF -Motor Vehicles. in addition, WCA will collect all moneys and provide payment to the City within 10 working days of the sale.. The Commission rate shall be 10% of the selling price of each vehicle. The City shall clean in running condition necessary papers and Proposal Submitted by on December 24, 1987 and detail the vehicles to the "Corporate Yard" ser - and wit deliver them the h K. Graff, Owner Coast AuctioneE Date Approved January 19, 1988 By MAYOR RON DUNIN Title ATTEST- 2,i CITY gLERK PAMELA V6 ES O O C-02-- RESOLUTION NO. 6384 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING CONTINUED PARTICIPATION IN THE CALIFORNIA "MAIN STREET" PROGRAM AS A SELF - INITIATED CITY WHEREAS, the California Main Street Program has been established in the California Department of Commerce to assist small cities and towns to develop a public /private effort to revitalize the "Main Street" areas; and. WHEREAS, the City of San Luis Obispo, through the Downtown Business Improvement Association (BIA), has been participating in the California Main Street Program as a self- initiated city. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows; - SECTION 1. That the City of San Luis Obispo agrees to continue to participate in the California Main Street Program as a self- initiated city. SECTION 2. That the City of San Luis Obispo in concert with the Downtown Business Improvement Association guarantees that a full -time Main Street Project Manager with a travel and operating budget will be employed for calendar year 1988. On motion of Councilman Settle seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABS T: Councilwoman Rappa the foregoing Resolution was passed and adopted this 19th day of January , 1988. -- , : . 51 ATTEST:.-,. CITYI CLERK PAMELA OGES R6384 `�� • • ��� �.: ; ,,} -, �:�,. _ ��_�, .r ,. _ -_ i � _. �i.. "��. -`� �.,� 0 Resolution No. 6384 Page Two. APPROVED: o. City Ad inistrative Officer City A0orney Community Development Direc V RESOLUTION NO. 6383 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be declared surplus property. SECTION 2. That the sale of such property is hereby authorized. On motion of Councilman Settle seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 19th day of January, 1988. MAYOR RON DUNIN ATTEST: 1 f CITY CLERK PAMELA VOGES t APPROVED: R6383 CITY OF SAN LUIS OBISPO SURPLUS VEHICLE LISTING 1987 -88 DEPT. CITY NO. PLATE NO. YEAR 'DESCRIPTION FIRE 1178 E246345 1982 BUICK CENTURY 4DR. SDN. FIRE 8302 E220113 1982 OLDS CUTLASS 4DR. SDN. FIRE 0880 E758644 1980 F350 CAB /CHASSIS SEWER 0866 E198024 1966 FORD F600 DUMP TRK. STREETS 0869 1969 MB PAINT STRIPER STREETS HERCULES MTER PUMP STREETS ONAN GENERATOR 15 KW STREETS 0870 1970 GALION - ROLLER STREETS 0470 E557699 1970 FORD 1 TON FLATBED STREETS 0177 E696296 1977 TOYOTA L /BACK SDN. BLDG.MNT. 0665 E176944 1965 FORD PICK -UP GOLF CRSE 0575 E658029 1975 JEEP WATER ADM 1380 E756514 1980 CHEV. MALIBU S/W WAT.TRT. 0143 E76956 1943 FORD BOMB SERV. CARRIER WHALE RK. 0280 E749384 1980 CHEV. PICK -UP WATER 1175 36J81 1975 WESTCOASTER - SCOOTER PARKS 0470 E557699 1971 FORD TRACTOR LOADER ENGINRNG. 1879 E727878 1979 DODGE DIPLOMAT SEDAN POLICE 0686 E925924 1985 CHEV. CAMERO Z28 SDN. POLICE 0583 E447305 1983 DODGE DIPLOMAT SDN. POLICE 1682 E219919 1981 PONTIAC GRAND PRIX CPE. POLICE 1283 E447307 1983 DODGE DIPLOMAT SDN. POLICE 1885 E464974 1985 FORD LTD SEDAN POLICE 1585 E464977 1985 FORD LTD SEDAN POLICE 1183 E447301 1983 DODGE DIPLOMAT POLICE 0684 E460032 1984 FORD CROWN VICTORIA POLICE 0784 E460031 1984 FORD CROWN VICTORIA POLICE 0884 E460030 1984 FORD CROWN VICTORIA POLICE 1385 E464980 1985 FORD LTD SEDAN POLICE 1685 E464975 1985 FORD LTD SEDAN POLICE 1785 E464778 1985 FORD LTD SEDAN POLICE 0581 E76J08 1981 KAWASAKI POLICE 2484 E95J31 1984 KAWASAKI POLICE 0482 1DXB283 1983 CHEV. MONTE CARLO SEDAN POLICE 1484 1KED524 1983 BUICK CENTURY SEDAN POLICE 1284 1KFM072 1983 CHEV. MONTE CARL,O POLICE 1884 1KLK748 1983 OLDS. DELTA 88 SEDAN POLICE 2084 E460043 1983 CHEV. CELEBRITY POLICE 2284 1KXW841 1983 CHEV. CELEBRITY FXHiHIT "A" �lX1�l,E1,C�Q.i 9 M77 00 OMOOT 7: r 140 524, W T-T AA _. _... '1' ... r_''. - "101 _ %0 FM "Vol _ ..O lam%' -' ST 71-57 2211 775WO 117 MOM 2001 . _ _ ♦ 1. .. .. � .. ._ _ —f: _fr 1. .. .� IT 7 a 77 NILS oil L. _ .. -.� i�. .. _. .. ... - �77 ON _ - - . 5_72M O RESOLUTION N0. 6382 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 781 AND TRACT 1122 WHEREAS, the Subdivision improvements for Tract 781 and Tract 1122 have been satisfactorily completed, and and WHEREAS, all public improvements have been constructed to city standards, WHEREAS, the Subdivider has requested acceptance of the improvements. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the public improvements for Tract 781 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of all but $62,580 of the Faithful Performance surety, said amount being 10% of the original bonds to be kept on'file as a warranty for one year in accordance with the Subdivision Agreement and State Law. The bond for Tract 1122 may be released after February 3, 1988. On motion of Councilman Settle seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 19th day of January , 1988, oeio* f"XFOR RON DUNIN ATTEST: i I CITY CLERK PAM VOGES f . 1 R6382 `e �� �r�L`� -t,R�' u'� ,,,;; �� -. . �� �,. � -.. G- �) '. i � .. f� C� . Resolution No. 6382 (1988 Series) Page Two. APPROVED: ity Adm nistrative Officer City AtI&rney City Engineer jk5 /t781acc by RESOLUTION NO. 6381 (1988 Series) EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO BILL L. TERRA FOR HIS LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS WHEREAS, Bi.0 L. Tmta began his erip.eoyment with the City o6 San Luis Obispo on February 11, 1949, and (:WHEREAS, Bd t e has spent 39 year3 a6 an equipment opera ton on aU manse -`e o6 equipment 6rom street sweeper to backhoe to loader to you name it, and WHEREAS, Biee started out earning the ptinee.ey sum ob $10.10 1day graduatey increasing to a current much more pn,Lnceey sum, and WHEREAS, &Ut has aenved under 3 Pubeie Worizs Di)tectons, 5 Water Supe- t,intendents and a dozen 6oremen and teadmen, and WHEREAS, B-i ee hae estabZi,6hed an env ab.ee reputation throughout the community as a ha&d- woAiing, competent; atd knoweedgeabee equipment operator, and WHEREAS, B,iU hae achieved aU his City goats and has outeasted aU o6 Fws contempotaJiie6, and WHEREAS, BiU has determined that it .i5 time to take a wete- ewuted nest, and WHEREAS, di,U s knoweedge and.ab<itity wit be messed by the City and by his beP.eow empt.o yee6 . NOW, THEREFORE, BE IT RESOLVED that this City Couneie wizhe6 to express .i is g,tnt>itude and appreciation to B.i t L. Terra 6or .hi.6 39 years o6 hervice and the contAibutionh he ha.6 made to the community. On motion ob Councieman Settee, seconded by Counci&an Rei,es, and on the Soteow.ing rott cage vote: AYES: CouncZ&embeu Settee, Reiss, Pinard and Mayor Dunn NOES: None ABSENT: Counci woman Rappa the borego.ing resoeution was passed and adopted this 19th day o6 JanucLty, 1988. ATTEST: � yes �n CITY CLERK PAMELA VO S r{AYOR RON DUNIN co 3a/ C J RESOLUTION NO. 6380 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The attached Traffic Work Orders for the period of October 1, 1987 through December 31, 1987 are hereby approved. On motion of Councilman Settle seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Settle, Reiss and Pinard NOES: Mayor Ron Dunin ABSENT: Councilwoman Rappa the foregoing Resolution.was passed and adopted this 19th day of January 1988. Qas YOR RON DUNIN ATTEST: / V CITY -C'ERK PAM VOGE APPROVED: Adm'nistrative Officer � City Atpprney ty Engineer bl5 /wrkordrs lib3 /wrt by R6380 �`� �► i �i'ha�c�e ,. �� �. ,, ����i�ir►►►��IIIIIIIIIP► ►��III city o s tUIS OBIspo COUNCIL ^JpEn FROM: David F. Romero Wayn SUBJECT: MEETING DATE: January 19, 198 VIT ITEM NUMBE Prepared by: Barbara Lynch Traffic Work Orders for the.Period of October 1, 1987 through December 31, 1987. CAD RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1987 through December 31, 1987. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. One -fifth of the work orders were for parking changes, one -fifth were bus - related changes to accommodate new bus routes, two- fifths were signing and striping changes and the remaining one -fifth were red curbing and signal work. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1.987 through December 31, 1987. Completed Traffic Work Orders (October 1, 1987 through December 31, 1987) Available in the Council office for review bl5 /wrkordrs lib3 /wrk by RESOLUTION NO. 6379. (1987 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND DKS ASSOCIATES FOR CIRCULATION AND RELATED STUDIES AND DIRECTING THE FINANCE DIRECTOR TO ENCUMBER FUNDS WHEREAS, the City seeks to revise its Genera: Plan Circulation Element; and WHEREAS, staff has negotiated an agreement with DKS Associates for consultant services to conduct circulation and environmental impact studies and prepare revisions to the city's General Plan Circulation Element. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The agreement attached hereto marked Exhibit "A" and incorporated herin by reference between the City and DKS Associates is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Finance Director shall encumber the total amount of the contract ($119,180.00) under account number 001 - 4031 - 008 -086 using current appropriations in that account and appropriations available in fiscal year 1988 -89. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed consultant's agreement approved by it to the City Finance Director, Community Development Director and DKS Associates. On motion of Councilmar ,Se*_ *_`le, seconded 'by' -- Co:in^'i'hiio4nan Rapp — I an=on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT:vone ncn�n Resolution No_ 6379 (1988 Series) Page 2 the foregoing Resolution was passed and adopted this .5th day'of- Janua- 1988. Ron Dunin ATTEST: 4CLE CIT Voges APPROVED: 4CityA ..... ........inistrative Officer Ci5........... At ney ........................ Community Development Director 0 CONSULTANT'S SERVICES AGREEMENT This agreement, made this 5th day of January by and between the City of San Luis Obispo, California (hereinafter referred to as "City "), and DKS Associates of San Jose, California, (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, City desires to retain a consultant to analyze traffic circulation within the community. The services being provided by this consultant under this contract are evaluation of traffic patterns and problems, development of proposals that will improve circulation, and environmental assessment; and WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. Citv. The Community Development Director shall be the representative of the City for all purposes under this agreement. The director, or his designated representative hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. Steven Jepsen hereby is designated as the project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Managcr designee shall be subject to the prior written acceptance and approval of the director. Consultant's Project Team is further described in Exhibit "C" attached hereto and incorporated herein by this reference. Substitutions for the individuals identified and the positions held as described in Exhibit "C" shall not be made except with prior approval of City. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this refercncc. b. Laws to be observed. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by Consultant under this agreement; 11 (2) In accordance with the standard of care recognized by professional engineers, keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employd under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement, (3) In accordance with the standard of care recognized by professional engineers, observe and comply with, and cause all of its employees to observe and comply with laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. c. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's P.rojcct Manager. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating such copies at Consultant's direct expense. 0 LI e. Oualifications of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY City agrees to cooperate with Consultant and to perform that work described in Exhibit "A" attached hereto and incorporated by this reference. 4. COMPENSATION The Consultant will perform the work tasks as described in Exhibit ".A ".. Consultant shall bill City for labor and direct expenses upon completion of work tasks 1, 2, 5, 6, 7, 9, and 10 as described in Exibit "A" and listed on Exhibit "B." City will pay such bills within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit "B" without prior approval of the City's Project Manager. Consultant shall submit invoices every 30 days for progress payments for work tasks 3, 4, and 8 as described in Exhibit "A" and listed on Exhibit "B." Within seven (7) days of receipt of consultant invoice, city shall determine whether satisfactory progress has been made. Within 30 days of determination that satisfactory progress has been made, city shall pay such bills. Direct costs (computer processing, travel, and miscellaneous expenses) shall not exceed the total amounts shown on Exhibit "B." All invoices to City shall identify these direct expenses separate from labor costs for the completion of each task. 5. TIME FOR COMPLETION OF THE WORK Program scheduling shall follow the attached chart (Exhibit "D ") unless revisions to the chart are approved by the City's Project Manager. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. 'TEMPORARY SUSPENSION The Community Development Director shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 1. SUSPENSION; TERMINATION a. Right to suspend or-terminate. The City retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b. Return of materials: Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreemcnt as prescribed. 9. OWNERSHIP OF MATERIALS All original drawings, plan, documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 10. INDEPENDENT JUDGMENT Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as 'a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of professional consulting services for circulation studies and for environmental assessment. Consultant proposes to have David J. Powers and Associates of San Jose perform the environmental assessment portion of the contract as subcontractor. City is relying on the professional reputation and experience of David J.. Powers and Associates of San Jose to perform the services contemplated hereunder. Consultant shall therefore contract only with David J. Powers and Associates of San Jose as subcontractor for the provision of environmental assessment services. With regard to all other services described in Exhibit "A;" City is relying upon the professional reputation and experience of Consultant. All other services are not assignable by the Consultant without prior written consent of City. 1 NOTICFS All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: City Clerks Office, City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Consultant: DKS Associates 2890 Zanker Road, Suite 107 San Jose, CA 95134 13. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent, or employee of City: 14. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers, agents and emplovees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers, agents,, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; n C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all claims and demands which may be made against City, its officers, agents; or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; ,and C. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant agrees to save, keep and hold harmless City from and against all claims, costs, suits, and damages, including defense costs and attorney's fees, that may at any time arise because of damage to property or injury to persons received or suffered by reason of the operation of Consultant, its officers, employees, or agents, which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of Consultant. C • 15. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self - insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE Consultant shall provide proof, satisfactory to the City, of comprehensive general liability insurance in the amount of $1,000,000 per occurrence and annual aggregate, automobile liability insurance in the amount of $1,600,000 combined single limits per occurrence, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregate. 17. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreemen because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract. or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph.. O i 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year first above written. CONSULTANT Michael A. Kennedy DKS Associates CITY OF SAN LUIS OBISPO 9 e — ayor Ron Tunin ATTEST: (j, City T erk Pam Vo s O • EXHIBIT °A" WORK SCOPE TASK 1: EVALUATION FRAMEWORK This is an important element of the study which will define the goals of the circulation element and the standards by which it will be judged. This requires both local knowledge and sensitivity to local community values. For these reasons this work will be coordinated through the City's Community Development and Public Works Departments. 1.1 Project Initiation DKS will meet with City representatives to discuss priorities of the study and level of detail to be accomplished in the analysis. This initial meeting will assure that work scopes and expectations are tailored to meet the needs of the City. in addition, the City and Consultant will discuss the aspects of modeling use and the maintenance of software to assure the appropriate application of the TRANPLAN model in San Luis Obispo. Work scope and budget allocations among individual tasks would be modified if appropriate. 1.2 Goals and Objectives Existing General Plan goals and objectives related to transportation, land use, and the environment will be reviewed for consistency and ..applicability to the current conditions. Modification to the existing goals and objectives would be made on the basis of City staff input. Revised goals and objectives will serve as the basis for this circulation study. 1.3 Evaluation Criteria Evaluation criteria will be developed based on existing research and discussions with staff to evaluate alternative network, corridor, and intersection improvements. The focus would be on '!environmental capacities" and "tolerance levels" for residential collectors such as Broad Street (north) and Buchon Street, and safety and efficiency measures for arterial roadways such as South Higuera and South Broad Street. 1.4 Performance Standards The establishment of performance standards will reflect the community's values and tolerance level for vehicle delay. This will ultimately serve as an important element in the determination of future roadway improvements. The evaluation of alternatives and the potential for future development along important corridors such as Santa Rosa and Monterey Streets will be dependent upon established standards of performance. Level of service for functional classifications, by time of day and /or intersection location, will be the basis for land use development controls and development assessments for required off -site improvements. A -1 CI 1.5 Definition of the Street and Highway System Hierarchy This task will establish a common understanding among city staff and the consultant of the city's street system, including technical terms, concepts, and funs regarding traffic circulation in the study area. The status of study area roadways with regard to current plan designations and San Luis Obispo County designations will be identified and compared for consistency. To accomplish this, the relationship between the city's arterial system and those of cities similar to San Luis Obispo will be explored. Constraints or problems will be discussed for the major arterial and collector streets. The purpose of this task is to identify those streets which are necessary to carry traffic in the community as being distinctly different than those streets serving only localized traffic. Since so many streets necessary to move traffic in San Luis Obispo pass through neighborhoods, proper designation will allow those individuals living on the streets to understand the community -wide importance of maintaining streets to move vehicles, and allow the City to deal effectively with "problem" streets not designated as necessary to move traffic. 1.6 Plan Line Requirements Existing plan line requirements will be examined in determining the need for travel lanes on arterial streets. Cross sectional analysis will include variable lane widths to accommodate desirable conditions and constrained right -of -way conditions for built out corridors. Existing plan line streets will be identified and mapped. Task 1 Work products MKS Associates will prepare a working paper that Presents the following: a. A summary of transportation plan goals and objectives will be provided along with an assessment of possible modifications based on staff direction. b. Evaluation criteria and performance standards will be provided that allow for achievable levels of service and delay within a range of reasonable limits of the City and development to fund. c. An inventory of all collector and arterial roadway segments indicating classification and plan line setbacks will be provided. TASK 2. EXISTING CONDITIONS This task will develop the quantitative and qualitative understanding necessary for the study including: assembly of existing information, defining the study areas, and assessing regional traffic implications. A -2 This task also considers which circulation improvements are necessary to solve existing traffic problems from a compilation of city, county, and developer traffic studies and EIR's. As part of this task an early assessment of environmental constraints will be conducted to flag potential problem areas. 2.1 Identify Study Area Boundaries The study area for detailed traffic analysis and the regional sphere of influence for system level impacts will be defined in consultation with city staff. The traffic analysis will also take impacts from adjacent communities and unincorporated growth areas into account in network development and in the determination of local controls. 2.2 Assemble and Review Existing Data DKS will assemble data from existing City and County files which is relevant to the project, including: o Traffic volume data • Records pertaining to street and traffic control improvements that have been made during the last 5 years. • Engineering and enforcement experience relative to what works well and techniques that have not lived up to expectations. The police are on the scene daily and observe traffic characteristics which may not be revealed in the accident reports. • Documented citizen perceptions and concerns about traffic safety, either site specific or generalized along the major traffic corridor streets. • Transit utilization for student, commuter, and other trip purposes by route and time of day. • Paratransit support programs and use. • Pedestrian and bicycle facilities and standards. • Contemplated improvements to the traffic network and their potential for implementation, including City, as well as state programs. • Existing traffic reports and environmental studies as listed in the RFP. 2.3 Quantify Regional Traffic Demands DKS will work with county staff to quantify historic and projected traffic passing through and commuting to San Luis Obispo. Caltrans screenline historic data will be used along with the county's trending analysis for the SR1 and US101 access study. Economic and population trend factors from the Angus McDonald Report will be used to determine traffic distribution to Atascadero, Baywood /Morro Bay, 5 Cities area, and Edna. A -3 2.4 Existing Conditions Review This task will allow for a systematic review of the identified problems and issues in relationship to all transportation modes. Additionally, early action items can be defined and pulled out for consideration while the study is ongoing. A comprehensive needs and deficiencies analysis will be conducted, comparing existing traffic levels to available or anticipated roadway capacity. This analysis will. identify areas of critical overload, locations and magnitudes of potential problems, and areas of arterial traffic "intrusion," or overflow, into inappropriate land uses (e.g., residential) . Information on the needs and deficiencies of other modes, such as transit services, pedestrians, and bikeways will be reviewed with the Transit Manager- and summarized in the working paper. The transit information will include type of service, number of routes, number of vehicles and patronage data for each operator. This assessment of existing conditions will provide direction for formulating the circulation element and constitute the "Setting" for the Circulation. Section of the EIR. Existing traffic conditions will be described and locations of congestion, if any, identified. Graphics identifying facility type and usage will be included that display the results of the analysis of existing conditions. An initial assessment of opportunities and constraints will also be made. These will provide the basis for formulation of goals and policies for the General Plan as well as provide direction on those alternative improvements that are reasonable to consider for inclusion in the Circulation Element. A review of environment constraints will be conducted as part of this early effort to screen out those alternatives with strong negative impacts. 2.5 Identify Improvements Near and mid =term roadway improvements to address deficiencies found through the roadway condition analysis will be identified. Improvements will be recommended based upon traffic volumes and levels of service as well as operating conditions, geometric design or pavement condition Problems- Where conflicts between functional classification and traffic conditions are found, improvements will be proposed to remedy the situation as appropriate. Task 2 Work Products: A working paper that includes the following: a. A description of the existing roadway system in terms of its extent, traffic volumes, levels of service, peaking conditions and traffic growth will be provided. The report will be annotated with maps and graphics as appropriate. A -4 0 b. Roadway deficiencies will be identified from the analysis of existing conditions, and as projected from traffic reports conducted for the city. A Preliminary environmental review and issues hot spots map will be provided, identifying areas of concern. C. A short to mid -range list of roadway improvement projects necessary to accommodate existing traffic, along with planning level cost estimates. TASK 3. NEIGHBORHOOD IMPACTS The traffic issues associated with residential areas in San Luis Obispo are complex. The evaluation of neighborhood transportation needs will include the following: identifying real versus perceived problems, how to balance the desire for isolation from problem traffic with the desire for easy neighborhood access, and how to deal with arterial streets passing through residential areas. A consensus position on neighborhood traffic control will be sought through neighborhood meetings. Two neighborhood meetings will be held within each of the two study neighborhoods identified in the RFP, for a total cf. 4 meetings. Meeting Number One will examine identified impacts and potential solution alternatives, while meeting Number Two will examine alternatives and build consensus support for improvement options. 3.1. Data Summary and Refinement The refinement of base data will provide for mil the measurement of problem severity and allow for a comparative analysis of the problem with other similar streets elsewhere in San Luis Obispo. Existing city records and Prior studies of development in the areas of north Broad Street and the south downtown neighborhood appeared adequate for initial assessments. Data will be provided by the City for neighborhood impacts identified through the study process as determined necessary including: • Speed data • Turning movement counts • Average daily traffic • Through traffic • Bike and pedestrian activity (as applicable), and • Emergency access. Task 3.2. Identification of Residential Traffic Control Alternatives Individual satisfaction with existing conditions is usually based on desires and expectations in relationship to perceived reality. In this regard the introduction of technical conditions relative to identified issues within the neighborhood itself will help establish a perspective based on community -wide needs and priorities. The analysis will provide for an overview of how the individual neighborhoods fit into the larger community context, and will assist in establishing priorities within the study area itself and within the community as a whole. The analysis of traffic data will assist in the clarification of identified traffic issues and provide for effectiveness measures for existing and alternative traffic system evaluations. A -5 n A post card survey will be developed by the Consultant for printing, distribution and return collection by city staff. The Consultant will tabulate and interpret the results of the questionnaire. The questionnaire will help measure public perception related to the magnitude of traffic problems and the acceptability of potential improvements. This survey will be simple and short, setting direction for policies rather than serving as a scientific tool for analysis. Task 3.3 Public Meeting #1 Public Meeting Number 1: A meeting will .be held within each neighborhood on consecutive evenings (two meetings) to examine traffic impacts and comparative traffic data assembled by the City and the Consultant. Issues will be refined and prioritized and alternative solutions will be identified and discussed. The purpose of this meeting is to provide information to work toward a common understanding of issues, perspectives, and identify other areas of concern for inclusion into the study. The format of the meeting would be to provide an open forum for input into the study issues and identification of alternatives. The City shall schedule the meetings, provide notice to participants and handle advertising. Task 3.4 Alternatives Evaluations The evaluation of alternative roadway improvements will be considered on two levels: (1) community wide transportation needs, and (2) the identification and analysis of specific neighborhood traffic control devices. The analysis must examine selected roadway links in the neighborhood within the context of broader transportation needs. The overall goal of this evaluation process is to identify an acceptable package of roadway improvements that provides an overall positive benefit to the neighborhood areas and the community. Task 3.4A Community Wide Transportation Needs The application of traffic improvements must be considered in relationship to the entire transportation system. Any application of measures to control traffic on residential streets, without a continued commitment to arterial street improvements, could increase commuter travel time and delay. As such, the implementation of a package of area traffic transportation system as a whole. The evaluation will focus on maximizing improvements within the existing right -of -way and long -term improvements that will accommodate the projected needs of key roadways and intersections in the study area. Major street improvement alternatives will be examined for safety, efficiency, cost, implementation time, and consistency with the San Luis Obispo General Plan. Task 3.4B Neighborhood Traffic Control The main purpose of residential traffic control is to serve and protect the neighborhood environment, although a multitude of other purposes could be served. Two concepts that have been tried with varying degrees of success and controversy are !'traffic absorption" and neighborhood "traffic separation ". Traffic absorption techniques include signs, signals, medians and neckdowns. A -6 i Task 3.5 Neighborhood Meeting #2 DKS will organize and facilitate neighborhood meetings on both identified neighborhoods on consecutive evenings (two meetings) to discuss the alternatives assessment and consultant recommendations. The purpose of this meeting is to reach a consensus position on level and type of improvement plans. The City shall schedule the meetings, provide notice to participants, and handle advertising. Task 3.6 Development of Recommendations Recommendations will be developed that are consistent with the work plan and based upon neighborhood objectives, identification and agreement on issues and problem areas, and a consensus position on alternative Priorities among participants in the study process. From this collective input a recommended improvement program will be developed for implementation. Task 3 Work Products: A working paper that includes the following: a. The Consultant will attend four neighborhood meetings in two neighborhoods on two consecutive nights each to present information and lead discussion with participants. The Consultant will prepare all materials necessary for the meetings. The City shall schedule, Publicize and obtain facilities for all neighborhood meetings. b. A comparative analysis of environmental versus physical capacity of residential streets and an evaluation of problem severity. Priorities for program implementation will be based upon this analysis. c. An analysis of: alternative consideration for neighborhood traffic mitigation will be conducted and documented. Recommendations for improvements will be based on a consensus position of staff and local residents. d, Develop an implementation plan as part of the overall transportation improvements program that sets priorities for neighborhood improvements with respect to community -wide priorities for funding. - TASK 4. TRAFFIC MODEL As a part of the overall work program, we propose to develop a traffic forecasting model that will project future traffic volumes on City streets based on land use inputs. Once calibrated, the model will be used in this study for evaluating future circulation needs and alternatives. The model will also be available to the City for future use in other studies, if desired. The necessary software and training will be provided as a part. of this work program. DKS proposes to develop a network -based traffic forecast model encompassing San ibis Obispo's city limits and Urban Reserve area. As with most conventional traffic forecast models, the citywide model will contain three major components: A -7 o Trip Generation: Estimation of total trips originating or destined in each zone, as a function of land use type and intensity. This defines the total amount of travel activity in each zone. o Trio Distribution: Use of a "gravity model" to forecast the number of trips between each pair of zones based on the model - estimated travel times between the zones and the number- of trips generated in each zone. ° Trio Assignment» Assignment of auto trips between each pair of zones to specific routes, with resulting volumes accumulated on the network. We " " propose to use capacity- restraint assignment which spreads traffic loadings among alternative routes on the basis of available roadway capacity through an iterative process. A description of the individual steps to develop and apply the traffic forecast model is provided below. 4.1 Design City Traffic Model This first step will define the structure and initial parameters of the model involving the following elements: o Define and display the zone system: A traffic zone system encompassing the city limits and urban reserve area will be developed based on the density of the roadway network and the availability of land use inputs, for approval by the City. Consultant will design zones with advice and review of City. We would expect to define up to 50 zones within the study area. At the boundary to the City Traffic Model area, external gateways will be defined to represent each entry /exit to and from the area. o Develop Existing Circulation Network: The existing City and surrounding street network will be encoded into the computer. The network will include all freeways, interchanges, ramps, arterials, expressways and major collectors in the study area. Other streets would be added as appropriate to ensure adequate portrayal of travel within the City. As part of the network development and calibration process, travel paths between selected traffic zones will be plotted and traced to ensure that the network is constricted logically. The network coding will also include geocoding for each network node to enable hardcopy plotting and graphical output for city review. o Define land .use data requirements: DKS will work with City planning staff to define the type and format for summarizing available land use data for use in the model, This is expected to include number of dwelling units by type and square footages, acreages or employment estimates for retail and non -retail commercial activities. This data will be categorized by traffic zone by City staff. A -8 o Incorporate regional travel: The model will. b_ a structured to incorporate estimates of through - travel (i.e., trips that pass through San Luis Obispo with either origins or destinations within the City) and external travel (i.e., vehicles that have one trip end within the city but the other end outside). This travel component will be estimated by Consultant for existing and future conditions based on ongoing work by the Regional Transportati:on.Planning Agency. 4.2 Calibrate City Traffic Model The traffic forecast model will be calibrated by operating it on existing land use and network data and comparing model outputs (e.g., assigned traffic volumes) to actual traffic counts along selected study area screen -fines. This may require the City to collect supplemental data to the extent they wish to validate the model and determine intersection levels of .service. The "various model parameters such as trip generation rates and distribution factors will be successively refined until there is reasonable consistency between modeled and observed traffic counts, trip lengths and other travel patterns. For costing purposes we have assumed that the model calibration process (daily and PM peak) will require no more than 12 calibration runs. All data for model calibration shall be collected and provided by City staff. 4.3 Baseline Traffic Projections The initial application of the model will test implications of build -out . of the current General Plan land uses on the existing and programmed circulation system, assuming no shift toward other modes, This "baseline" application will provide directions for subsequent definition of circulation alternatives, and also assist Community Development staff in formulating changes to land use designations. City staff will provide the necessary land use data for the build -out of. the current General Plan. 4.4 Alternatives Testing DKS will prepare travel demand forecasts for future highway network alternative scenarios to identify the most appropriate combination of future improvements. This evaluation will include at least one network that identifies ,relocated interchanges along US101. The number of model runs necessary can be min; eed by proper planning of the alternatives to be evaluated. For costing purposes, it was assumed that no more than three future network alternatives will require evaluation. Additional model runs will be provided on a fixed cost basis as provided by in Exhibit "B ", Cost by Task. A comprehensive needs and deficiencies analysis will be conducted for each of the alternative network forecasts to compare projected. demand to available or anticipated roadway capacity. This analysis will identify areas of critical Overload, locations and magnitude of potential problems, and areas of neighborhood "intrusion," or overflow, into inappropriate land uses (e.g., residential). The analysis will also include a A -9 O • comparative evaluation of the effectiveness of each of the network alternatives and ether measures such as increased transit ridership and a collective system of transportation system management activities (as described. in Task 6) in solving anticipated traffic problems in the City. 4.5 Model Installation and Training Consultant will install the model on an IBM- oompatible PC computer at the City's offices and provide training for city staff in the use of the City Traffic Model. The Consultant will provide five days of training. The initial day will be devoted to an overview of transportation forecasting models in general and the City's model in particular. The remaining four days will be set up as an exercise in producing and interpreting forecasts from the model. The sessions will be phased in such a way as to allow city staff time to absorb the material of each session before going on to the next step. At the conclusion of the process, city staff should have a complete working understanding of the entire process. Task 4 Work Products: a. A working paper will be prepared that documents the model design, calibration results and application process. This, in combination with the Users' Guide for the software, will provide the necessary supporting documentation for the City traffic model. b. For each alternative, outputs of the ' model will include: o Peak hour and daily traffic volumes by link (roadway segment) and at intersections (turning volumes) .Levels of service will be calculated for all calibrated links and intersections. o Summary plots that compare assigned volumes to roadway capacities along all roadways and critical roadway links. o Planning level estimates of intersection volume /capacity and level of service. at key intersections will be compared with adopted City criteria. TASK 5: ALTERNATIVES EVALUATION The identification and analysis of alternatives is an iterative process in which a broad range of improvement options are examined and refined based on projected future needs. The modeling process will be used to measure the effects of alternative network modification to add potential new roadway links or -to assess the impacts of improved corridor capacities through adding lanes or creating one way pairs. Since many alternatives have been proposed for the San Luis Obispo transportation network and many have already been found to be either unworkable or candidates for future study, DKS proposes a two phase analysis that would include a sketch planning assessment to review with City staff options before proceeding to a more detailed analysis of alternative networks. A -10 5.1 Alternative Identification DKS Associates would work with city staff to identify alternative roadway networks for evaluation in an early attempt to ferret out non - productive alternatives or alternatives that have previously been studied and dismissed. The Consultant will focus on opportunities for roadway system improvements taking advantage of the city's expertise and experience in prior community transportation studies. The results of the sketch planning effort will allow for the identification of three alternative roadway networks for detailed study analysis. 5.2 Network Refinement ,The identification of future roadway needs is an iterative process which must balance the projected future traffic demand (a function of land use) with the amount of capacity which can reasonably be provided in the roadway network. This will involve consideration of physical constraints (such as right -of -way) as well as cost Alternative roadway networks will be evaluated for design year build out conditions. Development of an effective Transportation Management program including incentives for carpooling and flextime may lower peak hour demand associated with employment centers, thereby reducing the need for capacity increases. The effects of changes in auto demand will be reflected in the .model evaluations of alternative roadway networks. If very heavy traffic. demands are projected, it may ultimately be necessary to consider the trade -offs between the amount of roadway capacity which can be provided at certain points through the removal of parking or street widenings, and the amount of delays to which motorists are subjected. DKS Associates will emphasize a balanced and reasonable circulation plan for San Luis Obispo. This will be acoomplished by selecting workable and fundable street improvements on a basis which allows meaningful comparison of alternatives. 5.3 Alternatives Analysis The sketch planning element will allow for development of alternative evaluation networks for comparative analysis, while the more formal evaluation will allow for a more detailed analysis of alternative transportation network impacts. A detailed evaluation matrix and its background analysis will be documented in the working paper. Given this technical background, DKS Associates will formulate a simplified matrix for presenting the trade -offs between alternatives to non- technical. groups including Policy bodies. This process will involve a simplified rating of each alternative on a limited number of key objectives from the detailed evaluation matrix in Task 1. DKS Associates will present this evaluation to the city staff before finalizing the rating of alternatives. A -11 I��I • A more detailed envir -a imental review will assist in the study through the identification of potential problem alternatives. This process will allow for the screening of environmental sensitive issues as part of the alternatives analysis. Task 5 Work Products: A future condition report which presents traffic volumes and levels of service with alternative roadway networks will be provided. The report will include a recommended circulation plan in conjunction with them and will identify improvements required by the City under .the design year build out conditions. A preliminary environmental review will be provided for key alternatives as a screening device for evaluation. TASK 6: TRANSPORTATION MANAGEMENT ANALYSIS In this task, we will identify and evaluate transportation system management (TSM) and transportation demand management (TDM) measures for application in San Luis Obispo. The Consultant will provide the City with a practical TSM program that can make meaningful reductions in the need for facility expansion while avoiding the pitfalls of overexpectation that has marked a number of programs in the past. 6.1 Identify Options for TSM /TDM DKS will review the existing TSM/TDM measures and delivery mechanisms in the City and identify other options that could be applied. These may include parking management strategies, area -wide carpool matching services, traffic signal management, incentives for bicycling, transit services and promotions and other ideas. Generally, these fall into the categories of either techniques to manage the supply or demand of transportation services (e g., flextime) or measures to promote shifts to alternative modes (e.g., carpool and transit incentives) . The key here is to package a variety of complementary measures cost - effectively so as to have maximum impact. These measures would be assembled into one or more Policy alternatives. They would naturally focus on downtown application, which is where greatest potential lies, but other activity centers, especially Cal Poly, need to be included as well. specific techniques for consideration include: o Extend City employee carpool matching services citywide. o Meter regional traffic on Broad Street or other overloaded streets through signal timing techniques or provide directional progression on parallel streets to simulate one way operation. o Identify and promote convenient peripheral parking facilities around downtown or other commercial concentrations to intercept long -term or employee parking. o Provide incentives for employers to promote use of alternative modes such as reduced on -site parking requirements or increase intensity incentives. A -12 0 o Develop revised traffic service standards for specific target areas to allow greater delays on arterial streets. 6.2 Evaluate Policy Alternatives Transportation policies have a major long -term influence on where people live and work. Transportation facilities such as roadways and rail lines become virtually permanent features of the landscape. They continue to influence development far into the future. Therefore, major transportation decisions have very long -range impacts. Responsible transportation planning must, therefore, include consideration of the impacts of decisions well into the future, beyond 20 years. There are a number of specific overall policy issues which relate directly to the development of a Long -range circulation plan that must be addressed. Each of these issues identified for San Luis Obispo will be evaluated and specific policy recommendations will be prepared for inclusion in the Circulation Element Update. The following policy issues will be evaluated: • Parking with respect to future park- and -ride locations; • On- street parking restrictions along arterial roadways; • Highway Standards, to ensure compatibility and consistency with other agencies and anticipated growth and development; • Land Use Regulations, particularly with regards to protecting right -of -way; and • A revised Roadway /Street Classification System. Task 6 Products: The fallowing work products will be incorporated into the recommended circulation plan, Task 5: a. working paper identifying candidate TSM /TDM measures and their potential impacts on future traffic as well as their costs and other impacts. b. Recommendations for TSM/TDM program for City adoption, including supporting General Plan policy(ies). TASK 7: GENERAL PLAN UPDATE IMPACTS The evaluation of the General Plan land use element will be conducted by city staff concurrent with the development of the circulation element. This task provides for the examination of transportation system impacts for land use options, regional and local population growth scenarios, and alternative mode programs. A -13 7.1 Land Use Options Various land use options will be provided as input into the modeling process to determine roadway impacts. DKS Associates will work with the Community Development Department to assess the sensitivity of major density and land use type changes. 7.2 Population Trends San Luis Obispo is affected by areas of development outside its jurisdiction that are primarily residential based: San Luis Obispo's prior policies of discouraging population growth while not placing restricting on job related industries has made it an importer of persons for employment purposes. DKS Associates will work closely with city staff and the county to determine the impacts of population base shifts on the roadway network. 7.3 Evaluate Roadway Network Impacts A comparative analysis of roadway impacts will be conducted based on TSM/TDM assumptions from .Task 6. Two alternative 'model runs have been budgeted for this task. Model outputs would be examined to determine impacts to the recommended transportation system. Task 7 Work Products: A working paper that presents an assessment of alternative land use modifications and PePelation growth factors will be provided listing the potential impacts to the recommended transportation system. TASK 8:._ ENVIRONMENTAL ASSESSMENT 8.1 Identification of Issues An Environmental Impact Report will be provided for the adoption of the Proposed amendments to the Circulation Element of the. City of San Luis Obis po's General Plan, our first step in analyzing and identifying the impacts associated with the proposed amendments to the Circulation Element would be to conduct field reconnaissances of the project area and identify the conditions that presently exist throughout the project area in Task 2.4. In connection with these field reconnaissances, we would review and become familiar with the available relevant environmental documents. Special attention will be given to the areas of concern that have been Previously expressed in evaluating alternative improvements for traffic in residential areas; 2) traffic in the downtown area; and, 3) regional traffic impacts on .City roadways and neighborhoods created by the proximity of U.S. Highway 101 and State Route 227. A screening of alternatives has been established through both the existing conditions review, Task 2 and alternative.analysis section, Task 5. A -14 0 • After the identification of the existing conditions and the formulation of the basic components of the Circulation Element amendment, a public scoping session would be held. The purpose of this public sopping meeting is to identity the concerns of the residents of the City and to verify that all issues of concern have been considered for the preparation of the Environmental Impact Report We will attend and Participate in the public scoping meeting, as necessary and appropriate. 8.2 Preparation of Draft Environmental Impact Report After the formulation of the initial components of the .amendments to the Circulation Element, we will beg' in ,preparing the Administrative Draft EIR, addressing the anticipated or expected impacts created by the imPlementation of the proposed project. These impacts are expected to include noise, air quality, existing land uses (including historic structures) growth and other related issues. The issue of growth will be analyzed from two perspectives. One perspective is the development anticipated and planned for in the City's General Plan. The other perspective is the growth that could be accommodated by the roadway capacity planned for in the proposed amendment to the Circ„lation Element. The secondary impacts associated with growth and development will be addressed. We will analyze the impact of upgrading or modifying existing roadway segments and compare these widening impacts to the congestion and other impacts associated with leaving the roadway in their present condition. Our analysis would identify and estimate the severity of the impacts associated with roadway widening and right -of -way requirements and acquisitions in the downtown area. The acquisitions are anticipated to be significant in many cases as a result of the established development Pattern in the downtown area. Additionally, the elimination of on- street . parking would affect the already deficient parking situation in the downtown and adjacent residential areas. Consideration will be given to the benefits associated with possible im- provements in these areas by avoiding the adverse effects of roadway widening projects. The EIR will consider the impacts associated with the relocation of residences and businesses as a result of proposed roadway widening.. The EIR will use the existing land use traffic model as a basis of comparison for alternative transportation network improvements. The EIR will address impacts in a level of detail commensurate with the level of detail of the proposed amendments of the Circulation Element. Additional environmental review may be necessary for actual approval of construction of roadway improvement projects. We will prepare five copies of the Administrative Draft EIR for an "in- house" review by the city staff. We will prepare a Draft EIR by incorporating the revisions to the Administrative Draft EIR and reproduce 75 copies for circulation to the public and public agencies. A -15 8,3 Public Review and Circulation of Environmental Impact Report The Draft EIR will be circulated to the public and public agencies for a 45 day review period. Either during or after the public review period, we Will attend and participate in a public hearing on the Draft EIR. Our Participation will include responding to comments and presenting a short synopsis of the Draft EIR. 8.4 Preparation of Final Environmental Impact Report Following the Public review period and public hearing_ , we will prepare a Final EIR by responding to comments on the Draft EIR and making any necessary additions or revisions to the EIR. We will reproduce ten copies of the Final EIR. The Final EIR and all other work. will be completed in accordance with the California Environmental Quality Act. (CEQA) and City of San Luis Obispo guidelines and procedures. TASK 9: IMPLEMENTATION PROGRAM This task synthesizes the previous work into a comparison and selection process for plan implementation. The evaluative, funding, cost, and environmental information for each alternative will be assembled and analyzed and .a recommendation made as to the preferred development alternative. To implement that recommendation, a master strategy will be developed that links traffic growth rates, traffic operation improvements, transportation service needs, transportation facility improvements, and funding actions. The major efforts in this task will be the selection of a distinct strategy, and the development of supporting rationale for each of the following transportation elements: • Transportation Network Improvements • TSM /TDM Plan • Funding Sources • Scheduling of Priority Projects The implementation strategy must be flexible enough to accommodate alternative future funding levels. The alternative funding levels could sources, range from those based on secure sou, to those that include creative financing techniques, some of which may ultimately _ be unfeasible. This flexibility would be accomplished by a priority ranking system for transportation improvements. A -16 9.1 Transportation Network Improvements A workable roadway system will be presented that balances land use needs with transportation system requirements. This task will rely on inputs from Tasks 5, 6 and 7 for selected circulation improvements. Areas requiring an upgrade or new roadways will be identified by comparing the proposed future condition to the existing roadway network. A system mapping of lane use needs, right -of =way acquisition, and street classification systems will be provided. 9.2 Design Standards This task will identify prototype cress sections for the proposed roadway improvements. Recognizing that a balance must be achieved between facility cost (both capital as well as maintenance) and the capacity and convenience of the roadways, we will review existing design standards for conformity to revised street classifications and current practice — Specific aspects to be looked at will include. • Lane widths, • Right -of -way and set -.back requirements • Accommodation for parking, bicycles, pedestrians and transit. Separate design standards will be developed as necessary for application in new growth areas and in existing built out areas of the community having constrained right -of -ways. 9.3 Funding mechanisms This task will identify the range of funding sources available to the City for development of the circulation system. A review of current practices and policies will be conducted to help assess the alternatives which are currently used by a variety of jurisdictions. This work element will draw on our recent experiences in Concord, Pleasant Hill, Napa and Tracy, and a nationwide survey of impact fees used by other cities recently conducted by one of our "staff members as part of an ongoing Institute of Transportation Engineers Committee project. Consideration for funding options will include: • Bonds • Benefit Assessment Districting • Sales Tax Initiative Funding • Developer Contributions (exactions) As a part of the early evaluation of the current General plan, we will bracket the range of funding that can realistically be generated from all sources and compare this to potential infrastructure costs associated with the circulation plan.• This preliminary analysis will help to define the directions for reshaping the recommended plan as well as suggesting the magnitude and role for public versus private expenditures. A -17 To the degree that the City wishes new development to °pay its own way", Public funds may be largely earmarked to address existing circulation problems , including maintenance as well: as capital projects. Monies which are available over and above these amounts could be used to develop new projects of Community -wide benefit (such as locally- funded improvements to U.S. 101.) or to pay for a portion of new roadways included in the circulation plan. 9.3 Transportation Management Plan A program for TSM/TDM programs and standards for participation, including a plan for monitoring and enforcing demand management provisions will be developed out of Task 6. The potential mode split and demand reductions on vehicle trips will be reflected in the circulation element as future targets for improved service. Information on the needs and deficiencies of non -auto modes, including: transit, paratransit, pedestrians and bikes will be reviewed and summarized. 9.4 Project Scheduling Project scheduling will be dependent upon the availability of funding and the anticipated need for the recommended improvement. A prioritized list of projects will be prepared that lists cost estimates with funding sources. Project priorities will consider the following factors: o The likely timing. of need for each project o The implementation or lead time required to implement a project. (conceptual, environmental and engineering plan time requirements) o Funding availability by year for each funding source. Task 9 Work Products: Work products are the draft and final reports listed in Task 10. TASK 10: STUDY REPORTS Based on the results of working paper development a composite set of transportation policies, programs and elements will be developed. These will include recommendations for transportation circulation improvements and programs. The study report will provide a concise circulation element update including: a roadway circulation element, alternative mode element, and funding priorities. All other multi.modal support documentation will be provided by the City for transportation activities beyond the scope of study. The Consultant will incorporate this information into the Draft and Final Reports. A -18 10.1 Draft Report The Draft Report will summarize all working papers and prior task work Products into a single unified document. The report will be written in easily understood language and be imolementationngri,ented. In identifying the necessary policies, programs, and prioritization, the draft plan will function as a master implementation strategy for the coordination of land use alternatives and transportation systems improvements. The plan recommendations will be both feasible and implementable with a carefully designed balance between the major elements. The work related to identifying the relationships between highway, TSM/TDM and transit will allow the plan to maximize benefits of the transportation improvement program. Five copies of the Draft Report will be submitted to staff for review. Upon acceptanCe by staff and amendment, The Consultant will submit "camera ready" copy. 10.2 Presentation of. Circulation Element DKS Associates will present the final Circulation Element to the Planning Commission and City Council for adoption. The DKs Project Manager will attend the meetings, public hearings, and/or study sessions conducted for this Purpose- A total of two Polscy level meetings has been assumed for DKS Associates would be available time and for additional meetings on a Material s or fixed fee basis as provided in Exhibit B, Payment Schedule. 10.3 Final Report The Final Report shall respond to written and oral comments received regarding its content and will be revised to reflect the individual concerns expres-Sed. Five copies of the Final Report shall be submitted for staff review upon acceptance by City staff and amendment. The Consultant will submit a camera ready copy.. A -19 EXHIBIT "B" HOURS AND COST BY TASK SAN LUIS OBISPO CIRCULATION ELEMENT TASK TOTAL LABOR HOURS COST 1. EVALUATION FRAMEWORK 40 $ 2,800 2. EXISTING CONDITIONS 176 8,340 3. NEIGHBORHOOD IMPACTS 172 10,040 4. TRAFFIC MODELa- A. SOFTWARE LICENSE FEE 320 170900 2,000 B. TRAINING 3,000 S. ALTERNATIVES EVALUATION 248 15,450 6. TSM ANALYSIS 108. 71120 7. GENERAL PLAN UPDATE 52 3,240 S. ENVIRONMENTAL ASSESSMENT 340 20,720 9. IMPLEMENTATION PROGRAM 180 11,800 10 -STUDY REPORTSb. 128 7,840 SUBTOTAL 1,764 $110,250 DIRECT EXPENSES: COMPUTER PROCESSING_ $ 2,750 TRAVEL 3,300 MIS C. 2.880 SUBTOTAL EXPENSES $ 81930 TOTAL COST $119,180 Cost /Unit of Extra Services a. Additional Model Alternative. Runs Task 4.4 = $2,240 each Alternative Run b. Cost of extra Public Meeting attendance = $620 each Public Meeting Note: Tasks 3, 4, and 8 are to be compensated on a percent comlete basis for periodic billings. p EXHIBIT "C" PROJECT ORGANIZATION TRAFFIC MODEL AND FORECAST BRENT OGDEN Task Leader • A. ALBERS • C. THNAY' ENVIRONMENTAL ASSESSMENT DAVID POWERS Task Leader • M. JOHNSON CITY OF SAN LUIS OBISPO PRINCIPAL -IN— CHARGE MICHAEL KENNEDY PROJECT MANAGER STEVEN JEPSEN TSM /TDP ASSESSMENT MICE KENNEDY Task Leader • S. JEPSEN • R. GRANDY 9 CIRCULATION NEED/ PROGRAM DEYELOPMENT' STEVEN JEPSEN Task Leader • R. GRANDY • J. SOHRIAKOFF CIVIL ENGINEERING/ COST ESTIMATING DIANA WALKER Task Leader • M. HANNEMAN FUNDING ANALYSIS STEVE COLMAN Task Leader • R. LEE co VM � C 0 L r m r N 0 ®vim m m r O a CD cr- E9, u W a m d Y O `I C 0 m r E CD m l'S W a -•% m aD ° W (D 2 � U.- S � 0m m s 0 W Y cc U O x LU a E 0 O 4 t N O O c d E 0 " c m m 0 E 3 ca a 4 C m h OD E g E v N m R c a ¢ C. LL c 0 0 0 d LU .Q c io' C y Y CD O a, m r y Q d C C m m y 7 m L U E a m E LL. Q ~ y c3� cc m o T w W z ~ a L= Q C7 tL E co .� N to O m m r O a CD cr- E9, u W a m d Y O `I AMENDMENT TO CONSULTANT'S SERVICES AGREEMENT This amendment, made this 5th day of January, 1988 by and between the City of San Luis Obispo, California (hereinafter referred to as "City "), and DKS Associates of San Jose, California, (hereinafter referred to as "Consultant "). Mais document amends the contract between the City of San Luis Obispo 1/5/88 (hereinafter referred to as "Agreement") and DKS Associates dated , for the traffic circulation and environmental assessment services. City hereby authorizes Consultant to work on Tasks 1, 21 3, and 4 as provided in Exhibit A of the /l? Wq( Agreement. Further authorization is given for work on Tasks 8 and 10 not to exceed twenty percent (20 %) of Task 8 and fifty percent (50 %) of Task 10 as provided in Exhibits A and B of the Prime Agreement. By mutual understanding, it is agreed that work on the remaining - Tasks 5, 61 7 and 9, and the completion of Tasks 8 and 10 will be dependent upon an interim review of completed work and direction of remaining tasks by City Council. Written authorization for the balance of the study will be provided to the Consultant by the City with concurrence from the San Luis Obispo City Council. This Amendment further modifies Section 4 of the PAyc t ( Agreement to allow for progress payments on Task 10 "Study Reports" based on work described in Exhibit "A" and listed in Exhibit "B" of the Vita Agreement, and as further modified by this Amendment The purpose of this change is to provide for partial payment on working papers and extra meetings that may be required on behalf of the City. All other conditions of the.,P/4#0 Agreement apply. Any further changes to the contract and/or this amendment must be in writing by mutual agreement of all parties. The City and Consultant have executed this Agreement the day and year first written above. CONSULTANT DKS Associates By Steven R. Jepsen Title Director. San Jose Operations CITY OF SAN LUIS OBISPO MAYOR RON DUNIN Authorized Signature Title Mayor ATTEST: CI Y CLERK PAID OGES o RESOLUTION 6378(1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ADOPTION OF,CRITERIA FOR GRANTS -IN -AID WHEREAS, the City Council provides funding to local non - profit groups providing services that enhance the quality of life for City residents; and WHEREAS, the Human Relations Commission and the Promotional Coordinating Committee review applications submitted by those agencies in order to make fair and objective recommendations to the City Council regarding appropriate funding through their annual Grants -In -Aid programs; and WHEREAS, in an effort to standardize and formalize that review process, a set of criteria for Grants -In -Aid funding have been developed by those commissions, as follows: 1. At least one appropriate representative from each applicant agency will be required to attend a workshop which details the application process. 2. The application must be completed in full and on time. Late or incomplete applications will not be considered. 3. Applicants must have the status of a non - profit organization (Articles of Inc., 501 C3 status, Federal ID number and Tax Exempt Notification), prior to submitting proposals for funding. 4. Applicant proposals must be compatible with the current goals and objectives of the Grants -In -Aid program. 5. Applicants must demonstrate they have the managerial and fiscal competence to complete the proposed project. 6. Applicants must show what percentage of the total agency budget the requested City funds represent, and what percentage of agency Clients /participants /users will be City and County residents. 7. Applicants should be aware that there is no guarantee that funding will be available to them in future fiscal years. Dependency on future city funding is discouraged. 8. An applicant agency may not be eligible if its reserve is more than 10% of the organization's annual budget. Applicant agencies must identify designation of any reserves in excess of 10 %. 9. Preference will be given to those agencies that provide direct services to residents and that provide a clear description of how they intend to use the City funds. 10. The City is reluctant to fund new projects which duplicate existing programs. The applicant must show that this particular program is in some way unique or needed by city residents. R6378 Resolution No. 63 =;1988 Series) Page 2 F 11. Applicants should be able to demonstrate clear attempts at coordination with related agencies and a high use level of existing community resources. 12. Applicants should be able to show their fundraising history as well as clear attempts at obtaining funding from sources other than the City. NOW, THEREFORE, BE IT RESOLVED that the City Council approve and adopt the above criteria for funding grants -in -aid programs of the Promotional Coordinating Committee and the Human Relations Commission. On motion of Councilwoman Rappa , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January 1988. ATTEST: D "�C +� CITY CLERK PAMELA -VIES Approved: City dministrative Officer / Z Finance Direct City A torney '1 1 r � MAYOR RON DUNIN GRANTS -IN -AID CRITERIA FOR FUNDING 1. At least one appropriate representative from each applicant agency will be required to attend a workshop which details the application process. 2. The application must be completed in full and on time. Late or incomplete applications will not be considered. 3. Applicants must have the status of a non - profit organization (Articles of Inc., 501 C3 status, Federal ID number and Tax Exempt Notification), prior to submitting proposals for funding. 4. Applicant proposals must be compatible with the current goals and objectives of the Grants -In -Aid program. 5. Applicants must demonstrate they have the managerial and fiscal competence to complete the proposed project. 6. Applicants must show what percentage of the total agency budget the requested City funds represent, and what percentage of agency clients /participants /users will be City and County residents. 7. Applicants should be aware that there is no guarantee that funding will be available to them in future fiscal years. Dependency on future city funding is discouraged. 8. An applicant agency may not be eligible if its reserve is more than 10% of the organization's annual budget. Applicant agencies must identify designation of any reserves in excess of 10 %. 9. Preference will be given to those agencies that provide direct services to residents and that provide a clear description of how they intend to use the City funds. 10. The City is reluctant to fund new projects which duplicate existing programs. The applicant must show that this particular program is in some way unique or needed by city residents. 11. Applicants should be able to demonstrate clear attempts at coordination with related agencies and a high use level of existing community resources. 12. Applicants should be able to show their fundraising history as well as clear attempts at obtaining funding from sources other than the City. rl r lb RESOLUTION NO. 6377 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO DENY USE PERMIT A133 -87 AND VARIANCE V1342, DENYING THE USE OF A SITE ON HIGH STREET FOR A CARWASH. WHEREAS, the Planning Commission and City Council have held public hearings on this use permit and variance in accordance with the city's Zoning Regulations; and WHEREAS, the item has come to the council upon appeal from the Planning Commission and the council has considered the reports of staff, minutes of the Planning Commission, public testimony, and materials submitted by the applicant. NOW, THEREFORE, the council resolves to deny the appeal and uphold the Planning Commission's action to deny Use Permit A 133 -87 and Variance V1342 with the following findings: The granting of such an application would adversely affect the health, safety or general welfare of persons living or working in the vicinity; specifically, the use would result in hazards for traffic and pedestrians. 2. The use is not appropriate for the site. Specifically, the site is too small to accomodate a self - service carwash and customer vehicles on -site. On motion of Cqu.nc,ilrman, Set,t.le,, , seconded by ,Councilwoman Pinard .............., and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, and Mayor Dunin NOES: Councilman Reiss ABSENT: None the foregoing resolution was passed and adopted this ..5th.. day of January , 1988. ayoer=o unn ATT City Clerk Pa loges R6377 n 4' Resolution No. 6377 (1988 Series) Page 2 APPROVED: ity A ministrative Officer City Atto ey /-11 %6 � ................... .............. Community Development Director judolcarres r 1.1 !/ � T �' �2(,�ia�- d�PUI�:CGrn,,(.� �Cvn.c� ,�'i 1�`'� Fi I� �n� �� RESOLUTION NO. 6376 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FEDERAL -AID PROJECTS WHEREAS, the Congress of the United States has in the 1986 U.S. Surface Transportation Assistance Act declared it to be in the national interest for federal funds to be expended for highway projects; and WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects; and WHEREAS, as a condition to receiving any Federal -Aid funds the City agrees to comply with Federal Regulation 49CFR Part 23, "Participation by Minority Business Enterprises in Department of Transportation Program; and WHEREAS, the Federal Regulation includes requirements that recipients of Federal -Aid funds adopt a "Disadvantaged Business Enterprise (DBE) Program; and WHEREAS, State policy requires that the City will administer its Federal -Aid projects; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California, hereby: 1. Approves Exhibit A attached, entitled "Disadvantaged Business Enterprise (DBE) Program ", and the Mayor is authorized to execute the same. 2. Directs the City Clerk to transmit a copy of the adopted DBE Program and this resolution to: Mr. T. 0. Montague Asst. Dist. Local Streets & Roads Engr. California Dept. of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403 -8114 R 6376 � p Resolution No. 6376 (1988 Series) Page Two 3. Directs the City Clerk upon receiving State approval of this City DBE Program, to prepare a Public Notice to be published in the Telegram- Tribune for one day, and transmit a "Declaration or Proof of Publication" of said Public Notice to: Mr. T. 0. Montague Asst. Dist. Local Streets & Roads Engr. California Dept. of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403 -8114 On motion of Councilwoman Rappa , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 5th day of January 1988, ��' AYOR Ron Dunin ATTES CITY LERK Pam oges r * r * r « APPROVED: City Administrative Officer City Ayjorney // A- ) -;k--._ 4.,. V1;'— " Public Works Director City E)gineer jh5 /DBEprog jms J r] EXHIBIT "A" DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY OF SAN LUIS OBISPO I. Policy Statement It is the policy of the City of San Luis Obispo to utilize Disadvantaged Business Enterprises (DBE) and firms as defined in 49 CFR Part 23 in all aspects of contracting to the maximum extent feasible. This policy which is fully described herein constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in part by any U.S. Department of Transportation model element. This Agency, its contractors and subcontractors, which are the recipients of Federal -aid funds, agree to ensure DBE firms have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, this Agency and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR Part 23 to ensure that DBE and firms have the maximum opportunity to compete for and perform contracts.. II. Disadvantaged Business Enterprise (DBE) Liaison Officer. Director of Public Works, is the DBE Liaison Officer for this agency and shall report to the City Administrative Officer. He will be assigned such staff as is necessary to fully implement the provision of 49 CFR Part 23 and such other DBE programs as may be required. III. Duties of the DBE Liaison Officer., The DBE Liaison Officer shall develop, manage and implement the DBE Program on a day -to -day basis. The Liaison Officer shall: * Develop and carry out technical assistance programs for DBE's. * Arrange solicitations, time for the presentation of bids, quantities, . specifications, and delivery schedules so as to facilitate the participation of DBE's. Where such changes are found necessary to increase DBE_ utilization, they will be made in consultation and cooperation with the functional unit involved. * Provide guidance to DBE's in overcoming barriers, such as inability to obtain bonding or financing. * Carry out information and communication programs. on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. * Investigate the services offered by banks owned and controlled by Disadvantaged Business Enterprises. * Unless noted elsewhere herein the listing of DBE's certified by Caltrans will be utilized. Said listing is to be made available to all project bidders. Such lising will include the following information: Name, address, telephone number, ethnic and /or sexual ownership, type of work.performed by firm. * Prior to approval of the substitution of any DBE sub - contractor, the. prime contractors will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. * Establish a DBE overall annual goal. The goal shall be evaluated annually and adjusted as necessary. * Establish an appropriate individual project DBE goal for each Federal Aid Project advertised. * Perform good faith analysis when the project goal is not achieved. * Maintain such documentation as is necessary to verify performance of all activities included in this program. IV. Public Notification 1. At the time of submittal of this program to the State Department of Transportation, a notice in both minority and majority local media will be published. Said publication shall include: * The annual overall DBE goal. * Notification that a description of how the goal was set is available for public inspection for a period of 30 days. ft C-11 * Notification that both U.:S. DOT and this agency will accept comments on the goal for 45 days from the date of the notice. The notice shall advise interested parties that comments are for information purposes only. 2. This program will be reaffirmed by public notice annually at the time of publication of overall goal. If substantial changes are made to this document, the entire document shall be subject to notification noted in (1) above. 3. In addition to the foregoing, interested disadvantaged and majority contractor organizations will receive direct mailings of this complete program. V. Establishment of Goal 1. The DBE goal will be established both annually (overall) and on a per contract basis. The overall goal will be based on planned contract activity for the coming year. The overall goal established will be subject to methodology and procedures established in 49CFR Part 23, Subparts (C) and (D) and take effect on October 1st of each year. 2. The overall DBE goal established with this initial program is 10% and covers the period October 1, 1987 to September 30, 1988. 3. Individual project goals will be established based on the following criteria: * Attainment of established overall goals. * Size of project. * Opportunities for DBE's as subcontractors, vendors, and suppliers. * Minority population of geographic area in which work is to be performed. * DBE goals being utilized in the geographic area by other State, Federal or local jurisdictions. * Availability of certified DBE's. LM:7 40 • Past experience on projects similar to the project being evaluated. • Such other factors as may affect the utilization of DBE's. Complete evaluation documentation will be retained for each project. 4. Projects which do not contain a specific goal will contain the following provisions: A. "Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement." B. DBE Obligation. (i) The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps A n accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT- assisted contracts." VI. Contract Procedure This program shall be implemented through the utilization of a contract special provision which will be provided /updated as necessary by Caltrans' Division of Local Streets and Roads. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each DBE subactivity. VII. DBE Notification Projects will be advertised in local newspapers and minority focus newspapers when possible. These ads will include reference to DBE requirements and will indicate the DBE project goal. DBE supportive service assistance centers will receive notification of projects scheduled to be advertised. Such Centers will be afforded the opportunity to receive complimentary plans and specifications for projects within their geographical area of responsibility. VIII. Selection Criteria for Projects with DBE Goal Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer or his designee to ascertain bidding contractors' efforts to attain the DBE goal. The award of any project must be concurred with by the DBE Liaison Officer or his designee before said contract may be awarded. Should there be disagreement between functional units concerning contractors' efforts to attain contract goals for DBE participation, the matter shall be referred to the City Administrative Officer or his designee, for final determination. Competitors that fail to meet the DBE goal and fail to demonstrate sufficient reasonable good faith efforts shall be declared non - responsive and ineligible for award of the contract. All contracts that contain a DBE goal, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The DBE Liaison Officer is to be immediately advised of any • a circumstances wherein contractor compliance with the DBE provision is questionable. The contractor shall submit 'a final report for each project which includes total payments to the prime contractor as well as any payments the prime contractor has made to DBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goal, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goal and any corrective action that was taken. Prime contractors will be required to notify the Agency of any situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors or suppliers. IX. Set - Asides If determined necessary by the DBE Liaison Officer, DBE Set - Asides will be considered as a tool to achieve annual overall goals. X. Counting DBE Participants This Agency, its contractor's, and subcontractors shall count DBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regulations. XI. Records and Reports 1. The DBE Liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information: * Awards to DBE's * Awards to majority contractors. * Final project reports concerning DBE utilization. * Such other data as is needed to fully evaluation compliance with this program to QI 2. The DBE Liaison Officer shall submit reports to Caltrans and /or to the appropriate U.S. DOT element as required. These reports will include: * Number and dollar value of contracts awarded. * Number and dollar value of contracts and subcontracts awarded to DBE's. * Description of general categories of contracts awarded to DBE's. * The percentage of the dollar value of all contracts awarded during the Year which were awarded to DBE's. • Indication as -to the extent of which the percentage met or exceeded the overall goal. • Reports shall be broken down separately by ethnic grouping. XII. Complaints Any complaints received by the Agency concerning this program will be investigated by the DBE Liaison Officer who will endeavor to resolve said complaints within 90 days of receipt. The appropriate DOT element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation /resolution. The DOT element and Caltrans will receive a complete investigative report on the complaint and may be requested to concur in the proposed disposition of said complaint. Contractors will be directed to notify the Agency of any complaints they may receive concerning this program. jh5 /dbeprog by IYl "r. I 'YI RESOLUTION NO.6375 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF.THE CITY OF SAN LUIS OBISPO APPROVING THE CENTRAL COAST REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of the executed . agreement approved by it to: George Protopapas, County Engineer, San Luis Obispo County Government Center, San Luis Obispo, CA 93408. On motion of Councilwoman Rappa Y , seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th_ day of January 1988. Mayor Ron Dunin ATTEST: 1 V _ _ City erk Pamela vogeo APPROVED: City Adm nistrative Officer City A rney s R6375 � EXHIBIT "A" JOINT POWERS AGREEMENT CENTRAL COAST REGIONAL TRANSIT AUTHORITY This Agreement, by and between the Cities of Morro Bay, Atascadero and San Luis Obispo, the County of San Luis Obispo and San Luis Obispo County Community College District, is hereby entered into pursuant to Section 6500 et seq. of the Government Code of the State of California. This Agreement terminates the Joint Powers Agreement - North Coastal Transit entered into on January 12, 1979 and as subsequently amended. The Authority assumes all powers, duties, assets, liabilities and obligations of North Coastal Transit. ARTICLE I GENERAL PROVISIONS SECTION 1: PURPOSES. The purpose of this Agreement is to of the member agencies by the formation with full power and authority to own, public transportation system within the Joint Powers Agency has jurisdiction. i Exhibit .A. ) SECTION 2: NAME. exe.rcise the common powers of a Joint Powers Agency operate and administer a territory over which the See map attached hereto a.s The legal name of the Joint Powers Agency shall be Central Coast Regional Transit Authority hereinafter referred to as Authority. SECTION 3: POWERS. The Authority shall have all powers necessary to carry out the purposes of this Agreement, except the power to tax. The power to expend funds shall be limited only- by the availability of funds as set forth in Section 1 of Article III, Financial Provisions of this Agreement. The powers of the Authority specifically include, but are not limited to, the following: a. To operate a public transit system to serve the Highway 1 Corridor between the Cities of Morro Bay and San Luis Obispo including the Baywood -Los Osos Area, and the Old Highwa.y 101 Corridor between the Cities of San Luis Obispo and Atascadero, as is shown on the map attached hereto as Exhibit A. b. To sue and be sued. C. To employ agents, employees and to contract for professional or other services. d. To make and enter into contracts including labor and employment contracts. e. To acquire, convey, construct, manage, maintain and operate buildings and improvements. f. To acquire and convey real and personal property. g. To incur debts, liabilities and obligations. h. To apply for and execute contracts of financial assistance from state and federal agencies and to obligate the agency to operate the improvements, equipment, or transportation system in accordance with the terms and conditions of said financial assistance. i. To purchase necessary insurance. SECTION 4: AUTHORITY IS A PUBLIC LEGAL ENTITY. Central Coast Regional Transit Authority, is a public entity duly formed and existing under the laws of the State of California. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to the this Agreement, or those created pursuant to previous Agreement., shall be solely the obligation of the Central Coast Regional Transit Authority and not those of its member agencies or of officers, employees, members of the Authority or representatives of the member agencies. ARTICLE II ORGANIZATION SECTION 1: THE AUTHORITY. The powers of the agency are vested in its Governing Board. The Governing Board shall be composed of one representative from each member agency. Each member of the Board shall have one vote. Each member agency shall appoint one regular representative and one alternate representative to the Board, and shall notify the agency in writing of their appointments or of any change of representative. The representative shall serve solely at the pleasure of the appointing member agency. Representatives shall be either elected officials or officers or employees of the member agency. SECTION 2. MEETING - VOTING QUORUM.. The Board shall establish a time, place and date for a regular monthly meeting. Regular meetings may be adjourned from time to time. Special meetings may be called by the Chair or upon written K o request of any two members of the Board. Members shall be given at least 48 hours written notice of special meetings, provided however, the representative of any member may waive said notice. A majority of the members shall constitute a quorum for the transaction of business. Nothing in this section shall conflict with any Brown Act requirements. Unless specifically_ limited by this Agreement, the vote of a majority of the members present at any regular, adjourned or special meeting shall be sufficient to act upon any matter. SECTION 3: OFFICERS. The Board shall elect a Chair and Vice- Chair, and the Vice Chair shall act in the absence of the Chair. The Board shall also elect such other officers as deemed necessary. All officers shall serve for a term of one year from the date of their election or until their successors are elected. The Chair or Vice -Chair is authorized to execute all documents in the name of the Authority. SECTION 4: ADMINISTRATION. The Board may, in its discretion, appoint an administrator of the transit system, to serve at the pleasure of the Board, and to have the power to certify agency documents as required by law and to assume such duties and responsibilities as the Board may direct. SECTION 5: NEW MEMBERS. The Board may accept new members to the Board on such terms and conditions as the Board may prescribe. SECTION 6: CHANGE OF BOUNDARIES. The boundaries of this Authority are subject to change, but shall initially be as set forth upon Exhibit "A" attached hereto and made a part of this Agreement and incorporated herein by reference. If any portion of the unincorporated area of the County is annexed to a member city, that annexed portion shall automatically be included within the boundaries of this Authority, and the said member city shall assume any obligations of the County as to that %area. If a new city should be formed in any portion of the unincorporated area of the County presently included wi.thin the territory of this Authority, and if such a new city should become a party to this Agreement, then the affected area shall be the responsibility of the new city and the County shall not be responsible for any obligations on account of the area. so included 3 within the new city as of the effective date of the incorporation of the new city. The boundaries of this Authority shall be adjusted to reflect annexations or new incorporations as set forth hereinabove. If the new city should not become a member of this Authority, then the area of the new City shall be deleted from the area of this Authority. ARTICLE III FINANCIAL PROVISIONS SECTION 1: BUDGET - LIMITATION OF FINANCIAL COMMITMENT The Board shall establish the fiscal year for the Authority and shall, prior to the commencement of each fiscal year, adopt an annual budget. The budget may additionally carry funds for future fiscal years where necessary to reflect obligations under state or federal funding agreements, to the extent allowable by California law. The representatives expenditures beyond one legislative bodies of the be required to expend any operations of the Board. be funded from revenues appropriate revenue sour( contribution to the agency shall not obligate the Authority to year without express approval of the member agencies. No member Agency shall of its general fund monies to support the The operation of the transit system shall derived from operations and any other :es. Each member shall make an annual for funding the adopted budget. The formulas for funding the operation of the existing bus lines are as follows: Morro Bay Route (Route 7) The formula for funding the operation of this route will consider population of the area served and daily passenger miles departing from the members jurisdiction. Sixty -five percent of the operating costs will be funded according. to population, the remaining thirty -five percent according to passenger miles. The populations of the Cities of Morro Bay and San Luis Obispo shall include the populations within their respective incorporated areas. Each local agency's funding share shall be based uoon the amount that the member's population bears to the total population of all the members. For this route the service area of the County of San Luis Obispo includes the populations of the students housed at California Polytechnic State University, the California Mans Colony, Los Osos, Cayucos, Cambria and the Estero Rural area. Population figures for the California Mens Colony and the Cal Poly residents shall be provided by the respective institutions. 4 o • The passenger- miles information shall be based upon an annual on -board survey taken in the month of January. The survey will be of a one day duration.. The main purpose of the survey is to determine the rider's place of residence and trip length. . Cuesta - CMC Route (Route 8): One third the total cost of operating this route shall be paid by each of the following agencies. City of San Luis Obispo, County of San Luis Obispo and San Luis Obispo County Community College District. Atascadero - (Route 9): One third the total cost of operating this route shall be paid by each of the following agencies: Cities of San Luis Obispo and Atascadero and the County of San Luis Obispo. A6y population percentages utililized shall be based annually on figures prepared from SS 90 estimates of the State Department of Finance. SECTION 2: EXPENDITURES. The Board may establish procedures and policies to insure competitive prices for the purchases of goods and services. Formal bidding shall not be required unless directed specifically by the Board or unless required by state or federal law. Particularly in the purchase of equipment, including buses, the Board may consider the design, maintenance and operating costs, and other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. SECTION 3: TREASURER AND AUDITOR. Pursuant to Government Code Section 6505.5, the Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of the Board. The Treasurer shall have the powers and duties set forth in Government Code. Section 6505.5. The Auditor /Controller of the County of San Luis Obispo is designated as Auditor of this Authority, likewise pursuant to Government Code Section 6505.5, with the powers and duties set forth therein. SECTION 4: ANNUAL AUDIT. The Board shall cause an annual audit to be prepared and filed in accordance with Government. Code Section 6505 and Public Utilities Section 99245 unless provided by the Area Coordinating Council. 5 o • SECTION 5: PERIODIC REPORTS. The Board may require periodic reporting of ridership,. finances or other pertinent information. It shall be the responsibility of the contractor and administrator to provide such reports in a form acceptable to the Board. SECTION 6: OFFICIAL BONDS. The Administrator and such other employees Board may direct shall file an official bond in determined by the Board. The cost of said bond(s) the Authority. ARTICLE IV MISCELLANEOUS PROVISIONS SECTION 1: WITHDRAWAL OF MEMBERS. or agents as the an amount to be shall be borne by Any member of this Board may withdraw at any time after written notice to the Board. If the Board has contractual obligations to continue operation of a public transit system at the time of withdrawal of any member agency, the remaining member agencies may impose such conditions upon the withdrawing member agency as may be reasonable, including future financial support to meet the contractual obligations of the Board at the time of withdrawal. The obligations of the withdrawing member agency shall not extend to the general funds of the withdrawing member. SECTION 2: AMENDMENT OF AGREEMENT. This Agreement may be amended at any time with the approval of ail-the legislative bodies of the member agencies. SECTION 3: RATIFICATION- EFFECTIVE DATE. This Agreement shall become effective upon ratification by all member agencies. This Agreement shall be dated and shall be effective upon the last date ratified by a member agency. SECTION 4: ASSIGNABILITY. In the event it is deemed in the best public interest to have the public transportation system operated by another individual or entity, whether public or private, and provided that the operation complies with State and Federal law, the Board may sell, lease, or assign all of its real and personal property and may assign operations upon such terms and conditions as the Board determines to be reasonable. rl C 0 SECTION 5: TERMINATION. This Agreement shall continue in full force and effect until cancelled by a majority of the member agencies. SECTION 6: NOTIFICATION TO SECRETARY OF STATE. Pursuant to Government Code Section 6503.5, the Board shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of the Secretary of the State of California, within thirty (30) days after the effective date of this Agreement. Until such filing is completed, the Board shall not issue any bonds or incur indebtedness of any kind. 7 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the day of , 1987, which is the last date of signing by a member. SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT By: Chairperson, Board of Trustees Date Signed: COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO By Mayor Date Signed: / CITY OF MORRO BAY By. Mayor Date Signed: CITY OF ATASCADERO By: By: Chairman of the Board of Mayor Supervisors Autharized by Board Action on , 1987. Date Signed: APPROVED AS TO FORA AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: gk:e7�� Deputy We C u sel Dated: Wev , � qf2 Co. Eng. JW /nt 0150x 0056x L•' Date Signed: T O 4 _ nK0' ' -•L� � ♦ i r V _ � ��• �. a 'r t• vv p Q _. /• _ of � :`_Lr� rYl /•33 J -z ` "7 .c: n r- r. 7 r .wl _ t� 't • � yi � � ._ _w T`•• Tt I C _ J = { • � 41 4 . I';: t.' r�M;: lvse .}�.'i'J�'%w.i��•i{1�:.'S�.� �+♦:'Y..TI+ -YI r:Yp:•i:'C!YiC f,'!u•." -r)� :o:nl'°; �':J.� _.. i. � -� - �' . ._..... 1� n s A. J '' RESOLUTION NO. 6374 (1988 Series) A RESOLUTION OF,THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND LA FIESTA DE SAN LUIS OBISPO FOR CITY TO PAY ASSOCIATION $3,620.00 TO BE EXPENDED FOR FISCAL YEAR 1987 -88 BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and La Fiesta de San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: La Fiesta; City Finance Director. On motion of Councilwoman Rappa , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of January , 1988. ATTEST CITY_ LERK Pam Vc0es Approved: r, G Cit ministrat,;Or er City At orney inance Director MAYOR Ron Ounin R6374 A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS 081SPO TO CULTURAL, ARTISTIC OR FDUCATTONAL ORGANIZATIONS FOR FISCAL YEAR 1987 -88 LA FIESTA DE SAN LUIS OBISPO This agreement, made and entered into this day of 1988, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "). and LA FIESTA DE SAN LUIS OBISPO, a non - profit organization (referred to herein as "Association); WITNESSETH: WHEREAS, City desires to sponsor and support activities of a cultural, artistic., and educational nature for the benefit of the City's residents for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program; and WHEREAS, City has established La Fiesta as a line item grant in the amount of $3,620.00; and NOW THEREFORE.: 1. City agrees to pay Association the sum of Three Thousand Six Hundred Twenty Dollars ($3,620.00) to be expended for the purpose of organizing and staging the events of La Fiesta. 2. On or before October 1, 1988, Association will provide City with a detailed statement of its income and expenses for the previous twelve- month period ending September 1, 1988. 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose be considered as employees or agents of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: 1 V.a 6b 99. City: Office of the City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -81.00 Association: La Fiesta de San Luis Obispo P.O. Box 1733 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ASSOCIATION: LA FIESTA DE SAN LUIS OBISPO By Y1Se_ N!7��1 -- Vicki Carroll, President 2 CITY: CITY OF SAN LUIS OBISPO By: Ron Dunin, Mayor ATTES Pame a Voges, City C rk Attachment 1 RESOLUTION ND. 6373 (1966 SERIES) A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO- EXTENDING THE CURRENT ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN'LUIS.OBISPO POLICE OFFICERS' ASSOCIATION; AND AUTHOR IZING.THE CHIEF OF POLICE TO ADOPT OR CHANGE WORK SCHEDULE PLANS AS NEEDED.. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The modification and extension to the Addendum of the current Memorandum.of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Officers' Association, attached hereto as Exhibit "A ", and incorporated herein by this reference is hereby adopted and ratified. Section 2.. The City Council,'further, reaffirms the authority of the Chief of Police to alter or adopt necessary schedule changes to meet the needs of the City and /or its employees. Section 3, The City Clerk shall furnish a copy of this resolution and a copy of the executed Extended Addendum to Gary Nemeth, President of the Police Officers' Association; Ann Crossey,,Personnel Director; Dixon- Flynn, Acting Finance ,Director; and James Gardiner, Chief of Police: On motion of Councilw `oman_Rappa,_seconded_by- Councilman Settle,. and or_ the following roll call vote: AYES: Councilmembers Rappa, Settle, P natd, Reiss and Mayor Dunin NOES: None. ABSENT: None R6373 Resolution No. 6M (1988 Series) Page 2 the foregoing resolution was passed and adopted this 5th day of January, 1988.. Mayor Ron Dunin ATTEST: /1 City Clerk, PamelaXVoges APPROVED: "— City A,ministrative Officer City AUorney Finance Director j Personnel Director Attachment 1 Exhibit A SIDE LETTER TO ADDENDUM of 1985 -88 Memorandum of Agreement Between the City of San Luis Obispo and the San Luis Obispo Police Officers Association By mutual consent of the City and the Police Officers Association, the attached addendum with sideletter adopted May 19, 1987 by Resolution 6216 (1987 series) is hereby modified to read as follows: A. Page One, Paragraph One : In an effort to improve scheduling, the Chief of Police desires to implement a 3/12 Work Hour Plan. This plan will be implemented beginning January 1, 1988 and will remain in effect until such time that it is no longer determined to be beneficial to the City and /or the Police Officers' Association. B. Page One, Paragraphs Two, Three, Four and Five: All Paragraphs deleted. C. Page Two, Paragraph One: Deleted. D. Page Two, Paragraph Three: Deleted. The City and the Police Officers Association agree to continue all other aspects of the current addendum to the 1985 -86 MDA as written through June 30, 1988. The City and Police Officers' Association also agree that all other provisions of the current MOA, not effected by the addendum, will remain the same. Nothing herein should be construed to indicate that the City will, in any way, relinquish current or future management prerogatives to establish necessary work plans appropriate to the needs of the Department. /-1. G�, cx,� � \ Yl O Y1 C.'i �i� 0