HomeMy WebLinkAbout6675-6699RESOLUTION NO.66.99(1989 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE MAYOR TO SIGN A CONTRACT FOR THE DESIGN
OF CERTAIN TENANT IMPROVEMENTS WITHIN THE PARKING STRUCTURE
ON THE CORNER OF CHORRO AND MARSH STREETS
WHEREAS, the Council in its 1987 meeting authorized a contract with Conrad Building Systems
to design the parking structure at the corner of Chorro and Marsh Streets.
WHEREAS, the design did not include tenant improvements within the parking structure;
WHEREAS, the construction of the structure designed by Conrad Building Systems is now in
progress and time is of essence;
WHEREAS, the City has followed its Purchasing Manual procedures in interviewing several
quWified architectural firms;
WHEREAS, Bruce Douglas Fraser, AIA, has been recommended by a review panel as the best
qualified professional submitting a proposal;
NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the Mayor to sign the
contract with Bruce Fraser to design the tenant improvements the City is to provide within the
Parking Structure.
On motion of ._ Councilman Settle , seconded
by Mayor Dunici and on the following roll call vote:
AYES: Councilman Settle, Mayor Dunin, Councilmembers Rappa and Reiss
NOES: None-,...
ABSENT: Councilwoman Pinard
the foregoing Resolution was passed and adopted this 9th day of October , 1989.
I4AYOR Ron Dunin
ATTE
CITY qERK Pam V s
R 6699
Resolution No. 6699 (1989 Series)
Page Two
APPROVED:
- -A Ii
ptt/CTTY ADMINISTRATIVE OFFICER
PUBLIC WORKS DIRECTOR
Ae^vx-
, T ENGINEER
wp6 /wptenant
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V
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CONSULTANT SERVICE AGREEMENT
This agreement made this 11th day of October __ _ ---1 1989, by
and between the CITY OF SAN LUIS OBISPO, California ( hereinafter referred to as "City" ), and
Bruce Douglas Fraser, AIA (hereinafter referred to as "Consultant ").
WITNESSETH:
WHEREAS, City desires to retain certain services in conjunction with the development of a
parking structure for approximately 280 stalls and approximately 16,000 square feet of
commercial /office space. The services being provided by this consultant under this contract
are for the design and construction administration of tenant improvements within a new parking
structure located at the easterly corner of Chorro and Marsh Streets in San Luis Obispo. These
services are identified in detail in Exhibit 'A'.
WHEREAS, City desires to engage Consultant to provide services described in Exhibit `A' .by
reason of its qualifications. and experience for performing such services, on the terms and in
the manner set forth in said exhibit attached hereto.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as
follows:
0
1. PROJECT COORDINATION
a. City. The Director of Public Works 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 and shall supervise the progress and
execution of the project under this agreement.
b. Consultant. Consultant shall assign a single Project Manager to liaison with the City's
representative. Bruce Fraser is hereby designated as the Project Manager for
Consultant. Should circumstances or conditions subsequent to the execution of this
agreement require a substitute Project Manager for any reason, the Project Manager of
Consultant Service Agreement
Page Two
designee shall be subject to the prior written acceptance and approval of the Director.
Consultant's Project Team is further described in Exhibit 'A' attached hereto and
incorporated herein by this reference. The individuals identified and the positions
held as described in Exhibit 'A' shall not be changed except by prior written approval
of City.. Such approval shall not be unreasonably withheld by the City.
2. DUTIES -OF CONSULTANT
a. Services to be furnished. Consultant shall provide all specified services as set forth
.in Exhibit `A' attached hereto and incorporated herein by this reference.
b. Laws to be observed Consultant shall to the extent of its abilities:
(1) Notify the City of the need to procure permits and licenses, identify charges and
fees, and give notices which may be necessary and incidental to the due and lawful
prosecution of the services to be performed by Consultant under this agreement;
(2) Keep itself informed of all existing and proposed federal, state and local laws,
ordinances, regulations, orders, and decrees which may affect those engaged or
employed under this agreement, any materials used in Consultant's performance under
this agreement, or the conduct of the servicesjinder this agreement;
(3) At all times observe and comply with, and cause all of its employees to observe and
comply with all of said laws, ordinances, regulations, orders, and decrees mentioned
above.
(4) Immediately report to the City's Project Manager in writing any discrepancy or
inconsistency it discovers in said laws, ordinances, regulations, orders, and
decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this agreement.
Li
Consultant Service Agreement
Page Three
c. Release of reports and information. Any reports, information, data, or other.material
given to, or prepared or assembled by, Consultant under this agreement shall be the
property of City and shall not be made available to any individual or organization by
Consultant without the prior written approval of the City's Project Manager. The
Consultant shall be allowed, for promotional purposes, to make known the nature of the
assignment in a general statement during the project and may reproduce design
information after it has become public information or upon completion of this project..
d. Copies of reports and information. If City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is
required to furnish in limited quantities as part of the services under this agreement,
Consultant shall provide such additional copies as are requested, and City shall
compensate Consultant for the costs of duplicating of such copies at Consultant's direct
expense.
3. DUTIES OF CITY
a. The City shall - provide full information regarding requirements for the Project including
a program, which shall set forth the Consultant's design objectives, constraints and
s
criteria, including space requirements and relationships, flexibility and expandability,
special equipment and systems and site requirements. The City shall furnish a legal
description and a certified land survey of the site, giving, as applicable, grades and
lines of streets, alleys, pavements and adjoining property; rights -of -way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the
site,- locations, dimensions and complete data pertaining to existing buildings.,
archaeological data, other improvements and trees; and full information concerning
available service and utility lines both public and private; above and below grade,
including inverts and depths.
Consultant Service Agreement
Page Four
b. The City shall pay all costs of the services of soil engineers or other consultant when
such services are deemed necessary by the Consultant and are approved by the Project
Manager. Such services shall include test borings, test pits, soil bearing values,
percolation tests, air and water pollution tests, ground corrosion and resistivity
tests, including necessary operations for determining subsoil, air and water conditions,
with reports and appropriate professional recommendations.
c. The City shall pay all costs for permits and plan check fees.
d. The City shall furnish all legal, accounting and insurance counseling services a. s may be
necessary at any time for the Project, including such auditing services as the City may
require to verify the Contractor's Applications for Payment or to ascertain how or for
what purposes the Contractor uses the moneys paid by or on behalf of the City.
e. The services, information, surveys and reports required above shall be furnished at the
City's expense, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
f. If the City observes or otherwise becomes aware of any fault.or defect in the Project or
nonconformance with the Contract Documents, proiWpt written notice thereof shall be given
by the City to the Consultant.
g. The City shall furnish required information and services and shall render approvals and
decisions as expeditiously as possible for the orderly progress of the Consultant's
services and of the Work.
4. COMPENSATION
a. The Consultant will perform the work in phases as described in Exhibit W.
b. Consultant will bill City as provided for in consultant's fee scheduled as described in
Exhibit `A' attached hereto. City will pay this bill within 30 days of receipt: The
Consultant may not charge more than the phase amount• shown in Exhibit 'A' without prior
Consultant Service Agreement
Page Five
approval of the City's Project Manager.
c. If this contract is not completed within two years from the date of contract, due to no
fault of the Consultant, the parties shall renegotiate the fee to account for inflation
and additional time spent on the Project.
S. TIME FOR COMPLETION OF THE WORK
a. Project scheduling shall. be as required to assure that the construction project now
underway is not delayed and that the improvements designed under this contract can be
constructed in an orderly fashion by the City's current contractor.
b. 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 Public Works Director shall have the authority to suspend the project under this
agreement wholly or in part, for such period as he deems necessary due to unfavorable
conditions or to the failure on the part of the Consultant to perform any provision of this
agreement. Consultant will be paid the compensation due and payable to the date of
A -
temporary suspension. In the event of a temporary suspension of more than two months, the
Consultant may request City to consider renegotiation of the fee to account for inflation
and additional time spent on the Project due to the delay.
7. SUSPENSION: TERMINATION
a. Rieht 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 the effective date
of 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, and which should take into account the work
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Consultant Service Agreement
Page Six
completed up to the date of termination. 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 by mutual agreement 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, except as per paragraph #9 following. 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
a
subject to the City's Project Manager's inspection and approval. The.inspection of such
work shall not relieve Consultant of any of its obligations to fulfill its agreement as
prescribed.
9. OWNERSkIP OF MATERIALS
All original drawings, models, 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. The consultant may retain a
reproduceable copy, for their records.
Consultant Service Agreement
Page Seven
10. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent finds, 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: SUBCONSULTANTS: EMPLOYEES
This agreement is for the performance of professional design and construction
administration services of the Consultant and is not assignable by the Consultant without
prior consent of the City in writing. The Consultant may employ other specialists to
perform special services as required with prior approval by the City. It. is understood by
the City that the Consultant shall retain the services of Subconsultant as identified in
Exhibit W.
12. NOTICE
All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified
Mail, addresses as follows:
To City: City Clerl�s Office
City of San Luis Obispo
990 Palm Street
San Luis Obispo; CA 93404 -8100
Attn: Pattiela Voges, CMC
To Consultant: Bruce Douglas Fraser, AIA
890 Osos Street, Suite B
San Luis Obispo, CA 93401
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
� I
Consultant Service Agreement
Page Eight
performance of this agreement no subcontractor or person having such an interest shall be
employed. Consultant certifies that no one who has or will have any financial interest
under this agreement is an officer or employee of City. It is expressly agreed that, in
the performance of the services hereunder, Consultant shall at all times be deemed an
independent contractor and not an agent or employee of City.
14. INDEMNITY
Consultant hereby agrees to indemnify and save harmless City, its officers, agents, and
employees of and from:
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;
e
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
Consultant Service Agreement
Page Nine
e. Any and all penalties imposed or damages sought on account of the violation of any law
or regulation or of any term or condition of any permit, when said violation of any law
or regulation or of any term or condition of any permit is due to negligence on the part
of the Consultant.
Consultant, at its own costs, expense, and risks, shall defend any and all suits,
actions, or other legal proceedings that may be brought against or for employees on any
such claim or demand of such third persons, or to enforce any such penalty; and pay and
satisfy any judgment or decree that may be rendered against City, its officers, agents,
or employees in any such suit, action or other legal proceeding, when same were due to
negligence of the Consultant.
15. WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the Labor Code of the: Sate 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.
4
16. INSURANCE
At the request of the City, Consultant shall provide proof of comprehensive general
liability insurance ($500,000) (including automobile) and professional liability insurance
($250,000) satisfactory to the City. City shall be an additional named insured.
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:
Consultant Service Agreement
Page Ten
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 agreement because
of the race, color, national origin, ancestry; religion or sex of such person.
If Consultant is found in violation of the nondiscrimination provisions of the California
a
Fair Employment Practices Act or similar provisions of federal law or executive order in
the performance of this agreement, it shall thereby by 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
Two - hundred -fifty Dollars ($250) 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.
Consultant Service Agreement
Page Eleven
21. AGREEMENT_ CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between City and Consultant
and supersedes all prior negotiations, representations, or agreements, either written or
oral. This document may be amended only by written instrument, signed by both City and
Consultant. All provisions of this agreement are expressly made conditions. This
agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first
above written.
Bruce Do glas F er, AIA
By
City if San L "s Obispo
MAYOR
ATTEST:
CITY TERK
wptenant
7 September 1989
Mr. Wayne Peterson
City Engineer
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA
Dear Wayne:
i
The Itectural
Arch
pffice of ,
P
Presented here is our proposal to provide professional services in
connection with lease improvements to the retail shell space to be
occupied by Rileys Department Store in the new Marsh Street Public Parking
project, as requested in your August 25 Request for Proposals. This
proposal is based on our original June 21 proposal for these services, as
revised on June 279 and again on July 17 in 'response to revisions in the
scope and, sequence of work.
All three members of the selection committee for this work are familiar
with our efforts in recent months relating to the project, so we will not
reiterate issues of the history -of this project or the assumptions
underlying its execution here. We would, however, like to make several
points relating to the value of our previous experience with the
development of the Rileys lease space:
- The concerns that led us to initially bring up the issue of the
subject lease space design were related to its integration with
the remainder of the parking strucure. We remain in the best
position to provide this integration because of our on -going role
in the parking strucure project.
- Some of the proposed work has already been done by our firm, in
anticipation of the Council's August 8 approval of staff's
proposed contract for these services. While this should not in
itself become an unfair advantage over our competitors, it does
mean that the start -up required by our firm would be minimal.
- We remain willing to work on an
upset amount, to limit the City's
requirements of the project.
hourly basis, against a maximum
expenses to the. actual
We continue to carry professional errors - and - omissions insurance .
in the amount of $250,000 and general liability insurance in the
amount of $1,000,000.
Street, CA g34g1
��IssObi$
890 0.
05) U, .0403
EXHIBIT A
/L
U O
9/7/89
Lease Improvement Proposal
Page 2
SCOPE OF CONSTRUCTION
The extent of the lease improvement construction we will be addressing is
as listed below. This is slightly modified from the scope of construction
described in our June 21, 1989, proposal, in that the Phase One work of
engineering the placment of embedded electrical and plumbing installations
in the tease space slab has been completed.
I. Install complete and functional heating, ventilating, and air
conditioning system.
2. Install complete and functional fire suppression sprinkler
system.
?. Install bathroom plumbing fixtures, water heater and bath
accessories.
4. Install permanent interior partitions and doors.
5. Install main electrical switchboard and any subpanels for the
space.
6. Install suspended acoustic tile ceiling system.
7. Install recessed ceiling lighting and fascia lighting, and
junction boxes for Rileys' display lighting fixtures.
8. Install complete and operable fire alarm system.
9. Install insulation and other noise attenuation devices to control
car noise in space.
SCOPE OF PROFESSIONAL SERVICES
In order to adequately address the scope of construction to be performed,
we propose to perform the following professional services.
A. DESIGN SERVICES
Task Al: Base Document Preparation
We will generate (and have, in fact, generated most of)
floor plan, ceiling plan, section and interior elevation
base drawings at a scale of '1/8 " =1' -0" for use during design
and construction document production.
9/7/89
Lease Space Improvements
Page 3
Task A2: Tenant Meetings
We will continue tc
review their space
Task A3: Schematic Design
meet with Rileys representatives to
planning requirements.
We will prepare a detailed design for lease improvements,
including a proposed beating, ventilating, and air
conditioning system, and an outline specification describing
proposed products to be used in the construction.
Task A4: Design Review
We will meet with both Rileys and City representatives to
review the detailed design.
Task A5: Cost Estimate
Incorporating revisions as suggested during design review,
we will prepare an estimate of probable construction cost
for the lease improvements, for the City's review in light
of lease agreement impacts and budgeting.
B. CONSTRUCTION DOCUMENT PRODUCTION SERVICES
Task B1: Design Revisions
Based on the input from tasks A4 and A5, we will revise the
design as ..required.
Task B2: Systema Engineering
We will coordinate the engineering of heating, ventilating,
air conditioning, plumbing, electrical, lighting, and alarm
systems by our engineering subconsultants.
Task B3: Construction Document Production
We will prepare working drawings As required to obtain a
building permit and an accurate bid for the lease
improvement work.
Task B4 Specification Production
We will write CSI format specifications; describing the
construction quality requirements of the work and the
specific products and manufacturers to be used.
Task B5: Permit Coordination
We will coordinate the submittal of working drawings,
specifications, calculations and compliance date for the
Building Division's plan checking and permit issuance.
2 _ i S?'
1
6/21/89
Lease Improvement Proposal
Page 4
C. BIDDING AND CONSTRUCTION ASSISTANCE SERVICES
Task Cl: Bid Document Assembly
We will work with City representatives in order to add
general conditions and related requirements to the
construction documents as required to create a complete bid
package for submittal to the contractor:
Task C2: Proposal Review
We will pet-form a detailed review of the contractor's
proposal for the lease improvement work, in order to
recommend action to the City.
Task C3: Clarifications During Construction
During construction, we will provide clarifications of the
construction documents as required to assist the contractor
with the completion of lease improvement work.
Task C4: Submittal Review
We will review the contractor's submittals and shop drawings
in order to recommend acceptance or rejection to City
representatives.
Task C5; Construction Observation
We will make periodic observations of the lease improvement
construction in order to confirm construction quality and
compliance with the approved construction documents.
Task C6: Close -out Documentation
We will prepare pre -final and final punch lists at the
completion of lease improvment construction, as well as
State required certifications.
PROJECT TEAM
In order to perform the services described above, we propose the
assignment of .a three - person team:
Project Manager and Specification Writer: Bruce D. Fraser, AIA
Project Designer and Technologist: Mark Wilwand, Architect
Production: John Patterson
�J 1A
6/21/89
Lease Improvement Proposal
Page 5
in addition to these members of our office, we proposed to retain the
services of two subconsultant engineers:
Mechanical /Plumbing Engineers: Brummel, Myrick and Associates
Electrical /Lighting Engineers: Thoma Electric Company
Both are San Luis. Obispo firms who have proven their ability to perform
City work on a "rush" basis by their performance in connection with the
Phase One (in -slab utilities) portion of the lease improvement work.
PROFESSIONAL FEES
As mentioned previously, a portion of the work on these lease improvements
has already been done, or will be done, within the scope of our design and
construction , assistance responsibilities for the parking project itself.
The fees proposed below are based on anticipated professional hours
required for the full scope of remaining lease improvement work.
A. DESIGN SERVICES
The Architectural Office of
Bruce Douglas Fraser, AIA:
3,100.00
TOTAL:
$31100.00
B. CONSTRUCTION DOCUMENT PRODUCTION
SERVICES
The Architectural Office of
Bruce Douglas Fraser, AIA:
5,990.00
Brummel, Myrick & Associates:
4,300.00
Thoma Electric Company:
3,750.00
TOTAL:
$14,040.00
C. BIDDING AND CONSTRUCTION ASSISTANCE SERVICES
The Architectural Office of
Bruce Douglas Fraser, AIA:
1,000.00
Brummel, Myrick & Associates:
500.00
Thoma Electric Company:
500.00
TOTAL:
$2,000.00
6/21/89
Lease Improvement Proposal
Page 6
TOTAL PROPOSED MAXIMTTM FEES:.
As mentioned previously, we propose to perform the
hourly billing plus reimbursable amounts for printing
exceed the total maximum fees listed above.
SCHEDULING OF WORK
$ 19,140.00
work on the basis of
and copying, not to
We have determined that the professional services in connection with this
lease improvement work need to be completed such that design approvals and
a construction permit can be obtained by mid - October. This is because the
contractor is likely to be building the portions of the structure that fix
mechanical spaces and duct chases by November 1. Any modifications to
this construction necessitated by lease space HVAC design must be
incorporated in step with the construction schedule to avoid slowing down
progress or retrofitting. This is a tight schedule, but one we can meet,
as we did in the case of the in -slab electrical and plumbing
installations.
Please feel free to call me or the subconsult t
answer any
opportunity
an engineers tf can
questions in connection with this proposal. 1 nk you
to propose these services.
for the
— 7/
PHASE TWO
PROFESSIONAL RATES
FULL LEASE IMPROVMENETS
Effective as of July 1, 1989:
The Architectural Office of
Bruce Douglas Fraser, AIA
Bruce Fraser:
50.00
per
hour
Frank Seiple:
45.00
per
hour
Andy Kavelaars:
30.00
per
hour
Mark Wilwand:
30.00
per
hour
Louisa gluver:
22.50
per
hour
John Patterson:
22.50
per
hour
Brummel, Myrick & Associates
Principals:
75.00
per
hour
Engineers:
50.00
per
hour
Drafters, Typists:
25.00
per
hour
Thoma Electric Company
Principal:
65.00
per
hour
Engineers:
40.00
per
hour
Drafters, Typists:
25.00
per
hour
Exhibit "A"
7 P- e...i�
RESOLUTION NO. 6698 (1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE
ROBERTI- Z'BERG- HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM
FOR A THERAPEUTIC POOL AND SOLAR HEATING ADDITIONS AT
SLO SWIM CENTER IN SINSHEIMER PARK
WHEREAS, the Legislature of the State of California has enacted the
Roberti - Z'bert- Harris Urban Open Space and Recreation Program, which
provides funds to certain political subdivisions of the State of
California for acquiring lands and for developing facilities to meet urban
recreation needs; and
WHEREAS, the State Department of Parks and Recreation has been
delegated the responsibility for the administration of the program,
setting up necessary procedures governing applications by local agencies
under the program; and
WHEREAS, said procedures established by the State Department of Parks
and Recreation require the applicant to certify by resolution the approval
of applications prior to submission of said applications to the State; and
WHEREAS, said applications contain a certification that the applicant
will comply with all federal, state, and local environmental, public
health, relocation, affirmative action, and clearinghouse requirements and
all other appropriate codes, laws, and regulations prior to the
expenditure of the grant funds; and
WHEREAS, the project(s) applied for under this program must be of a
high priority and satisfy the most urgent park and recreation needs, with
emphasis on unmet needs in the most heavily populated areas;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Luis Obispo hereby:
1. Approves the filing of an application for funding under the
Roberti- Z'berg- Harris Urban Open Space and Recreation Program; and,
2. Certifies that said agency understands the general provisions of the
agreement; and,
3. Certifies that said agency has or will have sufficient funds to
operate and maintain the project(s) funded under this program; and,
4. Certifies that said agency has or will have available, prior to
commencement of any work on the project(s) included in this application,
the required match; and,
R 6698
Resolution No. 6698 (1989 Series) r Page 2
5. Certifies that the project(s) included in this application conform to
the recreation element of any applicable city or county general plan; and,
6. Appoints the Director of Parks and Recreation as agent of the City of
San Luis Obispo to conduct all negotiations and execute and submit all
documents including, but not limited to, applications, agreements,
amendments, payment requests, and so on that may be necessary for the
completion of the aforementioned project(s); and,
7. Appoints the City Attorney as legal counsel for said agency with
authorization to sign the certification on Pages 1 and 2 of the
application.
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 3rd day of
October 1989. -EUMWW-M%
on Dunin, Mayor
ATTEST: I
oges, City C
APPROVED:
�ILCity Adminirr strative Officer
3 04
7t/'�
'� V
V �1�
RESOLUTION NO. 6697 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENTS
TO BICYCLE AND PEDESTRIAN TRAILS IN SINSHEIMER PARK,
AUTHORIZING STAFF TO ADVERTISE FOR BIDS AND
AUTHORIZING CAD TO AWARD CONTRACT TO SUCCESSFUL BIDDER
WHEREAS, the City of San Luis Obispo is desirous of upgrading the
bicycle and pedestrian trails within Sinsheimer Park; and
WHEREAS, funds for this project are available from State Grant
sources and the 1987 -89 Capital Replacement Program;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby approves
the plans and Specifications for City Plan No. N07Y, "Trail Improvements,
Sinsheimer Park ", directs staff to advertise for bids and authorizes the
CAD to award the contract to the low bidder if bids are below or equal to
the Engineer's estimate.
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 3rd day of
October 1989.
7on Dunin, ayor
ATTESrT - �
Pamela Voges, City Clerk J
APPROVED:
�Nn t . n (% n ilk /) -_ ,
rof,-/City Administrate Officer
R 6697
J �,��
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RES0=0N NO, 6696 (1989 SERIES)
•�a•. • • • � i w er � • r i w •
FWL N24-
SEAS, on April 5, 1989 the City Council passed resolution
number 6603 implementing the percentage reduction with seasonal
allotment programs; and
MIEREM, the City has determined that section one of. resolution.
number 6603 requires a program modification.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San
leis Obispo as follows:
1. Paragraph 3, Section 1 of Resolution 6603 is deleted. The
following is added in its place: Effective with all billing cycles
beginning October 1, 1989, a) the City will establish a lifeline
allocation of 21 units per bi- monthly billing period for any single
family residential meter within the City service area; b) the City will
establish a maximLm target water allocation of 40 units per billing
period for any single family residential meter within the City service
area.
On motion of Councilwoman Rappa. , Seconded by Councilman -R ;GG ,
and on the following roll call vote:
AYES: Councilmembers Rappa, Reiss, Pinard and rl yor Dunin
NOES: Councilmember Settle
ABSEPFr: None
the foregoing Resolution was passed and adopted this 26th day of
September 1989,
,. a ...
V
CI'T'Y lci2kk PAIIEMADOGES
rIAoA
Resolution No. 6696 (1989 �'•ies)
Page Two -
APPROVED:
City A //ministrative Officer
City A "or
Finance Director
Utilities Director
ater Division Manager
RESOLUTION NO. 6695
(1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE.FINAL MAP FOR
TRACP NO. 1359 (Eastfork Ltd., Subdivider)
WHEREAS, the City Council made certain findings concerning Tract
No.1359 as contained in Resolution No. 6583 (1989 Series), and,
WHEREAS, all conditions required for Tract No. 1359 have been met
or bonded for and /or are conditions of impending building permits,
NOW THEREFORE BE IT RESOLVED that final map for Tract No. 1359 is
hereby approved.
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 19th day
of September , 1989.
ATTEST:
— JL
CIT CLERK PP" VOGES
MAYOR RON DUNIN
R 6695
Resolution No. 6695 11989 Series)
APPROVED:
ity A nistra ive Officer
City Attorn
-City Engineer
Community Development Director
N /2jktl359
Id
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RES..:,UTION NO. 6694 (1989 '. __AIES)
RESOLUTION OF Ye COUNCIL OF Yi CIIY OF •: ••
TO APPRMM IM APPEAL OF DONALD e :IM•r •a R e NG `IHE TREE
••: r= TO IM0VAL OF • MONTEREY
PINE TREES y. a o' Y HiGuERA sTREFU, M I I Am el • H
SPACR#87
WHEREAS, the Tree Committee has approved the request of Chumash
Village to remove two Monterey Pine trees at 3057 South Higuera,
Chumash Village, Space #87, and
WHEREAS, Donald Berry of 3057 Higuera Street has appealed the
decision to remove these trees, and
WHEREAS, the City Council has considered the appeal at a public
meeting.
NOW THEREFORE BE IT RESOLVED that the appeal of Donald Berry
for removal of two Monterey Pine trees is approved.
On motion of. Councilwoman Pinard , seconded by
Councilman Settle and on the following roll call vote:'
AYES: Councilmembers Pinard, Settle, Rappa, Reiss and Mayor. Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this igrh
day of September 1989.
n
MAYOR RON DUNIN
I
6694
Resolution No. 6694 (1989 Series)
APPROVED:
:) �- v LQ4&-j
-F �ity Administrative Officer
---z rLLC�a -
City Attoroy
Public Works Director
deny /dfr #18
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RESOLUTION NO
�J
6692 '(1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION
DENYING A USE PERMIT FOR A FRATERNITY AT 720 726 FOOTHILL BOULEVARD
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 use permit
request U 1449B, and the Planning Commission's action denying that use permit, staff
recommendations and reports thereon, makes the following findings:
The proposed use will adversely affect the health, safety, or welfare of persons
living or working on the site or in the vicinity.
2. The use is not appropriate at the proposed location and will not be compatible with
surrounding development.
SECTION 2. The request for approval of the appeal and use permit request U 1449B is
hereby denied.
On motion of Councilwoman Rappa
and on the following roll call vote:
seconded by Councilwoman Pinard
AYES: Councilmembers Rappa, Pinard, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 19 day of September
1989.
.wry'
yor Ron Dunin
ATTEST:
City Jerk Pam V es
R 6692
Resolution No. 6692 (1989 Series)
U 1449B
Page 2
APPROVED:
it \dministrative Officer
City Attorne
Community Development Director
JL7sres 1449
k-
N
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL DENYING AN APPEAL
OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION CONDITIONALLY APPROVING
TI4E REMOVAL OF A U.S. POSTAL KIOSK AT 773 FOOTHILL BOULEVARD (ARC 89 -59)
WHEREAS, the Architectural Review Commission (ARC) and the City Council have held
public hearings on this request for removal of a U.S. Postal. Service kiosk, in accordance
with Chapter 2.48_ of the San Luis Obispo Municipal Code; and
WHEREAS, this commission's action to approve the kiosk's removal subject to the
condition that an equivalent public postal facility be provided elsewhere on the site has
been appealed by the property owner; and
WHEREAS, the City Council has considered the appeal and supporting information,
the staff report, commission minutes, appellant and public testimony, and project plans;
WHEREAS, the City Council has determined that the U.S. Postal Kiosk is
appropriately located within the Foothill Plaza Shopping Center, and that it poses
no public health or safety problems and should be repaired and maintained in its current
location.
NOW, THEREFORE, the Council of the City of San Luis Obispo resolves to deny the a
appeal and amend the Architectural Review Commission's action on May 15, 1989, to
require that the postal kiosk be maintained and repaired in its current location (ARC
89 -59), based on the following findings and condition:
Findings
1. The postal kiosk is a significant public amenity, and provides an essential
service to residents in the north half of the City.
2. The proposed kiosk removal is inconsistent with City policies encouraging
neighborhood shopping centers to provide convenient stores and facilities serving.
nearby residents.
3. The proposed kiosk removal will adversely affect the welfare of persons working,
shopping at the site or living in the vicinity unless equivalent postal facilities
are provided.
R 601
6691
Resolution No. (1989 Series)
Page 2
4. The postal facility is appropriately located, and poses no public health or safety
concerns in its present location.
Condition
Property owner shall allow the kiosk to remain its present location.
On motion of Councilwoman Rappa , seconded by
Mayor Dunin_ , and on the following roll call vote:
AYES: Councilmember- Rappa, Mayor Dunin, Councilmembers Pinard, Reiss and Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this .19thday of Septembef§89.
Mayor Ron Dunin
ST:
I
Ci y Clerk Pam ges
APPROVED:
iO
r67L-, City Administrative Officer
City Attorne
JC z
Community Development Director
jh2/cc8959
C
0
RESOLUTION NO. 6690(1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO SETTING COMPENSATION
FOR THE CITY ATTORNEY
WHEREAS, the City Council establishes the salary range for among other
Positions, the City Attorney in the Managerial Compensation Plan for
Appointed Officials and Certain Management Personnel (Resolution No.
6604 - 1989 Series; and
WHEREAS, the City Council has-evaluated compensation factors for the
City Attorney under Section 2 of the Management Compensation Plan for
Appointed Officials and Certain Management Personnel (Resolution No.
6604 - 1989 Series); and
WHEREAS, by Resolution No. 6604 (1989 Series), the City Council
established compensation for City Attorney.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City ofSan Luis
Obispo as follows:
SECTION 1. Effective November 10, 1989, the City Attorney salary
shall be $5625.00 per month.
SECTION 2. All other compensation and benefits afforded the City
Attorney under the Managerial Compensation Plan (Resolution
No. 6604 - 1989 Series), and the City Attorney Employment Agreement not
superseded by the above, shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance
of the City Attorney at the mid -year review.
R 6690
Resolution No. 6690 (1989 Series)
Page 2
On motion of Councilmember Settle seconded by Councilmember Rapp.i
and on the following roll call vote:
AYES: Courcilmembers Settle, Rappa, Pinard, Reiss, and Mayor Duniii
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 19th day of
September 1989.
ATTES
PAM:VAGES, CITY CLNK /
APPROVED:
rtQUITY ADMINISTRATIVE OFFICER
t
MAYOR RON DUNIA'
PERSONNEL DIRECTOR
Ci'-;_ eft :. •..
'!
Resolution No. 6689 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO SETTING FORTH THE AGREEMENT
BETWEEN THE COUNCIL AND JEFF JORGENSEN,
CITY ATTORNEY, REGARDING COMPENSATION
AND RELATED MATTERS
WHEREAS, Charter Section 701 provides that the Council is responsible
for the appointment and.removal of the City Attorney; and
WHEREAS, the Council has conducted an extensive search for a City
tAttorney and desires to appoint the best qualified candidate to the
position; and
WHEREAS, the Council is committed to developing and promoting an
effective and professional Management Team., including the City Attorney;
and
WHEREAS, the Council by- resolution has established a Managerial
Compensation Plan for Appointed Officials and Certain Management Personnel
including the City Attorney; and,
WHEREAS, the Council has evaluated the relevant compensation factors
for the City Attorney; and
WHEREAS, the Council desires to adjust the compensation of the City
Attorney commensurate with the level of performance and consistent with
the goals and purposes of the Appointed Officials Policies and Procedures;
and
WHEREAS, the Council desires to address -other matters relating to the
terms and conditions of employment for the City Attorney;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
i
R 6689
i
Resolution No. 6689 (1989 Series)
Page 2
SECTION 1:. Employment Terms and Conditions
In consideration of Mr. Jorgensen's acceptance of the above
confirmation of employment, this Council adopts the following employment
terms and conditions:
A. Effective Date.
November 10, 1989, is hereby designated as the date of
commencement of Mr. Jorgensen's duties to serve directly for and at the
pleasure of the City Council.
B. Termination and Severance Pay.
In the event Mr. Jorgensen's employment is terminated by the
Council during such time that he is willing and able to perform the duties
of City Attorney the City agrees to pay him a lump sum cash payment equal
to three (3) months compensation (salary and all appointed officials
fringe benefits). Should Mr. Jorgensen obtain employment during the
three -month period following termination; he shall reimburse City
proportionately. In the event that he is terminated for good cause then
the City shall have no obligation to pay the lump sum severance payment
mentioned,above. In the event Mr. Jorgensen voluntarily resigns his
position with the City, he shall give the Council at least one (1) month
advance written notice.
C. Compensation.
Mr..Jorgensen's salary shall be established by Council
resolution. This.salary may be adjusted by appropriate action of the
Council at any time in accordance with Section 1 of the Managerial
C
Resolution Ago. 6689 (1989 Series)
Page 3
Compensation Plan for Appointed Officials and Certain Management
Personnel.
All other compensation and benefits afforded under the Managerial
Compensation Plan shall be in full force and effect.
D. Outside Employment, Conduct and Behavior.
(i) Mr. Jorgensen may engage in outside activities such as
part -time teaching, consulting, or in other similar activities unrelated
to City business, only with the express prior approval of the Council.
(ii) Mr. Jorgensen shall comply with all local and state
requirements regarding conflicts -of- interest and shall avoid personal
involvement in situations which are inconsistent or incompatible with the
position of City Attorney or give rise to the appearance of impropriety.
E. Professional Development.
City shall provide funds for certain items, activities and
materials deemed necessary and desirable for Mr. Jorgensen's continued
professional development, participation, growth and advancement, and
therefore, for the good of the City. Those items, activities and
materials shall include:
(i) Professional dues and subscriptions necessary for full
participation in appropriate and relevant associations and organizations.
(ii) Travel and subsistence expenses for professional meetings and
similar functions (e.g., short courses, institutes, seminars) to foster
professional development.
(iii) Others, as shall be agreed upon from time to time between Mr.
Jorgensen and City.
Resolution No. 6689 (1989 Series)
Page 4
F. Other terms and Conditions of Employment.
The Council shall set any such other terms and conditions of
employment as it may determine from time to time, relating to the
performance of Mr. Jorgensen, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this resolution,
the City Charter or any other law.
G. General Provisions.
It is the intent of the Council that this agreement and the
appointment of Mr. Jorgensen as City Attorney be in accordance with the
requirements and provisions of the Charter. Wherever possible the
provisions of this resolution shall be construed in a manner consistent
with the Charter. If any provision of this resolution conflicts with the
Charter, the Charter shall control. An invalid provision of this
resolution is severable and shall not affect any other provision.
On motion of Councilman Settle , seconded by Councilmember Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and Mayor Dunin
NOES: None
ABSENT: Nine
The foregoing Resolution was passed and s-iopted this 19th day of September, 1989.
ATTEST:
- P.,' �- )" , -
P m Voges, Ci Clerk
Mayor Ron Dunin
ACCEPTED: September 13,1989
No
v
Resolution No. 6689 (1989 Series)
Page 5
APPROVED:
. QCA
,r j�Dity ; nistrati Officer
Fin ce D' ctor
la A Xlb -
Personnel Director
1 ✓
1
RESOLUTION NO. 6688 (1989 Seriez;-,)
RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AN AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SAN LUIS OBISPO
AND JEFFREY G. JORGENSEN
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 Jeffrey G. Jorgensen is hereby approved and the City
Administrative Officer is authorized to execute the same.
On motion of Councilman Settle seconded by Councilmember Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss, and ilayor Dunin
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 19th day of
September 1989.
MAYOR RON DUNIN
ATT T: U
CITY CLERK PAM V S
APPROVED:
rd CityA inistr at i Officer
City
Fincgde- Dir/ectto�r
oj�w p
Personnel Director
R 6688
U
LEGAL SERVICES AGREEMENT
C
1. IDENTIFICATION OF PARTIES. This Agreement, executed in duplicate
with each party receiving an executed original, is made between JEFFREY G.
JORGENSEN, Attorney at Law (hereinafter referred to as "Law Firm ") and
CITY OF SAN LUIS OBISPO (hereinafter referred to as "Client ").
THIS AGREEMENT is required by Business and Professions.Code Section
6148 and is intended to fulfill the requirements of that section.
2. LEGAL SERVICES TO BE.PROVIDED. The legal services to be provided
by Law Firm to Client are as follows:
A. Furnishing of legal advice, preparation of legal documents
and generally performing legal office work. In addition, Law Firm
shall attend, as needed and instructed, City Council meetings and any
other meetings, as requested by City Administrative Officer or Acting
City Attorney.
B. Representing City in civil litigation involving City as party
plaintiff or party defendant, but only upon direction of the Acting
City Attorney.
C. Acting as city prosecutor as directed by the Acting City
Attorney.
3. RESPONSIBILITIES OF LAW FIRM AND CLIENT. Law Firm will perform
the legal services called for under this Agreement, keep Client informed
of progress and developments, and respond promptly to Clients' inquiries
and communications. Client will be cooperative with Law Firm, keep Law
Firm reasonably informed of developments and provide necessary information
and staff coordination and timely make any payments required by this
Agreement.
4. ATTORNEY'S FEES. Clients will pay Law Firm according to Law.
Firm's regular rates for the legal services provided under this
Agreement. Law Firm's current hourly rates are as follows:
Jeffrey Jorgensen
Other Attorneys
$110 per hour
($120 per hour for litigation)
same as for Jeffrey Jorgensen
unless a lesser rate is agreed
upon by the parties
Law Firm will charge in increments of one tenth of an hour, rounded off
for each particular activity to the nearest one tenth of an hour. The
minimum time charged for any particular activity will be one tenth of an
hour.
Law Firm will charge for all activities undertaken in providing legal
services to Client under this Agreement, including, but not limited to,
the following: conferences, court sessions, 'council or other meetings,
and depositions (preparation and participation); correspondence and legal
documents (review and preparation); legal research; and telephone
conversations.
If, while this agreement is in effect, Law Firm increases the hourly
rates being charged to Client generally for attorney's fees, that increase
may be applied to fees incurred under this Agreement, but only with
respect to services provided thirty (30) days or-more after written notice
of the increase.is mailed to Client. If Client chooses not to consent to
the increased rates, Client may terminate Law Firm's services under this
agreement by written notice effective when received by Law Firm, provided
Client execute and return a substitution-of-attorney form immediately on
its receipt from Law Firm if Law Firm is Client's attorney of. record in
any proceeding. Client acknowledges that Law Firm has made no promises
about the total amount of attorney's fees to be incurred by Client under
this Agreement.
S. COSTS. Client will pay all "costs" in connection with Law Firm's
representation of Client under this Agreement. Costs will be advanced by
Law Firm and then billed to Client unless the costs can be met out of
client deposits that are applicable toward costs. Costs include+ but are
not limited to, court filing fees, deposition costs, expert fees and
expenses, investigation Costs, long- distance telephone charges, messenger
service fees, photocopying expenses, fax copies, and process server fees.
6. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly
statements indicating attorney's fees and costs incurred and their basis,
any amounts applied from the deposit, and any current balance owed. If no
attorney's fees or costs are incurred for a particular month, or if they
are minimal, the statement may be held and combined with that for the
following month. Any balance will be paid in full within thirty (30) days
after the statement is mailed.
7. EFFECTIVE DATE OF AGREEMENT.. The effective date of this
Agreement will be September 19, 1989.
8. AMENDMENTS. The parties agree to consider any necessary and
desirable amendments to this Agreement which best implement the_
contractual relationship created herein.
9. ENFORCEMENT OF AGREEMENT. If any legal action is necessary to
enforce the provisions of this Agreement, the prevailing party shall be
entitled to costs, including reasonable attorney's fees.
The foregoing is agreed to by:
Client:
City of San Luis Obispo
BY: b &"- -J
John Dunn
Law Firm:
Jeffrey G. Jorgensen
rey G. rg sen, Esq.
Dated: 13 M
RESOLUTION NO. 6687(1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY CLERK
WHEREAS, the City Council establishes the salary range for among other
positions, the City Clerk in the Managerial Compensation Plan for Appointed
Officials Compensation Plan (Resolution No. 6604 - 1989 Series); and
WHEREAS, the City Council has evaluated compensation factors for the
City Clerk under Section 5 of the Appointed Officials Compensation Plan
(Resolution No. 6604 - 1989 Series); and
WHEREAS, by Resolution No. 6521 - 1988 Series, the City Council
established compensation for City Clerk Pamela Voges;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective April 1, 1989, the City Clerk's salary shall
increase from $3,724 per month to $4,050 per month.
SECTION 2. The City Council grants a one -time Performance Award of $750
to the City Clerk for sustained outstanding performance.
SECTION 3. All other compensation and benefits afforded the City Clerk
under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989
Series), and the City Clerk Employment Agreement (Resolution No. 6172 - 1987
Series), not superseded.by the above, shall remain in full force and effect.
SECTION 4. The City Council shall evaluate the performance of the City
Clerk at the mid -year review.
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
R 6687
i
Resolution No.6687(1989 Series)
Page 2
The foregoing Resolution was passed and adopted this 19 day
of September 1989.
OR RON DUNIN
ATTEST:
Q� u
CITY LERK PAM VOG
APPROVED:
City A inistrative Officer
City
Finance Director
Personnel Director
1 j
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C
RESOLUTION NO. 6686 (1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ESTABLISHING COMPENSATION
FOR THE CITY ADMINISTRATIVE OFFICER
WHEREAS, the City Council establishes the salary range for, among other
positions, the City Administrative Officer in the Managerial Compensation
Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): and
WHEREAS, by Resolution No. 6198 (1987 Series), the City Council
appointed John Dunn as City Administrative Officer, and
WHEREAS, the City Council has evaluated compensation factors for the
City Administrative Officer under Section 5 of the Managerial Compensation
Plan and the Appointed Officials Process Plan for Appointed Officials
(Resolution No. 6604 - 1989 Series);
WHEREAS, by Resolution No. 6519 - 1988 Series, the City Council
established compensation for City Administrative Officer John Dunn.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective April 1, 1989, the City Administrative Officer's
salary shall increase from $5;gpg' per month to $6;400 per month.
SECTION 2. All other compensation and benefits afforded the City
Administrative Officer under the Appointed Officials Compensation Plan
(Resolution No. 6604 - 1989;Series), and the City Administrative Officer
Employment Agreement (Resolution No. 6198 - 1987 Series) not superseded by
the above shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City
Administrative Officer at the mid -year review.
D i e n I
�, J1
Resolution No. 66861989 Series)
Page 2
On motion of Councilman Settle , seconded by Councilwoman Rappaand 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 191h day
Of S'entember
1989.
MAYOR RON DUNIN
ATTES
CITYkCLERK PAM
APPROVED: V
City A ninistrative Officer
aL(,( P&4'
Personnel Director
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C.
RESOLUTION NO. 6685 (1989 _Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING THE ADDITION OF ONE
CLERICAL POSITION TO THE CITY ADMINISTRATOR'S
OFFICE AND A SALARY AND BENEFIT BUDGET ADJUSTMENT
WHEREAS, the clerical workload in the City Administrator's, City Clerk's and Council's
offices have increased over the past several years; and
WHEREAS, activities of the Mayor and City Council can be better coordinated by
reassigning clerical staff to the City Clerk's office; and
WHEREAS, the reorganization of the City Administrator's office requires clerical support
for the Assistant City Administrative Officer, two Administrative Analysts, Transit
Manager and the Technical Services Coordinator; and
WHEREAS, the City of San Luis Obispo will be better served by the reorganization and
staffing increase; and
WHEREAS, the General Fund has sufficient reserves !n cover a budget adjustment.
NOW THEREFORE, be it resolved that the City Council
Authorizes the reorganization of the City Administrator's and City Clerk's office
including adding one clerical position (Secretary II).
2. Authorizes a FY1989 -90 budget adjustment of $29,280 for salary and benefit cost of
one Secretary II position.
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 19th day of September
APPROVED:
ity Adm nistrative Officer
v26 -(22)
vayor Ron Dunlr
R 6685
RESOLUTION NO. 6685 (1989 Series) (Coat.)
Clerical Staffing - Page 2
City Attorn
uwtjh" &
Personnel Director
leT Finance Director
v26 -(22)
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RESOLUTION NO. <_6684 (1989,- S ekies)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO CONFIRMING THE APPOINTMENT OF
KENNETH C. HAMPIAN TO THE POSITION OF ASSISTANT
CITY ADMINISTRATIVE OFFICER
WHEREAS, the City Council created the position of Assistant City Administrative
Officer effective July 1,1982; and
WHEREAS, the position was vacated in June, 1989; and
WHEREAS, after an extensive recruitment the City Administrative Officer has
recommended to Council that Kenneth C. Hampian be appointed to the position; and
WHEREAS the City Administrative Officer is requesting confirmation of the
appointment by City Council.
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo
that the City Council hereby confirms the appointment of Kenneth C. Hampian as
Assistant City Administrative Officer effective October 16, 1989.
On motion of Councilman Settle seconded by Councilwoman Rappa
and on the following roll call vote:
Ayes: Councilmembers Settle, Rappa, Finard, Reiss and Mayor Dunin
Noes: None
Absent: None
the foregoing resolution was passed and adopted this
ATTEST:
IL A,�'�
City Clerk Pam Vogies
APPROVED:
City A ministrative Officer
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City Attor e
v26 -(22)
19th day of September
R 6684`
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R 6684`
RESOLUTION NO. 6684 (1989 Series) (Cont.)
Assistant City Administrative Officer Appointment - Page 2
Personnel Director
v26 -(2.2)
tv4,L,
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RESOLUTION NO. 6683 (1989 SERIES)
A. RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GIVING NOTICE OF INTENT TO APPROVE AN AMEND-
MENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRA-
TION OF THE.PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY OF SAN LUIS OBISPO,
WHEREAS, the Public Employees' Retirement Law permits the
participation of the public agencies and their employees in the
Public Employees' Retirement System by the execution of a contract,
and sets forth the procedure by which said public agencies may elect
to subject themselves and their employees to amendments to said Law;
and
WHEREAS, one of the steps in the procedure to amend this contract
is the adoption by the governing body of the public agency of a
resolution giving notice of its intention to approve an amendment to
said contract, which resolution shall contain a summary 'of the change
proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21382.4 (Third Level of. 1959
Survivor Benefits) for local miscellaneous members
And local safety members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the
above agency does hereby give notice of intention to approve an
amendment to the contract between the said governing body and the
Board of Administration of the Public Employees' Retirement. System, a
copy of said amendment being attached hereto; as an "Exhibit" and by
this reference made a part. hereof.
R 6683
o
Resolution No. 6683 (1989 Series)
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 19th day of
__. '.September , 1989,
ON DUNIN
ATTEST:
%w.
CITY LERK PAM OGES
* * * * * * * * * *
APPROVED:
c
City A inistrative Officer John Dunn
City Attor a Vicki Finucane
oaa'c �h C'&
Personnel Director Ann McPike
Resolution No. 6682 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO EXECUTE LOAN DOCUMENTS
RELATING TO THE CHUMASH MOBILEHOME PARK CONDOMINIUM CONVERSION
WHEREAS, the City Council granted conceptual approval on June 20, 1989
to two financial assistance programs designed to allow 11 households to purchase
their spaces in Chumash Village Mobilehome Park; and
WHEREAS, four tenants are eligible for State loans, but require additional
assistance from the City; and
WHEREAS, the remaining seven tenants are ineligible for State assistance and
conventional loans, but could obtain loans from the Housing Authority if the City
guarantees these loans.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1. The City Administrative Officer is authorized to execute
loan documents in conjunction with the State loan program for four low- income
tenants for the purchase of their mobilehome park spaces.
SECTION 2. The City Administrative Officer is authorized to sign an
agreement with the Housing Authority securing loans for seven "hardship"
tenants for the purchase of their mobilehome park spaces.
R 6682
Resolution No. 6682 (1989 Series)
Page 2
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
ABSENTi None
the foregoing resolution was passed and adopted this
September , 1989.
ATTE T:
City CI r c Pam voge
19th
I
yor Ron Dunin
day of
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RESO=CN NO. 6681 (1989 SERIES)
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WHEREAS, the City Capital Improvement Plan for FY 1987 -89 includes
a contract to replace the deteriorated screens-for the driving range at
the Golf Course; and
WHEREAS, the City approved plans and specifications for Laguna Lake
Golf Course Driving Range, City Plan No. N -45Y; and
WHEREAS, Serene Construction submitted the low bid of $36,441.00.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The award of a contract to Serene Construction in the
amount of $36,441.00 for the construction of Laguna Lake Golf Course
Driving Range, City Plan No. N -45Y is approved.
SECTION 2. The Mayor is authorized to sign contract documents.
SECTION 3. The City Clerk shall furnish copies of this resolution
to the Director of Public Works and Finance Departments.
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
Resolution ko.6681(1989 series)
Page Two
The foregoing Resolution was passed and adopted this 19th day of
September 1989.
ATTRST-
APPROVED:
g:N45Y -res
* * * i
City Attorney
Public Works Director
'o
Project Manager
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RESOLUTION NO.6680 (1989 Series)
A RESOLUTION OF THE COUNCIL.OF THE CITY OF SAN LUIS OBISPO
APPROVING PLANS•AND'SPECIFICATIONS,
AUTHORIZING STAFF TO ADVERTISE FOR BIDS
AND.AUTHORIZING CAO TO AWARD CONTRACT TO SUCCESSFUL BIDDER
WHEREAS, funds for the improvement of Old Garden Creek are available
through the Zone 9 allocations;' and
WHEREAS, the project has received a Negative Declaration status from the.
Community Development Department and is therefore exempt from an EIR, and is
not of sensitive or exceptional community interest;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby approves the
Plans and Specifications for City Plan No. J -14H, "Creek Improvement Project:
Old Garden Creek - Center Street to 250' Southerly "; directs staff to advertise
for bids; and authorizes the CAO to award the contract to the low bidder if
bids are below the .Engineer's Estimate
On motion of Councilman Settle seconded by Mayor Dunin
and on the following roll call vote:
AYES: Councilmember Settle, Mayor Dunid, and Coiincilmembers.Rappa and Reiss
NOES: Council_m_ember Pinird
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of
September , 1989.
ATTES
CITY CL RK PAM VOG
APPROVED_____.
ty A inistrative ffficer
City Attarryey
Public Yorks Director
bof2 /j14h -sr
u
v MAYOR RON DUNIN
0
RESOLUTION NO. 6679 (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO
APPROVING A PROJECT TO CONSTRUCT
A WATER TANK AT THE GOLF COURSE
WHEREAS, the City Capital Improvement Plan for FY 1989 -90 includes a
project to construct a water storage tank at the Golf Course in order to
use well water for irrigation; and
WHEREAS, the City has prepared Plans and Specifications for Golf
Course Water Storage Tank City Plan No. N -56L; and
WHEREAS, the Engineer' estimate without contingencies is $90,000:
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Plans and Specifications are approved for Golf Course.
Water Storage Tank, City Plan No. N -56L.
SECTION 2. Staff is Authorized to advertise for bids.
SECTION 3. The City Administrative Officer is Authorized to award a
contract if the low bid is less than the Engineer's Estimate of $90,000
SECTION 4. The City Clerk shall furnish a copy of this resolution to
the Director of the Public Works and Finance Departments.
On motion of Mayor Dunin , seconded by Councilman Reiss
and of the following roll call vote:
AYES: Mayor Dunin and Councilmembers Reiss, Rappa and Settle
NOES: Councilmember Pinard
ABSENT: None
titim7 o
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Resolution No. 6671989 Series)
Page Two
The foregoing Resolution was passed and adopted this 5th day of
September 1989.
M4Y4 DUNIN
ATTES
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CITY qERK PAM VO S
APPROVED:
q roject Manager
g:N56L -res
City Attorne
Public Works Director
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RESOLUTION NO.6678(1989 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ESTABLISHING
ENVIRONMENTAL MONITORING POLICIES AND PROCEDURES
WHEREAS, on September 5, 1989, the City Council held a public hearing and considered
Planning Commission and Architectural Review Commission comments and public testimony on
the proposed monitoring program; and
WHEREAS, the City of San Luis Obispo has adopted Environmental Guidelines (Resolution No.
5302, 1984 Series) to implement the California Environmental Quality Act, and to assist
developers, staff, commissioners and citizens in reviewing and understanding a proposed
project's environmental effects prior to approval; and
WHEREAS, the California State Legislature has enacted, and the Governor has signed into
law, Assembly Bill 3180 (Section 21081.6, Public Resources Code) requiring local agencies
to adopt monitoring or reporting programs to ensure compliance with environmental
mitigation measures during project implementation; and
WHEREAS, the City has established environmental monitoring policies and procedures to
implement the requirements of AB 3180, as described in the attached Exhibit "A "; and
WHEREAS, the proposed program has been evaluated in accordance with the California
Environmental Quality Act and the City's Environmental Guidelines, and has been
determined to be Categorically Exempt (CEQA, Section 15308); and
WHEREAS, the proposed program promotes the public health, safety, and general welfare;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City's Environmental Guidelines are hereby amended to include the
environmental monitoring program noted in Exhibit "A ", attached.
SECTION 2. The Community Development Director shall be responsible for implementing
said program, with support from other City Departments as necessary and
appropriate, and guided by the following administrative procedures:
A. The Director may amend the environmental monitoring program as necessary to
meet the intent of AB 3180, and may establish applicant or property owner
fees to cover actual costs of environmental�'`monitoring and reporting.
Substantive changes to the program, as determined by the Director, shall be
reviewed by the Architectural Review and Planning Commissions and
considered by the City Council.
B. Environmental monitoring programs shall be considered by the appropriate
decision - making body prior to final city action. Monitoring programs are
intended to allow greater public access to environmental decision- making,
and approved monitoring programs and subsequent documentation shall be
available for public review during regular business hours.
6678
Resolution No. 667$(1989 Series)
Page 2
C. Once approved, environmental monitoring requirements shall be enforceable
by the Community Development Director. Failure to comply with the
requirements shall be cause for review and possible revocation of land use
entitlements, forfeiture of performance bonds or guarantees, fines, civil
action, or other penalties allowed by California law.
D. Appeals of Director decisions and interpretations shall be appealable to
the decision - making body. Appeals must be filed with the Community
Development Director for Planning Commission or Architectural Review
Commission hearing; and with the City Clerk for hearing by the City Council
SECTION 3. After review and consideration, the City Council hereby upholds the
Community Development Director's determination that the proposed program is
categorically exempt (CEQA Section 15308).
SECTION 4. This resolution shall be published once in full, in the Telegram - Tribune, a
locally published and circulated newspaper, within 10 days of City Council
action.
On motion of Councilman Settle ,seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard and Reiss
NOES: Mayor Dunin
ABSENT: None
The foregoing resolution was passed and adopted this 5th day of September
1989.
MAYOR RON DUNIN
ATTES • r '
V
Pam V ges, City Cle
Vicki Finuc e, Acting City Attorney
John nn, City Administrative Officer
i?dli
Randall S. Rossi, Interim Community Development Director
EXHIBIT A
CITY OF SAN LUIS OBISPO
ENVIRONMENTAL MONITORING PROGRAM
I. OVERVIEW
A. Background. These.policies and procedures are intended to meet the
requirements of AB 3180, a new State law which became effective January 1,
1989. The law requires that cities and counties adopt environmental
monitoring programs ensure that mitigation measures imposed on a
development project are carried out. Monitoring requirements apply to
projects which have received a mitigated negative declaration, or to
projects which need an EIR.
In evaluating the environmental effects of new development, local agencies
have followed the California .Environmental Quality Act of 1970, as amended.
Recent studies suggest that in some cases, required mitigation has often
been improperly done, or ignored entirely. To comply with AB 3180 and close
this procedural "gap ", the City of San Luis Obispo is amending its
Environmental Guidelines to require monitoring whenever mitigation measures
are required of new development.
B. Purpose. The environmental monitoring program will: 1) Ensure that
required mitigation measures are implemented; 2) Allow the City and
interested citizens to verify compliance before, during, and after project
construction; 3) Generate information on the effectiveness of mitigation.
measures, allowing the City to modify mitigation measures during project
implementation to improve their effectiveness, and 4) Guide future
decision- making.
C. Applicability. Projects which have received final planning approval
before January 1, 1989 are not subject to the environmental monitoring
requirements. The new regulations do apply to all negative declarations and
EIR findings made after that date. Changes to or time extensions for
projects approved before the effective date, where additional environmental
review is required; will also be subject to monitoring requirements.
D. Authority. AB 3180 does not amend the California Environmental Quality
Act. However its provisions do augment CEQA requirements by expanding
cities' and counties' role in environmental protection. Authority to
enforce the monitoring requirements is reserved to local agencies under
Public Resources Code Section 2100 et,seq., together with CEQA guidelines,
and the San Luis Obispo City Charter, Article II., Section 201
The new law is codified in Public Resources Code Section 21081.6, and
applies to all cities and counties in California. Council Resolution
No. 6678 (1989 Series) was _adopted Sept: 5'5- 1989 , establishing an
environmental monitoring program, and approving the following policies and
procedures. The Community Development Director shall be responsible for
administering and enforcing the program.
Page 2
E. Amendment. The Community Development Director or City Council may amend
this program at any time to better achieve the intent of AB 3180 and the
City's Environmental Guidelines. The Director shall notify the Planning
Commission and the City Council before implementing such changes, and
provide public notice in the Telegram- Tribune at least 10 days before the
changes take effect.
F. Commission and Council Review. The Planning Commission and the City
Council shall review this program within 6 months of its adoption. At the
review, the council shall evaluate the program's effectiveness, and modify
it as appropriate.
11. MONITORING REQUIREMENTS
A. Projects Affected. These requirements shall apply to all development
projects approved on or after January 1, 1989. Also, projects which '
received discretionary approvals prior to this date, but undergo changes or
additional phases which require additional environmental review must also
include monitoring.
B. Exempt Projects. Monitoring does not apply to: 1) Projects which are
determined to be exempt from environmental review under CEQA; and 2)
Projects which have received a Negative Declaration without mitigation,
based on the Community Development Director's determination that the project
will not have a significant environmental impact. This determination is
considered during City commission or council hearings on a development
request: At such a hearing, the commission or council may require
additional environmental review, mitigation, or monitoring.
C. Responsibility. The Community Development Director shall administer the
monitoring program, with assistance from other city departments as needed.
As part of environmental review, project planners will be directly
responsible for implementation by:
Preparing monitoring /reporting requirements as part of a project's
initial study;
2. Verifying compliance with monitoring requirements at building
plancheck, during construction, at final occupancy inspection, and for
a specified period after occupancy, as appropriate for the mitigation
involved.
3. Administering contracts for environmental consultant services,
including environmental monitoring programs; '
4. Coordinating with other trustee agencies (eg. DFG, AQMD, California
Division of Forestry) to ensure that they provide a monitoring or
reporting program to accompany their recommended conditions. In some
cases, the trustee agency may be directly responsible for monitoring
and enforcement of relevant conditions.
Page 3
City commissioners and councilmembers review monitoring programs as part of their
final action on a project. As with mitigation measures, monitoring requirements
may be added, deleted, or changed as part of a project's final approval.
D. Types of Mitigation Requiring Monitoring. Virtually all mitigation
measures will require some degree of monitoring; however for most projects,
monitoring will be handled by staff as part of normal building plancheck and
inspection. Monitoring will vary by the type of mitigation and project
scope, and will generally fall under one of the following categories:
Location or Design Modification: Measures affecting project location
or design, including but not limited to earthwork, utilities,
rights =of -way, structures, and landscaping. Some exaatples would be
limiting building location or coverage, reducing the number of
dwellings, or requiring a landscape buffer:
2. Construction Operation /Implementation Measures that affect the way
construction is carried out. Examples include limits on construction
hours, noise levels, dust and erosion control, and tree protection.
3. Onerational Conditions: These measures apply to the operation and /or
maintenance of a facility after occupancy. Examples include limits on
hours of operation, transportation management programs, noise and
pollution. controls, and wildlife habitat enhancement.
4. Offsite Imorove_ments -or -Of fsets: Measures requiring offsite
improvements to mitigate or compensate for project impacts. Examples
include payment of in -lieu fees for parking or open space
preservation, plumbing retrofits for water conservation, and offsite
street or utility upgrades.
E. Monitoring Procedures. AB 3180 gives cities wide latitude in developing
"reporting or monitoring" procedures. Although not defined in the statute,
the term "reporting" is taken to mean the submittal of compliance reports by
the project developer; while "monitoring" refers to inspection and
documentation carried out by the city. Either approach, or a combination of
the two may be used.
For most projects, the monitoring process would work like this:
Step 1: Project Planner completes the initial environmental study,
including recommended mitigation and monitoring requirements
where appropriate.
Step 2: Community Development Director reviews the initial study,
revises it as necessary, and makes the environmental
determination.
Page 4
J
Step 3: Environmental determination is advertised, and the public review
and 30 -day appeal period begins.
Step 4: Preparation of an EIR; or if project receives a Negative
Declaration, the project and environmental determination is
scheduled for a public hearing.
Step 5: Public hearing /Final discretionary action by the ARC, Planning
Commission, or City Council (when projects require hearings
before more than one body the final environmental determination
shall be made by the last body to take final action).
Step 6: Staff begins monitoring during building permit plancheck;
compliance with mitigation measures verified prior to permit
issuance. Staff shall verify that all project mitigation
measures are noted or listed on the building permit or
subdivision improvement plans.
Step 7: Staff continues to monitor and report compliance during
construction. If the mitigation measures are determined by the
Community Development Director to be ineffective or physically
infeasible, the Director may modify or add mitigation measures
to achieve the intent of the original mitigation measures (the
developer's authorization of future changes to mitigation must
be included in the project's original mitigation measures).
Step 8: Staff verifies compliance with mitigation measures prior to
final inspection sign -off and release of occupancy.
Step 9: For some projects, staff continues to monitor project compliance
through periodic inspection and /or submittal of reports by
environmental consultants, trustee agencies; and the developer.
Step 10: When monitoring is complete, project compliance is recorded on
the monitoring checklist, the property owner is notified, and
the documentation is permanently maintained as public records
(Community. Development Department Address Files).
F. Monitoring Techniques. Monitoring can be done several ways, including:
1. Visual Inspection
2. Sampling /Testing
3. On -going or periodic studies
4. Reporting
5. Plan Checking
6. Computer simulation or modelling
7. Surveys
Page 5
Depending on the type of mitigation and scale of the project; all or a combination
of these techniques may be used. For simple or routine projects, monitoring may
be done by staff during building permit plancheck.' For larger or more complex
projects, or for projects which require more extensive monitoring during or after
construction, the developer may be required to: 1) submit periodic compliance
reports, or 2) pay city costs for monitoring done by staff or by consultants hired
by the city. Trustee agencies, like Department of Fish and Game and the Regional
Water Quality Board, may also have monitoring duties in connection with their
mitigation requirements.
F. Mitigations and Monitoring Techniques.
Mitigation. For monitoring to work, mitigation measures must be
clear and verifiable. They should be easily understood, and directly
relate to the project's potential impacts. Effective mitigation
measures will specify what should. be done; who should do it,
when the mitigation should be done, and how it should be done
(ie. set some acceptance or approval standard).
2. For example: A mitigation requiring that "The developer shall
take appropriate measures to ensure that cultural resources are
pneservedw is too vague to be verified by monitoring. A better
wording would read "The developer shall retain a .qualified
professional to evaluate archaeological resources. Results of the
evaluation and a preservation plan shall be submitted to the Community
Development Director prior to final project approval. Measures
recommended in the evaluation shall be implemented by the
developer."
3. Monitoring. The monitoring program is included with. a project's
initial study, expanded initial study, or EIR. It should specify:
Who does the monitoring, what is monitored and how it is to be done
(See section F) frequency and duration of monitoring; whether
developer funding will be required, and include wording which allows
the Director to modify the mitigation if the monitoring or reporting
program reveals that the mitigation is ineffective or infeasible.
4. Frequency and Duration. There is no..standard formula for when and
how long monitoring is needed. It will depend on the project, and
will need to be set on a case -by -case basis. Monitoring or reporting
should occur at key city action points; like plancheck and final
occupancy inspection; and for some projects, at specified intervals
(quarterly, bi- annually, annually) from the date of occupancy..
III. FEES. For small or routine projects; monitoring will be handled by planning
staff as part of its regular duties, and there" will be no added cost to the
developer. When the Director determines that monitoring beyond the normal staff
duties or expertise is required, the developer will be charged for the additional
staff time, or for outside consultant services; on a time and material basis.
a
Page 6
In establishing fees, the Director may also include a fee to reimburse the city for
administrative costs, not to exceed ten percent of the total monitoring program costs.
Iv. ENFORCEMENT. .Monitoring or reporting programs may be enforced several ways:
A. Witholding of construction permits.
B. Stop -work orders.
C. Forfeiture of security bonds or other guarantees.
D: Review and revocation of use permits or other planning entitlements.
E. Recordation of Notice of Nom- Compliance against a property's title.
F. Civil and criminal fines:
Which measure to use, and when to use it is a judgement call "made by the Director
and City attorney based on the project's circumstances. Post - occupancy monitoring
may be the most difficult to enforce. "Up- front" developer payment for monitoring
costs, and clear, pre - arranged monitoring schedules should help minimize
problems. Staff will use special computer software to help "track" key monitoring
dates and compliance deadlines.
V. APPEALS. Appeal procedures for monitoring programs shall be the same as those
in Chapter 17.66 of the Zoning Regulations. Any person may appeal a decision of
the Community Development Director or of any city commission, as provided in the
regulations. Such appeals must be filed within 10 calendar days of the rendering
of a decision. .Decisions of the Director are appealable to the ARC or Planning
Commission (whichever body had final approval authority); and commission decisions
are appealable to the City Council.
Changes to required mitigation measures which result from monitoring shall require
legal notice to the developer, and are subject to the same noticing requirements
as the original project approval. In most cases, such changes will be
categorically exempt under CEQA, and not require any further environmental review.
ass
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RESOLUTION NO. 6677 (1989 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AMENDING THE WATER AND WASTEWATER MANAGEMENT ELEMENT
CONCERNING COUNTING NEW WATER SOURCES (GP 1456)
WHEREAS, the Planning Commission and the City Council have held public hearings on
the proposed amendment in accordance with the California Government Code; and
WHEREAS, the amendment comes to the council upon the recommendation of the Planning
Commission; and
WHEREAS, the potential environmental impacts of the amendment have been evaluated in
accordance with the California Environmental Quality Act and the city Environmental
Guidelines.
NOW, THEREFORE, the council resolves as follows:
SECTION 1. Finding. The proposed amendment maintains general plan internal
consistency and promotes the public health, saftey, and welfare.
SECTION 2. Environmental determination. An intial environmental study
(ER 49 -89) has been prepared and the council hereby approves a negative declaration.
SECTION 3. Adoption. The the general plan Water and Wastewater Management Element
text is amended as fully contained in the attached Exhibit A. The Community Development
Director shall cause the change to be reflected in the documents published by the city.
On motion of Councilwoman Pinard seconded by Councilman - Settle and
on the following roll call vote:
AYES: Councilmembers Pinard, Settle, Rappa, Reiss Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5th day of September1989.
_"600 - •
Mayor,Ron Dunin
ATTEST: o'
City lerk am og s
R6677
Resolution No. 6677 (1989 Series)
Page 2
APPROVED:
Community Development Director
AM Ik"
Utilities Director
gm4: 1456 -res
Resolution No. 6677
EXHIBIT A
Program 2.4 The city will adopt regulations which establish allowed increases in water
use for new development and which allocate any allowed increase, consistent
with this element.
(1) So long as normal city water use exceeds safe yield, the amount of
water available for allocation to new development at any time will not
exceed:
147.1 acre -feet (two percent of July 1988 safe yield); plus
11 acre -feet (remaining from the 1987 -88 allocation); plus
One -half of any additional safe yield obtained after July 1, 1988,
less 147.1 acre feet (repaying the "water credit" extended in
anticipation if added supply during 1988 -89); minus
All water allocated after July 1, 1988.
(2) So long as water use exceeds safe yield, all allocations of water to
new development will not exceed an increase in city water use during
any year (July 1 to June 30) greater than two percent of then - current
safe annual yield.
(3) The regulations may provide_ a special reserve, separate from the
limitations of parts 1 and 2 above, for tenant improvement and use
changes in existing buildings and for development in large, phased
projects which have made substantial commitments to public facilities
in anticipation of development. Initially, this special reserve shall
not exceed about 74 acre -feet (one percent of July 1988 safe yield).
Once the 147- acre -foot "credit" of part (1) as been deducted from any
added yield, the council may increase the special reserve by not more
than 74 acre -feet.
(4) The safe yield of a supplemental source will be included only when
;
the City a , the lmw source
candeliver - water through the city water system.
(5) The estimation of city water use will employ additions of allocated
water to use levels of an average, base .year, to avoid fluctuations in
measured water use due to relatively short -term economic or weather
conditions.
The regulations will allocate water -use increases to specific developments,
within various land - development categories. Residential uses will be provided at
least 66 percent of total water capacity to be allocated. Within the
residential category, projects .affordable to low- or moderate- income households
will have highest priority. Further, the regulations will assure that no single
project can receive all available water and that projects which make offsetting
water -use reductions in existing development equal to twice their expected water
use may proceed independently from the allocation system. The regulations will
take priority over previously adopted regulations or specific -plan provisions
concerning growth management. gm4:1456 -RXA
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RESOLUTION NO.6676(1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION TO APPROVE THE PLANS FOR A RESIDENCE ON A SENSITIVE SITE
APPLICATION ARC 89-43,1460 ANDREWS STREET
WHEREAS, on July 31, 1989, the Architectural Review Commission approved the plans for
a residence on a sensitive site located at 1460 Andrews Street, at a public meeting
conducted pursuant to application ARC 89 -43; and
WHEREAS, on August 9, 1989, Mr. Joseph C. Boone filed an appeal requesting that the
council require modification to the plans; and
WHEREAS, on September 5, 1989, the City Council conducted a duly noticed public
hearing to consider the testimony of the appellant, the applicant, and other interested
parties.
NOW, THEREFORE, the council of the City of San Luis Obispo denies the appeal and takes
an action to grant final approval to application ARC 89 -43, subject to the following
findings and conditions:
SECTION 1. Findings
1. The design of the proposed structure is consistent with the conditions of approval
established by Use Permit U 0914 and Tract 940.
2. The proposed structure will not significantly restrict development and use of
appellant's property or other nearby properties.
SECTION 2. Conditions.
1. Overall height of the structure shall be reduced by one footmas previously directed
by the Architectural Review Commission.
2. Applicant shall submit a detailed landscape plan to staff for approval. The plan
shall be prepared by a licensed landscape architect, as required by Use Permit U 0914.
6676
Resolution No. 6676 (1989 Series)
ARC 89 -43
Page 2
On motion of Councilman Settle seconded by .
Councilman Reiss and on the following roll call vote:
AYES: Councilmembers Settle, Reiss and Mayor Dunin
NOES: Councilmembers Pinard and Rappa
ABSENT: None
the foregoing document was passed and adopted this 5th day of September
1989.
i I
yor Ron Dunin
ATTEST:
City Jerk Pam Vo
APPROVED:
City A inistrative Officer
City Attorn y
/�c� Vf/
Community Development Director
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Slution No. 6675(1989 Series) 1`
A RESOLUTION APPROVING THE TRANSIT AGREEMENT
BETWEEN THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
CALIFORNIA POLYTECHNIC STATE UNIVERSITY, SAN LUIS OBISPO, AND THE
CITY OF SAN LUIS OBISPO FOR ROUTE SUBSIDY TO SLO:TRANSIT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That Transit Agreement SA #89/127 between the Trustees of the
California State University, California Polytechnic State University,
San Luis Obispo, and the City of San Luis Obispo is approved and the
Mayor is authorized to execute the same.
2. The City Clerk shall furnish one original resolution and five copies
of the agreement to:
Ray Macias
Procurement & Support Services Officer
California Polytechnic State University
San Luis Obispo, CA 93407
On motion of Councilwoman Rappa , seconded by Councilwoman- Pimard.
and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day
of September 1989.
ATTEST:
CIT CLERK PAMELA V S
APPROVED:
City A i
City Attc
00
MAYOR RON DUNIN
native officer birector of FinA ce
6675
1. ..,
STANDARD. AGREEMENT,, 'A, ORNEY GENERAL
'STATE OF CALIFORNIA.
SrO. 2 (REV. 2(851
THIS AGREEMENT. made and entered into this -1st date of July 19 89
in the State of California, by and between State of California, through its duly elected or appointed,
gnalifie(i and acting Affirmative Action Employe_ r
'TITLE OF OFFICER ACTING FOR STATE AGENCY C al- Poly _ hereafter called the State, an
Procurement &Support Services State University, San Luis Obispo
❑ CONTRACTOR
❑
STATE AGENCY
❑
DEPT. OF GEN. SER.
❑
CONTROLLERS
07
❑
BY (AUTHORIZED SIGNAT _
11
BY (AUTHOR 1 EI _
NUMBER I AM. NO.
hereafter called the Cantractos. CONTRACTORS IM. NUMBER
CITY OF SAN LUIS OBISPO TRANSIT.SYSTEM 95- 6000781 1
1NITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows:
(Set forth service to he rendered by Contractor, amount to be paid Contractor, lime for performance or completion, and attach plans and sj)ecifications, if any.)
CITY OF SAN LUIS OBISPO
TRANSIT SYSTEM
Exhibit "A" attached hereto is made a part of this agreement by reference thereto.
The term of this agreement is from July 1, 1989 through June 30, 1990.
Fiscal Year 1989 -90 Fee Calculation is listed on letter attached, marked Exhibit "B ",
which becomes a part of this agreement..
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the (late first above written.
STATE OFl CALIFORNIA
CONTRACTOR
AGENCY Cal Poly State Un \ V
CONTRACTOR c OR 1W OTHER THAN AN INDIViWAI. STATE WHETHER A CORroRATION.
07
ETC
CITY'OF SAN•LUIS OBISPO;TRANSIT- SYSTEM
BY (AUTHORIZED SIGNAT _
BY (AUTHOR 1 EI _
X
PRINTED NAME OF P ON SIGNIN
PRINTED NAME AND TM_E OF PERSON - SIGNING - -
Ray Macias
R01 DUP1 1.4 fyAYOR
TITLE - - ..
ADDRESS - - -
. Procurement & Support Services Officer
990 Palm Street, San Luis Obispo; CA 93403 -8100
AMOUNT ENCUMBERED
PROGRAWCATEGORY (COOE AND TITLE)
FUND TITLE
S 88,791.44
Bus Program for 1989 =90
DRF /Parking
DepartmentotGeneralservrces
Use Only
'UNENCUMBERED BALANCE
(OPTIONAL USE! -
-" - - - -.
S
r..
VP for Business 'Affairs /James R. Landreth.
-
ADJ. INCREASING ENCUMBRANCE
ITEM
CHAPTER
STATUTE
FISCAL YEAR
S
89/90
ADJ. CECREASING ENCUMBRANCE
OBJECT OF EXPENDITURE ICOOE.AND TITLE)
S
4- 57108 -5520
1 Gnata, rrrtif y lylrm ontoll n personal knowledge that hndw'led fgm1s art'
T.B.A. NO. .. _._ --
B.R. NO..
arad,114- fw the perirml and pupvrof the er(a'nilit Fire Stated aNive.
SIGNATV OF ACCOUNTING FF CER
-
DATE
X
(Sr 3
- IIn -reby t' I rlify that t7 't'f /Ilflltlr /tl.l fI/r rZl'li 11481.1t'tlN.lh in Slate 1�(N hart'
IN'en r-onitlli.rd 11'ith and thi% fhA- nnlent is exenlpt from rerieir list the Department of Finance.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY
DA -
TE
X
1. The (efntractor agrees to indemnify, &fend and save: harm less tIit- State, :its '(if ficers,'agents anel
emplo \'PPS from all \" and all claims and losses acmdrig or resulting to any and all contractors, subcon-
tractors, materlalmen- lallorers and ail \ - other person, firm or corporation'. furnishing ,yr; supplying
work, services, materials or supplies ill connection with. the performance of this cYnttract,.and from any
and all claims and losses accruing or resulting to any person -firrl or corporation \\ ho may he injured
or damaged hv. the Contractor in the performance of this contract.
?. "flit, Contractor. and the agents and employees of (;ontrac•tor, in the ixvformance of this agree -
nu•nl. shall act in all independew capacity and - not as officers or employees or agents of .State of
California.
:i. nit. state mac terminate this agreetne m, a:,d he relieved of the payment of anv consideration to
Contractor should Contractor fail, to pertorni the covenants herein contained at the litre and in the
manner flerviii "prpeich -d. lit the event eif such termination the Stale may proceed with the \cork in ail\ -
nianoer deemed proper be the State -'The cost to the State shall Ill- deducted from any sum due the
Contractor colder this auvennriit. and the balance, if am', shall he paid the Coittrai-tor tyxin demand.
a. \ \'ilhout the \critter con ent of the Stale, this agreement is not assignable b�- Contractor either ill
thole or in part.
5. rime is of the evence in this agreement.
ti. No altcrltiom or variation of the terms of this contract shall he valid imless made in \criliitg.and
signed bj the parties hereto. all([ no oral understanding or agreement not incorporated herein, shall be
biitdiln, nn airs of the lrarties hereto.
. I'll(- consideration to lie paid Contractor. as provided herein, shall Ix- in c•omix-nsalioo for all of
Coolraetor's expenses incurred-in the performance hereof, including trot,] and per dicot, unless other-
ise e\pressf\ so procidt -d.
8. Contractor, by signing the Agreement, does swear under.penalty of 'perjury that no
more than one final u.nappealable finding of contempt of court by a Federal Court
has been issued against the Contractor within the immediately preceding two-yea because of the Contractor's failure to comply with an order of the Federal
Court which orders the Contractor to comply with an order of the National Labor
Relations Board (Public Contract Code;.Section 10296).
9. The contracting parties shall be, subject to the.examination and ,audit of the State
Auditor General for a period of three (3),-years after final payment under the '
Agreement in accordance with Government Code Section .10532... The.eiamination and
audit shall be cinfined to those matters connected with the perforrnance of the
Agreement, including, but not limited to, the. costs of administering the Agreement.
10. Contractor's signature affixed hereon and dated shall constitute a certification
under the penalty of perjury under the laws of the State of California that the
Agreement has, unless exempted, complied with the nondiscrimination program re-
quirements of Government Code .Section 8103.
85 35450
r
}
TRANSIT AGREEMENT
Exhibit A
This Transit Agreement ( "Agreement ") is made and entered into on this 7th day of
July, 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation of the State of California, hereinafter referred to as "City," and THE
TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, CALIFORNIA
POLYTPCP. dIC STATE UNIVERSITY, SAN LUIS OBISPO, hereinafter referred to as
"University"; jointly referred to hereinafter as the "parties."
RECITALS
The parties enter into and execute this Agreement with knowledge of and reliance
upon the following facts:
1. City is the operator of a mass transit system known as "SLO Transit" which
provides public transportation service within the City of San. Luis Obispo and between the
City of San Luis Obispo and University.
2. City and University entered into Interagency Agreement #85/037 on July 16,
1985 in order to provide a No Fare Program for Cal Poly students, faculty, and staff using
SLO Transit September 15, 1985 through June 14, 1986.
3. City and University entered into Amendment No. 1 to Interagency Agreement
#85/037 and Interagency Agreement . #86/058 on July 15, 1986. Said Amendment and
Agreement provided a No Fare Program for Cal Poly students, faculty, and staff using SLO
Transit June 15, 1986 through June 30, 1986, and July 1, 1986 through June 30, 1987,
respectively.
r,
U
4. This No Fare Program has increased ridership on SLO Transit and reduced the
demand for automobile parking on the University campus by providing for direct payment
to City from University, which payment entitles University students, faculty, and staff to
unlimited use of SLO Transit during a specified period of time.
5. City and University wish to continue and expand the time period for said
Program.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual and respective covenants set
forth herein, and subject to all the terms and conditions hereof, the parties agree as follows:
A. University shall pay to City a fiscal year fee of Sixty-Nine-Thousand One Hundred
Twenty-Four Dollars and Eleven Cents ($69,124.11) for the No Fare Program July 1, 1987
through and including June 30, 1988. Fee shall be payable in semiannual payments on or
before September 14, 1987 and February 14, 1988. Said fee is calculated by the following
formula:
A x B = C, where
A = total number of Cal Poly passengers riding SLO Transit during Fiscal Year
1986 -87 as shown on the "SLO Transit Operations Report," an example of which
is attached and incorporated by this reference (Exhibit A), and
B = twenty-nine (29) cents, and
C = University fiscal year fee
B. Beginning July 1, 1988, and for each successive fiscal year beginning on July 1st
while this Agreement is in effect, the fiscal year fee shall be calculated according to the
formula in Paragraph A, where "A" uses the fiscal year prior to the fiscal year during which
-1
said fee is due and "B" is increased by one (1) cent per fiscal year (for example,
FY 1988 -89 = 30' cents, FY 1989 -90 = 31 cents).
The fee shall be adjusted each fiscal year in said manner until such time that the
Cal Poly fare revenue per Cal Poly passenger is equal to the SLO Transit fare revenue less
Cal Poly fare revenue per SLO Transit passenger less Cal Poly passengers, using the data
shown on the applicable fiscal year "SLO Transit Operations Report." At such time, "B"
shall be equal to the SLO Transit fare revenue less Cal Poly fare revenue per SLO Transit
passenger less Cal Poly passengers. Exhibit B of Agreement shows an exanngle of fare
revenue calculations using Exhibit A data.
The fee shall be payable in semiannual payments on or before September 14th
and February 14th of the applicable fiscal year.
C. In consideration of the payment described in Paragraph A or Paragraph B, City
shall allow University students, faculty, and staff unlimited use of SLO Transit services
during normal operating hours, and at existing levels of service for the applicable fiscal year,
provided that said students, faculty, and staff shall show a current University identification
card to the driver of any SLO Transit bus before boarding. City shall not be required to
increase its service level above that currently existing, nor to change routes, times, or
schedules, or add buses. City reserves the right to change existing routes, times, and
schedules as it deems best for the benefit of the entire SLO Transit system.. City shall not
charge or exact any additional fee from University students, faculty, or staff for use of SLO
Transit services.
D. Either party may terminate this Agreement at any time, without cause, by giving
ninety (90) days written notice to the other party. Either party may terminate this
Agreement immediately for cause at any time by giving written notice to the other party.
In the latter case, termination shall be effective upon receipt. In the event of termination
of this Agreement, City shall refund to University a proportionate amount of the fee paid
pursuant to Paragraph A or Paragraph B. The ratio of the amount refunded to the total
fee paid pursuant to paragraph A or paragraph B shall be equal to the ratio of weeks (or
part of a week) elapsed from July 1 of the current fiscal year to 52 weeks.
E. This Agreement is,not assignable. Any assignment or attempted assignment by
University shall be void, shall confer no rights on any third party, and shall be good cause
for termination of this Agreement by City at its option.
F. Neither University nor any of University's agents or contractors are or shall be
considered to be agents of City in connection with the performance of University's rights
and obligations of this Agreement. Neither City nor any of City's agents or contractors are
or shall be considered to be agents of University in connection with the performance of
City's rights and obligations under this Agreement.
G. Unless otherwise provided, all notices required herein shall be in writing and
delivered in person or sent by registered or certified mail, postage prepaid, return receipt
requested. Notices required to be given to City shall be addressed as follows:
Transit Manager
c/o City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
Notices required to be given to University shall be addressed as follows:
James R. Landreth
Vice President for Business Affairs
California Polytechnic State University
San Luis Obispo, CA 93407
Provided that either party may change its address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address. Mailed notices
shall be deemed received forty-eight (48) hours after deposit in the U. S. mail.
H. This Agreement contains the entire Agreement between the parties hereto
relating to the unlimited use of SLO Transit by University and may not be modified except
by instrument in writing signed by the parties hereto.
I. This Agreement has been entered into and is to be performed in the State of
California. and shall be construed and interpreted in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
ATTEST:
City Cle k Pamela Voge
Date
CITY OF SAN LUIS OBISPO
ayor Ron Dunin
CALIFORNIA POLYTECHNIC STATE UNIVERSITY
AT SAN LUIS OBISPO
Ray Macias Date
Procurement and Support Services Officer
August 8, 1989
EXHIBIT "B" 0
city of sAn tuis oaspo
990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100
Mr. James R. Landreth
Vice President for Business Affairs
California Polytechnic State University
SLO, CA 93407
Dear Jim:
PVT
AUG 8 1989
OUWNW4 AhhAlltS
Per the Cal Poly /City No Fare Program Agreement for SLO Transit (SA#88/075),
calculations are shown below that indicate the FY 1989 -90 Cal Poly fee. As
usual, the City will bill Cal Poly for this fee - -due in semiannual payments on
or before September 14th and February 14th.
FY 1989 -90 Cal Poly Fee Calculation
286,424 Cal Poly passengers (7/1/88 - 6/30/89)
x 31 cents /passenger
$88,791.44
Unfortunately, the SLO Transit Operations Report which indicates the number of
Cal Poly passengers for FY 1988 -89 is not available at this time. The City is
updating it's computer' system and we cannot process these reports until later
this month.
Cal Poly ridership increased by approximately 16% during FY 1988 -89 when
compared with FY 1987 -88. This increase in ridership is probably most
attributable to the Cal Poly parking fee increase.
Should you have any questions, please contact me (549 - 7122). Thanks for your
continued cooperation with this successful program. I will forward the
Operations Report as soon as it is available.
Best Regards,
jNay 6 fler
Transit Manage
attachment
c: Ries, Finance
SLO TRANSIT TTD OPERATIONS REPORT FOR 7/1188 TO 6/30/89 (UNAUDITED)
PERFORMANCE DATA:
--------------- --
TOTAL VEHICLE SERVICE MILES
VEHICLE SERVICE MILES (1.67)
VEHICLE SERVICE MILES (2.51)
VEHICLE SERVICE HOURS
EXHIBIT "All
- SYSTEM - - - - - -- ROUTES --------------- --
TOTALS ROUTE ROUTE ROUTE ROUTE
T -T -D 1 2 3 4
188,3%.1 39,245.4 55,516.9 57,735.2 35,898.6
188,657.4 39,245.4 55,183.9 57,735.2 35,892.9
0.0 0.0 0.0 0.0 0.0
14,082.0 3,208.3 3,992.0 4,045.0 2,836.7
TOTAL TRANSIT COST
5438,391.20 S
91,453.69
!129,724.90 $134,473.80 S 82,738.73
VEHICLE OPERATIONS "
S300,601.90 S
62,627.26
$ 88,831.72 S
92,106.79 S
57,036.07
VEHICLE MAINTENANCE
S 70,181.21 S
14,620.82
S 20,744.35 S'21,505.26
S
13,310.79
NON - VEHICLE MAINTENANCE
S 5,100.00 S
1,071.60
5 1,519.92 S
1,573.70 S
934.78
ADMINISTRATION
S 62;508.00 S
13,134.04
S 18,628.86 S
19,288.00 5
11,457.11
OPERATING COST (TDA COMPLIANCE) • $389,714.20 S 81,258.35 5115,287.50 5119,501.20 S 73,667.03
TOTAL PASSENGERS
5D9,349.0
137,058.0
146,304.0
97,198.0
128,789.0
CITY TRANSFER PASSENGERS
12,965.0
3,605.0
3,689.0
4,564.0
1,107.0
CASH PASSENGERS
99,175.0
19,642.0
39,944.0
30,453.0
91136.0
HANDICAPPED PASS PASSENGERS
4,437.0
865.0
1,960.0
1,240.0
352.0
MONTHLY PASS PASSENGERS
31,610.0
7,609.0
91941.0
11,975.0
2,085.0
SENIOR PASS PASSENGERS
63,205.0
13,356.0
18,913.0
2.7,480.0
3,456.0
SUPER PASS PASSENGERS
11,328.0
1,953.0
4,274.0
3,976.0
1,125.0
CAL POLY PASSENGERS
286,424.0
89,972.0
67,521.0
17,419.0
111,512.0
PROMOTIONAL PASSENGERS
205.6
36.0
62.0
91.0
16.0
TOTAL FARE REVENUE
CASH AT FAREBOX
HANDICAPPED PASS SALES
MONTHLY PASS SALES
SENIOR PASS SALES
SUPER PASS SALES
CAL POLY ROUTE SUBSIDY EARNED
PROMOTIONAL REVENUE EARNED
PERFORMANCE MEASURES:
PASSENGERS PER VEHICLE SERVICE HOUR
OPERATING COST PER HOUR
TOTAL COST PER PASSENGER
TOTAL FARE REVENUE PER PASSENGER
TOTAL SUBSIDY PER PASSENGER
FARE.REVENUE / TOTAL TRANSIT COST
FARE REVENUE / OPERATING COST
5152,695.90 S 40,750.05 S 48,562.20 S 32,045.17 S 31,398.48
S 50,512.36 S 10,491.65 5 19,583.04 5 15,752.10 S 4,685.61
S 285.00 S 57.04 5 126.71 S 78.69 S 22.56
S 12,752.00 S 3,069.55 5 4,008.69 S 4,831.12 S 842.65
S 7,387.50 S 1,559.27 S 2,211.50 S 3,214.33 S 402.40
S 7,995.00 S 1,327.22 S 3,018.18 S 2,811.84 S 837.77
S 73,764.00 S 24,245.31 S 19,554.10 S 5,357.10 S 24,607.50
S 0.00 S 0.00 $ 0.00 S 0.00 S 0.00
36.2
42.7
36.6
24.0
45.4
S 27.67 i
25.33 S
28.88 S
29.54 S
25.97
S 0.86 S
0.67 S
0.89 S
1.38 S
0.64
S 0.30 S
0.30 i
0.33 S
0.33 S
0.24
S 036 S
0.37 S
0.56 S
1.05 S
0.40
34.8 %
44.6 %
37.4 %
23.8 %
37.9 %
39.2 %
50.1 %
42.1 %
26.8 %
42.6 %
• OPERATING COST (TOA COMPLIANCE ) = TOTAL TRANSIT COST LESS VEN. LEASE COST AND VEN. EQUIP. REPLACEMENT RESERVE
•• INCLUDES VEHICLE EQUIPMENT REPLACEMENT RESERVE ALLOCATIONS