HomeMy WebLinkAbout07/16/2002, C3 - AWARD OF DESIGN SERVICES: BUS MAINTENANCE FACILITY IMPROVEMENT: BUS WASH; SPECIFICATION NO. 99601A council 16, 2002
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CITY O F SAN LUIS OBISPO
FROM: Michael McCluskey,Public Works Director 40*
Prepared By: Bridget Fraser, Associate Engineer
SUBJECT: AWARD OF DESIGN SERVICES: BUS MAINTENANCE FACILITY
IMPROVEMENT: BUS WASH; SPECIFICATION NO. 99601A
CAO RECOMMENDATION
1) Award an agreement to Ravatt Albrecht&Associates, Inc. in the amount of$29,875.00 for
"Design Services: Bus Maintenance Facility Improvement/Bus Washer; Specification No.
99601A."
2) Authorize the Mayor to execute the contract documents.
DISCUSSION
Staff recommends awarding a contract to Ravatt Albrecht & Associates of Santa Maria to provide
design services for a bus washing facility at the City's existing Bus Maintenance and Operations
Facility off of Prado Road. The proposed project would add an exterior bus washer/wash-water
recovery system that would allow quicker,more thorough washings and also recycle the wash water.
The original design of the maintenance facility included four service bays, with one bay
incorporating a bus washer and wash-water recovery system. Due to budget constraints the original
construction plans were revised to eliminate two of the service bays and include an exterior bus wash
as a bid alternate. The facility was further downscaled when the construction contract was awarded
without the bus wash bid alternate. On a temporary basis, a small area in the parking lot was created
to hand wash the buses. This smaller facility, built in 1987,was adequate for the SLO Transit fleet at
that time, which included only eight buses. Since then the SLO Transit fleet has grown to 17 buses
and two trolleys, all of which are still hand washed in the parking lot 15 years later.
This project was originally conceived in 1995 as a bus wash housed inside of an additional service
bay with the idea that the addition would serve a dual purpose. This idea was abandoned after
detailed estimates revealed that costs of the building due to seismic constraints and other code
requirements were much higher than expected, leaving inadequate funds available for the bus
washer. It was further revealed that the bus wash equipment housed inside the service bay would
prohibit full use of the building for repairs. Thus, the high cost of the service bay was
disproportionate to the value that it served. The project stalled a number of times due to new and
higher Council priorities and turnover in the transit manager position.
Currently, as previously stated, the transit contractor washes each vehicle weekly with a hose and
hand brush in a makeshift wash area in the parking lot— a labor-intensive, time consuming process
that wastes water. The adopted Short Range Transit Plan recommends washing the front and back of
each vehicle daily and the entire exterior weekly, but this level of attention is not feasible with hand
washing.
In reevaluating this project, staff has found that the need for a bus washer is greater than the need for
an additional service bay and that hand washing the buses in the parking lot is inefficient, in conflict
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Council Agenda Report—Bus Maintenance Facility Improvement: Bus Wash; No.99601A
Page 2
with local ordinances, and was intended to only be a temporary remedy. Therefore, staff has
concluded that the best use of the available budget would be to design and install a stand-alone bus
wash and wash water recovery system.
A Request for Proposals for design services was advertised on April 20, 2002. Only one proposal
from Ravatt Albrecht & Associates was received at the May 23, 2002, proposal opening. After
reviewing experience and qualifications, staff feels Ravatt Albrecht & Associates is well suited to
handle the project and staff does not recommend readvertising the RFP for design services. A
contract in the amount of$29,875.00 has been negotiated with the firm.
FISCAL IMPACT
This project is included in the 1995-97 Financial Plan (pages 110-113 of Appendix B) and is funded
through a combination of FTA Section 9 Grants and Transportation Development Act(TDA) funds.
There is currently$396,291 in the project budget to support this $29,875.00 design contract and still
leave adequate funds for construction and inspection costs.
Attachment:
1. Original design agreement
g:\ current projects\bldgs\99601 bus wash\_documents\I-staff reports\99601a award design.doc July 3,2002
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AGREEMENT FOR DESIGN SERVICES
Bus Maintenance Facility Improvement:
Bus Wash
Specification No.99601A
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of
,2002,by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,hereinafter
referred to as City, and RAVATT ALBRECHT&ASSOCIATES, INC,hereinafter referred to as Consultant.
WITNESSETH:
WHEREAS, on May 23, 2002, City requested proposals for Design Services for the Bus Maintenance
Facility Bus Wash Project per Specification No. 99601A.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for
said services.
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as
first written above, until acceptance or completion of said services.
2. INCORPORATION BY REFERENCE. City Specification No. 99601A dated April 2002,
Consultant's proposal dated May 23, 2002, Attachment A—Revised Scope of Improvements and Scope of Work
and Attachment B—Contract Terms and Conditions are hereby incorporated in and made a part of this Agreement
as if fully set out herein.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefor compensation on an hourly-not-to-exceed basis as follows:
Task 1 Facility Investigation/Predesign $ 5,600.00
Task 2 Schematic Design/Design Development 9,775.00
Task 3 Construction Documents 14,500.00
Total Fees not to exceed $29,875.00
4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements
herein before mentioned to be made and performed by City, Consultant agrees with City to do everything
required by this Agreement, said specifications and referenced documents and attachments.
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
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ATTACHMENT 1
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be
of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the
parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City Bridget Fraser
City of San Luis Obispo
Public Works Department
955 Monro Street
San Luis Obispo, CA 93401
Consultant Greg Ravatt,AIA
Ravatt Albrecht&Associates,Inc.
1460 N. Higuera#201
San Luis Obispo, CA 93401
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year fust above written.
APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
Jori ense Ci Attorney Mayor Allen Settle
CONSULTANT
By:
Greg Ravatt,AIA, President
Ravatt Albrecht&Associates, hzc
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ATTACHMENT 1
REVISED SCOPE OF E%IPORVEMENTS AND SCOPE OF WORK ATTACHMENT A
REVISED SCOPE OF IMPORVEMENTS
The following list is a preliminary scope of desired and/or required improvements for this project and is subject to change
upon further research,testing,analyzing and refining by the Consultant and the City.
I. Install a drive through bus wash machine and associated pumps;holding tanks,water softening units,etc.
2. Provide a wash water recovery system to recycle wash water for reuse.
3. Provide a concrete slab and below ground drain system to capture wash water:
4. Provide an automated system to divert rainwater to storm drain when washer is not in use or divert wash water to
sanitary sewer system when washer is in use.
5. Provide connections to existing water,sewer, storm drain and electrical systems and upgrade services, if needed,
to meet demands.
6. Provide splash wall that visually blends with adjacent building to contain wash water and provide screening of
equipment.Material to be determined during design.
7. Abandon existing bus wash area and disconnect from sanitary sewer.
8. Provide other code compliance identified during design process.
9. Provide adequate lighting to enable nighttime use of bus wash.
10. Incorporate a pressure wash area for washing of engine compartment.
SCOPE OF WORK
Task 1. Facility Investigation/Pre-design.
a. Consultant shall conduct meetings with City Staff, Bus Maintenance contractor and Committees as needed to
gain insight into the project and fully understand the needs of the users.Review preliminary scope of work,
review budgets and confirm project goals and schedules.
b. Review conceptual design and preliminary bus wash system equipment list developed by Staff Analyze site for
optimum placement of bus washer and associated equipment. Determine adequacy/capacity of existing power,
water,sewer,and drainage facilities.Identify any potential issues.
C. Work with bus wash manufacturers to gain and understanding of equipment requirements,needs and options.
d. Code Analysis. Identify issues of code compliance including any issues with state,county or city policies or
ordinances including,but not limited to,disabled accessibility, fire safety,water/wastewater discharges.
e. Consultant shall assist City in coordinating work of any necessary surveying,geo-technical testing,or other
testing deemed necessary to facilitate design.
L Meet with City to review and discuss any issues identified in this phase.
City Responsibilities: City to identify a bus wash manufacturer to model project after. City shall provide.surveying,
geo-technical testing and other such tests as needed under a separate contact.
Task 2. Schematic Design/Design Development
a. Based on facility investigations and code searches,prepare recommended scope of work,schematic plans,and
preliminary cost estimates.
b. Submit schematic plans and cost estimate to Project Manager for review by City Staff. Review to be over the
shoulder staff review.
c. Revise plans and update estimate based on Staff comments.
d. Based on approved schematic design develop plans,sections,elevations,material selections,equipment
selections and layouts.
e.. Prepare outline technical specifications.
f. Update costs estimates.
g. Conduct preliminary review with Building Department to confirm all assumptions.
h. Meer with city staff as required to finalize this phase of work.
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ATTACHMENT 1
/ ATTACHMENT A
L Submit plans,specifications and cost estimate to City for review. Review to be over the shoulder staff review.
City Responsibilities: Review and respond to submittals in a timely manner. Based on drawings submitted by
consultant prepare comments prior to over the shoulder review.
Deliverables: Provide a minimum of 1 reproducible copy or electronic file of plans,specifications and cost estimates
to City.
Task 3. Construction/Bid Documents.
a. Prepare draft construction documents including cost estimates,plans,details,and technical specifications using
dual units and standard City formats. The City's boilerplates,the"Standard Specifications"(current version)and
"Engineering Standards"(current version)must be incorporated whereapplicable.
b. Consultant shall work with City staff in determining and incorporating federal requirements into construction
documents.
C. Consultant shall submit construction documents and estimates to Project Manager for review by City Staff at
50%and 100%completion. Review to be over the shoulder staff review. Staff comments to be prepared and
reviewed by consultant prior to consultant/staff review
d. Meet with City to review comments. Revise documents based on City comments.
e. Consultant shall submit required plans,.specifications and calculations with the City's Building Division for
building permit plan checks. Consultant shall modify documents as required by Building Division plan checks.
f. Submit final copy-ready construction/bid documents. Submit plans on D-size mylar sheets or reduced 11 x17
white bond sheets. Each plan sheet and the title page of the specifications shall be stamped and signed by the
professional responsible for the design. Consultant shall also submit documents in a computer file format
compatible with AutoCAD 2000 and Microsoft Word 7.(Older versions are acceptable.)
City Responsibilities: Provide CAD drawing file of City's Standard D size title blocks and coversheets. Provide file
of City's standard boilerplate bid documents. Review and respond to submittals in a timely matter.
Deliverables: Submit 1 reproducible copy and electronic file(such as a PDF file format)for all draft reviews using
either the D-size(24"x36")format or a half-size 11"xl7"format. (Consultant shall ensure that drawings and notes are
clearly legible if using the reduced format.)
Task 4. Bidding Services. (to be added by addendum at a later date)
Task 5. Construction Administration. (to be added by addendum at a later date)
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�l ATTACHMENT 1
CONTRACT TERMS AND CONDITIONS ATTACHMENT B
GENERAL
1. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and
other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance
with any and all federal,.state,county,city,and special district laws,ordinances,and regulations.
2. Laws to be Observed. The Consultant shall keep itself fully informed of and shall observe and comply with all
applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes
during its performance of the work.
3. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Consultant is required to
pay.
4. Permits and Licenses. The Consultant shall procure all permits and licenses associated with doing business, pay all
charges and fees,and give all notices necessary.
5. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA
and the California Division of Industrial Safety.
6. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City
employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary
railings; barricades, lights, signs and other devices and take such other protective measures asare necessary to prevent
accidents or damage or injury to the public and employees.
7. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City,to
protect City property from injury or damage. If City property is injured or damaged as a result of the Consultant's
operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a
condition as good as when the Consultant began work.
8. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the
performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform
and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
9. Consultant Non-Discrimination. In the performance of this work,the Consultant agrees that it will not engage in,nor
permit such sub-consultants as it may employ, to engage in discrimination in employment of persons because of age,
race,color,sex,national origin or ancestry,sexual orientation,or religion of such persons.
10. Work Delays: Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes
in the work or by any default, act, or omission of the City,or by strikes,fire,earthquake,or any other Act of God,or by
the inability to obtain materials,equipment,or labor due to federal government restrictions arising out of defense or war
programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed
upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the
completion date of the contract,the City may, at the time of acceptance of the work, waive liquidated damages which
may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for
such delay, and making a finding as to the causes of same. If the period of design exceeds 12 months for any reason
other than consultant inablility to perform the contract fees will be re-negotiated.
11. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the
City of the materials,supplies,equipment,or services provided by the Consultant(Net 30).
12. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services
of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work
done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill its contract requirements.
13. Audit The City shall have the option of inspecting and/or auditing all records and other written materials used by
Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant.
14. Interests of Consultant The Consultant covenants that it presently has no interest, and shall not acquire any interest
direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work
hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having
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such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the
work hereunder,the Consultant shall at all times be deemed an independent contractor and not an agent or employee of
the City.
15. Hold Harmless and Indemnification. The Consultant agrees to defend, indemnify, protect and hold the City and its
agents, officers and employees harmless from and against any and all claims asserted or liability established for
damages or injuries to any person or property, including injury to the Consultant's employees, agents or officers that
arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Consultant, and
its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and
defending against same;provided, however,that the Consultant's duty to indemnify and hold harmless shall not include
any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers
or employee.
16. Agreement Assignment. The Consultant shall not assign,transfer, convey or otherwise dispose of the contract, or its
right,title or interest,or its power to execute such a contract to any individual or business entity of any kind without the
previous written consent of the City.
17. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by
any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to
perform. This notice must give the Consultant a 10(ten)calendar day notice of time thereafter in which to perform said
work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such
shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the
Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights
under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and
effect,and shall not be extinguished,reduced,or in any manner waived by the termination thereof.
In said event,the Consultant shall be entitled to the reasonable value of its services performed from the beginning date
in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such
payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or
services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or provided by the
Consultant shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall
workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as
may be determined in the Citys sole discretion, so as to permit a full and complete accounting of costs. In no event,
however,shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal.
SPECIAL TERMS AND CONDITIONS
18. Project Management. The proposal must identify a project manager who will oversee all work to be done throughout
the duration of this program. The project manager appointed at the beginning of the project should remain throughout
the project until its completion. Project Manager must have an established record for completing projects on time and
within budget. The Project Manager will be the liaison between Consultant and City staff, Commissions and with
staffs of other involved agencies.
19. Information Provided by City. The City will provide a copy of the Engineering Standards and Standard
Specifications. The City shall provide oneset of mylars of the City's pre-printed standard coversheet and titleblocks to
be reproduce as needed by the Consultant or the consultant may purchase additional mylars from the City at a cost of
$3.00 each. The City will provide at no expense to the Consultant, an AutoCad drawing file (version 2000 or earlier)
containing the standard coversheet and titleblock drawings. The City will provide the "boiler plate" documents for the
specifications and bid documents,hard copy or MS Word document file.
The City shall make available to the Consultant copies of any maps, plans, record drawings and survey notes in it's
possession which are applicable to the project. The City does not guarantee the accuracy of the maps, plans, record
drawings and survey notes; therefore, it is the responsibility of the Consultant for field checking and verifying
information prior to it's use.
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20. Insurance Requirements. Consultant shall procure and maintain for the duration of the contract insurance as specified
in Section F of the RFP.
21. Agreement Extension. The tern of the agreement may be extended by mutual consent. During this extended period,
lump sum prices may not be increased. During this extended period,hourly billing rates may not increase by more than
the percentage change in the consumer price index for All Urban Consumers (CPI-U), Los Angeles-Long Beach-
Anaheim area. If the period of design exceeds 12 months for any reason other than consultant inablility to perform the
contract fees will be re-negotiated.
22. Consultant Invoices. The Consultant shall submit a monthly statement to the City for work completed, itemized by
task. Statements shall reflect total hours billed and hourly charge rates for extra work and"hourly not to exceed"tasks.
Consultant may not bill against tasks not yet performed.
23. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of
the Consultant as part of the work or services under these specifications shall become the permanent property of the
City,and shall be delivered to the City upon demand.
24. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or
assembled by the Consultant as part of the work or services under these specifications shall be the property of City and
shall not be made available to any individual or organization by the Consultant without the prior written approval of the
City.
25. Copies of Reports and Information. If the City requests additional copies of reports,drawings,specifications,or any
other material in addition to what the Consultant is required to fiunish in limited quantities as part of the work or
services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall
compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense.
26. Termination/Temporary Suspension of Contract. If, at any time during the term of the contract,the City determines
that the project is not feasible due to funding shortages or unforeseen circumstances, the City reserves the right to
terminate the contract or suspend the contract for a time until such issues are resolved. Consultant will be paid
compensation due and payable to the date of termination or temporary suspension.
27. Extra Work/Work Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the original
contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant both
agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a
fee will be established for such work based on Consultant's hourly billing rates or a lump sum price agreed upon
between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the
City Project Manager shall be at Consultant's own expense.
28. Design Errors or Deficiencies. Should the Consultant's designs, drawings or specifications contain errors or
deficiencies,the Consultant shall be required to correct them at no increase in cost to the City..
29. Design within Approved Budget. The Consultant shall be required to design the project so that construction
costs do not exceed the approved construction budget. The consultant is responsible to determine cost
estimates throughout design. The City shall be notified immediately if, at any time during the design, the
Consultant's estimate exceeds the construction budget. At that time the City will either identify additional
funding and direct the consultant to proceed with the design or the Consultant will be required to downscale
the project to fit the budget.
If the price offered by the low bidder for construction exceeds the approved budget by more than 10% the
Consultant may be required to redesign the project at its own expense and/or provide a written explanation
to the City explaining why the costs are higher: If the City finds that the costs are due to reasons beyond
the control of the Consultant, such as an unexpected increase in the cost of materials, then the Consultant
Will not be obligated to redesign the project at its own expense.
FEDERAL CONTRACT PROVISIONS
30. General. The Consultant understands that this project is partially financed by a U.S. Department of Transportation
Federal Transit Administration Section 9 Grant and is subject to all of the applicable terns and conditions of the grant
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agreement and regulations and requirements of the Department. The aforementioned program requires that this contract
and subsequent subcontracts contain the provisions and clauses set forth in this section.
These Federal Contract Provisions shall apply to all work performed on the contract by the Consultant's own
organization and with the assistance of workers under the Consultant's immediate superintendence and to all work
performed on the contract by piecework,station work,or by subcontract
Except as otherwise provided for in each section, the Consultant shall insert in each subcontract all of the stipulations
contained in these required Federal Contract Provisions,and further require their inclusion in any lower-tier subcontract
or purchase order that may in tum be made. The Federal Contract Provisions shall not be incorporated by reference in
any case. The prime consultant shall be responsible for compliance by any sub-consultant or lower-tier sub-consultant
with these required Federal Contract Provisions.
31. Federal Changes. Consultant shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Agreement(Form FTA MA(8)dated
October, 2001) between City and FTA , as they may be amended or promulgated from time to time during the term of
this contract.Consultant's failure to so comply shall constitute a material breach of this contract.
32. Conflict of Interest. No employee, officer, or agent of the City shall participate in selection, or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise
when the employee, officer or agent, any member of his immediate family, an organization that employs, or is about to
employ,has a financial or other interest in the firm selected for award.
The City's officers,employees,or agents shall neither solicit nor accept gratuities,favors or anything of monetary value
from consultants,potential consultants,or parties of sub-agreements.
33. Interest of Members of, or Delegates to, Congress. In accordance with U.S.C. Section 431, no member of, or
delegates to, the Congress of the United States shall be admitted to a share or part of this contract or to any benefit
rising there from.
34. Breach of Contract. A breach of any of the stipulations contained in these Required Federal Contract Provisions shall
be sufficient grounds for termination of the contract and possible grounds for debarment.
35. Conservation. Consultant shall recognize mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42
USC Section 6321 et seq).
36. Seismic Safety Requirements. The consultant agrees that any new building or addition to an existing building will be
designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation
Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent.required by the regulation. The
consultant also agrees to ensure that all work performed under this contract including work performed by a
subconsultant is in compliance with the standards required by the Seismic Safety Regulations and the certification of
compliance issued on the project.
37. Access To Records And Reports. The Consultant agrees to provide the City,the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any books, documents, papers and
records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. Consultant also agrees,pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or
his authorized representatives including any PMO Consultant access to Consultant's records and construction sites
pertaining to a major capital project, defined at 49 U:S.C. 5302(a)l, which is receiving federal financial assistance
through the programs described at 49 U.S.C.5307, 5309 or 5311.
The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts
and transcriptions as reasonably needed.
The Consultant agrees to maintain all books, records, accounts and reports required under this contract for a period of
not less than three(3)years after the date of completion of the project, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Consultant agrees to maintain same until the City,
the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all
such litigation,appeals,claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
38. No Obligation by the Federal Government. The City and the Consultant acknowledge and agree that,
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the
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underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a
parry to this contract and shall not be subject to any obligations or liabilities to the City, Consultant, or any other parry
(whether or not a party to that contract)pertaining to any matter resulting from the underlying contract.
The Consultant agrees to include the above clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub-
consultant who will be subject to its provisions.
39. Program Fraud And False Or Fraudulent Statements And Related Acts. The Consultant acknowledges that the
provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract,the Consultant certifies or affirms the truthfulness and accuracy of any statement it
has made, it makes; it may make,or causes to be made,pertaining to the underlying contract or the FTA assisted project
for which this contract work is being performed. In addition to other penalties that may be applicable, the Consultant
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud
Civil Remedies Act of 1986 on the Consultant to the extent the Federal Government deems appropriate.
The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project that is
financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1)on the
Consultant,to the extent the Federal Government deems appropriate.
The Consultant agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the
subconsultant who will be subject to the provisions.
40. Termination. (Applies To Contracts/Subcontracts Over.$10,000.)
a. Termination for Convenience or Default. The City may terminate this contract in whole or in part, for the
City's convenience or because of the failure of the Consultant to fulfill the contract obligations. The City shall
terminate by delivering to the Consultant a Notice of Termination specifying the nature,extent,and effective date
of the termination. Upon receipt of the notice, the Consultant shall (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to the City's Project Manager all data, drawings,
specifications, reports,estimates, summaries,and other information and materials accumulated in performing this
contract,whether completed or in process.
If the termination is for the convenience of the City, the City shall make an equitable adjustment in the contract
price but shall allow no anticipated profit on unperformed services.
If the termination.is for failure of the Consultant to fulfill the contract obligations, the City may complete the
work by contact or otherwise and the Consultant shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Consultant was not in
default, the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the City.
b. Opportunity to Cure. The City in its sole discretion may, in the case of a termination for breach or default,
allow the Consultant [an appropriately short period of time] in which to cure the defect. In such case, the notice
of termination will state the time period in which cure is permitted and other appropriate conditions.-
If
onditions:If Consultant fails to remedy to City's satisfaction the breach or default or any of the terms, covenants, or
conditions of this Contract within [ten (10) days] after receipt by Consultant or written notice from City setting
forth the nature of said breach or default, City shall have the right to terminate the Contract without any further
obligation to Consultant. Any such termination for default shall not in any way operate to preclude City from also
pursuing all available remedies against Consultant and its sureties for said breach or default.
c. Waiver of Remedies for any Breach. In the event that City elects to waive its remedies for any breach by
Consultant of any covenant,term or condition of this Contract,such waiver by City shall not limit City's remedies
for any succeeding breach of that or of any other term,covenant,or condition of this Contract. .
41. Civil Rights Requirements.
Agreement for Design Services: Bus Maintenance Facility Improvement/Bus —
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ATTACHMENT 1
ATTACHMENT B
(1)Nondiscrimination-In accordance with Title VI of the Civil Rights Act,as amended,42 U.S.C. §2000d, section
303 of the Age Discrimination Act of 1975,as amended,42 U.S.C. §6102,section 202 of the Americans with
Disabilities Act of 1990,42 U.S.C. § 12132,and Federal transit law at 49 U.S.C. §5332,the Consultant agrees that it
will not discriminate against any employee or applicant for employment because of race,color,creed,national origin,
sex,age,or disability. In addition,the Consultant agrees to comply with applicable Federal implementing regulations
and other implementing requirements FTA may issue.
(2)Equal Employment Opportunity-The following equal employment opportunity requirements apply to the
underlying contract:
(a)Race,Color,Creed,National Origin, Sex-In accordance with Title VII of the Civil Rights Act,as amended,42
U.S.C. §2000e,and Federal transit laws at 49 U.S.C. §5332,the Consultant agrees to comply with all applicable
equal employment opportunity requirements of U.S.Department of Labor(U.S.DOL)regulations, "Office of Federal
Contract Compliance Programs,Equal Employment Opportunity,Department of Labor,"41 C.F.R. Parts 60 et 5N.,
(which implement Executive Order No. 11246, "Equal Employment Opportunity,"as amended by Executive Order
No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"42 U.S.C. §2000e note),
and with any applicable Federal statutes,executive orders,regulations,and Federal policies that may in the future
affect construction activities undertaken in the course of the Project.The Consultant agrees to take affirmative action
to ensure that applicants are employed,and that employees are treated during employment,without regard to their
race,color,creed,national origin,sex,or age. Such action shall include,but not be limited to,the following:
employment,upgrading,demotion or transfer,recruitment or recruitment advertising,layoff or termination;rates of
pay or other forms of compensation;and selection for training, including apprenticeship. In addition,the Consultant
agrees to comply with any implementing requirements FTA may issue.
(b)Age-In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended,29 U.S.C.
§ § 623 and Federal transit law at 49 U.S.C. §5332,the Consultant agrees to refrain from discrimination against
present and prospective employees for reason of age. In addition,the Consultant agrees to comply with any
implementing requirements FTA may issue.
(c)Disabilities-In accordance with section 102 of the Americans with bisabilities Act,as amended,42 U.S.C. §
12112,the Consultant agrees that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630,pertaining to employment of persons with disabilities. In addition,the Consultant agrees to
comply with any implementing requirements FTA may issue.
(3)The Consultant also agrees to include these requirements in each subcontract financed in whole or in part with
Federal assistance provided by FTA,modified only if necessary to identify the affected parties.
42. Access Requirement for Individuals with Disabilities. The Consultant shall comply with all applicable requirements
of the "Americans With Disabilities Act of 1990" (ADA), 42 U.S.C. Sections 12101 et seq.; section 504 of the
"Rehabilitation Act of 1973", as amended, 29 U.S.C. Section 794; section 16 of the Federal Transit Act, as amended,
49 U.S.C. app. Section 1612;and the following regulations and any amendments thereto:
a. U.S.DOT regulations, "Transportation Services for Individuals with Disabilities(ADA),"49 C.F.R.Part 37;
b. U.S.DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance,"49 C.F.R.Part 27;
c. U.S.DOT regulations,"Americans With Disabilities(ADA)Accessibility Specifications for Transportation
Vehicles,"49 C.F.R.Part 38;
d. Department of Justice(DOJ)regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services,"28 C.F.R.Part 35;
e. DOJ regulations, "Non-discrimination on the Basis of Disability by Public Accommodations and in Commercial
Facilities,"28 C.F.R. Part 36;
f. General Services Administration regulations, "Accommodations for the Physically Handicapped,"41 C.F.R.
Subpart 101-19;
g. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act,"29 C.F.R. Part 1630;
h. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer
Premises Equipment for the Hearing and Speech Disabled,"47 C.F.R.Part 64,Subpart F; and
i. FTA regulations, "Transportation For the Elderly and Handicapped Persons,"49 C.F.R. Part 609.
Agreement for Design Services: Bus Maintenance Facility Improvement/BusWW-12
10 of 11
_ ATTACHMENT 1
ATTACHMENT B
43. Incorporation of Federal Transit Administration. The preceding provisions include, in part,certain Standard Terms
and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All
contractual provisions required by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby
incorporated by reference.Anything to the contrary herein notwithstanding,all FTA mandated terms shall be deemed to
control in the event of a conflict with other provisions contained in this Agreement. The Consultant shall not perform
any act, fail to perform any act, or refuse to comply with any City requests which would cause the City to be in
violation of the FTA terms and conditions.
Agreement for Design Services: Bus Maintenance Facility Improvement/Bus
llofll
counat 0 16.02
j acEnda Report C
CITY OF SAN LU I S O B I S P O
FROM: John Mandeville, Community Development Directo?'.14
Prepared By: Philip Dunsmore, Associate Planner
SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1417, AMENDING
CHAPTER 2.48 OF THE CITY MUNICIPAL CODE RELATED TO
THE ARCHITECTURAL REVIEW COMMISSION BYLAWS, DUTIES
AND FUNCTIONS; (ARC BYLAWS).
CAO RECOMMENDATION
Adopt Ordinance No. 1417 (2002 Series).
DISCUSSION
On June 4, 2002 the Council of the City of San Luis Obispo voted 4-0 (Council Member Ewan
absent) to introduce Ordinance No. 1417, summarized as follows:
The amendments involve reorganization to Chapter 2.48 of the City's Municipal Code as it
relates to the description of the Architectural Review Commission; it's duties, responsibilities
and functions. The main intent of the amendment is to remove the ARC Bylaws from the
Municipal Code and adopt the Bylaws as a separate resolution. This resolution (resolution no.
9319) was adopted on June 4th, 2002 and is now in effect. Ordinance No. 1417 is now ready for
adoption and will become effective thirty days after the date of its final passage.
ATTACHMENT
Exhibit A: Ordinance No. 1417
Exhibit B: Resolution No. 9319
G:\GROUPS\COMDEV\CD-PLAN\Pdunsmorc\Special Projects\ARC&PC Bylaws\ARC BYlaws CC 2nd.doc
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Exhibit A
ORDINANCE NO. 1417 (2002 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING CHAPTER 2.48 OF THE CITY MUNICIPAL CODE
ESTABLISHING THE CITY'S ARCHITECTURAL REVIEW
COMMISSION
WHEREAS,the Architectural Review Commission held a public hearing on April 15,
2002,to consider amendments and recommended approval of amendments to Chapter 2.48 of the
City Municipal Code establishing the City's Architectural Review Commission and it's Bylaws;
and
WHEREAS, the City Council conducted a public hearing on June 4, 2002 and has
considered testimony of interested parties, the records of the Architectural Review Commission
hearing and action, and the evaluation and recommendation of staff; and
WHEREAS,the City Council has determined that it is necessary to amend Chapter 2.48 of
the Municipal Code; and
WHEREAS, the purpose of the amendments are to remove the bylaws from the Municipal
Code Chapter 2.48 and place the bylaws into aseparate resolution consistent with other City
commissions; and
WHEREAS,the Municipal code Chapter 2.48 requires updates in order to reflect the
current duties of the Architectural Review Commission.
NOW THEREFORE,BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the proposed amendment to the Municipal Code Chapter 2.48 is exempt under State CEQA
Guidelines 15061(b)(3), and reflects the independent judgment of the City Council.
SECTION 2. Findings. That this Council, after consideration of all the evidence makes
the following findings:
1. That the revision to the Municipal Code will allow necessary updates to be
incorporated,therefore listing the appropriate current duties and functions of the
Architectural Review Commission.
2. Removal of the Bylaws from the Municipal Code will allow the creation and adoption
of a separate resolution for the Bylaws that can be easily amended as necessary ,
consistent with other City Commissions.
3. The proposed Changes to the Municipal will not adversely affect the public health,
safety, and welfare of the community since the changes only apply to the functions
and duties of an existing Commission.
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City Council Ordinance No: 1417 (2002 series)
Page 2
SECTION 3. Sections Amended: The following sections of Chapter 2.48 of the Municipal
Code are hereby amended to read as follows:
San Luis Obispo Municipal Code Chapter 2.48
ARCHITECTURAL REVIEW COMMISSION
Sections:
2.48.010 Established.
2.48.020 Findings and policy.
2.48.030 Terms.
2.48.040 Duties.
2.48.050 Projects subject to Architectural Review.
2.48.060 Noncompliance with provisions.
2.48.070 Revocation, expiration and extension of approval
2.48.080 Appeals.
2.48.090 Architectural review procedures.
2.48.010 Established.
There is hereby established the San Luis Obispo Architectural Review Commission consisting of
seven members appointed by the council. Commissioners are compensated at $50.00 per meeting
with a monthly maximum of$200.00.
2.48.20 Findings and policy.
The council finds and declares:
A. That the city of San Luis Obispo is a city with unique characteristics, ideal climate
conditions, spectacular natural vistas, and natural dynamic natural features. It is these
characteristics which attract a significant number of visitors to San Luis Obispo and
which enhance the quality of life of the permanent residents;
B. That all of these factors constitute an important economic base for the city, both for those
who earn their living and for those who visit the city;
C. That the appearance of buildings, structures, and the land, as visible from public streets,
places and ways, has a material and substantial relationship to property values and the
taxability of property in the city;
D. That to protect the economic welfare of the community, it is the policy of the council to
protect, maintain and enhance the social and economic values created by past and present
investments in the community by requiring all future development to respect these
traditions and require that all buildings and structures placed on the land respect the
natural land forms, and become a compatible part of the total community environment,
both in the local neighborhood and the city as a whole;
E. That the policy will be furthered by the creation of an architectural review commission to
develop appropriate standards and guidelines for the use of persons planning future
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City Council Ordinance No 1417 (2002 series)
Page 3
developments, to advise and assist both the developers and the city in applying the
standards, and to review all proposals for future developments to assure conformance
with the policy.
2.48.030 Terms.
A. Commissioners shall be appointed for terms of four years which shall commence
immediately upon appointment by the council.
B. Commissioners shall serve at the pleasure of the council and may be reappointed;
provided, that no appointee shall serve more than two consecutive full terns (eight years).
Appointment to a partial term of office following an unscheduled vacancy shall not
preclude the appointee from serving two consecutive full terms following completion of
the partial term; provided, that the partial term is less than two years.
C. All of the procedures and requirements contained in the council adopted "Handbook for
Advisory Bodies" shall be incorporated in this section by reference.
2.48.040 Duties
A. The commission shall establish appropriate standards and guidelines for the use of
persons planning future developments which are subject to architectural review
commission approval, the standards and guidelines to be set forth in pictorial and/or
narrative form and may illustrate undesirable as well as desirable examples of design. A
document containing the standards and guidelines shall be available for public reference
in the community development department. The commission shall periodically review
these standards and guidelines and may make appropriate amendments.
B. The commission shall make itself available to advise and assist both developers and city
staff in the application of its standards and guidelines to projects during schematic and
development stages.
C. The commission shall review and approve plans for all structures and physical
improvements, and for any relocation, addition, extension, or exterior change to existing
buildings, structures and physical improvements, asset forth in Section 2.48.050.
Approval by the commission must be obtained before a building permit or other city
permit may be issued authorizing construction, alteration, relocation, addition, or
extension. This requirement for commission approval shall not apply to work which the
director determines to be aesthetically insignificant, or minor or incidental. When, in the
opinion of the director, an application for use permit, variance or rezoning may create an
architectural impact contrary to the objectives of this chapter, the director may require
architectural review prior to any required hearing on the application.
2.48.050 Projects subject to Architectural Review.
A. Architectural review shall be required for all structures and physical improvements except
individual built single-family dwellings. The exception for the individual single-family
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City Council Ordinance No: 1417 (2002 series)
Page 4
dwellings shall not apply (1) when architectural review is required as a condition of a
subdivision, use permit or other discretionary entitlement; (2) when a developer proposes
to construct three or more units; (3) when the director determines the site is sensitive as
set forth in the procedures document. "Sensitive sites" shall include, but not be limited to,
open space zoning areas designated by resolution of the planning commission,
architectural review commission or council; (4) where the scale or character of the
proposed dwelling contrasts significantly with adjacent or neighboring structures; and (5)
where any required parking space that is covered is converted to another use and
replacement parking is proposed.
B. Architectural review shall be required for all city financed projects, including,but not
limited to, municipal buildings, park and open spaces and street furniture.
C. Architectural review shall be required for all projects, including individual built single-
family dwellings, located in or along any creek or waterway as defined by the city's flood
plain management policy. Approval shall be granted if a finding can be made that a
project complies with the uniform storm design criteria for waterways, all other
applicable policies and standards for flood plain management, and otherwise satisfies
relevant architectural criteria. Projects involving any building or bridge proposed to be
constructed in or over any portion of any of the four major creeks or waterways, as
defined by said policy, or any major creek modification project shall be referred to
council for review and specific directional guidance prior to any architectural review.
2.48.060 Noncompliance with provisions.
A. In addition to any other fines, penalties or enforcement provisions set forth in this
chapter, failure to comply in any respect with an approved architectural review
application shall constitute grounds for immediate stoppage of the work involved in the
noncompliance until the matter is resolved.
B. An occupancy permit shall not be issued in part or whole for any building or group of
buildings subject to architectural review unless and until the work specified in the
architectural review approval has been completed.
2.48.070 Revocation, expiration and extension of approval.
A. In any case wherein demolition or removal of any existing structure is a part of
architectural review approval, the demolition or removal shall be completed, and all
debris removed from the site, within the specific period of days designated in the
architectural review approval, or the entire architectural review approval shall be deemed
to have expired for cause.
B. Architectural review approvals will automatically expire in one year unless a different
expiration date or unlimited expiration is stipulated at the time of approval. An applicant
may at any time apply to the director for an extension of up to one year; provided, that
approval not exceed a maximum of two years from the date of original approval. The
director may grant the extension if he finds that there has been no substantial change in
the factual circumstances surrounding the originally approved design. The director may
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City Council Ordinance No. 1417 (2002 series)
Page 5
make minor modifications of the approved design at the time of extension. Any further
extension beyond two years from the date of original approval shall require submission of
a new application for architectural review commission approval.
2.48.080 Appeals.
A. Any person may appeal a decision of any official body, except that administrative
decisions requiring no discretionary judgment, as provided in Chapter 1.20, may not be
appealed.
B. Appeals must be filed within ten calendar days of the rendering of a decision which is
being appealed. If the tenth day is a Saturday, Sunday or holiday, the appeal period shall
extend to the next business day.
C. Decisions of the director, as in the case of minor or incidental architectural review
determinations, shall be appealed to the Architectural Review commission. Such appeals
shall be filed with the director.
D. Decisions of the Architectural Review Commission shall be appealed to the council. Such
appeals shall be filed with the city clerk.
E. The appeal shall concern aspecific action and shall state the grounds for appeal.
F. Action on appeals shall be considered at the same type of hearing and after the same
notice that is required for the original decision.
G. Once an appeal has been filed, it shall be scheduled for the earliest available meeting,
considering public notice requirements, unless the appellant agrees to a later date.
2.48.090 Architectural review procedures.
The commission shall adopt the procedures document that sets forth the procedures and criteria for
architectural review. The document shall be published and dated and shall be approved by the
council. A record copy of the current procedures document shall be maintained in the office of the
city clerk and in the community development department. Copies shall be available to the general
public.
SECTION 5. Summary. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage, in
the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
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J-
City Council Ordinance No_ 1417 (2002 series)
Page 6
INTRODUCED on the 4th day of June 2002, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of 2002, on the
following roll call vote:
AYES:
NOES:
ABSENT:
Allen K. Settle,Mayor
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Je ey . Jor ense , i ttorney
G:\GROUPS\COMDEV\CD-PLAN\Pdunsmore\Special ProjecLAARC&PC Bylaws\CH.2.48 Draft Ordinance.doc
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EX031T
RESOLUTION NO. 9319 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING BYLAWS FOR THE ARCHITECTURAL REVIEW
COMMISSION
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain Exhibit "A", entitled"Architectural Review Commission
Bylaws," attached hereto and incorporated herein by this reference is approved and adopted.
On motion of Council Member Schwartz, seconded by Vice Mayor Marx and on the following
roll call vote:
AYES: Council Member Mulholland, Schwartz, Vice Mayor Marx and Mayor
Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was passed and adopted this 4"'day of June 2002.
ayor Allen Settle
ATTES
Lee Price, City Clerk
APPROVED AS TO FORM:
t tto y ffr G. Jorgensen
C4- 9319
Architectural Review Commission By-laws
1. Meetings
A. Regular meetings shall be held at 5:00 p.m. on the first and third Monday
of each month.
B. Agenda items shall be completed by 9:00 p.m. unless the consent of a
majority of commissioners agree to extend the meeting.
C. Regular meetings shall be held in the Council Hearing Room, City Hall,
990 Palm Street, San Luis Obispo, California.
D. In the event that the Architectural Review Commission desires to holdall
or any portion of a regular meeting at a place other than the City Hall, then
the place of such meeting shall be posted on at the doors of the Council
Hearing Room prior to the time designated for the meeting.
2. Election of Officers
A. The commission shall select a chairman and vice chairman from among its
members to serve for a one-year term beginning April 1st of each year.
B. Commissioners shall serve as Chairman or Vice-Chairman at the
discretion of the Commission.
C. The chairman shall preside at all meetings of the commission. The vice
chairman is chairman in the absence of the chairman or in case of inability
of the chairman to act.
3. Conduct of Meetings
A. Commissioners should address questions through the chairperson.
B. Members of the audience should address commissioners or other persons
present through the chairperson.
C. Procedure for reviewing public hearing items:
After roll call the chairperson shall announce to the public the procedures
to be followed to consider the public hearing items and then proceed as
follows:
1. The Chairperson shall introduce the items and ask for oral staff
reports.
2. The staff report previously submitted to the Architectural Review
Commission shall be placed into the record with all
communications received regarding the proposal. Staff reports
shall be submitted for all public hearing items in a form
acceptable to the Commission.
3. The applicant shall be invited to make a presentation on behalf of
the request.
4. Members of the public wishing to speak in favor or in opposition
of the application shall be invited to make a.presentation.
5. The public hearing shall be closed to the public and discussion
confined to members of the commission; provided that the
C4-9
commission may reopen the public hearing at any time prior to a
decision on an item on an affirmative vote if the majority of
those members present.
6. The Commission, upon formal motion, shall take action on the
proposal. The Chairperson shall inform the applicant and public
of the right of appeal and procedures for filing such an appeal.
4. Quorum
A. Four members of the commission constitutes a quorum for the transaction
of business, but a lesser number may adjourn from time to time and
continue the consideration of pending business.
B. No approval or other action of the commission shall become effective
without receiving the affirmative vote of a majority of the members
present.
5. Voting
A. Except as otherwise provided in the San Luis Obispo Municipal Code and
state law, no motion or any other action shall be passed or become
effective without receiving the affirmative vote of at least a majority of
members present. .
B. Failure to receive such an affirmative vote shall result in failure or denial,
as appropriate, of the motion or other action.
C. Except as allowed under the Political Reform Action of 1974, any member
abstaining due to a declared conflict of interest shall not participate in the
discussion of the items or otherwise influence or attempt to influence in
any manner the decision on the item.
D. All members, when present, must vote except when refraining from
participating due to a potential conflict of interest..
6. Public Records
A. Records of all public hearings shall be made available to the public in the
office of the Community Development Department.
B. Secretary—Duties: The secretary shall be a representative of the
community development department, and shall keep minutes of each
meetingand shall record the official action taken. The records of all
proceedings and the basis for all findings shall be available to the council
and to the public.
7. Attendance
A. Any member of the Architectural Review Commission who fails; for any
reason, to attend three (3) consecutive regular, adjourned regular, or
specially-scheduled(excluding Commission site visits) meetings, or a total
of six (6) such Commission meetings within any 12 month period, shall be
reviewed by the Chairperson for possible referral to the City Council.
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8. Filling vacancies and removal of members.
A. Vacancies shall be filled for unexpired terms. The council, by majority
action, may remove any commissioner as provided in the City Charter.
9. Rules, regulations and procedures.
A. The commission may adopt rules, regulations and procedures as required
for the transaction of its business. These rules shall become effective upon
approval of the Council.
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