R 2382
------.--,-...--....---
, 22~
i
i 2382
RESOUJ'l.[CI( NO. -
A REOOID1'1C1( OF THE C1'l'f CXDfCIL OF THE C1'l'f OF
ARRtJYO ~ RATIl'YING A JOm ~ ~
~ '11IE a:cN'l'r OF SIIN WIS OOISI.'O AND SE.VI:1f h
COON'l"i CITIES l'OO. l:'REPARA'1'ICI( OF CWN'l'Y AND
CITIES' NOISE ~ UPDI\'l'F/a::nS'mUC'l'ICW
S'l'l\Nt\o\RDS AND NOISE IE>IQf HllHWl.L/NOISE
OODIlWfCE REVISICWS
~. Section 6500, et seq., of the california Govemnent Code ('l'itle
1, Division 7, Chaptet' 5, Article 1) provides for agreements between two or more
public agencies to jointly exet'cise any power carnal. to the contracting parties,
! subject to certain mandatory provisions; and
~, Govemnent Code Section 65300 requires each City to adopt: a lonq
teJ:l1\ general plan which includes a Noise Element; and
WUJ!REIIS, it is desirable that a Joint Noise Element be prepared in order J
to encourage joint cooperation in resolving similar problems.
NCW. ~. BE 1'1' RESOLVED that the City COUncil of the City of Arroyo
Crande hereby authorizes the ratificaticn of the Joint Powers Jlqreement, Exhibit
"A", of the San Luis obispo COUnty and Cities of Arroyo Grande, PiSll'O Beach,
Grover City, Morro Bay, Atascadero, EI Paso de Robles and San Luis Obispo.
en motion of Council MeI1tIer Mx>ts , seconded by Council MeI1tIer Olsen ,
and by the following roll call vote, to wit:
AYES: Council Members Mx>ts, Olsen, Dougall and Mayor Millis
NOES: None
ABSEm': Council M=mber smith
the foregoing Resol uticn was adopted this 27tiday of March 1990.
~~r#f)L
K. MILLIS, Ml\:
A'l"l'ES'l':
l1~a. f;}.,~',u
W\NCk' A. DAV. , CI'lY CLmK
APPROIIED AS '1'0 FORM: .
.
IANSEli. CI'lY MI\NI\GER
I, NAOCY A. DAVIS, City Clerk of the Ci of Arroyo Grande, CoWlty ...)
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Resolution No. 2382, is a true, full and
correct copy of said Resolution passed and adopted at a regular rreeting
of said CoWlcil on the 27th day of March, 1990. .
WITNESS ~ hand and the Seal of the City of Arroyo Grande affixed
this 30th day of March, 1990.
~(J (]. ~..~..u
CITY CLERK h
- - -----
, . . Resolution No. 2382
"
EKHIBIT "A" 223
JOIN'r POWERS AGREEMENT Al10NG THE
COUNTY OF SAN LUIS OBISPO AND THE CITIES
OF ARROYO CRANDR, ATASCADERO, CROVER CITY, F..L PASO DE ROBLES,
MORRO nAY, PISMO BEACH, AND SAN LUIS OBISPO
FOR PREPARA'rION OF COUNTY AND CITIES NOISE ELEMENT UPDATE/
CONSTRUCTION STANDARDS AND NOISE DESICN MANUAL/NOISE
ORDINANCE REVISIONS
THIS JOIN'r POWERS AGREEMENT is made and entered into thia
day of , 1990, by and between the COUNTY OF SAN
LUIS OBISPO hereinafter called COUNTY, and the citiea of ARROYO GRANDE,
ATASCADERO, GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, AND
',,- SAN LUIS OBISPO, hereinafter called CITIES, under and pursuant to Section
6500 et seq., of the Government Code.
WITNESSETH:
WHEREAS , COUNTY and CITIES desire to undertake certain surveya,
studies and plans leading to the development of updates to the Noille
Elementa of their General Plans pursuant to Section 65302 of the
Government Code; and,
WHEREAS, COUNTY and CITIES wish to develop measures which implement
.- ,
the updated Noise Elements of their General Plans such as construction
standards, an informational design manual, and typical zoning
..... . regulations, and 'other standards; and,
.... .
WHEREAS, it will avoid dupl1ca:tion of efforts, minimize expense, and
be of benefit to the citizens of COUNTY and CiTIES to jointly agree for
the execution of one contract for the preparation of updates to the said
Noise Elements of their General Plans and implementation measures; and
'. ,
_____on ---.--.-- --..----.....----
~---_. -
.224'
..
. ,
. .
,
:
i
WHEREAS, the Planning or Community Development Director of each City !
-,,)
and the Director of the County Department of Planning and Building have
reviewed and have had opportunity to comment on the tentative Work
Program for the preparation of the Noise Element updates; and
WHEREAS , BROWN-BUNTIN ASSOCIATES, INC., a California Corporation
(hereinafter Consultant) is engaged in the business of acoustical
consulting and preparation of Noise Elements and represents that it is
qualified to offer its services as consultant in the preparation of said
updates to the Noise Elements and implementation measures;
NOW, THEREFORE, IT IS M1./TUALLY AGREED:
1. The sole purpose of the Agreement is to provide a vehicle by
which the parties hereto may cooperate in the preparation of the updates
to Noise Elements of their respective General Plans and implementation
measures, and no party to this Agreement intends or does hereby assume
any of the debts, liabilities or obligations of any party hereto.
2. The COUNTY, upon approval by the San Luis Obispo County Board of
Supervisors, for and on behalf of COUNTY and CITIES, is hereby designated .. .
and empowered as the party to negotiate and execute a contract with the
Consultant for the preparation of said General Plan Noise Elements and
implementation measures, in an amount not to exceed $63,000. i
,
'-'
3. COUNTY, or such person as the COUNTY may designate, is hereby
designated as the party charged with the administration and enforcement
..
of said Contract on behalf of the COUNTY and CITIES.
-
----
-~._-_.-
. , . 225
.~ . . 4. COUNTY ,and CITIES shall contribute funds in accordance with
Exhibit MAN, (Cost Contribution Obligation), which exhibit is attached
hereto and hereby incorporated herein by reference as though here tully
set forth, for payment of the obligation incurred under the Contract
which is the subject of this Agreement, and none of the parties to this
Agreement shall be liable to any person or agency for the share of any
other such parties: and provided that the liability of COUNTY and CITIES
to contribute funds hereunder shall be limited to the amounts set forth
in -Exhibit -A.-
~ 5. ,The amount of money to be- expended pursuant to said Contract
shall not exceed $63,000 except by written amendment to this Agreement
concurred in by all parties hereto.
6. Prior to execution of the Co~tract, the Treasurer of the county
I of San Luis Obispo shall receive and receipt for all money contributed by
COUNTY and CITIES pursuant to this Agreement. These monies will be
maintained in a trust fund by the Auditor and appropriated to the
Planning Department's budget in the fiscal year when the expenditures - .
occur. Amounts due on the Contract referred to herein shall be drawn
upon warrants of the Auditor of the County of San Luis Obispo. After
termination of this Agreement as provided for in paragraph 11, any
surplus money on hand in the trust fund shall be returned to the parties
to this Agreement in proportion to their contribution made within 45 days
from the date of the final billing trOll the Consultant.
..-..- .
~
226'
, ,
7. Costs of additional work tasks other than those specifically set ..)
forth in the Contract between the County and Consuitant are the
. responsibility of the City or County requesting the additional service
and shall be borne by the COUNTY or CITY electing to have such work tasks
performed. Such additional work tasks shall be performed by the county
or c:1ty desiring them or through separate contract(s) between COUNTY or
CITIES and the Consultant. The costs of such additional work tasks shall
be above and beyond the amounts specified in Exhibit "A" attached hereto
and the maximum expenditure stated in paragraph 5 of this Agreement.
8. COUNTY and CITIES _shall each be responsible for completing at
.
their own expense certain activities, such as reproduction of final
documents, as specified in the Contract.
9. COUNTY and CITIES shall each be responsible for furnishing
information with regard to areas under their jurisdiction for use by the
Consultant including but not limited to the following: traffic counts
and projected future traffic volumes as available for streets listed in "
the Contract, future circulation plans and improvements, any special - . "-
mapping requirements for noise contour maps, desired Noise Element goals
and any preferred policies and implementation measures, and existing
noise ordinances and regulations. ~
10. COUNTY and CITIES and each of them shall indemnify and save
harcnless the COUNTY and each other and the officers, agents and employees
of each, from any and all claims, demands, damages, costs, expenses or
---- --_._-~------ -----
-_.-._-.. -----"
, ,
227
liability arising out of or occasioned by any act or omission to act by
such COUNTY or CITIES pursuant to this Agreement, including, but not
limited to, any act or omission to act on the part of COUNTY'S or CITIES'
agents or employees or independent contractors directly responsible to
COUNTY or CITIES.
11. This Agreement shall take effect upon its execution by the
chairman, or mayor, and clerks of the legislative bodies of the county of
San Luis Obispo and the seven incorporated cities authorized pursuant to
resolutions of such legislative bodies authorizing such execution and ,
,
,
:
L shall continue until COUNTY'S Contract with the Consultant shall have
been fully performed by the parties thereto and until the updates to the
Noise Elements and implementation measures hereunder have been completed
and received by the parties hereto and all the obligations of the parties I
i
hereto have been-performed, whereupon it shall automatically terminate.
12. Entire Agreement and Modification. This agreement supercedes
all previous contracts and constitutes the entire understanding of the
~. . .
parties hereto. No changes, amendments or alterations shall be effective
-
unless made in writing by all parties to this Agreement.
13. Non-Assignment of Contract. No party to this Agreement may
assign, transfer,' delegate or sublet any interest therein.
14. Enforceability. If any term, covenant, condition or provision
of this agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof
~.
-.-.
--
'.'-- . -,~ ----
-"'-._--_.------
2'28"
, .
.
shall remain in full force and effect and shall in no way be affected, "'"
impaired or invalidated thereby.
15. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first hereinabove written.
CI~O?j ,
By: ~., ~~ Date: March 29, 1990
Mayor ."
By: --f}/LM,(f a. ~ Resolution No. 2382
Cler
CITY OF ATASCADERO
By: Date:
Mayor
By: Resolution No.
Clerk
.
CITY OF GROVER. CITY
By: Date:
Mayor
By: Resolution No. '-'
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
By: Resolution No.
Clerk
.--_.---- ---- ~--- -
~~._---
. .
, 229
CITY OF EL PASO DE ROBLES
By: Date:
-.-..- . Mayor
By: Resolution No.
Clerk
CITY OF PISMO BEACH
By: Date:
Mayor
By: Resolution No.
Clerk
\..- CITY OF SAN LUIS OBISPO
By: Date:
Mayor
By: Resolution No.
Clerk
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman, Board of Supervisors
By: Resolution No.
Clerk, Board of Supervisors .- .
JOINT POWERS AGREEMENT PROVISIONS
APPROVED AS TO FORK:
JAMES B. LINDHOIH, JR.
County Counsel
By:
Deputy County Counsel
Dated:
MW/hf/cl/lOllj/62
07-18-89
~
-....- .
------., . .w_.
-, __...~.._..___..,._. .._. _ .".~~'m
2" 3 O'
" .
. . .
. \
i
EXHIBIT "A"
COST CONTRIBUTION OBLIGATION -..I.
Arroyo Grande $ 4,175.86
Atascadero 6,750.83
Grover City 3,407.65
Morro Bay 3,010.17
Paso Robles 4,869.51 ..
Pi 81110 Besch 2,247.60
San Luis Obispo 12,187.73
*County of San Luis Obispo 26,350.65
TOTAL '63.000.00
*County will be responsible for costs of contract adminis-
tration and limited reproduction services as described in the
scope of Work and Work Program exhibit of the contract.
ADDITIONAL TASKS AND COSTS
The following work tasks are not to be included within the scope of
services of the contract between the County and Consultant. These
tasks and any other tasks not specifically set forth in the contract
between the County and Consultant shall be the responsibility of the
County or city requesting tbe additional aervice and shall be
performed by that county or city or through separate contrsct(s) with
the consultant. The cost of such additional service shall be borne .
by the county or cities desiring such tasks, and shall be in addition
to the cost contribution obligation specified above:
1. Analyses of trsnsportation routes and stationary noise sources
that are in addition to those specified in the Scope of Work and
Work Program exhibit of the contract. ....)
2. Meetings and public hearings that are in addition to the three
public information meetings specified in the Scope of Work and . . ..
Work Program exhibit of the contract.
3. Reproduction of documents that are in addition to the type and
number of documents described in the Scope of Work and Work
Program exhibit of the contract.
MW/hf/cl/1j/1316j
2/06/90
----~ ~~~.--- ---- ----~--~-------
----------..-----