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HomeMy WebLinkAboutResolution 18-90 RES0LUTION NO. 18-90 A RESOLUTION OF THE ATASCADERO CITY COUNCIL AUTHORIZING PARTICIPATION IN THE JOINT POWERS AGREED WITH SAN LUIS OBISPO COUNTY AND CITIES TO UPDATE THE NOISE ELEMENT OF THE GENERAL PLAN WHEREAS, the State mandates the noise element to each locality' s general plan pursuant to Section 65302 of the Government Code; and WHEREAS, the City of Atascadero desires to participate with the County of San Luis Obispo and its component cities in updating said noise element; and WHEREAS, such an approach will lead to lower costs to each participant while enhancing cooperative regional planning. NOW, THEREFORE, BE IT RESOLVED as follows: 1 . The City Council agrees to contribute its pro rata share of total costs in the amount of $6,750.83 . 2 . The City Council agrees hereby directs the Mayor and City Clerk to execute the attached Joint Powers Agreement transmitted by the Department of Planning and Building of the County of San Luis Obispo on February 16, 1990. On motion by Councilmember Shiers seconded by Councilmember Mackey the foregoing resolution is hereby approve on e Tolowing roll call vote: AYES: Councilmembers Lilley, Borgeson, Shiers, Mackey and Mayor Dexter NOES: None ABSENT: None DATE ADOPTED: 2/27/90 y LIN DXXTIrR. MAYOR City of Atascadero, California ATTES . L -DAYRA, -De City Clark APPROVED AS TO CONTENT:. RAYI , City Manager APPROVED AS TO FORM: ,-A xm�o Q ,A O , �it AEE*oTfiey PREPARED BY: HENRY ZNGZ14, Community *velopmerQ Director Department of Planning and Building San Luis Obispo County County Government Center San Luis Obispo California 93408 February 16, 1990 (805)549-5600 Paul C.Crawford,AICP Director Mr. Henry Engen Planning Director CITY OF ATASCADERO P. 0. Box 747 Atascadero, CA. 93422 Dear Mr. Engen: SUBJECT: JOINT COUNTY/CITIES NOISE ELEMENT UPDATE Attached is a Joint Powers Agreement (JPA) between the county and the seven cities to share in the cost of preparation of the Joint County and Cities Noise Element Update. The contractor for this project will be Brown-Buntin Associates, Inc. , who was recently selected by a committee comprised of staff from the county and cities. The cost of this project will be $63,000 (including a community noise survey), which is to be shared among the county and cities on the basis of each jurisdiction's proportion of total county population. Exhibit A attached to the JPA lists each jurisdiction's share of the total project cost. The JPA is similar to the version which was circulated to the cities for review last year. It has already been approved for circulation by our County Counsel. We would appreciate your transmittal of this JPA to your City Council for approval of a resolution executing the agreement. Upon approval, please provide the signatures of the Mayor and City Clerk together with the approval date and resolution number in the space provided in the JPA. Once the JPA is approved by all the cities, we will submit it to the Board of Supervisors for approval together with the contract for preparation of the Noise Element Update. Please call us if you have any questions. Sincerely, NORMA DENGLER General Plan Administration ND/cl/0137-1 and 0138-1(2) 02-16-90 JOINT POWERS AGREEMENT AMONG THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO FOR PREPARATION OF COUNTY AND CITIES NOISE ELEMENT UPDATE/ CONSTRUCTION STANDARDS AND NOISE DESIGN MANUAL/NOISE ORDINANCE REVISIONS THIS JOINT POWERS AGREEMENT is made and entered into this day of , 1990, by and between the COUNTY OF SAN LUIS OBISPO hereinafter called COUNTY, and the cities 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 surveys, studies and plans leading to the development of updates to the Noise Elements 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 duplication 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, 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 MUTUALLY 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. 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. • • • 4. COUNTY and CITIES shall contribute funds in accordance with Exhibit "A", (Cost Contribution Obligation), which exhibit is attached hereto and hereby incorporated herein by reference as though here fully 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 Contract, the Treasurer of the county 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 from the Consultant. 7. Costs of additional work tasks other than those specifically set forth in the Contract between the County and Consultant 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 city 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 S 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 harmless the COUNTY and each other and the officers, agents and employees of each, from any and all claims, demands, damages, costs, expenses or • 0 0 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 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 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 0 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. CITY OF ARROYO GRANDE By: Date: Mayor By: Resolution No. Clerk CITYOFA SC By. _ Date' hl f,01 4Y 1�vd Or -� 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 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: Dater Chairman, Board of Supervisors By: Resolution No. Clerk, Board of Supervisors JOINT POWERS AGREEMENT PROVISIONS APPROVED AS TO FORM: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Dated: MW/hf/cl/1011j/62 07-18-89 EXHIBIT "A" COST CONTRIBUTION OBLIGATION Arroyo Grande 4,175.86 Atascadero 6,750.83 Grover City 3,407.65 Morro Bay 3,010.17 Paso Robles 4,869.51 Pismo Beach 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 the additional service and shall be performed by that county or city or through separate contract(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 transportation 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/lj/1316j 2/06/90