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HomeMy WebLinkAbout4850-4865RES«OTION NO 4865 (1982 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE 1982 GENERAL PLAN PARKS AND RECREATION ELEMENT. WHEREAS; the General Plan Parks and Recreation Element (first published in November 1981) is a project as defined by the California Environmental Quality Act (CEQA) and the State and City EIR guidelines; and WHEREAS, the Community Development Director determined that carrying out all of the projects recommended in the Parks and Recreation Element may have a significant effect on the environment and required the preparation of a draft and final EIR; and WHEREAS, the draft EIR for the Parks and Recreation Element was published in December 1981 whereupon the Community Development Department established a 45 -day public review period as required by state and city EIR guidelines; and WHEREAS, the Planning Commission and the Parks and Recreation Commission reviewed and considered the draft EIR at public hearings in February 1982 and forwarded the draft report to the City Council without a recommendation for certification; and WHEREAS, the planning staff prepared written response to comments on thee. draft EIR and published the responses in March 1982. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE City of San Luis Obispo as follows: (1) The final EIR for the Parks and Recreation Element is certified as complete and in compliance with the California Environmental Quality Act (CEQA) and the state and city EIR guidelines. On motion of Councilman Dunin, seconded by Councilman Settle and on the following roll call vote: AYE: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOE: None ABSENT None The foregoing resolution was passed and adopted this -15th day of June 1982. R 4865 l PAGE 2 - Resolution No 4865 Attest: P Voges City Clerk Approved as to Form: George Thacher City Attorney ela i Billig Mayor Approved as to content: Po"'t Paul Lanspery City Administrative Officer Toby Ross Community Development Director �i l C A. I_'11 I. . J RESOLUTION NO. 4864 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CUESTA VALLEY PROPERTIES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Cuesta Valley Properties '- is hereby approved and the Mayor is authorized to execute the same.. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: City Finance Director, and.Director of Public Services. , On motion of Councilman Griffin. -_ _ seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this, 15thday of .June 1982. i !C. MA OR L IBILLIG ATTEST: `/" CITY CLERK PAMELA S APPROVED: City Admfinistrat ve 0 ices' i y Attorney 7 Director of Public Services F ance Dir or R 4864 L LA O,l'yl �O /� EXHIBIT "A" ✓, FORM OF AGREEMENT L E A S E THIS AGREEMENT, made and executed this 15th day of June , 1982, by and between the CITY OF SAN LUIS OBISPO, a Municipal r Corporation, herinafter called "City" and Cuesta Valley Properties hereinafter called "Lessee." WITNESSETH: The City hereby leases to Lessee and Lessee hereby hires from the City the hereinafter described real property, on the following terms and conditions: 1. TERM. The lease shall be for a term of eight (8) years, from July 1, 1982, through June 30, 1990. Approximately 43 acres will be available. 2. RENT. The rental shall be fifty cents per.acre per month, payable in advance the first of each month, commencing July 1, 1982, on which date the last month's rent shall also be due and payable in advance. City may withdraw the lease on a thirty (30) days notice in case of non = payment or non - compliance with the provisions of this lease or the terms of gift to the city,. 3: USE. The herein described real property shall be used by Lessee solely for grazing purposes, except that no sheep or rams shall be pastured on the premises. Calf bulls and a limited number of bulls will be permitted. 4. PUBLIC ACCESS. r, Lessee agrees that the public shall at all times have the right to enter upon the real property described herein. 5. DESCRIPTION OF PROPERTY. The real property which is the subject of this lease is described on that certain map entitled "San Luis Mountain Grazing Lease," with a scale of one. inch = 200 feet, showing that the concerned property contains approximately 43 acres. A copy of said map is on file in the Office of the City Clerk and another copy is appended hereto as Exhibit "A" and by such reference incorporated herein and made a part hereof as fully as if set forth below. 6. NON- LIABILITY OF LESSOR. Lessee hereby waives all claims against City for damages to either persons or property, including injury to animals, Lessee, his agents, or third persons in or about said premises, from any cause arising at any time, and Lessee further agrees to indemnify and hold City harmless from any damages or injuries to any person or property arising from the use of the premises by Lessee. 7. FENCES. Lessee agrees to repair and maintain in good condition existing and new fences along the full exterior boundary of said parcel as necessary for grazing purposes. Lessee further agrees to furnish the City with three (3) keys for each lock, for use by the City Police Department, Fire Department and Public Services Department, to provide access to the property through a locked twelve (12) foot wide gate. Lessee further agrees to post the property at intervals approved by the Public Services Department with signs captioned "Animals Grazing - Enter at Own Risk." Lessee shall bear all expense of maintaining fencing in good condition to the satisfaction of the Director of Public Services. OTHER FENCES. The Lessee shall be required to erect additional fences along the exterior boundary of said parcel, as necessary , to completely enclose the premises for grazing purposes. All additional fences shall be installed at Lessee's sole expense. 8. ASSIGNMENT OR SUBLETTING. Lessee agrees that this lease will not be assigned nor the property subleased without the prior written approval of the City Council. The City Council may attach any reasonable conditions to any such approval.. 9. WEED ABATEMENT CONTROL Lessee is aware that one of the considerations of City in leasing said property is to control growth of vegetation on the property, thereby reducing fire hazard, and Lessee agrees to use good grazing practices and to move his animals to designated portions of the premises if requested to do so by the City. Lessee further agrees to eradicate and control weeds on the land, especially spiny clot burr, thistles, hemlock or other type of plant that extends above the normal growth of the pasture land. In the event Lessee fails to eradicate said weeds, then upon ten (10) days written notice by the Director of Public Services, City may eradicate or remove the weeds by contract or with City forces, and Lessee shall pay all costs thereof within ten (10) days after receiving notice of such cost from the City. 10. GRAZING CONTROL. In order to prevent overgrazing, the City may from time -to -time impose a limit upon the number of animals which may be upon the premises and Lessee agrees to abide by said limitation. In order to minimize erosion, a minimum of 1,000 lbs. of dry matter per acre shall remain at the start of the rainy season (November 1). 11. WATER SUPPLY. Lessee agrees to maintain at all times an adequate, potable water supply suitable for grazing needs. IN WITNESS WHEREOF, the parties hereto have executed this lease, in duplicate, on the date first above written. LESSEE:, � r B_r y CITY'OF SAN LUIS OBISPO APP ED: (iZ ]];2F� Ci Administrative qffice4 City Attorney Director of Pu lic Services RESOLUTION NO. 4863 (1982) Series RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO OPPOSING THE STATE OF CALIFORNIA'S "REVERSE BAILOUT" BUDGET PROPOSALS WHEREAS, the Legislative Analyst's office has provided informat:i.on on the impact of the Governor's proposed vehicle licence fee reductions on California cities; and WHEREAS, the city of San Luis Obispo has been informed that the Legislature is also considering the elimination of the cigarette tax subventions to California cities; and WHEREAS, these proposed reductions would reduce the city of San Luis Obispo's revenues by approximately seven nunarea LIIUUaaiiu ($700,000.00); and WHEREAS, such reductions exceed the state's property tax "bailout" received by the city of San Luis Obispo by more than three hundred fifty thousand dollars ($3502000.00); and WHEREAS, these reductions represent a "reverse bailout" at the expense of the city of San Luis Obispo; and WHEREAS, this loss to revenue would place a disproportionate share of reductions on the city of San Luis Obispo and other cities similarly situated; and WHEREAS, these reductions are being considered at a time when the state continues to impose mandated programs on local governments; and Page 1 of 3 R 4863 Resolution No. 4863 (1982 Series) June 15, 1982 WHEREAS, the city of San Luis Obispo believes that all state programs should be treated in a fair and equitable mariner in the face of the state's fiscal crisis. NOW, THEREFORE, BE IT RESOLVED That the city of San Luis Obispo calls upon the Governor and state Legislature to adopt a fair -share approach to the reductions in subventions to local governments; and That any reductions in subventions to cities be based upon a formula that provides for a reasonable revenue'growth in each city's general - purpose fund of a minimum of seven percent for fiscal 1982 -83; and That the city of San Luis Obispo opposes any reduction in ;state subventions to local governments without a corresponding reduction in state- mandated programs; and That a reduction in the subventions to local governments will impair local governments' ability to meet their primary constitutional requirements to provide for basic health and safety services. That the city of San Luis Obispo understands that all governments must share the responsibility for reducing expenditures, but that such reductions must not fall disproportionately upon California's cities. That to this effect, the city of San Luis Obispo calls upon the Governor and the state Legislature to provide cities with subventions at least comparable to those for schools and counties. BE IT FURTHER RESOLVED That a copy of this "resolution be provided to the Governor, each member of the state's Senate, each member of the state's Assembly, and the mayors of the cities of California. 'On motion of Councilman Griffin , seconded by Councilwoman Dovey and on the following roll -call vote, to wit, the foregoing resolution is hereby passed and adopted this 15th day of June, 1982, in the city of San Luis Obispo. Page 2 of 3 1 4863 C Resolution No. (1982 Series) June 15, 1982 ,AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None ATTEST: Tame a Voges, rity lerk APPRO J (W �-C� Paul Lanspery, City Admin trator George Thacher, City Attorney MCB /GG /dkr cc: Governor Edmund Brown, Jr. California State Senate California State Assembly Mayors of California CITY OF SAN LUIS OBISPO Page 3 of 3 4 RESOLUTION NO. 4862 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A TWO -HOUR LIMIT FOR TEN (10) METERED SPACES WITHIN COUNTY PROPERTY AT THE CORNER OF SANTA ROSA AND PALM STREETS. WHEREAS the County of San Luis Obispo has requested and approved.an agreement with the City to install parking meters in the County lot at the corner of Palm and Santa Rosa Streets and, WHEREAS the City must establish:..:_ hours and days of operation for said meters and, WHEREAS the County has requested that parking be limited to two (2) hours, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Establish a two -hour limit for ten (10) metered spaces within County property at the corner of Santa Rosa and Palm Streets. Said two -hour limit to be effective between the hours of 7.00 a.m. and 6:00 p.m. Monday through Saturday. SECTION 2. The City Clerk shall furnish a copy of this resolution to the County of San Luis Obispo, Duane Leib, General Services and the City Engineer. On motion of Councilman Griffin , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 15th day of June , 19 82. R 4862 l Resolution No. 4962 (1982 Series) APPROVED: P �.—f7-)n5 City Administrativ& Offic r City Attorney Finance it ctor r� City qngineer urn C�(J/1 fi � F/ /O W RESOLUTION NO. 4861 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the County of San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: County of San Luis Obispo, Attn: Duane Leib, General Services and the City Engineer. On motion of Councilman Griffin , seconded by Councilman Dunin and on the following roll call vote: AYES: Councidmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 15th day of June , 1982 APPRO Q _ City Ad ini tr t re Of icer City Attorney I. ZLy R 4861 ;.GREE E7dT )! EEN THE CITY OF SAN LUIS 05JISPO , "\iiU rr,� coy „ Y o, I oa I !>o This Agreement 15 en Cered inCO by Cold I)etl 2` fl f.hP_ . i Cy Ot :rl LUi s Obispo, hereinafter referred to as "City" and the County of San Luis Obispo, hereinafter referred to as "County" WHEREAS, County tiyishes to provide for public parking on •its Government Center and WHEREAS, City has the capability to operate and maintain a public parking facility and is willing to provide said service to County. y0';J, THEREFORE, in consideration of the mutual promises :.ontained herein, the parties hereto agree as follows: 1. County hereby assigns to City, the right to operate and control ten public parking spaces, located on the County's Government Center, as graphically shown on Exhibit "B" attached 'hereto and incorporated herein by this reference. 2'. County agrees to maintain the parking lot, of which the above referenced ten public parking spaces are a part, providing for all signing and marking of said ten parking spaces and installing such bases and posts for the installation of parking meters as City may require. 3. County shall retain all rights and duties to the operation, maintenance, and control of the balance of the parking lot of which the hereinabove referenced ten parking spaces are a part. 4. City shall install all parking meter heads, operating and maintaining same, and providing control of said ten parking space's for parking violations. City agrees to enforce on said ten parking spaces a. two hour term parking limit. 5. City shall set rates for said metered spaces Provided said rates are comparable with other parking meter rates withir, the City of San Luis Obispo. All funds received from said parking meters and from the fines for parking violations shall be kept by City per existing regulations concerning same as if said ten parking spaces were located on City property. 6. City further agrees to maintain a record of all funds received from said parking meters, but not from parking violation fines, and make said records available to County upon request. City and County further ;jointly agree as follows: 1. Th';s Agreement may by cancelled by t ?er r,,lr'�:'✓ herer,o ',Jon 'n ri;y written notice to other party. 2. The parties hereto mutually agree. to defend, indemnify and save harmless the other party hereto from any and ali claims, dumands, damages, costs, expenses, or liability occasioned by the performance or the attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or negligent act or emission to act on the part of the other party, or of said other parties, agents, employees, or independent contractors directly resonsible to said party; providing further that the forgoing shall apply-to any wrongful acts, or actively or passively negligent acts or omissions to act, committed jointly or concurrently by the parties hereto. This Agreement shall be effective upon execution by both.parties hereto. COUNTY OF SAN LUIS OBISPO Chairman of the Board of Supervisors Approved by Action of the San Luis Obispo County Board of Supervisors this day of 1982. ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Date: jew AGR#3 /ALLAN AG /CITY /CO/6 -4 Ij,Y /'OF SAN LUIS OBISq A / 1. 1t0 I Approved by— Action of the San Luis Obispo City Council this 15th day Of June , 1982- . ATTEST City/Clerk Pamela log6s APPROVED AS TO FORM AND LEGAL EFFECT GEORGE TH /HER By: City Attorney Date: I r 1 r PA /m f f i -to 1, �Y ri-T - r� \,i'� 1=-- �Jrt..- _.- .__. 2r.•�1'..~t� `"��IX+!'�./ ..NS�IE i r.cp.xir 3.. .:r'-!•��4' � I\7 _ lI /;. � i � �.� r �a 1 ' - � 1 _ ^ @Z "ll'J% • . i-, _ a i i � 1 (f. .U•c5 wit 6`eY `1 Ono t. 1 i -'_ •+ • � - sicrar _; i r � '- c, t- �;i �- -+- f',w"K �!f•.% R'•.fP 1 tt.rly � ti5 t +• • [ t _ I; iG'1� - .. .� • I � +1 V -7 �i! .)' �� i � :�i is .i•i�. I `�v�_`_ —i— •; °l 1\!1 ",•t: �. C+':.cv �+3 (c rim =L� � _ I �-+ra "' ,I�.`i - � t • -c:..: `r� ' U--- - -- - -'— �'L_,-- - - ° - -' .ice.' • - --- - -- - _- .----- �- - - - - -J j - � - .. l—.l ��'I.l —V' f ��• '� /�YW 3`+ �• 1^ `^'._ ''1•l�+{t ��N� c' � � •� y` ' . Il f'JC° I�IyliaC jrp q rili✓� fnL��/D$ ,_°G . - � oN� rvw;�+iv P.`•fi -.I� hc(a i+�F•.`2'11E�j• ' ._ .. - _ _ 0 i' RESOLUTION NO.. 4860 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT--.TO THE SUBDIVISION AGREEMENT FOR TRACT 781, LOCATED AT SOUTH STREET NEAR EXPOSITION DRIVE.. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously granted final approval of Tract 781 as contained in Resolution No. 4112 (1980 Series) and a 13 -month time extension to complete subdivision improvements as per Resolution 4270 (1980 Series). SECTION 2. This Council hereby conditionally approves an additional 13 -month extension of time to install the necessary subdivision improvements subject to approval by the City Attorney of the following: A. Certification by the bonding company that the period of the bonds guaranteeing the improvements are extended to be in compliance with this resolution. B. Subdivider must agree to a modification of the original agreement condition that provides that the City budget funds to install turf and irrigation system in the 1982/83 fiscal year instead of the 1981/82 fiscal year. C. Subdivider must agree to pay the City funds to install turf and irrigation system required per Agreement, Condition No. 2 in excess of $50,000.00. SECTION 3. This resolution shall in no event become effective if the above conditions are not met by October 1, 1982. SECTION 4: The Mayor is hereby authorized to execute a revised agreement after compliance of the above. R 4860 Resolution No. 4860 (1982 Series) I On motion of 'Councilman Griffin seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 15th day of June 1982, and shall become effective upon the satisfaction of the conditions contained in Section 2 above, subject to the limitations set out in Section 3. APPROVED: �a City Administrative fice City Attorney City Ajgineer RESOLUTION 110. ,4111 (1.930 Series) A FTSOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF TRACT 781, LOCATED AT SOUTH STREET NEAR KATY STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Tract 687, of which Tract 781 is the third unit. These findings are contained in Resolution No. 3519 (1978 Series). SECTION 2: Whereas Improvement Bonds totaling $625,800.00 are on file with the City to guarantee installation of subdivision.improvements. SECTION 3. This Council hereby grants approval of the final map of Tract 781 and authorizes the Mayor to execute the agreement. On motion of Flavor Cooper seconded by Councilman Bond _ and on the folloaiing roll call vote: AYES: mayor Cooper, Councilmembers Bond, Billig, Dunin and Jorgensen NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of ',larch 1980. ATTEST.: som. r)TZPA-rM CITY CLERK J.H. FITZP!1TRICK SILY,NN R. COOPER MAYOR LYNN R. COOPER R 4112 Resolution No. 4112 (1980 Series) APPROVED: City Adminiestrative Officer City Attorney �ity Engineer I c 1 RESOLUTION NO. 4270 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE SUBDIVISION AGREEMENT FOR TRACT 781, LOCATED_ AT SOUTH STREET NEAR KATY STREET. . BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously granted final.approval of Tract 781 as contained in Resolution No. 4112 (1980 Series). SECTION 2: This Council hereby conditionally approves a 13 -month extension of time to install the necessary subdivision improvements subject to approval by the City Attorney of the following: A. Certification by the bonding company that the period of the bonds.guaranteeing the-improvements are extended.to be in compliance, with this resolution: B. Developer must agree to a modification of the original Agreement condition that provides that the City budget funds to install turf and and irrigation system in the 1981/1982 fiscal year instead of the 1:980/1981 fiscal year. C.- An additional faithful performance bond in the amount of $94,200 and labor and materials.bond in the amount of $47,100 shall be submitted to cover the extension of time to complete the improvements covered in the original agreement. \, SECTION -3. This resolution shall in no event become effective if the above conditions are not met by December 1, 1980. SECTION 4. The Mayor is hereby authorized to execute a revised agreement after compliance of the above.. R 4270 i �r� ,J Resolution No. 4270 (1980 Series) On motion of . Councilman Munger seconded by Councilwoman Billig._ And on the following roll call vote: AYES: Councilmembers Munger, Billig, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of October 1980,and shall become effective upon the satisfaction of the conditions contained in Section 2 above, subject to the 1 ATTEST: CITY t J.H. FITZPATRICK APPROVED: City Administrajive Officer City Attorney Public Services Director ions set out in Section 3. 5�sb�'���� J Gi �l � �������� �� i II i 7 7 RESOLUTION NO. 4859 (19 Se ies) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A.CONTRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Foothill- Chorro - Santa Rosa Storm CITY PLAN NO. E -04A Drain ESTIMATE: $80,620.00 BUDGET ACCOUNT:l20- 5071 -E04 BIDDER: Fied7julien & Associates BID AMOUNT: $62,715.46 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. .On motion of Councilman Griffin seconded-by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 15th day of June 19 82 ATTEST: p CITY ERK PAMELA VOG S APPROVED: City Administrative Officeir City Attorney Fin hector City Ogine7r 9 R 4859 j— ��ICc�1C'� . e 7 f! RESOLUTION NO. 4858 (19 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Osos:,Street Sidewalk Reconstruction CITY PLAN NO. F -29 Pismo to 185' Northerly ESTIMATE: $ 16,700.00 BUDGET ACCOUNT: 23- 4871- 600(F29) BIDDER: Walter Brothers Construction Co. BID AMOUNT: $10,228.29 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Griffin seconded-by Councilman Dunin , and on the following roll call vote: AYES: Cbuncilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle. the foregoing Resolution was passed and adopted this. 15th- day of June > 19 82 ATTEST: CITY LERK PAMELA V E APPROVED: a Citvy Administrative 0 ficer City Attorney Fi i e or n...,�� City En eer R 4858 Ade-,-/ RESOLUTION NO. 4857 (1982 Series) .A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO (1) AUTHORIZE THE CHIEF OF POLICE TO ENFORCE THE CALIFORNIA VEHICLE CODE IN CITY PARKING FACILITIES AND MAKING PROVISION THEREFOR, AND (2) REQUESTING THE BOARD OF TRUSTEES OF THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT TO MAKE SIMILAR PROVISIONS RESPECTING ITS PARKING FACILITIES WITHIN THE CITY. WHEREAS, the Chief of Police has informed the Council that hazardous driving activities are occurring in public parking facilities throughout the City; and WHEREAS, many of those activities may not be cited and punished absent posting of notice that provisions of the California Vehicle Code apply to operation of motor vehicles in public parking facilities; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Chief of Police hereby is authorized to enforce and apply the provisions of the California Vehicle Code to operation of motor vehicles in City parking facilities. Pursuant to Section 21113 of the California Vehicle Code any such enforcement shall be preceded and facilitated by posting of signs at all entrances of City parking facilities, to read: All provisions of the California Vehicle Code relating to traffic upon streets and highways shall be applicable to traffic upon this parking lot. SECTION 2. The Board of Trustees of the San Luis Coastal Unified School District hereby is urgently requested to direct posting of signs similar to those authorized here on lots maintained at the numerous schools within the City. On motion of Councilman Griffin and on the following roll call vote: , seconded by Councilman Dunin AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle R 4857 Resolution No. 4857 (1982 Series) the foregoing Resolution was passed and adopted this 15th day of June , 1982. ATTEST: v CITY CL RK PAMELA v ES APPROVED: Q CITY ADMINI STRATIVE OFFICER / G4l,� CITY ATTORNEY x.7,87... CHIEFgF POLICE Y01iC`� ���-d o� %rvs��s�SLU C�c,�s� `S 1� c���is����- ' �- - . �i �� �� ��� �� �. RESOLUTION NO. 4856 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DISSOLVING THE JOINT POWERS AGREEMENT OF 1975 BETWEEN THE CITY OF SAN LUIS OBISPO AND THE CALIFORNIA STATE OFFICE OF CRIMINAL JUSTICE PLANNING, REGION P WHEREAS, on February 3, 1975 the City Council, by virtue of Council Resolution No. 2726, entered into a Joint Powers Agreement with the California Office of Criminal Justice Planning, and WHEREAS, the Joint Powers Agreement between the agencies has been in full force and effect from the date of its enactment until the date of this Resolution, and WHEREAS, the Office of Criminal Justice Planning intends to discontinue its services and close the Region P Office as of June 30, 1982. THEREFORE, be it resolved by the Council that the Joint Powers Agreement created by Resolution No. 2726 is hereby terminated, and that the Chairman of the Board, the Director, and the Fiscal Officer are authorized to perform the necessary closing tasks to pay and perform any remaining obligations, and to return any remaining funds to the State Office of Criminal Justice Planning. On motion of Councilman Griffin , and seconded by Councilman Dunin, and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 15th day of June, 1982. ATTEST g.1walt llet� CI I CLERK PAMELA GES R 4856 Resolution No. 4856 (1982 Series) APPROVED: CITY ADMINISTRATIVE OFFICER CITY ATTORNEY -j.VVAww.,,, (a.7-1L. CHIEF F POLICE I SAN LUIS OBISPO AND SANTA BARBARA COUNTIES CRIME CONTROL. JOINT POWERS AGREEIaENT THIS AGREEMENT is entered into by and between the undersigned counties and cities the day and year last written, HHEREAS, the purpose of this agreement is to improve the Criminal Justice System at all levels of government, including the local level. Administration of this agree- vent requires.that these cities and counties join together in presenting programs and requests for funds therefo rr' and to provide local contribution of matching funds; and HHEREAS, Title 1, Division 7, Chapter 5 of the California-Government Code, conmencina at Section 6.500, authorizes the joint exercise by agreement of two or more public aaensies of any power common to them, and the parties hereto all possess the power to study, discuss and irT element policies; procedures and programs to increase the. efficiency and effectiveness of crime prevention, detection and protection, and to join associations and expend public funds for these purposes; and HHEREAS, the parties hereto desire to improve the Criminal Justice System by jointly forming an association for that purpose within the Counties of San Luis Obispo and Santa Barbara, M NOU, THEREFORE, Ili CONSIDERATION of`the execution of this AGREEMENT, the parties hereto agree as follows: 1. Formation Established: A joint association is hereby established to be known as the Central Coast Re- aional Criminal Justice. Planning Board and hereinafter re ferred to as "BOARD" and this BOARD shall be subject to and shall be governed by the By -Laws to be adopted by said BOARD. 2. °embership: The Counties of San Luis Obispo and Santa Barbara and the several incorporated cities within the above - mentioned counties which become signatory hereto constitute the membership of this BOARD. 3: Ilithdrawal: Any party to this Agreement may cease to be a party hereto and may withdravr from membership in the BOARD by the adoption by its legislative body of a resolution of intention. to withdraw and by giving the Secretary of the DOARP written notice thereof at least ninety (90) days prior to the effective date thereof. 4. nuration: This Agreement shall continue in effect until it is terminated by mutual consent of the parties hereto. 5. Effective Date of Anreement: This Agreement shall be effective immediately upon execution by two or more eligible entities. -2- 6. Composition of membership as set parties hereto shall funds under the Safe said BOARD and agree any, to provide matt such programs as may accordance with said of Board: The BOARD shall be composed forth in By -Laws of the Board. All prepare and submit their request fir Streets Act and Amendments through to be bound by their commitment, if hing funds or contributions in kind t�. be approved, and receive funds in Act. 7. Rowers and-Authority: The BOARRD shall receive or transmit any funds and act as a filter and conduit for application for Federal and State funds and shall coordinate and evaluate the programs which receive such funds. Action programs and specialized or specific plann`ie projects will be funded through Federal, State, County, and /or City funds dependent upon the sponsoring agency and other relevant factors. The BOARD may employ or contract for help or enter into a contract with an appropriate governmental entity for staff assistance. Said staff shall be for the purpose of assisting the BOARD in planning, coordinating and evaluating programs proposed or funded.+ under the Safe Streets Act. Expenses incurred for staff assistance to the .BOARD and other administrative expenses of the BOARD shall be funded through Federal, State, County, and /or City funds, provided that no city or county funds may be used without express approval of the noverning board of the city or county furnishing such funds. -3- The BOARD shall contract with ene of the parties to this Agreement to act as fiscal agent for the BOARD. Said fiscal agent shall receive and disburse all funds pursuant to law, 8. Execution: This Agreement nay be executed by signature on this page and those following devoted to such execution or by signature of a copy of this Agreement, together with a copy of the order of the Board of Super- visors, or City Council, authorizing sane and each entity shall receive an executed copy and the original shall be on file with said BOARD. All such signatures shall be attested'to by the Clerk, Secretary or other appropriate officer of the executine entity and shall contain- the date of such signature. CITY OF SA!TA nARBARA Date: By - i iayor ATTEST: Clerk -A- Date: ATTEST: Date • ATTEST: Date: ATTEST: Clerk 0 Clerk Clerk -8- CITY OF PISIO BEACH By _.. Mayor CITY OF SA14 LUIS OBISPO By COUPTY OF SA;1 LUIS OrWIS O By \13 RESOLUTION NO. 2726 (1975 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE -CRIME CONTROL, JOINT -POWERS AGREEMENT AND AUTHORIZING THE MAYOR TO-EXECUTE SAID AGREEMENT AS AMENDED,. BE IT RESOLVED by the. Council of the City of San Luis Obispo as follows: The amended San Luis Obispo and Santa Barbara Counties Crime Control Joint- Powers Agreement- in the form attached to a letter from Ben Z'. Woods, Regional Planning Director, Office Of Criminal Justice Planning, is hereby approved and the Mayor is authorized to execute the same on behalf of the City of San Luis -Obispo. (Letter dated January 28, 1975.) On motion of Councilman -Graham, seconded by Councilman Brown, and on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Norris and Mayor Schwartz NOES: None -ABSENT: None the foregoing Resolution was passed, and adopted this 3rd day of February, 1975. ATTEST: s/. J. H. FITZ.PATRick City- Clerk il. KEN14ETH E. SCHWARTZ MaI I ce.tify that the fc:c , -cin; is a TV:% '�-L" ----d CO!"e-1 CO;l Of a Resolution passed by the City Czu.m.1 of the City of San Luis Obispo, Catilomis, a^ V _71F 3. H: FU PATRICK Cirl Clerk R 2726 >��c/ RESOLUTION NO. 4855 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE REMOVAL OF THE MID - MANAGEMENT /CONFIDENTIAL CLASSIFICATIONS FROM THE GENERAL UNIT. WHEREAS, the City of San Luis Obispo and the San Luis Obispo City Employees' Association agreed to hold an election among the employees in the Mid- Management/ Confidential classifications to decide if they would remain in the General Unit; and WHEREAS, an election by written ballot was held on May 4, 1982, and twenty- one employees out of twenty -five eligible employees voted to remove the Mid- Management /Confidential classes from the General Unit effective July 1, 1982; and WHEREAS, it was agreed the salaries and benefits as negotiated in the M.O.A. will continue in effect for these employees until December 31, 1983; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1982, the Mid- Management /Confidential position classifications designated in Exhibit "A" are removed from the General Unit. SECTION 2. The employees in the Mid- Management /Confidential classifications listed in Exhibit "A" will continue to receive the salary and benefits negotiated for these classifications per Resolution No. 4792. On motion of Councilman Griffin and on the following roll call vote: seconded by Councilman Dunin AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 15th ATTEST: / za CITY ERK PAMELA i(VVOOG/ S day of June , 1982. R 4855 APPROVED: . (P,.�a 4�,� - City Administrative Officer' City Attorney jdin'a6ce 3ector Personnel Director EXHIBIT "A" MID- MANAGEMENT Accounting Supervisor Building and Park Maintenance Superintendent Chief Building Official Supervising Civil Engineer Maintenance Supervisor Recreation Supervisor Senior Planner Street Superintendent Supervising Mechanic Utilities Engineer Utilities Maintenance Supervisor Water Treatment Plant Supervisor Wastewater Treatment Plant Supervisor Water Supply Supervisor Utilities Superintendent Building Maintenance Supervisor Engineering Field Supervisor CONFIDENTIAL Legal Secretary Secretary to City Administrator (Executive Secretary) Personnel Technician Secretary- Personnel Department r-ina.��� RESOLUTION NO. 4854 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING THE CITY OFFICIALS AUTHORIZED TO DEPOSIT AND WITHDRAW SURPLUS CITY FUNDS IN LOCAL AGENCY INVESTMENT FUND (LAIF) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the following city officials are authorized by this resolution to order the deposit or withdrawal of money in the Local Agency Investment Fund: City Administrative Officer City Treasurer Assistant to the City Treasurer On the motion of Councilman- Griffin seconded by _ Councilman Dunin. , and on the following roll call- votes :. AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and, adopted this 15th day of _ June ,'1982. • MAYO ANIE C. BILLIG ATTEST- CITY/CLERK PAMELA U G19S Y t is ie * ;c t t ie ie ie . APPRO Q City Administrative ffice R 4854 =-�% 1'�12.�1 C''� �, %� _, J RESOLUTION NO.. 4853 (1982 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING ROBERTA GODDARD AS ASSISTANT TO THE CITY TREASURER FOR THE PURPOSE OF INVESTING AND REINVESTING SURPLUS MONIES OF THE CITY OF SAN LUIS OBISPO IN SPECIFIED SECURITIES AND TO SELL OR EXCHANGE SECURITIES SO PURCHASED BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Roberta Goddard is hereby appointed as Assistant to the City Treasurer, when the City Treasurer is absent or unavailable; for the purpose of (a) investing such portion of any sinking fund of, or surplus money in, the City Treasury not required for the immediate necessities of the city as she deems wise or ;expedient.in.securities specified in Government Code Section 53601; and (b) to sell or exchange.for other securities specified in Government Code Section 53601, and.reinvest the proceeds of, the securities purchased. Thereafter; Roberta Goddard shall report such transactions to the City Treasurer. On motion of Councilman Griffin seconded by Councilman_Dunin , and.on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle this Resolution was adopted on this _15th day of June , 1982. ATTEST: CITY ERK PAMELA VOG AP VED: c�.�.e City Administrat ve Of ices City Attorney R 4853 12r�� °� RESOLUTION NO. 4852 (1982 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATION FOR THE 1981/82 FISCAL YEAR BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. That the Fire Department operating budget be increased in the amount of $9,800 to provide for unanticipated telephone expenses associated with the 911 emergency phone system. Account No. Description Amount (85) 01- 4104 =041 Fire Department - Telephone Expense $9,800. On motion of Councilman Griffin seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle this Resolution was adopted on this 15th day of June 1982. ATTEST: CITY ERK PAMELA VO Ir , APPROVED: ?� OL City Administrative Offic r City Attorney Finance ire R 4852 9 F RESOLUTION NO. 4851 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING SEWER FUND APPROPRIATIONS FOR THE 1981 -82 FISCAL YEAR BE IT RESOLVED by the Council of the, City of San Luis Obispo as follows: SECTION 1. That the following sewer fund account be increased in the amount stated to provide for wastewater treatment and reclamation plant enlargements: Account No. (90) (EPA 2) 52- 7162 -720 Description Amount Sewer Plant -EPA Improvement_ $330,500 Project Phase .2 SECTION 2. That $41,500 be transferred from the sewer fund capital replacement reserve to provide for the city's portion of the above project. SECTION 3. That est- imated- revenues of the sewer fund be increased in the following amounts to recognize the estimated grant reimbursement for the project: Estimated Federal EPA Grant'Reimbursement - $247,500 Estimated State Grant'Reimbuisement -'$41,500 On motion of, Councilman _Settle seconded by Mayor Billig , and on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1st day of June 1982. ATTEST CITY CLERK q YOR - - - RESOLUTION NO. 485 1 '.982 Series) APPROVED: e"." OL City-Mrnihistrative Officer City Attorney C�e )Finance rector Public Services Director D 0P7��'v o RESOLUTION NO. 4850 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SIXTH AMENDED AGREEMENT WITH KENNEDY /JENKS ENGINEERS FOR CONSULTING ENGINEERING SERVICES IN CONNECTION WITH WASTEWATER TREATMENT AND DISPOSAL FACILITIES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves an agreement with Kennedy/ Jenks Engineers, for consulting engineering services in connection with wastewater treatment and disposal facilities, as set forth in the agreement attached hereto marked "Exhibit 1" and its attached Exhibits. The Mayor is authorized to execute said agreement on behalf of the City. SECTION 2. Copies of said agreement shall be maintained on file in the offices of the City Clerk and the Director of Public Services. The Director of Public Services shall act at Grantee Reviewer and shall forward copies of this resolution and the agreement to appropriate agencies. On motion of Councilwoman Dovey _� ;rsecoiided by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1st day of June , 1982. Y ATTEST: CITY` CLERK Resolution No. 4850 APPROVED: a City Administrative OfTicer /*%o/ City Attorney Public Services Director inance Directo 1982 Series �i %� r , i SIXTi! A.`1ENU ? ".•.;T TO CO::SULTINC :Gi!:'r'! !:I: ;G Si:f yTGE:; I'i C')'::;i((:TIQ:; S:FFP WASTE';ATEit T!'FAT`iENT AND DISPOSAL FACILI 1ES This Sixth !,mendment to Agreement, made and entered into this Ist day of June 1952, by and between. the CITY OF S,VN LUIS OBISPO, California, hereinafter referred to as the "CIT.Y ", and KENNEDY /JETS ENGINEERS, INC. (successor to the engineering practice of Jenks G Harrison, Inc., formerly known as Jenks b Adamson), a California Corporation, herein- after referred to as the "ENGINEER "; W I T N E S S E T H Wil_EREAS, CITY and ENGINEER entered into an AGREEMENT for Consulting Engineering Services in Connection with an Improvements Program for CITY's Wastewater Treatment and Disposal Facilities, said AGREEXENT being in'the form of an ENGIN`EER's Proposal, formally accepted by the CITY on March 31, 1975, said accepted Proposal hereinafter referred to as the "AGREE-KENT ", said AGREEMENT having, been amended subsequently due to requirements for compliance with subsequent regulations of the Clean Water Grant administra- tion agencies and due to scope /development changes in the program; and WHEREAS, the project has been delayed due to approval processes in- volved with the Advanced Wastewater Treatment aspects in connection with the EPA /State Clean Water Grants, and that f -inal approval of the construc- tion grant for the program necessitated division of design and construction of the improvement project for the Wastewater Treatment Plant into two sep- arate Project Units; and WHEREAS, by the terms of the FOURTH AMENDMENT, CITY authorized ENGINEER to proceed with completion of design of the Project Unit No. 1 portion of the improvements, and ENGINEER has completed design of said unit and CITY has received bids and is preparing to construct Unit No. 1; and WHEREAS, CITY desires ENGINEER to proceed with redesign and comp- letion of design work for Project Unit No. 2; and WHEREAS, redesign and new design work for Project Unit N6..2 will .involve extensive effort by ENGINEER in order to accommodate conceptual changes and compliances required by the (State) Division of Water Quality (DWQ), the Clean Water Grants regulatory agency, and such work effort of ENGINEER rep.resents a change of scope in the design services previously contracted for; and WilEP- AS, CITY deems it fair, reasonable and appropriate to authorize additional compensation to ENGINEER for the redesign, new design, and rela- ted Step 2 engineering services for Project Unit No. 2; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree to amend the AGREE`:ENT, and previously approved Amend- ments thereto, as follows: [6th Amend.] - I - I . REDESIGN ' :D NESi D"SICN SERVICES FOR TI: r: I'Rt)Ji {Ci' 1 ;::1'i ::0. 2 PO:'.TIO'; OF TILE WASTE;d:,T ? TRE:1T::iadT PLAT IMPROVEMENTS. Th(! P:PiG ':iii {R boll n_rfor:. =. redesign work and continue to completion the design services in connection with the Project Unit No. 2 portion of the improvements, including the following facility elements: Effluent Structure with Equipment, Screening, Chlorination and Dechlorination Facilities. Step Aerator Structure and Appurtenances. Effluent Pond Improvements. Control House Improvements. Stand -by Power Equipment, Sludge Gas Ehgine- Generator and Structure. Electrical System Improvements, including new service, power, and instrumentation, appurtenant to new facilities. Sitework, access paving, and miscellaneous work attendant to the above. The design services for Project Unit No. 2 shall include all tasks and work effort elements previously contracted for (as Step 2 Engineering) under the terms of the AGP.EEIENT, and applicable Amendments thereto. 2. TI'rft OF COMPLETION. The services by ENGINEER under this SIXTH P "L'ND- MENT TO AGREE`fENT shall be completed within the time periods set forth below, based from commencement as the date of CITY's authorization to the ENGINEER to proceed with the work under this SIXTH AMENDMENT: 10% Design Submittal to CITY and DWQ: 4 weeks Revised Management Plan: .6 weeks 5W' Design Submittal to CITY and DWQ: 10 weeks Final Design Submittal to CITY and DWQ: 17 weeks The revised Draft of the Operations S 2;aintenance Manual for the entire Wastewater Treatment Plant, including improvements to be constructed under Project Units No. 1 and No. 2, shall be submitted to CITY and DWQ within 30 days following award of the construction contract for Project Unit No.. 2. 3. COMPENSATIO`:. Compensation to ENGINEER for services under this SIXTH A.MENDMEN'T TO AGREEMENT shall be on a Cost -Plus- Fixed -Fee (CPFF) basis, as set forth below: 6th Amend.] - 2 - Item! Description _ f Total Estimated Cost (I) SI`;TH AT`. END ?LENT: S 287,000- Design Services for Project unit No. 2 A. Notations: Total TUtaI FI XED ...,. S 42,700- $ 330,500- (1) Total estimated cost is based on estimated man- hours, employee classification, current wage rates, provisional overhead rates on the foregoing and on estimated direct costs as shorn on lines 7, 8, and 9 of EPA Form 5.700 -41, attached hereto. Actual costs shall be based on employees, detailed time sheets, salary rates actually paid employees, .actual overhead costs as determined by audit of ENGINEER's financial records for the year in which the work is accomplished, and on other actual direct costs. (2) Fixed Fee shall mean fixed dollar amount payable to ENGINEER as profit, as defined in EPA regulations, and ident- ified in line 11 of EPA Form 5700 -41, attached hereto. The total fixed fee amounts for this Amendment will be adjusted only if the scopes of work and /or time schedules are revised by subsequent Amendment. (3) Total Budget Estimate shall (2) which is the maximum allowable this Amend -ment without subsequent B. Actual costs shall include: mean sum of columns (1) and compensation payable under ,revision thereto. (1) Actual direct labor costs expended, plus the applicable provisional percentage of direct labor costs set forth below for .Combined Overhead Costs plus direct expenses in connection therewith. Said provisional overhead rates shall apply until modified by subsequent amendment. (2) The Combined Overhead Costs for Kennedy /Jenks Engineers, Inc. are defined as those costs to cover all taxes, payments or premiums measured by or applicable to the time of performance of such Direct Labor, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical /hospital insurance, salary continuation insurance, pension plan costs and pro rata allowances for vacation, sick leave and holiday pay; and furthermore, the Combined Overhead costs include those general and administrative costs, allowable under the cost principles of 41 CFA 1 -15.4 to the ENGINEER during the period of the services. It is hereby agreed that said provisional Combined Overhead rate, based on projected estimates, shall be 147.7 percent on direct wages and salaries paid for work on said projects. [6th Amend.] - 3 - (3) Direct ..:;tie nses incurred by ..:t:ttad.: /J r.rs ....inec:r: <, 7n.c., shall incluL'.e, but not tx li:r.iL(cd to (a) Rental of equipment. (b) Automobiles used intermittently in corJunction with the project will be billed at a rate cf S0.25 per mile. (c) Identifiable communication expenses such as telephone telegraph and cable. (d) Travel and subsistance (per diem) expenses outside the San Francisco Bay Area (except for local based on -site Field Technician; applicable to Fifth Amendment). (e) Subconsultants and subcontractors, including consulting and special technical services, also including charges for physical tests or measurements, performed by others. (f) Special equipment purchased by the ENGINEER as his property and rented to the CITY. (g) Computer rental and use fees. (h) Identifiable reproduction costs such as film.with processing and printing thereof; printing reports, specifications and drawings; record drawing repro- duction, photostats, microfilming, and binding will be paid upon submission of invoices. A11 directly charge- able expenses will.be billed as invoiced and an amount for such items as risk and profit is included in the Fixed Fee. (4) Normal payroll rates are for 40 hours per week. Direct labor costs for non - professional staff will be at an overtime rate of 150 percent of regular rate for all work in excess of 40 hours per week. Direct labor costs for professional staff will be at the current applicable rates actually paid the employee for the time charged to the Project multiplied by the applicable Overhead Cost rates. The ENGINEER shall, at .its sole discretion, determine the need to utilize overtime work in order to meet project schedules... C. Total Budget - Authorization: The Total Budget Estimate for total compensation for services described herein for the Project shall not be increased unless authorized by subsequent Amendment. D. Progress Payments: Progress Pa;­ments will be made monthly by the CITY on approval of an itemized statement from the ENGINEFR which contains actual costs and a prorated portion of the Fixed Fee, as set forth hereinabove. 4. ORIGINAL AGREEMENT AND AMEND ?ENT_ IN FORCE. Except as Amended herein this SI7711 TO AGUE -HENT, the conditions, obligations and benefits of the original AGREE`1 -ENT and subsequent executed Amendments thereto, shall remain in full force and effect. [6th Amend.] - 4 - I',7 t•,ITNESS hii Ri.OF, CITY and have (-..--:f--Cuted this TO ACPT1.E:-':'..'.'T the (I;iv and year first shove written. I CITY OF S.'VN LUIS 03ISPO ATTEST: Ci �y Clerk APPROVED AS TO FORI-1: A - I V4 ..'/. .. City Attorney APPROVED AS TO.tONTENT: City Administrative Of Director of Public Services [6th A=end.] - 5 - KENNEDY/JENKS ENGINEERS, 11"C. S 'or Vice 'President Pr 'l � Vice President/Secretary Exhibit '�&" (Sixth Amendment) NAME OF CONTRACTOR OR SUUZ:O?;T,-4A--TO;R KENNEDY/JENKS ENGINEERS, INC. 10 %lay 1982 S. ADDRESS OF CONTRACTOR OR SUOCONTRACTOR (Include Zip Code) Kennedy/Jenks Engineers 543 Byron Street Palo Alto, CA 94301 C. TYPE OF rERVICE T 0 BE FuRrjtS�ED Additional Step 2 Design Services Necessary for Project Unit No. 2 TA14TP Improvements [Sixth Amendment to Agreement] PART 11-COST SUMMARY 7. DIRECT LABOR (Specify labor categories) MATED T ED TOTALS -Worksheets Submitted- Is Is Plans. Specifications & Estimate 6,7501 Surveys, Site-Recon. 801 Revised Draft Mgt.'Plan/Plan Of Oper. 140 Worksheetsi 103,878- Draft O&M Manual (Entire Plant Facils.) 380 Tech Review Assist: ATAz Misc. 160 DIRECT LABOR TOTAL: 8. INDIRECT COSTS (Specify indirect cost poola) RATE x BASE ESTIMATED COST Is Combined Overhead 103,878 153,428- .1.477� INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS -Worksheets Submitted- a. TRAVEL ESTIMATED COST TRAVEL SUBTOTAL: 690– - b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) OTY COST ESTIMATED COST Identifiable Communications est s 40@2.35 it Sets Reduced Plans: Offset and Bound (150) -Specifications: Bound (150) 4 , 151 EQUIPMENT SUBTOTAL: 99924– C. SUBCONTRACTS (all small purchases-EPA) ESTIMATED COST Soils/Geotechnical: Geotechnical Consultants, Inc. (H-BE-T— S 7,500- Electrical/Instrumentation: E. L. Muszvnski (crig.desgnr) 9,880- Misc. Professional Coisultants(HVAC;Cl,); Archael.) allow !_,5_00-_. d. OTHER ($pecity'cafegatice) ESTIMATED COST OTHER SUBTOTAL: Is e.' OTHER DIRECT COSTS TOTAL: S 30,494– 10. TOTAL ESTIMATED COST S 287,800– 11. PROFIT Prnfit + Margin Fixed Fee S 42,700- iz. TOTAL PRICE Total Esti-ated Price S 330,500- Exhibit '�&" (Sixth Amendment) III - F F: ICE K L T —7; -Work.sheets submitted- PART IV- CERTIFICATIONS 1L- CONTRACTOR 14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTPACT WITHIN THE PAST TWELVE MONTHS' M YES r7 No (11 "Yes" give name address and telephone number of reviewing office) Office of Audit, Western Audit Division U. S. Environmental Protection Agency (415) 556-1954 215 Fremont Street, San Francisco, CA 94105 14b.THIS SUMMARY CONF-ORMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1-15.2 and 1-15.4 14c. This proposal is submitted for use in connection with and in response to (1) request for continuation of services to completion of project by Grantee This is to *certifV to tbd best of my knowledge and belief that the cost and pricing data summarized herein are complete, Current, and accurate as of (2).. 5/10/82 and that a financial management capability exists to fully and accu- rately account for the financial transactions under this project. I further certify that I understand that the subagreement price mav be subject to downward renegotiation and/or recoupment where the above cost and 'determined, pricing data have :been as a result of audit, not to have been complet- , current and accurate as of the date above. (3) 5/10/82 "`s` �- �7<y - DATE OF EXECUTION SIGNWrURE (5F PROPOSER Blaine L. Harrison, Vice President Kennedy/Jenks Engineers, Inc. TITLE OF PROPOSER IA. GRANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth herein and the Proposed costs/price appear acceotable for stil-Ingreement award. DATE Or EXECUTION SIGNATURE OF REVIEWER b RM,;n TITLE Or REVIEWER 16. EPA REVIEWER (11 .ppI,c.w,) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF AEVIE"C= EPA Form.571JU-41 (2 -16) PAGE 2 OF 5 �3 0 o� V u_ O CL g �g�� �LU�� BPiaB d cn a� 0 r. Road Lu Ch 1640 E 0 F U c 0 M u Z 0 m 0 d c a 'o 2 u v CL I T 0 � ` � � �? ; ;. ; its ! � ' � � = `•c Yf3� I �Nti Q N � o a� o � O Q 1 m a J LU C (� C�Mv I I �M 1 � n vJ c cL o t cn 61����l��i 1 I I ( o 0 F U c 0 M u Z 0 m 0 d c a 'o 2 u v CL I T 0