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HomeMy WebLinkAbout4781-4799RESOLUTION NO. 4799 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OSISPO APPROVING .1N AGREEMENT BETWEEN THE CITY AND PAUL A. LANSPERY RE IT RGSOLVED by the Council of the City of San Luis Obispo as follows: SECTION; 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herei-n by reference, between the City of San Luis Obispo and Paul A. Lanspery Cs Iieteby approved and the Mayor is authorized to execute the same. S�CT10h '!. The City Clerl< shall furnish a copy of this resolution aiid a cod, of Lhk executed agreement approved by it to: on mot: on of Councilwoman Dovey seconded by Councilman Griffin and on the following roll cal.;. vote:. AYES: Councilmembers.Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None AL'SEN7: None the Puregoing Resolution was passed and adopted this 13th_ day of April , 1982. A'I" 1'li5 i': CC'CY CLERK APPROVED: City Attorney Finance Di tor or R 4799 AGREEMENT AGREED ?ENT BETWEEN THE CITY OF SAN LUIS OBISPO AND PAUL A. LANSPERY WHEREBY CITY PROVIDES HOUSING ASSISTANCE TO LANSPERY CONSISTENT WITH RESOLUTION . NO. 4689 (1981 SERIES) . This AGREEMENT is made and entered into this 21st day of April 1982, by and between.the City of San Luis Obispo, a chartered municipal corporation of the State of California ( "City "), and Paul A. Lanspery, an individual ( "Lanspery "); "collec- tively referred to herein as the "parties "). RECITALS The parties enter into and execute this Agreement with knowledge of and reliance upon the following facts: 1. CITY appointed LANSPERY to the position of City Administrative Officer for the City of San Luis Obispo by Resolution No. 4689 (1981 Series). 2. LAiSPERY accepted employment with CITY for the compensation fixed and established by Resolution. No. 4689 (1981 Series) of the City Council of CITY, subject to the terms and conditions of said Resolution. 3. CITY and LANSPERY desire by this Agreement to implement a portion of Resolution No. 4689 (1981 Series), to wit, subsection J, entitled "Housing Assistance." AGREEMENT NOW, THEREFORE, in consideration of the mutual and respec- tive covenants and promises set forth herein, and subject to all of the terms and conditions hereof, the parties agree as follows: A. To implement subsection J of said Resolution No. 4689 (1981 Ser -ies), CITY and LANSPERY hereby agree to the following terms and conditions for purchase by LANSPERY of that cer- tain real property located at 584 Patricia Drive, San Luis Obispo, California, whose legal description is: Lot 1 in Block F of Tract No. 104 (Ferrini Heights #1), in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the Map recorded June 12, 1956 in Book 5, at page 98 of maps" [Records of San Luis Obispo County, California] hereinafter referred to as "said real property": (1) LANSPERY, by separate instrument, agrees to purchase and take title to said real property for the total purchase price of $164,900 (One Hundred Sixty -Four Thousand, Nine Hundred Dollars), and to assume that certain Deed of Trust with an approximate unpaid balance of $78,300 (Seventy -Eight Thousand, Three Hundred Dollars), bearing interest at the rate of 9 3/4% per annum in favor of Great Western Savings and Loan, payable at $688 per month. LANSPERY agrees that said real property shall be used and occupied by him as his principal residence. (2) CITY agrees to loan LANSPERY the sum of $87,000 (Eighty - Seven Thousand Dollars), subject to the terms and conditions set forth below, and secured by two Deeds of Trust, as set forth below, to assist LANSPERY in purchasing said real property. CITY shall deposit said sum into escrow with First American Title Insurance Co. with. appropriate escrow instructions. (3) On or before the close of escrow of said real property, LANSPERY agrees to execute two promissory notes in the forms attached hereto as Exhibits "A" and "B ", respectively, and two Deeds of Trust in the forms attached hereto as Exhibits "C" and "D", respectively; provided,.said notes and Deeds of Trust shall. contain the following acceleration clause: Beneficiary (or Holder) shall have the right, at its option, to declare all sums secured hereby . immediately due and payable within thirty (30) days after such declaration, if Trustor (or Maker): (a) conveys, transfers or assigns the property or any part thereof, whether by deed, contract of sale, lease with option to buy, or otherwise; or (b) further encumbers said property, which encumbrance jeopardizes Beneficiary's security interest therein, or alienates the property or any part thereof; or (c) leases the property or any part thereof for a term, together with all exercisable options, of one year or more; or (d) suffers his title or any interest-therein to be divested whether voluntarily or involuntarily, or (e) changes or permits to be changed the character or use of the property, including, without limitation, drilling, or extracting oil, gas, or other hydrocarbon substances, or any mineral of any kind or character, (f) makes a gift of any or all of said real property; or (g) if a suit be commenced for the partition or sale of said property. ADDITIONALLY, BENEFICIARY (OR HOLDER) SHALL HAVE THE RIGHT., AT ITS OPTION, TO DECLARE ALL SUMS SECURED HEREBY IMMEDIATELY DUE AND PAYABLE WITH- IN NINETY (90) DAYS AFTER SUCH DECLARATION, IF TRUSTOR (OR MAKER) RESIGNS, OR IS DISMISSED, OR FOR ANY OTHER REASON VACATES HIS OFFICE OR EMPLOYMENT WITH BENEFICIARY. (4) The first promissory note referred to in subparagraph (3) abovb.(Exhibit "A ") shall be in the amount of $59,800 (Fifty - Nine Thousand, Eight Hundred Dollars), and shall be fully paid on or before April 29, 1985 (the. "due date ").. Said note shall be interest free for three years, from and after April 29, 1982. Said note shall be secured by a Second Deed of Trust on .said real property in the.form attached hereto as Exhibit "C ". LANSPERY may prepay said note in whole.or part, without penalty or premium, at any time. (5) Notwithstanding the immediately preceeding,subparagraph, if LANSPERY is still employed by CITY thirty days prior to the due date of the note described in subparagraph (4) above, he shall have the option, which is personal to him, nonassign- able, and nonassumab le, to request that the due date on said note be extended an additional one year. If the request is in writing and filed with CITY's City Clerk, Finance Director, and City Attorney, between one and thirty days prior to the due date of the note, then CITY shall extend the note for an additional one year, subject to the following conditions: (i) the principal sum of $59,800 (Fifty -Nine Thousand, Eight Hundred Dollars) shall accrue interest at the rate of 12% per annum from and after April 29, 1985; (ii) LANSPERY shall make monthly payments of interest only in the amount of $598 (Five Hundred Ninety -Eight Dollars) to CITY on the twenty -fifth (25th) day of each month, commencing May 25, 1985. Furthermore, LA14SPERY shall have the personal, non - assignable, and nonassumable option to request a one- year extension of the due date of the.note described in subparagraph (4) a maximum of five times, including the request for the first extension, provided he is still employed by the CITY at the time of such request and provided he requests each extension in writing and files the same with CITY's City Clerk, Finance Director and City Attorney within thirty days prior to the due date of the note (as it may be extended). If LANSPERY is so employed and does so.request, CITY shall extend the.due date of the note. (6) The second promissory note referred to in subparagraph (3) above (Exhibit "B ") shall be in the amount of $27,200 (Twenty - Seven Thousand, Two Hundred Dollars), shall be payable in installments as hereinafter provided, and shall be fully paid on or before April 29, 1985. Said note shall be interest free. Principal only shall be payable in monthly installments of $200 (Two Hundred Dollars). The first payment of principal shall be due and payable on May 25, 1982, and each successive payment shall be due and payable on the 25th day of each successive month thereafter. The balance of $20,000 (Twenty Thousand Dollars) or such greater unpaid principal amount shall be fully paid on or before April 29, 1985. Said note shall be secured by a Third Deed of Trust on said real property in the form attached hereto as Exhibit "D ". LANSPERY may prepay said note in whole or in part, without penalty or premium, at any time: (7) LANSPERY agrees to pay all taxes on said real property, all utilities, and all assessments, and further agrees to repair and maintain said real property in good condition at LANSPERY's expense. .(8) LANSPERY agrees to, as of the date of the close of escrow of said real property, to provide, maintain and deliver to CITY a certificate of fire insurance, wherein the CITY is named insured, in an amount of not less than $122,000. LANSPERY shall maintain said certificate of fire insurance in full force and effect during the life of the notes and deeds of trust described above. Said certificate of fire insurance shall provide that said fire insurance cannot be cancelled without thirty days written notice to both LANSPERY and CITY. CITY's address for purposes of this subparagraph shall be: City Attorney, City of San Luis Obispo, P.O. Box 321, San Luis Obispo, California 93406. (9) Prior to the close of escrow of said real property, LANSPERY shall provide to the CITY a copy of the Preliminary Title Report on said real property. Within five days after close of escrow, LANSPERY shall provide to CITY (a) a copy of the Title Report on said real property showing title vested (7 � 1 in Paul A. Lanspery and Karen P. Lanspery, subject only to the First Deed of Trust in favor of Great Western Savings & Loan, as described in subparagraph (1).above, and the Second and Third Deeds of Trust in favor of CITY, as described in subparagraphs (4) and (6) above, and such covenants, conditions, restrictions, reservations, rights and rights of way of record, easements and exception of minerals, oil, gas, water, carbons and hydrocarbons on or under said real property, of record as of the date of this Agreement; and (b).an ALTA policy of title insurance in First American Title Insurance Co.'s usual form, issued for the protection of CITY, with a liability of not less than $87,000 (Eighty -Seven Thousand Dollars), showing the two trust deeds in favor of.CITY (attached hereto as Exhibits "C" and. "D ") as liens on said property, subject only to the exceptions set forth above. (10) As further consideration for CITY's.loan to LANSPERY, LANSPERY agrees that should said real property be sold on or before April 29, 1985, (or in escrow on or before April 29, 1985, . and the sale in escrow subsequently consummated), CITY shall share in any net appreciation of equity in the proportion that the sum loaned by CITY to LANSPERY towards acquisition of said real property ($87,000), less any sums of principal repaid by LANSPERY prior to the date of closing of the sale, bears to the total acquisition price of said real.property ($164,900). Net appreciation of equity shall be that sum remaining after payment of the First Deed of Trust in favor of Great Western Savings and Loan (described in subparagraph (1) above), the Second and Third Deeds of Trust in favor of CITY (described in sub- paragraphs (4) and (6), respectively, above), and a real estate commission of no more than six percent (6%), and reasonable termite expenses and escrow costs attributable to the sale of said real property. (11) As between LANSPERY -and CITY, LANSPERY shall have the exclusive right to control and occupy said real property, subject only to CIT.Y's rights under the promissory notes and deeds of trust described above. (12) LANSPERY shall indemnify and hold CITY harmless from and against any and all claims, demands, actions or or judgments arising from LANSPERY's use and /or occupation of said real property, including, but not limited to, any claims, demands, actions or judgments arising from any activity permitted or suffered by LANSPERY in or about said real property. Should any action or proceeding be brought against CITY by reason of any such claim, LANSPERY shall defend CITY at LANSPERY's expense by counsel satisfactory to CITY, upon written notice by CITY to do so, and LANSPERY shall pay all of CITY's costs, attorneys fees, expenses and liabilities incurred as a result of any such action or proceeding. B. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. C. The provisions of this Agreement are severable. If any term or provision is found to be illegal or invalid, such ille- gality or invalidity shall not.effect the remainder of the Agreement. D. This Agreement constitutes the entire agreement between the parties with regard to the matters set forth herein. This Agreement may not be altered or otherwise modified except by writing executed by the parties. E E 0 U d 9 E Q 4 i IT °o M u. } i� IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF SAN LUIS OBISPO A Chartered Municipal Corporation of the State of California �Ie e C. Billig, ATTEST: Pamela voges, Cit Clerk Approved as to form: �I George C. Thacher, City Attorney STATE OF CALIFORNIA COUNTY OF San Luis Obispo ,s. - On April 21, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared Paul A. Lanspery and Karen P. Lanspe.Ly - - - known to me to be the person s whose names are subscribed to the within instrument and acknowledged . to me they that executed the same. WITNESS my hand and a'ndd official seal. Signature an �� / /.v✓'�� Marilyn Perri y � Name (Typed or Printed) (This area for official notarial seat) f Paul A. fore- and conditions ceive there - reasonably agreement. ,. ••1. OFFICIAL SEAL s MARILYN PERRY ', ^� El►' ; NOTARY PUBLIC - CALIFORNIA . =' My Commission, PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY Expires Aug. 12, 1983 (This area for official notarial seat) f Paul A. fore- and conditions ceive there - reasonably agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: Pamela voges, CiX Clerk i �J Approved as to form: George C. Thacher, City Attorney CITY OF SAN LUIS OBISPO °A Chartered Municipal Corporation of the State of California 0 Paul A. Lanspe y I, Karen P. Lanspery, certify that I am the spouse of Paul A. Lanspery, that I have read the terms and conditions of the fore- going Agreement, that I agree to be bound by such terms and conditions to the extent of any and all interests and benefits I receive there- from, and that I agree to execute any and all documents reasonably necessary to effectuate the terms and conditions of said agreement. DATED: Q,gJLC,Q_ alp i qg� K ren P. Lanspery PROMISSORY NOTE SECURED BY DEED OF TRUST For value received, Paul A. Lanspery and Karen P. Lanspery jointly and severally promise to pay the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, or order, at 990 Palm Street, San Luis Obispo, California 93401, or such other location as the holder hereof may, from time to time designate, the sum of Fifty -Nine Thousand Eight Hundred Dollars ($59,800) on or before April 29, 1985. This note shall bear no interest provided it is paid in full on:or before April 29, 1985: Maker shall have the right to prepay this note in whole or in part, without penalty or premium, at any time.. Principal and /or interest are payable in lawful money of the United States. The holder of this note shall have the right, at its option, to declare all sums secured hereby immediately due within thirty (30) days after such declaration, if Maker (a) conveys, transfers or assigns the property or any part thereof securing this note, whether by deed, contract of sale, lease with option to buy, or otherwise; or (b) further encumbers said property, which encumbrance jeopardizes holder's security interest therein, or alienates the property or any part thereof; or (c) leases the property or any part thereof for a term together with all.exercisable options, of one year or more; or (d) suffers his title or any interest therein to be divested, whether voluntarily or involuntarily; or (e) changes or permits to be changed the character or use of the property, including without FM Y H rUT „ „ C; limitation, drilling or extracting oil, gas, or other hydrocarbon substances, or any mineral of any kind or character; or (f) makes a gift of any or all of the property; or (g)' if a suit be commenced for the partition or sale of said property. ADDITIONALLY, HOLDER SHALL HAVE THE.RIGHT, AT ITS OPTION, TO DECLARE ALL SUMS SECURED HEREBY IMMEDIATELY DUE AND PAYABLE WITHIN NINETY (90) DAYS AFTER SUCH DECLARATION, IF PAUL A. LANSPERY RESIGNS, OR IS DISMISSED, OR FOR ANY OTHER REASON VACATES HIS OFFICE OR EMPLOYMENT WITH HOLDER. If action is instituted on this note, Maker promises to pay such sum as the Court may fix as attorneys fees. This note is secured by a Deed of Trust to First American.Title Insurance Co., a California corporation, as Trustee, and the City of San Luis - Obispo, as Beneficiary.. Executed at San Luis Obispo,.California on this day of 1982. aul A. Lanspery Karen P. Lanspery PROMISSORY NOTE SECURED BY DEED OF TRUST For value received., Paul A. Lanspery and Karen P. Lanspery jointly and severally promise to pay the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, or order, at 990 Palm Street, San Luis Obispo, California_ 93401, or such'other location as the holder hereof may, from time to time designate, the sum of Twenty -Seven Thousand Two Hundred Dollars ($27,200) on or before April 29, 1985. Principal only is due and payable in installments of $200 or more on the twenty -fifth ,(25th) day of each month, beginning on the twenty -fifth of P-lay, 1992- The unpaid principal balance is due and payable in full on April 29, 1985. This note shall bear no interest.. Maker shall have the right to prepay this note in whole or in part, without penalty or premium, at any time. Each payment shall be credited to principal. Should default be made in payment of any installment of princpal,when due, the whole sum of principal shall, at the option of the holder of this note, become immediately due. Principal is payable in lawful money of the United States. The holder of this note .shall have the right, at its option, to declare all sums secured hereby immediately due and payable within thirty (30) days after such declaration, i- f.Maker (a) conveys, transfers or assigns the property or any part thereof securing this note, whether by deed, contract of sale, lease with option to buy, or otherwise; or (b) further encumbers said property, which r- %,,14 ar�I 110!! ..y t,i• f 77 e T'' ' fu I'�u f i Ge✓ � C encumbrance jeopardizes holder's security interest therein, or alienates the property or any part thereof; or (c) leases the property or any part-thereof. for a term together with all exer- disable options, of one year or more; or (d) suffers his title or any interest therein to be divested, whether voluntarily or involuntarily; or (e) changes or permits to be changed the character or use of the property, including without limitation, drilling or extracting oil, gas, or other hydrocarbon substances, or-any mineral of any kind or character; or (f) makes a gift of the property or any portion thereof; or (g) if a suit be commenced for the partition or sale of said real property. ADDITIONALLY, HOLDER SHALL HAVE THE RIGHT, AT ITS OPTION, TO DECLARE ALL SUMS SECURED HEREBY IMMEDIATELY DUE AND PAYABLE WITHIN 90 (NINETY) DAYS AFTER. SUCH DECLARATION, IF PAUL A. LANSPERY RESIGNS, OR IS DISMISSED, OR FOR ANY OTHER REASON VACATES HIS OFFICE OR EMPLOYMENT WITH HOLDER. If action is instituted on this note, Maker promises to pay such sum as the Court may fix as attorneys fees.. This note is secured by a Deed of Trust to First American Title Insurance.Co., a California corporation, as trustee, and the City of San Luis Obispo, as beneficiary. Executed at San Luis Obispo, California on this day of 1982.. Paul A. Lanspery Karen P. Lanspery C: de..":o. Escrov :.• :o. G 1— S' 2 2 14 2 T. . Loan WHEN RECORDED i.1.;IL TO: City of San Luis Obispo Attn: Cit•': Attorney 990 Palm St. P. O. Box 321 San Luis Obispo, CA 93406 I SPACE ABOVE THIS LINE FOR RECORDER'S USE - - - DEED OF TRUST WITH ASSIGNMENT OF RENTS (LOf:G FORM) This DEED OF TRUST, made (date) between PAUL A. LANSPERY and KAREN P. LANSPERY herein called TRUSTOR, whose address is (address) (Number and Street) (City) (State) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and CITY OF SAN LUIS OBISPO, a chattered municipal corporation of the State of California herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the City of San Luis Obispo, County of Sari Luis Obispo , State of California, described as: Lot 1 in Block F of Tract No.. 104 (Ferrini Heights #1), in I the City of-San Luis Obispo, County of San Luis Obispo, State of California, according the map recorded June 12, 1956 . in Book 5, at page 98 of Maps Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hcreinaf ter given to and conferred upon Benefi- ciary to collect and apply such rents, issues and profits. For the Purpose of Securing (1 ) payment of the sum of S 59,800.00 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, and (2) the performance Of each agree- ment of Trustor incorporated by reference or contained herein (3) Payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his Successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To Protect the security of this Deed of Trust. Trusror agrees: (t) To keep said property in good condition and repair; not to remove or demolish any building ;hereon; to complete or restore promptly and in good and workmanlike manner any buiidmgwhlch may be constructed, damaged or destroyed thereon and to pay when Due a :l claims for labor performed and materials furnished therefor; to comply with all .laws altecling said property or rec:uiring any alterations or improvements to be made thereon; not to commit Or permit waste thereof; not to commit, suffer or Permit any act upon said property in violation of Ia.-., to cultivate, irrigate; fervliie• fumigate• prune and do all other acts which from the character or use of said Properly may be reasonably necessary• the specific enumerations herein not excluding the general. (2) To pfovirtc, maintain and deliver to Heneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance pol.cy. may be applied by Beneficiary upon any indcbleddl'SS secured hereby and in such order as Beneficiary may determine, or at option of Bene- ficiary the enure amount so collected or any part Ilie'reet may be, released to T.ruslor. Such application or release, shall not cure or waive any default or notice of default hereunder or invalioate any YS done pursuant to such notice.. (3) To appear in and defend any action or pro:eedmg.ourporting to allect the security hereof or the rights or potyers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of iAcence of title and attorney's fees in a. rL•a :Onable Sum, in any such action or proceeding in which Beneficiary Or Trustee may appear, and in any suit brought by Beneficiary I0 .fUo!0Ce i Inn Deed. - 14) To pay: at least ten days befure con-n uency all taxes and rise` %lneniS affection said property. including assessments on appurtenant water stock; when due, all incumbrance:. charges and lien,. wrlh Interest. On Suld property Or any part litercol, winch appear to be prior or superior hereto; all costs, tees and expenses of this Trutt. Should Trustor ta•I to mate any pays ruin! ur t0 u0:u.y ;r.t u', h•,em no,i(lud, Then Hennficiary or Trustee, but wllhoul Obligation so t0 do and without notice t0 Or Demand upon Trusror and'woherul ri•Ieasln'1 Trus :ter from any willnalinn lierepf, may: make Or do the Same In such manner and to such extent as either may deem nett• ":ary to yroeir -1 Inc fr,:uroy hereof, 0enetrL• :0' Or I rusti'e I+•:nir1 au th Uri:.: tJ tV enl•:I uonn said Ir,,wurty Ina such Purpo•1•s: aooear .n and defend any action or Pro - CCe!JrrrgparpDrtir•g tUa!IeLt the SI;LuntV h.:r• .! u, :..t' rift•. t','It pit.,,r. of B...... f,:;lary (it Tru%lvue pay. purrhase. contest or cornprorrow any incumbrance, charge or lien v,fo,ll m till•. luorenent Of either appears In Ile IlrrUr Or su Derr Ur heo,io; a•)(1•.rn ex CrU5h1g ally %UCh,I)OWe'r1. pay necessary expenses• eri counsel and Puy his reason- able fees. (j) To VaV Irnme. b buoy and V :itl.Ual (I!nnnnd all s'.,n;s V, (•. p•-r•f1 •.'I 1•1 Be•r:ehl Ial.y or Truylvr, with ow,v :t from dale Of e'x Pe•nditpfC at the amount UllOwed by far. m effect at the Cat, hereof, :m•J to pa, Ili, any SGilcl n• r❑ pr uvr;Jea 10F by lu:, in cflecl "I the date berrol aegarding the obligation secured hereby any amount a,nI, Nita by in: beoe!lctwl not ,q encer•J t r..rn.n lm:; u. uI!Ur: ••d Iii la(: at 11— till,, wl.en w'd stlpeolt'nt 11 LInloanoe'd. B. It 6'htulually Jnfe'tti (1) That anv ar,aro of L'art)en' n, inn... lion v.w, :lily cond....... at run tpr IaollIIL o%e of or lnlnry to t.alo oroveriv or any part thereof is nereby assioned and Trlail be card to birne6�rarr, r.,lo mar .rppl'r or ,clear :.d:I n.W n'yS IP :ca cp b, him In We Same manner anu wrlrl me same effect as above Provided for disposition of ptp eiTwIS Of frrt• or other Vrsar,OILl' . !21 TF.at n'r a Le ;llrlln'. {. "Vrar e•.1 II! am :. :: rr. sr( :,Irv: '•. •r :iy :I:::" IV. d.••! oat,, br :neflt l:,••: d0,:•, hilt wane his rlPnt eltner to rruuoe prnmpt payment when due of 611 r,• to c— lar•. nl:a .'. r. -, That. a! {'.p I.- O, It,,.., !,.... b, I .•.•• v..: ";. .: 1.,..,...;: In•.m l... anti v:nhn.,t no!tcc, tit nn ... Iltlrn IP : :u CSt of Benef,c,ary and Presentation of this Deed and %a-,; no!,, In, a ^ ^(r S.' ^• t a'•': v..: -," 1 ash. ,,. ". (,..,. ;,. I•,r..;,r ll: i; alley ill :rkv I^•asnn fur payn.cnt oI tht• inovnit- .tiles: v-cor P.: hereby. Trustee may: recomey any ,)bit of seer, brut••.••.: -.•r.. f W 1 'n.:• C•'; r. all, • Ia, I,, I.'i.I: 1'v'•.'o: !n ^• .11 rlannng ,Inv Payt .r.. rtit' t hereun. (it join Ili any extension agreement or any agreement subgrp.na :Ina I....,. ... _ ....: .r .•I 14. 1 nn: ...r. .. py' r.• : :... • I. 1:•"'•''.I ...... ... n t S•': I,n•!J L••whV ha':r 4r••n pnr;t. a vi :,on S:Jrr ^Crr of ihls Deeo and send note t0 Trust" to• La-.: w al.nr .. : -.. ,..._...L.. r.. •.:.r. •. :L,..r :.. : •:..: .r. Ina, t'.uo•.• anti hUpn v..•: ma Ill fo .n i,,", l waste snag. recon"v. wnnout warranty, ter ;,•0o-••1: i•,...• r.. ........._r -o-.• l:.... -: ,•n v: • ,... ,.... of ., °., n.,-;;.n r„ rt.ts sn al hr runt l.,sLe wool of file iv mew ors; thereof. Tile Grantee in such i a - ., .. ., t •.... •- .. n ... .. I,: •n•. rn• rI_ . ro.. anlr a rt ^.or•:,. Cunne file cpnbnu ante Of. tnese Tents. . r. fe T. • . • ••••e, env indebtedness secured hereby t.. a_.... ...... ,.. .. .,. n- a•.:1 :: c n :•.r. : +I- h ^.r rr. - a pit. n!r. r: Upon any such default. to; no r.n. .- .... .. .. . ... .. ••,,. ._ ;.r•. :. .r. „ - I. 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'aalsrul Aq 145no1q ssalun AlleO a Dq Ile4S aalsnll In A.JCU,I.IuaH'lO1;ri j UAUrA w 6111P•Ia]O1d J0 uoil m1 Aue ;o j0 Isn)l n) I"•lo )a41O Aue laPun airs 6ulpuatl ;O Olala4 Ailed Aue A ;4ou of paie5lloo iou SI aalsnll Tire Aq P]p1Anid Se Pao Jae 34gno r apum .I 'p :.6p :lI 0nuyx• pue paln..ivo Adnp 'paao S1Ul u.14A•. 1Sn11 5141 SIOaOx aalsnll 1¢41 (6) 'Ipinll eql sapel]u1 I :,OIUnu lrinbulS a4: Pur 'lai nou m;pue aurinul.l aUl S.,nrl Jul Iaou Bfi.tnlnp•a•ul aql :annual os Ivaluoa a4l Ia Aaua4M 'PDDo 5141 UI 'u,ala4 AletJl3auaq Se rWwl:U IUu to 1a41au-.� AOa1a4 piln]ai :,1011 .41 Ili ;a.1hp;.In 1.u11 "II ?l1, 7.10104 PUP IawAn aul UPDU. pr YS Ajelollauag weal aye 'SU61S be pee LOSS :IJJnt'SIOln?iaa'S101B11'•IUI W[A"1nni. r.lp 'S:• :,lr(, :•I Stl..11 1,..117 •01.Ii..•41 :IIIlrrt ell' Spu1f: IIL` "3011 :aue(L; J,1 UI s:llnul 401 Sa4[lOe lSaa 1141 1r41 (a) 'aalsnll Io I"'Ul In ^..1Ppr Pur awPit ?41 pile OIP,o Jae $1 Marl 1,nO a j.luv abro Our •Dou Plus 'Ianunala4 Mr U1lauag Due aalsnll ' /olsnl l RLLt[u0 aw :O aweu alit wr•IUn] 1•• ^w IU.wnl :Sw we I. ..q no Otte v.",nfl '..'w", ' :Il rli.• '.] 1 V 1 S I1 I-01 '1()SlaJ IDalO aalSr) j aul woll a: ue Aa AUOJ 1M4lIM .1'e vs OUM - saaisnll 10 2.11r111 IUSS:IJ]'K Unn: in un11nl0i4n1 tannin in Innln 4w.m.n1U'I aU IIPllS 'p.yr nil•. 11 All.luvn 011'% a1a4M Saq VM? )o Aluoo3 341 10 la D103J1 B41 10 03-410 au. w P:Jloyy C,UP InLO.1 v -oil +r A'r :. 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"... .- ... .. 1 35 1l 3 -li Von-, 1V.11 141 RIDER TO DEED OF TRUST Trustor agrees to the terms and conditions of that certain Acceleration Clause in the Promissory tote or :dotes of even date herewith made by Trustor, which read(s) as follows: "The holder of this Note shall have the right, at its option, to declare all sums secured her immediately due and payablo within thirty (30) days after such declar- ation, if Maker (a) conveys, transfers or assigns the property or'any part thereof securing this Note, whether by deed, contract of sale, lease with option to buy, or otherwise; or (b) further encumbers said property, which encumbrance jeopardizes holder's security interest therein, or alienates the property or any part thereof; or (c) leases the property or any part thereof for term together with all exercisible options, of one (1) year or more; or (d) suffers his title or any interest therein to be divested, whether voluntarily. or involuntarily; or (e) changes or permits to be changed the character or use of the property, in- cluding without limitation, drilling or extracting oil, gas, or other hydrocarbon substances, or any mineral of any kind or.character, or (f) makes a gift of any or all of the property; or (g) if suit be commenced for the partition or sale of said property. ADDITIONALLY, HOLDER SHALL HAVE THE RIGHT, AT ITS OPTION, TO DECLARE,ALL SUMS SECURED HEREBY IMMEDIATELY DUE AND PAYABLE WITHIN NINETY (90) DAYS AFTER SUCH DECLARATION, IF PAUL A. LANSPERY RESIGNS, OR IS DISMISSED, OR FOR ANY OTHER REASON VACATES HIS OFFICE OR EMPLOYMENT WITH HOLDER." ldHEN RECO ED *.,:,lL TO: Citv of San Luis O'D spo a : Clt�' O C'; teen' 990 PL1m St. P. O. 30:- 121 S.-In Luis C't spo, CA 93•, 06 l� EX;C iDT T G SPACE AP.OVE THIS IIN -L rnR RECOEDER'S USE DEED OF TCUST WITH ASSIGNMENT OF RENTS (LONG FORM) This CFcD OF TPUST, made (dare) PAUL A. LANSPERY and KAREN P. LANSPERY %vhose address is (address) ,N.,ndtr and S1rte1) (Cie,) , ber:+een herein called TP,USTOR, (Slate) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, hereinealled TRUSTEE, and CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California herein called BENEFICIARY, \VITNESSETH: That Trustor grants to Trustee in Trust, %v.ith Power of Sale, that property in the City of San Luis Obispo, County of San 'Luis Obispo State of California, described as: Lot 1 in Block F of Tract No. 104 (Ferrini Heights rl)., in the City of San Luis Obispo, County of San Luis Obispo, State of California,.according the map recorded June 12, 1956 in Book 5, at page 98 of Maps Together v :ith the rents, issues and profits thereof, subject, ho vever, to the right, power and authority hereinafter given to and conferred upon Benefi- ciary to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of S 2 7 200 ., 00 with interest thereon according to the terms of a promissory note or notes of even date herewim made by Trustor, payable to order of Beneficiary, and extensions or rene'.vals thereof, and (2) the performance of each agree- ment of Trustor incorporated by reference or contained herein (3) Ppyinent of additional sums and, interest thereon which may hereafter be loaned to Trustor, or his successors or assigns. when eeidencr_' by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To Protest the srcurily of this Deed of Trust. Trustor agrees: (I) To keep said property in good condition and rroair; not to remove or demolish any b'uildin'g thereon: to complete or restore promptly and in good and wo,km an like manner any b' +Tiding c.hicn'mray be cons tfucted. aarrlu:jld or destroyed tiler eon and to Pai when cue a:f claims for Iad or pert ormed and mldteriais furnished t nerefof; t0 comply vole a!I ldv.s a!fecdn, sairi prcuery or recarrrnn any alterations or Improvement: to be mace thereon; not to commit or permit waste triereot: not IO COmmlit, suffer or permit any act upon ;a:- property in ,,caa:,un of la.t; to cul:n'a:e, irrioale. ferwi. ^_, fumigate, prune and do all other acts which from the Ch2raetaf or use of Sala property may be rea :onaGly n! °_c tar y, the sptclflc enumeration; nefem not t.efuding the yencrill. (2) To Drovrr:e, maintain and deliver to 5enehc,ary Ire:• In:ufance satislactory to and min loss oavablc to Bencliciary. The amount collected under any fire or otn•:r i^. ;-iranr: • Po;.c i may be applltd by EertehUary uu011 any indty ; ^dne :; secured hrrebl• and In s,;ch Orcer as Ul'neliaary may determine, or at option of Bene• fiLlary ir:r: inure amount 5o collected Or art': Pail :r :ertDl may ur' rv;Lwed to i rustor. Such application or reverie sna!I not cure or waive any default or notice of default nereuncef or ,nyahcatt any Y.t donu puf:ua:'.1 tU SiJLn noire L'. (3) To a ;;wc it in and delepd. any action or wr euaing Ourool :my to atfl'ct lilt security hereof or The rights or goner, of Beneficiary or Trustee: and to Pay all LMI; anr) ✓. LCn ;eL,h <i,; d ;ny COS: of (vn :c:ILC of t:Le and d ;tor nry's lees in 'a rca•,unable suln, it airy such a•.:ilatl or pfuccoCmg in t5h+cn Beneficiary or Trustee may auutar, anr, In any yr: ofou,i,it ui ECn L' :r :r•,ry lU foll'LIUtU 1:1 , It.i TO Pap: L: reed Itn dJ'J6. 1,1r1nrt 0,111tuucrKy all lave', and aS :('Y.r P.'ll ;', aff('Lpnn sale, pro {`rrl'i, ufUudlnO a;slY:m('nn On ap PUllPnanl waSCr Stock' when duo, alt If. mgr JnC e;, CnJr y!'s anr: I ........ vn:`• err:. ..,, r•fr S,I:d plppCl IY or any VJrI mercol, +vhlLh :Ip pt Jr to bt prior or ; tenor hereto; ai casts, lees and eRPenSes of UCld Trustor IJ•: la Inbrt a : I,Jvin• :u: 01 to d,) nr.c :..: d', nl /1911 Ul u: r,!cr', ;hilt I: " :rvh, r :uy n, T lu'.I rl'. bur wr11•U.,t otarg.11:on so Ia du and without notice to Dr upr,n rru::Ur a'•'1 +.rtn V•�t f.. ;,.,r -r r.r. : Ir <,rr: , ,!,I rr ;,it even liar: III r rat': mJt t (rr (lil Ihl•'•. J•nr• rn such n,,tnner and Ju ;UCh er,il'n1 at either may Crem n, :r ••;;a ir; pn,t.•r :t 1".. su_urly !.. i�• +!, I:': •.,, 1.:.:., : fir 1 r,:t.',� I,•'r r.:; .,r :InU "r„rl I1, '•r,l•'I upprl'arid I .... I,erit 1r,f '.u(ri Uur,o -A -,: apuear to antl d,'Itnd any al,von or Pro- ;0!1 1 1 1.,- ;_ -.t .: I...,.;•.' '.1'. ,.r {.r.::.. r'. I.f 11• r,r.l :: r ,r, fir T ru!.Itt; Ira':. I,ur(.h ;i :,•. cuni(:tt. Ul Lnlrl:lr(Im: }e arty encumbrance, charge or hen :.• :.'.': :•• t:.... ,,, U•,'•.•'•.: r,! r.. :r,t' :.r : : :'•.. :... I , 1... ;.•.r.r r...•,:; .. r, ;,l e.r'n t,. a•nl, err ,•. (iLr.,lrg n1ty'.Ill'11 pU: :.firs. Ira, nt :e : :Jry C.I•L'nsl's, l'ml) ;ut Counsel and Day his reason - a:,lr. a I•Ai •'.rd •a: r'. a•.'f .. .....,. ^I, n: r; ,dl n. r ,l - "r.r D.'I itr,'..'6( rari I•r l nr. b'r , ,v.pr m1r•rv,,t bum dolt of t•.ur :n :l:lurc nl 1ne amount abowod -ft 1 .:: 11.1' •:.+:•: r'rrr. • .. i.: I•. •..r, 1,.r :r:.r ;I.,'r r•,... . .......rail I", I: -, r.::. n. ('1 h';;1 .r! 11— 040, her i'uf rt -, aft)my the obl,galm,, ;tcur(`d hefrby any amount : :......r r ., .... 1.: I.r.-.,I11 ... Iiir,:.J:h:'n;aril 11.i1r•rr. :•r.I r•. ll•.•In :•n(:rti: 11. l r,.,l nn. r•:...... „! r1......r. :... I::.'. :..I'. .r ". r ..r.•1."..n,r : ".r. I... t' :1.I rt isSr' Ill .,r ,nl.rry tit %,tt: pfnt,, riv or any PJrt tre•reof is hereby assigned and 5•.41 . r.•' I.n..: i...... r.. :.,•. :.'.., ...,r, ....:.:. ,.• ,. ...r .. :.., .....•.... ... -..1 I.. no., I,.,! sa''r•,- r! +.e:n.. I ,:•.,1 will; II, SJ•nt effect as •l;i(,e oluvld(`d for osvosrtion of :.Ire.„•.:. . r, ,.. r, ... , r •.a: ..... ,•....: f...:.•.. ..• ...... .......... ..• ,1.. .i I nr Ir tl. nr.l w.r•.r ! , f L t 1 ithl r Ili re,ju le p n V payment when due +.. � r r m• I i •. ,• ...... r" ' : • :... '... .....: .... .. .,,1 ..r. .,.,:1 ".•r .. ..i'fh «nrlr(i w, .,,I prrsrn:atron Of this D e'eld rJ ., Inr i .. .. ., ..r 1•u...a „9, L. ;rn •.'. v I. -nr.) ne,vt,_ I rust('e may tei -omey any ... r ........ ..... .. ,.. .. r . .r nr, .11. . .r a 11".1. gin. u, ; r. u, an: e.trnvun a',:rremrrlt :or any agreement :....,: ;4­. ,., . r,...n,.r of It's fleet: and said note to Truslea warranty. Ihe:,+lant” in wCh .. .. ....... . ; w.r . a -... a I'lit C inua KP of thetP 7rutts. .. '. .. : •,n" n. ' o! r v morptr: nell sPC WPC nrreov : ,.. ..' : :. .."r O ... L• Ir ^r ]t::. r...r • Ina iM1 .- .. +- .• rt •wl t.:^ rein. riY. n. end prof - . 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TO DEED OF TRUST Trustor agrees to the terms and conditions of that certain Acceleration Clause in the Promissory ;Tote or Notes of even date herewith made by Trustor, which read(s) as follo:!s: "The holder of this Note shall have the right, at its option, to declare all sums secured hereby immediately due and payable within thirty (30) days after such declar- ation, if Maker (a) conveys, transfers or assigns the property or any part thereof securing this Note, whether by deed, contract of sale, lease with option to buy, or otherwise; or (b) further encumbers said property, which encumbrance jeopardizes holder's security interest therein, or alienates the property or any part thereof; or (c) leases the property or any part thereof for term together with all exercisible options, of one (1) year or more; or (d) suffers his title or any interest therein to be divested, whether voluntarily or involuntarily; or (e) changes or permits to be changed the character or use of the property, in- cluding without limitation, drilling or.extracting oil, gas, or other hydrocarbon substances, or any mineral of any kind or character-, or '(f) makes a gift of any or all of the property; or (g) if suit be commenced for the partition or sale of said property. ADDITIONALLY, HOLDER SHALL HAVE THE RIGHT, AT ITS OPTION, TO DECLARE ALL SUMS SECURED HEREBY IMMEDIATELY DUE AND PAYABLE WITHIN NINETY (90) DAYS AFTER SUCH DECLARATION, IF PAUL A. LANSPERY RESIGNS, OR IS DISMISSED, OR FOR ANY OTHER REASON VACATES HIS OFFICE OR EMPLOYMENT WITH HOLDER." RESOLUTION NO. 4798 (1982 Se t,i.es ) RESOLUTION OF APPRECIATION TO BARNEY SCHWARTZ FOR HIS MANY CONTRIBUTIONS TO THE CITIZENS OF SAN LUIS OBISPO COUNTY WHEREAS Banrtey Sehwa,�tz has eompteted twenty yeah. o6 .leadership with the City os Paso Robles; and WHEREAS he has been the guiding 6onee in making Paso Robles the dezitabte community we know .today; and WHEREAS Barney has maintained the highest degree o6 pno6ess.iona.2,ism in h,iz contacts with the citizens o6 the city and county o6 San Luis Obispo; and WHEREAS in addition to his many years o6 setv.ice to the community in a variety o6 di55enent ways; and WHEREAS Barney has a&ays adm.ivuste -ted his position with pno6ess.iona.eism, ,e6 b.ic i.ency and d.iptomacy; and WHEREAS he has been instnumentat in achieving the development and guwth_06 the city 06 Paso Robles cou ,.tent with the dezitu o6 its n.es.idewts; and WHEREAS Banney's seAv.ice has gone beyond the boundah,ies o6 Paso Robles with his Heady assistance to other communities in our County, NOW, THEREFORE, The City Council o6 the City o6 San L uis Obispo does hereby nesotve as sotlows: SECTION 1. The City Council o6 San Luis Obispo congratulates Ba,zney Scluua,'Ltz son Gus many years o6 senv,iee and commends him bon htiiz many aceompZishments to the community and the citizens o6 San Lui,5 Obispo County. SECTION 2. The City Council extends ltb hope bon a continued 6ult Zi6e o6 health and contentment and dedicated activity to Barney Sehwuantz and Gus retitement. On motion o6 Councilwoman Dovey, seconded by Councitman Dunin, and on the 6ottowing roll earl voter AYES: CouncilmembvL6 Dovey, Dunin, Gni.66.in, Settle and Mayor Melanie B.iZUjc NOES: NONE' ABSENT: NONE the 6onego.ing Resolution was passed and adopted this 13th day 96 Apn.i2, .1982. C.le).h P7am eta I,Voaes 0 Pr RESOLUTION NO. '4797 (1982 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A COUNCIL SUBCOMMITTEE TO WORK WITH MOBILEHOME PARK OWNER AND TENANT REPRESENTATIVES TO ATTEMPT TO RESOLVE LONG RANGE OWNER- TENANT RELATIONS OVER CONDITIONS OF TENANCY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby establishes a City Council subcommittee to work with mobilehome park owner and tenant representatives toward long range solutions of matters affecting the owner- tenant relationship. Particular attention should be given to the development of a model lease agreement, the provisions of which should address: a) the specific terms of years of the lease period; b) the assumability of the lease by new owners or tenants; c) the renewability of the lease agreement; and d) Other areas of concern. SECTION 2. The Mayor hereby is authorized to appoint two members of this Council to serve on the subcommittee. SECTION 3. The subcommittee may be abolished at any time by this Council by resolution or by oral motion duly made and passed. On motion of Couacil:man:- .Griffin; seconded by Councilman 1e and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of App, 1982. Page 1 of 2 R 4797 Y r _ RESOLUTION NO. 4797 (1982 Series) ATTEST: t CI CLERK Approved: City Administrative ffice City Attorney Page 2 of 2 M �1 J RESOLUTION N0. 4796 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR MINOR SUBDIVISION 79 -274 LOCATED AT 608 - 636 HOWARD STREET WHEREAS the subdivider requests a six -month time extension to receive approval of his final map; and WHEREAS the Planning Commission found that a twelve -month time extension was , justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Minor Subdivision 79 -274 is granted a'twelve -month time extension to February 19, 1983, subject to original tentative parcel map findings, exceptions and conditions as specified in City Council Resolution No. 4103 (1980 Series) attached hereto.. On motion of Councilwoman Dovey , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of April , 1982. ATTEST: Cit Clerk ame a ges N R 4796 Resolution No. (1982 Series) Minor Subdivision 79 -274 Page 2 APPROVED: City Administra ive 04f iceP Yyi� City Attorney Interivh/Ccq4nity Development Coordinator RESOLUTION N0. 4103 (1980 Series) A RESOLUTIdN OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE `[AP FOR 11INOR SUBDIVISION 79 -274, LOCATED AT 608 -.636 HOWARD STREET, SUBDIVIDERS: WILLIA1.1I'M RUSSELL THUHAS BE IT RFSOLVED.by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No: 79 -274 and the .Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan 2. The site is physically suited for the proposed type and density of development which is permitted by the R -2 zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of property within the proposed subdivisions. SECTION 2. That the Council makes an exception to accept a W. radius cul -de -sac (instead of 50' radius) based upon the following findings: 1. The variance granted does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. 2. Because of special circumstances, notably the configuration of the existing right of way, the strict literal application of the subdivision ordinance would deprive the property of privileges enjoyed by other properties in the vicinity. 3. Under.the' circumstances of this particular case, the variances requested carry out the spirit and intent of the subdivision ordinance. SECTION 3. That the approval of the tentative map for Minor Subdivision 79 -724 be subject to the following conditions: 1. A temporary waiver of sidewalk installation is hereby granted, subject to the subdivider - signing a covenant agreement stating that sidewalk improvements shall be in <;talled within 30 days after notice by the City Engineer. 2. Final map shall show existing sewer line and easements over it to the satisfaction of the City Engineer. . On motion of Councilman Jorgensen, seconded by Councilman Bond,, and on the rul.l.owing roll. call vot,.: ^ esolution No. 4103 (1980 Series) MIS 79 -724 Page Two AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper NOES: None ABSENT: Councilwoman Billig The foregoing Resolution was passed and adopted YTip 19th day of February, 1980. ATTEST: Approved: City Administrate e Officer A/1),� City Attorney C:7- Community Development. Director s' 4 i �l ��� �.� RESOLUTION N0. 4795 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR MINOR SUBDIVISION 79 -258 LOCATED AT 620 PARR AVENUE WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Minor Subdivision 79 -258 is granted a twelve -month time extension to March 18, 1983, subject to original tentative parcel map findings,_ -exceptions and conditions as specified in City Council Resolution No. 4129 attached hereto. On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of April 1982. ATTEST: City Clerk Pamela V r_ M or anie C. Billig 0 R 4795 \J Resolution No.4795(1982 Series) Minor Subdivision 79 -258 Page 2 APPROVED:. C."t Q `, City Administrative Ofl icer City Attorney yi'CInt unity Development Coordinator \ RESOLUTION NO. 4129 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE �IAP FOR MINOR SUBDIVISION 79 =258, LOCATED AT 620 PARK STREET BE IT RESOLVED by the Council.of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration.of the tentative map of Minor Subdivision No. 79 -258 and the.Planning Commission's recommendat- ions, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan 2. The site is physically'suited for the proposed type and density of development which is permitted by the R -d zone_ 3.. The design -is not likely to cause substantial environmental damage or cause serious public health problems -. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of property within the proposed subdivisions. EXCEPThONS: The following lot depth exceptions are hereby approved, based upon the findings below: 1. Parcels land 2: 89.83 feet lot depth where 90 feet is normally required. a. The variance granted does -not constitute a.grant of special privilege .inconsistent with the limitations upon other properties in the same vicinity. b. Because of special circumstances, notably the configuration of the existing parcel, the struct literal application of the Subdivision Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity.- C. Under the circumstances of this particular case, the variances re- quested.carry out -the spirit and intent of the Subdivision Ordinance. SECTION 2. That the approval of the tentative map.for Minor Subdivision 79 -258 be subject to the following conditions: 1. The final map shall contain the following note: R 4129 Resolution No. 41.29 Page 2. "Private sewer.pumps may be needed to provide sewer service to Parcels.1 and'2. Buildings. on Parcels 1 and 2 shall be-designed to.minimize or eliminate the need.for private sewer pumps." 2. Existing water service pipe for property not a part of this subdivision shall be removed; or an appropriate easement provided over the pipe to th.e approval.of the City Engineer. 3.. The final map shall contain,the following note: "No construction shall be allowed on Parcel 3 until such time as an adequate fire hydrant is provided by the subdivider. On motion of Councilman Bond seconded. by Councilwoman Billig and on the following roll call vote: AYES:. Counc imembers Bond., Billig, Dunin and Mayor Cooper NOES: None ABSENT:, One Vacancy The.foregoing Resolution was passed and adopted this 18th day of march 1980. AWN R: COOPER Mayor L y ynn R. Cooper ATTEST: so H. F(TZPATRICit - City Clerk J.H. Fitzpatrick Resolution No. 4129 Page 3 APPROVED: City Admtnisti4ative Officer City Attorney Community DeVlopmentCD`rector- cJ� �� /�� 1 (� ��� � RESOLUTION NO. 4794 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MR. LEO M. EVANS, HELOISE S. BERRY, AND MARGARET L. EVANS — BRIZZOLARA STREET WATER LINE $25,000 QUARTERLY PROGRAM. 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 Leo M. Evans, Heloise S. Berry and Margaret L. Evans 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: Mr. Leo M. Evans, Heloise S.Berry and Margaret L. Evans, and also to the Director of Public Services, the Utilities Engineer, the City Engineer, the Finance Director, and the Fire Chief. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilman Griffin 3 AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April 1982. ATTEST: CIX CLERK PAMELA V GES MAYOR LANIE C. BILLIG R 4794 0 Resolution No. 4794 DPROVED: City Administrative Officer City Attorney Public Services Director 1.1til�ities Engineer Finance Di ec or (1982- Series) r ;r EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY ! 32r'C.ul- THIS AGREEMENT, dated April 6 19 2, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS `a- municipal corporation, hereinafter called "City ", and Leo M. Evans, Helvise S. Berry and Margaret L. Evans, the fee owners and developers of the real property described in Exhibit "B" (attached), City of San Luis Obispo, hereinafter called "Developer ". WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to design and contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 4293, adopted on October 28, 1980, which resolution is made a part of this agreement as though specifically set forth herein: _ a. Construction of approximately 620 feet of 10 inch diameter water line in Brizzola Street from Nipomo Street to the northerly corner of the property described in Exhibit "B ". b. Installation of one fire hydrant with connecting lateral and related facilities. c. This project including inspection, engineering, and administration thereof is to be partially financed by the City under provisions of Resolution No. 4293, otherwise known as the "$25,000 Quarterly Funding Program ", to the extent that said funds are available from the second Quarter of the 1981 -82 program. d. The total estimated cost of this project including engineering, inspection and administration is $32,200 of which the City's agreed contribution is to be $25,000; the Developer agrees to pay the balance, ($7,200 estimated) or the cost of one fire hydrant installation, whichever is greater. 2. Said water system improvements have been determined necessary to provide adequate dependable fire protection for developemnt of the property described in Exhibit "B ". 3. City agrees to prepare plans and specifications providing for the above described installation to City standards and to call for bids, award a contract and administer the contract in accordance with the provisions of Section 724 of the City Charter. 4. Developer agrees to pay the following amounts as his share of the costs for said improvements: a. At the time of signing this agreement, a deposit in the sum of $3,220 which represents 10% of the estimated total cost for the project. b. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for the balance of his share of the actual engineering, administration and contract cost of the project as described in Section 1, paragraph d, above, and as adjusted to conform with the unit prices of the lowest acceptable bid. It is understood that if said balance is not paid to the City within thirty (30) days after notification of the determination of the cost of said work, no improvements will be made and the deposit will be forfeited and retained by the'City. U c. The cost ofd ,l change orders or other unant, �.pated expenses occurring during the course of the project shall be padi by the developer within 15 days after notification thereof by the City; changes resulting in cost decreases shall be credited to the developer. 5. For planning purposes, the City estimates that the water system improvement will be completed within five (5) weeks after the contract is awarded, and City agrees to use due diligence in seeking timely contract performance. However, the parties recognize that City cannot guarantee timely performance, and developer agrees that City shall not be responsible for any loss incurred by it as a result of delays in contract completion. Developer also agrees to hold City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 6. Developer agrees that he will not seek a certificate of occupancy, and he will not permit others to occupy, the project to be constructed by him upon the. real.property referred to herein prior to the completion of the water system improvements construction contract unless written permission to 'do so is obtained from the Fire Chief. 7. This agreement, shall be binding upon; and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SAN LUIS OBISPO: ATTEST: C Y CLERK P. VELA PGEV DEVELOPERS:_-, �EO/ M. EVANS- HELOISE S. BERRY MARGARE L. EVANS APPROVED: ea4419- 1051 City Administra ive Officor, City Attorney Public Services Direc -tor Utilities Engineer Finance Director ,CXH/e/r '50 J This letter. is .in reference to the real nronerty located on Brizzolara Street, San Luis Obispo. The legal owners of said property are Leo M. Evans, Heloise S. Berr17 and Margaret L. Evans. The legal description of said property is as follows: Lots 16, 17, 18 and 19 of Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, accord- ing to Map filed November 1, 1879 in Book A, Page 45 of Maps in the Office of the County Recorder of said County. Excepting therefrom that portion described in the Deed to the State of California, Recorded November 5, 1951, in Book 633, Page 452 of Official Records. Also excepting from Lot 16 that portion described in Deed to Ralnh 0. Cheda, ET UX., Recorded September 20, 1945 in Book 490, Page 239 of Official Records of said County. I 21-FIZZOLARid S7—, Wli Tc-,q L 11vz- .................... . Y / n tiJ it RESOLUTION NO. 4793 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE 1981 /82 BUDGET TO PROVIDE FUNDS FOR INCREASED SALARIES AND BENEFITS IN ACCORDANCE WITH THE 24EMORAN-DUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS_OBISPO'AND THE SAN LUIS OBISPO CITY EMPLOYEES ASSOCIATION WHEREAS,-the City of San Luis Obispo has entered into a Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Employees Association, which provides for increases to salaries and fringe benefits during the 1981/82 fiscal year; and WHEREAS, the City has amended its Salary Resolution 'in concurrence with the Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the budget accounts for employee services as contained in Exhibit A, are increased in the amounts indicated to provide for these increased salaries and benefits. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April 9.1982. P ATTEST,: CITY IrLERK PAMELA VLIGES a4x-�—a -� iinAtrative City At Personnel Director R 4793 WATER FUND TOTAL (50) 51 -6701 Pub. Svcs. - Parking Meters & Collection (50) 51 -.6801 Pub., Svcs.- Parking.Facilities PARKING FUND TOTAL EXHIBIT A AMOUNT $ 960. 820. 1,140. 2,380. 300. 6,440. 720. 2,010. 490. 3,130. 1,290. 7,650. 1,110. 1,510. $29,950. 8,730. 2;060. 530. 330. 1,000. $12,650. 2,840. 2,700. 900. 4,080. $10,520. 570. 400. $_ __ 970. ACCOUNT NO. DESCRIPTION (10) 01 -2101 Administration (50) 01 -2101 Public Services Administration (20) 01 -2201 City Clerk (25) 01 -2301 Finance (15) 01 -2401 City Attorney (40) 01 -2501 Planning (30) 01 -2701 Personnel (50) 01 -2801 Government Buildings (05) 01 -3501 Human Relations Coordinator (80) 01- 4001 Police (85) 01 -4101 Fire (50) 014801 Public Services-Streets- (50) 01 -4901 Public Services - Street Painting (50) 01 -5201 Public Services -Shop & City Yard GENERAL FUND TOTAL (50) 11 -5701 Public Svcs. -Park & Recreation Mtc. (60) 11 -5701 Parks & Recreation Department (50) 11 -5801 Pub. Svcs._ Swimming Pool Maintenance (60) 11 -5801 Park & Rec. -Muni. Swim. Pool Operation (50) 11 -5901 Pub. Svcs. - Muni. .•Golf Course Maintenance PARK & RECREATION FUND TOTAL (50) 50 -6201 Pub. Svcs. -Water Treatment Plant (50) 50 -6301 Pub. Svcs. =Water Transmission & Dist. (50) 50 -6401 Pub. Svcs.- Customer Acct. & Sales Exp. (50) 50 -6501 Pub. Svcs.-Water Engineering & Admin. WATER FUND TOTAL (50) 51 -6701 Pub. Svcs. - Parking Meters & Collection (50) 51 -.6801 Pub., Svcs.- Parking.Facilities PARKING FUND TOTAL EXHIBIT A AMOUNT $ 960. 820. 1,140. 2,380. 300. 6,440. 720. 2,010. 490. 3,130. 1,290. 7,650. 1,110. 1,510. $29,950. 8,730. 2;060. 530. 330. 1,000. $12,650. 2,840. 2,700. 900. 4,080. $10,520. 570. 400. $_ __ 970. TOTAL (All Funds) $65,960. EXHIBIT A ACCOUNT NO. DESCRIPTION AMOUNT (50) 52 -7001 Pub. Svcs. =Sewer Collection & Trans. $ 3,470. (50) 52 -7101 Pub. Svcs. Sewer Treatment Plant 4,520. (50) 52 -7201 Pub. Svcs. -Sewer Gen. & Admin. Expense 950. SEWER FUND..TOTAL $ 5,940. (50) 53 -7701 Pub. Svcs.-Muni. Transit Sys. Admin. 230. MUNICIPAL TRANSIT SYSTEM FUND TOTAL $ 230. (50) 64 =9501 Publ -ic Services -Whale Rock Fund 2,700. TOTAL (All Funds) $65,960. EXHIBIT A r' f R( LUTION NO. 4792 (1982 Series' A RESOLUTION AMENDING RESOLUTION 4456 (1981 Series) ESTABLISHING SALARY RANGES FOR EMPLOYEE CLASSIFICATIONS, SPECIFYING METHODS OF ADVANCEMENT AND SUPERCEDING PREVIOUS SALARY RESOLUTIONS IN CONFLICT BE IT RESOLVED by the Council of the City of San Luis Obispo as.follows: That all previous salary resolutions in conflict herewith are superceded and the following sections ate enacted, taking effect January 1, 1982 unless otherwise noted herein. Section 1. Salary Ranges. The salary range changes listed below take.effect January 1, 1982. SALARY RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 01 812.00 855.00 900.00 948.00 998.00 02 834.00 878.00 924.00 973.00 1024.00 03 856.00 901.00 948.00 998.00 1051.00 04 878.00 924.00 973.00 1024.00 1078.00 05 901.00 949.00 999.00 1051.00 1107.00 06 925.00 974.00 1025.00 1079.00 1136.00 07 949.00 999.00 1052.00 1107.00 1166.00 08 974.00 1026.00 1080.00 1136.00 1196.00 09 1000.00 1053.00 1108.00 1166.00 1228.00 10 1026.00 1080.00 1137.00 1197.00 1260.00 11 1053.00 1109.00 1167.00 1228.00 1293.00 12 1081.00 1138.00 1198.00 1261.00 1327.00 13 1109.00 1168.00 1229.00 1294.00 1362.00 14 1139.00 1198.00 1262.00 1328.00 1398.00 15 1168.00 1230.00 1295.00 1363.00 1435.00 16 1199.00 1262.00 1329.00 1399.00 1472.00 17 1231.00 1296.00 1364.00 1435.00 1511.00 18 1263.00 1330.00 1400.00 1473.00 1551.00 19 1296.00 1365.00 1436.00 1512.00 1592.00 20 1330.00 1400.00 1474.00 1552.00 1633.00 21 1365.00 1437.00 1513.00 1593.00 1676.00 22 1401.00 1475.00 1553.00 1634.00 1720.00 23 1438.00 1514.00 1594.00 1677.00 1766.00 24 1476.00 1554.00 1635.00 1721.00 1812.00 25 1515.00 1594.00 1678.00 1767.00 1860.00 26 1555.00 1636.00 1723.00 1813.00 1909.00 27 1595.00 1679.00 1768.00 1861.00 1959.00 28 1637.00 1724.00 1814.00 1910.00 2010.00 29 1680.00 1769.00 1862.00 1960.00 2063.00 30 1725.00 1815.00 1911.00 2012.00 2117.00 31 1770.00 1863.00 1961.00 2065.00 2173.00 32 1817.00 1912.00 2013.00 2119.00 2230.00 33 1864.00 1963.00 2066.00 2175.00 2289.00 34 1913.00 2014.00 2120.00 2232.00 2349.00 35 1964.00 2067.00 2176.00 2290.00 2411.00 36 2015.00 2121.00 2233.00 2351.00 2474.00 R 4792 RESOLUTION NO. 4792 -982 Series) Section 2. Titles and Ranges. The salary range changes listed below take effect January 1, 1982. The adopted classification study establishing the new titles take effect March 1, 1982. The classifications asterisked, are newly created classifications and take effect March 1, 1982. CITY OF SAN LUIS OBISPO - SALARY RANGE LISTING DED024 -RO37 03/18/82 SALARY CLASS RANGE CODE JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 06 105 CLERK TYPIST 925.00 974.00 1025.00 1079.00 1136.00 06 107 DATA ENTRY OPERATOR 925.00 974.00 1025.00 1079.00 1136.00 06 110 CLERICAL ASSISTANT I 925.00 974.00 1025.00 1079.00 1136.00 06 130 RECORDS CLERK 925.00 974.00 1025.00 1079.00 1136.00 06 140 ACCOUNT CLERK I 925.00 974.00 1025.00 1079.00 1136.00 08 .120 CLERICAL ASSISTANT II 974.00 1026.00 1080.00 1136.00 1- 196.00 08 145 ACCOUNT CLERK II 974.00 1026.00 1080.00 1136.00 1196.00 08 405 MAINTENANCE WORKER TRAINEE 974.00 1026.00 .1080.00 1136.00 1196.00 08 430 JANITOR I 974.00 1026.00 1080.00 1136.00 1196.00 09 160 SECRETARY I 1000.00 1053.00 1108.00 1166.00 1228.00 10 150 ACCOUNT CLERK III 1026.00 1080.00 1137.00 1197.00 1260.00 10 432 JANITOR II 1026.00 1080.00 1137.00 1197.00 1260.00 11 165 SECRETARY II 1053.00 1109.00 1167.00 1228.00 1293.00 12 225 RECREATION COORDINATOR 1081.00 1138.00 1198.00 1261.00 1327.00 12 230 DRAFTING TECHNICIAN 1081.00 1138.00 1198.00 1261.00 1327.00 12 407 MAINTENANCE WORKER I 1081.00 1138.00 1198.00 1261.00 1327.00 12 450 WATER METER READER 1081.00 1138.00 1198.00 1261.00 1327.00 13 135 SUPERVISING RECORDS CLERK 1109.00 1168.00 1229.00 1294.00 1362.00 13 170" LEGAL SECRETARY 1109.00 1168.00 1229.00 1294.00 1362.00 13 409 MAINTENANCE WORKER II - PARRS 1109.00 1168.00 1229.00 1294.00 1362.00 13 410 MAINTENANCE WORKER II - STREETS 1109.00 1168.00 1229.00 1294.00 1362.00 13 411 TREE TRIMMER 1109.00 1168.00 1229.00 1294.00 1362.00 13 470 WATER TREATMENT PLANT OPERATORI 1109.00 1168.00 1229.00 1294.00 1362.00 13 480 WASTEWATER OPERATOR TRAINEE 1109.00 1168.00 1229.00 1294.00 1362.00 14 440 PARKING METER REPAIR WORKER 1139.00 1198.00 1262.00 1328.00 .1398.00 14 452 WATER METER REPAIR WORKER 1139.00 1198.00 1262.00 1328.00 1398.00 14 455 UTILITY WORKER 1139.00 1198.00 1262.00 1328.00 1398.00 14 460 WATER SUPPLY OPERATOR I 1139.00 1198.00 1262.00 1328.00 1398.00 15 .180 EXECUTIVE SEC R_E_T_A_R_Y 1168.00 1230.00 1295.00 1363.00 1435.00 15 415 STREET PAINTER 1168.00 1230.00 1295.00 1363.00 1435.00 15 437 POOL TECHNICIAN 1168.00 1230.00 1295.00 1363.00 1435.00 * 16 412 GREENSKEEPER� 1199.00 1262.00 1329.00 1399.00 1472.00 16 417 HEAVY EQUIPMENT OPERATOR 1199.00 1262.00 1329.00 1399.00 1472.00 16 472 WATER TREATMENT PLANT OPER.. "II. 1199.00 1262.00 1329:00 1399.00 1472.00 16 482 WASTEWATER TREATMENT PLNT OPER:,11199.00 1262.00 1329.00 1399.00 1472.00 RESOLUTION NO. 4792 A82 Series) 21 207 STAFF WRITER 1365.00 1437.00 1513.00 1593.00 1676.00 24 240 CITY OF SAN LUIS OBISPO - SALARY RANGE LISTING 1554.00 1635.00 03/18/82 1812.00 24 245 PUBLIC WORKS INSPECTOR 1476.00 DED024 -RO37 SALARY CLASS 1812.00 24 320 RECREATION SUPERVISOR 1476.00 1554.00 RANGE CODE JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 17 435 MAINTENANCE TECHNICIAN 1231.00 1296.00 1364.00 1435.00 1511.00 18 205 ACCOUNTING TECHNICIAN 1263.00 1330.00 1400.00 1473.00 1551.00 18 210 PERSONNEL TECHNICIAN 1263.00 1330.00 1400.00 1473.00 1551.00 18 235 ENGINEERING TECHNICIAN 1263.00 1330.00 1400.00 1473.00 1551.00 18 255 TREE MAINTENANCE TECHNICIAN 1263.00 1330.00 1400.00 1473.00 1551.00 18 420 CREW.LEADER - PARKS 1263.00 1330.00 1400.00 1473.00 1551.00 18 422 CREW LEADER - STREETS 1263.00 1330.00 1400.00 1473.00 1551.00 18 462 WATER SUPPLY OPERATOR II 1263.00 1330.00 1400.00 1473.00 1551.00 19 220 GRAPHIC SERVICES COORDINATOR 1296.00 1365.00 1436.00 1512.00 1592.00 19 439 BUILDING MAINTENANCE SUPERVISOR 1296.00 1365.00 1436.00 1512.00 1592.00 20 215 PLANNING ENFORCEMENT TECH. 1330.00 1400.00 1474.00 1552.00 ,1633.00 20 442 HEAVY EQUIPMENT MECHANIC 1330.00 1400.00 1474.00 1552.00 1633.00 20 457 UTILITY MAINTENANCE SUPV. 1330.00 1400.00 1474.00 1552.00 1633.00 20 475 CHIEF WATER TREATMENT PLT OPER 1330.00 1400.00 1474.00 1552.00 1633.00 20 485 CHIEF WASTEWATER TREAT PLT OPER 1330.00 1400.00 1474.00 1552.00 1633.00 21 207 STAFF WRITER 1365.00 1437.00 1513.00 1593.00 1676.00 24 240 BUILDING INSPECTOR 1476.00 1554.00 1635.00 1721.00 1812.00 24 245 PUBLIC WORKS INSPECTOR 1476.00 1554.00 1635.00 1721.00 1812.00 24 320 RECREATION SUPERVISOR 1476.00 1554.00 1635.00 1721.00 1812.00 * 24 325 ADMINISTRATIVE ASSISTANT 1476.00 1554.00 1635.00 1721.00 1812.00 24 335 ASSISTANT PLANNER 1476.00 1554.00 1635.00 1721.00 1812.00 24 425 MAINTENANCE SUPERVISOR 1476.00 1554.00 1635.00 1721.00 1812.00 24 465 WATER SUPPLY SUPERVISOR 1476.00 1554.00 1635.00 1721.00 1812.00 26 247 ASST /PUBLIC SERVICES DIRECTOR 1555.00 1636.00 1723.00 1813.00 1909.00 26 250 SURVEYOR 1555.00 1636.00 1723.00 1813.00 1909.00 26 355 ENGINEERING ASSISTANT 1555.00 1636.00 1723.00 1813..00 1909600 26 360 PLAN CHECK ENGINEER 1555.00 1636.00 1723.00 1813.00 1909.00 26 446 SUPERVISING MECHANIC 1555.00 1636.00 1723.00 1813.00 1909.00 26 477 WATER TREATMENT PLANT SUPV 1555.00 1636.00 1723.00 1813.00 1909.00 26 487 WASTEWATER TREATMENT PLT SUPV 1555.00 1636.00 1723.00 1813.00 1909.00 29 340 ASSOCIATE PLANNER 1680.00 1769.00 1862.00 1960.00 2063.00 29 385 ACCOUNTING SUPERVISOR 1680.00 1769.00 .1862.00 1960.00 2063.00 30 310 BLDG & PARKS MAINT SUPT 1725.00 1815.00 1911.00 2012.00 2117.00 30 350 CHIEF BUILDING OFFICAL 1725.00 1815.00 1911.00 2012.00 2117.00 * 30 365 ENGINEERING FIELD SUPERVISOR 1725.00 1815.00 1911.00 2012.00 2117.00 * 30 370 CIVIL ENGINEER 1725.00 1815.00 1911.00 2012.00 2117.00 32 305 STREET SUPERINTENDENT 1817.00 1912.00 2013.00 2119.00 2230.00 32 315 UTILITIES SUPERINTENDENT 1817.00 1912.00 2013.00 2119.00 2230.00 33 345 SENIOR PLANNER 1864.00 1963.00 2066.00 2175.00 2289.00 33 375. SUPERVISING CIVIL ENGINEER 1864.00 1963.00 2066.00 2175.00 2289.00 36 380 UTILITIES ENGINEER 2015.00 2121.00 2233.00 2351.00 2474.00 1 � RESOLUTION NO. 4792 (1982 Series) Section 3. Salary Ranges. The salary range changes listed below take effect July 1, 1982. SALARY RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 01 837.00 881.00 928.00 977.00 1028.00 02 '859.)00 904.00 952.00 1002.00 1055.00 03 882.00 928.00 977.00 1029.00 1083.00 04 905.00 953.00 1003.00 1056.00 1111.00 05 929.00 978.00 1029.00 1083.00 1140.00 06 953.00 1003.00 1056.00 1112.00 1170.00 07 978.00 1030.00 1084.00 1141.00 1201.00 08 1004.00 1057.00 1113.00 1171.00 1233.00 09 1030.00 1085.00 .1142.00 1202.00 1265.00 10 1058.00 1113.00 1172.00 1234.00 1298.00 11 1085.00 1143.00 1203.00 1266.00 1333.00 12 1114.00 1173.00 1234.00 1299.00 1368.00 13 1143.00 1203.00 1267.00 1333.00 1404.00 14 1173.00 1235.00 1300.00 1368.00 1441.00 15 1204.00 1268.00 1334.00 1404.00 1478.00 16 1236.00 1301.00 1369.00 1441.00 1517.00 17 1268.00 1335.00 1405.00 1479.00 1557.00 18 1302.00 1370.00 1442.00 1518.00 1598.00 19 1336.00 1406.00 1480.00 1558.00 1640.00 20 1371.00 1443.00 1519.00 1599.00 1683.00 21 1407.00 1481.00 1559.00 1641.00 1728.00 22 1444.00 1520.00 1600.00 1684.00 1773.00 23 1482.00 1560.00 1642.00 1729.00 1820.00 24 1521.00 1601.00 1685.00 1774.00 1867.00 25 1561.00 1643.00 1730.00 1821.00 1917.00 26 1602.00 1686.00 1775.00 1869.00 1967.00 27 1644.00 1731.00 1822.00 1918.00 2019.00 28 1687.00 .1776.00 1870.00 1968.00 2072.00 29 1732.00 1823.00 1919.00 2020.00 2126.00 30 1777.00 1871.00 1969.00 2073.00 2182.00 31 1824.00 1920.00 2021.00 2128.00 2240.00 32 1872.00 1971.00 2074.00 2184.00 2298.00 33 1921.00 2022.00 2129.00 2241.00 2359.00 34 1972.00 2076.00 2185.00 2300.00 2421.00 35 2024.00 2130.00 2242.00 2360.00 2485.00 36 2077.00 2186.00 2301.00 2422.00 2550.00 RESOLUTION NO. 4792 2982 Series) Section 4. Titles and Ranges. The salary_range changes listed below take effect July 1, 1982. CITY OF SAN LUIS OBISPO - SALARY RANGE LISTING 03- 24 -82. SALARY CLASS RANGE CODE JOB TITLE DED024 -RO37 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 06 105 CLERK TYPIST 953.00 1003.00 1056.00 1112.00 1170.00 06 110 CLERICAL ASSISTANT I 953.00 1003.00 1056.00 1112.00 .1170.00 06 130 RECORDS CLERK 953.00 1003.00 1056.00 1112.00 1170.00 06 140 ACCOUNT CLERK I 953.00 1003.00 1056.00 1112.00 1170.00 08 107 DATA ENTRY OPERATOR 1004.00 1057.00 1113.00 1171.00 1233.00 08 120 CLERICAL ASSISTANT II 1004.00 1057.00 1113.00 1171.00 1233.00 08 145 ACCOUNT CLERK II 1004.00 1057.00 1113.00 1171.00 1233.00 08 405 MAINTENANCE WORKER TRAINEE 1004.00 1057.00 1113.00 1171.00 1233.00 08 430 JANITOR I 1004.00 1057.00 1113.00 1171.00 1233.00 09 160 SECRETARY I 10 432 JANITOR II 1030.00 1085.00 1142.00 1202.00 1265.00 1058.00 1113.00 1172.00 1234.00 1298.00 11 165 SECRETARY II 1085.00 1143.00 1203.00 1266.00 1333.00 12 150 ACCOUNT CLERK III 1114.00 1173.00 1234.00 1299.00 1368.00 12 225 RECREATION COORDINATOR 1114.00 1173.00 1234.00 1299.00 1368.00 12 230 DRAFTING TECHNICIAN 1114.00 1173.00 1234.00 .1299.00 1368.00 12 407 MAINTENANCE WORKER I 1114.00 1173.00 1234.00 1299.00 1368.00 12 450 WATER METER READER 1114.00 1173.00 1234.00 1299.00 1368.00 13 135 SUPERVISING RECORDS CLERK 1143.00 1203.00 1267.00 1333.00 1404.00 13 409 MAINTENANCE WORKER II - PARKS 1143.00 1203_00 1267.00 1333.00 1404.00 13 410 MAINTENANCE WORKER II - STREETS 1143.00 1203.00 1267.00 1333.00 1404.00 13 411 TREE TRIMMER 1143.00 1203.00 1267.00 1333.00 1404.00 13 470 WATER TREATMENT PLANT OPERATOR I.1143.00 1203.00 1267.00 1333.00 1404.00 13 480 WASTEWATER OPERATOR TRAINEE 1143.00 1203.00 1267.00 1333.00 1404.00 14 452 WATER METER REPAIR WORKER 14 455 UTILITY WORKER 14 560 WATER SUPPLY OPERATOR I 15 170 LEGAL SECRETARY 15 415 STREET PAINTER 1173.00 1234.00 1300.00 1368.00 1441.00 1173.00 1234.00 1300.00 1368.00 1441.00 1173.00 1234.00 1300.00 1368.00 1441.00 1204.00 1268.00 1334.00 1404.00 1478.00 1204.00 1268.00 1334.00 1404.00 1478.00 16 412 GREENSKEEPER 1236.00 1301.00 1369.00 1441.00 1517.00 16 417 HEAVY EQUIPMENT OPERATOR 1236.00 1301.00 1369.00 1441.00 1517.00 16 437 POOL-:TECHNICIAN 1236.00 1301.00 1369.00 1441.00 1517.00 16 440 PARKING METER REPAIR WORKER 1236.00 1301.00 1369.00 1441.00 1517.00 RESOLUTION NO. 4792' Series) 03 -24 -82 SALARY CLASS CITY OF SAN LUIS OBISPO - SALARY RANGE LISTING DED024 -RO37 RANGE CODE JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 17 180 EXECUTIVE SECRETARY 1268.00 1335.00 1405.00 1479.00 1557.00 17 472 WATER TREATMENT PLANT OPER. II 1268.00 1335.00 1405.00 1479.00 1557.00 17 482 WASTEWATER TREATMENT PINT OPER.I1268.00 1335.00 1405.00 1479.00 1557.00 18 205 ACCOUNTING TECHNICIAN 1302.00 1370.00 1442.00 1518.00 1598.00 18 210 PERSONNEL TECHNICIAN 1302.00 1370.00 1442.00 1518.00 1598.00 18 235 ENGINEERING TECHNICIAN 1302.00 1370.00 1442.00 1518.00 1598.00 18 420 CREW LEADER - PARKS 1302.00 1370.00 1442.00 1518.00 1598.00 18 422 CREW LEADER - STREETS 1302.00 1370.00 1442.00 1518.00 1598.00 18 435 MAINTENANCE TECHNICIAN 1302.00 1370.00 1442.00 1518.00 1598.00 18 462 WATER SUPPLY OPERATOR II 1302.00 1370.00 1442.00 1518.00 1598.00 19 220 GRAPHIC SERVICES COORDINATOR 1336.00 1406.00 1480.00 1558.00 1640.00 19 255 TREE MAINTENANCE TECHNICIAN 1336.00 1406.00 1480.00 1558.00 1640.00 20 215 PLANNING ENFORCEMENT TECH. 1371.00 1443.00 1519.00 1599.00 1683.00 20 439 BUILDING MAINTENANCE SUPERVISOR 1371.00 1443.00 1519.00 1599.00 1683.00 21 442 HEAVY EQUIPMENT MECHANIC 1407.00 1481.00 1559.00 1641.00 1728.00 21 457 UTILITY MAINTENANCE SUPV. 1407.00 1481.00 1559.00 1641.00 1728.00 21 475 CHIEF WATER TREATMENT PIT OPER 1407'.100 1481.00 1559.00 1641.00 1728.00 21 485 CHIEF WASTEWATER TREAT PIT OPER 1407.00 1481:00 1559.00 1641.00 1728.00 24 240 BUILDING INSPECTOR 1521.00 1601.00 1685.00 1774.00 1867.00 24 245 PUBLIC WORKS INSPECTOR 1521.00 1601.00 1685.00 1774.00 1867.00 24 320 RECREATION SUPERVISOR 1521.00 1601.00 1685.00 1774.00 1867.00 24 325 ADMINISTRATIVE ASSISTANT 1521.00 1601.00 1685.00 1774.00 1867.00 24 335 ASSISTANT PLANNER 1521.00 1601.00 1685.00 1774.00 1867.00 24 465 WATER SUPPLY SUPERVISOR 1521.00 1601.00 1685.00 1774.00 1867.00 25 425 MAINTENANCE SUPERVISOR 1561.00 1643.00 1730.00 1821.00 1917.00 26 247 ASS'T /PUBLIC SERVICES DIRECTOR 1602.00 1686.00 1775.00 1869.00 1967.00 26 250 SURVEYOR 1602.00 1686.00 1775.00 1869':00 1967.00 26 355 ENGINEERING ASSISTANT 1602.00 1686.00 1775.00 1869.00 1967.00 26 360 PLAN CHECK ENGINEER 1602.00 1686.00 1775.00 1869.00 1967.00 27 446 SUPERVISING MECHANIC 1644.00 1731.00 1822.00 1918.00. 2019.00 28 28 29 477 WATER TREATMENT PLANT SUPV 1687.00 1776.00 1870.00 .1968.00 2072.00 487 WASTEWATER TREATMENT PLT SUPV 1687.00 1776.00 1870.00 1968.00 2072.00 340 ASSOCIATE PLANNER 30 365 ENGINEERING FIELD SUPERVISOR 30 370 CIVIL ENGINEER 30 385 ACCOUNTING SUPERVISOR 32 310 BLDG & PARKS MAINT SUPT 32 350 CHIEF BUILDING OFFICAL 1732.00 1823.00 1919.00 2020.00 2126.00 1777.00 1871.00 1969.00 2073.00 2182.00 1777.00 1871.00 1969.00 2073.00 2182.00 1777.00 1871.00 1969.00 2073.00 2182.00 1872.00 1971.00 2074.00 2184.00 2298.00 1872.00 1971.00 2074.00 2184.00 2298.00 j i RESOLUTION NO. 4792 (1982 Series) CITY OF SAN LUIS OBISPO - ,SALARY RANGE LISTING DED024 -RO37 03=24 -82 SALARY CLASS RANGE CODE JOB TITLE 34 305 STREET SUPERINTENDENT 34 315 UTILITIES SUPERINTENDENT. 35 345 SENIOR PLANNER 35 375 SUPERVISING CIVIL ENGINEER 36 380 UTILITIES ENGINEER STEP 1 STEP 2 1972.00 2076.00 1972.00 2076.00 2024.00 2130.00 2024.00 2130.00 2077.00 2186.00 STEP 3 2185.00 2185.00 2242.00 2242.00 2301.00 STEP 4 STEP 5 2300.00 2421.00 2300.00 2421.00 2360.00 2485.00 2360.00 2485.00 2422.00 2550.00 . v. C, RESOLUTION NO. 4792 (1982 Series) Effective 7 -1 -82 SALARY CLASS RANGE CODE JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 50 H 930 CROSSING GUARD 3.35 • 52H 901 RECREATION LEADER I 3.35 3.50 3.70 • 52H 920 LIFEGUARD 3.35 3.50 3.70 53H 907 CITY FIELD WORKER (MISC) 3.35 3.50 3.70 • 55H 902 RECREATION LEADER II 3.95 4.10 4.30 • 55H 921 SENIOR LIFEGUARD 3.95 4.10 4.30 ** 56H 905 CLERICAL AIDE 5.33 5.61 5.91 6.22 6.65 * 57H 903 RECREATION LEADER III 4.55 4.75 4.95 ** 58H 906 PLANNING AIDE 6.23 6.56 6.91 7.27 7.65 ** 58H 910 DRAFTING AIDE x.23 4.56 6.91 7.27 7.b5 * ** 932 POLICE RESERVE OFFICER GRADE EXPERIENCE HOURLY RATE 60H Class I A 1 year at Grade B $7.60 B 200 hours P.O.S.T. training 6.84 60H Class II A 1 year at Grade B 6.16, B 80 hours P.O.S.T. training 5.54 60H Class III A 1 year at Grade B 4.99 B 40 hours P.O.S.T. training 4.49 * Step 1 First 250 hours 2 Over 250 hours 3 Over 500 hours ** Step 1 First 500 hours 2 Over 500 hours 3 Over 1000 hours 4 Over 1500 hours 5 Over 2000 hours * ** Work paid for includes crowd control at public events in the city staged by a person, firm or corporation and crime prevention programs funded through special grants or revenue sharing upon approval of the City Administrative Officer, and court duty. The hourly rate for Class I, Grade A equals 90% of the first step of Police Officer. Each subsequent rate equals 90% of the next higher rate. - Clerical Aide based on Range 6 - Planning Aide and Drafting Aide based on Range 12 . v. /f RESOLUTION NO. 4792 (1982 Series) On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April 1982. Mayor Melanie t. Billig ATTEST: Cit C ldrk Pame U ge Administrative Offi er City Attorney "r 1K Finance Director 0 Personnel Director V �. 1 -S 5 a. RESOLUTION NO. 4791 (1982 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: Waterline Improvement Project, Lawrence Drive, Meadow to Broad ESTIMATE: $64,603.00 w/o contingencies BIDDER: Roho Construction CITY PLAN NO: F -22 BUDGET ACCOUNT: 40- 6362 -716 (F22) BID AMOUNT: $60,970.00 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 Settle seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April , 1982 . ATTEST.: CITY CLERK PAMELA GE APPROVED: City Administrative bfficer/ City Attorney Finance Diieci'Tir R 4791 RESOLUTION NO. 4790 (19 82 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: Waterline Improvement Project, Garfield, Grand to Henderson ESTIMATE: $24,280.00 w/o contingencies BIDDER: Fred Julien & Associates CITY PLAN NO: E -53 BUDGET ACCOUNT: 40- 6362 -716 (E53) BID AMOUNT: $20,310.00 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 Settle seconded by Councilman Griffin_ , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April , 1982. APPROVED: City Administrative RficA I City Attorney R 4790 ��� �__�__ �t� ;i � .� 1 ��. �, RESOLUTION NO. 4789 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR A BICYCLE LANE ACCOUNT PROJECT WITHIN THE CITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Attachment A. and incorporated herein by reference, between the City of San Luis Obispo and the State of California, Department of Transportation, 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 tyro original's: arid- one(1) copies of the executed agreement to: Mr. Austin Carlton, Department of Transportation, District 5 Office; a copy to the City Engineer and Finance Director. On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April 1982. Attest: 'Z�Z4 1/ CITY CLERK PAMELA V S R 4789 Resolution No. 4789 Approved: City Administrative Officer lvvrLole City Attorney VA19� i Interim/C mgyaity Development Coordinator 1 - L City. ineer,_ ATTACHMENT A LOCAL AGENCY - .STATE AGREEMENT BICYCLE LANE ACCOUNT PROJECT b5 City of San Luis Obispo District Local Agency AGREEMENT NO. 09 -82 THIS AGREEMENT, made in duplicate this _6th day of April 19 82, by and between the City of San Luis Obispo. _.a po itical subdivision of the State of California hereinafter referred to as "LOCAL AGENCY ", and the State of California, acting by and through the Department of Transpor- tation, hereinafter referred to as "STATE." WITNESSETH: WHEREAS, under the provisions of Section 2106(b) and Sections 2370 through 2392 of the Streets and Highways Code, as implemented by regulations in Title 21, Chapter 2, Subchapter 10 of the California Administrative Code, funds have been allocated to LOCAL AGENCY for the construction of a Bicycle Lane Account project selected by LOCAL AGENCY and described in EXHIBIT A attached hereto.; and WHEREAS, under provisions of the California Administrative Code, STATE is required to enter into an agreement with LOCAL AGENCY relative to design .standards, the.handling and accounting of funds, time for completion and all other phases of the project, THEREFORE, the parties agree as follows;, ARTICLE I - Project Administration 1. The project or projects described in Exhibit A, hereinafter referred to as "the project ", shall be constructed as provided in this agreement and in accordance with the laws applicable to LOCAL AGENCY. In the event of a conflict, the terms of this agreement shall prevail. 2. Except as provided herein , construction shall be performed by contract. Striping, application of pavement markings and signing may be performed by LOCAL AGENCY forces. LOCAL AGENCY shall prepare all documents necessary for advertising, advertise, and award and administer the contract including inspection of work performed and payments to the contractor as the same become due. - 3. Prior to advertising, LOCAL AGENCY shall prepare a complete set of contract plans and submit.same to STATE for approval. Such plans shall conform to the minimum safety design criteria and uniform specifications and symbols for signs, markers, and traffic control devices established by STATE. M 4. The estimated costs of the project are as shown in Exhibit-A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood, however, that the allocation of Bicycle Lane Account funds will not exceed that shown for each item in Exhibit A. 5. In the event the final costs of the project are less than said estimate by reason of low bid or otherwise, the allocation of .Bicycle Lane Account funds will be decreased in relationship to the percent funded by Bicycle Lane Account. 6. STATE shall pay to the LOCAL AGENCY, within forty -five (45) days of receipt of a final accounting of actual project costs and a written request for payment, the Bicycle Lane Account share of the actual cost of the project: 7. "All costs charged to this agreement by LOCAL AGENCY shall be supported by properly executed payrolls, time records, invoices and vouchers, evidencing in proper detail the nature and propriety of the charges, and shall be costs allowable under the California Bikeways Act." 8. STATE may, at its option declare this agreement void if a contract for construction of the project has not been awarded by LOCAL AGENCY on or before December 31 of the calendar year in which the allocation of funds for the project is made. 9. If the project is a cooperative project and includes work on a state highway, it shall be the subject of a separate cooperative agreement between the STATE and LOCAL AGENCY.. 10. The Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. LOCAL AGENCY shall ensure that work performed under this agreement is done in conformance with the rules and regulations embodying such requirements where they are applicable. Any agreement or service contract . entered into by LOCAL AGENCY for performance of work connected with the project shall incorporate Exhibit B attached hereto. ARTICLE II - Rights -of -Way 1. Such rights -of -way as are necessary for the construction of the project shall be furnished by LOCAL AGENCY. Right:: -of -way costs may be included as an eligible item of total costs. 2. LOCAL AGENCY agrees to hold State harmless from any liability which may result in the event the right =of -way is not clear prior to award_ of contract. The furnishing of rights -of -way as provided for herein includes in addition to all real property required for the improvement, free and clear of obstruction and encumbrances, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its own funds any costs which „arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights -of =way have not been.-made-available to the contractor for the orderly prosecution of the work. -2- 3. Should LOCAL AGENCY, in acquiring right of way for the project, displace an individual, family, business, farm operation, or nonprofit organization, relocation payments and services will be provided in compliance with the appli- cable State laws. The public will be adequately informed of the relocation payments and services . will be provided in compliance with the applicable State. laws. The public will be adequately informed of the relocation payments and services which will be available and to the greatest extent practicable no person lawfully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90 days written notice from LOCAL AGENCY. ARTICLE III - Engineering 1. "Preliminary engineering" as used herein includes all preliminary work related to the project, including but not restricted to preliminary surveys and reports, laboratory work, soil investigations, preparation of plans, designs, and advertising. "Construction engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing„ field reports and records, estimates, final reports, and,allowable expenses of employees engaged in such activities. 2.. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense, of personnel working on the project, required materials, and automotive expense provided, however, that LOCAL-AGENCY shall contribute its general administrative and overhead expense. ARTICLE IV - Miscellaneous Provisions 1. If STATE is named as a defendant in any.suit arising from the construction, maintenance or operation of the project, LOCAL AGENCY will, at request of STATE, assume full responsibility for the conduct of the defense or will provide such assistance as STATE will require, and will pay any judgements issued against STATE and all costs in connection with the defense. STATE reserves the right to represent itself in any litigation in which STATE'S interests are at stake. 2. LOCAL AGENCY shall maintain an accurate and detailed record of costs for this project. Such records shall be retained and made available to STATE'S auditors for examination for a minimum period of three years from date of final payment of expenditures from Bicycle Lane Account. 3. Upon acceptance of the completed project by the awarding authority, or upon the contractor's being relieved of the duty of maintaining and protecting certain portions of the work LOCAL AGENCY shall assume responsibility for main - taining the project. 4. Minor changes may be made in the project as described in Exhibit A upon notice to STATE. No major change, however, may be made in said project except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. - 3 - r- i 1 IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation R.G. ADAMS, Chief Division of Highways By Chief,-Office of Bicycle Facilities Approval Recommended: District Director of ransportatton 4 CITY OF SAN LUIS OBISPO CA L'° Gf E C By � / Title Melanie C: Billig, Mayor Date.. _ y� Attest: U T't e: Pamela Vog , Cdty Clerk EXHIBIT A Local Agency: City of.San Luis Obispo Agreement No. 09 -82 ARTICLE V Project Location and Description of Work Proposed: Location: Portions of Madonna Road between,Oceanaire Drive and Higuera Street. Portions of Foothill Blvd. between Ferrini Road and Southern Pacific Railroad. Portions of California Blvd. between Monterey Street and Hathway Avenue.. Description of Work: Grind the existing asphalt concrete surface below the existing adjacent concrete gutter apron and then repave so-as to provide a smooth longitudinal point which eliminates a hazard to bicyclists. Net Length: 2.1 miles ARTICLE VI - Proposed Project Funding: Cost: Preliminary Construction_ Construction Engineering Engineering (By Contract) Total $3,000 _ $5,_000 $36,000 $44,000 Financing: Preliminary Construction Construction Engineering Engineering (By Contract) Total Local Agency $3,000 $610,_ _.$4,,390 $81000 Bicycle Lane Account -0- $4,390 Percent Funding by Bicycle Lane Account 87.8 %. _ $31,610 $36,000 0 EXHIBIT B FAIR EMPLOYMENT PRACTICES ADDENDUM .1. In the performance of this contract, the Contractor will not discri- minate against any employee or applicant for employment because of race, sex, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, sex, color, religion, ancestry, or national origin. 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 aporenti- ceship. The Contractor shall post inconspicuous places, available to employees and applicants for employment,, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. , 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practice Commi.ssion, or any other agency of the State of California designated by the awarding authority, for the pur- poses of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State May determine a willful violation of the Fair Employment Practices provision to have occured upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services here- under shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. RESOLUTION NO. 4788 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ALLOCATING FUNDS FROM C.I.P. PARK DEVELOPMENT RESERVE ACCOUNT (REVENUE SHARING) AS MATCHING FUNDS FOR ROBERTI- Z'BERG STATE GRANT. WHEREAS, the City Council of the City of San Luis Obispo approved an appli- cation for a grant under the Roberti - Z'berg Urban Open -Space and Recreation Program for improvements at the Municipal Swimming Pool, and; WHEREAS, the City has been made aware that this grant request was successful and has been included in the current State budget in the amount of $98,500, now THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following budget accounts be established to provide matching City funds for grant aided park improvements which consist of a pool building which will support solar heating panels at the City Swim Center. Account No. (90) 30- 5761 -000 (90) 30- 5861 -629 (90) 40- 5861 -629 Description Amount Parks Development. Reserve Account (RS) [$55,000] Muni Swim Center Improvements (RS) $55,000 Muni Swim Center Improvements (Grant) $98,500 $98,500 SECTION.2. BE IT FURTHER RESOLVED that estimated State Grant Revenues be increased by $98,500 to provide partial funding for the above -named improvements. On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April , 1982. MAY R IE C. BILL ATTEST: ar.4-e-Z R 4788 CI CLERK, PA LA V GL *, RESOLUTION NO. 4788 { (1982 Series) APPROVED: 6 - -4 Q ;I,s City Admifiistrative Officer City Attorney finance re or jPa& ecreation Director page 2 RESOLUTION NO. 4787 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WALTER BROTHERS CONSTRUCTION COMPANY, INC. 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 Walter- Brothers Construction Company, Inc. 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: Walter Brothers Construction Company, Inc., City Engineer, City Finance Director. On motion of Councilman Settle seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April 1982. Y k'LANIE C. BILLIG ATTEST: v CITY ERR PAMELA VO WS APPROVED: 0/n (A- , j& r City Administrativb Officer R 4787 Resolution No. 4787 (1482 Series) City Attorney /NUM, r Interi Co nity Development Director City 0 gineer AGREEMENT This agreement dated this 29th day of ',.'arch 1982 by and between WALTER BROTHERS CONSTRUCTION COMPANY, INC., herein referred to as "Developer" and the CITY OF SAN LUIS OBISPO, herein referred to as the "CITY ". WHEREAS, Developer has been granted a Use Permit (U0794 -A) pursuant to City Council Resolution No. 4269 (1980 Series) which sets forth several conditions to allow construction of a three -story social services office complex at 3220 South Higuera Street; and WHEREAS, two (2) of the conditions (4 and 5) of the use permit require Developer to: 1. Pay to City, thirty -five (35) percent of the total cost (current estimated total cost = $86,000) of proposed future traffic signals at the intersection of South Higuera Street and Margarita Avenue, and 2. Pay to City, fifteen (15) percent of the total cost (current estimated total cost = $86,000) of proposed future traffic signals at the inter- section of South Higuera Street and Prado Road; and WHEREAS, Developer desires to submit a bond to guarantee the above - mentioned traffic signals in lieu of cash payment as required per said resolution. NOW THEREFORE, in consideration of the foregoing, Developer does hereby agree to pay, upon demand by City, the respective above- mentioned monies as calculated by the City Engineer, within sixty (60) days notice thereof. In the event.either,or both of the respective traffic signals are not installed by City within two (2') years from the above date, Developer shall either pay to City the respective monies, or., request an extension of this Agreement by the City Council. Any extension of time hereunder shall not operate to release the surety filed pursuant to this Agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Developer hereby attaches hereto, and as an integral part hereof, and -as security for the performance of this Agreement, (a bond) approved by and in favor of the City, and conditional upon compliance with this Agreement, which said bond is in the initial amount of $43,000, and which is in the amount of the present estimated share of the cost of said improvements ($30,100 for Margarit.; Avenue; $12,900 for Prado Road). Said amounts shall be adjusted to reflect actual costs at time of installation. Eve All, City shall install the respective traffic signals when sufficient funds are available. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. That certain agreement dated February 18, 1982 by and between the Parties hereto, approved by the City of San Luis Obispo by Resolution No. 4742(1982 Series) hereby is rescinded and is of no further force and effect. IN WITNESS WHEREOF, this Agreement has been executed by: 2 thday of 14arch ,1982 Approved as to form: CITY ATTORNEY - 1 day of ITY ENGUEER Fi CONSTRUCTION CO., INC. ident WALTER BROVIERS CONSTRUCTION Co., INC. Secretary -2- RESOLUTION N0. 4786 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AMENDED PLANNING C011MISSION BY -LAWS BE IT RESOLVED by the Council of the City of San`Luis Obispo as follows: SECTION 1. That certain Exhibit "A ", entitled "Planning Commission By- Laws," attached hereto and incorporated herein by this reference is approved as amended and adopted. On motion of Councilman Settle seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of April ,1982. ATTEST: CITY LERK PAMELA VOGE APPROVED: POA . OL City Administrative 0 ficer Cityy Attorney .Int-erim y__ Development Director R 4186 v a I 1 EXHIBIT "A" PLANNING COMTII:SSION BY —LAWS L' MEETINGS A. Regular meetings shall be held at 7:00 p.m. on the second and fourth Wednesday of each month. B. No agenda item shall be introduced after 11:00 p.m. without the consent of a majority of Commissioners present. C. Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event the Planning Commission desires to hold all 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 the bulletin board located at the .entrance to City Council Chambers prior to the time herein designated for such regular meeting. II. ELECTION OF OFFICERS A. Officers of the Planning Commission shall be a Chairperson and a Vice Chairperson. B. Offices shall be filled from appointed members by secret written ballot of the voting membership. C. Election of officers shall be held annually at the first regular meeting in April. ICl. 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 Planning 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 Commission may reopen the public hearing at anytime prior to a decision on an item on an affirmative vote of the majority of those members present. 6. The Commission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall inform the applicant and public of the right of appeal and procedures for filing such appeal. IV. QUORUM A. Four members of the Planning Commission constitute a quorum for transacting business, but a lesser number may adjourn from time to time and continue the consideration of pending business. , B.. A Commissioner's failure to vote or abstention on any item shall have no effect on the number Present for quorum purposes. C. All members, when present, must vote except when abstaining due to a declared conflict of interest. D. Failure or refusal to vote when present -- except for a declared conflict of interest -- shall be construed as an affirmative vote. E. A quorum shall be required whenever the Commission transacts business. V. VOTING A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or any other action shall be passed or become effective without receiving the affirmative vote of at least four (4) members of the commission. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. C. Except as allowed under the Political Reform Act of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the item or otherwise influence or attempt to influence in any manner the decision on the item. V1. _PUBLIC RECORDS Records of all public hearings shall be made available to the public in the office of the Community Development Department.. VTI. ATTENDANCE Any member of the Planning Commission who is absent from five (5) or more regular meetings or adjourned regular meetings of the Commission within one year from date of appointment or in any subsequent one year period shall be referred to the City Council by the Commission for consideration of removal from the Commission, at the time of the 5th absence. WIT. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered the official policy of the Planning Commission subject.to ratification of the City Council. �� J z �� //'' l ��liJ k � ��S��C�� U / r. I� r\ i Jl RESOLUTION NO. 4785 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A FOURTH 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 as Grantee Reviewer and shall forward copies of this resolution and the agreement to appropriate agencies. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT`. None the foregoing Resolution was passed and adopted this Arh day of ApT;i , 1982. ATTEST: '4�Z'6 /",,3 CITY ILERK PAMELA VOG VP 0 R 4785 Resolution No. 4785 (1982 Series) APPROVED: Q City Admini trati e Officer —� — City Attorney Director of Pulilic Services EXHIBIT "I" FOURTH AMENDMENT TO AGREEMENT CONSULTING ENGINEERING SERVICES IN CONNECTION WITH WASTEWATER TREATMENT AND DISPOSAL FACILITIES This Fourth Amendment to Agreement, made and entered into this 6th day of April _, 1982, by and between the. CITY OF SAN LUIS OBISPO, California, hereinafter referred to as the "CITY ", and KENNEDY/JENKS ENGINEERS, INC. (successor to the engineering practice of Jenks & Harrison, Inc., formerly known as Jenks & Adamson), a California Corporation, herein- after referred to as the "ENGINEER "; W I T N E S S E T H WHEREAS, 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 AGREEMENT being in the I orm of an ENGINEER's Proposal, formally accepted by the CITY on March 31, 1975, said accepted Proposal hereinafter referred to as the "AGREEMENT ", 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 final approval of the construe_ . tion grant for the program necessitates division of design and construction of the improvement project for the Wastewater Treatment Plant into two sep- arate Project Units; and WHEREAS, the portion of the Project designated as "Reclamation Facili- ties" has been suspended and deferred indefinitely due to funding restric- tions, and ENGINEER has suspended all design work on the Reclamation FAcil- ities as originally authorized under the SECOND AMENDMENT TO AGREEMENT dated January 4, 1978; and WHEREAS, the ENGINEER is completing the Step 2 Design Services in con- nection with the Project Unit No. 1 portion of the Wastewater Treatment Plant improvements, and due to delays and restructuring of the program, ENGINEER will exceed the estimated budget as previously authorized under the THIRD AMENDMENT dated June 19, 1979;.and WHEREAS, CITY deems it fair, reasonable and appropriate to authorize additional compensation to engineer for additional design work, and to re- ceive credit for unexpended budget on terminated design work; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree to amend the AGREEMENT, and "previously approved AMEND- MENTS TO AGREEMENT, as follows: [4th Amend.] - 1 - i 1. TERMINATION OF DESIGN WORK ON RECLAMATION FACILITIES. The ENGINEER shall terminate all design services in connection with the proposed Reclam- ation Facilities as previously authorized under the SECOND AMENDMENT TO AGREEMENT. It is understood and agreed that all compensation to ENGINEER under the SECOND AMENDMENT has been paid up to date by CITY. 2. COMPLETION OF DESIGN SERVICES FOR THE PROJECT UNIT NO. 1 PORTION OF THE WASTEWATER TREATMENT PLANT IMPROVEMENTS. The ENGINEER shall continue to completion the design services in connection with the Project Unit No. 1 portion of the improvements, including the Equalization Pond system; the alterations to Clarifiers; the new Sludge Drying Beds; the modifications to the Degritting System; site and miscellaneous work in connection therewith. 3. COMPENSATION; REVISED COMPENSATION SCHEDULES. A. Reclamation Facilities Design. The Fee Schedule (Item B., sub- item a.) of the SECOND AMENDMENT is hereby modified as follows: Description Total Est. Cost Orig.Author. Recl.Facil. $ 37,535- Design(2ND AMEND) Credit to CITY (35,273 -) Unused budget Fixed Fee Conting. Total Budget 3,545- 3,750- 44,830- (3,332-) (3,750 -) (42,355 -) Revised Total(Final) Recl.Facil.Design: 29262- 213- -0- 2,475- B. Project Unit No. 1 Design. Additional compensation to ENGINEER for completion of the Unit No. 1 portion of the Wastewater Treatment Plant improvements shall be as set forth on the EPA Form 5700 -41 attached hereto this FOURTH AMENDMENT as "Exhibit A ". The Fee Schedule (Item 1.) of the THIRD AMENDMENT is hereby modified as follows: Description Total Est. Cost Fixed Fee Conting. Total Budget Orig.Author. WWTP Imprmts. $203,590- 19,210- 5,200- 228,000 Design(3RD AMEND) Add'l.Services Compl. Design of 14,125- -0- (5,200 -) 8,925 - Proj.Unit No. 1 Revised Total Project Unit No.l 217,715- 19,210- -0- 236.,925 - WWTP Design [4th Amend.] - 2 - .. , 4. REVISED TIME OF COMPLETION. The time of completion for all work by ENGINEER in connection with the Step 2 Design Services for Project. Unit No. 1 of the Wastewater Treatment Plant improvements is hereby modified and set forth as May 15, 1982. The time of completion requirement for the work in connection with the Reclamation Facilities is .hereby eliminated due to the termination of the work on that portion of the Project. 5. COMPLETION OF DESIGN WORK FOR REMAINING PORTION OF WASTEWATER TREAT- MENT PLANT IMPROVEMENTS; SUBSEQUENT AMENDMENT FOR PROJECT UNIT NO. 2. It is understood and agreed by both parties that the modification of the wastewater treatment works improvements program into two separate project units (construction contracts) constitutes a change of scope in ENGINEER's design services. Continuation and completion of the design services for Project Unit No. 2 of the Wastewater Treatment Plant improvements-shall be- negotiated and agreed to by CITY and ENGINEER in a subsequent Amendment to Agreement; said subsequent amendment. shall address changes in scope of work, revised compensation schedules, and modifications in time of com- pletion requirements. 6. ORIGINAL AGREEMENT AND AMENDMENTS IN FORCE. Exce"p"t as amended herein this FOURTH AMENDMENT TO AGREEMENT, the conditions, obligations and bene- fits of the original AGREEMENT and subsequent executed AMENDMENTS thereto, shall remain in full .force and effect. IN WITNESS WHEREOF, CITY and ENGINEER have executed this FOURTH AMENDMENT TO AGREEMENT the day and.year first above written. ATTEST: -4 /1-1' _e 7 Clerk Pamela V/�•ges l/ - APPROVED AS TO FORM: •i City Attorney APPROVED AS TO CONTENT: City Administrative Officer Director of Public Services [4th Amend.] -3- CTTY OF SAN T.TTTS ORTSPO KENNEDY /JENKS ENGINEERS, INC. S ._ or Vice Pre ent_ Vice President /$ecretary LC COST OR PRICE SU' %y FoRt. FOR SU E AGF. E DER U.S. A G FF A t,T S ; . c,rt (().-,M) F o,-%. o t Ci 0.,.., 7; i o. J 5 ,, - 1.: FART I•GcNE_F4,L 1. GRANTEE CITY OF SAN LUIS OBISPO Z. GpAr.-, NUMBER C - 06 - 1215 3. NAME OF CONTRACTOR Or SUBCONTRACTOR KENNEDY/JENKS ENGINEERS, INC. A. DATE OF PROPOSAL Feb. 19, 1982 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) Kennedy/Jenks Engineers, Inc. 543 Byron Street Palo Alto, CA 94301 6. TYPE OF SERVICE TO BE FURNISHED Add'l Step 2 Design Services in connection with Wastewater Treat- ment Plant Improvements: Project Unit No. 1 [4th Amendment] PART 11•COST SUMMARY 7. DIRECT LABOR (Specify labor categories) I EST'- MATED HOURS HOURLY RATE ESTIMATED COST TOTALS _Kddr_1 design services for Proj.Unit 1 to completion: Worksheet submitted 360 (Worksheet) $ 6,250- DIRECT LABOR TOTAL: S 6,250- B. INDIRECT COSTS (Specily indirect cost pools) RATE x BASE ESTIMATED COST S S Original overhead rate for Jenks & H rriso 1.26 5,1250- 7,875-- honored by K/J Engrs. for Unit No. 1 desig� INDIRECT COSTS TOTAL: $ 17,875- 9. OTHER DIRECT COSTS - Orig. Jenks & Harrison pricing practice honored:Unit 1 8. TRAVEL ESTIMATED COST (1) TRANSPORTATION (2) PER DIEM TRAVEL SUBTOTAL: b. EQUIPMENT, MATERIALS, SUPPLIES (Specifl- categories) OTY COST ESTIMATED COST S EQUIPMENT SUBTOTAL: c. SUBCONTRACTS ESTIMATED COST SUBCONTRACTSSUBTOTAL: d. OTHER (Specif)• categories) ESTIMATED COST S OTHER SUBTOTAL: e. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATED COST 14,125- 11. PROFIT No AGO I Fixed Fee Requested —0— 12 TnTAL PRICE Total Estimated Additional Price 14,125— M EPA F wr, 570D-Al (2-76) Original Contingency Eliminated 5,200-) Net Add'1 Budget Allowance Est. 8,925- "Exhibit A" to FOURTH AMENDMENT r - PART III • r RIC' SUJ.".AP.Y C-C"r 7170R'S CAT A -LOG LIST If ')1: -ROUSE EST'MpTEL, F=.IOR CUOTES I?4PKET PPOPCISE.D 13. !Increare best >`..rprice :r. ^purvaunj `�..� PFIC EI Si r'PICE Worksheet submitted PART IV- CERTIFICATIONS 14, 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 CONTRACT WITHIN THE PAST TWELVE MONTHS? XM YES C] NO (If "Yea" 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 CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1 -15.2 & 1 -15.4 This proposal is submitted for use in connection with and in response to (1) continuation_ to completion design of Unit No. 1 per Grantee request. This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2)._ February 19, 1982 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 may be subject to downward renegotiation and /or recoupment where the above cost and pricing data have been determined, as a result of audit; not to have been complete, current and accurate as of the. date above. (3) February'19, 1982 r �OX�4� DATE OF EXECUTION 51 NATURE OF PROPOSER Blaine L. Harrison Vice. President: Kennedy /Jenks Engineers, I TITLE OF PROPOSER 14. _GPANTEE. REVIEWER - I certify that I have reviewed the cost /price summary set forth herein and the proposed costs /price appear acceotable for subagreement award. - DATE OF EXECUTION � - _ -- E - - -- SIGNATURE O OF REVIEWER TITLE OF REVIEWER 1E. EPA REVIEWER (If applicable) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Form 5700.41 (2.76) - PAGE 2 OF 5 c. RESOLUTION NO. 4784(1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WOMEN'S SHELTER PROGRAM; INC., OF.SAN LUIS OBISPO TO PROVIDE ONE THOUSAND SEVEN HUNDRED FORTY FIVE DOLLARS AND FIFTY CENTS ($1745.50) FOR SERVICES PROVIDED FROM JANUARY 1; 1982 -.JUNE 30, 1982 BE IT RESOLVED by the Council of.the City of San Luis Obispo as follows: SECTION.A . That.certain agreement, attached hereto marked Exhibit "A" and incorporated herein 'by reference, between the City of San Luis Obispo and Women's Shelter Program, Inc.,. of San Luis Obispo. SECTION 2. The City Clerk shall furnish a copy of th.is resolution and a copy of.the executed agreement approved.by it to: Women's Shelter Program Inc., of San Luis Obispo, HRC, City's Finance Director. On motion of Councilman Settle ; seconded by Councilman Griffin and on the following roll call vote:. AYES:'' Councilmembers Settle, Griffin; Dovey, Dunin and Mayor Billig NOES: None ABSENT• None 'the foregoing Resolution was passed and adopted this 6th day of, April ,1982:0, ATTEST: City reek Pame1a.Voge AP ED: as City Administrative ffice R 4784 �.` EXHIBIT "A" A G R E E M E N T Women's Shelter Program, Inc., of San Luis Obispo THIS AGREEMENT, dated January 1, 1982,.for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, (sometimes referred to herein as "City "), and WOMEN'S SHELTER PROGRAM,INC., OF SAN LUIS OBISPO, a non-profit corporation (sometimes referred to herein as Women's Shelter Program). WITNESSETH: WHEREAS, Women's Shelter Progam has requested City to contribute to its human services program of providing food, shelter, and clothing to victims of domestic violence and sexual assualt and their children residing within the City, thereby serving both a public and municipal purpose. NOW, THEREFORE, City and Women's Shelter Program, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Women's Shelter Program agrees to continue its emergency services to victims of domestic violence and sexual assualt and their children (generally described in Exhibit "B" attached) on a regular basis for the period January 1 1982 through June 30, 1982. 2. Women's Shelter Program will provide City with a summary report describing the type and quantity of services provided, and a final report, listing. funds expended and funds received by Women's Shelter Program from other sources. Said reports shall be in a form approved by City's Human Relations Commission. (Exhibit "B" attached). 3. Women's Shelter Program and all of its agents, representatives, and participants in any manner in the performance of Women's Shelter Program's obligations and duties hereunder shall be employees, independent contractors, or volunteers for Women's Shelter Program and shall not for any purpose be considered as employees or agents of City. Agreement City of San Luis Obispo /Vi,...en's Shelter Program Page 2 4. Women's Shelter Program agrees to hold City harmless, and to defend City against, from and in any action, proceeding, or hearing wherein the allegation charging liability on the part of the City as a result of any act or ommission, negligent or otherwise, of.Women's Shelter Program. 5. City agrees to pay Women's Shelter Program the total sum of One Thousand Seven Hundred Forty Five Dollars and Fifty Cents ($1745.50) for rent of a home for Women's Shelter Program for the months of January, February, March and the first five days of April, payable upon receipt of voucher for said expenses during the preiold January 1, 1982 - June 30, 1982.. 6. The City Council may be motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to Women's Shelter Program. Said termination shall be effective thirty days (30) after City mails notice of termination to Women's Shelter Program. 7. For the purpose of notice under this Agreement, all notices shall be considered effective.upon being sent by certified mail to the following addresses: CITY: City Clerk PO Box 321 San Luis Obispo, CA 93406 WOMEN'S SHELTER PROGRAM: Women's Shelter Program, Inc., of San Luis Obispo PO Box 125 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this Agreement "by their proper officer duly authorized. WOMEN'S SHELTER PROGRAM, INC., OF SAN LUIS OBISPO Chairperson -�' Agreement City of San Luis Obispo /Women's Shelter Program Page 3 CITY OF SAN LUIS OBISPO BY. Mayor, Melanie C. Bi11igF ATTEST: / By: j City Clerk mela oges HUMAN RELAT V7- S C ION By: r V�k Chairp I rson RESOLUTION NO. 4783 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE.CLOSING OF STATE HIGHWAY FOR LA FIESTA PARADE WHEREAS, the citizens of the City of San Luis Obispo will be holding their annual community celebration on May 18, 19, 20, 21, 22, & 23, 1982; and WHEREAS, a parade on Saturday morning, May 22, 1982, is an integral part of the La Fiesta celebration; and WHEREAS, La Fiesta is a most important civic celebration, drawing visitors to this city from distant places to see this most extraordinary parade and to visit the-.early-California historical sites of this community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A Parade Permit is hereby issued to La Fiesta Association authorizing the closing of Highway 227 to Broad Street and the closing of Highway 101 off- ramp at Marsh Street during the hours of 10:00 a.m. to 1:00 p.m. on May 22, 1982. 2. The City Police Department and other city departments are directed to cooperate with La Fiesta officials in putting on the parade. 3. The Department of Transportation and the California Highway Patrol shall be notified of the proposed closing of a portion of a State Highway for this parade, and they are hereby requested to approve this action. 4. The City Clerk is hereby directed to notify appropriate city departments and state agencies for forwarding copies of this Resolution. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: R 4783 Resolution No. 4783 AYES: Gouncilmembers Settle „ Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolutin was passed and adopted this 6th day of April 1982. ATTEST: v yor A an e C. Billig Y ity Clerk Pamele Voges Approved: City Administrative Of icer City Attorney 1 LLD e, Hp _.. —Do 7'Q ._.L �:.J`. .. I7:... _ _.,I J''�.. ..11;... ✓Ull L_w�. c:'YL GI:"a., ..�!. _......._J�J .. i RnotutLon No. 4782 (1982 SeAies ) EXPRESSING THE CITV'S GRATITUDE AND APPRECIATION TO POLICE LIEUTENANT CHARLES A.. BALDWIN FOR HIS LONG AND DEDICATED SERVICE TO THE CITY OF SAN LUIS OBISPO AND ITS CITIZENS. WHEREAS, Lieutenant ChaAtes A. Batdw.in has had a .tong and diztinguished eaAeer. with the San Luis Ob.i,spo Pot.iee DepaA,tmewt, totati.ng 22 years, having s-taA,ted h.is seuice to the city in 1960; and WHEREAS, Lieutenant Batdwi.n has served the city in many capacities 6Aom the tank o6 Pot,ice 066icUL to the Aank o6 Potice Lieutenant; and WHEREAS, Lieutenant Batdw.in has . been an extAemety toya.t, .tAu.6 ted and dedicated emptoyee o6 the city-and an admiAed and Aespeeted peace o66.iceA; and WHEREAS, Lieutenant Batdw.in, through his examp.2e5 o6 courage, wizdom, teadersh,ip, peAzenvvLence and .techn,icat knocutedge, h" been an .insp.uLati.on to many; and WHEREAS, Lieutenant Batdw.in's numerous endeavors have enhanced the abititi.es and pu6ess.ionat ,image o6 the Potiee Depa&tment and made the City o6 San Lui,5 Obi po a betta and sa6eA ptaee OA .its citizens; and WHEREAS, "Chuck" is no tongeA abte to peA60Am hvs dutiez due. to heatth Aea6ona and -there6oAe deseAves to. go 6-ish,ing and hunting anytime he pt.ease,,, NOW, THEREFORE, BE IT RESOLVED that this Councit wizhez to express its gratitude to ChaAta Batdw,in 6oA the beAv;icez he has pea6oAmed and the contti.- buti.onz he has made and heheby pAesents him with hiz o66.iciat seAv.ice Aevotvn and tetiAement badge. On motion o6 Counci,tman Gtib6in, seconded by Councitman Settte, and on the 6ottow.ing Aote Batt vote: AYES: Counci,tmembels Gtit'6.in, Settte, Dovey, Dunin and MayoA B.ittig. NOES: NONE. ABSENT: NONE. the 6oregot.ng Resotution was passed and adopted this 29th day o6 Match, 1982. City CteAk PameV Voges Mayon letaiiie. C.. B.i.4'..('.ig M RESOLUTION NO. 4781 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY AND MC DONOUGH, HOLLAND & ALLEN, ATTORNEYS AT LAW. BE IT RESOLVED:by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain letter of agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and McDonough, Holland & Allen, Attorneys at Law is hereby approved. SECTION 2. The City Clerk shall furnish a copy of this Resolution to:. Finance Director, City Attorney, McDonough, Holland & Allen (ATTN: Dennis W. DeCuir) . On motion of Councilwoman Dovey , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of March , 1982. -e YO LANIE C. B LLIG ATTEST: CITY CLERK PAf01ELA VLOGES VMV City Attorney Public Sdrvice7s`x1rector R 4781 EXHIBIT "A" _ �ICDONOUGII, HOLLAND & ALLEN MARTIN McDONOUGM O. WILLIAM DENTING A PROFESSIONAL CORPOPATION A LFRED E. HOLLAND DAVIO F. BEATTY ATTORNEYS BRUCE F. ALLEN JAM CS 0.O NEAL V. BARLOW GOFF ALICE A. WOODYARD JOSEPH E COOMES. JR. MICHAEL T FOGARTY 555 CAPITOL MALL. SUITE 9SO WILLIAM G. NOLLIMAN, JR. ANN O CONNELL SACRAMENTO, CALIFOR NIA'95814 DAVID J. SPOTTISWOOD HARRY E. MULL. JR. ELMER R. MALAKOFF JEFFRY R. JONES (916) 444 -3900 RICHARD W. NICHOLS ROBERT W.00ONNOR DONALD C. POOLE BETSY S. KIMBALL RICHARD W OSEN WILLIAM F ZIPPICK RICHARD E. BRANDT 'WILSON S. HART GARY F. LOVERIDGE SUSAN S. FRANCE5CH1 O. RICHARD BROWN 'SABINA D. GILBERT DENNI5 D. ONCIL DAWN H. COLE DAVID W. POST JOHN. M. TAYLOR "SUSAN K. EDLING ARCHIE T. WRIGHT. M BRUCE MFDONOUGN JANET NCELEY- KVARME WILLIAM L.OWEN DENNIS W. BE CUM February 12, 1982 George C. Thacher, Esq. City Attorney City of San Luis Obispo P. O. Box 321 San Luis Obispo, CA 93406 FELIA 5. 'A'AM0HAFTIG '1909 -1969 NEWPORT BEACH OFFICE 4041 MKCAPTHUR BOULEVARD. SUITE 190 NEWPORT BEACH,CALIFOPNIA 32660 (714) 63 3-230 4 IN REPLY REFER TO: Subject: Appeal of Grant Condition: City of San Luis Obispo Waste Water Treatment Plant. Dear George: Thank you for engaging us to represent the City.of San Luis Obispo in its appeal of a grant condition to the State Water Resources Control Board. I'received the box of docu- ments you transmitted yesterday. On behalf of the firm, I want to express our appreciation for retaining us. As I mentioned on the phone, fees for legal services are billed on an hourly basis, in tenths of an hour, at standard billing rates for each attorney, legal assistant, and law clerk. Fees for my services are billed at $85 an hour. More senior lawyers bill at higher rates. Fees for legal assistants and law clerks range from $25 to $40 an hour. Fees are billed monthly. An administrative charge of 2 1/2% of fees per month is added to cover the usual costs of postage, copying, telephone and delivery service. Extra- ordinary costs, such as voluminous reproductions or printing charges, are billed separately: Out -of- pocket travel expenses are separately itemized and separately billed. George C. Thacher, Esq. February 12, 1982. Page 2 It is understood that I will be responsible for your work. Bruce McDonough will be familiar with the matter in my absence from the office. I will take the materials you have provided and digest them as soon as I can. Please let me know if you have any suggestions. Very truly yours, Dennis W. De Cuir Attorney DeC:ddb a