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HomeMy WebLinkAbout4800-48491 RESOLUTION NO. 4849 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A FIFTH 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 Dunin seconded by Councilman Settle and on the following-roll call vote: AYES: Councilmembers Dunin, Settle, Doveand Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this lst day of June , 1982. ATTEST: 42"z' C/ CITY CLERK MAYOR r RESOLUTION NO. 4849 (1982 Series) APPROVED: City Administrative Offic r City Attorney �� �,,21` -?v�� .. // % �� � I� -� L' � �`'' .�' .. l ~ I 1 c f(;I' :AI FIFTH AMENDDLS;;T TO AGREEMENT CONSULTING ENGINEERING SERVICES IN COlII=ION WITH WASTEWATER TREATPfENT AND DISPOSAL FACILITIES This Fifth Amendment to Agreement, made and entered into this 1st day of June , 1952, by and between the CITY OF SAN LUIS OBIS_PO, California, hereinafter referred to as the "CITY ", and KENNEDY /JE.NNKS ENGINEERS, INC. (successor to the engineering practice of Jenks & Harrison, In formerly known as Jenks & Adamson), a California Corporation, herein- after referred to as the "ENGINEER "; W I T N E S S E 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 AGR=fENT being in the form of an ENGI\'EER's Proposal, formally accepted by the CITY on March 31, 1975, said accepted Proposal hereinafter referred to as the "AGREE ?fENT ". 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 [dater 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, ENGINEER has proceeded with the revisions necessary to pre- pare Plans and Specifications for Project Unit No. 1, and CITY has offici- ally called for construction bids and set the advertisement date for re- ceipt of said bids on this Project Unit No. 1.; and WHEREAS, CITY desires ENGINEER to provide Step 3 (construction engin- eering) services in connection with construction Project Unit No. 1, and ENGINEER is competent and willing to provide such construction engineering and related Step 3 services: NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree to amend the AGREE1ENT, and previously' - approved A,NfEND- ME117TS TO AGIL?EMENT, as follows: 1. SERVICES TO BE PROVIDED. The ENGINEER shall provide Step 3 const- ruction engineering and related services in connection with Project Unit No. 1 for the Wastewater Treatment Plant Improvements as follows: [5th Amend) - 1 - A. Provide on -site technical personnel for review of construction activities for compliance with design p1..ans and specifications; assistance in construction contract administration in accord with grants regulations, and.guide -lines for construction manage- ment issued by the Division of Water Quality (DWQ); review and recommend for CITY approval construction contractor's cost breakdowns, progress payment estimates, and final payment re- quest; perform and /or provide for materials testing in accord with project specifications; conduct interim and final testing of operational equipment and electrical /insErumentation comp- onents; conduct final review and provide recommendation to CITY as to acceptance of completed construction improvements. B. Maintain up -to -date records of field changes and encountered deviations from design drawings; prepare and provide CITY with Record Drawing tracings of completed construction project. C. Provide review, consultation, and processing of construction contractor's shop drawings and submittals in accord with requirements of contract specifications and plans. D. 'Provide design- related support services in connection with special technical reviews on system design, interpretations of specifications, preparation of routine design modifications and justifications for change orders, including cost estimates in connection therewith, back -up support for contractor -field engineer negotiations and resolution of field- encountered con- flicts, attendance of conferences and meetings, assistance in inter -face situations between contractors and ancillary parties. E. Provide limited review and outline of up -dated materials for Operation and Maintenance Manual., Revenue Program, and Plan of Operation. (Note: It is understood that final forms of these items will be required as a part of the construction program for Project Unit No. 2 of the Wastewater Treatment Plant improvements, and that service for completion of these items will be provided for by subsequent and separate Amendment to Agreement.) E 2. TIME OF COMPLETION. The services by ENGINEER under this FIFTH AMENDHENT TO AGREEMENT shall be completed within two months following the initial construction contract completion date.for Project Unit No. 1. If ENGINIEER's services are required beyond this time for reasons beyond the control of the ENGINEER, the cost and fee are subject to re- negotiation beyond the limits set forth hereinafter the section titled COMPENSATION. 3. COMPENSATION. Compensation to ENGINEER for services under this FIFTH AIMEND.ME T TO AGREEMENT shall be on a Cost- Plus -Fixed -Fee (CPFF) basis, as set forth below: 15th Amend.] - 2 - Item/ Description Total Estimated Cost (1) Fifth Amendment: $165,750 - Step 3 Services for Project Unit. No. 1 A. Notations: Total ToLaI FIXED FEE (2) hud et EsLi^nLe (3) $25,150- $1°0,900- (1) Total estimated cost is based on estimated man - hours., employee classification, current wage rates, provisional overhead rates on the foregoing and on estimated direct costs as shown on lines 7, 8, and 9 of EPA Form 5700 -41, attached hereto. Actual costs shall be based on employees, detailed time sheets, salary rates actually paid employees, actual overhead costs as determined by audit of ENGIvE -ER's financial records for the year in which the work is accomplished, and on other actual direct costs. (2) Fixed Fee shall mean fixed dollar amount payable to EIGINEER as profit, as defined in ERA regulations, and ident- ified in line 11 of EPA Form 5700 -41, attached hereto. The . total fixed fee amounts for this Amendment will be adjusted only if the scopes of worn and /or time schedules are revised by subsequent Amendment. (3) Total Budget Estimate shall mean sum of columns (1) and (2) which is the maximum allowable compensation payable under this Amendment without subsequent revision thereto. B. Actual costs shall include: (1) Actual direct labor costs expended, plus the applicable provisional percentage of direct labor costs set forth below for Combined Overhead Costs plus direct expenses in connection therewith. Said provisional overhead rates shall apply until modified by subsequent amendment. (2) The Combined Overhead Costs for Kennedy /Jenks Engineers, Inc. are defined as those costs to cover all taxes, payments or premiums measured by or applicable to the time of performance of such Direct Labor, such as, but. not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical /hospital insurance, salary continuation .insurance, pension plan costs and pro rata allowances for vacation, sick leave and holiday pay; and furthermore, the Combined Overhead costs include those general and administrative costs, allowable under the cost principles of 41 CH 1 -15.4 to the ENGINEER during the period of the services. It is hereby agreed that said provisional Combined Overhead rate, based on projected estimates, shall be 147.7 percent on direct wages and salaries paid for work on said projects. [5th Amend.) - 3 - (3) Direct F.;;pcnses incurred by Kennedy /Jenks Enc,ineers, Inc., shall include, hnL not be limited to: (a) Rental of equipment. (b) Automobiles used intermittently in conjunction with the project will be billed at a rate of $0.25 per mile. (c) Identifiable communication expenses such as telephone telegraph and cable. (d) Travel and subsistance (per diem) expenses outside the San Francisco Bay Area (except for local based on -site Field Technician). (e) Subconsultants and subcontractors, including consulting and special technical services, also including charges for physical tests or measurements, performed by others. (f) Special equipment purchased by the ENGINEER as his property and rented to the CITY. (g) Computer rental and use fees. (h) .Identifiable reproduction costs such as film with processing and printing thereof; printing reports, specifications and drawings; record drawing repro- duction, photostats, microfilming, and binding will be paid upon.submission of invoices. All directly charge= able expenses will be billed as invoiced and an amount for such items as risk and profit is included in the •Fixed Fee. (4) Normal payroll rates are for 40 hours per week.. Direct labor costs for non - professional staff will. be at an.overtime rate of 150 percent of regular rate for all work in excess of 40 hours per week. Direct labor costs for professional staff will be at the current applicable rates actually paid the employee for the time charged to the Project multiplied by the applicable Overhead Cost rates. The ENGINEER shall, at its sole discretion, determine the need_ to utilize overtime work in order.. to meet project schedules. C. Total Budget- Authorization: The Total Budget Estimate for total compensation for services described herein for the Project shall not be increased unless authorized by subsequent Amendment. D. Progress Payments.: Progress Payments will be made monthly by the CITY on approval of an itemized statement from the ENGINEER which contains actual costs and a prorated portion of the Fixed Fee, as set forth hereinabove. 4. ORIGINAL AGREEMENT AND t'MZNM12NT I` FORCE. Except as Amended herein this FIFTH AMEND"E:T TO AGREE. -E`7, the conditions, obligations and benefits of the original AGPE °:;ENT and subsequent executed Amendments thereto, shall remain in full force and effect. [5th Amend:J - 4 - 1� IN WITNESS WHEREOF, CITY and 'ENGINEER have e:•cecutc•d this YIFTE AMENDMENT TO AGRFF!IENT the day and year first above written. CITY OF SAN LUIS OBISPO Mayor ATTESTS City Clerk i (/ - KENNEDY /JEN'KS ENGINTEEERS, INC. 7%'7 -.tom yy� S'ioi Vice P= ,5 dent Vice Presid'nt /Secretary APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: p � City Administrative ff _er Director of Public Services [5th Amend.] — 5 — t CAST 6R PRICE A Y F F"i: SUSAGREEmENTS Ut,DER U.SOA G1ANTS • S... 1:,u;X bc 10r!- form) F A j,p r(, o-d 0 A' ri. 1 PAP •T I - G E I,' E R A L 1. GRANTEE CITY OF SAN LUIS OBISPO "PA"T ?-U•'_'EP C-06-1215 3. NAME OF CONTRACTOR OR SuE.,cor.-. rA-Tor KENNEDY/JENKS ENGI S•ERS, INC. 4. '-ATE CF P;�Or�,'AL - "'arch 17, 1 1982 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) Kennedy/Jenks Engineers 543 Byron Street Palo Alto, California 94301 6. TYPE OF SERVICE TO BE FUFNISHED Step 3 (Construction Engineering) Services in connection with the Unit No. 1 Project of the City Wastewater Treatment Works Imprvmts. [5th Amendment] PART II•COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTI. MATED I HOURS HOURLY I RATE ESTIMATED COST TOTALS (Worksheets submitted) I Is 7 On-site Const.En /TrIspection/Review 13,0611) Record Drawings I 80I Worksheets 62.066- Shop Drawings /Submittals 6041) Design-related support; Routine C.O.'s 2601) ORM/Rev.Program: Limited Review for Update 1201) DIRECT LABOR TOTAL: I - I S 62.066- S. INDIRECT COSTS (Speclry indirect cost pool&) RATE u BASE = ESTIMATED COST Is Combined Overhead 1.477 62,066:�- 91.671- INDIRECT COSTS TOTAL: 91,671- 9. OTHER DIRECT COSTS a.TRAVEL (Worksheets submitted) ESTIMATED COST ())TRANSPORTATION 21,000 mi @ 0.25 5,250- (2) PER otem est. 30 overnight situations @ est. 20- S 600- TRAVELSUBTOTAL: 5 5.850- b. EOUIPMENT, MATERIALS, SUPPLIES (Specify categories) I J OTY COST ESTIMATED COST Identifiable communications: Tel calls 150 Is est 3.00 S 450 - Blueprinting services: (worksheets) works Bets est 213- EOUIPME NT SUBTOTAL: 663- [.SUBCONTRACTS (All EPA small purchases) ESTIMATED COST Electrical/Instrumentation E.L.Muszynski ( Design Elect) S 2,500- Materials Testing/Analyses(HBE if avail. in area 2 000 - Misc. Professional/Technical Outside Consults allowance 1.000- SUBCONTRACTSSUBTOTAL: s 5,500- d. OTHER (Specify categories) 'ESTIMATED COST OTHER SUBTOTAL: Is e.• OTHER DIRECT COSTS TOTAL: 5 12,013- 10. TOTAL ESTIMATED COST S 165,750- 11. PROFIT Profit + Mar in = FIXED FEE Is 25,150 12. TOTAL PRICE Total Estimated Price -IS 190.900- c rA r arm w".4i 11.101 "Exhibit A" for FIFTH AMENDMENT yi PART III - PRICE SU ". ".Ai, f COMPETITOR'S CATALOG LIrTINGS. IN-HOUSE ESTIVAT CS. Pr%IOR CU'T 1.5 ac:. -iT (lndl(a(f l,:. era Inr lnlrr cursarlsun) .. ;, C'$. I -=1rE t .submitted) (Worksheets 1 - s PART IV- CERTIFICATIONS 14. CONTRACTOR 14a. HAS A FEDERAL AGENCY OR A FEDEPALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEC£RAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS? ® YES fJ NO (It "Yet" 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 /4b THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES " 41 CFR 1 -15.2 and 1 -15.4 14e. This proposal is submitted for use in connection with and in response to (1) continuation of anoin o.-ing services on project 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) March 17, 1982 and that a financial management capability exists to fully and accu- ratelyaccount forthe 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) March 17, 1982 G DATE OF EXECUTION SIGNATURE F PROPOSER Blaine L. Harrison Vice President, Kennedy /Jenks Engineers,Inc TITLE OF PROPCt'_R 14. GPANTEE REVIEWER 1 certify that l have reviewed the cost /price summary set forth herein and the proposed costs /price appear acceptable for subagreement award. /. 19R77 OATf OF EXECUTION SIGN TUBE OF REVIEWER TITLE OF REVIEWER 16. EPA REVIEWER (fl applicable) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Farm $700 -41 (2 -76) PAGE 2 OF 5 RESOLUTION NO. 4848 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING.SEWER FUND APPROPRIATIONS FOR THE 1981 -82 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following sewer fund account be increased in the amount stated to provide'for. wastewater treatment and reclamation plant enlargements: Account. No (90) (EPA�1) 52- 7162 =720 Description Sewer Plant -EPA Improvement Project Phase l Amount $1,423,000 SECTION 2. That $178,000 be transferred from the sewer fund capital replacement reserve to provide for the city's portion of the above project. SECTION 3.. That estimated revenues of the sewer fund be increased in the following amounts to recognize the estimated grant reimbursement for the project: Estimated Federal EPA Grant Reimbursement.- $1,077,000 Estimated State Grant Reimbursement — $178,000 On motion of Councilman Settle and on the following roll call vote: , seconded by Councilman Dunin , AYES: .Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1st day of June , 1982. Y R ATTEST: CI CLERK J APPROVED: C y Administrative 0 fice City Attorney Finance cto Public Services Director T� /f,/ �o�2rlG� 1 RESOLUTION NO. 4847 (- 1982Series) 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: Wastewater Treatment and CITY PLAN NO. No number Reclamation Plant Enlargements BUDGET ACCOUNT: (90)52- 716.2 -720 ESTIMATE: $1,362,100 BID AMOUNT:: $963,000 BIDDER: E1 Camino Construction Co. 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 Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this lst day of June 1982. �T ATTEST: CITY CLERK e Resolution No. 4847 APPROVED: City Administrative Officer City Attorney :inance ec or Public Services Director 1982 Series -70 - �liia -r%GP� 0 1 RESOLUTION NO. 4846 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR. SUBDIVISION 82 -61 LOCATED AT 410 HIGUERA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 82 -61 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 C -R -S zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 subdivision. 5. The proposed parcel map is categorically exempt from environmental determination. SECTION 2. Conditions. That the approval of the tentative map for Minor Subdivision 82 -61 be subject to the following conditions: 1. Subdivider shall dedicate sufficient right -of -way across the frontage of the property to allow construction of a right turn lane at the corner of Higuera Street and Highway 101 on -ramp for street widening purposes, to the approval of the City Engineer. 2. Subdivider shall grant drainage easements for Sterner and San Luis Obispo Creeks within the project site including slope bank easements required for the realignment and /or reconstruction of the Marsh Street Bridge. 3. Subdivider shall extend a water line from Brizzolara Street waterline to the north property boundary in an easement granted to the city and provide an all - weather accesssfor, maintenance of the line. Secondary emergency access to the property shall be provided to the approval of the Public Services Director and Fire Marshal. e• J Resolution No. 4846 (1982 Series) Page 2 4. Subdivider shall grant an easement to the city for the existing 12 -inch sewer line on this property and provide all- weather access to the approval of the City Engineer. 5. Subdivider shall grant to the city a blanket easement on this property to permit the city to relocate the existing 1.2 -inch sewer main when creek widening occurs. On motion of Councilman Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dunin, NOES: None ABSENT: Councilman Griffin Settle, Dovey and Mayor Billig the foregoing resolution was passed and adopted this 1st day of June , 1982 Mayor ATTEST: 1L Zz'/"X' i City /Clerk f City Attorney Community fevelopment Director a l „, ,_ ass - - RESOLUTION NO. 4845 (1982 Series) A RESOLUTION OF THE - COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF IMITATIVE MAP FOR MINOR SUBDIVISION 82 -88 LOCATED AT 120 PRADO ROAD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 82 -88 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 C /OS -20 zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 subdivision. 5. The proposed parcel map is categorically exempt from environmental determination. SECTION 2. Conditions. That the approval of the tentative map for Minor Subdivision 82 -88 be subject to the following conditions: 1. Final map shall note contiguous property under same ownership as not a part of the subdivision. 2. Final map sha-11 note all easements running through the site including an easement over San Luis Creek to the approval of the City Engineer. 3. Final map shall note all areas subject to inundation during a 100 -year design storm. 4. Subdivider shall install curb, gutter, street paveout• and street trees along Prado Road frontage of the subdivision. These improvements, other than for the project site for City Corporation Yard are deferred until the site is further developed':or when.-cal-led for by the City Engineer, but no later than July 1, 1987. Resolution No. 4845 (1982 Series) Page 2 On motion of Councilman Settle , seconded by Mayor Billig , and on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 1 st day of June , 1982 ATTEST: Ci ' Clerk APPROVED: C� Administrative Offi er A,/YtI/Q- City Attorney 7E4�n V-0 •- Community Development Director N 0­4�lyor �0 55 , S Ala -�'i vr��r^ RESOLUTION NO. 4844 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 82 -41 LOCATED AT 1813 OSOS STREET AND 1880 SANTA BARBARA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Minor Subdivision No. 82 -41 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 develop- went which is permitted in the C -S -S zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 subdivision. 5. The proposed parcel map is categorically exempt from environmental impact requirements. SECTION 2. Conditions. That the approval of the tentative map for Minor Subdivision 82 -41 be subject to the following conditions: 1. Subdivider shall remove Church Street surface improvements and install landscape planting and walkways to the approval of the Architectural Review Commission and Public Services Department. 2. Subdivider shall install standard curb, gutter, sidewalk, and street trees along Osos and Santa Barbara Street frontages to replace Church Street improvements, to the approval of the Public Services Department. 2 Resolution No. 4844 (1982 Series) Page 2 3. Subdivider shall relocate fire hydrant if necessary, to the approval of the Public Services Department and Fire Department. 4. Final map shall show street right -of -way as an easement for existing or proposed utilities unless existing utilities are relocated to the approval of the City Engineer and affected utility companies. 5. Final map shall show proposed parcels 2 and 3 combined into one parcel to the satisfaction of the Community Development Director. On motion:of�Mayor Billig, seconded by Councilman Settle, and on the following roll call vote: AYES: Mayor Billig, Councilmembers Settle, Dovey and Dunin NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 1st day of June, 1982. ATTEST: City Clerk Pamela VAgers APPROVED: 'Administrative Officer M/� City Attorney Community De elopment Director r RESOLUTION NO. 4843 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 993, "DANA GARDENS" (MAXWELLTON INVESTORS, SUBDIVIDER). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council made certain findings concerning Tract 993 as contained in Resolution No. 4664 (1981 Series). SECTION 2. Whereas a set -aside letter in the amount of $25,500.00 is on file to guarantee installation of subdivision improvements including $8,500.00 to guarantee labor and materials. SECTION 3. This Council hereby grants approval of the final map of Tract 993, and authorizes the Mayor to execute the agreement. SECTION 4. This Council hereby quit claims that certain sanitary sewer easement granted by document recorded on September 24, 1956 in Volume 863 at page 327, Official Records of San Luis Obispo County Recorder's Office, in exchange for a "blanket" sewer easement as dedicated on the final map of Tract 993. SECTION 5. All on -site driveways, non - structural improvements such as fencing and landscaping approved by the ARC and on -site utilities shall be installed prior to issuance of occupancy permits in accordance with Resolution No. 4664 (1981 Series) -.. On motion of Councilwoman Dovey and on the following roll call vote: seconded by Councilman Settle AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolutions was passed and adopted this 1 st day of June , 1982. Resolution No. 4843 (1982 Series) ATTEST: CITY CLERK Pia City Administrative Officer AonAn- City Attorn City ETikineer � °SS ^' 1 l A G R Ii i -, %1 h: N T THIS AGRFEMF.NT, dated this 1 st day of June, 1982, b, and between MaxweIIron Investors, a Limited Partnership, herein referred to ns "SUbdivider ", .nnd the CITY OF SAN LUIS OBISPO, herein referred to as the "City" WIT'NESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final Map of Tract 993, City of San Luis Obispo, California, as approved by the City Council, on the 1 St day of June , 19 82 WHEREAS, the Subdivider desires that said Tract 993 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. NOW IIIEREFORF, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regula- tions, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER MINS C , hlLtUdi,16 and water services to the curb stop. 4. DRAINAGE S'rRUC,'rURES (�(' 5. 6. \`ELECTRIC, GAS, TELEPHONE and CABLE. TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facili.ties to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY S ALI, OTHER IMPROVEMENTS shown on plans or required by City repuIat inn;, All the above facilities shall be installed in the locations designated :and to the plans :nnd specifications on file and approved by said City Fngineer. 1\ The lines and grades for all of said improvements shall be us:ab- lished by the Subdivider in accordance with said approved plans and specifications.. The Subdivider agrees that the work of installing the above improve- ments shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security 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. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City Council. The subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council: 1. The subdivider shall pay water acreage fees in the amount of $531.58 (0.458 Ac @ 1160.00 per acre). 2. The subdivider shall pay a park -in -lieu fee of $6,842.50 (0.0115 x 7 x $85,000). 3. The subdivider shall deposit with the city the sum of $200.00 to guarantee monumentation of this subdivision. 4.- The subdivider shall comply with all the Flood Damage Prevention Regulations. adopted as a City Ordinance on February 20, 1979 and amended May 18, 1979, and shall have a Civil Engineer or Land Surveyor certify in writing prior to occupancy that such regulations are complied with, Per Section 9810 (F). As to public lands or section property included within said Subdivision -, if any, for the restoration of lost section corners and for retracement of section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. -2- The Subdivider hereby attaches hereto. and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of $17,000.00, and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective . construction of said improvements occurring within twelve (12) months . after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof against, any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic or.progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees option, declare the bond, instrument of credit, has been posted by Subdivider, to guarantee fai fbrefeited and utilize the proceeds to complete City may complete said improvements and recover thereof from the Subdivider of his surety. that City may, at its or cash deposit, which thful performance, said improvements, or the full cost and expense The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $510.00, from which deposit the City will pay the salary and expenses of an -3- V inspector or inspectors to inspect installation of said sI:bdivision improvements and certify that they have been completed in rtccordance with the plans and specifications. Any unexpended monies will be r,,turned to the Subdivider. In the event the inspection fees exceed the >:um of $510.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said.inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" — All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. 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. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: 1 St day of June , 1982 Approved as to form: MAX4ELLTON INVESTORS City Attorney General Partner 1 st day of d rah Mayor Attest'. City EUgi eer City Clerk -4- A lit �aLn,N�,��C�Eaw� I`Oi2 € 1 p f�J •� c� Q �a ra gg 777 y C4ii h \ ��e Q \ H�` ;0 f � �• W [�`0 � CRti� .ten • 6\�'CV 0• V Pz Zt`3�O�fleE,s> `• v 0 O� m M , k pppg f 'p�,1 � 8 � • � Vk O t� \nw SC ZVQ t `a�t•i a ^ ? U \o:v`o I�tiai 8 *�`5 R a� Ice 44...E 2a.n Czi Iz i % ii•F w�� � �•t a3 i� po�� ly ���e�� � � ° ° \3gg � . iYe/ h5�ei ti \u\.�•ooV �� Q�Q�i \\l\ Qll ♦i Ctjl `�C� Z ,� \0 � � ^�t{ `]a�y� Z �� tt ai Vlo /fit J _ VC�i *tjj V I \ (3 \ s f City of said WIS, OBISPO M. . INAL MAP APPROVAL ft"Et-, PROJECT NAME Dana Gardens DESCRIPTION 8 Unic Airspace Condominium MAP NUMBER —TR 993 --SPECIFIC PLAN— REZONING GEN. PLAN USE PERMIT_ VARIANCE __ ARC OTHER PUBLIC IMPROVEMENT CONDITIONS # DESCRIPTION INLTIIAL DATE COMMENTS, 1 2 GRADING including planting & retaining Walls STORM DRAINS & DRAINAGE STRUCTURES NIX 3 SEWERS & SERVICES h + 3 4 5 WATERLINES & SERVICES FIRE HYDRANTS 6 CONCRETE Curbs and Gutters ------------- Sidewalks 7 STREETS & PAVING r. r, ec Pavement Signing, striping and curb painting —8 NON•CITY UTILITIES P 6-AE. — Electrical Street Lights Cable TV Telephone Co. Gas Com pany 9 FEES RECEIVED (Wafer, Sewer) 10 PUBLIC IMPROVEMENTS payments received -1 L .... I 1-1 AGREEMENT CONDITIONS have been met 12 MONUMENTATION 13 14 STREET TREES OFFSITE WORK -7/ I 15 16 BONDIGUARANTEE deposited PARK dedication or in-lieu fees OTHER CONDITIONS 18 19 Board of Adjustments Planning Commission 20 Architectural Review Commission &,WC_0u_nc_fl NIX 2-1 22 Abandonments 3 Other I Z11-i S'l OF CON't 6 & CC: lf,al. CQ: I r I % i RESOLUTION NO. 48420982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SIX -MONTH TIME EXTENSION FOR TRACT 895 LOCATED AT 1445 PREFUMO CANYON ROAD WHEREAS, the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that a six -month 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 Tract 895 is granted a six -month time extension to November 6, 1982, subject. to original tract map conditions as specified in City Council Resolution No. 4161 (1980 Series) attached hereto and one revised condition of approval as follows: 16. Subdivider shall revise tentative tract map to correspond to site plan approved pursuant to variances V0961 and V0962 and Architectural Review Commission Resolution 92 -81 prior to tentative map being considered by the City Council. On motion of Councilman Dunir , seconded by Councilwoman D and on the following roll call vote: AYES: Councilmembers Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 1 st day of June 1982. Mayo ATTEST: _/� 22��'e Ci y Cleik Resolution No. 4842(1982 Series) Tract 895 Page 2 APPROVED: Cam - Ci Admiais rative Offic r City Attorney 7gtn� eO,� Communfiy D elopment Director RESOLUTION NO.4161(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE TENTATIVE TRACT NO. 895 LOCATED AT 1445 PREFUMO CANYON ROAD 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 Tract 895 and the Planning Commission's recommendations, staff recom- mendations and reports thereon, makes the following findings: 1.. The tentative map is consistent with the general plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. 3. The site is physically suitable for the type.of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for tract 895 be sub- ject to the following conditions: 1. Subdivider shall grant a 6 -foot public utilities easement along both street frontages of the property. 2. Subdivider shall grant a blanket easement over the common lot area, except under structures for public utilities serving the site. 3. Subdivider shall provide individually metered water service to each unit. .Meters shall be located at driveway entrance to each unit, to approval of the Public Services Department. Water main serving on -site fire hydrant shall be public within easement, to the approval of the City Engineer. R 4161 ^1 Resolution No. 4161 Tract 895 Page 2 4. All on -site sewer lines shall be privately owned and maintained. On -site system shall be redesigned to drain to Los Osos Valley Road, paralleling the drainage facility between units 8 and 9 (as noted on addressing plan) to the approval of the Public Services Department.. 5. Subdivider shall install two fire hydrants, one on -site and one at street frontage of Los Osos Valley Road, to the approval of the City Fire Department. 6. Grading plan shall be revised to approval of the City Engineer prior to final map approval. 7. A retaining wall (approximately 2 -foot height) shall be constructed south- east of units'll through 16 to approval of the City Engineer. 8. Private driveways shall be designed with minimum Traffic Index 4.0 with concrete curbs and gutters, to the approval of the City Engineer. 9. Entrance driveway shall be "curb return" type, designed to the approval of the City Engineer and Community Development Director. 10. No units adjacent to interior driveway shall overhang driveway area. A clear vertical clearance shall be maintained at all times. 11. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community.Development Director prior to final map approval. CC &R's shall contain the following provisions: A. A homeowners association to enforce the CC &R's and provide for pro- fessional, perpetual maintenance of all common areas including land- scaping, building exteriors, private driveways, private utilities, lighting, walls, fences, etc., in first class condition; homeowners' association shall maintain area within the street right -of -ways between back of sidewalk and front property line. B. Grant to the City of San Luis Obispo the right to maintain common area and building exteriors if the homeowner's association fails to perform, and assess the homeowner's association for expenses incurred. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places. E. No outside storage of boats, campers, motorhomes and trailers nor long- term.storage of inoperable vehicles.. F. No outside storage by individual units except in designated storage areas. G. Homeowner's association to provide for maintenance and repair of pri- vate sewer lines. Resolution No. 4161 Tract 895 Page 3 H. No change in city- required provisions of CC &R's without prior City Council approval. 12. Units shall be numbered and addressed to the approval of the Community Development Department. Subdivider shall install directory signing at project entrance to the approval of the Community Development Director. 13. All on -site driveways, nonstructural improvements, and utilities shall be installed as subdivision improvements. 14. Subdivider shall provide and the homeowner's association shall maintain appropriate "no parking" signs and red curbing as required by the City Fire Department and City Engineer. 15. Subdivider shall install landscaping and irrigation system within the street right -of -way along the property frontages to the approval of the Community Development Director. 16. Subdivider shall revise tentative tract map to correspond to site plan approved pursuant to variances V0811 and V0812, and Architectural Review Commission Resolution 4 -80 prior to tentative map being considered by the City Council. On motion of Councilman Bond , , seconded by Councilman Munger and on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of May 1980. ATTEST: City C J.H. Fitzpatrick Resolution No. 4161 Tract 895 Page 4 Approved as to form: Approved as to content: City Attorney City7Admjfiistratfve Officer Community levelopmen � Director City "Engineer J /-SOSS r. � �� � 1 �✓6-0����c.� �- /z� -�i RESOLUTION NO. 4841 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEHENT BETWEEN THE CITY AND PACIFIC GAS & ELECTRIC FOR POWER PURCHASE FOR HYDROELECTRIC FACILITY BE IT ltr:SOLVED by the Council of the City of San Luis Obispo as follows: SECTIG,. 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and PACIFIC GAS & ELECTRIC Ls hereby approved and the Mayor is authorized to execute the same. :iECTIONI '. The City Clerk shall furnish a copy of this resolution and a copy of th(- executed agreement approved by it to: City Finance Director; Pacific Gas & Electric On motion of Councilman Settle and on the • '.lowing r,,ll call vote: _, seconded by _Councilman Dunin : \YES: Councilmembers Settle, Dunin, Dovey and Mayor Billig �JOIsS: None ABSENT: Councilman Griffin the i.,regoin, Resolution was passed and adopted this I st A'f'I'P.S CCT CLERK A]" E C1ty :ldmini�trative 0 c- r r City At irance day of June , 1982. CYOr74E-,.) POWER PURCHASE AGREEMENT FOR HYDROELECTRIC FACILITY (More than 100 kW) BETWEEN CITY OF SAN LUIS OBISPO AND ` PACIFIC GAS AND ELECTRIC COMPANY THIS AGREEMENT is entered into as of the lst day of June , 1982_, by and between the CITY OF SAN LUIS OBISPO ( "Seller "), a city organized under the laws and statutes of the State of California, and PACIFIC GAS AND ELECTRIC COMPANY ( "PGandE "), a corporation organized and existing under the laws of the State of California, hereinafter sometimes referred to collectivelv as "Parties" and individually as "Party ". r RECITALS A. Seller owns or will own and operate a hydroelectric generation Facility,* and B. Seller wishes to sell, and PGandE wishes to purchase, electric power from the Facility, C. PGandE has no direct financial involvement in the investment, construction, operation or maintenance of Seller's generation Facility. NOW THEREFORE, in consideration of the mutual' covenants and agreements hereinafter set forth, the Parties agree as follows: ARTICLE 1 SALE OF POWER (a) Seller agrees to sell -and deliver and PGandE agrees to purchase and accept delivery of energy at a maximum rate of delivery of 768 kW. (b) Seller's [Nameplat Facility located on the Reservoir and the City plant in the City of energy .set forth above. 768 kW e Rating of Generator(s)] Salinas pipeline between the Salinas of San Luis Obispo's water treatment San Luis Obispo shall provide the * Initial capitalization of words and phrases other than proper names indicates that these terms are defined in. paragraph A -1 of Appendix A - Power Purchase General Terms and Conditions. 1 (c) The scheduled date of operation is March 1983. ARTICLE 2 TERM OF AGREEMENT This Agreement shall be binding upon execution and shall remain in effect for a term of 30 years from the Operation Date; provided, that Seller may at any time terminate this Agreement by giving written notice thereof to PGandE, subject to possible repayments and payment adjustments. ARTICLE 3 PURCHASE PRICE AND METHOD OF PAYMENT (a) Energy For energy delivered to and accepted by PGandE, PGandE shall pay Seller amounts determined in accordance with Appendix B - Schedule of Energy Purchase Prices,, multiplied by Factors F1 and F2 shown in subsection (b) below.* (b) Factors* For this agreement the factors used above shall be: F1 0.99 F2 1.02 The F1 factor will be .applied to all payments for energy delivered pursuant to this Agreement; provided that after the California Public Utilities Commission issues its decision in its Order Instituting Rulemaking (OIR2), the F, factor shall be applied only to the extent it is authorized in such order or any subsequent order regarding the purchase of power from small hydro power production facilities. ARTICLE 4 NOTICES All written notices pursuant to Section A -18 of Appendix A - Power Purchase General Terms and Conditions shall be directed as follows: To PGandE: Manager, Power Control Department Pacific Gas and Electric Company 77 Beale Street San Francisco, California 94106 * Appendix E - Factors for Hydroelectric Power provides information that can be used to estimate these factors. 2 To Seller: David F. Romero Director - Public Services Department 990 Palm Street Post Office Box 321 San Luis Obispo, California 93406 ARTICLE 5 DESIGNATED LOCATIONS Where used in this Agreement, the Designated PGandE Switching Center shall mean that switching center designated by PGandE after completion of engineering and before commercial operation of this project. ARTICLE 6 SPECIAL FACILITIES Special Facilities will be determined by PGandE after completion of project engineering by Seller but prior to interconnection with the PGandE system. Seller shall execute a separate Special Facilities Agreement with PGandE which shall, among other things, provide for Seller to pay PGandE, on demand and in advance of construction by PGandE, the cost and installation of Special Facilities, PGandE's cost of rearranging existing facilities to accommodate the installation of Seller's Special Facilities and additional continuing ownership costs of Special Facilities. PGandE agrees, as an accommodation, under the terms of said. Special Facilities Agreement, to install at Seller's expense within a reasonable time, or to allocate for Seller's use at the City of San Luis Obispo Small Hydroelectric Project in San Luis Obispo County, State of California, these Special Facilities at an additional installed cost over and above the cost of standard facilities which PGandE would normally provide or allocate for regular service in accordance with' its tariffs on file with and authorized by the California Public Utilities Commission (Commission). ARTICLE 7 INTERIM ORDER This Agreement may be amended, at the written option of the Seller, to conform in whole, but not in part, to the final decision and order which is issued by the California Public Utilities Commission in connection with Order Instituting Rulemaking No. 2 and which affects PGandE's purchase of electric power from cogeneration and small power production facilities. To exercise this option, Seller must deliver to PGandE a written notice of election to amend within 90 days of the effective date of the final decision and order in OIR 2. Said amendment shall be effective as of the date of deliverv,of said notice or as of such other date as may be agreed upon by the Seller and PGandE. ARTICLE 8 TERMS AND CONDITIONS This Agreement includes the following appendices which are attached and incorporated by reference herein: 3 Appendix A - Power Purchase General Terms and Conditions Appendix B - Schedule of Energy Purchase Prices Appendix C - Simultaneous Purchase and Sale Appendix D - Insurance Appendix E - Factors for Hydroelectric Power IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the last date set forth below: CITY OF SAN LUIS OBISPO (Seller) PACIFIC GAS AND ELECTRIC COMPANY By By- Ile I 'e C. Billie S G. A. Naneatis (Type Name) (Type Name) Title: favor Title: Senior Vice President, Facilities Develooment Date: June 1, 1989 Date: 0 \J Y,J APPENDIX A Power Purchase General Terms and Conditions A -1. DEFINITIONS Whenever used in this Agreement, Appendices and attach- ments hereto, the following terms shall have the following meanings.: "Contract Termination" - The early termination of this Agreement. "Designated PGandE Switching Center" - That Substation or other PGandE facility identified- in Article 5 of this Agreement. "Dispatchable" - That condition of the Facility wherebv through engineering design, installed equipment, and operating conditions and procedures, the Facility may be called upon by PGandE, for operation at any time. "F," - A factor for modifying energy prices, developed by PGandE and agreed to by Seller to reflect the effect of variability of hydroelectric output on energy values. See Appendix E - Factors for Hydroelectric Power. "Fo" - A factor for modifying energy prices, developed by PGandE and agreed to by Seller, to reflect the effect of delivery voltages and transmission losses on energy values. See, Appendix E - Factors for Hydroelectric Power. "Facility" That hydroelectric generation facility described in Article 1 of this Agreement. "Forced Outage" - Any outage caused by mechanical or electrical equipment failure that either fully or partially curtails the electrical output of the Facility. Forced Outage does not include lack of flow or head due to adverse water conditions. "Interconnection Facilities" - All facilities required to be installed solely to interconnect and deliver power from Seller's generation to PGandE's system including, but not limited to connection, transformation, switching, metering and safety equipment. Interconnection Facilities shall also include an_- necessary additions and /or reinforcements by PGandE to PGandE's system. "Net Enerav Output" - The gross output a Seller's generating Facility produces in kilowatt hours, less station use and less step -up transformation losses to the high voltage bus at the generator site. A -1 "Operation Date" - The day commencing at 0001 hours, following the day during which all features and equipment of Facility have reached a degree of completion and reliability, such that they are capable of operating simultaneously to deliver power continuously into PGandE's system; provided, that the Operation Date may occur only after such degree of completion and reliabilitv has been demonstrated to PGandE's satisfaction by operation for a period not to exceed three months. "Prudent Electrical Practices" - Those practices, methods and equipment, as changed from time to time, that are commonly used in prudent electrical engineering and operations to operate electric equipment lawfully and with safety, dependability, efficiency and economy, and to make the highest and best use of the resource. "Special Facilities" - Interconnection Facilities furnished by PGandE at' Seller's request or because such facilities are necessary additions and /or reinforcements to PGandE's system. "Svstem Protection Facilities" - The equipment required to protect (1) PGandE's system and its customers from faults occurring at the Facility, and (2) the Facility from faults occurring on the PGandE system or on the systems of others to which it is directly or indirectly connected. "Term of Agreement" - The period of time during which this Agreement will be in effect, as provided in Article 2 of this Agreement. A -2. ELECTRIC SERVICES SUPPLIED BY PGandE This Agreement does not provide for any electric services by PGandE to Seller. If Seller wants supplemental or standby services from PGandE, Seller shall enter into separate contract arrangements with PGandE in accordance with PGandE's applicable electric tariffs on file with and authorized by the ualiiornia Public Utilities. Commission. A -3. CONSTRUCTION A -3.1 Land Rights: Seller hereby grants to PGandE for the term of this Agreement all. necessary rights of way and easements to install, operate, maintain, replace and remove PGandE's metering and other Special Facilities, including adequate and continuing access rights on property of Seller, and Seller agrees to execute such other grants, deeds or documents as PGandE may require to enable it to record such rights of way and easements.. If any part of PGandE's facilities are to be installed on property owned by other than Seller, Seller shall, at its own cost and expense, A -2 'J procure from the owners thereof, all necessary permanent rights of way and easements for the construction, operation, maintenance and replacement of PGandE's facilities upon such property in a form satisfactory to PGandE. In the event Seller is unable to secure them (i).by condemnation proceedings or (ii) by other means at such cost as may be agreeable to Seller, Seller shall .reimburse PGandE for all costs incurred by PGandE in securing such rights. A -3.2 Facility And Equipment Design And Construction: Seller shall design, construct, install, own, operate and maintain the Facility and all equipment needed. to generate and deliver energy specified herein, except for any Special Facilities constructed, installed and maintained by PGandE pursuant to the separate Special Facilities Agreement identified in Article 6. Such Facility and equipment shall meet all requirements of applicable codes and all standards of Prudent Electrical Practice. Seller also agrees to meet reasonable PGandE requirements for Seller's Facility and equipment including System Protection Facilities. Seller should submit all its interconnection facility, Facility and equipment specifications to PGandE for review and acceptance prior to release of said specifications for construction. PGandE's review of Seller's specifications shall not be construed as confirming nor endorsing the design nor as any warranty of safety, durability or reliability of the Facility or any of the equipment. PGandE shall not, by reason of such review or failure to review, be responsible for strength, details of design, adequacy or capacity of Seller's Facility or equipment, nor shall PGandE's acceptance' be deemed to be an endorsement of any Facility or equipment. Seller agrees to change its Facility and equipment as - may..be reasonably required by PGandE to meet changing requirements of PGandE's system. Seller shall give notice to PGandE at three -month intervals of the estimated date of initial power deliveries. A -3.3 Interconnection Facility Construction and Meter In- stallation: Seller shall construct, install, own and maintain Interconnection Facilities as required for PGandE to receive energy from Seller's Facility. Seller's Interconnection Facilities shall be of a size to accommodate the delivery of the energy designated in Article 1(a) of this Agreement. In the event it is necessary for PGandE to install Special Facilities or other Interconnection Facilities or to reinforce its system for purposes of this Agreement, Seller shall reimburse PGandE its costs in accordance with the terms and.conditions of the separate Special Facilities Agreement identified in. Article 6. At Seller's request,. PGandE shall provide, install and maintain meters at a mutually agreed upon designated location to measure, indicate, and record on magnetic tape power in kw, energy in kWh, A -3 reactive power in kVAR, and time. At Seller's request, PGandE will provide, install, and maintain this instrumentation as a Special Facility. PGandE may also install secondary meters, as appropriate, at a location within Seller's Facility, agreed to by both Parties, to enable. Seller to make daily telephone reports to be delivered pursuant to Paragraph A -4. Ail meter equipment, installation, ownership, operation, and administration costs therefore shall be borne by Seller, including costs incurred by PGandE for inspecting and testing such ecuipment, all as estimated by PGandE and quoted to Seller. A -4.. OPERATION A -4.1 Facility and Equipment Operation and Maintenance: Seller shall operate and maintain its Facility and equipment according to Prudent Electrical Practices and shall generate such reactive power as may be reasonably necessary to maintain voltage levels and reactive area support as instructed by PGandE's system dispatcher or his designated representative. If Seller is unable or unwilling to provide such reactive power, PGandE may do so at Seller's expense. A -4.2 Deliveries: Seller shall deliver the energy designated above, at the point where Seller's electrical conductors contact those of PGandE's at the transmission side of the high voltage disconnect, or at such other point as the Parties may agree- A-4.3 Communications: PGandE and Seller shall maintain operating communica- tions through the Designated PGandE Switching Center. The oper- ating communications shall include, but not be limited to system paralleling or separation, scheduled and unscheduled shutdowns, equipment clearances and daily load reports. A -4.4 Meters: All meters used to determine the billing hereunder shall be sealed and the seals shall be broken only upon occasions when the meters are to be inspected, tested or adjusted. PGandE shall, at Seller's expense, inspect and test all meters upon their installation and at least annually thereafter. If requested to do so by Seller, PGandE shall inspect or test a meter more frequently, but the expense of such inspection or test shall be paid by Seller unless, upon being inspected or tested, the meter is found to register inaccurately by more than two percent of full scale. Each Party shall give reasonable notice of the time when any inspection or test shall take place to the other Party, and that Party may have representatives present at A -4 the test or inspection. If a meter is found to be inaccurate or defective, it shall be adjusted, repaired or replaced, at Seller's expense, in order to provide accurate metering. If a meter fails to register, or if the measurement made by a meter during a test varies by more than two percent from the measurement made by the standard meter used in the test, adjustment shall be made correcting all measurements made by the inaccurate meter for: (1) the actual period during which inaccurate measurements were made, if the period can be determined, or if not (2) the period immediately preceding the test of the meter- equal to one -half the time from the date of the last previous test of the meter; provided, that the period covered by the correction shall not exceed six months. Seller shall read the secondary meters daily and shall report the hourly readings and daily energy readings to PGandE's nearest manned switching center, currently the Substation designated in Article 5 of this Agreement, by telephone at an agreed upon time. Seller with power deliveries greater than 10 MW shall telemeter the output information to PGandE's switching center designated in Article 5 of this Agreement. Each Partv' after reasonable notice to the other Party, shall have the right of access to all. metering and related records. A -5. BILLING PGandE shall send a statement to Seller on or before the 20th day of the monthly billing period showing the kilowatt capacity, if any, and kilowatt -hours delivered to PGandE during the previous monthly billing period. Seller shall use this statement to compute charges for energy delivered to PGandE. Seller shall then send a monthly billing statement to PGandE which states the energy charges. A -6. PAYMENT PGandE shall make payment to Seller on or before the 15th day after the billing statement is received by PGandE. Where the 15th day falls on a Saturday, Sunday or holiday, the payment shall be due on the next following business day. A -5 A -7. ADJUSTMENTS In the event adjustments to billing statements are required as a result of corrected measurements made by 'inaccurate meters, the Parties 'shall use the corrected measurements described in Paragraph A -4.4 to recompute the amounts due.from or to PGandE for the energy delivered under this Agreement during the period of inaccuracy. If the total amount, as recomputed, due from a Party for the period of inaccuracy varies from the total amount due as previously computed, and payment of the previously computed amount has been made, the difference in the amounts shall be paid to the Party entitled to it within 30 days after the paying Party is notified of the.recomputation. A -8. CONTINUITY OF SERVICE PGandE shall not be obligated to accept or pay for, and PGandE ma_v require Seller to curtail, interrupt or reduce deliveries of energy in order to construct, install, maintain, repair, replace., remove, investigate or inspect any of its equipment or any part of its system or if it determines that curtailment, interruption or reduction is necessary because of emergencies, forced outages, operating conditions on its system or as otherwise required by Prudent Electrical Practices. PGandE shall not be obligated to accept or pay for, and may require Seller to curtail, interrupt or reduce deliveries of energy (1) wherever PGandE can obtain energy from another source, other than a PGandr- fossil fueled plant, at a cost less than the price paid to Seller; or (2) during periods of minimum :system operations; provided, that PGandE shall take or be prepared to take energy from Seller for not less than 8,160 hours of each calendar year.. To the extent that PGandE's option not to accept energy. as provided above would result in spill at Seller's Facility, PGandE shall cooperate with Seller to attempt to arrive at a mutually agreeable reduced energy purchase price. In the event of a force majeure, Seller shall not be obligated to deliver, and may curtail, interrupt or reduce deliveries of energy to PGandE, and PGandE shall not be obligated to accept or pay for and may require Seller to curtail, interrupt or reduce deliveries of energy. Except in case of emergency, in order not to interfere unreasonably with the other Party's operations, the curtailing, interrupting or reducing Party shall give the other Party reasonable prior notice of any curtailment, interruption or reduction, the reason for its occurrence and its probable duration. Seller always shall notify PGandE promptly of an-.T complete or partial Facility outage.. A -6 A -9. FORCE I•lAJEURE The term "force majeure" as used herein, means unforeseeable causes beyond the reasonable control of and without the fault or negligence of the Party claiming force majeure. For the purposes of this Agreement, force majeure shall not include the occurrence of dry year water conditions unless drier as indicated by water flows, than theoretical 1977 conditions. If either Party because of force majeure is rendered wholly or partly unable to perform its obligations under this Agreement, except for the obligation to make payments of money, that Party shall be excused from whatever performance is affected by the force majeure to the extent so affected provided that: (a) the non - performing Party, within two weeks after the occurrence of the force majeure, gives the other Party written notice describing the particulars of the occurrence; (b) the suspension of performance is of no greater scope and of no longer duration than is required by the force majeure; (c) no obligations of either Party which arose before the occurrence causing the suspension of performance are excused as a result of the occurrence; and (d) the non - .performing Party uses its best efforts.to- remedy its inability to perform. This subparagraph shall not require the settlement of any strike, walkout, lockout or other labor dispute on terms which, in the sole judgment of the Party involved in the dispute, are contrary to its interest. It is understood and agreed that the settlement of strikes, walkouts, lockouts or other labor disputes shall be entirely within the discretion of the Party having the difficulty. A -10. INDEMNITY Each Party shall indemnify the other Party, its officers, agents, and employees against all loss, damage, expense and liability to third persons for injury or death or for damage to property, proximately caused by the indemnifying Party's construction; ownership, operation, or maintenance of, or by failure of, any of such Party's works or. facilities used in connection with this Agreement. The indemnifying Party shall, on the other Party's request, defend any suit asserting a claim covered by this indemnity. The indemnifying Party shall pay all costs that may be incurred by the other Party in enforcing this indemnity. A -7 A -11. LIABILITY; DEDICATION Nothing in this Agreement shall be construed to create any duty to, any standard of care with reference to or any liability to any person not a Party to this Agreement. , Neither party shall be liable to the other for damages caused to the facilities of the other by reason of the operation, faulty operation, or nonoperation of the other's facilities. No undertaking by one Party to the other under any provision of this Agreement shall constitute the dedication of that Party's system or any portion thereof to the other Party or to the public, nor affect. the status of PGandE as an independent public utility corporation, or Seller as an independent individual or entity. A -12. SEVE?2AL.OBLIGnTIONS Except where specifically stated in this Agreement to be otherwise, the duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, obligation or liability on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement. A -13. WAIVER Any waiver at any time by either Party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, Ghell not be deemed a waiver with respect to any subsequent default or other matter. A -14. ASSIGNMENT Neither Party shall voluntarily .assign its rights nor delegate its duties under this Agreement, or any part of such rights or duties, without the written consent of the other Party, except in connection with the .sale or merger of a substantial portion of its properties including Interconnection Facilities which it owns, and any such assignment or delegation made without such written consent shall be null and void. Consent for assignment will not be withheld unreasonably. A -15. CAPTIONS All indexes, titles, subject headings, section titles and similar items are provided for. the purpose of reference and convenience and are not intended to be inclusive, definitive or to affect the meaning of the contents or scope of this Agreement. A -8 A -16. CHOICE OF LAWS This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. A -17. GOVERNMENTAL JURISDICTION AND AUTHORIZATION This Agreement is subject to the jurisdiction of those governmental agencies having control over either Party or this Agreement. This Agreement shall not become effective until all required governmental authorizations and permits are first obtained and copies thereof are submitted to PGandE; provided, that this Agreement shall not become effective unless it, and all provisions thereof, is authorized and permitted by such governmental agencies without change or condition. This Agreement shall. at all times be subject to such changes by such governmental agencies, and the Parties shall be subject to such conditions and obligations, as such governmental agencies may, from time to time, direct in the exercise of their jurisdiction. Both Parties agree to exert their best efforts to comply with all applicable rules and regulations 'of all governmental agencies having control over either Party or this Agreement. The Parties shall take .all reasonable action necessary to secure all required governmental_ approval of this Agreement in its entirety and without change. If after this Agreement becomes effective, any- governmental agency having control over either Party or this Agreement requires any change in this Agreement, or imposes" any condition or obligation on either Party, which either, in its sole and absolute discretion, deems unreasonably burdensome, such Party may terminate this Agreement. A -18. NOTICES Any notice, demand or request required or permitted to be given by either Party to the other and any instrument required or permitted to be tendered or delivered by either Party to the other may be so given, tendered or delivered, as the case may be, by depositing the same in any United States Post Office with postage prepaid, for transmission by certified or registered mail, addressed to the Party, or personally delivered to the Party, at the address in Article 4 of this Agreement. Changes in such designation may be made by notice similarly given. A -9 `J APPENDIX B Schedule of Energy Purchase Prices PGandE shall pay Seller for energy delivered by Seller to PGandE at prices which will be based on PGandE's average quarterly cost of incremental fuel, which quarterly price shall be published by PGandE as provided by California Public Utilities Commission 011 -26, Decision No. 91109 (December 19, 1979) or subsequent decision or order. The energy price currently so established shall be applied for periods as follows: Average Cost Quarter Used January - March April - June July - September October - December TABLE A Months to Which Energy Price Applies May - July August - October November - January February - April Energy prices will be applied to meter readings taken during the months indicated in the right -hand column above. TABLE B The energy prices to be applied to meter readings in May, June, and July 1982 are: On -Peak Period, per kWh Partial -Peak Period, per kWh Off -Peak Period, per kWh * See Note on page B -3. B -1 PERIOD A May, June, and Julv 1982 6.397 cents 6.102 cents 5.895 cents Period A (May 1 to September- 30) On -Peak Partial -Peak TABLE C Monday through Friday* 12:30 P.M. to 6:30 p.m. 8:30 a.m. to 12:30 p.m.. 6:30 p.m. to 10;30 p.m. Off -Peak 10:30 p.m. to 8:30 a.m. Period B (October l.to April 30) On -Peak 4:30 p.m. to 8:30 p.m. Partial -Peak 8:30 p.m. to 10:30 p.m. 8:30 a.m. to 4:30 p.m. Sunda✓s ana Saturdays* _ Holida ys 8:30 a.m.. to 10:30 p.m. 10:3.0 p.m to 8:30 a.m 8:30 a.m_. to 10:30 p.m. 12:00 a.m. to 12:00 a.m.. Off -Beak 10:30 p.m. 10:30 p.m. 12:00 a.m. * to to to 8:30 a.m. 8:30 a.m. 12:00 a.m. Except the following holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Dad',. Thanksgiving and Christmas Day, as said. days are specified i:, Public Law 90 -363 [5 U.S.C.A. Section 6103(a)]. This table is subject to change to accord with the on -peak, partial -peak, and off -peak period as defined in PGandE's own rate schedules for the .sale of electricity to its large industrial customers. B -2 NOTE FOR READER The following is for information purposes only. Other prices may be in effect in the future. The energy prices, based on the quarterly average energy cost for January through March 1982, if applied to both Period A and Period B, would be: On -Peak Partial -Peak Period A May 1 to September 30 6 ..3 9 7 � /kWh 6.102 Period B October 1 to April 30 6.48SC /kWh 6.338 Off -Peak 5.845 6.184 B -3 APPENDIX C Simultaneous Purchase and Sale PGandE shall purchase, except as provided in Paragraph A 78 of Appendix A - Power Purchase General Terms and Conditions, Seller's entire Net Energy Output at the prices stated in Appendix B - Schedule of Energy Purchase Prices; and PGandE shall simultaneously supply all of Seller's electric service requirements under separate agreement at applicable filed rates. Provisions relating to curtailment or interruption as part of implementation of.a statewide Electrical Emergency Plan. approved by the California Public Utilities Commission will be observed by PGandE for all electrical service supplied by PGandE. C -1 Seller indicated below: APPENDIX D INSURANCE shall be required D -1. WORKERS' COMPENSATION to maintain insurance as Yes (Yes or No) Seller shall furnish PGandE a certificate of workers' compensation insurance or self- insurance indicating compliance with the Labor Code of California including Employer's Liability Insurance for a minimum of $2,000,000 for injury or death of any one person and providing for 30 days' written notice to PGandE prior to cancellation of such insurance. D -2. COMPREHENSIVE GENERAL AND COMPREHENSIVE AUTOMOBILE LIABILITY Yes (Yes or No) Seller shall maintain in effect during the term of this Agreement insurance or self - insurance for both bodily injury, personal injury and property damage liability, including automobile liability, in per occurrence limits of not less than $10,000,000. Such Insurance or Self- Insurance shall include, as if Seller were to maintain insurance including assumption of contractual liability naming PGandE as additional insured insofar. as work performed under this agreement is concerned, a severability of interest clause, and provide that notice shall be given to PGandE at least 30 days prior to cancellation "or material change in the form of such insurance or self- insurance. Seller shall furnish PGandE, by delivering to the Manager, Insurance Department., Room E -280, 77 Beale Street, San Francisco, California 94106, prior to commencing performance but not less than 30 days before the scheduled date of initial power deliveries (Article 1 of this Power Sales Agreement), certificates of insurance together with the endorsements required therein. PGandE shall have the. right to inspect the original policies of such insurance D -1 APPENDIX E Factors for Hydroelectric Power The purpose of this Appendix is to describe the value Factors in Article 3 and to provide information that can be used to estimate the value of power from potential hydroelectric projects. F1 and F2 are factors to be determined by PGandE for each project based on project location, delivery voltage, and variation of energy as determined by theoretical studies. Typical hydroelectric projects have swings from year -to -year in power production that cause PGandE to experience changes in its thermal costs and in the amount of fuel inventory. To account for these changes PGandE will develop a factor F1 for each project. F1 will be based on data from a long -term water and power study.l An approximation of F1 can be made by the following formula: F __:average energy of 28% of the driest years x .25 + .75 i long -term average energy A long -term water and power- study would typically cover a period of 50 years or more and for each year the study would estimate the annual generation. The long -term average energy is the sum of the annual energies divided by the number of years of the study. The average energy of 28% of the. 'driest years, for a typical project, is determined by selecting the 28% driest years (i.e., if the study covers the years 1928 through 1977, then the 28% driest years would be the 14 driest .years), summing these and dividing by the number of dry years. For a typical project, using a long -term water and power study for the period 1928 through 1977, the 280//0 driest years would be 1929, 1930, 1931, 1932, 1.933, 1934, 1939, 1944, 1947, 1949, 1960, 1961, 1976, 1977. Fo is a factor that will be determined by PGandE to compensate for transmission losses for energy to "load center" when using the energy price to calculate the monthly payment for energy. The factor will vary with voltage of delivery and location. Assuming delivery at 230 kV, approximate values are listed below for projects located in each of the Company's geographical divisions. Unless otherwise agreed, seller shall provide such a study which is acceptable to PGandE. E -1 Shasta Division .93 Humboldt Division .95 DeSabla Division .91 North Bay Division .91 Colgate Division .94 East Bay Division .99 Drum Division .96 San Jose Division 1.00 Sacramento Division .96 Coast Valleys .99 Stockton Division .94 San Joaquin Division .98 If the power is delivered below 230 kV and additional transformation may be needed, the additional transformation may increase losses by about 1 to 3% thereby reducing the above fac- tors by .01 or .03. E -2. RESOLUTION NO. 4840 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN _LUIS OBISPO APPROVING AGREEMENT BETWEEN THE CITY OF SAN.LUIS OBISPO AND H. DIETER HEINZ. 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 H. Dieter Heinz 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: Director of Public Services; Finance Director, Personnel Director, Fire Chief, and H. Dieter Heinz, Chemist. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 1 st day of June , 1982. ATTEST: CITY ERK APPROVED: 4 City Administrative Officer(/ C_ N �' J Resolution No. 4840 (1982 Series) City Attorney Director of Publi ervices D ecto ce c / t / �i, Personnel Director Fire Chief C) AGREEMENT FOR PERSONAL SERVICES EXHIBIT "A" THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISP0, a chartered municipal corporation (hereinafter referred to as "City "), and H. DIETER HEINZ, an independent contractor providing consulting chemist services (hereinafter referred to as "Chemist "). WITNESSETH: WHEREAS, H. Dieter Heinz is a qualified chemist capable of analyzing and monitoring many of the City's operations; and WHEREAS, the City desires to employ him as. an independent contractor to provide certain services not currently performed in detail by City employees, or available within City services; NOW, THEREFORE, City and Chemist for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning July 1, 1982, Chemist agrees to provide services to the City in accordance with the scope of work outlined in Exhibit "B" attached hereto and thereby incorporated herein. Said services shall continue through June 30, 1983, providing, however, that either party may terminate this Agreement by two weeks written notice to the other party. The general duties to be performed by said Chemist shall be at the direction of the Director of Public Services. 2. Notwithstanding any other representations, oral or. written, between ..the parties, including any and all agents or representatives thereof, Chemist, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. Any and all supervision and direction by the Director of Public Services shall be only that necessary to provide broad general outlines, and Chemist is to use his own initiative and discretion in performing the details of his work, provided, however, that.Chemist may consult with Public Services staff as he desires. 3. City agrees to provide laboratory space and supplies necessary for performance under this Agreement, subject to purchase authorization by the City. 4. City agrees to pay Chemist the sum of $1440 per month for his services, payable in accordance with regular City payment procedures. Chemist agrees to provide a minimum of sixty (60) hours service per month and will submit a detailed statement of the services provided prior to payment. Chemist will not accrue vacation, sick leave, or other similar benefits available to regular City employees: 5. City agrees to reimburse Chemist for authorized use of his personal vehicle on City business at the rate of 20 cents per mile and to provide Chemist with a parking permit for lot #8. 6. This is an agreement for personal services and is not assignable without prior written consent of the City. 7. Chemist shall be allowed to participate in the City's health care program for himself and his dependents at his own expense. 8. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following' addresses: ~ City: City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 Chemist: H. Dieter Heinz P.O. Box 3193 Pismo Beach,: CA 93449 9. Chemist may be hired by the City to perform additional services not outlined in this agreement.. Compensation for such additional services shall be at the rate of $45.00 per hour for the first two hours of emergency work (2 -hour minimum call out) and $25.00 per hour thereafter, and at the rate of $25.00 per hour for nonemergency work; said rate shall cover all fringe benefits except transportation. �I 10. Subject to a 30 -day written notice, City may reduce'Chemist hours of service. In such event, City agrees to compensate Chemist in accordance with the following: 80 hrs /mo. or more $22 /hr. 60 -79 hrs /mo. $24 /hr. 40 -59 hrs /mo. $27 /hr. Less than 40 hrs /mo. $30 /hr. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed. CHEMIST H. Dieter Heinz CITY OF SAN LUIS OBISPO MAYOR ATTEST: CITY CLERK EXHIBIT "B" SCOPE OF WORK - CITY CONSULTING CHEMIST To serve as City Chemist performing such services as: a) Complete.chemical analysis and identification of drugs and related compounds. b) Hair comparison and analysis. c) Paint analysis. d) Soil chemistry: Analysis and recommendation for better plant growth. e) Pesticides residues: Identification and analysis. f) Fertility - tissue analysis. g) Identification of any foreign matter, either solid, gaseous or liquid. h) Any quality control analysis - and /or product specification. i) Petroleum products: Analysis and recommendations. j) Corrosion studies: Steel, building materials, etc. k) Trace metal analysis. 1) Steel certification by chemical and physical examination. V m) Air pollution: Monitoring, sampling and testing: Particle matter Hydrocarbons Sulfur Dioxide Carbon Monoxide Oxides of Nitrogen n) Certification and analysis of explosives, primers, detonators, etc. 0) Consulting and assisting on sewer source control program. p) Consulting and assisting on cathodic protection program. q) Analysis of sewer samples. Chemist shall expend a minimum of 60 hours per calendar month performing City duties and through the year shall average the following hours per month for each division or department: Whale Rock . . . . . . . . . . . . . . . . . . 6 Water Treatment Plant. . . . . . . . . . .16 Wastewater Treatment Plant . . . . . . . . . .32 Utilities - Water.. . . . . . . . . . . . . . . 0 Utilities - Sewer; . . . . . . . . . . . . . . 0 Parks . . . . . . . . . . . . . . .. . . . . . . 0 Street . . . . .. . . . . . . . . . . . . . . . 0 Fire Department . . . . . . . . . . . . . . 6 TOTAL 60 HOURS /MONTH a RESOLUTION NO. 4839 (1982 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FILING OF AN APPLICATION FOR ELECTIVE COVERAGE FOR DISABILITY INSURANCE ONLY UNDER SECTION 710.5 OF THE UNEMPLOYMENT INSURANCE CODE. WHEREAS, the employees in the General Unit and represented by the San Luis Obispo Employees' Association, did request an election be held to determine if such employees will purchase State Disability Insurance; and WHEREAS, an election was held on May 13, 1982, in which a majority of those eligible to vote voted in favor of purchasing State Disability Insurance; and WHEREAS, the City did agree in the Memorandum of Agreement to make application for coverage, administer the payroll deductions, and coordinate benefits for covered employees. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Mayor is hereby authorized to file an Application (Exhibit A) for Elective Coverage for Disability Insurance Only for employees in the General Unit in accordance with Section 710.5 of the California Unemployment Insurance Code. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1 st day of June 1982. ATTES . MAYOR MN<AE C. BILLIG CI Y CLERK AME VOGES APPROVED: uo�� /rL City Administrative Officer City Attorney Financ it rel Personnel Director STATE OF'CALIFORNIA EMPLOYMENT DEVELOPMENT DEPART4 r 800 CAPITOL MALL SACBAMENTO, CALIFORNIA 95814 Application for Elective Coverage of Disability Only for Employees of a Public School Employer 710.4 or a Public Agency Employer under Section California Unemployment Insurance Code Insurance under Section 710.5 of the IMPORTANT EMHBIT "A" cor Department Use Only Account No. Statistical Code Effective Date Classified By Date Employer Notified (date) Send Number of Employees This form is not an application for an account number under the compulsory provisions of the Unemployment Insurance Code. Do not complete this form unless you wish to apply for Disability Insurance coverage ONLY under Sections 710.4 or 710.5 for your employees. Coverage under these sections of-the-Code does not make provision for Unemployment Insurance benefits. NOTE: If your application is approved, the elective coverage agreement will be subject to all of the requirements and conditions outlined in form DE 1378 P, "Information Concerning Elective Coverage Under Sections 710.4 or 710.5 of the Unemployment Insurance Code." Please retain your copy of form DE 1378-P for reference. Please Type or Print 1., Name of Employer (Telephone) 2. Business Address (Street and Number)- (City) (County) (State) (Zip Code) 3. Mailing Address (Street and Number) (City) (County) (State) (Zip Code) 4. Type of Public Employer (Check one) ❑ Public School - Section 710.4 E]Public Agency - Section 710.5 5. Law under which agency was established (Complete either (a), (b), (c) or (d).) (a) California General Laws Title of Act Number Year Enacted (b) California Codes Title of Code Number Part Chapter Sections to (c) Charter Title Date (d) Ordinance Title Date Number 6. Members of governing body of the employer. Name Title Residence Address DE 1378 N Rev. 3 (11 -80) (Page 1 of 2) 7. This application covers employees of the following units: Name of Department or Unit Address 8. Complete this schedule covering all elected officers and appointees who perform services for the agency named in Item 1. Exclude persons listed in Item 6. (a) Elected offices: (These persons are ineligible for coverage.) Title of Position (b) Person holding appointive positions: (These persons are eligible for coverage unless appointed to fill a vacant elected office.) No. of Positions Number of Such Persons Title of Position in this Category By Whom Appointed Desiring Coverage (c) Total number of employees to be covered (excluding elected officers and those appointed by the Governor). 9. On what date do you wish coverage to become effective? 10. Deductions should not be made from your employees' wages for the purpose of paying employee contributions required under the Code until your election is effective.. 11. Attach a copy of the resolution in which the governing body described in Item 6 approved the filing of an application for elective coverage under Section 710.4 or 710.5 of the Un- employment Insurance Code. Also, a copy of the Bargaining Agreement between the employer and the certified employee organization. 4 The governmental entity described in Item 1 hereby files its application under Section 710.4 or 710.5 of the Unemployment Insurance Code to become an employer subject to the Code. It is under- stood that upon approval of the election by the Director, the Public School /Public Agency Em- ployer will be an employer subject to the Code for Disability Insurance purposes only to the same extent as other employers as of the date specified in the approval, and will remain a subject employer for at least two complete calendar years and thereafter, until this election is terminated as provided by the Code. I declare that this application has been examined by me, and to the best of my knowledge and . belief, it is true and correct and made in good faith under the provisions of the California Unemployment Insurance Code. This declaration must be signed by one (Signed) Date or more persons shown under Item 6. (Signed) Date (Signed) Date State of California Health and Welfare Agency _ Emp3 12ent Development Department Information Concerning Elective Coverage for Disability Insurance Only Under Section 710.4 or Section 710.5 of the California Unemployment Insurance Code 1. SUMMARY OF.SECTION 710.4 AND 710.5 OF THE CODE Section 710.4 of the Code provides that any public school employer, as defined in Section 3540.1 of the Government Code, may elect to become an employer for disability insurance purposes only, with respect to all its employees who are part of an appropriate unit established pursuant to the public educational employment law. The public school employer may elect to provide coverage to its manage- ment and confidential employees, as such terms are defined in Section 3540.1 of the Government Code, and to employees not a part of an appro- priate unit, but such election shall not be contingent upon coverage of other employees of the public school employer. Employing unit need not have an election by the employees. Section 710.5 of the Code provides that any public.agency employer, as defined in Section 3501 of the Government Code, may elect to become an employer for disability insurance purposes only, with respect to all of its employees who are part of an appropriate unit established pursuant to the public agency employment law. 2. ELECTION FOR COVERAGE UNDER SECTION 710.4 OR SECTION 710.5 Upon filing an election for coverage under Section 710.4 or Section 710.5, the filing entity shall, upon approval of the Director, become an employer subject to the unemployment compensation disability insur- ance law to the same extent as other employers, and services performed by its employees, including those with civil service or tenure positions, shall constitute employment subject to such law. Beginning at that time, the Public School or Public Agency employer shall withhold from the wages of.employees the contributions required for unemployment compensation disability benefits. 3. EXTENT OF COVERAGE Persons who are not to be considered to be employees eligible for the coverage under Section 7.10.4 or 710.5 of the Code are those elected to the offices of the Public School or Public Agency employer by popular vote or appointed to fill a vacant elected position until the next election. 4. ELECTION OF COVERAGE An application for elective coverage is filed by a Public School or Public Agency employer on form DE 1378 N, which is furnished by this Department. The electing entity agrees to remain a covered employer for not less than two complete calendar years. Coverage may be terminated at the end of the two- calendar -year period or thereafter by giving the Department written notification by January 31 of the succeeding year. DE 1378 P Rev. 5 (11 -80) ��(%�k: co TRIBUTION`,REQU4D�UPON APPROVAL OF AN ELECTION Employee:contributions for disability insurance for 1981 are required at the rate of six - tenths of one percent on the annual taxable wage of $14,900. Commencing with the calendar year 1982, the rate of worker contributions will vary but in no event shall such rate exceed one percent nor be less than one -tenth of one percent. The rate shall be adjusted on October 31, 1981, and on or before October 31 of each subse- quent calendar year. 6. QUARTERLY REPORTS REQUIRED A contribution return and report of wages, DE 7903, is required to be filed quarterly. Preaddressed forms are mailed by the Department in advance of the quarterly due date. Instructions for completion of the return and paying the employee contributions for disability insurance are printed on the form. 7. BENEFIT ELIGIBILITY NOTE: ELIGIBILITY FOR DISABILITY INSURANCE BENEFITS UNDER THE CODE DOES NOT BEGIN WITH THE COMMENCEMENT DATE OF COVERAGE. Generally, a minimum of seven (7) months must elapse from the commencement date of coverage before a valid claim may be filed based solely on wages reportable under your election. Eligibility for disability insurance benefits is determined by the Employment Development Department pursuant to requirements of the Unemployment Insurance Code and authorized regulations. Eligibility is dependent on a number of factors including, but not limited to, the following: (a) Proof of the claimant's eligibility. (b) Filing of a timely claim for benefits. (c) Sufficient wages in the base period. For base.period "wages" information, and other benefits information, see pamphlet entitled, "Disability Insurance Provisions," form DE 2515. �;'SSUL.U'C:LOPJ NO. 4838 (1982 Seritvf A RESOLUTION OF THE C :OUNCIL 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: Orcutt- Duncan Culvert Extension CITY PLAN NO. D -12 ESTIMATE: $43,080.00 BUDGET ACCOUNT: 21- 4871 -D12 BIDDER: Associates Pacific Constructors, BID AMOUNT: $34570.00 Inc. 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 Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1 st day of June 1982 . OR ATTEST: CITY C ERK AP 0 D: Ci Administrative Officer City Attorney F n irec or (� 'ity E ineer Q 95Soc��t�e� �crci�i� i a 0 RESOLUTION N0. 4837 (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: Slack Street Storm Drain CITY PLAN NO. F -27 ESTIMATE: $23,050.00 BUDGET ACCOUNT: 30- 5062 -F27 BIDDER: Conco Engineering BID AMOUNT: $16,490.00 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 Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey'and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1 st day of June 1982. ATTEST: CITI CLERK APPROVED: OL i C' y Administrative 0 ficer ity En A ne r R 5 /�� �� � p ,� . . %r�G�,��cPJ _ ' __ . � -- � -� �_ ,_, . _ ;.- ; �. I i RESOLUTION NO. 4836 (19$2- S-eries) 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: Sewerline Improvements - Helena CITY PLAN NO. E-22 Street - Sewerline, Joyce to San Carlos ESTIMATE: $9,650.00 BUDGET ACCOUNT: 52- 7062 -733 BIDDER: RoHo Construction BID AMOUNT: $9,177.00, Prop. D 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 Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1 st day of June 1982. ATTEST: CIT. CLERK 9r 9e is * * is ie AP D: C y Administrative Of ice c F-7 61 �o�o Coi'ls'f J e S t H 'I RESOLUTION NO.4835 (1982-tseries) 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: Sewerline Improvements - Mission CITY PLAN NO. E -21 Street Sewerline, Almond to Chorro ESTIMATE: $7,350.00 BUDGET ACCOUNT: 52- 7062 -733 BIDDER: Fred Julian and.Associates BID AMOUNT: $4,170.60, Prop. B 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 Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1 st day of June 1982. _ r OR ATTEST: CITY tLERK APPR /VED: 0 City Administrative ffic r City Attorney Financ it r City En r F-1 /&/ e'l- Za 1� 1 0 1 d 8 RESOLUTION NO.4834 (1982- $er:es) 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: Murray Street Sewerline ESTIMATE: $18,015.00 BIDDER: Fred Julien & Associates CITY PLAN NO. D -24, Alternate 1 BUDGET ACCOUNT: 52- 7062- 733(D24) BID AMOUNT: $16,660.00 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 Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this I st day of June , D: 7-�az C It y Admi istrative Of icer City Atto e Fi nce Director Pty E 4 ineer -'/ / (V ^J ^ /V' • � ^_ / � .� �����c J �yod Tvli��� i s" RESOLUTION NO. 4833 (1982 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be surplus property. SECTION 2. That the sale of such property is hereby authorized. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT.: Councilman Griffin the foregoing resolution was passed and adopted this 1 st day of June , 1982. MAYO MELANIE C. BILLIG ATTEST: '�Z'4 V CITY CLERK PAMELA V ES Approved: Q City Administrative OfficerJ J �= WrAWMW�� City Attorney ��_s ^ - EXHIBIT A "J I D1M14ti1 1 IBM Copier II (now at the Police Department) Serial #40- 6801 -11- 0513320 1 IBM Copier II (now in the Community Development Department) Serial 440- 6801 -1i- 0522410 1 IBM Copier III /20 (upstairs at City Hall) Serial #40- 6803 -35- 1504319 1 Savin.880 (now at Fire Station #1) Serial 4408941 �%� � � r � _ ... i. �� � . . RESOLUTION NO. 4832 (1982 Series) A 1',_SOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEFLENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA FOR FUNDING OF CITY IMPROVEMENT OF RAILROAD STATION, ROADWAY AND PARKING LOT BE IT 1iF.SOLVED 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 State of California, Department of Transportation is'liereby approved and the Mayor is authorized to execute the same. SECTION 2. The Citv Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: City Finance Director; State of California, Department of Transportation. On motifm of Councilman Settle and nn the following roll call vote: , seconded by Councilman Dunin AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NiOP.�: None ABSENT: Councilman Griffin the foregoin-< Resolution was passed and adopted this 1 st day of June 1982 MAYOR ATTEST: CI' Y CLEKI< „ All City Administrative Of icer CiCv Atto AGREEMENT STATE OF CALIFORNIA FUNDING FOR CITY IMPROVEMENT OF RAILROAD STATION, ROADWAY AND PARKING LOT. THIS AGREEMENT, made and entered into this 1 St day of June 1982, by and between the State of California, Department of Transportation, (hereinafter, "STATE ") and the City of San Luis Obispo, a municipal corpor- ation of California (hereinafter, "CITY "), 141TNESSETH: WHEREAS, STATE and CITY desire to accomplish construction of improve- ments of the railroad station, roadway, and parking lot on Santa Rosa Street in the City of San Luis Obispo herein referred to as PROJECT, owned by the Southern Pacific Transportation Company, herein referred to as "Southern Pacific ". ?OW. THEREFORE, the parties hereto agree as follows: 1. CITY shall use its best efforts to obtain authority from Southern Pacific to refurbish, modify, rehabilitate, reconstruct, and redesign the existing station and the surrounding right of way as described in Attachment'1. 2. CITY shall provide plans and specifications and all necessary construction engineering services for the PROJECT and to submit the plans and specifications to STATE for approval prior to letting the contract. 3. CITY shall construct the PROJECT by contract in accordance with the approved plans and specifications. 4. CITY shall maintain the roadway improvements on the property under long term lease to the CITY by Southern Pacific. 5. STATE shall reimburse the City fully for actual engineering and con- struction costs incurred. in the rehabilitation of the station and the parking lot. STATE will participate in the roadway.reconstruction of that portion of Santa Rosa Street under long term lease from Southern Pacific on a 75% -25% basis, the STATE's share being 75 and the CITY's being 25 %. In no evert shall STATE's total obligation for said costs under this contract exceed the amount of $400,000.00, provided that STATE may, at its sole discretion, in writing, authorize a greater amount. The actual amount of STATE's share of the costs will be determined after completion of work and a financial settlement made upon a final accounting of costs. 6. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occuring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.4) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. 7. If, upon opening of bids, it is found that a cost overrun will. occur, STATE and CITY shall endeavor to agree upon an alternative course of action. 8. If termination of'this agreement is by mutual agreement, STATE will bear all included costs incurred prior to termination, not to exceed the STATE's share of $400,000.00 except for that portion of.work done on the roadway described in Section 5., above, for which STATE will pay a 75% reimbursement to the CITY. 9. This agreement shall terminate upon completion and acceptance of PROJECT by STATE and CITY or on June 30, 1984, whichever is earlier in time; however, the maintenance clauses shall remain in effect until terminated, in writing, by agreement. 10. CITY will attempt to include the following clause in any lease agreement executed with Southern Pacific: "Should STATE desire to assume an ownership or operator status at any time in the future regarding the PROJECT or Facility, then the contribution made by STATE hereunder, as well as other STATE funds allocated by the annual State Budget Act or the California Transportation Commission and Federal funds designated for Public Transportation Capital Improvements, shall be considered as a credit toward the acquisition or purchase costs to STATE based upon a percent of the contributions to the total purchase or development price." IN WITNESS WHEREOF, the parties hereto have affixed their signatures below, on the date first written above. CITY OF SAN LUIS OBISPO B ATTEST: CITY CLERK STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation By District Director V RESOLUTION NO. 4831 (1982) Series RESOLUTION IN SUPPORT OF UNITED STATES HOUSE OF REPRESENTATIVES BILL NO. 6365 (Proposed Central and Northern California Offshore Drilling Moratorium) WHEREAS, a bipartisan bill, known as House of Representatives Bill No. 6365 (HR 6365), has been introduced in the Congress of the United States; and WHEREAS, HR 6365 would place a moratorium on Outer Continental Shelf drilling activities on the federal Outer Continental Shelf in portions of the central and northern California Outer Continental Shelf Planning Area extending from the Santa Maria River north to the Oregon border and from the three -mile state tidelands boundary to beyond the seaward limit of the planning area, such moratorium to remain in effect until January 1, 2000; and WHEREAS, this valuable shoreline is also a critical habitat for a diversity of birds and marine life deserving of protection and preservation, including the threatened southern sea otter; and WHEREAS, the economic viability of the central coast is dependent on commercial fishing, recreational and tourist industries, and agriculture; and WHEREAS, proposed Outer Continental Shelf development of the central coastal waters poses a severe threat to the coastal economy of our county because of impacts from projected oil spills, degradation of air quality resources and conflicts with other uses of the offshore and coastal areas; and WHEREAS, continued efforts by the United States Department of the Interior to lease for Outer Continental Shelf activities vast portions of this area have resulted in the need for an ongoing and continual expenditure of staff time, funding, and political action by local agencies to effectively address these proposals, with a negligible response by the United States Department of the Interior; and WHEREAS, HR 6365 is consistent with positions and policies previously adopted by our agency with regard to Outer Continental Shelf proposals in these areas; and WHEREAS, HR 6365 will be subject to the deliberations of relevant committees and floor votes in the Congress of the United States; and WHEREAS, as the impacts on our local economy and air quality will be substantial. NOW, THEREFORE, BE IT RESOLVED, That the San Luis Obispo City Council, State of California, hereby adopts this, resolution in support of HR 6365 and Page 1 of 2 R 4831 i ' Resolution No. 4831 (19$2 Series) May 26, 1982 directs that copies of this resolution be directed to: Congressmen Leon Panetta, Don Clausen, John Burton, Phil Burton, Ron Dellums, Tom Lantos, Don Edwards, Vic Fazio, Robert Matsui, Pete Stark, Norman Minetta, Anthony Bielenson, and all other appropriate members of Congress and interested officials. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following toll -call vote, the foregoing resolution is hereby passed and adopted this 26th day of May, 1982, in the city of San Luis Obispo. AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: Councilman Dunin ABSENT: None ATTEST: /2914ze lltvela Tame f Voges, d1^ty_Cl0fk APPROVED: eo-o-L �A�= Paul Lanspery, City Admi istratot George Thacher, City Attorney dkr CITY OF SAN LUIS OBISPO Page 2 of 2 I . RESOLUTION NO. 4830 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE ,CITY AND BOB SIMONIN FOR SEWER FARM FIELDS GRAZING LEASE 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 Bob Simonin is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: , City Finance Director, and Director of Public Services. On motion of Councilman Griffin seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin, and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 26th day of May , 1982. APPROVED: Q City Administrative ffice City Attorney �o� � � � � /v _ . ,.; �� \ LEASE AGREEMENT _ SEWER FARM FIELDS This lease, made and executed this 26th day of May 1982, is by and- between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City ", and Bob Simonin hereinafter referred to as "Lessee ". WITNESSETE: The City hereby leases to Lessee, for grazing purposes only and on the following terms and conditions: 1. The Lease shall be for four. (4) years, commencing on June 1, 1982, and terminating on May 31, 1985. Approximately 41.96 acres will be available (including 8.50 acres of Gudel Property). 2. The rental shall be Seven and � Dollars ($7.00) per acre per month, payable in advance the first of every month, commencing with June 1, 1982; providing that City may, from time -to -time, withdraw all or any.portion of the fields by giving thirty (30) days notice to Lessee: The rental payment shall be based on the acres available each month during the term hereof. 3. The premises leased are located in the City of San Luis Obispo, County of San Luis Obispo, State.of California, adjacent to the City's sewage treatment plant, as shown on the attached map marked.Exhibit "A" and incorporated herein by reference, and includes a portion of the land known. as the " Gudel Property. ". 4. Lessee agrees to place the effluent generated by said plant on the fields in accordance with directions given by the City and further understands that the City reserves the right, without notice to Lessee, to discharge water from its sewage disposal plant or sewage from its: sewer system upon said land at any time, which water or sewage may or may not be chlorinated. Water shall not be allowed to stand or pond and must be.kept from adjoining property at all - 2 - times. Particular care must be exercised to avoid standing water, or excessive irrigation. 5. Lessee hereby waives all claims against City for damaged goods and animals in or about said premises and for injury to Lessee, his agents, or third persons in or about said premises from any cause arising at any time, and Lessee holds City free and harmless from any damages or injuries to any person or property arising from the use of the premises by Lessee. Lessee shall obtain and keep current a liability insurance policy with not less than $50,000 property damage coverage for each person on account . of any one occurrence, and personal injury coverage of not less than $100,000 for each person and $300,000 for each occurrence, with thirty (30) days notice to the City for cancellation or modification of insurance. 6. Lessee agrees to use good grazing practices and to move his or her animals to designated portions of the premises if requested to do so by the City and understands that the City shall have the right to determine the number of animals the pastures can handle. 7. Lessee agrees to eradicate and control weeds on the land before. they go to seed, especially spiny -clot burr, thistles, hemlock, or any other type of plant that extends above the normal growth of pasture. In the event Lessee fails to remove said weeds, then upon ten (10) days written notice by the Director of Public Services, City may remove the weeds by contract or with City forces, and Lessee shall pay all costs thereof within thirty (30) days after receiving notice of such cost from.the City. 8. Lessee agrees to construct and maintain fences and gates at such locations as are designated by the City, with material provided by City. In the event. Lessee desires to erect additional fences, then upon approval of the Director of Public Services, Lessee, at Lessee's sole expense, may - 3 - install such approved additional fences. Upon termination of this lease, the Lessee shall remove said fences if required by the City. 9. Lessee agrees to repair and maintain all pasture berms, effluent lines, risers, lids, stems and other such appurtenances as directed by City. 10. Lessee agrees to repair, install and maintain adequate water lines, shutoff valves to the water troughs and to construct and maintain a corral large enough to dry feed the animals during the rainy season, subject to the approval of the Director of Public Services. 11. Lessee's use of roads and sewer plant area is subject at all times to the prior approval of the Director of Public Services 12. City agrees to provide access from Higuera Street to the 8.50 acres known as the Gudel Property. 13. Lessee shall not sublease the premises or any part thereof without prior written approval of the City Council, Usage of the land by more than one species of animal at a time must be approved by the Director of Public Services.* 14. Lessee shall provide the Director of Public. Services with a'tele- phone number for contact at all times in the event of any emergency,-including without limitation, broken fences or berms, ponding, trespassers, unfed cattle and overflowing water troughs. 15. This lease may be terminated and cancelled by the City if the City Council, at its sole discretion, determines that such termination is,in the best interest of City. Said termination shall be effective thirty (30) days after such determination, with written notice to Lessee, and Lessee shall not be entitled to damages or other reimbursement as a result of such termina- t -ion. 16. Written notice under this agreement may be given by either party to the other, and shall be effective upon the deposit in the U.S. Mail of certified or registered letter addressed to the other party at, the address below: CITY: City Clerk City Hall P.O. Box 321 San Luis Obispo, CA 93406 LESSEE: Robert Simonin 8220 Carmelita Avenue Atascadero, CA 93422 17. City agrees to give credit of $405.14 on the lease payment to permit Lessee to purchase 30 gallons of 2 -4 -D weed eradicator to promptly control existing weeds on the site. IN WITNESS WHEREOF, the parties hereto execute this lease in duplicate, on the date first written above.. ATTEST: CI 7Y CLERK 7 A OGES LESSEE: oil by , 11 Ste_ v D k L �a rLL��Le by LESSOR: City of San Luis Obispo b i MAYM MELANIE C. BILLIG APPROVED: eaj�4-v- 'Ety Administrative UfficerJ Director of Public Services WM / ,�� •� 1 -Al �j J RESOLUTION NO. 4829 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE 1981 -82 GENERAL FUND, WATER FUND AND SEWER FUND APPROPRIATIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. That the following appropriation accounts be increased to provide for a contract organization and management study for the Public Services Department: Account No. Description Amount (05) 01- 3998 -000 General Fund $59000 Non- Departmental Expense (50) 50- 6508 -119 Water Fund Administrative Expense 5,000 (50) 52- 7208 -119 Sewer Fund 5,000 Administrative Expense $15,000 On motion of Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of May 1982. ATTEST: .u- T._ R 4829 f Resolution No. 482j,_.982 Series) _ Page 2 APPROVED: Q City Administrative Officer City Attorney nance D �Ub /iG .��"U�GeS r :r RESOLUTION NO. 4828 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RALPH ANDERSEN AND ASSOCIATES FOR AN ORGANIZATION AND MANAGEMENT STUDY OF THE CITY'S PUBLIC SERVICES DEPARTMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION L. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and RALPH ANDERSEN AND ASSOCIATES, 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: On motion of Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOBS: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day. of May 19 82 MA 0 MELANIE C. BILLIG ATTEST: CITY ERIIPAMELA VOGES A VED: City Administrative Of:icer City At C'y Finance Dirrc )r -- — R 4828 R. 109 EXHIBIT "A" RALPH ANDERSEN AND ASSOCIATES PROFESSIONAL SERVICES AGREEMENT Ralph Andersen and Associates agrees to provide the following services to the City of San Luis Obispo in conducting an organization and management study of the City's Public Services Department: 1. Review and finalize the workplan with appropriate City officials. 2. Meet with key Public Services Department staff and distribute questionnaire. 3. Analyze questionnaires and conduct in -depth interviews with key departmental staff and others as appropriate. 4. Perform diagnostic review of the organization. 5. Conduct analysis and develop organizational profile. 6. Review organizational profile and preliminary findings with City staff. 7. Prepare and discuss draft final report. 8. Prepare and submit final report. The services referenced above will be provided as outlined in the. proposed workplan dated May 7, 1982, as submitted by Ralph Andersen and Associates. For services to be performed, the City of San Luis Obispo agrees to compensate Ralph Andersen and Associates the fixed amount of $10,000 for professional services. It is understood that the only charges for which the City of San Luis Obispo assumes reponsibility, in addition to the fixed fee, are reimburse- 1446 ETHAN WAY • SUITE 101 • SACRAMENTO. CALIFORNIA 95825 • (916) 929 -5575 PROFESSIONAL SERVICES AGREDIENT Page Two ment for out -of- pocket expenses incurred by Ralph Andersen and Associates for such items as travel, long - distance telephone, printing, and postage which will be billed on an actual cost basis. Charges for professional services and expense reimbursement are payable monthly upon receipt of an appropriate state- ment submitted to the City by Ralph Andersen and Associates. This agreement will commence on May 18, 1982 and shall continue until all project activities are completed. CITY OF SAN LUIS OBISPO RALPH ANDERSEN AND ASSOCIATES BY By: Dated: t ated: f %;, a: RALPH ANDERSEN AN® ASSOCIATES May 7, 1982. Mr. Paul Lanspery Administrative Officer City of San Luis Obispo P. 0. Box 321 San Luis Obispo, California 93406 Dear Paul: As a follow -up to your letter of May 4, 1982, and Mike Davis's telephone con- versation with you, we have revised our proposal regarding an organization and management study of the Department of Public Services. Per your request, eight copies are enclosed. With regard to expenses, we believe they will approximate $3,000, covering items such as travel, long- distance telephone, printing and postage. Addi- tional expenses could be involved if there were meetings that were unantici- pated or if the City wanted an unusually large number of copies of the final report. However, the $3,000 estimate should be adequate. As requested, we have also enclosed two copies of a Professional Services Agreement. One signed copy should be returned to our office in Sacramento. We look forward to the this important project. tional information. Best regards. Enc. opportunity of working with you and the City staff on Please do not hesitate to call should you need addi- Sincerely, RaI ph. Andersen 1446 ETHAN WAY • SUITE 101 • SACRAMENTO, CALIFORNIA 95825 • (916) 929 -5575 4: :-I %_ �_,OLUTION NO. 4827 (1982 Ser`__--,/) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING RELOCA- TION GUIDELINES AS PART OF THE CITY'S BLOCK GRANT PROGRAM WHEREAS in 1980 the city received a Community Development Block Grant for the purpose of assisting in the rehabilitation of rental housing in the central part of San Luis Obispo; and WHEREAS as part of the city's rehabilitation program there will,be some short -term displacement of tenants from housing that is being remodeled; and WHEREAS the.federal government requires the city adopt relocation guide- lines which spell out how the relocation needs of displaced tenants will be met and the type and level of assistance provided; and WHEREAS on February 5, 1982 the Block Grant Loan-Committee reviewed a set of draft relocation guidelines prepared by the Housing Authority staff and recommended that the guidelines be forwarded to the City Council for adoption. NOW, THEREFORE , the City Council resolves as follows: Section 1. The relocation guidelines attached as exhibit "A ",and incorporated by reference are adopted. Section 2. Copies of the relocation guidelines shall be made available to the public in the City Clerk's Office, the Community Development Department and at the San Luis Obispo Housing Authority offices. On a motion of Councilwoman Doves , seconded by Councilman S 1 and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig NOES: Councilman Dunin ABSENT: None the foregoing resolution was passed and adopted thisl8th day of May , 1982. ATTEST: v Cit Clerk Pamela loges Mayor Melanie C. Billig R 4827 Resolution No. 4827 (`1982 Series) Page 2 APPROVED: ems- a City Administrative Officer r /L�� City Attorney Interim'ComijAity Development Director 1ExN1t5rr "A" RELDcA ION 61-TEFLINEs CITY OF SAN LUIS OBISPO DOWNTOWN HOUSING CONSERVATION PROGRAM RELOCATION ASSISTANCE PLAN PURPOSE The purpose of this plan is to insure that persons displaced as a result of the City of San Luis Obispo Downtown Housing Conservation Program are treated fairly, consistently, and equitably, so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole. ELIGIBILITY CRITERIA Any person who is a tenant in a building that is rehabilitated using funds from the City of San Luis Obispo Downtown Housing Conservation Program is covered by these provisions, provided said tenant was in residence at the time a written agreement covering said rehabilitation was entered into between the owner of the building and the City of San Luis Obispo. There shall be two categories of tenants: 1. Long -term tenants, those residing for 90 days or more prior to the signing of the agreement between the City and the owner; and 2. Short -term tenants of less than 90 days tenancy prior to the signing of the agreement. Long -term tenants will be eligible for a moving allowance, a dislocation allowance, rental assistance payments for temporary housing, and Section 8 Rental Assistance for permanent housing. Short -term tenants will be eligible for a moving allowance and a dislocation allowance. If a person rents a unit after the signing of the agreement between owner and City, that person shall be informed of the pending rehabilitation and that s /he will not be eligible for assistance. If a tenant moves from his/her unit prior to the issuance of the Notice to Vacate, said tenant will not be eligible for assistance unless there is prior written agreement signed by the tenant, owner and City. In order for a tenant to be eligible for assistance, the unit which s/he occupies must be his/her primary residence. -2- NOTICE OF REHABILITATION Within 30 days of the signing of the agreement between owner and City, a notice of Intent to Rehabilitate will be given to all tenants. The notice will inform the tenants of the owner's and City's intent to rehabilitate the building, advise the tenant not to move now, and in general terms describe the assistance available to the tenant. It will also give the name of a person to contact to answer any questions the tenant may have. NOTICE TO MOVE At least 30 days prior to the date units must be vacated, each tenant required to move will be given a written notice. Prior to the issuance of this Notice to Move, the tenant must be given a list of at least 3 comparable rental units that have been certified, unless said tenant occupied his/her unit after the issuance of the Notice of Intent to Rehabilitate. After receiving a Notice to Move, the tenant may move into one of the referral units, or into any other unit that can be certified. If the tenant is eligible for Section 8 Rental Assistance, s/he may move directly into an assisted unit rather than wait for rehabilitation to be completed. CERTIFICATION OF TEMPORARY REPLACEMENT HOUSING Prior to requiring a person to move from his /her unit, s /he must be given a list of 3 comparable replacement dwellings. The term "comparable replacement dwelling" means a unit which is: a) Decent, safe, and sanitary b) Functionally equivalent to and substantially the same as the current unit with respect to the number of rooms and area of living space c) Available to all persons regardless of race, color, religion, sex, or national origin, and available without discrimination based on source of income. d) Actually available to the relocating person on the private market e) Has been inspected and certified as to meeting the above by the Housing Authority of the City of San Luis Obispo DECENT, SAFE, AND SANITARY DWELLING The term "decent, safe, and sanitary dwelling" means a dwelling which: a) Meets applicable local housing and occupancy codes b) Is structurally sound, clean, weathertight and in good repair c) Has an adequate and safe electrical wiring system d) Meets the requirements of the HUD Lead -Base Paint Regulations (24 CFR Part 35) issued under the Lead -Base Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) -3- e) In the case of a physically handicapped person, is free of any pertinent architectural barriers f) Has heating as required by climate g) Has habitable sleeping area that is adequately ventilated and sufficient to accommodate the occupants h) Has (or, if not a housekeeping unit, has access to) a separate, well - lighted and ventilated bathroom, affording privacy to the user, that contains a sink and bathtub or shower stall, properly connected to hot and cold water, and .a flush toilet, all in good working order and properly connected to a sewage drainage system i) If a housekeeping unit, has 1) A kitchen area that contains a fully usable sink in proper working order, and adequate space and utility service connections for a stove and a refrigerator, and 2) adequate living area RENTAL ASSISTANCE PAYMENTS FOR TEMPORARY HOUSING When a tenant is a long -term (90 days) tenant and elects to move into temporary housing prior to permanently moving into a Section 8 assisted unit, then that tenant shall be eligible for rental assistance payments on the temporary unit, if needed, up to a maximum of $1,000. The rental assistance payments will be calculated as follows: a) If the tenant moves into a unit to which s /he was referred and the rent and utilities in the new unit are higher than what s /he had been paying, the difference shall be paid by the City: 1) For a period not to exceed 60 days after occupancy has been granted by the City for the building from which the person moved, and 2) In an amount not to exceed a total of $1,000 b) If the tenant moves into a unit other than one to which s/he was referred, the payments will be based on the difference between what s /he had been paying and either: 1) The rent and utilities in the unit actually moved into, or 2) The rent and estimated utilities in the most expensive of the referral units, whichever is less c) If a tenant moves into a unit.other than one to which s /he was referred, rental assistance payments will not be available unless the unit is certifiable as being decent safe, and sanitary.. -4- `. PRIORITY SYSTEM FOR REHABILITATED APARTMENTS If, after the building has been rehabilitated, there is a reduction in the number of units available, then first priority for these units will be given to tenants who have been in residence for the greatest length of time who qualify for Section 8 Rental Assistance. If, however, all the units have not been occupied within 30 days after being given a certificate of occupancy by the City, the owner may, in accordance with his agreement with the City, open the remaining units for occupancy by the general public. SECTION 8 RENTAL ASSISTANCE When a person has been a tenant for 90 days prior to the signing of an agreement between the owner of his /her unit and the City, that tenant shall be eligible for participation in the Section 8 Rental Assistance Program except as s/he may be ineligible due to income in excess of maximum income limits. After a tenant has been issued a Section 8 certificate, s/he will have not less than 60 days after the rehabilitated structure has been granted occupancy by the City to locate a permanent residence utilizing Section 8 Rental Assistance Payments. The tenant may wait until the building is rehabilitated to Section 8 standards and move back in, or may find another unit which meets the Section 8 Minimum Property Standards. SECTION 8 PARTICIPATION AS A DISPLACED PERSON If a person who qualifies for the Section 8 Program as a displaced person is granted a Section 8 certificate because s /he is a tenant in a rehabilitated structure, that person will be eligible for Section 8 Assistance only as long as s /he remains in the first permanent residence moved into under the Section 8 program. DISLOCATION ALLOWANCE AND MOVING EXPENSE a) Short -term Tenant (less than 90 days) A short -term tenant shall be eligible for a one -time dislocation payment of $100 plus actual moving expenses up to $100. The dislocation payment shall be paid at the time the tenant moves out of his /her unit. The moving expenses will be reimbursed upon receipt by the proper authority of the proper documentation. b) Long -term Tenant (90 days or more) A long -term tenant shall receive a dislocation payment and moving expenses as outlined for a short -term tenant. In addition, s /he will be eligible for up to an additional $100 moving expense if s /he must move twice. CITY OF SAN LUIS OBISPO DOWNTOWN HOUSING CONSERVATION PROGRAM NOTICE OF INTENT TO REHABILITATE Dear On entered into a preliminary agreement a e a o e to rehabilitate the building which you occupy at The rehabilitated housing would then be made available for lower- income persons under the HUD- assisted Section 8 Program. If the proposal is approved and we are able to proceed with our plans, it will be necessary for you to move. BUT YOU DO NOT NEED TO MOVE NOW. When you do move, you will be helped in relocating to suitable replacement housing, and you will be paid for your moving expenses, up to $200, plus a dislocation allowance. If you qualify for Section 8 Housing Assistance, you may move back into a rehabilitated unit in the building you currently occupy, or you may move into any other unit which qualifies for Section 8 assistance. We will assist you in moving to another suitable rental while construction in under way and also for your move into your permanent housing. we will also pay your reasonable additional housing costs (increases in rent and utility costs) at your temporary home. The temporary period should not exceed one year. I encourage you not to move from your present unit until you hear from us. Please be assured that you will not be required to move unless opportunities to move to decent, safe, and sanitary housing are available to you. Also, you will not be required to move without at least 30 days advance written notice of the earliest date we will be starting construction. If you move prior to receiving a Notice to Move, you may not be eligible for assistance. A member of our staff will soon contact you to determine your needs and to explain what we can do to help you find and relocate to suitable housing. In the meantime, if you have any questions, please call me, Richard Crutchfield, at my office. I can be reached at 543 -1026 or by visiting the office at 487 Leff St., San Luis Obispo. Sincerely, Richard W. Crutchfield, Housing Rehabilitation Specialist rlous��y ��o� fS;,� � cOD / � `; �y /-� i i' a RESOLUTION N0. 4826(1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION .82 -64 LOCATED AT 1185 ISLAY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 82 -64 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 -3 zone. 3. The design is not likely to cause substantial environmental damage. or cause serious 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 subdivision. 5. The proposed parcel map is categorically exempt from environmental determination. SECTION 2. Conditions. That, the approval of the tentative map for Minor Subdivision 82 -64 be subject to the following conditions: 1, Subdivider shall dedicate right -of -way to the city for street widening along Toro and Leff Streets as depicted on the tentative parcel map to the approval of the City Engineer. 2. Subdivider shall repair or install new curb, gutter, sidewalk, handicap ramps and street paving along Toro and Leff Street frontages of the property to city standard and to the approval of the City Engineer. 3. Subdivider shall have an on -going responsibility for cleaning and maintaining the on -site creek channel to the satisfaction of the Public Services Department staff, otherwise the city shall clean and maintain it and assess the property owner for costs. 4. Subdivider shall grant to the city a drainage easement over the creek to the approval of the City Engineer. I R 4826 Resolution No. 48260 982 Series) Minor Subdivision 82 -64 Page 2 5. Subdivider shall remove existing buildings prior to final parcel map approval to the approval of the Community Development Director. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of May , ..1982. I _ ayor elanie C. BiTlig ATTEST: Cit Clerk amel o es APPROVED: Administrative Office 11410�lc ty Attorney j AL V Interim CdmmuDfty Development Coordinator vu�� v�cr�r �i� � � � RESOLUTION NO. 4825 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A 12 -MONTH TIME EXTENSION FOR TRACT 896 LOCATED AT 251 MARGARITA 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 findings. WHEREAS, the City Council concurs with the Planning Commission NOW, THEREFORE, the City Council resolves as follows: SECTION 1:' That Tract 896 is granted a twelve - month time extension to April 15, 1983, subject to original tract map conditions as specified in City Council Resolution No. 4144 (1980 Series) attached hereto. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of May , 1982. ayor .elanie C. Billig ATTEST: City Clerk Pamela V es if R 4825 Resolution No. 4825' '.982 Series) Tract 896 Page 2 APPROVED: el �.� .... City Administrative Offic r City Attorney Interim C6mrmmkty Development Coordinator i� s94 RESOLUTION NO. 4144(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 896 LOCATED AT 251 MARGARITA AVENUE 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 Tract 896 and the Planning Commission's recommendations, staff recom- mendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably in- jure fish or-wildlife or their habitat. 6. The design of the subdivision or the.type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for tract 896 be sub- ject to the following conditions: 1. Tract corners shall be set by a registered civil engineer or land surveyor. 2. A registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy. 3. All utilities shall be undergrounded. 4. Subdivider shall install individually metered water service to each dwelling unit. Meters shall be clustered and be located at driveway frontage of units, be unobstructed, and be to the approval of the Public Services Department. 5. Sewer and water mains shall be public and to city standards. Easements over the mains and access to mains shall be to the approval of the City Engineer. R 4144 Resolution No. 414 \_.� Tract 896 Page 2 6. Subdivider shall install fire hydrants as required and approved by the City Fire Department. 7. One of the existing water wells shall be abandoned and capped in compliance with applicable City, County And State Regulations. One water well may be retained for irrigation subject to providing cross connection protection. 8. Final map shall note.common lot area as a blanket utility easement acceptable to the utility companies and City Engineer. 9. Subdivider shall prepare conditions,. covenents, and restrictions to be approved by the City Attorney and Community Development Director .prior to final map approval.. CC &R's shall contain the following provisions: a_. Creation of a single overall homeowners association to enforce the CUR'S and provide for-professional, perpetual maintenance of all common area including private driveways, building exteriors and landscaping in a first class condition. b. Grant to the City of San Luis Obispo the right to maintain common area if the homeowners association fails to perform, and assess the homeowners association for expenses incurred. C. No parking on the site except in approved designated spaces.. d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places. e.. No outside storage of boats, campers, motor homes and trailers nor long -term storage of inoperable vehicles. f. No outside storage by individual units except in designated storage areas. g. No change in city- required provisions of CC &R's without prior City Council approval. 10. All private streets /driveways shall be designed to a traffic index of 4.0 or better. 11. Subdivider shall provide and the homeowners association shall maintain appro- priate "no parking" signs and red curbing as required by the City Fire Departmen and City Engineer. 12. The drainage channel and culverts shall be designed to accommodate a 10 -year minimum design storm. Finished building pads and /or floor elevations shall be designed to accommodate a 100 -year design storm. Drainage calculations and improvements shall be to the approval of the City Engineer. 1.3. Subdivider shall provide for drainage along westerly tract boundary with a_ Swale. Street /driveway crossings shall be by culverts in lieu of street flow or surface cross - gutters. I Resolution No. 4144 Tract 896 Page 3 14. Subdivider shall grant an easement for drainage and maintenance proposed over drainage channel. Subdivider shall grant the city permission fo"r vehicular access through the site to maintain drainage channel. Subdivider shall obtain permission and easement for drainage channel modifications off site adjacent to southerly tract boundary. Subdivider shall provide access . gates as necessary and to approval of Public Services Director and City Engineer. 15. Subdivider shall pay water acreage and sewer charges as determined by the City Engineer, prior to final map approval. 16. Subdivider shall pay park in -lieu fees, equivalent to 1.196 acres, prior to final map approval. 17. Subdivider shall install street trees across entire street frontages to the approval of the Public Services Department. 18. No additional median cuts shall be made in Margarita Avenue. 19. Subdivider shall pay to the city prior to final map approval thirty percent (30 %) of the total cost toward the future installation of a traffic signal light at the intersection of South Higuera Street and Margarita Avenue. Costs shall be determined by the City Engineer.. The city will install the signal when sufficient funds are available. 20. Phasing shall be permitted provided there shall only be one tract map num- ber with separate phases identified as Unit 1, Unit 2, etc. 21. Subdivider shall assign addresses and unit numbers in accordance with addressing plan marked Exhibit A. 22. This resolution shall be effective upon the effective.date of Ordinance No. 850, rezoning this property from R -2 -S to R- 2 -PD.- In the event Ordinance No. 850 is not effective on or before 6 /5/80 this resolution shall expire. The tentative map hereby approved shall expire twelve (12) months from the date of adoption of this resolution, unless extended by later action of the council. On motion of Councilman Bond , seconded by Councilman Munger 9 and on the following roll call vote: AYES,: Councilmembers Bond, Munger, Billig and Dunin NOES: None ABSENT: ?Mayor Lynn R. Cooper Resolution No. Tract 896 Page 4 the foregoing resolution was passed and ATTEST: S/JJ4. FITZPATRICK City Clerk J.H. Fitzpatrick Approved as to form: ed this 15th day of April, 1980. .. Approved as to content: City Attorney City,:�Administrative Officer Commbevelopme t Director ti CitEngineer �L �r �o I nn VA m r 11AAiC z °� C-1 a to LLJ CD ebR� } ON N " so a Q !. J J � o _ -v. �J P h LL o P 4" N H I 7uE `A ST Go hum h u -N Ema a L S n W A `7 Q Q I nn VA m r 11AAiC z °� C-1 a to LLJ CD ebR� } ON N " so a Q !. J J � o _ -v. �J P h LL o P 4" N H I 7uE `A ST Go hum h u -N 000 r-I Af..) . ,�D 0 RESOLUTION NO 4824.(1982 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO OPPOSING CONSTRUCTION OR ESTABLISHMENT OF ANY NEW CORRECTIONAL INSTITUTIONS AND THE EXPAN- SION OF EXISTING CORRECTIONAL FACILITIES WITHIN THE COUNTY OF SAN LUIS OBISPO AT CAMP ROBERTS WHEREAS, the City Council has recognized the need for added space to house the ever expanding prison inmate population, and WHEREAS, the County of San Luis Obispo has already recognized its social responsibilities by supporting three State correctional facilities within its boundaries with a combined inmate population of in excess of 4,000 persons which"we feel more than represents San.Luis Obispo County's fair share, and WHEREAS, the increase of an additional three to four thousand felony inmates resulting in a proportionate number of families and correctional employees to the existing four thousand inmates already housed in this County would have a severe adverse impact on our already overburdened natural resources, housing and job markets, court facilities, etc., and WHEREAS, over 95 percent of the present County inmate population consists of commitments from other areas of the State, especially the metropolitan areas, and WHEREAS, the City Council is aware of a proposal that would pos ly bring 3,000 additional convicted felony inmates to the facilities of Camp Roberts in the northern part of our County and possibly other similar facilities at a later time, and WHEREAS, this City Council has a moral and legal responsibility to protect the citizens of this community to the fullest extent possible; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo opposes the construction or establishment of any new correctional facilities or institutions and the expansion of any existing correctional facilities within the County. R 4824 Resolution No.482._.;1982 Series) to: The City Clerk is hereby instructed to send copies of this Resolution Edmund G. Brown, Jr. Honorable Governor of the State of California Sacramento, California Mr. Ruth L. Rushen, Director California Department of Corrections Sacramento, California Kenneth Hahn, Chairman L.A. County Board of Supervisors Los Angeles, California On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of May 1982. ATTEST: .. v C Y CLERK AMELA GE APPROVED: Q eaj— Q.QM5 City Administrative Officer . A41YL, - City Attorney Polic ief o. 0 MELANIE C. BILLIG a C {: r � ;r ON No. 4823 (1982: -Sep 3) A RI'SOLUTI.ON 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 Improvements. CITY PLAN NO. E -43; F -31, E -44, E -52 50- 6362- 716(E43) ESTIMATE: $22,378, $31,640., $30,301., BUDGET ACCOUNT: 50- 6362- 716(F31) $45,074. without contingencies 50- 6362- 716(E44) BIDDER: Fred Julian & Associates BID AMOUNT: 50- 6362 - 716(.52) $21, 303.36; $23,370.20,.$28,122.78 & $45,563.8 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for sigiiature by the successful bidder and the Mayor. On motion of Councilman. Settle_ , seconded by Councilman Dunin and on the following roll.call vote: AYES: Councilmembets Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None AB'SE'NT: None the foregoing Resolution was ,passed and adopted this 18th day of May , APPROVED: City:Administroti.ve ([fie )AOOOOOfL City Attori Finance re or i. 0 gi icu r R 4823 lYl�lw/'C `�. �� Irl�e1� /�'l� Y' /�-� (f �} ��s «�i��' ��2' r � � - - �. 1 ,� . :, r .;,.. RESOLUTION NO. 4822 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING REQUEST FOR CONVERSION TO CONDOMINIUMS OF AN APARTMENT COMPLEX LOCATED AT 1120 LEFF STREET WHEREAS, the owners of an apartment complex located at 1120 Leff Street have applied to the City requesting conversion of the apartment units to condominiums pursuant to Section 9800.1 et seq. of the San Luis Obispo Municipal Code; and WHEREAS, the application was set for public hearing and heard on April 20, 1982, and May 4, 1982, before the City Council; and WHEREAS, the Council has fully considered the application, comments of staff, comments of applicant, comments of the public and all materials included in the agenda packet for the April 20, 1982, and May 4, 1982, meetings relating to the application. NOW, THEREFORE, BE IT RESOLVED by the Council of the.City of San Luis Obispo as follows: SECTION -1. This Council finds that due to the size of the site, the site is physically unsuitable for the proposed type and density of the proposed development in that the site, and more specifically the project design in place on the site, offer inadequate utilizable open and yard space, both common and individual, generally desirable for condominium projects. SECTION 2. Based on the above finding, and pursuant to Section 9800.8 of the San Luis Obispo Municipal Code, this Council concludes that there are inadequate facts to support all findings required by Section 66474 of the Government Code. SECTION 3. Based on the above conclusions, this Council hereby denies the application for conversion to condominiums of the apartment units at 1120 Leff Street. R 4822 Resolution No. 4822 (1982 Series) On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of May 1982. P1AY ?t MEL IE C. BILLIG ATTEST: �7 -9 1,4 / /1-40 CITY CLERK PAMELA PDGFS APPROVED: e��p v A ,, City Administrative Officetr City Attorney Interim'Dire or of Community Development -2- CDO 5 � RESOLUTION NO. 4821 (1982, Series) 1 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SUPPLEMENT TO AN AGREEMENT (RESOLUTION NO. 3860, 1979 SERIES) BETWEEN THE CITY AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE PREPARATION OF PLANS AND SPECIFICATIONS AND ENVIRONMENTAL DOCUMENTS FOR LOS OSOS VALLEY ROAD/HIGHWAY 101/ SAN LUIS CREEK PROJECT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1.. That certain supplement, attached hereto marked Exhibit 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 two originals-of the executed supplement to: W. W. Evans, Department of Transportation, District 5 Office; a copy to the City Engineer and Finance Director. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this. 18th day of May 1982. Attest: CTfY CLERK P AMELA OGES R 4821 Resolution No. 4821 (1982 Series) Approved: �a s City Administrative Offi ter City Attorney City V nanc ctor ity veer �� of �� G U -'.�`c Local Agency San Luis Obispo Supplement No. 4 To Local Agency –State Agreement No. —05f -50 -16 — Project No. _M_– _Y_3.6_9_(1) PROGRAM . OF LOCAL AGENCY FEDERAL -AID URBAN SYSTEM PROJECTS IN THE n; ty of San Lui _s_Qb spo Local AWncy Pursuant to the Federal -Aid for Urban Systems Acts, the attached "Program" of Federal :did Urban System Projects marked "Exhibit B° is liereby incorporated in that Master Agreement for die Federal -Aid Program «•hick %vas entered into between the above named LOCAL AGENCY and the STATE on June 22. 1978 and is subject to all of the teens and conditions thereof. The subject program is adopted in accordance Frith Paragraph 2 of Article II of the aforemen- tioned a,reement under authority of City / mit? Resolution No. 4821 approved by the City Council /fta=tmkR%xxi6ucston May 18, 1982 (See copy attached). San Luis Obispo Local Agency Bv tic t MAYOR MELANIE C. BILLIG Approved for State Attest; Dfn•ctra of Traruspurtation . District __05— Department of Transportation OLA.G„ 12.111 Date I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance. / Cs' Accounting Officer $// `:35 Chapter Statutes item Fiscal Year Program NSU Category Funo Source Ale EXHIBIT "A" m F- n X W C C v O C l- Mo CO U u V) L� A CJ G El L U C O C L) U O J 0 z _W w J d a N cs O C G c r1 r-I la CL r) s-� O O a N •ri O N C a G ro Cn 4a O 4-1 •rl U H I a) N ri +� O s_, F c-4 Q) N ro � h w O N cn 4-4 O Sa o rn Q) N C G) •ri c Cy N N �� 0 aL.i 't7 E C,)S •ri S-i N Q) N S4 4-I O .O 00 ^I L'I •^I � N ro Qj " CU) V N 41 pU 7 y O ] E TI -N iT Ck • G N •' .0 -,4 'C 4j Q) .0 rl N .O Q) O -C C U Q) O E 4m) O •ri C +) E •ri N >~ r-q Q) C-i .ri 44 O N O p. 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Si �4 ♦-4 co W Q) (n I) C ro C O L-a C N C to U hp ri I E NCr1 NC EE O C ro C Q) 4-I Q) •ri ,-1 CO U O i4 (1) 4-) O O ri 4-) S4 S. tT > C 41 0 C U to O r0 O U N "O 4+) O N .r4 C, . 4J LL E (D -rr U T) P.I l4 'Z r•i Sa - Q) C a) U N N ri Sr ci O 'O W Q) •ri ,-i ri Q) • = C .c; rl (1) x -. UGC D )H= G Z C) E-4 N 0, V) ri N cn c RESOLUTION NO.4820.(1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 81 -291 LOCATED AT 274 FOOTHILL BOULEVARD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 81 -291 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 -1 zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 subdivision. 5. The proposed parcel map is granted a negative declaration on environmental impact. SECTION 2. Conditions. That the approval of the tentative map for Minor Subdivision 81-291 be subject, to the following conditions: 1. Common driveway easement shall terminate 20 feet beyond rear lot lines of lots 1 and 2. 2. Common driveway shall be installed as a subdivision improvement and paved to a width of 16 feet. , 3. Common drivewy easement shall be shown on the final map. 4. Subdivider shall record a common driveway agreement consistent with city zoning ordinance requirements with the final map.' R 4820 Resolution No. 482«1982 Series) Minor Subdivision 81 -291 Page 2 5. Final map shall show easements for public utilities to the satisfaction of respective utility companies and city engineer. 6. Subdivider shall install individual water meters for each lot. Meters shall be clustered at Foothill Blvd. frontage, to the satisfaction of the Public Services Department. 7. Subdivider shall number all units in the tract consistent with city- approved address plan, attached as Attachment 1. 8. Subdivider shall install no parking /tow away signs along the common access driveway, to the satisfaction of the Public Services Department. 9. Abandoned driveways at the Foothill frontage shall be replaced with city standard curb, gutter and sidewalk, to the satisfaction of the Public Services Department. 10. Detailed grading and drainage plan shall be as approved by the City Council. 11. Drainage and sanitary sewer shall be taken to the north property line in an easement, to the satisfaction of the Public Services Department. 12. A note shall be placed on the final map that lots 2, 3 and 4 in the subdivision are sensitive sites and development of these lots is subject to Architectural Review Commission approval. 13. Final map shall show access rights to Foothill Boulevard for lots 1 and 2 dedicated to the city to the approval of the City Engineer. On motion of Councilman Settle , seconded by Councilwoman Dovey, and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: .None the foregoing resolution was passed and adopted this 4th day of May 1982. ATTEST: v S _ CI r Clerk Pamel VVoges Resolution No.4820 (1982 Series) Minor Subdivision 81 -291 Page 3 APPROVED: ajd Q ,S c _ Administrative Offic r City Attorney Tn—terim`CE76nity Development Coordinator FOOTHILL 16L VD j C -Y Of L ADDRESS PL,41Y antuis OBISPO Ms 61 - zg/ Department of Community Development 990 Palm Strcnt/Post office Box 321, San Luis Obispo, CA 93400 CIDID Fi /e/ 75r.titiy �� c r) q (f 1 RESOLUTION NO.4819 (1982 Series) A RESOLUTION OF INTENTION TO ABANDON LELAND TERRACE AND BUENA VISTA TERRACE AND REMNANT PORTIONS OF HASKIN AVENUE AND LEONA AVENUE ON THE SOUTHWEST FACE OF TERRACE HILL BE IT RESOLVED by the Council of the City of San Luis Obispo as` follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon Leland Terrace and Buena Vista Terrace and portions of Raskin Avenue and Leona Avenue as shown on the map marked "Exhibit A" attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map and agreement showing the particulars of the proposed abandonment/ are also on file in the office of the City Clerk. SECTION 3. Tuesday, June 1, 1982 at 7 :10 p.m., in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full, at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along portions of the streets proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The proceeding to be taken will be subject to reservation by the city of public easements for utilities, sewer., water, drainage and any other easements as may be required by the City Council at time of final abandonment. R 4819 LJ Resolution No. 4819 (1982 Series) Page 2 �i SECTION 7. The City.Engineer shall notify utility companies affected by the proposed abandonment at least ten (10) days before the date set for hearing in accordance with Section 8347 of the Streets and highways Code. 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 4th day of May , 1982. i y10 elanie C. Bi lig ATTEST: I Vt4t� - City Cler Pamela Voges APPROVED :. Administrative Off ficer City Attorney In eri om' ity Development Coordinator '1'u1l3c_3ervices Director � W AppRovED FoR AVAML70NMENT WITH TR. 7eO !D 11 dAG�I N5 -� t pAPT 7 n�nlunljn scale 1 1� '1 1 `II W i j '111111,111TR.15L3EWNPARY Inow *} � PART ME PArT r CIT,V Or sari WIS 0111SPO ." IS PAt2T "A AVENUE SAN WITH YPORTION FLOT 6LK. 3 LA BELL ON nlfr- — vl - T .CT �15 I APPROVE FpR O ?5' '25'I . A�P•N MENT � WITH TA 765 Q FLETcHER AvE. O r 11 11 LQ HD . BT• R. HANSoN ABANDONMENT OF PORTIONS DATE OF LELAND TERRACE, BUENA MARCH 26, 1982 VISTA TERRACE, HASKINS SCALE: AVENUE,ANn L�ONA AVE. V, =10o, (30 O ome-lra i/�/ /o�er,�i es� RESOLUTION NO. 4818 (1982 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF RIGHT —OF —WAY AT THE EAST CORNER" OF - CHORRO,AND WALNUT 'STREETS:: BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon right -of -way at the east corner of Chorro and Walnut Streets as shown on the map marked "Exhibit A ". attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map and agreement showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 3. Tuesday, June 1, 1982, at 7 :05 p.m., in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full, at least three (3) days before-the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at , least ten (10) days before. the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The proceeding to be taken will be subject to reservation by the city of public easements for utilities and sewer as shown on the map marked "Exhibit A" attached, and subject to such other conditions as the Council deems appropriate. R 4818 Resolution No. 4818 (1982 Series) Page 2 SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonment at least ten (10)' days before the date set for hearing in accordance with Section 8347 of the Streets and Highways Code. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig NOES: Councilman Griffin ABSENT: None the foregoing resolution was passed and adopted this '4th day of May , 1982. ATTEST: City Clerk 'Pamela oges APPROVED: lx AdnMnistrative Office= City Attorney ee✓� Interim/Cdbm6fffty Development Coordinator or U �1 W r�A1 ity Enginee 4�jl 4� } M Z-7 'DR-i�V� /J/ !'L.NJ T 14l G NC. \aA t-K � CO � 70 RE'SEPZVE VI N 53e 30',E --- qj AREA TO BE ABMDcWF.D a � 01 ' �I I Mr@`'`K EXISTING PROPERTY LINE 7� 136 I � az3 o' is I i , i N I I F A Ta EAMBIT A S i N Gl'J r1�Y /r.J C, � �� n RESOLUTION NO. 4817 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLD A PLANNING COMMISSION DECISION TO DENY USE PERMIT REQUEST TO CONVERT STORAGE SPACE TO TWO MOBILE HOME SPACES IN SILVER CITY MOBILE LODGE AT 3860 SOUTH HIGUERA STREET. WHEREAS, the Council of the City of San Luis Obispo considered the appeal by the applicant and conducted a public hearing`on the matter; and WHEREAS, the City Council determined that the request would remove a needed convenience for the mobile home park tenants who do not have room at each individual space to store large items like boats, campers and recreation vehicles; and WHEREAS, the council determined that the most recent mobile home park established in the city was required to provide a common outdoor storage facility; and WHEREAS the council concludes that the requested use is not appropriate at the proposed site for protection of public health, safety and welfare of persons living in the mobile home park. NOW.THEREFORE *the council resolves to deny the applicant's appeal and uphold the Planning Commission's denial based on the following findings: 1. The proposed project will be detrimental to the health, safety and welfare of persons living or working in the mobile home park in that there will not be convenient storage on site for large items such as recreational vehicles, campers, and boats that: "cannot be 'stored on individual mobile home spaces due to the small size'of these spaces. 2. The proposed project is not appropriate at the proposed location inithat a.needed outdoor storage area within the park would be eliminated. On motion of Councilman Griffin seconded by 'Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: Councilman Dunin .ABSENT: None R. 4817 • Resolution No. 4F' i (1982 Series) Page 2 the foregoing resolution was passed and adopted the 4th day of " May , 1982. ATTEST: v City Clerk Pamela Vo s APPROVED: Ca�� Q :;r�r� — Administrative Offic'eif City Attorney Tnteriti lComoiflity Development Coordinator ODD RESOLUTION NO. 4816 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING API APPEAL AND UPHOLD A PLANNING COMMISSION DECISION TO DENY USE PERMIT REQUEST FOR COIN- OPERATED GAMES AND BILLIARD FACILITY IN EXIST- ING SERVICE STATION AT 1590 LOS OSOS VALLEY ROAD. WHEREAS, the Council of the City of San Luis Obispo considered the Appeal by the applicant and conducted.a public hearing on the matter; and WHEREAS, the City Council determined that the requested use would cater to minors and increase bicycle activity within the service station site and adjacent parking lot and subject bicyclists and pedestrians from adjacent parking lot to undue hazards because of the poor design of the parking lot and points of access allowing random traffic movement within the vicinity; and WHEREAS, the council determined that using a service station for an assembly -type use would unnecessarily subject people to potential fire hazards; and WHEREAS, the council concludes that the requested use is not appropriate at the proposed site for protection of public health, safety and welfare of persons that might use the facility. NOW, THEREFORE, the council resolves to deny the applicant's appeal and uphold the Planning Commission denial for use of this location, based on the following findings: 1. The proposed use is not appropriate at the proposed location because it would subject pedestrians and bicyclists to hazards within a poorly designed parking lot and is not compatible with a service station use. 2. The proposed use may be detrimental to the health, safety and welfare of persons in that the combination of an assembly use and gasoline service station operations may expose persons to unnecessary hazards. On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Dovey AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None R 4816 the foregoing resolution was passed and adopted this 4th day of May , 1982. i Melanie C. Billig ATTEST: z V, at�, City Cler Pamela Voges APPROVED: Q,,7A A _,a Q 422�� /I City Administrative Officer City Attorney Inter' C nity Development Coordinator r i 4p 0011 COD RESOLUTION NO. 4815 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN LUIS OBISPO. WHEREAS., the State of California, through its,Department of Transportation has presented an Agreement for maintenance of the State Highways in the City of San Luis Obispo, effective as of and to remain in effect until amended or terminated;'and WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof; NOW, THEREFORE, be it resolved by the City Council of the City of San Luis Obispo that said Agreement for Maintenance of the State Highways in the City is hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of said City. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of May 1982. ATTEST: CITY CLERK PARELA OVGES C. R 4815 - 2 - Resolution.No. 4815 Re: Maintenance Agreement APPROVED: . Pto 4" . City Administrative Officer :ity Attorney Public Services Director 1982 Series �—� Ye �orr��ro j AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN LUIS OBISPO THIS AGREEMENT, made and executed in duplicate this 4th day of May , 19 82 , by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "the STATE" and the CITY of SAN LUIS OBISPO hereinafter referred to as "CITY ". W I T N E S S E T H: A. RECITALS: The Parties desire to provide for the CITY to perform particular maintenance functions on the State highway within the CITY as provided in Section 130 of the Streets and Highway code.. B. AGREEMENT: This Agreement shall supersede any.previous AGREEMENT for MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF SAN LUIS OBISPO and /or AMENDMENTS thereto with the CITY. In consideration of the mutual covenants and promises herein contained, it is agreed: The CITY will perform such maintenance work as is specifically delegated to it, on the State highway routes or portions hereof all as hereinafter described under Sections I and J hereof or as said sections may be subsequently modified with the-consent of the parties hereto acting by and through their authorized representative. C. MAINTENANCE DEFINED: Maintenance is defined in Section 27 of the Streets and Highways Code as follows: Sec. 27. "(a) The preservation and keeping of rights of way, and each type of roadway, structure, safety convenience . or device, planting, illumination equipment and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction, or other improve- ment. "(b) Operation of special safety conveniences and devices, and illuminating equipment. "(c) The special or emergency maintenance or_repa.ir necessitated by accidents or by storms or other weather conditions, slides, settlements or other unusual or unexpected damage to a roadway, structure or facility." D. DEGREE OF MAINTENANCE: The degree or extent of maintenance work to be performed and the standards therefore shall be in accordance with the provisions of Section 27 of the Streets and Highways,Code and the provisions of this Agreement as hereinafter specified or as may be prescribed from time to time by the District Director. "District Director ", as used herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative. A guide to the proper degree of maintenance in specific programs i.s set forth in the cur -rent edition of the State Maintenance Manual, a copy of which has been provided to the CITY. The level of service of maintenance in each of the programs delegated to the CITY has been considered in setting authorized total_ and route dollar amounts. The CITY may perform additional work if desired by the STATE but the STATE will not reimburse the CITY for any work in excess of authorized dollars. The District Director may authorize adjustments needed because of inflation or changes in program emphasis. E. LEGAL RELATIONS AND RESPONSIBILITIES: Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State Highways different from the standard of care imposed by law. It is understood and agreed that neither STATE, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority, or jurisdiction delegated to the CITY under this Agreement for Maintenance. It is also understood and agreed that, pursuant to Government Code Section 895.4 CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims suits or actions of every-name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement except as otherwise provided by Statute. The CITY waives any and all rights to any type of express and implied indemnity against the STATE, its officers or employees. It is the intent of the parties that the CITY will indemnify and hold harmless the STATE, its officers or employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the STATE. F. MAINTENANCE FUNCTIONS: Certain maintenance functions may be delegated to the CITY as indicated under Section J of this Agreement. The CITY shall not perform any of these maintenance functions unless specifically delegated under said Section J (DELEGATION OF MAINTENANCE). The various maintenance functions or duties are defined and described by the following programs. The numbers without prefix relate to the Maintenance Management System.(MMS) Program and the numbers with the prefix HM relate to Caltrans budgetary codes. *01 and *02 - FLEXIBLE AND RIGID ROAD MAINTENANCE PROGRAM HM =11 HM -12 This covers the maintenance required for the restoration and repair of both the surface and base within the roadbed area. Roadbed means all surface and subsurface structures of the traveled way, parking banks and shoulders. *03 = ROADSIDE MAINTENANCE PROGRAM HM -21 Roadside shall be described as that area between the roadbed and the outer highway right of way boundary line. Maintenance of roadside includes the cleaning of culverts, ditches, natural water channels and gutters, "restoring side slopes, removal of drifted material, drift prevention, erosion control work, and maintenance of walls, cribs or bank protection facilities, curbs and side- walks, and other roadside facilities. Maintenance work to be performed within the area designated as roadside maintenance shall include such sidewalk and curb inspection and action toward repair of sidewalks, curbs and other facilities as is necessary to keep them in a reasonably safe condition. Joint inspection should be on a biannual basis. The STATE, will not pay for maintenance of any sidewalks. The CITY shall follow the same policy and procedures generally followed by it.with respect to CITY streets in the matter of requiring sidewalk repairs and control of vegetation to be made by or at the expense of abutting owners who are under legal obligation to perform such work. It is agreed that reasonable diligence will be exercised by the CITY in performance of required sidewalk repair and control of vegetation as outlined in this portion of the agreement. t I *04 - ROADWAY LITTER AND DEBRIS PROGRAM HM-22 This program includes all work concerning roadbed and roadside cleanup operations to insure that the highway presents a neat, clean and attractive appearance. Sweeping and cleaning shall be dirt or litter normally coming onto of traffic or from natural causes. pay_ for picking up or disposing of or otherwise placed on the highway extent of sweeping and cleaning on be greater than customarily done on limited to the removal of the roadbed from the action STATE will not undertake nor rubbish or debris swept into from abutting property. The the State highways shall not comparable CITY streets. The sweeping activities covered in this program pertain to the sweeping of paved medians, curbed CITY street sections and curbed or rolled gutter types on other highways. *05 - VEGETATION CONTROL PROGRAM HM -23 Vegetation control refers to the maintenance treatment of all vegetative material growing native within the non - landscaped highway rights of way. Included is treatment by chemical means and cutting and trimming by hand and mechanical means. Vegetation includes brush control and tree trimming. Routine tree maintenance shall include care necessary to maintain trees in a healthy growing condition. Tree trimming shall be limited to the occasional removal of dead or low over- hanging limbs. Extensive tree reconditioning work, spraying or removal are not routine maintenance operations and will not be paid for unless such work is specifically authorized by the STATE. The above, when delegated to the CITY, shall not be construed as restricting, prohibiting or otherwise relieving the CITY of the responsibilities for inspection and upkeep of trees . in a manner that will insure maximum safety to both vehicular and pedestrian traffic. The STATE will not pay for maintenance of landscaping or trees which the CITY planted or which were planted under authorization of any encroachment permit and the CITY is responsible for maintenance. *06 - PAVEMENT DELINEATION PROGRAM HM -41 The pavement delineation program involves all work necessary to maintain distinctive roadway markings on the traveled way. This includes, but not limited to layout, removal, cleaning and /or replacement of existing delineation and roadway markings. All work shall conform to the Standards established by the STATE. Except for the red "No Parking" zones at the approach to and exit from intersections controlled by traffic signals, the STATE will not pay curb painting or parking lines as may otherwise be required for the regulation of parking.. The cost of maintaining pedestrian crosswalks at intersections shall be shared between the STATE and CITY in the same ratio as the number of intersecting roads or streets under jurisdiction of the respective agencies bears to the total number of intersecting CITY street, STATE highways and COUNTY roads within the particular intersections; for example, a 50 -50 basis will apply to the regular cross street intersection wherein a COUNTY road is not a factor (City only). State reserves the option to check at random all the pavement delineation program maintained by the CITY to assure conformance to the pavement delineation maintenance levels. Failure of the CITY to comply to the pavement delineation maintenance levels should be reason to terminate this agreement as specified under Section L, "Term of Agreement ". *07 - SIGN PROGRAM HM -42 The sign program includes all maintenance work performed on signs placed or to be placed, on STATE highways for the purpose of warning, or regulating traffic. The work consists of replace- ment of existing signs and the repair, cleaning and painting of .. these signs. Upgrading of existing signs or installation of new signs is not a part of this program. All signs shall conform to the specifications adopted by the STATE, or as otherwise specifically authorized by the STATE. Positioning of such signs shall conform to standards adopted by the STATE. Unless specifically authorized, the State will.not maintain or pay for maintenance of regulatory signs installed for the purpose of stopping vehicular traffic at pedestrian or school crossings nor the regulatory signs installed for the prohibition or the regulation of parking. *08 - ELECTRICAL PROGRAM - NOT DELEGATED HM -43 This program includes all state operation and maintenance work performed on highway electrical facilities used to control flashing beacons, traffic signals and traffic signal systems, and safety lighting. STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, lighting at intersections, which qualifies as safety lighting under warrants approved /accepted by the STATE, will be paid for when approved and specifically authorized by the District Director. Where such lighting has been specifically authorized at an inter- section, the maintenance and operating costs thereof shall be shared between the STATE and the CITY on a prorata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. The CITY will furnish service for or perform such maintenance work as specifically delegated to it in other sections of this agreement, and the STATE will furnish service for or perform the work not otherwise assigned to the CITY. It is agreed that monthly billings, applicable to the inter= section involved, shall be established-for the operation and main- tenance of the traffic signals and other electrically operated traffic control devices based on actual cost. Estimated monthly billings based on a cost per units shall apply for all other elec- trically operated devices. These billings shall include overhead and other indirect expenses incurred by the STATE in these specific operations. The cost of operating and maintaining traffic signals or other electrically operated traffic control devices now in place at the intersection of any STATE highway route and any CITY street identified in Exhibit "A" shall be shared between the STATE and the CITY on a.prorata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. The same principle of cost distri- bution shall apply to freeway interchanges. The participation ratio shall be based on the ratio of the number of legs of the respective agencies to the total number of .legs of the interchange. The percentage of costs to be borne by the STATE and CITY shall be shown on Exhibit "A ". The STATE will submit monthly bills for operation and routine maintenance as defined above. Bills shall be in accordance with that shown on Exhibit "A" and as subsequently modified in accor- dance with Section G. (GENERAL GUIDES) Extraordinary expense, such as for repair or replacement of extensive damage, shall be assessed directly against the particular installation involved. Billings for such costs shall be itemized as to materials, including service and expense, salaries and wages, and equipment rental. EXHIBIT "A" Effective ELECTRICAL FACILITIES OPERATION AND MAINTENANCE Billed and Maintained by the STATE Type of Cost Distribution Route Location Facility Units State City SIGNALS 001 Walnut Traffic Act. 001 Olive it 001 Murray it 001 Foothill It 001 Highland Dr. " 101 Madonna Rd. SB " 11 11 NB iJ 227 Orcutt " it South & " 1/2 Santa Barbara 1/2 " Buchon " " Pismo " " * *Marsh Fixed Time " * *Higuera " " * *Marsh & " Nipomo " * *Higuera & " Nipomo Marsh & Traffic Act. Higuera FLASHERS None 1 1/2 1/2 1 3/4 1/4 1 1/2 1/2 1 1/2 1/2 1 *3/4 1/4 1 1/4 3/4 1 1/2 1/2 1 2/3 1/3 1 1/2 1/2 1 �1/2 1/2 1 1/2 1/2 1 3/4 1/4 1 1/2 1/2 1 1/2 1/2 1 1/2 1/2 1 3/4 1/4 * See Interagency Agreement W /Cal Poly ** Maintained by City LIGHTS l �J Cost Distribution Units State Type of Route Location Facility 001 Walnut 250w HPS " Olive 400w MV " Murray 400w MV " Foothill 700w HPS " Highland 700w MV 101 Los Osos 400w MV 1/2 Road 1 0 It it 400w MV " Madonna 400w MV 1/2 Road 6 3/4 is " 400w MV " of 400w MV " Buena 400w MV 1/3 Vista Capitolio Way 70w HPS " " 400w MV 227 Orcutt Rd. 400w MV " South & 400w MV 1 Santa Barbara 1/3 " Marsh & 400w MV 2/3 Higuera If Humbert- Mitchell" LIGHTS l �J Cost Distribution Units State City 2 1/2 1/2 2 3/4 1/4 2 1/2 1/2. 4 1/2 1/2 4 * *3/4 1/4 2 1/2 1/2 1 2/3 1/3 4 1/4 3/4 3 0 1 2 1/2 1/2 1 0 1 1 1/3 2/3 3 2/3 1/3 4 1/2 1/2 6 3/4 1/4 ,**See Interagency Agreement w /Cal Poly UTILITY OWNED - BILLED BY THE CITY Type of Cost Distribution Route Location Facility Units State City 001 Santa Rosa & 200w HPS 1 1/2 1/2 Walnut 001 Osos & Walnut It 1 1/2 1/2 001 Osos & Olive 1 1 0 001 Montalban 1 1/2 1/2 001 Oak 1 1/2 1/2 001 Meinecke 1 2/3 1/3 001 Boysen 1 2/3 1/3 227 Capitolio Way 70w HPS 1 2/3 1/3 227 Rockview P1. 70w HPS 1 2/3 1/3 it Perkins It 1 2/3 1/3 if Lawrence is 1 2/3 1/3 If Humbert- Mitchell" 1 1/2 1/2 If Francis " 1 2/3 1/3 It Caudill It 1 1/2 1/2 UTILITY OWNED- BILLED BY THE CITY (Continued) Type of Cost Distribution Route Location Facility Units State City 227 Woodbridge 70w HPS 1 1/2 1/2 It Funston " 1 2/3 1/3 " Branch " 1 2/3 1/3 it Chorro 1 1/2 1/2 to High it 1 1/2 1/2 , " Upham of 1 1/2 1/2 " Church 100w HPS 1 1/2 1/2 to Leff it 1 1/2 1/2 to Islay it 1 1/2 1/2 " Buchon To 1 1/2 1/2 " Pismo if 1 1/2 1/2 " Pacific of 1 1/2 1/2 " Marsh 200w HPS 1 3/4 1/4 Higuera it 2 1/2 1/2 " Nipomo & 1 1/2 1/2 Higuera " Carmel & 1 2/3 1/3 Higuera It Nipomo & " 1 1/2 1/2 Marsh to Beach & Marsh " 1 1/2 1/2 to Carmel & Marsh " 1 1/2 1/2 *08 - ELECTRICAL PROGRAM - DELEGATED HM -43 This program includes all maintenance work performed on highway electrical facilities used to control flashing beacons, traffic signals and traffic signal systems, provide safety and sign lighting. STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, light- ing at intersections, which qualifies as safety lighting under warrants approved /accepted by the STATE, will be paid for when approved and specifically authorized by the District Director. Where such lighting has been specifically authorized at an intersection, the maintenance and operating costs thereof shall be shared between the STATE and the CITY on a pro -rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. The cost of maintaining and operating traffic signals or other electrically operated traffic control devices now in place or those which may hereafter be installed at the intersection of any STATE highway route and any CITY street /road shall be shared between the STATE and the CITY on a pro -rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs. The same principle of cost distribution shall apply to freeway interchanges. The Participation ratio shall be based on the ratio of the number of legs of the respective agencies to the total number of legs of the interchange. Timing of traffic signals shall be the responsibility of the STATE. Timing shall be determined after consultation with the local agency; however, the decision of the District Director of Transportation shall be final. Maintenance of the "designed" timing is the responsibility of the CITY. Timing records shall be kept in both the STATE and CITY maintenance and traffic branches. NOTE: Cost of electrical energy charges will be charged separately. EMERGENCY OPERATION OF TRAFFIC SIGNALS DURING EQUIPMENT FAILURE A written "Contingency Plan" for operation of traffic signals should be prepared for emergency operation of each signalized intersection. Copies of the plan shall be kept in the controller cabinet and in the Maintenance and Traffic Branches of STATE and CITY. a. The plan shall be prepared by the STATE with the concurrence of the CITY. b. The plan shall detail the method of restoring a malfunctioning traffic signal to service as follows: (1) Place the signals in the flashing mode of operation. (2) Replace defective units. (3) If direct replacement of defective units cannot be made immediately, place the signals under control of an emergency replacement controller. C. The operation shall be considered as the "primary emergency mode of operation at all intersections ". The plan shall specify the color each phase will display during flashing operation. Red /Yellow or all red may be used. d. The plan shall specify the timing of each interval of an emergency replacement controller. e.. The "Contingency Plan" for an at any time to meet changing procedure above. intersection may be changed conditions following the f. Documentation of the engineering reasons for selecting a particular plan for a specific location shall be kept on file in the STATE and CITY Branches. The goal shall be to provide the safest emergency mode of operation. The same plan may be applicable for a large number of inter- sections. Every effort shall be made to restore the-operation of the intersection to normal operation as soon as possible. STANDARDS FOR DELEGATED ELECTRICAL MAINTENANCE The level of maintenance work to be performed on highway electrical facilities is listed below. These levels become the "Degree of Maintenance" specified or prescribed under Section D of this Agreement. Damaged or malfunctioning electrical installations which seriously affect public safety or capital investment should be promptly repaired or temporary corrections made until permanent repairs can be scheduled. Repair of inoperative or damaged electrical installations which do not seriously affect public safety should be coordinated with routine maintenance operations. A routine surveillance of electrical facilities shall be made in an effort to observe and correct potential deficiencies before serious problems develop., To insure a minimum standard of operation, highway lighting, sign illumination, and flashing beacons shall be routinely inspected during hours of darkness, Important illuminated signs, require prompt attention on notification of a blackout or extensive burnout. Signals A detailed check for proper operation, including inspection and necessary replacement of auxiliary equipment such as relays, contactors, etc., shall be made at intervals of approximately 30 (thirty) days. Fixed -time electro- mechanical controllers shall be overhauled approximately once a year. Traffic- actuated, electro- mechanical controller units shall be overhauled in the shop approximately once every year. Traffic signal lamps shall be group replaced on a planned schedule based on rated lamp life. All signal maintenance inspections or repairs shall be logged and records maintained in the control cabinet. Signal standards and control cabinets shall be maintained in a presentable manner-. Flashing Beacons Flashing beacons shall be routinely inspected for proper operation approximately once every 6 (six) months. Electro - mechanical flasher mechanisms shall be removed, cleaned and adjusted and excessively worn parts replaced, approximately once a year. Flashing beacons shall be relamped on the same schedule as outlined above for traffic signal lamps. Highway Lighting and Sign Illumination Luminaires and fixtures for illuminated signs shall be inspected and cleaned in conjunction with scheduled relamping; more frequent cleaning should be performed when required. Lamps shall be replaced on a planned schedule based on the rated life of the lamps currently in use. The State reserves the option to check at random all traffic signals maintained by the CITY on STATE highways to assure con- formance to the electrical maintenance levels. Failure of the CITY to comply to the electrical maintenance levels would be reason to terminate this Agreement as specified under Section L, "Term of Agreement ". J Re- delegation of traffic signal maintenance to third parties shall be done only upon specific written approval of the District Director of Transportation. Such re- delegated work shall be per- formed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces. If the District Director of Transportation determines the third party is failing to comply with the specified .levels, the CITY shall, within 30 days of notice, terminate the third party agreement and resume maintenance by CITY forces or terminate this agreement as specified under Section L, "Term of Agreement ". *09 - TRAFFIC SAFETY DEVICES PROGRAM HM -44 Work performed under this program includes replacement of guide posts or markers; and the repair, replacement, cleaning and /or painting of guard rails. Also included are the repair of median barrier cable, chain link fence, and portland cement con- crete walls; the repair and maintenance of energy dissipators such as water type bumpers, sand traps or other devices installed for the purpose of absorbing vehicle energy. Energy dissipators (crash cushions) must be repaired within 48 hours after being hit. The CITY shall maintain sufficient inventory of the necessary parts approved by the STATE needed to accomplish the repairs within this time limit. Sand, used to fill certain types of energy dissipators, shall meet STATE require ments. *12 - LANDSCAPE PROGRAM HM -25 This program refers to the treatment, maintenance and replace- ment of all vegetative material planted within the landscaped STATE highway right of way. Work includes watering, pruning, fertilizing, plant replacement, weed control by hand and mechanical means, tree trimming and /or removal, chipping and miscellaneous work such as pest control and inhibitor spray. Repairs to the electric portion of automatic controls is covered in this 12- Land - scape Program. NOTE: There are several activities that are duplicated in the 05 Vegetation Control Program; for this reason, care should be exercised when reporting, that the proper program is cited. The STATE will only pay for the maintenance of landscaped areas, ornamental plantings of trees installed by the STATE at STATE expense or other areas specifically designated by the District Director. *13 - BRIDGE AND PUMP MAINTENANCE PROGRAM HM -31 The Bridge and Pump Maintenance Program includes work performed on all structures which provide for passage of highway traffic over, through or under obstacles and /or qualify for bridge number as assigned by the State Office of Structures. Work under this program consists of structure repair, maintenance, painting and cleaning, electro- mechanical equipment and sump pump maintenance, repair or cleaning, and navigational light repair. Storm inspection of sump pumps is also included in this program. Bridges, as defined above, will be investigated by a repre- sentative of the State's bridge engineering staff once each year and more often, if considered necessary, In addition to such annual investigation, routine maintenance to be performed under pr-ovisions of the Agreement shall include monthly inspection of each bridge by qualified personnel and immediate repair of the minor defects when the cost does not exceed $500. The District Director shall be immediately notified of major defects as are hereinafter defined. Bridge repair work costing in excess of $500 on a single structure shall be considered as being a major repair project. Except in the case of emergency, such major repair projects shall conform to the.methods and procedure to be recommended by the STATE. Major bridge repair is not a routine maintenance operation and will require specific authorization. *15 - PERMITS HM -47 This section provides for the processing and enforcement of transportation permits by the CITY and preliminary engineering, processing and inspection of encroachment permits by the CITY where authorized to perform this work. ENCROACHMENT PERMITS When authority to issue Encroachment Permits is delegated to the CITY by the District the authority shall pertain to all parts of the highway throughout the particular length of streets indicated under. Sections I and J of this Agreement. Permits shall be issued on a form.provided by the STATE and the CITY will furnish a copy of all permits to the STATE. The CITY agrees that all permits issued by CITIES shall be made out in conformance with STATE - authorized encroachment policies and standards. STATE standards of design are to be used, except in. cases where CITY standards, covered by ordinance, are more restrictive than STATE requirements, in which case CITY standards of design will be honored. All STATE policy questions should be referred to the Caltrans District Permit Engineer. Routine minor permits shall be handled by the CITY without STATE prior approval. Routine minor permits consist of: awnings, marquees, canopies, advertising signs, residence driveways, roof drains, concrete sidewalks, temporary construction safety fences, installation or repair of utility service connections behind curb line and maintenance of existing pipeline within STATE right of way area. Except for exempt permits (those that are not subject to payment of fees), the CITY is expected to collect sufficient fees from the permittee to cover its cost of permit.issuance; and no cost shall be billed to.nor borne by the STATE. . No major encroachment permit shall be issued by the CITY unless prior approval by the Caltrans District Permit Engineer is obtained for the permit. Excluding exempt permits Caltrans will bill the CITY for such review and any subsequent inspection deemed necessary by Caltrans. Caltrans' billing will be in accordance with the Caltrans fee schedule. .Excluding exempt permits, the CITY is expected to collect sufficient fees from the permittee to cover Caltrans' bill and any other costs incurred by the CITY. No costs for CITY administration, review or inspection shall be billed to nor borne by the STATE. Major encroachments include, but are not limited to all other work not included under routine permits such as: 1. Banners - Special Non - profit Events. 2.. Bus Stops. 3. Christmas Decorations within Right of Way. 4. Commercial Driveways. 5. Curb and Gutter. 6. Curb Zones - Parking Restrictions. 7. Drainage from Private Property, other than Roof Drains. 8. Drainage Structure Extensions, Replacements, etc. 9. Electrolysis Test Stations or Anode Beds. 10. Fences. 11. Flashing Signs. 12. Landscaping - Planting, Maintenance, Removal. 13. Median openings. 14. Memorial Markers - Historical and Recreational sites. 15. Motion Picture Photography within Highway Right of Way. 16. Parades and Public Gatherings on Highway Right of Way. J 17. School Signs, Safety Devices, and Crossings. 18. Seismograph Work within Right of Way. 19. Street Connections. 20. Striping - Lanes, X- walks, Detours. 21. Traffic Signals Flashing Beacons and Street Lighting - Installation, modification. 22. Utility and other Substructures - except service connections back of curb. 23. Utility Poles, Anchors, and Aerial Cable. 24. Work in existing manholes requiring closure of traffic lanes. Authority to issue encroachment permits for the following items is not delegated to the CITY and the request for an encroachment permit shall be submitted to the Caltrans District. Permit Engineer. 1. Any Work within limits of State Highway Contract. 2. Cooperative. Agreement Projects. 3. County Flood Control Projects. 4. Prehistoric Artifacts - Excavation, Salvage, etc. 5. Property on the National Register, State or local inventory. 6. Railroad Grade Xings - Repairs, Construction. 7. Any encroachment requiring additional or revised easements or other Right of Way documents. Qualified CITY personnel shall be assigned for the review, construction and final acceptance of both MINOR and MAJOR encroachment permits issued by the CITY. The STATE will perform cursory inspection of all CITY written STATE highway permits and the STATE assigned field engineer shall be notified as required under the terms of all major encroachment permits. The CITY will furnish a copy of all permits issued on State highways to Caltrans immediately upon issuance. Failure to do so may result in loss of permit- writing authority. In addition, the CITY will set up a file for permits issued on State highways that Caltrans can monitor on a periodic basis. J Upon satisfactory completion of the work authorized under any CITY administered State Highway Permit, the CITY must send a completion notice to the STATE including As -Built Plans. Where there is a discrepancy between the permit plans and the as -built plans and where the encroachment is an underground utility it is of particular importance to have this information to plot on the State's Utility Maps. TRANSPORTATION PERMITS Transportation permits will be required and their loads which exceed the limitations Division 15 of the California Vehicle Code. to issue Transportation Permits is delegated authority shall pertain only to travel that terminates within their corporate limits and to through haul transportation. for all vehicles specified under Where authority to the CITY such Driginates and it shall not apply In issuing such permits, the CITY shall follow the policies and regulations established by the STATE for the issuance of transportation permits as set forth in the State's Maintenance Manual in effect at the time such permits are issued, including specifically, limitations upon the crossing of structures. All STATE policy questions should be referred to the Caltrans District Permit Engineer. *16 - OPERATIONS PROGRAM HM -46 This program includes electrical energy required.to energize overhead lights, signals and other electrical facilities. G. GENERAL GUIDES: Maintenance of warning and regulatory signs, traffic control devices, and highway lighting facilities as hereinbefore referred shall include upkeep and repair of the supports, as well as such other items which are an integral part of the installation. Those facilities as defined under programs 06, 07, 08 and 09 above, which are installed subsequent to the execution of this Agreement, shall become subject to the terms and conditions of this Agreement upon notice to the CITY,from the STATE of the completion of any such installation. H. EXPENDITURE AUTHORIZATION: The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by CITY as delegated under Section J of this Agreement, but it is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown on Section I of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for. A new "ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES" sheet (Section I) will be provided annually by the STATE for the ensuing fiscal year if necessary to insure equitable annual cost. The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed between routes, or additional expenditures for specific projects costing $5,000 or less may be made when.such adjustment of ex- penditures for routine maintenance or such specific work is authorized in writing by the District Director- or his authorized representative. Expenditures for specific projects costing in excess of the above amount may be made when such specific work is authorized in writing by the District Director with prior approval from the Chief, Office of Highway Maintenance at Headquarters. Additional expenditures or adjustment of ex- penditures thus authorized shall apply during the - fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as hereinafter specified. An adjustment of the said maximum ex- penditure, either increase or decrease, shall not affect other terms of the Agreement. I. ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES ANNUAL MAXIMUM ROUTE LENGTH EXPENDITURE NO. MILES DESCRIPTION OF ROUTING AUTHORIZED 001 1.22 Santa Rosa Street from Walnut $5,400.00 Street to the north city limit at PM 17.73, approximately 0.96 mile. Also - Walnut Street from Santa Rosa Street to Osos Street, approxi- mately 0.09 mile; Olive Street from Santa Rosa Street to Osos Street, approximately 0.09 mile; and Osos Street from Walnut Street to freeway ramps and from Olive Street to freeway ramps, approxi- mately 0.08 mile. A total length of approximately 1.22 miles. 101 6.86 Freeway from south city limit at -0- Post Mile 25.00 to north city limit near Cuesta Park, Post Mile 31.86, a total length of approxi- mately 6.86 miles. 227 2.68 South Broad Street from city 12,000.00 limits, Post Mile 11.56 to Higuera Street, Post Mile 13.44, approximately 1.89 miles. Also - Higuera Street westbound from Broad Street to the intersection of Marsh Street and Higuera Street, approximately 0.41 mile. Also - Marsh Street eastbound from the intersection of Higuera Street and Marsh Street to Broad Street, approximately 0.38 mile. A total length of approximately 2.68 miles. TOTAL AUTHORIZED EXPEND. $17,400.00 �J J. DELEGATION OF MAINTENANCE The specific maintenance activity indicated below is hereby delegated to the CITY. This delegation of maintenance activity set forth herein does not include areas and functions of which the control and maintenance rest with the local authority under the terms of Freeway Agreements and /or Freeway Maintenance Agree- ments. Caltrans Budgeting Codes (HM) Maintenance Management Program No. (01 -ETC.) Maintenance ROUTE NO. ROUTE NO. ROUTE NO. Function 001 .101 227 1.22 Miles 6.86 Miles 2.68 Milg HM -11 - - 01 & 02 Flex. be cleaned -0- curb & Rigid Rd. Maint. Prg. Activity: street to X -specific HM -21 - 03 Roadside Mainte- miles_. nance Specific Activity: X (4) (4) X (4) HM -22 - 04 Roadside Litter & and Debris Specific Activity: X (1) (2) X (3) HM -.23 - 05 Vegetation Control Activity: -Specific HM -41 - 06 Pavement Delineation - Specific Activity: X HM -42 - 07 Signs Specific Activity: HM -43 - 08 Electrical Activity: Refer Exhibit A X - X .Specific HM -44 - 09 Traffic Safety Devices Specific Activity: HM -25 - 12 Landscaping Activity: -Specific HM -31 - 13 Bridges & Pump Maint. Specific Activity: X HM -47 - 15 Permits -Specific Activity: X HM -46 - 16 Electrical Energy ' S ecific Activity: Refer Exhibit A X_ X Footnotes: (1) Length of street-to be cleaned 4 curb miles. (2) Length of street to be cleaned -0- curb miles. (3) Length of street to be cleaned 5.76 curb miles_. (4) CITY will maintain sidewalks and shall be responsible for any costs therein. K. SUBMISSION OF BILLS: The CITY shall submit bills monthly. Bills must be submitted promptly following close of corresponding billing period and should be coded according to the Caltrans program or Budgetary Code as outlined in this Agreement. Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost. The CITY will be allowed to recover overhead and administrative costs only to the extent that such charges include applicable expenses incurred by the CITY in the execution of the work. Said factors and method shall be subject to approval by the STATE. Maintenance services provided by contract or on a unit -rate basis with overhead costs included shall not have these above.mentioned charges added again. An actual handling charge for processing this type of bill will be allowed the CITY. Bills submitted to the CITY for work performed by this Agreement will also include . overhead and administrative costs in accordance with the State Administrative Manual. Emergency and storm repairs performed by the CITY would be paid for only with prior approval of the State's Highway Super- intendent of that specific area. In addition the CITY should immediately notify the State's Highway Superintendent for the area of any storm damage or other emergency condition affecting the STATE highway. The CITY shall maintain, on a generally accepted accounting basis complete, and accurate records that support all billings. These records shall be made available to STATE representatives for review during normal business hours for a period of three (3) years after payment of said billings. L. TERM OF AGREEMENT: This Agreement shall become effective and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto. This Agreement may also be terminated by either party upon thirty days notice to the other party. l IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Approved as to form and procedure: . 44 � City Attofney By /CITY OF SAN LUIS OBISPO By `,'�^ i May elanie ail ig C'ty Clerk Pam-1,T- Voges STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ADRIANA GIANTURCO Director of Transportation By District Director follows: RESOLUTION NO. 4814 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 608, CUESTA HIGHLANDS III. BE IT RESOLVED by the Council of the City of San Luis Obispo, as SECTION 1. That the public improvements for Tract 608 are hereby accepted for maintenance by the City of San Luis Obispo.' SECTION 2'. The Council authorizes release of the subdivision bonds J. on file and accepts a maintenance bond in .the amount of $37;500.00 to guarantee the improvements for one (1) year. SECTION 3. The Council accepts an assignment of Northern California Savings and Loan Association Savings Account No. 3- 239242 -5 from Cuesta Associates in the amount of twenty -two thousand dollars ($22,000.00) to guarantee fencing and landscaping required per Tract No. 608 (Condition A) as specified in item 3 of the attached letter and incorporated herein, from Gerald W. Kenny to Cuesta Associates, dated April 9, 1982. On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin.and Ma y Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th. day of May_ , 1982. R 4814 r� Resolution No. 4814 (1982 Series) ATTEST: City C I erk Pamela Vog APPROVED: Cit Administrative Off'cer City Attorney Public Services Directo r April 9, 1982 `T- 60F I B -P(3 PUBLIC SERVICES DEPARTMENT Pr7a Othce Box 321 • San Luis Obispo. CA 93406 -0321 • 8051541-1000 Cuesta Associates Attn: Mr. Robert R. Baker P. 0. Box 419 Arroyo Grande, CA 93420 SUBJECT: Final Acceptance of Tract 603 and Tract 608 . Public Improvements Dear Bob: In reply refer to: 180: G1dK This letter is to inform you of the requirements to be met prior to acceptance of the public improvements and release of the bonds for the subject tracts. TRACT 603 1. The construction inspector must transmit a statement that the improvements have been satisfactorily installed in accordance with the plans and specifications. Community Development Department will concur with our department the recommendation to the City Council that the improvements be accepted and authorize release of the bonds subject to completion of the fence within Tract 603. 2. In accordance with the subdivision agreement, 10% of the performance bond amount must be retained for one (1) year after acceptance of the improvements. This is normally done by submittal of a separate "maintenance" bond. The maintenance bond must be in the amount of $42,840.00. TRACT 608 1 Same as Item 1 above for Tract 603. 2. Same as Item 2 a',ove for Tract 608. Submittal of a maintenance bond must be in the amount of $37,500.00. The Cite Council agreed.to allow you to postpone the fencing and landscaping improvements required per Condition 4 of tlue resolution approving the Tentative Tract subject to submittal of a cash deposit. The amount of this deposit has been set at $22,000.00. An agreement which specifies the improvements shall be installed within two (2) years from the dale of the agreement, or, when the first-building permit on any of the lots requiring said fencing and landscaping is issued whichever is first. The cash deposit could be in the form of a "set- aside no-count" which allows the city to utilize the funds should the developer fail to complete the improvements specified in Cuesta AssocLatcs 1.80:(;WK April 9, 1932 Page Two the agreement. I will prepare and transmit this agreement to you within the next several days. The ahovementioned items must be completed and submitted by April 21, 1982 in order to be considered.on the May 4, 1982 City Council Agenda. If you have any questions regarding this matter,*please contact me. Sincerely, Wayne A. Peterson City Engineer Gerald W. Kdnny Supervising Civil Engineer C.C. George Thacher - City Attorney Tom Gingg - Engineering Dept. Ken Bruce - Planning Dept. David F. Romero- Public Services Director Tract 603 and 608 Files GWK:jlw Attachments - Memos to Tom Gingg from Ray Pitt dated 3/15/82 - Checklist eca� lee- RESOLUTION NO. 4813 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 603, CUESTA HIGHLANDS II. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the public improvements for Tract 603 are hereby accepted for maintenance by the City of San Luis Obispo. SECTION 2. The Council authorizes release of the "set -aside letter" on file and accepts a maintenance bond in the amount of $42,840.00 to guarantee the improvements for one (1) year. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Griffin AYES: Councilmembers.:Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of 1982. Y A Al k 0 MAY 6R 17 F, C. ILLIG . ATTEST: I /�Z" 1 CITY ERK PAMELA VOOES R 4813 Imo. Resolution No. 48131(1982 Series) APPROVED: Q Q �' Zity'ldministrative Of icer City Attorney Public Services Director 6(%/ Cc 1) Q EkKy K�� y RESOLUTION 110.4812 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONSIDERING THE SAN LUIS OBSIPO COUNTY :.ARTS PLAN WHEREAS, the California State Legislature and the California Arts Council established the State /Local Partnership to encourage local arts and cultural planning and decision - making; and WHEREAS, the Board of Supervisors of San Luis Obispo County has designated the San Luis Obispo Arts Council to direct and implement the State /Local Partnership Program - sponsored plan development for San Luis Obispo County; and WHEREAS, the San Luis Obispo Arts Council has completed Phase I of a County Arts Plan; and WHEREAS, the City Council of San Luis Obispo has reviewed the Phase I plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo has reviewed Phase I of the Arts Plan as prepared by the San Luis Obispo County Arts Council and finds that it fulfills the requirements of Phase I of the County Arts Plan. On motion of Councilwoman Dovey , seconded by Mayor Billig 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 4th day of May, 1982. ATTEST: Ci4 Clerk Pamela oges R 4812 Resolution No. .4812,`982 Series) `, Page 2 APPROVED: 0, 4�;n City Administrative Officer City Attorney AlYff-COUY7CI I 0 O 1 RESOLUTION NO. 4811 (1982 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CHIEF OF POLICE TO DESTROY CERTAIN PERSONNEL FILES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Chief of Police hereby is authorized to destroy the per- sonnel records of those sworn and non -sworn former employees listed on , Exhibit "A" (2 pages), attached hereto and incorporated herein by this reference. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin. AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this _4th__ day of May , 1982. ATTEST: (/ L CITY ERR PAMELA VOG CONSENTED TO AND APPROVED: City Attorney APPROVED: City Administrative Officer' R 4811 =nt;=i List of Former PoV" -k" Officers whose Personnel Filer �e Intend to Destroy Name 1. Wells, Fred 2. Costello, Patrick 3. Matthews, Alan 4. Kalicicki, Robert 5. Morrissey, Winston 6. Dickson, Randolph 7. Waite, Rolland 8. Anderson, William 9. Farris, James 10. Carmack, Noel 11. Sperlo, William 12. McKernon, Ronald 13. Lawless, Philip 14. Reitz, Richard 15'. Braiwi ck, Steven 16. Jayne, Ward 17. Quinn, Stephen 18. Simmons, Preston 19. Taylor, Davis 20. Rocha, Frank 21. Morse, Ted 22. Musgrave, Duane 23. Weishaar, Robert 24. Olive, Douglas 25. Youngblood, Gary 26. Roth, Curtis 27. Schofield, William 28. Norton, James 29. Schacht, Richard 30. Rasmussen, Robert 31. Snodgrass, Forrest 32. Short, Kennith 33. Nobriga, Edwin 34. Storton, Timothy . 35. Ryan, Wilford 36. Vaden, Raymond 37. Rayburn, Richard 38. Scheid, Harry 39. Prescott, Grady 40. Samuels, Don 41. Reeves, William 42. Radaus, Joseph 43. Owens, Daniel 44. Roberts, David 45. Sumner, William 46. Silva,.Joe Date of Hire 10 -16 -71 12 -31 -74 01.16 -73 10 -16 -63 10 -14 -63 04 -16 -74 05 -07 -54 04 -01 -64 07 -22 -63 07 -01 -66 07 -16 -56 08 -16 -64 12 -16 -67 04- 16 -70. 10 -01 -72 05 -01 -64 07 -16 -68 10 -01 -67 12 -16 -67 05 -01 -64 02 -01 -60 11 -16 -64 08 -01 -66 12 -01 -60 06 -01 -64 04 -01 -64 02 -01 -56 08 -16 -59 07 -01 -56 12 -16 -61 07 -01 -61 08 -16.58 12 -01 -60 07 -01 -59 08 -16 -50 01 -07 -54 05 -07 -55 12 -16 -59 05 -01 -57 08 -01 -58 04 -30 -49 03 -01 -57 07 -19 -52 10 -01 -56 09 -19-52 02 -23 -52 Date of.Termination 12 -08 -76 10 -31 -76 10 -15 -76 12- 19 -75. 11 -13 -75 10 -10 -75 11 -08 -74 05- 06 -74. 03 -23 -74 08 -31 -73 07 -31=73 06 -30 -73 06 -03 -73 05 -15 -73 03 -01 -73 11 -21 -72 08 -31 -71 08 -06 -71 06 -15 -70 01 -06 -70 09 -16 -68 03 -31 -68 01 -25 -68 02 -26 -67 07 -24 -66 07 -06 -66 03 -07 -66 11 -05x65 07 -16.65 11 -12 -64 10 -05 -63 09- 15 -63'' 07- 16 -62: 12 -31 -61 09- 07 -61.. 09- 05 =61" 04 -23 -61 1T -01 =60 09- 30 -'60 01 -07 -60 05- 29 -59,. 04 -30 -57 12- 31 =56. 12- 31-56; 09- 15,56 04 -15 -56 d X 4. J.0 b Former Employees other than Police Officers whose Personnel Files We�Intend to Destroy Name Date of Hire Date of Termination 1. O'Neal, Marsha 07 -01 -73 12 -31 -76 2. Wilkinson, Janet 01 -27 -75 12 -15 -76 3. Orth, Mary 07 -01 -73 11 -30 -76 4. Jordan, Margie 05 -18 -55 04 -30 -76 S. Hall, Judith 08 -16 -68 03 -24 -76 6. Ripa, Sherri 09.16 -74 01 -31 -75 7. Ray, Susan 07 -01 -66 01 -2645 8. Healy, Linda 08 -01 -68 09 -20 -74 9. Johns, Johnny 09 -16 -69 06 -30 -74 10. Sigsby, Ava. 05- 01 -71. 06 -09 -73 11. Floyd, Ruth 10 -16 -68 04 -01 -72 12. Yates, Sandra 07 -01 -67 03 -26 -71 13. Robinson, Bette 05 -01 -71 05 -09 -71 14. Patton, Beverly 06 -26 -68 09 -20 -69 15. Sohn, Diane 01 -16 -65 04 -01 -66 16. Seifert, Annette 04 -01 -63 12 -16 -64 17. Thomas-, Virginia 07 -10 -63 03 -15 -64 .18. Stephens, Wanda 05 -01 -62 08 -15 -63 19. Wray, Phyllis 08=01 -60 02 -15 -63 20. Schacht, Daisy 08 -18 -60 06 -09.61 21. Olson, Reita 06 -22 -59 12 -15 -59 22. O1son,.June 09 -10 -56 03 -10 -57 23. Vance, Genevieve 04 -11 -55 09 -01 -56 24. Warner, Me]vilen 05 -01 -62 Unknown (prior to five year period of time) 1 Co X- L�` Ql /CC'J .J :. �/� � ' : - -.1 �; s. _. RESOLUTION NO. 4810 (1982 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF-SAN LUIS OBISPO CALLING ON THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO JOIN IN A TEMPORARY SUSPENSION OF NUCLEAR WEAPONS PRODUCTION, WHILE SEEKING A PERMANENT, INTERNATIONAL NUCLEAR WEAPONS BAN. WHEREAS, as elected officials, we are alarmed by an international political climate that increasingly presents nuclear war as a "rational" possibility; and WHEREAS, present medical and scientific evidence shows that nuclear war, even a "limited" one, would result in death, injury, and disease on a scale unprecedented in human history; and WHEREAS, the economic, ecological and social fabric on which human life depends could be destroyed in American cities; and WHEREAS, the present costs of preparation for nuclear war are so draining the national resources that local officials are unable to provide adequately for the general welfare, the very function we were elected to perform; NOW;:THEREFORE, BE IT RESOLVED THAT WE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, call on the President and the Congress of the United States to act immediately to reduce tensions between the United States and the Soviet Union; and to ask the Soviet Union to join in a temporary suspension of nuclear weapons production, while seeking a permanent, international nuclear weapons ban. We make these pleas.from a sense of crisis and call upon our President and Congress to act with an equal sense of urgency. R 4810 IF �I Resolution No. 4810 (1982 Series) 1 On motion of Councilwoman Dovey, seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Settle and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 20th day of April,1982. ATTEST: City oAerk Pamela ges Approved: JaAd 6- City Administrative Offidei At/JL41C-X�- City Attorney �i /-� �C�ri�'J �chel�s RESOLUTION NO. 4809 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBI_SPO AWARDING THE CONTRACT FOR VEHICLE OPERATIONS ON SAN LUIS OBISPO MUNICIPAL TRANSIT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To award the contract for vehicle operations on San J Luis Obispo Municipal Transit (a copy of which is attached and incorporated by reference) to Cal Coast Charter, Inc. SECTION 2. To authorize the Mayor to execute the contract.. On motion of Councilman Griffin -seconded-by :Councilwoman Dovey and on the following roll call vote: AYES: Councilmambers Griffin, Dovey, Settle and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 20thday of April ' , 1982. MA 0 :MELANIE C. BILLIG ATTEST: - ; CITY PtERK PAMEIA V S Cit Attorney Pu lic Se ices Director R 4809 r RESOLUTION NO. 48080982 Series) J A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 82 -31 LOCATED AT 951 HIGUERA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: - SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 82 -31 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 C -C zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 subdivision. 5. The proposed parcel map is categorically exempt from environmental requirements. On motion of Councilman Settle , seconded by Councilman Griffin, and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin R 4808 Resolution No.¢808(1982 Series) Minor Subdivision 82 -31 Page 2 ,f the foregoing resolution was passed and adopted this 20th day of Apra , 1982. ATTEST: /Z.. City lerk Pam la Y es APPROVED (Pw,A.e a 5 � Administrative Office City Attorney ` Interi& Cdpfmunity Development Director C�l� , v , �� RESOLUTION NO. 4807 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 82 -37 LOCATED AT 3001 BROAD STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 82 -37 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 C -S -S zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 subdivision.. 5. The proposed parcel map is categorically exempt from environmental requirements. SECTION 2. Condition. That the approval of the tentative map for Minor Subdivision 82 -37 be subject to the following condition: 1. Final map shall show drainage easement along south property line for adjacent lot to the approval of the City Engineer. R 4807 Resolution No. 4807 (1982 Series) Minor Subdivision 82 -37 Page 2 On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey., Griffin and MAyor Billig NOES: None ABSENT: Councilman Dunin the foregoing resolution was passed and adopted this 20th day of April , 1982. ATTEST: City Clerk Pamela ges APPROVED o-� Q s Administrative Offic r City Attorney Interi C4j unity Development Coordinator UD I RESOLUTION NO. 4806 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1034 (LELAND TERRACE) LOCATED AT 2200 FLORENCE AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract 1034 and the Planning Commission's recommendations; staff recommendations and reports thereon, makes the following findings: 1.' The tentative map is consistent with the general plan and Terrace Hill Planned Development. 2. The design and improvements of the proposed subdivision are consistent with the general plan and Terrace Hill Planned Development project. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The previous project EIR certified for PD 0644 (Terrace Hill Planned Development project) is found acceptable for this project. SECTION 2. Conditions. That the approval of the tentative map for Tract 1034 be subject to the following conditions: 1. Subdivider shall grant public utilities easements adjacent to private streets and driveways and over the entirety of common areas to the approval of the utility companies and the City Engineer. 2. Easements for public sewer and water lines shall be granted to the city, to the approval of the City Engineer. R 4806 h Resolution No. 4806 (1982 Series) Tract 1034 (Leland Terrace) Page 2 3. Water and sewer mains shall be sized to the approval of the City Engineer. 4. A note shall be placed on the final map indicating that purchasers of units above the water service limit as determined by the City Engineer, shall be required to sign an agreement pursuant to California Administrative Code Title 22, acknowledging that water pressures would be less than 20 pounds per square inch under certain circumstances. 5. Subdivider shall install pressure booster pumps for units above the water service limit, as determined by the City Engineer, to the satisfaction of the City Engineer. 6. Subdivider shall install "no parking" signs and red curbing along private streets as required by the City Fire Department and City Engineer. 7. Subdivider shall install traffic control and street signs as required by the City Engineer. 8. The private streets shall be designed with a traffic index = 4.0. 9. Street and driveway grades and alignments shall be subject to modifications to the approval of the City Engineer. 10. Drainage improvements approved as a part of the precise development plan for Leland Terrace protion of PD 0644 shall be installed to the satisfaction of the City Engineer. 11. An "engineered grading plan" shall be required for all grading and site improvements. 12. All on -site drainage structures shall be owned and maintained by homeowners association, except culvert between Florence and Bushnell Streets. Easements shall be granted for said culvert to the approval of the City Engineer. 13. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: A. A homeowner's association to enforce the CC &R's and provide for professional perpetual maintenance of all common areas including landscaping, private streets and driveways, street signs, private utilities, drainage facilties, lighting, walls, fences, etc., in first class conditions; homeowners association shall maintain common lot. Resolution No. 4806 (1982 Series) Tract 1034 (Leland Terrace) Page 3 B. Grant to the City of San Luis Obispo the right to maintain common area if the Homeowner's Association fails to perform and assess the Homeowner's Association for expenses in and the right of the city to inspect the site at mutually agreed times to assure conditions of CC&R's and final map are being met. C. No parking on the site except in approved designated spaces.. D. Grant to the City of San Luis Obispo the right to order vehicles to be towed away on a complaint basis, which are parking in unauthorized places. E. No outside storage of boats, campers, motorhomes, and trailers, nor long —term storage of inoperable vehicles. F. No outside storage by individual units except in designated storage areas. G. No change in city— required provisions of CC&R's without prior City Council approval. H. Homeowner's Association shall file with the City Clerk the names and addresses of all officers of the Homeowner's Association within 15 days of any change in membership of the Homeowner's Association. Said change shall be filed with the City Clerk. 14. Unit driveways and private streets shall have street numbers per addressing plan as Exhibit A. Subdivider shall install directory signs at project entrances, to the approval of the Community Development Director. Street names as shown on the map are approved. 15. Final map shall not be approved until the final map for Tract No. 758 is approved and recorded. 16. Subdivider shall comply with all approved precise development plan conditions and "requirements of the Architectural Review Commission prior to city acceptance of the tract. 17. A note shall be placed on the final map that units constructed in this tract will be required to have Class A fire retardant roofs as specified in the Uniform Building Code by the authority of Uniform Fire Code Section 10.301(b). 18. A note shall be placed on the final map that all garages in the tract shall be equipped with automatic garage door openers. 19. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the General Plan Noise Element. �l Resolution No. =:4806 (1982 Series) Tract 1034 (Leland Terrace) Page 4 On motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing resolution was passed and adopted this 20th day of April , 1982. ATTEST: CiV Clerk Pamela oges APPROVED e",P- a —f" Administrative Officer City Attorney Interim ity Development Coordinator k z � 5% EXHII TxfiCT A DDRf'S5 //YG IIT Q /03¢ ,►m 0 1 { f �� � �� � P �,�,`� ��� RESOLUTION NO. 4805. (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE 19.81/82 OPERATING BUDGET BE IT RESOLVED by the Council of the City of. San Luis Obispo as follows: SECTION 1. That the 1981/83 Operating Budget be amended as detailed in Exhibit A entitled "1981 -82 Budget Review - Appropriation Adjustments ". On motion of Councilman_ Griffin seconded by Councilman-Settle , and on the following roll call vote: AYES: Councilmember§ Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 20th day of April 1982. ATTEST: ants CITY CLERK PAMELA V GES APP VED: 70-A a s City Administrnative.'Officler City At y Finan it or w R 4805 n 1981 -82 BUDGET REVIEW APPROPRIATION ADJUSTMENTS CURRENT REVISED ADJUSTMENT DESCRIPTION ACCOUNT BUDGET ESTIMATE AMOUNT General Fund City Council (00) Office Expense 01 =2A02 5,300 7,740 2,440 Advertising (City Newsletter) 01 -2A03 3,500 4,000 500 Telephone Expense 01_ -2AO4 1,600 2,800 1,200 4,140 Human_Relations Commission (00) Employee Services (Temp.) 01 -2GO1 -0- 450 450 Jack Residence-Committee (00) Office Expense 01 =2M02 100 140 40 Telephone Expense 01 -2M04 200 180 [20] Travel Expense 01 - -2M11 50 80 30 Materials & Supplies 01 -2M12 100 200 100 150 Non Departmental Expenses (05) Other City Expenditu =es 01 -3998 5,000 10,000 5,000 Emergency Services (05) Emergency Equipment 01 -4452 825 19375 550 City Administrator (10) Employee Services 01- 2101 '. `:- 105 -,370 115,250`. 9,880 Office Expense 01 -2102 29*525 -33100 _ 575: 10,455 City Attorney (15) Employee-Services 01 -2401 66,160 68,900 2,740 Office.Expense 01 -2402 6,670 8,980 2,310 Contract Services 01 -2408 22,870 37,870 15,000 20,050 City Clerk (20) Office Expense 01- 2202 4,450 7,600 3,150 Advertising 01 -2203 15,000 18,000 3,000 6,150 Personnel Department (30) Office Expense 01 =2702 6,900 9,500 2,600 Telephone Expense 01 -2704 1,600 3,000 1,400 Contract Services 01 -2708 29,100 57,600 28,500 32,500 Community Development- Planning (40) Special Planning Studies 01 -2513 15,000 -0- [15,000] Community Development- Building Insp. (40) Employee Services 01 -4201 143,950 133,000 [10,950] r] DESCRIPTION ACCOUNT General Fund.(cont'd.) Public_Services- Administration (505 Other Equipment 01 -2152 Public Services- Engineering (50) Employee Services 01 -4701 Traffic Signals & Lighting (50) Utilities 01 -5105 Contract Services 01 -5108 I"D CURRENT REVISED BUDGET ESTIMATE -0- 1,600 325,885 236,000 168,000 205,000 19,350 31,900 Police Protection (80) Employee Services 01 -4001 2,089,850 2,218,750 Fire Protection (85). Employee Services 01- 4101 1,669,750 1,711,600 TOTAL GENERAL FUND ADJUSTMENT AMOUNT 1,600 [89,885] 37,000 12,550 49,550 128,900 41,850 185,510 Parks &-Recreation Fund Parks &_Recreation Programs (60) Employee Services 11 -5701 222,200 227,200 .51000 Utilities (Electric) 11 -5705 17,170 20,200 3,030 Vehicle Expense 11 =5707 4,000 4,900 900 Recreation Programs 11 -5713 102,400 141,200 38,800 47,730 Municipal Golf Course (60) Employee Services 11 -5801 38,970 40,580 1,610 Utilities (Electric) 11 -5805 14,960 22,600 7,6.40 -9,250 TOTAL PARKS & RECREATION.FUND 56,980 Water Fund Water Source & Supply (50) Salinas Res. Expense 50 -6013 333,000 377,500 44,500 Whale Rock Res. Expense 50 -6013 219,160 215,000 [4,160] Whale Rock Fishing Program 50 -6013 22,140 15,000 [1,740] 32,600 Water Pumping (50) Utilities (Electric) 50 -6105 16,800 20,000 3,200 Maintenance (Highland Res.Cov.)50 =6163 -0= 6,500 6,500 9,700 Water Treatment Plant (50) Employee Services 50 -6201 141,951 126,000 [15,951] Utilities (Electric) 50 -6205 77,000 90,000 13,000 Materials & Supplies (Chem) 50 -6212_ 160,250 .13.0,000 [30,250] [33,201] -2- DESCRIPTION ACCOUNT Water-Fund (cont'd.) Water Customer Service (50) Water Meters & Parts 50 -6413 Water Engineering & Admin. (50) Contract Services 50 -6508 TOTAL WATER FUND Parking-Fund Parking - Facilities (50) Utilities (Electric) 51 -6805 Rents & Leases (Gr. Western) 51 -6806 Special Parking Survey 51 -6814 Parking Lot Resurfacing 51 -6863 Parking-Enforcement (50) Employee Services 51 -6901 TOTAL PARKING FUND Sewer Fund Sewer Treatment Plant (50) Employee Services 52 -7101 Utilities (Electric) 52 -7105 Source Control Prog. - - -- Sewer.General & Admin. (50) Coritiact Services 50 -7.208 TOTAL SEWER FUND TOTAL ALL FUNDS -3- CURRENT REVISED ADJUSTMENT BUDGET ESTIMATE AMOUNT. 29,500 49,500 20,000 3,000 10,000 7,000 36,099 2,050 3,300 1,250 3,780 4,550 770 5,500 7,100 1,600 -0- 2,500 2,500 6,120 40,560 42,500 1,940 8,060 161,150 171,500 65,800 78,000 -0- 10,350 12,200 3,200 25,750 2,000 7,500 5,500 31,250 317,899 /�nar�e� �� ��� o (7, RESOLUTION NO. 4804 (1982 Series) _J A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND A14ARDING 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, BEACH STREET, PACIFIC TO PISMO" ESTIMATE: $17,365 w/o contingencies BIDDER: Fred Julien & Associates CITY PLAN NO: F -09 BUDGET ACCOUNT: 40- 6362 -715 (F -09) BID AMOUNT: $14,180 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 Cnfinrilman Griffin , seconded by Counrilman- Sat -fla e and on the following roll call vote: AYES: Councilmemebers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman!:Dunin the. foregoing Resolution was passed and adopted this 2nth day of Aril. , 1982. ATTEST: CITY dLERK PAMELA VO S APPROVED: City Administrative 0 ficer I City Attorney finance it 9e 4e 4e * 9c * fie. 4e R 4804 '�li ;�f7C'� %I /f� Q '� "o�fraGfor RESOLUTION NO. 4803 (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, CITY PLAN NO: F -08 LINCOLN STREET, BROAD TO CHORRO" ESTIMATE: $18,357 w/o contingencies BUDGET ACCOUNT: 40- 6362 -715 (F -08) BIDDER: Fred Julien & Associates BID AMOUNT: $14,531 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Griffin ., seconded by Cot;nc;lman qprrlp , and on the following roll call vote:. AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 20th day of _April , 1982. r ATTEST: CITY C ERK PAMELA VOG APPROVED: City Administrative Officer City Attorne Fina or t R 4803 F1 1 IPi �a0-�- RESOLUTION NO. 4802 (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 ARCHITECTURAL FIRM OF ROSS, LEVIN AND MAC INTYRE TO PREPARE PLANS AND SPECIFICATIONS FOR MUNICIPAL SWIMMING POOL BUILDING AND SOLAR HEATING PACKAGE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the firm of Ross, Levin and Mac Intyre, Architects, be. engaged to prepare plans and specifications for municipal swimming pool building and solar heating package as per attached Exhibit A with accompanying cover letter. SECTION 2. That Jim Stockton, Director of Parks and Recreation, be named as person with day - to-day responsibility for the project. SECTION 3. The Mayor is authorized to execute the agreement on. behalf of the City. On motion by Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilmen Dunin the foregoing Resolution was passed and adopted this 20th day of April , 1982. ATTEST: CITY CL PAMELA. VOG APPROVED: City Administrative Offic r Vin rec —r, City Attorney \-_2_ar�k-& Rec)K tion Director R 4802 l��ecy�fia� ��Pl� ��r� � � . �� /v Ross Levitt' & Madntyre Architects JOHN R. ROSS FAA RODNEY R. LEVIN AIA KENNETH H. MACINTYRE AIA April 13, 1982 Mr. Jim Stockton Director of Recreation City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Bath Facility City Mtimicipal Swimming Pool Sinshiemer Park, SLO, CA Dear Mr. Stockton: We wish to take this opportunity to thank you and the City Cauncil.for selecting the Firm of Ross Levin & Maclntyre, Architects for the above referenced project. Following is our proposal to provide Architectural Services based on negotiations between you, Ken Maclntyre.and myself on Tuesday, April 13, 1982. In brief, the project scope will include a new 6100 sq.ft. + bath facility (shower- locker roans, basket /office control, multi -use room, tot's shower, dress and lobby), solar package to aid in the heating of the (E) and future tanks and a domestic hot water pre -heat system and related site work. Estimate of Construction Costs New Bath Facility including site work, 6100 sq.ft. 3 $ $72 /sq.ft. _ $439,200 Solar Package/Domestic Hot Water/Pre-Heat = $152,357 TOTAL $591,557 Architectural/Engineering Fee Computations Bath Facility - $439,200 @ 870 = $ 35,136 Solar Package /Domestic Hot Water/Pre -Heat - $152,357 @ 5% _ $ 7,617 SUBTOTAL $ 42,753 Credit for Schematic Design (4,500) TOTAL BASIC FEE $38,253 1129 Marsh Street, San Luis Obispo, California 93401 (805) 543 -1291 Mr. J. Stockton April 13, 1982 Page 2 Enclosed please find a copy of the AIA Dociunent B141 Standard Form of Agreement Between Owner and Architect and Ross Levin & Maclntyre Architects' Hourly Rate Schedule. If you have any questions regarding the above, please do not hesitate to call. Yom /truly, Rodney R. Levin, Enclosure THE AMLPKAN INSTITUTE OF Ak%.-I- HITECTS ; AIA Document B141 Standard Form Of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Hundred and BETWEEN the Owner: and the Architect: day of City of San Luis P.O. Box 321 San Luis Obispo, Obispo CA 93406 in the year of Nineteen John R. Ross & Associates, Inc. dba Ross Levin & Maclntyre, Architects 1129 Marsh Street San Luis Obispo, CA 93401 For the following Project: (include detailed description of Project location and scope.) Design of New 6100 sq.ft.+ Bath Facility and Related Solar Systems City Municipal Swimming Pool Sinshiemer Park San Luis Obispo, California The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1 %3, 1966. 1 %7, 1970, 1974, 0 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT, THIRTEENTH - EDITION • IUIY 1977 i AIAS • p 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5 . and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1,1 SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall review the program fumished by the Owner to ascertain the requirements of the Project and shall review the understanding of such. requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.13 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.15 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 1,2 DESIGN DEVELOPMENT PHASE 1.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size. and character of the entire Project as to architectural, structural, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit to the Owner a further Statement of "Probable Construction Cost. 1.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail the require- ments for the construction of the Project. 1.3.2 The Architect shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agree- ment between the Owner and the Contractor. 1.3.3 The Architect shall advise the Owner of any adjust- ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 1,4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1,5 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.5.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first 15.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise . and consult with the Owner. Instructions to the Contrac- tor shall be forwarded through the Architect. The Archi- tect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in ac- cordance with Subparagraph 1.5.16, 1.5.4 The Architect shall visit the site at intervals ap- propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous on -site inspections to check the quality or quan- tity of the Work. On the basis of such on -site observa- tions as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 15.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION JULY 19-,7 AIA'0 v 19777 THE AMERIC.AN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20W6 B141 -1977 3 0 contractors or any other persons performing any of the Work, or for the failure'of any of them to carry out the Work in accordance with the Contract Documents. 15.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 15.7 The Architect shall determine. the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the' Contract Documents. 15.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site. as pro- vided in Subparagraph 1.5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifica tions stated in the Certificate for Payment); and that the Contractor is entitled to payment.in the amount certified. However, the. issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.5.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations nec- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written de- cisions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 1.5.10 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable . from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful perform- ance by both the Owner and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in goad faith in such capacity. 15.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. 1.5.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is • necessary or advisable for the implementation of the intent of the Contract Docu men ts,.the.Architectwill have author- ity to require special inspection or testing of the Work. in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1:5.13 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.5.14 The Architect shall prepare Change. Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 15.15 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Pay- ment. 15.16 The extent of the duties, responsibilities and lim- itations of authority of the Architect as the Owner's rep- resentative during construction shall not be modified or extended without written consent of the Owner, the Con- tractor and the Archifect. 1,6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.6.1 If the Owner and Architect agree that more ex- tensive representation at the site. than is described in Paragraph 1.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 1.6:2 Such Project Representatives shall be selected, em- ployed and directed by the Architect, and the Architect Shall be compensated therefor as mutually agreed be- tween the Owner and the Architect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 1.6.3 Through the. observations by such Project Repre- sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representa- tion shall not modify the rights, responsibilities or obliga- tions of the Architect as described in Paragraph 1.5. 1;7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. AIA DOCUMENT $141 - OWNER - ARCHITECT AGREEMENT - THIRTEENTH EDITION - DULY 19i, -- AIA'9 - 'cc 1977 4 6141 -1477 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 I 1.7.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 1.7.2 Providing financial feasibility or other special studies. 1:7:3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate. consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the.Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.7.14 Making investigations, surveys, valuations, inven- tories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.7.17 Preparing'a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.7.19 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.7.20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. 1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. 1.7.22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1,8 TIME 11.8 ..1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 11 The Owner shall provide full information regarding requirements for the Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability, special equipment and systems and site requirements. 2.2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 31.2. The. Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. AIA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION -• IULY 1977 • AIA& • © 1977 THE A.MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. O.C. 20006 B141 -1977 5 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights -of -way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility Sines both public and private, above and below grade, including inverts and depths. 2S The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical; chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain ,how or for what pur- poses the Contractor uses.the moneys paid by or on be- half of the Owner. 2.8 The services; information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de- signed, specified, selected or specially provided for by the Architect. 3.13 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights -of -way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3:2.1 Evaluations of the Owner's Project budget, State- ments of Probable Construction Cost and Detailed Estimates of Construction Cost; if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable. Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or-Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the Scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 8141 v OWNER - ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977, - AIA® - © 1977 6 8141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. MM 0 with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out -of -town travel; long distance communications, and fees. paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.15 Expense of renderings, models and mock -ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensa- tion tor-any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable. Expenses as defined in Article 5 shall be made monthly upon presentation of the Architects statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD 6.3.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months; the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct. Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information and reference in connection with the Owner's use and-occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on AIA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION'- JULY 197-, • AIAa • © 19i, THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NAV.. 'WASHINGTON. D.C. 2DD06. 8141 -197 J other projects, for additions to this Project, or for comple- tion of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Archi- tect. 82 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent con- taining a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 10.3 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with .Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. 0 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of the total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- matic Design Phase; or .2 10 percent if termination occurs during the Design Development Phase; or . .3 5 percent if termination occurs during any subse- quent phase. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1. The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this.Agreement. Neither, the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13A This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA DOCUMENT 6141 • OWNER-ARCHITECT AGREEM1IENT - THIRTEENTH EDITION • ILLY 1977 • AIAh - @ 1977 8 B141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS. 1:37 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 CJ 0 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement; as follows: 14.1 AN INITIAL PAYMENT of Two Hundred and .00 /100 ------ ==------ - - -: -- dollars ($200.00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1_ FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, it necessary.) Fixed Amount Less Credit for Schematic Design $ 42,753.00 (4,500.00) $_38,253.00 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided -in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: percent (10.5 %) Design Development Phase: percent (20.51%) Construction Documents Phase: percent (54 %) Bidding or Negotiation Phase: percent ( 5 %) Construction Phase: percent (10 %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, , Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 9141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 197—, • AIA+1 • 01977 - o THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6141-197; 9 v 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen sation shall be computed as follows:. (Here insert basis of compensation, including rates and /or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. identify-specific services to which particular methods of compensation apply, if necessary.) Refer to attached copy of Architect's Hourly Rate Schedule dated May 1, 1981. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS; including additional sSructural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 orden_tified in Article 15 as part of Addi- tional Services, a multiple of .L7 ) times the amounts billed to the Architect for such services. (identify specific types of consultants in Article 15, it required.) 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other i ems included in Article 15 as Reim- bursable Expenses, a multiple of ( 1.15 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date -payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) NM (Usury laws and requirements under the Federal Truth in Lending Act. similar state and local consumer credit laws and other regulations at the Owners and Architect's principal places of business,. the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should he obiained with respect to deletion. modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within P months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted.. AIA DOCUMENT B141 OWNER- ARCHITECT AGREE..mENT - THIRTEENTH EDITION- JULY 1977 • AIAO • © 1977. 10 8141 -1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.0 20006. NM ARTICLE 15 OTHER CONDITIONS OR SERVICES AIA DOCUMENT 8131 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAS . C 19777, THE AMERICAN INSTITUTE OF ARCHITECTS. i733 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2M 8141 -1977 11 This Agreement entered into as of the day and year first written above. OWNER City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 BY k M'yo Melanie C. Billig ARCHITECT Ross Levin & MacLntyre, Architects 1129 Marsh Street AIA DOCUMENT 6141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIA'S • Q 1977 12 B141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. :0006 0 May 1, 1981 HOURLY RATE SCHEDULE Principal Architect Designing, Engineering and Production Associate Architect Draftsman Steno and Bookkeeping Field Supervision /Observation Certified Architect Consulting Engineers Consultation Travel . Printing Specifications Telephone, long distance Grevhound, UPS •P _ r. p e ,� Ross Levin MacIntyre, Architects Liability Policy i� $ 50.00 per hour 35.00 per hour 25.00 per hour 20.00 per hour 17.00 Der hour 40.00 per hour. Cost + 5 percent 300.00 per day .18 per mile + direct co! ..15 cents per square.foo- At Cost At Cost At Cost The Owner agrees to limit the Design Professional's liability to the Owner and to all construction Contractors and Subcontractors on the project, due to the Design Professional's professional negligent acts, errors, or omissions, such that,the total aggregate liability of each Design Professional to all those named shall not exceed $50,000 or the Design Professional's total fee for services rendered on this project, whichever is greater. 1129 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA 93401 (805) 543 -1291 r RESOLUTION NO. 4801 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 4580 (1981 Series) TO INCREASE THE MONTHLY SALARY OF THE COMMUNITY, DEVELOPMENT DIRECTOR. WHEREAS, on August 18, 1981, the council adopted Resolution No. 4580 (1981 Series), entitled "A Resolution of the Council of the City of San Luis Obispo Establishing Salaries and Benefits for Certain Management Personnel and Superceding Previous Resolutions in Conflict," copy attached; and WHEREAS, the City Administrative Officer desires to amend that resolution to increase the salary of the Community Development Director as set out therein; NOW, THEREFORE, BE IT .1 RESOLVED by the City Council of the City of San Luis Obispo as follows; SECTION A. Section 2 of Article I of Resolution 4580 (1981 Series) hereby is amended to increase the Community Development Director salary ($3,000 /month) to $3,200 /month, effective May 17, 1982. SECTION B. In all other respects Resolution 4580 (1981), as amended,, shalh ,_remain unchanged and in full force and effect, On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 20 day of .April, 1982. ATTEST: City lerk Pamela V es R 4801 Resolution No. 4801 L )'82 Series) Page 2 APPROVED: O City Administ =ative Offi er City Attorney Ff'ftnc'LT`b'Trrc tor Personnel Director 0, _ REb6LUTIO1N.NO. 4580 (1981 Series)J A RESOLUTION OF THE COUNCIL OF THE CITY_ OF SAN LUIS OBISPO _ ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN iLMAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: ARTICLE I Salary Provisions Employees covered by this resolution shall be paid at the monthly salaries listed below effective July 1, 1981: 1. Council appointed employees Revised City Administrator $3,895:84 12 -81' City Attorney $31500 32700.,00 1 -82 City Clerk 1,950 2. City Administrative Officer appointed City Engineer $2,750 Director of Community Development 3,000 Director of Public Services 3,300 Director of Recreation 2,400 Finance Director 2,900 Fire Chief 3,150 3,350 3 -15 Personnel Director 2,200 Police Chief 3,500 Assistant City Attorney /Assistant to the Administrator 2,200 ARTICLE II Benefits Section A Medical Insurance For medical insurance the city agrees to contribute an amount equal to the cost of providing medical insurance for management employees and their dependents. Such contribution shall be spent first on employee coverage under an approved medical insurance plan and, second on dependent coverage. The-city reserves R 4580 i PI the right to choose the method of insuring and funding the benefit. �.s Section B Eye Care !^ The city agrees to contribute an amount equal to the cost of providing an approved eye care insurance plan for management employees and their dependents. Section C Dental Plan The city agrees to contribute an amount equal to the cost of providing an approved dental insurance plan for management employees and their dependents. Section D Unexpended Fringe Benefit The city shall pay to each management employee as soon as practicable prior to December 31, an annual lump sum payment (subject to appropriate taxation) for the difference between the amounts provided under Sections A through C above, and any lesser sum expended by the employee for medical, eye care, and dental coverage for the period of July 1, 1981, through December 31, 1981. Each employee shall be required to carry a minimum of medical, eye care, and dental insurance for self. Section E Life and Disabilitv The city shall provide the following special insurance benefits: 1. Long -term disability insurance providing 60% of gross salary to age 65 for any sickness or accident after a 90 -day waiting period. 2. $50,000 term life insurance including accidental death and dismemberment. 3. One -half of employee's health insurance premium paid for retired employees who elect to remain members of the city's group health plan. Section F Retirement The city agrees to provide the Public Employees' Retirement System's 2% -2- at age-60 plan to all eligible employees-including-the amendment-permitting, - conversion of unused sick leave to additional retirement credit, the 1-959 survivor's benefit and one year final compensation. The police and fire chiefs shall receive the same retirement benefits as sworn personnel in their department. The city further agrees to implement a plan whereby the city will pay the employee's current contribution (percentage of salary effective 7 -1 -81) on behalf of the employee to P.E.R.S. These amounts paid by the city are employee contributions and are paid by the city to satisfy the employee's obligation to contribute the current percentage of salary to P.E.R.S. An employee has no option to receive the contributed amounts directly instead of having them paid by the city to P.E.R.S. on behalf of the employee. It is further understood and agreed that the payment of the employee's P.E.R:S. contribution is made subject to I.R.S. approval and reporting procedures. Section G Vacation Vacation leave is governed by Section 2708.7 of the Municipal Code except that it may be taken after the completion of the sixth calendar month of service since the benefit date. Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual accrual rate. However, if the City Administrator determines that a management employee has been unable to take vacation due to the press of city business; the City Administrator may increase the accrual limits or of the excess accumulation up to a vacation leave the City Administra administrative leave to department purposes. The City Attorney shall per year.. once annually authorize payment for one -half maximum of five (5) days. In ad6ition to for may grant up to five (5) days of heads f-or special training or recuperation receive seventeen (17) days paid vacation -3- j Section H Holidays _ The twelve (12) holidays as provided by M.O.U. for the general employees' association shall apply to management personnel. Section I Sick Leave Sick leave is governed by Section 2703.5 of_the Municipal Code. An employee may take up to two (2) days per year of sick leave if required to be away from the job to personally care for a member of his /her immediate family as defined in Section 2708.5. This may be extended to five (5) days per year -if the family member is part of the employee's household, and to seven (7) days if a household family member is hospitalized and the employee submits written verification of such hospitalization. upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (A) Death - 25% (B) Retirement and actual commencement of PERS benefits: (1) After ten (10) years of continuous employment - 10% (2) After twenty (20) years of continuous employment - 15% Section J Workers' Compensation Leave An employee who is absent from duty because of on- the -job injury in accordance with the state workers' compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first ninety (90) business days of such temporary disa'�ility absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. -4- Section K Vehicle Assignment For those management personnel who require the use of an automobile on a regular 24 -hour basis to perform their normal duties, the city will, at city option, provide a city vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for city business beyond the three - county area (San Luis Obispo, Monterey and Santa Barbara) will be eligible for mileage reimbursement in accordance with standard city policy. On motion of Councilman Bond seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 18th day of August , 1981. ATTEST: CITY CLERK Pamela Voges r; A�L�/ City Administrativ6 fficer City /Atto rinance erector 11_1_ I Personnel Director -_ ,p�sonne/ Toh� doss 1 \1 RESOLUTION NO. 4800 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The attached traffic work orders for the period of January 1, 1982 through March 31, 1982 are approved. On.motion of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 20th day of April 1 1982. ATTEST: 4 20ft S,/, IIAO�us CITY CLERK P LA V ES ity En 'veer R 4800 -ri le" Y, TRAfFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 3 -23 -82 COMPLETED: � ,r-�o� LOCATION: Santa Rosa Street, North of Buchon Street , REQUESTED BY: Senior Citizens Center Allan G. Tilton, Engineering Assistant, Traffic DESCRIPTION: Paint one additional space -Blue - Handicapped / n f..., s +.7 ice•? {s1j,T- .:.1..- ,�5.k... t .nrlla,.:dJi%r.�..i,yL �.R �1:.� -Ga. ,.�1., � _ 1 �wyr- ' - X. f . CONCUR: Wayne A. Peterson City Engineer ACT: j1w �� I.• Y� : SRS' X1t;n'C. Tilton ton Engineering Assistant - Traffic q D'RA�IUU] ")l tlel L. rG.?il M F ,a.']®RAtl0UURI Y1 1 MEMORANDUM MEMORANDUM March 17, 1982 Z ty 0 - �. F ,c m onspo PUBLIC SERVICES DEPARTMENT P.O. Box 321 . San Luis Obispo, CA 93406 • 805/541 -1000 TO: John Hawley �W FROM: Allan G. Tilton' SUBJECT: Handicapped Parking In reply refer to: 147:AGT A request has been made by the Senior Citizens Center located on Santa Rosa Street north of Buchon Street, for one additional handicapped parking space. I have reviewed this location based upon their request. There is one handicapped parking space located as shown on the attached map. Because of the higher than average concentration of elderly at this A, location, and the percentage of disabled among this group, an extra handicapped space is appropriate. Attachment - Map Traffic Work Order AGT:jlw i I Setllon C�t�e�is �e�tte� Mr. Wayne Peterson Box 321 San Luis Obispo, Ca 93406 Dear Mr. Peterson: I ,r_TELEPHONE: 544.2662 1445 SANTA ROSA STREET e{� y 5 1982 SAN LUIS OBISPO, CALIFONIA 93401 March 9, 1982 Several requests have been made to the Senior Citizens Center to provide one additional "handicapped" parking space for the disabled persons' cars. 'The ideal location is on Santa Hosa.Street just North of the present reserved handicapped parking space which is near an access ramp, making it easier to unload wheel- chairs. The extra space set apart for disabled persons will be an added benefit without greatly reducing the parking space for others. Sincerely, AM /sh Art Mosher, Pres. Jav C54ohly)M" AISL T ARL I TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 3 -9 -82 LOCATION: COMPLETED: p��- -��_�_ Chorro Street, south of Monterey Street (900 Block) REQUESTED BY: Allan G. Tilton Engineering Assistant, Traffic DESCRIPTION: Paint existing taxi zone green with 30 minute stencil install 30 minute parking meter on existing post. b V r- R oYQ, TA-x1 zion� I N Sri L t. 3 p iYl I n p�r}Uny SPac� F Concur: -ne A. Peterson City Engineer J} TRAFFIC ORDER FORM roll DATE TAKEN TO PUBLIC SERVICES,: 3 -5 -82 COMPLETED: CONCUR:��.�.._ \ i' Wayne A. Peterson Allan G. Tilton City Engineer Engineering Assistant, Traffic AGT:jI LOCATION: Pismo .Street 50' east of High Street REQUESTED BY: Allan G. Tilton Engineering Assistant, Traffic DESCRIPTION: Paint curb red as shown on the sketch below. l j L I� CONCUR:��.�.._ \ i' Wayne A. Peterson Allan G. Tilton City Engineer Engineering Assistant, Traffic AGT:jI I TRAFFIC ORDER FORM Oak I DATE TAKEN TO PUBLIC SERVICES: 3 -3 -82 COMPLETED: LOCATION: Montalban Street West of Santa Rosa REQUESTED BY: Allan G. Tilton, Engineering Assistant - Traffic DESCRIPTION: Paint 40 feet of curb green with 30 minute parking indication on the North side of the street. CONCUR: City Engineer ACT•.I.1 w a m Mom too /64„ Engineering Assistant, Traffic a TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 3-3-82 COMPLETED: 3. _t;?� - p, ; LOCATION: CA1 e_y �L West of Santa Rosa Street between Marsh and Higuera SE'reet REQUESTED BY: Allan G. Tilton Engineering Assistant/Traffic DESCRIPTION Alt %V do Remove 2 No Parking Between Sign gns si f e Install -- 2 No Parking Anytime R-28 3 No Parking Anytime R-26 y CONCUR: 417 -- W. A. Peterson City Eng4,- 7 /NSTA4C f _-Z 8 eo A16�v Past 4F Allan G. Tilton Engineering Assistant - Traffic TRAFFIC ORDER FOR14 i DATE TAKEN TO PUBLIC SERVICES: 1 -28 -82 COMPLETED:.. LOCATION: Grand Avenue at McCollum Street and Hays Street REQUESTED BY: W. Peterson DESCRIPTION: Paint 35 feet of red curb, 20 feet of red curb and add 20 feet red curb as illustrated on the aerial photo attached. Attachment i Wad yne A. Peterson City ?ngineer de WAP:jlw cr-,�i-% War.7LIVA MCC tt.. CIO lu 10 It I IS rot uj cc 231%-1 MA VA I'VE F'ZnTAN TRAFFIC ORDER FORM s WAP:;jlw 1A DATE TAKEN TO PUBLIC SERVICES: 1- 27 -82 COMPLETED: c;Z , 3 —9 LOCATION: 1051 1/2 Buchon Street REQUESTED BY: Mr.. Robert L. Davidson (resident at above location) DESCRIPTION: Please paint three feet of red curbing on both sides of driveway at the address above. ,Wayne A. Peterson City Engineer JI TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1-25-82 COMPLETER: 1--.6 LOCATION: Johnson Avenue at Buchon Street REQUESTED B7: Dave Romero Director,. Public Services DESCRIPTION: Paint "NO LEFT TURN" on Johnson at Buchon BUCHOIN CONCUR: W;Iyne A. Peterson (.:il:v En),,incer RAG: j 1w r J01INSON TURN LEFT NO Richard A. Gordon Engineering Associad- Traffic TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES:1-25-82 COMPLETED: LOCATION: Foothill Blvd. at City Limits REQUESTED BY: California Highway Patrol DESCRIPTION: Install R3 sign "End 40 MPH" at City Limit on Foothill Blvd. for westbound traffic. CONCUR: W-'iyne A. Peterson City Engineer RAG: -j 114 w Richard A. Cordon /I Engineering Associate ate Traffic ME W TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1 -25 -82 COMPLETED:. - 0 LOCATION: Buchon at Osos , Broad, Santa Rosa, and High Streets REQUESTED BY: Wayne Peterson, City Engineer DESCRIPTION: Paint arrow for westbound traffic as indicated on the sketch below. Higil Osos I Broad Santa'Rosa CONCUR: 'k'ayne�A Peterson City Engineer RAG:jIw BUCHON Richard A.'Gordon- .Engineering.Associate - Traffic TRAFFIC ORDER ORM DATE TAKEN TO PUBLIC SERVICES: 1-20-82 COMPLETED: LOCATION: Calle Joaquin and Madonna Road REQUESTED BY: Burt Waldron - Citizen DESCRIPTION: Paint double yellow center line for 100 feet on Calle Joaquin from Madonna Road as indicated on the sketch below. Aak C o'N 1: U K: U;iyne A. Peterson City Engineer RAG: j I w Lchard A. Gordon,; Engineering; Assoi`iaLe TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1 -19 -82 COMPLETED: LOCATION: Johnson Avenue at Sydney Street REQUESTED BY: Art Hird - Public Services Dept. DESCRIPTION: Extend existing red zone 25 feet tic r jcyvso�tr' �+� Concur: � ,� •- Wayne Peterson Richard A. G-ori on City Engineer Engineering A sociate - Traffic ithU: j l�•� wiz TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES:. 1 -18 -82 COMPLETED:. 02 — o2 LOCATION: Johnson at Buchon Street REQUESTED BY: Wayne Peterson, City Engineer DESCRIPTION: Instal]_ "NO LEFT TURN" sign R 17 (30inch x 30 inch) BUCHON STREET JOHNSON AVENUE INSTALL d" (30"x30" �f R 17 r" No Left Turn CONCUR__,_ i � !f� ,/y�/�� r,,,, lJa ne i}eterson k hard A. Gordon City Engineer Engineering Associate — Traffic RAC,: j i�r J TRAFFIC ORDER FORM w DATE TAKEN TO PUBLIC SERVICES: 1 -15 =82 COMPLETED: LOCATION: Buchon Street at High Street REQUESTED BY: R. A. Gordon DESCRIPTION: Install stoP sign R1 4 LL on Buchon for High Street , n �0 Concur: o'llayne Peterson Richard A. Go don City Engineer Engineering Associate - Traffic RAG:jlw i01` ld I I e TrlA llin nn 11111 In nu DATE TAKEN TO PUBLIC SERVICES: 1 -12 -82 COMPLETED: LOCATION: Sunset Nursery - E1ks.Lane REQUESTED BY: Art Hird - Public .Services DESCRIPTION:. Install "NO PARKING ANYTIME" right arrow and left arrow as indicated on the sketch below (each end of curbed section). N NPAT NPAT R28 R28 Sunset Nursery / DW DW Elks Lane CONCUR: -- •..._ �;- -,___. _. %" �� , Wayn A. Peterson, Richard A. Gordon City Engineer Engineering Associate - Traffic RAG: jlw W11.1% 6 TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1/4/82 COMPLETED:.. p2 - - LOCATION: Los Osos Valley Road from Descanso to city limits REQUESTED BY: San Luis Obispo Police Department DESCRIPTION: Install 4 inch plastic y line to solid and form a A tutal of 1,207 feet of 71 spaces x 17 ft. = 120 ellow tape to change existing skip dash double yellow centerline. 4 inch yellow tape will be required 7 Concur: 'Wayne & Peterson Richard A. Gordon City Engineer Engineering Associate, Traffic RAG::) l.w i j TRAI -FIC ORDER FORM I DATE TAKEN TO PUBLIC SERVICES: 12-30 -81 COMPLETED: LOCATION: Buchon Street from High Street to Johnson Avenue REQUESTED BY: City Council DESCRIPTION: Change from "One -Way" street to "Two -Way" street: see blueline print attached. A. B. C. D. E. Att Paint existing white C/L yellow. Remove 22 painted arrows. Remove 44 one -way signs R 10 mounted back -to -back. Remove 14 RIO one -way signs on pipe standards with other signs or on signal standards. Paint (2) "STOP bars as indicated: Remove no left turn and no right turn signs. achment - Blueline Print Concur: U e t_� 4Ja A. Peterson Richard A. Gordon City Engineer Engineering Associate - Traffic RAG: jIw o ra T; LM MEMORANDUM December 31, 1981 NEWS RELEASE PUBLIC SERVICES DEPARTMENT P.O. Box 321 - San Luis Obkpo, CA 93406 805/541-1000 CONTACT: Wayne Peterson, City Engineer Buchon Street to become two-way Buchon Street in San Luis Obispo, now a one-way street, will become two-way on January 15, 1982. The City Council decided to follow the suggestion of the Old Town Neighborhood Association and try two-way traffic on the street for a six-month test. City planners believe two-way flow will be more in character with the neighborhood and still adequately handle traffic. The change is scheduled to take place at 12 noon, January 15, 1982. r_7 N TRAFFIC ORDER FORM DATE TAKEN 1*0 PUBLIC SERVICES: 12-30-81 COMPLETED: • LOCATION: Grand Avenue at Hays Street REQUESTED BY: Art 11i rd DESCRIPTION: Add 27 feet of red curb as illustrated below for a Bus Stop. Paint Red HAYS STREET Existing n»lrf lei I CUNCUR: Wfi'yne- A. Peieir's—on City Engincer ;tAG: J 1 w 6 GRAND AVENUE lelol� k Ti -hard A. —G-o' 9rd o3 Engineering Associate - Traffic TRAFFIC ORDLR.FORM DATE TAKEN TO PUBLIC SERVICES: 12 -24 -81 COMPLETED: J — LOCATION: Foothill Blvd. at Carpenter Street. REQUESTED BY: Petition of Residents on Foothill Blvd. (See attached) DESCRIPTION: Install W53 "NOT A.THROUGH STREET" signs as indicated on attached map. Attachments - 2 CONCUR:._ _ ;� ••� /�� Way Peterson Richard A. Gordon City ngineer Engineering Associate - Traffic RAG: jIw 0 e DEC 2 Tr:1ffi.r Committee C i. ty o f E,a n Luis Obispo :an l,uis Obispo, CA 93401 15 uecembcr_1.981, '.le, the undersigned residents of the north end of Foothill, hr.reby petition the City of San Luis Obj.c,po to resolve the Lr: ffi.c : ;i. /;n problem at the junction of Foothill and Cra,udall wh:ich confusos and /or misdirect.: traffic into the AC;Id end tion o f Foothi11. Drivers of large trucks and trailers, buses, and an i.nordin;iLe amount of private vehicles either miss completely or are con - fused by the "Dead Gnd" signs at the Foothill- Crandall. inter - r,ection. Ohe sign is locatedon the south side of Foothill at a curve hence is on the blind side of the driver. Furthermore, it is before the intersection and has become,twisted to imply that it is referring to Crandall. ';!e sul;l;est the relocation of the "Dead End" sign c ;o that it j:; back to back with the Foothill '!Stop" sign, or perh.rip:, better located along the north curb of Foothill approximately 50' from the intersection. lle further recommend the re- evaluation of the Crandall "Plot 'through Street" sign which was installed at the time Cal Poly Aft temporarily closed the Crandall entrance to the campus. Petition circulated by: D ::vid B. Thomson 133 Foothill Blvd San Buis Obispo, C:4 5114 -8466 i2 934o1 l3S"� `ao� -h,ll �l�cQ ZZ ,4 ' v O123 0 � 0— 0 2m*- F11 LlL C 1qI , ; .- EV m 113 yQ _J D 0 ,om T 0 O h CARPE_ NTER r/A/ Z- Z- W53 9034 Eiwl �5;13]Ell NOT A, 4Cg THROUGH STREET 1'0 licY: Use the %V-�53 sign to inclicalct n strect or CL11-d0,S;kC. 'I-IjjS sijji is also j[%,;Ljl:jl)I N0'• g A 1-1111MR;1I It()/%I) ;is Location: Fre•t fWar Ilit, cii1raiwt, therclo. in 111t• stzlll(l;kl-(l I)OsiliOli on the right. 0 0 O O �A I �G n ; f. o1 i I' I: • TRAFFIC ORDER FORM ' 1 . 516N C0MPLr&7F.D DATE TAKEN TO PUBLIC. SERVICES: 12 -24 -81 COMPLETED: ST/�Tr o a c> LOCATION: AJ Z >6 . Marsh Street at Higuera Street & Archer REQUESTED BY: San Luis Obispo Police Department DESCRIPTION: Paint S inch solid line 100 feet and.install ceramic markers, as indicated on the attached map. Attachment - map CONCUR. 4Jayne A. Peterson ichard A. Gordon/ City Engineer Engineering Associate - Traffic RAG: jlw O j uj cc C� •f,`�' Ira lo It !I j� '' :9,k }��' °PE. 'ti1.::W...• tML Ivy I, ra �.,, It i r ILI Is' pj� - - All 14. -'n LIJ LLJ Am CC cz Uj LL. Lt. Cc 1 u .. 4 Uj cc UL. Ilk tki ., 'l tl111lu11 ' „ �I�I� POLICE DEPARTMENT yr' i ;I,II�II,` ,I, ,I it 575 Santa Rosa /Post Office Box 1328 - San Luis Obispo. Ca 93406•- 805/544 -5151 is. �'i, . "'' ,'� I'!' Bruce LaHargoue DATE Dec 5, 1981 Egg t��ulaL�a.a.:��lvl� TO FROM Tim J. Hedges SUBJECT City Sign Blocking Traffic Vision On 120581/0900hrs, an employee at Marsh Street Union told me that they have had numerous customers comment on the new wood "San Luis Obispo" sign which is 'next to the fountain at Iliguera and Marsh. The sign is appearantly blocking the vision of those turning off of Higuera and onto Marsh with the intention of crossing over marsh to the Union Station. In taking the turn myself, it is a slight problem in seeing traffic either coming off the Highway or from the 300bk of Higuera. As that turning lane enters into its own lane on Marsh St., it is . not much of a problem. Further, other type of vehicle may have more of a problem due to it being higher or lower. However,'if a driver wishes to immediately change lanes for some reason, the -sign may interfer. Perhaps the sign could be lowered and /or relocated to prevent any further conflicts prevented. IJU,AJ Res, lly tted; Tim J. Hedges �a_ . Police Officer / nl�N 7 �� �-"k". MEMORANDUM >ti i TRAFFIC ORDER FO DATE TAKEN TO PUBLIC SERVICES: 12 -15 -81 LOCATION: Pismo Street at Garden REQUESTED BY: Dr. H. R. Fisher COMPLETED: �'� �—O of. DESCRIPTION: Paint 30 Minute Green Zone as indicated on the drawing below. Pismo Street 221 1. Pt.. Green 30 Min. Zone L o N CONCUR. Wayne A. Peterson "ZA.Gorpn City Engineer Engineering Associate. - Traffic RAG: jlw IRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES:12 -8 -81 LOCATION: COMPLETED: /, //� O � . Madonna Road -South side from Calle Joaquin to Oceanaire °.,_QUESTED BY: San Luis Obispo Police Department DESCRIPTION: Post N /P.A.T. R -26 signs on the South side of Madonna Road from Calle Joaquin to Oceanaire at intervals of 250' + to 300' +. Concur: 4Jayne A. Peterson Richard Gordon City Engineer Engineering Asso iate - Traffic i RAG:jlw I� 11,Ir 1 LUIS Ub- C OUdt-y ROOM Af01 COURTHOUSE ANNEX . SAN LUIS OBISPO._ CALIFORNIA GEORGE C. PROTOPAPAS County Engineer CLINI'ON MILNE DF.PUIYCOUNTY ENGINEER GUY FREWITT SRECIAL DISTRICTS ADMINISTRATOR December 3,1981 City of San Luis Obispo Public Services Department P. 0. Box. 321 San Luis Obispo, CA 93406 Attention Richard A. Gordon File: DEC U 4 1981 Traffic General Subject: No Parking -- Madonna Road Gentlemen: COUNTY ENGINEERING DEPARTMENT 93408 . ( 805 ) 549.5252 ROAD'. TRANSPORTATICI, FLOOD CONTROL. WATER CONSERVATICI� .SURVEYOR SPECIAL DISTRICT: In reply to your inquiry of November 24, 1981 the R -26 signing should be installed and maintained by the City, ® inasmuch as the section of road is maintained under an agreement with San Luis Obispo County. We feel it would not be feasible to split responsibility for, sign maintenance between the two agencies. Sincerely, GEORGE C. PROTOPAPAS County Engineer DOUG SHEFFER Assistant Traffic Engineer DS /nt � J 1RAFFIC ORULIZ FORM • DATE TAKEN TO PUBLIC SERVICES: 11 -25 -81 COMPLETED: LOCATION: Madonna Road North Side from Calle Joaquin to Oceanaire REQUESTED BY: San Luis Obispo Police Department DESCRIPTION: Post N.P.A.T R -26 signs on the North side of Madonna Road from Calle Joaquin to Oceanaire at intervals of 250' ± to 300'+ .• Richard A. Gedon Engineering Associate, Traffic Concar -: Wayne A. Peterson City Engineer RAG:jlw 11 Im f +I:C I J. 1RAf f IC ORULIZ FORM DATE TAKEN 10 PUBLIC SERVICES: 11 -11 -81 COMPLETED'. LOCATION: Monterey Street.near Santa Rosa Street REQUESTED 8Y: Dave Romero Wayne Peterson OLS,;RIPTION: Remove parking place as indicated in drawing below: RAG: jIw DW MONTEREY STREET Extend Red Curb 25' 0 32' 17' Red DW METER #1017 & POST REMOVE PARKING PLACE 15' Red Y - R. A. ord Engineering Associate.- Traffic S AN T, ROSA STREE 1 11 I� ;I j ,I '1 t� I� II , I I J �• ' I its it it ff t i)AH-: TAKEN TH rrnri,ic SERVI-CiS:11 -11 -81 CON PI, i:rr:n: Monterey between Santa Rosa Steet & Osos Street rI.-(p1ri:1) BY: D. Romero /W. Peterson. UI•SCR I PT I.ON : Remove existing double. yellow center line and repaint as indicated on the attached aerial print. Attachment - Aerial. Print Richard A. Gordbn Engineering Assoc ate - Traffic RAG:jlw r A A I f n 1� LLJ tu 0 cc 0 Z alt}v �' I t-- LU in cc DO Q) 10.1 C:) lit cc oa 9 -0 Lo 0 4 cr WX VG IG LU ����tllliNI�WIIIII�III ® Ilulll 1" April - DATE: I� ®ul� C� o san lugs oBispo April 20, 1982 COUNCIL AGENDA REPORT ITEM m FROM: Wayne A. Peterson, City Engineer - SUBJECT: Traffic Work Orders for Period of January l-, 1982 through March 31, 1982 CAO RECOMMENDATION: Pass Resolution Approving Traffic Work Orders for Period of January 1, 1982 Through March 31, 19827 BACKGROUND: The City Engineer has, over the'past -three (3) months, issued work orders for the installation of signs, curb markings and pavement markings. These minor changes have been "implemented in an effort to increase the safety and operation of the city street system. It has been the Council's policy in the past to accept this report on a quarterly basis. This report attempts to satisfy this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. .RECOMMENDATION: Pass resolution approving traffic work orders for period of January 1, 1982 through March 31, 1982. t Attachments - Completed Traffic Work Orders (work orders available in Council_ office 1/1/82 - 3/1/82 for inspect -ion) WAP•AGT:jlw c.c. David W. Romero /(w /out attach) C -3 -I