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HomeMy WebLinkAbout4819-48491 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�