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Home My WebLink About5050-5084C RESOLUTION 5084 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION 4672 AND ESTABLISHING REVIEW REQUIREMENTS FOR THE FORMAL BID, PROPOSAL, AND SELECTION PROCESSES USED IN PURCHASING AND CONTRACTING ACTIVITIES CONDUCTED ON BEHALF OF THE CITY WHEREAS, in the course of City affairs it is necessary to purchase, or contract for, a broad range of commodities and services; and WHEREAS, the City has adopted policies and procedures for the purchase of goods and services, more specifically known as the "Purchasing Control System of the City of San Luis Obispo" passed and adopted by the City Council on April 5 , 1983; and WHEREAS, the purchasing control system requires that the dollar amount of purchases and contracts requiring formal bids or proposals be specified by the City Council; and WHEREAS, it is prudent for the City Council to participate in the review and approval . process for expenditures at significant levels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Resolution 4672 is hereby rescinded, and that the formal bid /proposal review process, and City Council involvement in that process, will be as follows: 1. Supplies and Equipment: Any purchase of materials, equipment or supplies shall be by written contract with the lowest responsible bidder, pursuant to Section 2952.1 of the Municipal Code, when the amount of such purchase is estimated to be greater than $10,000.00. All purchases with a unit cost or fiscal year contract aggregate greater than $50,000.00 will require City Council approval of bid specifications and cost estimates prior to solicitation of bids. If the purchase is found not to be of sensitive or exceptional community interest, the City Council may autho- rize the City. Administrative Officer to award the contract without additional Council approval (if the selected bid or proposal is less than or equal to the approved cost estimate and there are no substantive specification changes). Otherwise, the City Council will approve the contract before its award to the vendor. For purchases with an approved budget and a cost estimate of less than $50,000.00, authorization, approval of specifications, and contract awards will. be performed by the City Administrative Officer. -1- R 5084 2. Professional Services: Whenever workload conditions, staffing levels, or professional capabilities require additional support, as attested to by the City Administrative Officer, professional services may be engaged, consistent with the applicable budget limitations. The services to be engaged shall be supplied by those persons or firms competent and expert in the work to be performed. All contracts for professional services in excess of $10,000.00 shall be developed and approved in accordance with the following process unless otherwise specified by the City Council. The Project Manager will prepare a Request for Proposal which, after City Administrative Officer review and approval, will be sent to professionals capable of conducting the project. Upon receipt of proposals from the profes- sionals, the Project Manager will make an analysis and recommend to the City Administrative Officer those firms and /or individuals that warrant further evaluation by interview. A three - person committee, consisting of the City Administrative Officer, the Department Head responsible for developing the project, and the Department Head responsible for the project after completion (or their designated represen- tatives), will interview the selected professionals. The committee will consi- der, among other factors, the experience and capability of each firm and /or individual but will not consider fees. Local professionals who maintain fully staffed offices in the city or vicinity shall be given preference if quality, service and all other relevant factors are equal. Upon completion of the interviews, the committee will rank the proposals, and the Project Manager will submit a report with a recommended priority list of professionals to the City Council. The City Council, at a regular meeting, will review the report and authorize staff to negotiate a formal contract with one of the professionals. The Project Manager will then negotiate with the first designated professional regarding time schedules, scope of work, fees, and all other matters relating to the preparation of a contract document. If agreement is reached, a formal contract will be prepared and submitted to the City Council for approval. If agreement is not reached, negotiations will be discontinued, and the Project Manager will negotiate with the next designated professional on the priority list. This process will be repeated until agreement is reached with a capable professional on the priority list. 3. Public Works Projects: All public works projects with a cost greater than $25,000.00 will require City Council approval of bid specifications and cost estimates prior to solici- tation of bids. If the project is found not to be sensitive or of exceptional community interest, the City Council may authorize the City Administrative Officer to award the contract without additional Council approval (if the selected bid is less than or equal to the approved cost estmiate and there are no substantive specification changes). Otherwise, the City Council will approve the contract before its award to the bidder. -2- For projects with an approved budget and a cost estimate of less than $25,000.00, authorization, approval of specifications, and contract awards will be performed by the City Administrative Officer. On motion of Councilman Griffin, seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April , 1983. ATTEST: Pam la Voges, City r APPROVED: patJ4�� P ul Lanspery City Administrative Officer lyv-�`' George Thacher, City Attorney Rudy Murvez,I--?1=-nce Mirector -3- �i�an�� '� �� o��o ti� •• ,. ,,r ,.. ,,. ,- r - 'i 1 RESOLUTION NO. 5083 (1983 Series) A RESOLUTION OF THE COUNCIL OF.` THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED (REPAIRED) UNDER THE 1911 ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. SECTION -2. That the hereinafter listed construction (repair) costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first install- ment. The property owners, addresses and construction costs are shown on Exhibit "A ". On motion of Councilman Griffin seconded by Councilman Settle , and on the following roll call vote AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April 1983. 1 • R 5083 0 Resolution No. 5083(1983 Series) APPROVED: 94i Lq City Administrative Offiler City Attorney Finance Director 4ty sneer 1 J EXHIBIT "A" OWNER LOCATION AMOUNT John F. Ready 1305 Marsh $ 216.48 John F. Rudal 1327 Marsh 742.50 Lee Bedell 1327 Pacific 112.50 David A. Sinsheimer 1355 Pacific 112.50 Telegram Tribune 1321 Johnson 1,964.62 G. C. Baldwin 1333 Johnson 1,710.34 R. M. & J. L. Brown 1604 Monterey 120.00 L. D. & B. L. Fiscus 541 Hathway 33.75 William E. Weseloh 550 Hathway 739.80 J. H. Disney 523 Hathway 634.10 S. A. Burdette 1112 -1118 Murray 554.63 Louis J. Donswyk 885 Leff 333.30 S. & C. F. Urbani 1641 Garden 787:34 D. T. & P. J. Schwiderski, 1714 Garden 168.75 L. D. & S. L., Soderberg 779 Buchon 281.80 b. W. - Hannings 190.4_Broad 976.80= J. F. Esmon 1835 Garden 112.50 S.L.O. Alano Blub 1814 Osos. 1703.00 0-1 (Domestic Water Supplies, Fori) A2, Municill 11\)rporation or Civil Subdivision) STATE OF CALIFORNIA DEPARTMENT OF HEALTH Certified Copy of Resolution No. 5032 (1983 Series) (To accompany application on Form Al) "the - - -- CityCouncil Resolved by - -- ------- ---------------------- --------- - - - - -- - ----------- --- - --- (City council, board of trustees or other governing body) City of San Luis Obispo ofthe.--- --- - ---- - -------------- ---------------- - ------- - ------------------------ ----- ------------------- -------------- -------------- -------------- ---- -- ---- ---- -- (City, town or county, etc.) that pursuant and subject to all of the terms, conditions and provisions of Division 5, Part 1, Chapter 7, Sections 4010 to 4035 of the California Health and Safety Code and all amendments thereto, relating to domestic water supplies, application by this ---- --- City - -- ---------- --..be made to the State Department of Health, for a permit to (City, town or county, etc.) _operate __the - -------- Applicant most state specifically what is being applied for — whether to construct new works, to use existing works, to make alterations or additions in ------ -- -------- --- ----- --- --- -- ------------ - works - or - sources - and - state . nature - of - i - mpr0vCmcnt in works. Enumerate definitely source or sources of supply, kind of works used or considered (if known) and specify the locality to be served. Additional sheets may be attached. that the ------------ Mayor or -------- - ----- -------- - ------------------ — ----- —of said. City Council - --- -- (Title of chief executive officer) oa-r-d-o"f-u�- --- t e-es - or- -o th-e- r--- governing body) be and he is hereby authorized and directed to cause the necessary data to be prepared, and investigations to be made, and in the name of said Ci - t - y -- o - f S- an ...Lu.is-O-b-i.s.Po - --------- sign and file such application with the (City, town or county, etc.) said State Department of Health. Passed and adopted at a regular meeting of the City Council - on motion of Councilman Griffin, seconded by Councilman Settle - AYES: CounciltilgEr9fib"64if fin, Settle, Dovey, Dunin and Mayor Billig - NOES: None ABSENT: None of the ------ City, of.-San--Lui-s-.0bi-spo ---- ---------- on the --- th day of--- -April. --------- .......... . 1983 ,IJMN4y, town or county, etc.) ATTEST: a 444LL�;? %. CIT[-Ct K PAFIA 06ES �A A AFFrx ------- is� W� AR M A E C. BILLIG OFFICIAL SFAL HERE i Clerk of said. _City .. o f Sanju is--_Ob is_po ... ... (City, town or county, I I c. EH 101 110-73) 18202-150 11-73 5")os' R 5082 (1)onwalic Water Supplim, 14mn Al, Slunici� 1r1arraliva or Civil Subdivision) STATE OF CALIFORNIA DEPARTMENT OF HEALTH Application from._ . _ City of San Luis Obispo ------------ -- - ----- -------- •- - - - - -- - - -- (Name of muddpaUty or civil subdivision) City Charter, incorporated February 19, 1856 organized under - __--- - --- -- - — — - —_ - — —_— -- - — -- - - ---- -- - - -- (State whether special charter-or under general law, giving class and date of incorporation) To the State Department of Health 2151 Berkeley Way Berkeley, California 94704 Pursuant and subject to all of the terms, conditions and provisions of Division 5, Part 1, Chapter 7, Sections 4010 to 4035 of the California Health and Safety Code and all amendments thereto, relating to domestic water supplies, application is hereby made to said State Department of Health for a permit to. ...... operate - the existing domestic water system and to construct a cover for Reservoir No. 2. --------------------------------------=----- -- ----------- -- -- --- --- - - - --- - -- ------------------------------------------------------------------ Applicant must state specifically what is being applied for— whether to construct new works, to use misting works, to make alterations or addition is ....................... ................................................—..._._-_.._....__._____.--......__...-._-...-_-.__....._-_-.--..------..----.-.------------- works or sources and state nature of improvement in works. Enumerate definitely source or sources of supply, kind of works used or considered (if known) ......._..------------------------°--......._------------------------------- and specify the locality to be served. Additional sheets may be attached.. Dated. - April 5. 19 8-3. .............. it AF= OFFICIAL SEAL HEnr• Attest. /' CYTY CLERK PAMELA V� ....... ........ - - -- -- -- . ............... - ----- --- - --- -- ....... - ...... - _ Sam- Luis..lJhisp9 ................. ..... of mugi� pali 4b civil ;;Iq a. ) i IE C. BILLIG P.O. Box 321, n Luis Obispo, CA 93406 - - --- -- - - - - -- - -- -- - -- -- - -- - - -- -- ------------ ..----- ----------------- _ ....... ........ . NoTEs Before making application for permit, such action must be authorized by resolution of the governing board, substantially in the form furnished by the State Department of Flealth ( Domestic Water Supplies, Form A2) and a copy of such resolution, duly certified by the clerk of such board, must accompany the application. EH 100 oo.Yat sins -aao a -,. an 0 a., 0 RESOLUTION NO. 5081 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF INTENT TO APPROVE AN AMEND- MENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRA' -- TION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SAN LUIS OBISPO WHEREAS, the Public Employees' Retirement Law permits the partici- pation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolu- tion giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide 2% @ 55 Full formula (from 1/2 @ 55 Full formula) for local safety members and Section 20862.8 (Credit for unused sick leave) for local police members. NOW, THEREFORE BE IT RESOLVED that the governing body of the above agency gives, and it does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as "Exhibit A" and by this reference made a part hereof. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None R 5081 r-. Resolution No. 5081 (1983 Series) the foregoing Resolution was passed and adopted this 5th day of April'_ , 1983. ATTEST: 2" /, CII CLERK PAMELA V S APPROVED: aml, 0- City Administrative 0 fice dLALL City Attorney Personnel Director pl�A� EXHIBIT nAji AMENDMENT TO. CONTRACT BETv1EEN THE ONOrS BOAR!', OF ADMIN S'i'RATION /G PUBLIC EKJ:,OIEES' RETiRt,,NENT SYSTEM AND THE CITY COUNCIL OF THE O'v�yii CITY OF SAN LUIS OBISPO The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, here- inafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 9, 1952, an as- amended effective July 1, 1952, October 1, 1962, October 3, 1963, Octo�er 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January 16, 1980,1 May 1, 1980 and July 1, 1980, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs -1 through 10 are hereby stricken from said contract as executed effective July 1, 1980, and hereby replaced by the following paragraphs numbered 1 through 10 inclusive: 1. All words and terms used herein xhich are defined in the Public Employ- ees' Retirement Law shall have the msaning as defined therein unless otherwise specifically,provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees '.Retirement System from and after July 1, 1952:making its - employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not.provided for'herein and to all amendments to said Law hereafter enacted except such as by express ;provisions thereof apply only on the election of contracting agencies. 3• Employees of Public Agency in the following classes shall-become mem- bers of said:Retirement System except .such in each -such class:as are excluded by 1aw.or this agreement: a. :Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members).; a. Employees other than local.safeiiy members (herein referred to as local miscellaneous members"). In addition to the classes of employeas.excluded from membership-by said Retirement Lsw,'the following classes of employees ehall not become members of said Retirement System: CROSSING GUARDS PLEASE DO NOT SIGN "LAIBiT ONLY" 4. The fraction of final compensation to be provided for each year of cre- dited "prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2o at age 60 Full). 5. The fraction of final compensation to be- provided fog each year of cre- dited i- ior,and current service as a local-safety member shall be de- termined in accordance with Section 21252.6 of said Retirement Law (2k at age 55 Full) -. W'F 7. a. Paragraph 5 shall not apply to those local safety members who elect to continue under the provisions of Section 21252.1 within 90 days of this amendment to cjntract. The following additional provi §ions of the Public Employees' Retire- ment Law which apply only upon election of.a contracting agency shall apply to the Public Agency and its employees: a. Sections 21380 -21387 (1959 Survivors Program) excluding Section 21382.2 (lucreased 1959 Survivors benefits). i b. Sections 21263/21263.1 (Post- retirement survivor allowance) for local safety members only. c." Section 20862.8 (Unused sick leave credit). i d. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. e. Section 20024.2 (One -year final compensation). Public Agency, in accordance with Section 20740, Government Code, ceas- ed to be an "employer" for purposes of Chapter 6 of the Public Employ- ees' Retirement Law effective on June 1, T976. Accumulated contribu- tions of Piiblic'Agency as of the aforementioned date :shall :be fixed and determined as provided in :Section 20759., Government'Code,"and ac- cumulated contributions as of the aforementioned date and contribu- tions thereafter made shall be held by the Board as "provided in Sec- tion 20759, Government Code. Public Agency shall contribute to said Retirement $yatem as follows: a.. With xespect to miscellaneous members, the agency shall contri- bute the following.percentages of monthly•aalaries earned.as mia- cellaneous members of said Retirement System: '(1) 11.057:pereent until June 30, %2000 on account of the liability 'for current service '.benefi+ts. (2) 0.063 percent on account -of the liability for the 1959 Survivor Program. b. -With res �t to local safety members, the tency shal.l.contribute the folic wing percenta6Les of monthly salmis earned as local safety members of said Retirement System:* (1) 21.203 percent until June 30, 2000 on account of the liability for current service benefits. C. A reasonable amount, as fixed by the- Board,-payable in one instal - lment within 50 days of date of contract to cover the costs of ad- ministering said System as it affects the employees of Public Ag- ency, not including the costs of special valuations or of the per- iodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one instal- lment as the occasions arise, to cover the costs of special valua- tions on account of employees cif Public Agency, and costs of the periodic investigation and valuations required by law. 9. Contributions required.of Public Ageiscy and its employees shall be sub- ject to adjustment by Board on account of amendments to the Public Em- ployees" Retirement Law„ and on account of the experience under the Re- tirement System as determined by theiperiodic investigation. and valua- tion required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days af- ter the end of the period to which said contributions <refer or as may be prescribed by Board regulation. If more or less than the correct amount of' contributions is paid for any period, proper adjustment shall be made in connection With subsequent remittances, or adjust- ments on account of errors.in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks; money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the day of'. ,. 19. Witness our hands the day of - — BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF �iE i CITY4OF SAN LUIS OBISPO `C BY BY OO CARL J. BLECHINGER, EXECUTIVE OFFICER Presidin�fficer _ f Approved' as to form: Attest:: /C� 4 Margaret J. oehn, Le A61 Office, Date Clerk /f O PERS CON -702 -l�. 0 CERTIFICATION U GOVERNING BODY'S ACTION I hereby certify that. the foregoing is a true and correct copy of a Resolution adopted by the City Council (Governing Body) of the Name of Public Agency on April 5, 1983 (Date) appearing at Page Volume TT of the (Minutes) (Official Records) of the City Council (Governing Body) PERS- CON -12 (11177) r r 5r J17 CITY CLE or Secretary of a Board �a RESOLUTION NO. 5080 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION 4936, THE MANAGEMENT COMPENSATION PLAN, TO PROVIDE FOR MANAGEMENT COMPEN- SATION DURING FISCAL YEAR 1983 -84 WHEREAS, the City Council is desirous of continuing the Compensation Policy adopted by Resolution 4936 attached hereto as Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows. SECTION 1. The Management Salary Schedule included in Exhibit "A ", Section 1. is amended as follows: MANAGEMENT SALARY SCHEDULE - FISCAL YEAR 1983 -84 1983 -1984 Management Group Management Position Salary Range I City Administrative Officer $4,000 - $4,600 II City Attorney $3,700 - $4,300 III City Clerk $2,300 - $2,900 IV Public Services Director $3,400 - $4,000 Fire Chief Police Chief V City Engineer $3,000 - $3,600 Finance Director Community Dev. Director Utilities Manager VI Personnel Director $2,600 - $3,200 Recreation Director Asst. City Administrator SECTION 2. Any changes in actual salaries will continue to be determined in accordance with Exhibit "A!',-Sections 2 and 3 which shall remain unchanged. SECTION 3. The total cost parameters for compensation increases included in section 4 of Exhibit "A" shall be amended as follows: The total cost increase for management compensation in Management Groups IV through VI for fiscal year 1983 -84, shall not exceed in total 5.2% of the total existing year end compensation for Management in 1982 -83, excluding any new positions created subsequent to fiscal year 1982 -83 and excluding any Agency R 5080 I� Resolution No. 5080 (1983 Series) rate changes in P.E.R.S. The Management fringe benefits adopted by Council Resolution 4580 (1981 Series) Article II attached hereto as Exhibit "B" shall continue during fiscal year 1983 -84. On motion of Councilman Griffin and on the following roll call vote: , seconded by Councilman Settle f AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th April , 1983. ATTEST: 2,1,9 /i-� Ulf CLERK PAMELA OGES APPROVED: (Cu+O -r-- Q. City Administrative 0 ficerj City Attorney day of a � t • qORIL IE C. BILLIG Fi a Director a, Personnel Director 7 RESOLUTION NO. 4936'(1982 Series) 1 SEP 14 1982 EXHIBIT "A" A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A MANAGERIAL COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT. WHEREAS, the City Council is desirous of establishing a comprehensive Management Development and Compensation policy; and WHEREAS, the Council is committed to a compensation policy that strengthens the recruitment and retention of well- qualified and effective managerial staff; and WHEREAS; council determines that merit and performance shall be the basis for managerial compensation; and WHEREAS, Council recognizes that under Section 701 of the City Charter the selection, development, evaluation and level of compensation of certain individual departmental managers and immediate management staff is the responsibility of the City Administrative Officer. NOW, THEREFORE, BE IT RESOLVED by the Council of the City. of San Luis Obispo as follows: Section 1. A managerial salary plan is an important component of a comprehensive compensation policy. In order to remain competitive with the professional marketplace and promote merit and performance as the criteria for individual salary determinations, the following open -range Management Salary Schedule for fiscal year 1982 -83 is authorized: MANAGEMENT_SALARY SCHEDULE - .FISCAL YEAR 19.82 =83 1982 -83 Monthly Management Gib up Management_Position Salary _Range I City Administrative Officer $3800 — .$4400 II City Attorney $3500 - $4100 III City Clerk $2100,-.$2700 R 4036 i Resolution No.4936 4 Management Group IV V VI Management Position. Public Services Director Fire Chief Police Chief City Engineer Finance Director Community Dev. Director Personnel Director Recreation Director Asst. City Administrator (1982; Series) 1982 -83 Monthly Salary Range $3200 - $3800 $2800 - $3400 $2400 - $3000 Subsequent changes in any group salary range shall be authorized by Council resolution. Section 2. The City Council shall evaluate the performance of management staff in management groups I through III, and shall determine individual levels of salary within the designated ranges and under the criteria set forth in Section 1. Section 3. The City Administrative Officer is responsible for and shall be held accountable to the Council for the performance and evaluation of subordinate management staff. The City Administrative Officer shall evaluate and determine individual levels of salary for positions within management groups IV through VI in:accordance.with professional compensation principles and which reflect merit and performance as the standard and basis for managerial compensation. Such determinations shall be within the respective monthly salary ranges specified in Section •1 and may include increases, -Ao change or decreases in salary levels within the designated' range: Further, the City Administrative Officer is authorized to implement salary.level determination4 . by phases during a fiscal year (the first sentence of Section 2 of Resolution No. 4872 (1982 Series) is hereby superseded; in all other respects Resolution No. 4872 shall remain in full force and effect). Page 2. Resolution No. 4936(f�� `46 (1982 Series) Section 4. The total cost increase for management compensation in management groups IV through VI for fiscal year 1982 -83 shall not exceed in total 7.5% of the total existing year -end compensation for management in 1981 -82, excluding any new positions created subsequent to fiscal year 1981 -82. The management fringe benefits adopted by Council Resolution 4580 (1981 Series), Article II, marked Exhibit "A," shall be continued during fiscal year 1982 -83. 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 3lstday of August _; 1982. City Attorney Personnel Director Page 3 ` EXHIBIT " ;E' KESOLUTION NO. 4580 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT.. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows-: ARTICLE I Salary Provisions Employees covered,.by this resolution shall be paid at the monthly salaries listed below effective July 1, 1981: 1. Council -appointed employees City Administrator City Attorney City Clerk 2. City. Administrative Officer appointed City Engineer Director of Community Development Director of Public Services Director of Recreation Finance Director Fire Chief Personnel Director Police. Chief Assistant City Attorney /Assistant to the Administrator ARTICLE_II Benefits: $3,500 1,950 $2,750 3,000 3,300 2,400 2,900 3,150 2,200 3,500 2,200 Section A- Medical Insurance For medical insurance the city agrees to contribute an amount equal to the cost of providing medical insurance for management employees and their dependents. Such contribution shall be.spent first on employee coverage under an approved medical insurance plan and, second on dependent coverage. The city reserves R 4580 the right to choose the method of insuring and funding the benefit. Section B Eye Care The city agrees to contribute an amount equal to the cost of providing an approved eye care insurance plan for management employees and their dependents. Section C Dental Plan The city agrees to contribute an amount equal to the cost of providing an approved dental insurance plan for management employees and their dependents. Section D Unexpended Fringe-Benefit The city shall, pay to each management employee as soon as practicable prior to December 31, an annual lump sum payment (subject to appropriate taxation) .for the difference between the amounts provided under Sections A through C above, and any lesser sum expended by the employee for medical, eye care, and dental coverage for the period of July 1,1981, through December 31, 1981. Each employee shall be required to carry a minimum of medical, eye care, and dental insurance for self. Section E Life and Disability The city shall provide.the following special insurance benefits: 1. Long-term disability insurance providing 60% of gross salary to age 65 for any sickness'or accident after a 90 -day waiting period. 2.. $50,000 term life insurance including accidental death and dismemberment. 3 One -half of employee's health insurance premium %paid for retired. employees who elect to remain members of the city's group health plan. Section F Retirement The city agrees to provide the Public Employees' Retirement System's 2% -2- at age 60 plan to all eligible employees including the amendment permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit and one year final compensation. The police and fire chiefs shall receive the same retirement benefits as sworn Personnel in their department. The city further agrees.to implement a plan whereby the city will pay the I. employee's current contribution (percentage of salary effective 7 -1 -81) on behalf of the employee to P.E.R.S. These amounts paid by the city are employee contributions and are paid by the.city to satisfy the employee's I obligation to contribute the current percentage of salary to P.E.R.S. An employee has no option to receive the contributed amounts directly instead of having them.paid by the city to P.E.R.S. on behalf of the employee; It is further understood and agreed that the payment of the employee's P.E.R.S. contribution is made subject to I.R.S. approval and reporting p g procedures. Section--G Vacation Vacation leave is governed by Section 2708.7 of the Municipal Code except that it may be taken after the.completion of the sixth calendar month of service since the benefit date. Vacation. leave shall be accrued as earned each payroll period up to a maximum of twice the annual accrual rate. However, if the City Administrator determines that a management employee has been unable to take -vacation due to the press of city business, the City Administrator - I f may increase the accrual limits or once annually authorize payment for one =half of the excess accumulation up to1a.maximum of five (5) days. In addi[ion.to -- - vacation leave the City Administrator may grant up to five (5) days of` administrative leave to department heads for spw -.ial training or recuperation purposes. The 'City Attorney shall receive seventeen 07) days paid vocation ,I per year.. � I -3- I Section H Holidays The twelve (12) holidays as provided by M.O.U. for the general.employees' association shall apply to management personnel. Section Z Sick Leave Sick leave is governed by Section 2708.5 of the Municipal Code. An employee may take up to two (2) days per year of sick leave if required to be away from the job to personally care for a member of his /her immediate family as defined in Section 2708.5. This,may be extended to five (5) days per year if the family member.is part of the employee's household, and to seven (7) days if a household family member is hospitalized and the employee submits written verification'of such hospitalization. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated.sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (A) Death - 25% (B) Retirement and actual commencement of PERS benefits: (1) After ten (i0) years of continuous employment _ 10% (2) After twenty (20) .years of continuous employment - 15% Section J Workers' Compensation Leave An employee who is absent from duty because of on- the -job injury in accordance with the state workers' compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first ninety (90) business days: of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. -4 Section K Vehicle Assignment For those management personnel who require the use of an automobile on a regular 24 -hour basis to perform their normal duties, the city will, at city option, provide a city vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for city business beyond the three - county area (San Luis Obispo, Monterey and Santa Barbara) will be eligible for mileage reimbursement in accordance with standard city policy. On motion of Councilman Bond , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmember$ Bond, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 18th day of August 1981. ATTEST: CITY CLERK Pamela Voges r- Personnel Director -5- ��sa��/ �a��m�� -� G �' ��_, ., . , RESOLUTION NO. 5079 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE M.O.U. BETWEEN THE CITY AND S.L.O.P.O.A. ADOPTED BY RESOLUTION 4934 (1982. SERIES) TO INCLUDE NEGOTIATED AGREEMENTS ON OPEN ITEMS IN ACCORDANCE WITH ARTICLE XIX OF THE M.O.U. WHEREAS, the City Council did adopt and ratify the Memorandum of Understanding between the City of San Luis Obispo and the San Luis Obispo Police Officers Association for the period July 1, 1982 - June 30, 1984; (by Resolution No. 4934) and WHEREAS, the adopted M.O.U. contained a provision, Article XIX for reopening negotiations during the term of the agreement; and WHEREAS, the City and the Police Officers Association did meet and confer and all parties agree to the below listed changes; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. All employees covered by this agreement shall receive a 4.3% salary increase effective 1 July 1983. SECTION 2. Effective 1 July 1983, City agrees to contribute $210.89 per month for medical, dental, vision and life insurance for each regular full time employee covered by this agreement and continue to pay the total cost for said insurance coverage during the remaining term of this-agree- ment. All parties agree the eye care program will be provided byjMedical Eye Services of California, Inc. SECTION 3. All parties agree that if the unit average sick leave useage calculated for the period January 1981 through January 1983 is reduced by 25% between July 1, 1983 and June 30, 1984, each employee who used five (5) days, 40 hours, or less during July 1, 1983 through June 30, 1984 will receive one day, (8) hours, off. Such day off shall be granted R 5079 O Resolution No. 5079 (1983 Series) and must be used during the 1984 -85 fiscal year. If not used by June 30, 1985, the employee shall be paid for that day at straight time. SECTION 4. The City Clerk shall furnish a copy of this resolution to Frank Goodwin, President S.L.O.P.O.A.; Ann McKibbin, Personnel Director; Roger Neuman, Police Chief; and Rudy Muravez, Finance Director. On motion of Councilman Griffin and on the following roll call vote: , seconded by Councilman Settle AYES: Councilmember:.Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April , 1983. * * * * * * * * * * APPROVED: CLL..a -�-, City Administrative 0 ficer� /H414 City Attorney Director Finance �jt rif 9C41 rl Personnel Director Goodw,q (s! OPOA) ��Ysor217611 J /00 cam, Frr)CzZ7CG RESOLUTION NO. 5078 (1983 Series) RESCINDED A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION NO. 4608 AND ADOPTING REVISED POLICY GUIDELINES FOR THE AUTHORIZATION, ACCOUNTING AND REII�MURSMSM OF EXPENSES ASSOCIATED WITH OFFICIAL CITY TRAVEL WHEREAS, the City of San Luis Obispo reimburses its elected officials and employees for travel expenses incurred by them in the course of their official duties; and WHEREAS, the City adopted a policy regarding reimbursement for official travel, more specifically known as "Travel Guidelines of the City of San Luis Obispo ", effective *fay 10, 1976; and WHEREAS, the City desires to update the guidelines to reflect current conditions and improve current procedures; NOW THEREFORE, BE IT RESOLVED that Resolution 4608 is hereby rescinded; the revised Travel Guidelines of the City of San Luis Obispo dated April 5; 1983, are hereby adopted to provide policy direction and procedures to All departments for the authorization, accounting and reimbursement of. travel expenses; and reimbursement for travel expenses shall be paid, specifically, as follows: A. Per diem for meals and miscellaneous expenses - $28.00. 1. $4.00 breakfast 2. $7.00 lunch 3. $12.00 dinner 4.. $5.00 miscellaneous expenses B. Alternative per diem for meals and miscellaneous I expenses - $44.00 (to be authorized by the City Administrative Officer when, in his discretion, such rates are required to reimburse reasonable travel costs incurred for official business). 1. $6.00 breakfast 2. $9.00 lunch RESCINDED ' _ - R 5078 0 0 3. $16.00 dinner 4.. $13.00 miscellaneous expenses C.. Use of personal automobile. The City shall reimburse an employee or elected official for use of his /her private automobile for purposes of official travel at the rate of 23( per mile. The use of a private automobile for official travel shall be approved by the Appropriate Department Head. No reimbursement shall be paid.for the use of a private automobile which is not authorized. D. Lodging. The City shall reimburse employees and elected officials.for the cost of any lodging which is required of said official or employee in the course of their official duties. Such reimbursement shall be sufficient to pay the actual cost of a single room plus any applicable taxes. E. Participation of Spouse. When the elected official or,employee is attending a conference where said official's or employee's spouse is expected to attend, the City Administrative Officer may authorize funds sufficient to cover the cost of a double room. All other expenses related to the participation of an official's or employee's spouse shall be paid by the.official or. employee.,_The City shall pay the full cost of a double room for both elected officials and employees attending the annual League of California Cities Conference. F: Credit Cards. cards: The Finance Department shall be directed to maintain the following credit 1. One Avis credit card to be used for reserving rental cars and for payment of all charges incurred for rental of automobiles. 2. Five Master Charge cards, one each in the name of each Council member and the Mayor, to be used for charging hotel accommodations. Such cards shall not -2- be used for any purpose other than payment of the actual cost of the hotel room and any applicable taxes. Actual cost of the hotel room shall be determined from the hotel receipt, which shall be delivered to the City Clerk's Office by the city official making use of the Master Charge card. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April 1983. ATTEST v City Clerk Pamela V VP s APPROVED: # �yQ City Administrative Offi er ; -3- GUIDELINES FOR TRAVELING ON OFFICIAL CITY.BUSINESS INTRODUCTION This booklet sets rules and procedures for - official; out -of- town, city travel. Every city official and employee who travels on city business, or who supervises others who do, is responsible for knowing and following these guidelines. The booklet is divided into four parts: 1. Planning an official trip. 2. Travel authorizations and requests for money in advance. 3. Making the trip. 4. Accounting for expenses. The key document in the administrative process is the Travel Expense Report. It is used as a travel authorization form, a request for money or payment.in advance, and a report of actual expenses. Detailed instructions for completion of the report, and an illustrated example, are also included, in this booklet. The basic rule of official travel is reasonable economy. In other words, city officials and employees should not make a trip at city expense unless it is justified and in the .best interest of the city. When official city travel is justified, it should be done as economically as possible while also giving maximum benefit to the city: The.basid_standard.-does not,require. the cheapest possible accommodations, or means of transportation, nor does it mean the,.trabeler can only eat the. cheapest fast -food meals. A bus or a.trai.n may.be less expensive than a plane; but the added time a traveler - spends away from work can make these . slower means of transportation more expensive to the city overall. Regarding meals, the per diem 'allowances provide enough money to eat in moderately priced restaurants. In all areas, not just economy, the city traveler is responsible for exercising good judgment in requesting, arranging and making a trip. It should be thoroughly planned, well in advance. Personal business should not be mixed with official business if it will cost the city anything in dollars or loss time, or if it will harm the city's interests in any way. -1- PART 1. PLANNING AN OFFICIAL TRIP How will you travel? When you plan how you will travel, consider all aspects of the cost to the city (e.g., daily expenses, overtime, lost work time), as well as actual transportation costs. Common carrier is preferred. You should use an intercity bus, train or airplane unless it is determined to be to the city's advantage to have you drive. You must travel economy class, unless there is a valid reason for using another class. If you will be driving, you should use a city vehicle if one is available, and you will be issued a city credit card to purchase gasoline. If a city vehicle is not available, or there is another reason why you should drive your personal car, you may do so with the prior written approval of your Department Head. (see 'Travel Authorization' below) You will be reimbursed at the rate specified in the current Council resolution regarding travel reimbursement. Intercity mileage will be verified using charts located in the Administration Office. If you rent a car, and the rental is justified, you will be reimbursed when you return. To drive a privately owned vehicle on city business you must: - Have a valid California driver's license - Have automobile liability insurance coverage of, at least, $50,000 per person; $150,000 per accident; $25,000 property damage. - Realize that any damage to the car, needed service, or repair occurring on the trip will be your responsibility, with no reimbursement from the city. For traveling around, once you get to your destination, feel free to use public transit facilities, such as buses, streetcars and subways. You will be reimbursed for these expenses. You will be reimbursed for taxis only when public transit, common carrier, city car or airport limousines are not available. Taxis will only be reimbursed to a maximum of $20.00 per ride, including tip. When will you zo? By what route? Your trip should be scheduled so that you leave at the latest reasonable hour and arrive at your destination on time. You should also return promptly when your business is finished, thereby minimizing the time away from work and ensuring full reimbursement of all related expenses. -2- Travel should be via the most direct, and usually traveled, routes. Other routes may be authorized when official business requires their use. If you take an indirect route; make a stopover without authorization, or stop along the way f op. .'personal reasons, you w lh not.be reimbursed for related expenses. Where will you stay? The accommodations you use should be economical, but practical. This means every effort should be made to stay in.an economical hotel, however that is not always practical, and the city will pay for a more expensive room when necessary. For example, it is desirable to 'stay in the hotel where a conference is being held, but that hotel may be isolated, or more expensive than others in the area. In this case the city would pay the additional expense. But, basically, the city will not pay for an expensive hotel if a reasonable, more economical, alternative exists. If you have a question about the use of a particular hotel, obtain the concurrence,or direct -ion from your Department Head before making a reservation. Usually, the city will pay the cost of a single room (including - taxes) for as many nights as necessary. With prior written approval for the participation of your spouse (see 'Travel Authorization' below) the.city will pay for a double room. Should you make advance reservations? Whenever possible, you.should make reservations in advance. They are often required for large conferences. If a credit card number is needed to hold a reservation, you can use the,,city,credit card number', but no . payments or purchases can be.- made.with the card. Be sure to cancel any. reservations you will not use. If the city is charged for an unused reservatio ., you -.will pay that charge. PART 2. TRAVEL AUTHORIZATIONS AND REQUESTS FOR MONEY IN ADVANCE The City Administrative Officer has the authority to approve all travel. In most cases, however, department heads will approve travel plans for members of their departments and themselves. Only the C.A.O. may approve reimbursement for the participation of spouses in official travel. The 'Travel Authorization' section of the Travel Expense Report, should be completed before you travel. If you need cash in advance or a direct payment (see below) the 'Request for Cash Advance /Direct Payment' section should also be completed. The completed report (all copies) should be -3- submitted to your Department Head as far in advance as possible. The second and third pages will be returned; you will need them to complete the 'Expense Report' section when you return and account for all expenses. The 'Travel Authorization' section will be the standard form used for all official trips. Officials who approve trips are responsible for determining that the cost is reasonable and justified by the trip's purpose. They should be certain that: 1. The purpose cannot be accomplished using mail or the telephone. 2. The minimum number of paople needed are going. 3. The itinerary ensures effective accomplishment of the purpose at the lowest reasonable cost. 4. The traveler understands and follows these guidelines. 5. There is enough money in the appropriate travel budget to cover the costs. Requests for money in advance The city will pay all legitimate expenses of your trip. That includes transportation, lodging, registration fees for conferences, and a "per diem" allowance for meals and other miscellaneous expenses - -if they are for official business and fit within these guidelines. You may pay your own way and file an expense report when you return, or you may request money in advance from the Finance Department. If you prefer to get city money in advance, there are two basic ways to do it: "direct payment" and "cash advance ". Direct payments are advance payments, made by the city to an organization, to pay for some specific costs related to a trip; usually conference or seminar registration fees, hotels and airlines. Cash advances are lump sum payments made to employees before they travel, based on estimated costs, and used to cover expenses as they arise on the trip. If you request a cash advance, whoever authorizes your trip must review the amount to be sure it is reasonable. When you return, you account for all expenses, and return the unused portion of the advance. You will be reimbursed the difference if actual, authorized expenses exceed the amount advanced. To obtain either a direct payment or a cash advance, you must complete the 'Request for Cash Advance /Direct Payment' section of the Travel Expense Report at the same time you complete the 'Travel Authorization' section. -4- The completed report (all copies) should be submitted to your Department Head as far in advance as possible. The second and third pages will be returned; you will need them to complete the 'Expense Report' section when you return and account for all expenses. The request should have a completed voucher attached for each requested payment, including an advance, if any. To determine the amount of money to request for a cash advance, reference the 'Expense Report' section of the Travel Expense Report. Estimate the expenses in each category based upon the distance, duration and rates of reimbursement relating to your trip. The reimbursement rate for use of a personal vehicle, and the per diem allowance for meals and miscellaneous expenses, can be found in the most current Council resolution pertaining to travel reimbursement. You should be able to accurately forecast your travel expenses. Advance requests in excess of reasonable estimations of expenses will be refused. PART 3. MAKING THE TRIP There are two important rules to remember about making an official trip: 1. Keep it official. 2. Keep receipts for all expenses not covered by your per diem allowance. Keeping it official If you take time away from official business for personal matters, or if you delay your return after completing your business, you will not be reimbursed for expenses during that time. If you are an employee, the time will be counted as vacation or leave without pay. If you get sick, in most cases you will be reimbursed for expenses until you are able to return home. You should notify your department if you become ill. For employees, the time will be counted as sick leave, and the normal sick leave rules will apply, including submission of a doctor's statement if the illness lasts more than five days. Special approval is required to extend the sick leave beyond 14 days. Keeping receipts No reimbursement will be made for an expense unless you have a receipt for it. Be sure to get receipts for lodging and transportation not paid in -5- advance by direct payment. For taxis, airport limousines, public transit, rented cars, telegrams, parking fees, tolls, registration fees, and unusual but necessary expenses, you will be reimbursed over and above your per diem allowance, if receipts are submitted. You are expected to pay other, routine, incidental expenses out of your per diem. You should keep a record of official telephone calls, showing the date, the party called, and the charge for each call. For meals, you do not need to keep receipts, or account for them individually, because you will pay for them out of your fixed per diem allowance. If you spend more on meals than your approved per diem, you will not be reimbursed for the difference. In calculating your per diem allowances, the following rules must be followed: - If you depart after 8:00 a.m., deduct the breakfast allowance for that day. - If you depart after 2:00 p.m., deduct the breakfast and lunch allowances for that day. - If you depart after 8:00 p.m., deduct all meal allowances and only claim the miscellaneous allowance for that day. - If you return after 8:00 p.m., you may claim the full per diem allowance for that day. - If you return between 2:00 p.m. and 8:00 p.m., you may claim the breakfast,, lunch, and miscellaneous allowances. - If you return between 8:00 a.m. and 2:00 p.m., you may claim the breakfast and miscellaneous allowances. - If you return before 8:00 a.m., you may only claim the miscellaneous allowance. - If meals are provided without charge at a meeting or while in transit, appropriate deduction must be made from the per diem allowance. PART 4. ACCOUNTING FOR EXPENSES When you return from your trip, a final accounting of all expenses must be approved by your Department Head and submitted to the Finance Department within five working days. An expense report is required in all cases, whether you broke even on your cash advance, you are due additional reimbursement, or you need to return some city money. The final accounting is made by completing the 'Expense Report' section of the Travel Expense Report. All expenses should be listed, even if they were paid directly, in advance, by the Finance Department. Meals and expenses paid out of the per diem allowance do not need to .be listed individually. Detailed instructions for completion of the expense report are provided in the following section. Required receipts should be attached to the expense report form, you should sign the report, attesting to its accuracy, attach a check if you owe the city, and submit both copies to your Department Head. Officials approving expense reports are responsible to ensure that: 1. All reported expenses are reasonable, necessary and within the limits of these guidelines. 2. Receipts are attached for all expenditures requiring same for reimbursement. 3. Any non - receipt type document of expense (e.g., record of telephone calls) is reviewed and signed. 4. The final disposition is correct (e.g., balance due employee; balance due city) and a check is attached for any amount due the city. 5. Final accounting of all expenses is submitted to Finance Department. -7- TRAVEL EXPENSE REIMBURSEMENT SUMMARY OF ALLOWANCES FOR: TRANSPORTATION Airplanes, airport limousines, buses, trains, public- transit, etc: City car Private car Rented car Taxis Tolls, parking fees THE CITY WILL PAY: Cost, if you have receipts Use a city credit'card-for gas, oil, and any necessary repairs or service Amount. per mile specified.in current Council resolution on travel reimbursement, when approved_ by Department Head. Inter- city mileage based on charts in Administration Office Cost, if justified and if you have a receipt Cost (including tip), with receipt, up to $20 /ride, if city car., public transit, airport limousine or common carrier is hot available Cost, with receipts LODGING Single room Cost, if it meets the "reasonably economical" test and. you have'a.receipt .Double room. - Cost, if, .reasonably- economical, * -the city' administrator has. authorized: your spouse to go, and you Have a receipt i4EALs AND MISCELLANEOUS EXPENSES OTHER:EXPENSES Registration fees Telephone calls, telegrams Other routine expenses not listed Per diem allowance: Refer to current Council resolution on travel reimbursement for amounts' Cost, with receipt Cost, with receipt (or approved record) To be paid out of per diem Large, unusual expenses Cost, if justified, with receipt ^4� city san WI s 0131 spc -� TRAVEL EXPENSE REPORT 15-M ;lame (Print) O Depnrement O 1 TRAVEL AUTHORIZATION Destination O3 Purpose of Trip (include e, a date and time of official meeting, confareae etc.) 4 SLO Depgzpure Date DepattTime SLO Rec{�n Date. U BetuO Travel Approval Date Use of Personal Vehicle Approval Date Participation of Spout /�,,( \pproval Date `C7 EST FOR CASH ADVANCE /DIRECT PAM1ENTS Pin—cc Department Approval Date vance to Employee /City Official: rDirect Date Needed 12 . Amount 1© Voucher No. O4 Payment to: 15 emu+ �6 Vouches 7 Payment To: 15 Amo � Vo ucher 1 EXPENSE REPORT Date Preps ed Employee Signature 9 S LESS DIRECT TOTAL EXPENSE ITEM TOTAL E aMM PAYZMnS /Cirf CRASCED UP. CASH EXPENSES 23 Registration /Tuition p 1 2 24 Transportation (fare; or personal vehicle _ miles @ _c): 25 Lodging Brealtfnat (e) @ $ - $ 26 Per Diem Lunch(") @ $ - $ Dinner (a) @ $ - $ Day(s) Rise. Exp. @ $ - $ TOTAL Other Expenses $ s 27 s s s TOTAL Totals Q 29 Q Department Approval Finance Department Verification /Approval Check One Box Only: Cash Advance 1 34 Balan ue City 3 E] Balane Employee Alternative Per Diem Approval 35 Balance 2 Receipts must be attached for all expenses other than per diem meals and personal vehicle mileage. EXPENSE REPORT INSTRUCTIONS FOR COMPLETING TRAVEL EXPENSE REPORT ONAME. Print name of employee.or city official for which this report is being submitted. _ O DEPARTMENT.. Enter department or city organization to which employee / official belongs. TRAVEL AUTHORIZATION. This section. "shall be completed before a trip is made. Required approvals shall.be obtained and the original completed form shall be submitted. to Finance Department: Copies shall be retained by employee pending completion of Expense Report section, following the trip. ! ODESTINATION. Enter city and state to which employee /official will be traveling. 4O PURPOSE OF TRIP, State the specific function for which this travel is authorized, including date aind time of official meeting, seminar, conference, etc.: O5 - 8O DEPARTURE AND RETURN. Enter dates and times that employee will leave from, and return to, work or home: O9 TRAVEL APPROVAL. Signature and date of approval. For employees, travel shall be approved by their Department Head. USE OF O Signature approval. 10 Use of personal vehicle shallVbe.approveduby the Department Head, 11 PARTICIPATION OF SPOUSE APPROVAL. Signature and date of approval. Participation by spouses shall be approved by the C.A.O. REQUEST FOR.CASH ADVANCE /DIRECT - PAYMENTS. This section should be completed y with' --- - and submitted concurrent) with the- travel authorization section whenever the employee requires an advance of money to cover cash expenses, or whenever some expenses (e.g., registrations, tuitions) can be paid in advance. The completed form should.be submitted to the Finance Department with vouchers and applications /invoices attached. 12 DATE NEEDED. Enter the date by which the employee needs to receive a cash advance. 13 AMOUNT. Enter amount of cash advance required, based upon an estimate of travel expenses. 14 VOUCHER NO. Enter number of voucher requesting cash advance. lb DIRECT PAYMENT TO. Name and address to which requested direct payment should be sent. 16 AMOUNT. Enter amount of direct payment to be sent. 17 VOUCHER NO. Enter number of voucher requesting direct payment. EXPENSE REPORT. This section shall be completed and signed by the employee upon returning from the trip. All expenses should be reported on the lit and #3 copies of the report form. All receipts should be attached to the lit copy and submitted to the Finance Department following approval of the Department Head. The #3 copy should be retained in the department. 18 DATE PREPARED. Enter date the employee completes the expense report section of the form. 19 EMPLOYEE SIGNATURE. Employee shall sign expense report, attesting to its accurate accounting of applicable expenses incurred while traveling on city business. 20 TOTAL EXPENSES. The total amount of money expended for a particular expense item, whether it was paid by the employee, charged to the city, paid in advance, or any combination thereof. 21 LESS DIRECT PAYMENTS AND CITY CHARGED EXPENSES. The portion of item 1120 charged to the city or paid directly by the city, if any. 22 TOTAL CASH EXPENSES. The difference between items 1120 and 1121. This amount should reflect cash expenses paid by the employee. 23 TUITION /REGISTRATION. Report expenses for registration in training programs, seminars, conferences, etc. 24 TRANSPORTATION. Report amount of airfare, railroad fare, etc. (including tax) or mileage allowance if personal vehicle was used. 25 LODGING. Report expenses for hotel /motel including taxes. 26 PER DIEM. Enter the number of each type meal which was purchased by employee, and the number of days for which miscellaneous expense money is allowed. Multiply those quantities by the current per diem allowances to determine the total per diem expense allowance. Report that amount as the total expense. 27 OTHER EXPENSES. Itemize, and attach receipts for any other expenses incurred and which were related to city business (e.g., telephone calls, parking, tolls, etc.) Combine these other expenses and report the sum as the total expense. 28 TOTAL EXPENSES. The total of all entries in the total expenses column. This amount should accurately reflect all expenses related to the trip. 29 LESS CITY CHARGED EXPENSES. The total of all entries in the column, reflecting all expenses charged to the city or paid directly by the city. 30 TOTAL CASH EXPENSES. The difference between items 1128 and 1129, reflecting the total cash expenses paid by the employee. 31 CASH ADVANCE. The amount of money advanced to the employee before the trip, if any. 32 BALANCE. The difference between items 1130 and 1131. -2- 33 BALANCE DUE. If item 1131 is due to be paid back to the balance (item 1132) is over and above the amount city, the employee should report. is greater than item 1130, the balance (item 1132) the city. If item 1131 is less than item 1130, due to be paid to the employee for expenses of the advance. If the balance is due the attach a check and submit it with the expense 34 DEPARTMENT APPROVAL. Signature verifying and supporting employee's/ official's report of expenses. For employees, the Department Head shall approve expense reports, and sign all 'non- receipt' documents of expense. 35 ALTERNATIVE PER DIEM APPROVAL. C.A.O. shall approve the application of increased per diem allowances. ��illti( ill! IIlilllljl�� ,hI��IIIIIIIII IIIII� C ty sun tins OBIspC EXPENSE RE PORT .ra �_•�� TRAVEL Name (Print) -. Department 9oN FERGUSON RECREf1T10M TRAVEL AUTHORIZATION Destination I Si9N FRANCISCO C A. Purpose of Trip (include date and time of official mating. conference. ate.) (ASV13A SEMINAR om Vo1.1.EY6RLL LEAGUES 'a:00rM'1 -6'�p3 Te NooN•1 -10 -83 SLO Departure Date Departure Time SLO Return Date Return Time Travel Approval Date F,r�cat 1-6 -83 9:00,41 1 -10.83 S:OOPM 12 -20 -82 Use of Personal Vehicle Approval Date Particlpa ion of Spouse Approval Date Erna.'* la -ao -Sa 1a3% Receipts must be attached tar all expen.ea Omer cnan per aim meals can personei venicie masaasa• r"E.NSG Ktl'UNI Finance Department Approval Date REQUEST FOR CASH ADVANCE /DIRECT PAYMENTS 12 -23 -Sa Crib Advance to Employee /City Offieisl: Date Needed Amount 13oo.00 Voucher tic. 123tiS' LESS DIRECT 1-3-83 EXPENSE ITEM! EXPENSE Direct Payment to: 9Sft2 Amount Voucher No. U.S. VOLLEYBALL hJSOUAT10AJ 3 ►O MARKET -Cr, SqN FRAWtsco C01 1So.00 1a3% Direct Payment To: Amount Voucher No. Receipts must be attached tar all expen.ea Omer cnan per aim meals can personei venicie masaasa• r"E.NSG Ktl'UNI Date Prepared Employee Signature EXPENSE REPORT 1 -13 -83 �st„ LESS DIRECT TOTAL EXPENSE ITEM! EXPENSE PAMENTS /CITY ECASH XPENSES. TOTAL EXPENSE CHARGED W. Registration /Tuition 100.00 150.00 •e- p 0 Transportation (fare; or personal vehicle 0 mile. @A3 t): 12y.20 Lodging 160.00 -e' 160.00 7 Rra.kimc(.) @ S7•o� - S arG.00 Per Diem 5 Lucah(") @ 07.00 - s3!-00 Dinner(a) @ S 12.0o - syS.0G Day(s) Misc. Exp. @ $S-00 - 5-2500 181ttlf .00 -B- 12&1.00 TOTAL Other Expenses 14FIfE " 011 re kEc.1161'r s 1.7s 614196E To LL S l.00 5 s S TOTAL 01.7S h Totals 560.95 ISo.00 y1o.9t Department Approval Finance Department Verification /Approval Check One Box Only: e 1/-�_ 1 -13 -83 Balance Due City XBalanee Due Employee Cash Advance 900'00 Altard9tive Per Diem Approval Balance I 10.40 Receipts must be attached tar all expen.ea Omer cnan per aim meals can personei venicie masaasa• r"E.NSG Ktl'UNI TRAVEL EXPENSE REPORT 411 Original: Used for travel authorization and request for cash advance /direct payments. Submitted to Finance. Department with completed payment vouchers. 111 Original Copy 412: Used for final accounting of all travel expenses submitted to Finance Department with all required receipts attached. Copy 413: Retained in department file as record of travel authorization, advance payments, and expenses. TRAVEL EXPENSE REPORTING PROCEDURE RESPONSIBILITY ACTION Employee /Official 1. Identify need for official travel 2. Plan itinerary, transportation and accommodations.. 3. Complete 'Travel Authorization' section, and 'Request for Cash Advance /Direct Payment' section if necessary. Attach payment voucher for each direct payment and advance requested. 4. Submit completed authorization /request (all pages) and payment vouchers to Department Head. Department Head S. Review travel authorization and request for advance /direct payment for conformity to city travel guidelines and department priorities. 6. Verify that enough money exists in the appropriate travel budget to cover all costs. 7. Sign 'travel approval' section, and obtain approvals for personal vehicle use or participation of spouse, if necessary. 8. Submit original (top sheet) travel authorization /request for cash advance/ direct payment and payment vouchers to Finance Department. 9. Return expense report (pages 2 and 3) to employee /official making trip. Finance Department 10. Review and approve request for cash advance /direct payment. 11. Make direct payment(s) to requested organization(s) and /or provide cash advance to employee /official. 12. Suspense file authorization /request and payment vouchers for follow -up. Employee /Official 13. Upon completion of travel, submit expense report, accounting for all expenses related to the trip, to the Department Head. a) Attach required receipts for expense b) Attach check, if unused portion of - — cash advance is due the city c) Sign report, attesting to its accuracy Department Head 14. Review expense report for conformity to city travel guidelines. a) Sign non - receipt documents of expense b) Verify correct balance and disposition c) Sign department approval section and obtain approval for alternative per diem, if necessary. 15. Submit expense report, receipts and check for balance if required, to the Finance Director. 16. Retain copy for department records. Finance Department 17. Review and verify expense report, advance balance, and final disposition. 18. Receive unused portion of cash advance into appropriate travel account, or reimburse employee for expenses over and above advance amount. t�& � r- Z J _X-- V \� RESOLUTION NO. -5077 (1983 Series) A RESOLUTION OF THE.COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO EXECUTE STORM DRAIN QUITCLAIM DEEDS FOR 2404 AND 2412 AUGUSTA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby determines that-the storm drain easement within Parcels A and B as shown on Parcel Map recorded in Book 2 of Parcel Maps at Page 79, are not needed pursuant to a replacement easement and authorizes the Mayor to sign the quitclaim deeds. On motion of Councilman Griffin ,.seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle '," Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April , 1983. ;kq APPRO City Administrative Officer City Attorney Community Development Director City Ehgineer R 5077 f (Curpurali, III STATE OI;�)LIFORNIA ) COUNTY ()Ir/ San Luis Obispo 1 SS. On April 13, 1983 before h said State, personally appeared Melanie C. Bill. personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed W the within instrument as the Mayor W F-h- 4UFRt, and Pamela Voges 4 personally known ro me or proved to me on the basis of satisfactory evidence to be m th erso wh executed the within instru�� Gei _y �11eR of the C p & �l that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official sea]. Signature QUITCLAIM DEED 5W AND TRUST {� wnCOn COMPANY file, the undersigned, a Notary Public in and foi 7•`•�'�" OFFICIAL SEAL MARILYN PERRY '• NOTARY i'UCUC—CP.LIFORNIA PRINCIF7,l. 0' FICE IN SAN LUIS 03!SPO COUNTY MyCommission Expires Aug, 12, 1983 (This area for official notarial seal) APN 03- 693 -42 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of San Luis Obispo, A municipal corportion :roes hereby REMISE, RELEASE AND FOREVER QUITCLAIM to John Mottman, and Wendy Mottman ;he real property in the City of San Luis Obispo County of San Luis Obispo State of California, described as that portion of a drainage easement 8' wide shown on Parcel A of parcel map S.L.O. 68 -37 Recorded in Book 2 of Parcel Maps on page 79 on May 17, 1968 in the office of the County Recorder in the County of San Luis Obispo and described as follows: Beginning at the most Northerly corner of parcel A of said parcel map, thence South 36' 23' East 32.76 feet to the True Point of Beginning, said point being the centerline of an 8 foot wide drainage easement, thence along said centerline South 49' 36' West 62.68 feet more or less to the Southwesterly boundary line of said parcel A. Excluding therefrom that portion which is overlying and coincident with that certain storm drain easement recorded August 15, 1979-in Volume 2177 page 851 of Official Records of said San Luis Obispo County. (End of Description) CITYJAV SAN LUIS OBISPO C ` Dated April 13, 1983 STATE OF CALIFORNIA 1 Y ANI C. B COUNTY OF ss. -- ATTE On - - -- - -- - -- -- before me, the undersigned, a Notary Public in and for said _ State, personally appeared CI CLERK PAMELA known to me to be the person _ whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Sig..ature _ G (I'M is area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE L 1085(10/69) ' (Cnrpru'atinn) _ S'fA'f1: OL1,IPORINIA COUNTY OP San Luis Obispo 1 W a W s W J IL Im Y SS On April 13, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared rielanie C. Bill personally known to me or proved to me on the basis of satisfactory evidence to be the Person who executed the within instrument as the Mayor Rr*Hiir2ril`€,and Pamela oges personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the City Clerk S(K -&€" of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. r Signature �� /iJ AND TRUST (This area for official notarial seal) SlgnaruOc of Declarant or Agant tlatermining tax -- Firm N:Ime QUITCLAIM DEED APN 037693 -43 =0R A VALUABLE CONSIDERATION, receipt of which is hereby ackmw0edyed. the City of San Luis Obispo, a municipal corporation. ;foes hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Robert A. Farrell and Dennis M. Gilbert rea; prc;�erty in the City of San Luis Obispo County of San Luis Obispo State of California, described as that portion of a drainage easement 8' wide shown on Parcel B of parcel map S.L.O. 68 -37 Recorded in Book 2 of Parcel Maps on page 79 on May 17, 1968 in the office of the County Recorder in the County of San Luis Obispo, the centerline of which is described as follows: Beginning at the most Northerly corner of parcel A of.said parcel map, thence South 36' 23' East 32.76 feet to a point, said point being the centerline of an 8 foot wide drainage easement, thence along said centerline South 49' 36' West 62.68 feet to the True Point of Beginning of this portion of easement being quitclaimed in this. document; thence South 49' 36' West 62.65 feet more or less to the Southwesterly boundary line of said Parcel B. Excluding therefrom that portion which is overlying and coincident with that certain storm drain easement recorded August 15, 1979 in Volume 2177 page 851 of Official Records of said San Luis Obispo County. (End of Description) C SAN LUIS OBISPO April 13, 1983 STATE OF CALIFORNIA I 1AY R ANIE C. BIL IG .OUNTY OF I S5. _._--- . ATTES . On- ---- ---- ---- -- -- -- — before me. the undersigned, a Notary Public in and for said -.ate. Personally appeared_._. ._. .. ____ CITY CLERK P LA V S +,nown to me to be the person __ whose name subscribed to the within instrument and acknowledged that C.NKLI led the same. WITNESS my hand and official seal. Signature __ - -_. -_ _ ___._._.. _ .. _ (i his area for ofticial notarial seal) 1085(10/59) "..AIL TAX STATEMENTS AS DIRECTED ABOVE OFFICIAL SEAL MARILYN PERRY NOTARY pL1OLIr.Cp.LIF0RNIA P.%;NC;P,tL OFF:CE IN My Commission SAN LUIS OLI;SPO COUNTY Expires Aug. 12, 1953 (This area for official notarial seal) SlgnaruOc of Declarant or Agant tlatermining tax -- Firm N:Ime QUITCLAIM DEED APN 037693 -43 =0R A VALUABLE CONSIDERATION, receipt of which is hereby ackmw0edyed. the City of San Luis Obispo, a municipal corporation. ;foes hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Robert A. Farrell and Dennis M. Gilbert rea; prc;�erty in the City of San Luis Obispo County of San Luis Obispo State of California, described as that portion of a drainage easement 8' wide shown on Parcel B of parcel map S.L.O. 68 -37 Recorded in Book 2 of Parcel Maps on page 79 on May 17, 1968 in the office of the County Recorder in the County of San Luis Obispo, the centerline of which is described as follows: Beginning at the most Northerly corner of parcel A of.said parcel map, thence South 36' 23' East 32.76 feet to a point, said point being the centerline of an 8 foot wide drainage easement, thence along said centerline South 49' 36' West 62.68 feet to the True Point of Beginning of this portion of easement being quitclaimed in this. document; thence South 49' 36' West 62.65 feet more or less to the Southwesterly boundary line of said Parcel B. Excluding therefrom that portion which is overlying and coincident with that certain storm drain easement recorded August 15, 1979 in Volume 2177 page 851 of Official Records of said San Luis Obispo County. (End of Description) C SAN LUIS OBISPO April 13, 1983 STATE OF CALIFORNIA I 1AY R ANIE C. BIL IG .OUNTY OF I S5. _._--- . ATTES . On- ---- ---- ---- -- -- -- — before me. the undersigned, a Notary Public in and for said -.ate. Personally appeared_._. ._. .. ____ CITY CLERK P LA V S +,nown to me to be the person __ whose name subscribed to the within instrument and acknowledged that C.NKLI led the same. WITNESS my hand and official seal. Signature __ - -_. -_ _ ___._._.. _ .. _ (i his area for ofticial notarial seal) 1085(10/59) "..AIL TAX STATEMENTS AS DIRECTED ABOVE u ` 2 7fo I Prey nin9 L I Arue 9 i n+ o� 8e9inn ►n9 i i 4 3(n °23'� 132.0 �j- 9 17.13 0 s 3 (o°23'E Ip =20 94.67 i OF to WIDE STORM t>12NW �AS�t"1� -PlT PER 21'7'1 oR 851 I _ k.' l �I O 0 ) N I: to in j 3a j 21.30 3(n °23'� 132.0 �j- 5 23'E 90.50 usTA sT. XieL4 70 C3c 1 r S .City of �a� san tins OBISPO fa"ft 720 C-, +y 4 San Lu;�s Obispo Qu itc Ica -Arn of Sform D raln Ease m e n+ +0 ROBERT A. FRRR ELL t) E. W N t S M. C'J L 5 E R-T C - + >- g3 ,rn s 3 (o°23'E Ip =20 94.67 i OF to WIDE STORM t>12NW �AS�t"1� -PlT PER 21'7'1 oR 851 _ s O ) to 5 23'E 90.50 usTA sT. XieL4 70 C3c 1 r S .City of �a� san tins OBISPO fa"ft 720 C-, +y 4 San Lu;�s Obispo Qu itc Ica -Arn of Sform D raln Ease m e n+ +0 ROBERT A. FRRR ELL t) E. W N t S M. C'J L 5 E R-T C - + >- g3 III R 0 h Z c W th N to q 6 17.13 0 23 "� 132_oc 9 9 24 y �4 rue- hoin+ c4' beginning 2/.50 ^(J G uSTA ST 7-0 4e:�5" yrr &q -city of r san WI s OBI spo i Cl+y 4 San Lu:►s Ob�lspo Quitc.laaM of Storm Dralrl Ease m e n+ +0 JOHN MoTTMAN and q WE" v>/ M OTTI" (AM OT 1�1" I� .� •. • .• • •• in I I -Ilk 3(o°?-3'e ° =2o 94.67 I OF to WIDE STORM DRA W E,ASEMF-NT Pete 21-77 OR-851 _ o U) I 'a 5 310 °23' E 90.50 ^(J G uSTA ST 7-0 4e:�5" yrr &q -city of r san WI s OBI spo i Cl+y 4 San Lu:►s Ob�lspo Quitc.laaM of Storm Dralrl Ease m e n+ +0 JOHN MoTTMAN and q WE" v>/ M OTTI" (AM OT 1�1" I� !. '70 1 ti o 1 sae O � { X1`'4 v > ' �14 �- 01 n _ STOrE'%Y/ ,O RWAI jE 5E/YI6"N TS cq,,Io MEETING DATE: IIIIAII�I city 0 San L- ..1SpOB�SPO April 5, 1983 COUNCIL AGENDA REPORT ITEM MB FROM: Wayne A. Pete Prepared By: Gerald W. Kenny City Engineer Supervising Civil Eng neer SUBJECT: A Resolution to Quitclaim a Portion of a Storm Drain Easement at 2404 and 2412 Augusta Street(Requested by John and Wendy Mottman) CAD RECOMMENDATION: Adopt Resolution Authorizing the Mayor to Execute the Quitclaim Deeds BACKGROUND: A storm drain easement was dedicated to the city in conjunction with a parcel map (SLO 6.8 -37). Later a storm drain pipe was constructed within two of the four parcels. In 1979 Roger Keep completed the storm drain piping within Parcels A and B in conjunction with a permit to build a residence at 2412 Augusta Street. At that time it became apparent that the improvements failed to lie within the dedicated easement. A new easement was granted at that time by the owner for the correct alignment. The owner of Parcel A would now like to have the old easement quitclaimed to remove the unnecessary encumbrance from his parcel. We have also included a quitclaim for Parcel B for the same reasons. This property is owned by Robert A. Farrell and Dennis M. Gilbert. ALTERNATIVES: 1. Approve resolution determining that certain portions of an existing storm drain easement are not needed pursuant to a replacement easement and authorizing the Mayor to execute quit- claim documents. 2. Deny request for quitclaim. This is not a reasonable alternative since the city has no need for the excess easements and the encumbrance on the properties. CONCURRENCES: The City Attorney and Community Development Director concur in the action to quitclaim. FISCAL IMPACT• None. �uii�i�u►I►III111111 III tY f san h►�I�� c� o was o��spo MOvZo COUNCIL AGENDA REPORT RECOMMENDATION: Adopt resolution authorizing the.Mayor to execute the quitclaim deeds. Attachments - 1. Quitclaim Deeds (2) 2. Draft Resolution 3. Easement from Roger :S 4. Map (Detail) 5. Vicinity Map c.c. David F. Romero (w /out attach) WAP:GWK:jlwp and Barbara Keep Resolution No. 5076 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A POLICY REGULATING RECREATION TRIPS AND OUTINGS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby approves and adopts the Policy entitled "Recreation Trips and Outings," a copy of which is attached hereto marked Exhibit "A" and thereby incorporated herein. SECTION 2. A copy of said Policy shall be maintained on file in the office of the City Clerk and shall be available to the public during reasonable business hours. SECTION 3. The City Clerk shall provide copies of the Policy and enabling Resolution to the Director of Recreation and Chairman of the Park and Recreation Commission. On motion of Councilman Griffin , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the following Resolution was passed and adopted this 15th day of March 1983. . ATTEST:. City C1 rk, Pamela Voges City( Administrative Off %�1 d L City Attorney " R 5076 i I I i P 0 L I C Y RECREATION TRIPS AND OUTINGS OBJECTIVES: 1. Through the Department's recreation travel format, provide local residents, particularly teens and working adults, with cultural, entertainment, scenic, sporting and educational leisure opportunities. 2. Improve public awareness of the positive aspects of group travel, including: conservation of natural resources, group dynamics, and energy conservation. 3. Provide top level group travel service at a cost consideration that is available to all residents and is consistent with guidelines of the Fee and Charge Policy of the Park and Recreation Department. 4. Provide a leisure travel program service as dictated by the needs, requests and recommendations of local residents. PURPOSE: To aid in Department trip and outing organization and to determine criteria and guidelines under which the department operates when developing their annual program. DEFINITION: A recreation trip or outing is defined as any activity, involving travel, in which an individual or group may participate at their free will during their leisure. These trip activities may include, but are not limited to: spectator trips to major sporting events, individual winter sport outings, tours of local and state- wide areas of recreational interest, entertainment and gaming trips, observation trips to creative and cultural arts programs, trips of interest to retirees, trips of interest to youth and special events trips. GENERAL CRITERIA: Recreational trips and outings sponsored by the San Luis Obispo Parks and Recreation Department will not: a. Involve commercial air travel. b. Extend beyond the states of California and Nevada. c. Have duration in excess of 5 days. Should public demand necessitate time, distance, or mode of travel not allowed in general criteria, the City Administrative Officer or the City Council upon his recommendation, may authorize the Park and Recreation to develop a more extensive tour on its own merits. The annual trip and outing package planned by the department shall be self - supporting through participant fees and charges. � C � POLICY RECREATION TRIPS AND OUTINGS Page 2 The annual trip and outing package and individual programs of the package may be brought to the attention of the public through any form of the media with all such advertising becoming a cost of the particular program and recovered through fees and charges. Departmental leadership on trips or personnel required as chaperones by entre- preneurs at point of trip destination will become a cost of the particular program and be. recovered through fees and charges. USE OF PROFESSIONAL TOUR COMPANIES: The city's annual tour brochure will be made available to any interested travel agency or private tour company. Private companies may, at any time, submit a proposal for assisting the Recreation Department in a co- sponsored trip or outing. Should the Park and Recreation Department deem that a given trip can be enhanced through the use of a professional tour company, the following steps will be taken by the tour coordinator: a. Advertise or invite proposals from all interested tour operators. b. Select top three proposals. c. Interview operators representing top three proposals. d. Select, with concurrence of Department Head, the tour operator which best meets the needs of the given trip. NOTE: Should proposals be deemed equal, preference will be given local companies. The following criteria will be used in.selection of a professional tour company: a. Professionalism displayed by the tour company. b. Transportation equipment proposed. c. Responsibility /experience of driver /operator of transportation equipment. d. Quality of accommodations proposed. e. Added.attractions offered in excess of basic tour. f.. Past record of tour successes. g. Cost. JYJ6 w? P/� O O OIC 1,4/n )L n RESOLUTION NO. 5075 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A THIRD AMENDMENT TO AN AGREEMENT DATED AUGUST 19, 1980 BETWEEN THE CITY AND MDW ASSOCIATES. BE IT RESOLVED by the Council of the City of San-Luis Obispo as follows: SECTION 1. That certain agreement dated August 19, 1980 between the City of San Luis Obispo and MDW Associates and amended on February 15, 1982, is hereby amended again by addition of Exhibit "A" attached and incorporated herein by reference and 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 amendment approved by it to: City Engineer, Finance Director and MDW Associates. On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Dovey, AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of March , 1983. ATTEST: CIT CLERK PAMELA VO S R 5075 �I Resolution No. 5075 (1983 Series) APPROVED: Paus Q � ,4 City Administrative Offi er lvjAava� City Attorney Finance Dire-c -or City E veer EXHIBIT "A" in 0 U1 MDW Associates Architecture/ Planning/ Engineering Andrea G. Mariann AIA, AICR Principal Jav .%'Nscnant AIA, Principal 4 March 1983 Bruce D. Fraser. Jr. AIA. Principal Sherri C Staot, Principal TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF SAN LUIS OBISPO RE: PROPOSAL FOR ARCHITECTURAL AND ENGINEERING FEE ADDENDUM FOR THE SAN LUIS OBISPO COMMUNITY PARKING PROJECT The contract for architectural and engineering services currently in effect between MDW Associates and the City of San Luis Obispo is based on a scope of work which includes a four level parking structure and a four- screen theatre. During the schematic design and agency review processes the. project's scope has.been increased to include slightly over 5,000 square feet of retail lease space and surrounding planters, walks, and public areas, referred to as the "paseo." Pursuant to a verbal understanding with City staff, MDW has provided the schematic design portion of architectural work on the paseo within our original agreement, without additional fee. We are now requesting that our fee be augmented to allow the design development . and contract document preparation services required in connection with the paseo to proceed along with the remainder of the parking project. The proposed additional services fall within Phases 4, 5, and 6 of our agreement and are composed of the following tasks: MDW ASSOCIATES Design development, preparation of working drawings and specifications, coordination and administration WATRY ENGINEERING Structural engineering, preparation of structural drawings and specifications CHARLES MISTRETTA AND ASSOCIATES Mechanical and plumbing engineering, preparation of mechan- ical and plumbing drawings and specifications TOLER AND KENNEDY Electrical and lighting engineering, preparation of elect- rical and lighting drawings and specifications THE ENVIRONMENTAL COLLABORATIVE Planting, irrigation, and hardscape design, preparation of related drawings and specifications 979 Osos Street, Suite C Scn L -:is Obispo. C: ; 03.101 - 3206 (205)) 5/13 -7057 BIESEK DESIGN Design of identifying and orientation graphics, preparation of related drawings and specifications CONTRACT SURVEY AND DESIGN Survey of detailed information on historical easement locations, infringement of existing structures onto building site, and vertical plumb of existing struc- tures, and preparation of related drawings TOTAL, PROPOSED FEE ADDENDUM: Respectfully submitted, MDW ASSOCIATES ruce D. Fraser, AIA Principal BDF1 /pkg /3/4 $15,000 EXHIBIT "B" AMENDMENT TO AGREEMENT CONSULTING ARCHITECT SERVICES IN CONNECTION WITH PARKING GARAGE PROJECT This Amendment to Agreement, made and entered into this 16th day of November 1982, by and between the CITY OF SAN LUIS OBISPO,. California, hereinafter referred to as the "CITY ", and MDW ASSOCIATES (formerly known as Merriam, Deasy & Whisenant), hereinafter referred to as "ARCHITECT ", • W I T N E S S E T H WHEREAS, CITY and ARCHITECT entered into an AGREEMENT for Consulting Architectural Services to design a parking garage for the CITY, said AGREEMENT attached hereto as Exhibit "A ", formerly accepted by the CITY on August 19, 1980. WHEREAS, the ARCHITECT has done significant work beyond the scope of the contract to assist the CITY during the recent decision processes, and WHEREAS, the original schematic plans prepared by the ARCHITECT are no longer appropriate, and WHEREAS, the CITY will no longer proceed with design /construct plans for this project. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree to amend the AGREEMENT by revising the fee schedule as shown on Exhibit "C" (attached) and by addition of an expanded description of the ARCHITECT'S scope of work as shown on Exhibit "C" (attached). IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year first written above. ATTEST: 4�2"-" /,V� Cit Clerk Pamela V g CONSULTANT: MDW ASSOCIATES CI'£, AN LUIS OBIS BY 1 t` 1 V $AM At _ . O 1[ or inelanie u. EXHIBIT "C" 4 November 1982 ARCHITECTURAL FEE SUMMARY SAN LUIS OBISPO COMMUNITY PARKING PROJECT MDW Associates Architecture/ Planning / rEngineering Andrew G Merriam AIA, AICP, Principal Joy P. Whisenont AIA, Principal Bruce D. Fraser, Jr. AIA, Principal Sherri C. Stoat, Principal A. Proposed fee supplement for additional Phase 2 and 3 services performed between December 1981 and October 13, 1982: $3800 B. Proposed fee supplement for additional Phase 1 and 2 services required to design theatre complex and redesign parking structure: hourly, not to exceed $10,000 C. Proposed fixed fees for remaining architectural services: Phase 4; Construction Documents: Phase 5; Bid Aministration: Phase 6; Construction Administration TOTAL: Respectfully Submitted, MDW ASSOCIATES Br ce D. Fraser, AIA Pr ncipal $142,400 billed monthly according to percentage completion of phase $15,000 billed in two installments, at 50% and 100% completion of phase $39,000 billed monthly according to percentage completion of phase $196,400 979 Osos Street, Suite C San Luis Obispo. CA 93401 - 3296 (805) 543 -7057 Fl�anc� 1SOLUTION NO. 5074(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TWELVE MONTH TIME EXTENSION FOR TRACT 912 LOCATED AT 1250.ORCUTT ROAD WHEREAS, the subdivider requested a twelve -month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that a twelve 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 912 is granted a twelve —month time extension to March March 17, 1984, subject to original'•:tentatve map,. findings, variances, and conditions as specified in City Council Resolution No. 4430 (1981 Series) attached hereto, and changes to conditions 6 and 8 as follows: 6. Subdivider shall construct curb, gutter, sidewalk and necessary street paving as determined by the City Engineer along full length of site frontage on Orcutt Road. 8. Subdivider shall construct a 3 foot high natural stone or other Architectural Review Commission approved material wall at the property line along the entire site frontage of Orcutt Road as a tract improvement to protect public safety. On motion of Councilwoman Dovey , seconded by and on the following roll call vote: Counci -lman Settle AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT:None the foregoing resolution was passed and adopted this 15th day of:.Match 1983. Resolution No. 507411983 Series) Tract 912 Page 2 APPROVED: City Administrative Officer 1 City Attorney Communty Development Director n RESOLUTION NO..4430 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OB_ISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 912 LOCATED AT 1250 ORCUTT ROAD y Y BE IT RESOLVED b the Council of the Ct of San Luis Obispo as fo1I.Ows:' SECTION 1. Map-Findings. That this Council., after consideration of the tentative map of Tract No..:912 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and 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 and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type. of improvements will not conflict. with easements fo_'r access through or use of property within the proposed subdivision. 8. The focused environmental impact report prepared for the project is acceptable and adequate and is certified complete to address impacts of'the project. 9. The project contains conditions to mitigate significant adverse environmental impacts addressed by the focused environmental impact report for the project. SECTION 2. Variances. The following variances to Subdivision Ordinance requirements are hereby approved, based upon the findings below: Proposed Lot 1: Minimum lot area, 9,050 sq. ft. allowed where 15,000 sq. ft. required. Average lot width, 80 ft. allowed where 100 ft. required. Average lot dept, 112 ft. allowed where 150 ft. required. r 1 Resolution No. 4430*(1981 Series) Tract 912 Page 2 Proposed Lot 2: Minimum lot area, 7,500 sq. ft. allowed where 12,000 sq. ft. required. Average lot width, 67 ft. allowed where 80 ft. required. Average lot detail, 109 ft. allowed where 130 ft. required. Proposed Lot 3: Minimum lot area, 7,150 sq. ft. allowed where 15,000 sq. ft. required. Average lot width, 82 ft. allowed where 100 ft. required. Average lot depth, 95 ft. allowed where 150 ft. required. Proposed Lot 4: Minimum lot area, 12,600 sq. ft. allowed where 15,000 sq.-ft. required. Minimum lot frontage, 45 ft. allowed where 67 ft. required. Average lot width, 96 ft. allowed where 100 ft. required. Average lot depth, 100 feet allowed where 150 ft. required. Proposed Lot 5: Average lot depth, 103 ft. allowed where 130 ft. required. Proposed Lot 7: Minimum lot area, 14,600 sq. ft. allowed where 25,000 sq. ft. required. Minimum lot frontage, 45 ft. allowed where 200 ft. required. Average lot depth, 148 ft. allowed where 80 ft. required. Proposed Lot 8: Average lot width, 80 ft. allowed where 150 ft. required. Proposed Lot 9: Minimum lot frontage, 143 ft. allowed where 100 ft. required. Proposed Lot 10: Minimum lot area, 53,750 sq. ft. allowed where 2 acres required. Minimum lot. frontage, 70 ft. allowed where 134 ft. required. Average lot width, 165 ft. allowed where 200 ft. required. Proposed Lot 11: Minimum lot area, 27,750 sq. ft. allowed where 1 acre is required. Minimum lot frontage, 40 ft. allowed where 101 ft. is required. Proposed Lot 12: Minimum lot frontage, 50 ft. allowed where 67 ft. required. Average lot width, 85 ft. allowed where 100 ft. required. Proposed Lot 13: Minimum lot area, 12,300 sq. ft. where 15,000 sq. ft. required. Minimum lot frontage, 55 ft. allowed where 100 ft. required. Average Lot width, 75 ft. allowed where 100 ft. required. Proposed Lot 14: Minimum lot area, 9,400 sq. ft. allowed where 15,000 sq. ft. required. Minimum lot frontage, 60 ft. allowed where 100 ft. required. Average lot width, 76 ft. allowed where 100 ft. required. Average lot depth, 126 ft. allowed where 150 ft. required. Resolution No. 4430•(1981 Series) Tract 912 Page 3 Proposed Lot 15: Minimum lot area, required. Average lot width, Average lot depth, Findings: m 7,650 sq. ft. allowed where 15,000 sq. ft. 70 ft. allowed where 100 ft. required. 110 ft. allowed where 150 ft. required. A. The variances requested do not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. B. Because of special circumstances, the steep terrain, and the size of the proposed lots, the strict literal application of the Subdivision Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity. C. Under.the circumstances of this particular case, the exceptions requested carry out the spirit and intent of the Subdivision Ordinance. SECTION 3. Grading Ordinance Exception. The following exception to the Grading Ordinance is hereby approved based on the findings below: 1. To allow grading in excess of 20% on the property where 80% or more of the property is required to remain in a natural state (no grading of any kind). Findings: A. The exception will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. B. Because of special circumstances, the steep terrain and the size of the proposed lots, the strict literal application of the grading limitations would deprive the property of privileges enjoyed by other properties in the vicinity. C. Under the circumstances of this particular case, the exception is in conformity with the purpose of the grading ordinance. SECTION 4. Conditions of Approval. That the approval of the tentative map for Tract 912 be subject to the following conditions: 1. Subdivider shall extend sewer and water lines within the tract. Line size and grades shall be to the approval of the City Engineer based on fire flow required by the City Fire Department and so that sewer ejector pumps are not required. Resolution No. 4430 (1981 Series) . Tract 912 Page 4 2_. Subdivider shall instal 1-. conduit for. .'future undergrounding. of existing utility, lide along'Orcut.t Road frontage of the tract. 3. Subdivider shall install a standard.city fire hydrant:at the intersection of Tanglewood Drive and Kentwood Drive (off -site improvement). 4. Subdivider shall construct drainage facilities as required throughout the tract, to the satisfaction of the :City Engineer. Drainage along rear lot lines shall be handled by drainage structures, to be owned privately. Easements shall be granted for cross -lot drainage. All drainage in the tract shall be taken to an adequate point of disposal, to the satisfaction of.the City Engineer. - 5. Subdivider shall dedicate 18 feet along property frontage on Orcutt Road for street widening.. 6. Subdivider shall construct curb,. gutter and sidewalk, and pave -out to new curb face along full length of Orcutt Road frontage. 7. Subdivider shall dedicate to the city, vehicular access rights along the entire Orcutt Road frontage. 8. Subdivider shall agree. to 'construct a three foot high natural stone or other ARC approved material wall at the property.line along the entire frontage of Orcutt .Road within one year after acceptance of the tract improvements if required to protect public safety." 9. Street names for new streets within the tract shall be approved by the Community Development.Director and shown on the final map. 10. Lots in the tract shall be addressed consistent with address plan attached as Exhibit "A". 11. A perpetual open space easement shall. be granted to the city for the area noted on tentative map as "Area C - Landscape Duffer," subject to the approval of the Community Development Director and City Attorney. The open space - easement will be to maintain the area in a natural open space character consistent with city approved landscape treatment to be provided by the subdivider. The easement shall run with the land and provide the following limitation on use or alterations of the area.. A. No structures will be placed or erected up -n said premises If desired, see - through fencing appropriate to open space preservation shall be approved by ARC. B. No advertising of any kind or nature:shall be located on or within said premises. -v J Resolution No. 4430.(1981 Series). Tract 912_ Page 5 C. Owners ,shall not. plant nor permit to be, planted; any vegetat.ion'upon said premises after subdivision improvements are installed except as may -be associated with erosion cOnt r ol, :fire 'protection, and soil . stabilization or as allowed and - approved'by the Community Development Director. D. The general topography of the area shall be preserved in its natural condition after grading required of subdivision is completed. No grading shall be allowed after subdivision improvements are completed and accepted. E. No extraction of natural resources. F. No removal of natural vegetation except for fire protection or elimination of deceased growth as approved by the city. 12. Final map shall contain a note that all lots in the subdivision are designated sensitive sites and development of these lots shall be approved by the city Architectural Review Commission. 13. Subdivider .shall install landscaping in the area designated for open space with drought tolerant, fire resistive 'plants consistent with a landscape plan prepared by a licensed landscape architect and approved by the Community Development Department staff. Subdivider shall offer to maintain said landscaping for a period of one year after acceptance, of tract improvements. 14. Subdivider shall submit detailed soils engineering and engineering geology report analyzing existing conditions on the site and proposed grading operations. Said report shall be to the approval of the City Engineer and shall be submitted prior to final map approval. 15. Subdivider shall install temporary barriers to protect adjacent properties and streets from falling rock and other debris while the site is being graded. Barriers shall be to the approval of the City Engineer and project soils engineer. The contractor shall carry insurance protecting the city from any liability. 16: Trucks and excavation equipment shall not be permitted to use local residential streets for access to and from the site while removing export. material (Fernwood., Lawnwood, Tanglewood and Kentwood Drives). An exception will be allowed for a limited period of time for use of the northeasterly section of Kentwood Drive. 17.' No excavation equipment, trucks, or other heavy equipment shall be operated on the site between the hours of 7 p.m. and 7 a.m. or on Saturdays or Sundays. 18. All vehicles and equipment used on the site,, or used in transporting material to and from the site, shall be equipped with proper noise. muffling devices. Resolution No Tract .912 Page 6 �J 4430 0981 Series) cT Be. Subdivider shall give two weeks! prior.. notice of the start of grading operations on t_he site. to ahl residences within 200 feet of the.subdivision boundaries, and to the city Public Services Department. 20.. Subdivision grading plan. shall be prepared to the approval of the Community Development Director and Public Services Director, and shall include the following provisions: 9 A. All manufactured slopes and disturbed areas shall be planted with drought — resistant', fire - resistive, native plant materials. B. All cut slopes in soil areas shall be serrated to minimize erosion. C. Slopes to be stablized shall be densely planted with ground cover by hydroseeding or cuttings. D. Irrigation systems adequate to ensure "permanent plant establishment shall be 'installed. Irrigation systems may be above ground and temporary. E. Slope protection planting and irrtgat.ion system installation shall be completed within 30 days after completion of grading or as determined by the City Engineer. F. Final grading plan shall include all recommendations and requirements established by engineering geology and soils reports. G. Where necessary, cut and fill, surfaces shall be protected from storm runoff 'by the use of drainage diversion devices such as berms or brow ditches. H. Areas at and below storm drain discharge points shall be protected from storm runoff by use of energy dissi_pat_ors to reduce runoff velocities to non — erosive velocities. I. Adequate topsoil shall be restored to all areas to be planted where practical. J. Major 'site, grading operations shall be commenced as soon after April 15th as the soil is dry enough to work. City Engineer shall determine final date for start of ".construction. K. Major site grading operations shall be completed within 60 days after the start of work. An erosion control plan shall be approved by the City Engineer for temporary erosion control if permanent erosion control measures are not installed by November 15th. - Resolution No. 4430 (1981 Series) Tract_ 912 Page 7 L. A 10 mph speed limit shall be posted and enforced on unpaved access roads ' on tiie site. M: Construction access roads shall be payed, chip sealed, or watered . immediately prior to the start of- work.and continuing through all phases of grading operations, to the approval of the Piiblic.Services Department: N. Subdivider shall provide for continuous control of dust through watering grading surfaces and.such other measures as may be required by the Public Services Department. 21. Subdivider shall install within 30 days after, completion of tract grading operations, landscaping consistent with a landscape screening plan prepared by a licensed landscape architect for the areas of the tract noted on the tentative map as "Areas A and B Landscape Buffer." Landscape plan shall be approved by the Community,.Development Department staff prior to final map approval. 22. A note on the_ final map shall identify lots requiting ARC approval. All homes to be constructed on lots 1, 2, 3; 4, 5, Ili 12, 13, 14 and 15 shall be low profile and limited. to one -story above the median curb grade elevation for each respective lot. This does not preclude the construction of not more than a two =story house on the rear yard with the lower level being below the median curb glade. Ultimate design height limitations and parameters "shall be determined by the Architectural Review Commission on a 1'ot by lot basis. Special consideration shall be given to protecting the privacy of adjacent residences. 23. Existing, drainage Swale along easterly boundary of tract shall be improved to the approval of the City Engineer to adequately accommodate sheet flow from on -site runoff from property within the tract. 24.. Subdivider shall install street trees on all street frontages to the satisfaction of the Public Services Department. 'Tree types shall be to provide a canopy affect upon maturity and be approved by the Community Development Department. 25. Final map shall contain a note 'that houses shall be sited on Lots to take advantage of passive solar opportunities. ,J Resolution No. 4430 (1981 Series) Tract 912 Page 8 On motion of Councilwoman Bill.ig, :seconded by Councilman Munger, and on the following roll call vote: AYES: Councilmembers Billg, Munger, Dunin and Bond NOES: None ABSENT: Mayor Coopdr the foregoing resolution was passed and adopted this 17th day of March, 1981. ATTEST: Acting City Clerk APPROVED: City Administrative Officer City Attorney Community Development D ctor City ngineer (Ole 710 Fd ��w RESOLUTION NO. 5073 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVE- MENTS IN TRACT 465, VAL VISTA ESTATES. BE IT RESOLVED by the Couni:il of the City of San Luis Obispo as follows: SECTION 1. The City finds that Developer's $7,000 deposit and $20,000 bond constitutes satisfactory compliance with City requirements regarding sewer main repairs. SECTION 2. The public improvements are hereby accepted for maintenance by the City of San Luis Obispo. SECTION 3. The Council authorizes the release of 90 percent of the construction bond in accordance with the subdivision agreement, however, maintenance of the sewer system is covered under Section 1 of this Resolution. On motion of Councilman Dunin , seconded by Councilman Settle , and on the following roll call vote:' AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this15ti -4ay of March , APP VED: �a City Administrati Off Icer „ 1 i R 5073 Resolution No. 5073 (1982 Series) City Attorney (/ 0 Public Services Director �J Vofnvr of �Attorneu #555 ° r HOME OFFICE � SAN FRgrvU5G0 i itutu Al turn Im thr5c prmitts: That INDUS'I KIAl, INUF : \IN11'Y COMPANY. it corporation organized and existin" under the la%es ul the SI.tr of l:.dilm Ilia. and having its principal office in the City of S:io Fra ncisco, State of California, does hereby make. e,mslitute and .tlq.oini -------------------------------= - - - - -- ROBERT E. HARRIS------------------------------------ its true and lawful attorney -in -fact for it and in its name, place and stead to execute• nn its hchalf as surety, bonds• undcriakiug., stipn lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all ohligees, provided that the liability of the Company as surety under his authority in no one instance shall cxcecd the sum of --------------=--- - - - - -- ----------------- UNLIMITED--------------------------- -- - - - - -- amd reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordant with the RcSOhItlotl adopted by the hoard of Iirectors of INDUSTRIAL INDEMNITY CO :MPANY at a meeting held on the 27th day of Sejttcmber. 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or'Exe'Cnlive Vice President or Senior Vice President of tijeCompatrty, in conjunction with the Secretary or an Assistant Secretary of this Company, lie and he hereby is authorized to executc..acknuwledgc or verify Powers of Attorney qualifying selected attorneys -in - fact to act under such Powers of Ationiq, to execute cn behall' of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company, miry be printed farsintilr. ;kho- graphed or otherwise produced, and that the facsimile signature of an) person who shall have been such officer of this Contpauv at the time of such execution, acknowledgment or verification may continue to be used for the purpose hcreinabiove stated :uod will toe binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruntcutr+ shall be issued." In witness whereof, INDUSTRIAL. INDEMNITY COMPANY has caused these presents to be signed and its corporate scat to be affixed by its proper officers, at the City of San Francisco, California, this 31St day of March 19 77 Attest: INDUSTRIAL, INI)F :1%INITY CO \1PANY ta•srca:tE) \ /sue )' °J 12 1jZ3 Roxani M. Gillespie, Secretary J. G.,1 'ante \ - Sen' Vice President s. n.. STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO ss On this 31st day of March , 19 77 , before me. Mary Mueller a notary public in and for the City and County of San Francisco, State of California. personally appeared J. G. LaPlante and Roxani M. Gillespie known to me to be the Senior Vice President and Secretary o!' the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same.. and that th. -res lution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board .I Directors on September 27. 1972, - and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the d:N , m \car in this certificate first :d,ove written. mptlttafgnt011att843! 17r.-• /yr otf,ORttUttm �: :tl•'7 t:i:JtiI LEIS — Notary Yublic in at or tloe City and Countt of :A.4 au :usa y 7( °tr Con�rturn Euiae Au4 3, W9 of San Fr;ut sco State of California 'oe OtWtttu�WtlttttututAttlttrtY {WtttttHW °Wrt� 1, L. E. Mulryan Secretary of INDUSTRIAL INDL.NlNfI'Y COMPANY. do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein %:•ill; t'.rr or'utin:IIN tow on file in the principal office of said Company, and that the same are correct transcripts therefrom and of lilt, whole of the said or,gin;:!s; _n.J that said Power of Attorney has not been revoked lint is still in full force and clTect. In witness whereof. I have hereunto subscribed my name as such officer and affixed the seal of INDUS'i RIAL INDEMNITY COINTPANY at the City of San Francisco. California. this 4th day of Yla=h 1983 .. SEAL'. Secrt•tan' L. E. Mulryan, %voai Fi I10i721 HOME OFFICE ,San Francisco, California GUARANTEE BOND L Y&bEMNITYfI� Bond No.: YS849 -32 Premium: $450.00 WHEREAS, the City of San Luis Obispo, a political subdivision of the State of California, and Val Vista Estates, Inc., hereinafter designated as IlPrincipall', have entered into an Agreement whereby improvements which said Agreement, dated , and identified as project: Tract 465, City of San Luis Obispo, is hereby referred to and made a part hereof; and WHEREAS, said Principal is now required to furnish security guaranteeing the repair of the sewer in said Tract 465, NOW, THEREFORE, WE the Principal and INDUSTRIAL INDEMNITY COMPANY, as Surety, are held and firmly bound unto the City of San Luis Obispo and the Engineer, in the penal sum of Twenty Thousand and 00 /100 DOLLARS ($20,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally firmly by these presents. Should the condition of this bond be fully perfornmed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. State of California ) ss. \1 County of Orange ) On this 4th day of March, 1983, before me personally appeared, personally }mown to me or proved to me on the basis of satisfactory evidence, H.L. Caldwell, known to me to be the president of the corporation that signed the foregoing instrument and acknowledged the execution of the same to me. OFFIC OF FIC IIAA L L sSC EAA L f TERESA S. IdARKMAN 1 NOTARY PUBLIC CALIFORNIA f�j PRINC IP AL OFFICE IN �ri . rry7 ORANGE COUNTY %IV Commiss.on E.D. Iur.:. 13,19 SS. a Notary Public of said county and state, personally appeared County of Orange personally known to me or proved to me on the basis of satisfactory evidence, ROBERT E HARRIS known to me to be the Attorney -in -Fact of Industrial Indemnity Company the Corporation that executed the within instrument, and known OFFICIAL SEAL L TURESA S. 11A7.VAA"4 to me to be the person who executed the said instrument on behalf Corporation eatR;. - K� NOTARY PUBLIC CALIFORNIA of the therein named, and acknowledged to r •W [_ PRINCIPAL OFFICE IN `�iy-' GRANGE COUNTY Re me that such Corporation executed the same. n x My Commisstco E.O. Ito- :. 13. 1925 /ly JAL-IG C;- NOTARY PUBLIC PUBLIC 1Y060 R4 (9/721 _ l ]Lfuer of (�ttarneg # »s INDUSTRIAL INDEININITY �Rnofn all men bb these presents: NOME OFFICE -SAN FRANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California. and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint ----- - - - - -- ROBERT E. HARRIS------------------------------- its true and lawful attorney -in -Fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of ------------------------- UNLIMITED------------------------- ---- -- - --- and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 31st day of March , 19 77 Attest: 1"r+ca + +r ,ih M .0w• it j Roxani M. Gillespie" Secretary STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO as. On this 31st day of March , 19 77 , before me, INDUSTRIAL INDEMNITY COMPANY By lante Sen' Vice President Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and Roxani M. Gillespie known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the da)/ tt year in this certificate first above written. • xxssnxnsnacu +mm+nmxeusxmmusnssssw� LuRy RmUELLER WDiA2r UATV O - A rff"C ltl1 ? a .uuatr a >lw ,wwtuw ar Canes Espipa U,41. 3. 1979 San Franvfsco( State of ty I, L. E. Mulryan Secretary of INDUSTRIAL INDEMNITY COMPANY, do' hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 28th day of July . 19 81. SEAL 1 x041 R7(10/72) 0 41 ff L. E. Mulryan, HUME OFFICE 1 a , M .1 M Bond No. Y;' 4 F; Premium: [*MFEAS, the City of San Luis Obispo, a political subdivision of the State of California, and Val. Vista Estates, Inc., hereinafter designated as "Principal ", have entered into an Agreement whereby Principal has agreed to install and complete certain subdivision improvements which said Agreement., dated _ and identified as project: Tract. 465, J Lets 1 throuuh 77 Inclusive, City of San Luis Obispo, is hereby referred to and made a parr hereof; and WHEREAS, said Principal is required under the terms of said iqr Went to furnish security guaranteeing the maintenance of said sub-- ,v.siorl i7tr.rovemants. Nal, THEREFORE, WE the Principal and Industrial Lnde1rn1r,v as '>- lrety, are held and .firTnl-v bound unto the City of San Luis Obispo and *he Engineer, in the penal sun of thirty -three thousand fi_,n: : .�-�� n.5 /� " G �l/1c.2�i�./ I• / C' RESOLUTION NO. 5072 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND PARK HOTEL PARTNERSHIP FOR CONSTRUCTION OF WATERLINES IN LEFF, OSOS AND CHURCH STREETS. 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 Park Hotel Partnership for construction of waterlines in Leff, Osos and Church Streets, required as a condition of a building permit to remodel the Park Hotel under the Quarterly Program and for oversizing the new main in Leff Street and in Osos Street between Leff and Church Streets 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: the property owner, the City Engineer, the Director of Public Works and the Director of Finance. On motion of Councilman Dunin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None the foregoing Resolution was passed and adopted this 15th day of March , 1983. R 5072 Resolution No. 5072 (1983 Series) City Administrative Offi er ZVRJ�, City Attorney Finance irec City I gineer EXHIBIT "A" l' IJCi 11 ^C " A 5c CK I GI�•i /�Y .. �Y _ AGREEMENT AFFECTING REAL PROPERTY ��yy1/ �ch qu THIS AGREEMENT, dated //l 15 1983, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO,.a municipal corporation, hereinafter called "City "; and Park Hotel Partnership, the fee owner and developer of the real property described in Exhibit "A" attached, hereinafter called "Developer" WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to design and contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 4293, adopted on October 28, 1980, which resolution is made a part of this agreement as though specifically set forth herein: a. Construction of approximately 675 feet of 10 inch diameter water line in Leff Street and in Osos Street, between Morro St. and Church St.; approximately 100 ft. of 8 inch diameter waterline in Osos from Church St. to the S.P.R.R.; and approximately 70 ft. of 8 in. diameter waterline in Church St. (to be abandoned) between Santa Barbara Ave. and Osos St. b. Installation of two fire hydrants with connecting laterals and related facilities. c. This project including inspection, engineering, and administration thereof is to be partially financed by the City under provisions of Resolution No. 4293, otherwise known as the "$25,000 Quarterly Funding Program ", to the extent that said funds are available from the first Quarter of the 1982 -83 program. 4U7osUJ 4: 4UJf •*JU- .Ju Page Two d. The total estimated cost of this project including engineering, inspection and administration is $40,960 of which the City's agreed contribution is to be $25,000 from Quarterly Funds plus $1.,320 for oversizing the 8 inch line in Leff St. in accordance. with Resolution No. 4110 (1980 Series) (330+ @ $4.00 per LF). The actual contribution will be based upon final plans. The Developer agrees to pay the balance ($14,640 estimated). 2. Said water system improvements have been determined necessary to provide adequate dependable fire protection for the proposed remodel of the "Park Hotel." 3. City agrees to prepare plans and specifications providing for the above—described installation to City standards and to call for bids, award a contract and administer the same in accordance with the provisions of Section 724 of the City Charter. 4. Developer agrees to pay the following amounts as his share of the costs for said improvements: a. At the time of signing this agreement, a deposit in the sum of $4096.00 which represents 10% of the estimated total cost of the project. b. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for the balance of his share of the actual engineering, administration and contract cost of the project as described in Section 1, paragraph "d" above and as adjusted to conform with the unit prices of the lowest acceptable bid. It is understood that if said balance is-not paid to the City within twenty (20) calendar days after notification of the determination of the cost of said work, no improvements will be made and the deposit will be forfeited and retained by the City. Page Three .� t C. Any increased costs due to change orders or other unanticipatd expenses occurring during the course of the project shall be paid by the developer within 15 days after notification thereof by the City; changes resulting in cost decreases shall be credited to the developer. 5. For planning purposes, the City estimates that the water system improvement will be completed within six (6) weeks after the contract is awarded, and City agrees to use due diligence in seeking timely contract performance. However, the parties recognize that City cannot guarantee timely performance, and developer agrees that City shall not be responsible for any loss incurred by him as a result of delays in contract completion. Developer also agrees to hold City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 6. Developer agrees that he will not seek a certificate of occupancy and he will not permit others to occupy the project to be constructed by him upon the real property referred to herein prior to the completion of the water system improvements construction contract unless written permission to do so is obtained from the Fire Chief. 7. This agreement, shall be binding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SAN LUIS OBISPO: DEVELOPER: r1YOR GlL LANIE BILLIG /J. & ATTE S7 : CI Y CLE P VO ES Page Four APPROVED: e6a Q City Administrative Officer City Attorney Finance irector -City En ineer ' J EXHIBIT "A" Legal Description for Park Hotel Property 1. Lots 2 & 3 of Block 181 of the Ingleside Homestead Tract in the City of San Luis Obispo as recorded in Book A of Maps, Page 132, excepting that portion of lot 3 deeded to the Southern Pacific Railroad Company March 23, 1891 in Book 11 of Deeds, Page 295. 2. A.P.N. 03- 655 -04 3. 1817 Osos Street �� /�-�� c C„'LG Lt-- ��Ce; i ,. �� r RESOLUTION NO. 5071 (1983 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: Waterline Improvement Project PROJECT: Toro -Islay Streets CITY PLAN NO. F -38 ESTIMATE: $38,224.00 BUDGET ACCOUNT: 90 -50- 6362- 715(F38) BIDDER: Anderson Pipeline BID AMOUNT: $39,140.00 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 Dunin seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of March , 1983. APrae a City Administrative ffice r1A city Att e � . Finance i ctor ity. EII neer• i _i.:. .�� ... `_ .e _ :. °. r .r -.� .. J. ° � . . +r •,`s•....c�.0 � �� .. ; �. .. _r b...� .�_ J ...r,P_ s.w *i' �x.. �.C. .3} f=dv ��C7Ct -�7C� 1 RESOLUTION NO. 5070 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO APPROVING (1) AGREEMENT BETWEEN THE CITY AND LOCAL GOVERNMENTS TO PARTICIPATE IN CERTAIN LITIGATION REGARDING "LEASE SALE 53" (STATE OF CALIFORNIA ET AL. V. JACK G. WATTS, ET AL) AND (2) AGREEMENT FOR EMPLOYMENT OF COUNSEL FOR SAID LITIGATION BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Those certain agreements attached hereto marked Exhibits "A" and "B" and incorporated herein by reference, between the City of San Luis Obispo and Local Governments, and between the City of San Luis Obispo, local governments and Beers and Dickson are 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: Beers and Dickson. On motion-of Councilman Griffin , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey and Mayor Billig NOES: Councilman Dunin ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 1st. day of March , 1983. R 5070 Resolution No. 5070 � M Series) Page 2 APPROI City Administraltive OfficeA MAI City Attorney F nance Dire EXHIBIT "A" AMENDED AGREEMENT FOR PARTICIPATION IN LITIGATION THIS AGREEMENT is made and entered into this 1st. day of March, 1983 scribed hereto. , by and between the Local Governments whose names are sub- W I T N E S S E T H: WHEREAS, the parties have - heretofore entered into an agreement, and an amendment thereto, to participate in that certain litigation regarding "Lease Sale 53" and designated as State of California, et al. v. James G. Watt, et al., United States District Court, for the Central District of California, Civil Action No. 81- 2080MRP (MX) (hereinafter referred to as "Lease Sale 53 Litigation "); and WHEREAS, said agreement, as amended, provided for employment and compensa- tion of Counsel in the Lease Sale 53 litigation, until a decision has been issued by the Ninth Circuit Court of Appeals; and ':lHEREAS, a decision of the Ninth Circuit was issued in the Lease Sale 53 litigation on August 12, 1982, and a petition for rehearing filed by the State of California was denied on November 10, 1982; and WHEREAS, it is important that the parties continue to be able to be represented before the United States Supreme Court, if the defandants in the Lease Sale 53 litigation are successful in obtaining a hearing before the Supreme Court; and WHEREAS, local qovernments are also concerned that actions by the Secretary of the Interior in proposed Lease Sale 73, or a subsequent lease sale to replace Lease Sale 73, will result in serious and irreparable environmental injury, degradation of the California coastline, depredation of fish and wildlife resources, and adverse impacts on the economy of the counties; and WHEREAS, protection of the local governments' interests requires their representation by Counsel in any litigation brought over Lease Sale 73, or a subsequent lease sale, and further requires the advice of Counsel in taking whatever actions are necessary to avert the problems associated with Lease Sale 73, or a subsequent lease sale, or to prepare litigation relating thereto, as appropriate; and WHEREAS, the local governments wish to employ attorneys for the Purpose of representing local governments in further proceedings in the Lease Sale 53 litigation, and in actions necessary to protect their interests with respect to proposed Lease Sale 73, or a subsequent lease sale; and WHEREAS, except for 'William Boyd, Esq., the services of the firm formerly representing local governments herein are no longer available to them and it is necessary to substitute other counsel in their stead; and WHEREAS, the local governments desire to restate their prior agreement, together with amendments, in this Amended Agreement for Participation in Litigation. NOW, THEREFORE, in furtherance of the foregoing public purposes, the parties hereto agree: 1. The parties agree to continue their .joint participation in the Lease Sale 53 litigation and to take joint action in administrative proceedings or by filing, or intervention in, litigation over Lease Sale 73, or a subsequent lease sale which replaces Lease Sale 73, as approoriate. 2. In this connection, the parties agree jointly to retain the firm of Beers & Dickson, with William Boyd, Esq., of counsel, to act as their legal counsel for the purpose of their representation in the Lease Sale 53 1itiga- tion and such actions as are necessary or appropriate for Lease Sale 73, or a subsequent lease sale, and related matters, all as specified in the Amended Agreement for Employnent of Legal Counsel, dated r'a � 1 3. The liability of local governments to compensate counsel for these purposes, together with reimbursement of expenses incurred by counsel, shall not exceed a total of $32,000, of which $15,000 shall be paid by participating local governments and the remainder by the San Francisco Foundation. 4. Each local government will be obligated to Pay its proportionate share. of the cost of said representation directly to said attorneys or through Marin County based on specific maximum contributions. The maximum contribution from each County shall not exceed $1,500. The maximum contribution from each other party shall not exceed the amounts shown on Attachment I, which is incorporated herein by this reference. 5. The actual payment of the amounts specified in this agreement shall be made on or before July 30, 1983. 6. The agreement with legal counsel shall provide that counsel will render periodic written reports concerning the progress of the litigation to each of the parties. Operating decisions concerning the conduct of said litigation shall be made by an OCS Legal Committee representing the parties comprised as follows: Marin, Santa Cruz, and San Luis Obispo Counties. 7. Any party shall be entitled to withdraw from this agreement upon the rendition of ten (10) days' written notice to each of the other parties provided that it has fully discharged any liability which it has incurred hereunder. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. County of Marin County of Santa Cruz County of unty o -3- County of San Luis Obisoo County of County of County of J County of County of County of unty of County of County of County of N City of City of City of City of City of City of -4- City of City of City of City of EXHIBIT "B" J AMENDED AGREEMENT FOR EMPLOYMENT OF LEGAL COUNSEL THIS AGREEMENT, dated March 1, 1983 , by and between the certain Counties, Cities and Councils of Governments whose names are subscribed hereto and who are hereinafter collectively designated "Local Governments," and Beers & Dickson, with William Boyd, Esq., of counsel, Attorneys at Law, hereinafter designated "Attorneys." W I T N E S S E T H: WHEREAS, the parties have heretofore entered into an agreement, as amended, to employ counsel to represent them in connection with the lawsuit regarding "Lease Sale 53," entitled State of _California, et al. v. James G. !-late, et al., United States District Court, for the Central District of California, Civil Action No. 81- 2080MRP (MX) (hereinafter referred to as "Lease. Sale 53 litigation "); and WHEREAS, said agreement, as amended, provided for employment and compensa- tion of counsel in the Lease Sale 53 litigation until a decision has been issued by the Ninth Circuit Court of Appeals; and WHEREAS, a decision of the Ninth Circuit was issued in the Lease Sale 53 litigation on August 12, 1982, and a petition for rehearing filed by the State of California was denied on November 10, 1982; and WHEREAS, further proceedings in the Lease Sale 53 litigation may occur on appeal or petition for certiorari to the United States Supreme Court; and WHEREAS, Local Governments are also concerned that actions by the Secretary of Interior in proposed Lease Sale 73, or a subsequent lease sale to replace Lease Sale 73, will result in serious and irreparable environmental injury, degradation of the California coastline, depredation of fish and wildlife resources, and adverse impacts on the economy of the counties; and WHEREAS, protection of the Local Governments' interests requires their representation by counsel in any litigation brought over Lease Sale 73, or a subsequent lease.sale, and further requires the advice of counsel in taking whatever actions are necessary to avert the problems associated with Lease Sale 73 or to prepare litigation relating thereto, as appropriate; and WHEREAS, the Local Governments wish to employ attorneys for the purpose of representing Local Governments in further proceedings in the Lease Sale 53 litigation, and in actions necessary to protect their interests with respect to proposed Lease Sale 73, or a subsequent lease sale.; and- WHEREAS, except for William Boyd, Esq., the services of the.firm formerly representing Local Governments herein are no longer available to them and it -is necessary to substitute other counsel in their stead; and WHEREAS, the parties desire to restate their prior agreement, together with amendments, in this Amended Agreement for Employment of Legal Counsel. NOW, THEREFORE, the parties hereby agree as follows:. 1. Local Governments hereby engage Beers & Dickson; with William Boyd, Esq., of Counsel; to act as their attorneys (1) in connection with the Lease Sale 53 litigation and (2) for advice., analysis, participation in administrative pro- ceedings and litigation, as appropriate, regarding the proposed Lease Sale 73, or a subsequent lease sale to replace Lease Sale 73, all at the direction of the OCS Legal Committee, as hereinafter described. 2. Services to be rendered by Attorneys shall include advising Local Governments in respect to these matters; writing correspondence and conducting legal and factual analyses relati.ng thereto; representing Local Governments, at the direction of the OCS Legal Committee, in litigation, agency, and other proceedings relating to the above matters; and such associated matters as Local Governments deem appropriate through their OCS Legal Committee. 3. Local Governments shall compensate Attorneys for such services at the rate of $90 per hour for the time of Roger Beers and Kathryn Dickson, of Beers & Dickson; $60 per hour for the time of William Bovd; and 550 per hour -2- for the time of any other attorneys associated with Beers & Dickson.. In addition, Local Governments shall reimburse Attorneys for their reasonable expenses incurred in connection with said litigation. Local Governments' liability for compensation for the services described herein shall not exceed $32,000 and Attorneys shall not be obligated to provide services beyond those compensated for. 4. Attorneys' compensation shall be paid by Local Governments in accordance with the Amended Agreement for Participation in Litigation agreed to by Local Governments and.dated which is incorporated herein by reference. Attorneys shall bill Local Governments through the County of Marin. No individual Local Government shall be obligated to attorneys for more than that Local Government's pro -rata share of the fees and expenses specified in the above mentioned Agreement for Participation in Litiga- tion. Any legal services rendered by Attorneys beyond those described herein shall be subject to specific prior approval and further agreement between the parties. 5. Attorneys shall, as part of the services to be rendered hereunder, provide, without additional compensation, periodic reports to the Local Govern- ments who.are participants in this agreement concerning the status and progress of the litigation. Direction and supervision of Attorneys shall be provided by an OCS Legal Committee appointed by the Local Governments comprised of Marin, San Luis Obispo and Santa Cruz Counties. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. BEERS & DICKSON By: -3- County of Marin r, �i William Boyd County of County of County of County of County of (." nt f i Ci Vy lof I Q7 z-c4,- bislo City of City of City of City of ty o -4- County of San Luis Obispo 13� County of Santa Cruz 0 County of County of County of County of County of County of City of City of City of City of City of City of RESOLUTION NO. 5069 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO ESTABLISH A PENALTY FEE FOR FAILURE TO ABATE WEEDS PURSUANT TO ARTICLE 5, CHAPTER 2, PART 2 OF THE MUNICIPAL CODE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to various provisions of the municipal code, the Council hereby establishes a penalty fee for failure to abate weeds and debris pursuant to Section 5220.4 of the municipal code in the amount of $75.00 SECTION 2. The fee set forth in this Resolution shall become effective on April i5, 1983. On the motion of Councilman Griffin seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig. NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this lst day of March 1983. ATTEST: R 5069 (1 Resolution No. 5069 (1983 Series) Page 2 APPROVED: U y Administrative Offic r City Attorney Finance rec or 'J Jolter) �ii)Qd1C�'J r, RESOLUTION NO.5068 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE DESIGNATION OF CERTAIN AREAS FROM PUBLIC /SEMI PUBLIC (GP 1069) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan change, in accordance with the California Govenrment Code and the General Plan Amendment Regulations of the city; and WHEREAS, the.action comprises the general plan amendment heard.by the Planning Commission in.January 1983; and WHEREAS, the potential. environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the city's Environmental Impact procedures and Guidelines; and and WHEREAS, the Planning Commission has recommended approval of the changes; WHEREAS, the changes to the Land Use Element map are fully described in Exhibits A, through F, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. 1. The Land Use Element is amended as shown in the attached Exhibits. 2. The Community Development Department shall cause the changes to be reflected in the publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 5068 Resolution No. 5068 (1983 Series) GP 1069 Page 2 ' --D On motion of Councilwoman Dovey seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 1st. day of March 1983. ATTEST: , 0"," Citj Clerk Pamela Vo s APPROVED: . e, Q !" City Administrative 0 fice City Attorney Community Development Director A: Pub. . /semipublic to Office 1�1J B: Public /semipublic to Retail Commercial C: Public /semipublic to Medium - high- density Residential IIII''W1'' • aQ NPi" a /40S S (Rv� f e fV Jvdy L �r�fr�er {iis f� RESOLUTION NO.5067 (1983 Series) A RESOLUTION OF THE 'COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPP.09AL F " " ^m?si ?TATIVE MAP'FOR TRACT 1096 LOCATED AT 777 CHOPRO 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 Tract 1096 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 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 and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likley to cause public health problems. 7. The proposed subdivision is granted a negative declaration on environmental impact. SECTION 2. Conditions. That the approval of the tentative map for Tract 1096 be subject to the following conditions: 1. Subdivider shall grant an easement over the common lot area, except under structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 2. Subdivider shall install separate water meters for each unit. Water meters shall be clustered in the sidewalk at Mill Street frontage. 3. On -site sewer shall be private. 4. Subdivider shall dedicate property at easterly corner of the site to provide a 10' property line radius, to allow improved turning radius at Chorro /Mill intersection. 5. On -site drainage system shall be designed to the approval of the City Engineer and Chief Building Official. R 5067 Resolution No. 5067' �\ (1983 Series) Tract 1096 Page 2 6. Subdivider shall prepare conditions, covenants, and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: A. A homeowner's association to enforce the CC &R's and provide for professional perpetual maintenance of all common areas including landscaping, private streets and driveways, private utilities, drainage facilities, lighting, walls, fences, etc., in first class condition; homeowner's association shall maintain common lot. B. Grant to the City of San Luis Obispo the right to maintain common area if the homeowner's association fails to perform and assess the home- owner's association for expenses incurred,c.and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo the right to order vehicles parked in unauthorized places to be towed away on a complaint basis. E. No outside storage of boats, campers, motorhomes, and trailers, nor long -term storage of inoperable vehicles. F. No outside storage by individualsunits except in designated storage areas. G. No change in city - required provisions of CC &R's without prior City Council approval. H. Homeowner "s association shall file with the City Clerk the names and addresses of all officers of the homeowners association. Said change shall be filed with the City Clerk. 7. Subdivider shall install one street tree per 35 ft, of property frontage, to city standards and to the approval of thePublic Works Department. 8. Subdivider shall pay sewer, water- and park in -lieu fees as calculated by the City Engineer. 9. All units shall be numbered in accordance with an addressing plan approved by the Community Development Department. 10. A total of 13 vehicle parking spaces shall be provided on site to the approval of the Architectural Review Commission. Ten spaces shall be garages and three spaces shall be "for guest parking, which may be tandem spaces. 11. Subdivider shall make a diligent effort to have the existing structure relocated, including notifying groups and individuals who may be interested in relocating the structure. The structure shall be available for relocation at no cost but the subdivider shall have no obligation to share in the cost of actually moving the structure. 12. Subdivider shall make a diligent effort, to the satisfaction of the Architectural Review Commis §ion, to incorporate solar energy and energy conservation measures into the project. Resolution No. 5067 (1983 Series) Tract 1096 Page 3 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 1st. day of March , 1983. ATTEST City Clerk PameYa og APPRO City Administrative cTfficet City Attorney Co unity Development Director �Olss RESOLUTION NO. 5066 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR TRACT 842 LOCATED AT 3023 ROCKVIEW PLACE. WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Tract 842 is granted a twelve -month time extension to January 2, 1984, subject to original parcel tract map conditions as specified in City Council Resolution No. 4069 (1980 Series) attached hereto. On motion of Councilman Griffin , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Biilig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this lst:day of March , 1983. ATTES . i Gt'rn,4�Gt. UII� ,� Citi Clerk Pamela VoVs R 5066 N Resolution No.5066(1983 Series) Tract 842 Page 2 AmD: a City Administrative OffScer A44L�-�� City Attorney Cordahnity Developm nt Director �J �s RESOLUTION NO. 406.9 (1980 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP 842 LOCATED AT 3023 ROCU IEW PLACE 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 842 and the Planning Commission's recommendations, staff recommenda- tions 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 of tract 842 be sub- ject to the following conditions` 1. Tract corners shall be set by a registered civil engineer or land surveyor. 2. A re,istered 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 underground. 4. If sewer service to each unit is to be provided by extension of the public sewer main, said main shall be six inches in diameter and constructed to city standards and easements shall be granted to the city subject to approval of the city engineer. Sewer main shall be at least 10 feet from water lines and five feet from retaining walls with no restrictions to access. Sewer may be private and shall be four inches in diaicter minimum. 5. Subdivider shall install individually metered water service to each dwelling unit. Meters shall be clustered in sidewalk at property frontage. 6. Subdivider shall install an on -site fire hydrant or a heat activated fire alarm system throughout project to the approval of the fire department. 7. Subdivider shall.pay park in -lieu fees prior to final map approval. 8. Subdivider shall construct standard street improvements at property frontage consisting of curb, gutter, four -foot integral'side:ralk and one -half street paving.as determined by the City Engineer. If street improvements are not completed and /or paid for prior to recordation of the final map, bonding to the approval of the City Eng:i.neer shall be required. 9. Conditions, covenants and restrictions shall be.approved by the City Attorney and Community Development Department Director. CC &Rs shall contain the following provisions: a. Creation of a homeowners association to enforce the CC &Rs and provide C or professional, perpetual maintenance of all common area including driveway, landscaping and all building exteriors in a first class condition. R !,nr,q •f. Resolution No. 406 ^• Tract 842 -- Page 2 9. 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, motorhomes and trailers, nor long -term storage of inoperable, vehicles. f. No outside storage by individual units except in garages and enclosed patios. g. Homeowners association to provide for maintenance and repair- of private sewer and water lines. h. No change in city required provisions of CUR's without prior City Council approval. 10. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with General Plan Noise Element: 11. All on -site driveways, nonstructural improvements, and utilities shall be installed as subdivision improvements.. 12. Final map shall provide utility easements acceptable to the utility companies and City'Engineer. 13. The final map shall contain a note that-all property above the 285 foot contour elevation shall be kept in permanent open space and no structures or grading. shall be allowed. 14. This resolution shall be effective upon the effective date of Ordinance. No. 836, rezoning this property from R -2 -S to R -2 -PD. In the event Ordinance No. 836 is not effective on or before February 1.5, 1980, this resolution shall expire. The tentative map hereby approved shall expire 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 Dunin, and on the following roll call vote: AYES: Councilmembers Bond, Dunin and ""ayor Cooper . NOES :, Councilmembers Bill.ig and Jorgensen ABSENT: None The foregoing resolution was passed and ado ••1 ATTEST: City 7 k-J..H. Fitzpatrick. r d this 2nd day of January, n K. cooper M doss RESOLUTION NO.5065(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE NUCLEAR REGULATORY COMMISSION DEFER RELICENSING OF DIABLO CANYON POWER PLANT UNTIL REVERIFICATION PROGRAM AND SAFETY STUDIES ARE COMPLETED WHEREAS the Diablo Canyon power plant has been the subject of a reverification analysis of its seismic safety as required by the U.S. Nuclear Regulatory Commission (NRC); and WHEREAS the NRC recently adopted a licensing schedule which permits restoration of the plant's license and fuel loading before the reverifi- cation program is completed, before the results are analyzed, and before any corrective action called for in that program, if'any, can be imple- mented; and WHEREAS the licensing schedule for the plant also has no provision for the completion of studies of three plant safety systems ordered by the NRC, nor for the analysis of those studies, nor for the implementation of their recommendations; THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo urges, in the interest of the public's health and safety, that licensing, fuel loading or operation of the Diablo Canyon power plant be deferred until the reverification program and safety studies commissioned by the NRC are finished; the plant is proven to be safe; and all plant modifications to safety related structures, systems, and components are completed. SECTION 1. The City Clerk shall furnish copies of this resolution to: Nuclear Regulatory Commission; Congressman Leon E. Panetta; and Congressman Morris Udall R 5065 Resolution No. �33 Series) J Page 2 On motion of Councilman Griffin seconded by Mayor Billig , and on the following roll call vote: AYES: Councilman Griffin, Mayor Billig and Councilwoman Dovey NOES: Councilman Dunin ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 1st. day of March , Approved: fa�xt Q- City Administrativ Offi er City Attorney N� %cz r ,�E� yv/9 /cry ',�f��C�o�� ! ear Pa.��'e�`�i l''%O�r -iS l��a // �, %� i . RESOLUTION NO. 5064 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZONE 9 FOR EROSION CONTROL SERVICES. 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 San Luis Obispo County Flood Control District 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: San Luis Obispo County Flood Control District; City Finance Director, City Engineer. On motion of Councilman Griffin and on the following roll call vote: seconded by Councilman Dunin , AYES: Councilmembers Griffin, Dunin, Dovey and. Mayor Billig NOES: None. ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 1st day of March 1983. City Attorney Finance Director / City 4ngifteer R 5064 AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZONE 9- AND THE CITY OF SAN LUIS OBISPO OR EROSION CONTROL SERVICES This Agreement entered into on the 1st day of March ; 1983', between the City of San. Luis. Obispo, (hereinafter referred to as "City; ") and the San Luis.Obispo County Flood Control and Water Conservation District Zone 9, (hereinafter referred to as "tone: 91=) ; WITNESSETH: WHEREAS, Zone 9 and the City have agreed. that certain areas within Zone 9 and the City are in geed of erosion control; and WHEREAS, Zone 9 has the capital funds for material purchases and the City has the manpower and expertise for the design for the "required projects; and WHEREAS,.construction of the projects can be accomplished with the cooperation of personnel from the California Conservation Corps; and WHEREAS, it is in the public interest that Zone 9 and the City understand and agree to the services to be performed by each for the correction of the erosion problems. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, Zone .9 and City mutually covenant and agree as follows: 1. Zone 9 and City will accomplish certain erosion control projects within Zone 9 and City as set forth in Exhibit "A" hereto. 2. Design and Related Services. City .shall perform all design drawings and related services for said erosion control projects and shall do so in a manner so that the projects can be constructed in the field by untrained or limited trained personnel. City shall also act as the lead agency in complying with the California Environmental Quality Act. 3. Purchase of Materials. Zone 9 shall purchase all materials and labor up to the budgeted amount of $118 .4156. Any expenditures over the budget amount will be paid for by the City. 4. Construction Labor. Zone 9 will contract and arrange for California Conservation Corps (CCC) personnel to do the actual construction work. On the job supervision will be supplied by City and California Conservation Corps. If CCC is or becomes unavailable to do the construction work, Zone 9 will attempt to provide replacement labor. At:Zone.9's request, City shall provide City personnel to work on or complete the projects; provided, Zone 9 shall reimburse City for City.'.s actual costs incurred in providing City crews. In cases requiring laborers possessing skills above and beyond those of the CCC personnel, Zone 9 shall provide such additional skilled laborers. at Zone 9's expense. At Zone 9's request, City shall receive informal bids for such additional skilled laborers and submit the same to Zone 9. City shall supervise such additional laborers. Nothing in this paragraph shall obligate Zone 9 to incur any expense or make any expenditure in excess of the budgeted amount of $118156. 5. Heavy Construction Equipment. City will supply and maintain all heavy construction equipment reasonable and necessary to the completion of the said projects, provided City already,owns the necessary equipment. In the event the scope of the construction requires heavy equipment which the City does not own, Zone 9 shall supply and maintain such additional heavy equipment at Zone 9's expense. At Zone 9's request, City shall receive informal bids for such additional heavy equipment and submit the same to Zone 9. Nothing in this paragraph shall obligate Zone 9 to incur any expense or make any expenditure in excess of the budgeted amount of $118,156. 6. Maintenance. City will maintain all completed works at no cost to Zone 9. 7. Ownership and Liability. City will assume ownership and liability for the completed works. 8. Term. This agreement will commence on the 1st day of March, 1983 and terminate on the completion and fulfillment of all conditions. 9. Indemnification and Sole. Conduct. Each party hereto shall defend, indemnify and save harmless the other party and the other parties officers, agents and employees -2- from and against all claims, demands, liability, costs, expense, damages, causes of action, including bdt.-not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional acts of the party or its officers, agents, or employees, or independent contractors, solely responsible to such party in per- forming or attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act. 10. Indemnification for Joint Conduct Between Zone 9 and the City. The City shall defend, indemnify and save harmless County and its officers, agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damaged, causes of action including but not limited to inverse condemnation and judgments arising out of the joint negligence or joint intentional acts of City and Zone 9 and their officers, agents, employees, or independent contractors directly responsible to them in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act provided however that County shall be solely responsible for the amount of any judgment rendered solely against the Zone 9 or one of its agents or employees if such judgment is specifically rendered in court finding of responsibility by Zone 9 or one of its agents or employees for an act of negligence and City shall not be required to indemnify Zone 9 for such judgment. Likewise City shall be solely responsible for any judgment rendered solely against it or its agents or employees, which is based upon acts or omission by it or one of its agents or employees. Zone 9 agrees to cooperate with City in the defense of any such claims of litigation. IN WITNESS WHEREOF, City and Zone 9 have executed this contract on the day and year first hereinabove set forth. -3- . C Approved as to Form: County Counsel City lerk Pamela Voge 0 SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 9 By: Board of Supervisors CITY OF SAN LUIS OBISPO -4- C. M51 L —�— Z a a s —I— c ° 11 LEGEND / MAP OF SAN LUIS OBISPO ` :'- = = 'M1.M;' 1 , :,, . ''• +, ih, "v. CALIFORNIA POLYTECHNIC STATE a .�'' —♦ 1 �q ' I`1 S•i Y� i`,.'. t'.i 'll UNIVERSITY r F a 1a •1 ♦ C D {. it O7 SLO Creek @ California Blvd. OSLO Creek @ Santa Rosa ', ,i" ;• f �___ 40SLO Creek @ Brook Street SLO Creek @ Toro Street G 't . • \% \ LACUNA q� s ' o. • J \ lOPerfumo Creek 2 3 SLO Creek @ Sewer Farm III a T SAN LUIS 08m COUNTY AMKXT K I I 101 I i T '>zl� I I 2 ] a 5 I EXHIBIT A: ZONE 9 PROJECTS WITHIN THE CITY LIMITS OF THE CITY OF SAN LUIS OBISPO, 1982 -1983 6744- bZ�f RESOLUTION NO. 5063 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING DAVID F. ROMERO TO ACT AS CITY AUTHORIZED REPRESENTATIVE IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE PROGRAM BE IT RESOLVED by'the Council of the City of San Luis Obispo as follows: SECTION 1. That David.F. Romero, Director of Public Works is hereby authorized to execute for and in behalf of the City of San Luis Obispo, a public entity established under the laws of the State of California, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. SECTION 2. That.the City of San Luis Obispo, a public entity established under the laws of the State of California, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements as set out_in-�Exhibit - "A" Designation of Applicant's Agent, attached hereto. On motion of' Councilman'Griffin seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey.and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 1st. day of March , 1983. R 5063 Resolution No. 5063 (1983 Series) APPROVED: Pao.4-L OL --- s etn Cit Administrative Offi er City Attorney C C. E�n�81 �IT „A;► � DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY City Council OF City of San Luis Obispo (Governing Body) (Pitblic Entity) THAT David F. Romero Director of Public Works * (Name of Incumbent) (Official Position) OR * (Name of Incumbent) , Governor's Authorized Representative, is hereby authorized to execute for and in behalf of City of San Luis Obispo a public entity established under the laws of the State of California , this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT the City of San Luis Obispo , a public entity established under the laws of the State of California , hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this 1st day of March 1983 MAYO ME IE C. BILLIG_ ATTEST: - - - --- - -- - CITY CL�K PAMELA V GES. CERTIFICATION I, Pamela Voges duly appointed and City Clerk of (Title) City of San Luis Obispo do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of City of San Luis Obispo (Governing Body) (Public Entity) on the lst - day of March 19 83 Date' March 2, 1983 City Clerk (Official Position) _ (Signature) *A'ame of incumbent need.not be provided in those cases where the governing "body of the public entity desires to authorize any incumbent of the designated official position to represent it. FEMA Form 9463, MAR 81 ST�f� APPLICANT ASSURANCES tnd certifis that he will comply with'tHe,F.EhIA "regulations; policie--- guidelines, and requirements including / A-102, 7 MC 74-4, as they relate to the hpplicstion,dacceptanc , use of Federal funds for this Federally - - licant gi ssurance and certifies with respect to and as a conditio,,tir the grant that: to apply for the grant, and to finance Ifacilities;:that a resolution, motion or + adopted or passed as an official act % body, authorizing the filing of the ierstandings and assurances contained ithorizing the person identified as the I.applicant to act in connection with "de such additional information as I — ltwill comply with the provisions of: Executive Order 11988, relating to Floodplain Management and Executive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient. funds -available -to meet`the'.non- Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed. 4. It will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the grant pro - gram(s) have been met. 5. It will provide and maintain competent and adequate architectur. al engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller General, through anv authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. S. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Phvsically Handi- capped," Number A117.1 -1961, as modified (41 CFR 101-17 - 7031 ). The applicant will be responsible for conducting . in- spections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commence& within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 10. it will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11. It agrees to comply with Section 311, P.L. 93 -288 and with Title VI of the Civil Rights Act of 1964 (P.L. 83 -352) and in accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, . or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial as- sistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assist. ance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards their positions for a purpose being, motivated by a desire others, particularly those wit h or other ties. 13. 14. to prohibit employees from using that is or gives the appearance of for private gain for themselves or whom they have family, business, It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property 'tcqui. sitions Act of 1970 (P.L. 91.646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally- assisted programs. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law. program requirements, and other administrative requirements - approved in accordance with OMB Circular A -102, P.L. 93-238-as amended, and applicable Federal Regulations.- 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 17. (To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agenev (FEbIA) Project Application for which Federal Financial as- sistance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 205, and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. 19. It will (1) provide without cost to the United States all lands, easements and rights -of -way necessary for accomplishment of the approved work; (2) hold and save the United States free from damages due to the approved work or Federal funding. 20. This assurance is given in consideration of and for the purpose of obtaining anv and all Federal grants, loans, reimbursements, ad- vances, contracts, property, discounts of other Federal financial assistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this as- surance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear on the reverse as au- thorized to sign this assurance on behalf of the applicant. 21. It will comply with the flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87Stat. 975, approved December 31, 1973. Section 102(a) requires,.on and after March 2, 1915, the purchase of flood insurance in communities where such insurance is available as a'condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Director, Federal Emergency Management Agency as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, . or any other form of direct or indirect Federal. assista nce. 22. It will comply with the insurance requirements of Section 314. PL 93.258, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, orcon- structed with this assistance. 23. It will defer funding of any projects involving flexible funding until FEMA makes a favorable environmental clearance, if this is required. 24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation. Act of 1966, as amended, (16 U.S.0 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (i(3 U.S.C. 469a -I et seq.) by (a) consulting with the State Historic Preser- vation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic places that are subject to adverse effects (see 36 CFR Part 800.5) by the activity, and notifying the Federal grantor agency of the existence of any such proper- ties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will, for any repairs or construction financed herewith, comply with applicable standards of safety, . decency and sanitation and in conformity with applicable codes, specifications and stan- dards; and, will evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take ap. Propriate action to mitigate such hazards, including safe land use and construction practices. STATE ASSURANCES The State agrees to take any necessary action within State capabilities to require compliance with these assurances and agreements by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director. RESOLUTION NO. 5062 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE MANAGERIAL COMPENSATION PLAN ESTABLISHED BY RESOLUTION 4936 (1982 SERIES) TO INCLUDE THE POSITION OF UTILITIES MANAGER. WHEREAS, the City Council approved the establishment of a Utilities Manager position in the Public Works Department; and WHEREAS, the City Administrator has determined the level of duties of the position and scope of operation are similiar in nature to the positions in Management Group V of the Management Salary Schedule. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The position of Utilities Manager shall be compensated in accordance with Resolution 4936 and shall be placed in Management Group V of the Salary Schedule. The monthly Salary Range for 1982 -83 is $2800 $3400. On motion of Councilman Griffin , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 1st. day of March , 1983. ATTEST: Lnize- 0""'9' — CITt CLERK PAMELA VO S R 5062 O 0 Resolution No. 5062 (1983 Series) APPROVED: e,4 Q City Administrative Officer City Attorney , a,x,-� c , Personnel Director RESOLUTION NO. 4936 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A MANAGERIAL COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT. WHEREAS, the City Council is desirous of establishing a comprehensive Management Development and Compensation policy; and WHEREAS, the Council is committed to a compensation policy that strengthens the recruitment and retention of well - qualified and effective managerial staff; and WHEREAS, Council determines that merit and performance shall be the basis for managerial compensation; and WHEREAS, Council recognizes that under Section 701 of the City Charter the selection, development, evaluation and level of compensation of certain, individual departmental managers and immediate management staff is the responsibility of the,City Administrative Officer. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. A managerial salary plan is an important component of a comprehensive compensation policy. In order to remain competitive with the professional marketplace and promote merit and performance as the criteria for individual salary determinations, the following open -range Management Salary Schedule for fiscal year 1982 -83 is authorized: MANAGEMENT SALARY SCHEDULE - FISCAL YEAR 1982 -83 1982 -83 Monthly Management Group Management Position Salary Range I City Administrative Officer $3800 - $4400 II City Attorney $3500 - $4100 III City Clerk $2100 - $2700 R 4936 m Resolution No.4936 C" (1982 Series) 1982 -83 Monthly Management Group Management Position Salary Range IV Public Services Director Fire Chief $3200 - $3800 Police Chief V City Engineer Finance Director $2800 - $3400 Community Dev. Director VI Personnel Director Recreation Director $2400 - $3000 Asst. City Administrator Subsequent changes in any group salary range shall be authorized by Council resolution. Section 2. The City Council shall evaluate the performance of management staff in management groups I through III, and shall determine individual levels of salary within the designated ranges and under the criteria set forth in Section 1. Section 3. The City Administrative Officer is responsible for and shall be held accountable to the Council for the performance and evaluation of subordinate management staff. The City Administrative Officer shall evaluate and determine individual levels of salary for positions within management groups IV through VI in accordance with professional compensation principles and which reflect merit and performance as the standard and basis for managerial compensation. Such determinations shall be within the respective monthly salary ranges specified in Section '1 and may include increases, no change or decreases in salary levels within the designated range. Further, the City Administrative Officer is authorized to implement salary level determinations by phases during a fiscal year (the first sentence of Section 2 of Resolution No. 4872 (1982 Series) is hereby superseded; in all other respects Resolution No. 4872 shall remain in full force and effect). Page 2 Resolution No. 49360 (1982 Series) Section 4. The total cost increase for management compensation in management groups IV through VI for fiscal year 1982 -83 shall not exceed in total 7.5% of the total existing year -end compensation for management in 1981 -82, excluding any new positions created subsequent to fiscal year 1981 -82. The management fringe benefits adopted by Council Resolution 4580 (1981 Series), Article II, marked Exhibit "A," shall be continued during fiscal year 1982 -83. 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 31st day of August 1982. ATTEST: i City Clerk Pamela Voga APP City Administrative 0 ficer [mac Finance i or City Attorney Personnel Director Page 3 ie C. Billig ��`'�rso��nU1 �I / °vn �� -c'� � `�7� -- RESOLUTION NO. 5061 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ANNE RAMSAY FOR PERSONAL SERVICES PROVIDED FROM March 1, 1983 through June 30, 1983 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 Anne Ramsay is hereby ac,p.rcved 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 : Anne:.Ramsey, Human Relations Commission, City's Finance Director. On motion of Councilman Griff,irrseconded by Councilman Dunin', and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed a ATTEST Ci t Jerk ed this 1st. day of March . 1982 L4. r anie Billig R 5061 AGREEMENT LANDLORD /TENANT INSPECTION SERVICE ANNE RAMSAY THIS AGREEMENT, is by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (- herein after referred to as "City) and Anne Ramsay, independent contractor providing consulting services (hereinafter referred to as "Consultant "). WHEREAS, Consultant has the expertise to maintain,a program known as Landlord Tenant Inspection Services (LTIS) and WHEREAS, City desires to retain Consultant.-as an independent contractor to provide certain services not currently performed by City employees or available within City services. NOW, THEREFORE; City and Consultant for in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Commencing March 1, 1983 Consultant agrees to provide services to the city as directed by the Human Relations Commission. Said services shall continue through June 30, 1983, providing, however, that either party may terminate this agreement by 14 days written notice to the other party. 2. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereunder Consultant, as all times covered by the terms of the agreement, is acting as a free and independent contractor and not as an employee of the City. 3. City agrees to provide office space and supplies necessary for performance under this agreement, subject to purchase authorization by the City. All supervision and direction necessary shall be provided by the Human Relations Program coordinator in accordance with the guidelines established by the Human Relations Commission of the City of San Luis Obispo. 4. City agrees to pay consultant at the rate of 60% of fees collected, said fee amount and structure as shall be established by the Human Relations Commission. 40% of the fees collected will be retained by the City for use by the Human Relations Commission for promotion and publicity of the LTIS program. Consultant shall transmit to the HRC a monthly statement of the services provided prior to payment stating the inspections made and full particulars as to clients and services. Consultant shall not accrue vacations, sick leave, or other similar benefits including unemployment insurance and medical benefits available to regular city employees. 5. Consultant agrccs to use her best efforts to ma,otaih a program to be known as the Landlord /Tenant Inspection Services (LTI.S). LTIS shall be a service made available to the tenants and landlords in the City of San Luis Obispo. No services under this agreement shall be provided outside the City of San Luis Obispo. Such services will consist of, but not be limited to, an inspec- tion of rental premises upon the request of either a landlord or a tenant and the preparation of a report setting forth the condition found to be present in said premises. Consultant agrees to work within .such guidelines as may be set forth from time to time by the Human Relations Commission of the City of San Luis Obispo. 6. This is an agreement for personal services and is not assignable without the prior written consent of the City. 7. All information and records collected by Consultant shall remain:the property of the City of San Luis Obispo. 8. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: 0 CITY: CITY CLERK City of San Luis Obispo PO Box 321 San Luis Obispo, CA 93406 CONSULTANT: ANNE RAMSAY 60 Mariposa Drive San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this lstday of March, 1983. CONSULTANT ANNE RAMSAY CITY OF S RJIS BI PO Chairpers' n, Human Re tions Commission John a r s e h, anie Billig ATTEST: '�2 ", ' City Clerk Pamela V ges 1 RESOLUTION NO. 5060 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A MUTUAL AID AGREEMENT WITH CAL POLY UNIVERSITY BE IT RESOLVED by the Council of the City of San Luis Obispo 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 Cal Poly University for a mutual aid response between agencies including automatic aid for structure fire emergencies. This agree= ment shall remain in effect for 90 days starting April 1, 1983 and ending July 1, 1983. At the conclusion of the evaluation period a permanent Mutual Aid Agreement shall be prepared for adoption. SECTION 2. The City Clerk shall furnish a copy of this resolu- tion and a copy of the executed agreement to Cal Poly University and to the Fire Chief. On motion of Councilman Griffin , seconded by Councilman Dunin , and on the following roll call vote: AYES:: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES:_ None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this ist. day of March , 1983. ATTEST: On,-,C,4 CITY CLERK .PAMELA VO S R 5060 Resolution No. 5060 (1« ' Series) Page 2 -2- APPROVED: Q4,Lt a CITY ADMINISTRATIVE OFFICER L 1 04 0c 1111111�11� 11,11 1110 CITY ATTORNEY j z EXHIBIT 'A' AGREEMENT EM (& D DIY MUTUAL 91.12. THIS AGREEMENT, made and entered into this 1st. day of 1983, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter referred to as "City ") and California State University, San Luis Obispo, (hereinafter referred to as "University), as follows: A11hEIIEIfl: WHEREAS, the parties hereto are geographically located in proximity to each other in the County of San Luis Obispo; and WHEREAS, the CITY and UNIVERSITY each maintain a fire protection organization for the purpose of providing fire protection within their respective jurisdictions; and WHEREAS, it is to the mutual advantage and benefit of the CITY and the UNIVERSITY that each render automatic fire protection to the other in the event of a structural fire, and /or other local emergency of a_ magnitude . that has developed or appears to develop beyond the control of a single party and therefore requires the forces of both parties hereto; and WHEREAS, arrangements between the CITY and UNIVERSITY fire department/ fire section for the more effective use of equipment and manpower is desirable to enable coordination of all equipment and manpower within certain areas and avoid unnecessary expansion in personnel and /or equipment by an individual fire agency; NOW, THEREFORE, in consideration of their mutual convenants, the parties hereto agree as follows: I. In the event of any structural fire or other local emergency, the other contracting governmental agency agrees, upon request, to furnish automatic aid in coping with such disaster or local emergency to the agency requesting such aid upon either an actual or standby basis. 2. Details as to methods of requesting automatic mutual aid and the names of persons authorized to send and receive such requests, together with lists of equipment and personnel which will be subject to call, will be covered by correspondence between governmental agencies and the departments there6f from time to time. 3. Personnel who are furnished will work as far as possible under their own supervisors, and equipment furnished will ordinarily be operated by personnel of the agency furnishing the equipment. General directions relative to the work will be given by the appropriate officers or persons of the agency receiving such aid. 4. No party to this agreement shall be required to pay any compensation to any other party to this agreement for services rendered hereunder, the mutual advantages and protections afforded by this agreement being considered adequate compensation to all of the parties. 5. This agreement is intended to cover day - today mutual aid only and shall be of no force and effect in cases in which a state of extreme emergency has been proclaimed and when the California Disaster and Civil Defense Master Mutual Aid Agreement becomes operative. 6. There shall be established by both agencies a designated area of equal influence for structural fire protection and other types of emergencies so if certain emergencies arise or limitations of resources occurs either agency, by established criteria, will immediately respond ti C� with minimum delay to assist the requesting agency to control those certain emergency conditions or to reduce those limitations of resources within the designated area of fire protection. 7. All requests for assistance from either agency shall be made by and to the persons directly in charge of fire control or by and to the authorized assistants. 8. in no instances shall the requesting agency be held liable for any claim arising out of loss, damage or injuries to persons or property furnished by the Mending agency. 9. It is agreed that the requesting agency shall give priority to the release of the equipment and personnel of the lending agency when a fire hazard is brought under conrol. 10. The nature and amount of services and equipment, if any, to be furnished shall be determined at the sole discretion of the lending agency provided, however, if an agency to whom such a request is made at any time leaves its own area unprotected by furnishing all of its equipment and personnel to the requesting agency, said requesting agency shall provide adequate standby services to the lending agency. In such cases where the CITY requests automatic aid from the UNIVERSITY, the CITY further agrees to provide the UNIVERSITY, one engine company staffed with two Fire Department employees on a standby basis at City Fire Station One, for the expressed purpose of providing fire and emergency medical service to the jurisdiction of the UNIVERSITY while its fire section equipment and personnel are committed to providing automatic aid within the jurisdictional limits of the CITY--as herein agreed to. 11. This agreement shall not be construed as or deemed to be an G �J� agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with furnhishing mutual aid under this agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of such party. 12. Any party to this agreement may withdraw at any time, upon thirty days written notice to each of the other parties, and thereafter, such agreement shall cease to exist. DATE: BY \ CALIFORNIA POLYTECHNIC STATE J\ UNIVERSITY TITLE: DATE: 0 1 Q ID C �'ILV E H; 11 C A DR 'V PA TRI ONm a..o (�'� IIo`�C p a W l� j \ D rf' 3 I »I O by m ,02, o r rn do �fl / ? C.: REF .R =Y < /^ m VTAL [APR.p`C LA AN, DO ASSA„_fIRA. J.T SAJAR.`, Si• t N S" 3EP,P. - - �- U5�3{ CUE`' c. _ / \ Ll ERDE m aNlr_t 1 DR. I r x i t ?� 0 PALON'11R FERRINI / ° 5 \`A i1 0 W Y P ;NTOtl m ' \ , O/ " ty , u Y V m N �� / 1 �; CASA 9 A St �1 S TEI NE RI 7 O� \ Et LEr' W Y.' ^ ^i T O n n - - L N - - (41 1 N p . F -- HEP {DERSON C � r C 9Y BU N ,�, O �a z� Q< yF� toll tnQ � 0 SV a oo ...,; Z 9 I py� MDl I mi Z> Z m- b ° I ors — — N p no .J O 0 < v U D 1 a n0 M o M lc M N a 0 N JD s o� c� n n n l /O � n /tYJ� �\ � w \) ,,1�,.- _.f__� v OM RESOLUTION NO. 5059 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO ART ASSOCIATION FOR CITY TO PAY ASSOCIATION $500 TO BE EXPENDED FOR FISCAL YEAR 1982 -83 BE IT RESOLVED by the San Luis Obispo City Council 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 San 1 Luis Obispo Art Association 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: San Luis Obispo Art Association; City Finance Director. On motion of Councilman Griffin , seconded by Councilwoman Dovey f and on the following roll -call vote: AYES: Councilmembers Griffin, Dovey and Mayor Billig NOES: Councilman Dunin ABSENT: Councilman Settle The foregoing Resolution is passed and adopted this 1st. day of March, R 5059 Resolution No. 5059 (1 "'3 Series) "\ Page 2 � J APPROVED: . POL"-L Q r-4, tffn City Administrative Off cer AMIA�-,. - City 4torney Finance Dire for Assi n City Administrative Officer G,LBIT "A" A G R E E M E N T TO ACCOMPANY GRANT BY THE CITY OF SAN LUIS OBISPO TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1982 -83 SAN LUIS OBISPO ART ASSOCIATION This agreement, made and entered into this 1st day of March, 1983, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and SAN LUIS OBISPO ART ASSOCIATION (referred to herein as "Association "). W I T N E S S E T H: WHEREAS, City desires to sponsor and support activities of a cultural, artistic, and educational nature for the benefit of the City's residents and for the promotion of the City as an inviting place for visitors and tourists; and WHEREAS, Association has demonstrated its ability to provide a program which contributes to the quality of life in San Luis Obispo; and WHEREAS, Association has requested City to grant it funds to conduct its program, all as set forth in Exhibit 1 application attached hereto and incorporated herein by reference. 1. City agrees to pay Association the sum of five hundred dollars ($500) to be expended for the awards to those students, selected by the Association, who have successfuly competed in the Student Art Awards Show. 2. On or before April 15, 1983, Association will provide City with a detailed statement of its income and expenses for the previous twelve -month period ending March 31, 1983. s 3. Association and all of its agents, representatives, and participants in any manner in the performance of Association's obligations and duties hereunder shall be employees, independent contractors or volunteers for Association and shall not for any purpose be considered as employees or agents Of City. Association agrees to hold City harmless and to defend City in any action, proceeding, or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City, including limitation, all actions and claims based upon contract, tort, or statutory provisions. 4. For purpose of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: Office of the City Clerk, City of San Luis Obispo Post Office Box 321, San Luis Obispo, CA 93406 Association: San Luis Obispo Art Association, Post Office Box 813, San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized, as of the date first written above. ASSOCIATION: SAN LUIS OBISPO ART ASS ON By: CITY OF SAN LUIS OBISPO: v PameJ,h Voges, City Cl .k RESOLUTION NO.5058(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BOOK PUBLISHING COMPANY TO COMPLETE CODIFICATION OF THE SAN LUIS OBISPO MUNICIPAL CODE 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 Book Publishing Company is 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: Book Publishing Company; City Finance Director; City Attorney. On motion of Councilman Griffin , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle The foregoing Resolution is passed and adopted this 1st. day of March; 1983. ATTES . IL°1 CIT CLERK PAMELA VOAES R EL E C. BIL IG R 5058 SCO /CC2 /11/81; PAYMENT SCHEDULE On signing of the contract, one thousand dollars ($1,000.00) is due for payment. The balance of the total cost of final edit- ing and publication of the code is due on delivery of the code books to the municipality. By written agreement signed by the company and the munici- pality, the payment schedule may be extended over a longer period. Balances due later tnan sixty (60) days after delivery of the code books are subject to a late charge. A late charge. of 1% per month may be imposed on all past due amounts. TIME: FOR COMPLETION Time is of the essence. When the cutoff date, established by mutual agreement at the editorial conference, has been reached, the municipality will send to Book Publishing Company all amend- ments, repeals and new provisions which will be included in the new code. Final editing will begin when that date has been reacned. Should delivery be delayed because of the Municipality's delay in performing its duties according to this contract, the Company shall have the right to increase the final cost of the code to compensate for any increase in labor, materials or over- head costs. CODE EDITING It will be the responsibility of the Company to prepare the code manuscript for typesetting and printing by: 1. Dividing each ordinance to be included in the code into short sections, so that each section will contain only one pro- vision of law pertaining to only one subject, to the extent reasonably possible. J FINAL EDITING AND PRINTING OF ORDINANCES FOR THE MUNICIPALITY OF SAN LUIS OBISPO, CALIFORNIA. PUBLICATION OF ONE HUNDRED (100) COPIES OF THE CODE. PLUS SUPPLEMENT SERVICE. This contract covers complete final editing and publication of one hundred (100) copies of the code in BPC 811" x 11" TWO COLUMN COMPOSER FORMAT. A sample page showing the style is attached in this contract following the signature page. The code may be printed on one side of the sheet ( ), or on both sides of the sheet ( ). Choice is usually based on the probable size of the code to result in a single volume of convenient size. CHARGE FOR EDITORIAL AND PRINTING SERVICES BASIC COST 8`z" x 11" two column composer code - -450 pages ... $12,600.00 Charge for more than 450 pages, per page ........ $ 28.00 No Charge for Blank Pages BINDERS ( ) Mechanical Loose -Leaf Binders - Each ........... $ 12.75 MAP, DIAGRAM OR TABULAR PAGES Extracharge per page .. ..............................$ 10.00 This charge applies to the basic code and future supplements. TABBED DIVIDER PAGES Book Publishing Company will supply tabbed divider pages for the main sections of the code at no charge. (Additional title tabbed divider pages are available). FREIGHT CHARGES: F.O.B. - Seattle CAT.FS TAX If a state sales tax is applicable to this work, the amount of such tax will be added to the costs quoted in this Quotation and Agreement. CREDIT San Luis Obispo will receive a credit of $2450 against the final cost for the above work. This credit is being given because Book Publishing Company has already completed and delivered the first phase of the codification project, the Ordinance Analysis and Report. SC4 /CC3 /11 /81 r, 2. Technical codes which have been adopted by reference -- e.g., building, plumbing, electrical, and similar technical codes - will be excluded from the municipal code unless the municipal representative directs the Company to include such technical codes. Ordinances adopting such technical codes by reference shall be included and classified in appropriate sections of the municipal code. 3. A table showing the disposition of each municipal ordinance will be prepared and included in the code volume. 4. Catchlines for each individual section of the code will be inserted at the beginning of each section. 5. A table of contents for each chapter will be prepared con- sisting of numerical listings of the catchlines of the individual sections in each particular chapter. A table of contents for each title will be prepared consisting.of numerical listings of the chapters in each particular title. 6. An historical citation showing its legislative history and derivation will be prepared for each section of the code. 7. Cross references to related parts of the code will be prepared with proper and appropriate references in footnotes under the appropriate sections of the code. 8. Only the substantive provisions of each ordinance will be codified; provisions such as the title, ordaining clause and attestation clause of each ordinance being omitted to the extent permitted by law. 9. Where necessary, the language of existing ordinances will be edited, by revising into concise, modern and proper language to delete apparent conflicts, ambiguities and repetitious provisions. All substantive changes will be submitted to the municipal attorney for approval. 10. A complete and comprehensive index covering each sect -ion of the code will be prepared and included in the code volume. 11. Only experienced and qualified personnel will be employed in all editorial and codification work. The supervising editor will consult the Municipality, when necessary, and will keep the Municipality informed of the progress of all codification work. 12. The Municipality has the exclusive right to sell copies of the completed code and the loose -leaf supplement material. SC5/CC4 11/81 C WARRANTY AND DISCLAIMER Wnere conflicts, inconsistencies or ambiguities are apparent to the Company, they will be brought to the attention of the municipal attorney for his consideration. The Company warrants only that the code will contain all of the currently effective ordinances provided to the Company by the Municipality as revised and amended according to instructions from the municipal attorney. MECHANICAL SPECIFICATIONS 1. Upon completion of the editorial and codification work, the code will be reproduced according to the samples submitted and the style selected by the Municipality. 2. Binders shall be a loose -leaf style selected by the Municipality -- either the binder submitted as a sample, or a binder ordered at an additional cost, as specified by the Municipality. An appropriate title approved by the Muni- cipality shall be imprinted on each binder. 3. All labor and materials for the completed code will be furnished by the Company. 'Du O/ 1.1.7 SUPPLEMENT SERVICE ANNUAL EDITORIAL CHARGE . . . . . . . . . . . . . . $100.00 PLUS PER PRINTED PAGE . . . . . . . . . . . . . . . . $ 23.00 1. Supplements will be published as often as requested by the Municipality. Supplement intervals may be changed at any time at the request of the Municipality. 2. Ordinances adopted by the Municipality are to be forwarded as they are enacted. Book Publishing Company will edit such ordinances, appending appropriate headnotes, catch - lines, cross references and explanatory notes, and reprint the page or pages of the code amended, removing the provisions superseded by the amendment and inserting the new provisions. The pages in the comprehensive index which are affected by the amendment will also be revised to take account of changes and new provisions, and will be reprinted. 3. Copies of the supplement pages for each code book, together with insertion guides containing full instructions for insertion of all supplemental material and revised index pages, will be supplied to the Municipality. 4. Supplements will be in the style and format of the original codification. 5. Payment for the supplement service will be at the rate established in this agreement. Payment is due on delivery to the municipality of the supplement material. 6. The supplement service may be terminated by written notice of cancellation received not less than 60 days prior to the editorial cutoff date for any one supplement. SC7 /CC6 11/81 ASSIGNATION, INTEGRATION AND MODIFICATION When executed by both the Company and the Municipality, this agreement constitutes the entire agreement between the parties. There are no other agreements or representations not set forth in this agreement. This agreement incorporates all prior negotiations, agreements and representations. This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. This agreement may not be modified except in writing, signed by the Company and the Municipality. LAW OF WASHINGTON TO GOVERN This agreement shall be governed by and construed in accordance with the laws of the State of Washington. WAIVER The waiver by any party of a breach of any provision of this agreement or the failure by any party to claim a breach of any provision of this agreement shall not constitute a waiver of any subsequent breach, or change the effect of or make that provision thereafter unenforceable in any way. Time is of the essence in this agreement. � I This quotation and agreement constitutes a bid by Book Publishing Coapany, a Washington Corporation, for the performance of the codifica- tion services described for the Municipality. If this quotation and agreement is executed by the Municipality within 90 days of the date hereof, it shall be a binding contract between the conpany and the Municipality. Bid submitted January 19, 1983 Book Publishing Conpany A corporation By �W 00*y1f �' ) , President and , secretary Accepted: Date OF SAN LUIS OBISPO, CALIFORNIA By: ATTES CI CLERIC °AMELA V E Chapter 2.32 CITY TREASURER Sections: 2.32.010 Term. 2.32.020 Bond. 2.32.030 Duties generally. 2.32.040 Monthly statements. 2.32.050 Annual report. 2.32.060 Deposit of funds. 2.32.070 Deputy treasurer — Office created. 2.32.080 Deputy treasurer— Appointment —Bond. 2.32.010 Term. The city treasurer shall be elected for a four -year term at the same time the mayor is elected. If a vacancy occurs in the office of city treasurer it shall be filed by the mayor with the advice and consent of the city council, the person so appointed to hold office for the unexpired term of the officer elected. He shall receive such compensation as is set from time to time by ordinance of the city council; provided however, the compensation may not be changed during his term of office. (Ord. 12 § 1, 1959). 2.32.020 Bond. The city treasurer shall give a bond in such sum as may be required by the council, but the bond shall not be less than the amount required by statute. The bond shall be conditioned upon the faithful performance by the treasurer of the duties of this office, and to indemnify the city for any loss due to any neglect of duty or wrongful act on the part of the treasurer. (Ord. 1? § 2, 1959). 2.32.030 Duties generally. A. The city treasurer shall receive all money paid into the city, either directly from the person paying it, or from the hands of such other officer as may receive it. 53 S.JL.0 I U— L.J,:mou B. He shall keep records showing all money received by him, the source from which it was received, and the purpose for which it was paid out. C, He shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto. D. He shall pay out money only on vouchers or orders properly signed by the city clerk and the mayor. (Ord, 12 § 3, 1959). 2.32.040 Monthly statements. At the end of every month, and oftener if required by the corporate authorities, the treasurer shall render an account under oath to the city council showing the state of the treasury at the date of the account and the balance of money in the treasury. He shall accompany the account with a statement of all money received into the treasury, and on what account, together with all warrants redeemed and paid by him. (Ord. 12 § 4, 1959). 2.32.050 Annual report. A. Each year the city treasurer shall make out and file with the city clerk a fill] and de- tailed account of all municipal receipts and expenditures during the preceding fiscal year; and the state of the treasury at the close of the fiscal year. B. The clerk shall publish this account at least once, within ten days, in one or more news- papers published in the municipality or circu- lated therein. (Ord. 12 § 5, 1959). 2.32.060 Deposit of funds. The city treasurer shall deposit the city funds in such depositories as may be selected from time to time by the city council. He shall receive such compensation as is set from time to time by ordinance of the city council; provided however, the compensation may not be changed during his term of office. He shall pay out money only on vouchers or orders properly signed by the city clerk and the mayor. RESOLUTION NO. 5057 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND G.D. AND NELL SPRADLIN 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 G. D. and NELL SPRADLIN, 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: G. D. & Nell Spradlin, Finance Director, City Engineer. On motion of Councilwoman and on the following roll call vote: seconded by Councilman Griffin , AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed 1 L� City A ey Finan Di " c or ity E gineer this lst. day of March , 1983 . n A- R 5057 �i. AGREEMENT AFFECTING REAL PROPERTY This Agreement is made and entered into this 1st. day of March , 1983, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ( "CITY ") and G. D. SPRADLIN AND NELL E. SPRADLIN ( "OWNERS "); (collectively referred to herein as the "parties "). RECITALS The parties enter into and execute this Agreement with knowledge and reliance upon the following facts: 1. CITY desires to construct a twenty -car parking lot at the southwest corner of Monterey Street and Broad Street, San Luis Obispo, California (the "project site ") and at CITY'S request OWNERS have agreed to participate in such project.. 2. CITY owns approximately sixty percent (60 %) of the project site; the legal description of the property CITY owns is attached hereto as Exhibit "I", and incorporated herein by this reference. 3. OWNERS own the remaining forty percent (40 %) of the project site; the legal description of the OWNERS' property is attached hereto as Exhibit "II ", and incorporated herein by this reference. 4. OWNERS own an easement for ingress and egress and other incidental purposes over and across the westerly twelve (12) feet of CITY'S portion of the project site, which easement was reserved by the Grant Deed recorded on July 20, 1977 in Volume 1996, page 281, of the Official Records of the County of San Luis Obispo (Hereinafter, "Easement "). The legal description of the Easement is attached hereto as Exhibit "III" and incorporated herein by this reference. ID NOW, THEREFORE, in consideration of the mutual respective covenants and promises set forth herein, and subject to the terms and conditions hereof, the parties agree as follows: A. CITY has prepared plans and specifications for construction of the parking lot on the project site in accordance with City Standards. Said plans and specifications shall be known as City Plan No. E -40. CITY agrees to advertise for bids, to award and administer the contract, and to inspect the work, in accordance with the provisions of Section 24 of the City Charter, and applicable state and municipal law. B. OWNERS agree to pay for 40% of the labor and materials required in construction of the parking lot at the project site pursuant to City Plan No. E -40, including, roadway excavation, base materials, asphalt paving, drainage systems, car stop and stripping, and driveway approach, but excluding all sidewalk repair or replacement and all fencing on Broad Street. C. OWNERS agree to pay for 25% of the labor and materials required by City Plan No. E -40 for installation of landscaping and irrigation at the project site. D. CITY agrees to pay for 60% of the labor and materials required to construct the parking lot at the project site and 75% of the labor and materials required to install landscaping and irrigation at the project site and 100% of all sidewalk construction, and all fencing, etc. in accordance with City Plan No. E -40. E. OWNERS agree to deposit with CITY the sum of $660.00 within ten days after CITY notifies them that bids are opened and one has been accepted. OWNERS further agree to pay the balance of their portion of the cost to CITY within ten (10) days of the date of written notification by CITY of the cost of said work, which notification shall immediately follow CITY'S final inspection of the completed construction. -2- f OWNER agrees to indemnify and hold CITY harmless from and against any and all claims, demands, actions or judgments arising from OWNERS' failure to timely pay the balance. F. Should CITY fail to begin construction of the parking lot at the project site for any reason within two (2) years of the date of this Agreement, and complete construction within three (3) years of the date of this Agreement, this Agreement shall be null and void. CITY shall return to OWNERS any funds (other than a deposit forfeited pursuant to the provisions of Paragraph E) OWNERS have paid to CITY for construction of the parking lot. G. OWNERS agree to allow CITY to construct the parking lot over the Easement. CITY agrees to allow OWNERS ingress and egress to OWNERS' portion of the project site through the driveway to be constructed on CITY'S portion of the project site. H. Any signage which CITY places on the project shall contain, in letters one -half (1/2) the size of CITY'S letters, the following words: "For customers of 1019 -23 Broad St. ". I. The rights and obligations of this agreement shall inure to the benefit of, and be binding upon, the parties to the agreement and their heirs, administrators, executors, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. OWNERS G. D. SpraClfri Nell E. Spradlin -3- / .� I ; ; CITY OF SAN LUIS OBISPO RECORDING, REQUESTED BY: •r IkST AMERICAN TITLE INSUR., :' E CO. Order No. Escrow No. SLO 801650 SF Loan I'?� �.E u d Lcan No. WHEN RECORDED MAIL TO: City of San Luis Obispo P.O. Box 321 San Luis Obispo,.California 93401 o 575420r E00000.00�1 9C OFFiCIALiRE00RDS IN LUIS OBISP'0 COM9A REO. • `.. tan 14 1 R \ I ....M• 1 1i SPACE ABOVE THIS LINE FOR RECORD E R'S 'USE% ".AIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAXI_. ..: ................. ADDRESS ABOVE ...... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or valueless Ilene r encumbrances remaining at timee�A sale. „\ Signature of Declarant or Agent datormining tax — Firm Name _ FIRST AMERICAN TITLE=INS RANCE COMPANY. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRANK ANTHONY BROWN, an unmarried man hereby GRANT(S) to CITY OF SAN LUIS OBISPO; ,he real property in the City of San Luis Obispo County of . San Luis Obispo State. of California, described as That Portion of Block 8 of the City of San Luis Obispo, in the;Gtty_of`_San Luis' Obispo, County of San Luis Obispo, according to map recorded Maiy'l,'1878, in Book A, Page 168 of Maps, described as follows: Beginning at the Southwesterly corner of Monterey and Broad Street in said..City; thence South 53 007' !'lest along the Southerlv line of said Mont'erey.Street; 77 feet to the northeasterly Corner of the Property conveyed to Henry.,Abel.,by deed recorded April 10, 1872, in Book D Page 1 of Deeds; thence South 36 °53' West.4lono.the Easterly line of the Property so conveyed, 60.02 feet to a point . ; ?thence Northeasterly 77 feet to a point on the Westerly line of Broad Street, said ooi.nt being South 36 053' East, 60 feet from the point of beginning; thence North 36°5V),1est alon.g.said !Jesterly line of Broad Street, 60 feet to the point of beginn_in : 9. + :; EXCEPTING THEREFROM and reserving unto the Grantor an easement for ingress and egress and other incidental our ooses to be used by Grantor as a _service access and pedestrian walkway to the Grantor's remaining Property over'and ;accross the !,lesterly 12 feet of the above described property. Dated ....... L�pri 1 21 , 1977 STATE OF CALIFORNIA COUNTY OF � _. San Luis Obi 55. spo i June 29, 1917 before me, the undersigned, a Notary Public in and for said State, , ersonally appeared Frank Anthony Brown known to me to be the person _— whose name q subscribed to the within instrument and acknowledged that he _ —_ _ executer; the same. wiTNESS my hand and of iicciiaalll sseall.J Signature Cmwmaansnnnnuiunusw neulltn +uttnnl� CONNIE A- DOLL O NOl'A Rl' i'U:iIJC. ICE IO}t.NW PR :N ^I2AL. OFFICE IN SAN LUIS Uls!Silu %;UUN I I My Commission Expires January 23, 1979 Ya III I r Iltt 111112 11211111I19tlrt rrLI97919InIt111111111r1fO (This area for official notarial seal) n�� MAIL TAX STATEMENTS AS DIRECTED ABOVE i�D119�e,��QT02(10/69) .&M MAI 1>�lROiC� COSY! �jjp q ®� ��p �, aao as tltt10mRAm ra t•� ms a.o. assn +I ¢ H 18 e i 31 o. in 49684 .rasa Oaa� mW, aura. ran stavelic UI f0 am" r 0. D. 9predlln so Un OBISftQ M CAL artao. P.O. Bas 1294 OCT 191978 Cnr a Son Leis Obispo, Ca 93" °so L J � MR11JIw L J7J AM 0OI= Rte. Me fhder No. U7620 -tit TL'fJi +8 1 04 fPAC[ AYOVQ THIS LIN[ FOR R[OORO[II'1 YOQ GRANT DEEM 71e undminwd declaresL that the d..vmentarr tuannfer ta, i. Vh.T.30... ......._ ............ ............................... and is ❑ computed on the full value of the intrrr.t or property cnn.r%rd. or ® nmgmted on the full talur Ir•- Ihr tapir of lirm or en, umbrarw. remaining thereon at the time of sake. The land. te'nemrm. of really i. ba'aled in Z uninrorlorntrd arra U ,.itv of Sin Luis Obispo FOR A VALUARLE CONSIDERATION. receipt of which i- herebv arinorledKM. rRAANK ANTHONY AWN, a single man hereby GR.AXTiSI to G. D. SPIWLIA and NELL E. SPRADLIP, husband and wife as cotswunity property thr follawing dr.cril »d m;.l pnq.•rtb b. the City of San Luis Obispo county of San Luis Obispo ..lute ..f I:ulibnio: See legal description attached hereto. consisting of one page... Dated -_ October 6. 19T8 �ftfF. rrr'�U nN�l L rIN cT\ lJ�1 O 1 I.t,,.. .. tin (f f 91 ...n. rn.. ,.n, l... worn... rd+lr in r' 1 anlr and str. lr...xyllt ggrmd lawn as r r V dir IIii nni adawrllwd as Ib a" r.�t e 1 rir. drl_ _ tin r. d %An; TAX STATUAIEW" To PAM sINMR lM OUJAMIRG UU FOR NOTARY 1[AL OR STAMP wall "M go to am cow �, C�rarrraa da0aar MsA 10. INO Aaaaaaar's Paewl so, .......... ........... .. .. ....._ r IF NO PAM RII 11IIIMN. V UL AS DI[TA.TED A Illl\ H —� - -- tletare Adi.� lyt► a sluar L.1 /oi 1 sloe. 04 a a WA _._ Parcel One: That portion of Block 8 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to Map filed for record May 1, 1878 in Book A at page 168 of }laps, in the office of the County Recorder of said County, described as follow : Beginning at the Southeesterly corner of Konterey and Broad stints in said City; thence Southvesterly along the Southerly line of Monterey Street, T7 feet to the Northeasterly corner of the property conveyed to Henry Abel, by deed dated February 13, 1872 and recorded April 10, 1872 in Book D at page 1 of Deeds; thence Southeasterly along the Easterly line of the property so conveyed, 210 feet more or less to the center of San Luis Obispo Creek; thence Northeasterly up the center of said Creek to its intersection vith the Westerly line of Broad Street; thence Northeesterlyy along said Westerly line of Broad Street, 200 feet, more or less to the point of beginning. Excepting therefrom that portion of said land conveyed to the City of Sin Luis Obisr^ by deed recorded July 20, 19TT in Book 1996, page 281 of official records. Parcel Two: An Easement for ingress and egress and other incidental purposes over and across the Westerly 12 feet of the property deeded to the City of San Luis Obispo July 20, 1977, to be used as a service access and pedes- trian valkvey. Y _ _ �ftf w M EXHIBIT III_ Easement for ingress and egress and other incidental purposes to be used by Developer as a service access and pedestrian walkway to the Developer's remaining property over and across the Westerly 12 feet of the below described property: Beginning at the Southwesterly corner of Monterey and Broad Street in said City; thence South 53007' West along the Southerly line of said Monterey Street, 77 feet to the northeasterly corner of the property conveyed to Henry Abel by deed recorded April 10, 1872, in Book D Page 1 of Deeds; thence South 36053' West along the Easterly line of the property so conveyed, 60.02 feet to a point; thence Northeas- terly 77 feet to a point on the Westerly line of Broad Street, said point being South 36053' East, 60 feet from the point of beginning; thence North 36053' West along said Westerly line of Broad Street, 60 feet to the point of beginning. RESOLUTION NO. 5056 (1983 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: Traffic Signal Installation & Storm C -08, E -46, E -47, PROJECT: Drain Improvement Project CITY PLAN NO. F -37, G-07C & G-07D ESTIMATE: $185,700.00 BUDGET ACCOUNT:23 -5171 60- 1881 -040 30 -5170 BIDDER: Lee Wilson Electric Co. BID AMOUNT: $147.,225.00 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 Griffin seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 1st day of March FAWAWAF MFAIFs IdA => orr/�P �f,5, W//Sor7 `Y' MEETING AGEN WA DATE ' ITEM # city of sAn tuis oBispo RESOLUTION N0.5 055(1983 Series) EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO ETHEL G. COOLEY FOR HER LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS WHEREAS, Ethel G. Cooley has served the City of San Luis Obispo for many years, always striving for the betterment of the community; and WHEREAS, Ethel G. Cooley has served as a member of the Jack House Committec since its conception, spearheading its involvement in the City's first historical rehabilitation project; and WHEREAS, Ethel G. Cooley has personally recruited and Zed working subcommittees that have accomplished: 1. A complete inventory, including photographs, of aZZ interior furnishing, household goods and other personal property deeded to the City by the Jack FamiZy. 2. A complete Zisting of over 1200 volumes found in the Jack House'Library. 3. A sorting, by year, of over 14,000 personal Jack FamiZy documents which span more than 100 years of county history and seeing that these papers were placed in the Cal PoZy Archives Library for aZZ to use. WHEREAS, Ethel G. Cooley Zed conmrittee involvement which resulted in a garden master plan that has allowed garden use by many citizens; and WHEREAS, Ethel G. Cooley has trained volunteer docents, hosts and hostesses to Zead tours of the Jack House which has made this historical facility available to the residents of the San Luis Obispo area. NOW, THEREFORE, BE.IT RESOLVED that this City Council wishes to express its gratitude and appreciation to Ethel G. Cooley for her services performed and the example she has set over the years. on motion of Councilman Griffin, seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this lst day of March 1983. . 13/PAMELA VOLES "'' MELANIE BILLIG Pamela Voges, City Clerk McLane C. Billig, Mayor Rio fS ...0 aWW ,\IL 4 RECORDING REQUESTED BY ^ t � 383 � Kit _ City of San Luis Obispo QOC.No 10864 DOC.NO 8553 pFFICIAL RECORDS OFFICX RECORDS CITY CLEWS OFFICE SA AND WHEN RECORDED MAIL TO N LUIS OBISPO CO, , CAL SAN LUIS OBISPO 00., CAL, City of San Luis Obispo MAR 1 4 1983 MAR 1 1983 P.O. Box 321 San Luis Obispo, CA 93401 FRANCIS M. COONEY FRANCIS M. a00NEY County Clerk- Reoorder County Clerk - Retarder — TIME - A - -4=o Pm -.. "a'E - -8 -o 1 AM This document is.being '- - " D re- recorded to include 3/01/831512 6 6 J Exhibit "B" which was - inadvertently omitted.- i .00 Rf .000K�1 RESOLUTION NO. 5054 (1983 Series) 1523 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS. OBISPO FINDING AND DETERMINING THAT A PORTION OF HOWARD STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT TO EASEMENT RESERVATION' FOR STORM DRAINAGE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on May 20, 1980, pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, this Council finds and determines that a port -ion of Howard Street adjacent to Highway 101 as described in Exhibit "A" and as shown on the map marked Exhibit "B ", attached hereto and incorporated herein is not necessary for present or prospective public purposes. SECTION.2. This Council hereby orders the abandonment of said portion of Howard Street subject to.a reservation of the entire abandoned area as an easement for storm drainage purposes. SECTION 3. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Griffin , AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1983. . E ATTES CITTY CL RK. PAMELA V ES VOL2471PAGE230 15th day of February , IE C. BILLIG R 5054 VOL PAGE lc] I 5054 Resolution No. 5054 (1983 Series) APPROVED AS TO FORM: 41Z Y2�= City Administrator I /VL4LWe� 4 City Attorney Community Development Director City Entineer VOL 2471PAGF231 �o 2457PA�E41 I X ti's v O 'ZS I ( F� 14701 0Z Cpl /� A -en? -R-EMINg-D AS DRWIVAGE LEASLE-MCIVT ------ - - - /0 /-COWARD STPaCEF city of San IUI S OBI SPO A9,4AIDONMENT 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93406 A8 DATAPRINT N15581 :VOL 2471PIGE232 o ti I X ti's v O 'ZS I ( F� 14701 0Z Cpl /� A -en? -R-EMINg-D AS DRWIVAGE LEASLE-MCIVT ------ - - - /0 /-COWARD STPaCEF city of San IUI S OBI SPO A9,4AIDONMENT 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93406 A8 DATAPRINT N15581 :VOL 2471PIGE232 -- EXHIBIT "A" DESCRIPTION OF A PORTION OF HOWARD STREET TO BE ABANDONED Being a portion of the Howard Street Right -of -Way as dedicated on a map of Hathaway's Addition to the City of San Luis Obispo as recorded October 18, 1887 at page 130, Book A of Maps in the City and County of San Luis Obispo, State of California described as follows: Beginning at the Northwest corner of Lot 10, Block 5, as recorded in said Hathaway's Addition; thence North 0018'18" East 66.33 feet along the easterly right -of -way line of Howard Street to the TRUE POINT OF BEGINNING of this description, said point being at the intersection of a curve whose radial line bears South 23011'25" West and the easterly right-'Of-way line of Howard Street; thence Westerly, along said curve which is concave southerly, through a central angle of 40040'37" an arc distance of 25.28 feet more or less to the center line of Howard Street as shown on said Hathaway's Addition; thence along said center line North 0 018'18" East 8.47 feet, more or less, to the Southeasterly right -of -way line of U.S. Highway 101; thence along said highway right -of -way North 48006'30" East 33.75 feet, more or less, to the original easterly right -of -way line of Howard Street; thence along the said Howard Street right -of -way South 0018118" West 32.26 feet,-more or less to the TRUE POINT OF BEGINNING. Containing approximately 0.01 acres more or less. OF 0 OMENT END OF DOCUMENT VOL 2471PAGE233 vOL 2467PAGE415 e, ci 2.a RESOLUTION NO. 5053 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SECOND AMENDMENT TO AN AGREEMENT DATED AUGUST 19, 1980 BETWEEN THE CITY AND MDW ASSOCIATES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement dated August 19, 1980 between the City of San Luis Obispo and MDW Associates and amended on November 16, 1982„ is hereby amended again by addition of Exhibit "A" attached and incorporated herein by reference and is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnishaa copy of this resolution and a copy of the executed agreement amendment approved by it to: City'Engineer, Finance Director and MDW Associates. On motion of Councilman Griffin , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15thday of February, 1983. ATTEST: CITI CLERK PAMELA E IE C. BILLIG R 5053 I� Resolution No. 5053 (1983 Series) APPRO D: Q t City Administrative Officer law 4-0e /. �,e City AL(tbrrjAy r _ F e Director City E6ineer / I^ / ✓ %��v�LVV l ��J ,� .'� Exhibit "A" MDW Associates Architecture/ Planning / Engineering Andrew G. Merriam AIA, AICP, Principal Jay R. Whisenont AIA, Principal Bruce D Fraser, Jr. AIA, Principal 15 February 1983 Sherri C. Stoat, . Principal TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF SAN LUIS OBISPO RE: PROPOSAL FOR A* ITECTURAL AND ENGINEERING SERVICES IN CONNECTION WITH A NEW BUILDING FOR THE SHANGHAI LOW RESTAURANT A. PROJECT DESCRIPTION The proposed project consists of a two story, masonry building of approximately 3100 square feet at the ground floor and 650 square feet at the upper floor, to be constructed on the westernmost end of the existing San Luis Obispo City Parking Lot No. 1. The ground floor is to be developed as a restaurant and the upper floor is to be developed as an apartment for the restuarant owners. B. SCOPE OF SERVICES MOW proposes to perform the following services in connection with this project: 1. Program Development We.will inventory the existing facilities and equipment of Shanghai Low Restaurant and interview the restaurant owners to establish a description of their requirements for a new building. 2. Schematic Design We will prepare schematic design documents describing the new building's floor plans and elevations to the approval of the restaurant owners and.their representatives. These documents will then be presented to the Architectural Review Commission for their approval. During schematic design we will also prepare a preliminary estimate of construction cost. 3. Design Development We will retain engineering consultants to provide the structural engineering, plumbing and mechanical engineering, and the electrical engineering required for the restaurant and will work with them to refine the schematic design in preparation for construction documents. 979 Osos Street, Suite C San Luis Obispo, CA 93401 - 3296 (805) 543 -7057 4. Construction Documents We will prepare working drawings, specifications and related bid documents sufficient to obtain a building permit for the project and to assure a competitive and accurate bidding process. 5. Bid Administration We will assist in the bid process by providing clarifications of the construction documents as required and consulting on the qualification of the successful bidder. 6. Construction Administration During construction we will review construction progress on a regular basis for quality and accuracy, provide clarifications of the construction documents as needed, and prepare the necessary documentation to assist the City with the cost accounting process and project acceptance. C. PROFESSIONAL FEES Because of the speed with which this project must move, the fact that some of the related architectural and engineering costs are being provided within the contract for services for the Community Parking Project, and the fact that consulting engineers' fees have not yet been established, we feel it most appropriate to perform the work on the Shanghai Low Restaurant on an hourly basis, according to the attached schedule of fees, with reimbursement for our engineering consultants and related out -of- pocket expenses, such as blueprinting. We expect the total fee for service areas 1 through 4, listed above, to be approximately $19,000.00 and we will not exceed this amount without the express written approval of the City. Service area 5 should involve between $500.00 and $1,000.00, and we anticipate the ability to incorporate our time in connection with service area 6 into construction administration services for the parking project itself. We will negotiate separate arrangements for service area 6 if this is not possible. A fee retainer is not required. D. SCHEDULE 1 We propose the following schedule be followed in order to meet the timing requirements of the relocation of Shanghai Low Restaurant: Written approval of schematic design . documents by restaurant owners: February 18 Submittal of schematic documents for ARC review: February 25 ARC hearing (final): March 21 Submittal of construction documents for building permit and bidding: April 29 Bid date: May 31 Construction completion: September 1 While we recognize that this is a very short time frame, we feel it i.s achievable. We will be glad to supply any supporting information which may assist in the. review of this proposal. Respectfully submitted, MOW ASSOCIATES Bjruce D. Fraser, AIA Principal I ... ...... ...i .:n ........ ... ........_.. We propose the following schedule be followed in order to meet the timing requirements of the relocation of Shanghai Low Restaurant: Written approval of schematic design . documents by restaurant owners: February 18 Submittal of schematic documents for ARC review: February 25 ARC hearing (final): March 21 Submittal of construction documents for building permit and bidding: April 29 Bid date: May 31 Construction completion: September 1 While we recognize that this is a very short time frame, we feel it i.s achievable. We will be glad to supply any supporting information which may assist in the. review of this proposal. Respectfully submitted, MOW ASSOCIATES Bjruce D. Fraser, AIA Principal Effective June 1. 1981 our professional billing rates are as follows: PRINCIPALSAND ASSOCIATES Principals Associates ARCHITECTURAL SERVICES Project Managers Designer's Technicians PLANNING SERVICES Project Managers Planners Technicians ENGINEERING SERVICES Project Managers Civil Engineers Technicians PRODUCTION SERVICES Word Processing Typist /Support $40.00 - $60.00/hour $35.00/hour $17i50 $35.00/hour $17..50 $35.00/hour $15.06 $35.00/hour $17.50 - $35.06/hour $17.50 - $35.00/hour $15-00 - $22.50/hour $20.00 - S35.00/hour' $20.00 - $35.00/hour $15.00 - $22.50/hour $20.00/hour $15.00/hour U � RESOLUTION NO. 5052 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING USE PERMIT U1076 ON APPEAL OF THE BIA PARKING COMMITTEE (CITY PARKING LOT; 668 MARSH STREET)' WHEREAS, the BIA Parking Committee has appealed Planning Commission denial of a use permit (U1076) for construction of a city parking lot at 668 Marsh Street; and WHEREAS, this council has considered the comments of the Planning Commission, and updated staff report, supplementary materials and testimony at its public hearing held on February 15, 1983. NOW, THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo as follows: SECTION 1. Based on the materials and statements set out above, the council finds as follows: 1. The proposed project will not be detrimental to the health, safety and welfare of persons hiving or working in the area. 2. The proposed project is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed project conforms to the general plan. 4. The project meets zoning ordinance requirements. 5. The proposed project is hereby granted a negative declaration. SECTION 2. Based on the findings set out in Section 1, the council hereby approves use permit application No. U1076 subject to the following conditions: 1. Parking spaces serving the handicapped shall be relocated to provide more convenient access to public walkways. 2. Signing, screening and landscaping shall be subject to approval of the Architectural Review Commission. 3. Site plan shall be revised to provide a,,10-foot public access easement at the rear of the property.. On motion of Councilman..Griffin - seconded by Councilman Dunin and on the following roll call vote: R 5052 Resolution No. 5052`;" (1983 Series) Page 2 AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: Councilman Settle ABSENT: None the foregoing resolution was passed and adopted this 15th day of February , 1983. �� , /-% or 4elanie C., ATTEST.: City!Clerk Pamela Idges APPROVED: , , . City Administrative Offi ei City Attorney &. �(L,�E" 6t rmYAos3 Community Development Director /-) r f::> n /-) 1 �%°;�' � ��: �,�, 0 � � e -:� . �. �•: -, RESOLUTION NO. 5051 ��(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A MANAGEMENT TRAINING PROGRAM AND CONTRACTING THE SERVICES OF THE CENTER FOR BUSINESS AND ECONOMIC RESEARCH, SCHOOL OF BUSINESS, AND BY THE OFFICE OF EXTENDED EDUCATION, BOTH OF THE CALIFORNIA POLY -__ TECHNIC STATE UNIVERSITY, SAN LUIS OBISPO. WHEREAS, the City has established a formal managerial training program as an objective for fiscal year 82/83; and WHEREAS, it was determined that the training program be conducted on- site; and WHEREAS, it was determined that professional trainers be utilized to conduct the training modules; and WHEREAS, the Center for Business and Economic Research, School of Business, and the Office of Extended Education, California Polytechnic State University, San Luis Obispo, has prepared a training program subject to our desired curiculum and text; NOW, THEREFORE, BE IT RESOLVED that the City approves.the contract (Attachment A) with the abovementioned organizations to conduct a managerial training program commencing January 1983 and continuing through July 1983 at a total cost not to exceed $6,650. 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 15thday of February , 1983. 144 ' ATTES .: y r elanie C.-Billig I cites. (/ Cit� Clerk Pamela APPRO: Cit Administrative dffice4 C City Attorney Personnel Director R5051 A MANAGEMENT DEVELOPMENT PROGRAM FOR MANAGEMENT AND MID - MANAGEMENT PERSONNEL CITY OF SAN LUIS OBISPO, CA. The following outline and discussion relates to a proposal for a management/ mid - management training program for the City of San Luis Obispo. The purpose of this program is multifold. First, the program will provide mid - management employees with an exposure to managerial techniques and practices which will increase the personal satisfaction they gain from their present positions, and will enhance their.abili_ty to gain upward mobility into management. Second, the program will refreshen present managerial personnel on skills, problems and current practices in both management and the law, so as to improve their performance. Finally, the program will offer suggestions for improving the personal lives of all participants, by stressing principles of personal financial management and time management. The program will run approximately 14 weeks, beginning with the second week in January. It is anticipated that two sessions will be run each month; one session during the fourth week of each month. Each session would run approximately three hours - probably from 2:00 p.m. to 5:00 p.m. on Tuesdays and Thursdays. Some flexibility is necessary here, both to accomodate the schedules of the presenters and to allow for unforeseen work demands on the part of the participants. It is anticipated, however, that schedules could be prepared at least one month in advance, so the participants could plan on the program. Professionals will be contracted from both industry and from education, to present each session,of the program. Each will be an authority in the field, and many will have established records of performance in the areas they will be covering. It is anticipated that a variety of teaching methodologies will be utilized, ranging from films to overhead projectors, to group sessions.. All materials will be prepared by the presenters, and.hand_out materials will be made available - in advance - for all of the participants. The City's sole responsibility will be to provide the participants with notebooks and copies of the handout materials, as well as copies of Effective Superviscry Practice.. This program is being jointly sponsored by the Center for Business and Economic Research, School of Business, and by the Office of Extended Education, both of the California Polytechnic State University, San Luis Obispo. The City will execute a Letter of Agreement with the Office of Extended Education which will, in turn, authorize the Center to conduct the program. u� ............ .. .. . ..�.. �..._..� � ..bum Page Two Budget: J Coordination of entire program; identification and contracting of all speakers, fees for speakers, assuming approximately 41 -42 hours of actual presentation, plus preparation time ............... $5,300 Fiscal fees charged by the Office of Extended Education plus an overhead charge.to cover material costs, secretarial assistance, etc., totalling 203 of total costs ...................... 1,350 Total $69650 This agreement shall be effective retroactive to January 1,.1983 and shall continue in effect.through July 31,1983 except that it may be extended by the mutual agreement of the parties. In witness whereof, the parties hereunto have executed this agreement, this 7th day of February 1983. a ter Perlick, Ph. Center for Business and Economic Research, School of Business California Polytechnic State University APPR 7n ftc Ann C. McKibbin Personnel Director City of San Luis Obispo, California Vd-Wf Howard M. Vollmer Acting Director of Extended Education California Polytechnic State University CITY OF SAN LUIS OBISPO q-yy46ora anie C. Billig ty Clerk PamelA V6ges RESOLUTION NO. 5050 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION NO. 5041 (1983 SERIES) AND APPROVING A REVISED AGREEMENT WITH BRINK'S INCORPORATED FOR COLLECTING, COUNTING AND DEPOSITING PARKING METER REVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To rescind Resolution No. 5041 (1983 Series). SECTION 2. To approve the revised agreement - collecting, counting and depositing parking meter revenue between Brink's Incorporated and the City of San Luis Obispo. SECTION 3. To authorize the Mayor to execute this agreement. 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 15th day of February 1983. ATTEST: 2 'If (/ CITY CLERK PAMELA VOG S * * * * * * * * * * R 5050 Resolution No. 5050 APPROVED: Fa 4 -, 9- � C L - &: 2t; City Administrative Off cer City Attorney FOIL Public rks Director 1983 Series �� - , �/��-i- ,- ,.� " - -D This agreement, between BRINK'S, ("CITY "): 1. SERVICE 0 0 AGREEMENT COLLECTING, COUNTING AND DEPOSITING PARKING METER REVENUE made and entered into this 15thday of February, 1983, by and INCORPORATED ( "BRINK'S ") and the CITY OF SAN LUIS OBISPO WITNESSETH: " BRINK'S shall periodically collect money from CITY'S parking meters in accor- dance with Exhibit A, attached hereto and 'incorporated here by this reference, starting within 7 days of execution of this .agreement and continui__ng.until termination of this agreement. Within 24 hours after a collection is performed, BRINK'S shall count all money collected and deposit all money collected into an account at a local bank designated by CITY.. CITY and BRINK'S agree that BRINK'S daily counts of money collected shall be binding and conclusive._ At'commencement of this agreement, the designated bank shall-be Crocker National Bank at 751 Mars sh Street, San Luis Obispo, California. CITY may change the designated local bank as it deems necessary. 2. COMPENSATION CITY shall pay BRINK'S 40¢ for each satisfactory collecting, counting and depositing of money from a parking.meter. If actual meter collections performed in a calendar month amount to fewer than 5,500, CITY shall nevertheless pay BRINK'S for a minimum 5,500 collections at the 40¢ rate. For each calendar month. in which collections are performed,. BRINK'S shall submit to CITY an invoice showing actual collections performed and collections billed. Within 30 days of receiving the invoice, CITY shall pay BRINK'S the amount due. 3. COMPENSATION ADJUSTMENT After January 1., 1984 BRINK'S may request tion rate to reflect changes in its costs shall not occur oftener than annually and in the Consumer` Price Index for All Urban Metropolitan Area, All Items (1967 = 100). published by the United. States Department 4. -COLLECTION AND COUNTING_ EQUIPMENT a. periodic adjustment of the compensa- to provide.services. Such adjustment shall be based on the annual change Consumers, Los Angeles —Long Beach This index shall be the index of Labor, Bureau of Labor Statistics. CITY shall furnish the following new collection equipment for BRINK'S use (all items supplied by Traffic Appliance Corporation): 0 Page 2. One #62000 -E Collection Cart with One Box• $ 598.65 One #66064 Spare Box Assembly $ 273.06 Six Leather Collection Pouches $2,070.42 CITY and BRINK'S agree that this equipment has an expected useful life of 60 months on January 1, 1983, and that for replacement calculation purposes this equipment shall be depreciated on a straight -line basis. CITY shall furnish the following used counting equipment for BRINK'S use: One #F5337,Standard Johnson Coin Sorting Machine One Metal and Wood Coin Storage Bin with Lock and Key One Four -wheel Handtruck One Coin Bag Seal Press CITY and BRINK'S agree that for replacement calculation purposes this equipment has been fully depreciated and has no remaining useful life.. All equipment furnished by.CITY ( "equipment ") shall remain the property of CITY. BRINK'S shall not remove any labels which indicate CITY ownership. The equipment shall always remain personal property in spite of attachment.to or permanent placement on real property. Within 7 days of receiving equipment BRINK'S shall inspect all equipment,and shall notify CITY of any unsuitability or defect which could be apparent upon reasonable examination.. Otherwise, BRINK'S shall have accepted the equipment as suitable and in good repair except for latent defects. BRINK'S shall maintain the.equipment in good repair and shall provide all parts required for this maintenance. CITY may inspect the equipment at any time, except that such inspection shall not disrupt BRINK'S operations. At any time, BRINK'S may replace existing equipment with new like equipment after determining with CITY's written concurrence that maintenance costs for the existing equipment are too high. If such replacement occurs before the expected useful life of the equipment has lapsed, CITY shall pay BRINK'S the depreciation accumulated through the month preceding the.replacement date. If such replacement occurs.after. the expected useful life of the equipment has lapsed, CITY shall pay BRINK'S the full purchase price shown on the equipment supplier's, invoice. BRINK'S shall return all replaced equipment to CITY. BRINK'S may make alterations or additions to the equipment, if such alterations or additions do not reduce the value of the equipment. All alterations or additions shall become the property of CITY. 1 � i Page 3. BRINK'S shall bear the entire risk of loss or damage to the equipment from any cause. Loss or damage to the-equipment shall not release BRINK'S from any obligation under this agreement. If loss or damage to the equipment occurs, BRINK'S shall promptly notify CITY and with CITY's written concurrence shall: (a) return the equipment to good.repair; or (b) replace the equipment with used like equipment in good repair; or (c) replace the equipment with new like equipment. If BRINK'S chooses option (b) and the loss or damage has occured before the expected useful life of the equipment has lapsed, CITY shall pay BRINK'S the depreciation accumulated through the month preceding the date of loss or damage. If BRINK'S chooses option (c) and'the loss or damage has occurred after the expected useful life of the equipment has lapsed, CITY shall pay BRINK'S the full purchase price shown on.the equipment'supplier's invoice. BRINK'S shall return all replaced equipment to CITY. BRINK'S acknowledges that CITY has not manufactured the equipment and that CITY will not warrant the suitability or condition of the equipment in any respect. Upon termination of this agreement; BRINK'S shall return all the aforementioned equipment to CITY. 5. PERFORMANCE BOND BRINK'S shall maintain a $5,000 performance bond acceptable to CITY to guarantee faithful performance of this agreement. 6. LIABILITY FOR LOSS OF MONEY BRINK'S shall be.liable for any loss -of money which occurs from the time the money is collected out of a parking meter until the time the money is deposited in the designated .local bank. BRINK'S liability shall not exceed $10,000 for each collection day on which such loss may occur. If such loss occurs, CITY shall establish the estimated loss by determining the average amount collected on each collection day during the preceding calendar month, it-being understood that any such computation shall be made only for the days and area where the parking meter money was collected relevant to the pending loss. BRINK'S shall not be liable for non- peformance or delays not caused by BRINK'S fault or.neglect, nor for non - performance or delays, caused.by strikes, lock- outs or other labor disturbances, riots, authority of law, acts of God or means beyond BRINK'S control. It is agreed that. BRINK'S shall not be liable for non - performance, delays or loss or damage caused by or resulting from: ('a) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack, (1) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (2) by military, naval or air forces; or (3) Page 4. by an agent of any such government,. power, authority or forces; (b) any weapon of war employing atomic fission or radio - active, -force whether in time of peace or war; (c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, or confiscation by order of any government or public authority; (d) nuclear reaction or nuclear radiation or radio - active contamination, all whether controlled or uncontrolled, and whether such loss be direct-or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated . by the peril(s) against which BRINK'S assumes liability in this contact; however, subject to the foregoing and all provisions of this contract, direct loss by fire.resulting from nuclear reaction or nuclear radiation or radio- active contamination is assumed by BRINK'S.. CITY shall notify BRINK'S in writing of any claim for any alleged loss of money within 5 days after CITY discovers the loss and within 30 days after the loss occurs. CITY's failure to give such notice shall constitute waiver of any claim related to the loss and waiver of any right to maintain any action or suit to recover the loss. 7. INDEMNITY BRINK'S shall hold harmless and defend CITY and CITY's officers, agents and employees against any liability and any claim for loss or damage arising out of BRINK'S negligent or wrongful conduct under this agreement, except when such conduct arises out of CITY's negligent or wrongful conduct. 8. INSURANCE BRINK'S is not an insurer hereunder and shall not be liable under any circum- stance whatsoever for consequential losses or damages. BRINK'S shall obtain and maintain at all times during the term of this contract, insurance payable to BRINK'S in such amounts and against such risks as shall adequately cover the liability of BRINK'S assumed under this contract. . BRINK'S shall .furnish CITY evidence that BRINK'S maintains at all times during the term of. this agreement liability insurance, including motor vehicle in- surance, which provides for limits of not less than $300,000 for damages Arising out of bodily injury or death in anyone accident, and not less than $25,000 for damages arising out of property destruction in any accident, and not less than.$50,000 for damages arising out of property destruction during the policy period. This policy shall hold harmless and defend CITY and CITY's officers, agents and employees against any liability and any claim for loss or damage arising out of BRINK'S negligent performance under this agreement. This policy shall require that CITY receive 10 days notice prior to cancellation to or change in the policy. 9. SALE OR TRANSFER BRINK'S shall not sell, obligations it has under 10. NOTICES Page 5. assign, transfer or delegate any rights, interests or this agreement without CITY's written consent. All notices between CITY and BRINK'S shall be written and shall be sufficiently served if sent by United States Mail, return receipt requested, postage prepaid and addressed as follows: CITY: City of San Luis Obispo c/o City Clerk P.O. Box 321 San Luis.Obispo, CA 93406 BRINK'S: Brink's, Incorporated 1120 West Venice Boulevard Los Angeles, CA 90015 11. BRINK'S AS INDEPENDENT CONTRACTOR CITY and BRINK'S agree that BRINK'S is is not an agent of CITY, and that CITY except as provided in this agreement. 12. TERMINATION FOR DEFAULT an independent contractor, that BRINK'S shall not control BRINK'S operations All terms of this agreement are material. If BRINK'S persistently fails to perform by these terms, CITY shall notify BRINK'S in writing of the default. If BRINK'S fails to remedy the default within 20 days of receiving notice, CITY may terminate this agreement without further obligation to BRINK'S. If BRINK'S satisfactorily demonstrates that a default is both temporary and beyond BRINK'S control, CITY wil not terminate this agreement for such default. 13. TERMINATION FOR CONVENIENCE CITY or BRINK'S may unilaterally terminate this agreement, provided that the termination occurs after 6:00 P.M. on the last day of a calendar month and that the terminating party notifies the other party at least three calendar months before taking such action., CITY shall pay BRINK'S for all work satisfactorily completed before termination occurs. 14. RECISSION OF PREVOUS AGREEMENTS Execution of this agreement shall rescind: 1) the Memorandum of Agreement between Brink's. Incorporated and City of San Luis Obispo, executed on March 21, 1977, and 2) the Equipment Lease Agreement between the City of San Luis Obispo and Brink's, Incorporated, dated November 11, 1976. 0 ATTEST: City Clerk Pamela o e Date Page 6. BRINK'S, INCORPORATED by ,?ii^•o.v title Assistant Secretary date February 1, 1983 CITY OF SAN LUIS OBISPO EXHIBIT A COLLECTION PROCEDURES 1. BRINK'S shall collect money only on weekdays when City Hall is open for business and only during the hours between 8:00 A.M. and 5:00 P.M. 2. BRINK'S employees shall wear a BRINK'S company uniform while collecting .money. 3. BRINK'S shall collect money at the following frequencies: .Street meters (2 —hour or less duration) Once each week .Street meters (greater than 2 hour duration) Twice each month .Lot meters in lots 1, 2, 3, 6 and 11 Once each week .Lot meters in lots 4, 9, 10 and 12 Twice each month CITY may adjust these frequencies at any time but shall notify BRINK'S at least 14 days before the effective date of adjustment. 4. BRINK'S shall not perform service on any legal or other local_ holiday observed by BRINK'S local operation.