Loading...
HomeMy WebLinkAbout5085-5099RESOLUTION N0. 5099 (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 S:;bmitted 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 her:.of and any such costs resaining unpaid thereafter shall be turned over to the City Tax Collector ttj p.la%ed as a lien against the property and collected with tae City taxes, s:d subject to the same penalties and costs if net Paid o: the first install - .-.'.ni:. The property owners, addresses and construction cos;.s an- shown on On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig S: None Councilwoman Dovey C[i iOT_000ing Resolution was passed and adopted CaiS 19th 9v of Aprils , 0 F. MAME C. -2�VL� �- - - - -- PAMELA GrS L R 5099 r Resolution No. 5099 (1983 Series) APPROVED: City Administrative Officer) City Attorney I Finance "_ Public Works Director r, EXHIBIT "A" OWNER LOCATION AMOUNT R.W. & M.M. Solomon 770 Islay $ 587.60 J.R. Ewan 1071 Islay $ .54.50 i I V RESOLUTION NO. 5098 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CLOSING OF STATE HIGHWAY FOR LA FIESTA PARADE WHEREAS, the citizens of the City of San Luis Obispo holds their annual La Fiesta community celebration in the month of May; and WHEREAS, a parade is an integral part of the La Fiesta celebration; and WHEREAS, La Fiesta is a most important civic celebration, drawing visitors to this city from distant places to see this most extraordinary parade and to visit the early California historical sites of this community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The closure of Highway 227 to Broad Street and the closing of Highway 101 off -ramp at Marsh Street may be-accomplished subject -to approval of California Department of'?Transportation. 2. The City Police Department and other city departments are directed to cooperate with La Fiesta officials in putting on the parade. 3. The Department of Transportation and the California Highway Patrol shall be notified of the proposed closing of a portion of a State Highway for this parade, and they are hereby requested to approve this action. 4. The City Clerk is hereby directed to notify appropriate city departments and state agencies for forwarding copies of this Resolution. On motion of Councilman Griffin seconded by Councilman Settle , and on the following roll call vote: -1- R 5098 Resolution No. 50 5 983) J AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 19th day of April 1983. ATTEST: -ZI�LLXA!:�2 CITY fLERK PAMELA VO S APPROVED: -au-'Q a �rns City Administrative Off i ei City Attorney -2- oe 'l �re, C� 7._') C RESOLUTION NO. 5097 (1983 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND LA FIESTA DE SAN LUIS OBISPO FOR CITY TO PAY ASSOCIATION $3,000.00 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 La Fiesta de San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: La Fiesta de San Luis Obispo; City Finance Director. On mot -ion of-- Councilman Griffin and on the following roll -call vote: secondedcby- Councilman Settle AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey The foregoing resolution is passed and adopted this 19th day of April, 1983. -ATTE Pailela Voges, City Alerl .APP OL - City Administrative- ffice City Atto ey Financ'e`Direct&�- ssistan Ci Administrative Officer R 5097 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 LA FIESTA DE SAN LUIS OBISPO This agreement, made and entered into this 19th day of April, 1983, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as "City "), and LA FIESTA DE SAN LUIS OBISPO, a nonprofit organization (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; _,. 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 three thousand dollars ($3,000.00) to be expended for the purpose of advertising and publicizing the events of La Fiesta. 2. On or before October 1, 1983, Association will provide City with a detailed statement of its income and expenses for the previous twelve -month period ending September 1, 1983. 0 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 snd 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 allegation that any person acting on behalf of Association or the Association itself is an employee or agent of the City, including without 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: La Fiesta de San Luis Obispo, Post Office Box 338 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: LA FIESTA DE SAN LUIS OBISPO L" CITY OF SAN LUIS OBISPO: MIVWM SMR —�?,-,--c4 014vigs - Pa ela Voges, City erk f i-1 . �.- v �i�- r.�i� --ci`- �� RESOLUTION NO. 5096 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A SALE AGREEMENT WITH DESI'S USED FIRE EQUIPMENT CO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION I. That certain agreement attached hereto marked "Exhibit A" and incorporated herein by reference, between the City of San Luis Obispo and Desi's Used Fire Equipment Company for sale of one 1960 Crown fire engine. This agreement shall remain in effect for 180 days starting May I, 1983 and ending November I, 1983. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement to Desi's Used Fire Equipment Company and to the Fire Chief. On motion of Councilman Griffin , seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the toregoing Resolution was passed and adopted this 19th day of April , 1983. C. ATTEST CITY LERK PAMELA VOG R 5096 -2- APPROVED: i (k� CITY ATTORNEY AIM.SA C) 0 CONSIGNMENT AGREEMENT "Consignor" herein, and _De referred to as "Consignee" made herein and intending S Us referred to as it Companv herein, In consicerratlon of the to be legally bound, agree as fol T ' mises s " 1. Consignor agrees to consign to Consignee the follow- ing equipment at the following consignment price: 1960 Crown 1250 GPM Triple Combination Pumper g 14,000 _ Spare Engine and Transmission Parts f or a,ove 5 11000 Consignee agrees to market the equipment to the best of his ability.. 2. Upon sale of the equipment, the Consignor shall be entitled to receive as compensation the consignment price plus ONE HUNDRED DOLLARS ($100.00) for each month from the date of this Agreement to the date of sale, up to SIX (6) months, at which'time the Agreement terminates. Consignee shall be entitled to receive the difference-between the sales price and the amount the Consignor is entitled to receive. Consignee shall be liable for all expenses incurred by him in selling the equipment. 4. Possession of the equipment shall be retained by Consignor unless otherwise agreed in writing however, Consignor shall make it available to Consignee for demonstration during regular working hours. 5. Title to the equipment shall remain in the Consignor's name. Consignor shall -promptly transfer title to the purchaser upon receipt of the consignment price.. 6. Consignor shall maintain insurance on the equipment during the period of consignment. 7. This Agreement shall continue in force for a period of SIX (6) months from the date of this agreement, at which time it will terminate without further notice. The Consignee shall have the-exclusive right to sell the consigned equipment during the term of this agreement. At the time of termination, the Consignee shall have the option to purchase the equipment at the original consignment price. Page 1 . 6 0 8. During the period of the consignment, the Consignor shall not divulge the consignment price to any potential purchaser of the equipment. ACCEPTED AND AGREED TO: Dated: ztx A60. / Voges Dated: Page 2 (END) CONSIGNOR: City of San Luis Obispo CONSIGNEE.. Desi's used fire equipment ���� -� �' u���� sue'. f.� J����..,,✓ .V =� / =J t;'i✓ L RESOLUTION NO. 5095 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RALPH ANDERSON AND ASSOCIATES FOR PROFESSIONAL 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 Ralph Anderson and Associates to provide professional services for the recruitment of a City Attorney and a Utilities Manager 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: Ralph Anderson & Associates 1446 Ethan Way, Suite 101 Sacramento, CA 95825 Personnel Department Finance Department City Administrative Officer On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None. ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 19th day of April 1983. *t ;ic * * * * * * * * R 5095 o Resolution No. APPROVED: A "I rl� 0 t 4�p�� City dministrative OJrflcer i City Attorney Finance Direct ax,vwj C AJIZZ/ „ 7 Personnel Director (1983 Series) PROFESSIONAL SERVICES AGREEMENT Ralph Andersen & Associates agrees to provide the following services to the City of San Luis Obispo in conjunction with the recruitment for the positions of City Attorney and Utilities Manager: I. Meet with the City Council, City Manager, and others as appro- priate, to review the positions of City Attorney and Utilities Manager to develop recruitment criteria related to desirable work experience and personal characteristics.. 2. Prepare and place ads in appropriate publications. 3. Coordinate all recruitment activities by identifying outstanding potential candidates, preparing and sending letters of invitation to apply, and making follow -up contact with the outstanding potential candidates to discuss the positions. 4. Review and preliminarily screen all applications for the posi- tions. 5. Conduct detailed background checks, except police and credit checks, as appropriate. 6. Develop and review a recommended list of finalists with the City. 7. Arrange for interviews with finalist candidates, including the preparation of an.interview booklet for use by the City in con- ducting interviews. 8. Throughout the recruitment process, advise candidates of thei.r status. 1446 ETHAN WAY • SUITE 101 • SACRAMENTO, CALIFORNIA 95825 • (916) 929 -5575 G PROFESSIONAL SERVICES AGREEMENT Page Two For the services rendered pursuant to this agreement, the City of San Luis Obispo agrees to compensate Ralph Andersen & Associates the fixed amount of $13,500 for professional services. It is understood that the only charges for which the City assumes responsibility, in addition to the fixed fee for pro - fessional services, are reimbursement for out -of- pocket expenses incurred by Ralph Andersen & Associates for items such as travel, long- distance telephone, clerical services, copying and postage charges, and placement of advertise - ments. Payment for services and expense reimbursement are payable monthly upon receipt of a statement from Ralph Andersen & Associates. This agreement shall commence on April 7, 1983, and shall continue until the positions of City Attorney and Utilities Manager are filled. CITY OF SAN LUIS OBISPO RALPH ANDERSEN & ASSOCIATES By l ^ By 2 GGcLc� m4yol ie U. Bil i.g Date to lG,lii�P 4: ATTEST: Cil Clerk Pamela Vo es 9 I�x� RESOLUTION NO. 5094 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION 4710 (1982 SERIES) APPROVING AN AGREEMENT BETWEEN THE CITY AND I.C.M.A. RETIREMENT CORPORATION 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 ", approved by Council resolution 4710 (1982 Series.) is hereby amended to allow participation in the Deferred Compensation Plan by all regular city employees eligible for benefits and filling line item positions, and the Mayor is autho- rized to execute any plan amendment if so required to implement this change. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of any required plan amendment to: I.C.M.A. - R.C. Personnel Department Finance Department City Administrative Officer On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 19th day of April R 5094 Resolution No. 5094 APPROVED: City Administrative Ifficer City Attorney kP` \'V% Personnel Director (1983 Series) EXHIBIT t 1 Appendix 1 INTLRNA,rIONAL CITY -MANAGEMENT ASSOCIATION RETIREMENT CORPORATION DEFERRED COIiPENSATION PLAN Amended as of June 28, 1974 and March 23, 1979 It is hereby agreed that this DEFERRED. COMPENSATION PLAN shall be in effect on the date upon which the Employer has caused it to be executed by an official affixing his signature on behalf of the Governing Body in the space provided below. However. the DEFERRED COMPENSATION PLAN will not be legally binding upon the International City Management Association Retirement Corporation until a Notice of Plan Acceptance has been suoplied by it. CITY OF SAN- LUIS .OBISPO Legal Name of the Employer r Attest for the Employer. / or the Em foyer: / B1 Signatur of Authorized 0 icial Si atu o ut onzed ffi City Clerk Melanie_Billig,_Mayor Print Name and Title SEE INSTRUCTIONS FOR IMPLEMENTATION PRIOR TO COMPLETING THIS SECTION Complete the following prior to mailing this Agreement to the Retirement Corporation. Full Name (City of. County of, etc.) City of San Luis Obispo, CA Title of Official to whom correspondence and reports are to be mailed: (not name) Personnel Director - P. 0. Box 321, San Luis Obispo, CA 93406 Address: (include zipcode) — - - Employers' Federal Tax Identification Number. 95- 6000781 How often will you make contributions? Monthly What is the date of your first contribution? February 25, 1982 - - - - Total Number of Employees:, 265 Number of employees eligible to participate: I PRELIMINARY STATEMENT ESTABUSH:!ENr nF THE PLAN AMENDMENTS The International City Management Association Retirement Corpora- tion. hereinafter the Retirement Corporation or ICMA -RC. is a nonprofit Delaware Corporation. It has been classified as a lax - exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code. As an aid in the improvement of state and municipal administration in general, the Retirement Corporation is organized for the purpose of receiving and investing deferred compensation funds of state and local governments and their related and controlled public interest organizations which are tax - exempt under Section 501 of the Internal Revenue Code, hereinafter referred to as -Employers"; to act as trustee and /or agent for the collection and reinvestment of the income therefrom; and to act as agent for such Employers and at their explicit directiop for the distributional the funds and assets of their accounts to their participating Employees (including independent contractors) in accordance with options provided in this International City Management Association Retirement Corporation Deferred Compensation Plan, hereinafter referred to as the "Plan," or the "ICMA -RC Plan." The ICMA -RC Plan is set out below in two parts: I. The Deferred Compensation Employment Agreement: and II. The Master Trust Agree- ment. As set out below, the Employer adopts this Plan as its Agreement with the participating Employees and ICMA -RC. and the Employees shall participate in the Plan through the execution of a Joinder Agreement, which by its terms incorporates all of the provisions of the Plan. A copy of the Plan shall be supplied to each Employee for his study and under - standing prior to his execution of the Joinder Agreement. The Employers, through their participation in the Plan, express their desire to have the benefit of the continued loyalty.. service and counsel of their Employees and to assist them in providing for the contingencies of old age dependency, disability, and death. This Plan may be amended from time to time for purposes of assuring its conformance to the requirements of arty applicable law or rule or regula- tion pursuant thereto. and to preserve the tax-exempt status of the Plan and the Retirement Corporation. No amendment may either directly or indirectly operate to derive any participating Employer of its beneficial interest in the Trust as it is then constituted. The Retirement Corporation will notify the participating Employers of any amendment to this Plan no later than sixty days prior to its effective date. Any such amendment will become effective after the expiration of that period Of time, except as to those Employers as may file an objection. No amendment proposed by participating Employers shall be effective unless agreed to by the ICMA Retirement Corporation over the signature of an Officer. PART I. DEFERRED COMPENSATION EMPLOYMENT AGREEMENT 1. Deferred Compensation — Initial Decision- -Future Changes — Limits 1.1 For the purpose Of this Plan the following definitions apply: a "Total compensation" is the total of compensation tope paid by the Employer for the services of the Employee, regardless of the terms used for its components, as, for example, "base Day." "in addition to base pay." "employer s Contributions." etc.. b. "Deferred compensation' is that amount or percentage Ot the total compensation of the Employee which the Employer currently defers from the payment to the Emotoyee, and. instead. deposits same into a Deferred Compensation Account with the Retirement Corporation under the terms at this Plan. Deterred compensation may include amounts from or percentages of both "base Day" and ..empioyers contributions' or it may include amounts from or percentages of only one of these components. c. "Current compensation is that portion of the Employee's total compensation which is not deferred comaensation as deferred compensation is defined herein, and d "Base pay is the stated salary of the Employee 1) cl 1.2 COMDen$aholl niny bu tlelerred rot arty Ca :rindar monin only i! ,1 Joinder Agreement Irir suCn Ceferral nas been enl2red into Detore the beginninq of SUCK month the Uelermmalan of the initial amount or percentage and of any future criange in amount Or percentage of delerreU compensation must De made Delorri the beginning at the Calendar month for which the compensation ;s payable. Such future changes may be made more frequently than once per calendar year only at the express direction of the Employer. 1.3 The amount of total compensation may be adjusted from time to time without altering the terms of this Plan. However, the per- centage or amount of deferred compensation maybe adjusted only in accordance with 1.2 above. Any Such adjustment of the per - Centage or amount of deferred compensation Shall be com- municated to the Employer's agent, the Retirement Corporation, and the deposits in the adjusted percentages or amounts. it changed from the prior existing percentages or amounts. shall thereafter be made by the Employer into its Retirement Corpora- tion Account. 1.4 Compensation deferred under the Plan - for any Employee's taxableyear beginning after December3l, 1978. small not exceed the lesser of (1) S7.500. or (2) 33.1/3 percent of the difference between an Employee's total compensation and his deterred compensation. except as provided in 1.5 below. 1.5- For one or more at the Employees last three taxable years ending before he attains normal retirement age under the Plan, the ceding set forth in Paragraph 1.4 above shall be the lesser of — a. 875,000, or b. the sum of — (1) the Planceiling established for purposes of Paragraph 1.4 for the taxable year (determined without regard Ia this Paragraph), plus (2) so much of the Plan ceiling establishea for purposes of Paragraph 1.4 for taxable years before the taxable year as has not theretofore been used under Paragraph 1.4 or this Paragraph. The amount Of compensation deferred under this Paragraph Shall not exceed an Employee's total compensation. The words "normal retirement age," as used in this Paragraph, shall mean the "designated age." as defined in Paragraph 6 below. 2. Deferred Compensation Account. Under this Plan, deferred compen- sation shall be credited and paid into the Trust established and maintained with the International City Management Association Re- tirement Corporation as Trustee. The Renrement Corporation is a nonprofit corporation formed for the soecifi ,,urpose of investing and otherwise administering the funds of Said Trust The Trust may be revoked at any time by the Employer, and upon revocation Of said Trust, all Of the assets thereof shall return to and revert to the Employer. The Employer shall keep accurate books and records with respect to the Employee s total compensation or other earned income and with respect to amounts Paid into said Trust. 3. Ownership Of Funds. Neither the Employee nor any beneficiary thereof small have any interest whatsoever in the funds paid into the Deferred Compensation Account. in the property or rights purchased with such funds. or in the income attributable to such tunas. property, or rights, which shall al all times remain as assets of the Employer. subject to its absolute dominion, control. and right of withdrawal until such time as the funds or assets of the Account are distributed to the Employee in accordance with the provisions of this Plan The obligation of the Employer to Day deterred compensation is contractual only, the Employee having no Dreferred or special interest or claim, oy way of trust. annuity, or otherwise. in and to the specific tunas anaassets help in the Deferred Compensation Account The contractual obligation Of me Employer to pay the funds and assets in its Deterred Compensation Account 10 the Employee orris beneficiary on the aoplicable distroution 'date snail be a contuiung obl,yanon coon the Employer. and shall not be .1 a. '•�+rotieved by any agreemen: oefwr,en ;ne Emooyer and any other Dirty. except as provided in Section 2 of Paragraph 13 of [his Plan, and Shall not be anee:ed in any manner uy amendment or revocation of the Trust j'. felerfed to in Paragraph 2 nerem or by reversion of the Trust Funds to the Employer. The Provisions of this Paragraph shall supersede and control >: "other provision of this Planwhich could be interpreted t0 be in conflict {: therewith `Z 4. Administration of Funds. The funds deposited in the Deferred �. Compensation Account shall be invested and reinvested by the Retire - merit Corporation, as provided for in the Trust Fund described in Part II of this Plan, in any manner which in ds sole discretion it deems desirable. '`. without regard at any time to any legal limitation governing the investment of such funds The Account shall also reflect the gain Or loss resulting from the mvestment and reinvestment thereof. This Trust Fund may be commingled with others established by jPe Trustee with Other Employers under this Plan. S. Designation or Investments. Each participating Employer, being _ advised Of the preferences of. and for the benefit of each of its Participating Employees, shall designate the percentage of the deferred . compensation involved which shall be invested in the respective types of investment funds (accounts) of the Retirement Corporation, such as the Equity (Variable) Fund or the Fixed- Income Fund. unless the laws of the applicable state or local government require otherwise, in which case those laws shall govern. Future elections to change the percentage to be invested in each type of Fund may ony be made prior to and for the next succeeding annual period of service for which the Compensation is payable by filing written notice thereof with the Retirement Corporation. Such notice will not be effective until received by the Retirement Corporation. 6. Payment of Deferred Compensation. The words "designated age.- as used in this Paragraph and in Paragraph 10 of this Plan, shall mean the designated age which appears in the Joinder Agreement executed by the participating Employee. These words, as used in this Paragraph, in Paragraph 10, and in the Joinder Agreement, shall also include the following, without repetition therein: "Or Eater, in the Sole discretion Of the Employer, at the end of his employment agreement, if Emyiuyee continues in the employ of the Employer after he attains the designated age." Except as provided. in Paragraph 9 (unforeseeable emergency). no Payments of deferred compensation shall be made prior to an Employee's separation from service with the Employer. At such time as the Employee reaches the designated age, becomes permanently disabled. or dies, whichever occurs first, he, or his beneficiary or beneficiaries, nominee or estate iS/are entitled to receive Payment from the Deterred Compensa- tion Account Outstanding on the date on which one Of the foregoing Occurs. Payments occasioned by the Employee having reached the designated age. becoming permanently disabled, or by his death small be made in accordance with the provisions of Paragraph 7 hereof as follows; a. Payments In monthly, Quarterly, semi - annual, or annual payments Over the period Of life expectancy of the Employee in accordance with the following procedure: Upon reaching the designated age. or becoming permanently disabled from permanent full -time employment, whichever first Occurs. the Employee's life expectancy shall be determined by reference t0 Standard U.S. Mortality Tables; the amounts Of assets and accumulations in the Deferred Compensation Account shall be computed together with a reasonable rate Of return on said assets, less the amount Of expected monthly distribution. Over the life expectancy Of the Employee; and a monthly amount shall then be malmematically determined, the payment Of which, in equal monthly installments Over the period Of the life expectancy Of the Employee, shall completely deplete me said Account at the end of the last year of life expectancy; or b. Payments in monthly, quarterly, semi-annual. Or annual payments in accordance with me following procedure: Unless the Employee's employment terminates pnorto the time he I Plains Ina d4siQneled ige. .amounts equal to the benefits received by me Ernployer, under retirement annuity policies, shall D e paid to the Employee. at such time as me attains the designated age. or, in the case of death, payment to his beneficiary or beneficiaries, nominee Or estate pursuant to the oroceoures .provided in said policies and-Paragraphs 7 and 8 of this Plan; Of c. Payments in monthly quarterly, semi- annual, or annual install- ments over a period of not exceeding ten ( f0) years, said payments to include a reasonable return on the funds, assets and accumulations in the Deferred Compensation Account, less the amount of expected monthly, quarterly, semi - annual, or annual distribution. over the said ten (10) year period; Or C. One lump -sum payment. 7. Selection of Method of Payment. The method of payment shall be selected by the Employer, acting through the Retirement Corporation, as its duly authorized agent, due consideration being given to health, financial circumstances and family obligations of the Employee. In this regard, Ine Employee may be consulted; however, he shall have no voice in the decision reached.. B. Payments in the Event of Death. a. During the Period of Distribution. In the event Of the Employee's death during the period of distribution, the Employee's beneficiary shall be entitled to receive payments in accordance with the payment method being employed at the time of the Employee's death. With the Consent of the Employer, acting through the Retirement Corporation as its duly authorized agent, said beneficiary may elect to receive a lump sum in lieu of installment payments. b. Prior to Distribution. In the event Of the death of the Employee prior to the distribution, the funds and assets of the Deferred Compensa- tion Account shall be paid in accordance with One of the methods described in Subparagraphs a, b, c, or dof Paragraph 6hereof. The selection of said method shall be made by the Employer acting through the Retirement Corporation as its duly authorized agent. 9. Payments in the Event of Unforeseeable Emergency. In the event that a participating Employee is faced with an unforeseeable emergency (do- termined in the manner prescribed by Federal regulation), the Employer may direct the Retirement Corporation as agent to make disbursements from the Deferred Compensation Account of amounts reasonably neces- sary to satisfy the emergency needs of the Employee. 10. Payment Dates. Payments shall commence on the first day of the month, following the attainment of the designated age, or later, on the first day of the month after the end of his employment agreement, if Employee continues in the employ of the Employer after he attains the designated age, Or likewise following permanent disability, or death; and, in the case of installment payments, shall be made continueu('; thereafter on the first day of each succeeding month, or, in the event ouanerly, semi - annual, or annual payment installment periods are applied, then continuously thereafter on the first day of each succeeding month which begins the time period (quarterly, etc.) involved until Such time as the Deferred Compensa- tion Account is depleted in its entirety. 11. Disbursing Agent. The Retirement Corporation shall act as agent of the Employer for purposes Of disbursing payments. The ultimate obligation for making such payments, however, shall remain with the Erno!Oyer. 12. Accumulation During the Distribution Period. During the period of distribution, the Employee or his beneficiary Or beneficiaries, nominee or estate. as the case may be, shall continue to be credited with all-the interest, accumulations, and increments on the undistributed funds and assets in the Deferred Compensation Account,, until such Account is depleted in ds entirety. 13. - Section 1. Termination of Employment. Upon termination of the Employee's services. for any reason other than death, the funds. assets, and accumulations in the Deferred Compensation Account shall not be transferred 10 an account with a new employer of the Employee, and, instead, they shall remain in the original Account as assets of the old C Employer until such time as they are distributed in accordance with the provisions of this Plan, except as provided in Section 2 of this Paragraph Section 2. Transfer of Employment with Consideration Between Employers— Trioartne Agreement. In the event the Employee accepts employment with a new employer participating in the ICMA -RC Deferred Compensation Plan, then, if the past. Employer finds that it has no present or future need of the funds. assets, and accumulations in the said Account for the payment of its general creditors or for any other purpose what- soever, in consideration of its desire to avoid the continuing expense of maintaining records. and receiving, examining. verifying and filing annual reports of the Retirement Corporation, and in consideration of avoiding the possible future expenses of litigation of Employee's continuing con- tractual rights to payment of deferred compensation on his retirement as herein provided in the event of any possible future revocation and withdrawal by the past Employer of the funds. assets, and accumulations in the said Account. the past Employer may, at its discretion, authorize the Retirement Corporation, as its agent,.to propose to the new Employer that the funds. assets, and accumulations of the said Account be transferred to the ownership, control, and right of withdrawal of the new Employer, and to do so in the event the new Employer. in consideration of the increased value of the Employee's services by reason of the experience gained while in past emoloyment. agrees to accept same, and the respective Employers and the Employee sign an appropriate form of Agreement in which the new Employer also agrees to assume the continuing contractual liability to pay deferred compensation so transferred upon retirement of the Employee and the Employee releases the past Employer from said continuing obligation to do same. Section 3. Payment of Deferred Compensation after Termination of Employment. In the event a participating Employee separates from service with the Employer prior to the designated age which appears in the Joinder Agreement. the Employer may direct me Retirement Corporation. as agent. to distribute the funds and assets of the Deferred Compensation Account to the Employee in one lump -sum payment. 14. Losses. The Employer shall not be responsible for any loss due to investment or failure of investment of funds and assets in said Deferred Compensation Account nor shall the Employer be required to replace any loss whatsoever which may result from said investments. 15. Nonassignability of Deferred Compensation. The Employee during his lifetime shall not be entitled to commute, encumber, sell or otherwise dispose of his rights to receive deferred compensation payments provided for herein, and the right thereto shall be nonassignable and nontrans- ferable..In the event of arty attempted assignment or transfer thereof, the Employer shall have no further liability under this Agreement. 16. Participation in Other Employee Benefit Plans. Nothing herein con- tained shall in any manner modify, impair, or affect the existing or future . rights or interest of the Employee (a) to receive any employee benefits to which he would otherwise be entitled, or (b) as a Panicioant in any future pension plan, it being understood that the rights and interests of the Employee to arty employee benefits or as a participant or beneficiary in or under any or all such plans respectively shall Continue in full force and effect unimpaired. and the Employee shall have the right at any time hereafter to become a beneficiary under or pursuant to any and all such plans. 17. Definitions. The meaning of any term or terms, phrase, clause, or sentence used in this Agreement, which is also used in the By-Laws of the Retirement Corporation, shall be defined as these are defined in ARTICLE If. Section 2 of the By-Lavvs. Masculine oronouns, whenever used herein, include the feminine pronouns. and the singular Includes the plural unless the Context requires another meaning. 18. Validity of Agreement. This Agreement snail not be valid or en. forceable unless signed by an officer of Employer, authorized by the governing body of the Emoloyer, as. for examole. the City Council, and unless this Agreement is implemented by the execution of the Joinder Agreement. 4 C PART II. MASTER TRUST AGREEMENT AGREEMENT made by and between the aforenamed Employer and the International City Management Association Rei,remeni Corporation (hereinafter the "Truslr e' or "Retirement Corporation'). a nonprofit corporation organized and existing under the laws of the State of Delaware, for the oufoone Of investing and otherwise administering the funds set aside by Employers in connection with Deferred Compensation Agreements with Employees. WHEREAS. the Employer desires to enter into agreements with its Emoloyees whereby its Employees agree to defer payments of specified percentages of or amounts from their total compensation as "deferred compensation" is defined in said agreements until the occurrence of certain events; WHEREAS. in order that there will be sufficient funds available to discharge the foregoing contractual obligations. the Emoloyer desires to set aside periodically amounts equal to the amount of compensation deferred: WHEREAS, the funds set aside, together with any and all investments thereto, are to be exclusively within the dominion, control, and ownership of the Employer, and subject to the Employer's absolute right of with- drawal, the Employee having no interest whatsoever therein: NOW. THEREFORE. this Agreement witnesseth that (a) the Employer will pay monies to the Trustee to be placed in Deterred Compensation Accounts for the Employer; (b), the Trustee covenants that it will hold said sums, and any other funds which it may receive hereunder, in trust for the uses and purposes and upon.the terms and conditions hereinafter stated: and (c) the parties hereto agree as follows: ARTICLE 1. General Duties of the Parties. Section 1.1. General Duty of the Employer. The Employer shall make regular periodic payments equal to the amounts of its Employees' compensation which are deferred in accordance with the terms and conditions of Deferred Compensation Employment Agreements witn such Employees, or with any subsequent modification thereof. Section 1.2. General Duties of the Trustee. The Trustee snail hold all funds received by it hereunder, which, together with the income therefrom. shall constitute the Trust Funds. It shall administer the Trust Funds, collect the. income thereof, and make payments therefrom. all as hereinafter provided. The Trustee Shall also hold all Trust Funds which are transferred to it as successor Trustee by the Employer from existing deferred compensation arrangements with its Emoloyees which meet the same Internal Revenue Code requirements which govern the ICMA -RC Deferred Compensation Plan. Such Trust Funds Shall be subject to all of the terms and provisions of this Agreement. ARTICLE. II. Powers and Duties of the Trustee in Investment. Administration, and Disbursement of the Trust Funds. Section 2. t. Investment Powers and Duties of the Trustee. The Trustee shall have the power In Its discretion to invest and reinvest the principal and income of the Trust Funds and keep the Trust Funds invested- without distinction between principal and income. in such securities or in other property real or personai. wherever situated. as the Trustee shall deem advisable. including, but not limited to. .stocks, common or preferred, bonds. retirement annuity and insurance policies• mortgages. and other evidenca., of indebtedness or ownership. and In Common trust funds of approved financial or Investment institutions. with .such institutions acting as Trustee of, such common trust funds. or separate and different types of funds (accounts) including equity. foied- income, and those which fulfill requirements of state and local govern- mental laws. established with such approved financial' or investment institutions, For these purposes. these. Trust Funds may be Commingled with others established by the Trustee under this form of agreement with other Employers. In making such investments. the Trustee snail not be Subject at any time to any legal limitation governing the Investment of such funds. Investment powers and investment discretion vested in the Trustee :C by this Section may be delegated by the Trustee to any oarin. insurance or trust company, or any investmentadwsor, manager or agent selected by it Section 2.2. Administrative Powers of the Trustee. The Trustee Shall have the cower in os discretion: fa) To purchase. or subscribe for, any securities or other property and to retain the same in trust. (b) To sell, exchange• convey, transfer or Otherwise dispose of any securities or other property held by it. by private contract• or at public auction. No person dealing with the Trustee shall be bound to see the application of the purchase money or to inquire into the validity, expediency, or propriety of arty such sale or other disposition. (c) To vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights, or other options.. and to make any payments incidental thereto; to oppose• or to consent to, or otherwise participate in, corporate reorganizations or other changes ef- fecting corporate securities, and to delegate discretionary powers, and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks. bonds, securities or other property held as part of the Trust Funds. (d) To cause any securities or other property held as part of the Trust Funds to be registered in its own name, and to hold any investments in bearer form, but the books and records of the Trustee shall at all times show that all such investments are apart of the Trust Funds. (e) To borrow or raise money for the purpose of the Trust in such amount, and upon such terms and conditions. as the Trustee shall deem advisable; and for any sum so borrowed, to issue its promissory note as Trustee. and to secure the repayment thereof by pledging all, or any part, of the Trust Funds. No person lending money to the Trustee shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing. (I) To keep such portion of the Trust Funds in cash or cash balances as the Trustee, from time to time, may deem to be in the best interest of the Trust created hereby, without liability for interest thereon, (g) To accept and retain for such time as it may deem advisable any securities or other property received or acquired by it as Trustee hereunder, whether or not such securities or other property would normally be purchased as investments hereunder. (h) To make. execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted. (I) To settle. compromise. or submit to arbitration any claims, debts, or damages due or owing to or from the Trust Funds; to commence or defend suits or legal or administrative proceedings; and to represent the Trust Funds in all suits and legal and administrative proceedings. (j) To do all such acts. take all such proceedings. and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may deem necessary to administer the Trust Funds and to carry out the purposes of this Trust. Section 2.3. Distributions from the Trust Funds. The Employer hereby appoints the Trustee as its agent for purposes of selecting the method by which distributions from the Trust. Funds are to be made, as well as for Purposes of making such distributions. In this regard the terms and conditions set forth in the Agreements to be executed between the Employer and its Employees, and any subsequent modifications thereof, 5 n u are IO gu.de and control the Tnrsleei s power. Section 2.4. Valuation of Trust Funds. At least Once a year as of Valuation Dates designated uy Inn Trustee. the Trtlsi9e snail dniernlin.7 me value of me. Trust Funds. Assets of Ire Trust Funds snail be valued at tneir market values al me close of business on the Valuation Date. or, in the absence of readily ascertainable market values as the Trustee 'shall determine, in accordance with methods consistently followed and uni- formly applied. ARTICLE III. For Protection of Trustee. Section 3.1. Evidence of Action by Employer. The Trustee may rely upon any certificate. notice or direction purporting to have been signed on behalf of the Employer which the Trustee believes to have been signed by a duly designated official of the Employer. No communication shall be binding upon any of the Trust Funds or Trustee until they are received by the Trustee. Section 3.2. Advice of Counsel. The Trustee may consult with any legal counsel with,respect to the construction of this Agreement• its duties hereunder, or any act, which it.proposesto take or omit, and shall not be liable for-any action taken or omitted in good faith pursuant to such advice. Section 3.3. Miscellaneous. The Trustee shall use ordinary care and reasonable diligence, but shall not be liable for any mistake of judgment or other action taken in good faith. The Trustee shall not be liable for any loss sustained by the Trust Funds by reason of any investment made in good faith and in.accordance with the provisions of this Agreement. The Trustee's duties and obligations shall be. limited .to those expressly imposed upon it by this Agreement; notwithstanding any reference of the Plan. ARTICLE IV. Taxes, Expenses and Compensation of Trystee. Section 4. 1. Taxes. The Trustee shall deduct from and charge against the Trust Funds any taxes on the Trust Funds or the income thereof or which the Trustee is required to pay, with respect to the interest of any person therein. Section 4.2. Expenses. The Trustee shall deduct from and charge . against the Trust Funds all reasonable expenses incurred by the Trustee in the administration of the Trust Funds, including counsel• agency and other necessary fees. ARTICLE V. Settlement of Accounts. The Trustee shall keep ac- curate and detailed accounts of all investments, receipts, disbursements, and other transactions hereunder. Within ninety (90) days after the close of each fiscal year, the Trustee shall render in duplicate to the Employer an account of its-acts and transactions as Trustee hereunder. it any part of me Trust Fund snail be invested tnrougn the medium of any common. collective or commingled Trust Funds, the last annual report of such Trust Funds shall be submitted with and incorporated in the account. If within ninety (90) days after the mailing of the account or any amended account the Employer has not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. II any objection has been filed, and if the Employer is satisfied that it should be withdrawn or if the account is adjusted to the Employer's satisfaction.. the Employer shall in writing filed with the Trustee signify approval of the account and it shall become an account stated. When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee and the Employer were parties. The Trustee shall have the right" to apply at any time to a court of competent jurisdiction for the judicial settlement of its account. ARTICLE Vt. Resignation and Removal of Trustee. Section 6.1 Resignation of Trustee. The Trustee may resign at any n time by (ding with the Employer :Is written resgination. Such resignation shall take effect sixty (60) days tram Ine d:ue of such filing and upon appointment Ora sUeCeSSor pursuant to Section E.3., valtohever shall first occur. Section 6.2. Removal of Trustee. The Employer may remove the Trustee at any time by delivering to the Trustee a written notice of its removal.and an apppointment of a successor pursuant to Section 6.3. Such removal shall not take effect prior to sixty (60) days from such delivery unless the Trustee agrees to art earlier effective date. Section 6.3. Appointment of Successor Trustee. The apointment of a successor to the Trustee shall take effect upon the delivery to the Trustee of (a) an instrument in writing executed by the Employer appointing such successor, and exonerating such successor from liability for the acts and omissions of its predecessor. and (b) an acceptance in writing, executed by such successor. All of the provisions set forth herein with respect to the Trustee shall relate to each successor with the same force and effect as if such successor had been originally named as Trustee hereunder. If a successor is not appointed within sixty (60) days after the Trustee gives notice of its resignation pursuant to Section 6.1., the Trustee may apply to any court of competent jurisdiction for appointment of a successor. Section 6.4. Transfer of Funds to Successor. Upon the resignation or removal of the Trustee and appointment of a successor, and after the final account of the Trustee has been properly settled, the Trustee shall transfer and deliver any of the Trust Funds involved to such successor. ARTICLE VII. Duration and Revocation of Trust Agreement. Section 7.1. Duration and Revocation. This Trust shall continue for such time as may be necessary to accomplish the purpose for which it was 0 r;nxded bill niny be Ierm.natGd or n!vnked at any rime by the Emoioyrtr ns it relatesl onnyand /or all related oarticipa ring Employe-!s Wrinen notice of such lerminalion or revoCation shall b^ given to the Trustee by the Employer. Uuon termination or revocation of this Trust, ali Of inn assets thereof shall return tO .lnd revert to the Employer Termination of !his Trust shall not, however, relieve the Employer of the Employer's continuing obligation to pay deterred compensation upon the aupliCable diStriouilon date to any and /Or each Employee with whom the Employer has entered into a Deterred Compensation Employment Agreement. SeClion 7.2. Amendment. The Employer shall have the right to amend this Agreement in whole and in Dart but only with the Trustee's written consent. Any such amendment shall become effective upon (a) delivery to the Trustee of a written instrument Of amendment, and (b) the enclorsement by the Trustee on such instrument of its consent thereto. ARTICLE VIII.. Miscellaneous. Section 8.1.. Laws of the State Of Delaware to Govern. This Agreement and the Trust hereby created shall be construed and regulated by the laws Of the State of Delaware. Section 8.2. Successor Employers. The term "Employer" shall include any person who succeeds the Employer and who adopts the Deterred Compensation Plan of the Retirement Corporation and becomes a party to this Agreement with the consent of the Trustee. Section 8.3. Withdrawals. The Employer may, at any time, and from time to time, withdraw a portion or all of the Trust Funds created by this Agreement and related Deferred Compensation Employment Agreements. Section 8.4. Definitions. Definitions in the By -Laws of terms, phrases. etc., used herein apply to the same. herein. The masculine includes the feminine and the singular includes the plural unless the context reauires another meaning. Y i INSTRUCTIONS FOR IMPLEMENTATION I C i A RETIREMENT CORPORATION The following are instructions for an emplCyer's Cslaolisnmeni of the ICMA Retirement Corporal ion Deferred Compensation Plan. InslruC; ions for Cmplo'i -.e enrollment are found on the covering sheet of Ilie JOini:er Agreement, entitled "Employee Enrollment Form." The officer of the employer %who is respc.ns, old for the administration of this Plan Should also read the instructions for enrolling employees. The employer must formally adopt the Plan and execute the document emitled "International City Management Association Deferred C,7mrenSal ion Plan " Once that has been accomplished, the employer need only sign each employee's Joinder Agreement. STEPS FOR PLAN ADOPTION 1. Obtain a resolution by the employers governing body which adopts the Plan and authorizes the signing of the Plan documents. (See sample resolution on the reverse of this sheet.) 2. Execute four (4) copies of the document entitled 'International City Management Association Retirement Corporation ' Deferred Compensation Plan." Place the complete legal name of the employer on the first line of the document, obtain the proper signatures on the document's front page, and complete the informgtion section at the bottom of the front page (See instructions at right) 3. Retain two (2) copies of the Plan document for your records. Mail the Other two (2) copies Io the Retirement-CorpOratiOn. Upon receipt. the eurement orpora ton wI mail you a Nouce of Plan Acceptance which should also be retained in your ropy(,__ STEPS FOR THE EMPLOYER TO ENROLL EMPLOYEES 1. Each participating employee should receive a Copy of the brochure entitled "A Memorandum to Public Employees* and a copy of the ..Employee Enrollment Form" (Joinder Agreement). Once the employee has completed the Joinder Agreement, the appropriate official of the employer must complete the Agreement by affixing a signature at the bottom of the form. Please note that no individual may sign for employer approval on his/her own Joinder Agreement. 3. Distribute the completed Joinder Agreements as follows: a. One (1) copy to the employee. b. Retai 1) copy for your recor ail One (t) Copy O e A Retirement Corporation On re- ceipt: the Retirement Corporation will open unt for the employee. COMPLETION OF INFORMATION SECTION Completion of the information section at the bosom of the first Dace o' the Plan document is essential for proper plan administration. The following comments will-ai0 you in providing the correct information Title of Official. This is the title (not name) which is placed on our Computer records. All correspondence. repOns, and 'inanciai information is sent t0 this official, ' 2. Employer's Federal Tax Identification Number. This is me numoer the Internal Revenue Service has assigned you for the purpose of federal tax reporting. It is the same federal number wnicn appears on your federal withholding reports. your federal W -2 forms: anc. if applicable• social security reports, How often will you make contributions? -You must make con - Inbutions so they can be Standardized to equal payments. (Corrections for rounding can be made once each year.) It is usually convenient to make contributions each payday or every other payday. altheugn deductions each payday should still be made it the latter is chosen. Your choices for how often you will make contributions follow. Enter One of these choices on the line to the right of the question on frequency of contributions. a. Weekly. b. Biweekly. Every two weeks. c. Semimonthly. Twice each month. Use only if your payday is twice each month. d. Monthly. Do not use it your payday is weekly or biweekly. e. Every 4 weeks. Use it your payday is every 4 weeks or every 2 weeks. I. Quarterly. May be used if your payday is semimonthly or ,montnly. g. Semiannually. h Annually. NOTE: Frequency of Contributions will effect earnings, Unless con- tributions are made at the beginning of the period, payments less often than monthly may significantly reduce annual earnings. 4. What is the date of your first contribution? -ris is to establish timing for our computer program which prepares .: C^.ricution statements for you. It you do not know when the first employees will actually enroll, assume that some are.now- participating. With that assumption on what date would your next Contribution be mace. i e., the dale OI your next payday. etc. r. RESOLUTION NO. 5093 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING GENERAL CRITERIA AND GENERAL PRIORITIES FOR THE SIDEWALK PROGRAM WHEREAS, the City desires that its citizens have available safe, convenient and suitably located sidewalks, and WHEREAS, many areas of the City do not have such sidewalks, and WHEREAS, the City desires such areas to be improved considering needs, hazards and the wishes of the neighborhoods, NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The City Council hereby adopts the following General Criteria: a. Sidewalk program should integrate repair and construction. b. Sidewalk program should emphasize safety, particularly safety of children. To this effect, City staff should consult with school authorities and PTAs in preparing specific construction priorities. c. City - initiated sidewalks should be installed only where there is a pedestrian need. d. City should respond favorably when it is petitioned for sidewalk improvements by more than 50% of the owners of a block (those portions already improved are considered a favorable vote). e. Sidewalk program should consider topography and significant trees. f. Council may consider scenic nature of area, desires of the neighborhood, traffic flow and other judgment items in its determinations. R 5093 C Resolution No. 5093 (1983 Series) Page Two g. Staff will bring to Council attention those properties where more than 50% of the frontage of a block has been improved, thereby meeting 1911 Act criteria for completion of improve- ments within a block. 2. The City Council hereby adopts the following General Priorities: a. Repair and reconstruction of sidewalks in areas where there is a safety hazard or where accidents are documented. b. Construction of new sidewalks in areas where there is a safety hazard, where accidents are documented, or on routes used by children. c. Construction of new sidewalks in areas of heavy pedestrian use based on need in the following order: downtown areas, outlying commercial areas, residential areas, all other areas. d. New construction along arterial and collector streets near schools, parks, churches, and neighborhood commercial centers. e. New construction along local streets near schools, parks, churches, and neighborhood commercial centers. f. New construction in other residential and commercial areas as necessary. On motion of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 19th day of April 1983. ATTE city Clerk Pamela V es Resolution No.5093 (1983 Series) Page Three APPROVED: Q City Administrative Officer City Attorney Public Works irector 9 RESOLUTION NO. 5092 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A COOPERATIVE PROCESS FOR DETERMINING PROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING. WHEREAS, the Congress of the United States has, in the Surface Transportation Assistance Act of 1982 declared it to be in the national interest for Federal funds to be expended for highway projects on the Federal Aid Urban System or to be "traded" for General Funds for capital improvements for rail or bus mass transit systems in urbanized areas; and WHEREAS, before Federal Aid will be made available for Urban System projects within these Urban Areas, .a cooperative process for determining project priorities must be submitted to the State Department of Transportation for approval; and WHEREAS, the Federal Act requires that the cooperative process involve Cities, the County, the State, and any Transit Agency existing in any designated Urban Area; and WHEREAS, the Federal Aid Urban Project Review and Selection Committee developed a cooperative process for.determining projects; and WHEREAS, the proposed cooperative process is in keeping with State and Federal guidelines. NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo adopts the following cooperative process for establishing a four -year program of Federal Aid for Urban Systems: SECTION 1. The Federal Aid Urban Project Review and Selection Committee shall consist of one representative each of: R 5092 Resolution No. 5092 (1983 Series) n. City of E1 Paso de Robles - Municipal Services Department City of Morro Bay - Public Works Department City of San Luis Obispo - Public Works Department_•.._ City of Arroyo Grande - Public Works Department City of Grover City - Public Works Department County of San Luis Obispo - Engineering Department City of Atascadero - Public Works Department City of Pismo Beach - Public Works Department SECTION 2. Submission of requests for funds for a project on the Urban system will be made to the Federal Aid Urban Project Review and Selection Committee. The requests may be submitted by any of the participating agencies. SECTION 3. The Committee will prepare a four -year program identifying State, Regional and Local Transportation Projects based on the following criteria where applicable: a. Compatibility with adopted Circulation Elements of Local General Plans or Comprehensive Transportation Plans b. Volume capacity ratio C. Accident history d. Traffic relief to other streets or roads e. Funding capabilities (are agency iiatching funds available ?) f. State of readiness (status of Plans and Specifications, availability of Right of Way, Environmental Review) g. Community desire and other political factors h. Consideration of the needs for projects on the State Highway System i. Consideration of Regional and Local Transit Needs Resolution No. 5092 (1983 Series) SECTION 4. The Committee will submit the recommended four -year program to each of the participating agencies for formal review and comments. SECTION 5. Upon program approval by each participating agency, San Luis Obispo County Engineering Department will submit the four -year program to the State Department of Transportation for approval. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 19th day of April , ioaq APPRO D: City Administrative 0 ficer City Attorney Community velopment Director City Eng eer f �� �; C. n �� � �� '!J iCi'67 /-' � RESOLUTION NO. 5091 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The attached traffic work orders for the period of January 1, 1983 through March 31, 1983 are approved. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 1983. ATTEST: 100.- �- � a Pr A I fw�#r W -- -- 01W/ . , . CITY C T- "" RK PAMELA VOGES L Q City Administiativet Offc r City Attorney C ngineer 19th day of April , R 5091 0 TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 3 -24 -83 W. 0. No. 17 COMPLETED: 3 — 3U p 3 LOCATION: Marsh Street at Carmel REQUESTED BY: A. Tilton /M. Winters - SLOPD DESCRIPTION: Paint 15' of red curb as shown. CON CU Allan G. ilton`- -- Engineering Assistant Mayne A. Peterson City Engineer 4 l IL /*. LIP CARMEL STREET 7/82 0 C� TRAFFIC ORDER FORM W. 0. No. 20 DATE TAKEN TO PUBLIC SERVICES: 3 -24 -83 COMPLETED: 3 S O — 9 ,:� LOCATION: Monterey Street between Santa Rosa and Osos Streets ��/ REQUESTED BY: A., Tilton /SLO Fire Dept. DESCRIPTION: Pain curb red as shown and as marked in the field. CONCUR: Allan G. Tilton 4SerWvising Hawley Engineering Assistant Ci Wayne A. Peterson City Engineer 1 7� No Soo,E /f/loiv��e y Sze 7/82 cQ v1 C TRAFFIC ORDER FORM W. 0. No. 19 DATE TAKEN TO PUBLIC SERVICES: COMPLETED: A bra � 7Y/K�r83 LOCATION: Monterey, Between Santa Rosa and Osos Streets REQUESTED BY: A. Tilton /SLO Fire Dept. Remove recently installed parking meter post per attached sketch. G 12 �'f CONCUR: Allan G. Tilton Engineering Assistant 4z. .. . Wayne A. Peterson City Engineer Attachment - sketch r1 ►.J • 7/82 W. 0..,J 08 TRAFFIC ORDER FORM V /e—, DATE TAKEN TO PUBLIC SERVICES: 3 -4 -83 COMPLETED: ` LOCATION: Higuera Street at Tank Farm Road`1 REQUESTED BY: Allan G. Tilton, Engineering Assistant 14.5 DESCRIPTION: Relocate R -2 "iii" to the north side of Tank Farm Road. See sketch below. CONCUR. JW4 te J. W. Hawley Wayne A. Peterson Supervising vil Engineer City Engineer Taman G. �Tiltari- Engineering Assistant AGT:jlwp P a 1. 20 7/82 f' TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 3 -10 -83 LOCATION: Los Osos Valley Road at 1343 6 Work Order No. 15�e COMPLETED: ljJ l 1�1� / r- REQUESTED BY: Mrs. Kelktt DESCRIPTION: Paint curb red as shown on the map below. CONCUR: Allan G. Ti. t6n Engineering Assistant Wayne A. Peterson City Engineer rt `#% 4r OS O�z E-CWn+D Qeo T• 1 �byVpy� -g S4 -STOP w� VU R d r .. w f �' Vr �xist;r,� Rrd wpm it OCEANAIRE DRIVE TRAFFIC ORDER FORM W. 0. No. 11 DATE TAKEN TO PUBLIC SERVICES: 3 -4 -83 COMPLETED: LOCATION: Orange Drive At Hathway Tr REQUESTED BY: Allan G. Tilton DESCRIPTION: Install R -1 "Stop" with pavement markings. CONCUR: John W. Hawley Wayne A. Peterson Supervising Civil E sneer City Engineer Allan G. Tilton+ Engineering,Assistant AGT:jlwp N �T� vi 7/82 V• CITY OF SAN LUIS OBISPO REQUEST FOR INVESTIGATION Date: Location: Q And!4 6= 0r. at /trrwren `jAT_6(t c1AZ (Street) Description of Request: A.)di W 970P (Arne d/PJQ.1s�� By: A. 7'� fp,�} Phone -Home: Address: Phone -Work: How Received: Phone /Letter`/Internal Investigated by: A. / I l,6^J On: ADT: 4-& 6WJ S Date of Count: Radar: Date of Study Collision History Rt. Angle Head -On Rear -End Slide Swipe Findings 0,44nIigF /w?rQ SeGTc �/e rt� A. Tee /w7�erser� a i RAW ,_ Recommendations: Action Taken: AGT/4/27/82 C ;0. 10 TRAFFIC ORDER FORM W. 0. DATE TAKEN TO PUBLIC SERVICES: 3-3-83 . COMPLETED: _3 /0/m LOCATION: Higuera Street south of Prado Road REQUESTED BY: Allan G. Tilton, Engineering Assistant DESCRIPTION: Remove R-2 45 Speed Limit as shown. CONCUR: . )6 a John W. Hawley k <::9 Wayne A. Peterson Supervising Civil Engineer City Engineer Y?fa�h G. Tilbbr��—�� Engineering Assistant AGT:jlwp 1111IL"= IP lk" k Ao� c <j r nZ2 AM ^ n^ A n .7 FA rq sop 7/82 TRAFFIC ORDER FORM W. 0.9o. 13 —� DATE TAKEN TO PUBLIC SERVICES: 3 -4 -83 COMPLETED: LOCATION: Various Locations REQUESTED BY: Allan G. Tilton DESCRIPTION: Replace existing R -1 stop signs due to loss of reflectivity. Carpenter @ Hathway Phillips westbound @ Grove ✓ Peach westbound @ Broad Morro northbound @ Palm 41--�/ Fenton westbound•@ Cuesta ✓ / Tassajara northbound @ Ramona CONCUR: 1A Z v 117- a W. Hawley ' ervising. Civil En r tin, _�--! W Allan G. Tilton Engineering Assistant AGT :jlwp Wayne A. Peterson. City Engineer Dolr 7/82 TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 2 -28 -83 0 Traffic W.O. #06 COMPLETED: p LOCATION: Madonna Road west of U.S. 101 - on /off ramp REQUESTED BY: San Luis Obispo Police Department DESCRIPTION: Paint 35's on pavement adjacent to 35 MPH speed limit signs. (See sketch below) N V —•� MADowiva �?d P4,;a74 357m, o•ue earA, < C Jk r'1as rG�'p�I�� y, / /J7, w _ FREEWAY ONIOFF RAMP-- — - -- -- 7/82 TRAFFIC ORDER FOI& W. 0. o. 05 DATE TAKEN TO PUBLIC SERVICES: 2 -17 -83 COMPLETED: a 3 LOCATION: Dana Street at Nipomo Street REQUESTED BY: Allan Tilton / DESCRIPTION: Remove R -39 Yield - Install R -1 Stop with pavement markings (See sketch below). CONCUR: Wayne A. Peterson an G. Ti on City Engineer Engineering Assistant AGT:jlwp u In t v Scot a IK� "Jq � r. �1 4 DANA STREET _ ` 1"' ,x b MONTEREY STREET 7/82 W1 i TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 2 -14 -83 LOCATION: Sierra Way at Ella W. 0. 0. 04 7! Z6 COMPLETED: Z If REQUESTED BY: Jerry Kenny DESCRIPTION: Abandon R -1 "Stop" sign. (W.O. not issued to field. No Action). CONCUR: 74--le Wayne A. Peterson City Engineer AGT:jlwp ab ar, aa-n,. g, 9 n pl-i STar -I L6gwr ,a Et--%__k Allan G. Tilton Engineering Assistant r ��1 Frdr�h Nbs�,�-91 'i 3 d i N R �o �1 7/82 �I CITY OF SAN LUIS OBISPO D 1 4u AL TRAFFIC IN3LESTIGATION� O WORK nSHEET O ® Date: O Location: -at-04" 'TT (Street) / 1 Description of Request: Z-26 (,«o- y_eneo E / v By: _ C7 Phone -Home: _ mss: Phone -Work: Investigated by: On: ADT _ _ _._ _- Date of Count: _ Radar: _ Date of Study Collision History Rt. Angle Head -On Rear -End Findings T14ea 7a GucL GZ,����•• �d ,SSiideeSwiipe�{, GAG v� Pon Recommendations: Action Taken: Comments: AGT/4/27/82 TRAFFIC ORDER FORM W. 0. 03 DATE TAKEN TO PUBLIC SERVICES: 2 -14 =83 COMPLETED: ItIf LOCATION: Chorro Street north of Marsh Street ?,154 REQUESTED BY: Mr. Maino DESCRIPTION: Install loading zone as shown and marked in the field. CONCUR: '`C) Wayne A. Peterson 45an G. Tilton City Engineer Engineering Assistant AGT:j1wp L=ode �z Mofor Cy'A ,S'yopoes 7/82 .- - .I r TRAFFIC ORDER FORM1 W.O. 02 r, p 3 , / J �'L ' i DATE TAKEN TO PUBLIC SERVICES: 2 -14 -83 COMPLETED: LOCATION: ..Pismo at Garden REQUESTED BY: A. Tilton DESCRIPTION: Paint 15 foot red curb on northeast side of Pismo at Garden. See sketch. CONCUR: Wayne A. Peterson City Engineer AGT:jlwp I E Al awn G.�Til on Engineering Assistant ; f_ �r v, I L �Gvr�b 7/82 'J TRAFFIC ORDER FORM W.O. No. 01 DATE TAKEN TO PUBLIC SERVICES: 2-23-83 COMPLETED: Z3 LOCATION: Johnson Avenue & Buchon Street REQUESTED BY: D. F. Romero DESCRIPTION: Extend red curb 20 feet as shown on sketch below. CON C WAP:jlwp 13 T-\ City Engineer Q W I' � z I IZZ s Engineering Assistant sr 7/82 - -A CITY OF SAN LUIS OBISPO REQUEST FOR INVESTIGATION Date: Location: /,?Cj5; - (Street) ' At /Between: -- Description of Request: ..>i'S7w.K� �1 BY: Q, oY`o Phone: Home Address: Phone: Work How Received: Phon .Letter eternal Investigated by: �� joNa On: -- ADT: GOO 7V_A46Ory Date of oun Radar: 3 DateL of Study. - Year Cj•Llision History $L - Rt. Angle -L Z /Z.✓e�er Head -On. C/✓h 6Na^f': Q°�P'.7ot� Rear -End 1 Side -Swipe Act Lou Taken: � 1 O r t3vclor, n 0 � N �o Yd-A25 No, 8/ 3 x ao Q" N v Go c.4T1o1 *1 0 moftrH vr. /;y�o,�s�u�/P �u ��t.c{�a.r�e/ �•� /�T lJ�s�� -�-.e . .,Ot fC.• �'M1Y KY4�...0 �� M' . ,ilt 3 xaCtlyN +`rY �� ♦ J'v: r }r::y , may:. .. • I ,: r t of _ •i +mil �• � t' r •'..v ` .$ �,a `�! ,•' � ` � t ,• it �, i.: S ,i,'w a Y.:'! t+•, '!�.v'`. 4�. ""',t,1 n + , h r r b f' �J ^ i D TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 2 -10 -83 COMPLETED: J l LOCATION: Elks Lane at Sunset Nursery (350 Elks Lane) REQUESTED BY: San Luis Obispo Police Department DESCRIPTION: Install two R -26's as shown on the sketch below. CONCUR: Wayne A. Peterson eaanG.*Mton- City Engineer Engineering Assistant AGT:jlwp Ex���� Past Ta .ems. -� I jNS1� // i2-zd Ao - Fkisf..�g Poa7� 6Jcas��^ej sib^ T o;.. 7/82 TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 2-2-83 COMPLETED: LOCATION: Garden Street @Pismo T1. REQUESTED BY: Wayne A. Peterson DESCRIPTION: Replacedexisting ro" R -1 stop with 36" R -1 Stop;also paint wiggle stripe as shown on the attached sketch. CONCUR: City Engineer Attachment - Sketch AGT:jlwp Engineering Assistant. G GcJi�9le Ss�i -COQ -� f/� �`, /itiG�tASE siac o{P �S fp 30 3d- `V ro N 3 0 t 7/82 Q TRAFFIC ORDER FORM p DATE TAKEN TO PUBLIC SERVICES: 2 -2 -83 COMPLETED: -0? /� 3 LOCATION: Osos Street north of Marsh REQUESTED BY: Allan G. Tilton DESCRIPTION: Remove 2 Hour Parking space as marked in the field. CONCUR: Wayne A. Peterson City Engineer AGT:jIwp !l 1 lull u. 1 1 16U14- -^ Engineering Assistant d Gs V. r LIP Q i 7/82 i Ll TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 2 -10 -83 COMPLETED: LOCATION: 1012 Mill Street REQUESTED BY: Melanie Billig /Eric Seastrand DESCRIPTION: Install - 30 Minute (Green) spaces as shown. 1 CONCUR: Wayne A. Peterson Ti City Engineer Engineering Assistant AGT:jlwp c.c. Paul Lanspery Q i � nn !1 7/82 TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1 -17 -83 COMPLETED: — g �- LOCATION: Santa Rosa Street - Walnut to Peach REQUESTED BY: David F. Romero /Dennis Cox DESCRIPTION: Install R -26(S) sign "No Stopping Any Time" as shown on sketch below. CONCUR: Wayne A. Peterson an G. Tilton City Engineer Engineering Assistant If New k -2c�s) CONCUR: AM f-W N C7 i i ' i v F NEW 22G(S) i l:. /oG� L(.i�psLS oa. c, L, (•�IOC.lC• Wayne A. Peterson City Engineer Zoe �otr �D.+rb �w 1) , ,F R- zc�Cs� Allan G. Tilton — Engineering Assistant J TRAFFIC WORK ORDER DATE TAKEN TO PUBLIC SERVICES: 1 -14 -83 COMPLETED:- f ti LOCATION: OSOS STREET N/O HIGUERA REQUESTED BY: ALLAN G. TILTON DESCRIPTIOIN: RELOCATE 30 MIN PARKING SPACE,INSTALL 2 MOTORCYCLE PARKING SPACES, REMOVE ONE 2 HR. PARKING SPACE AS SHOWN ON THE SKETCH BELOW. /1/ofeZ Rerrrove �.�i�ig ar�� /eleale 3o yr/ s� i%/ `"e ®v oe /3e�d T'e . CONCUR ;., ._ WAYNE A. PETERSON CITY ENGINEER I k. C. IL ENG. ASST. TRAFFIC ®-- R- eLoco6c 3o'm�n. T r � � TTT S r NEtca ✓ /VlaEorGyy� S�a ces 050s vz` n TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1 -17 -83 LOCATION: COMPLETED; �?s Santa Rosa Street - Palm to Monterey fm d'IV,,— REQUESTED BY: David F. Romero /Dennis Cox DESCRIPTION: Install a R -26(S) sign "No Stopping Any Time" as shown on sketch below. CONCUR: Wayne A. Peterson City Engineer k- zo 4 k zd,t NF-� w� R-Z6 Cs� _ C xI STl FN c7. 1 u Sar�� 2oiu %, v a on Engineering Assistant NEW iJ RQTJRN T�qI CA\ +' II :� cam- �;: ^✓_ on.o� �- 'io�iC CONCUR: Wayne A. Peterson City Engineer a IV, Allan G. Tilton Engineering Assistant TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1-17-83 COMPLETED: LOCATION: Santa Rosa Street - Hill to Palm REQUESTED BY: David F. Romero/Dennis Cox DESCRIPTION: Install R-26(S) sign "No Stopping Any Time" as shown on sketch below. CONCUR: Wayne A. Peterson -Allan G. Tilton City Engineer Engineering Assistant t4r=w New R-Z fyi 07`2. New J /G C-- . i 0// -,Z (0 (-S CONCUR: 'Wayne A. Peterson Allan G. Tiltbn City Engineer Engineering Assistant TRAFFIC ORDER FORM r DATE TAKEN TO PUBLIC SERVICES: 1 -17 -83 COMPLETED: T- d LOCATION: Santa Rosa Street -Peach to Mill REQUESTED BY: David F. Romero /Dennis Cox DESCRIPTION: Install R -26(S) sign "No Stopping Any Time" as shown on sketch below: CONCUR: Wayne A. Peterson an Til on City Engineer _ :Engineering Assistant G K r " r a r �✓ °-rye. New /(Ocir�,%� %�7�.( /a // � ✓R. 2C°(-S:) CONCUR: Wayne A. Peterson City Engineer 1, 11 ;Cu -, �Jrb I! �a V, - ,CSC `- Allan G. Tilton Engineering Assistant 7/82 F" TRAFFIC ORDER FORM .� DATE TAKEN TO PUBLIC SERVICES: 1 -1443 COMPLETED: A%. %. LOCATION: Chorro Street at Marsh Street REQUESTED BY: Allan G. Tilton, Engineering Assistant DESCRIPTION: Install left -turn lane at Chorro Street at Marsh Street. See sketch. CONCUR:Cy,� J� Wayne A. Peterson /f Allan G. Tilton City Engineer Oc�C Engineering Assistant N�Eo 10 r3 F 11VS7_RLC.E_0 O.V t%iQ/U. 3J/ /9 �-3 7/82 rk % ion 156,77X.Wolk TRAFFIC ORDER FORM 4"le DATE TAKEN TO PUBLIC SERVICES: 1 -14 -83 COMPLETED: AWK 3 p J LOCATION: Marsh and Osos Streets REQUESTED BY: Allan G. Tilton, Engineering Assistant DESCRIPTION: Install left -turn lane at Marsh and Osos Streets. See sketch. CONCUR r'� yne A. Peterson Allan G. Tilton City Engineer Engineering Assistant ✓� io /:fe - ?.�s7e1/ /c11 oti "W-v 3 /, 1 9g�0'3 C.vr o � 7/82 .TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1 -14 -83 LOCATION: Chorro(at Marsh= Streets REQUESTED BY: COMPLETED: �/fy✓L�. �Cj� ti y L DESCRIPTION: Remove the first two (2) parking spaces on Chorro north of Marsh Street. CONCUR: Wayne A. Peterson City Engineer La 14LL V• Yy WLL Engineering.Assistant .S�aLces Remove ✓eh c% S�oa z Ac -rr—Wrf4 T I 1 T 0 � ^e Q 7/82 rsav 3, .G o a° � I h 0 al r u Q Q a a 3 i i C S .c rsav 3, .G o a° � I h 0 al r u Q Q a a 0 DONLUR: Wayne A. Peterson Allan G. Tilton City Engineer Engineering Assistant 7/82 TRAFFIC ORDER FORM DATE TAKEN-TO PUBLIC SERVICES: 1 -14 -83 COMPLETED: 34 LOCATION: �1 Higuera Street at Osos,Street REQUESTED BY: Allan G. Tilton, Engineering Assistant DESCRIPTION: Install left -turn lane at Higuera and Osos Streets. See sketch. 0 DONLUR: Wayne A. Peterson Allan G. Tilton City Engineer Engineering Assistant 7/82 r i -22 aYlpyv rsaiv 0 .1 K �( m ;v �e ,6 3 m 0. ti thh \� Z 2 Z a a a TRAFFIC ORDER -FORM DATE TAKEN TO PUBLIC SERVICES: 1 -18 -83 COMPLETED: ' -L, / `/C�j LOCATION: Buchon Street west of Santa Rosa REQUESTED BY: Senior.Citizen Center DESCRIPTION: Install two (2) new parking spaces as shown on the sketch be-1m#. IgrwjAro CONCUR: dyne A. Peterson Allan G. Til on City Engineer Engineering Assistant 7/82 Ci. Tt cr� KO SG TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1 -24 -83 COMPLETED: J)q/yl z E3 LOCATION: Walnut Street, East of Chorro Street REQUESTED BY: KVEC DESCRIPTION: Extend red curb 20' on the north side of Walnut Street as shown. CONCUR: - ' Wa a A. Peterson Allan C. Tilton City Engineer Engineering Assistant � N 1 O io 2 o; G Z 0 �KVEG j INSTALL 26 r �! w,aL A/zfr 7/82 TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: 1 -3 -83 COMPLETED: ,,,f�f�/y LOCATION: Higuera Street, West of Santa Rosa REQUESTED BY: A. G. Tilton, Engineering Assistant - -� DESCRIPTION: Paint curb red between two newly constructed driveways on the north side of Higuera 180 feet west of Santa Rosa. See sketch below. CONCUR: Wayne A. Peterson an G. Ti ._ City Engineer Engineering Assistant CGMf't C iE i - -� �3 z 'RED - b . r N � a � ' i �rw r � w SANTA ROSA STREET 7/82 i • TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES:, 2 -1 -82 COMPLETED: LOCATION: Buchon Street - All Intersections REQUESTED BY: Wayne A. Peterson, City Engineer DESCRIPTION: INSTALL "NO PARKING - HERE TO CORNER" corner clearance signs with appropriate arrows at all intersections on Buchon Street as illustrated below. (Typical Intersection) • -"Wayne A. Peterson City Engineer WAP:jlw 0 • t 4 a D" ACT: jlw 13AFFIC ORL+R FORM DALE TAKEN TO PUBLIC SERVICES: 3 -31 -82 COMPLETED: LOCATION: Alrita Street at Flora Street RLQUESTED BY: Allan G. Tilton Engineering Assistant DL:,CRIPTION: Install (R -1) STOP SIGN and STOP BAR at the above intersection. .%A- (See sketch). �^y� ,. f ,. �' J 1 � • . _ #. + 71 F � r 1' ,z CONCUR: _ Wayne A. Peterson Allan G. Tilton f1 City Engineer Engineering Assistant - Traffic 0 0 v March 29, 1982 ��i dlS OBISPO IPUBLIC SERVICES DEPARTMENT .P.O. Box 321 . San Luis Obispo, CA 93406 805/541 -1000 TO: John W. Hawley FROM: Allan G. Tilton SUBJECT: Stop Signs at Alrita Street and E1 Paseo: In reply refer to: 157:AGT. We have received several requests for stop signs at E1 Paseo and Alrita Streets at Flora Street. Flora Street is classified as a Collector while E1 Paseo and Alrita are local. Both. El Paseo and Alrita intersect'... Flora at right angles and are grades greater than 5 %. There are.no traffic collisions of record. However, I. believe this request stems from a collision in the last month. After driving these streets, it appears that the prudent person would,.and does.stop,, prior to entering Flora from either of these streets. Traffic counts indicate that Flora carries slightly more traffic than do either of the others. E1 Paseo has an ADT of 550 while Flora has an ADT of 650. In the Street Master Plan of the Circulation Element of the General Plan, Flora Street is shown as a Collector while Alrita and E1 Paseo are shown as local streets. It is, therefore, my recommendation that E1 Paseo and Alrita be STOP intersections, stopping prior to entering Flora. AG,r : lw � �IIIIii''�� I9 li'Ini II i,:•. it I ' I; I' � ��: =n: r'_:: �+ � � -_ _. ZEE April 16, 1982 city of san LUIS ® IS O PUBLIC SERVICES DEPARTMENT Post Office Box 321 • San Luis Coispo, CA 93406 -0321 • 805;541.1000 SUBJECT: Installation of Stop Signs on: E1 Paseo at Flora and Alrita at Flora Streets Dear Property Owner: In reply refer to: 193:AGT In an effort to keep you, the citizen, informed I would like to let you know that we plan to install two (2) new stop signs in your neighborhood. The new stop signs will be installed on El Paseo at Flora and on Alrita at Flora Streets. These new signs have been requested by area residents and are recommended by the Engineering Department after reviewing conditions in this area. I feel, as you hopefully agree, that this will improve safety for all. Sincerely, Wayne A. Peterson Cit Engineer Allan G. Tilton Engineering Assistant - Traffic c.c. P. Lanspery D. Romero AGT:jlw v'�MCA TRAFFIC ORDER FORM DATE TAKEN TO PUBLIC SERVICES: COMPLETED: LOCATION: Southwood Drive at End REQUESTED BY: Bill Harr(15) is DESCRIPTION: Install R -2 (i2&) and.Street Markings as shown on the attached sketch. CONCUR: '.`j WAYNEA A. PETERSON CITY ENGINEER 1 ENG. ASST. TRAFFIC /rusTgL- /S/V1PN SI°EEp L /�� 47t e.,0t/ -vP C, *7e, TleZt- la 140 t y� s � 1 h 0 7/82 [A 0 O TRAFFIC ORDER FU'RM DATE TAKEN TO PUBLIC SERVICES• 9.20.82 COMPLETED: _ �Z LOCATION: Madonna Road at Los Osos Valley Road REQUESTED BY: Fire Department DESCRIPTION: Install Yellow Non - Reflective Markers on Center Line As Shown On Sketch. CONCUR: \' Wayne A. Peterson City Engineer AGT:jlw ar ¢: t Engineering Assistant,''iaffic jfit ate. ,._ - ��•. . � "�. -. ,�., .MADONNA ROAD a 2 00 'oo p N 0 TRAFFIC WORK ORDER DATE TAKEN TO PUBLIC SERVICES' 10-7-82 COMPLETED:- LOCATION: city parking no 6 REQUESTED BY: Human relations office DESCRIPTIOIN: Install handycapped parking space as shown. CONCUR: =� WAYNE A. PETERSON CITY ENGINEER wry jr I G. TILTON ENG. ASST. T4FFIC, r. Ali AqL MMM 0 00. LA .0 '0 • TRAFFIC WORK ORDER i� DATE TAKEN TO PUBLIC SERVICES: 11 -23 -82 COMPLETED:- LOCATION: CALIFORNIA -MILL REQUESTED BY: D.F. ROMERO /ALLAN. G. TILTON DESCRIPTIOIN: DECREASE GREEN TIME ON MILL STREET FROM 19 sec. TO 17sec OFFSET TIMING IS TO REMAIN THE SAME. CONCUR: WAYNE A. PETERSON CITY ENGINEER s r 1 U C ,SAN" T TON ENG. ASST. TRAFF C °Z TRAFFIC WORK ORDER • DATE TAKEN TO PUBLIC SERVICES: 10 -11 -82 COMPLETED:- illol-(irs oa, LOCATION: MURRAY @ HATHWAY REQUESTED BY: MR. OZ GORTON DESCRIPTIOIN: PAINT CURBS RED AS SHOWN ON THE ATTACHED SHEET. CONCUR: WAYNE A. PETERSON CITY ENGINEER r- -I LJ 0 AL G. TILTON ENG. ASST. TRAFFIC I t �'`, n � '>� �.�, �6 �Yis�. >' ��....• � R w. 1 � f0'L o! a`9 �Pj/g'pm' � iii p .�c•O1jM1 yy �2 't ,�}+ yea a; ,b -ti _. j`r� e���a ,_,r�B��,e° �t °.2Li �. °1•�Y=�y ° y/�.Merr ��7 ' �'.' ¢ Y;.'i '�.. , ' \.cr^ e� � ^ �? `T K. *2, y' � .• � o o t� o Y: •• 'Y.� \•- b� 1 o � {{ik 4A 4. � .\ a '•,* .Qe o qe ° 1 'Oi .u. -! �c�.� 3£' r' f n�� r,�.�\ �`.1 '� o •nom, � V 4' � z � - � [ ,�4' /t ,d > r ti- ci R,> }g .T it ya^'j'• g- ^ �pY`B'r .aw•~i. • 5� "r ywa.::�++i: .s .. o ° �+ 4, o R � � &� t S °� .,°$ 1.11 ; °o(, f e?'F 4 a� °�C%D .F`' [�iyq�+✓,,., e .: ` k n � �F a li'� �r•oc `}.. � ffi�J}��9�`rJ f .r� B .. YS •��ii� � +: °s p o c` p° t r i. '.��tay�M) ga V a e' L tl o •i " �(i1J T I.. Y• , P4 4 �• ,.. wo Q ... r• lylt� /, `S��s f. >1• ) �R o a '• �' ,,pp. .4'; �' �,� s\a .._�L� ,tom ='. q � �' \,` y x � �'a y �•NM,' ..e 2•.'o a'r�'...�Tr* "��'< 'o 12 �„•,` i! -F�+' r G ° Q"b p} ..° C@I.N� `4 p 0° • Pn CV ,� ° no n n °ta1'� ti, b F' �'• a Y oa E P° a' G 7.3 K .� .' ➢f o LtLL�a�� o 1rf `�o� 4'aio N'.; ��5.��i%. ��• ' o , u 1 o. < , AC-1w y✓ d cat l ..^o. C A ,.. 4L �,. - `y5" a a 4 2 �' - .T�•' ice. � � ~' � °j a H o ,b " y 'x� 7„a 'i, 8 atl r} }! �-rr��v H� 6 °: •.f a- "� \ t.r 1 � .• .. a '\ ' �. ��{ a._q.��;� 9�, 9�.' x� gym- Q$ ".a,. `S�'''I�'•,'� - � a� `er..� ". "°. �. RW • i y yya 4!'' v ° �`*w' .std w / °\ .W. ' "�J, \V1��{aJ •�..4 t• o,&; :^•� iii S�•r•.."• � �P���� Vim, /� �'q^ , t .,• 9�. ti '�•:r,� �� .°b"'�',i,%c ':1i] \ .�J .YI'F -'. (o - "\7L. � � r � f n.. `F `� °F3��' Fr �eg ii..- r"�^'�ro °� .... -,� �, ern.. •� < 'h� -. ``T'ly4 �f �,� � b g�',� -c \7 ,r^. �a '•�y ° ` _g•( .9'. 1 �1. 4V4'.ik� "ham ". -� .F'.S S t. •+. y'� .iJ t ah .y�,Y �t�Yf'�` f - f',.� \. k ca qa pr.Zl Jr a.('j . 'i'!4'r F`.l, f r =4`�• .� ''dC31 �;. �VMki✓ '�•+ A o.• y �' r •. 1LP1- �rl� 'rYtia '.%'� -J•r rC�^ h�3' `£'7!c{ c` 'SjSr "+� ^ ,e ° y. 0 4 Nr x "T1)-F. / +. f a • V. �1.6 Y ;., ftr'�:r S /a . \ � F r1 L w.. ,.•jYr` f r .iin�ih^'tva9?J FG ° ` Cdr_ �� o ^ � o t ^ +� v ( ° va'"�Z,'i foy�•��,`.•y�'� kip`.' �L✓' -++ y, ``� ''�• Q-'�' o Ax'��7 ,a.tc. �.i ,2.''f ..- `+'.���n4 � � � E'°a7y�,9 F :oY� ��„ ?� Y'r r ;✓ :� Y � G Cl /� '° '' {�, OY. •C.'•' � � )�Rfl.`. Y.'�M �< i ' ? 47 st 'j i� �� � !" "�" � e� � �° f y^� :, n,'. � } e•�.r.J �L�L^'' �'. � tf •�� �� "s � .� � 1f 1 f x y �Y"' � t r � (•�f 1{ •� •i.. r i �i �.L �, c��,Yl � }. � \� �' � � ?b 'T'Y e r L w 1 fyr� Y" �} �Y ; ; r> �a•M1l Kry�.v'• < � �Tr''aUt/ CL' 1 4 � �C �?� , �'[j� 'M1^ > +•r 5(�� "c�P v '+,�{ _ [! ^W '1 ^Y.f i.4)• l' . ^. d� +.0 ��� It '• __� . �i{' c�� +y.r5# i .n t`"!'�`'ui V�•�..�..v� rx _. ;.� x rs �`,T .'gyp �,\ \ +,. ^. • "� 'Ji.- si+9.+145cWriti�.- .aDKa. `t1i • 'b+:nd'K.Q.n.,..• \ }¢. (� v ;x"1 � •,• r' .a �.�a7u .� +' 3:e pk.rfU4ti\fJ .: L �11r �:)ai1• ^pL�:.4 \{. . %. A+N�.T6. A% -6pLi/ r}.' MEM ORANDUM �, Of SAn 11 S OBISPO MEMORANDUM PUBLIC SERVICES DEPARTMENT MEMORANDUM P.O. Box 321 . San Luis Obispo, CA 93406. 805/541 -1000 I-,/o,,,/e y 77 /for So 6 cc7` ; r t..l /f7ro to %rr� 6D /v /r �� .��Gr•�o.7 $oo �4. �N w4g SZ� f4s 4s.�e�/ r /�..� 1 7Z jl�l 7'�6 ,r /o 0 4 rt" o y ono / O �serc� �a rs /on ',E..�rC O.v 7`�)e 4 ri11,o /4G'�itiS of` Lie �.v7e.�.r�C- �!',a,u, Q /sue �°Os.•s re/ /vor�i«.� e.ti,cvv�c�fi.ti -,/ �wfti ��y� o�rvcway /"ri.yi�s .177" ®i P1 /ry ✓S c /UN /,.S /r �. ��/ �t� �r-a /'6ie� -�. GLf a-.� /LBa r S7f�cre -✓T /..L G...n /. !�'eGO.-- .�-,[ ��li�yp�,� d�C°R� G ✓b'J� RS S/'7uww Oi✓ T"tiP ���� ►�►riiilf�lllllllllf1i ° " °91111U city of San t is OBISp0 COUNCIL AGEn REPORT , 1983 FROM: Wayne A. Peterson, City Engineer \-�, Prepared by: Jackie Wagner -Penfa I 1 SUBJECT: Traffic Work Orders for Period of January 1, 1983 through March 31, 1983. CAD RECOMMENDATION: Pass Resolution Approving Traffic Work Orders for Period of January 1, 1983 through March 31, 1983. BACKGROUND: The City Engineer has, over the past three (3) months, issued work orders for the installation of signs, curb markings and pavement markings. These .minor. changes have been implemented in an effort to increase the safety and operation "of the city steet system. It has been the Council's policy in the past to accept this report on a quarterly basis. This report attempts to satisfy this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for Period of January 1, 1983 through March 31, 1983. Attachments - Completed Traffic Work Orders (available in Council Office.for inspection) 1/1/83 - 3/31/83 WAP:.jsh c.c. David F. Romero (w /out attachment) -- - - 5 Do #*M 51'-If-o933 M AE GlVdO NOI1dl63S3C 'iNVnO 83H10❑ Vld3S❑ SiN I 8d El 3NOHd (13(133N 31Va 3WVN RESOLUTION NO. 5090(1983 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CLARIFYING THE INTENT OF THE COST OF LIVING INCREASES PERMITTED BY THE CITY'S MOBILE HOME PARK RENT STABILIZATION ORDINANCE NO. 923, AND AUTHORIZING CITY INTERVENTION ON BEHALF OF TENANTS SUBJECTED TO A RENTAL INCREASE IN VIOLATION OF SAID ORDINANCE WHEREAS, this Council heretofore has adopted an ordinance (No. 923, 1982 Series) establishing a mobilehome park ( "park ") rent stabilization system; and WHEREAS, Ordinance No. 923 restricts increases of park space rent to no more often than once a year, and to the lesser of a fixed percentage or 3/4 of the cost of living increase since the previous rent increase; and WHEREAS, recently the owner of a park in the city has raised space rent based on a purported "cost of living increase" which is not in accord with the language or intent of the ordinance, resulting in a rent increase in violation of said ordinance; and WHEREAS, Municipal Code Sections 4811 and 4812 of said ordinance grant tenants the right to refuse to pay rental amounts in violation of said ordinance; and WHEREAS, this Council is concerned that the park owner might take legal or other action against tenants who choose not to pay that portion of their billed rent in excess of that permitted by the ordinance, thus placing an unfair emotional, time, and monetary burden upon said tenants; and WHEREAS, this Council finds that the expenditure of city funds to support and protect the objectives of said ordinance serves both a public and municipal purpose. R 5090 Resolution No. (�3 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The cost of living rental increase permitted in the City's Mobilehome Rent Stabilization Ordinance by Municipal Code Section 4805(b)(2)(c) and (d) are to be calculated by using only two indexes, namely the beginning index and ending index for the total period of time since the last rent increase, and with a minimum of twelve (12) months in time for a period involved. Any attempt to average each month, or any number of months in the period in an effort to develop a higher overall increase than that given by the beginning and ending indexes is forbidden, and is a violation of the City's ordinance. SECTION 2. The City Attorney is hereby authorized and directed to intervene on behalf of any tenant in any litigation, arbitration, eviction, other legal or public agency process, or the denial or reduc- tion of tenant mobilehome park privileges or amenities, whenever the City Attorney is satisfied that any such action arises or occurs from the imposition.of mobilehome park rent increases in violation of the City's ordinance. SECTION 3. In the event any such intervention is necessary, the City Attorney shall provide the council with an updated and detailed written report thereof with each regular city council agenda until the matter is finally resolved. SECTION 4. Nothing herein shall be construed as preventing the City from taking other and further action as the City deems appropriate. On motion of Councilwoman Dovey , seconded by Councilman Griffin, and on the following roll call vote: Resolution No. (U3 Series) Page 3 AYES: Councilmembers Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 12th day of Y April 1983. F11:I:RIGIV011F P. -, �a -f" Cit Administrative [Off r City Attorney 0 �f�� � , , .. _a � .. :. .;: -- . :. ,. -, . �.� RESOLUTION NO. 5089 (1983 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO OPPOSING SB 259 (MELLO) AS AN UNWARRANTED INTRUSION INTO LOCAL AFFAIRS AND REQUESTING THAT EACH MEMBER OF THE ASSEMBLY JOIN IN OPPOSING THIS LEGISLATION WHEREAS, municipal procedures for processing condominium conver- sions and other tentative maps are a legitimate and necessary function of local government; and WHEREAS, SB 259 nullifies the legitimate and necessary regulations enacted by the City of San Francisco in its effort to regulate excessive condominium conversions in that city; and WHEREAS, SB 259 is a blatant special interest bill in that it is designed to enable one developer to gain additional profits by circum- venting a duly enacted local ordinance;-And WHEREAS, this type of legislation helps to set a precedent of state interference in local land use decisions and degrades the state's legis- lative process by a flagrant violation of the principles of local control; THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo oppose SB 259 and urge members of the State Assembly to join in opposition to this unnecessary and ill- conceived legislation; and BE IT FURTHER RESOLVED that copies of this resolution be trans- mitted to each city located within the County of San Luis Obispo urging that all necessary action be taken by them in opposition to the enactment of SB 259. On motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this twelfth day of April, 1983. %� 4^ ATTES el ni C. Billig, Mayor CityVClerk Pamela VJqeVr R 5089 Resolution No. 5089' 983 Series) U Page 2 APPROVED: P,,,, "S Paul A. Lanspery City Administrative Officer George Thacher, City Attorney ,�Jll C/ �s iv���� C�OUr7 j �� � C' � �, rn.�.......� . C RESOLUTION NO.5088(1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE RETAINING OF ARTHUR J. SHAW, JR., ATTORNEY, ON AN AS NEEDED BASIS TO ASSIST IN THE TRANSITION TO RESULT FROM THE CURRENT CITY ATTORNEY LEAVING CITY EMPLOYMENT WHEREAS, the current City Attorney has resigned to take a position elsewhere and will leave City employment in late May 1983; and WHEREAS, recruitment and hiring of a new City Attorney will likely proceed at a pace resulting in the new attorney being on board no earlier than July 31, 1983; and WHEREAS, the work load in the City Attorney's office -- daily advice, liti- gation, ordinance drafting, opinion preparation, etc. -- is such that the Assist- ant City Attorney will require some assistance during the transition; and WHEREAS, as the Council has conducted that the City Attorney should be a full -time employee. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby authorizes retaining Arthur J. Shaw, Jr., attorney, practicing with the firm of Stuart & Shaw, 981 Osos Street, San Luis Obispo, to assist with legal work as described above, commencing at once, on an interim as needed basis, until a new permanent full -time city attorney is hired and at work. SECTION 2. Mr. Shaw shall submit a schedule of fees, if any, for incidental expenses -- copying, phone, travel and the like -- the schedule to be approved by this Council prior to payment of any such fees. SECTION 3. Geoffrey L. Grote is hereby appointed as Acting City Attorney , effective May -20; 1983. On'motion of Councilman Settle, seconded by Councilman Griffin, and on the following roll call vote: R 5088 Resolution No. 5088 (1 9A3 Series) Page 2,� AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None the foregoing resolution was passed and adopted this 12th day of April 1983. Alt YO MElV Q.C. BILLIG ATTES _ V CIT CLERK PAMELA GES APPR ID: Ci y'Administiative 0 ficer i Attorney 61" RESOLUTION 5087 VOID r RESOLUTION NO. 5085 (1983 Series) A RESOLUTION OF-THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MARSHALL AND STEVENS INCORPORATED FOR THE ESTABLISHMENT OF A FIXED ASSET MANAGEMENT SYSTEM 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 Marshall and Stevens Incorporated 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: Mike Reynolds, Marshall and Stevens Inc., 1150 South Olive Street, Suite 1000, Los Angeles, CA 90015; and to the City Finance Director. On motion of Councilman Settle ,.seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of� April , 1983. &--N PROVED: City Administrative Olfficerl City Attorney PW POWMIAP / R 5085 CONSULTING SERVICES AGREEMENT THIS AGREEMENT, made and entered into this I ^ } 5th day of April f 1983, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of California, hereinafter "City ", and, MARSHALL AND STEVENS, INC., hereinafter "Consultant. ", W I T N E S S E T H• WHEREAS, City desires to retain certain services for the development of a fixed asset management system. This consultant'is being retained to provide inventory, costing, valuation and records preparation services. WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION. (a) City. The City Finance Director shall be the repre"'Sentative of the City for all purposes under this agreement. The City Finance Director or his designated representative hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. (b) Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the City Finance Director. Consultant's Project Team is further described in Exhibit "A" attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "A" shall not be changed except by prior approval of City. 2. DUTIES OF CONSULTANT. (a) Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. (b) Laws to be Observed. Consultant shall: (1) Procure all business permits and licenses, pay all charges and fees, and give all notices which may necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders,.and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization-by Consultant without the prior written approval of the City's Project Manager. (d) Copies of Reports and Information. If City requests additional -2- copies of reports, drawings, specifications, or any other material in addition to what Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. (e) Qualifications of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY. City agrees to cooperate with Consultant and to perform that work described in Exhibit "A" attached hereto and incorporated by this reference. 4. COMPENSATION. (a) For the full performance of the services described herein by Consultant, City shall compensate Consultant utilizing the fee schedule outlined in Exhibit "A" attached hereto and incorporated herein by this reference. (b) City shall pay Consultant according to the following schedule: (1) Payment for consulting services for the first 80% of the work to be performed under this agreement will become due and payable in accordance with the monthly progress invoices. (2) The final 20% will become due and payable upon receipt by the City of completed reports. 5. TIME IS OF THE ESSENCE. (a) Time of completion of'this project is of the essence. (b) Consultant shall complete the work to be performed under this agreement within the time frame set out in Exhibit "A" attached hereto and incorporated herein by this reference. (c) Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the -3- negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION. The City Finance Director shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of Consultant to perform any provision of this agreement. 7. SUSPENSION: TERMINATION. (a) Right to Suspend or Terminate. The City retains the right to terminate this agreement for,any reason by notifying Consultant in writing seven (7) days prior to termination and by paying the compensation due and payable to the.date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated.to compensate Consultant only for that portion of Consultant services which are of benefit to City. Said compensation to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. (b) Return of Materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work -4- done and all materials furnished, if any, shall be subject to the City Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS. All original drawings, plans and other materials prepared by Consultant pursuant to this agreement shall become the permanent property of the City. 10. INDEPENDENT JUDGMENT. Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT; SUBCONTRACTORS: EMPLOYEES. This agreement is for the performance of professional consulting services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 TO CONSULTANT: Marshall and Stevens, Inc. 1150 South Olive Street, Suite 1000 Los Angeles, CA 90015 -5- 13. INTEREST OF CONSULTANT. Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY. Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: (1) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; (2) Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the city of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; (3) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however, caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; (4) Any and all claims and demands which may be made against City, its officers', agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and (5) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or-instituted by third persons against.City, its officers, agents, or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action, or other legal proceedings, when same was due to the negligence of the Consultant. 15. WORKERS' COMPENSATION. Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commending the performance of the work . of this agreement. 16. INSURANCE. At the request of the City Finance Director, Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including -7- automobile) and professional liability insurance ($250,000) satisfactory to the City Finance Director. 17. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors., executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by -the other party of any term, covenant; or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City am shall have the power to cancel or suspend i_his agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Twenty -Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If Consultant is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Consultant shall be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Consultant is found to have been in such noncompliance as damages for said breach of contract, or both. 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant,. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year first above written. CONSULTANT: MARSHALL AND STEVENS, INC. By _. fyf /Vt b/e4C Af4erli y%ow; r m EXHIBIT "A" PROPOSAL TO CITY OF SAN LUIS OBISPO FOR A FIXED ASSET MANAGEMENT SYSTEM V MARSHA-LAND STEVENS INCORPOW --JED TABLE OF CONTENTS I Page No. I. PROJECT OBJECTIVES 1 II. PROJECT SCOPE 3 III. PLANNING 5 IV. BUILDING AND IMPROVEMENTS 7 V. MACHINERY AND EQUIPMENT 12 VI. UTILITY UNDERGROUND, WATER & SEWER 17 VII. LAND 18 VIII. VEHICLES AND MOBILE EQUIPMENT 19 IX. REPORTS 20 X. FEE 23 XI. GENERAL 24 XII. ANNUAL VALUATION SERVICES 25 ADDENDA PROPERTY LISTING ANNUAL SERVICES SPECIFICATIONS MUNICIPAL CLIENT LISTING DEPRECIATION STUDIES MARSHAI AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 1 I, PROJECT OBJECTIVES The proposed services will assist the City to establish a Fixed Asset Management System which will provide infor- mation for: A. FINANCIAL REPORTING 1. Materiality Disclosure (Ref: Disclosure Guide- lines for Offerings of Securities by State and Local Governments - MFOA) 2. Audit Compliance (Ref: AICPA, NCGA /GAAFR, Rev. Sharing Act) 3. MFOA Certificate of Conformance 4. Classification of Utility Fund Assets (Ref: NARUC, PUC) B. COST ACCOUNTING 1. Rate Setting (Enterprise) C. CAPITAL EXPENDITURE PLANNING L. Budget Request Substantiation 2.. Capital Asset Improvements and Replacement Forecasting D. INSURANCE REQUIREMENTS 1. Total Insurable Value 2. Specific Values 3. Coinsurance Compliance 4. Proper Rating MARSHAl1 AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 2 I. PROJECT OBJECTIVES (Cont'd) 5. Proof of Loss Assistance 6. Perpetuation of Insurable Values E. ACCOUNTABILITY AND CONTROL 1. Responsibility and Custodianship 2. Operational Efficiency MARSHALL AND STEVL=NS INCORPORATED CITY OF SAN LUIS OBISPO Page 3 II. PROJECT SCOPE A. Marshall and Stevens will implement, in joint coopera- tion with personnel of the City as herein described, a comprehensive Fixed Asset Management System which will provide a verified record of all included fixed assets. B. Marshall and Stevens will provide an inventory, costing, valuation and the preparation of property accounting records covering Buildings, Improvements other than Buildings, Machinery and Equipment as indicated in Adden- dum A to this proposal. (Assets or locations not specified therein could be included upon your specific authorization at an additional fee based on our standard per diem rates plus expenses, if any.) C. Land Parcels; Licensed Vehicles and Library Books will be included on the basis of data to be provided by City personnel. D. Roads; Bridges; Curbs and Gutters; Streets and Side- walks; Easements; Drainage Systems; Street Signs and Street Lighting Systems; Parking Meters; Traffic Signal Systems; Landscaping; Supplies and Inventories will be excluded in accordance with current governmental account- ing practices. E. The system will be computerized and installed on Marshall and Stevens computer for report processing. The Master File will be the property of the City and will be avail- able at any time it is in a position to process at its own computer facility. Our computer programs with com- plete documentation are available for purchase in the event that internal processing is desired in the future. F. The implementation of the Fixed Asset Management System will include the training of City personnel in proce- dures to report property transactions for future updating. MARSHALL AND STEVENS INCORPORATED I CITY OF SAN LUIS OBISPO Page 4 II. PROJECT SCOPE (Cont'd) G. Based on our prior experience, and our present under- standing of your requirements, the major steps in the implementation of your Fixed Asset Management System . would be: 1. Project Planning (The [cork Plan) 2. Inventory of Fixed Assets 3. Costing /Valuation 4. Lifing /Coding 5. Data Review 6. Data Processing. 7. Annual Valuation And Consulting Services for Perpetuation of the System MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 5 III. A. CITY PLANNING 1. A project of this size and complexity requires thought and planning to assure success. It is essential that the project have the support and commitment of all Department heads at the outset since it will require cooperation and an invest- ment of their time. 2. However, the investment in time should be minimal limited to the assemblage of cost records and construction and engineering data and the providing of access to areas to be included. 3. It is essential that one person be appointed to head the project for the City before commencement of any work. This person would have the responsi- bility for continuing the System after completion of initial project. The appointee must have some knowledge of the property accounting and be autho- rized to make decisions regarding the project. Preferably this individual would be selected from the present organization, familiar with City account- ing procedures. B. JOINT PLANNING 1. Our Project Manager would meet with you to finalize your property accounting principles and prepare a detailed work plan: a. Review asset accounting procedures, depreciation convention and method, useful life assignment procedures and set a cutoff date for inventory and costing. b. Review department cost centers and chart of accounts and funds. c. Define codes to be used in the System. d. Review available cost records. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 6 III. PLANNING (Cont'd) e. Review the work schedule and establish pro- cedures to gain access to security areas, locked rooms and to other areas where prior arrangements are required. f. Arrange for staff working space. 2. We recommend that a meeting be held with key mem- bers of the various departments to introduce our Project Manager who would outline the Work Plan Schedule and answer any questions about the project. The meeting should include, but not be limited to, personnel from the following areas: a. Administration b. Finance c. Accounting d. Public Works e. Utilities f. Risk Management g. Purchasing h. Property 3. During the Planning Stage, pre - established report data will be reviewed: a. Content and format of input documents, i.e., inventory and property accounting source forms. b. The content of final property accounting and insurance reports. C. The type and frequency of reports. 4. The work plan developed in this stage will clarify and delineate responsibilities within the project and set target dates for completion of each phase. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 7 IV. BUILDINGS AND IMPROVEMENTS OTHER THAN BUILDINGS A. INVENTORY PROCEDURE 1. Documentation: Experienced and qualified appraisers of Marshall and Stevens Construction Staff will per- sonally inspect, describe and compute measurements and areas of all Buildings and Improvements other than Buildings as indicated in Addendum A. Building components (listed below) will be individu- ally analyzed as applicable: a. Basic Structure Site Preparation Foundation Frame Exterior Walls Floor Structure Roof Structure Roof Cover Fire Protection Attached Exterior Construction b. Interior Construction Interior Construction Ceiling Floor Covering c. Building Service Equipment Plumbing Electrical Heating, Ventilating & Air Conditioning Elevators Improvements other than Buildings generally consist of: a. Paving - Parking Lots b. Playground or Picnic Installations c. Miscellaneous Structures - Sheds, Bleachers d. Electrical - Outside Sports Area Lighting MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 8 IV. BUILDINGS AND IMPROVEMENTS OTHER THAN BUILDINGS (Cont'd) 2. Data to be recorded will include types of con - struction, dimensions, appurtenances, occupancy And use, and insurance exclusion amounts. B. ORIGINAL COST RECORD/ACCOUNTING 1. To establish the necessary cost record for accounting, auditing and financial reporting purposes, Marshall and Stevens will establish an original cost record based on acquisition cost and date for each building And improvements other than buildings. Costs gener- ally include: a. Construction cost for allocated purchase) b. Fixed equipment costs c. Architect's fees d. Inspection and other fees e. Costs of permits and licenses f. Applicable sales tax g. Insurance and interest during construction, if applicable h. Other incidental expenses 2. Original costs will be assigned on the basis of City records, provided that they are furnished to our staff in an expeditious manner, assembled by project. Various sources may be available: a. General Ledger, audits and other financial records b. Architect's request for payment documents c. Project files MARSHALL AND STMNS INCORPORATED CITY OF SAN LUIS OBISPO Page 9 IV.. BUILDINGS AND IMPROVEMENTS OTHER THAN BUILDINGS. (Cont'd) d. Reports issued to agencies such as HUD e. Inventory files, cards f.. Maintenance records g. Purchase orders and invoices h. Council minutes, ordinances and resolutions i. Deed files j. Capital improvement budgets 3. If the appropriate original cost data is not avail- able or cannot be provided as described above, the normal original cost will be established by Marshall and Stevens using one of the following methods: a. Research the normal cost at date of acquisition from our historical pricing records. b. Determine current reproduction cost new and apply reverse cost trends to the date of acquisition. 4. An.estimate of the Total. Useful Life of each Building or Improvement will be made. This estimate, together with the estimated date of acquisition, will be the basis for the ratio of expired life to remaining life to provide depreciation reserves to date for applic- able Funds. In arriving at our opinion of Total Useful Life, consideration will be given to: a. The type, character and reasonable life expec- tancy under past and projected operating conditions relative to the designed use; b. Functional obsolescence and developing technology; MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBI_SPO Page 10 IV. BUILDINGS AND IMPROVEMENTS OTHER THAN BUILDINGS (Cont'd) c. Economic obsolescence resulting from changing economic conditions in relationship to the use of the'Facilities; d. The City's history, polidI es or _plans regarding capitalization of maintenance, major repairs or replacement of facilities. C. CODING 1. The following codes will be-assigned to Buildings and Improvements other than Buildings when supplied to our Project Manager by the City at the beginning of this project: a. Site Designations b. Building Numbers c. Departments d. Funds e. Sources of Revenue f. Accounts 2. This data must be furnished by the City in schedule form. D. CURRENT VALUATION 1. Current Reproduction Cost New information is re- quired for (1) adequacy of property insurance coverage, (2) capital expenditure planning for replacement and (3) maintenance decisions. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 11 IV. BUILDINGS AND IMPROVEMENTS OTHER THAN BUILDINGS (Cont'd) 2. Marshall and Stevens will utilize the following valuation procedures: a. Reproduction Cost New - Each building and im- provement other than buildings will be valued at Reproduction Cost New. Consideration will be given to labor and material costs in the local area to replace the property in like kind and quality, plus the indirect costs for archi- tect's and engineers' fees, inspection fees, licenses, applicable sales:tax, insurance and other incidentals. b. Depreciated Reproduction Cost - Physical deterioration and functional and economic obsolescence, relevant for insurance purposes, will be observed and deducted to arrive at Depreciated Reproduction Cost. c. Exclusions and Insurable Values - In computing Insurable Values, the value of items specific- ally excluded from coverage in accordance with your present insurance policy will be deducted to arrive at Insurable Reproduction Cost and Depreciated Insurable Value. A copy of the current property insurance policy must be pro- vided to Marshall and Stevens by the City prior to the start of this project. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 12 V. MACHINERY AND EQUIPMENT A. INVENTORY PROCEDURE 1. Verification: Experienced and qualified members of the professional staff of Marshall and Stevens will conduct a field inventory of City machinery and equipment for the Water and Sewer facilities listed in Addendum A. The assets will be listed by building and department of use in one of the following categories: a. Capitalized Equipment - Individual. Control: Those equipment items (1) which can be identi- fied by manufacturer, model and serial number and as such, are identifiable from other like items; (2) have a unit original cost of $1,000 or more and.(3) have a useful life in excess of one year, will be listed individually. Generally, this classification includes business machines, major machinery and equipment, audio visual equipment, communications equipment and maintenance equipment. b. Capitalized Equipment - Group Control: 'Those equipment items (1) which are homogeneous and not individually identifiable, (2) may or may not have a unit cost of $1,000 or more, but the City practice is to purchase in groups and capitalize the total group cost and (3) have an average group life in excess of one year, will be listed by homogeneous grouping by each year capitalized within each location and fund. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 13 V. MACHINERY AND EQUIPMENT (Cont'd) B. ORIGINAL COST RECORD/ACCOUNTING 1. To establish the necessary cost record for account- ing, auditing and financial reporting purposes, Marshall and Stevens will establish an original cost record based on acquisition cost and date.for each individual machine or capitalized group. Costs generally include: a. Purchase or assembled cost b. Freight and installation C. Applicable sales tax 2. Original costs will be assigned on the basis of City records provided that they are furnished at a centralized location to our staff assembled by year and by department of responsibility. 3. If the appropriate original cost data is not avail- able or cannot be provided as described above, the normal original cost will be established by Marshall and Stevens using one of the following methods: a. Research the normal cost at date of acquisition from our historical pricing records. b. Determine current reproduction cost new and apply reverse cost trends to the date of acquisition. c. Utilize manufacturers' serial numbers to esti- mate the manufactured date and cost. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 14 V. MACHINERY AND EQUIPMENT (Cont'd) 4. An estimate of the Total Useful Life of each item or homogeneous group will be made. This estimate, together with the estimated date of acquisition, will be the basis for the ratio of expired life to remaining life to provide depreciation reserves to date for applicable Funds. In. arriving at our opinion of Total Useful Life, consideration will be given to: a. The type, character and reasonable life expec- tancy under past and projected operating conditions relative to the designed use; b. Functional obsolescence and developing technology; c. Economic obsolescence resulting from changing economic conditions in relationship to use; d.. The City's history, policies or plans regarding capitalization of maintenance, major repairs of replacement. C. CODING 1. The following codes will be assigned to Machinery and Equipment when,supplied to our Project Manager at the beginning of the project: a. Site Designations b. Building Numbers c.. Departments d. Funds e.. Sources of Revenue f. Accounts 2. This data must be furnished by the City in schedule form. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 15 V. MACHINERY AND EQUIPMENT (Cont'd) 3. In addition, Marshall and Stevens will apply its Classification Codes to the following classes of .property to provide increased control and facili- tate information retrieval for special purpose reports in the future: a. Office Machines and Equipment b. Office Furniture and Fixtures c. Machinery and Equipment d. Non - Licensed Vehicles e. Licensed Road Vehicles f. Water Utilities g. Sewage Treatment Facilities 4. Utility fund assets will be classified in accordance with the Uniform System of Accounts prescribed by NARUC (National Association of Regulatory Utility Commissioners) . D. CURRENT VALUATION 1. Current Reproduction New information is required for (1) adequacy of property insurance coverage, (2) capital expenditure planning for replacement and (3) maintenance decisions. 2. Marshall and Stevens will utilize the following valuation procedures: a. Reproduction Cost New - Each item or group of capitalized equipment and each group of expensed equipment will be valued on the basis of Repro- duction Cost New. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 16 V. MACHINERY AND EQUIPMENT (Cont'd) b. Depreciated Reproduction Cost - Physical deterioration and functional and economic obsolescence relevant for insurance purposes will be observed and deducted to arrive at Depreciated Reproduction Cost. c. Exclusions and Insurable Values - In computing Insurable Values, the value of items specifically excluded from coverage in accordance with your present insurance policy will be deducted to arrive at Insurable Reproduction Cost and Depre- ciated Insurable Value. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 17 VI. UTILITY UNDERGROUND, WATER AND SEWER City personnel, working under our direction, will list below -grade and transmission line data, and the following data will be recorded: Descriptive. Data - (City provided) Acquisition Date Description Type Size Quantity Cost Data - (Estimated by Marshall And Stevens) Acquisition Cost Useful Life Replacement Year Reproduction Cost Depreciated Reproduction Cost Current Year's Depreciation Depreciation Reserve Unrecovered Cost MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBI_SPO Page 18 VII. LAND A. Land parcels are to be included in the Fixed Asset Management System on the basis of data to be furnished by City personnel. Such data should include: 1. Assessor's Parcel No. 2. Lot, Block and Tract 3. Description of Use (a) Municipal Use (b) Future Municipal Use (c) Available for Sale 4. Size in Acres and /or Tenths of Acres 5. Date of Acquisition 6. Original Cost (Market Value if donated) 7. Asset Number 8. Various Accounting Codes B. Marshall and Stevens will instruct City personnel in proper entry of data on input forms and will provide examples of completed forms. C. The City should provide a review of completed input forms prior to entry of data to the Fixed Asset Manage- ment System. D. If upon completion of the land data accumulation by the City it is discovered that certain parcels have no original cost data available, or were donated at an amount less than market value as of the date acquired, Marshall and Stevens can estimate an original cost. The fee for this service would be based upon the num- ber of parcels requiring valuation. MARSHALL AND STMNS INCORPORATED r-. CITY OF SAN LUIS OBISPO Page 19 VIII. LICENSED VEHICLES AND MOBILE EQUIPMENT A. Licensed vehicles and mobile equipment should be in- cluded in the Fixed Asset Management System for insurance and accounting purposes as applicable. B. Due to the mobility of these assets, they are very difficult to inventory. For this reason, we will rely on City provided listings. We will spot check these lists and we will be responsible for data entry into the Fixed Asset Management System. MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 20 IX. REPORTS Three complete sets of the original report will be fur- nished to the City, consisting of: 1. An appraisal certification specifying the date and purpose of our report. 2. A general description of the assets included, tech- niques used to gather data and prepare reports and definitions of the terminology and codes used in the reports. 3. A summary of the insurable values of included assets by building location and in total for the City showing: a. Reproduction.Cost New b. Insurable Reproduction Cost c. Depreciated Reproduction Cost d. Depreciated Insurable Value e. Exclusions 4. A computer generated report of assets by Department Within Fund which displays for each asset or group of assets: a. BUILDINGS, IMPROVEMENTS OTHER THAN BUILDINGS, MACHINERY AND EQUIPMENT: (1) City (2) Site Designation (3) Building No. (4) Department (5) Fund MAPSHAI AND STEVENS INCORPORATED Ci CITY OF SAN LUIS OBISPO Page 21 IX. REPORTS (Cont'd) (6) Source of Revenue (Provided by City) (7) Class Code (8) Asset Description - (Model No., Serial No., Manufacturer, When Available on Asset) (9) Asset No. (computer assigned) (10) Quantity (11) Acquisition Year (12) Estimated Useful Life (13) Replacement Year (14) Reproduction Cost New (15) Acquisition Cost (16) Depreciation Reserve* (17) Unrecovered Cost* (18) Current Year Depreciation* (19) Account *FOR ENTERPRISE b. LAN (1) (2) (3) (4) AND INTERNAL SERVICE FUNDS ONLY D (as provided) City Site Assessor's Parcel No. Description - Size, Lot, Block, Tract MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 22 IX. REPORTS (Cont'd) (5) Use Classification (6) Acquisition Date (7) Acquisition Cost (8) Asset Number (9) Account (10) Department (11) Fund (12) Source of Revenue 5. Accounting Summaries - Cost, Depreciation Reserve, Unrecovered Cost and Current Year Depreciation by: a. Department Within Fund b. Account. Within Fund MARSHALL AND STEVENS INCORPORATED C C CITY OF SAN LUIS OBISPO Page 23 X. FEE A. Our fee for the services described will be $16,000. The fee includes professional services rendered, pro- duction and processing and travel and living expenses. The fee would be payable by the City as statements are submitted during the course of the engagement. Approxi- mately 80% of the fee will be billed prior to delivery of reports with the balance due after delivery. B. This fee is guaranteed for a period of 30 days. Beyond this point we reserve the right to revise the fee based upon escalating costs of personnel, travel and living expenses. C. This fee includes one day of review of the completed report by Marshall and Stevens with City personnel and /or auditors. Any additional time required could be billed at our standard per diem rate plus expenses. D. Our fee for Annual Valuation service is estimated to range from $1,500 to $2,000. E. For budgetary allocations, our fee can generally be segregated as follows: Utilities $11,000 Other $ 5,000 TOTAL $16,000 7 MARSHALL AND STEVENS INCORPORATED CITY OF SAN LUIS OBISPO Page 24 XI. GENERAL A. All field notes and working papers prepared as a part of this engagement will remain on file with Marshall and Stevens for a period of five years after delivery of our reports. They will be available for reference should the City be challenged to substantiate an in- surance claim or if needed in an audit of property accounts. B. A reconciliation will not be made between the results of this project and existing financial statements of the City due to the prior lack of recording retirements and the possibility of unrecorded additions through the years. C. Accounting depreciation will be calculated on Enterprise and Internal Service Funds only. A depreciation reserve will be established to reflect past use or expired life. The unrecovered cost will be depreciated over the re- maining useful life of each asset. D. All records, costs and values will be prepared as of June 30, 1983. MARSHALL AND STEVENS INCORPORNED CITY OF SAN LUIS OBISPO Page 25 XII. ANNUAL VALUATION SERVICES AND REPORTS A. While the initial service proposed herein will provide an up -to -date property accounting record and valuation of the included assets as of a specific date, they be- come inaccurate unless the original data is kept current. B. Annual Valuation Service keeps your reports up to date on an annual basis: 1. Property Accounting Records Building and equipment changes, including additions, retirements and transfers., are reflected in the an- nually updated property accounting reports. Current depreciation changes are calculated for Enterprise and IGS Funds. 2. Insurance Records Fluctuations in Reproduction Cost New of property in existence plus the effects of additions, retire- ments and transfers are calculated to indicate the proper amount of insurance coverage required. Accurate records provide a basis for proof of loss. C. Annual Valuation Service is a cooperative.service. City personnel will provide us with the details of additions, retirements and transfers on forms which we will supply, along with an Instruction Manual. Marshall and Stevens will process this data to provide updated annual reports similar to the initial reports. D. Specifications for Annual Valuation Service are attached. MARSHALL AND SIEVENS iNCORPORATED ADDENDUM A PROPERTY LISTING At the following facilities we will provide verification, inven- tory and appraisals of the Buildings, Improvements Other Than Buildings and Equipment: At the following and appraisal of Buildings: Water Yard Superintendent's House Water Filtration Plant 5 Booster Pump Stations Whale Rock Reservoir Pumping Stations 1 & 2 Sewage Treatment Plant 9 Sewer Lift Stations #2 (excluding current expansion) sites we will provide a verification, inventory the Construction and Improvements Other Than Jack Residence Jack Residence Multi - Purpose Building Fire Station #4 Police Station Golf Course Sinsheimer Park Mitchell Park Meadow Park Johnson Play Lot Police Department Communications Center Pedestrian Walkway at Phoenix Building Mission Plaza Harbor At the following sites we will assume no changes from our June 30, 1976 report. We will carry forward all original cost data and will trend to a current Replacement Cost. City Hall City Library Recreational Building Museum Fire Station #1 Fire Station #2 Fire Station #3 kAAMi'ALL AND SEVENS INCORPOI ?AND PROPERTY LISTING (Cont'd) Street Yard Mitchell Park Senior Citizens Center Santa Rosa Park Laguna Lake Mission Plaza Restroom Service Building Radio Tower (Fire) Recreational Building Garage Premier Music Building Rifle- Range V T,SHAU AND STEVENS INCOPPOR,NC-D SPECIFICATIONS FOR MARSHALL AND STEVENS PROPERTY RECORD SERVICES I. MARSHALL AND STEVENS INCORPORATED agrees to furnish the following services to: A. ANNUAL SERVICE: At annual intervals, as of the close of your fiscal year, ADDITIONS REPORT TRANSFER REPORT DELETION REPORT DEPARTMENT WITHIN FUND SUMMARY COST DEPRECIATION RESERVE UNRECOVERED COST CURRENT YEAR DEPRECIATION ACCOUNT WITHIN FUND SUMMARY COST DEPRECIATION RESERVE UNRECOVERED COST CURRENT YEAR DEPRECIATION DETAILED PROPERTY LEDGER INSURANCE SUMMARY The reports will be processed, based upon: 1. The initial property record report of the assets prepared by Marshall and Stevens. 2. Subsequent data regarding additions, retirements, transfers or other changes to the property, sub- mitted by you. Reporting forms and instructions will be provided by Marshall and Stevens. (Changes and /or additions in excess of 100 of the total cost of the property in any one year must be verified by Marshall and Stevens personnel. Time requirements for field verifications will be billable at standard per diem rates plus expenses in addition to the basic retainer fee). kAlV ?51 -1A1 L \ND Si1V1:NS INCORPORA ?[D Q�] SPECIFICATIONS FOR MARSHALL AND STEVENS PROPERTY RECORD SERVICES (Continued) 3. Analysis and application of price adjustment and depreciation factors for insurance purposes. B. CASUALTY LOSS SERVICE: In the event of a casualty loss, assistance will be rendered to establish a basis for a "Proof of Loss" claim including: 1. Consultation regarding any report that may be required. 2. Preparation of a report covering the "loss area" pro- viding insurable values as of the loss date; and /or if required, furnish a revised summary of all property covered by this service agreement. 3. Reasonable consultation with adjustors in valuation matters. If prolonged consultation with adjustors or court testimony is required, a fee will be charged based upon our standard per diem, plus expenses. II. RETAINER FEE: The retainer fee payable annually to Marshall and Stevens will be $ The retainer fee will be pay- .able one year in advance of the report date and it will cover all standard services and report processing described herein. III. ADJUSTMENT: This agreement may be discounted or service and fee adjustments made at annual intervals upon written notice to either party. �A?SI IAi AND 51EVEN$ I!VCORP,JG?A5:D