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.
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PAMELA GrS
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R 5099
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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
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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
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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
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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
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Pa ela Voges, City erk
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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
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APPROVED:
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CITY ATTORNEY
AIM.SA
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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
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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
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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
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Resolution No.
APPROVED:
A "I
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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
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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)
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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
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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
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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
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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
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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
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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
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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
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•
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
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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
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E-CWn+D Qeo T•
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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
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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
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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
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P4,;a74 357m, o•ue
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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
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4
DANA STREET
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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
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L6gwr ,a
Et--%__k
Allan G. Tilton
Engineering Assistant
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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
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TRAFFIC ORDER FORM1 W.O. 02
r,
p 3 ,
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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
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Al awn G.�Til on
Engineering Assistant ;
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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
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City Engineer
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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:
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.,Ot fC.• �'M1Y KY4�...0 �� M' . ,ilt
3 xaCtlyN +`rY
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r t of _ •i
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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
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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
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Engineering Assistant
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7/82
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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
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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
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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
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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
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NEtca
✓ /VlaEorGyy�
S�a ces
050s vz`
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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
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R-Z6 Cs�
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Sar�� 2oiu %,
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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
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r
�✓ °-rye.
New /(Ocir�,%� %�7�.( /a // � ✓R.
2C°(-S:)
CONCUR:
Wayne A. Peterson
City Engineer
1,
11
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I!
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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
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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
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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
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7/82
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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
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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
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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
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j INSTALL 26
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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 - -�
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z
'RED
-
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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
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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
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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
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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
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ENG. ASST. TRAFFIC
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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:
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Wayne A. Peterson
City Engineer
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Engineering Assistant,''iaffic
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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
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G. TILTON
ENG. ASST. T4FFIC,
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TRAFFIC WORK ORDER
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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
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ENG. ASST. TRAFF C
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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
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ENG. ASST. TRAFFIC
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MEM ORANDUM �, Of SAn 11 S OBISPO
MEMORANDUM PUBLIC SERVICES DEPARTMENT
MEMORANDUM P.O. Box 321 . San Luis Obispo, CA 93406. 805/541 -1000
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���� ►�►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)
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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
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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
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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
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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