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HomeMy WebLinkAbout6100-61241 i RESOLUTION NO. 6124 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN APPLICATION TO THE NATIONAL ENDOWMENT FOR THE ARTS FOR AN URBAN DESIGN GRANT WHEREAS, the National Endowment for the Arts has established a design arts program to assist local agencies, organizations, and individuals in promoting excellence in urban design; and WHEREAS, the national theme for the 1987 grant program is "Design of Cities ", focusing on the creative fusion of the visual arts and urban planning; and WHEREAS, the City of San Luis Obispo has developed a workprogram for an urban design element of the General Plan; and WHEREAS, it is the council's intent that the urban design element shall foster broad -based community support for participation in the visual arts in San Luis Obispo; and WHEREAS, the City of San Luis Obispo supports the mission and purposes of the National Endowment for the Arts and agrees to participate, in the design arts program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City of San Luis Obispo applies for matching. grant funding to participate in the 1987 Design Arts Program with the specific goal of preparing an urban design element to integrate the visual arts with community planning efforts. SECTION 2. That the Community Development Director be authorized to submit the application and serve as program coordinator. On motion of Councilman Settle '.seconded by Councilwoman Ranna and on the following roll call vote: R 6124 r Resolution No. 6124 (1986 Series) Page 2 AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing resolution Was passed and adopted this 2nd day of December 1986. Mayor Ron Dunin ATTE Cit Clerk Pamela oges APPROVED: City Administrative Officer City Atto ney Community Development Director '_2 Finance D ector Public Works Director c��. r RESOLUTION NO. 6123 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND JEFFREY H. AND INSONG K. EDWARDS FOR PURCHASE OF SURPLUS CITY PROPERTY AT 2606 EL CERRITO DRIVE 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 Jeffrey H. Edwards and Insong K. Edwards 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: Jeffrey H. Edwards and Insong K. Edwards, and to the City Engineer. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing REsolution was passed and adopted this 2nd day of December , 1986. ATTEST: CITY CLERK PAMELA V0 6S MAYOR RON DUNIN N M M M N M ii if R 6123 l Resolution No. 6123 (1986 Series) Page 2. APPROVED: City Administrative Officer City Atto ey r v City Engineer inance Director jk3 /excess by ' (�7 NOV LAmBiT "A" AGREEMENT Executed this _2nd day of December 1986, by and between Jeffrey H. Edwards and Insong K. Edwards, hereinafter called "Edwards" and the City of San Luis Obispo, a Municipal Corporation, hereinafter called "City" WITNESSETH: 1. City shall convey to Edwards that certain property located at 2606 E1 Cerrito Drive indicated on the attached Exhibit A, being parcels 5 and 6 of Minor Subdivision SL 67 -79 as recorded in Book 2 of Parcel Maps at page 69 in the Office of the San Luis Obispo County Recorder. 2. Edwards shall pay the sum of five thousand dollars ($5,000.00) to City. This sale is contingent upon the acquisition by Edwards of adjacent lots 13 and 14 of the Goldtree Vineyard Tract. A map shall be recorded to combine these parcels with said adjacent lots 13 and 14 in accordance with the City Subdivision Regulations. ATTEST: CITY CE RK PAMELA VOCE CITY OF SAN LUIS OBISPO MAYOR RONRON DUNIN APPROVAL: . gis� City Attorney /,� . Community Development Director City Engineer 5L/7z 4z.: , A - F nance Director jk3 /agreement by LU c% Q LL SYDNEY MA 2470 W. Fr. ,v CTRUT I \ I l I� Q4"A " cI-Cy o f San tins OBI spo 1100 Palm Street /Poet Office Box 321, San Luis Oblepo, CA 83408 OATAPNINT NUMI PARCEL 5 W a a w U w IPARCEL 6 0 J ig s L4 1 LL, 10 tti 10 L EXHIMT Q SALE OF NT( FRVFEM 2606 EL CPRRI D VRIVE TO UWARN Av RESOLUTION NO. 6122 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING TWO CITY PARCELS AT 2606 EL CERRITO DRIVE AS SURPLUS PROPERTY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. Those certain properties described as parcels 5 and 6 of Minor Subdivision SL 67 -79 as recorded in Book 2 of Parcel Maps at page 69 in the office of the San Luis Obispo County Recorder and as shown on the attached Exhibit A, and incorporated herein by reference, are hereby declared excess city property. SECTION 2. Disposal of the above described properties shall be in accordance with procedures established by the City Council pursuant to Resolution No. 5962 (1986 Series). On motion of Councilman Settle seconded by Councilwoman Rapper and on the following roll call vote:. AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing REsolution was passed and adopted this 2nd day of December , 1986. ATTEST: CITY LERK PAMELA V0 4S rMXY6ft"-*R0 DUNI -- R 6122 Resolution No. 6122 (1986 Series) Page 2. APPROVED: City A orney City Engineer AIIez� Community Development Director jk3 /excess by City Administrative Officer City A orney City Engineer AIIez� Community Development Director jk3 /excess by M. MNEY QTREET 1101,11 X11 IN City/ O f SALE OF AT( FROFERTY San WIS OBISp0 2606 EL. CERRM DRIVE 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408 TO_ EDWAR M IATAM,NT Nlyyl i I 1 / 1 F- LU PARCEL'' 1 tt C jI A LU J - - - - -- p U- �\,- — — — -- — '1 0 I LU - - - - - -- i I PARCEL LU 6 - 2410 W. FT. E ( O06T Q 1101,11 X11 IN City/ O f SALE OF AT( FROFERTY San WIS OBISp0 2606 EL. CERRM DRIVE 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408 TO_ EDWAR M IATAM,NT Nlyyl �� � � �� d-pG,�.� G(1G�� RESOLUTION NO. 6121 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A MANAGERIAL COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT WHEREAS, the City Council is desirous of establishing a comprehensive Management Development and Compensation policy; and WHEREAS, the Council is committed to a compensation policy that strengthens the recruitment and retention of well - qualified and effective managerial staff; and WHEREAS, the Council is desirous of maintaining a management compensation plan which is consistent with other City compensation plans; and WHEREAS, the Council is committed to a compensation plan which reflects the differences between duties, responsibilities and job requirements; and WHEREAS, Council determines that merit and performance shall be the basis for managerial compensation; and WHEREAS, Council recognizes that under Section 701 of the City Charter the selection, development, evaluation and level of compen- sation of certain individual departmental managers and immediate management staff is the responsibility of the City Administrative Officer. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: R 6121 r^� 1 i i 1 Resolution No. 6121 (1986 Series) Page 2 Section 1. A managerial salary plan is an important component of a comprehensive compensation policy. In order to remain competitive with the professional marketplace and promote merit and performance as the criteria for individual salary determinations, the following open -range Management Salary Schedule (Table "A") for fiscal years 1986 -87 and 1987 -88 are authorized. Subsequent changes in any group salary range shall be authorized by Council resolution. TABLE "A" MANAGEMENT SALARY SCHEDULE - FISCAL YEAR 1986 -1988 Mgt. Group Management Position Salary Range 1986/87 1987/88 A Public Works Director 41000 -41700 41400 -51200 Community Development Dir. Assistant CAO Fire Chief Police Chief B City Engineer 31600 -4,300 31900 -41700 Utilities Manager Finance Director C Personnel Director 3,200 -3,900 31400 -41200 Recreation Director D Assistant City Attorney 2,900 -31600 3,400 -41000 E Assistant to the CAO 21200 -2,900 21400 -31200 Section 2. The City Administrative Officer is responsible for and shall be held accountable to the Council for the performance and evaluation of subordinate management staff. The City Administrative Officer shall evaluate and determine individual levels of salary for i Resolution No. 6121 Page 3 (1986 Series) positions within management groups A through E in accordance with professional compensation principles. Such determinations shall reflect merit and performance as the standard and basis for managerial compensation. Such determinations shall be within the respective monthly salary ranges specified in Section I and may include increases, no change or decreases in salary levels within the designated range. Further, the City Administrative Officer is authorized to implement salary level determinations by phases during a fiscal year. Section 3. The salary determination within the approved range for management employees in ranges A through E who report to other management employees shall be jointly determined by the supervising manager and the City Administrative Officer. The Assistant City Attorney shall be evaluated by the City Attorney. Salary determinations for the Assistant City Attorney shall be approved by the City Administrative Officer and be consistent with compensation determinations for other managerial employees. Section 4. The City Administrative Officer is authorized to grant one -time Performance Awards of $250 -$750 to employees in ranges A through E for either exceptional specific performance or sustained outstanding performance. Resolution No. 6121 Page 4 (1986 Series) Section 5. The management fringe.benefits attached hereto as Exhibit "A ".shall continue during fiscal years 1986 -88. The City shall contribute a maximum of $268.30 per month for the medical, dental, and vision coverage. The Management Life Insurance and Long -Term Disability insurance shall continue to be directly funded by the City. Managerial employees working less than full time shall have all benefits and fringes pro rata. Section 6. The City Administrative Officer shall be authorized to approve annual salary adjustments to employees in salary groups A through E for fiscal year 86/87 commencing July 1, 1986 and January 11 1987 and for fiscal year 87/88 commencing July 1, 1987 and January 11 1988 consistent with performance, market considerations and adjustments granted other employee groups, within total funding parameters authorized by City Council. Section 7. The total annual cost for salary and one time award changes for employees in Groups A through E for fiscal years 86/87 and 87/88 shall not exceed 6.5% of total compensation for all positions for the previous fiscal year. Section 8. City Council authorizes the CAO to approve one -time compensation awards to all Management Team members, effective July 11 1987, if all Management Team goals are completed or are on schedule. Such awards shall be contributions to either of the deferred compensation plans. Total funding available for such awards shall not exceed 1% of the total compensation of the Management Team. Resolution No. 6121 Page 5 On motion of Councilwoman Dovey and on the following roll call voter (1986 Series) seconded by Councilwoman Rappa I AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of November, 1986. ATTEST: City dilerk Pamela o es * * * * * * * * * * Resolution No. 6121 Page 5 City Administrative (bffic(k City III rne�r I/ L I 0. WAN, WUV= Personnel (1986 Series) MANAGEMENT FRINGE BENEFITS 1986 -88 SECTION A Medical; Dental; Eye Care I I P,7.1 : The City shall establish and maintain medical; dental, and eye care insurance plans for coverage by management employees and their dependents. Each management employee shall carry medical; eye care, and dental for self. Dependent coverage shall be at the employee's option; however, all eligible dependents must be covered and covered on all plans if dependent coverage is desired. The City reserves the right to choose the method of insuring and plans to be offered. SECTION B Unexpended Fringe Benefit The city shall pay to each management employee as soon as practicable prior to December 31 an annual lump sum payment (subject to appropriate taxation) for the difference between the benefit amounts provided Management employees and any lesser sum expended by the employee for medical; eye care, and dental coverage for the calendar year. SECTION C Life'and`Disability The city shall provide the following special insurance benefits: 1. Long -term disability insurance providing 60% of gross salary to age 65 for any sickness or accident after a 90-day waiting period. 2. $50 ;000 term life insurance including accidental death and dismemberment. 3, one -half of employee's health insurance premium paid for retired employees who elect to remain members of the city's group health plan. (Medical Plan) SECTION D Retirement The City agrees to provide the Public Employees' Retirement System's 2% at age 60 plan to all eligible employees including the amendment permitting conversion of unused sick leave to additional retirement credit; the 1959 survivor's benefit and one year final ccmpensation. The police and fire chiefs shall receive the same retirement benefits as sworn personnel in their department. Effective 7 -1-81 the city agrees to pay the employee's contribution to P.E'R'S. These amounts paid by the city are employee contributions and are paid by the city to satisfy the employee's obligation to contribute the current percentage of salary to P.E.R.S. An employee has no option tc receive the contributed amounts directly instead of having them paid by the city to P.E.R.S. on behalf of the employee. It is further understood and agreed that the payment of the employee's P.E.R.S. contribution is made subject to I.R.S. approval and reporting procedures. J SECTION E Vacation Vacation leave is governed by Section 2.36.440 of the Municipal Code exoept that it may be taken after the conpletion of the sixth calendar month of service since the benefit date. Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual accrual rate. However; if the City Administrator determines that a management employee has been unable to take vacation due to the press of city business, the City Administrator may increase the accrual limits or once annually authorize payment for one -half of the excess accu m lation up to.a maximum of five ( 5 ) days. SECTION F Administrative Leave Management employees shall accrue eight (8) days (64 hours) of executive leave per calendar year. Management leave shall accrue at the rate of 5.333 hours per month. Commencing January 1; 1987 management employees shall have the option of taking such leave as additional paid leave or receiving cash for up to 64 hours at year endcupon the approval of the CPO. SECTION G Holidays year. Management personnel shall receive 10 fixed + 2 floating holidays per SECTION H Sick Leave Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee may take up to two (2) days per year of sick leave if required to be away from the job to personally care for a member of his /her immediate family as defined in Section 2.36.420. This may be extended to five (5) days per Year if the family member is part of the employee's household; and to seven (7) days if a household family member is hospitalized and the eirployee submits written verification of such hospitalization. Upon termination of employment by death or retirement; a percerrtage of the dollar value of the employee's accumulated sick leave will be paid to the employee; or the designated beneficiary or beneficiaries according to the following schedule: (A) Death - 25% (B) Retirement and actual ecmmencement of PERS benefits: (1) After ten (10) years of continuous employment - 10% (2) After twenty (20) years of continuous employment - 15% SECTION'I Workers' Ccxnpensation Leave An employee who is absent from duty because of on- the -job injury in accordance with the state workers' compensation law and is not eligible for disability payments under labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first ninety (90) business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. -2" SBCTION J Vehicle Assignment For those management personnel who require the use of an automobile on a regular 24 -hour basis to perform their normal duties, the city will, at city option, provide a city vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for city business will be eligible for mileage reimbursement in accordance with standard city policy. -3- ���` If RESOLUTION NO. 6120 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING AN APPOINTED OFFICIALS COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT WHEREAS, the City Council is desirous of establishing a comprehensive Appointed Officials Development and Compensation policy; and WHEREAS, the Council is committed to a compensation policy that strengthens the recruitment and.retention of well - qualified and effective appointed officials; and WHEREAS, the Council is desirous of maintaining an appointed officials compensation plan which is consistent with other City compensation plans; and WHEREAS, the Council is committed to a compensation plan which reflects the differences between duties, responsibilities and job requirements; and WHEREAS, Council determines that merit and performance shall be the basis for Appointed Officials compensation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. An Appointed Officials salary plan is an important component of a comprehensive compensation policy. In order to remain competitive with the professional marketplace and promote merit and performance as the criteria for individual salary determinations, the following open - range Appointed Officials Salary Schedule (Table °A") for fiscal years 1986 -87 and 1987 -88 are authorized. Subsequent R 6120 Resolution No. 6120 Page 2 (1986 Series) changes in any group salary range shall be authorized by Council resolution. TABLE "A" APPOINTED OFFICIALS SALARY SCHEDULE - FISCAL YEAR 1986 -1988 Group Appointed Official Positions Salary Ranae 1986/87 1987/88 I City Administrative Officer 41900 -5,600 5,400 -61200 II City Attorney 41400 -51100 4,800 - 5,600 III City Clerk 21700 -31400 3,000 -31800 Section 2. For individuals in Appointed Officials Groups I through III, the City Council shall determine compensation, including salary within the designated ranges, after evaluating performance, the management profession, and funding constraints. Section 3. The City Council shall adopt individual employment agreements for appointed officials in Groups I through III. Section 4. The City Council is authorized to grant one -time Performance Awards of $250 -$750 to employees in groups I through III for either exceptional specific performance or sustained outstanding performance. Section 5. The management fringe benefits attached hereto as Exhibit "A" shall continue during fiscal years 1986 -88. The City shall contribute a maximum of $268.30 per month for the medical, dental, and vision coverage. The Management Life Insurance and Long -Term Disability insurance shall continue to be directly funded by the City. �1 Resolution No. 6120 (1986 Series) Page 3 Section 6. The City Council shall be authorized to approve annual salary adjustments to employees in groups I through III for fiscal year 86/87 commencing July 1, 1986 and January 1, 1987 and for fiscal-year 87/88 commencing July 1, 1987 and January 1, 1988 consistent with performance, market considerations and adjustments granted other employee groups, within total funding parameters authorized by City Council. On motion of Councilwoman Dovey seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of November, 1986. ATTES City►Clerk Pame rml YOR RON DUNIN 0 Resolution No. 6120 Page 4 APPROM: City Administrative fic-de City 424E:!- ey Personnel Director 0 (1986 Series) MANAGEMENP FRINGE BENEFITS 1986 -88 SWTION'A Medical -Dental*, -Eye "Care The City shall establish and maintain medical; dental and eye care insurance plans for coverage by management employees and their dependents. Each management employee shall carry medical, eye care, and dental for self. Dependent coverage shall be at the employee's option, however; all eligible dependents ril must be covered a covered on all plans ';dent coverage is desired. The City reserves the right to choose if de; the method of insuring and plans to be offered. SELTION`B Unexpended-Fringe-Benefit The city shall pay to each management employee as soon as practicable prior to Deeenber 31; an annual lump sure payment ( subject to appropriate taxation) for the difference between the benefit amounts Provided Management employees and any lesser sum expended by the emp oy de for medical; eye care; and dental coverage for the calendar year. SECTION C Life-and -Disability The city shall provide the following special insurance benefits: 1. Long -term disability insurance providing 60% of gross salary to age 65 for any sickness or accident after a 90 -clay waiting period. 2. $50;000 term life insurance including accidental death and disrr &rment. 3. one-half of employee's health insurance premium paid for retired employees who elect to remain members of the city's group health plan. (Medical Plan) SECTION -D Retirement The City agrees to provide the Public Employees' Retirement System's 2% at age 60 plan to all eligible employees including the amendment permitting conversion of unused sick leave to additional retirement credit; the 1959 survivor's benefit and one year final compensation. The police and fire chiefs shall receive the same retirement benefits as sworn personnel in their department. Effective 7 -1-81 the city agrees to pay the employee's contribution to P.E.R.S. These amounts paid by the city are employee contributions and are paid by the city to satisfy the employee's obligation to c the current percentage of salary to P.E.R.S. An employee has no option to receive the contributed amounts directly instead of having them paid by the city to P.E.R.S. on behalf of the.employee._ It.is further understood and agreed that the of the employee's P.E.R.S. contribution is made subject to I.R.S. approval and reporting procedures. • • SMTION -E Vacation Vacation leave is governed by Section 2.36 ._440 of the Municipal Code except that it may be taken after the completion of the sixth calendar month of service since the benefit date. Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual accrual rate. However; if the City Administrator determines that a management employee has been unable to take vacation due to the press of city business; the City Administrator may increase the accrual limits or once annually authorize payment for one-half of the excess accumulation up to a maximun of five (5) days. SECTION-F Administrative-Leave Management employees shall accrue eight (8) days (64 hours) of executive leave per calendar year. Management leave shall accrue at the rate of 5.333 tours per month. Commencing January 1, 1987 management, employees shall have the option of taking such leave as additional paid leave or receiving cash for up to 64 hours at year end upon the approval of the M. SECPION`G Holidays Management personnel shall receive 10 fixed + 2 floating holidays per year. SWTION -H Sick -Leave Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee may take up to two (2) days per year of sick leave if required to be away from the job to personally care for a member of his /her immediate family as defined in Section 2.36.420. This may be extended to five (5) days Per year if the family member is part of the employee's household; and to seven (7) days if a household family member is hospitalized ands the employee submits written verification of such hospitalization. Upon termination of employment by death or retirement; a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee; or the designated beneficiary or beneficiaries according to the following schedule: (A) Death - 25% (B) Retirement and actual commencement of PERS benefits: (1) After ten (10) years of continuous employment - 10% (2) After twenty (20) years of continuous employment - 15% SECTION" I Workers' -Ccmpensation -Leave An emmployee who is absent from duty because of on- the -job injury in accordance with the state workers' compensation law and is not eligible for disability payments under labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by workers' ccgDensation law during the first ninety (90) business days of such tenporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. -2• L� L1 SECTION J Vehicle-Assignment For those management personnel who require the use of an automobile on a regular 24--:hour basis to perform their normal duties; the city will, at city option; provide a city vehicle or an appropriate allowance for the enployee's use of a personal auto mbile. The use of a personal autoimbile for city business will be eligible for mileage reinbursement in accordance with standard city policy. -3- el r D � ��fL RESOLUTION NO. 6119 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CHANGING THE LAND USE ELEMENT MAP FROM COMMERCIAL TO RESIDENTIAL AT 3279 BROAD STREET (GP /R 1271) WHEREAS, the Planning Commission and the City Council have held public hearings on this amendment in accordance with the California Government Code; and WHEREAS, this amendment comes to the council upon the recommendation of the Planning Commission; and WHEREAS, the potential environmental impacts of the change have been evaluated in accordance with the California Environmental Quality Act and the city Environmental Guidelines. NOW, THEREFORE, the council resolves as follows: SECTION 1. Environmental Determination. The council affirms the Community Development Director's approval of a negative declaration based on initial study ER36 -86. SECTION 2. Findings. 1. The change will not have a significant effect on the environment. 2. The change is consistent with other elements of the general plan. SECTION 3. Adootion. 1. The Land Use Element map is hereby amended as shown on the attached exhibit A. 2. The Community Development Director shall cause the change to be reflected in documents which are on display in City Hall and which are made available to the public. On motion of . Mayor Dunin , seconded by .Councilman Griffin} and on the following roll call vote: AYES: Mayor Dunin, Councilmembers Griffin and Dovey NOES: Councilmembers Rappa and Settle ABSENT: None R 6119 Resolution No. 6119 (1986 Series) Page 2 n the foregoing resolution was passed and adopted this 18th day of. N.ovem.b. e.r , 1986. ........... 4voron Dunin ATTEST: Cit Clerk Pamela V es APPROVED: ................. Cit Administrative O ff icer ........... ........ .. ................ City Att ney A ............ ............................... Community Development Director •i�1'• \ "0 - e�-7 - // o RESOLUTION N0.6118 (1986 Series), A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO APPROVE AN AMENDMENT TO THE APPROVED DEVELOPMENT PLAN FOR FOOTHILL /LA MANCHA PROPERTIES (PD 1204) AT 120 FOOTHILL BOULEVARD WHEREAS, on October 8, 1986, the Planning Commission after a duly noticed public hearing did approve the requested amendment to add .69 acres to the planned development and reconfigure lots to increase the number of lots from 49 to 51 as shown on Attachment "B "; and WHEREAS, on September 17, 1986, Barbara Lawson, etal. did appeal the Planning Commission's action to the City Council, requesting postponement of the planned development amendment until utility concerns of ,neighbors_are resolved; and WHEREAS, on November 18, 1986, after a duly noticed public hearing, the City Council did find the following facts and reasons for justifying denial of the appeal and upholding the Planning Commission's action: 1. The utility improvements shown on, Exhibit "A" have been installed to upgrade electrical service to the Highland Drive neighborhood. 2. The proposed PD amendment, as shown in Exhibit "B ", does not pose impacts which would justify requiring the developer to underground the off -site utilities in question, or the establishment of an underground utilities district. 3. The Planning Commission's action and findings were appropriate based on the staff analysis, public testimony, and the commission's deliberations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Based on the aforementioned findings,. the City Council does deny the appeal and upholds the Planning Commission's. action to approve the requested amendment to PD 1204, subject to the findings as approved. R 6118 o � Resolution No. 6118 (1986 Series) PD 1204 Page 2 On motion of Councilwoman Rappa seconded by _Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Rappa, Dovey, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of November 1986. ayor Ron Dunin AT Cit Clerk Pamela 17.16es APPROVED: �9 City Administrative dfficcr City Attor t y Community Development Director z tEMH 0 Y OWN o w oz! P OZ iE 'o co Iwo 0 .0 am D- 0 o 1 4 Z2 A Z a uj ob-4.4.4 0- OT LL En 0: tul • 1V G n ��� „�li[�G_2 -�^- ���� ..cam �ri��.� . % G'�.� - --t- =-.� RESOLUTION NO. 6117 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT, CHAPTER 27, STREETS AND HIGHPaY CODE ET SEQ. WHEREAS, pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth. hereafter; and WEWM, the hereinafter listed construction Costs shall be paid within thirty -one (31) days after the date hereof and any such costs unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the City tames, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are sham on Exhibit "A" ; and WHEREAS, at the request of the property owners and in accordance with Chapter 12.12 of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in three (3) armual installments, including interest at the rate of ten (10%) percent per annim an the unpaid balance; said interest to run fraan the first day of the month following passage of this Resolution to the time payment is made in full of the principal amount, provided that failure to pay any installment and interest when due shall make the regaining principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property oFners, addresses and canstruction costs are shown on Exhibit "B ". R 6117 Resolution No.6117 (1985 Series) Page 2 an Motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AyES: Councilmembers Settle, Griffin, Dovey; Rappa and Mayor Dunin NOW: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of November 1986. Mee :r. r L Public Works Director Y � EXHIBIT A OWNER LOCATION AMOUNT O.R. eurry Duncan L. Osborne J.M. Green -Resemarie M. Green 1421 Areher 457 -61 Islay 639 Church 25.99 50.00 56.25 P. Nalle1le#, Eta -668 Ealety 1881 Bread 67.5e Terry 5 Staahepe 884 93.ee P9.M. Berlandelli !slay , 7- _: & R G- --iela 1899 Bread 1627 112.5e Virginia Polin M Reling, Eta1 Broad 641 Islay 691 123.76 168.75 -E. ?4. K. Dutra Ghtxreh 371 A & B $reheat v-ee B, & C martin- 667 isla- i8e.99 M. Howell & P. Scott F.E. AFfastreng 434 Islay 676 !slay 255.37 John & Betty Capps C.O. Rhodes c/o Kathryn Lipi tsky 1519 Broad SSG 19aay b-ee 400.31 Arlene J. Bickler William Smullen 670 Islay 654 Islay - 6v9rrr 895.05 900.00 EXHIBIT A EXHIBIT B OWNER LOCATION AMOUNT Edward H. & Marita K. Marcom 1919 Broad $ 3,278.19 H.H. & E.A. Northington 572 Islay 1,585.53 T.W. & M..L.M. Tarwater 690 Islay (& Broad St. side) 2,720.67 George J. & Rena O'Hara 1505 Broad (& Buchon side) 1,140.38 Mary A.G. Davis 677 Buchon (& 1511 -13 Broad) 1,345.69 2.9q6.29 J. Pg. Napafflu 6-88 bet# (Nipeme side) EXHIBIT B -�� Q O G�.?' � I RESOLUTION N0. 6116 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO SIGN A CONTRACT FOR PROFESSIONAL SERVICES AND SUPPLIES WITH ZENGER- MILLER F1OR THE PURCHASE OF A FORMAL TRAINING PROGRAM. WHEREAS, the City Council and Management Team are desirous of implementing a City -wide training program to enhance the delivery of municipal services; and kMREAS, the Training Subcmmttee has recamnended the "Working" Program by Zenger - Miller as best meeting our specific needs; and M REAS, the monies to purchase the training program have been budgeted in the training budget; NOW, THEREFORE, BE IT RESOLVED that City Council authorizes the City Administrative Officer to negotiate and execute a contract with Zenger - Miller to purchase the program rights, participant packages, and provide a three day trainer class consistent with proposed budgetary parameters. On motion of Councilman Settle and on the following roll call vote: seconded by Gouncilman Griffin, AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted thisl8thday of November , 1986. R 6116 Resolution No. 6116 AT=: Of (1986 Series) City Administrative Cffffl� Personnel Director ��- �� G ��.�,,�,,�L,. ��C,�Z,:r,v: -�.� C�v RESOLUTION NO. 6115 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE PEOPLE'S KITCHEN TO PROVIDE ONE THOUSAND TWO HUNDRED FIFTY ($1250.00) FOR SERVICES PROVIDED BETWEEN JULY 1, 1986 AND JUNE 30. 1987. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: , SECTION 1. That certain agreement, attached hereto and marked exhibit "A" and incorporated herein by reference. between the City of San Luis Obispo and The People's Kitchen. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: People's Kitchen, Human Relations Commission and City's Finance Director. On a motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day ofNovember 1986. r Ron Dun tTE V oges. Ci lerk R 6115 Resolution No. 'bi 15 (1986 Series) A,P;7 City Administrative VOfficery An City' Att 7 ey Finance Di t to the City Administrative Officer I AGREEMENT THIS AGREEMENT, dated July 1. 1986: for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO. a chartered municipal corporation (referred to herein as "City ") and THE PEOPLE'S KITCHEN. INC. a non - profit corporation (referred to herein as "People's Kitchen "). WITNESSETH: WHEREAS. People's Kitchen has requested City to contribute to a program to provide needed equipment (tables and chairs) for service of one hot meal per day in the City of San Luis Obispo, said program as more fully described in Exhibit "B" attached hereto:and WHEREAS, said services will be available to residents of the City. thereby serving both a public and municipal purpose: NOW. THEREFORE. City and People's Kitchen, for and in consideration of the mutual benefits, promises, and agreements set forth herein. do agree as follows: 1. People's Kitchen agrees to make its services as described in Exhibit "B" and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the period July 1. 1986 through June 30. 1987. 2. People's Kitchen will provide the City with periodic summary reports and a final report. describing the type and quantity of services and listing funds received by People's Kitchen from other sources. Said reports shall be in the form of .Exhibit "C ". attached hereto and incorporated herein. or in such form as shall be approved by the Human Relations Commission or its staff. 3. People's Kitchen and all of its agents, representatives, or participants in any manner in the performance of People's Kitchen's obligations and duties hereunder shall be employees. independent contractors, or volunteers for People's Kitchen and shall not for any purposes be considered employees or agents of the City. 4. People's Kitchen agrees to hold City harmless. and to defend City against, from and in any claim. action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act of omission. negligent, or otherwise. of People's Kitchen. AGREEMENT PEOPLE'S KITCHEN FISCAL YEAR 86 -87 PAGE 2 5. City agrees to pay People's Kitchen a one -time only grant, up to the sum of One Thousand Two Hundred Fifty Dollars.(S1,250.Ool. payable as reimbursement upon receipts being provided. 6. The.City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to People's Kitchen. Said termination shall be effective 30 days after City mails notice of termination of the agreement to People's Kitchen.. Any funds not paid pursuant to paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: THE PEOPLE'S KITCHEN: City Clerk People's Kitchen PO Box 8100 C/O Betty Nielson San Luis Obispo, Ca. 200 Ranchito Lane 94303 -8100 93401 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized: PEOPLE'S KITCHEN: CITY OF SAN LUIS OBISPO: on Dunin ATTEST: Ci Clerk Pamela es O EXHIBIT B IV. METHODOLOGY Serving utensils, food containers, tables people will be purchased from a restaurant supply business was selected as the provider for several would be of durable quality and mainly functional bowls would make it possible to prepare and serve at one time. These items would be purchased upon stored until we move to our new serving location. and chairs to accommodate 50 business. A restaurant supply reasons. The tables and chairs The utensils and serving for a large number of people receipt of the grant money and o EXHIBIT C PEOPLE'S KITCHEN ($1250.00) FY 86 -87 Full amount to be paid upon documentation of expense (invoice). Quarterly reports due January 31, March 31, and final report due July 31, according to Periodic Report format. L) N EXHIBIT C CIty Of SATI WIS OBISPO ��I�II�II�I�IIIIIIIIIIIIII�II I A �IIII�II /III II (II IIIIII HUMAN RELATIONS COMMISSION • 979 PALM STREET Post Office Box.321 • San Luis Obispo, CA 93406.0321 r 805/544 -3050 AGENCY PERIODIC REPORT FORMAT: SPECIFIC GUIDELINES Periodic reports shall be due as specified on an aqency -by= agency basis. Reports shall include the information outlined below- for the preceeding period. INCLUDE IN THE. PERIODIC REPORT: 1. ADMINISTRATORS'S REPORT: Brief synopsis of previous period's events, including changes., highlights, and activities. 2. FINANCIAL-REPORT(S): agency's overall financial report as prepared monthly, including all program income and expenditure. 3. REPORT OF EXPENDITURE OF CITY FUNDS: according to form provided by HRC. 4. STATISTICAL, SURVEY: number of clients served, city of origin, nature of .services provided; any other statistics regularly kept by agency. 5. BOARD OF DIRECTORS: minutes for previous month(s), notification of meeting dates. 6. FINAL REPORT: Due one month after the close of the fiscal year. Should be a brief cummulative report including all of the above components except for duplicated Board minutes, with overall narrative as to the progress of the funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in the grant proposal. EXHIBIT C GUIDELINES FOR REPORTING City of San Luis Obispo Grants -in -Aid Funds PHILOSOPHIC ASSUMPTION: Aim to help people to help themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will -be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of 'funds shall be contingent on the reciept of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports;shall be the responsibility of each funded agency, and shall be due.by July 30, 1984. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4: Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. S. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor.mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taxpayers of the City. Your cooperation is very much appreciated. As always, the HRC and staff are available for help and consultation whenever the need arises. *See Agency Periodic Report - Specific Guidelines RESOLUTION NO. 6114 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 1235 (SUMMERHILL ASSOCIATES, SUBDIVIDER) WHEREAS, the Council made certain findings concerning Tract 1235 as contained in Resolution No. 5968 (1986 Series) and Resolution No. 6061 (1986 Series), and WHEREAS, Irrevocable Letters of Credit in the amounts of $1,100,000.00 to guarantee faithful performance, and $550,000 to guarantee payment for Labor and Materials in accordance with the subdivision agreement are on file, and WHEREAS, all other conditions of Resolution No. 5968 (1986 Series) have been met and the final map is in substantial conformance with the approved tentative map, NOW THEREFORE BE IT RESOLVED, this Council hereby grants approval of the final map of Tract 1235 and authorizes the Mayor to execute the subdivision agreement. On motion of Councilman Settle_ _ I seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and 'Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th day of October ' 1986. RON DUNIN 7 R 6114 Resolution No. 6114 (1986 Series) Page Two. APPROV City Administra 've 0 ice City ErIgineer jk3 /t1235fin by i `i T� -✓C.C- r j ��rr`:, �c. C� r %� /�� �/ G STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 28th day of October., 1986 by and between SUMMERHILL ASSOCIATES, LIMITED herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RF.CTTAT,S REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 1235, City of San Luis Obispo, California, as.approved by the City Council, on the 28th day of October- 19 86.. The Subdivider desires that said Tract 1235 - (Unit-1) be accepted and approved as a final.map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore.. .TERMS AND CONDITIONS In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said.subdivision regulations, and.in accordance with approved.plans and specifications on.file in the office of the City Engineer, City of San Luis Obispo, to wit: 1 CURBS, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING G 0 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action; the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the prov.sions of Section 2819 of the Civil Code of the State of California. 2 No building permits Will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council and has posted the necessary fees: 1. The following fees (underlined) shall be deducted from park =in -lieu fees previously deposited for Tract Nos. 929, 1105 and 1.229 and transferred to the respective accounts. Upon recordation of this final.map the remainder of said park -in -lieu fees shall'be refunded to the subdivider in accordance with the respective subdivision agreements. (a) A monumentation guarantee of $4800.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer /Surveyor indicating he has completed the Work and has been paid. (b) Water acreage fees of $18,745.20 (16.16 AC x $1160 /AC). (c) Rockview -Tank Farm sewer lift station fees of $6,377.44. (d) The Subdivider shall post .a $2,000 deposit to guarantee the installation of street furniture for transit systems (Condition 18 of Resolution No. 5968, 1986 Series). To be released to developer upon installation of same. (e) Construction inspection deposit in the amount of $33,000 (see page 5). 2. The Subdivider shall be responsible for landscaping the :park, detention basins and Poinsettia Creek crossing, according to the conditions of the approval, plans and Edna -Islay Specific Plan and shall be responsible for maintenance for one year after acceptance of work as complete, or until taken over by the Homeowner's Association in the case of the detention basin and Poinsettia Creek crossing. 3., The Subdivider shall receive full credit for dedication of a park, per Condition 7 of Resolution No. 5968 (1986 Series). 4. The Subdivider shall post a cash bond in the amount of $40,400.00 for a share of a future 12" Bullock Lane waterline to be installed per Condition 30 of Resolution 5968 (1986 Series). This bond will be released upon installation of said waterline or if the Islay portion of the Edna -Islay Specific Plan does not materialize. 0 6. Subdivider shall provide for payment of $750 to the City through escrow for each dwelling unit as a park development fee. These payments are payable prior to occupancy releases or property transfers in lieu of filing liens as prescribed in Condition 14 of Resolution No. 5968 (1986 Series). The restoration of lost section corners and retracement of section lines within the subdivision shall be in accordance with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement.. Said instrument of credit or bond is in the amount of $1,100,000.00, which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (1'2) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10 %'of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept 4 0 C' said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond, which has been posted by Subdivider, to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the estimated cost of the above described subdivision improvements in accordance with State law. Said Subdivider has deposited with the City the sum of $33,000.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $33,000.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. 5 N It is understood and agreed by and between the Subdivider and the City that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO —RON DUNIN A TT 2-P b, CI chm.k PAMELt(�OGES Approved as to form: tity- 2 ineer Agr-1 235 by SUBDIVIDER SUMMERHILL ASSOCIATES, LTD. By: Santa Lucia Hills Genera, �rt ership J 9K3V French, Gen&6al Partner Charles E. French, General Pa,/iner 0 RESOLUTION NO. 6113 (1986 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN AGREEMENT FOR ENGINEERING SERVICES FOR THE WASTEWATER MANAGEMENT PLAN WHEREAS, the City established as a key objective of the 1985 -87 Financial Plan the preparation of a Wastewater Management Plan; and WHEREAS, a direct relationship exists between the City's water resources and its wastewater facilities; and WHEREAS, the City desires to engage an Engineer to provide technical services necessary to prepare the plan by reason of the Engineer's qualifications and experience. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 1. The Mayor be authorized to execute the attached agreement with Brown and Caldwell Consulting Engineers to provide engineering services for the Wastewater Management Plan. On motion of eniinrilman SPtr1P , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Rappa NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 28th day of October , 1986. R 6113 Resolution No. 6113 (1986 Series) ATTE 0",C CI CLERK PAMELA CES APPROVED: City A,4ministrative Officer At Finance D v ector Director of Public Works G s� PRKYWIMWID-UNIN s t s s* s s a s 4JS46,v�, % /h4 Utilities Manager wwmpresotech /d eymm f, (mil ®l 1-16H&Ind • c '7, � 7, , j, Cj AGREEMENT FOR ENGINEERING SERVICES This agreement, made this 28th day of October , 1986, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City "), and BROWN AND CALDWELL, a California Corporation (hereinafter referred to as "Engineer "). WI.TNESSETH WHEREAS, City is in the final stages of the development of its water management plan and water management element for the City's General Plan; and WHEREAS, a relationship exists between water resources and the City's wastewater facilities; and 6JHEREAS, City desires to prepare a Wastewater Management Plan, (hereinafter referred to as the "Plan ") to guide in the operation and improvement of the City's wastewater collection, treatment and disposal system; and WHEREAS, City desires to engage Engineer to provide the engineering services necessary to prepare the Plan by reason of the Engineer's qualifications and experience; and WHEREAS, Engineer has available and offers to provide personnel and facilities necessary to accomplish the work within the required time. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. City. The City Utilities Manager shall be the representative of the city for all purposes under this agreement and is designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. b_ Engineer. Engineer shall assign a. Project Director and a Project Manager for this project. Mr. Lynn Hartford is hereby designated as the Project Director and Mr. Michael Anderson is hereby designated as the Project Manager for Engineer. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Director or Project Manager for any reason, the Project.,Director or Project Manager designee shall be subject to the prior written acceptance and approval of the City's Project Manager. Key members of the Engineer's Project Team are further described in Exhibit "A" Page 1 of 9 2. 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.. DUTIES OF ENGINEER a. Services to be furnished. Engineer shall provide all the planned engineering services as set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. City and Engineer agree that certain of the work contemplated to be performed by Engineer cannot be defined sufficiently at the time of execution of this Agreement, and incidental engineering work related to the project and not covered in Exhibit B may be needed during the performance of this Agreement. This work may include (but is not limited to) further infiltration /inflow field investigations and studies. It is intended that such categories of work be classified as special engineering services. b. Laws to be observed. Engineer shall: (1) Procure all permits and licenses, pay all charges and fees, and give-all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Engineer under this agreement; (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations., orders and decrees which may affect those engaged or employed under this agreement, any materials used in Engineer'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 incon- sistency it discovers in said laws, ordinances, regulations, orders, and - decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. Page 2 of 9 C. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Engineer under this agreement shall be the property of City and shall not be made available to any individual or organization by,Engineer without the prior written approval of the City's Project Manager. d. Copies of reports and information. If City requests add -itional copies of reports, drawings, specifications, or any other material in addition to what the Engineer is required to furnish in limited quantities as part of the services under this agreement, Engineer shall provide such additional copies as are requested, and City shall compensate Engineer for the costs of duplicating of such copies at Engineer's direct expense. e. Qualifications of Engineer. Engineer represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY City agrees to cooperate with Engineer and to perform that work described in Exhibit "C" attached hereto and incorporated by this reference. 4. COMPENSATION For the services described in Exhibit "B" which are to be performed by the Engineer, the City agrees to pay, and the Engineer agrees to accept, compensation in accordance with the methods and schedules set forth in Exhibit "D ", attached hereto. Engineer will invoice City on a monthly basis and City will pay within 30 days of receipt. The Consultant may not charge more than the amount .shown in Exhibit "D" without prior approval of the City's Project Manager: 5. TIME FOR COMPLETION OF THE WORK Engineer shall complete the draft report of the Plan within 20 weeks of receiving the City's authorization to proceed. The final report shall be completed within 3 weeks of receiving the City's coments on the draft report. Task 5 (Review of Infiltration /Inflow Data) shall be completed within 4 weeks of receiving the City's authori- zation to proceed. Task 6.0 (Operations Staff-Evaluation) shall be completed within 12 weeks of receiving the City's authorization to proceed. Time extensions may be allowed for delays caused by City, other governmental agencies, of factors not directly brought about by the negligence_ or lack of due care on the part of the Engineer. Page 3 of 9 6. 7. 8. C� v TEMPORARY SUSPENSION The City's Project Manager 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 the Engineer to perform any provision of this agreement. Engineer will be paid the compensation due and payable to the date of temporary. suspension. SUSPENSION; TERMINATION a. Right to suspend or terminate.. The City retains the right to terminate this agreement for any reason by notifiying Engineer in writing 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 Engineer, City shall be obligated to compensate Engineer only for that portion of consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Engineer and should they fail to agree, then an independent arbi- trator is to be appointed and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Engineer 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 Engineer, and for which Engineer has received reasonable compensation, or given to Engineer in connection with this agreement. Such materials shall become the perma- nent property of City. Engineer, 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.' INSPECTION Engineer shall furnish City with every reasonable opportunity for City to ascertain that the services of Engineer are being performed in accordance with the requirements and intentions of this agreement. All work 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 Engineer of any of its obligations to fulfill its agreement as prescribed. Page 4 of 9 9. OWNERSHIP OF MATERIALS All original drawings, plans, documents and other materials prepared by or in possession of Engineer pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. 10. INDEPENDENT JUDGEMENT Failure of City to agree with Engineer's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgement shall not be construed as a failure on the part of Engineer to meet the requirements of this agreement. 11. ASSIGMENT: SUBCONTRACTOR'S EMPLOYEES This agreement is for the performance of professional engineering services of the Engineer and is not assignable by the Engineer - without prior consent of the City in writing. The Engineer may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICE All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: City Utilities Manager City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Engineer: Brown and Caldwell 150 South Arroyo Parkway P.O. Box 710.3 Pasadena, CA 91109 13. INTEREST OF ENGINEER Engineer 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. Page 5 of 9 Engineer further covenants that, in the perforance of this agreement, no subcontractor or person having such an interest shall be employed. Engineer 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, Engineer shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Engineer 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 corporation caused by any negligent act or omission of Engineer under this agreement or of Engineer employees or agents; 2. Any and all damage to or destruction of any property, including the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Engineer, or in proximity to the site of Engineer's work, caused by any negl.igent act or omission of Engineer under this agreement or of Engineer's employees or agents; 3. Any and all claims and demands which may be made against City, its officers, agents, of employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Engineer 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 infringent of any patent rights or claims caused by the use of any apparatus, applicance, or materials furnished by Engineer under this agreement; and Page 6 of 9 5. Any and all penalities 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 Engineer. Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgement or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Engineer. 15. WORKERS COMPENSATION Engineer 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 commencing the performance of the work of this agreeent. 16. INSURANCE Engineer shall provide proof of comprehensive general liability insurance ($1,000,000) (including automobile) and professional liability insurance ($1,000,000) satisfactory to the City. 17. AGREEMENT BINDING The terms., covennants, 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 terms, covenant, or condition of this agreement or of Page 7 of 9 any provision, ordinance or law shall not be deemed to be a waiver of any subsequent breach of 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 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. COST 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. DISCRIMINATION 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 Engineer is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or execu- tive-order in the performance of this agreement, it shall thereby 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 Engineer 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 his paragraph. If Engineer is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Engineer shall be found in material breach of the agreement. There- upon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Engineer the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Engineer is found to have been in such noncompliance as damages for said breach of contract, or both. Page 8 of 9 C 21. AGREEMENT CONTAI ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Engineer and supercedes all prior negoti- ations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Engineer. 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 Engineer have executed this agreement on the day and year first above written.. BROWN AND CALDWELL 1 CITY OF SAN LUIS OBISPO ATTEST: APPROVED! in. Mayor bo Voges, C Picquet, Cit -V p � Page 9 of 9 y A torney G 2' EXHIBIT A KEY MEMBERS OF PROJECT TEAM Project Director and Principal -in- Charge Lynn Hartford Project Manager Michael Anderson Project Review Board Ted Lutge Pervaiz Anwar Wastewater Treatment Plant Analysis Warren Uhte Denny Parker Collection System Analysis tick Cooper Jim Cathcart Operational Evaluations Chuck 7ickefoose George Katsinis Financial Planning Bill Ferry . Exhibit A Page 1 of 1 tD EXHIBIT B SCOPE OF WORK. The wastewater management plan for the City will be a strategic plan for 'the continued development and operation of the City's wastewater collection, treatment and disposal systems. Periodically, it is necessary to update and modify such plans as necessary to reflect: 1. Changes or pending changes in waste discharge requirements issued by the California Regional Water Quality Control Board, Central Coast Region (RWQCB). 2. Increases in wastewater flows or other changes in the raw wastewater quality. The following outlines the wastewater management plan objectives. These objectives are important as they represent the basis of the scope of the planned engineering services. Objectives The specific study objectives are: 1. Present estimates of future wastewater flows to the year 2015 based on the population projections and land use categories within the City's general plan urban reserve limit. 2. Review the RWQCB Order No. 86 -179 for Administrative Civil Liability dated Play 2, 1986 relating to excessive wastewater infiltration /inflow (I /I) to the collection system, results of recently completed preliminary I/I studies and recommend a phased- approach to solve this problem. 3. Through discussions with City staff, review and evaluate any operation and /or maintenance problems in the wastewater collection system. 4. Provide the City with a computer model to be used on the.City's IBM -PC computer of the wastewater collection system. This computer model will be calibrated to reflect the actual flow conditions in the City's collection system and will analyze the system for existing and future capacity deficiencies. Based on these deficiencies, alternatives Exhibit B Page 1 of 6 will be investigated to expand the collection system within the urban reserve limits to handle the expected wastewater flows in the year 2015. These improvements should be planned to provide for the maximum amount of flexibility in the collection system to be able to convey wastewater flows resulting from growth rates or Datterns of growth different than what is currently estimated. 5. Through discussions with the RFIQCB, review existing and probable future wastewater effluent discharge require - ments to San Luis Obispo Creek and for various potential wastewater reuse options. 6. Review existing wastewater treatment plant facilities and present operation. Develop a master plan for future expansion of the plant in an orderly fashion to meet the current discharge requirements and anticipated future requirements. The master plan will identify various stages of modifications through the year 2015. The priority for these modifications or improvements will be in the following order: a. Changes in operational procedures to improve treatment reliability and effluent quality and to reduce operation and maintenance costs. b. Reconfigure existing process units to function in a more efficient and /or cost effective manner. C. Incorporate new wastewater treatment process units and facilities. 7. Develop a staged capital improvement program and schedule for the wastewater treatment plant and collection system. 8. Review the collection system and wastewater treatment plant operation including staffing levels and recommend appropriate changes where necessary. Review City's existing waste discharge ordinances, effectiveness of City's pre- discharge program and recommend any necessary modifications.. 9. Analyze various alternative financing options and develop a financial plan. 10. Assist City by providing technical review of policy issues relating to wastewater. Exhibit B Page 2 of 6 Task 1, Management This task includes review of engineering work by managerial and corporate level engineers; preparation of progress reports, correspondence with the City, and supervision of project staff. Included in this task will be up to three planning review meetings. Task 2, Data Collection and Review Data on the. existing sewer system, treatment facilities, maintenance reports and system operating history will be compiled and reviewed. Previous planning studies will be evaluated. Task 3,_ Evaluation of Planning Area Characteristics City land use planning documents will be reviewed. Existing and planned land use will be evaluated for the planning area, which is defined as the general plan urban reserve limit. City input will be solicited to determine growth patterns throughout this area. This is an important step in identifying the timing of improvements to the collection system. It is proposed to utilize the projections included in the City's recently completed Water Management Plan to the year 2015. Task 4, Water and Wastewater Characteristics Existing data on water usage, wastewater duality, flow and infiltration/ inflow (I /I) contribution will be reviewed. All major users of water, including commercial, industrial and tourist - related accounts will be identified. This task will include an analysis of annual flow variations, and possible correlation to various areas of the system. Particular emphasis will be placed on the impact of California Polytechnic State University, San Luis Obispo. In addition to using existing wastewater flow data, actual flow measurements will be made of up to 5 locations in the collec- tion system for at least a 2 -week period. City will assist Engineer in installing flow monitors and measuring wastewater flows. Wastewater flow characteristics will be estimated using these data. Unit flow contributions to be used in the collection system model will be determined for residential, commercial and industrial discharges. These will be reviewed with City staff. Task__5, Review of Infiltration /Inflow Data A review of the results of the recently completed preliminary I/I study and other existing data will be performed to estimate (on a preliminary basis) the range of excessive I/I and to determine locations where excessive I/I may impact the system computer model. The California Regional Water Quality Control Board, Central Coast Region (RWQCB) Order No. 86 -179 for Administrative Exhibit B Page 3 of 6 Civil Liability dated May 2, 1986 will be reviewed and discussed with the RWQCB staff to determine this Board's requirements relating to excessive I /I. A scope of work will be prepared outlining a phased - approach to solve this problem. This work will be focused not only on meeting the RWQCB requirements, but also on providing sufficient flow information; for the Wastewater Management Plan study. Task 6, Existing Wastewater Management Facilities This task involves meeting with City engi.neering and operations staff to evaluate existing wastewater management facilities. A. Sewer Collection System. An inventory of the existing system will be prepared. Rey features such as siphons, lift stations, diversion manholes and creek crossings will be studied. An evaluation will be made of the existing system including any operation and maintenance problems. A system deficiency map will be prepared. B. Treatment and Disposal Facilities. The existing wastewater treatment facilities will be subjected to a thorough review of hydraulics, treatment capacity by unit process, energy consumption and maintenance "requirements. It is proposed to perform sampling and analytical testing at several points along the process stream to determine the efficiency of each unit process and its suitability for incorporation in an upgraded plant. The Engineer will plan this sampling /analytical program and the City will conduct this sampling and analytical work. A review of system performance and deficiencies will be included in the report. A review will be conducted of the City's pre- discharge program, and its effectiveness will be studied to determine possible changes which could be made to the City's sewer use ordinance. C. Operations Staff Evaluation. The collection system and wastewater treatment plant operations and maintenance staff levels and capabilities will be evaluated and recommended changes will be, made, where appropriate. This evaluation will be summarized in a separate task report to the City. Task 7, Computer Modeling of Sewer System A. The study area will be subdivided into drainage subareas for modeling. Sub -areas will be determined by the configuration of the existing sewer- system. Land use for each sub -area will be determined by'type and acreage. Exhibit B Page 4 of 6 0 0 B. With assistance from City staff, existing and ultimate population will be distributed to the sub - areas. Major water users will be identified within the subarea. The projected growth rate between existing and saturation population for each sub -area may be steady, accelerated, or at a decreasing, rate of increase. C. A computer model specifically designed for the City's collection system will be developed so that it can run on the City's IBM -PC computer. The model will be provided for the Citv's use in,future updates of the Wastewater Management Plan, and to evaluate the impact of individual developments on the capital improvement program. D. An initial run of the model will be performed based on existing population, major water users and 'the existing sewer collection system. A calibration run will then be made using wastewater flow monitoring data obtained during this and previous studies. E. Alternative routing plans will. be developed for new sewers, with maximum use. made of the existing system. Locations of possible diversion sewers will be modeled. Alternatives will.be run with the sewer system model, and compared for initial phase costs, total program costs, ability to be implemented and flexibility to meet future needs. F. A sensitivity analysis will be performed on the screened alternatives, to detemine impact of accelerated growth on required improvements_. Land use changes will be studied in a sensitivity analysis. Task 8, Wastewater Discharge /Reuse Requirements The City's current wastewater discharge requirements adopted by the RWQCB on April 11, 1986 (Order No. 8.6 -63 and Cease and Desist.Order No. 86 -64) will be reviewed and discussed with the RWQCB staff. Based on those discussions and the Basin Plan, probable future wastewater effluent discharge requirements to San Luis Obispo Creek will be defined. In addition, discharge require- ments for potential wastewater reuse options will also be determined. These requirements will then be used as a basis for developing alternatives in Task 9. Task 9, Treatment__System Improvements The wastewater treatment and disposal system will be studied for options to upgrade treatment reliability and "capacity. Recom- mended improvements will be defined to meet the anticipated discharge requirements and (to the extent possible) will follow the priorities listed below to reduce initial costs. Exhibit B Page 5 of 6 o a 1. Operational improvements =- adjusting recycle rates, overland flow and lagoon operation, etc. 2. Modifications to existing process streams. - - repiping, bypassing, alternate return sludge application points, etc. 3. Additional structures or unit processes. A detailed first phase plan with itemized costs will be prepared for inclusion in the report. Reclamation of wastewater may be viable if future discharge requirements are more stringent. The study will include a preliminary investigation of the potential for reuse of reclaimed water Task 10, Development of a Management. Plan The Wastewater Management Plan of facilities needed to the Year 2015 . will be developed. The plan will include detailed descriptions of the most critical projects identified. The management plan will be developed in conjunction with the most feasible financing plan for the City. A growth computer model that will be used in this study will define deficiencies on a multi -year phased approach. The City will inform the Engineer as to the number of years to be included in each phase. The plan will include a listing of recommended projects by. phase and these will be shown on a map in the report. Task_11,, Financial Plan The phasing of projects must be compatible with the fiscal capabilities of the City. A review will be made of the projected revenue anticipated by the City for construction. Alternative financing options will be evaluated and a financial plan will be developed. Using specially designed computer "spread "sheet" programs, capital and annual expenditures will be modeled to determine how changes in expenditures impact on the City's overall budget. This work will be coordinated closely with City representatives. Task 12, Report Preparation All investigations will be summarized in a detailed report. The report.will include an executive summary, including maps and a tabulation of recommended projects for each multi =year period through the year 2015. :Five copies of the draft report will be submitted to the City for .review. Following review, 20 copies of the final report will be submitted. Exhibit B Page 6 of 6 `J EXHIBIT C WORK TO BE PROVIDED BY CITY 1. A copy of all previous reports, data, maps, drawings, etc. relating to the preparation of the Wastewater Management Plan. Engineer will provide City with a list of requested information. 2. Up to four personnel to assist Engineer in installing monitors and measuring wastewater flows as described in Task 4 of Exhibit B. 3. Conduct a wastewater sampling /analytical program at the wastewater treatment plant to provide data needed for Task 6.B. 4. Assist Engineer in distributing existing and ultimate population to the sub -areas developed for computer modeling of the sewer system. 5. The number of years to be included in each phase of the multi- year.Wastewater Management Plan. 6. Review and comment on Engineer's work products and drafted report. Exhibit C Page 1 of 1 EXHIBIT D COMPENSATION Compensation for services provided under Paragraph 2, "Duties of Engineer," and described in Exhibit B. shall be based on salary costs, overhead and profit charges, plus direct nonsalary costs as described in this exhibit. I. SALARY COSTS Salary costs comprise direct salary plus fringe benefits. Salary costs shall be the. total number of hours worked on the. project by each employee multiplied by the employee's hourly rate for direct salary plus fringe benefits: It is agreed that fringe benefits shall amount to 35 percent of direct salary costs. Fringe benefits include but are not limited to the following: 1. Workers compensation insurance. 2. State and federal unemployment 'insurance. 3. Employer contribution to Social Security. 4. Payroll taxes: 5. Salary continuation insurance. 6. Life and medical insurance. 1. Vacation and holidays. S. Incentive pay. 9. Retirement plan.. II. OVEREEAD AND PROFIT General and administrative overhead includes the following indirect costs which are not identifiable and directly allocable to the project: 1. Provisions for office, light, heat, and similar items for working space, depreciation allowance or rental for furniture, drafting equipment and engineering instruments, automobile expenses, and office and drafting supplies. Exhibit D Page 1 of 4 C C� 2. Taxes and insurance other than. those included as fringe benefits, but excluding state and federal income taxes. 3. Library and periodical expense, and other means of keeping abreast of advances in engineering, such as attendance at technical and professional meetings, 4. Executive, administrative, accounting, legal, stenographic, and clerical salaries and expenses, other than Project-identifiable salaries included in salary costs and Project- related expenses included in reimbursable nonsalary expenses, plus salaries or imputed salaries of principals, to the extent that they perform general executive and administrative services as distinguished from technical or advisory services directly applicable to the Project. These services and expenses, essential to the conduct of the business, include preliminary arrangements for new projects or assignments, and interest on borrowed capital. 5. Business development expenses, including salaries of principals and salary costs of employees so engaged. 6. Provision for loss of productive time of technical employees between assignments and for time of prin- cipals and employees on public interest assignments. Profit consists of state and federal income taxes and net profit. It is agreed that general and administrative overhead plus profit shall be computed by multiplying salary costs by a factor of 2.3. III. NONSALARY COSTS Nonsalary costs are charges incurred directly for the project, other than those included in salary- related costs. Such nonsalary costs shall be computed on the basis of actual purchase price plus a service charge of 10 percent. Cost of items and services provided by the Engineer shall be in accordance with rate schedules based on normal charges of commercial sources. Nonsalary items and services include, but.are not .limited to, the following: 1. Services directly applicable to the project such as special legal and accounting expenses, computer rental and programming costs, special consultants, borings, laboratory analyses, commercial printing and binding, and similar services that are not applicable to general overhead. Exhibit D Page 2 of 4 o 2. Identifiable reproduction services applicable to the Project such as printing of drawings, ohotostating, multilithing, printing and similar services. 3. Identifiable communication services such as long - distance telephone, telecopying, telegraph, cable, express services, and postage other than for general correspondence. 4. Living and traveling expenses of employees when away from home office on husiness connected with the project. 5. Subcontracted services. IV. LIMITATION OF COST AND TIME It is estimated that the cost for services described in Exhibit B will not exceed $70,000. The Engineer agrees to use his best efforts to perform the work specified in Exhibit B within the estimated cost and time of completion. If, at any time, the Engineer has reason to believe that the cost will be greater than estimated, the Engineer shall. notify the City in writing to that effect. The notification will state the revised cost estimate for performance of the services and, if applicable, the revised time for completion. Such notification will be submitted to the City at the earliest possible date and in no event later than 30 days prior to scheduled completion of. the work. The City shall not be obligated to reimburse the Engineer for costs incurred in excess of,the estimated cost. The Engineer shall not be obligated to continue performance under this Agreement or oth-erwise incur costs in excess of the estimated cost unless and until the City shall have notified the Engineer in writing that such estimated cost has been increased and shall have specified in such notice a revised estimated cost which shall thereupon constitute the estimated cost for performance of this Agreement. If, after such notification, additional funds are not allotted by the end of the period scheduled for completion, or an agreed date substituted therefor, the City will, upon written request by the Engineer, terminate this Agreement. The termination date shall be the originally scheduled completion date or an agreed date substituted therefor. In addition to the estimated compensation established previously for the planned engineering services outlined in Exhibit B, the City hereby establishes an allowance of $20,000 for the purpose of providing special engineering services. These. services will be defined at a later time and a compensation will be established within this allowance. The City',s Project Manager will authori.ze such services in writing. This allowance can be increased only by amending this Agreement. Exhibit D Page 3 of 4 V. PAYMENT OF COMPENSATIOPI Charges determined on the. basis of this Exhibit shall be billed in accordance with Paragraph 4 of this Agreement. Exhibit D Page 4 of 4 AC7 `J RESOLUTION NO. 6112 . (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING WITHOUT PREJUDICE AN APPEAL AND UPHOLDING ACTION TAKEN BY THE ARCHITECTURAL REVIEW COMMISSION TO DENY ARC 85 -161 FOR A 24 -UNIT RESIDENTIAL PROJECT AT 3450 BULLOCK LANE WHEREAS, the Architectural Review Commission denied plans for a 24 -unit residential project for property located at 3450 Bullock Lane at their meeting on October 6, 1986, after previous meetings on February 18, May 19, June 30, September 2, and September 15, 1986; and WHEREAS, the original applicant, Richard Hampton, appealed this decision by the Architectural Review Commission; and WHEREAS, on October 28, 1986, the City Council of the City of San Luis Obispo conducted a public hearing on said appeal and reviewed plans for the project submitted by the appellant; and WHEREAS, the council agrees that the decision of the Architectural Review Commission in denying the application was the appropriate action; NOW, THEREFORE, the council resolves to deny the appeal and uphold the Architectural Review Commission's decision to deny the 24 -unit residential project at 3450 Bullock Lane, based on the following findings: 1. The site plan for the project is not appropriately adapted to the shape or topography of the site as called for in the city's Architectural Review Guidelines. A. Buildings are awkwardly and irregularly placed on the site, and are not properly oriented to provide views of the creek and other nearby scenic natural features. B. The placement of buildings and configuration of driveways and landscaped areas would result in views of the project from public streets and nearby private properties which are unattractive, and would also result in unattractive views for tenants and visitors to the project. 2. The proposed project would not be a compatible part of the total community environment as specified in the city's Architectural Review Commission ordinance and guidelines, for the reasons noted above, and because the buildings closest to Bullock Lane present a uniform and uninteresting facade to the public view. 3. The interior landscaping is inadequate. The proposed plantings fail to enhance the appearance and enjoyment of the project or soften the effect of buildings and paving. R 6112 Resolution No. 6112 (1986 Series) ARC 85 -161 Page 2 This denial is without prejudice to the applicant to file a new application for the same site at any time and without payment of the normal application and processing fees. On motion of Councilwoman Rappa seconded by Councilman Sett1Q and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Dovey and Griffin NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 28th day of October , 1986. 'Wayor Ron Dunin AT ST Ur City Clerk Pamela ges APPROVED:. 0 0 W ! Cit Administrati a ficer City Att ney Community Development Director ����!'��' � C C.� � o RESOLUTION NO. 6111 (3986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO CONTINUE REZONING FROM R -3 TO R -2 FOR CERTAIN AR_ EAS ON PISMO STREET AND APPROVING SAID REZONING (CR1269) WHEREAS, on September 10, 1986, the Planning Commission after a duly noticed public hearing did continue pending further study consideration of a city- initiated rezoning from R -3 to R -2 for certain portion of Pismo Street as shown on Attachment "A" and WHEREAS, on September 1.8; 1986, Pat Beninger did appeal the Planning Commission's action to the City Council; requesting approval of the rezoning; and WHEREAS, on September 24, 1986, the Planning Commission did continue to recommend to the City Council that no action be taken until further study is conducted and requested council authorize such a study; and WHEREAS, on October 28, 1986, after a duly noticed public hearing, the City Council did find the following reasons for justifying granting of the appeal: 1. The subject rezoning conforms with the general plan; and 2. The subject rezoning implements the intent of the general plan and city goals_ for protecting the desirable characteristics of residential neighborhoods: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1, Based on the aforementioned findings, the City Council does grant the appeal of the Planning Commission's action; and SECTION 2. Directs staff to prepare for introduction an appropriate ordinance affecting the subject rezoning. On motion of Councilman Settle seconded by Councilwoman Rappa., and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None R 6111 Resolution No. 6111 (1986 Series) CR 1269 Page 2 the foregoing resolution was passed and adopted this 28th day -of October 1986. s � r Ron Dunin APPROVED: ministrati Attorney Community Development Director 1� %f �c 0 0 RESOLUTION NO. 6110 (1986 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE EDNA -ISLAY SPECIFIC PLAN TO ALLOW MOBILE HOME PARKS (SP 1283) WHEREAS, the Planning Commission and City Council have held hearings on this specific plan amendment request in accordance with Section 65500 et. seq. of the l Government Code; and WHEREAS, the amendment has been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines, and the project has been granted a negative declaration by the Community Development Director; and WHEREAS, the amendment is consistent with the city's general plan; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The determination of the Community Development Director to approve a negative declaration is hereby affirmed. SECTION 2. The amendment implements a portion of the city's Housing Element. SECTION 3. The Edna -Islay Specific Plan is hereby amended to allow mobile home parks in both low- and medium - density residential zones in the Edna -Islay Specific Plan area, as shown on the attached Exhibit A. On motion of Councilwoman Dovev ,seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 28th day of _October 1986. � s on Dunin 4TE k Pamela eef R 6110 G Resolution No. 6110 (1986 Series) Specific Plan Amendment SP 1283 Page 2 APPROVED: Asst. City Administrative Officer City Att0aey Community Development Director residential L J use u MENU -- This specific plan creates two categories of residential land use which are applied to appropriate areas shown on the large land use map at the back of this report. It is this plan's general intent that within each category a variety of housing types should be developed to serve the needs of the community. Proposed housing development within the specific plan will be consistent with the 1977 general plan. This means that the overall density of housing within the planning area shall not exceed 5.5 dwelling units per acre excluding required park areas, open space on Islay Hill, and commercial and public street areas. LOW DENSITY HOUSING Purpose and Intent - This land use category is intended to promote housing which is similar in character to other single- family neighborhoods in San Luis'Obispo. Permitted Uses - Within areas shown as low density housing, land uses which are permitted or conditionally permitted in the R -1 zone will be allowed. All use permit, home occupation permit, and other procedures outlined in the city zoning regulations will apply. Mobile home parks are permitted with approval of a use permit. No use_.permit shall be app roved unless the park meets allTstandards of.the specific Ian, including density limitations, as well as other standard conditions of approval required by code for suc permits. As. an additional regulation, private lodges and clubs, public and parochial schools, churches and other uses judged similar will not be permitted on the lower slopes Of' Islay Hill, generally south of the major creek (see figure 15) . al n ©t -be a �} Y-+►av5 *nc� Property Development Standards Property development standards (including maximum density limits) shall be as defined by the city's R -1 zone district regulations and the subdivision regulations except where otherwise specified in other portions of this plan. For further discussion of the maximum Permitted density and number of units per phase, see figures 31 and 32. IBIT A: Excerpts from Edna- Isslay SpeciT�c plan sheet. 1 of 2 BIT I However, "Land Use" buffer zones, described on page 35, may not be counted toward meeting the lot depth or width requirements of the city's subdivision regulations. MEDIUM DENSITY_HOUSING Purpose_and Intent This land use category should promote a variety of housing types which include but not be limited to attached single- family homes, garden apartments and condominiums, courts, triplexes, etc. Housing should be developed for people who are looking for smaller; more economical housing, limited private yards or minimum maintenance responsibilities. Permitted Uses - Within areas shown as medium - density housing, land uses which are permitted or conditionally permitted in the R -2 zone will be allowed. All use permit, home occupation permit, and other procedures outlined in the city Zoning and Subdivision Regulations will apply. Mobile heme parks shall met be allowed in fnedi6ffl dens i i eas-: home parks are permitted with approval of a use permit. No use permit e approved unlessibie park meets all standards of the specific plan„ .ng density limitations, as well as other standard conditions of approval A by code for such permits. Property Development Standards - Property development standards, including maximum density limits, shall be as defined in the city's R -2 zone district regulations and the subdivision regulations except where otherwise specified in other portions of this plan. For further discussion of the maximum permitted density and number of units per phase, see figures 31 and 32. A. "net acre" will be considered the land area designated for medium density housing. The calculation of net building site area will not include areas reserved for parks, private recreation, open space, public streets, creek areas or railroad noise buffer zones. Land use buffer zones may be included as part of the building site. GENERAL RESIDENTIAL DEVELOPMENT STANDARDS Purpose and Application - Additional development controls are needed to deal with site specific, man made and natural environmental conditions relating to noise, visual amenities, land use compatibility; creek protection, landslide protection, and archaeological resource conservation. The Ek%IIBIT A sheet 2 of 2 •- 15 _ EXHIBIT r i RESOLUTION NO. 6109 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND AT &T FOR USE OF PARKING LOT ON MORRO STREET BETWEEN MORRO & PEACH STREETS WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the city and AT &T is hereby approved and the Mayor is authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED that the City Clerk.shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: AT &T On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey,-,Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th day of October , 1986. ATTES CIT CLERK PAMELA OGES App ove . �� a City Administrative Off cer It- Attorney 0 r- YOR RON DUN,IN _+ Finance D' ecto Public Works Director R 6109 I, AGREEMENT FOR USE OF PARKING SOT EXHIBIT "A" This agreement is made and entered into by and between the City of San Luis Obispo ("CITY ") and AT &T on the 28th day of October, 1986. WHEREAS, AT &T owns a 10 space parking lot ( "PREMISES ") fronting the northeast side of Morro Street between Peach and Mill Streets in San Lois Obispo. California; and WHEREAS, AT &T has no immediate use for this parking lot; and WHEREAS, CITY needs additional parking space for its employees and customers while several major construction projects proceed; NOW, THEREFORE, in consideration of mutual benefits which will accrue to each party, CITY and AT &T agree as follows: 1. That AT &T shall allow CITY exclusive use of PREMISES for parking by CITY employees and customers. 2. That CITY shall defend and hold AT &T harmless from any liability arising out of CITY'S use of PREMISES. 3. That either CITY or AT &T may unilaterally terminate this agreement with 14 calendar days notice. 4. That upon termination CITY shall return use of PREMISES to AT &T with PREMISES in a condition as good as or better than the condition they are in when this agreement is executed. AT &T: date ATTE CITYICLERK PAMELA CITY OF SAN LUIS OBISPO .............. `RON DUNIN date API , ED AS FBIR aV RESOLUTION N0.6108 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENT NO. 2 TO THE CONTRACT FOR VEHICLE OPERATIONS ON SAN LUIS OBISPO MUNICIPAL TRANSIT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Amendment No. 2 to the Contract for Vehicle Operations on San Luis Obispo Municipal Transit is approved and the Mayor is authorized to execute the same. On motion of Col mri_iman settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor. Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this28th day of October 1986. YOR RON DUNIN ATTES C7 CLERK PAME G S AP Cit Administrati a Of er jfj it Attorney Director oVinance 6 : .� r.: �, _ �_, �_, �. AMENDMENT NO. 2 TO CONTRACT FOR VEHICLE OPERATIONS ON SAN LUIS OBISPO MUNICIPAL TRANSIT THIS AMENDMENT, made and entered into this 28th— day of October , 1986, by and between the City of San Luis Obispo (hereinafter referred to as "City ") and Laidlaw Transit, Inc. (hereinafter referred to as "Company "). WITNESSETH: WHEREAS, on April 21, 1982, the City and Cal Coast Charter, Inc. entered into a Contract for Vehicle Operations on San Luis Obispo Municipal Transit, a copy of which is attached and incorporated by this reference; and WHEREAS, on October 28, 1986, said contract was assigned from Cal Coast Charter, Inc. to Laidlaw.Transit, Inc. by Amendment No. 1, a copy of which is attached and incorporated by this reference; and WHEREAS, major road construction along Madonna Road will result in significant traffic delays at certain times for some months; and WHEREAS, City desires to continue to provide timely transit service to the general public; and WHEREAS, traffic delays will necessitate operating certain SLO Transit routes with two coaches instead of one coach; and WHEREAS, such operation will increase Company's operational costs beyond the compensation provided in said contract: NOW, THEREFORE, in consideration of their mutual Covenants, the parties hereto agree to add a paragraph to Section 2. COMPENSATION in said contract as follows: When City deems that certain routes need to be operated with two coaches rather than one coach, then City shall pay Company for this additional service at a rate one and one -half times the contracted rate per route mile of vehicle service. City shall request said service for no less than two continuous service hours. Except as amended here, the contract shall remain unchanged and in full force and effect. LAIDLAW TRANSIT. INC. William Johnsoix, Vice President, Western Area Date : —L —�! - 6 - - - -- - -- CITY OF SAN LUIS OBISPO Mayor Ron Dunin ATTEST: 1 CONTRACT FOR VEHICLE OPERATIONS ON SAN LUIS HISPO MUNICIPAL TRANSIT `'�) The City of San Luis Obispo ( "City"), a municipal corporation, and CAL COAST CHARTER, INC. SECTION 1. SERVICE ( "Company ") agree as follows: Company shall operate transit coaches on the routes and schedules shown in Exhibit A starting on July 1, 1982 and ending on June 30, 1987. City shall have the option of extending the term of this contract from July 1., 1987 until June 30, 1992. City may exercise this option by notifying Company before July 1, 1986. SECTION 2. COMPENSATION For satisfactory performance of the service described in this contract, City shall pay Company _$1.51 _ per route mile of vehicle service (This rate should not reflect Company's costs to provide coaches and facilities). City shall not pay for mileage operated between Company facilities and the originating or terminating points of daily service. City shall not pay for mileage operated in order to maintain coaches. When City deems that Company must provide small transit coaches, City shall pay Company $750.00_ per month per coach.. When City deems that Company must provide standard transit coaches, City shall pay Company $1,150.00 per month per coach. When City deems that Company must provide maintenance /operations facilities, City shall pay Company $833.56 per month. Company shall submit a report of mileage operated and fares collected during each calendar month of operation. Within 15 days of receiving this report, City shall pay Company the sum of the amount due for vehicle operations plus the amount due for providing coaches plus the amount due for providing facilities minus the amount of cash fares collected. B -1 C. O If City adds service which requires an additional driver and an additional coach for less than three continuous service hours, then City shall pay Company for this additional service at a rate one and one -half times the contracted rate per route mile of vehicle service. SECTION 3. COMPENSATION ADJUSTMENT The compensation rates for providing coaches and for providing maintenance /operations facilities shall remain fixed for the term of this contract. The compensation rate for vehicle service mileage shall be adjusted effective July 1 each year (beginning on July 1, 1983) to reflect changes in the costs of labor (L), fuel (F), and miscellaneous goods and services (M) and changes in potential net income earned on owner's equity (I). City shall adjust this rate according to the formula .4 R1 L? .1 RI F2 .4 RI N12 .1 RI I� R? = L + F + Pt + L 1 I 1 1 Where R,, = the new compensation rate RI = the existing compensation rate L2 = the Hourly Earnings Index for Non - Supervisory Workers in Private Transportation for the month of Ma_v in the calendar year of adjustment LI = the Hourly Earnings Index for Non - Supervisory Workers in Private Transportation for the month of May in the calendar year preceding the year of adjustment F.� = the Producer Price Index for Refined Petroleum Products ` for the month of May in the calendar year of adjustment. FI = the Producer Price Index for Refined Petroleum Products for the month of May in the calendar vear preceding the year of adjustment M2 = the Consumer Price Index for All Urban Consumers for All Items Less Food and Energy for the month of May in the calendar year of adjustment M = the Consumer Price Index for All Urban Consumers for All 1 rtems Less Food and Energy for the month of May in the calendar year preceding the year of adjustment B -2 I2 = the interest rate for 6 -month Treasury Bills on May 31 in the calendar year of adjustment I1 = the interest rate for 6 -month Treasury Bills on May 31 in calendar year preceding the year of adjustment All indices used shall be those published by the United States Department of Labor, Bureau of Labor Statistics. Company understands that this annual adjustment might reduce the compensation rate for vehicle service mileage. SECTION 4. FARES City shall establish the tariff of fares, and transfers for the routes operated, and all fares and transfers collected shall become property of City. Company shall collect cash fares, tokens and transfers. A bank acceptable to City shall count cash fares, tokens and transfers, and Company shall pay bank charges for this counting. SECTION 5. COACHES City shall determine the number of coaches necessary to perform the service required under this contract. Upon 60 days non ce from City, Company shall increase or decrease the number of coaches available for service. City may replace a Company - provided coach with a City - provided coach at any time, provided that such replacement shall occur on the first day of a calendar month. City ,shall notify Company at least six calendar months before the planned replacement date, and City's obligation to pay Company for providing the replaced coach shall terminate on the replacement date, except that City shall pay Company the applicable monthly rate of compensation for the replaced coach (according to Section 2 of this contract) for each calendar month or portion of month City falls short of providing the required six months notification. The preferred coach includes the following features: - minimum 30 passenger capacity - maximum 31 foot length -Front and rear entrance doors -a passenger signalling system -a farebox with two locking removable vaults B -3 G � —a passenger counter which can record at least six separate counts -a dispenser for schedules — destination signs readable from both the front and boarding sides of the coach -a radio to communicate with Company's office —a color scheme acceptable to City City shall approve the suitability of any coach before Company begins operating it. City may waive any specified features. SECTION 6. COACH MECHANICAL MAINTENANCE Company shall maintain all coaches operated and shall perform all the periodic preventive maintenance specified by the manufacturer on the coaches provided by City. City may inspect coaches at any time, except that such inspection shall not disrupt operations. SECTION 7. LOCAL OFFICE Company shall maintain an office in San Luis Obispo County and shall include in this office a telephone with listed number and a radio base station. Company shall staff this office during normal business hours. SECTION 8. GENERAL OPERATING POLICY Company shall keep the coaches it operates clean, neat, and safe as City may determine: No commercial advertising shall be placed on the outside of the bus. Advertising may be placed inside the bus but is subject to City regulation. Company shall not deviate from the routes and schedules shown in Exhibit A unless City changes the routes and schedules. Except as provided in Section 18 of this contract, City shall not reduce the total originally contracted annual route mileage by more than 15 percent without Company's approval. Company shall submit a written report of any delay where a bus falls more than 30 minutes behind schedule. This report will explain the delay and will propose solutions to prevent future delays. Company drivers shall follow the policies stated in Exhibit B, "Driver's B -a Code of Conduct ". SECTION 9. LICENSES Company shall maintain whatever State of California Public Utilities Commission licenses are required to perform the service described in this contract. SECTION 10. BONDS Company shall maintain a $200,000 performance bond acceptable to City to guarantee faithful performance of this contract. SECTION 11. INSURANCE _ Company shall provide City with evidence of insurance coverage for comprehensive general liability and automobile liability, including personal injury. Liability limits shall not be less than $5,000,000 per occurrence. City must approve the insurer. City, its board members, .agents and employees shall additionally be included and insured against liability. Company shall provide City with evidence of full insurance coverage for vehicle collision damage on all coaches provided by City. Company shall notify City at least 30 days before cancellation or material change of insurance coverage. SECTION 12. RECORDS Company shall maintain the records (including maintenance records) and accounts which City requires. City shall have the right to inspect, at: reasonable times, pertinent Company records. Company agrees to make these records available to City upon L C1 request. If required by any pertinent regulatory agency,.Company shall present to City certified independent audit reports of its records, accounts, and performance. City shall reimburse Company for 50% of Company's extraordinary expenses incurred to present these reports. SECTION 13. INDEMNITY Company shall hold City, its board members, its agents and its employees harmless from any liability which might arise from Company's operations under this contract. Company shall also defend City, its board members, its agents and its employees against any claims for damage or loss which might arise from Company's operations under this contract. SECTION 14. SALE OR TRANSFER Company shall not sell, assign, transfer or delegate any rights, interests or duties it has under this contract unless City consents in writing to such action. SECTION 15. NOTICES All notices between City and Company shall be written and shall be sufficiently served if sent by United States mail, return receipt requested, postage prepaid and addressed as follows: CITY: San Luis Obispo Municipal Transit c/o City Clerk P.O. Box 321 San Luis Obispo, CA 93406 COMPANY: Cal Coast Charter, Inc. P. 0. Box 5625 Oxnard, CA 93031 I= V \� SECTION 16. COMPANY AS INDEPENDENT CONTRACTOR City and Company agree that Company is an independent contractor, that Company is not an agent of City, and that City shall not control Company's operations except as provided in this agreement. SECTION 17. TERMINATION FOR DEFAULT All terms of this contract are material. If Company persistently fails to perform by these terms, City shall notify Company of the default. If Company fails to remedy the default within 20 days of receiving notice, City may terminate this contract without further obligation to Company. If Company satisfactorily demonstrates that a default is both temporary and beyond Company's control, City will not terminate this contract for such default. SECTION 18. TERMINATION FOR CONVENIENCE City or Company may unilaterally terminate this contract, provided that the termination occurs after operating hours on the last day of a calendar month and that the terminating party notifies the other party at least 12 calendar months before taking such action. City shall pay Company for all work' satisfactorily completed before termination occurs. SECTION 19. CONTRACT AMENDMENT To modify the terms of this contract, both City and Company shall approve a written amendment to this contract. SECTION 20, SCOPE OF CONTRACT This contract includes the following documents incorporated by this reference and supercedes any conflicting provisions within them: Invitation to Bid Accepted Bid Proposal Performance Bond B -7 SECTION 21. FAIR EMPLOYMENT PRACTICES In performing this contract, Company will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry sex, age, or national origin.. Company will take affirmative action to employ , applicants without regard for their race, color, religion, ancestry, sex, age, or nationl origin. This action shall include employment, upgrading, demotion, transfer, recruitment, layoff, termination, compensation, and training. Company shall post in conspicuous places notices outlining the provisions of this fair employment practices section. City may determine that Company has willfully violated the provisions of this fair employment practices section either upon receipt of a final court judgment to that effect or upon receipt of a written notice from the State of California Fair Employment Practices Commission to that effect. For Company's willful violation of this fair employment practices section, City shall have the right to terminate this contract. If such terminat.ion causes City loss in securing the services remaining under this contract, Company and its surety under the performance bond shall pay City for such loss. B -S COMPANY BY: �s TITLE: President DATE :T a ATTEST: CITY BY BY: TITLE: City Clerk. TITLE: Mayor DATE.: WW o?/ DATE: APPROVE FORM AND LEGAL GEFFECT: BY: /_ tle TITLE: DATE: y / 6 8 Z R -9 O O EXHIBIT "A" Vu � J. ^�`G..:+ �+ + t Af UO ' . L POLY ry �. t• " '. + y� + " t ���� P9P�4�jnw ti "A � �♦ r L�+'r�t'.r �'k .f x �1 �' Jay H4� u➢ t^nr �s``fi.`...�+'!"f ,r any G t• -`,.x i.i ' {1u ��Y..�.'zvF f it~ �.� ' W 7 NOW 20n ° • �u r �wn.cr'h1 �r.G e� F� y, y . y O.i1 J r L'� i 7 r✓ �' �Z '. v^ys�'7 {r�'�r� � w2 _e.'' � �' � »z + O'r a -�/ " 7*25�:. �,j '�J ''^ Y��.`.£•: � �`�'�'Yy`'.G�•7v4t •Ga�,;r Pnr.,•.r { +-a y a '7 '� ��� r + �. t �r ik. 4Y� t'!•'�eiy.. CITYMALL MAIN:STOP w 1 ? Lv'52,foPoty /FoathBl �aixN 14 G 28 to�Johnson Lv - fi" �.�JP-.� `�'yiw. "] M r � J v ��''� Y` S ! r.�Y 4<i^ fia�hl` i`y6�•'�ba._ �'P,N.r .u7Y� -i Y+:._I� ' � �L`� � \' '' �� .p � }•y 'j�`4J,��`i..Jf'SC .Y _ �� �^h,��'k {L(,. -� 4�p,`�rvy�� ^Y 1 , +rt- � t Q ..JU ' � -'l � }�.•� v4t W .° �- y�'%'F �..Yfsi•.�`tt� 2"�"�„ Sr'`4 •iG% ` ➢ .+. . •s t-A •rh�..�a^7r'CS�IeT"e'� s'" . T•n- y>:�.�r \>yTV s{°�`d 1."2 �'��a'ru P,fY�,:.dN' �• 44 d', L ti ��'��-a t �L,t���^i` p' �+y 4��in g. .. .A � M ✓ � � K 5�xv -,.+ wt�.' Et } tG � on Operates Mon Fnj ONLY .. W '�^" i'�4'�3�,4}.na�� �,� 'Yi _, � .. $LYITN � � C - �Y Zr• s� � i n e` • LY X52 �Cltft HBE�' , �- W :55+M81 " ®'6r3 dr ° Ar a,Poy' Cock Towers a tT LV "PA%1 �ClOCk TDW6r 3F Y 'l �Fr�YV 1f iT r 12 tSaeta�Roxsar� Fobinlli� $,+. 3} ` s ` ,41 .17ffboth1114® PaMaa z;� _� rte•. T, ,. � +�� t� - ii %° .�i �m °'� N. ' � 20 Chorro +wotntu �' Mfr � y NaO� LY 28 ca NaO .30 Osbs ® Marsn 34 Johnsoria 8rsnap g 37 Augtist3 0 Laurel i 39 Johnson Southrrood " t 4,11 Orcuttpp��.pB�}road�Q C 1 S G � \✓ ti. B -10 EXHIBIT "A" (continued) * :,i3 'S"r"x..��°' i 4 rs `5 .� M Y 2 ''7 nth S�.-tyv'S O \°• "' r y4 t �Y•t�,S*,.�v^.�J f y S 9� Q t 7 y t, a7 V RAMONA N-4r't •4k„4'.An •�.,+ -t'dj. 4.: 5.11 �� i ��.,iYy .�...+:Dy� � Yi- +x Si" � r(• y-c� 44.�. �i 7 11 ) I�'FT a✓i' ah 1a'j, �P K' Jt'•T. n � �k���Y� Js�• 'S YrJrk n ii � sx �)r1 lkY i��� S1 'h = f}'�iY�•ti`n� .ro- �i� }.yirYy ��� �' M t r k ry u x�i "...4!"� ` J T,jhYYi Nc."h��v Y��� fNVL'.x MAIN STOP R ;�(`{ �`, r JP Lv28MFoothiRlPoty� / PO.,c Zhy�i � Y ?�',�� T.�- !',�"5 i G5S t�b"u�'•�r ki. -.�� ' k Y '� �yn4 �r �t °r��%�� y ..`i 3^�s,4,�'- c:�y�.'�„ ^•,- '{,,a`,,• H1 ��.`,'7... 1, �+ Q rl'ysn rx +� a '� �: -ly �. ,,,,.c yr, } �rti°r1 y: ar '" '7 <: .. '' t x `a'•isi � � i t i :„ � f� ^z� ua �+ .t ttM�1 ins "i'.�'G•n� �x�t ►ty� .18 t � �ya0e °r'�r'� �y •1�7'�.,;,. gne - +1is �.A).� . +� _ Q \�7 .i szih 5 0 t`Y•4� f s• r1 .1 y'rE , L s„f t . ♦ trot`+ 3 ytr '�i" tsl`� o-P. h.�� h��C}v'"'�< ty,. •t. Y 9 �1 .Al� Ykl,: r .x e x ,Y-C" r,rt`YM+ SiAi /ON.. a 'ti' i ury f Jz w ✓ ..y r K XX t , JL 1v�52 CIry x c 55 Nipomo ®s Higuera` r, t r p 58 Nvry .101 ®` Madonna` rr '� '' }h T 't 05 LOS 0$eS ®: Ptefumo r F 08 LOS OSoi @-.M x 08' t 14 With N hna Plaza , s i h ®8roatl �ag , a 20 Sartla Rosa guera . r..+ � a JK _ Lv. 26 Cfly�HeB y�x'7J;t r c @Q ;, 29 Santa Rosa @Foothill 32 Chorm ®:Highland - fz� }, n t, raNr FAgM' 36 Foothig ®Chorrox 42 'Poly+ _t :45 Grand Ar. i48 Clty Hall ' B -11 t� EXHIBIT "A" (continued) B -12 EXHIBIT "A" (continued) F 35 3 32 Operates ONLY on regularclas's days not „ aa. • xr 5g' exam days) fail winter 8 spring quarters 726- 1016am, and152450Pm '298r55`MIII ®Greed" x 32 8 58 POiy,, Vista Grande s 35 8 01Poty Clock-Tower " ;t „rar ss i r„ ✓t ;v ' Yi - ^, ii 9 Lv 4 52 to S Higuent ! Lvr22toLaguna 'tea py 15�1`� a€p LY s 28 & 52 p .25 56 .'s ngt r it r$ t 4s (SEE LIMITED HOURS) i : '.': _ Y•�> r � r X r -� � `�Y� tih ? Yp.� /y � tY �v+ri`� 1 �, „ LN . gi - o a 1. 4. ='ttRt � J .S.�H u '�v Z�. �"�a • �'s{ Y Y. mss: r w . STAAGbY hZi `c. `.yY.sx YR" <i,q 'ts z w•lY X' e. (fotmer�i Ugu gue uutee) r. ' � ' S"p00 -<�, :`r.� ><„^� Operates durtngworkdaY.nish hwrs ONLY ,; 14A (6:52z9- 8 am 4 and 2 525 48 p m )a Nf 42 07% i e "� CV b2 CHJ( He6}3 `� T #zg ? KF tr `� • ''` E .:�Y� �s -. krr 56 Marsh � Broa_d� 38 a Ol'Higuera ®Pradu'Roadx ifi Y Y 03 Htguera ®'LosOsOS :01 07 Higuera ®Margarita, - a $, ;a 10 Greyhound station V f Lv 22 Chi L 25 Nipomo Higuera ', l • : TA/WC t�N =�" , 28 Nwy 101 (� Madonna Y ' FA � ' r',-, b3�' F ,1, ' '`•`x 35 Los0�5 dP Ptehtmo � - ` 'r 38 Los:Osos ®Madonna ' w B -1i EXHIBIT B DRIVER'S CODE OF CONDUCT 1. The driver shall wear the Company uniform and appear neat and well groomed. 2. The driver shall try to accomodate riders' reasonable demands, unless such action violates established policy. 3. The driver shall aid elderly and disabled riders when possible and safe. 4. The driver shall notify passengers when transfers are required. 5. The driver shall ensure that passengers place the proper fare in the farebox. 6. The driver shall count all passengers boarding except those who present transfers. 7. The driver shall operate the bus safely and legally. 8. The driver shall ensure passengers are seated before pulling out from a stop. 9. The driver shall ensure the bus stays on schedule but never ahead of schedule. The driver should use any layover time scheduled to offset traffic delays. 10. The driver shall prepare a written report of any delay over 30 minutes, any bus malfunction, or 'any accident. 11. The driver shall submit suggestions for service improvement to the Transit Manager via the Company Manager. 12. The driver shall understand that any failure to observe this Code of Conduct is cause for dismissal after two verified infractions. Willful failure is cause for immediate dismissal. B -14 RESOLUTION NO. 6107 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENT NO. 1 TO THE CONTRACT FOR VEHICLE OPERATIONS ON SAN LUIS OBISPO MUNICIPAL TRANSIT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Amendment No. 1 to the Contract for Vehicle Operations on San Luis Obispo Municipal Transit is approved and the Mayor is authorized to execute the same. On motion of Councilman Settle , seconded by Councilman Gr -iffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th..day of October 1986. �# RON DUNIN ATTE CITt CLERK PAMELA ES APP D: S Ci y Administrat ve 0 is /A A , �4 L. er v i Finance Direc r R 6107 kno�l�^ � �J ���e � �� _ r.. . ;�; - - -, _. -. i n r- AMENDMENT NO. 1 TO CONTRACT FOR VEHICLE OPERATIONS ON SAN LUIS OBISPO MUNICIPAL, TRANSIT THIS AMENDMENT, made and entered into this 28th_ day of _October 1986. by and between the City of San Luis Obispo (hereinafter referred to as "City ") and L.aidlaw Transit, Inc. (hereinafter referred to as "Company "). WITNESSF.TH: WHEREAS, on April 21, 1982, the City and Cal Coast Charter. Inc. entered into a Contract for Vehicle Operations on San Luis Obispo Municipal Transit, a copy of which is attached and incorporated by this reference; and WHEREAS, on January 6, 1986, Cal Coast Charter, Inc. became a wholly -owned subsidiary of Company: and WHEREAS, Company desires to continue to provide transit services on the terms and in the manner set forth in said contract; NOW. THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. The Contract for Vehicle Operations on San Luis Obispo Municipal Transit shall be assigned from Cal Coast Charter, Inc. to Laidlaw Transit. Inc. 2. Except as amended here, the contract shall remain unchanged and in full force and effect. LAIDLAW TRANSIT. INC. William JohnsoA, Vice President Western Area gate-. / 11A - � !,- A - - - - - -- CITY OF SAN LUIS OBISPO 'Mavor Ron ATTEST: _ lJ �rr- Cit Clerk Pamela Y ges Date: _Z,(��� - -- — CONTRACT FOR VEHICLE OPERATIONS ON SAN LUIS OBISPO MUNICIPAL TRANSIT The City of San Luis Obispo ( "City "), a municipal corporation, and CAL COAST CHARTER, INC. ("Company") agree as follows: SECTION 1. SERVICE Company shall operate transit coaches on the routes and schedules shown in Exhibit A starting on July 1, 1982 and ending on June 30, 1987. City shall have the option of extending the term of this contract from July 1., 1987 until June 30, 1992. City may exercise this option by notifying Company before July 1, 1986. SECTION 2. COMPENSATION For satisfactory performance of the service described in this contract, City shall pay Company _$1..51___ per route mile of vehicle service (This rate should not reflect Company's costs to provide coaches and facilities). City shall not pay for mileage operated between Company facilities and the originating or terminating points of daily service. City shall not pay for mileage operated in order to maintain coaches. When City deems that Company must provide small transit coaches, City shall pay Company $750.00 per month per coach. When City deems that Company must provide standard transit coaches, City shall pay Company$1,150_.00 per month per coach. When City deems that Company must provide maintenance /operations facilities, City shall pay Company _5833.56 per month. Company shall submit a report of mileage operated and fares collected during each calendar month of operation. Within 15 days of receiving this report, City shall pay Company the sum of the amount due for vehicle operations plus the amount due for providing coaches plus the amount due for providing facilities minus the amount of cash fares collected. B -1 If City adds service which requires an additional driver and an additional coach for less than three continuous service hours, then City shall pay Company for this additional service at a rate one and one —half times the contracted rate per route mile of vehicle service. SECTION 3. COMPENSATION ADJUSTMENT The compensation rates for providing coaches and for providing maintenance /operations facilities shall remain fixed for the term of this contract. The compensation rate for vehicle service mileage shall be adjusted effective July 1 each year (beginning on July 1, 1983) to reflect changes in the costs of labor (L), fuel (F), and miscellaneous goods and services (M) and changes in potential net income earned on owner's equity (I). City shall adjust this rate according to the formula .4 R1 L? .1 RI FZ .4 Rl M? .1 R1 1 R2 LI + Fl + 611 + II Where R, = the new compensation rate Rl = the existing compensation rate L�, = the Hourly Earnings Index for Non — Supervisory Workers in ` Private Transportation for the month of May in the calendar year of adjustment Ll = the Hourly Earnings Index for Non — Supervisory Workers in Private Transportation for the month of May in the calendar year preceding the year of adjustment F = the Producer Price Index for Refined Petroleum Products for the month of May in the calendar year of adjustment. FI = the Producer Price Index for Refined Petroleum Products for the month of May in the calendar year preceding the year of adjustment M2 = the Consumer Price Index for All Urban Consumers for All Items Less Food and Energy for the month of May in the calendar year of adjustment M1 = the Consumer Price Index for All Urban Consumers for All Items Less Food and Energy for the month of May in the calendar year preceding the year of adjustment 8_? I2 = the interest rate for 6 -month Treasury Bills on May 31 in the calendar year of adjustment Il = the interest rate for 6 -month Treasury Bills on May 31 in calendar.year preceding the year of adjustment All indices used shall be those published by the United States Department of Labor, Bureau of Labor Statistics. Company understands that this annual adjustment might reduce the compensation rate for vehicle service mileage. SECTION 4. FARES City shall establish the tariff of fares and transfers for the routes operated, and all fares and transfers collected shall become property of City. Company shall collect cash fares, tokens and transfers. A bank acceptable to City shall count cash fares, tokens and transfers, and Company shall pay bank charges for this counting. SECTION 5. COACHES City shall determine the number of coaches necessary to perform the service required under this contract. Upon 60 days notice from City, Company shall increase or decrease the number of coaches available for service.. City may replace a Company - provided coach with a City - provided coach at any time, provided that such replacement shall occur on the first day of a calendar month. City shall notify Company at least six calendar months before the planned replacement date; and City's obligation to pay Company for providing the replaced coach shall terminate on the replacement date, except that City shall pav Company the applicable monthly rate of compensation for the replaced coach (according to Section 2 of th.is contract) for each calendar month or portion of month City falls short of providing the required six months notification. The preferred coach includes the following features: - minimum 30 passenger capacity - maximum 31 foot length -front and rear entrance doors -a passenger signalling system -a farebox with two locking removahle vaults B -3 lam% -a passenger counter which can record at least six separate counts -a dispenser for schedules - destination signs readable from both the front and boarding sides of the coach -a radio to communicate with Company's office -a color scheme acceptable to City City shall approve the suitability of any coach before Company begins operating it. City may waive any specified features. SECTION 6. COACH MECHANICAL MAINTENANCE Company shall maintain all coaches operated and shall perform all the periodic preventive maintenance specified by the manufacturer on the coaches provided by City. City may inspect coaches at any time, except that such inspection shall not disrupt operations. SECTION 7. LOCAL OFFICE Company shall maintain an office in San Luis Obispo County 'and shall include in this office a telephone with listed number and a radio base station. Company shall staff this office during normal business hours. SECTION 8. GENERAL OPERATING POLICY Company ,shall keep the coaches it operates clean, neat, and safe as City may determine. No commercial advertising shall be placed on the outside of the bus. Advertising may be placed inside' the bus but is subject to City regulation. Company shall not deviate from the routes and schedules shown in Exhibit A unless City changes the routes and schedules. Except as provided in Section 18 of this contract, City shall not reduce the total originally contracted annual route mileage by more than 15 percent without Company's approval. Company shall submit a written report of any delay where a bus falls more than 30 minutes behind schedule. This report will explain the delay and will propose solutions to .prevent future delays. Company drivers shall. Eollow the policies. stated in Exhibit B, "Driver's B -4 Code of Conduct ". SECTION 9. LICENSES Company shall maintain whatever State of California Public Utilities Commission licenses are required to perform the service described in this contract. SECTION 10. BONDS Company shall maintain a $200,000 performance bond acceptable to City to guarantee faithful performance of this contract. SECTION 11. INSURANCE Company shall provide City with evidence of insurance coverage for comprehensive general liability and automobile liability, including personal injury. Liability limits shall not be less than $5,000,000 per occurrence. City must approve the insurer. City, its board members, agents and employees shall additionally be included and insured against liability. Company shall provide City with evidence of full insurance coverage for vehicle collision damage on all coaches provided by City. Company shall notify City at least 30 days before cancellation or material change of insurance coverage. SECTION 12. RECORDS Company shall maintain the records (including maintenance records) and accounts which City requires. City shall have the right to inspect, at reasonable times, pertinent Company records. Company agrees to make these records available to City upon G U request.. N If required by any pertinent regulatory agency, Company shall present to City certified independent audit reports of its records, accounts, and performance. City shall reimburse Company for 50% of Company's extraordinary expenses incurred to present these reports. SECTION 13. INDEMNITY Company shall hold City, its board members, its agents and its employees harmless from any liability which might arise from Company's operations under this contract. Company shall also defend City, its board members, its agents and its employees against any claims for damage or loss which might arise from Company's operations under this contract. SECTION 14. SALE OR TRANSFER Company shall not sell, assign, transfer or delegate any rights, interests or duties it has under this contract unless City consents in writing to such action. SECTION 15. NOTICES All notices between City and Company shall be written and shall be sufficiently served if sent by United States mail, return receipt requested, postage prepaid and addressed as follows: CITY: San Luis Obispo Municipal Transit c/o City Clerk P.O. Box 32.1 San Luis Obispo, CA 93406 COMPANY: Cal Coast Charter, Inc. P. 0. Box 5625 Oxnard, CA 930.31 B -6 SECTION 16. COMPANY AS INDEPENDENT CONTRACTOR City and Company agree that Company is an independent contractor, that Company is not an agent of City, and that City shall not control Company's operat.ions except as provided in this agreement. SECTION 17. TERMINATION FOR-DEFAULT All terms of this contract are material. If Company persistently fails to perform by these terms, City shall notify Company of the default. If Company fails to remedy the default within 20 days of receiving notice, City may terminate this contract without further obligation to Company. If Company satisfactorily demonstrates that a default is both temporary and beyond Company's control, City will not terminate this contract for such default. SECTION 18. TERMINATION FOR CONVENIENCE City or Company may unilaterally terminate this contract, provided that the termination occurs after operating hours on the last .day of a calendar month. and that the terminating party notifies the other party at .least 12 calendar months before taking such action. City shall pay Company for all work satisfactorily completed before termination occurs. SECTION 19. CONTRACT AMENDMENT To modify the terms of this contract, both City and Company shall approve a written amendment to this contract. SECTION 20. SCOPE OF CONTRACT This contract includes the following documents incorporated by this reference and supercedes any conflicting provisions within them: Invitation to Bid Accepted Bid Proposal Performance Bond B -7 SECTION 21. FAIR EMPLOYMENT PRACTICES In performing this contract, Company will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry sex, age, or national origin. Company will take affirmative action to employ , applicants without regard for their race, color, religion., ancestry, sex, age, or nationl origin. This action shall include employment, upgrading, demotion, transfer, recruitment, layoff, termination, compensation, and training. Company shall post in conspicuous places notices outlining the provisions of this fair employment practices section. City may determine that Company has willfully violated the provisions of this fair employment practices section either upon receipt of a final court judgment to that effect or upon receipt of a written notice from the State of California Fair Employment Practices Commission to that effect. For Company's willful violation of this fair employment practices section, City shall have the right to terminate this contract. If such termination causes City loss in securing the services remaining under this contract, Company and its surety under the performance bond shall pay City for such loss. B -S O COMPANY BY: TITLE: President DATE : � 2 l 4_ ATTEST: CITY BY: 7BY TITLE: City Clerk Mayor ay DATE: oT �� DATE: 6.r APPROVE FORM AND LEGAL EFFECT: BY: / ( iC TITLE': ( -t ty 4 f /^ n±= 0 DATE: y- / 6 - 6 2 B -9 EXHIBIT "A" r,�l•+.ar 1 .,, •'�1 1 f s � 3{{ Y'4 �a �M. !,F'(S AN c Y Y F�F` 4 .(•�! �RAMONAr• 20 sr •a. < p�. < 't 'i $v ��� �``��h � `'zy��0"{+�5�, ??- �2���� '� t���,'v . a,� �i..: u, e "�`��y�`�.�'(r•''•r cm xnu MaN sror " "l�gµr 48 4' J[F? h 3 Ar sa ' a �''q��g +y LV ; 52;.to,Poty /Foothi8 � ,, �,.�"' �,c,:t; � •+�'�`�' � , �� � Lv 28 to Johnsoh =;>��'�, 4 / r �T'Y , �� ,� • , � Atz 1;;, � � �Y��f � 4 it �+ �� jY•, yr �+ Q V' �. ', �� �A to �� � � ; �.s1 1 '''•-.FFY ` .M S ry �C' ZF.•y^r`C'a �i..L"VzU "+" Yt � sG� + fix' ra-t ] ,a� 3�.i. �Yc •}•,yam. ]ZOMel 'OnV Rl� 4j�1 J �' •' ' �pC.= �� G �n"'d ,, �.•�; r k': 1 i:J. v2 Y 1 r ' l •r-T V } Ff Operates Non Frt�ONLYt LV :52 �.HBB'' i 1 SaJTN F 9 Zr �^ i r7 +: K 55 MN ®Grand w� iI�" Doty Vista Grande •! Ar Oo Poty :clock Towa� "-i,�y,.�' �� � , { ,srAno�v ,1 , *`F � -•, � rx Lv 051Po1y° Clock Tower.*- ,- * ,, � w``' r �-�-4 x V6v.Y �q p �t .I Sams Rosa f001h1U `f x ^!fy h �f � r All -s,a. ,- `� 2T0 7 iuh0otihioil:l 4 ® FPoaottrhldill 3 . z» � '�^' ` '�` -" ? •s >: '^`t% ?;t„, r, N � i � s± vys� v,�i r '' ,. r • •' }. + *r 5 -y Sp a +FF: .7 is i 2r Af :22 City. Hag' Lv .28 .City +.:30 osos @- arstl :32 Mafsh'� Johnson _ N i T x14r. p rF '{r r •� tX " 34 Johnson Bishop ;37. Augusta;® Laurel '.' ''M i s v� w Fir, r •� 39 Johnson_® Southw�d Al Orcutt ® Broad .44 O.ios ®:Ceti � V -�. d 'e 7 4� 1.3 l.�e c p rr•f, •� r � 0. -c-.-:46 S" Rosa ®Hlguera Ar 48�CftyHaO� : c _., �, .. x �L.�s,.,,a �,�k.• a- r. ��-. i -10 EXHIBIT "A" (continued) ,� 'a iz "• c., V fl r r „Y•L .L , ° �, :ti GALS HOLY z 3F� r .., � , Q 1p, r.' } CNY"{.d Q /OGNLAND' :x,.,,• ".� r� °ni`. ";*,^a4`r'x�';` yk' N `Z- r ,/ V �, Tii.. ,. yr '�''' f✓ 5 r"t;`I+71'F i yT✓+�, yyJ C ?hyS rq°.,N.y "� 3 �.� - �e�'€,` �Q . �, 9= .rrta = a .e-.•. ,G+, r�C:'^�-S�.Mu•TO.,�( -^i 's!'SY� T�� 6 r . ,c L5F v� 4 '34 � 7 °Y 4 ✓ t .Frt[5"'.a �a�f Y "t*;X �* • . ° j.. ,R. -.! Y]^]°/}2_. 6 /�.� r .`'. r n O 'F � .�U' � � y:•J�.�t''��' t]� •" f'fF S "h N y` t� �. ✓� �V . �v / c,,, �Q1A �' 6 ;29 D F.:.., _ `143j• ��''J� J}'f .+n;. 'a� Y s f ;�.'� � 2 ��."�rCr s r n '. mil" f/ / '�C' .G � xy`o !r ✓r'k"} M �i,...s .t „ 4r'�f � i ° �,''4•�!'�y'f ^Ct� G�t L O °r. f c ��.0 ^tr-�i n'345i ('! �wzr''R IN 1. i ./.� s✓ s a'S�. -1� y 7';�r1• ; rq�,'�, '7 NKr^'. -s". j �. x tf` -s•k -. <?vrL i"' A f �, L -�.t'd C `3 +'1 r- ?�' G °7`CV ^f %.�I -• �°{-''r�- :+ s'Cr"rz. — ,;��,�r,�p- .�t- �'.,4,, CITT *NALI; MAIN STOP < .• �; �; � ,s"� tom'•.�✓•��' ' <•�r wl *Vi'`'i '!s�'� -! ✓. I.V� 52201,Ilna. lr>yi w ,'•r 1'x''S%n�1 ivrAF th ,, e5 Y E.p'fL1# �S�irfi 20., r Vd a ,t, /f/oly � �, � 1b \w# � a i' r_4 »`v I'll �' 114 < �' } }ri- ,�'�^' �.,rtk�:,if_ ,^sy`:�yCC- >`'"..•?hCY3K� Q r SV\ ' .:c,.F•i ✓�.�i4^ >�i `n Tq t F�T7• ��� - ?�y('7.:. r `.. 4 f a'. �k7 ;n {y ? ✓fir 55 v A Lt� WK �. y�v ?�, ?��-,'i+ }.��.�',w�'� ••��,�',�4 �s. Q :18 A 9.� -�'k��.sw�.'J z'F�: a•Cy�r i'. �`I` 'c�•µ'YesDC+7 �h xy�'W.�^ M.,4y �ir" �J� .r r F•) �'0 :. 3,�,2�7 i.. 1 wi My2 u SO LAGUNA t 5 Z� ?, �y,, r nj � . ' � J'v�'' 9C; 2 ^. c, �J� °t• Qng � .f"•C Y���?y x_ � r`�� 4 !�sRfYNOCibD �`'.. {.s,�4 .e✓ ft1•.4 r 110 U., r :05 f�°` t s •� ` 1 rh "t3 +,"_ 05 tA5 _U503 ®iPIBiiIfI1D r.�,b. QQ`` '• :14 08 Los,t)sos Madonnan` ". 14 MaoOnna Plaza f loci" J� ' r ° 18 Marsh Broad` ' 20 Sant_R' ' "am i ra' t Lv 26`-C NQ 29 Santa�Rosa_'� foothill „: m �4' Z 34 htdda 6T > r < ` yr r'., � ,• � RUN �. � a � 39 PoIy ;�,ClocicTTower , +� r :. ' ', ; ,� •; � ; 5.,.45 :Grant r A`r 48 Ciry'Ha0 - B -11 EXHIBIT "A" (continued) B -12 I {� EXHIBIT "A" (continued) B-1 ') rte; EXHIBIT B DRIVER'S CODE OF CONDUCT 1.. The driver shall wear the Company uniform and appear neat and well groomed. 2.. The driver shall unless such act 3. The driver shall 4. The driver shall 5. The driver shall in the farebox. try to accomodate riders' reasonable demands, ion violates established policy. aid elderly and disabled riders when possible and safe. notify passengers when transfers are required. ensure that passengers place the ;proper fare 6. The driver shall count all passengers boarding except those who present transfers. 7. The driver shall operate the bus safely and legally. 8. The driver shall ensure passengers are seated before pulling out from a stop. 9. The driver- shall ensure the bus stays on schedule but never ahead of schedule. The driver should use any layover time scheduled to offset traffic delays. 10. The driver shall prepare a written report of any delay over 30 minutes, any bus malfunction, or any accident. 11. The driver shall submit suggestions for service improvement to the Transit Manager via the Company Manager. 12.. The driver shall understand that any failure'to observe this Code of Conduct is cause for dismissal after two verified infractions. Willful failure is cause for immediate dismissal. B -14 RESOLUTION NO. 6106 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO GRANT A FRANCHISE TO SAN LUIS GARBAGE COMPANY FOR COLLECTING AND DISPOSING OF SOLID WASTE WITHIN THE CITY OF SAN LUIS OBISPO WHEREAS, public health and safety demand the orderly and periodic collection and disposal of solid waste from properties within the City of San Luis Obispo; and WHEREAS, city officials and staff have determined that an exclusive franchise granted to a private company is the most effective and efficient way to collect and remove solid waste within the city; and WHEREAS, San Luis Garbage Company has provided solid waste collection and disposal service within the city for more than 40 years without interruption; and WHEREAS, during public comment periods concerning solid waste collection and disposal, most respondents expressed satisfaction with the service provided by San Luis Garbage Company; and WHEREAS, renewing the franchise held by San Luis Garbage Company would ensure the continuation of effective and efficient solid waste collection and disposal service; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To declare its intention to grant a franchise to San Luis Garbage Company for collecting and disposing of solid waste within the City of San Luis Obispo, with the overall term of the franchise to be ten years; M • 1• ( 1 Resolution No. 6106 (1986 Series) Intention to Grant a Solid Waste Franchise SECTION 2. To set the public hearing for granting this franchise within the Council meeting scheduled on Tuesday, December 2, 1986 at 7:15 p.m. in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California; and SECTION 3. To direct the city clerk to publish this resolution at least once within 15 days of its passage in a newspaper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 28th.day of October, 1986. ATTEST: r YOR RON DUNIN CITY LERK PAMELA VRGES APPROVED: au .Q s ^� CITY ADMINISTRATIVE OPFICEU CITY A TORNEY' PUBLIC woRRS DIRECTOR &6.62 pdael- -IT� F-I l e- Rom� 0 f�) RESOLUTION NO. 6105 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 1380 (LA PARRA JOINT VENTURE, SUBDIVIDER) WHEREAS, the Council made certain findings concerning Tract 1380 as contained in Resolution No. 5954 (1986 Series), and WHEREAS, savings account assignments in the amounts of $87,000.to guarantee faithful performance, and $60,000 to guarantee payment for Labor and Materials in accordance with the subdivision agreement are on file, and WHEREAS, the Community Development Director has approved the change to allow 16 airspace condominium units instead of 14, pursuant to Municipal Code Section 16.16.140, and WHEREAS, the County of San Luis Obispo has granted an access easement to Bishop Street, and WHEREAS, all other conditions of Resolution No. 5954 (1986 Series) have been met and the final map is in substantial conformance with the approved tentative map, NOW THEREFORE BE IT RESOLVED, this Council hereby grants approval of the final map of Tract 1380 and authorizes the Mayor to execute the agreement. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None R 6105 Resolution No. 6105 (1986 Series) Page Two. the foregoing Resolution was passed and adopted this 28th day of •.. MAYOqR—;-7 DUNIN ATTEST T CITY CLERK PAMELA VOGOS APPROVED: City Administrative OtficeW ICi y Attorney I/& &,,&, F. U. UU Community Development Director City gineer jk3 /t1380fin by STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 28th day of October, 1986 by and between La Parra Joint Venture herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 1380, City of San Luis Obispo, California, as approved by the City Council, on the 28th day of October , 1986 . The Subdivider desires that said Tract 1380 be accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3• WATER MAINS and SEWER MAINS, including sewer laterals to the . property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance, with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting.in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement 2 Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council and has paid the required fees: 1. $5,000.00 for improvements to downstream drainage facilities in accordance with Resolution No. 5775 (1985 Series) Item E. 2. $6,000.00 toward the cost of changes of the Johnson Avenue /Bishop Street traffic signal and install conduit and signal wiring per Item B of Resolution No. 5775 (1985 Series). 3. The Subdivider shall complete offsite improvements to Bishop St. per Item A of Resolution No. 5775 (1985 Series). The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. 3 J The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $87,000.00, which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the value of the total public improvements (10% of 120,000 = $12,000), that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City'Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 4 complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the total value of subdivision improvements in accordance with State law. (50% of 120,000 = $60,000 Said Subdivider has deposited with the City the sum of $3,000.00 from which deposit the City will pay the salary and expenses of planchecker and inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $3,000.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. 5 It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed byr La Parra Joint Venture bv: LA PARKA GROUP LIMITED, a Califonria Limited Partnership by its General Partner CTUS PATCH, General Partnership CITY OF SAN LUIS OBISPO /SUBDIVIDER= ,,Calif. /7 r-ITMTR RON DUNIN 72j, CI CLERK pAME OGES Approved as to form: 11.1&ti �4 y Attorney City Engineer Agr -1380 by 11 General Partner itle James V Harrison al Partner General Partner N e John V. Kuden Title & CO., a California Corporation President Name Pa ick N. Smith Title ���� ��� . � _ �vf � Y RESOLUTION NO. 6104 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WALTER BROTHERS CONSTRUCTION COMPANY, INC., REGARDING A TRAFFIC SIGNAL AT PRADO ROAD AND SOUTH.HIGUERA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit 1 and incorporated herein by reference, between the City of San Luis Obispo and Walter Brothers Construction Company, Inc., 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: Walter Bros. Construction Company, Inc., City Engineer, City Finance Director. On motion of Councilwoman Dovey , seconded by Councilwoman Rappa. and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th day of October 1986. MAYO IN ATTEST: CITY OLERK PAMELA VOG S MEL R 6104 Resolution No-6104 (1986 Series) Page Two. APPROVED: City Administrative 0 fice A.- City At 0 rney City Enkineer Finance Direc jk3 /extension by C AGREEMENT EXHIBIT 1 This Agreement was made and entered into this 28th day of October 1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter referred to as "CITY" and WALTER BROTHERS CONSTRUCTION COMPANY, INC.., hereinafter referred to as "DEVELOPER "; jointly referred to hereinafter as the "parties." DVS TM>rc The parties enter into and execute this Amendment to Agreement with knowledge of and reliance upon the following facts: 1. The City Council of the City of San Luis Obispo, pursuant to Resolution No. 4269 (1980 Series) granted DEVELOPER a use permit (U0794 -A), which set forth several conditions allowing construction of a three -story .social services office comples at 3220 S. Higuera Street. 2. Two of the conditions required DEVELOPER to make certain payments to CITY regarding proposed future traffic signals. 3. On March 29, 1982, the CITY and DEVELOPER entered into an agreement whereby DEVELOPER agreed to submit a bond to guarantee the traffic signals in question in lieu of a cash payment as required by the City Council Resolution. The agreement further provides that in the event either or both of the traffic signals in question were not installed by CITY within two years of the date the agreement was entered into, the DEVELOPER would either pay to CITY the respective monies, or request an extension of the agreement. A copy of the agreement is attached hereto as Exhibit "A ", and incorporated herein by ,his reference. n 4. On January 3, 1984 the City approved an extension of the agreement to March 29, 1986. The Developer subsequently installed the traffic signal at Margarita Avenue pursuant to an agreement adopted April 2, 1985 per Resolution No. 5648 (1985 Series). 5. The time for performance under the agreement has passed and both parties desire to renew the agreement with respect to the proposed traffic signal at Higuera Street and Prado Road. 6. DEVELOPER hereby requests a new agreement to provide for the bonding of the Prado Road traffic signal. AGREEMENT NOW, THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein and subject to all the terms and conditions hereof, the parties agree as follows:. A. The parties agree to renew the original agreement (Exhibit A) on the same terms and conditions contained therein regarding the Higuera Street and Prado Road traffic signal with the exceptions listed below in paragraphs B. and C. B. CITY agrees to extend the termination date of the March 29, 1982 agreement by two more years, to and including March 29, 1988. The Margarita Avenue traffic signal bond is hereby released. C. DEVELOPER agrees to submit a bond approved by the City Attorney and in favor of the CITY, and conditional upon compliance with this Amendment to Agreement. The bond shall be in the initial amount of ten thousand eight hundred dollars ($10,800.00) which is the estimated share (15 percent) of the cost of traffic signals.. The bond shall provide for adjustment to reflect actual costs at time of installation. If DEVELOPER fails to submit an acceptable bond, this Amendment to Agreement shall terminate, and shall have no further force or effect. CI IN WITNESS WHEREOF, this Amendment to Agreement has been entered into the date and year stated above. CITY OF SAN LUIS OBISPO YI� —RON DUNIN ATTEST:. CITY CLERK PAMELA VOG DEVELOPER WALTER BROTHERS CONSTRUCTION COMPANY, INC. By: jk3 /extension by Pr Secretary 9 0 ACREEMENT f This agreement dated this 29th day of ...'arch _ 1982 by and between WALTER BROTHERS CONSTRUCTION COMPANY, INC., herein referred to as "Developer" and the CITY OF SAN LUIS OBISPO, herein referred to as the "CITY ". WHEREAS, Developer has been granted a Use Permit (U0794 -A) pursuant to I :itv Council Resolution No. 4269 (1980 Series) which sets forth several conditions to allow construction of a three -scary social services office complex at 7220 South Higuera Street; and - WHEREAS, two (2) of the conditions (4 and 5) of the use permit require Developer to I. Pay cc City, thirty -five (35) percent of the total Cost (current estimated total cost o $86,000) of proposed future traffic signals at the intersection of South Higuera Street and Margarita Avenue, and 2. Pay to City, .fifteen (15) percent of the total cost (current estimated total cost = $86,000) of proposed future traffic signals at the inter- section of South Higuera Street and Prado Road; and !WHEREAS, Developer desires to submit a bond to guarantee cite above - mentioned traffic signals in lieu of cash payment as required per said resolution. t:0!: THEREFORE, in consideration of the foregoing, Developer does hereby arree to pay, upon demand by City, the respective above - mentioned monies ralculaced by the City Engineer, within sixty (60) days notice thereof. in the event either•or both of the respective traffic signals are not ..,stailed by Cite within two (2) .-cars from the date, DCVCi0Per +hall e.thl:, ;:av to Cit, the respective :rooks, 01', requcs: :u: exe,msion Of ti:i- Az:-!emen', be :he City Council. Any extenSion of titn, itt.,under shall Tot operaL, . %' :,as, :he :.:rely fl1Ud pur5uaat i (his 'grevmcni. ... thl•: iUnnClt iOn tit,• ......:c .., :i vi> ...� prrvis.on, ,. S11111tn 2819 �•I :la (:ici. ,:.0 :furnia. i)c relo::er act ac hua hereto. and ns :,:: .'otter al par: hereof, an,: ::< >eru :'it., fo: the performance of this .Agreement, la Sun6` approved by and favor of the City, and conditional upon cumplian<:c with thi!; al;r cement, whit!: said bond is in the initial amount of 543,000, and which is in the amount of !'.r pre sane os[i ^aced share of the cost of said imp io cmunt :. ($3U, ;:111 for ria rgari_.. .Avenue: S1 ?.,900 for Prado Road). Said amounts shrill be adjustud ref acct actuai costs at time of ;:i I :n.11at ion. I_,.f f , r City shall install the respective traffic signals when sufficient funds are available. It is understood and agreed by and between the Parties hereto chat this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. That certain agreement dated February 18, 1982 by and between the .Parties hereto, approved by the City of San Luis Obispo by Resolution No. 47:2(1982 Series) hereby is rescinded and is of no further force and effect. IN WITNESS WHEREOF, this Agreement has been executed by.: ? tnday of i4arch ,1982 WA .BROTHERS CONSTRUCTION CO., INC. - Pre ident .approved as to .form: .j 1. l CITY ATTORNEY 1 -" day of �a "" CITY ENCIYEER -- WALTER BRO ERS CONSTRUCTION CO., IN Secretary M J RESOLUTION NO. 6103 (1986 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: The attached Traffic Work Orders for the period of June 1, 1986 through September 30, 1986 are hereby approved. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Rappa NOES: Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted this 1986. ATTEST':,, CITY CLERK PAMELA V ES ii APPRO D: nn__ Lei. City Administrative Off cer bl3 /wrkordrs by 28th day of October R'6103 F-i/eo I����������INIIIIII�III�IIQIU " ,�k COUNCIL C�i .7 of San L_ .I5 OBISpO �: ENDA REPORT MEETING DATE: October 28, 1986 . FROM: David F. Romero Public Works Director Wayne A. Peter City Engineer Prepared by: Barbara Lynch Engineering Assistant /Traffic SUBJECT: Traffic Work Orders for the Period of June 1, 1986 through September 30, 1986. CAD RECOMMENDATION: Adopt resolution approving Traffic Work Orders for the period of June 1, 1986 through September 30; 1986. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. One -third were requests for red curbing, one - quarter were striping changes, one - quarter were for signing changes, and the remainder were signal and parking changes from the public and staff. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of June 1, 1986 through September 30, 1986. Attachments: Completed Traffic Work Orders available in the Council Office for inspection. (June 1, 1986 through September 30, 1986) bl3 /wrkordrs by C,s'- I RESOLUTION NO. 6102 (1986.Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE LIST OF CITY EMPLOYEES AND COMMISSION MEMBERS REQUIRED TO FILE A CONFLICT OF INTEREST STATEMENT AND RESCINDING RESOLUTION NO. 5874 (1986 SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Designated city employees and commission members listed on the attached Exhibit "A" shall be required to file a Conflict of Interest Statement with the City Clerk. On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th day of October , 1986. ATT ST: CI Y CLERK PAMELA OGES trative Officer y Clerk OR RON DUNIN R 6102 C DEPARTMENT POSITION TITLE 0 DESIGNATED POSITIONS* EXHIBIT "A" Administrative Office: Assistant Administrative Officer Assistant to the CAD Transit and Contracts Coordinator Executive Secretary City Attorney: Assistant City Attorney City Clerk's Office: City Clerk Community Development Dept. Director of Community Development Principal Planner Senior Planner Associate Planner(s) Assistant Planner(s) Chief Building Official Plan Check Engineer Building Inspector(s) Administrative Assistant Finance Department: Director of Finance Assistant Treasurer Chief Accountant Financial Systems Manager Fire Department: Fire Chief Battalion Chief (Fire Marshal) Fire Captain (Prevention) Fire Prevention Inspector Personnel Department: Personnel Director Personnel Analyst(s) Secretary I (Confidential Employee) Police Department: Chief of Police Police Captain(s) Police Lieutenant(s) Technical Services Coordinator Public Works Department: Director of Public Works Administrative Analyst Utilities Engineer Streets Manager Parking Program Coordinator Building and Parks Manager Utilities Manager Public Works Inspector(s) Sewer Source Control Technician City Engineer Supervising Civil Engineer(s) Engineering Assistant(s) Engineering /Field Supervisor Surveyor r r; J Recreation Department: Director of Recreation. COMMITTEES /COMMISSIONS Architectural Review Commission Housing Authority 'Or as hereafter may be reclassified. NOTE: Temporary positions may be required to file a Conflict of Interest Statement upon determination by the City Attorney that the temporary position is the functional equivalent of a designated position. City Councilmembers, Planning Commissioners, City Administrative Officer and City Attorney are required to file pursuant to State mandate using Form 721 and are, therefore, not shown as designated positions by the City. tic.. it it -43 tF C it y Of sAn LUIS oa spo Resotutlon of appreciation RESOLUTION NO. 6101 (1986 Sende6 ) A RESOLUTION OF APPRECIATION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RECOGNIZING PUBLIC WORKS DIRECTOR DAVID F. ROMERO FOR 30 YEARS OF FAITHFUL SERVICE. TO THE COMMUNITY WHEREAS, David F. Romero commenced wonk.i,ng $on the City o6 San Lu,,6 Ob.L6po on July 1, 1956, with. an ou t6.tan.ding 6atany o6 $655 pen month; and WHEREAS, he ha6 6enved " City Eng.i,neen, Pub44c Wonh6 D.ineaton and, on occa6ion, acting City Admin,izt&ati.ve 056icen; and WHEREAS, he.ha6 attended 1,080+ City Councit Meeting.6 duni.ng h.iz .tenure; and WHEREAS, he ha.e worked with 8 Mayou; 29 Councitmembeu; 3 City Adminiztkati:ve Ob6.i.ceu and one .cnten.im Admini,sttat ve 066.icen and WHEREAS, on Ju.ty 1, 1986, he comp,teted 30 .yeau o6,6aith6ut 6env.ice to the City o6 San Lw:A Obispo; and WHEREAS, he e.taim6 he wa6 tatt., dank, hand6ome and 6ZexibZe, on Juty 1, 1956; and WHEREAS, he cZa.im6 it au the 30 yeah.6 o6 .6ehv.i,ce which has ne6utted in hi.6 eu.ent state; NOW, THEREFORE, BE IT RESOLVED by the Councit o6 the City o6 San Luiz Ob.i,6po that the community thank6 Dave bon att hiz eb6oni6 in providing the va6t array o6 pub&i.c wonfz6 pno1ect6 and 6envi.ces and be it 6uAthen ne6oZved that Counca wi.6he6 him the best 60n .the next 30 years. On motion 06 Couneiewoman Davey, 6econded by Councitwoman Rappa, and on the 6ottowing utC catt vote: AYES: Counc;ilmembeu Dovey, Rappa, Gn .66.in., Settee and Mayon Dunin NOES: None ABSENT: None the 6onego.eng Resotuti.on o6 Appreciation waz adopted th z 28th day o6 OetobelL, 1986. PA&A�g Oat ® e CITI CLERK PAMELrOT - RESOLUTION NO. 6100 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM CREEKSIDE HOMEOWNERS ASSOCIATION OF A DECISION AND ORDER OF THE MOBILEHOME RENT REVIEW BOARD DATED JUNE 5, 1986. WHEREAS, in accordance with the Mobilehome Rent Stabilization regula- tions, Chapter 5.44 of the San Luis Obispo Municipal Code, the Mobilehome Rent Review Board ( "Board ") received an application for a rent reduction by the Creekside Homeowners Association ( "Association "); and WHEREAS, the Board conducted two public hearings on April 28, 1986 and June 5, 1986, to receive evidence and hear testimony and make findings on; and WHEREAS, the Board denied the request on June 5, 1986; and WHEREAS, an appeal was timely filed, and WHEREAS, in accordance with Section 5.44.110, the Council held a public hearing on September 22, 1986, to consider the merits of the appeal; and WHEREAS, the Council has carefully considered all relevant evidence, testimony, facts and circumstances and arguments in this matter. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council adopts the findings 1 through 6, and 9 contained in the Decision and Order of the Board dated June 5, 1986, and further agrees to modify conditions 7 and 8 to delete and replace as follows: 7. The U.S. City Average CPI Index should be used until the tenants agree otherwise or the ordinance is otherwise amended. 8. The fair and equitable mechanism for the park owner to recover incremental water operating and capital costs is through the rental rate. SECTION 2. The appeal by the Creekside Homeowners Association is hereby upheld. On a motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Rappa and Mayor Dunin NOES: Councilwoman Dovey ABSENT: None. R 6100 Resolution No. 61C 1(1986 Series) Page 2 the foregoing Resolution was passed and adopted this 13th day of October 1 1986. YOR RON BWN ATTEST: CI CLERK PAMELA E x x * ** x x x* * ** x CITY ADMIN.ISTRAT CITY A ASSISTANT TO THE CITY ADMINSTRATIVE OFFICER l MOBILEHOME RENT REVIEW BOARD FINDINGS JITHE S, 1986 1. The Board considered the Creekside Tenants' Association application as a "package" and not simply a listing of thirteen individual complaints lodged against the owner. 2. The Board acknowledges that the application from the Creekside Tenants' Association requested a "rent reduction" based on an alleged reduction of services at the Creekside Mobilehame Park - -- 3. The Board finds that staff negotiated six items -ors grievances to terms that have been accepted by both parties including: A. Street sweeping services B. Shuffleboard area C. Billiard cues D. Jacuzzi area E. Trash pick -up F. Sonic cable service. 4. The Board finds that violations of Chapter 5.44 of the San Luis Obispo Municipal Code have not occurred regarding the following complaints by the Tenants' Association: A. Laundry Facile: The laundry facility is more than adequate for the usage by the residents. The fees for the machines are reasonable and the water temperature is sufficient. B. Swimming Pool Temperature Inconsistencies: The owner has demonstrated that water temperatures are currently consistent with historical temperatures. C. Resident_Perimeter Fences: Current tenants in mobilehomes with perimeter fences are not required to alter them. The fences are to be altered to conform with park regulations when a coach is sold only. 0. Creekside Street Maintenance: There is minimal street and some driveway maintenance that could occur that the owner acknowledged would improve the park. However. the Board felt the problem at this time did not constitute a decrease in service. .. - 5. The Board finds that some of the issues -raised by the Creekside residents may well have been violations of the Mobilehome Residency lations of the Laws (California Civil Codes), Section 798 and �- v- io Rent Stabilization Ordinance.. 6. The Board finds that Mr. Ed Evans, owner, Creekside Mobilehome Park, has agreed to allow state officials to inspect Creekside Mobilehome Park for violations of the Mobilehome Residency Act (Cal. Civil Code Section 798). 7: The Board has /recommended to the Council a clarification of the Consumer Price Index (CPI) provisions of Chapter 5.44. The Board will use the Southern California CPI (LA /Long Beach /Anaheim: Urban Users) as the basis for determining allowable annual CPI increases. 8. The Board finds that it is reasonable for the owner to install individual water meters for conservation. Further, based on the past three -Year `history of water use at Creekside Mobilehome Park, and taking into account water use which is attributable to the common facilities of the park such as landscaping, a reasonable water use per doublewide and 610cf /mo. per credit for the residents is 660cf /mo. singlewide. 1 9. The Mobilehome Rent Review Board was not presented information by the Tenants' Association that they had requested and been denied a meeting with the owner /management to resolve their complaints, which is required under the Mobilehome Residency Laws. Based on the above findings, and in light of all evidence, the Creekside Mobilehome Tenants' Association request for a rent reduction is denied. n ������ ��% ��%E� b'U�o4� � � �rrahs i