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HomeMy WebLinkAbout1974-07-02; City Council; Resolution 34521 2 5! c. 4 E c. E 'i € s 1c 11 12 1: 14 1E 1E 17 1E 19 2c 21 22 22 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDED INTERIM SALARY PLAN FOR FISCAL YEAR 1974-75 WHEREAS, the City Council through the City Manager as part if meet and confer negotiations with the Carlsbad City Miscel- Laneous Employees' Association, agreed to amend the basic salary schedule for five positions; and WHEREAS, this agreement was included as Item No. 2 of a temorandum of Understanding, dated May 30, 1973, between the :ity of Carlsbad and the Carlsbad City Miscellaneous Employees; WHEREAS, it has also been determined that the position of ;arage Attendant is not in line with comparable positions in >ther cities; and WHEREAS, it has been the policy of the City to rectify ;ignificant discrepancies in salaries where noted; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the "City of Carlsbad Classification and Salary Range Schedule Fiscal Year 1973-74" adopted for the City by Resolution No. 3297, which was adopted as the Interim Salary Plan for Fiscal Year 1974-75 by Resolution No. 3444, is hereby superseded by an amended schedule attached as Exhibit 'A' hereto and incorporated by reference herein, said schedule shall be the Interim Salar: Plan in accord with the terms of Resolution No. 3444. /// /// /// and J, 2 3 4 5 6 7 8 9 10 11 1; 1: 14 l! 1( 1' It 1: 2( 2; 2; 22 24 2: 26 27 2e 29 30 31 32 I PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of July 1974,by the following vote to wit: I AYES : Councilmen Frazee, Chase, McComas and Lewis NOES : None ABSENT: None 4TTEST : (SEAL) -2- &&IC&* RO ERT C. FRAZEE, yo ! i -0 FIRST SUPPLEMENT TO AGREEMENT FOR A. T. & S .. F. RQILROAD OVERCROSSING AT POINSETTIA LANE - THIS AGREEMENT is made and entered into this 9 &! day of July, 1974, by and between OCCIDENTAL LAND, INC, a California corporation, hereinafter referred to as "Occidental", and CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City" ; WITNESSETH : WHEREAS, City and Occidental entered into that cer- tain Agreement dated August 14, 1973, and entitled "Agree- ment for A.T.& S.F. Railroad Overcrossing at Poinsettia Lane", on file in the office of the City Clerk, incorporated by reference herein and hereinafter referred to as the "August Agreement". Said August Agreement provided for the construction of a four-lane grade - separated overcrossing for Poinsettia Lane at the A.T.& S.F. Railroad line in the City of Carlsbad, hereinafter referred to as the "Project", and obligated Occidental to contribute to the cost of the Project or,in any event,to construct a two-lane overcrossing and approaches thereto at Occidental's expense: and WHEREAS, City did, pursuant to paragraph 5 of said August Agreement, make application for State of California Grade Separation Funds, and said funds are available to City until on or about November 26, 1974; and WHEREAS, pursuant to paragraph 4 of the August Agreement, City made application, pursuant to the California Coastal Zone Conservation Act of 1972, to the San Diego Coast Regional Commission for a permit to construct the Prcject; however, said application was denied; and WHEREAS, at the time the parties hereto entered into szid August Agreement, the parties did not contemplate i, disapproval of the Project by said Commission and did not provide for that eventuality; and WHEREAS, neither City npr Occidental can predict whether approval can be obtained for said Project from said Commission at some time in the future or whether an exemp- tion can be obtained, or whether the California Coastal Zone Conservation Act of 1972 will be sugerseded upon its expira- tion with another coastal conservation act which would allow the Project,or whether some other way to proceed can be found; and WHEREAS, Occidental had secured tentative map approv- al for CT 71-2 covering a portion of the property subject to the August Agreement, and said approval was conditioned upon the execution of a secured agreernent for participation by the developer of CT 71-2 in the construction of the Project; and WHEREAS, Occidental and Sequoia Pacific Realco re- quested final tract map approval on a portion of Map 71-2, more particularly described as Lots 5 and 6 of Tentative Tract 71-2, also known as CT 71-2, Units Nos. 1 and 2; and WHEREAS, in order to satisfy the conditions appli- cable to CT 71-2 and thereby secure said map approval, was necessary to provide, through bonding and cash deposits, for Occidental's participation in the Projeck; and it WHEREAS, because of the problem with the San Diego Coast Regional Commission, the August Agreement was not considered a suitable vehicle to satisfy said ccnditions; and WHEREAS, City and Occidental desired to modify the August Agreement to preserve the opportunity to construct the Project as contemplated in said Agreement, taking the extant circunstances into account, while insuring the ulti- mat:e ccnstruction of the two-lane overcrossing at Occidental's 2. .. . .. -. ,e \ expense, and at the same time to provide a means to accom- modate final map approval of Lots 5 and 6 of CT 71-2; and WHEREAS, time constraints necessitated an interim agreement to accommodate said map pending finalization of a comprehensive amendment to the August Agreement; and WHEREAS, City and Occidental modified the August Agreement by entering into that certain Agreement dated May 21, 1974 and entitled "City of Carlsbad Subdivision Improvement Agreement (A.T.& S.F. Railroad Overcro,ssing at Poinsettia Lane) on file in the office of the City Clerk, incorporated by reference herein and hereinafter referred to as "Modified Agreement", Said Modified Agreement changed some of Occidental's obligations in regard to the Project on interim basis; and WHEREAS, the Modified Agreement provided that Occidental and City would enter into negotiations in order to reach accord on an amendment to the August Agreement which would provide for construction by Occidental of the Project, or some other overcrossing at the site, and would take all current developments into account; and WHEREAS, City and Occidental have completed said negotiations and desire to memorialize their understandings in the terms of this First Supplement to the August Agree- ment; and WHEREAS, this contract will supersede the Modified Agreement and will, taken together with the August Agree- ment, memorialize the agreement between City and Occidental in regard to the Poinsettia Lane-A.T.& S.F. Overcrossing; NOI?, THEREFORE, the parties hereto agree as follows: 1. Occidental's obligation to deposit funds for the Project, pursuant to paragraph 6 of the August Agreement, is delayed pending receipt of Coast Regional Commission approval 3, - I" I- \ of the Project. Marc3 30, 1975, upon receipt of notice thereof Occidental shall make the deposit and the parties shall proceed in If such approval is received prior to accord with the balance of said Agreement. 2. Occidental shall use its best efforts to secure Coast Regional Commission approval of the Project through a pe-rd-t or claim of exsmption. 3. Occidental's obligation to pay a portion of the total cost of the Project is estimated to be $259,000. 4. 5. The Modified Agreement be and is hereby rescinded, Within sixty days of the date the final map for Lots 5 and 6 of CT 71-2 was recorded Occidental shall deposit with City a cash deposit in an amount computed by multiplying $259,000 by the total acreage included within the said final tract map, and by dividing the resulting multiplicand by 349, the total number of acres within Occidental's master plan area as shown on the map marked Exhibit A attached hereto and incorporated by reference herein. 6. At such time that a final tract map or maps are presented for approval for the balance of the acreage within CT 71-2 or for any part of such acreage or for CT 73-24 of for any part of the acreage within the boundaries of CT 73-24, Occidental hereby agrees to deposit with City a cash deposit in an amount computed according to the formula set out in paragraph 5 hereof. prior to action by City on the requested final map approval, Said deposit shall be made 7. Occidental agrees to make deposits in accord with the paragraph 5 formula in connection with the subdi- vision of the remaining master plan property shown on Exhibit A and not within CT 71-2 or CT 73-24. Occidental consents to such condition being imposed on said property 4. / 0 i which will run with the land and also be an obligation of Occidental's successors in interest, if any, or in the alter- native, consents to the formation of a bridge benefit area to accomplish the construction of the Project. Said deposits shall be made prior to approval of the final map. portion of the master plan acreage is not subdivided but is otherwise developed, Occidental shall make the deposit If any for such acreage prior to the issuance of building permits. 8. City shall hold any funds deposited pursuant to this Agreement in trust to be used for construction of the Project or the two-lane overcrossing or some reasonably similar construction to the same purpose at the Project location. City shall deposit or invest said cash funds in interest-bearing obligations or interest-bearing accounts in an effort to maximize the yield thereon in institutions regularly utilized for investment of City funds. 9. In the event City is unable to obtain within ten years from the date hereof the necessary approvals to con- struct an overcrossing, then said cash deposits, together with interest actually earned thereon, shall be refunded to Occidental. 10. Should City obtain the necessary approvals to construct an overcrossing, said funds, including any inter- est actually earned thereon, shall be utilized by City to pay the costs thereof. 11. Occidental will secure performance of the August Agreement and this First Supplement thereto by furnishing a surety bond in the amount of $259,000 to City, Said bond shall run for a period of one year commencing May 21, 1974. Occidental has heretofore furnished City with a $40,000 faithful performance bond in connection with the August Agreemznt. Upon the receipt and acceptance by City of said 5. $253,COO bond, City shall release and fully exonerate the $40,000 bond previously filed with City. tion of the $259,000 bond and prior to its exoneration by City, Occidental shall furnish City with a surety bond securing Occidental's performance hereof in an amount com- puted by deducting the acreage for which deposits have been made fron the total master plan acreage and applying the paragraph 5 formula to the balance. renewed from time to time as necessary until all deposits are made and Occidental's obligation under this Agreement are fully satisfied, lease and exonerate the portion of the bond which corre- Upon the expira- Said bond shall be As deposits are made, City shall re- I. sponds thereto. IN WITNESS WHEREOF, the parties hereto have caused this First Supplement to Agreement to be executed the day and year first hereinabove mentioned. i) t Li 0: OCCIDENTAL LAND, INC. /""s.: ,;:,.'.>;'' CITY OF CAALSBAD City Attorney Y 6. STATE OF CALIFORNIA ) ) ss, COUNTY OF ORANGE ) On JULY to , 1974, before me, the undersigned, a Notary Public'in and for said State, personally appeared President, and pONALn 3, sT t;t u OacN , known to me to be -v Secretary of the corporation that executed the "w%in instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. 3rm D> J*HP.SOd , known to me to be the - WITNESS my hand and official seal. OFFICIAL SEAL MIWY s. "SN 7. i '.. i AND WHEN RECORDED MAIL TO i -I r- /,l F -ET ':E55 'Y =%I k P L _i SPACE ABOVE THlS LINE FOR RECORDER'S USE - SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE 4347 BROOKLYN AVE. N.E .SEATTLE, W4SHINGTON 98105 SUBDiVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) Kh'O W ALL MEN BY THESE PRESENTS, That as Principal and the SAFECO INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto OCc IDENTAL T.&?JD 9 IiW CITY eF CARLSSIIT) , as Obligee, in the sum of&-% W? for the payment wg;eot,$-, said Principal and Surety bind themselves, their heirs, administrators, * "~~lars(s173.293.00 1, 1 I: . 'NUKELIX 'L'tiKE L TkTuELwu m HU successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATIONlS SUCH, That WHEREAS, the Principal on 3U?V 2. , 192entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: PROJECT FOR AT & SF RAILROAI) OVERCROSSING AT POINSETTIA LAKT as more ftilly set forth in said Agreement - NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named herein. Signed, sealed and dated 74 I ,19-- Suly 16, STATE OF CALIFORNIA, COUNTY OF- Orange ON July 16 , 19-ZL, before mz, the undersigned, a Notary Public in and for the said State, personally appeared , known to me to be tine President, and-.-.&onaldB)_.Ste-?~-ak, known to me thecorporation thztyecuted the wiihin Instrument, kiiown to me to be the persons who executed the withir: Instrummt, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-iaws or a rtsolution of its board of directors. WITNESS my hand and oiiicial seal. Jimmy D. Johnson to be the. Asst.--Secretary of Occidental I and: Inc. - OFFICIAL SEAL WCY s. PI"N NDTARl WSLlE - ULlFORNiA PR!?fCtPAL OmCE IA ORANGE COUNT( Ion Ecoires March 2. 1976 -* I