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RESOLUTION NO. 5818 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
EXPRESSING CONCERNS AND ADOPTING A STRATEGY TO LIMIT THE INMATE
POPULATION OF THE CALIFORNIA MEN'S FACILITY
WHEREAS, the design capacity for the California Men's Facility is 3544
inmates and current occupancy levels are in excess of 6000 inmates or
1690 of design capacity; and
WHEREAS, such overcrowding will have adverse public safety and
environmental impacts and will negatively impact public services such
as water and demand on housing; and
WHEREAS, the State Legislature has, by prior action, passed Chapter 958
of the 1983 Statutes which exempts the California Men's Colony (CMC)
West Facility from CEQA requirements while at the same time providing
for the closing of the West Facility by January 1, 1989; and
WHEREAS, the City Council of San Luis Obispo believes that it is the
responsibility of the State Department of Corrections to prepare and
publicly present a plan which details the short- and long -term uses of
the Men's Colony; and
WHEREAS, this issue is of concern to our State Legislative
representatives, the County Board of Supervisors and the City Council
of Morro Bay.
VOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo
adopts the following strategy to deal with this matter:
1. To notify the League of California Cities of community and area
concerns and request that the issue of prison expansion on a statewide
basis be referred to the appropriate League Committees for the
development of a formal resolution for consideration by the 1986 League
General Assembly.
2. To ask the League of California Cities, the State Legislative
Representatives and the County Board of Supervisors to assist in
establishing a formal dialogue between the State Department of
Corrections and interested local agencies on the issue of short- and
long -term expansion at the CMC.
3. To obtain a limit from the Department of Corrections on the inmate
population in the County of San Luis Obispo and seek a more balanced
statewide distribution of housing for convicted felons.
R 5818
Resolution No. 5818 (1985 Series)
Page 2
4. To refer a copy of this resolution to the CMC Citizens' Advisory
Committee for information and coordination of their activities.
On motion of Councilman Settle seconded by Mayor Billig
and on the following roll call vote:
AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey, Dunin and Griffin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15thday
of October , 1985.
APPROVED:
City Administrative Officer
C ty Attorney
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RESOLUTION NO. 5817 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO TRANSFERRING FUNDS TO THE CAPITAL OUTLAY
FUND FOR THE COMMUNITY PERFORMING ARTS FACILITY STUDY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Transfer $24,000.00 from the Cultural Facilities Reserve
to the Capital Outlay fund.
SECTION 2. Increase the appropriation in fund No. 214 - 9090 - 080 -850 by
$24,000.00.
On motion of Councilman Griffin seconded by Councilman Settle,
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dunin, Dovey and Mayor Billig
NOES: None.
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day
of October , 1985.
ATTEST:
CITY ERK PAMELA VO S
MAYOG MELANIE C. BILLIG
R 5817
a
Resolution No. 5817 (1985 Series)
Page 2
APPROVED:
City Administrative dffibdr
/Wlity Attorney
S. , Acting
Fin4cf/bipo6ctor
RESOLUTION NO. 5816 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN
THE CITY AND HALL GOODHUE HAISLEY AND BARKER
(HGHB).
WHEREAS, that certain agreement attached hereto marked Exhibit "A" and
incorporated herein by reference approving an agreement between the city
and Hall Goodhue Haisley and Barker (HGHB)
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: the Finance Director and Hall Goodhue Haisley and Barker
On motion of Councilman Griffin , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of
October .no
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Acting
City A ,AministAative Of is F' ce Director
ity' Attorney
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CONSULTANT'S SERVICES AGREE= -IVT
This agreement, made this 15th day of October , 1925, by and between.
the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as
"City "), and HALL GOODHUE HAISLE1 AND BARKER OF SAN FRANCISCO AND
MONTEREY, CALIFORNIA, (hereinafter referred to as "Consultant ").
WITNESSETH:
WHEREAS, City desires to retain certain services in conjunction with
the Community Performing Arts Facility Study. The services being provided
by this consultant under this contract are to assess the siting,
financing, major features, operations and long -term maintenance of a
community performing arts facility; and
WHEREAS, City desires to engage Consultant to provide these services
by reason of its qualifications and experience for performing such
services, and Consultant has offered to provide the required services on
the terms and in the manner set forth in Exhibits "A" through "E ",
attached hereto.
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. PROJECT COORDINATION
a. Cam. The City Administrative Officer (C.A.O.) shall be the
representative of the city for all purposes under this
agreement. The C.A.O., or his designated representative, hereby
is designated as the Project Manager for the City. He shall
supervise the progress and execution of this agreement.
b. Consultant.. Consultant shall assign a single Project Manager to
have overall responsibility for the progress and.execution of
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this agreement for Consultant. David Vadnan is hereby
designated as the Project Manager for Consultant. Should
circumstances or conditions subsequent to the execution of this
agreement require a substitute Project Manager for any reason,
the Project Manager designee shall be subject to the prior
written acceptance and approval of the C.A.O. Consultant's
Project Team is further described in Exhibit "E" attached hereto
and incorporated herein by this reference. The individuals
identified and the positions held as described in Exhibit "E"
shall not be changed except by prior approval of City.
2. DUTIES OF CONSULTANT
a. Services to be furnished. Consultant shall provide all
specified services as set forth in Exhibits "A" and "B" attached
hereto and incorporated herein by this reference.
b. Laws to be.observed. Consultant 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 Consultant 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
Consultant's performance under this agreement, or the
conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all of its
employees to observe and comply with all of said laws,
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ordinances, regulations, orders, and decrees mentioned
above.
(4) Immediately report to the City's Project Manager in writing
any discrepancy or inconsistency it discovers in said laws,
ordinances, regalations, orders, and decrees mentioned
above in relation to any plans, drawings, specifications,
or provisions of this agreement.
C. Release of reports and information. Any reports, information,
data, or other material given to, or prepared or assembled by,
Consultant under this agreement shall be the property of City
and shall not be made available to any individual or
organization by Consultant without the prior written approval of
the City's Project Manager.
d. Copies of reports and information. If City requests additional
copies of reports, drawings, specifications, or any other
material in addition to what the Consultant is required to
furnish in limited quant -ities as part of the services under this
agreement, Consultant shall provide such additional copies as
are requested, and City shall compensate Consultant for the
costs of duplicating of such copies at Consultant's direct
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e. Qualifications of Consultant. Consultant represents that it is
qualified to furnish the services described under this
agreement.
3. DUTIES OF CITY
City agrees to cooperate with Consultant and to perform that work-
described in Exhibit "D" attached hereto and incorporated by this
reference.
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The Consultant will perform the work in phases as described in
Exhibit "A".
Consultant will bill City as provided for in Consultant's fee
schedule as described in Exhibit "C" attached hereto. City will pay
this bill within 30 days of receipt. The Consultant may not charge
more than the amount shown in Exhibit "C" without prior approval of
the City's Project Manager.
5. TIME FOR COMPLETION OF THE WORK
Program scheduling shall follow the attached chart (Exhibit "B ")
unless revisions to the chart are approved by the City's Project
Manager and project's Management Consultant.
Time extensions may be allowed for delays caused by City, other
governmental agencies, or factors not directly brought about by the
negligence or lack of due care on the part of the Consultant.
6. TEMPORARY SUSPENSION
The C.A.O. 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 Consultant to perform
any provision of this agreement. Consultant will be paid the
compensation due and payable to the date of temporary suspension.
7. SUSPENSION; TERMINATION
a. Right to suspend or terminate. The City retains the right to
terminate this agreement for any reason by notifying Consultant
in writing seven 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
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S.
Consultant, City shall be obligated to compensate Consultant
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 Consultant and should they fail
to agree, then an independent arbitrator is to be appointed and
his decision shall be binding upon the parties.
b. Return of materials. Upon such termination, Consultant shall
turn over to the City immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not
completed, prepared by Consultant, and for which Consultant has
received reasonable compensation, or given to Consultant in
connection with this agreement. Such materials shall become the
permanent property of City. Consultant, however, shall not be
liable for City's use of incomplete materials or for City's use
of complete documents if used for other than the project
contemplated by this agreement.
Consultant shall furnish city with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed
in accordance with the requirements and intentions of this
agreement. All work done and all materials furnished, if any, shall
be subject to the City's Project Manager's inspection and approval.
The inspection of such work shall not relieve Consultant of any of
its obligations to fulfill its agreement as prescribed.
All original drawings, plans, documents and other materials prepared
by or in possession of Consultant pursuant to this agreement shall
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become the permanent property of the City, and shall be delivered to
the City upon demand.
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for-under
this agreement, on the basis of differences in matters of judgment
shall not be construed as a failure on the part of Consultant to meet
the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS:. McLOyEES
This agreement is for the performance of professional consulting
economic and planning assessment services of the Consultant and is
not assignable by the Consultant without prior consent of the City in
writing. The Consultant may employ other specialists to perform
special services as required with prior approval by the City.
12. NOTICE
All notices hereinunder shall be given in writing and mailed, postage
prepaid, by Certified Mail, addressed as follows:
To City: City Administrative Officer
City of San Luis Obispo
990 Palm Street
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
To Consultant: Hall Goodhue Haisley & Barker
282 Second Street
San Francisco, CA 94105
13. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and shall not
acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of
the services hereunder. Consultant further covenants .that, in the
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performance of this agreement, no subcontractor or person having such
an interest shall be employed. Consultant certifies that no one who
has or will have any financial interest under this agreement is an
officer or employee of City. It is e_-xpressly agreed that, in the
performance of the services hereunder, Consultant shall at all times
be deemed an independent contractor and not an agent or employee of
City.
14. IMEWITY
Consultant hereby agrees to indemnify and save harmless City: its
officers, agents, and employees of and from:
1. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to or
death of any person or corporation caused by any negligent act
or omission of Consultant under this agreement or of
Consultant's employees or agents;
2. Any and all damage to or destruction of any property, including
the property of City, its officers, agents, or employees,
occupied or used by or in the care, custody, or control of
Consultant, or in proximity to the site of Consultant's work,
caused by any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
3. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or
death of or damage suffered or sustained by any employee or
agent of Consultant under this agreement, however caused,
excepting, however, any such claims and demands which are the
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result of the negligence or willful misconduct of City, its
officers, agents, or employees;
4. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any infringement
or alleged infringement of any patent rights or claims caused by
the use of any apparatus, appliance, or materials furnished by
Consultant under this agreement; and
5. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due to
negligence on the part of the Consultant.
Consultant, at its own 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
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of such third persons, or to enforce any such penalty, and pay
and satisfy any judgment or decree that may be rendered against
City, its officers, agents, or employees in any such suit,
action or other legal proceeding, when same were due to
negligence of the Consultant.
15. WOMMS COMPENSATION
Consultant certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be
insured against liability for workers compensation or to undertake
self - insurance in accordance with the provisions of that code, and it
certifies that it will comply with such provisions before commencing
the performance of the work of this agreement.
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16. INSURANCE
At the request of the City, Consultant shall provide proof of
comprehensive general liability insurance ($500,000) (including
automobile) and professional liability insurance ($250,000)
satisfactory to the City.
17. AGREE= BINDING
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
18. WAIVERS
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision,
ordinance, or law shall not be deemed to be a waiver of any
subsequent breach of violation of the same or of any other term,
a
covenant, condition, ordinance, or law. The subsequent acceptance by
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either party of any fee or other money which may became due hereunder
shall not be deemed to be a waiver of any preceding breach or
violation by the other party of any term, covenant, or condition of
this agreement or of any applicable law or ordinance.
19. CASTS 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. DISCRINIINATION
No discrimination shall be made in the employment of persons under
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this agreement because of the race, color, national origin, ancestry,
religion or sex of such person.
If Consultant is found in violation of the nondiscrimination
provisions of the State of California Fair Employment Practices Act
or similar provisions of federal law.or executive order in the
performance of this agreement, it shall thereby be found in material
breach of this agreement_ Thereupon, City shall have the power to
cancel or suspend this agreement, in whole or in part, or to deduct
from the amount payable to Consultant the sum of 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 Ehployment
Practices Commission or the equivalent federal agency or officer
shall constitute evidence of a violation of contract under his
paragraph.
If Consultant is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action
guidelines pertaining to this agreement, Consultant shall be found in
material breach of the agreement. Thereupon, City shall have the
power to cancel or suspend this agreement, in whole or in part, or to
deduct from the amount payable to Consultant the sum of Two Hundred
Fifty Dollars ($250) for each calendar day during which Consultant is
found to have been in such noncompliance as damages for said breach
of contract, or both.
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21. AGREZ_.NT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement beti-een
City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral. This
document may be amended only by written instrument, signed by both
City and Consultant. All provisions of this agreement are expressly
made conditions. This agreement shall be governed by the laws of the
State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement
on the day and year first above written.
FALL GOODHUE•HAISLEY & BARKER
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A"TFS .
City Clerk Pamela s
CITY OF SAN LUIS OBISFO
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Exhibit "A"
PERFORMING ARTS FACILITY WORKPLAN
Study Objective: The purpose of this study is to formulate a
specific project scope and financing plan that can be used as a
road map to fund, construct and operate a community performing
arts facility.
The objective of the HGHB team is to explore creative concept
alternatives and their economic ramifications, then reach a well
documented recommendation for the scope of a performing arts
facility that will have broad community support, and will match
resources with needs.
In close consultation with the city, the consultant team will
organize its work around a series of workshops.
PART ONE
Task 1.1:. Orientation and Organization
This task will consist of discussion.with.representatives of
the City regarding:
,o The goals for the feasibility study.
o Identification of prior studies and resource materials.
o Clarification of the Work Plan.
o A refined schedule for completing the work.
o Participation and information to be provided by the City
and Committee
o Procedures for communication and documentation during
the project.
Task 1.2: Review of Prior Work; Reconnaissance of Community
The objective of this task is to build upon all previous
thinking and prior work on the project, and to gain an
overview of the present cultural facilitiets. It will
include:
o A review of previous economic studies and any other
analysis by the city relevant to performing arts
facilities in the downtown area or greater San Luis
Obispo area.
o Interview of key community representatives to obtain an
overview of the history of previous efforts.
Task 1.3: Review Candidate Sites
Visit candidate sites for the facility. Evaluate how the
performing arts facility can fit within the urban fabric and
become a positive element reinforcing other community
objectives. Weigh important factors of convience, cost,
image, and urban impacts.
Task 1.4: Review Other Facilities-in the -Area
The purpose of this task is to consider an optimum
utilization of all facilities in the community. Review the
use of other facilities in the area that could impact the
audience for proposed facilities. Identify other facilities
planned for the future which may influence event activity at
the performing arts facility. Examine the adaptability of
existing facilities for additional cultural events and
influence the use of new performing arts facilities.
Presentation No. 1
Workshop: Goals, Priorities, Existing Conditions
Thisrworkshop will enable the consultant team to define project
goal's, to.meet prime user groups and discuss their needs; to
review past proposals; to develop criteria for project
feasiblity; and to explore all the positive links between the
project and the commercial, cultural, educational and
recreational life of the San Lius Obispo community.
PART TWO
Task 2.1: Identify User Needs and Plausible Events
Define the range of events desired by the community at the
facility and for which there is a perceived need. Evaluate
current and future program plans: scheduling; use philosophy;
requirements for music, dance, musicals, speech, media,
assembly, and special community events. Determine user's
needs and support requirements, as well as their tolerance to
charges for use of the facility. The frequency of use and
their commitments to utilizing the facility through rental or
other arrangements will be noted for making future
projections..
Task 2.2: Review Facilities in Cities Comparable to
San Luis Obispo
The purpose of this task -is to establish patterns of use and
creative ideas in comparable communities. The project team
will identify cities that are comparable to San Luis Obispo,
based on size, income and proximity to other cities.
Secondly, we will contact 3 or 4 selected cities to obtain
information on facilities and events and develop an objective
presentation of comparable information.
Task_2.3:_ Develop Program.Alternatives
From the preceding tasks we will consider a wide range of
alternative concepts of a facility to accomodate a range of
events. From this range of alternatives, the consultant team
will select a maximum of three alternatives for presentation
at the workshop. This determination will be based on the
needs identified from prime user groups and other events
sponsors, and the review of existing facilities. Solutions
for alternative configurations will be diagramed to
accomodate program alternatives and these will be tested for
accomondation on candidate sites.
The selected alternatives will be presented with comparative
information to equate owner short and long term use policy,
recommend space and planning change, and cost. This
comparative information will indicate the program, operating,
and revenue effectiveness.
Task 2.4:
The economic consultants will examine a range of funding /
ownership / financing approaches as broad concepts, together
with operating and management concepts. These will relate to
different program, building type, and site conditions.
Presentation No. 2.
Workshop: Review Concept Alternatives, Select Preferred
Concept
The material developed .at this stage will be up to three options
for new facilities based on the prime user needs, the
analysis of existing facilities and the market, and the
collective experience of the consultant team and the evaluation
against criteria developed in the first workshop. The consultant
team's role is to offer information on all the program
ramifications and tradeoffs, for the City's decision. This
conference should result in a clear direction for proceeding with
a selected concept.
PART THREE
Task 3.1:- _Summarize the Selected Alternative
Based on the results of the workshop the consultant will
summarize the selected scheme in program, spaces, and
equipment requirements, together with operating and
financing concepts.
Task 3,.2: Test Facility Concept._for .Site and_Ur-ban_Desicth
Impacts "- -
Identify and test critical issues of mass and scale that are
basic to the questions of fitting into the existing urban
condition and overall appropriateness. Diagrammatic and
graphic material will be developed that communicate this
information.
Task 3.3: Proiect Capital Costs
Estimate all identifiable capital costs based on the
projected building area for construction related surface
improvements on site. Costs will be identified by major
component including recommendation for design and estimating
pontingencies and escalation of costs to future start tunes.
'Costs projections for utilities disruptions relocations or
substantial modifications, if applicable will be solicited
from the City.
Task-3.4s. Prepare Estimate of Revenue and Expenses
Based on the market information for use and attendance and
the insights of the economic consultants, projections of
revenue and operating expense, future operations and expense
estimates will be developed. The estimates will identify
fixed costs and variable costs. Revenue estimates will be
developed from an evaluation of potential sources including
admissions, rental charges, concessions or food service,
parking and others. Expense estimates will be identified
based on typical costs for labor, utilities, contract
services, maintenance and repair, insurance and promotion.
In addition we will recommend a capital reserve for major
maintenance and repair improvement. From estimates, a
projected overall net operating position will be determined.
Task 3.5: Recommend Funding. Program
This task will provide the City with a description of the key
action to arrange funding. A timetable related to these
actions will be developed to identify assumptions on develop-
ment of the project. The economic consultant will work with
the City to identify a single mixed use project program to
analyze for consideration of a private financing solution as
is appropriate for the selected site / program alternative.
Task 3.6: Recommend Organizational Structure
There are various organizational forms under which managers
of publicly -owned facilities can operate. The consultant
team will identify and evaluate these forms and recommend
which system appears to be the best suited for the San Luis
Obispo situation.
Task 3.7: Prepare Reoort
Prepare camera ready copy of a report of the feasability
study. The report will summarize the study, its process,
investigations and conclusions. The purpose of the report is
to clearly define the City's decisions and the team's
recommendations for an action plan for proceeding with
implementation. As much as is possible within the scope of
work, final products will be developed with an eye for use in
subsequent public presentation and fund raising.
Presentation No. 3
Presentation of Report to City Council.
The final report findings will be reviewed and costs and benefits
for future use and attendance summarized, so that all parties.
understand the basis and rationale for all concluding
recommendations. The consultant team will make recommendations
on future steps and implementation.
Exhibit "B"
Work Plan, Feasibility Study
Item
Contract Approval
Orientation, Site Visit
Presentation No. 1
(Workshop)
Presentation No. 2
(Workshop)
Presentation No. 3
(City Council)
Date
October 15
October 22
November 12,1.3
January 9
February 11
The final presentation may be scheduled February 25 depending
upon task work completion in part 3 of the analysis.
Task work will be planned in accordance with the Presentation
schedule.
a
Exhibit "C"
Schedule and Budget
Completion of the project requires twelve weeks. Based on the
holidays during the project completion period, the final report
and presentation will not occur prior to the last week in January
1986. The work plan Exhibit "B" generally indicates the flow of
information and the times for each of three meetings in San Luis
Obispo.
Compensation shall be a lump sum amount of $43,000 (forty -three
thousand dollars) for all professional services with additional
compensation for direct expenses incurred in completing the work.
Reimbursable expense will include the costs of transportation and
living expense, reproduction, telephone communication, clerical
support and computer services. Direct expense is estimated to be
in the range of five thousand to six thousand dollars.
Four invoices will be submitted as the work proceeds based on the
following schedule:
Work Period Amount (%of total
i
`Weeks 1 -4 30%
Weeks 4 -8 30%
Weeks 9 -12 308
Following final presentation 10%
Direct expense will be reimbursed based on 1.1 times the costs
incurred. Expense will be invoicied with professional services
and include prior periods. Invoices are due and payable upon
receipt.
Exhibit "D"
City of San Luis Obispo to provide:
1. All prior studies relevant to this study (performing arts,
public assembly facilities considerations, downtown
development plans, etc).
2. A technical assistance committee of 5 to 7 persons to work
with the City Administrative officer and provide city
representation at workshops numbers one and two.
3. Information for all candidate sites for the performing arts
facilities (location, site dimensions, ownerships, value,
zoning or other development guidelines, etc).
4. Listing of other facilities in the area for performing arts
and public assembly use.
5. Listing of all organizations (and contact individual) in the
greater San Luis Obispo area for consideration of user
needs.
6. `Scheduling of all workshop participants other than the HGHB
team (people and space).
7. City organization and other local jurisdiction organization
information relevant to recommending on organization plan
for the facility.
8. Financial proceeds and legal information relevant to funding
alternatives and selection.
Exhibit "E"
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These principals and key associates will be committed to the project, not
only to lead the effort but to perform the essential tasks themselves:
Principal in Charge:
Project Manager:
Economic Consultant:
Finance Consultant:
Theater Consultant:
i
Douglas Barker, AIA
David Vadman, AIA
James Vas Dias
Virginia Forler
Ron Jerit
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RESOLUTION NO.5815 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO OF PRELIMINARY DETERMINATION AND OF
INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS
FOR MADONNA ROAD ASSESSMENT DISTRICT
BE IT RESOLVED by the Council of the City of San Luis Obispo as
•I.M
That the City Council does hereby preliminarily determine that the
public interest, convenience and necessity require, and that it intends to
order the making of the acquisitions and improvements described in Exhibit
"A" attached hereto and made a part hereof.
1. Except as herein otherwise provided for the issuance of bonds, all
of said work shall be done as provided in the Municipal Improvement Act of
1913 and Section 19 of Article XVI of the Constitution of the State of
.California.
2. A11 of said work and improvements are to be constructed at the
places and in the particular locations, of the forms, sizes, dimensions
and materials, and at the lines, grades and elevations, as shown and
delineated upon the plans, profiles and specifications to be made
therefor, as hereinafter provided. There is to be excepted from the work
above described any of such work already done to line and grade and marked
excepted or shown not to be done on said plans, profiles and
specifications. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the intersections
of the public ways referred to are included to the extent that work is
shown on said plans to be done therein. Said streets and highways are or
will be more particularly shown in the records in the office of the County
Recorder of San Luis Obispo, State of California, and shall be shown upon
said plans.
R 5815
3. Notice is hereby given of the fact that in many cases said work
and improvements will bring the finished work to a grade different from
that formerly existing, and that to said extent said grades are hereby
changed and that said work will be done to said changed grades.
4. In cases where there is any disparity in level or size between the
improvements proposed to be made herein and private property and where it
is more economical to eliminate such disparity by work on said private
property than by adjustment of the work on public property, it is hereby
determined that it is in the public interest and more economical to do
such work on private property to eliminate such disparity. In such cases,
said work on private property shall, with the written consent of the owner
of said property, be done and the actual cost thereof may be added to the
proposed assessment of the lot on which said work is to be done.
5. This Council does hereby adopt and establish as the official
grades for said work the grades and elevations to be shown upon said
plans, profiles and specifications. All such grades and elevations are to
be in feet and decimals thereof with reference to the datum plane of this
city.
6. The descriptions of the acquisitions and improvements and the
termini of the work contained in this Resolution are general in nature.
All items of work do not necessarily extend for the full length of the
description thereof. The plans and profiles of the work and maps and
descriptions as contained in the Engineer's Report, hereinafter directed
to be made and filed, shall be controlling as to the correct and detailed
description thereof.
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7. Said contemplated acquisitions and improvements, in the opinion of
this Council, are of more than local or ordinary public benefit, and the
costs and expenses thereof are made chargeable upon an assessment
district, the exterior boundaries of which are shown on a map thereof on
file in the office the City Clerk, to which reference is hereby made for
further particulars. Said map indicates by a boundary line the extent of
the territory included in the proposed district and shall govern for all
details as to the extent of the assessment district.
8. This Council declares that all public streets, highways, lanes and
alleys within said assessment district in use in the performance of a
public function, and all lands owned by any public entity, including the
United States and the State of California, or any departments thereof,
shall be omitted from the assessment hereafter to be made to cover the
costs and expenses of said acquisitions and improvements.
9. Said acquisitions and improvements are hereby referred to Wayne
Peterson, City Engineer of this City, as Engineer of Work for this
assessment district, employed by this City for the purpose hereof, and
said Engineer of Work is hereby directed to make and file with said Clerk
a report in writing, presenting the following:
(a) Maps and descriptions of the lands and easements to be acquired,
if any;
(b) Plans and specifications of the proposed improvement if the
improvement is not already installed. The plans and
specifications do not need to be detailed and are sufficient if
they show or describe the general nature, location, and extent of
the improvements. If the assessment district is divided into
M13
i
zones, the plans and specifications shall indicate the class and
the type of improvements to be provided for each zone. The plans
or specifications may be prepared as separate documents, or
either or both may be incorporated in the report as a combined
document.
(c) A general description of works or appliances already installed
and any other property necessary or convenient for the operation
of the improvement, if the works, appliances, or property are to
be acquired as part of the improvement.
(d) An estimate of the cost of the improvement and of the cost of
land, rights -of -way, easements, and incidental expenses in
connection with the improvement, including any cost of
registering bonds.
(e) A diagram showing, as they existed at the time of the passage of
the resolution of intention, all of the following:
1. The exterior boundaries of the assessment district.
2. The boundaries of any zones within the district.
3. The lines and dimensions of each parcel of land within the
district.
Each subdivision, shall be given a separate number upon the
diagram. The diagram may refer to the county assessor's maps for
a detailed description of the lines and dimensions of any
parcels, in which case those maps shall govern for all details
concerning the lines and dimensions of the parcels.
(f) A proposed assessment of the total amount of the cost and
expenses of the proposed improvement upon the several
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i
subdivisions of land in the district in proportion to the
estimated benefits to be received by each subdivision,
respectively, from the improvement.
When any portion or percentage of the costs and expenses of said
acquisitions and improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first be
deducted from the total estimated cost and expenses of said acquisitions
and improvements, and said assessment shall include only the remainder of
the estimated cost and expenses.
10. If any excess shall be realized from the assessment it shall be
used, in such amounts as this Council may determine, in accordance with
the provisions of law, for one or more of the following purposes:
(a) Transfer to the general fund of this City, provided that the
amount of any such transfer shall not exceed the lesser of $1,000 or 5% of
the total amount expended from the improvement fund;
(b) As a credit upon the assessment and any supplemental
assessment; or
(c) For the maintenance of the improvements.
11. Wayne Peterson, City Engineer of the City of San Luis Obispo, is
hereby designated as the person to answer inquiries regarding any protest
proceedings to be had herein, and may be contacted during regular office
hours at City Hall, 990 Palm Street, San Luis Obispo, California 93401, or
by calling (805) 549 -7100.
12. To the extent that any of the work, rights, improvements and
acquisitions indicated in the Engineer's Report, to be made as provided
herein, are shown to be connected to the facilities, works or systems of,
Q.M
or are to be owned, managed and controlled by, any public agency other
than this City, or of any public utility, it is the intention of this
Council to enter into an agreement with such public agency or public
utility pursuant to Chapter 2 (commencing with Section 10100) of Division
12 of the Streets and Highways Code, which agreement may provide for,
among other matters, the ownership, operation and maintenance of such
agency or utility of said works, rights, improvements and acquisitions,
and may provide for the installation of all or a portion of such
improvements by said agency or utility and for the providing of service to
the properties in the area benefiting from said work, rights, improvements
and acquisitions by such agency or utility in accordance with its rates,
rules and regulations, and that such agreement shall become effective
after proceedings have been taken for the levy of the assessments and sale
of bonds and funds are available to carry out the terms of any such
agreement.
13. Notice is hereby given that serial bonds to represent unpaid
assessments, and bear interest at the rate of not to exceed twelve percent
(12%) per annum, or such higher rate of interest as may be authorized by
applicable law at the time of sale of such bonds, will be issued hereunder
in the manner provided by the Improvement Bond Act of 1915, Division 10 of
the Streets and Highways Code, the last installment of which bonds shall
mature not to exceed nineteen (19) years from the second day of September
next succeeding twelve (12) months from their date.
14. The provisions of Part 11.1 of Division 10 of the Streets and
Highways Code, providing for an alternative procedure for the advance
payment of assessments and the calling of bonds, shall apply to bonds
issued pursuant to Paragraph 13 above.
15. Notice is hereby given that it is the intention of this Council
to consider adoption of an ordinance, pursuant to Section 10205 of the
Streets and Highways Code, authorizing contributions by the City of San
Luis Obispo, from any sources of revenue not otherwise prohibited by law,
of a specified amount, portion or percentage of such revenues, for the
purpose of acquisition or construction of improvements, the acquisition of
interests in real property and the payment of expenses incidental thereto
for the use and benefit of the assessment district contemplated by this
Resolution, and to consider authorizing application of such revenues as a
credit upon the assessment to be levied in proceedings pursuant hereto.
16. It is the intention of this Council to create a special reserve
fund pursuant to and as authorized by Part 16 of Division SO of the
Streets and Highways Code of the State of California.
On motion of Councilman Settle , seconded by
Councilwoman Dovey , and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
-7-
the foregoing Resolution vas passed and adopted this 15th day
APPROVED:
ague, a S
City Administrative Of cer
/ci Attorrfey
1, �/� i i i• i
Finance Direct .,
City Developme t Director
-8-
WORK DESCRIPTION
MADONNA ROAD ASSESSMENT DISTRICT
Within the City of San Luis Obispo, County of San Luis Obispo, the
following improvements shall be constructed according to plans and
specifications to be approved by the City of San Luis Obispo, the
California Department of Transportation and such regulated public
utilities as may own, operate and maintain said improvements upon their
respective completions:
1. The widening and improvement of Madonna Road including all
required removal of existing pavement, grading, pavement, curbs,
gutters, sidewalks, median islands, conforming changes at the
intersection of Madonna Road and Zozobra Road, street lights, traffic
signals and controls, street signs and striping and the installation of
required storm drainage, water, sewer and gas and electric utility
facilities;
2. A public parking lot bounded by Highway 101, Madonna Road,
Zozobra Road and E1 Mercado Road including approximately 1300 parking
spaces, clearing, grading, paving, striping, signs, and lighting as
required;
3. Landscaping as required to be installed in conjunction with
items 1 and 2 above, including shrubs, ground cover, trees, required
irrigation and lighting and control systems and decorative features;
4. Improvements to portion of the freeway interchange at Madonna
Road and Highway 101 including off and on ramps, clearing, pavement,
signs, striping and conforming changes as required; and
5. The acquisition of all rights -of -way, easements, licenses,
franchises, and permits and the performance of all auxiliary work
necessary and /or convenient for the accomplishment of the foregoing
improvements.
EXHIBIT "A"
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RESOLUTION NO. 5814 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPOINTING ENGINEER FOR MADONNA ROAD
ASSESSMENT DISTRICT
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
WH]MREAS, this Council has determined to undertake proceedings pursuant
to appropriate assessment and assessment bond acts for the acquisition and
construction of public improvements;
WHEREAS, the public interest and convenience will be served by
appointing and employing an engineer for the preparation and conduct of
said proceedings;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That Wayne Peterson, City Engineer of this City, is appointed as
Engineer of Work and directed to do and perform all engineering work
necessary in and for said proceedings, including the preparation.of the
requisite plans, specifications, maps and descriptions of easements,
estimate of costs, diagram and assessment, and that compensation therefor
is hereby fixed at a reasonable engineering fee for all of said
engineering services, said fee to be approved by this Council.
2. That the expenses of said engineer be assessed as an incidental
expense of the proceedings and be payable from the proceeds of assessments
and sale of bonds.
On motion of Councilman Settle , seconded by
Councilwoman Dovey and on the following roll
R 5814
Resolution No. 581485 Series) Page 2
call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted thisl5th day
APPR
ct�2 Q
City Administrative Offi r 1
/Ci Attorney
Finance Direct
"4�'� go
Cc m unity D6velbpnent Director
'J�l` e&rl �y
RESOLUTION NO. 5813 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1259
LOCATED AT 2100 SAN LUIS DRIVE
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this council, after consideration of
the tentative map of Tract 1259 and the Planning Commission's
recommendations, staff recommendations and reports thereon, makes the
following findings:
1. The design of the tentative map and proposed improvements are
consistent with the general plan.
2. The site is physically suited for the type and density of
development allowed in a R -1 -S and C /OS -40 zones.
3. The design of the tentative map and the proposed improvements are
not likely to cause serious health problems, substantial
environmental damage or substantially and unavoidably injure fish
or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not
conflict with easement for access through (or use of property
within) the proposed subdivision.
5. The Community Development Director has determined that the
proposed subdivision will not have a significant effect on the
environment and has granted a negative declaration subject to
incorporation of the following measures into the project:
a. Relocation of existing Union Oil Company lines and high
pressure gas lines to the approval of the City Engineer to
minimize conflict with proposed utilities.
b. Provision of a 6 -foot high masonry landscaped wall along
the northerly property line of proposed lot 17 to reduce
exterior noise levels in rear yard.
C. All building designs shall include special construction
and site planning measures to maintain maximum interior
and exterior noise levels at 45 dBA and 60 dBA (Ldn),
respectively.
5813
C�
Resolution No.5813 (1985 Series)
Tract 1259
Page 2
d. Additional landscape planting along northerly boundary of
tract adjacent to highway 101 to provide dense visual
screening.
e. Detailed grading plans and grading procedures shall be
submitted for each individual lot. Grading plans will
specify existing and proposed grading, tree information as
noted under "f" below, type or types of foundation systems
allowed, proposed maximum building envelope and schematic
foundation layout.
f. Tree protection program outlining measures to be taken
before, during and after construction to preserve trees,
and wildlife habitat shall be submitted prior to tentative
map approval.
6. The proposed subdivision and recommended conditions of approval
address special considerations of slope, flood hazard, and noise,
and satisfy use permit requirements under the site's "S" zone
designation.
Section 2. Exceptions. That the approval of the tentative map
for Tract 1259 shall be subject to the following exceptions:
1. Allow a 1015 foot long cul -de -sac street where a maximum of 600
feet is normally allowed.
2. The requested subdivision exception is justified, based on the
findings:
a. That the property to be divided is of such size or shape,
or is affected by such topographic conditions, that it is
impossible, impractical or undesirable, in the particular
case, to conform to the strict application of these
regulations; and
b. That cost to the subdivider of strict or literal
compliance with the regulations is not the sole reason for
granting the modification; and
C. That the modification will not be detrimental to the
public health, safety and welfare, or be injurious to
other properties in the vicinity; and
d. That granting the modification is in accord with the
intent and purposes of these regulations, and is
consistent with the general plan and with all applicable
specific plans or other plans of the city.
�I
Resolution No. 5813 (1985 Series)
Tract 1259
Page 3
SECTION 3. Conditions. That the approval of the tentative map
for Tract 1259 be subject to the following conditions:
1. Existing oil lines and high pressure gas lines shall be relocated
to reduce conflicts with proposed utilities, to the approval of
the City Engineer.
2. Water acreage fees shall be paid prior to approval of final map
as determined by the City Engineer.
3. Standard curb and gutter shall be constructed on both sides of
San Luis Drive. The requirement for sidewalk on the north side
of San Luis Drive is hereby waived. Sidewalk installation on the
south side is deferred, and shall be installed on 90 -day notice
by the City Engineer.
4. Subdivider shall dedicate to the city proposed lot A for purposes
of creek access, maintenance, and future improvements to the
approval of the City Engineer.
5. Subdivider shall install all creek improvements necessary to
facilitate construction of street extension, including erosion
protection and bank revegetation, to the approval of the City
Engineer and Community Development Director.
6. Subdivider shall install 20' wide paved fire access road and
locked gate from San Luis Drive cul -de -sac to Highway 101 across
Lot A, to the approval of the City Engineer.
7. Subdivider shall provide minimum 1 -inch layer of asphaltic
concrete (A.C.) paving over existing San Luis Drive from
Corralitos Avenue to Tract boundary to repair damage from
subdivision improvements, to the satisfaction of the Public Works
Department.
8. Subdivider shall acquire necessary easements and install an
8 -inch diameter water main connecting the new San Luis Drive main
to existing 14 -inch main adjacent to Highway 101, to the approval
of the City Utilities Engineer.
9. Final map shall show areas subject to inundation in a 100 -year
storm.
10. Subdivider shall enter into an agreement and post surety with the
city to guarantee protection of trees, as noted in Exhibit "A ",
to the approval of the Community Development Director.
Resolution No. 5813
Tract 1259
Page 4
(1985 Series)
11. A perpetual open space easement over all lot areas above the 30%
slope line, "Lot All and parcel identified as "not a part", as
shown in sheet 1 Of tentative.map dated July 9, 1985 shall be
granted to the city subject to the approval of the City
Attorney. The open space easement will be to maintain the area
in its natural open space character. The easement shall run with
the land and provide the following limitations on land use or
alterations of the area:
a. No structures will be placed or erected on said premises.
b. Fencing appropriate to open space preservation shall be
approved by the Community Development Director. Solid
fencing shall not be allowed.
C. No advertising of any kind or nature shall be located on
or within said premises.
d. Owner shall not plant, nor permit to be planted, any
vegetation upon said open space area except for erosion
control, fire protection and soil stabilization or as
allowed and approved by the Community Development
.Director.
e. The general topography of the area shall be preserved in
its natural or existing condition. No grading shall be
allowed except as permitted by the Community Development
Director for agricultural or creek improvement purposes.
f. No extraction of natural resources except for water-.
g. No removal of natural vegetation except for fire
protection or elimination of diseased growth, as approved
by the Community Development Director.
12. Subdivider shall install additional landscaping along and within
Caltrans right -Of -way and- "Lot A"- to enhance visual. and
noise buffer from Highway 101. Plans for said planting shall be
prepared by a qualified professional and approved by the
Community Development Director and California Department of
Transportation.
13. Subdivider shall request annexation to the City of San Luis
Obispo the entire area shown as "not a part" on sheet 1 of
tentative map dated July 9, 1985 along with portions of lots 15,
16, and 17, prior to final map approval.
Resolution No. 5813
Tract 1259
Page 5
14. Subdivider shall
building sites.
dead wood shall
approval of the
(1985 Series)
provide a 30 foot wide firebreak along rear of
Within said firebreak, understory shrubs and
be hand cleared and trees safety pruned, to the
City Arborist.
15. Subdivider shall file a parcel map to adjust lot lines between
Tract 43 and Lot A, or shall revise map to show existing lot line
correctly on final map, to the approval of the Community
Development Director.
16. Final map shall note that lot grading is restricted on all lots
in the tract to driveways and areas within building foundations.
Padding of lots is prohibited, and special foundation design
measures may be required to the approval of the Community
Development Director.
17. Final map shall note that building coverage shall not exceed 40
percent of new lot area. Net lot area shall be defined as lot
area below the 30 percent slope break line as shown on the final
map. "Coverage" shall be as defined by Chapter 17.16.030 of
Zoning Regulations.
18. All houses shall be constructed of fire resistive materials to
the approval of the Community Development Director, and fire
hydrants shall be installed so that no house is farther than 150
feet from a hydrant to the approval of the Fire Department.
19. Final map shall note that if rear yard fencing is installed, it
shall be consistent with a uniform fencing plan for the tract on
file at the City Community Developement Department. Subdivider
shall submit a plan for Community Development Director approval
showing fencing location and design.
20. Final map and improvement plans shall contain a note that if
during construction of tract improvements any evidence of
archaeological resources is found, all work shall stop and an
archaeologist or other appropriately trained professional
approved by the Community Development Director shall be called in
to further analyze evidence found in the area. All cost of
future analysis shall be the subdivider's responsibility.
21. Subdivider shall clear debris, dead vegetation, and other creek
restrictions from San Luis Creek to the satisfaction of the
Public Works Department.
22. Final map shall note that "all lots are sensitive sites requiring
architectural review and approval before development.
23. Final map shall include provisions for preserving trees including
irrigation and landscaping guidelines adjacent to base of trees,
restrictions on grading and pruning of trees, and subdivider
shall provide an informational brochure to all new homeowners in
tract regarding care of native oaks.
Resolution No. 5813 (1985 Series)
Tract 1259
Page 6
On motion of Councilman Settle
, seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th day
of October , 1985.
APPR D:.
City Administrativ Off' er
4AU �� ", &,,-"
�i Attorney
7::m' �-� 2 =&- -
Comunity Devel pment Director
�s �,,
%� . �
Suba�i �� er
r�
RESOLUTION NO.5812 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND UPHOLDING ACTION TAKEN BY THE ARCHI-
TECTURAL REVIEW COMMISSION CONDITIONALLY APPROVING A REQUEST
FOR EXCEPTIONS TO THE SIGN REGULATIONS AND ARCHITECTURAL RE-
VIEW COMMISSION - APPROVED SIGN PROGRAM FOR WILLIAMS BROTHERS
MARKET AT 1350 MADONNA ROAD (SA -3400)
WHEREAS, the Council of the City of San Luis Obispo considered
the appeal of CN Signs & Graphics of a decision by the Architectural
Review Commission conditionally approving a request for exceptions to
the Sign Regulations and Architectural Review Commission- approved
sign program for the Williams Brothers Market at 1350 Madonna Road,
and conducted a public hearing on the matter; and
WHEREAS, the council considered actions taken on September 3,
1985 by the Architectural Review Commission, by reviewing staff
reports, commission minutes, and recommendations; and
WHEREAS, the council agrees that the decision of the
Architectural Review Commission in conditionally approving the
proposed signs was the appropriate action.
NOW, THEREFORE, the council resolves to deny the appeal and
uphold the Architectural Review Commission's decision conditionally
approving proposed signs for Williams Brothers Market at 1350 Madonna
Road with the following findings:
1. The various exceptions approved by the Architectural Review
Commission are justified by special conditions, specifically the
larger than normal size of the building facade and greater than
normal setback from the street.
2. The metal cabinet signs proposed by the applicant are
incompatible with the architectural character of the approved
sign program for the center.
R 5812
Resolution No. 5812 (1985 Series)
Page 2
On motion of Councilwoman Dovey - , seconded by Councilman
Griffin , and on the following roll call vote:
AYES: Councilmembers Dovey, Gr- iffin, Settle and Mayor Billig
NOES: Councilman Dunin
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of
_October . 1985.
I&,A a s
City Lv& Off
CItj Attorney
Community bev6lopment Director
-icy /�
RESOLUTION NO. 5811 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to
sign a contract on behalf of the City for the following:
Material Removal - Debris Storage K -51H
PROJECT: Basin, Reservoir Canyon CITY PLAN N0.
ESTIMATE: $189,000.00
BUDGET ACCOUNT: Fund No. 843
BIDDER: Branch Earthmoving Equipment, Inc. BID AMOUNT: $119,099.79
Paso Robles, CA
NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare
the appropriate documents for signature by the successful bidder and the Mayor.
On motion of Councilwoman Dovey seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
October 1985.
ATTEST: (L
CITY CLE PAMELA VOGES
APP ^
City Administrative bfficirr
jCi' y Attorney
15th day of
R 5811
/' /
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RESOLUTION NO.5810 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO CAL COAST CHARTER, INC., FOR THE
PURPOSE OF PERMITTING TAXICAB SERVICE IN THE CITY
OF SAN LUIS OBISPO
WHEREAS, Cal Coast Charter, Inc., desires to provide taxicab service
in the City of San Luis Obispo; and
WHEREAS, Cal Coast Charter, Inc., has filed an application for
Certificate of Public Convenience and Necessity with the City Clerk's
Office pursuant to Municipal Code Section 5.20.030 (Exhibit "A" attached);
and
WHEREAS, the public convenience and necessity require the granting
of a Certificate of Public Convenience and Necessity.
NOW, THEREFORE, BE RESOLVED that the City Council of the City of San
Luis Obispo hereby grants a Certificate of Public Convenience and
Necessity to Cal Coast Charter, Inc.., for the purpose of permitting
taxicab service in the City of San Luis Obispo pursuant to Municipal Code
Section 5.20.020; and authorizes the City Clerk to issue a taxicab permit
for each taxicab now operated by Cal Coast Charter, Inc., within the city.
On motion of Councilwoman Dovey, seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed adopted this 15th day of October ,
1985.
ATTE
VIM
CIT CLERK PAMELA GES
R 5810
Resolution No. 5810 (1985 Series)
Page 2
Approved:
e,,ta
City Administrative 0 five
it Attorney (/ J
j
ity Clerk
J
J
E%hib'it "A"
A P P L I C A T I O N
For Certificate Of Public Convenience and Necessity
1. Date Applied: October 7, 1985
2. Name Of Corporation: Cal Coast Charter
3. Principal officers:
Peter Dworkis, President
Norma Dworkis, Secretary/Treasurer
4, Number, kind and type of vehicles to be operated for taxi
service: Three - 1985 Ford LTD four door Sedans
One - 1977 Checker four door cab
5. Identifying number of each taxicab:C -7. C -8. C-9_-(1-_-3
6. Description of color scheme, insignia, trade style: Taxi Cab
yellow body paint with name Yellow Cab Co., vehicle number and
phone number in black letters and or rnmmerals
7. Reasons tending to prove that public convenience and necessity
require the granting of the certificate: Public demand for_
door to door service warrants the existence of a Taxi Cab Company,
and the issuance of a certificate permitting operation.
8. Current Rates: $1.50 - flat drop
1.50 - mile
$9.00 - hour (wait time)
I, Peter Dworkis , President of Cal Coast Charter, Inc., do hereby
solemnly swear under penalty of purjury that foregoing is true and
correct.
�. Eframe . •:
t '
Peter Dworkis, President
RESOLUTION NO. 5809 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING AN EXCEPTION FROM THE GROWTH MANAGEMENT REGULATIONS
FOR WILLOWBROOK CONDOMINIUMS AT 3985 HOLLYHOCK WAY
The Council of the City of San Luis Obispo resolves:
SECTION 1. Findings.
1. In accordance with state and city environmental review
guidelines (Section 15305), the exception request is determined
to be categorically exempt, as a minor alteration in land -use
limitations.
2. As provided in the Residential Growth Management Regulations
(S.L.O.M.C. Section 17.88.040):
A. It would not be desirable to construct the project in
phases because it consists of an integrated group of
buildings.
B. Completion of the project would not significantly conflict
with the long -term objectives of the regulations,
considering recent and anticipated construction levels.
SECTION 2. Action. An exception is hereby approved authorizing
issuance, during October 1985, of building permits for Unit I of
Willowbrook Condominiums (Tract 1229), consisting of 28 residential
units.
On motion of Councilwoman Dovey , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
R 5809
Resolution No. 5809 (1985 Series)
Page 2
the foregoing resolution was passed and adopted this 15th. day
of October , 1985.
"P. � /), , " -
Cit Clerk Pamel v Voges
APPROVED
1 ae-4 a s
City Administrativ Offi er
i
Ci y Attorney
Community Development Director
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RESOLUTION NO.5808 (1985 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPOINTING JEFFREY THACKER AS ASSISTANT TO THE CITY TREASURER
AND RESCINDING RESOLUTION 5323
BE IT RESOLVED by the Council of the City of Sah Luis Obispo as
follows:
SECTION 1. Jeffrey Thacker is hereby appointed as Assistant to the
City Treasurer and shall have authority to sign all checks, drafts, and
other orders for and on behalf of the city for deposit, encashment, or
investments, in accordance with Government Code Section 53601. when the
City Treasurer is unavailable.
On motion of Councilwoman Dovey _ , seconded by Councilman Settle
and on the following roil call vote:
AYES: Councilmembers Dovey; Settle,- ,Dunin.j- Griffin and. Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1'5-tlh day of October,
PE•k19
ATTE T:
CIT CLERK PA;kELA G -S
APP ED:
Q S
City Administrative Of icer
ity Attorney
MO M
R 5808
RESOLUTION NO. 5807 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to
sign a contract on behalf of the City for the following:
Street Improvement Project - Chorro
CITY PLAN N0. J -01A
PROJECT: St., Lincoln Ave. to Foothill Blvd,
ESTIMATE: $121,915.00 BUDGET ACCOUNT: Fund No. 860
Madonna Construction
BIDDER: San Luis Obispo BID AMOUNT: $99,283.25
NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare
the appropriate documents for signature by the successful bidder and the Mayor.
On motion of Councilman Dunin seconded by Councilwoman Dovey ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Dovey, Griffin and Vice -Mayor Settle
NOES: None
ABSENT: Mayor Billig
the foregoing Resolution was passed and adopted this 1st. day of
October 1985•
"�0,7�
VICE MAYOR ALLEN K. SETTLE
ATT ST:
CI"/ CLERK
�oli
R 5807
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Cfty.Of son Luis OBISPO
Resolution
of. appreciation
RESOLUTION NO. 5806 (1985 Series)
IN RECOGNITION OF THE DEDICATION
AND ACCOMPLISHMENTS OF ASSISTANT
ADMINISTRATIVE OFFICER
GEOFFREY L. GROTE
WHEREAS, Mr. Geoffrey L. Grote has been a valuable management employee
of the City of San Luis Obispo since August of 1980; and
WHEREAS, Geoff has filled the positions of Assistant City Attorney,
Acting Community Development Director and Assistant Administrative
Officer; and.
WHEREAS, his performance in these positions has demonstrated his solid
managerial abilities including, but not limited to, flip chart making and
the handling of emergency situations; and
WHEREAS, Geoff has accepted the City Manager position for the City of
Ojai,.so that these management skills can be more fully utilized for the
benefit of that community's residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council wishes Geoff luck
in "running his own shop" and expresses its gratitude for the numerous
accomplishments and outstanding performance which he gave to the City of
San Luis Obisopo during the past six years.
On motion of Councilman Griffin, seconded by Councilmember Dovey, and
on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Vice Mayor Settle
NOES: None
ABSENT: Mayor Billig
t1W foregoing Resolution was passed and adopted this.lst day of October,
1985.
7.
ALLEN K. SETTLE, VICE MAYOR
i
Lp
Cfty.Of son Luis OBISPO
Resolution
of. appreciation
RESOLUTION NO. 5806 (1985 Series)
IN RECOGNITION OF THE DEDICATION
AND ACCOMPLISHMENTS OF ASSISTANT
ADMINISTRATIVE OFFICER
GEOFFREY L. GROTE
WHEREAS, Mr. Geoffrey L. Grote has been a valuable management employee
of the City of San Luis Obispo since August of 1980; and
WHEREAS, Geoff has filled the positions of Assistant City Attorney,
Acting Community Development Director and Assistant Administrative
Officer; and.
WHEREAS, his performance in these positions has demonstrated his solid
managerial abilities including, but not limited to, flip chart making and
the handling of emergency situations; and
WHEREAS, Geoff has accepted the City Manager position for the City of
Ojai,.so that these management skills can be more fully utilized for the
benefit of that community's residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council wishes Geoff luck
in "running his own shop" and expresses its gratitude for the numerous
accomplishments and outstanding performance which he gave to the City of
San Luis Obisopo during the past six years.
On motion of Councilman Griffin, seconded by Councilmember Dovey, and
on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Vice Mayor Settle
NOES: None
ABSENT: Mayor Billig
t1W foregoing Resolution was passed and adopted this.lst day of October,
1985.
7.
ALLEN K. SETTLE, VICE MAYOR
i
RESOLUTION NO. 5805 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO INCREASING THE CITY'S EXPECTED REVENUES FOR
FY 1985 -86
WHEREAS the City of San Luis Obispo has submitted a reimbursement
claim of $31,177 to the Federal Emergency Management Agency (FEMA) for
costs associated with the Las Pilitas Fire; and
WHEREAS FEMA will fund 75% of the City's accepted claim which would be
a maximum of $239383; and
WHEREAS emergency equipment purchases totaling $201;075 have already
been approved; and
WHEREAS in the future; the Edna -Islay development will reimburse the
City for the $60,000 cost of an offroad Fire engine at the time Islay Hill
is developed;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. That $23,383 be added to the City's expected revenues for FY
Section 2. That the funds received from FEMA be placed in FEMA
Reimbursement -Fire Account No. 001 - 0014 - 037 -090.
R 5805
Resolution No. 5805 (1985 S� `.es)
t
Page 2
u
On motion of
Councilwoman Dovey
seconded
by
Vice -Mayor Settle
and on the
following roll
call vote:
AYES: Councilwoman Dovey, Vice -Mayor Settle, Councilmembers Dunin and Griffin
NOES: None
ABSENT: Mayor Billig
the foregoing Resolution was passed and adopted this ist.
day of October 1985.
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irTi �IL'i[i
Public WorKS Director
VICE -MA OR ALLEN K. TTLE
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RESOLUTION NO. 5804 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO TRANSFERRING GENERAL OPERATING
CONTINGENCY RESERVE FUNDS TO FIRE; POLICE AND
PUBLIC WORKS DEPARTMENTS' OPERATING AND CAPITAL
ACCOUNTS
BE IT RESOLVED by the City Council of San Luis Obispo that a General
Operating Contingency Reserve Fund transfer totalling $232;252 be made to
increase Fire; Police and Public Works Departments' operating and capital
accounts to fund Las Pilitas fire costs and to purchase additional
emergency response equipment as follows:
SECTION 1. Appropriate $31,177 from the General Operating Contingency
Reserve Fund to operating accounts:
Fire 8541 - 001 -003 $13;432
8540- 008 -110 5 9'900
Police 8037 - 001 -003 $43*008
8037 - 012 -249 514
Public Works 5048 - 001 -003
5048 - 012 -249
$6;981
342
SECTION 2. Appropriate $201;075 from the General Operating
Contingency Reserve Fund to capital equipment accounts:
Fire 8540 - 050 -490 $94 9'575
Police 8037 - 050 -490 $ 3 ;500
Public Works 5048 - 050 -490 $103,000
R 5804
Resolution No. 5804 (1985 'xies)
ti
Page 2
On motion of Councilwoman Dovey ; seconded by
Vice -Mayor Settle and on the following roll call vote:
AYES: Councilwoman Dovey, Vice -Mayor Settle, Councilmembers Dunin and Griffin
NOES: None
ABSENT: Mayor Billig
the foregoing Resolution was passed and adopted this 1st..
day of October 1.985.
Approved:
Q
City minis ra i e UflUcer
Public worKSDirector
VICE -MAYOR ALLEN K. SETTLE.
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RESOLUTION N0. 5803(1985 Series)
A RESOLUTION OF THE'.COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP FOR TRACT 1117
(John and Carol King, Subdivider)
WHEREAS, the City Council made dertain findings concerning Tract 1117
as contained in Resolution No. 5107 (1983 Series), and
WHEREAS, all conditions required per Resolution N6.5107 (1983 Series)
have been met or bonded for,
NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract 1117.
On. motion of Councilman, Dunin seconded by Councilman Griffin
and on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle
NOES: None
ABSENT: Mayor Billig
the foregoing Resolution was passed and adopted this _ -1st. day of
October—, 1985.
I
VICE - MAYOR ALLEN K. SETTLE
ATTEST:
R 5803
Resolution No. 5803 (1985 Series)
Page Two.
APPROVED:
v, 40�O&
City A&Aastrative Officer
City Att ney
Co�ty Development Director
'City *ngineer
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RESOLUTION NO. 5802 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF THE DETACHMENT OF 197 +/- ACRES AT
2500 ROYAL WAY FROM THE CITY (DETACHMENT #1)
WHEREAS, in June 1985 the Local Agency Formation Commission
approved the detachment of this property from the city; and
WHEREAS, the property is not appropriate for urban development
now or in the future, and
WHEREAS, a public hearing was held on October 1, 1985, to
consider the detachment and staff evaluations.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
approves the boundary changes shown on map, "Exhibit A", and
described on the legal description, "Exhibit B", herewith attached.
On motion of Councilwoman Dovey , seconded by Councilman
Griffin , and on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle
NOES: None
ABSENT: Mayor Billig
the foregoing resolution was passed and adopted this 1st. day of
October , .1985.
Vice - Mayor Allen K. Settle
ATTES
City IClerk Pamela
R 5802
Resolution No. 5802 (1985 Series)
Page 2
APPROVED:
City AfmAistrative Officer
Community Development Director
"EXHIBIT A
dl
\-4 PROPOSED DETACHMENT NO. 1 FROM THE CITY OF SAN LUIS OBISPO (BILLY GOAT ACRES) \
45 i to
ANNOW
Rural Lands
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Agriculture
EXHIBIT A
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February 11, 1985
E810
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Al that real. property situate in the County of San Lu.is Obispo, State of
California, being a portion of Lot 59 of Stratton's Subdivision of the Rancho
Canada De Los Osos and La Laguna, a map of said subdivision being recorded in
Book A of Maps at Page 83 in the office of the County Recorder of said County;
=aid portion of said Lot 59 tieing more particularly described as follows:
Beginning at the most northerly corner of said Lot 59., said corner being
designated as point 5189 on said map; Thence, along the northwesterly line of
Said lot, South 450 41' 14" West (South 450 45'' West, per said map) 2602.83
feet, said point being the most northerly corner of that certain real property
described by a deed recorded in Volume 2685 of Official Records at Page 67
ill the office of said County Recorder, said point being on the existing City
Limits of the City of San Luis Obispo, said point also being the True Point of
Beginning; Thence, along the northerly line of said real property described by
said deed, through the following courses:
(1) South 440 18' 46" East 50.00 feet (South 440 00' 35" East 50.00 feet,
per said deed);
(2) South 650 18' 11" East 170.00 feet (South 650 00' 00" East 170.00
feet, per said deed);
(3) South 790 55' 11" East 193.68 feet (South 790 371 00" East, per said
deed) ;
Thence, leaving said northerly line, and continuing through the following
Courses:
(4) South 100 31' 34" I•lest 150.53 feet;
(5) South 150 45' 00" West 270.14 feet
(6).South 200 15' UV East 380.00 feet
�IY• ■ it r7n rly 11 II IM1�T`' ri'!!nv F17:n 7
B CERT rl1_� r �UL,.: ,
Page 2
(7) South 890 04' 58" West 280.00 feet;
(8) South 860 iu' 15" West 890..00 feet;
(9) South 560 53' 50" East 733.68 feet to a point an the southeasterly line
of
said
Lot 59, said
point being
the corner common to said
northerly
line
and
said
southeasterly
of said Lot
59, said point also
being on
the
existing City Limits of the City of San Luis Obispo;
(10) Thence, along said southeasterly line and said City Limits, South 510
29' 25" West 4817.67 feet (South 510 15' West, per said map) to the most
southerly corner of said Lot 59;
(11) Thence, along the southwesterly line of said Lot 59 and continuing along
said City Limits, North 430 11' 2.5" West 1757.57 feet (North 430. 00'
00" West 1721.94 feet, per said map) to the most westerly corner of said
Lot 59;
(12) Thence, along said northwesterly line of said Lot 59 and continuing along
said City Limits, North 450 41' 14" East 42.51.91 feet (North 450 45'
East, per said map) to the True Point of Beginning.
Containing 197.75 acres, more or less.
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RESOLUTION NO.5801 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN
THE CITY AND William B. Wittmeyer.
WHEREAS, that certain agreement attached hereto marked Exhibit "A" and
incorporated herein by reference approving an agreement between the city
and William B. Wittmeyer
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: William B. Wittmeyer, Community Development Director., Finance
Director;
On motion of Councilwoman Dovey , seconded by Councilman Griffin
and on the following roll call vote.:
AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle
NOES: None
ABSENT: Mayor Billig
the foregoing Resolution was passed and adopted this 1st. day of
October 1985.
VICE -MAYOR ALLEN': R.^ SETTLE`.0
s * • s
Finance Dire or
Community Development Director
R 5801
o ,
AGREEMENT FOR CONTRACT INSPECTION SERVICES
THIS AGREEMENT is entered into this lst day of October ;1985; by
and between the City of San Luis Obispo, Department of
Community Development- hereinafter called the "Department ".
and William- B:- Wittmeyer- -, hereinafter called the "Contractor ".
WHEREAS, the Department has need for the professional services of an
individual with the particular training,- ability; knowledge and experience
possessed by the Contractor;
NOW, THEREFORE, in consideration of the rate of $15.00 per hour, not
to exceed 40 hours per week; and $.20 per mile to be paid to the
Contractor by the Department,- the Contractor agrees to perform during the
period 1 October 1985 through 31 December 1985, inclusive, the services
set forth on Attachment "A ". On 1 January 1986, the rate per hour shall
increase to $17.00 per hour for the period 1 January 1986 through 30
September 1986.
In performing the above services it is understood and agreed that:
1. The Contractor is engaged as an independent contractor and will
be responsible for any Federal or State taxes appplicable to this payment.
2. The Contractor will not be eligible for any Federal Social
Security, State Workers' Compensation, unemployment insurance; or Public
Enplvyees Retirement System benefits from this contract payment, except as
a self- enployed individual.
3. The Contractor will not be eligible for any group health
insurance, life insurance, vacation, sick leave or any other benefits
available to Department employees employed under the Personnel Rules and
Regulations of the City of San Luis Obispo.
4. The Contractor shall submit on the first and fifteenth day of
each month his invoice for the work performed during the prior period.
Payment will be mailed to the Contractor approximately two but not more
than three weeks after sutmittal of invoice. Invoices are to be suhnitted
to the Building Official.
5. Contractor shall hold Client harmless and indemnify client from
any claims; liabilities; penalties, fines; or any damage to goods;
properties, or effects of any person whatever, nor for personal injuries
or death of any person resulting frwn any negligent act, error or omission
of Contractor.
6. Contractor shall commence work upon mutual approval of this
agreement.
7. Attachnent B is the Standard Terns and Conditions that are
incorporated by reference as though set out in full.
This contract and any amendments to this contract will not be
effective until approved by the Finance Director of the City of San Luis
Obispo.
CDWRACPOR WILLIAM B. WITTMEYER
Signed 4
Print Name-,60 -' ,5 /,r)
1287 Cayucos Drive
Address" San Luis Obispo; CA 93401
SS# 572 72 -1617
Finance Dii/ rec!t�or
Date % n! V--�d s
CITY OF SAN LUIS 0 'SPO
i
VICE -MAYOR ALLEN K. SETTLE
ATTAC�T "A"
SCDPE OF SERVICE
1. THE ODNTRACMR WILi.'BE RESPONSIBLE FOR; BUT "NOT LIMITED TO:
A. Providing all on -site building inspections for strict code
compliance with the Uniform Building Code, Uniform Plumbing Code;
Uniform Mechanical Code, National Electric Code; Title 24 energy
requirements and Title 25 sound mitigation; plus compliance with
the approved plans and specifications. At no time will the
"Inspector" perform any work for the building regardless of how
incidental it may seem. The "Inspector" is a representative of
the City placed at the job site only to inspect the construction
of buildings.
B. Reporting and recording any and all deviations or changes, errors
or cmissicns to the approved plans or specifications.
C. Stopping any work not in compliance with approved plans,
specifications and /or current codes.
D. Instructing the developer/building of code requirements and
acceptable compliance when questions arise.
E. Verifying before incorporating into the buildings; the
acceptability of prefabricated corrponents by requiring
certificates of fabrication inspection or the listing of
fabricators as being prior approved.
F. Verifying the presence of deputy inspectors from quality control
agencies, when required, for specialty type work as set forth in
Section 306 of the U.B.C.
G. Keeping a daily record of all inspections and events relating to
the construction. All reports are to be filed with the City
daily for review and typing. All reports became the property of
the City but a copy may be retained by the Contract Inspector.
H. Not committing or obligating the City in any manner which will
place the City in a compromising position.
2. M CONTRACTOR R-WILL BE "RESPONSIBLE "Ft�R FURNISHING THE FOLLOWING:
A. Transportation with current automobile liability insurance in the
amount of fifty /one hundred thousand dollars coverage.
B. Medical insurance on him/her self.
C. Valid California Class III driver's license.
D. All necessary tools and equipment required to support the
activities of a building inspector.
E. Any safety clothing for him/her self; required by the building of
the buildings, for personnel safety on the project.
ATTAQiMENT "B"
SPANDARD TERMS AND ODNDITIONS
1. ALTrHORITY.
Each party has full power and authority to enter into and perform this
contract, and the person signing this contract on behalf of each has been
properly authorized and empowered to enter into this contract. Each party
further acknowledges that it has read this agreement, understands it, and
agrees to be bound by it.
2. INDEPENDENT ODNPRACTOR.
It is specifically understood and agreed that in the creation and
performance of this Agreement, CONTRACTOR is an independent contractor,
and is not and shall not be construed to be an enployee or agent of the
CLIENT.
3. NON- ASSIGNABILITY.
This Agreement is for the professional services of ODNPRACMR and is
non- assignable without the prior written consent of the CITY.
l J
4. INTEREST OF CONSULTANT.
CONTRACTOR covenants that he presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required to be performed
under this Agreement.
5. FACILITIES TO CONSULTANT.
The CLIENT agrees to perform the following work:
Typing of daily reports, letters and any other miscellaneous
correspondence relating to the construction.
6. PUBLICATION, REPRODUQ'ION, AND USE OF MATERIAL.
The CLIENT shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data, or
other materials prepared under this Agreement.
7. CONFIDENTIALITY.
Any reports, information or data given to or prepared or assembled by the
CONTRACTOR under this Agreement which the CLIENT requests in writing to be
kept confidential shall not be made available to any individual or
organization by the CONTRACTOR without the prior written approval of the
CLIENT. CONTRACTOR is entitled to retain copies of all data, working
`J
papers; interim documents; memoranda; and reports produced under this
Agreement. However, nothing contained herein shall prevent the disclosure
of such information if compelled by legal process, and in the event
thereof, only after notice to CLIENT.
8. AMENDMENTS TO THE CDNTRAOr. .
No amendment to this agreement shall be effective unless it is in writing
and signed by duly authorized representatives of both parties.
9. DISPUTED INVOICES.
In the event that CLIENT disputes any item on an inwice; CLIENT shall
notify the WNTRA=R of this disputed item within five working days of
receipt of the inwice. CLIENT will approve payment of items on an
invoice that are not in dispute and CLIENT and CONTRACTOR will proceed to
negotiate, arbitrate or litigate the disputed items as specified elsewhere
in this Agreement.
10. AUDITS AND INSPECTIONS.
Upon reasonable notice, CLIENT may inspect any books, records or other
materials that pertain directly to this Agreement.
r
11. CCMPFNSATION FOR TESTIM7NY AND PREPARATION THEREOF.
If any legal action other than action that is the result of incompetence
or malfeasance by the OJNPRACPOR, is brought against the CLIENT by any
third party in connection with this Agreement, and it beccmes necessary
for WNTRACrOR to testify, provide information or produce material in any
such action, or if the CLIENT requests such involvement, the CLIENT shall
compensate the ODNTRACTOR for time so spent at O:)NPRACPOR'S standard rates
then in effect and for any expenses, including attorney's fees reasonably
incurrred in connection with such testimony or production or the
preparation thereof. Such compensation shall be in addition to the
maximum charge for services defined in the Agreement.
12. TERMINATION OF AGREEMENT,
Either party may termdnate this Agreement, with or without cause, by
providing thirty (30) days written notice to the other party.
13. INDEMNIFICATION.
CLIENT agrees to release, indemnify and hold harmless CDNPRACrOR against
any and all liability, lass, damages, costs or expenses which they may
hereafter incur, suffer or be required to pay by reason of any actions in
connection with this Agreement or the performance thereof.
J
14. FORCE MA7 E(JRE.
Neither party shall be responsible for delays or failures in performance
resulting from acts beyond the control of such party. Such acts shall
include but not be limited to acts of God; strikes, lockouts; riots, acts
of war, epidemics, governmental regulatins superimposed after the fact,
fire, paver failures, earthquakes or other disasters.
15. ARBITRATION AMID ATPORNEYS'S FEES.
Any dispute under this Agreement shall be submitted to binding arbitration
in the County of San Luis Obispo, State of California, under the
Construction Industry Arbitration Rules of the American Arbitration
Association. The prevailing party shall recover all of its casts,
including reasonable attorneys' fees.
16. GMMING LAW.
This contract will be governed by and construed in accordance with the
laws of the State of California.
17. NOTICE.
Notice given under the terms of this Agreement shall be in writing and
shall be effective the day it is mailed, properly addressed, to the party
to received such notice. Notice delivered other than by mail shall be
effective when received. Any change of address of either of the parties
shall be effective when received. Any change of address of either of the
parties shall be effective upon receipt of notice of such change by the
opposite party.
18. CONFLICT OF INTEREST.
The CONTRACTOR expressly affirms that he will not perform work or provide
services to entities other than government entities during the time this
Agreerent is in force in order to ensure the CITY that the ODNTRACrOR will
not have a conflict of interest in discharging the work covered by this
Agreement.
19. EKTRA WORK.
The CONTRACTOR shall not perform extra work without written authorization
from the Chief Building Official.
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RESOLUTION NO. 5800 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADJUSTING COMPENSATION FOR THE CITY CLERK
WHEREAS, the City Council establishes the salary range for, among
other management positions, the City Clerk in the Management Compensation
Plan (Resolution No. 5797 [1985 Series]); and
WHEREAS, by Resolution No. 5199 (1983 Series) the City Council has
established the compensation for City Clerk Pamela Voges; and
WHEREAS, the City Council has evaluated compensation factors for the
City Clerk under Section 2 of Resolution No. 5797_-;- (1985 Series).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective July 1, 1985, City Clerk's salary shall increase
from $2,678 per month to $3,000 per month.
SECTION 2. All other compensation and benefits afforded the City
Clerk under Management Compensation Plan (Resolution No. 5797'' [1985
Series]), including Section F of Exhibit "A ", Administrative Leave, shall
remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the
City Clerk at the mid -year review.
On motion of Councilwoman Dovey , seconded by Councilman Griffin
and on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle
NOES: None
ABSENT: Mayor Billig
_; a� ;ie o11a
R 5800
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Resolution No. 5800 (1985 Series)
Page 2
the foregoing Resolution was passed and adopted this ist., day of Octobe;
1985.
a
VICE- MAYOR ALLEN K. SETTLE
ATTEST
CIITY CLERK PAMELA
s s * s
City Administrative -Qf1fi
City Atforney
Finance D
I
MANAGE4ENT FRINGE BENEFITS
1984 -86
EXHIBIT "A"
Section A Medical, Dental, Eye Care
The City shall establish and maintain medicall*dental and eye care
insurance plans for coverage by management employ
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 g Un ended 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. ipng -term disability insurance providing 60% of gross
salary to age 65 for any y 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
compensation.
The police and fire chiefs shall receive the same retirement
benefits as scorn 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 to receive the contributed amounts directly instead of having
them paid by the city to P.E.R.S. on behalf of the employee. It is
further understood and agreed that the payment of the employee's
P.E.R.S. contribution is made subject to I.R.S. approval and reporting
procedures.
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Section 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.
aalendar'rronth 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. Hoowever, 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 maximum of five (5) days.
Section F Administrative Leave
Management employees of the City are exempt from overtime
compensation consideration. It is recognized that their managerial and
program responsibilities require time and "effort outside the normal
workday and which frequently result in working beyond the normal hours.
In consideration of these factors the managerial staff shall be
afforded sufficient flexibility in managing their work load and tine.
Also, the City Administrative officer may grant up-to five days per year
of administrative leave in lieu of overtime compensation.
Section'G Holidays
Management personnel shall receive 10 fixed + 2 floating holidays
per year.
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 households and to seven (7) days if a household family
member is hospitalized and the employee submits written verification of
such hospitalization.
Upon termination of employment by death or retirement, a percentage
of the dollar value of the employee's accumulated sick leave will be
paid to the employee; or the designated beneficiary or beneficiaries
according to the following .schedule:
(A) Death - 25%
(B) Retirement and actual oonmencenw_nt of PERS benefits:.
(1) After ten (10) years of continuous employment - 108
(2) After twenty (20) years of continuous employment
- 158
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Section I Workers' Compensation Leavy
An employee who is absent from duty because of on- the-job injury in
accordance with the state workers' oanpensation 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 surn
temporary disability absence. Eligibility for workers' compensation
leave requires an open workers' compensation claim.
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 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.
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