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HomeMy WebLinkAbout3275-3299RESOLUTION N0. 3299 (1977 S�` ; A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE PARCEL MAP 77 -80 (L. DOUGLAS FISCUS, APPLICANT; 1365 and 1359 PALM STREET). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby makes the following findings concerning Parcel Map 77 -80 (L. Douglas Fiscus, applicant; 1365 and 1359 Palm Street): a. The minimum lot size required by the Subdivision Ordinance is hereby waived due to exceptional circumstances applying to the site such as size and topography. b. The proposed parcel map and design are consistent with the General - Plan. c. The site is physically suited for the proposed type and density of development permitted by the R -4 zone. d. The design is not likely to cause substantial environmental damage, or cause serious public health problems. e. The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. 2. Approval of tentative Parcel Map 77 -80 is based upon the following conditions: a. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. b. Subdivider shall install or repair curb, gutter and sidewalk on Palm and Pepper Street frontages to the approval of the Public Services Depart- ment. c. New utilities to parcel 2 shall be underground. d. Subdivider shall install street trees 'on Pepper Street to the approval of the Public Services Department. e; Subdivider shall provide 4 on -site parking spaces to City standards for existing development on parcel 1. Parking improvements shall be installed prior to final parcel map approval. Two of the four required parking spaces may be located on parcel 2 provided that: (1) they comply with City standards; (2) they are constructed, or secured by cash deposit, prior to the recordation of the.final map; (3) they are retained for the exclusive use of the residents of parcel 1 for the life of the dwelling units on said parcel by a recorded agreement subject to approval_ of the City Attorney. 3. This Council hereby grants approval of the tentative map for Parcel Map 77 -80: On motion of Councilman Gurnee seconded by Councilman Petterson , and on the following roll call vote:, AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz HOES: None ABSENT: None the foregoing Resolution was pas ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEI ER, de la MOTTE & LILLEY City Attorney I adopted this 19tlday of April 1977. r Approved as to content: ty neer R 3299 en Grimes RESOLUTION NO. 3298 (1017 ,'Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE PARK $ RECREATION FUND APPRO- PRIATION FOR THE FISCAL YEAR 1976 -77 AND AUTHORIZING A TRANSFER OF FUNDS. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation account is established to provide alteration to fairway screening at Laguna Lake Golf Course. Account No.. Description Budget Amount (50) 11- 5963 -818 Golf-Course Fairway Screens $12,000 DR 11- 0510 -000 Appropriation 11- 0600 -000 Unappropriated Balance 12,000 CR 12,000 DR BE IT FURTHER RESOLVED that the budgeted transfer_to the Park $ Recreation Fund from the General Fund be increased by $12,000 to off -set the deficit in unappropriated fund balance created by the above appropriation. � - On motion of Mayor-Schwartz, seconded by Councilman Dunin, and on the. - following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 19th day of April, 1977. ATTEST: % " er-k Approved as to form: -. WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes RM :ktm 4 /21/77 Approved as to content: City Administrative OTT#icer Financ_ .1 ctor R 3298 RESOLUTION NO. 3297 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY ARID LAGUNA LAKE COMPANY FOR LEASE OF PROPERTY-ADJACENT TO LAGUNA LAKE GOLF COURSE FOR A DRIVING RANGE. BE IT RESOLVED by the.Council of the City of San Luis Obispo as follows:. 1. That certain agreement, a copy of which is on file in the Office of the City Clerk,. between the City and Laguna Lake Company for City lease of driving range area adjacent -to Laguna Lake Golf Course, said lease to terminate February 28, 1981, is hereby approved and the Mayor is authorized to execute.same.. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Director of Public Services,. .. Laguna Lake Company, the Acting Director of Parks & Recreation and the Finance Director. On motion of Councilman Petterson , seconded by Mayor'.:. Schwartz , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgense, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th. day of April 1977 , ATTEST: J y rk Approved as to form: WENDT, MITCHELL, SIN EIMER, de la MOTTE & LILLE A Professional Cor ation City Attorney C By Allen Grimes Approval as to content: Endorsements on Agreement. R. 3297 t/ L E A S E This Agreement, dated May 5 , 1977, by and between the LAGUNA LAKE COMPANY, hereinafter called Lessor, and the CITY OF SAN LUIS OBISPO, hereinafter called Lessee. 1. PREMISES. In consideration of the rent herein agreed to be paid by Lessor and the covenants and conditions herein contained, Lessor hereby leases to Lessee, and Lessee hereby hires from Lessor for the term provided, and upon the terms and conditions set forth herein, a portion of a 5.4 acre parcel of property located southerly and westerly of the intersection of Los Osos Valley Road and Prefumo Canyon Road in the City and County of San Luis Obispo, and more particularly described in a legal description attached hereto and marked Exhibit "A ". This lease is subject to covenants, conditions, easements, reservations, rights, right of way, and other matters of record, if any, in the Office of the County Recorder of San Luis Obispo County. AW� 2. TERM. retroactively The term of this lease shall comezce /on the 16th day of December, 1976 and end on February 28, 1981.' 3. RENT. The rental payable to Lessor shall be calculated by the following formula. 14,857.14 x .,095 x number of acres leased for golf driving range i 12 and shall be payable in advance on the 16th day of each month conmiencing on December 16, 1976, until the expiration of this Lease. Provided, however, that this lease may be terminated by either party upon giving sixty (60) days notice in writing by certified mail and upon said termination, the aforesaid rental payments shall cease and be pro-rated accordingly. I 4. USE AND OPERATION OF THE PREMISES. Said premises shall not be used by the Lessee except for purposes relating.to public golf course operations. WPMIWWWVIq-:qM Lessee covenants and agrees to bear and pay, and to hold Lessor harmless from, all taxes, assessments; penalties, charges, rates or liens of any nature whatsoever, hereinafter called "taxes," which may during the term hereof be levied or assessed by whatever authority on or against the premises or any improvements, fixtures, appurtenances, or, furniture thereon, or any possessory interest taxes._ Taxes for the first and last years of the term of this lease shall be pro- rated. Payments for taxes by Lessee shall be.pro-rated for a twelve (12) month period and included along with lease payments, commencing with the payment following Lessor's receipt of notice of taxes due. 6. RELOCATION OF FACILITIES. Lessee agrees to relocate its present facilities as needed to ac- commdate developanent or sale of all or portions of the 17.4 acre parcel owned by Lessor. r, I Ago n M Lessee agrees to provide reasonable maintenance of the driving range. premises consistent with good management practice for golf driving ranges. 8. INDEMNIFICATION. Lessee agrees to hold Lessor and its various members harmless from all claims for livability or damages arising from or connected with the City's use or operation of the driving range. 9. FENCES. Lessee agrees to provide protective fences as needed and as determined by the Lessee. Page 2 10. ASSI2Z= AND SUBLETTING. Lessee agrees that it will not assign or sublet the whole or any portion of the leased parcel to any other agency or.person except as needed to carry out golf course operation without the written consent of the Lessor first had and obtained, provided that such consent shall not unreasonably be withheld. ll. OPTION TO PURCfp,.SE. Lessee is hereby given an option to purchase all or any portion of the 5.4 acre parcel at any time during the teen of this lease for the amount of market value reflected.by an appraisal conducted by a member of the American Institute of Appraisers selected and paid for by -Be- Leaseey %7/�' 12. SALE OF PROPERTY. Should the Lessor desire to dispose of the leased premises during the term of the lease, Lessee shall have the first right of refusal to purchase said property at a price based upon the market value indicated in an appraisal conducted by a member of the American Institute of Appraisers. 13. REPUICHASE OF PROPERTY BY LESSOR. Should the Lessee purchase all or any portion of the 5.4 acre parcel during the term of the lease, Lessor shall have first right to repurchase, if property is considered for resale within a 15 year period fran the date of Lessee purchase. Repurchase price is to be based on market value indicated in an appraisal conducted by a member of the American Institute of Appraisal at the time of repurchase. 14. ATTORNEY'S FEES. In the event of any court action or proceeding between the parties arising out of or.connected with this lease, the prevailing parties shall be entitled to reasonable costs and expenses including reasonable attorney's fees. Page 3 15.. ALLOCATION OF COSTS OF STREET WIDENING. Parties mutually agree that should widening be required across the frontage of the property included in the Lease while the Lease is in., effect, costs will be shared as follows. Lessor will dedicate needed right of way, will install curb, gutter, and sidewalk and bring the street to subgrade. Lessee will.install base and paving. 16. TREES AT CORNER OF PREFUMO AND LOS OSOS RQAD'. Parties.mutually agree that tree relocation and removal is appropriate to eliminate disease, provide for adequate spacing, serve as continued nursery source for trees acclimated to the-Laguna Area, and for site screening without intersection visability obstruction. Removal of all trees, however.would be subject to tree removal provisions of the Munic- ipal Code. 17. NOTICES AND PLACE OF PAYMENT. Any notices or cmu unication in connection with this Lease and all payments of rent shall be sent to the parties at the respective addresses as follows: LESSOR, at: Laguna Lake Company 1801 Prefumo Canyon Road San Luis Obispo, CA 93401 LESSEE, at: City Hall P.O. Box 321 San Luis Obispo, CA 93406 Attn: City Clerk or such other addresses as the parties may from time to time designate. Notices shall be addressed as above and sent by registered or certified mail, postage prepaid and should be deemed given at the time and date mailed. 18. SUCCESSORS AND ASSIGNS. All the terms, covenants, and agreements contained herein shall be binding upon; and inure to the respective successors and assigns of the parties hereto. Page 4 IN W=SS I*EP[PMF, the parties have executed this lease the day and year above written. ATTEST: Ci_W Cl Approved as'to Foam: V=f MITCE=, S7NSBE=, de la. NYYI'I'E 6 LIMEY City Attorney n LAGUNA LAKE CUNIPANY BY BY` Jj Approved as to content: City Administrative 0 icer By Allen Grimes Page 5 W� 0_ W r N o. D m O 0 50 1 50' Z W D 11 0 0 N O_ � 455.43 N � C Z 0D C � mm. N 45° 59' 25''H 2210.00 O \O W lT1 D C� m. Z \\ U3 — n . p�IEF5UM.O GANYON ( T� r- . T ~� r. I�. N n. n cQ CD 0o 0 O �1 Q0 0� 0 . n I�� rrI V' co N O_ � 455.43 N � C Z 0D C � mm. N 45° 59' 25''H 2210.00 O \O W lT1 D C� m. Z \\ U3 — n . p�IEF5UM.O GANYON ( T� r- . T ~� r. I�. N ,_,SOLUTION NO. 3296 (1977 Series)o A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL.OF TENTATI.VE'MINOR.SUBDIVISION NO. 77 766, LOCATED AT 2701 AUGUSTA STREET. (John King, Applicant) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: (A) That the Council, after consideration of the tentative map of Minor Subdivision 77 -66 and the Planning Commission staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development permitted by the.R -1 zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. (B) That the approval of the tentative map for Minor Subdivision 77 -66 be subject to the following conditions: 1. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 2. Subdivider shall extend sewer, water and other.utilities including easements required to serve all parcels to the approval of the City Engineer and utility companies. New utilities shall be underground. 3. Subdivider shall install one fire hydrant at each of the access driveways off Helena and Augusta Streets to the approval of the Fire Department. 4. The San Lui's Unified School District shall approve and sign final parcel map for access and utility easements across school property. 5. The final parcel map shall have an agreement signed by the City and school district for the property required for the Helena Street cul -de -sac. 6. Subdivider shall install one half of the Helena Street improvements required. Improvements shall consist of curb, gutter, sidewalk, driveway ramp and street pavement. 7. Subdivider shall install one street tree on Helena Street to the approval of the Public Services Department. 8. Subdivider shall install new pathway and bridge at the.end of Helena Street, to connect with existing pathway to Sinsheimer School and Park to the approval of the City and school district. 9. Final Parcel Map shall define all areas of site subject to innundation during a 100 year storm and such area shall be enclosed in an easement. A note on final parcel map shall state the City's responsibility in this easement shall be for access and /or maintenance of a clear waterway only. 10. Subdivider shall pay park in -lieu fees in amount of $150 per parcel (2 new parcels). Total fee $300.00. 11. Subdivider shall pay water acreage and frontage fees prior to final parcel map approval. 12. Subdivider shall submit a soils report and grading plan showing minimum finish pad elevations and existing fill material to be removed and recompacted, if necessary, for approval of the City Engineer prior to final parcel map approval. R 3296 .y P, Council Resolution 329 Ali' Page 2 M.S. 77 -66 13. The access driveway to Augusta Street shall be 16' in width (ordinance requirement). If ordinance.changes prior to final parcel map approval, the subject driveway width may be reduced` in accordance with minimum standards. 14. Subdivider shall show area of common driveway agreement on the final parcel map and shall obtain Board of Adjustments use permit approval of a common driveway agreement prior to final parcel map approval. 15. The property shall be classified as a sensitive site and development on site shall be subject to Architectural Review Commission review and approval. On motion of Councilman Jorgensen , seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee., Jorgensen and Mayor Pro -Tem Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 3rd day of M 1977. Mayor Pro -Tem ATTEST: �- - = / Approved as to form: Wendt, Mitchell, Sins 1mer, de la Motte & Lilley City Attorney By: Allen Grimes Approved as to content: RESOLUTION NO. 3295 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP 76 -464 (GEORGE BETTENCOURT, APPLICANT; 1 and 11 HIGUERA STREET). BE IT RESOLVED by the Council of the City of San.Luis Obispo as follows: 1. This Council hereby makes the following findings concerning Parcel Map 76 -464 (George Bettencourt, applicant; 1 and 11 Higuera Street): a. The proposed parcel map and design are consistent with the General Plan. b. The site is physically suited for the proposed type and density of development permitted by the C -H and M zones. c: The design is not likely to cause substantial environmental damage, or cause serious public health problems. d. The design of the proposed subdivision will not conflict with public easements for access through, or use,of, proposed subdivision. 2. Tentative approval of Parcel Map 76 -464 is based upon the following conditions: a. All lot corners of Parcels A and B shall be staked by a registered civil engineer or licensed surveyor.. b. Subdivider shall request the abandonment of kreBbs Street and provide for an access easement to the cemetery which shall be shown on the final parcel map. C. Subdivider shall dedicate additional property to the City for Higuera Street widening as per adopted street plan line. d. Subdivider shall install curb, gutter and sidewalk across all fron- tages not yet improved, that is, Higuera Street including the abandoned portion of Krebbs Street. e. Final parcel map shall note the site is subject to innundation and any new construction will have to be flood proofed according to the.Federal Flood Insurance Guidelines. f. Subdivider shall dedicate to the City an easement from top of bank to top.of bank along the open creek channel and a 10 foot easement over the creek culvert for storm drainage and maintenance purposes. g. Final parcel map shall show entire cemetery parcel and final map shall indicate Parcel C is not a buildable site. 3. This Council hereby approves the tentative map for Parcel Map 76 -464. On motion of Councilman Petterson , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April , 1977. 0 Resolution No. 3295 Parcel Map 76 -464 ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE & LILLEY, Cii Attorney /V) t By Allen Grimes Approved as to content: ity 11 neer RESOLUTION NO. 3294 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 16 OF RESOLUTION NO. 3005 (1976 SERIES) AND ESTABLISHING NEW ACREAGE AND FRONT FOOTAGE FEES. BE IT RESOLVED by the Council.of the City of San Luis Obispo as follows: Section 1. Section 16 of Resolution No. 3005 (1976 Series) is'hereby amended to read as follows: "Section 7410:5.1 Additional Charges for Water Service: (1) Acreage Charge: $1,000 per acre (2) Front Footage. Charge: $10 per front foot ". Section 2. This Resolution shall become effective immediately. On motion of Councilman Gurnee ,.seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day'of April, 1977. .ATTEST: R 3294 Resolution No. 3294 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & ey LILLE� City Attorn A By Allen Grimes (1977 Series) Approved as to content: City Administrative 0 'cer �a. 11?41r-a� C6Amdfiifk Mvdlopmen Director Finance Dir r Public Services Director RESOLUTION NO.. 3293 (1977 Series) c�1 ' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING WATER FUND APPROPRIATIONS FOR THE 1976 -77 FISCAL YEAR. BE IT RESOLVED by the Council of the City of 'San Luis Obispo that the following Water Fund Appropriation account be increased to provide additional funds necessary for. the purchase of two motorscooters. Account (50) 50- 6450 -000 50.- 0510 -000 50- 0600 =000 On motion of Jorgensen and on AYES: Counc Mayor NOES: None ABSENT: None . Description Water Meters - Vehicles Appropriations Unappropriated Balance Budget Amount $855.66 CR. 855.66 CR. 855':66 CR. Councilman Petterson seconded by Councilman the following roll call vote: ilman Dunin, Gurnee,.Jorgensen, Petterson and Schwartz the foregoing Resolution was passed and adopted this 5th .day of April , 1977. ATTEST: Approved as to form: Approved as to content: WENDT, MITCHELL, SIN HE_IMER, de la MOTTE & LILLEY� City Attorney 0 By Allen Grimes City Administrative 0 f N er Fina ce Direc r - RESOLUTION NO. 3292 (19 77 Series) A RESOLUTION OF INTENTION TO ADOPT THE 1976 EDITION OF THE UNIFORM FIRE CODE AND AMENDMENTS THERETO AS A PORTION OF THE SAN LUIS OB'ISPO MUNICIPAL CODE. BE IT RESOLVED by the Council of.the City of San Luis Obispo as follows:" 1. It is the intent -ion of the City of San Luis Obispo to .adopt the 1976 Edition of the Uniform Fire Code and amend- ments thereto as a portion of the San Luis Obispo Municipal Code, pursuant to the provisions of California Government Code §50022.1 through §50022.6. 2. Copies of the proposed text amendments and the Uniform Fire Code, 1976 Edition, shall be on file for public . inspection in the Office of the City Clerk and the.Fire Depart- ment. 3. Tuesday; , May 3 , 1977', at 7.30 P.M., in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed adoption, which.time is not less than two weeks from the passage of this Resolution. 4. This Resolution, together with the ayes and noes, shall be published twice in full, once..a.week for two successive weeks, with at least five days intervening between the respective publication dates, in the Telegram- Tribune, a newspaper published and circulated in this City. ktm 7/28/76 Resolution No. 3292 2 9 (1977 Series) On motion of Councilman Petterson , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin; Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this .5th day of April ; 19 77, ATTEST: Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIMER, City Attorney 4 By Allen Grimes ktm 7/28/76 Approved as to content: City AdministrativeNpfficer i Marsh RESOLUTION NO. 3291 (1977 Series) a � sAn OBISPO y 0 t Lion 0 APP tj on., AND RECOGNITION OF THE SERVICES AND ACCOMPLISHMENTS OF LIEUTENANT LARRY'G. LUNSFORD OF THE SAN LUIS OBISPO POLICE DEPARTMENT: WHEREAS, Lieutenant Larry G. Lunsford was appointed to the San Luis Obispo Police Department as a patrolman in November of 1966, and has since been promoted through the rank of Sergeant to his present position of Lieutenant.; and WHEREAS, the provision of quality police services to the people of the City of San Luis Obispo requires an ever - improving level of management knowledge, training, and. sophistication which is obtained through personal dedication to the improvement of skills; and WHEREAS, to this end, Lieutenant Larry G. Lunsford recently completed eleven weeks; of intensive training at the 108th Session of the Federal Bureau of Investigation National. Academy in Quantico, Virginia, with studies directed to the areas -of criminal law, manage- ment principles, behavioral sciences, forensic sciences, education and communication arts; and WHEREAS, the.108th Session of the FBI National Academy included two hundred fifty students representing command level law enforcement. from every state and several foreign countries. NOW, THEREFORE, BE IT RESOLVED that this Council hereby proclaims its pride in and appreciation for the.services and accomplishments of Lieutenant Larry G. Lunsford. On motion of Councilman Petterson,, seconded by Councilman Jorgensen; and on'* the following roll call vote: AYES; Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this Sth day of April, 1977:.:: H. F' patrick, City Clerk Kenneth E. Schwartz, Mayor RESOLUTION NO. 5290 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY - ,OF SAN LUIS.,OBISPO SUPPORTING PROJECT SORT. WHEREAS,,.PRO-JECT SORT.is intended- to improve the environment and create a more efficient method of disposingof solid waste;- NOW, THEREFOREr BE IT RESOLVED by the Council of the City. of San Luis Obispo as follows: Section 1. This Council endorses PROJECT SORT and urges wide-spread support of the project: Section 2.. The City Clerk is directed r forward a copy of this Resolution to Project tort Coordinator,-c-o the County, Engi•eer's Office,.County of San Luis Obispo and to San Luis Garbage Company. on motion of Councilman Petterson - seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson . and Mayor Schwartz NOES: None ABSENT: None the-foregoing Resolution was passed and adopted this 5th day of April .1977. ATTEST: R 3290 A0GENC64 n EM i RESOLUTION NO. 3289 (1977 Se ieg) ) APPROVED (, ) OOAfJ Wj0D TO A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS r?BT5'Pl�'iRl'REAS"11QU GAb' —TAX (2107) APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the following Appropriation of Gas Tax (2107) Funds is established to provide for the purchase of street frontage at 252 Higuera Street. Account No. Description Budget Amount (40) 21- 4872 -509 Higuera Street Frontage $15,000. DR. 21- 0510 -000 Appropriations $15,000. CR. 21- 0600 -000 Unappropriated Balance $15,000. DR. On the motion of Councilman Petterson, seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adpoted this 5th day of April , 1977. ATTEST: Ci erk Approved as to form: WENDT, MITCHELL, S NSHEIMER, de la MOTTE $ LIL Y City Attorney By Allen Grimes Approved as to content: R 3289 } RESOLUTION NO 3288 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RELOCATING A MAIL ZONE ON MARSH STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. An existing mail zone on the Northerly side of Marsh Street beginning at a point 60 feet West of the Southerly prolongation of the Westerly property line of Morro 'Street and extending 85 feet Westerly is hereby rescinded and replaced with two -hour metered parking spaces. Section 2.. A mail zone is hereby established on the Northerly side of Marsh Street beginning at the Southerly prolongation of the Easterly property line of Morro Street and extending 102 feet East. On motion of Councilman Petterson, seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April 1977. ATTEST: C C e c Approved as to form: WENDT, MITCHELL, SINS MER, de la MOTTE & LILLEY City Attorney WAP:ktm 3/25/77 Approved as to content: City Administrative 0 cer- City)gineer '" R 3288 QSOLUTION NO. 3.287 (1977 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL IMPROVEMENT. APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR AND AUTHORIZING A TRANSFER OF FUNDS BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation account is increased to provide additional funds for Mitchell Park Playground Redevelopment. Account No. Description Budget Amount (40)40- 5761 -623 Mitchell Park Improvements $33,000.00 DR. BE IT FURTHER RESOLVED that the following transfer of funds is authorized to provide for the above purchase: 40- 0430 -000 From: Capital Improvement $33,000.00 DR. Reserve 40- 0510 -000 To: Appropriations $33,000.00 CR. On the motion of Councilman Petterson , seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April , 1977. ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE,& LI EY City Attorney By Allen Grimes Approved as to content: City Adminive OfI5#cer litnafnc r R 3287 RESOLUTION NO. 3286 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR AMENDMENT OF THE COMMUNITY RECREATION AGREEMENT FOR SINSHEIMER PARK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk,.between the City and San Luis Coastal Unified School District, dated August 1, 1973; is hereby amended to meet certain grant requirements. Said proposed amendment, attached hereto marked Exhibit "A" is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it.to: San Luis Coastal Unified School District. On motion of Councilman Gurnee , seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th of April , 1977 . ATTEST: C t' , Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation, City Attorney By Allen Grimes day Approved as to content: R 3286 .AMENDMENT TO COMMUNITY RECREATION AGREEMENT FOR COMMUNITY RECREATION FACILITY AT SINSHEIMER PARK THIS AMENDMENT, made and entered into this - day of 1977, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter called "City ") and SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT; one of.the school districts located in the County of San Luis Obispo, State of California (hereinafter called "District ").. WITNESSETH: WHEREAS, City and District have executed.a Community Recreation Agreement for Community Recreation Facility at Sinsheimeir.Park dated August 1, 1973, and WHEREAS, City is seeking grant monies from State and Federal programs for the purpose of constructing a swimming pool.as part of the Sinsheimer Park recreational complex; and WHEREAS, a requirement of the State Urban and Coastal Park Bond Act of 1976.is that money for park development on other than City owned land must be guaranteed a twenty- five -. year use period or a.grant will not be considered;. NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions set forth in the August 1, 1973, Community Recreation Agreement and the requirements of other agencies for funding, City and District hereby mutually agree to the-following amendment of Paragraph 10: 10.: In consideration of the fact that certain lease term requirements are associated with an application for a State or Federal Grant that may be requested for development of Sinsheimer Park, both parties hereto agree to keep in operation for a period of twenty five (2.5) years from the date of acceptance of the Grant Project any recreational facility within Sinsheimer-Park on which State or.Federal Grant or Bond monies were expended. Should a hardship arise whereby termination of the Community Recreation Agreement for Sinsheimer Park :becomes a necessity for /11 reasons of health, safety or welfare, the party requesting termi- nation agrees to repay the State or Federal agency that portion. of a twenty- five - year amortized cost remaining from date of acceptance of the applicable Grant Project. Contingent upon the foregoing, this Community Recreation Agreement may be terminated.by either party hereto at any time and for any reason upon -180 days written notice to the other party: If District desires to exercise its right-to terminate this Agreement, District shall reimburse City for the improvements placed on said site by City in an amount equal to the Fair Market Value of said improvements,as of the date this cancellation is to be effective, and title thereto shall vest in District without the necessity of a formal documentation of transfer effective on said date. In the event the parties cannot agree upon the Fair Market Value of the improvements such Fair Market Value will be determined by an independent Real Estate Appraiser appointed.by and agreeable to District and City. The expenses of such ap= praisal shall be borne equally by both -parties. In the event the parties shall not agree upon the appointment of said appraiser; the presiding judge of the Superior Court for the State of California, County.of San Luis Obispo, shall appoint the appraiser'. In the event City chooses to exercise its right to terminate this. Agreement, all improvements and personal property placed on said site shall vest in District without the necessity of formal. documentation of transfer, effective the date of termination. Should District not desire.such.improvements and properties, District shall so notify City in writing and thereupon City shall remove said improvements and properties within a reasonable period of time, as mutually. agreed but not to exceed 18 months, and return the sites to their original condition insofar_as possible. =2= IN WITNESS WHEREOF, City of San Luis Obispo, by order of its City Council, has caused this Amendment to Community Recreation Agreement to be executed on its behalf by the Mayor and attested by the Clerk thereof, and San Luis Coastal Unified .School District has executed this Amendment by its duly authorized officer. ATTEST: CITY OF SAN LUIS OBISPO y prefirk Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLE City Attorney City Admin strati Officer By Allen Grimes _ 4ecr rector_ of Parks & eatio n SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT By: President of the Board of Trustees ATTEST: Clerk of the Board of Trustees Approved as to form: Robert N. Tait District Attorney By: Deputy District Attorney -3- OT 11��� } OLUTiON NO. 3285 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENTS TO THE.ELDERLY /HANDICAPPED INTERIM JOINT POWERS AGREEMENT APPROVED BY RESOLUTION NO. 3189. BE IT RESOLVED by the Council of the City of.San Luis Obispo as follows: SECTION 1. This Council heieby approves amendments fo the Eide'rly/ Handicapped interim Joint Powers Agreement,approved by Council Resolution No. 3189 on December 7, 1976, as outlined in the March 7, 1977, letter from Ned A. Rogoway, Secretary to the Area P- lanning Council, attached hereto marked Exhibit "A" and thereby incorporated herein. SECTION 2. The City Clerk is directed to forward a certified copy of this Resolution to the.Secretary to the Area Planning•Council and to. the City Engineer. On motion of Councilman Petterson ,- seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Patterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this _5th day of "April- , 1977. ATTEST: R 3285 in G Resolution No. 3285 • (1977- Series) Approved as to form: --Approved,a's to content: WENDT, MITCHELL, SINSHEIMER, de, la MOTTE $ LILLEY City Attorney City Administrative -0 -f icer By Allen .Grimes C ty ng r Arroyo Grande Grover City Morro Bay Paso Robles Pismo Beach San Luis Obispo San Luis Obispo County March 7, 1977 ,`.N LUIS OBISPO COUNTY AND CITIES �,— AREA PLANNING COORDINATING COUNCIL 979 OSOS STREET — SUITE B SAN Luis OBISPO, CALIFORNIA 93401 805/543 -1550, EXT. 395 Mr. Richard Miller City Administrator 990 Palm Street San Luis Obispo, California 93401 Dear Mr. Miller: 3 Secretary f to the Area Council ,�pp NED A. ROGOWAf—/ Q Q The Elderly /Handicapped Interim Joint Powers Agreement was adopted by the Board of Supervisors on February 7, 1977. The Board adopted the JPA with the following amendments: 1. Article II, Section 4, First Sentence changed to read "The Transit Authority shall..." The last two sentences added. "The Manager shall have charge of, handle and have access to any property of the Transit Authority. Said Manager shall file with the Transit Authority his official bond in the amount of One Thousand Dollars ($1,000.00) or such other additional amount as may be determined by the Authority." 2. Article V, Section 5; last two sentences added. Should a majority of the member agencies choose to cancel this agreement, they may do so through execution of a Joint Recision Agreement by all parties to the original agreement. Said Recision Agreement shaZZ provide for an orderly payment of all outstanding debts and obligations, disposition of all property and return of surplus funds to the agencies in proportion to contributions made. 0 We are requesting that your City Council review the amendments and consider adoption as an addendum to the original Elderly /Handicapped Interim Joint Powers Agreement. Please transmit the action of your Council to the Area Council. Sincerely, S Se a ivo pt-oo�,V . N"t� Ned A. Rogoway, Secretary to the,Area Council , ; -- 101� By: Norma Dengler Director of Administration NAR/ND /v /sam Thu -S.a ' t,M •"� V_3 . ( \�� 3�15�11 EXHIBIT "� ►► 3g 1. 2. ��SOLUTION NO. 3284_(1977 Seriesj"_' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP 77 -51 ( CITY OF SAN LUIS OBISPO, APPLICANT: 1260 & 1280 LAUREL LANE). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby makes the following findings concerning Parcel Map 77 -51 (City of San Luis Obispo, applicant; 1260 and 1280 Laurel Lane): a. The proposed parcel map and design are consistent with the General Plan. b. The site is physically suited.for the proposed type and density of development permitted by the R -3 zone. c. The design is not likely to cause substantial environmental damage, or cause serious public health problems. d. The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. Tentative approval of Parcel Map 77 -51 is "based upon the following conditions: a. All lot corners shall be staked by a registered civil engineer or licensed surveyor. 3. This Council hereby approves the tentative map for Parcel Map 77 -51. On motion of Councilman Petterson , seconded by Councilman Gurnee , and on the following roll call mote: AYES: Councilmen Dunin, Gurnee, Jorgensen and Petterson NOES: Mayor Schwartz ABSENT: None The foregoing Resolution was passed and 1977. ATTEST: Approved as to form:h WENDT, MITCHELL, SINSHEIMER DE LA MOTTE & LILLEY, City ttorney I By Allen Grimes this Sth day of April , Approved as to content: City rneer R 3284 RESOLUTION NO. 3283 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP 77 -26 (THOMAS BAUMBERGER, APPLICANT; 1772 CALLE JOAQUIN). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby makes the following findings concerning Parcel Map 77 -26 (Thomas Baumberger, applicant; 1772 Calle Joaquin): a. The proposed parcel map and design are consistent with the General Plan. b. The site is physically suited for the proposed type and density of development permitted by the R -C -S, provided a note on the final map states Parcel A is not a buildable site. c. The design is not likely to cause substantial environmental damage, or cause serious public health problems. d. The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. 2. Tentative approval of Parcel Map 77 -26 is based upon the following conditions: a. All lot corners shall be staked by a registered civil engineer or licensed surveyor. b. The Final Parcel Map shall note that because of the lack of public utilities, Parcel A may require . extension of public utilities and /or further subdivision. c. The 20 foot cattle drive easement shall be extended across Parcel A to a point opposite the cattle undercrossing of U.S. Highway 101. d. All highway billboards (7 total) existing on Parcels A and B shall be removed to the approval of the Community Development Director prior to Final Map approval. 3. This Council hereby approves the tentative map for Parcel Map 77 -26. On motion of Councilman Petterson seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted ATTEST: W 1L - rA Approved as to form: WKqDT, MITCHELL, SINSHEIMER, DE LA MOTE VLILLEY, City Attorney By Allen Grimes s 5th day of April , 1971 r Approved as to content: City Administra ive cer RESOLUTION NO. 3282 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -76 -565 (EUGENE JACKSON APPLICANT), LOCATED AT 520 & 526 DANA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council previously made certain conditions concerning Parcel Map No. SLO -76 -565. At this time all conditions have been met. Section 2. This Council now grants final approval of Parcel Map No. SLO -76 -565. Eugene Jackson applicant located at 520 and 526 Dana Street. On motion of Crnmci lman PP son , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 5th day of April , 1977 ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LkLLEY City Attorney By Allen Grimes Approved as to content: City A 5Rk 40,04i294 mist- rat -i.ve ficer ity ne r RESOLUTION NO. 3281 (1977 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP NO. SLO -76 -390 (IMPERIAL SAVINGS AND LOAN. ASSOCIATION, APPLICANT, LOCATION: CORNER OF SANTA ROSA STREET AND MEINECKE AVENUE) AND ACCEPTING AN OFFER OF DEDICATION AND A DRAINAGE EASEMENT. Be it resolved by the Council of the City of San Luis Obispo as follows: Section 1. This Council previously made certain findings con- cerning Parcel Map No. SLO -76 -390 as contained in Resolution No. 3162 (1976 Series). Section 2. All conditions of Resolution No,. 3162 (1976 Series) have been met except for No. 4 and No. 6. Condition 4 must be met before the City will issue a Certificate of Occupancy. Condition 6 will be met at the time the Parcels are developed. Section 3. This Council now grants final approval of Parcel Map No.. SLO -76 -390, Imperial Savings and Loan Association, applicant. Location: corner of Santa Rosa Street and Meinecke Avenue. On motion of Councilman Petterson , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed April , 19 77 ATTEST: adopted this 5th R 3281 day of Resolution No. 3281 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes js/3/17/77 (1977 Series) Approved as to content: City tyA AdministraffN Officer Q- & -0%^Af� iI ty E ine r Page 2 RESOLUTION NO. 3280 1977 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR THE FLORA STREET EXTENSION BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and San Luis Coastal Unified School District for the Flora Street Extension is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved // J�y it to the San Luis Coastal Unified School District. On motion of Councilman Petterson Jorgensen , seconded by Councilman , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgense, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th of April ) 19 77 ATTEST: agw`� , % � -G Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation City Attorney By Allen Grimes day Approved as to Content: City�istrativ OfficerOfficer City ngineer R 3280 U AGREEMENT This Agreement, executed this 15th day of March , 1977, by and between San Luis Coastal Unified School District, hereinafter called "District" and the City of San Luis Obispo, a Municipal Corporation, herein- after called "City," witnesseth: 1. District shall convey to the City, for street purposes, .144 acres, more or less, as shown on the attached sketch. 2. District agrees to allow the City to construct the slope banks on District property. 3. City agrees, when the appropriate funds are available to City, to grade and install on said real property curbs, gutters, sidewalksand all road work necessary to improve Flora Street as per City of San Luis Obispo Standard Specifications. This Agreement is binding upon successors of either party. IN WITNESS WHEREOF, we have set our hands hereto on the dates indicated. Attest: ti Approved as to form CITT OF SAN LUIS OBISPO, a municipal Cor orXt i on By r Date AwmiL. 910 ft'I.f SAN LUIS COASTAL UNIFIED SCHOOL 'D�STRICT Date March 15, 1977 c. o- v 9 I- I- , r - . ,- n J r 471.1 :lbl -Q - I h= Jz° 34' 27" 11.20 ID :t 1 UKj ir--o S_.I�avL 271s- rF-lGT 7 "n_ T44S 1 t t 1 f I 73- 13`i n _1 DL 0 y Ile v RESOLUTION NO. 3279 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MICHAEL C. ROBINSON & ASSOCIATES FOR A HUMAN NEEDS INVENTORY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk,.between the City and Michael C. Robinson & Associates for a human needs inventory for the City to be conducted in-accordance with a proposal dated November 4, 1976, presented to the Human Relations Commission, is hereby approved and the Mayor is authorized to execute same. a 2. The.City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to:. Michael C. Robinson.& Associates and the Coordinator.for the Human Relations Commission On motion of Councilman Gurnee seconded by Schwartz and on.the following roll call vote: AYES: Councilmen Dunn, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None Mayor the foregoing Resolution was passed and adopted this 5th day of April , 1977 ATTEST: y Clelrk Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation City Attorney u By Allen Grimes Approved as to content.: Endorsement on Contract. CONTRACT THIS CONTRACT is made and entered into this 67,r.1 day of 1977, by and between.THE CITY OF SAN LUIS OBISPO, a municipal corporation_. (hereinafter referred to as "City ") and MICHAEL C. ROBINSON AND ASSOCIATES (hereinafter referred to as "Contractor "). WHEREAS, City desires to have performed a needs assessment of the citizens of the City to determine the community human services needs of the City; and WHEREAS, Contractor has the necessary personnel and expertise to con -. duct such a needs assessment. NOW, THEREFORE, the parties hereto in consideration of the mutual covenants and agreements hereinafter contained do hereby agree as follows: 1. SCOPE OF WORK The Contractor shall develop a Community Needs Assessment and provide such services and perform such tasks as delineated in the Proposal attached hereto marked Exhibit "A" and thereby incorporated herein. 2. DATA TO.BE FURNISHED TO CONTRACTOR. The City shall assist the Contractor in securing available, studies, reports, data, records, and maps as necessary to complete the tasks out- lined in the Exhibit "A" Proposal. 3. FACILITIES. The City shall provide such working space, equipment, furniture and utilities as may be required for performance of said services by the Con- tractor while at the City as such are available as determined by the City. ktm'3/22/77 Message unit and long distance telephone calls are specifically not.pro.vided at the City's cost. 4. PERSONNEL. 1. (a) The Contractor represents that it.has, or will secure at its own expense., all personnel required in performing the work under this Contract. Such personnel shall not be.employees of or have any contractual relationship with the City. (b) All of the services required hereunder will be performed by the Contractor or under Contractor's supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. (c) The Contractor agrees to obtain prior written consent from the City before changing the persbnnel. assignments outlined in the Exhibit "A" Proposal. (d) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. S. TIME. OF PERFORMANCE $ SCHEDULE: (a) The work under this Contract shall be performed between April 6, 1977, and December 2, 1977.. (b) The Contractor.shall within five (S) days from the date of this Contract and in conjunction with,.and in agreement with the appropriate City staff as well as with other parties deemed appropriate to the task by the City and Contractor, provide a revised schedule of performance, itemizing the work to be performed within the time period indicated above. (c) It may become necessary from time to time to adjust the schedule of performance to meet the needs of the Needs Assessment; however, no schedule,changes can be made without the mutual consent of both parties to this Contract and any and all schedule changes must be authorized in writing by the City. ktm 3/22/77 - 2 - 6: AMOUNT AND METHOD OF PAYMENT. (a).The City agrees to pay the Contractor for the work performed pursuant to this Contract the total sum of Nine Thousand Nine. Hundred and Seventy -Nine Dollars and Fifty Cents ($9,979.S0). (b) The following method of payment will be used in the payment of funds to the Contractor: (1) Upon entering into contract, the City will pay the contractor One Thousand Dollars ($1000.00) so that the Contractor may begin work on the Contract. (2) The City will pay 80% of each invoice submitted by the Contractor and approved by the City and will pay the remainder (approximately 17.6% of the contract total) within thirty (30) days after all work on the contract has been satisfactorily completed and at least one proofread copy in a form easily capable of repro- duction of all deliverables have been satisfactorily made. (3) The Contractor will make invoices according to the following schedule: Upon completion of the Human Services Provider Needs Survey; the City will pay 80% of the invoice., the invoice not to exceed $1,000. - . Upon completion of the Human Services Providers.Resource Survey, the City will pay 80% of the invoice, the invoice not to exceed $1,500. Upon completion of the development of a Community Survey Instrument, the City will pay 80% of the invoice., the invoice not to exceed $250.00. ktm 3/22/77 - 3 - Upon completion of the Community Servey, the City will pay 800 of the.invoice, the invoice not to exceed $2,375.00. (This does not preclude,the possibility of additional funds made available by sources other than the City, either through the City or directly to the Contractor for the conduct and analysis of the survey.) - Upon completion of the Resources Dictionary,the City will pay 800 of the invoice, the invoice not to exceed $200.00. Upon completion of the Functional Responsibility Dictionary,` the City will pay 800 of the invoice, the invoice not to exceed $400.00. Upon completion of a.Needs Assessment Action Plan (final report); the City will pay 800 of the invoice, the invoice not to exceed $1,000.00. Upon the Contractor's satisfactorily providing supportive services to meetings and other activities of Technical Advisory Committee,..Citizens' Advisory Committee, and public hearings,.the City will pay 80% of invoices, made at various times during the contract, the total of such invoices not to exceed $2,300.00: The total amount that the City will pay in response to the above invoices is $8,220.00, including the initial.payment of $1,000.00. Any and all changes to this method of payment may be made only by a mutually agreed upon amendment to this Contract. (c) Approved invoices will be paid by the City within thirty (30) days of the receipt thereof.. ktm 3/22/77 1 - 4 - �1 7. TERMINATION OF CONTRACT FOR CAUSE. In the event of termination of the Contract for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor . shall, at the option of the City become. the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactorily completed work on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by.virtue of any breach of the Contract by the Contractor, and.the City may withhold any payment to the Contractor for the purpose of set -off until such time as the exact amount of damages due the City from the Contractor is determined. 8. TERMINATION OF CONTRACT BY THE CITY. The City may terminate this Contract at any time by giving writ -ten notice to the Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that.event, all finished or unfinished documents and other materials as described in.Paragraph 7 above shall, at the option of the City, become the property of the City. If this Contract is .terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of_ the Contractor covered by this Contract, less payments of compensation previously made; provided, however, that the Contractor shall be reimbursed, in addition.to the above payment, for that portion of the actual costs not otherwise reimbursed -under this Contract incurred by the Contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this Contract.. If this Contract is terminated due to the fault of the Contractor, Paragraph 7 hereof ,relative to termination shall.apply. ktm 3/22/77 - 5 - 9. CHANGES. The City may, from time to time, require the changes in the scope of the services to be performed by the Contractor as are agreed.to by the Contractor without further amendment of this Contract; provided, however., that any change involving an increase in the compensation to the Contractor may be made only by written amendment to this Contract. 10. HOLD HARMLESS. The Contractor agrees to hold the City harmless for any loss, accident or other liability incurred as a result of the performance of this Contract. 11. ASSIGNABILITY. The Contractor shall not assign or transfer any interest in this.Contract without the prior written consent of the City. 12. INTEREST OF CONTRACTOR. The 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 Contract. The-Contractor further covenants that in the performance of this. Contract no person having any such interest shall be employed. 13. COPYRIGHT. No reports, maps, or other documents produced in whole.or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. 14. USE OF DATA BY CONTRACTOR. Data obtained by the Needs Assessment may be duplicated and utilized by the Contractor, unless specifically denied him by the City, for future activities. ktm 3/22/77 - 6 - 15. ADDITIONAL RESOURCES. The Contractor is encouraged to seek outside resources from the State or Federal governments or foundations to supplement the resources of the effort and if such resources.are found, the City may choose at its option and in the best interest of the need`s assessment to increase the amount of this Contract. 16. GOVERNING CONSTRAINTS. This Contract shall be governed.and construedin accordance with the laws of the State of California. 17. CON24UN I CATIONS. Notice to the parties shall, unless otherwise requested in writing, be sent to the following addresses: CITY: City of San Luis Obispo HUMAN RELATIONS CONINISSION P. 0. Box 321 San Luis Obispo; CA 93406 CONTRACTOR: MICHAEL C.. ROBINSON $ ASSOCIATES P.. 0. Box 8423 Los Angeles, CA 90008 All communications,.written or verbal, shall be channeled through the "Project Liaison Officer" who shall be so designated by the City Administrative Officer. ktm 3/22/77 7 .- IN WITNESS WHEREOF the patties hereto have caused this Contract to be duly executed on the day and year first above written MICHAEL C. ROBINSON & ASSOCIATES, a private firm By Jr—ds Attest: Senior 01-FICTAL 01"D c P� NOTAR �j 2L I Y PUBLIC - CA, Lf,�S _L oprVIA -0 ;EtEs r14 ,Y Comm: e;.,' I" ri, logo Attest: C 1 Approved as to form: INTNDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney I 6 By Allen CITY OF SAN LUIS OBISPO By Approved as to content: City Administrative Of r. Human Rtelatili Coordinator ktm 3122/77 - 8 - RESOLUTION NO. 3278 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THOMAS D. GARRIS AND GAIL A. GARRIS,AND WILLIAM A. NELSON AND FLORENCE L. NELSON FOR ACQUISITION OF SANTA ROSA STREET RIGHT OF WAY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement., a copy of which is on file in the Office of the City Clerk, between the City and Thomas D. Garris and Gail A. Garris, and William A. Nelson and Florence L. Nelson for acquisition of right of way for Santa Rosa Street Widening (Document No. 180 -16 and 180 -16 -1) is hereby approved and the Mayor is auth- orized to execute same.. 2. The City Clerk shall. furnish a copy of this Resolution to- gether with a copy of the agreement approved by it to: the City's right of way agent and the City Engineer. On motion of Councilman Petterson , seconded by Councilman " Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day. of April , 1977. ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILL Y A Professional Cooration City Attorney (((((( ��l��l by Allen Grimes Approved as to content: Crty ' ministrativZ. ffic ity gineer R 3278 i Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILL Y A Professional Cooration City Attorney (((((( ��l��l by Allen Grimes Approved as to content: Crty ' ministrativZ. ffic ity gineer R 3278 I..,OLUTION NO. 3277 (1977 Series)�'__, A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF TRACT NO. 6349 LOCATED AT 265 & 275 SOUTH STREET & 3209 330 & 350 WOODBRIDGE STREET BE IT RESOLVED by the Council of the City,of San Luis Obispo as follows: (A) That the Council, after consideration of the tentative map of Tract 634 and the Planning Commission staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with applicable -general-.and specific plans. 2. The design or improvement of the proposed subdivision is consistent with applicable _general and specific plans_ 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the_proposed densify of development. 5. The design of the subdivision -and--the-proposed improvements are not likely to_ cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, acquire by the public at large, for access through or use of property within the proposed subdivision. (B) That the tentative map for Tract 634 be approved subject to the following conditions: 1. All lot corners shall be staked by a registered civil engineer or licensed surveyor. 2. Subdivider shall install a 12 inch waterline in South Street right -of -way from Beebee Street across entire South Street frontage. 3. Subdivider shall install fire hydrants to Fire _Department approval. 4. All utilities shall be underground and installed or assured prior to final _tract map approval. _(Including water service and sewer laterals.) _ 5. Subdivider shall pay water acreage fees for all lots prior to final tract map approval. 6. Final tract map shall show lots 1 and 2 served by a 24 foot common access drive- way. No other access shall be permitted to South Street and shall be so noted on final tract map. 7. Subdivider shall prepare and submit for approval of the City Engineer, a drainage and grading plan, including existing fill material to be removed and recompacted prior to final tract map approval. 8. Subdivider shall dedicate additional Woodbridge Street right -of -way as necessary to accommodate cul -de -sac turnaround. 9. Subdivider shall install full one -half plus additional 12 foot travel lane street improvements across Woodbridge Street frontage. Said improvements shall consist of curb, gutter; sidewalk, base and paving and shall be installed or 'assured prior to finaT_tract -map approval. 10. Subdivider shall install street trees to the approval of the Public Service Department. 11. Utility easement on lot 5 shall be at street frontage only and shall be deleted on final tract map across southerly property line. On motion of Councilman Gurnee . , seconded by Councilman Petterson , and on the following roll call vote: R 3277 •Council Resolution No. 3 Page 2 `J Tract 634 AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this Sth day of April 1977. ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LA MOTt & LILLEY, City Attorney By Allen Grimes Approved as to content: City Admini$trat)lve UffUer community oeveiopmeT uirector CiTty E Cr er RESOLUTION NO. 3276 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING A GRANT FROM RETIRING CITY COUNCILMAN MYRON J. GRAHAM FOR SCULPTURE FOR MISSION PLAZA. WHEREAS, Myron J. Graham, who has had the valued experience of eight years service on the City Council and the enjoyment of twenty -eight years residency in San Luis Obispo, which have given him great satisfaction, feels compelled to give something in return; and WHEREAS, Myron J. Graham realizes there has been a need for a piece of.sculpture in "our" Mission Plaza; and WHEREAS, Myron J: Graham has submitted for Council consideration a grant to the City for purchase of sculpture from sculptor John A. Augsburger to be matched by an in -kind contribution from the City covering installation performed by the Public Services Department under the general supervision of Mr_ Augsburger; and WHEREAS, if the proposed arrangement is not acceptable to the City, Myron J. Graham will withdraw his offer NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The City Council hereby gratefully accepts the offer of Myron J. Graham contingent upon the following conditions: a. The sculpture be installed at.a location which is acceptable to Mr. Graham; b. At the request of the donor, the City will give no formal ceremony or publicity to the project; and hereby commits the sum of $500 to the project. Section 2. The Public Services Department is hereby directed to assist in the installation of said sculpture in Mission Plaza. R•3276 It Resolution No. 3276 (1977 Series) On motion of Councilman Gurnee, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of April, 1977. ATTEST: Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHfIMER, de la MOTTE $ LILLEY City Attorney ;t .—.&%' By Allen Grimes t. City Administrative Offfter -2- Public Service "s Director c�� o RESOLUTION NO. 3275 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL IMPROVEMENT APPROPRIATION FOR THE 1976/77 FISCAL YEAR AND AUTHORIZING A TRANSFER OF FUNDS BE IT RESOLVED by the City Council as follows: 1. That the following appropriation.- account.:is established to provide for the purchase of a portion of real property located at 1017 Broad Street, Account No. (40) 40- 3360 -508 40- 0510 -000 40- 0600 -000 Description Broad Street Property Acquisition Appropriation Increase Unappropriated Balance Budget Amount $50,000. DR. 50,000. CR. 50,000." DR. 2. That an interest free loan is authorized from the Duvall Trust fund in the amount of $50,000. to provide funds for the above purchase. This loan shall be repaid from Capital Improvement Fund revenues during the 1977/78 fiscal year and shall be recognized in the following accounts. Account No Capital Improvements Fund 40- 0195 -650 40- 0360 -650 Duvall Trust Fund 65- 0160 -400 Description Budget Amount Amounts to be Provided Duvall Trust Fund Loan $50,000. DR. Amounts Due to Other Funds To Duvall Trust Fund $50,000. CR. Due from Other Funds Capital Fund Loan 50,000. DR. 65- 0415 -100(- Reserve for Advances to Capital Fund 50,000. CR. R 3275 On motion of Councilman Norris seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz. NOES: Councilman Gurnee ABSENT: None the foregoing Resolution was passed and adopted this lst day of April , 1977. ATTEST: Approved as to form: WENDT, MITCHELL, INSHEIMER, de la MOTTE $ LI Y City Attorney By Allen Grimes Approval by Trustee: Approved as to content.: The transfer set forth in this Resolution is approved by me as Trustee of the Mary Jane Duvall Trust. I , E. Schwartz, Trustee.