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5700-5733
RESOLUTION NO. 5733 (1985 SERIES) A RESOLUTION APPROVING TWO ANNUAL CLAIMS FOR MONEY FROM THE LOCAL TRANSPORTATION FUND AND THE STATE TRANSIT ASSISTANCE FUND. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To approve the 1985 -86 annual claim for local transportation funds_ 2. To approve the 1985 -86 annual claim for state transit assistance funds. 3. To authorize the Transit Manager to execute the appropriate claim forms. 4. To direct the City Clerk to forward one executed copy of each claim and a certified copy of this resolution to: San Luis Obispo County and Cities Area Planning and Coordinating Council County Government Center San Luis Obispo, CA 93408 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 Resoluti as ssed and adopted this 16th day of ` July , 1985. ki CITYJCLERK PAMELA Finance Di ctor ILL R 5733 t P,r`4ilCieo( �jo -�¢r� ` L i e I i I ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS CLAIM NO.: TDA -SLO -85/86 FISCAL YEAR: 1985/1986 TO: San Luis Obispo Area Coordinating Council County Government Center San Luis Obispo, Ca. 93408 FROM: CLAIMANT: CITY OF SAN LUIS OBISPO ADDRESS: P.O. BOX 8100 CITY: SAN LUIS OBISPO, CA ZIP CODE: 93403 -8100 CONTACT PERSON: NANCY KNOFLER PHONE NO.: 549 -7122 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made for the purposes and in the respective amounts as described in the attached claim form. Total LTF /STA funds being claimed are: $748,875 a) Annual Local Transportation Fund (LTF) apportionment $67.8,320 b) Annual State Transit Assistance (STA) Funds Operator Revenues $ 53176 Apportionment $652379 CITY OF SAN LUIS OBISPO (Claimant) By: k� Title: T SIT MANAGER Date: ►tiQ.n �� I S This claim was approved by San Luis Obispo Area Coordinating Council at their meeting by Resolution No. 85- Title: Date: hf/38781 (2717) t FY 85/86 CITY OF SAN LUIS OBISPO STATE.TRANSIT ASSISTANCE FUND ANNUAL PROJECT AND FINANCIAL CLAIM Briefly describe all proposed projects and indicate proposed expenditures for the ensuing fiscal year. Project Title and Brief Description Purpose (see item 2 below) Amount # 1 Street Work STA Apportionment for street $ 659379 Various dapital improvement work (PUC Section 99313.3) projects for street main- (CAC, 6731d) tenance, reconstruction, and construction 4! 2 SLO Transit "Operator Revenues" for opera- $ 49098 A -local transportation tions (PUC Section 99314) system operated by the City of San Luis Obispo through a private transportation_ contractor # 3 North Coastal Transit A regional transportation system operated by North Coastal Transit, a joint powers agency, through a private transportation contractor- 1) Total claim for STA Funds "Operator Revenues" for opera - $ 1,078 tions (PUC Section 99314) 2) Identify purpose for claim (circle where applicable): a. Operator Revenues (PUC Section 99314) b. STA Apportionment 38801 (2721) The operating cost of the operator's public transportation system (CAC, Section 6730a). The capital requirements of the operator's public transportation system (CAC, Section 6730b). Payment to an entity under contract with the city or county (CAC, Section 6731b). Streets and Roads purposes (CAC, Section 6731d). CERTIFIED $ 70,555 $ 5,176 $ 5,176. $ -0- $ -0- $ 65,379 BY: —� <1 A.—..._ TITLE: T SI AGER DATE: ) S FY 85/86 CITY OF SAN LUIS OBISPO LOCAL TRANSPORTATION FUND ANNUAL PROJECT AND FINANCIAL PLAN Page 1 of 2 Briefly describe all proposed projects title and descriptions the proposed use of these funds (by Article and Section of the Transportation Development Act) and the proposed expenditures for the ensuing year. Project Title and Brief Description Purpose: PUC Article /Section Amount l� 1 SLO Transit Article 4, Section 99260(a) $ 360,719 A local fixed route transportation system operated by the City of San Luis Obispo �{ 2 North Coastal Transit Article 4, Section 99260(a) $ 49,580 A regional transporta- tion system operated by North Coastal Transit, a Joint Powers Agency 3 Regional Handicapped Article 4, Section 99260(a) $ 30,062 Transit A regional handicapped transpor- tation system operated by SLO Regional Transit Authority, a Joint Powers Agency # 4 Street Work Article 8, Section 99400(x) $ 237,959 Various capital improvement projects for street.maintenance, reconstruction and construction ANY ADDITIONAL LTF APPROTIONMENT WHICH MAY BECOME'AVAILABLE DURING FISCAL YEAR 1985 -86 WILL BE APPLIED TO STREET WORK UNLESS THERE ARE UNANTICIPATED TRANSIT EXPENDITURES. NOTE: Please identify as a seperate project how you would spend any additional LTF funds that may become available during the fiscal year, providing that they can be obli ated CITY OF SAN LUIS OBISPO - Page 2 of 2 Project Title and Brief Description Purpose: PUC Article /Section Amount �l TOTAL CLAIM: $.678,320 a. Total claim for Article 4.5 Funds (Section 99275). $ b. Total claim for Article 4 Funds (Section 99260). $ 360,719 c. Total claim for Article 8(c) Funds (Section 99400c). $ 79,642 d. Total claim for Article 8(a) Funds (Section 99400a). $ 237,959 (1) Total agency budgeted expenditures for streets and roads (copy must be attached to claim). $ 2.899.200 (2) Percentage of claim (d) of total (d -1) X ' e. Total claim designated for $ 0 (other) CERTIFIED: By: 11 1 rte-- r Title: TRYNSIT MANAGIU Date: ` U� 38811 (27201) RESOLUTION NO. 5732 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ADVOCATE FOR SERVICES PROVIDED FROM JULY 1, 1985 THROUGH DECEMBER 31, 1985. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Advocate is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Advocate, Human Relations Commission, City's Finance Director. On motion of Councilman Settle Seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembeis Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: none ABSENT: none The foregoing resolution was passed and adogyadLhis 16th day of July 1985. APPROVE: c/; City Ad ni trative Officer r Melanie R 5732 AGREEMENT LANDLORD /TENANT INSPECTION SERVICE ADVOCATE THIS AGREEMENT is by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City ")-arid Advocate, independent contractor providing consulting services (hereinafter referred to as "Consultant "). WHEREAS, Consultant has the expertise to maintain a program known as Landlord /Tenant Inspection Service (LTIS)--and WHEREAS, City desires to retain Consultant as an independent contractor to provide certain services not currently performed by City employees or available within City services NOW, THEREFORE, City and Consultant, for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Commencing July 1, 1985, Consultant agrees to provide.services to the City as directed by the Human Relations Commission. Said services shall continue through December 31, 1985, providing, however, that either party may terminate this agreement by 14 days written notice to the other party. 2. Notwithstanding any other representation, oral or written, between the parties, including any and all agents or representatives thereunder Consultant, at all times covered by the terms of the agreement, is acting as a free and independent contractor and not as an employee of the City. 3• City agrees to provide office space and supplies necessary for performance under this agreement, subject to purchase authorization by the City. All supervision and direction necessary shall be provided by the Assistant to the City Administrative Officer in accordance with the guidelines established by the Human Relations Commission of the City of San Luis Obispo. 4. City agrees to pay consultant at the rate of 80% of fees collected, said fee amount and structure as shall be established by the Human Relations Commission. 20% of fees collected will be retained by the City for use by the Human Relations Commission for promotion and publicity of the LTIS program. Consultant shall transmit to the HRC a monthly statement of the services provided prior to payment stating the inspections made and full particulars as to clients and services. Consultant shall not accrue vacations, sick leave, or other similar benefits including unemployment insurance and medical benefits available to regular city employees. AGREEMENT — CITY OF SAN LUIS OBISPO /ADVOCATE Page 2 5. Consultant agrees to use its best efforts to maintain a program to be known as the Landlord /Tenant Inspection Service (LTIS). LTIS shall be a service made available to the tenants and landlords in the City of San Luis Obispo. No services under this agreement shall be provided outside the City of San Luis Obispo. Such services will consist of., but not be limited to, an inspection of rental premises upon the request of either a landlord or a tenant and the preparation of a report setting the condition found to be present in said premises. Consultant agrees to work within such guidelines as may be set forth from time to time by the Human Relations Commission of the City of San Luis Obispo. 6. This is an agreement for professional services and is not assignable without the prior written consent of the City. 7. All information and records collected by Consultant shall remain the property of the City of San Luis Obispo. 8. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mai:l to the following addresses: CITY: CITY CLERK City of San Luis Obispo P.O. Box 321, San Luis Obispo, California 93406 CONSULTANT: ADVOCATE AGREEMENT CITY OF SAN LUIS OBISF_. Page 3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this 16th day of July 1985. CONSULTANT /ADVOCATE Lynn 4cLure, Ow er Terri Mineau, Owner APPROVED AS TO FORM: Kg�s pa ro Rela ns Commi sion Stelfe V,$hcreVson, Assistant to City A ministrative Officer �UDI.Q�� �� �� �inahC� �{ -'ilk �� RESOLUTION NO.. 5731 (1985 Series) A OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CONTRACT WITH PEAT, MARWICK, MITCHELL & CO. FOR ANNUAL AUDITING SERVICES FOR ONE.ADDITIONAL YEAR,. FY 85 -86. WHEREAS, the present contract with Peat, Marwick, Mitchell & Co. expires with the audit of 6- 30 -85, and; WHEREAS, Peat, Marwick, Mitchell & Co. has offered to extend their services to the City through the audit of 6- 30 -86, and; WHEREAS, Peat, Marwick, Mitchell & Co. has offered to reduce their fee for the audit of 6 =30 -85 from $39,900 to $36,300, and to perform the audit of 6 -30 -86 for the same fee_($36,300) within the terms and condi- tions of the present contract, and; WHEREAS,.it is in the best interest of the City to retain the con- tinuity of Peat, Marwick, Mitchell & Co.'s services through the imple- mentation of the new financial computer system, and;' WHEREAS, due to Peat, Marwick, Mitchell'& Co.'s past five years' experience as auditors for the City, they have a unique ability to advise and assist the City in its implementation of a new computer system not available with any other firm. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract between Peat, Marwick, Mitchell & Co. and the City of.San Luis Obispo is hereby.approved for one year, through the audit of 6- 30 -86. R 5731 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.16th day of July 1985: - 1 Approved: 4jd YorS ����a.•�c.� Cl CONTINUING AUDIT CONTRACT AGREEMENT FOR AUDITING SERVICES This agreement made and entered into this 16th day of,July, 1985, between the CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO, CALIFORNIA, herein Called "CITY" and PEAT, MARWICK, MITCHELL & CO., 555 SOUTH FLOWER STREET, LOS ANGELES, CALIFORNIA, 90071, herein called the "AUDITOR." PARTIES WHEREAS, it is the intention of the CITY to provide for the examination of its financial statements in accordance with provisions of Section 810 of the CITY Charter; and WHEREAS, the AUDITOR is a firm of Certified Public Accountants, duly authorized to practice and licensed as such by the California State Board of Accountancy and experienced in City and Special District auditing; and WHEREAS, the Auditor was awarded a five -year contract with the CITY which ends 6- 30 -85, by a comprehensive proposal procedure: and WHEREAS, the AUDITOR's experience with the CITY uniquely qualifies them to aid the CITY during the implementation of its new computer -based financial system. AUDIT PROCEDURES AND SCOPE NOW THEREFORE. in consideration of the mutual covenants, conditions and promises hereinafter contained, the CITY hereby engages AUDITOR, and AUDITOR hereby agrees to examine the financial records of the CITY and perform services as set forth in their original proposal, Exhibit "B ", for one additional year, FY 85 -86. AUDITOR will prepare and deliver audited financial statements and reports as set forth in CITY's request for proposal, Exhibit "A ". It is understood that the services performed by the AUDITOR is in the capacity of an independent contractor and not as an officer, agent, or employee of the CITY. The examination shall be made in accordance with generally accepted auditing standards as set forth in Exhibit "A" and accordingly shall include such tests of the accounting records and such other auditing procedures the AUDITOR considers necessary in the circumstances in order to allow for the expression of an opinion on the financial statements of all funds of the CITY. It is understood that such procedures are not designed primarily to disclose defalcations or other irregularities. PERIOD COVERED BY AGREEMENT This agreement shall cover the audit of one (1) fiscal year beginning July 1, 1985, and ending June 30, 1986. COMPLETION OF AUDIT REPORT In accordance with the provisions of Section 810 of the CITY Charter, AUDITOR shall submit a copy of the final audit and report to the Council, the City Clerk, the City Treasurer, the City Finance Director, the City Administrative Officer and the City Attorney, as soon as possible after the examination has been completed. Five additional copies shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. Subject to the availability of the records by the CITY, the report will be delivered within 90 days from the close of the CITY'S fiscal year. CONSIDERATION Fees for services rendered may be billed as work progresses, but not more than once a month. Such fees shall be paid promptly by the CITY. The total payment to the AUDITOR for services and expenses rendered under this agreement shall be $36,300 for the 1985 -86 Fiscal Year, except as provided below: The maximum annual fee stipulated above contemplates that conditions satisfactory to the normal progress and completion of the examination will be encountered and that CITY accounting personnel will furnish the agreed upon assistance in connection with the preparation of the necessary detail schedules and the production of documents for AUDITOR's inspection. However, if AUDITOR feels unusual circumstances are encountered which make it necessary for AUDITOR to do additional work, AUDITOR shall report such conditions immediately to the responsible CITY Officials, and if both parties agree that circumstances are unusual they may negotiate such additional compensation as appears justified. EXTRAORDINARY SERVICES It is contemplated that from time to time the CITY may wish AUDITOR to perform accounting and auditing services in addition to those which are usual and customary in making an examination of the financial statements of the CITY. If so, AUDITOR shall be compensated for any such services performed which are validly authorized at their normal hourly rates in effect at that time. However, if such additional services require the expertise of consultants, AUDITOR and CITY may negotiate separate rates and estimated fees for the work contemplated. In witness whereof, the parties hereto have signed this agreement as of the day and year herein first above written. Date: 2 ul, /G— PEAT, MARWICK, MITCHELL & CO. APPROVED AS TO City At APPROVED AS TO CONTENT: Resolution No. 5731 l` SEE EXHIBIT "A" & "B" IN SUBJECT FILE 4223 (Peat, Marwick) `,J / J RESOLUTION NO. 5730 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND TOM JONES CREATIVE ADVERTISING TO PROVIDE CERTAIN ADVERTISING SERVICES TO ASSIST BIA WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the city and Thomas L. Jones dba Tom Jones Creative Advertising. 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: Tom Jones Creative Advertising and Business Improvement Area, City Finance Director 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 wAy.paasgd and adopted this 16th day of July , 1985. * * s a s C. BILLIG Finance Direc r Assista 'C' y Administrative Officer R 5730 AGREEKENT-FOR- PROFESSIONAL- SERVICES THIS AGREEMENT, made and entered into this 16th day July, 1985, by and between the SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT AREA, hereinafter called 'BIA ", and THOMAS L. JONES, doing business as TOM JONES CREATIVE ADVERTISING, hereinafter called "Consultant," providing for certain advertising services to be performed by Consultant to assist BIA; WITNESSETH: WHEREAS, BIA. requires certain advertising services to promote its activities and desires to employ Consultant to perform those services; and WHEREAS, Consultant is willing to perform those services; NOW, THEREFORE, in consideration of these facts, the parties mutually agree as follows: 1. SERVICES--TO-BE PERFORMED-BY-CONSULTANT: Consultant will perform the following advertising services:. a. Creative Services (ideas, copywriting). b. Coordinate Radio/TV/Newspaper campaigns. C. Assist the BIA in planning advertising budgets. d. Assist with promotional planning. e. Place all advertising for the various BIA campaigns. f. Provide professional advertising and promotional consistency. g. Attend the BIA promotional committee meetings. h. Supervise all radio and TV production. i Verify advertising charges prior to the invoices being approved for payment. U j. To assist the Administrator with the preparation of the monthly BIA newsletter. k. To establish a complete and accurate BIA member list and provide a monthly computer update with all additions, deletions and corrections. 1. Assist the advertising committee in communicating.with the BIA membership. 2. TERM -OF- AGREEMENT: The term of this Agreement shall be from July 1, 1985 to June 30, 1986, unless terminated earlier by either party by fifteen (15) days' written notice. 3. ADDRESSES: For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: BIA Business Improvement Area c/o City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403 -8100 Attn: City Clerk and BIA Administrator CONSULTANT Tom Jones Creative Advertising 11555 Los Osos Valley Road C -3 San Luis Obispo, CA 93401 4. COMPENSATION: Consultant shall be compensated for professional services outlined in Section 1 above at the rate of One Hundred Fifty Dollars ($150.00) per month for the term of this agreement. Except for reimbursement of actual charges for typesetting, film, processing, and other authorized expenses, Consultant shall receive no other compensation or reimbursement from the BIA for performance hereunder. -2- J 5. ASSIGNMENT: This is an agreement for professional services based upon personal performance of the Consultant and is not assignable without prior written consent of the BIA. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date first written above. CONSULTANT: TOM JONES CREATIVE ADVERTISING Thomas L. Jones SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT AREA -3- --rom TD11�es RESOLUTION NO. 5729 (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: PROJECT: Sewerline Improvement Project - CITY PLAN NO. H -25R Santa Maria /Santa Ynez ESTIMATE: $45,550.00 BUDGET ACCOUNT: Fund 948 R. Baker, Inc. BIDDER: Arroyo Grande, CA BID AMOUNT: $45,445.50 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 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 pass July , 1985. ATTES CITY CLERK PAMELA VO AP OVE Q City "Administrative Ifficerl City Engineer R 5729 Gyo!��ra�fo� C (71 RESOLUTION NO. 5728 (1985 Series) A RESOLUTION OF THE 03UNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERRING MONEY FROM F= 984 (SANTA ROSA /SAN LUIS CREEK PROTECT) AND UNAPPROPRIATED REVENUE SHARING FUNDS TO PROTECT ACOOUNT FUND 996 AND ACCEPTING LOW BID AND AMMING A a)NTRACT TO NICK E. POKRATAC FOR OONSTRUCTION OF DOVVMWN SIDEkMK RECONSTRUCTION PROTECT, PHASE II BE IT RESOIVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That $12,640 be transferred from Fund No 984 (Santa Rosa /San Luis Creek) to Project Fund No. 996. SECTION 2. Appropriate $16;900 from the Capital Outlay Account unappropriated balance to Project Fund No. 996. SECTION 3. City Council accepts low bid of Nick E. Pokrajac and awards contract. SECTION 4. The City Clerk is directed to prepare for signature a contract with Nick E. Pokrajac to construct. City Plan J17B (Bid Amount $135,042). On notion 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 -I tti day of July - -- 1985. R 5728 Resolution No. 5728 (1985 Series) Page 2 City En ineer F-/As lonely r f.. RESOLUTION NO. 5727 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The attached Traffic Work Orders for the period of April 1, 1985 through June 30,,-19 85 are hereby approved. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin and Mayor Billig NOES: Councilman Dunin ABSENT: None the foregoing Resolution was passed and adopted this 16th. day of July , R 5727 ��'I�i t 1 e6e -`i 1 -5 7 2 �I�N��II��I�NIIIII�III QIII �J 1" MEETING DATE. c� San tuIS OBISPO Jul 16 198 a NMI COUNCIL_ EN ®A R�� ®i U FROM: David F. Romero (� Wayne A. Peterson, Prepared by: Barbara Lynch Public Works.Direct r City Engineer - e- ,_ Engineering Assistant /Traffix SUBJECT: Traffic Work Orders for the Period of April 1, 1985 through June 30, 1985 CAD RECOMMENDATION: Adopt Resolution Approving Traffic Work Orders for the Period of April 1, 1985 through June 30, 1985 BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. Nearly one -half were requests for signing, including signs for new tracts from both staff and the public. Another one - quarter were requests for red curbing. The remainder were striping, signal and parking - related requests from the public and staff. It has been the Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of April 1, 1985 through June 30, 1985. Attachments: by Completed Traffic Work Orders - April 1, 1985 through June 30, 1985 (available in the Council Office for inspection) I I, j2 - - / RESOLUTION NO. 5726 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985, TO INCLUDE A VOTE ON A PROPOSED AMENDMENT TO CITY OF SAN LUIS OBISPO CHARTER TO ADD SECTION 908 REQUIRING DEVELOPMENT OF LANDS ANNEXED TO THE CITY TO BE CONSISTENT WITH THE GENERAL PLAN WHEREAS, the City of San Luis Obispo Charter does not presently include specific provisions governing the manner of development of lands annexed to the City; and WHEREAS, the Council is of the opinion that the Charter should be revised to provide that the development of lands annexed to the City can be done only in a manner and at a time consistent with the General Plan adopted by the Council and as amended from time to time; and WHEREAS, this amendment would clarify to all concerned the policy of the City with respect to future development potential of lands that may be annexed to the City; and WHEREAS, a general municipal election is scheduled to be held on Tuesday, November 5, 1985. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The general municipal election ordered to be held on Tuesday, November 5, 1985, shall include voting on a proposed amendment to the Charter of the City of San Luis Obispo to add Section 908 requiring annexed lands to be developed in a manner and at a time consistent with the General Plan. SECTION 2. Said proposed Charter amendment would add Section 908 to the Charter of the City of San Luis Obispo to read as follows: R 5726 Resolution No. 5726 (1985 Series) Page 2 SECTION 908. Development of Annexed Lands. Lands annexed to the City may only be developed at a time and in a manner consistent with the General Plan adopted by the City and as may be amended from time to time by the Council. SECTION 3. That the City Council does order submitted to the qualified electors of the City at the General Municipal Election the following question: ` MEASURE C Shall the City Charter be amended to add YES Section 908 to require that annexed lands may only be developed consistent with the NO General Plan? SECTION 4. City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code and Government Code (Sec. 34458). On motion of Councilman Griffin., seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle and Mayor Billig NOES: Councilmembers Dovey and Dunin ABSENT: none the foregoing Resolution was passed and adopted this 15th day of July, APPROVED: City Administrative Officer -TT- RESOLUTION NO. 5725 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985, TO INCLUDE A VOTE ON A PROPOSED AMENDMENT TO CITY OF SAN LUIS OBISPO CHARTER SECTIONS 602 AND 606 TO REVISE ORDINANCE REQUIREMENTS AND AMENDMENTS. WHEREAS, the City of San Luis Obispo Charter Sections 602 and 606 presently require the amendment and publication of entire sections of ordinances even when only subsections thereof are affected by the proposed amendment(s); and WHEREAS, this Council is of the opinion that the Charter should be amended to eliminate oftentimes excessive publication, needless admini- strative work and unnecessary additional expenses resulting from minor amendments to ordinance provisions; and WHEREAS, this Council retains the right to require more extensive amendments to, and publication of, ordinances whenever the public health, welfare, safety, and interest so require; and WHEREAS, a general municipal election is scheduled to be held on Tuesday, November 5, 1985. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The general municipal election ordered to be held on Tuesday, November 5, 1985, shall include voting on a proposed amendment to Charter Sections 602 and 606 which would revise ordinance publication requirements and amendments. SECTION 2. Said proposed Charter revisions would amend Sections 602 and 606 of the Charter of the City of San Luis Obispo to read as follows: SECTION 602. Requirements of Ordinances. (A) With the sole exception of ordinances which take effect upon adoption referred to in this article, no R 5725 Resolution No. 5725 (1985 Series) ordinance shall be passed by the Council on the day of its introduction nor within five (5) days thereafter, nor until its publication at least once in full in a newspaper of the City of San Luis Obispo at least three (3) days before its adoption; and in case of amendment being made thereto before the final adoption of the ordinance, the amended portion or portions of said ordinance must in like manner be republished at least one day before its adoption as amended, provided that no less than a full subsection shall be published. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of the foregoing sentence. (B) The publication of ordinances as required by subdivision (A) may be satisfied by the publication of a summary of the proposed ordinance in lieu of publi- cation of the full text as required in subdivision (A). At the time the proposed ordinance is intro- duced, the Council shall determine whether the full text of the ordinance shall be published or whether a summary shall be published; if the Council fails to so determine, the full text shall be published. If the Council determines that a summary shall be published, the summary shall be approved by the City Attorney. A copy of the full text of the proposed ordinance shall be on file in the office of the City Clerk on and after the first business day following its introduction, and shall be available to any interested member of the public. SECTION 606. Amending Ordinances. No ordinance shall be amended by reference to its title, but the subsections thereof to be amended shall be re- enacted at length as amended; and any amendments passed contrary to the provisions of this section shall be void. (The provisions to be added by the proposed Charter Amendments are those provisions underlined in the proposed Sections 602 and 606, immediately above). SECTION 3. That the City Council does order submitted to the qualified electors of the City at the General Municipal Election the following question: Page 2 MEASURE B Shall City Charter Sections 602 and 606 be amended YES to allow for changes to the Municipal Code to be done by subsections? NO Resolution No. 5725 (1985 Series) Page 3 SECTION 4. City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code and Government Code (Sec. 34458). On motion of Councilwoman Dovey seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of July 1985. s s s s Appro Q City Administr hive ffi 7r (/e � -,C,/ - — C �,- e RESOLUTION NO. 5724 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985, TO INCLUDE A VOTE ON A PROPOSED AMENDMENT TO CITY OF SAN LUIS OBISPO CHARTER SECTION 405, TO LIMIT THE TERM OF ANY ELECTED OFFICIAL TO EIGHT YEARS IN SUCCESSION, EXCLUDING PARTIAL TERMS. WHEREAS, City of San Luis Obispo Charter Section 405 presently requires that the term of any elected official be limited to eight years in succession; and WHEREAS, this Council is of the opinion that the Charter should be amended to qualify terms of office to exclude terms of less than one -half duration to avoid removal of an elected officer during mid -term and thereby resulting in appointment of another officer by the City Council or the calling of a special election to fill said vacancy; and WHEREAS, this amendment would be consistent with the City's adopted Advisory Body Handbook governing terms of office for advisory body members; and WHEREAS, a general municipal election is scheduled to be held on Tuesday, November 5, 1985. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The general municipal election ordered to be held on Tuesday, November 5, 1985, shall include voting on a proposed amendment to Charter Section 405 which would qualify terms of office to exclude partial terms of less than one -half duration. SECTION 2. Said proposed Charter amendment would amend Section 405 of the Charter of the City of San Luis Obispo to read as follows: R 5724 i Resolution No. 5724 (1985 Series) SECTION 405. Limitation of Terms. (A) Neither the Mayor nor any member of the Council shall serve in the same office for more than Page 2 eight (8) years in succession; provided, however, that any time in office resulting from a partial term which is less than one -half (1/2) the length of the full term for that office shall not be considered. (The provisions to be added by the proposed Charter Amendment are those provisions underlined in the proposed Section 405, immediately above).. SECTION 3. That the City Council does order submitted to the qualified electors of the city at the General Municipal Election the following question: MEASURE A Shall City Charter Section 405 be amended YES so that time served as a result of an appoint- ment or election which is less than one -half NO (1/2) of the full term not be included in determining the eight (8) year limitation? SECTION 4. City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code and Government Code (Sec. 34458). Resolution No. 5724 (1985 Series) Page 3 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 July 1985. ATTEST: CITY CLERK APP d: Q- 5 City Administrativ Off cer Ci t ney, ty Clerk � � � ��r�i�ied ���� r.��. �%:�►/ ., , �i l� .- RESOLUTION NO. 5723 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES WHEREAS, on July 8, 1985, the Mayor.of the City of San Luis Obispo, acting pursuant to the authority granted by Charter Section 407 and Municipal Code Chapter 2.24 and in her capacity as Director of Emergency Services, issued a proclamation of the existence of a local emergency; and WHEREAS, the circumstances surrounding the incident known as the "Las Pilitas Fire" constituted an immediate and serious peril to the safety of persons and property within the City which were beyond the control of the services, personnel, equipment and facilities of this City and which required the combined forces of many other political subdivisions to combat; and WHEREAS, the peril presented by the fire has been successfully eliminated. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The Proclamation issued on July 8, 1985, by the Director of Emergency Services declaring the existence of a local emergency is hereby ratified. Section 2. The local emergency is hereby proclaimed to be terminated. On motion of - Councilman - Settle , seconded by -Councilman-Dunin - - -, and on the following roll R 5723 Resolution No. 5723 (19101- Series) ^ Page 2 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 APP City Administrative Offic r City torney 1-7 RESOLUTION NO. 5722 (1985 Series) city of s Luis oBiapo -1 1M0-'qqCnL -'O� olut 10*0% -," I U IM of Ap"pizeciAtion EXPRESSING THE CITY'S DEEP GRATITUDE AND HEARTFELT APPRECIATION. TO ALL THE LOCAL AND STATEWIDE FIRE CREWS AND COMMUNITY•SUPPORT SERVICES FOR THEIR EFFORTS IN PROTECTING THE CITY OF SAN LUIS OBISPO FROM THE LAS PILITAS FIRE.MONDAY, JULY 89 1985 WHEREAS, the Las Pilitas fire threatened the City of San Luis Obispo Monday morning, July 8, 1985; and WHEREAS, substantial additional firefighting resources were absolutely necessary to stop the fire from entering the city; and WHEREAS, the City of San Luis Obispo required units from agencies throughout the state of California, which were immediately dispatched to the scene; and WHEREAS, the heroic and diligent efforts of fire crews limited structural damage to one residence, fences, decks, and two outbuildings; and WHEREAS, no human lives were lost; and WHEREAS, damage to approximately $200 million dollars worth of personal property was avoided; and WHEREAS, state and local police agencies, various public agencies, community groups, local businesses, the media; and scores of individual citizens contributed to the smooth operation of the emergency situation; and WHEREAS, 3,000 San Luis Obispo residents evacuated their homes and over 2,000 firefighters were fed and housed in the area; and WHEREAS, the American Red Cross, Salvation Army, Cal Coast Charter, Cal Poly, San Luis Unified School District; and many individuals provided.special services for residents and firefighters; and WHEREAS, the support services noted are only a partial.list of the many generous agencies, community groups, and volunteers; and WHEREAS, one of the most potentially 'devastating fires was contained because of the immediate.response, coordinated effort, professionalism, and courageous display of skill, experience; and dedication from each of the firefighters from the following agencies: �7Q� 4 The San Luis Obispo Fi,r Department; U.S. Forest Service alifornia Department of Forestry; the counties of`Kern, Kings, Los Angeles, Madera, Merced, Orange, San Luis Obispo, Santa Barbara, and Ventura; the cities of Arcadia, Arroyo Grande, Atascadero, Beverly Hills, Brea, Buena Park, Burbank, Culver City, Downey, E1 Monte, Fullerton, Gardena, Glendale, Grover City, Hermosa Beach, La Habra., La Habra Heights, La Verne, Long Beach, Los Angeles, Lynwood, Manhattan Beach, Monrovia, Montebello, Morro Bay, Pasadena, Paso Robles, Pismo Beach, Redondo Beach, Santa Fe Springs, Santa Maria, Santa Monica, Sierra Madre, Torrance; the Fire Protection Districts of Cambria, Cayucos, South Bay Fire, Oceano Community Services, Santa Margarita, and Templeton; Cal Poly . San Luis Obispo;.CMC - San Luis Obispo; Vandenberg Air. Force Base; and, via the Office of Emergency Services, strike teams were sent from Benecia; Vacaville Rural; CMC - Vacaville; Suisun Fire Protection District; City of Napa; West Stanislaus County; City of Stockton; Delta Fire District; Woodbridge Fire Protection District; City of Sacramento; City of Sutter Creek; Citrus Heights Fire Protection District; Rancho Cordova Fire Protection District; City of Winters; and communications units were sent from.the City of'Montclair and the City of Corona. NOW, THEREFORE, BE 'IT RESOLVED that this City Council extends its sincere and deepest thanks to each individual man and woman making up all fire crews and support services as well as our local and county residents and individual citizens for their tremendous courage and dedication while protecting the City of San Luis. Obispo from a major catastrophe. 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 12th.day of July, 1985. 2. RESOLUTION.NO. 5721 NEVER ADOPTED - USED THIS FOR TRACKING PURPOSES R 5721 Recording requested by: The City of San Luis Obispo When recorded return to: DOC.. NO. or ) 48 OFFICIAL RECORDS -` SAN LUIS OBISPO CO., CA OCT 1 5 1985 FRANCIS M. COONEY City Clerk's Office County Clerk - Recorder City of San Luis Obispo TIME 8:00 AM P.O. Box 8100 San Luis Obispo; CA 53403 -0100 A.P.N. 03- 392 -25 �I 0 RESOLUTION NO. 5720 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF BRIZZOLARA STREET SOUTHERLY OF NIPOMO STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT TO EASEMENTS RESERVATIONS. WHEREAS, the City Council held public hearings on August 3; 1985 and on July 2; 1985, pursuant to Division 9; Part 3. Chapter 2 of the California Streets and Highways Code. NOW THEREFORE BE IT RESOLVED, that the Council of the City of San Luis Obispo finds and determines that a portion of Brizzolara Street southerly of Nipomo Street (adjacent to U.S. Highway 101) as described and shown on the map marked Exhibit "A ". attached hereto and incorporated herein; is not necessary for present or prospective public street purposes subject to (A) Recordation of a parcel map to reflect new property lines, and (B) reservation of the entire right -of -way for easements for city sewer and water mains; drainage; access and public utilities, including but not limited to: 1. Reservation of an easement for present and future. City water and sewer facilities and drainage purposes. 2. A permanent easement for the benefit of Pacific Gas and Electric Company, the right from time to time to install; maintain; repair, operate$ replace; remove and renew lines of pipes, wires, poles; and other structures, equipment and fixtures both above and underground for the operation of said facilities. VOL 2 T%5 PAGE 899 R 5720 v ,0Q R 0 ;l • � 6tY 41, The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the.City to be recorded in the Office of the Recorder of the County of San Luis Obispo, upon approval of the final map mentioned in Section 2 above. On motion of - -Councilwoman -Dovey - - - - - - , seconded by -- Councilman-Settle - " AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd. - -- day of . - - -- July.__....-- -- - - -; 1985. APPROVED: Cl Ty AdnfAAjIstrative Officer ity A, orney Community D velopment Director City E ineer von 2759 PAGE900 Description of Abandonment I That portion of Brizzolara St. as shown on the map of the Brizzolara Addition to the Town of San Luis Obispo filed in Book A of Maps at page 45 in the Office of the San Luis Obispo County Recorder, lying southeasterly of the southeasterly right -of -way line of U.S. Highway 101 per Vol. 633, page 452 of Official Records of San Luis Obispo County Recorder and lying southwesterly of the following described line; Beginning at the southwesterly corner of Lot 16 of said Brizzolara Addition; thence South 200 15' 00" West along the southeasterly line of said Brizzolara St. a distance of 8.57 feet to a point, said point being the True Point of Beginning; thence North 720 21' 44" West to said southeasterly right -of -way line of State Highway 101. 0 34 z J z J. Q I" iDO' lDT 2D BRIZ70LARA ADDITION N rf NipoMo i �� Sr %W M104 LOT 1b T.FO.B. r i �EAtZ1NGS � DII;TANGES POR LOT Ib 0 N W15'000 E %�• �'' MRIZZDLARA ADDITION 0 N 2D' 19' 00" E 00.57' N Df IS' 00' E 291.43' ® N V IS' CO" E 94.5$' n N 15° M'9;0 E 94.97' © N lS° 02' S's ' E 23.55' 70 R 5915.00' d 2' 35'21" L2b7. W' ® N 72° 21'44' W 28.99' ABANDONMENT city of A San WIs OBISPO 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93406 MS b2- M M ' �P 1P �EXI -TIT A BRIZIOLARA STREET ABANDONMENT SOUTHWESTERLY OF NIFOMO STREET pwTw ►MINT N15561 END 0 F DOCUMENT VOL2759PAGE901 eoun o {,� &*py) t� SAS RESOLUTION N0. 5719 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE QTY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -NANTH TIME EXTENSION FOR TRACT 1119 (HILLRISE GARDENS) LOCATED AT 480 NORTH CHORRO STREET MMEAS, the subdivider requests a twelve -month time extension to receive approval of his final map; and MMEAS, the subdivider has experienced financial difficulties which have delayed improvements and. filing the final map; and SEAS, the City Council has determined that the request for time extension is justified;. NOW; THEREFORE, the City Council resolves as follows: Section -1. That Tract 1119 is granted a twelve -ironth time extension to June 7, 1986, subject to original tract map conditions as specified in City Council Resolution No. 5126 (1983 . Series) attached hereto. On motion of Councilwoman Dovey- , seconded by Councilman Dunin- and on the following roll call vote: AYES: Councilmembers Dovey, Dunin and Settle NOES: Councilman Griffin and Mayor Billig ABSENT: None the foregoing resolution was passed and adopted this 2nd. day of -July -; 1985. R 5719 Resolution No. 5719 (1985 Series) Tract 1119 Page 2 APPROVED : City ative Officer City At ey Ccymmmi ty Develcpment Director t RESOLUTION NO. 5126 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1119 (HILLRISE GARDENS) LOCATED AT 480 NORTH CHORRO STREET 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 1119 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density 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 or wildlife in their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The project is granted a mitigated negative' declaration of environmental impact. SECTION 2, Exceptions. That the following exception to subdivision standards is hereby approved, based upon the findings below: 1. Reduced street width on North Chorro Street frontage from 40 feet to a 32 -foot paveout (two 12 -foot travel lanes and two 8 -foot parking lanes) to preserve existing trees along the westerly property line is hereby allowed, subject to the following findings: R 5126 Resolution No.5126 (1983 Series) Tract 1119 (Hillrise Gardens) Page 2 A. The exception is subject to such conditions of street design which assure that the adjustment authorized does not constitute a grant of special privilege inconsistent with the Limitations upon other properties in the same vicinity. B. Special circumstances apply to the site such as topography, tree locations and surroundings, whereby the strict literal interpretation of the subdivision standards is found to deprive the property of privileges enjoyed by other properties in the vicinity. C. The reduced street.width will'not constitute a hazard to public health, safety or welfare. SECTION 3. Conditions. That the approval of the tentative map for Tract 1119 be subject to the following conditions: 1. Subdivider shall.grant an easement over the common lot area, except under structures, for underground public utilities serving the site, to the approval of the City Engineer and affected . utility companies. .2. Subdivider shall install separate water meters, for each unit. Water meters shall be clustered in the sidewalk at North Chorro Street frontage. 3. On -site sewer shall be privately installed and maintained. 4. Subdivider shall dedicate access rights along Santa Rosa Street (State Highway 1) frontage to California State.Department of Transportation. 5. Subdivider shall install frontage improvements along North Chorro Street and Santa Rosa Street frontage of the site to the approval_ of the City Engineer and California Department of Transportation. 6. Subdivider shall extend 6 -inch "sewer main in North Chorro Street to serve project as required by City Engineer.. 7. Existing fire hydrant on west side of North Chorro Street adjacent to site shall be connected to 18 -inch main in North Chorro Street to provide required fire flows to the approval of the City Engineer and Fire Department. 8. Subdivider shall install and maintain a private fire hydrant on site to the approval of the Public Works Department and Fire Department. 9. A minimum of 26 parking spaces shall be provided on -site for the exclusive use of homeowners. 10. Five bicycle and five motorcycle parking spaces shall, be provided to standards. 5126�� Resolution No. (LS:/ .Series) Tract 1119 (Hillrise Gardens) Page 3 1.1. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: A. A homeowner's association to enforce the CC&R's and provide for professional perpetual maintenance of all common areas including landscaping, private driveways, private utilities, drainage facilities, lighting, walls, fences, etc., in first class condition; homeowner's association shall maintain common lot. B. Grant to the City of San Luis Obispo the right to maintain common area in the homeowner's association. fails to perform and assess the homeowner's association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo the right to order vehicles parked in unauthorized places to be towed away on a complaint basis. E. No outside storage of boats, campers, motorhomes, and trailers, nor long -term storage of inoperable vehicles. F. No outside storage by.individual units except in designated storage areas. G. No change in city- required provisisons of CC &R's without prior City Council approval. H. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within fifteen days of any change of said officers of the association. 12. Subdivider shall install one street tree per 35 feet of property frontage to city standards and to the approval of the Public Works Department. Credit for three existing trees along North Chorro Street shall be allowed. 13. Existing trees shall be safety- pruned to the approval of the Parks Maintenance Supervisor. 14. Subdivider shall pay sewer, water and park -in -lieu fees as calculated by the City Engineer and Community Development Department staff. 15. All units shall be numbered in accordance with an addressing plan to be approved by Community Development Department staff and project directory board at project entrance, as approved by the Architectural Review Commission. 16. Noise wall shall be landscaped to the satisfaction of the Community Development Director. �1 \ Resolution No. 5126 (1983 Series) Tract 1119 Page 4 On motion of Councilman Grif and on the following roll call vote: seconded by Councilman Settle, AYES: Councilmembers Griffin, Settle, Dovey., Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7th day of June , 1983. 1. ATTES . v Cit Clerk Pamela &ges APP YED /►-} City Administrative ffic r Ci y AE orney Co "unity Development Director G����e���� O 7 �. Sv �rc��r� T y�il � RESOLUTION NO. 5718 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR THE USE OF LAGUNA LAKE GOLF COURSE AND SUPERSEDING RESOLUTION NO. 5142 (1983 SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following fee schedule is hereby adopted for the use of the Laguna Lake Municipal Golf Course: Weekdays *: 9 holes - $3.50 per round; 18 holes - $5.50 per round Weekends *: 9 holes - $4.00 per round; 18 holes - $6.50 per round Membership Rates: *$35.00 for Single *$50.00 for Couple $15.00 for each additional family member $ 1.00 extra per round on holidays *10 Play Card - 10 plays for $30.00, weekdays only *10% discount on all rates for Seniors (over 62 years of age) SECTION 2. The fees established by this Resolution shall become effective August 1, 1985. SECTION 3. Resolution No. 5142 (1985 Series) is hereby superseded. SECTION 4. The City Clerk is directed to furnish certified copies of this Resolution to the Public Works Director and to the Finance Department. On motion of Councilman Griffin seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Settle and Mayor Billig NOES: Councilman Dunin ABSENT: None R 5718 Resolution No. 5718 (1985 Series) C the foregoing resolution was passed and adopted this 2nd• day of July 1985. ATTEST: CITX CLERK PAMELA APPROVED: City JUVistrative Officer City At Finance Direct# Public Works Director �D�i�� � yYl vh� -�o � RESOLUTION NO. 5717 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING 1985 AS THE YEAR TO REVERSE THE NUCLEAR ARMS RACE WHEREAS, nuclear weapons threaten our planet and its varied life forms with massive destruction; and WHEREAS, the continued accumulation of nuclear weapons casts a dark shadow on the future of our children and grandchildren; and WHEREAS, the United States and the Soviet Union control 95% of the world's nuclear weapons; and WHEREAS, 1985 marks the 40th anniversary of the use of nuclear weapons at Hiroshima and Nagasaki; and WHEREAS, four years (a Presidential Cycle) have passed without a Summit Meeting by the Heads of Government of the United States and the Soviet Union. NOW, THEREFORE, BE IT RESOLVED that the San Luis Obispo City Council hereby: 1. Declare 1985 as THE YEAR TO REVERSE THE NUCLEAR ARMS RACE; and 2. Request that the President of the United States and the President of the Soviet Union meet in summit during 1985 for the purpose of working in concert to find a joint solution to: - reducing the threat of nuclear war, by accident or design; - reversing the nuclear arms race; - preventing the further proliferation of nuclear weapons; - outlawing the further construction, testing and deployment of nuclear weapons - preventing the deployment of offensive nuclear weapons in outer space; - expanding the areas of Nuclear Free Zones on the earth and in the oceans; - pledging No- First -Use of nuclear weapons; - establishing Joint Crisis Consultation Centers; and - taking whatever steps are necessary to ensure that nuclear weapons will never again be used; and R 5717 rr , Resolution No. 5717 (1985 Series) Page Two f� 3. Request that Summit Meetings be held regularly from this year forward to pursue these goals until nuclear weapons are forever abolished from our earth. ON MOTION of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle and Mayor Billig NOES: Councilmembers Dovey and Dunin ABSENT: None the foregoing Resolution was passed and adopted this 2nd, day of July , 1985 APPROVED: City A n'strative Officer City Atto ney // �, �.� C- O i�, .. . �,, s � J RESOLUTION N0. 5716 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC. FOR CHAMBER TO CONTINUE TO PERFORM PROMOTIONAL SERVICES ON BEHALF OF THE CITY OF SAN LUIS OSIBPO BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and the Chamber of Commerce of San Luis Obispo, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Dave Garth, Executive Manager of the Chamber of Commerce; San Luis Obispo City Finance Director; and the President of the Chamber of Commerce. 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 2nd day of July; 1985. s *t *s* �- City dm' istra ive Officer i City Att' rney r R 5716 I EX;.' T "A" CONTRACT :'Oil PitUtiifiVONAL SERVICES THIS AGREEMENT, dated July 2, 198n. for reference purposes. is made: and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City," and the CHAMBER OF COMMERCE OF SAN LOTS OBISPO, a non- profit corporation. hereinafter referred to as "Chamber." WHEREAS. City desires to promote its advantages as a tourist and recreational center; and WHEREAS, arranging and obtaining favorable coverage about the community in the various news media likely to be read by potential visitors to the City is an integral part of its promotion as a tourist and recreation center; and WHEREAS, the coordination and development of cultural and recreational. events is a necessary adjunct to the proper promotion of the City; and WHEREAS, the Chamber staff is qualified and the office is equipped to carry on such activities on behalf of the City: and WHEREAS, the provisions of the Government. Code of the State: of California authorize the expend u_e: of public ,`.uods by a municipal corporation as therein and herein provided; NOW, THEREFORE. in Consideration of the premises and Covenants and promises hereinafter Set forth, the parties hereto agree as follows: 1. That the foregoing recltA s are true and Correct and constitute accurate statements of fact herein. 2. Chamber wili maintain an office suitable for the conduct of a promotional program. This office shali ho open during nol'mal business office hours to facilitate contact with news media representatives and to disseminate news releases and promotional .information in a professional manner to various media. 3. Chamber staff shall. :inciude personnel qualified in public relations. Pubic information shall be available as necessary to the successful implementation ol a promotional program. 4. Chamber shall conduct a promotional and pabl icity program on behnif of CIO as outlined here below or as i!!Ny be modified from time to time by mutual ?l„[' ^'aiile]i ?i: Jeti9i ?Gn i:ne: City and the Chamber. 5. The program munnuKed by the :. is ".!il tl e [' sh ,i .i 0006y. but not be Imi rho ill, Zhe _yllowing 17 a. The writing, production, and distribution of news releases, feature stories, photogrqphs and 110strations, radio and television news materials, informational fliers, graphics, and such personal contacts with news media as may be necessary for the general promotion of the City of San Luis Obispo as a tourist destination. b. in addition to section 5(a), Chamber shall promote local cultural, recreational, and social events which shall include La Fiesta, Mozart Festival. Christmas in the Plaza, Fourth of July in the Plaza, Poly Royal, Sportsmen's Association Wild Game Barbeque, and five (0) other events which shall be specified by the Promotional Coordinating Committee (PCC). C. Maintaining a file of clippings, news releases, artwork, and other promotional material produced by the Chamber on behalf of the City pursuant to this contract which shall be available to the City or its designated agents for use in promotional programs at the sole discretion of the City. d. Representation at meetings of the PCC, and at the direction of the Chairman of the PCC. the meetings of other city commissions and the City Council. e. Maintenance of a liaison with groups and 4ndividuals in the community who express an interest in producing information and/or programs which support the promotional activities of the City of Sall Luis Obispo. in addition the Chamber staff shall be represented at the Los Angeles Travel Show and one other promotional trip within the state of California to be determined by the Chamber Director. f. The Chamber shall submit a monthly written report of promotional services rendered including copies of press releases, feature stories, photographs and illustrations, radio and television news materials. fliers, graphlcs� and other materials prepared on behalf of the City at each regular meeting of the PCC. Said monthly report shall include an itemized statement regarding Chomher staff hours devoted to the City's promotional program during the preceding month. 6. City shall pay to Chamber the following sums for furbishing said services: a. A base rate of Twenty Thousand Eight hundred Six Dollars (520,806.00) per year for office space, staff and expenses, payable in twelve (j?) monthly of One Thousand Seven Hundred Thirty-Three Dollars and Cents ISI.733.00) each. h. Expenses FUU Programs not to exceed Two Thu"sand One Hundred Qveaty-Six Dollops (2.176.001 Kali be payable to Chamber ounil prim written apppovaj hy the Assistant City Administrator, provided thoL the Assistant City Administrative 00ficer shal; reviaw ail saiii ppoposed the P0 and shail seek their n6vine no mail-] expenlIKUYes whanever said yonsull -Cl i"r will not cause a delay in pruposcri prugram in exan"M of two (2) WOMAS. C. Expenses for posuage not to escund Three Hundred Duljay-,: (300.00) shall be payable to chamber in twelve (12) Monthly ins zyjjmenr�; of Tweniy-:'iv.': DuLlars MY= each, co cover coscs ur City uequeste,i mniiinq UF Tree i0ornhurn. �I n 7. Either panty may tewMinate thin agrWeiP.CnL M any time by providing thirty ON) days' written notice wr `F!1'71jnation to the other party. 8. Ali nutir.es in connection with this agreement shall be deemed deiivered when placed in the first class United States mail in a properly stamped envelope,.addressed to the oTher party at the address shown below. CITY OF SAN LUIS OBISPO City Clerk P.O. Box 8100 San Luis Obispo, CA 93403 -8100 CHAMBER. OF COMMERCE OF SAN LUIS OBISPO Executive Manager 1039 Chorro Street San Luis Obispo, CA 93401 9. Notwithstanding any other representatives, oral or written. between the parties, including any and all agents or representatives thereof. Chamber at all times covered by the terms of this agreement is acting as a free and independent contractor and not as an agent of the City. Any and all supervision and direction by any.C.ity official. department or body shall be only that necessary to provide broad general outlines, and Chamber will use its own initiative and discretion In performing the details of work herein. IN WITNESS WHEREOF. the parties hereto have caused this agreement be executed: Dace: 7 -2 -85 AT.ESf: / I C'?yOK& Pamela Vogl 7 -2_85 ----- - - - - -- - CHAMBER OF COMMERCE OF 03;SPC, Mc. By C :'±�,1 Lam`__ Al YJL CITY OF SAN LUIS OBISPO r"xlllr�,Jlve Manager AIR I RESOLUTION NO. 5715 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC. FOR CHAMBER TO CONTINUE TO PERFORM CERTAIN VISITOR AND TOURIST INFORMATION ACTIVITIES FROM A CHAMBER - OPERATED VISITORS' CENTER BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, marked Exhibit "A," and incorporated herein by reference, between the City of San Luis Obispo and the Chamber of Commerce of San Luis Obispo, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Dave Garth, Executive Manager of the Chamber of Commerce; San Luis Obispo City Finance Director; and the President of the Chamber of Commerce. 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 2nd.day of July 1985. * *sss* City Ad is ative Officer Finance Dir or City Att rney R 5715 C EXI"AT "A" CONTRACT FOR VISITOR SERVICES THIS AGREEMENT. dated July 2, 1965, for reference purposes, is made and entered into by and between the CITY OF SAN LUIS OBISPO. a municipal corporation. hereinafter referred to as "City," and the CHAMBER OF COMMERCE OF SAN LUIS OBISPO, a non- profit corporation. hereinafter referred to as "Chamber.'' WHEREAS, City desires to continue to promote its advantages as a tourist and recreational center, disseminate visitor information relative thereto, and properly follow up and give consideration to inquiries made from time to time relative to the various activities of City and its possibilities; and . WHEREAS, City desires Chamber to continue to perform certain visitor and tourist information services for City which City believes will be of great advantage and benefit to the City and its citizens, residents, property owners and taxpayers thereof. and will promote the general welfare; and WHEREAS, Chamber is organized for and equipped to carry on such informational activities on behalf of City. and is in a position to accomplish such aims and purposes of City in an efficient, and economical manner: and WHEREAS, the provisions of the Government. Code of the State or California authorize the expenditure of public funds by a municipal. corporation as therein and herein provided; NOW. THEREFORE, in consideration of the premises and covenants and promises hereinafter set fortis, the parties hereto hereby agree as follows: i. That the foregoing recitals are true and correct and constitute accurate statements of fact herein. 2. Chamber will maintain a public office within the City of San Luis Obispo at a location acceptable to the City Council. Chamber will maintain a fully competent staff in this office including a manager with necessary secretarial assistance. The Chamber office will provide information to visitors and to business and professional people. The office will be staffed and open to the public daily during regular office hours seven (7) days per week, excepting legal holidays. Chamber will also maintain telephone services open to the public desiring informat. ion. will provide wpitien responses to 0qu"iiies, and will distI'ibute appropriate printed material. The information program will .include o.L:tribution of such material to lycaJ agencies and businesses ror dissemination to their customers and tourists. The Ch2 mbap .,h2_' ,t I n distribute appropr i"tu mnter_aj w inner chambers. 1'. . to I1'iN. agencies. and travel organizations in other communities. %Stmt Lo_' macerinA which is furnished to the Chamber by .-'le Ci ty . the Chum Ion shall be permitted Lo charge rwasnnabin T('tes Pon maters_.. which it dishr'ilillt es. n. Chamber will employ a manager and other necessary personnel. The manager's qualifications will include training and experience in public relations and public information. b. Chamber will distribute maps and promotional .literature, about San Luis Obispo and will conduct an information program including maintaining files on the community's economic data, recreational facilities and events, general business conditions. historic points of interest, and cultural activities. This program will be directed toward visitors and others who have interest in the community. C. Chamber will also maintain a library of literature, business and telephone directories for public use. d. Chamber will assist in attracting conventions and conferences to the City and assist in malting arrangements to enhance the visits of such groups. e. in ail activities, Chamber shall be a public relations agency disseminating information and creating ,goodwill and advancing the development of San Luis Obispo and its trading area. Chamber further- more agrees to cooperate in ascertaining the most favorable long -range activities for the community. f. Chamber will carry on such other duties as may be mutually agreed upon by the parties nereto to promote tourism, conferences, conventions, and related business and cultural activities in the Community.. 3. Notwithstanding any other representations, oral or written, between the parties, including any and ail agents or representatives thereof, Chamber at all times covered by the terms of this agreement is acting as a free and independent contractor. not as an agent of the City. Any and all supervision and direction by any City official. department or body shall be only that necessary to provide broad general outlines, and Chamber will use its own initiative and discretion in performing- the details of work herein. 4. City shall pay Chamber the following sums for the furnishing of said services: a. Commencing July 1, 1985. and continuing for one (1) year. City shall pay Chamber the sum of Twenty -Seven Thousand Nine Hundred Sixty -Eight Dollars ($27.968.00) per Veal', pay, bje in monthly installments of Two Thousand Three Hundred T.i iv;y Daiiars and Sixty -Six Coots (S2.330.661 for the abova services. En to eNpe'.n6ed in the categories and the amounts specified in the ur.tucho d hudgez. 5. City shai l have the Pi Flit ku an(il .. t:ha Woks. Pycovas. anci accounts of Chafibor at any reasonable Gme rrom time to time. r 6. Chamber shall suhmit a monthly written report of information services rendered including a record of the number of inquiries, office visits, mailings, and other related activities. 7. Either party may terminate this agreement at any time by providing sixty (60) days' written notice of termination to the other party. 6. All notices in connection with this agreement shall be deemed delivered when placed in the first class United States mail in a properly stamped envelope,, addressed to the other party at the address shown below: CITY OF SAN LUIS OBISPO City Clerk P.O. Box 8100 San Luis Obispo. CA 93403 -8100 CHAMBER OF COMMERCE OF SAN LUIS OBISPO Executive Manager 1039 Chorro Street San Luis Obispo. CA 93401, IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed: Date: 7-2 -85 ATTEST: I Cit Clerl: Pamela Vo y CITY OF SAN LUIS OBISPO CHAMBER OF COMMERCE OF SAN Luis OBISPO. KC. _ 7 -2 -85 - Gr'C'.S WORK, munagel r RESOLUTION NO. 5714 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO FOR EROSION CONTROL SERVICES AND STREAMBED CLEARING BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the County of San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this Resolution and a copy of the executed agreement approved by it to: Public Works Director, Drainage and Projects Coordinator, Finance Director, and County of San Luis Obispo. 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 2nd -day of July_ , 1985. c R 5714 Resolution No. 5714 (1985 Series) APPROVED: ""� v•-/ City d nistrati.ve Officer Public Works Director ' 1 J eem&nv D, GoX C RESOLUTION NO.5713 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 1985, WITH THE SCHOOL GOVERNING BOARDS AND SPECIAL DISTRICTS ELECTION TO HELD ON SAID DATE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the General Municipal Election with the School Governing Boards and Special Districts election to be held on Tuesday, November 5, 1985, and said Board of Supervisors is authorized hereby to canvass the returns of the election hereby called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such primary election shall be used. The precincts, polling places and officers of election for the General Municipal Election hereby called shall be the same as those provided for said School Governing Boards and Special Districts election and as set forth in Section 23312 of the Elections Code. Said Board of Supervisors shall certify the results of the canvass of the returns of such General Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 2. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said General Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Elections Code. SECTION 3. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. R 5713 C-: Resolution No. 5713 (1985 Series) Page 2 SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution. 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 2nd- day of July 1985. s s s Approved: City Ad strative Officer a 71 >Uv> NMI< ,- . J RESOLUTION NO.5712 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 1985 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election shall be held Tuesday, November 5, 1985, to fill the following elective offices: (a) Mayor - two (2) year term (b) Two (2) Councilmembers - four (4) year terms each and to vote on any other measure placed on the ballot by the Council. SECTION 2. For purposes of this election the polls shall be open from 7:00 a.m. to 8:00 p.m. SECTION 3. Pursuant to Section 10012 of the Elections Code, each candidate may submit with the nomination papers a Statement of Qualifications of the candidate of no more than 200 words, which statement will be printed and mailed out with the sample ballot at no cost to the candidate. SECTION 4. Pursuant to Section 2807 subsection 1 (f) of the City's Campaign Elections Regulations (Ordinance 903), each candidate may submit with the nomination papers an additional 400 word supplement to the Statement of Qualifications setting forth the candidate's stand on local issues. Said supplement will be printed and mailed out with the sample ballot at no cost to the candidate. SECTION 5. Pursuant to Sections 4015.5 and 5014.5 of the Elections Code, rebuttal arguments will be permitted, and shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. R 5712 Resolution No. 5712 (1985 Series) C Page 2 SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the resolution in accordance with the requirements of the California Election Code. 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 2nd• day of July 1985. s * m r Approved: A� City m' istrative Officer 7j �� , cc4e �'f�ed COj�x' ��// 1 i/ a0I o RESOLUTION NO. 5711 (1985 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE CITY AND CAL - TRANS FOR THE INSTALLATION OF PRE - EMPTIVE SIGNAL DEVICES AT TANK FARM ROAD AND BROAD STREET (HIGHWAY 227) AND ORCUTT ROAD AND BROAD STREET (HIGHWAY 227) WHEREAS the City Council made certain findings concerning Tract 1105 as contained in Resolution No. 4963 (1982 Series); and WHEREAS the developer of Tract 1105 has satisfied certain conditions by providing the necessary equipment to install pre - emptive signal devices; and WHEREAS that certain agreement; attached hereto marked Exhibit "A" and incorporated herein by reference; between the City of San Luis Obispo and Caltrans; is hereby approved and the Mayor is authorized to execute. NOW, THEREFORE BE IT RESOLVED that approval is hereby granted and authorized the Mayor to execute the agreement. On motion of Councilman Griffin and on the following roll call vote: seconded by Councilman Settle ; AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd. of July 1985. AT ST, D / J G!/N'tit� V CI Y CLERK PAMELA 0 ES day R 5711 Approved: i ty mi rs ra ive UTTlcer community iTeTteTbpmen�� Director — ,-ire Y' 3 Copies (p ano-) RESOLUTION NO.5710 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE ALLOCATION OF PROPERTY TAX REVENUES WHEREAS, the City Council may levy and allocate property tax revenues in accordance with Section 807 of the City Charter. and California State Proposition 13, and; WHEREAS, the City faces the loss of the Federal Revenue Sharing subvention in FY 86 -87, and; WHEREAS, the City seeks a source of revenue.to fund its Capital Programs replacing Revenue Sharing. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The City Council hereby approves the amendment of the property tax revenue allocation as authorized by 1978 Resolution 3646. The revised allocation is: General Fund 25.2% Capital Outlay Fund 55.5 Library Fund 2.5 Parks & Recreation Fund 16.8 100.0% On motion of Councilman Settle , seconded by Mayor Billig and on the following roll call vote: AYES: Councilman Settle, Mayor Billig and Councilman Dunin NOES: Councilman Griffin ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 1st. day of July , 1985. R 5710 Approved: ;/� Al - Cit y istrative Officer /4 /-/ City Atto ney I Finance Dire r /haAce, O nsauF w NO. 5709 (1985 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMEI�FP MAP AND WNE MAP FOR 12300 LOS OSOS VALLEY ROAD (GP /R 1215) muR , the Planning Ccnrti►ission and City council have held public hearings on the subject general plan map and rezoning in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and MEREAS, the item has cane to the council upon the recommendation of the . Planning Commission and the council has considered the reports of staff, minutes of the Planning Cammnission, public testimony.- and materials submitted by the applicant; and WJEREAS, the potential environmental impacts of the changes have been evaluated in accordance with the California,Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines. NOW, THEREFORE, the council resolves to deny the general plan nap and zone map amendments. SECTION 1. Findings: That this ccuncil, after consideration of the general plan amendment and rezoning and the Planning Ccmmnission's referral and staff report thereon; makes the following findings: A. The amendment would undermine city goals expressed in the Land Use Element to encourage relocation of auto dealers from the downtown to a consolidated auto sales and service area on and near Auto Park Way. B. Cumulatively with tourist - commercial projects in areas designated for such uses, the amendment could induce growth in *contradiction to Land Use Element and Housing Element policies. C. The City Council concurs with the Community Development Director's determination that the proposed general plan map amendment and rezoning will not have a significant effect on the environment and approves the negative declaration based on an expanded initial study prepared June. 4,.1985. R 5709 �1 Resolution NO -5709 (1985 Series) GP/R 1215 Page 2 i PASSED AND ADOPTED by the Council of the City of San Luis Obispo at a neeeting thereof held on the 18th day of - :Tune - 1985, on motion of - Councilman Gr f -fin- -- - - - Seconded by - Councilman' Settle- - - - - - - -, and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey C Clerk Pamela ges APPkU7ID City Administrative Officet t Community bevel ment Director ,76-,6111 �o5s RESOLMON NO. 5708 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1308 (RisriC GARDENS) LOCATED AT 670 mom STREET 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 1308 and the Planning Carnnission's recarnnendations, staff recommendations and reports thereon; makes the following findings: 1. The design of the tentative nap and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the R,4 zone. 3. The design of the subdivision 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 improvements will not conflict with easements for access through or use of property within the proposed subdivision. 5. The City Council concurs with the Ccamunity Development Director's determination that the proposed subdivision will not have a significant inpact on the environment and approves a negative declaration. 6. There are circumstances applying to the site which do not apply generally to land in the vicinity with the same zoning, specifically the site is crossed by a sewer easement and the applicant has dedicated to the city; 20 feet of right- of-way along Chorro Street for future street widening. 7. The variance to allow private open space in the street yard setback will not constitute a grant of special privilege -- an entitlement inconsistent with the limitation upon other properties in the area with the same zoning. 8.. The variance to allow private open space in the street yard setback will not adversely affect the health, safety; or welfare of persons residing or working at the site or within the vicinity. SECTION 2. Conditions. That the approval of the tentative nap for Tract 1308 be subject to the following conditions: R 5708 Resolution No. 5708 (1985 Series) Tract 1308 (Rustic Gardens) Page 2 1. Subdivider shall grant an easement over the cor=n lot area; except under structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility campanies. 2. Subdivider shall install separate water meters for each unit. Water meters shall be clustered in the sidewalk at the Walrnat Street frontage. 3. New saner laterals on -site shall be private and be maintained by the Homeowner's Association. Existing sewer main running diagonally across site shall be public. 4. On -site and off -site drainage systems shall be designed to the approval of the City Engineer and Chief Building Official. 5. Subdivider shall prepare conditions, covenants; and restrictions to be approved by the City Attorney and Ccnmzaty Develcpment Director prior to final map approval. CC&R's shall contain the following provisions: A. A homeowner's association to enforce the CC&R's and provide for professional perpetual maintenance of all cancmn areas including landscaping; private driveways, private utilities; drainage facilities; lighting; walls, fences, etc.; in first -class condition; homeowner's association shall maintain the comrm lot. B. Grant to the City of San Luis Obispo the right to maintain ca=n area if the homeowner's association fails to perform and assess the homeowner's association for expenses incurred, and the right to the city to inspect the site at mutually agreed times to assure conditions of CC&R's and final map are being met. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo the right to order vehicles parked in unauthorized places to be towed away on a ccnplaint basis. E. No outside storage of boats, campers; rrotorhores, and trailers, nor long -term storage of inoperable vehicles. F. No outside storage by individual units except.in designated storage areas. G. No change in city - required provisions of CC&R's without prior City Council approval. Resolution No. 5708 (1985 Series) Tract 1308 (Rustic Gardens) Page 3 H. Ha eowner's association shall file with the City Clerk the naves and addresses of all officers of the homeowners' association within fifteen days of any change in officers of the association. 6. All units shall be numbered in accordance with an addressing plan approved by the Cc mmunity Development Department. 7. Subdivider shall install address identification and directory sieving clearly visible from the street at the driveway entrance; to the approval of the Community Development Director. 8. A total of nineteen car parking spaces shall be provided on site. 9. Subdivider shall install a fire hydrant to city standards at the Walnut Street frontage, to the approval of the Fire. Marshal and Public Works Department. 10. All on -site driveways, non - structural site improvements; and utilities shall be installed as subdivision improvements. 11. All units shall have a minimum of 200 cubic feet of lockable outdoor storage space and 100 square feet of private open space. 'There shall be provided a minimum of 800 square feet of common open space, including 320 square feet with cmam recreation facilities. 12. All garages shall be equipped with automatic garage door openers and occupants shall be provided two remote- control units. 13. Subdivider shall paint the curb red for 20 feet on the westerly side of driveway ramp to the approval of the Public Works Department. 14. Three existing trees to be removed including a 24 -inch pine at Unit 6; and 8 -inch elm in Unit 11 and one 8-inch tree in Unit 2. No other trees shall be removed. No cut or fill within the driplines of the remaining trees shall be allowed. Paving within their driplines shall be porous. On motion of - Councilman Settle ; seconded by -Councilman- Griffin ; and on the following roll call vote AYES: Councilman Settle, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey Resolution NO-5708 (1985 series) Tract 1308 (Rustic Gardens) Page 4 the foregoing resolution was passed and adopted this 18th- day of June - - - - 1985. �.. _ 15, - - - - - - -- City Aaninistrative Of-ficef xz_ - City AttI7 Commity Develcpment Director Fj1 doss RESOLUTION NO. 5707 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING SONIC COMMUNICATIONS TO INCREASE THE RATES PERMITTED TO BE CHARGED TO CABLE TELEVISION SUBSCRIBERS WHEREAS, Sonic Communications, holder of a City franchise to operate and maintain a community antenna television system, has demonstrated to the satisfaction of this Council that an increase in rates is necessary to sustain its operation of said franchise; and WHEREAS, there have been significant and extensive amendments to and enactments in state and federal laws regarding cable television which demonstrate that the traditional relationship between municipalities and cable operators is undergoing a comprehensive restructuring, including the ability and authority of a city to regulate rates. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Effective July 1, 1985, the rates permitted to be charged by Sonic Communications to subscribers to their community antenna television system in the City of San Luis Obispo shall be as follows: Residential: $ 9.05 Additional Residential Outlets: 2.00 Commercial (per outlet) : 7.70 Motels/iotels (per outlet): 4.52 Connection Charge: 25.00 2. All other provisions of the franchise previously granted to R 5707 Sonic Communications shall remain in full force and effect. On motion of - Councilman Griffin-- - -, seconded by Councilman-- Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle. and Mayor Billig NOES: Councilman Dunin ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this -18th day City Administrative ff' r ��� .��� ��s�� E � -� �!� S� � �� �� o�Pc .,.. �. ,� -- ;,.. .,.. �. ,� RESOLUTION NO. 5706 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO SWIM CLUB. INC. FOR USE OF SWIMMING POOL AT SINSHBIMER PARK FROM JULY 1. 1985, THROUGH JUNE 30, 1986. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Swim Club, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish two copies of this resolution and copies of the executed agreement approved by it to: San Luis Obispo Swim Club, Inc., and one copy of resolution and agreement to the City Finance Director, City Director of Recreation. On motion of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOBS: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 18th day of June 1985. APPR 6[ City Administrative 0 ficer City ttorney Finance Direc/f/or rectify of Recreation R 5706 C, EXHIBIT "A" AGREEMENT USE OF MUNICIPAL SWIMMING POOL AT SINSHEIMER PARK THIS AGREEMENT. made and entered into this 18th day of _ Juee ______� 1985, by and between the CITY OF SAX LUIS OBISPO. a municipal corporation (hereinafter "City ") and the SAN LUTS OBISPO SWIM CLUB. INC., also known as the SAN LUIS OBISPO SEA HAWKS. an educational, non- profit, tax- exempt corporation headquartered in the City of San Luis ObiSpo (hereinafter, °Club "). WITNESSETH: WHEREAS. City is the owner and operator of the Municipal Swimming Pool located at Sinsheimer Park (hereinafter "Pool "): and WHEREAS, City desires that all residents of San Luis Obispo with interests in any manner of aquatic activities, including competitive swimming., have the opportunity to make use of Pool: and WHEREAS. Club makes available aquatic training and competitive experience as well as other aquatic ar.tivJties to all members of the community and has indicated its desire to make Pool its home facility: VOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions herein set forth, City and Club hereby mutually agree and covenant as follows: 1. City hereby grants to Club the use of Pool for team workouts during the hours of 6:00 to 7:30 A.M. and 3:00 to 6:30 P.M. during the school term and 6:00 to 9:00 A.M. and 4`:30 to 6:30 P.M. during non - school months. This use is limited to Monday through Saturday. This use is not necessarily exclusive and the Club will share Pool during these hours with non- conflicting groups as scheduled by the Director of Parks and Recreation. lion- conflicting groups are defined as any authorized group activity that does not occupy the same area of pool. The basic use area, for Club, shall not exceed eight lanes, short course or two lanes, long course, but may be varied on special occasions by mutual agreement between Director of Parks and Recreation and Club representatives. Specific use lanes for Club will be: a. Lanes #1 through #8. West end of Pool, short course; and b. Lanes #1 and t2, North side of Pool, long course. The first, unmarked lane, West end of Pool, is reserved for Recreation Department lessons but may be utilized by Club when not scheduled for lessons. J page 2 2. Club agrees to pay the City use fees as follows: A. A monthly use fee of $140 per month, to be paid quarterly. A quarterly invoice will be mailed to Club from City Finance Dept. B. If Club and City agree that Club may use Pool at times in addition to those set out above, the use fee for the additional time shall be $35.00 per month hour: i.e., one hour per day, Monday through Saturday for one month. 3. TERM AND RENEWAL A. The term of this agreement shall be one (1) year, to commence on July 1. 1985. B. This agreement may be renewed on the same: terms and conditions on a year -to -year basis upon mutual consent of the parties hereto. 4. City hereby further grants the Club the use of Pool to host certain swim meets. Swim meet dates must be submitted to the office of the Parks and Recreation Department a minimum of sixty (60) days prior to the (late of the event to accommodate possible rescheduling. Club shall have exclusive use of pool and pool facilities, as facilities exist on June 30, 1985. for scheduled swim meets. Swim meets shall be held only on Fridays, Saturdays and Sundays: provided that no meet will begin earlier than 4:30 P.K. on Fridays, 8:00 A.M. on Saturdays or end later than 8:00 P.M. on Sundays. Club agrees that no swim meet set -.up or participant warm -up will be allowed prior to the starting times listed above and.that all swim meet participants and spectators will remain outside the confines of the S.L.O. Swim Center until such starting time. 5. City agrees to provide the additional custodial supplies required during a swim meet, Club agrees to leave entire pool area in a clean, safe condition at the culmination of a swim meet. 6. In consideration for the pool time and services during swim meets, Club agrees to pay City according to the following schedule of rates: A. Sanctioned Swim Meets 1. Friday ............ S 50.00 - Plus loss of revenue from any City program that must be cancelled to allow meet. 2. Saturday .......... $150.00 - Plus loss of revenue from any City program that must be cancelled to allow meet. 3. Sunday ............ S 50.00 - For meets ending before 1:00 P.M. S100.00 - For meets ending after 1:00 P.M. Plus .loss of revenue from any City program that must be Cancelled to allow meet. page 3 B. Sanctioned Dual. Inter -squad meets or Time trials: For each day held (usually a one partial day meet or trial) ........ $50.00 - Plus loss of revenue from any City program that must be Cancelled to allow meet. C. In addition to the above listed use fees for meets, Club agrees to reimburse City, at the rate of 53.00 per hour per employee, for one (1) city employee during regular sanctioned meets and two (2) city employees during invitational meets, to oversee the welfare of city property during these meets. "r. City agrees to grant Club the concession rights during meets mentioned above. In consideration for concession rights, Club agrees that no food sales or food consumption will be allowed on deck and Club agrees to pay City ten percent (10%) of gross sales of any food or product sold during meets. City retains the right to operate concessions at non -Club sponsored meets. 8. City hereby grants the Club the right_ with no liability to the City for loss or damage, to store at Pool such aquatic paraphernalia that is associated with the Club's program. The storage thereof shall not interfere with normal City operations of other aquatic programs. Storage area shall be approved by the Director of Parks and Recreation. 9. Club shall furnish to City evidence of current policy of comprehensive general liability insurance in an amount not less than $1,000,000 which shall name the City as additional insured for those periods of time that Club is conducting its program in the Municipal Pool or at the Pool site. Such insurance shall insure such performance by the Club of the indemnity provision of Section 18 but shall not limit the liability of the Club to the stated amount of the insurance. The evidence of insurance shall contain an endorsement that the insurance is primary coverage and will not be terminated or altered by the insurer except on 30 days written notice to City. 10. Club agrees to furnish, for its own use, any and all aquatic paraphernalia it deems necessary to conduct a'safe training and competitive program. Such property, including fixtures that are not an integral part of Pool, shall remain the property of the Club and shall not be used by any other group without the written permission first being granted by the Club. Any equipment provided by the Club to the City on a permanent basis shall be covered by separate agreements. page 4 11. Club agrees to furnish, for its own use, a minimum of one telephone; this telephone to be installed in Club office space and in a location mutually agreed to by Director of Parks and Recreation and Club representative. Telephone shall be listed in local directory under Club's full name. All costs of installation and monthly service shall be borne by Club. 12. Club shall furnish any and all personnel necessary to conduct its aquatic workouts and swim meets. Personnel may include, but not be limited to. coaches, lifeguards and meet officials. Should Club personnel not be present on deck for a scheduled workout, those participants wishing to swim will become regular City daily users and subject to the City Safety Personnel on duty. In this instance, Club agrees to reimburse City 51.00 per participant per workout hour. Any person that is responsible for a Club aquatic activity must be a paid or volunteer employee sanctioned by the Club Board of Directors. A list of such sanctioned personnel will be made available to City and kept posted in an obvious location in the office of the City's Aquatic. Coordinator. 13. Club retains the right to expand its program to meet the needs of the community as outlined in its corporate articles and bylaws. Any expansion of programs will not change use times or rental rates as described herein except as provided for in Section 2 of this agreement. 14. Club shall be responsible for damage to the physical plant and any City -owned equipment, excepting normal wear and tear, if the damage occurs during the time Club is using Pool and the damage arises out of and is in connection with Club's use of Pool. 15. Club shall notify the City if its tax - exempt and non - profit status should change. 16. Either party may terminate this agreement without the other party's consent by giving six months written notice. li. Notices under this agreement shall be sent by certified mail. return receipt requested, postage prepaid, addressed as follows: CITY: Office of the City Clerk - City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 CLUB: San Luis Obispo Swim Club. Inc. Board of Directors P.O. Box 142 San Luis Obispo. CA 93406 hate 5 18. Club shall indemnify and save harmless City from all claims, demands and judgments arising out of any injury to any person or property occurring in, on or about Pool premises arising out of Club's use or occupancy of the facilities. Club shall not hold City harmless for responsibility for damages or injury arising solely out of City's negligent acts or omissions. IN WITNESS WHEREOF, the parties hereto have executed this agreement: on the day and year first above - written. Name $ Title: 1 �Gli. Stcr r SA\ LEIS 013ISPO SWIM CLUB, INC. Name � d Titie:_=nt-}N1c - - - - -� C S -`-I L - ---- - - ---- -- Af'PR0 ' Cit Administrative Officer City AttArney Director of Fja e DireCtor,6f Parks and Recreation RESOLUTION NO: 5705 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the City and County of San Luis Obispo 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 County of San Luis Obispo: On motion of '- Councilman'Griffiri Seconded by -,Councilman 'Settle — "" "" - ' _......... -._._. _ .............. _...... ...... -. - . . and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 18th day of June, 1985: ATTEST: i CITY fRK PAMELA VOG Ap ov City AdministtativeVOffice City At rney R 9705 60* A,...EEMENT FOR ANIMAL CONTROI. SERVIULS This Agreement is made and entered into this 1st day of July, 1985, by and between the.County of San Luis Obispo, hereinafter referred to as "County ", and the City of san Luis ob Ap o hereinafter referred to as "City ". WITNESSETH: THAT WHEREAS, the City is desirous of contracting with the County for the Performance of the hereinafter described animal control services whithin its boundaries by the County of San Luis Obispo throuqh the Department of Animal Regulation; and WHEREAS,.the County is agreeable to providing such services in accordance . v4ith the provisions of the San Luis Obispo County Code Title 9 which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray; diseased and vicious animals; and WHEREAS, the County of San Luis Obispo has established the Department of Animal Regulation to enforce the ordinances of the County Code Title 9 within the unincorporated areas of the County; and WHEREAS, the interests of all citizens wol.!ld he served by implementation of Animal Control Services in the incorporated communities of the County; and WHEREAS, the City is desirous of contracting for said Animal Control Services. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Definitions: a. "Animal" as used in this Agreement means any species of vertebrate creature. b. "Animal transaction for City" as used in this Agreement means any of the following actions taken by County on City's behalf, singularly or in aggregate, as thev relate to a single animal or animal owner within a 24 -hour period: (1) Search; (2) Seizure; (3) Capture or attempted capture; (4) Bite investigations; (5) Issue of written warning or citation; (6) Pick -up and disposal of dead animal; (7) Nuisance investigation (8) Care of injured animal; (9) Adoption /redemption /destruction —1— (10) Extended holds (11) Court /Hearings C. "Animals sheltered for City" as used in this Agreement shall mean any animal delivered to the animal shelter from within City's corporate limits. d. "Man- hour" as used in this Agreement shall refer to the services of any single County officer, agent, or employee for one hour. Man -hours shall'be recorded to the nearest one -half (}) hour. d. "Overall Program Costs" as used in this Agreement shall mean total operating.costs incurred providing services of any single component, as hereinafter described, to any unincorporated areas of County together with the total operating costs incurred in providing services of any single component to any incorporated community within County contracting for said component. Such costs shall include the cost of any leased premises, equipment, and those subcontracted services as hereinafter described. f. "Emergency Services" as used in this Agreement shall mean those services provided by one or more animal control officers during hours other than regular business hours in response to a call concerning animal bites, stray vicious animals or situations in which animals are constituting a threat to public safety. Emergency services do not include responses to animal nuisances such as barking or stray dogs. 2. Services Components - The County agrees to provide all necessary labor, facilities, and equipment to supply the following animal control service components: a'. General Administration - County agrees to provide management i and supervision of the animal control program, to keep records and provide- statements as hereinafter specified, to operate an animal release annex, to maintain a headquarters with communication center and dispatcher service . These services shall hereinafter be referred to as the "gerneral administration component ". b. Ordinance Conformity - City agrees to adopt animal control ordinances which conform to or are not in conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted with the County Department of Animal Regulation's consultation before adoption. County Department of Animal Regulation may also make recommendations to cities for changes or modifications to their City ordinance. -2- This service shall hereinafter be referred to as the "Ordinance Review Component ". C. Animal Control Enforcement - County shall enforce all City Animal Control ordinances and state laws within City's corporate limits, investigate complaints, including complaints involving animal bites, and issue citations. These services shall hereinafter be referred to as the "animal control enforcement component ", but services under this component shall not include enforcement of City animal licensing ordinances, which is covered under the "li.censing component ", nor shall it include enforcement of zoning ordinances dealing with animals. d. Animal Shelter - The City maintains a pound and provides for the care, housing, and disposal of animals seized within City's corporate limits or delivered by City's residents. It is understood and agreed that the County may subcontract the obligations of this paragraph to an independent contractor or at its option undertake to perform these duties itself. If the County chooses to undertake these services itself, it agrees to maintain its kennels, cages, and corrals so as to produce a humane environment. These services shall here- inafter be referred to as. the "animal shelter component ". e. Public Education- County shall provide information to the public on the necessity of animal control as recommended by the Animal Regulation and Control Advisory Committee. This service shall hereinafter be referred to as the "public education component ". f. Licensing - County shall collect license fees, issue licenses and receipts for licenses, enforce City licensing ordinances, and enforce state and local rabies control laws. County may choose to conduct an animal vaccination clinic. These services shall hereinafter be referred to as the "licensing component ". g. Animal Population Control - The cities and county are encouraged to sponsor a spay and neuter clinic. 3. Animal Regulation and Control Advisory Committee - There shall be an Animal Regulation and Control Advisory Committee whose responsibility it will be to review and recommend on all matters of Departmental Policy regarding overall program administration, level and quality of services, budget, and ordinance development and amendments. This Advisory Committee.shall be made . up of: one representative from each city contracting with the County, one representative from the County Veterinarians' Association, one representative from an Animal Welfare Society, one representative from the County Health -3- Department, one representative from the Department of Animal Regulation, and one representative from the County Sheriff's Department. The committee shall receive staff support from the Department of Animal Regulation. 4. Supervision - The rendition of services specified in paragraph 2 of this Agreement, and matters incidental to the performances of said services, and the control of personnel so employed, shall remain in the County.. 5. -.Cooperation - To facilitate the performance of the foregoing functions, it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. 6. Special Supplies -: It i.s agreed that in all instances wherein special supplies, tools, vehicles, equipment, stationery„ notices, forms, and the like must be used in the performance of this contract on behalf of City, the same shall be supplied by City at its own cost and expense. 7. Employee Compensation and Liabilit - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performi.ng services hereunder, or any liability.other than that provided in this Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employement. 8. Idemnification - County shall defend, indemnify and save harmless the City, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses, or liability arising out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof, except those arising from the sole negligence or wilful misconduct of the City, including, but not limited to, any act or omission to act on the part of City or its agents, employees or other independent contractors directly responsi-ble to it. 9. Employee Status -.All persons employed in the performance of the services and functions specified in paragraph 2 of this Agreement shall be County employees: no present City employee shall become a.County employee by reason of this Agreement; and no person employed hereunder shall have any City, pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and employee engaged in the performance of any service hereunder shall, where necessary., be deemed an officer or employee of City while performing the services for City. -4- t, 10. Prosecution - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the Ci.ty Animal Ordinance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. 11. Term and Renewal.- This Agreement shall be effective on the 1st day of July, 1985, and shall terminate on the 30th day of June, 1986, or the 30th day of June.any year thereafter, provided that no later than March 15th next preceding said expiration date, either party shall notify the other in writing that it does not wish to renew same. Otherwise, this Agreement will continue from year to year. 12. Allocation of Operating Costs - Charges to City for the services provided by County shall.be computed on the following basis.: a. Charges for general administration and ordinance review shall be $3.50 for each animal transaction for City (as defined in subparagraph 1(b) of this Agreement. A $3.50 charge shall also be applied for each animal delivered to the control facility by a resident of City. The charges allocated to City pursuant to this subparagraph 12(a) shall be added to the charges made pursuant to subparagraphs 12(b) and (c) below when those charges are applicable. b. Charges for the animal control enforcement service component shall be $9.25 for each animal transaction (as defined in paragraph 1(b) of this Agreement) in which the service of an Animal Control Officer is involved, but excluding those services where charges are made pursuant to subparagraph 12(f) below. The charges allocated pursuant to this subparabraph 12(b) shall be added to the charges described in paragraph 12(a) above, and where applicable they may also be added to the charges described in paragraph 12(c) below. C. Charges for the animal shelter services component shall be $4.00 for each animal sheltered for City (as defined in paragraph 1(c) of this Agreement). The charges allocated pursuant to this subparagraph 12(c) shall be added to the charges described in subparagraph 12(a) above and where applicable they may also be added to the charges described in subparagraphs 12(b) and (f). d. Overall program costs (as defined in paragraph 1(e) of this Agreement) for the public education component services shall be multiplied by the City's population percent, and that sum shall be charged to City. In no event shall City's allocated costs for the public education component exceed 14t per capita. ST e. Charges for the licensing component services shall be $2.25 for each animal .licensed for City. Should County choose to conduct a countywide animal vaccination clinic, the costs for conducting such a clinic shall be multiplied by the ratio created by dividing the number of animals vaccinated for City animal.owners by the total number of animals vaccinated during the clinic. f. In payment for those emergency services (as defined in paragraph 1(f) of this Agreement).provided to City when only standby animal control officers are on duty, City shall be charged $30.00 per man -hour. This charge shall be on a portal -to- portal basis, and when applicable, may be added to the charges imposed pursuant to subparagraphs 12(a) and (c) above. g. Charges for unrecovered fees, bad checks, and veterinarian services shall be on an actual cost recovery. 13. Revenue from Fees and Impounds - Revenue from impound charges collected on animals taken from within City's corporate limits will be credited against City's allocated costs. 14. Revenue from Licensing - Revenue collected in licensing animals owned or adopted by residents of City shall be credited to City's allocated costs. 15. Revenue from-Court Fines - Animal control violation fine monies which are imposed and collected as a result of citations issued or arrests made within the City will be credited against City's allocated costs. 16. Deficits - City shall pay County any deficits between total revenue credited to City and City's allocated costs. City agrees the sum of $ ig.000 represents a reimbursement which shall, within the conditions of this Agreement, be a maximum under which County shall be excused from any further performapce. When in the calculation of charges incurred, the Animal Regulation Department costs equal said amount, this clause shall act as a condition subsequent excusing the County from any further service under the terms of the contract. Said payments shall be made on or before the 31st day of August of each year of this Agreement's existence. 17. Enforceability - The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms.or provisions. 18. Modification - This Agreement constitutes the entire understanding -6- t of the parties hereL__and no changes, amendments or arierations shall be effective unless in writing and signed by both parties. 19. Assignment of Personnel - The number of Animal Control Officers assigned to any activity shall be within the discretion of the Department of Animal Regulation of the County of San Luis Obispo. 20. Optional Reduction in Services - Notwithstanding any provision herein to the contrary, City shall have-the option to select a reduced level of services for the remainder of the contract period. The Department will provide a quarterly report of financial status of City's program in a format acceptable to the Director. Said reports are ordinarily provided at the-end of the ninth, twelfth and third months of each calendar year. City may notify Director of its election to reduce services whithin any two weeks after receipt of said report. Upon receipt of notice of said election Director will provide a reduced level of service, including emergency services. It is the intent of the parties to provide a continuation of mandated, emergency-services to the community under this paragraph as an alternative to service termination as provided in paragraph 16 above. 21. Books and Records - County agrees to keep such books and records and in such form and manner as County Auditor- Controller shall specify. Said books shall be open for examination by City as all reasonable times. 22. Notices - Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall.be sent by certified or registered mail to the County at: and to the City at: Department of Animal Regulation Route 2, Box 425H San Luis Obispo, Ca. 93401 San Luis Obispo City Clerk 990 Palm San Luis Obispo, Calif. 93401 INWITNESS THEREOF, City of San Luis Obispo by resolution duly adopted by its City Council causes this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed thereto attested by Clerk of said CITY OF San r m 4.s ohi Gpn COUNTY OF SAN LUIS OBISPO -7- A4VRGVEDiAS TO 'FORM AND LEGAL EFFECT JAMES.B.,LINDHOLM, JR: County Counsel 9 n 1 A -1 thru A -14 -t W THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. TUES JULY 9. --- - -_ - -- aSY ----------=-----=-----=- X1985 - -- PRESENT: Supervisors Jerry Diefenderfer, Evelyn Delany, Ruth Brackett; Carl Hysen and Chairman, William B. 'Coy ABSENT: None In the matter of Consent Agenda: Consent Agenda Item A =3 is withdrawn for seperate action. Item A -6 is corrected on pages 1 -3 of the contract. Item A -13 is added to read, "...Request authorization to contract with_Arbor- Tree.Surgery for removal of Eucalpytus trees on Los Osos Valley_ Road; #A2088, at the State Park Pygmy Oaks Reserve; 22nd District. (RECOMMEND APPROVAL..)" Item A -14 is added to read, ".:.Request to ratify the ;Proclamation of Local Emergency. (RECOMMENDED APPROVAL.)" and is withdrawn for seperate action. Matter is discussed and the on motion of Supervisor Diefenderfer, seconded by Supervisor Hysen and on the following roll call vote, to wit: AYES: Supervisors Diefenderfer, Hysen, Delany, Brackett, Chiiairman Coy NOES: Supervisors Nohe ABSENT: Supervisors None Consent Agenda Items A -1 through A -14, are approved as recommended by the County Administrative Officer, and as amended by this Board. Item A -2*is RESOLUTION NO. 85 -334. Item A =9 is RESOLUTION NO. 85 -33.5. Said Consent Agenda Items A =1 through.A -1.4, as amended, are on file in the Office of the County C1erk=Recorder and are.availabie.for Public Inspec- tion. CC: Administration file 7-15 -85 slm STATE OF CALIFORNIA, County of San Luis Obispo, FRANCIS M. COONEY County Clerk and ex-officio Clerk of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, afiiaed this -- - - -_ -- day of ----------- - JULY --- = - - -: =� 19--8 5 _ FRANCIS 14. COONEY -------------------=--=------------- (S '.AL) County Clerk and. Ez- officio Clerk of the Board of. Supervisors By- - -_- - SONDi2A YERS ---------- --- - - - - -- CD-&l . - Deputy Clerk. ITEM A -1.J RESOLUTION NO.5704 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND H. DIETER HEINZ. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and H. Dieter Heinz is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Finance Director, Personnel Director; Public Safety Director and H. Dieter Heinz, Chemist. On motion of Councilman Griffin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing resolution was passed and adopted this 18th day of ATTEST: June 1985. .V l 1 o I\ R 5704 f APPROVED: i i amine five ufflSer City Attrney v� Mnance i ec or av�� a e-rsonnel Ell rector 1 EXHIBIT "A" 1 I AGREEMENT FOR PERSONAL SERVICES THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City "), and H. DIETER HEINZ, an independent contractor providing consulting chemist services (hereinafter referred to as "Chemist "). WITNESSETH: WHEREAS, H. Dieter Heinz is a qualified Chemist capable of analyzing and monitoring chemical materials found at hazardous material incidents throughout the City; and WHEREAS, the City desires to employ him as an independent contractor to provide certain services not currently performed in detail by City employees or available within City services; and WHEREAS, the Chemist provides chemical resource support during training and at emergencies; NOW, THEREFORE, City and Chemist for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning July 1, 1985, Chemist agrees to provide services to the City in accordance with the scope of work outlined in Exhibit "B" attached hereto and thereby incorporated herein. Said services shall continue through.June 30, 1986 providing, however, that either party may terminate this Agreement by two weeks written notice to the other party. The general duties to be performed by said Chemist shall be at the direction of the Public Safety Director. 2. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Chemist, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. Any and all supervision and direction by the Public Safety Director shall be only that necessary to provide broad general outlines, and Chemist is to use his own initiative and discretion in performing the details of his work, provided, however, that Chemist may consult with Fire Department staff as he desires. 3. City agrees to provide supplies necessary for performance under this Agreement, subject to purchase authorization by the City. 4. City agrees to pay Chemist the sum of $250 per month for his services, payable in accordance with regular City payment procedures. Chemist agrees to provide a minimum of ten (10) hours services per month and will submit a detailed statement of the services provided prior to payment. Chemist will not accrue vacation, sick leave, or other similar benefits available to regular City employees. 5. City agrees to reimburse Chemist for authorized use of his personal vehicle on City Business at the rate of 21 cents per mile. o. This is an agreement for personal services and is not assignable without prior written consent of the City. 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following addresses: City: City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 Chemist: H. Dieter Heinz P.O. Box 4053 San Luis Obispo, CA 93403 9. Chemist may be hired by the City to perform additional services not outlined in this agreement. Compensation for such additional services shall be at the rate of $45.00 per hour for the first two hours of emergency work (2 -hour minimum call out) and $25.00 per hour thereafter; said rate shall cover all cost benefits except transportation. 10. Subject to a 30 -day written notice, City may reduce Chemist hours of service. In such event, City agrees to compensate Chemist at a rate of $25 per hour. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed. ATTEST: CHEMIST ie er einz CITY OF SAN LUIS OBISPO i YCL /,t a �i iL - - - - -- C y Terk ame a Po�ge EXHIBIT "B" SCOPE OF WORK - CITY CONSULTING CHEMIST To serve as City Chemist performing such services as: a) Complete chemical analysis and identification of unknown materials and related compounds. b) Pesticides residues: Identification and analysis. C ) Identification of any foreign matter, either solid, gaseous or liquid. d) Petroleum products: Analysis and recommendations. e) Trace metal analysis. f) Air pollution: Monitoring, sampling and testing: Particle matter Hydrocarbons Sulfur Dioxide Carbon Monoxide Oxides of Nitrogen g) Certification and analysis of explosives, primers, detonators, etc. h) Provide hazardous material training to Fire Department staff. i) Serve as a hazardous materials resource person to the City. �I RESOLUTION NO. 5703 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATION FOR THE CAPITAL IMPROVEMENT PROGRAM FOR THE 1985 -86 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis. Obispo that the Capital Improvement Program appropriations, as detailed below and represented in the project descriptions and schedules, as amended during budget deliberations, are hereby adopted for the fiscal year July 1, 1985, through June 30, 1986. SECTION I: TOTAL APPROPRIATIONS Capital Reinvestment Program $1,984.000 Capital Facilities Plan 3,182,400 New Reserves 450.070 Total Capital Improvement Appropriations $5,616,470 SECTION II: APPROPRIATIONS DISTRIBUTION BY SOURCE Source G.R.P. C.F.P. Reserves Source Total General Fund $ -0- $ -0- $ 129,070 $ 129,070 Library Fund -0- -0- 55,000 55,000 Street Funds 390,000 199,000 -0- 589,000 Revenue Sharing Fund -0- 890,000 -0- 890,000 Capital Outlay Fund 679,000 338,925 266,000 1,283,925 Water Fund 175,000 -O- -0- 175,000 Sewer Fund 35,000 -0- -0- 35,000 Parking Fund 10,000 -0- -0- 10.000 Grant Funding 317,000 944,675 -0- 1,261,675 Use of Reserves 378.000 809.800 -0- 1.187,800 Totals 1,984,000 3,182,400 450,070 5,616,470 SECTION III: APPROPRIATIONS DISTRIBUTION BY PROGRAM Capital Reinvestment Program Flood Control $ 472,000 Streets and Sidewalks 340,000 Utilities - Sewer 355,000 Utilities - Water 175,000 Parking and Transit 300,000 General Government Facilities 216,000 Leisure and Cultural Facilities 126,000 Program Total $1,984,000 R 5703 Capital Facilities Plan Transportation $1,699,600 Storm Drainage 230,000 Leisure and Cultural Facilities 523,800 Service and Training Facilities 729,000 Program Total $3,182,400 Reserves General Fund Capital Facilities Reserve $ 129,070 Library Fund Library Facilities Reserve 55,000 Capital Outlay Fund Park In -Lieu Reserve 200,000 Capital Planning /Matching Funds Contingency 66,000 Reserves Total $ 450,070 Total Appropriations $5,616,470 On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin and Mayor Billig NOES: Councilman Dunin ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 18th day of June 1985. ATTESTi�1 CITYICLERK PAMELA VOG Approved: -rav-P, a City Administ City Finance Di ive J3ffi s *ssssssssas ��� ce ��� �. C �- -- RESOLUTION NO. 5702 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS FOR THE OPERATING BUDGET FOR THE 1985 -86 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the Operating Budget, appropriations by program, as detailed in Exhibits A through D attached, and the budget narratives as amended during deliberations, are hereby adopted for the fiscal year July 1, 1985, through June 30, 1986. General & Special Revenue Funds (Exhibit A) General Fund $11,233,449 Library Fund 4,550 Parks & Recreation Fund 1,484,301 Business Improvement Area Fund 106.774 $12,829,074 Enterprise Funds (Exhibit B) Water Fund $ 2,433,833 Sewer Fund 1,085,222 Parking Fund 253,834 Transit Fund 517,319 Golf Course Fund 172,504 $ 4,462,712 Trust & Agency (Exhibit C) Whale Rock Fund $ 522,078 North Coastal Transit Fund 211.527 $ 733,605 Other Operating Funds (Exhibit D) Special Assessment Districts $ 8,055 Equipment Replacement Fund 273,200 $ 281,255 Total Operating Budget Appropriations $18,306,646 On motion of Councilman Settle , seconded by Councilman Griffin, and on the following roll call vote: R 5702 � � S AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 18th day of June 1985. ATTEST CITY OLERK Approved: City Administrative Officer City At Finance Direc ssxss *a * *s * * ** EXHIBIT A FISCAL YEAR 1985 -86 OPERATING BUDGET APPROPRIATIONS BY PROGRAM GENERAL AND SPECIAL REVENUE FUNDS GENERAL PUBLIC SAFETY Police Protection 3,401,623 Fire /Environmental Safety 2,777,776 Disaster Preparedness 59,950 Animal Control, 22,000 6,261,349 TRANSPORTATION -------- - - - - -- Streets & Sidewalks 1,479,283 Vehicle and Equipment Maintenance 134,062 LEISURE, CULTURAL & SOCIAL SERVICES ----------------------------- - - - - -- Parks & Recreation Municipal Swimming Pool City /County Library Community Promotion Human Relations GENERAL GOVERNMENT Legislation & Policy City Administrative Officer Public Works Administration City Attorney City Clerk Finance Administration Personnel Administration Government Buildings Other Non - Departmental COMMUNITY DEVELOPMENT Planning Construction Development Economic Development 1,613,345 175,411 153,441 328,852 69,415 198,751 154,425 145,484 184,521 325,839 165,418 208,152 296,500 1,748,505 575,892 705,537 1,281,429 -- - - - - -- SPECIAL REVENUE FUNDS-------- - LIBRARY PARKS & REC BIA -------------------------------- - - - - -- 0 1,276,222 208,079 4,550 - - - -- ---- - - - - -- 4,550 1,484,301 V 0 0 0 R 0 1 106,774 106,774 TOTAL APPROPRIATIONS 11,233,480 4,550 1,484,301 106,774 PUBLIC UTILITIES --------------- - Water Service Sewer Service TRANSPORTATION --------------- - - - -- Vehicle Parking Municipal Transit System LEISURE, CULTURAL ----------------- & SOCIAL SERVICES --------------- - -- Municipal Golf Course TOTAL APPROPRIATIONS EXHIBIT B FISCAL YEAR 1985 -86 OPERATING BUDGET APPROPRIATIONS BY PROGRAM ENTERPRISE FUNDS WATER SEWER PARKING TRANSIT 2,433,833 1,085,222 253,833 517,319 GOLF 172,504 2,433,833 1,085,222 253,833 517,319 172,504 EXHIBIT C FISCAL YEAR 1985 -86 OPERATING BUDGET APPROPRIATIONS BY PROGRAM OTHER OPERATING FUNDS WHALE ROCK NORTH COASTAL FUND TRANSIT FUND -------- - - - - -- ------- - - - - -- PUBLIC UTILITIES --------------- - - - -- Whale Rock Reservoir 522,078 TRANSPORTATION North Coastal Transit 211,527 TOTAL APPROPRIATIONS 522,078 211,527 EXHIBIT D FISCAL YEAR 1985 -86 OPERATING BUDGET APPROPRIATIONS BY PROGRAM TRUST & AGENCY FUNDS PUBLIC UTILITIES Special Assesment Districts OTHER EXPENDITURES --------------- - -- Equipment Replacement Fund TOTAL APPROPRIATIONS ASSESSMENT EQUIPMENT DISTRICT FUNDS REPLACEMENT FUND 8,055 273,200 8,055 273,200 ______________ 0 RESOLUTION NO. 5701 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION 3653 (1978 SERIES) AND APPROVING AN AGREEMENT BETWEEN THE CITY AND COUNTY -WIDE FIRE PROTECTION AGENCIES FOR MUTUAL AID IN FIRE; RESCUES- HAZARDOUS MATERIALS AND OTHER SIMILAR OCCURENCES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 3653 (1978 series) is hereby rescinded. SECTION 2. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference; between the City of San Luis Obispo and various political subdivisions; municipal corporations and other public agencies of the State of California, located in or around San Luis Obispo County for mutual aid in emergencies which may include fire, rescue, hazardous materials, flood, earthquakes and other similar occurrences is hereby approved and the Mayor is authorized to excecute the same. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Public Safety Director; County Clerk; and other agencies as appropriate. On motion of Councilman Settle seconded by Councilman Griffin ; and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 18th day of .Tune 1985. ATTE T: CITY{ CLERK PAMELA 0 Approved: �Q City minis ra ive is r Dui afe LQ�J PU Tic "`tyy Uirec or v7 -(26) ��� w �� Do►c�� � �, �I� :. ��_ i SAN LUIS OBISPO COUNTY -WIDE FIRE SERVICES MUTUAL AID AGREEMENT This Agreement made and entered into and between various political subdivisions, municipal corporations and other public agencies of the State of California, located in or around San Luis Obispo County. WITNESSETH: WHEREAS, the location and size of San Luis Obispo County dictates that local resources must be used effectively since these resources are limited and additional assistance could be several hours away; and WHEREAS, it is the desire of the parties hereto to render aid for emergencies which may include fire, rescue, hazardous materials, flood, earthquakes and other similar occurrences or situations; and WHEREAS, the parties hereto desire to effect the purpose of this agreement as authorized by state law and /or their individual charters. NOW, THEREFORE, the parties hereto mutually agree as folIovis: 1. To furnish fire protection personnel, equipment, materials and supplies, and to render such fire services to each other as may be necessary to aid in emergencies including fire (prevention and suppression), rescue (medical response, basic life support, advanced life support, transportation); hazardous materials incidents, flood, earthquake and other emergencies v3 -(13) 3/6/65 1 which have developed or appear likely to develop and which are emergencies beyond the control of a single party and require adjacent mutual aid and /or combined forces of the parties hereto. 2. Such mutual aid shall be provided in or around the County of San Luis Obispo as predetermined and set forth in Attachment "A ", provided, however, that none of the parties hereto shall be required to respond to a request for mutual aid if such response would deplete its own fire protection resources, personnel, service and facilities to the detrime.nt of its normal fire protection responsibilities. 3. No response to a mutual aid request provided for in this Agreement will be made by the parties hereto unless such request is received through the established communications channels common to each party and made by a responsible fire official of the party requesting aid. 4. That any mutual aid provided under this Agreement is made with the express understanding that the local fire official(in whose jurisdiction an incident requiring mutual aid has occurred) shall remain in charge at such incident including the direction of personnel and equipment provided him through the operation of this mutual aid agreement. 5. Except, as may be provided by separate agreement between the parties hereto, the assurance of mutual aid set forth herein shall constitute the sole consideration for the performance hereof. It is mutually understood and agreed that in accordance v3 -(13) 3/6/85 with the provisions of Section 850.6 of the Government Code, the party requesting assistance is not required to indemnify the party furnishing assistance as to any liability for damage imposed by law upon the assisting party by reason of an act or omission of its employee occurring in the performance of the service. The requesting party shall be responsible only for the acts of the employees of the re.sponding party performed at the scene of the emergency and performed at the specific direction of an employee of the requesting party. Neither party shall be obligated to reimburse the other for any use of material, damage to equipment or liability incurred which may occur in the course of rendering the assistance herein provided for. 6. This agreement shall affect only those parties who are signators to the agreement and said agreement shall not be construed as, or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have a right of action hereunder for any cause whatsoever. 7. This agreement shall remain in full force unless terminated by either of the parties hereto giving to the other thirty (30) days written notice of such termination. Termination of one or more of the participating parties shall not affect the operation of this agreement with the remaining parties. 8. This agreement, when approved by all listed jurisdictions supersedes and replaces all prior county -wide mutual aid agreements for exchange of fire protection and rescue services between agencies. v3 -(13) 3/6/85 IN WITNESS WHEREOF, the parties have caused this agreement to be e.xe-cuted as of the day and year first hereunder written. 1. Atascadero State Hospital by: Date: 2. City of Arroyo Grande by: Date: 3. City of Atascadero by: Date: 4. Avila Beach Community Water District by: 5. Calif. Departme.nt of Forestry by: 6. California Men's Colony by: 7. Cal i jornzia Polytech/,i S M 8Z//�mbria Comm�yty Services D i s t r i c t by : Date: Date: Date: e University Date: Date: 9. Cayucos Fire Protection District by: Date: 10. ty of Grover Ci ty /117 by Date 11. City of Morro Bay by: Date: 12. Oceano Community Services District by Date: V3 - 3/6/85 �1 13. City of Paso Robles by: 14. City of Pismo Beach by: 15. Coun of San ups Obis o by: 16. y of n Luis Obis n by: - 17. San Miguel Fire- 2r_o_t-es-ian- District by: 18. Santa Margarita Fire Prevention District by: 19. South Bay Fire Protection District by: 20. Templeton Community Services District by: 21. Santa Barbara County Fire Protection District by: Date: Date: 12 ALiV 1ILS- Date: Date. Date: Date: Date: Date: Date: 22. City of Santa Maria by: Date: 23. Camp Roberts Fire Department by: Date: v3 -(13) 3/6/85 1 RESOLUTION NO. 5700 (1985 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DETERMINING THAT 692 MARSH STREET IS UNNECESSARY FOR PUBLIC PARKING PURPOSES AND DECLARING SAID PROPERTY SURPLUS WHEEREAS, the City now owns a parcel of real property (Assessor's Parcel No. 02- 422 -18) containing approximately 111605 sq. feet, located at 692 Marsh Street, between Broad and Nipomo, in the City of San Luis Obispo, California (the "Property "). A legal description of the Property is on file in the City Clerk's Office, City Hall, 990 Palm Street, San Luis Obispo, California, and may be examined there. WHEREAS, the City purchased the Property with the intention of using it for public parking purposes; WHEREAS, the City was unable to negotiate the purchase of the adjoining parcels of land necessary to make public parking feasible in the vicinity of the Property NOW, THEREOFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The City of San Luis Obispo does not now, and will not in the future, need the Property for public parking or other public purposes, and the Property is therefore surplus. Section 2. The sale of the Property would be for the benefit of the City and is necessary and proper for municipal purposes. Section 3. In accordance with the terms of the acquisition of the property, John Rossetti and Robin Rossi have an option to repurchase the property for the price the City paid, or fair market value, whichever is higher. Should the option not be exercised, staff shall take the following actions in connection with the Council's intent to sell the Property: R 5700 r. A. Send copies of this Resolution to the San Luis Obispo County• Parks Department, the Regional Parks Authority, the State Resources Agency, and the San Luis Obispo Housing Authority. B. Thereafter staff is authorized to solicit offers in accordance with normal procedures. C. Staff shall bring any offers to Council for consideration. Section 4. Should Mr. Rossi and Mr. Rossetti exercise the option, the Mayor is authorized to execute all necessary documents. Section 5. The City Clerk shall furnish a copy of this Resolution to: John Rossetti and Robin Rossi, Public Works Director, City Attorney, and Finance Director. On motion of - Councilman. Settle- ; seconded by - --Councilman - Gri € €in- - , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dunn and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this --18th day ,.� ...__.... r„„o _ .......... ..... loos "p7a ..a City Administrative fice� City A I'l JAI 1101 jdj�" Public W6rks Director Community DeVelbpent Director T h� 1�7�rro /lore -uf� I � t f (Anpic k'oSS�J