HomeMy WebLinkAbout8725-8733RESOLUTION NO. 8733 (1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING PROCEDURES FOR DISPOSING OF
SURPLUS COMPUTER EQUIPMENT
WHEREAS, the City has initiated an ongoing computer equipment replacement program
in accordance with the Information Technology Master Plan adopted on April 4, 1995; and
WHEREAS, this will result in an ongoing need to surplus and dispose of replaced
computer equipment.
. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby establishes procedures, for disposing of surplus computer equipment as set forth in
Exhibit A.
Upon motion of Williams , seconded by _ smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero & Mayor Settle
NOES: None
ABSENT: Norte
the foregoing resolution Was adopted this 21st
ATTEST:
City Clerk Bo e L Gaw.
APPROVED AS TO FORM:
• . i
I'MO
MW;GM
MW
day of October , 1997.
Mayor Allen Settle
R8733
ilillllliiiilllllllli111111111111111111 city of san tins osispo
Surplus Computer Equipment Disposal Procedures
PURPOSE AND SCOPE
The purpose of these procedures is to set forth guidelines for disposing of computer equipment
after it has been declared surplus by the Council in accordance with City Charter requirements.
Disposal of surplus computer equipment with an estimated market less than the amount requiring.
Council approval under the City Charter will continue to be made in accordance with the City's
general procedures for disposing of surplus property.
SURPLUS PROCEDURES
■ The determination that computer equipment is surplus to the City's needs will be made
by the Council prior to its disposal whenever its estimated market value exceeds the
amount set forth in the City Charter.
■ Before presenting recommendations to the Council to declare computer equipment as
surplus and disposing of it in accordance with these procedures, the Director of Finance
will ensure that there are no other reasonable City uses for it.
DISPOSAL PROCEDURES
■ All surplus computer equipment offered for sale will be on an "as -is" basis.
■ Surplus computer equipment will first be offered for purchase to City employees subject
to the following conditions:
• The Director of Finance and Information Systems staff are excluded from
purchasing surplus computer equipment under all circumstances; and Department
Heads whenever any surplus computer equipment is from their department.
• Employees purchasing surplus computer equipment under this program must
demonstrate that they legally own licensed copies of the City's standard desktop
operating system and word processing software for their personal use.
■ Remaining computer equipment declared surplus by the Council will then be offered to
non -profit organizations; and then to other governmental agencies.
■ Whatever is not purchased by these agencies will be consigned to the City's auction firm
for sale, or other method of disposal as determined by the Director of Finance..
■ The Director of Finance will establish further administrative guidelines as needed to
implement these procedures.
RESOLUTION NO. 19 7 3 2 (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1714
WHEREAS, the San Luis Obispo County Board of Supervisors approved the tentative map
for Tract 1714 by minute action on October 24, 1989, pursuant to certain findings and conditions,
along with certain conditions of development imposed by the San Luis Obispo County Planning
Commission ResolutionNo. 89 -81, and
WHEREAS, the subject property has been subsequently annexed to the City of San Luis
Obispo, and
WHEREAS, the City Council made certain findings and approved a one year time
extension of the tentative map for Tract 1714, per Resolution No. 8502 (1996 Series), subject to the
County established conditions; and an additional one year automatic time extension of the tentative
map was subsequently granted by the State legislature, and
WHEREAS, all conditions required per said County Board of Supervisors action and
County Planning Commission ResolutionNo. 89 -81 have been met and/or are to be recorded along
with the final map.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 1714 has
been found to be in substantial conformance with the tentative map and final map approval
is hereby granted.
Onmotionof Williams ,seconded by Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
n 0777
Resolution No. 8730997 Series)
Page Two
the foregoing Resolution was passed and adopted this 21st day of October ,1997.
YOR Allen K. Settle
ATTEST:
f 9
CLERK ?TY XL. Gamff
:iii
Approved as to Form:
/� ` VIAA,
� -Polls
.. ric
1 ;:9
lo
%2
1'
pppk
uls
6
Oy
97
LAND USE CATEGORIES
COMBINING DESIGNATIONS;
EXHIBIT
1
N 0 e1�
?P� \\
Is
112
10
6A)
RECORDING REQUESTED/
J. J. .Parsons tit J J
�I �
AND WHEN RECORDED MAIL TO:_ w<;_
City Clerk
990 Palm St.
San Luis Obispo, Ca..93401-
APN: 053- 231 =026
AGREEMENT TO PARTICIPATE :IN AND NOT OPPOSE FORMATION OF AN ASSESSMENT
DISTRICT FOR THE CONSTRUCTION AND INSTALLATION OF ROAD IMPROVEMENTS
THIS AGREEMENT is made and entered into this Seventh day of October,
1997, by and between J. J. Parsons hereinafter collectively referred to as
"Applicant ", and the City of San Luis Obispo, a political subdivision of the
State of California, hereinafter referred to as "City ".
WITNESSETH
WHEREAS, Applicant is the record owner of .real property situated in the
City of San Luis Obispo, State of California, hereinafter referred to as the
"subject property ", which is more particularly described as follows:
"Tract Number 1714 in the City of San Luis Obispo, A.K.A.
3621, 3641, 3661, and 3681, Sacramento Dr, San Luis Obispo, Ca. ", and
WHEREAS, on August 24, 1989, pursuant to an application for a
Development Plan filed by the Applicant, the San Luis Obispo County Planning
Commission duly approved Development.Plan D880384D authorizing development of
the subject proPerty under Title 22 of the San Luis Obispo County Code; and
WHEREAS, a condition precedent to the approval of said Development Plan
(condition 14) requires that the Applicant enter into an agreement with the
County, on behalf of, himself and his successors in interest, to waive his
right to protest. the` establishment of an assessment district for' the
construction of road improvements in connection therewith in the area set
forth in paragraph 1 of this agreement; and
WHEREAS, the subject property has been subsequently annexed to theVity
of San Luis Obispo; and
7.
EXHIBIT B
RESOLUTION NO8 7 31 (1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A PROGRAM BUDGET FOR THE USE OF STATE HIGHWAY
ACCOUNT (SHA) AND STATE TRANSPORTATION IMPROVEMENT PROGRAM
(STIP) FUNDING FOR VARIOUS TRANSPORTATION PROJECTS
WHEREAS, on August 6, 1997 the San Luis Obispo Council of Governments established .
guidelines for the use of California State Highway Account (SHA) and Federal Surface
Transportation Program (STP) funding; and
WHEREAS, on August 15, 1997 the SLOCOG staff distributed application materials to
all. local jurisdictions in San Luis Obispo County and established October 15, 1997 as the
deadline for submitting all applications for the use of SHA and STP funding; and
WHEREAS, the City Public Works staff has identified eleven (11) transportation
projects that are consistent with City adopted plans and policies and are eligible for SHA or STIP
program funding; and
. WHEREAS, it is the intent of the City that if funding is provided, these eleven projects
will be carried out during the six -year time frame of the SHA funding program; and
WHEREAS, the City Council has found that the proposed projects will provide
significant benefits to both local and regional travel within the San Luis Obispo area.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby:
SECTION 1: Approves the proposed program budget presented on Exhibit A, attached
and incorporated herein by reference, and authorizes the CAO to submit
applications for funding to SLOCOG for the listed projects.
SECTION 2: Authorizes the CAO to execute Cooperative Funding Agreements with the
San Luis Obispo Council of Governments ( SLOCOG) consistent with the
approved program budget
SECTION 3: Authorizes the CAO to submit an application to SLOCOG and Caltrans for
$8.2 million for the design and construction of the Prado Road Interchange.
Upon motion of Williams seconded by
Sm; t:b and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman and Mayor Settle
NOES: Council Member Romero
ABSENT: None
the foregoing resolution was adopted this 7th- day of October , 1997.
D_Q111
Resolution No. LD0997 Series)
Page 2
Mayor Allen K. e e
' ATTEST:
ity Clerk ]T6n n i L. dlawf
APPROVED:
MI -/ Z / 6 WM FP- � e �M�
,"
GATransportation Projects\RSHA Funding \CCAgenda Report
I
RESOLUTIONNO. 8730 (1997Series)
A RESOLUTION
OF THE CITY COUNCIL OF THE OF THE CITY OF SAN LUIS OBISPO
APPROVING WAIVER OF CITY FEES
RELATED TO PARTICIPATION IN THE
VOLUNTARY SEWER LATERAL REHABILITATIONPROGRAM
WHEREAS, the City Council has approved the implementation of a voluntary sewer lateral
rehabilitationprogram to reduce infiltration and inflow into the municipal collection system; and
WHEREAS, the rehabilitation of privately -owned sewer laterals may typically require
inspection and other services from the Building Division, the Engineering Division and the Sewer
Collection program which is the basis for collecting plumbing inspection fees_, lateral installation
fees, and encroachment permit fees; and
WHEREAS, the intent of the voluntary sewer lateral rehabilitation program is to encourage
property- owners to rehabilitate privately -owned sewer laterals contributing to the City's infiltration
and inflow problem; and
WHEREAS, the City Council has previously approved reimbursement to property owners
of up to $1,000 per property to encourage said rehabilitations and
WHEREAS, the combination of plumbing inspection fees, lateral installation fees and
encroachment permit fees may cost as much as $600 per property, and could result in the rebate
being used to reimburse fees and limited rehabitation work; and
WHEREAS, the repair of privately -owned laterals contributing to the City's infiltration and
inflow problem results in a community -wide benefit to the sewer system.
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby approves a
one -time waiver of the plumbing inspection fee, lateral installation fee and encroachment permit fee
in those instances when a privately -owned sewer lateral is being rehabilitated as part of the City's
voluntary sewer lateral rehabilitationprogram.
Upon motion of Smith , seconded by
Williams , and on the following roll call voter
AYES: Council:•Members Smith, Williams, Roalman, Romero & Mayor Settle
NOES: None
ABSENT. None
the foregoing resolution was adopted this 7th day of October 1997.
R -8730
Resolution Waiving Fees for Participants in Voluntary Sewer Lateral Rehabilitation Program
ATTEST:
Clerk i• eawf
APPROVED AS TO FORM:
(3.
City Att rney
r
Mayor Allen Settle
RESOLUrN.TEM
�� O
��Uy, • ��,��
�� ,,��
����
8729
RESOLUTION NO. (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LIST OF CONTRIBUTING HISTORIC PROPERTIES TO INCLUDE
PROPERTY LOCATED AT 1408 JOHNSON AVENUE.
WHEREAS, in 1987 the City Council adopted Resolution No. 6158 adopting the
Historical Preservation Program Guidelines, along with procedures for recognizing and
designating historic properties; and
WHEREAS, the Guidelines identify two categories historic properties: Master List
Historic Properties for the most unique and/or significant historic properties; and Contributing
Historic Properties which by virtue of their age, architectural character or historic association,
contribute to the historic or architectural character of the neighborhood;
WHEREAS, the owner of property located at 1408 Johnson Avenue has requested that
the property be designated as a Contributing property outside of an historic district, and has
researched the property's history and submitted historical and architectural documentation; and
WHEREAS, on August 25, 1997 the Cultural Heritage Committee held a public hearing
and based on the documentation and public testimony presented, recommended that the City
Council add the property to the List of Contributing Historical Properties due to its age,
architectural style and historical associations; and
WHEREAS, this City Council considered this recommendation during a public hearing
on September 20, 1994 pursuant to Historical Preservation Guidelines established by Council
Resolution No. 6158 (1987 Series);
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo that based on the Cultural Heritage Committee's recommendation, documentation
submitted and on file in the Community Development Department, public testimony, the staff
report, and on the City's Historical Preservation Program Guidelines the following:
R -8729
Council Resolution No. 8729 (1997 Series)
Page 2
SECTION 1. Addition . to the List of Contributing Historical Properties. The following
property is hereby added to the City's List of Contributing Historical Properties, located outside
of an established historic district:
-1408 Johnson Avenue (The Ira Van Gordon Residence), Ca. 1912.
(Legal Description: Assessor's Parcel No. 002 -484 -001; Portions of Lots 1 - 3, Block 19 of the
Central Addition to the City of San Luis Obispo).
SECTION 2. Publish Revised Contributing Properties List. The Community Development
Director is hereby directed to amend the List of Contributing Historical Properties to include the
above property, and to publish a revised List for public distribution.
SECTION 3. Environmental Determination. The City Council has determined that the this
action is exempt from environmental review under the California Environmental Quality Act
since it does not constitute a "project ", as defined under Section 15378 of the Act.
On motion of Williams ;seconded by Romero
and
on the following roll call vote:
AyES.Council Members Williams, Romero, Roalman, Smith & Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was sed and adopted this 7th day of October, 1997.
n
Mayor Aftin K. Settle
ATTEST:
City Cl k onni L. Gawf
APPROVED:
A i
C
RESOLUTION NO. 8 7 2 8 (1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AMENDMENT NO. 1 TO AN AGREEMENT DATED
JUNE 3,1997 WITH THE SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT
ZONE 9 FOR REIMBURSEMENT FOR CREEK MANAGEMENT WORK
WHEREAS, the County administers the funds of the San Luis Obispo County Flood
Control and Water Conservation District Zone 9, and
WHEREAS, the City administers programs with in Zone 9, and
WHEREAS, the County has budgeted within the Zone 9 program to fund the programs
administered by the City.
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby approves'
an agreement with the San Luis Obispo County Flood Control District Zone 9 providing for the
reimbursement of City funds spent for programs approved in the Zone 9 budget and authorizes the
Mayor to sign said agreement.
Upon motion of Williams ,seconded by Smith
and on the following roll call vote:
AYES: Council Members Williams, Smith, Roalman, Romero & Mayor Settl
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of October
ATTEST:
/ fV_�,
Mayor Allen K. Settle
APPROVED AS TO FORM:
WSON
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR PLANNING, STREAMBED CLEARING
AND GIANT REED ERADICATION PROGRAM,
AND STREAMBED IMPROVEMENT PROGRAM
This Amendment entered into the _71j.L day of Oernbpr 199 _,
between the San Luis Obispo County Flood Control and Water Conservation District; Zone
9 (hereinafter referred to as "Zone 9 ") and the City of San Luis Obispo (hereinafter referred
to as "City ");
WITNESSETH
WHEREAS, on June 3, 1997 City and Zone 9 entered into an agreement for
planning, a streambed clearing and giant reed eradication program and a streambed
improvement program for the San Luis Obispo Creek (SLO Creek); and
WHEREAS, City has applied to the Federal Emergency Management Agency
(FEMA) for funds to repair numerous sites that were damaged in the winter storms of 1995;
and
WHEREAS, FEMA has approved funding for design and repairs at some of said
sites and City is in the appeal process seeking funding for the remaining sites; and
WHEREAS, City has requested financial assistance from Zone .9 to fund study,
design and repair of the sites that FEMA has not yet approved; and
WHEREAS, prior to issuing any permits for repair work within the Waters of the
United States the Army Corp of Engineers will require a comprehensive study of SLO
Creek. hydraulics and the watershed habitat; and
WHEREAS, City has the resources to coordinate the completion of the study,
design and repairs at the 1995 storm damage sites; and
WHEREAS, City wishes to continue its role in streambed clearing and
improvements and exotics control; and
1
WHEREAS, the 1997/98 budget appropriates $50,000 for repair site design,
$650,000 for stream enhancement projects, $430,000 for long term creek drainage study,
$85,000 for streambed maintenance, and $50,000 for exotics eradication /revegetation; and
WHEREAS, by amending the existing contract, Zone 9 can reimbursing City for
completing these tasks;
NOW, THEREFORE, the agreement between the City and Zone 9 is hereby
amended as follows:.
Paragraph 3 is amended to read as follows:
3. The City shall hire the consultant(s) and administer the Phase I and Phase II creek
study to comply with state and federal permitting requirements and the repair site
design contracts.
The following paragraphs are added:
5. Zone 9 will contribute not more than $430,000 for Phase II of the creek study. Zone
9 will reimburse the City upon receipt of evidence of work performed and monthly
statements submitted for payment.
6. Zone 9 will contribute not more than $50,000 for the cost of designing the repairs
for the 1995 storm damage sites that are not approved for funding by FEMA. The
detailed design of repairs for the 1995 storm damage sites will be completed based
upon the findings and recommendations of the Phase I creek study. Zone 9 will
reimburse the City upon receipt of evidence of work performed and monthly
statements submitted for payment.
2
Paragraph 1 is amended to read as follows:
City and Zone 9 will work cooperatively to identify and prioritize maintenance and exotic
removal /revegetation sites throughout the San Luis Obispo Creek watershed.
Paragraph 2 is amended to read as follows:
Zone 9 will provide funds to the City for the City to accomplish the routine maintenance,
Giant Reed control and exotic removal and revegetation programs within Zone 9, as
follows:
The City shall be provided not more than $60,000 of the funds budgeted in Zone 9
in the 1996 -97 fiscal year for the streambed clearance program and an additional
sum of not more than $10,710 for the Giant Reed control and /or eradication
program for the 1996 -97 Fiscal Year.
The City shall be provided not more than $85,000 for routine maintenance and an
additional sum of not more than $50,000 for exotics eradication /revegetation for the
1997 -98 Fiscal Year.
Paragraph 4 is amended to read as follows:
Routine maintenance work performed under this agreement will include removal of
debris and vegetation which adversely affects the capacity of waterways or which
might be more difficult or costly to remove if moved by flood flows to different
locations where it will cause damage to the creek or flooding to adjacent improved
property.
Exotics eradication /revegetation work performed under this agreement will include
removal and proper disposal of detrimental exotic plants from throughout the
watershed. Revegetation projects shall be selected to minimize damage from flood
flows or for restoration after removal of exotic plants.
3
City and Zone 9 will work jointly in acquiring permits for shared projects and independently
for projects solely within their respective jurisdictions.
Paragraph 8 is amended to read as follows:
City and Zone 9 shall be responsible for acquiring any landowner permission
needed to accomplish the streambed clearing program and the Giant Reed control
and /or eradication program within their respective jurisdictions.
Paragraph 1 is amended to read as follows:
Zone 9 shall provide funding up to an amount of $114,000 for the City to stabilize
the SLO Creek bank next to the sidewalk and roadway that runs parallel with SLO
Creek to protect a large tree and the bank next to the house at 18 Mariposa Street.
Zone 9 shall provide funding up to $475,000 for construction of repairs to the
following 1995 storm damage sites that have not. yet been approved for
reimbursement by FEMA: 3546 S. Higuera St., 3026/3046 Higuera St., 236 Higuera
St., and Fox Hollow Road. Individual projects must receive written approval from
Zone 9 staff prior to construction.
Paragraph 4 is amended to read as follows:
City shall maintain all completed works within City Limits at no cost to Zone 9.
Paragraph 5 is amended to read as follows:
City shall assume ownership and liability for the completed works within City Limits.
M
IN WITNESS WHEREOF Zone 9 and City have executed this amendment on the day and
year first hereinabove set forth.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, Zone 9
By
Chairperson of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By
Dated:. _ S SEP R'1
ATTEST:
s
t. Xhyd _plan\susan \97- 8city.agr.ind
CITY • •- ••
�=/�
ATTEST:
Clerk, Board of Supervisors
5
n
C.
RESOLUTION N0. 8 7 2 7 (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 2211.
WHEREAS, the City Council made certain findings concerning vesting Tract 2211, as
contained-in Resolution No. 8574 (1996 Series), and
WHEREAS, the subdivider has submitted surety bonds in the amounts of $ 700,000
(Faithful Performance) and $ 350,000 (Labor & Materials) to guarantee installation of the
subdivision improvements per approved plans and the required fees have been received,
in accordance with the attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, the subdivider has not acquired a portion of necessary Fuller Road offsite right
of way (R/W), pursuant to Condition No. 1 of said Resolution 8574 (1996 Series) and
the City Attorney has, therefore, hired a legal consultant at the cost of the subdivider to commence
eminent domain (condemnation) procedures in order to acquire said R/W, as prescribed in the
attached Subdivision Agreement, pursuant to Section 66462.5 of the California Government Code
(Subdivision Map Act).
WHEREAS, all other conditions required per said Resolution No. 8574 (1996 Series) have
been met.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2211 has
been found to be in "substantial conformity" with the vesting tentative map and final map approval
is hereby granted. The City Attorney is hereby directed to pursue the acquisition of the required
offsite Fuller Rd. R/W, pursuant to the Subdivision Map Act and as prescribed in the attached
Subdivision Agreement.
R- 8727.
Resolution No.
Page Two
�i
8 7 2(71997 Series)
The Mayor is hereby authorized to execute the subdivision agreement and to accept the deeds for
the open space lots (Lots 46, 47 and 48), Fuller Rd. R/W (when acquired) and off -site easements for
future sanitary sewer purposes in Fuller Rd. (between Larkspur St. and Broad Street) and for slope
bank purposes, along Larkspur Street.
On motion of Williams ,seconded by Smith
and on the following roll call vote:
AYES`. Council Members Williams, Smith, Roalman, Romero;& Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
1997.
ATTEST:
_ . •r j _
1/1' PITY Approved as to Form:
�� r • �/�3' `• • •
EVERYONE\ .\City Council Reports\final map report - Tract 2211
7th dayof October
MAYOR Allen Settle
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this Ath day of October 1993 _by and
between THE WILLOWS -SAN LUIS OBISPO, LP, a California Limited Partnership herein
referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as
the "City."
RECITALS /
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the .City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2211, City of San Luis Obispo,
California, as approved by the City Council on the 7t-h day of October 199-7---
The Subdivider desires that said Tract No. 2211 be accepted and approved as a
Final Map pursuant to the'Subdivision Regulations of the City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivideragree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdividerdoes hereby agree to construct
and install the following subdivision, improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
n
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities
to be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown. on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans
:anal specifications on file. and approved by said City Engineer.
...The lines and-grades-for all of said improvements shall be-established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within eighteen (18) months of said recording date, unless an
extension has been.granted by the City, provided that if completion of said work is
delayed by acts of God or labor disputes resulting in.strike action,. the-Subdivider-shall
have an additional period of time equivalent to such period of delay in which to complete
such work. Any extension of time hereunder shall not operate to release the surety on
the Improvement Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and /or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of
the State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $ 700,000.00 which is
the amount of the estimated cost of said improvements. Subdivider agrees to remedy
- any defects in the improvements arising from faulty workmanship or,materials or defective
construction of said improvements occurring within twelve (12) months after acceptance
thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of
the State of California, upon final completion and acceptance of the work, City will release
all but 10% of the improvement security, that amount being deemed sufficientto
guarantee faithful performance by the Subdivider of his obligation to remedy any defects
in the improvements arising within a period of one year following the completion and
acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdividerto guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials bond in the
amount of 50% of the above described subdivision improvements ($350,000) in
accordancewith State law.
Said Subdivider has paid an inspection fee of $ 44,205.00 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans
and specifications on file with said City Engineer as a part of said Subdivision Map, and
all other documents filed with the City by the Subdivider and approved by the City
Engineer are hereby referred to for further particulars in interpreting and defining the
obligations of the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto
that this agreement shall bind the heirs, executors, administrators, successors and
assigns of the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's
contract unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBI O SUBDIVIDER
THE WILLOWS -SAN LUIS OBISPO,
LP, a California Limited Partnership
MAYOR Allen K. Settle By: The Willows -San Luis Obispo, LLC
a California limited liability company,
ATTEST: General Partner
CITY CLERK Bonnie Gawf
eff G. Jorgensen
APPROVED AS TO CONTENT
4I1
TY ENGINEER
By: He t. neAdvisers, Inc.
a Cal' orn' corporation
Ma
By: o.
0
Date:
.. - •
I
EXHIBIT 1
TRACT 2211 THE WILLOWS
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the
amount of $4,000.00 to cover the installation of survey monuments
in -accordance with the--approved map and payment for same. Said
guarantee will.be released to the Subdivider upon receipt by the
City of a letter.from the Engineer indicating that they have
completed the work and have been paid.
2. Park -in -lieu fees and sewer lift station -fees have been paid,
as listed in the attached EXHIBIT 2.
3, Water and sewer impact fees shall be paid -.at time of building
permits- through the Community Development Department per the fee
schedule in effect at that time.
4. Traffic impact fees shall be paid at time of building permits
through the Community Development Department per the fee schedule
in effect at that time
5. The Subdivider shall install landscaping and fencing in
detention and bike path areas and be responsible-for the
establishment.of the.landscaping for one year after acceptance of
the subdivision..improvements and make provisions for the
Homeowners Association to maintain the landscaping in the
detention basin and.bike path areas. Areas of rip -rap that are
back-filled with soil shall be maintained for a period of 5 years
per Condition 22 of Resolution 8574 (1996 Series)
6. The detention basin on Lot 44 shall be owned and maintained by
the Homeowners Association in accordance with condition 16 of
Council Resolution No. 8574 (1996 Series) and C.C. &R. annexation
being recorded with the final map.
7. Lots 46, 47 & 48 are being dedicated to the City in fee for
creek and open space purposes. The subdivider is responsible for
installation of the culvert and erosion protection, maintenance
and guarantee etc per the plans and current edition of city
standard specifications and per Condition 22 of Council Resolution
No. 8574 (1996 Series).
8. The subdivider shall inform home buyers of the need to preserve
turtles and avoid non - native plants per Conditions 21, 22, 23, and
24 of Council Resolution No. 8574 (1996 Series) . Information to be
given to the home buyers via a homeowners manual and included in
the public report with the C.C.& Rs.
9. The subdivider shall be responsible for all costs of right -of-
way acquisition including condemnation proceedings if necessary
for Fuller Road per Condition 1 of Council Resolution No. 8574
(1996 Series).
EXHIBIT 2
TRACT 2211
THE WILLOWS/ GOLDENROD
FEE AND BOND LIST
Bonds and Guarantees:
AMOUNT FORM OF SURETY DATE RECEIVED
BY:
Faithful Performance $700,000 Bond # 3SM90939600 9/4/97
H.B.
Labor & Materials $350,000 Bond # 3SM90939700 9/4/97
(50% of total cost H.B.
of improvements)
Monument Guarantee $4,000 Bond # 3SM90939700 9/4/97
H.B.
Erosion Contingency $7,500 Ltr of Credit 6/27/97
L -97- 203 -16 H.B.
Fuller Road Legal fee $20,000 Chk #1067 9/4/97
H.B.
Fees:
Map Check Fee $3,863
Plan check Fee $10,812
Inspection Fee $44,205
($1377 +6.1% of $702,104)
Park -in -Lieu Fee $144,781
(43 X 3367)
(sV/ 2/4/97
` H.B.
2/24/97
H.B.
Paid $5,000 6/27/97
$3.9,205 Paid 7/21/97
H.B.
�S 6/3.B.
H.B.
Sewer Lift Station Fee $3307.17 645 h Cif- 7/21/97
($131.55 X 3 X 8.38 Acres) H.B.
Water and Sewer & Traffic Impact Fees
(Due in conjunction with Building Permits)
T2211 Subdivision Agreement
ZZ ej
CP -14
0 ❑ e
...........
AI&
'01
—41
gab w Q. 4t
bl
Ile
le
At,
Ile
92
��,�,.�
Jam''` ,��'
P �b�
i
RESOLUTION NO. 87261997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO OPPOSING THE GOVERNMENT COST SAVINGS AND
TAXPAYERS PROTECTION AMENDMENT (AKA PECG INITIATIVE)
WHEREAS, every day billions of dollars of critical building, engineering and design
projects are underway, from seismic retrofitting to flood control to schools and hospitals; and
WHEREAS, state, regional and local governments are currently allowed the flexibility to
contract with private firms, on a competitive basis, to design these projects; and
WHEREAS, this process allows government the essential.flexibilityto use private firms
to deliver a project on time and cost effectively; and
WHEREAS, the so- called "Government. Cost Savings and Taxpayers Protection
Amendment" completely changes the process by giving the state bureaucracy a.virtual monopoly
on designing every project; and
WHEREAS, this will thereby force the City of San Luis Obispo and. other cities, counties,
schools, special districts, regional governments and even many private businesses to use the
state bureaucracy to design roads, parks, hospitals, health clinics, schools, water treatment
facilities; flood control walls and other critical structures - including all engineering, design,
geological and environmental works and
WHEREAS, local governments such as the City of San Luis Obispo would not be able to
hold the state bureaucracy accountable.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo
opposes the "Government Cost Savings and Taxpayers Protection Amendment ".
Upon motion of Williams ; seconded by
the following roll call vote:
Smith
, and on
AYES: Council Members Williams, Smith, Roalman,,Romero & Mayor Settl(
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of October , 1997.
ATTEST:
nnie L. Ga City erk Allen Settle, Mayor
APPROVED AS TO FORM:
ens n, A rney
R -8726
� � n
��'
,�r
RESOLUTION NO-8 7 2 5 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO POSTPONE FRONTAGE IMPROVEMENTS ALONG
THE PENNY LANE FRONTAGE OF 1251 BUCHON STREET
WHEREAS, the City Council conducted a public hearing on September 16, 1997 and
has considered testimony of interested parties and the evaluation and recommendation of staff;
and
WHEREAS, the City Council has determined that postponing the condition to install
standard frontage improvements would not result in significant public inconvenience for
pedestrian safety or drainage hazards for motorists, bicyclists, and pedestrians.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the applicant's
request to postpone installation of standard frontage improvements along the Penny Lane
frontage of 1251 Buchon Street and staff recommendations, public testimony, and reports
thereof, makes the following finding:
The condition which requires the installation of standard (sidewalk)(frontage)
improvements along the Penny Lane frontage of 1251 Buchon Street is not needed at
this time to accommodate orderly development, pedestrian travel and street drainage
runoff and would otherwise cause an undue hardship on the owners which does not
apply to other property owners pursuant to City Municipal Code Sections 12.16.050 &
17.76.060.
SECTION 3. Approval. The request to postpone the requirement to install standard
(sidewalk)(frontage) improvements along the Penny Lane frontage of 1251 Buchon Street, in
conjunction with a current building permit, is hereby postponed to a future date when required
by the City Engineer based on need and/or at the time of the installation of the frontage
improvements at the adjacent southerly property, subject to execution and recordation of a
covenant by the property owners, which shall run with the land.
On motion of Council Member Smith , seconded byCouncil Member Roalman,
and on the following roll call vote:
AYES` Council Members Smith, Roalman, Romero, Williams & Mayor Settle
NOES: None
ABSENT: None
n 0 - n r
i
Resolution No.
the foregoing resolution was passed and adopted this, day of , 1997.
Mayor Allen Settle
ATTEST:
B i r',: . RVA
APPROVED AS TO FORM:
devrev /sts/buchon/pennylan